2018-171-E DEAPR - Molly Fitzsimmons temporary employment agreement

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DocuSign Envelope ID: B7D932CF- 5E47- 4C56- BC28- 883E84C8487E Provider may, during the course of providing services hereunder or in relation to this Agreement have access to, and acquire knowledge regarding personnel, materials, data, systems, legal, economic development, tax, and /or other information which may not be accessible or known to the general public. Any such knowledge acquired by the Provider shall not be used, published or divulged by the Provider to any person, firm or other entity without prior written approval of the County unless such use, publication or divulgence is in the direct furtherance of the provision of services set out in this Agreement. Provider specifically agrees that the foregoing confidentiality obligation applies to the terms of this Agreement and any information disclosed to the Provider in any document provided to the Provider by the County. Provider agrees to be bound by the terms of this section of this Agreement in perpetuity. 11. RECORD AND /OR DOCUMENT RETENTION AND SECURITY Provider agrees to maintain all records and /or documents of, or related to, the employment and services set out in this Agreement on the property of the County, specifically, in the office of Orange County Recreation Division Administrative Office, 302 West Tryon Street, Hillsborough, NC 27278. In the event the removal of such records and /or documents from the property of the County is necessary for the furtherance of the employment and provision of services set out in this Agreement the Provider agrees to maintain such records and /or documents in a safe and secure location. Provider agrees that upon the conclusion of the provision of services to the County it will leave all records and /or documents and things accumulated in the furtherance of the provision of services set out in this Agreement in a safe and secure location upon the property of the County, specifically, those items that contain private information i.e., addresses, phone numbers, social security numbers, private health information, and any other personal information related to participation within Orange County Recreation Division programs and activities. 12. NONAPPROPRIATION Provider acknowledges that County is a governmental entity, and the contract validity is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this contract, then this contract shall automatically expire without penalty to County thirty (30) days after written notice to Provider of the unavailability and non - appropriation of public funds. It is expressly agreed that County shall not activate this non - appropriation provision for its convenience or to circumvent the requirements of this contract, but only as an emergency fiscal measure during a substantial fiscal crisis. In the event of a change in the County's statutory authority, mandate and mandated functions, by state and federal legislative or regulatory action, which adversely affects County's authority to continue its obligations under this contract, then this contract shall automatically terminate without penalty to County upon written notice to Provider of such limitation or change in County's legal authority. 13. SEVERABILITY Should any word, sentence, paragraph or clause of this Agreement be determined to be unlawful, it shall have no bearing or impact on the remaining terms of the Agreement which shall remain fully enforceable as if the unlawful word, sentence, paragraph, or clause had been absent from the initial drafting of the Agreement. Revised 10/17