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2014-245 Health - NC Public Health Foundation to provide nicotine replacement therapy to Orange County residents $15,000
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2014-245 Health - NC Public Health Foundation to provide nicotine replacement therapy to Orange County residents $15,000
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Last modified
5/22/2014 10:02:56 AM
Creation date
5/22/2014 9:59:46 AM
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BOCC
Date
5/22/2014
Meeting Type
Work Session
Document Type
Contract
Agenda Item
Mgr Signed
Document Relationships
2015-396-E Health - NC Public Health Foundation - Amendment to Quit Line Services Agreement dated 5-1-2014
(Linked From)
Path:
\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2010's\2015
2015-634-E Health - NC Public Health Foundation for Quit Line Amendment
(Linked From)
Path:
\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2010's\2015
R 2014-245 Health - NC Public Health Foundation - nicotine replacement therapy
(Linked To)
Path:
\Board of County Commissioners\Contracts and Agreements\Contract Routing Sheets\Routing Sheets\2014
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described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage <br /> Requirements (each document is incorporated herein by reference and may be viewed at <br /> http://orangecouniync.gov/purchasing/contracts.Asp). If Owner's Risk Manager determines additional <br /> insurance coverage is required such additional insurance shall consist of WIN (if no additional insurance <br /> required mark N/A as being not applicable). Provider shall not commence work until such insurance is in <br /> effect and certification thereof has been received by the Owner's Risk Manager. <br /> 5. Indemnity: 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 injury, 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 may be terminated at any time by mutual written agreement of <br /> the parties or by the County upon written notice to the Provider. This contract is conditioned on the Provider <br /> entering into a Memorandum of Understanding within 90 days of execution of this Service Agreement with <br /> the Tobacco and Prevention and Control Branch of the Division of Public Health in the North Carolina <br /> Department of Health and Human Services that will enable them to enter into cost sharing agreements with <br /> third parties for QuitlineNC Comprehensive Services. <br /> 7. Entire Agreement: 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. Priori 1y: In determining the basic services to be provided, should any documents be <br /> referenced in this Agreement, the terms herein shall have priority in any conflict between the terms of <br /> referenced documents and the terms of this Agreement. <br /> 9. Governing Law:aw: 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 terms of this <br /> Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in <br /> Orange County, North Carolina. Provider shall at all times remain in compliance with all applicable local, <br /> state, and federal laws, rules, and regulations including but not limited to all anti-discrimination laws. <br /> Pursuant to the terms of North Carolina General Statute 153A-449(b) no county may enter into a contract <br /> with a contractor unless the contractor and the contractor's subcontractors comply with the requirements of <br /> Article 2 of Chapter 64 of the North Carolina General Statutes. Where applicable, failure to maintain <br /> compliance with the requirements of Article 2 of Chapter 64 of the General Statutes constitutes Provider's <br /> breach of this Agreement. By executing this Agreement Provider affirms Provider is in compliance with <br /> Article 2 of Chapter 64 of the North Carolina General Statutes. <br /> 10. 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 /> [SIGNATURE PAGE TO FOLLOW] <br /> Revised 9/13 2 <br />
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