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DocuSign Envelope ID:5F2A6749-5668-4688-B470-4D344E4C961 F
<br /> 147-64 7. Additionally,as the State funding authority,the E-Verify
<br /> Department of Health and Human Services shall have
<br /> access to persons and records as a result of all contracts or Pursuant to G.S 143-48 5 and G S 147-33 95(g), the
<br /> grants entered into by State agencies or political undersigned hereby certifies that the Contractor named
<br /> subdivisions. below,and the Contractor's subcontractors,complies with
<br /> the requirements of Article 2 of Chapter 64 of the NC
<br /> Record Retention: Records shall not be destroyed, General Statutes, including the requirement for each
<br /> purged or disposed of without the express written consent employer with more than 25 employees in North Carolina
<br /> of the Division State basic records retention policy to verify the work authorization of its employees through
<br /> requires all grant records to be retained for a minimum of the federal E-Verify system" E-Verify System Link:
<br /> five years or until all audit exceptions have been resolved, www.uscis gov
<br /> whichever is longer If the contract is subject to federal
<br /> policy and regulations,record retention may be longer than Miscellaneous
<br /> five years since records must be retained for a period of
<br /> three years following submission of the final Federal Choice of Law: The validity of this contract and any of its
<br /> Financial Status Report, if' applicable, or three years terms or provisions,as well as the rights and duties ofthe
<br /> following the submission of a revised final Federal parties to this contract, are governed by the laws of North
<br /> Financial Status Report. Also, if any litigation, claim, Carolina The Contractor, by signing this contract,agrees
<br /> negotiation, audit, disallowance action, or other action and submits,solely for matters concerning this Contract,to
<br /> involving this Contract has been started before expiration the exclusive jurisdiction of the courts of North Carolina
<br /> of the five-year retention period described above, the and agrees, solely for such purpose, that the exclusive
<br /> records must be retained until completion of the action and venue for any legal proceedings shall be Orange County,
<br /> resolution of all issues which arise fiom it,or until the end North Carolina the place of this contract and all
<br /> ofthe regular five-year period described above,whichever transactions and agreements relating to it, and their sites
<br /> is later the record retention period f'or Temporary and forum,shall be Orange County,North Carolina,where
<br /> Assistance for Needy Families JANE) and MEDICAID all matters,whether sounding in contract or tort,relating to
<br /> and Medical Assistance grants and programs must be the validity,construction,interpretation,and enforcement
<br /> retained for a minimum of ten years shall be determined.
<br /> War-r anties and Certifications Amendment: This contract may not be amended orally or
<br /> by performance Any amendment must be made in written
<br /> Date and Time Warranty: the Contractor warrants that form and executed by duly authorized representatives of
<br /> the products) and service(s) furnished pursuant to this the County and the Contractor
<br /> contract("product"includes,without limitation,any piece
<br /> of equipment,hardware,firmware,middleware,custom or Severability: In the event that a court of competent
<br /> commercial software,or internal components,subroutines, jurisdiction holds that a provision or requirement of this
<br /> and interfaces therein) that perform any date and/or time contract violates any applicable law, each such provision
<br /> data recognition function, calculation,or sequencing will or requirement shall continue to be enforced to the extent it
<br /> support a four digit year format and will provide accurate is not in violation of law or is not otherwise unenforceable
<br /> date/time data and leap year calculations This warranty and all other provisions and requirements of this contract
<br /> shall survive the termination or expiration ofthis contract shall remain in full force and effect.
<br /> Certification Regarding Collection of Iaxes: GS 143- Headings: The Section and Paragraph headings in these
<br /> 59.1 bars the Secretary of Administration fiom entering General T erms and Conditions are not material parts ofthe
<br /> into contracts with vendors that meet one ofthe conditions agreement and should not be used to construe the meaning
<br /> cf G.S 105-164.8(b)and yet refuse to collect use taxes on thereof.
<br /> sales of tangible personal property to purchasers in North
<br /> Carolina The conditions include: (a) maintenance of a Time of the Essence: Time is of the essence in the
<br /> retail establishment or office; (b) presence of performance of this contract
<br /> representatives in the State that solicit sales or transact
<br /> business on behalf' of the vendor; and (c) systematic Key Personnel: The Contractor shall not replace any of
<br /> exploitation of the market by media-assisted, media- the key personnel assigned to the performance of this
<br /> facilitated, or media-solicited means The Contractor contract without the prior written approval of the County
<br /> certifies that it and all of its affiliates (if any) collect all the term "key personnel" includes any and all persons
<br /> required taxes identified as such in the contract documents and any other
<br /> General Ierms and Conditions—(06115) Page 4 of 5
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