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implementation of this MOA will be carried out in strict compliance with all Federal, <br /> State,or local laws regarding discrimination in employment. <br /> c. Conflicts. Nothing in this MOA shall act or be interpreted to supersede any applicable <br /> provision of State or Federal law and in the event of conflict with an applicable State <br /> or Federal law,the State or Federal law shall prevail. The implementation of this <br /> MOA will be carried out in strict compliance with all Federal,State or local laws. <br /> d. Funding; Nonappropriation. Nothing in this MOA shall be construed to create any <br /> monetary obligation on the part of CHCCS to the OCHD,or any right or entitlement on <br /> the part of OCHD to any compensation,or request for funding,from CHCCS. To the <br /> extent applicable,pursuant to N.C.General Statute 143C-6-8,it is understood and <br /> agreed between the parties that any payment obligations of the CHCCS under this <br /> MOA is contingent upon the availability of appropriated funds from which payment <br /> for contract purposes can be made,and,if payment obligations are made with State <br /> funds,upon the availability of appropriated funds that are not State funds. <br /> e. Term. The Term of this MOA is from August 1,2017 through June 30, 2018. This <br /> MOA may be terminated,without cause,by either party upon thirty(30) days written <br /> notice to the other party. This termination notice period shall begin upon receipt of <br /> the notice of termination.The parties may agree to renew this MOA upon mutual <br /> written agreement. <br /> f. Governing Law. This MOA shall be governed by and in accordance with the laws of <br /> the State of North Carolina. All actions relating in any way to this MOA shall be <br /> brought in the General Court of Justice in the County of Orange and the State of North <br /> Carolina. <br /> g. Criminal Background Checks/Sex Offender Registry Checks. OCHD will conduct <br /> criminal background checks on OCHD personnel who will have contact with <br /> students; or,in the alternative,OCHD will provide sufficient information to CHCCS to <br /> conduct such checks. Such checks shall include checks of the State Sex Offender and <br /> Public Protection Registration Program,the State Sexually Violent Predator <br /> Registration Program,and the National Sex Offender Registry. Such background <br /> checks must be completed prior to OCHD assigning any personnel to provide on- <br /> campus services to the CHCCS or any services to CHCCS students. OCHD shall not <br /> allow any person to provide on-campus services to the CHCCS or services to any <br /> CHCCS students if such person has been convicted of(1) a felony,or(2) any crime, <br /> whether felony or misdemeanor,that in CHCCS's reasonable judgment(articulated to <br /> OCHD prior to the OCHD personnel being assigned to a school),indicates the person <br /> may pose a threat to the safety of CHCCS staff or students. Under no circumstances <br /> shall any individual who is listed on one of the three sex offender registries listed <br /> above have any direct interaction with students at the direction of OCHD. OCHD <br /> 3 <br />