HomeMy WebLinkAbout2013-026 Health - Nick Fitzgerald East Chapel Hill High School TRU Club Advisor $500 ORANGE COUNTY age z.&-
CONTRACT LESS THAN $5,000.00
NORTH CAROLINA
THIS AGREEMENT, made and entered into this 1 st day of July, 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 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 4, 2012 and June 30, 2013.
2. The Provider will work together with the Orange County Health Promotion Coordinator as needed
to assist in completion of at least two youth-led tobacco prevention activities or projects.
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.
4. The Provider will provide 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 once per month with the East Chapel Hill High School
TRU club.
6. 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.
7. The Provider will require all TRU Club members to submit TRU Peer Educator Consent /
Transportation Forms prior to particpating in events hosted by OCHD and notify the TRU Coordinator
immediately of any known disciplinary issues that violate the signed aggreement.
8. The Provider will require that all TRU Club members partipate in at least one Tobacco 101
training offered by OCHD staff or partners.
9. OCHD will provide snacks, incentives, and supplies for activities upon the request of the TRU
Club Advisor and as funds permit.
The term of this agreement rendered shall be from July 1, 2012 to June 30, 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.
Revised January 2010 1
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SPECIFIC TERMS
�. 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 properly submitted to County. Should Provider fail to perform its duties under the terms 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 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:aw: 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 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.
Revised January 2010 2
ORANGE COUNTY PROVIDER: Fed Tax lD#5 o _
By: - By:� `i e i
9(011t�K Manager Title: 'r f-v 6-AQ X s 0.-
200 .Camero , Nick Fitzgerald
P.O. Box 8 115 Pointe Place
Hillsborough,NC 27278 Hillsborough,NC 27278
This instrument has been approved as to technical content.
Colleen Bridger,Department rector
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal
Control Act.
Clarence G. Grier, Finance Director
This i tr en s been approved as to form and legal sufficiency.
, ounty A rney ?eL January 2010 3