Orange County NC Website
DocuSign Envelope ID: BA2C9714-6E23-4C44-906C-9D17CC0719D6 UNC SOM#22-0715 <br /> Statutes. By executing this Agreement Provider certifies that Provider has not been <br /> identified, and has not utilized the services of any agent or subcontractor identified, on the <br /> list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement <br /> Provider certifies that Provider has not been identified, and has not utilized the services of <br /> any agent or subcontractor identified, on the list created by the State Treasurer pursuant to <br /> G.S. 147-86.81. <br /> b. Non-Discrimination. Provider agrees as part of consideration of the granting of funds by <br /> Orange County the parties hereto for themselves, their agents, officials, employees and <br /> servants agree not to discriminate in any manner of these basis of race,color,gender,national <br /> origin, age, handicap, religion, sexual orientation, familial status or veterans status with <br /> reference to any activities carried out by the grantee, no matter how remote. The parties <br /> hereto further agree in all respects to conform to the provision and intent of Orange County <br /> Civil Rights Ordinance, as amended and the Orange County Non-discrimination Policy, <br /> which is incorporated herein by reference and can be viewed at <br /> hllp://www.oran_eg coggtync. og v/departments/purchasing division/contracts.php. The <br /> County may enforce this provision by an action for specific performance, injunctive relief, <br /> or other remedy as by law provided; this provision shall be binding on the grantees, the <br /> successors and assigns of the parties hereto with reference to the above subject manner. <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 shall <br /> be 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, <br /> however,the Parties may agree to nonbinding mediation of any dispute prior to the bringing <br /> of such suit or action. <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 Wage <br /> Policy, which is incorporated herein by reference, can be viewed at: <br /> http://www.oran eg coggtync. og v/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 /> e. 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 <br /> 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 this <br /> Agreement shall be fully qualified and shall be authorized and permitted under federal, state <br /> and local law to perform such services. <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 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 <br /> agreement. <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 /> Orange County Managed Care Fund Performance Agreement Page 4 of 9 <br /> Rev. 912021 <br />