HomeMy WebLinkAbout2013-417 Health - Kevin Kirk to teach the exercise component $600 Y
[Departmental Use Only]
TITLE DSME -Kirk
FY 2013-14
ORANGE COUNTY
CONTRACT UNDER$10,000.00
NORTH CAROLINA
THIS AGREEMENT, made and entered into this 1 st day of July, 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 Kevin Kirk(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 teach the exercise component of group instruction for the Orange County
Diabetes Self Management Education(DSME)Program to include the following:
Teach and instruct a one hour exercise class following the objectives outlined in the NC Diabetes
Self Management Program Curriculum.
Demonstrate safe and sound movement practices.
Provide proof of liability insurance.
Add additional educational components that are not in the curriculum that meet best practice
guidelines and the Provider feels appropriate.
Select additional handouts for the group presentation and provide updates to OCHD prior to the
start of the class series.
Request/choose educational teaching tools for OCHD to purchase for the class.
2. OCHD will:
Provide the NC Diabetes Self Management Program Curriculum for class outline
development.
Review the presentation and ensure that the components meet the NC Diabetes Self Management
Program Curriculum objectives.
Compile presentation and handouts in participant notebook.
Format the Provider's presentation in MS PowerPoint as updates are requested
Purchase educational teaching tools as the OCHD budget allows.
Monitor instructor for safe and sound movement practices.
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The term of this agreement rendered shall be from July 1, 2013 to June 30,2014.
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. Pgyment: 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 Fifty($50)
dollars per class, not to exceed a total of Six Hundred dollars, ($600.00). 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-_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
Revised July 2010 2
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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.
ORANG O PROVIDER
By: r By:
Co my Manager Title:
200 S. Cameron St. Kevin Kirk
P.O. Box 8181 5311 Beaumons Drive
Hillsborough,NC 27278 Durham NC,27707
This mptrument has been approved as to technical content.
Colleen Bridger,MPH,PhD, De ment Director
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal
Control Act.
4�, XU.—,
Office of the Finance Director
This i tru nt has been approved as to form and legal sufficiency.
Of e of t114,County ttorney
Revised July 2010 3