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Home My WebLink About2013-106 Health - Ama Champong for Assist with Smoke Free Public Plances Policy and Promotion $900 / [Departmental Use Only] TITLE A. Aohmmmpong FY i2-13 ORANGE COUNTY CONTRACT UNDER$10,000.00 NORTH CAROLINA THIS AGRF8CMEN1[, made and entered into this \oi day nf April, 2O\3, (^^EffectiveI)u1e") hvand 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 Ama Achampong(the "Provider"), party of the second part; WDTNE SSETDDz For the purpose and subject to the terms and conditions hereinafter yet forth, the County hereby contracts for the services of the Provider, and the Provider ugnecu to provide the Dn||mvviug services to the County in accordance with the terms of this Agreement, time being of the essence: The men/ioem uod/mc materials (buociouftec referred to collectively as "Services") 0o he furnished under this Agreement areas fb||ovvu: Provide/will: ). Assist with Smoke-Free Public Places Sigoage Committee by taking minutes at committee nmnchnBm, and assisting with the development of plan to ioo|ndc:usnmuuomcnto, ordering, and developing a Memo of Agreement regarding posting free signs, and evaluation. 2. Assist with Fn:mbutud C|uamea by completing data entry for o|umm participant surveys, stocking the class resource box, making reminder oa||o if needed, developing m 3 month tb||ow up survey and spreadsheet, and preparing a NRT report for the Borad of Health (# served, units of NRT distributed, quit rates, and other data provided byY4DP and the Ouidioc). 3. Assist Senior Public Dcu|Ux Educator and Informatics Manager in developing a Smoke-Free Public Places Evaluation P|uu—vvkhu focus on cessation efforts. The term of this agreement rendered shall bcfroon April 1, 2013 to May 3, 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 mo1iafaoboo of the County. Provider shall be responsible for all errors or omissions, in the performance of the Agreement. Provider ahu|| correct any and all errors, omissions, discrepancies, ambiguities, mistakes orconflicts 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. SPECIFIC TERMS Paymen : The County agrees to pay at the ru1um specified for 8un/icmm satisfactorily performed in accord with this Agreement. The amount 10 be paid by the County shall not exceed nine hundred dollars, ($900.00). Payment shall be made within thirty (3O) days of an invoice properly submitted 10 County. Should Provider fail to perform its duties under the terms ofthis Agreement, County may, without fault orpenalty, withhold any payment associated with the work toheperformed until such time ua 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 tu 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. R* .seu]o}rzo|0 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: 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. ORANGE COUNTY PROVID R By: By: a__V4 Cou an JA Mager Title: 200 S. Cameron St. Ama Achampong P.O. Box 8181 2701 Homestead Rd. Apt 309 Hillsborough,NC 27278 Chapel Hill,NC 27516 This instrument has been approved as to technical content. Department Director Revised July 2010 2 ' - . ~ ^ This instrument has been pre-audited io the manner required hv the Local Government Budget and Fiscal Control Act. qa,z� j ,� Office of the Finance Director This i rume been approved as to form and legal sufficiency. Offfifict of MtheoOun Atttirney ty Revised July 2010 3 ��