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2011-122 Health - Michael Dolan Fliss for Health Assessment Data Analyhst
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2011-122 Health - Michael Dolan Fliss for Health Assessment Data Analyhst
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5/25/2011 12:37:51 PM
Creation date
5/25/2011 12:37:50 PM
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BOCC
Date
5/24/2011
Meeting Type
Work Session
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Contract
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Manager Signed
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SPECIFIC TERMS <br />1~- Pte: The County agrees to pay at the rates specified for Services satisfactorily <br />performed in accord -with this Agreement. The amount to be paid by the County shall not exceed one <br />thojrsand-five hundred dollars, {$1,500). Payment shall be made within thirty {30) days of an invoice <br />properly submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, <br />County may, without fault or penalty, withhold arty payment associated with the work to be performed until <br />such time as said work is completed <br />2. Non-waiver. Failure by County at any time to require the performance by Provider of any <br />of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same, nor <br />shall any waiver by the County of arty breach be held to be a waiver of arty succeeding breach or a waiver of <br />this Nan Waiver Clause. <br />3. Independent Contractor: T'he Provider shall operate as an independent Provider, and the <br />County shall not be responsible far any of the Provider's acts or omissions. The Provider shall not be treated <br />as an employee with respect to the Services performed hereunder for federal or state tax, unemployrnerrt or <br />workers' compensation purposes. The Provider understands that neither federal, nor state, oar payroll tax of <br />any kind shall be withheld or paid by the County oar behalf of the Provider or the employees of the Provider. <br />4. ce: The Provider shall obtain, at its sale expense, all insurance needed to adequately <br />insure itself during the performance of these services as required by the County's Risk Management Policy. <br />5. Indemnitv: The Provider agrees to defend, indemnify, and. hold harmless Orange County <br />from all losses, liabilities, claims, demands, suits, costs, damages or expenses {including reasonable <br />attorney's fees} arising from bodily irgury, including death, to any person or persons or damage to or <br />destruction of any property caused in whole or in part by any negligent or intentional act or omission on the <br />part of the Provider. <br />6. Termination: This Agreement maybe tenninated at any time by mutual written agreement of <br />the parties or by the County upon written notice to the Provider. <br />7. Entire Bement: The parties have read this Agreement and agree to be bound by all of its <br />terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between <br />the parties unless and until modified in writing and signed by the parties. Modifications may be evidenced <br />by telefacsimile signature. <br />8. Governing Law: Both parties agree that this Agreement shall be governed by the laws of the <br />State of North Carolina. Should either party initiate litigation to settle any dispute involving the ternis of this <br />Agreement such litigation shall be irritiated in the General Court of Justice of North Carolina seated in <br />Orange County, North Carolina. <br />9. Non Appropriation: Provider acknowledges that County is a governmental entity, and the <br />validity of this Agreement is based upon the availability of public funding under the authority of its statutory <br />mandate. In the event that public funds are unavailable and not appropriated for the performance of County's <br />obligations under this Agreement, then this Agreement shall automatically expire without penalty to County <br />immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. <br />IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreemenrt, effective <br />as of the day first written above. <br />ORANGE COUNTY <br />PROVIDER <br />Revised July 2010 2 <br />
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