The URL can be used to link to this page

Home My WebLink About2011-375 Health - Nick Fitzgerald for East Chapel Hill High School TRU Club Advisor training __5 -s ORANGE COUNTY C� NORTH CAROLINA CONTRACT LESS THAN$5,000.00 THIS AGREEMENT, made and entered into this 7th day of September, 2011, ("Effective Date") by and between Orange County, North Carolina, a body politic and corporate-organized under the laws of the State of North Carolina, (the "County"), party of tb&first part; and Nick Fitzgerald (the "Provider"), party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the,County hereby contracts for the services of the Provider, and the'Provider agrees to provide the following services to the County in accordance with the terms of this Agreement,time being of the essence: The services and/or materials (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: 1. The Provider will assist Orange County Health Department(OCHD)to implement the East Chapel Hill High School Tobacco.Reality. Unfiltered. (TRU)Group between September 7, 2011 and June 30, 2012. 2. The Provider will work together with the Orange County Teen Tobacco Use Prevention and Cessation Coordinator as needed to assist in completion of the grant project. 3. The Provider will attend a TRU Club Advisor Training for instruction on conducting TRU Activities, using the TRU Activity Tub, and TRU Activity Reporting Forms. 4. The Provider will assist in providing technical assistance, such as providing program ideas and evaluation tools, as needed to the East Chapel Hill High School TRU group as they implement their activties. 5. The Provider will hold meetings at least twice per month with the East Chapel Hill High School TRU club. 6. The Provider will help students work on upcoming assignments and activities that fulfill the goals and objectives outlined in the NC Division of Public Health (DPH)Tobacco Prevention and Control Branch Annual Action Plan during meetings and document their progress and projects. 7. The Provider will be responsible for advertising meetings, securing a space at East Chapel Hill High School;and establishing a regular meeting time with school administrators. 8. The Provider will adhere to grant contract rules and guidelines. DPH grant contract Rules are as follows: -Club fundraising is not allowed -Funds may not be used for entertainment purposes (for example, taking an end of year trip to Carowinds) -TRU Clubs will not vilify tobacco companies -All media produced by the club must be sent to the TRU Coordinator for approval by DPH -Youth may not receive gift cards using grant money 9. The Provider will require all TRU Club members to submit TRU Peer Educator Forms and notify the TRU Coordinator immediately of any known disciplinary issues that violate the signed aggreement. 10. OCHD will provide snacks, incentives, and supplies for meetings upon the request of the Club Leader and as DPH grant funds permit. Revised January 2010 1 i.0 J#4 The term of this agreement rendered shall be from September 7,2011 to June 30,2012. Provider represents and agrees that Provider is qualified to perform and fully citpable of performing and providing the services required. or necessary under this Agreement in a fully competent, professional and timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omissions,in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. SPECIFIC TERMS 1. Payment: The County agrees to+pay at the rates specified for Services satisfactorily performed in accord with this Agreement.The amount to be paid by the County shall not exceed$250.00 per semester or a total of five-hundred dollars, ($500.00). Payment shall be made within thirty (30) days of an invoice p. pc.ly subrrLtted to County. Should I ro-vid,r fai? :o re_-forrr its duties under the terrrs of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. 2. Non—waiver: Failure by County at any time to require the performance by Provider of any of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same,nor shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of this Non-Waiver Clause. 3. Independent Contractor: The Provider shall operate as an independent Provider, and the County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. 4. Insurance: The Provider shall obtain, at its sole expense, all insurance needed to adequately insure itself during the performance of these services as required by the County's Risk Management Policy. 5. Indemnity: The Provider agrees w defend, indemnify, and hold harmless Orange County from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or destruction of any property caused in whole or in part by any negligent or intentional act or omission on the part of the Provider. 6. Termination:This Agreement may be terminated at any time by mutual written agreement of the parties or by the County upon written notice to the Provider. 7. Entire Agreement: The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified in writing and signed by the parties. Modifications may be evidenced by telefacsimile signature. 8. Governing Law: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. Should either party initiate litigation to settle any dispute involving the terms of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County,North Carolina. Revised January 2010 2 s 9. Non Appropriation: Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written Notice to Provider of the unavailability and non-appropriation of public funds. IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement,effective as of the day first written above. ORANGE COUNTY PROVIDER: Fed Tax IM County Mana Title: Tl, U )k4 I/s - -F-& 0Lc. H I 1 H S 200 S. Camero t. Nick Fitzgerald P.O. Box 8181 115 Pointe Place NC 2' Hillsborough, ,278 *.Ii �; r• 1 115, O*Ji:bl: '�?,. 772?$ ,1 This instrument has been approved as to technical content. Colleen Bridger,Departmen erector This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. C A. 41, jit Grier, Finance Director been approved as to form and legal sufficiency. County Attorney bf Revised January 2010 3