HomeMy WebLinkAbout2013-188 Health - Diana Montgomery Documentation and evaluation of the Fairview Community Garden Project $4,225 [Departmental Use Only]
TITLE Fairview Community
Garden Evaluation Plan Diana Montgomery
FY 2012-13
ORANGE COUNTY
CONTRACT UNDER$10,000.00
NORTH CAROLINA
THIS AGREEMENT, made and entered into this I st day of June, 2013, ("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 (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: See Exhibit A "Fairview Community Garden Evaluation Plan" of
which is attached and hereby incorporated by reference.
The term of this agreement rendered shall be from June 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. 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
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 four
thousand two hundred and twenty-five dollars, ($4,225) payable in equal installments of four hundred and
fifty dollars ($450) per month. 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.
Revised July 2010
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
attomey's fees) arising from bodily injury, including death, to any person or persons or damage to or
destruction of any properly 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 OUNTY PROVIDER
By: By:
County anager Title:
200 S. Cameron St. Diana Montgomery,PhD
P.O. Box 8181 1830 Halls Mill Road
Hillsborough,NC 27278 Efland NC, 27243
This in trument has been approved as to technical content.
Colleen Bridger,MPH,PCD,Department Director
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal
Control Act.
VA4 6114,1
Office of the Finance Director
This instrument has been approved as to form and legal sufficiency.
Revised July 2010 2
Office of the Couiky Atto y
Revised July 2010 3
Exhibit A
Ref. Fairview Community Garden Evaluation Plan
Purpose: Documentation and evaluation of the Fairview Community Garden project, funded through the North
Carolina Eat Smart Move More Community Grant.
Project Scope
1. Synthesis of documentation and pre-assessment data:
a. Review, analyze and summarize focus group pre-assessment interview data
b. Summarize records of garden activities and participation June 2012—June 2013
c. Assemble photo-documentation of garden activities and event
d. Time for completion 20 Hours
2. Data collection and analysis
a. Design and train Fairview Community youth and young adult garden team members to document
activities and collect data using photovoice methods for participant interviews at the June 8
Community Garden event
b. Design community survey instruments and collect participants' feedback and assessment of the
Community Garden Project activities and events for the June 8 Community Garden Event
c. Design and conduct post-assessment interviews with Garden Team Members and staff from
collaborating partner organizations
d. Design and conduct post-assessment interviews with Garden Team Members and staff from
collaborating partner organizations
e. Time for completion 30 Hours
3. Produce project evaluation report
a. Present all project documentation and assessment data
b. Assess project strengths, challenges and impacts
c. Provide summary and recommendations for continued development of the Fairview Community
Garden
d. Time for completion 80 Hours
Personnel: This evaluation will be conducted by Diana Montgomery, Ph.D, an Evaluation and Education
Consultant with over 25 years of professional experience and Pascale Mittendorf, MS, an experienced science
education and evaluation consultant.
Cost: Each consultant will be paid at a rate of$65 per hour not to exceed the expected 130 hours, for a total
cost of$8,450. Each consultant will receive no more than $4,225.
Deliverable: Final Report: An Evaluation of the Fairview Community Garden Project
Date of completion: June 30, 2013