Orange County NC Website
Orange County Opioid Funding Agency Performance Agreement <br />Rev.07/25 <br />Page 4 of 10 <br />7. Insurance. <br />a. General Requirements. Provider, an agency of the State of North Carolina, is responsible for <br />its and its employees’ negligence as provided under North Carolina law. The Provider is a <br />self-insured entity and carries insurance limits as required by the state of North Carolina. The <br />Provider will be responsible for its own negligence in accordance with the North Carolina <br />Tort Claims Act. A copy of Provider’s Certificate of Insurance will be provided to County <br />upon request. <br />i. Nothing in this section is intended to affect or abrogate the County’s sovereign <br />immunity defenses. <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 />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 /> <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. <br /> <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 /> <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 /> <br /> <br /> <br />Docusign Envelope ID: 29556FD2-008F-43BA-A984-596F90EB929E