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HomeMy WebLinkAbout2017-297-E Health - Maile Williams for TRU advisor DocuSign Envelope ID:822449AC-8446-4C0B-9FA1-84B94AEA862B [Departmental Use Only] TITLE TRU Club Advisor FY 2017-18 ORANGE COUNTY CONTRACT UNDER$1,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this first day of July, 2017, ("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 Maile Williams (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 Orange High School Tobacco Reality Unfiltered (TRU) Club during the 2017-18 school year. 2. The Provider, with support from Orange County Health Department (OCHD) staff, will facilitate the completion of at least three 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 2017 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 from September - May, securing space at the high school for meetings, establish a regular meeting time with school administrators, advertising meetings and track meeting attendance. 5. The Provider will be responsible for recruiting students into the TRU Club and maintaining a club of at least ten regularly participating students -- a regularly participating student is one that attends and participates in 60%of club meetings and activities. 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 1, 2017 to June 30, 2018. 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 Revised 2/17 1 DocuSign Envelope ID:822449AC-8446-4C0B-9FA1-84B94AEA862B 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 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 County'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://www.orangecountync.gov/departments/purchasing division/contra cts.php). If County'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 County'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. County may suspend this Agreement upon reasonable notice to 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 Revised 2/17 2 DocuSign Envelope ID:822449AC-8446-4C0B-9FA1-84B94AEA862B modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the parties to comply with Article 11A and Article 40 of North Carolina.General Statute Chapter 66. 8. Governing Law and Priority: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and Orange County. 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 Non- Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing division/contracts.ph .). 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 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. By executing this Agreement Provider affirms Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 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. 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. 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] Revised 2/17 3 DocuSign Envelope ID:822449AC-8446-4C0B-9FA1-84B94AEA862B IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement, effective as of the day first written above. O GsO :NTY PR InMRed by: V orogUI Ctt Ji Ataiiw aimS By: By. 5145n2CD045C40f Valli ams Department Director Title: 200 S. Cameron St. Maile Williams P.O. Box 8181 1505 Mountain view Ct. #B Hillsborough,NC 27278 Hillsborough,NC 27278 Revised 2/17 4 DocuSign Envelope ID:822449AC-8446-4C0B-9FA1-84B94AEA862B Kimberlee Quatrone From: Dorothy Cilenti Sent: Wednesday, May 31, 2017 10:17 AM To: April Richard Cc: Kimberlee Quatrone; Donna King Subject: RE: Contracts for TRU Advisors-Waive Liability This sounds great! I will waive the requirement for liability given the minimal funding we give to the school social workers.Thanks! From: April Richard Sent: Wednesday, May 31, 2017 9:51 AM To: Dorothy Cilenti Cc: Kimberlee Quatrone; Donna King Subject: RE: Contracts for TRU Advisors-Waive Liability Morning, Our TRU (Tobacco. Reality. Unfiltered) advisors are currently all school social workers in our 5 high schools. Several of them have served as advisors for a number of years, extending back to when we had Wellness Trust Funding.All are returning with the exception of the advisor from Cedar Ridge High School. She has proposed a replacement,who I will be meeting next week. In addition, Chapel Hill/Carrboro schools has requested to that we begin a TRU club at Phoenix Academy as well; I am working with them to determine whether a prevention focused club will best serve their needs. Kim and I are currently working on the contracts for next year. I will attach a copy of what we have been working on. We pay our advisors$500 for the school year and provide a $100 stipend for the club. We ask that our advisors assist in recruiting students,facilitating meetings and activities that educate and train our students in peer tobacco prevention and education, and giving the students opportunities to advocate for tobacco prevention strategies. Our advisors typically schedule meetings, secure meeting locations, assist in completing any school district paperwork for students as well Health Department documents. Please let me know if that answers all of your questions. Sincerely, April Richard, MPH Senior Public Health Educator Tobacco Prevention and Control Coordinator 919-245-2424 919-245-0896 (fax) improwirig he ra . 1 ufit Carve, You 1