Orange County NC Website
DocuSign Envelope ID: 557E0BA8 -0FDF- 4943- B1 0E- 6AB96D651 F413 <br />7. Relationship of the Parties. Provider is an independent contractor of the County. Provider <br />represents that they have or will secure, at his own expense, all personnel required in performing <br />the services under this Agreement. Such personnel shall not be employees or have any <br />contractual relationship with the County. All personnel engaged in work under this Agreement <br />shall be fully qualified and shall be authorized and permitted under federal, state and local law to <br />perform such services. <br />8. Compliance with all Laws. The Provider, at its sole expense, shall comply with all laws, <br />ordinances, orders and regulations of the federal, state or local governments, as well as their <br />respective departments, commissions, boards, and officers, which are in effect at the time of <br />execution of this Agreement or are adopted at any time following execution of this agreement. <br />9. Subcontract. The County and Provider deem the services provided under this Agreement to be <br />personal in nature and Provider may not subcontract any rights or duties under this Agreement to <br />any other party without prior written consent from the County. <br />10. Assignment. The Provider shall not assign this Agreement, including the rights to payment, to <br />any other party without the prior written consent of the County. <br />11. Indemnification. Provider agrees to defend, indemnify, and hold harmless the County, for all <br />loss, liability, claims or expense (including reasonable attorney's fees) arising from bodily injury, <br />including death or property damage, to any person or persons caused in whole or in part by the <br />negligence or willful misconduct of the Provider, except to the extent same are caused by the <br />negligence or willful misconduct of the County. It is the intent of this section to require Provider <br />to indemnify the County to the extent permitted under North Carolina law. Nothing in this <br />section is intended to affect or abrogate the County's sovereign immunity defenses. <br />12. Non - Appropriation. This Agreement is subject to the availability of funds to purchase the <br />specified services and may be terminated at any time if such funds become unavailable. <br />13. Non - Discrimination. Provider agrees as part of consideration of the granting of funds by Orange <br />County the parties hereto for themselves, their agents, officials, employees and servants agree not <br />to discriminate in any manner of these basis of race, color, gender, national origin, age, handicap, <br />religion, sexual orientation, familial status or veterans status with reference to any activities <br />carried out by the grantee, no matter how remote. The parties hereto further agree in all respects <br />to conform to the provision and intent of Orange County Civil Rights Ordinance, as amended and <br />the Orange County Non - discrimination Policy. This provision is enforced by action for specific <br />performance, injunctive relief, or other remedy as by law provided; this provision shall be <br />binding on the grantees, the successors and assigns of the parties hereto with reference to the <br />above subject manner. <br />14. Living Wage. Orange County is committed to providing its employees with a living wage and <br />encourages agencies if funds to pursue the same goal. The County's living wage is $ 14.25 per <br />hour. To the extent possible, Orange County recommends that EmPOWERment, Inc. provide a <br />living wage to its employees. <br />15. Notice. The Parties hereto agree and understand that written notice, mailed or delivered, to the <br />last known address shall constitute sufficient notice to the County and the Provider. All notices <br />required and/or made pursuant to this Agreement to be given to the County and the Provides shall <br />be in writing and mailed to the party addressed as follows: <br />(EmPOWERment, Inc) <br />Orange County Outside Agency Performance Agreement Page 4 of 9 <br />Rev. 7118 <br />