2005 S DSS - Orange Person Chatham Mental Health Center

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12. Protect the privacy and security of information obtained in connection with the program and restrict, as required by applicable privacy and security law and regulations, the use or disclosure of information obtained in connection with the administration of the program to lawful purposes directly connected with the provision and administration of the program. 13. Furnish, as requested, information to the Department, to the fullest extent permitted by applicable privacy and security laws and regulations, to support the performance of activities pursuant to this contract and the full cost of activities; and submit changes, as needed or required, in the contract or any materials included in this contract or approved supporting information for review and approval by the Department; and 14. Take the necessary steps for corrective action, as negotiated within a corrective action plan, for any items found to be out of compliance with Federal, State, and County laws, regulations, standards and/or terms of this contract. SECTION III: Access to Records All fiscal and program records are to be retained for three years after final payment or until all audits continued beyond this period are completed. These records, to the fullest extent permitted by applicable privacy and security laws and regulations, be subject to at all reasonable times to inspection, review or audit by duly authorized County, State and Federal officials. SECTION IV: Liabilities and Legal Obligations The Provider and the Department shall be liable for the act of omissions of their respective employees in the performance or service covered under the terms of this contract to the extent permitted by applicable law. The foregoing shall not be deemed as a waiver of governmental immunity by the Department or by Orange County. The Provider is and shall be deemed to be an independent contractor in the performance of this contract and agrees to indemnity and save harmless the Department against any claims of third parties arising out of any act of omission of the Provider, its agents employees and subcontractors in the performance of this contract. SECTION V: Subcontracting The Provider shall not subcontract any of the work contemplated under this contract without obtaining PRIOR WRITTEN APPROVAL from the Department. Any approved subcontract shall to all conditions of this contract. The Provider shall be responsible for the performance of any subcontractor. SECTION VI: Right to Data To the fullest extent permitted by applicable privacy and security laws and regulations, (1) the Department may duplicate, use and disclose all data delivered under this contract, (2) the Provider may copyright data generated as a result of the contract; however, this data shall not be marked for profit by the Provider, (3) the Provider grants to the Department a royalty fee, non-exclusive, irrevocable license to publish, translate, reproduce, deliver, perform and dispose of all data now or hereafter covered by such copyright and with respect to data not originated in the performance of this contract, the above license shall be only to the extent that the Provider has the right to grant such license without becoming liable to pay compensation to others because contract shall acknowledge the support provided by the Department. SECTION VII: Conflict of Interest The Provider expressly states that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict, in any manner or degree with the performance of service required to be performed under this contract. The Provider further agrees to notify the Department in writing of any instance that might have the appearance of a conflict of interest. Upon execution of this contract and prior to disbursement of funds, the Provider shall submit to the Department a notarized copy of the Provider's policy addressing conflict of interest in accordance with the North Carolina law. SECTION VIII: Treatment of Assets Provider shall supply, at its sole expense, all equipment, tools, materials, and/or supplies required to provide the services hereunder, unless otherwise agreed in writing.