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DocuSign Envelope ID:27BE0809-07F1-4358-A397-1F35DD236252
<br /> Contract 968-2009
<br /> Charles House Association
<br /> policy and regulations,record retention maybe longer than
<br /> five years since records must be retained for a period of Miscellaneous
<br /> three years following submission of the final Federal
<br /> Financial Status Report, if applicable, or three years Choice of Law: The validity of this contract and any of its
<br /> following the submission of a revised final Federal terms or provisions, as well as the rights and duties of the
<br /> Financial Status Report. Also, if any litigation, claim, parties to this contract, are governed by the laws of North
<br /> negotiation, audit, disallowance action, or other action Carolina. The Contractor,by signing this contract, agrees
<br /> involving this Contract has been started before expiration and submits,solely for matters concerning this Contract,to
<br /> of the five-year retention period described above, the the exclusive jurisdiction of the courts of North Carolina
<br /> records must be retained until completion of the action and and agrees, solely for such purpose, that the exclusive
<br /> resolution of all issues which arise from it,or until the end venue for any legal proceedings shall be Orange County,
<br /> of the regular five-year period described above,whichever North Carolina. The place of this contract and all
<br /> is later. The record retention period for Temporary transactions and agreements relating to it, and their situs
<br /> Assistance for Needy Families (TANF) and MEDICAID and forum,shall be Orange County,North Carolina,where
<br /> and Medical Assistance grants and programs must be al l matters,whether sounding in contract or tort,relating to
<br /> retained for a minimum of ten years. the validity,construction, interpretation,and enforcement
<br /> shall be determined.
<br /> Warranties and Certifications
<br /> Amendment: This contract may not be amended orally or
<br /> Date and Time Warranty: The Contractor warrants that by performance. Any amendment must be made in written
<br /> the product(s) and service(s) furnished pursuant to this form and executed by duly authorized representatives of
<br /> contract("product''includes,without limitation,any piece the County and the Contractor.
<br /> of equipment,hardware,firmware,middleware,custom or
<br /> commercial software,or internal components,subroutines, Severability: In the event that a court of competent
<br /> and interfaces therein)that perform any date and/or time jurisdiction holds that a provision or requirement of this
<br /> data recognition function, calculation, or sequencing will contract violates any applicable law, each such provision
<br /> support a four digit year format and will provide accurate or requirement shall continue to be enforcedto the extent it
<br /> date/time data and leap year calculations. This warranty is not in violation of law or is not otherwise unenforceable
<br /> shall survive the termination or expiration of this contract. and all other provisions and requirements of this contract
<br /> shall remain in full force and effect.
<br /> Certification Regarding Collection of Taxes: G.S. 143-
<br /> 59.1 bars the Secretary of Administration from entering Headings: The Section and Paragraph headings in these
<br /> into contracts with vendors that meet one of the conditions General Terms and Conditions are not material parts of the
<br /> of G.S. 105-164.8(b)and yet refuse to collect use taxes on agreement and should not be used to construe the meaning
<br /> sales of tangible personal property to purchasers in North thereof.
<br /> Carolina. The conditions include: (a) maintenance of a
<br /> retail establishment or office; (b) presence of Time of the Essence: Time is of the essence in the
<br /> representatives in the State that solicit sales or transact performance of this contract.
<br /> business on behalf of the vendor; and (c) systematic
<br /> exploitation of the market by media-assisted, media- Key Personnel: The Contractor shall not replace any of
<br /> facilitated, or media-solicited means. The Contractor the key personnel assigned to the performance of this
<br /> certifies that it and all of its affiliates (if any) collect all contract without the prior written approval of the County.
<br /> required taxes. The term "key personnel" includes any and all persons
<br /> identified as such in the contract documents and any other
<br /> E-Verify persons subsequently identified as key personnel by the
<br /> written agreement of the parties.
<br /> Pursuant to G.S. 143-48.5 and G.S. 147-33.95(g), the
<br /> undersigned hereby certifies that the Contractor named Care of Property: The Contractor agrees that it shall be
<br /> below,and the Contractor's subcontractors,complies with responsible for the proper custody and care of any property
<br /> the requirements of Article 2 of Chapter 64 of the NC furnished to it for use in connection with the performance
<br /> General Statutes, including the requirement for each of this contract and will reimburse the County for loss of,
<br /> employer with more than 25 employees in North Carolina or damage to, such property. At the termination of this
<br /> to verify the work authorization of its employees through contract, the Contractor shall contact the County for
<br /> the federal E-Verify system." E-Verify System Link: instructions as to the disposition of such property and shall
<br /> www.uscis.gov comply with these instructions.
<br /> General Terms and Conditions—(04114) Page 4 of 5
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