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Home My WebLink About2012-319 Health - Diana Montgomery Community Organizer/Interagency Liiaison $ 4,500 [Departmental Use Only] TITLE COIL FY 2012-13 ORANGE COUNTY CONTRACT UNDER$10,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this I st day of August, 2012, ("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 the first part; and Diana Montgomery, Community Organizer/Interagency Liaison(COIL) (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: The Community Organizer/Interagency Liaison (COIL) will be responsible for overall coordination of all garden activities and events related to the Eat Smart Move More Community Grant; mentoring and supervising the Community Garden Manager; building capacity of Community Garden Members; and serving as a liaison between community garden members and external volunteers. The Community Organizer/Interagency Liaison(COIL)will: 1. Engage residents in garden activities, 2. Coordinate the various agencies and community partners involved with the garden, 3. Assist with grant writing, 4. Coordinate garden activities with Garden Manager,Cooperative Extension and the Master Gardeners, 5. Continue mentoring members of Fairview,providing technical assistance and leadership training, 6.Meet regularly with Orange County Health Department staff to discuss and review grant project related plans,purchasing,garden activities, data collection, and evaluation efforts. 7. Assist with project data collection and evaluation activities(i.e.class/work day attendance,pre- post tests, surveys, garden produce production, etc.) 8. Submit monthly Invoice and travel sheet documenting service activities and any corresponding data. The Orange County Health Department will: 1.Provide project-related technical support and guidance. Communicate information received from Grantor--Healthy Communities Section,Physical Activity and Nutrition Branch,NC Department of Public Health. 2. Participate in garden-related events and planning meetings initiated by Cooperative Extension, Garden Manger and COILS. The term of this agreement rendered shall be from August 1,2012 to May 31, 2013. Provider represents and agrees that Provider is qualified to perform and fully capable 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. Provider agrees that Provider shall not sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or responsibility granted or required by this Agreement,without the prior written approval of the County. Revised July 2010 SPECIFIC TERMS L The County agrees 1opay at the rates specified for Services satisfactorily performed in au000i with this Agreement. The amount to be oak] by the County mbuJl not exceed four c thousand five hundred dollars, ($$4,500) payable in equal instolb0001m of four hundred and fifty duUmn ($450) per month. Payment shall be made vvdbbm thirty (30) days of an invoice properly submitted k1cd to County. Should Provider fail to perform its duties under the 1ernomofthis Agreement, County may, without faubo«penalty, vvdhbnldany� ayn/eotamooui�edvvdbthe xworktohep performed time au said work is completed. 2. : Failure by County a1 any time 1orequire the performance 6v Provider ofany 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 abuD operate as no independent Provider, and the County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not bctreated 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, uorpayruU1uxof | any kind shall he withheld ur paid 6v the County ou behalf ofthe Provider octhe employees ofthe 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. Inderan The Provider agrees to 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. 9. Non Appropriatio : 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. Revised July 2010 2 ORANGE COUNTY PROVIDER By. By: I'�o."C, Co n anager Title: Co Y,.- 200 S. ameron P.O. Box 8181 Hillsborough,NC 27278 This instrument has been approved as to technical content. Col een Bridger,MPH, PhD, D rtment Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Office of the Finance Director This ' s umVnty pproved as to form and legal sufficiency. Offic of the ey Revis ed July 2010 3