HomeMy WebLinkAbout2016-322-E Health - Avis Barnes for TRU Advisor DocuSign Envelope ID:AEA6A194-0163-467A-B087-B0AB73895C5B
[Departmental Use Only]
TITLE TRU Club Advisor
FY 2016-17
ORANGE COUNTY
CONTRACT UNDER$1,000.00
NORTH CAROLINA
THIS AGREEMENT, made and entered into this first day of July, 2016, ("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 Avis Barnes (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 serve as the advisor for the Cedar Ridge High School Tobacco Reality
Unfiltered(TRU) Club during the 2016-17 school year.
2. The Provider, with support from Orange County Health Department (OCHD) staff, will facilitate
the completion of at least two youth-led tobacco prevention activities or projects within the school and at
least one in the community.
3. The Provider will participate in a TRU Club Advisor training in fall 2016 for guidance on
conducting TRU activities and will communicate regularly throughout the school year about plans and
accomplishments.
4. The Provider will hold TRU Club meetings at least once per month, securing space at the high
school for meetings, establishing a regular meeting time with school administrators, and advertising
meetings.
5. The Provider will be responsible for recruiting students into the TRU Club.
6. The Provider will ensure that all TRU Club members submit signed consent and transportation
forms prior to participating in events hosted by OCHD and notify OCHD staff immediately of any known
disciplinary issues that violate the signed agreement.
7. The Provider will require that all TRU Club members participate in at least one Tobacco 101
training offered by OCHD.
8. The Provider will refrain from using tobacco products during TRU activities.
9. OCHD will provide snacks, incentives, and supplies for activities upon the request of the TRU
Club Advisor as funds permit.
The term of this agreement rendered shall be from August 17, 2016 to June 30, 2017.
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,
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DocuSign Envelope ID:AEA6A194-0163-467A-B087-B0AB73895C5B
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 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 contractor, 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://orangecountync.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 and Signatures: 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. This Agreement together with any amendments or
modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of
the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66.
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DocuSign Envelope ID:AEA6A194-0163-467A-B087-B0AB73895C5B
8. Priority: In determining the basic services to be provided, should any documents be
referenced in or attached to this Agreement, the terms herein shall have priority in any conflict between the
terms of referenced documents and the terms of this Agreement.
9. Governing Law: Both parties agree that this Agreement shall be governed by the laws of the
State of North Carolina. Provider shall at all times remain in compliance with all applicable local, state, and
federal laws, rules, and regulations including but not limited to all state and federal anti-discrimination laws,
policies, rules, and regulations and the Orange County Anti-Discrimination Policy. Any violation of this
requirement is a breach of this Agreement and County may immediately terminate this Agreement without
further obligation on the part of the County. This paragraph is not intended to limit and does not limit the
definition of breach to discrimination. By executing this Agreement Provider affirms that Provider is and
shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By
executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the
services of any agent or subcontractor, on the list created by the State Treasurer pursuant to G.S. 147-86.58.
10. Dispute Resolution: Neither party may initiate binding arbitration. Any disputes shall be
resolved by nonbinding mediation. 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.
11. 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.
O' a * .,EsQQI NTY PR DEAned by:
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Colleen Bridger,Department Director Title:
200 S. Cameron St. Avis Barnes
P.O. Box 8181 3113 Genlee Dr.
Hillsborough,NC 27278 Durham,NC 27704
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DocuSign Envelope ID:AEA6A194-0163-467A-B087-B0AB73895C5B
From: Colleen Bridger
To: Cobv Austin
Cc: Kimberlee Quatrone; Donna Kina
Subject: RE: Contracts for TRU Advisors-waive liability
Date: Wednesday,May 25,2016 1:38:07 PM
Attachments: imaae005.onq
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Yes, I confirm my desire to waive the personal liability insurance for TRU Advisors.
Colleen Bridger, MPH, PhD
Orange County Health Director
President, North Carolina Association of Local Health Directors
Phone: 919.245.2412/Cell: 919.612.2053
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From: Coby Austin
Sent: Wednesday, May 25, 2016 1:37 PM
To: Colleen Bridger
Cc: Kimberlee Quatrone; Donna King
Subject: Contracts for TRU Advisors - waive liability
Colleen —
As you did last year, can you please confirm that you waive the requirement for TRU Advisors to
take out personal liability insurance, and that the health department will assume the liability?
Thanks,
Coby
Coby Jansen Austin, MPH
Tobacco Prevention and Control
Phone: 919.245.2424/ Fax: 919.245.0896
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