Orange County NC Website
DocuSign Envelope ID: 2F480715 -130E- 4068- 982A- 846663807EAA <br />3. Miscellaneous Provisions <br />a. Confidentiality of Student Records. OCHD ( "Provider ") agrees that all student <br />records, if any, obtained in the course of providing services to the CHCCS under this <br />MCA shall be subject to the confidentiality and disclosure provisions of applicable <br />Federal and State statutes and regulations, and CHCCS policies. All student records <br />shall be kept in a secure location preventing access by unauthorized individuals. <br />Provider will maintain an access log delineating date, time, agency, and identity of <br />any individual accessing student records who is not in the direct employ of OCHD. <br />Provider shall not forward to any person other than the parent or CHCCS any student <br />record, including, but not limited to, the student's identity, without the written <br />consent of the parent and CHCCS. Upon termination of this MOA, OCHD shall turn <br />over to CHCCS all student records of CHCCS's eligible students to whom OCHD has <br />provided services under this MCA. <br />b. Non - Discrimination. The parties hereby agree that, in their respective educational <br />and /or employment practices, neither will discriminate against any person because <br />of race, color, religion, sex, national origin, age, creed or disability. The <br />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 MCA 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 />MCA will be carried out in strict compliance with all Federal, State or local laws. <br />d. Funding; Nonappropriation. Nothing in this MCA 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 />MCA 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, 2018 through June 30, 2019. This <br />MCA 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 MCA shall be <br />