Orange County NC Website
PHS/OCHD Memo of Agreement <br />Revised 06/23 <br /> <br />authorized representatives, shall have access to any books, documents, papers and records <br />of OCHD which are directly pertinent to this specific agreement, for the purposes of audit, <br />making excerpts and transcriptions. <br /> <br />G. Governing Law and Priority. This Agreement and the duties, responsibilities, obligations <br />and rights of respective parties hereunder shall be governed by the laws of the State of <br />North Carolina. Provider shall at all times remain in compliance with all applicable local, <br />state, and federal laws, rules, and regulations and the Orange County Non-Discrimination <br />Policy and Orange County Living Wage Policy (each policy is incorporated herein by <br />reference and may be viewed at <br />http://www.orangecountync.gov/departments/purchasing_division/contracts.php). Any <br />violation of this requirement is a breach of this Agreement and County may immediately <br />terminate this Agreement without further obligation on the part of the County. This <br />paragraph is not intended to limit and does not limit the definition of breach to <br />discrimination. By executing this Agreement Provider affirms that Provider and any <br />subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter 64 <br />of the North Carolina General Statutes. By executing this Agreement Provider certifies <br />that Provider has not been identified and has not utilized the services of any agent or <br />subcontractor, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By <br />executing this Agreement Provider certifies that Provider has not been identified, and has <br />not utilized the services of any agent or subcontractor identified, on the list created by the <br />State Treasurer pursuant to G.S. 147-86.81. In determining the basic services to be <br />provided, should any documents be referenced in or attached to this Agreement, the terms <br />herein shall have priority in any conflict between the terms of referenced documents and <br />the terms of this Agreement. <br /> <br />H. Confidentiality of Patient Records. All parties agree to abide by all laws and regulations <br />governing the confidentiality of patient information, including HIPAA privacy rules and <br />further agree to vigorously safeguard privileged information. <br /> <br />I. Non-discrimination. All activities under this contract will be conducted in accordance <br />with Title VI of the Civil Rights Act of 1964 (42 U.S.C.2000d et seq.), Title IX of the <br />Education Amendments of 1972 (20 U.S.C. 1681 et seq.), Section 504 of the <br />Rehabilitation Act of 1973 (29 U.S.C.794), Age Discrimination Act of 1975 (42 U.S.C. <br />6101 et seq.); Title II and Title III of the Americans with Disabilities Act (ADA) of 1990 <br />as amended by the ADA Amendment Act of 2008 (42 U.S.C. 12131-12189) as <br />implemented by Department of Justice regulations at (28 CFR Parts 35 and 36); <br />Executive Order 13166, "Improving Access to Services for Persons with Limited English <br />Proficiency." (August 11, 2000), all provisions required by the implementing regulations <br />of the U.S. Department of Agriculture (7 CFR Part 15 et seq); and FNS directives and <br />guidelines to the effect that no person shall, on the ground of race, color, national origin, <br />age, sex (including gender identity and sexual orientation), or disability, be excluded <br />from participation in, be denied the benefits of, or otherwise be subjected to <br />discrimination under any program or activity for which Federal financial assistance is <br />received for the administration of the WIC Program; and hereby gives assurances that it <br />will immediately take measures necessary to effectuate this agreement. By providing this <br />assurance, the contractor agrees to compile data, maintain records and submit records and <br />reports as requested by the Community Nutrition Services Section to permit effective <br />Docusign Envelope ID: 63CECEA1-D8BB-4086-B7BA-20666284B037