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2018-750-E Finance - New Destinations performance agreement
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2018-750-E Finance - New Destinations performance agreement
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Last modified
7/25/2019 4:18:32 PM
Creation date
11/26/2018 11:31:23 AM
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Template:
Contract
Date
7/1/2018
Contract Starting Date
7/1/2018
Contract Ending Date
6/30/2019
Contract Document Type
Agreement - Performance
Amount
$35,100.00
Document Relationships
R 2018-750 Finance - New Destinations Performance Agreement
(Attachment)
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\Board of County Commissioners\Contracts and Agreements\Contract Routing Sheets\Routing Sheets\2018
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(New Destinations) <br />Orange County Cardinal Managed CareFund Performance AgreementPage5of 9 <br />Rev. 8/18 <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, employeesand 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.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 <br />brought in the General Court of Justice of North Carolina sitting in Orange County, North <br />Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with <br />respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, <br />the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or <br />action. <br />15.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 $14.25per <br />hour.To the extent possible, Orange County recommends that New Destinationsprovide a living <br />wage to its employees. <br />16.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 />17.Entire Agreement. This Agreement, including any referenced attachments, constitutes the entire <br />Agreement between the parties and shall supersede, replace or nullify any and all prior <br />Agreements of understandings;written or oral, relating to the matters set forth herein, and any <br />such prior Agreements or understandings shall have no force or affectwhatsoever on this <br />Agreement. The County and Provider have read this Agreement and agree to be bound by all of <br />its terms, and further agree that this Agreement constitutes the complete and exclusive statement <br />of the Agreement between the County and Provider. <br />18.Severability. All clauses found herein shall act independently of each other. If a clause is found <br />to be illegal or unenforceable, it shall have no effect on the other provisions of this Agreement. It <br />is understood by the parties hereto that if any part, term or provision of this Agreement is by the <br />Courts held to be illegal orin conflict with any laws of the State of North Carolina or the United <br />States, the validity of the remaining portions or provisions shall not be affected, and the rights <br />and obligations of the parties shall be construed and enforced as if the Agreement did not contain <br />the particular part, term or provision held to be invalid. <br />a.Governing Law.This Agreement and the duties, responsibilities, obligations and rights of <br />respective parties hereunder shall be governed by the laws of the State of North Carolina.By <br />County: Finance &Administrative Services <br />Orange County <br />Post Office Box 8181 <br />Hillsborough, NC 27278 <br />Provider: New Destinations <br />5720 Turner Store Lane <br />Raleigh, NC 27603 <br />DocuSign Envelope ID: 45F8D9E2-21AC-4868-9A00-7CEFD1517F11
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