2018-252 Health - OCS - Youth Tobacco Use Prevention program

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4. Funding; Nonappropriation. The total cost to OCS under this MOA shall not exceed $1,000, to be provided through in -kind funding. Nothing in this MOA shall be construed to create any monetary obligation on the part of OCS to the OCHD, or any right or entitlement on the part of OCHD to any compensation, or request for funding, from OCS. To the extent applicable, pursuant to N.C. General Statute 143C -6 -8, it is understood and agreed between the parties that any payment obligations of the OCS under this MOA is contingent upon the availability of appropriated funds from which payment for contract purposes can be made, and, if payment obligations are made with State funds, upon the availability of appropriated funds that are not State funds. 5. Term. The Term of this MOA is from August 1, 2017 through June 30, 2018. This MOA may be terminated, without cause, by either party upon thirty (30) days written notice to the other party. This termination notice period shall begin upon receipt of the notice of termination. The parties may agree to renew this MOA upon mutual written agreement. 6. Governing Law. This MOA shall be governed by and in accordance with the laws of the State of North Carolina. All actions relating in any way to this MOA shall be brought in the General Court of Justice in the County of Orange and the State of North Carolina. 7. Criminal Background Checks /Sex Offender Registry Checks. OCHD will conduct criminal background checks on OCHD personnel who will have contact with students; or, in the alternative, OCHD will provide sufficient information to OCS to conduct such checks. Such checks shall include checks of the State Sex Offender and Public Protection Registration Program, the State Sexually Violent Predator Registration Program, and the National Sex Offender Registry. Such background checks must be completed prior to OCHD assigning any personnel to provide on- campus services to the OCS or any services to OCS students. OCHD shall not allow any person to provide on- campus services to the OCS or services to any OCS students if such person has been convicted of (1) a felony, or (2) any crime, whether felony or misdemeanor, that in OCS's reasonable judgment (articulated to OCHD prior to the OCHD personnel being assigned to a school), indicates the person may pose a threat to the safety of OCS staff or students. Under no circumstances shall any individual who is listed on one of the three sex offender registries listed above have any direct interaction with students at the direction of OCHD. OCHD expressly acknowledges that N.C. General Statute 14- 208.18 prohibits anyone required to register as a sex offender under Article 27A of Chapter 14 of the General Statutes from knowingly being on the premises of any school. This prohibition applies to persons required to register under Article 27A who have committed any offense in Article 7A of Chapter 14 or any offense where the victim of the offense was under the age of 16 years at the time of the offense. C