2019-506 Health - UNC Health Care mammogram screenings

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[ Departmental Use Only] TITLE UNC BCCCP Program FY 2019=20 ORANGE COUNTY UNC BCCCP PROGRAM CONTRACT NORTH CAROLINA THIS AGREEMENT , made and entered into this first day of July , 2019 , ("Effective Date ") by and between Orange County , North Carolina, a political subdivision of the State of North Carolina , (the " County " ) , party of the first part ; and UNC Health Care System (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 (hereinafter referred to collectively as " Services ") to be furnished under this Agreement are as follows : See Exhibit A " NC BREAST AND CERVICAL CANCER PROGRAM " and Exhibit B "North Carolina Breast and Cervical Cancer Control Program 2019 Services Fee Schedule " and any amendments thereto , both of which are attached and hereby incorporated by reference . The term of this agreement rendered shall be from July 1 , 2019 to June 30 , 2020 . 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 , 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 Eight ;Thousand Dollars ( $ 8 , 000) and at the rate provided in Exhibit B and any amendments thereto . The County shall monitor Services requested to limit Services to those that can be covered by the maximum amount stated in this Agreement . 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. Revised 6/ 19 1