2017-121 Aging - Triangle J Council of Governments Area Agency on Aging for MIPPA/SHIIP Outreach

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whichever is longer. If the contract is subject to requirement of this contract violates any federal policy and regulations, record retention applicable law, each such provision or may be longer than five years since records must requirement shall continue to be enforced to the be retained for a period of three years following extent it is not in violation of law or is not submission of the final Federal Financial Status otherwise unenforceable and all other provisions Report, if applicable, or three years following the and requirements of this contract shall remain in submission of a revised final Federal Financial full force and effect. Status Report. Also, if any litigation, claim, negotiation, audit, disallowance action, or other Headings: The Section and Paragraph headings action involving this Contract has been started in these General Terms and Conditions are not before expiration of the five-year retention period material parts of the agreement and should not be described above, the records must be retained used to construe the meaning thereof. until completion of the action and resolution of all issues which arise from it, or until the end of the Time of the Essence: Time is of the essence in regular five-year period described above, the performance of this contract. whichever is later. The record retention period for Temporary Assistance for Needy Families(TANF) Key Personnel: The Contractor shall not replace and MEDICAID and Medical Assistance grants any of the key personnel assigned to the and programs must be retained for a minimum of performance of this contract without the prior ten years. written notification of the Contractor. The term "key personnel" includes any and all persons Warranties and Certifications identified by as such in the contract documents and any other persons subsequently identified as Date and Time Warranty: The Subcontractor key personnel by the written agreement of the warrants that the product(s) and service(s) parties. furnished pursuant to this contract ("product" includes, without limitation, any piece of Care of Property: The Subcontractor agrees that equipment, hardware, firmware, middleware, it shall be responsible for the proper custody and custom or commercial software, or internal care of any property furnished to it for use in components, subroutines, and interfaces therein) connection with the performance of this contract that perform any date and/or time data recognition and will reimburse the Contractor for loss of, or function, calculation, or sequencing will support a damage to, such property. At the termination of four digit year format and will provide accurate this contract, the Subcontractor shall contact the date/time data and leap year calculations. This Area Agency on Aging for instructions as to the warranty shall survive the termination or expiration disposition of such property and shall comply with of this contract. these instructions. Certification Regarding Collection of Taxes: Travel Expenses: Reimbursement to the G.S. 143-59.1 bars the Secretary of Administration Subcontractor for travel mileage, meals, lodging from entering into contracts with vendors that and other travel expenses incurred in the meet one of the conditions of G.S. 105-164.8(b) performance of this contract shall not exceed the and yet refuse to collect use taxes on sales of rates published in the applicable State rules. tangible personal property to purchasers in North International travel shall not be reimbursed under Carolina. The conditions include:(a)maintenance this contract. of a retail establishment or office; (b) presence of representatives in the State that solicit sales or Sales/Use Tax Refunds: If eligible, the transact business on behalf of the vendor;and(c) Subcontractor and all subcontractors shall:(a)ask systematic exploitation of the market by media- the North Carolina Department of Revenue for a assisted, media-facilitated, or media-solicited refund of all sales and use taxes paid by them in means. The Contractor certifies that it and all of the performance of this contract, pursuant to its affiliates (if any)collect all required taxes. G.S. 105-164.14; and (b) exclude all refundable Miscellaneous sales and use taxes from all reportable expenditures before the expenses are entered in Amendment: This contract may not be amended their reimbursement reports. orally or by performance. Any amendment must be made in written form and executed by duly Advertising: The Contractor shall not use the authorized representatives of the Contractor. award of this contract as a part of any news release or commercial advertising. Severability: In the event that a court of competent jurisdiction holds that a provision or Page 6 of 13