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<br />Orange County Opioid Funding Agency Performance Agreement Page 4 of 10
<br />Rev.07/25
<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.
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<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 />http://www.orangecountync.gov/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.
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<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.
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<br />d. 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 />e. 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.
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<br />f. 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 />g. Assignment. The Provider shall not assign this Agreement, including the rights to payment,
<br />to any other party without the prior written consent of the County.
<br />
<br />h. 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 bodily
<br />injury, including death or property damage, to any person or persons caused in whole or in
<br />part by the negligence or willful misconduct of the Provider, except to the extent same are
<br />caused by the negligence or willful misconduct of the County. It is the intent of this section
<br />to require Provider to indemnify the County to the extent permitted under North Carolina
<br />Docusign Envelope ID: C8A5641B-110D-44D8-B267-1820E0BBAE3E
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