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2018-102-E County Mgr - Dispute Settlement Center OCPEH Conflict Training Spring 2018
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2018-102-E County Mgr - Dispute Settlement Center OCPEH Conflict Training Spring 2018
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Last modified
7/31/2018 4:30:56 PM
Creation date
4/2/2018 10:10:29 AM
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Contract
Date
3/20/2018
Contract Starting Date
3/20/2018
Contract Ending Date
6/30/2018
Contract Document Type
Contract
Amount
$700.00
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R 2018-102 County Mgr - Dispute Settlement Center OCPEH Conflict Training Spring 2018
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\Board of County Commissioners\Contracts and Agreements\Contract Routing Sheets\Routing Sheets\2018
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DocuSign Envelope ID: A9C88E8B- 0482 -4A2A- BFB5- 5B1B48EB17E7 <br />http: / /www.orangecountync.gov /departments /purchasing division /contracts.php). If County's Risk <br />Manager determines additional insurance coverage is required such additional insurance shall consist of N/A <br />(if no additional insurance required mark N/A as being not applicable). Provider shall not commence work <br />until such insurance is in effect and certification thereof has been received by the County'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, its agents, or assigns directly or indirectly related to the Services to be performed <br />pursuant to this Agreement on the 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. County may suspend this Agreement upon <br />reasonable notice to the Provider. <br />7. Entire Agreement and Signatures: The parties have read this Agreement and agree to be <br />bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the <br />Agreement between the parties unless and until modified in writing and signed by the parties. This <br />Agreement together with any amendments or modifications may be executed electronically. All electronic <br />signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of <br />the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. <br />8. Priori : In determining the basic services to be provided, should any documents be <br />referenced in or attached to this Agreement, the terms of this Agreement shall have priority in any conflict <br />between the terms of 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. Provider shall at all times remain in compliance with all applicable local, state, and <br />federal laws, rules, and regulations including but not limited to all state and federal anti - discrimination laws, <br />policies, rules, and regulations and the Orange County Non - Discrimination Policy and Orange County Living <br />Wage Policy (each policy is incorporated herein by reference and may be viewed at <br />http: / /www.oran eg countync. og v/departments /purchasing division/contracts.php.). Any violation of this <br />requirement is a breach of this Agreement and County may immediately terminate this Agreement without <br />further obligation on the part of the County. This paragraph is not intended to limit and does not limit the <br />definition of breach to discrimination. By executing this Agreement Provider affirms that Provider is and <br />shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By <br />executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the <br />services of any agent or subcontractor, on the list created by the State Treasurer pursuant to G.S. 147 - 86.58. <br />10. Dispute Resolution: Any and all suits or actions to enforce, interpret, or seek damages with <br />respect to any provision of, or the performance or non - performance of, this Agreement shall be brought in <br />the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the <br />parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding <br />arbitration may not be initiated by either Parry, however, the Parties may agree to nonbinding mediation of <br />any dispute prior to the bringing of such suit or action. <br />11. 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 />Revised 2/17 2 <br />
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