Orange County NC Website
Browse       Search
<br />Orange County Opioid Funding Agency Performance Agreement Page 3 of 10 <br />Rev.07/25 <br />Provider an opportunity to cure the default without termination of this Agreement. This <br />clause shall not be interpreted to limit the County’s remedies in law or in equity. <br /> <br />c. Notwithstanding the foregoing, either party may terminate the agreement at any time without <br />penalty; provided that written notice of such termination is furnished to the other party at <br />least 30 days prior to termination. In the event of such termination, any payment due shall <br />be prorated to the date of termination and any unused funds shall be returned to the County <br />within 10 days of termination. <br /> <br />d. Any termination of this Agreement for default under this section that is later deemed to be <br />unjustified shall be deemed a termination for convenience. <br />e. Waiver. The payment of any sums by the County under this Agreement or the failure of the <br />County to require compliance by the Provider with any provisions of this Agreement or the <br />waiver by the County of any breach of this Agreement shall not constitute a waiver of any <br />claim for damages by the County for any breach of this Agreement or a waiver of any other <br />required compliance with this Agreement. <br /> <br /> <br />6. Responsibilities of the County. <br /> <br />Cooperation and Coordination. The County has designated (Orange County Health Director, <br />Quintana Stewart) to act as the County's representative with respect to the Project who shall <br />have the authority to render decisions within guidelines established by the County Manager <br />or the County Board of Commissioners and who shall be available during working hours as <br />often as may be reasonably required to render decisions and to furnish information. <br /> <br />7. Insurance. <br /> <br /> <br />a. General Requirements. Provider shall obtain, at its sole expense, Commercial General Liability <br />Insurance, Automobile Insurance, Workers’ Compensation Insurance, and any additional insurance <br />as may be required by County’s Risk Manager as such insurance requirements are described in the <br />Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage <br />Requirements (each document is incorporated herein by reference and may be viewed at <br />http://www.orangecountync.gov/departments/purchasing_division/contracts.php). If County’s <br />Risk Manager determines additional insurance coverage is required such additional insurance shall <br />consist of Professional Liability and a Molestation/Sexual Assault rider (if no additional insurance <br />required mark N/A as being not applicable). Provider shall not commence work until such <br />insurance is in effect and certification thereof has been received by the County's Risk Manager. <br /> <br />a. Nothing in this section is intended to affect or abrogate the County’s sovereign immunity <br />defenses. <br /> <br />8. General Provisions. <br /> <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 />executing this Agreement Provider affirms that Provider and any subcontractors of Provider <br />are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General <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 />Docusign Envelope ID: C8A5641B-110D-44D8-B267-1820E0BBAE3E