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Home My WebLink About2014-459 Public Health - James Wise to assist OCHD to implement the CHHS Tobacco. Reality. Unfiltered. (TRU) Group $500 aD 4 HM A [Departmental Use Only] TITLE TRU CLUB ADVISOR JW FY 2014-15 ORANGE COUNTY CONTRACT UNDER$1,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this ls` day of September, 2014, ("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 James Wise(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 and/or construction (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 Chapel Hill High School Tobacco.Reality.Unfiltered. (TRU)Group between September 4,2014 and June 30, 2015. 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 Chapel Hill High School TRU group as they implement their activties. 5. The Provider will hold meetings at least once per month with the Chapel Hill High School TRU Club. 6. The Provider will be responsible for advertising meetings, securing a space at 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 September 1,2014 to July 31,2015. 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, Last modified 9/13 1 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. �I 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 $250.00 Per Semester for 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: Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by Owner's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://oran eg cogp nc.gov/purchasing/contracts.asp). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here N/A (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. 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 in carrying out Provider's duties and obligations related to the Services to be provided in this Agreement. 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 Last modified 9/13 2 Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County,North Carolina. 9. E-Verify: Pursuant to the terms of North Carolina General Statute 153A-449(b) no county may enter into a contract with a contractor unless the contractor and the contractor's subcontractors comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Where applicable, failure to maintain compliance with the requirements of Article 2 of Chapter 64 of the General Statutes constitutes Provider's breach of this Agreement. By executing this Agreement Provider affirms Provider is in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 10. 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. [SIGNATURE PAGE TO FOLLOW] Last modified 9/13 3 IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDE By: By: G'Y Department Director Ti e: S r SfdQ 200 S. Cameron St. James Wise P.O.Box 8181 2324 Woodbury Drive Hillsborough,NC 27278 Hillsborough,NC 27278 This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. (Y"," /J. )yu- Office of the Chief Financial Officer This i me as been approved as to form and legal sufficiency. Office f the LdA6nty Atto ey Last modified 9/13 4