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2021-523-E-Health-Planned Parenthood South Atlantic-Outside Agency Agreement
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2021-523-E-Health-Planned Parenthood South Atlantic-Outside Agency Agreement
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Last modified
9/27/2021 11:13:25 AM
Creation date
9/27/2021 11:13:05 AM
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Contract
Date
9/23/2021
Contract Starting Date
9/23/2021
Contract Ending Date
9/23/2021
Contract Document Type
Agreement
Amount
$20,000.00
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<br />Orange County Outside Agency Performance Agreement Page 5 of 13 <br />Rev.9/21 <br />c. 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 <br />shall be brought in the General Court of Justice of North Carolina sitting in Orange County, <br />North Carolina. It is agreed by the parties that no other court shall have jurisdiction or <br />venue with respect to such suits or actions. Binding arbitration may not be initiated by <br />either Party, however, the Parties may agree to nonbinding mediation of any dispute prior <br />to the bringing of such suit or action. <br /> <br />d. Living Wage. Orange County is committed to providing its employees with a living wage <br />and encourages agencies if funds to pursue the same goal. The Orange County Living <br />Wage Policy, which is incorporated herein by reference, can be viewed at: <br />http://www.orangecountync.gov/departments/purchasing_division/contracts.php. The <br />County’s living wage is $ 15.40 per hour. To the extent possible, Orange County <br />recommends that Provider provide a living wage to its employees. <br /> <br />e. Relationship of the Parties. Provider is an independent contractor of the County. <br />Provider represents that they have or will secure, at his own expense, all personnel required <br />in performing the services under this Agreement. Such personnel shall not be employees or <br />have any contractual relationship with the County. All personnel engaged in work under <br />this Agreement shall be fully qualified and shall be authorized and permitted under federal, <br />state and local law to perform such services. <br /> <br />f. 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 <br />their respective departments, commissions, boards, and officers, which are in effect at the <br />time of execution of this Agreement or are adopted at any time following execution of this <br />agreement. <br /> <br />g. Subcontract. The County and Provider deem the services provided under this Agreement <br />to be personal in nature and Provider may not subcontract any rights or duties under this <br />Agreement to any other party without prior written consent from the County. <br /> <br />h. Assignment. The Provider shall not assign this Agreement, including the rights to <br />payment, to any other party without the prior written consent of the County. <br /> <br />i. Indemnification. Provider agrees to defend, indemnify, and hold harmless the County, for <br />all loss, liability, claims or expense (including reasonable attorney's fees) arising from <br />bodily injury, including death or property damage, to any person or persons caused in <br />whole or in part by the negligence or willful misconduct of the Provider, except to the <br />extent same are caused by the negligence or willful misconduct of the County. It is the <br />intent of this section to require Provider to indemnify the County to the extent permitted <br />under North Carolina law. Nothing in this section is intended to affect or abrogate the <br />County’s sovereign immunity defenses. <br /> <br />j. 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 /> <br />k. Compliance With The Contract Work Hours And Safety Standard Act. (See 29 <br />C.F.R. §5.5) <br /> <br />i. Overtime requirements. No Provider or sub-Provider contracting for any <br />part of the contract work which may require or involve the employment of <br />laborers or mechanics shall require or permit any such laborer or mechanic <br />DocuSign Envelope ID: 3B9D32F2-BCE5-494E-B2DF-78A17389E8BA
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