Orange County NC Website
Contract #68-2014 <br />Senior Care of Orange County, Inc. <br />commercial software, or internal components, subroutines, <br />and interfaces therein) that perform any date and/or time <br />data recognition function, calculation, or sequencing will <br />support a four digit year format and will provide accurate <br />date/time data and leap year calculations. This warranty <br />shall survive the termination or expiration of this contract. <br />Certification Regarding Collection of Taxes: G.S. 143- <br />59.1 bars the Secretary of Administration from entering <br />into contracts with vendors that meet one of the conditions <br />of G.S. 105-164.8(b) and yet refuse to collect use taxes on <br />sales of tangible personal property to purchasers in North <br />Carolina. The conditions include: (a) maintenance of a <br />retail establishment or office; (b) presence of <br />representatives in the State that solicit sales or transact <br />business on behalf of the vendor; and (c) systematic <br />exploitation of the market by media-assisted, media- <br />facilitated, or media-solicited means. The Contractor <br />certifies that it and-all of its affiliates (if any) collect all <br />required taxes. <br />Time of the Essence: Time is of the essence in the <br />performance of this contract. <br />Executive Order # 24: "By Executive Order 24, issued by <br />Governor Perdue, and N.C. G.S.§ 133-32, it is unlawful for <br />any vendor or contractor (i.e. architect, bidder, contractor, <br />construction manager, design professional, engineer, <br />landlord, offeror, seller, subcontractor, supplier, or <br />vendor), to make gifts or to give favors to any State <br />employee of the Governor's Cabinet Agencies (i.e., <br />Administration, Commerce, Correction, Crime Control and <br />Public Safety, Cultural Resources, Environment and <br />Natural Resources, Health and Human Services, Juvenile <br />Justice and Delinquency Prevention, Revenue, <br />Transportation, and the Office of the Governor). This <br />prohibition covers those vendors and contractors who have <br />a contract with a governmental agency; or have performed <br />under such a contract within the past year; or anticipate <br />bidding on such a contract in the future. <br />Miscellaneous <br />Choice of Law: The validity of this contract and any of its <br />terms or provisions, as well as the rights and duties of the <br />parties to this contract, are governed by the laws of North <br />Carolina. The Contractor, by signing this contract, agrees <br />and submits, solely for matters concerning this Contract, to <br />the exclusive jurisdiction of the courts of North Carolina <br />and agrees, solely for such purpose, that the exclusive <br />venue for any legal proceedings shall be Orange County, <br />North Carolina. The place of this contract and all <br />transactions and agreements relating to it, and their situs <br />and forum, shall be Orange County, North Carolina, where <br />all matters, whether sounding in contract or tort, relating to <br />the validity, construction, interpretation, and enforcement <br />shall be determined. <br />Amendment: This contract may not be amended orally or <br />by performance. Any amendment must be made in written <br />form and executed by duly authorized representatives of <br />the County and the Contractor. <br />Severability: In the event that a court of competent <br />jurisdiction holds that a provision or requirement of this <br />contract violates any applicable law, each such provision <br />or requirement shall continue to be enforced to the extent it <br />is not in violation of law or is not otherwise unenforceable <br />and all other provisions and requirements of this contract <br />shall remain in full force and effect. <br />Headings: The Section and Paragraph headings in these <br />General Terms and Conditions are not material parts of the <br />agreement and should not be used to construe the meaning <br />thereof. <br />For additional information regarding the specific <br />requirements and exemptions, vendors and contractors are <br />encouraged to review Executive Order 24 and G.S. Sec. <br />133-32. <br />Executive Order 24 also encouraged and invited other <br />State Agencies to implement the requirements and <br />prohibitions of the Executive Order to their agencies. <br />Vendors and contractors should contact other State <br />Agencies to determine if those agencies have adopted <br />Executive Order 24." <br />Key Personnel: The Contractor shall not replace any of <br />the key personnel assigned to the performance of this <br />contract without the prior written approval of the County. <br />The term "key personnel" includes any and all persons <br />identified as such in the contract documents and any other <br />persons subsequently identified as key personnel by the <br />written agreement of the parties. <br />Care of Property: The Contractor agrees that it shalt be <br />responsible for the proper custody and care of any property. <br />furnished to it for use in connection with the performance <br />of this contract and will reimburse the County for loss of, <br />or damage to, such property. At the termination of this <br />contract, the Contractor shall contact the County for <br />instructions as to the disposition of such property and shall <br />comply with these instructions. <br />Travel Expenses: Reimbursement to the Contractor for <br />travel mileage, meals, lodging and other travel expenses <br />incurred in the performance of this contract shall not <br />exceed the rates established in County policy. <br />General Terms and Conditions - (07/ 10) Page 4 of 5 <br />