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19 <br />�� ; UNC <br />SCHQOI OF GOVERNMENT <br />5. If in electronic form, is the form valid / if an electronic signature is used, is it in proper form? <br />✓ Most forms of electronic transactions are valid if the parties agree (Uniform <br />Electronic Transactions Act (Article 40, Chapter 66) <br />✓ Electronic signatures defined and authorized, and procedural requirements for use <br />(Article 11A, Chapter 66) <br />6. Are all terms and conditions (T&C) current and in compliance with state law? <br />✓ Construction indemnity agreements — prohibits a party from insulating itself from its <br />own negligence (G.S. 2213-1) <br />✓ Real property improvement dispute venue — prohibits making a contract subject to <br />the laws of another state or setting exclusive venue in other state (G.S. 2213-2) <br />✓ Forum selection — prohibits requiring prosecution of an action or arbitration of a <br />dispute in another state (G.S. 2213-3) <br />✓ Jury trial waiver — prohibits requiring a party to waive its right to a jury trial (does <br />not prohibit mutually agreed to mediation, arbitration, or other alternative dispute <br />resolution processes) (G.S. 2213-10) <br />✓ Constitutional limitations on local government indemnifying obligations of other <br />parties (incurring debt) (N.C. Const. Art. V, Sec. 4) <br />✓ Organized Labor Restrictions — prohibits discriminating against a bidder or <br />contractor for adhering or not adhering to an organized labor agreement (G.S. 143- <br />133.5) <br />✓ Employment-related restrictions — prohibits cities and counties from imposing <br />employment related restrictions, such as minimum wage or paid sick leave, on <br />bidders and contractors if the city or county does not have the legal authority to <br />impose the restriction on all private employers in its jurisdiction (G.S. 153A -449(a) <br />for counties; G.S. 160A -20.1(a) for cities) <br />✓ E -Verify — Contractors and subcontractors are comply with the state's E -Verify hiring <br />requirement (G.S. 143-133.3) <br />7. Does the contract include a preaudit certificate? (G.S. 159-28) <br />✓ Preaudit certification required for all public contracts obligating public funds to <br />ensure that sufficient funds are available and unencumbered (G.S. 159-28(a)) <br />✓ Preaudit certificate must be affixed to all contracts that are required to be in writing <br />(see #2 above); certificate must be signed by Finance Officer or Deputy Finance <br />Officer; contract not containing a valid preaudit certificate is void by operation of <br />statute. <br />✓ Some question about preaudit certificate requirement if fiscal obligation is in future <br />year (Meyers v. Town of Plymouth, 135 N.C. App. 707522 S.E.2d 122 (1999)); safest <br />course is to always include preaudit certificate (violation can result in personal <br />liability for employee or officer disbursing funds) <br />Norma Houston <br />Page 2 <br />UNC School of Government <br />