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<br /> Contract#68-2005
<br /> Arcadia Health Services,Inc.
<br /> Portability and Accountability Act of 1996,P.L. 104-91,
<br /> Force Majeure: Neither party shall be deemed to be in as amended("HIPAA"),or its implementing regulations,
<br /> default of its obligations hereunder if and so long as it is it will comply with the HIPAA requirements and will
<br /> prevented from performing such obligations by any act of execute such agreements and practices as the County
<br /> war,hostile foreign action,nuclear explosion,riot,strikes, may require to ensure compliance.
<br /> civil insurrection,earthquake,hurricane,tornado,or other
<br /> catastrophic natural event or act of God. Confidentiality
<br /> Survival of Promises: All promises,requirements,terms, Confidentiality: Any information, data, instruments,
<br /> conditions, provisions, representations, guarantees, and documents, studies or reports given to or prepared or
<br /> warranties contained herein shall survive the contract assembled by the Contractor under this agreement shall be
<br /> expiration or termination date unless specifically provided kept as confidential and not divulged or made available to
<br /> otherwise herein, or unless superseded by applicable any individual or organization without the prior written
<br /> Federal or State statutes of limitation. approval of the County.The Contractor acknowledges that
<br /> in receiving,storing,processing or otherwise dealing with
<br /> Intellectual Property Rights any confidential information it will.safeguard and not
<br /> fin-ther disclose the information except as otherwise
<br /> Copyrights and Ownership of Deliverables: All provided in this contract.
<br /> deliverable items produced pursuant to this contract are the
<br /> exclusive property of the County. The Contractor shall not Oversight
<br /> assert a claim of copyright or other property interest in
<br /> such deliverables. Access to Persons and Records:The State Auditor shall
<br /> have access to persons and records as a result of all
<br /> Federal Intellectual Property Bankruptcy Protection contracts or grants entered into by State agencies or
<br /> Act:The Parties agree that the County shall be entitled to political subdivisions in accordance with General Statute
<br /> all rights and benefits of the Federal Intellectual Property 147-64.7. Additionally,as the State funding authority,the
<br /> Bankruptcy Protection Act,Public Law 100-506,codified Department of Health and Human Services shall have
<br /> at 11 U.S.C.365(n)and any amendments thereto. access to persons and records as a result of all contracts or
<br /> grants entered into by State agencies or political
<br /> Compliance with Applicable Laws subdivisions.
<br /> Compliance with Laws: The Contractor shall comply Record Retention:Records shall not be destroyed,purged
<br /> with all laws, ordinances, codes, rules, regulations, and or disposed of without the express written consent of the
<br /> licensing requirements that are applicable to the conduct of County. The Department of Health and Human Services'
<br /> its business, including those of federal, state, and local basic records retention policy requires all records to be
<br /> agencies having jurisdiction and/or authority. retained for a minimum of three years following
<br /> completion or termination of the contract. If the contract is
<br /> Title VI,Civil Rights Compliance: In accordance with subject to Federal policy and regulations,record retention
<br /> Federal law and U.S.Department of Agriculture(USDA) will normally be longer than three years since records must
<br /> and U.S. Department of Health and Human Services be retained for a period of three years following
<br /> (HHS) policy, this institution is prohibited from submission of the final Federal Financial Status Report,if
<br /> discriminating on the basis of race,color,national origin, applicable, or three years following the submission of a
<br /> sex, age or disability. Under the Food Stamp Act and revised final Federal Financial Status Report. Also,if any
<br /> USDA policy, discrimination is prohibited also on the litigation,claim,negotiation,audit,disallowance action,or
<br /> basis of religion or political beliefs. other action involving this contract has been started before
<br /> expiration of the three year retention period described
<br /> Equal Employment Opportunity: The Contractor shall above,the records must be retained until completion ofthe
<br /> comply with all federal and State laws relating to equal action and resolution of all issues which arise from it, or
<br /> employment opportunity. until the end of the regular three year period described
<br /> above,whichever is later.
<br /> Health Insurance Portability and Accountability Act
<br /> (HIPAA): The Contractor agrees that if the County
<br /> determines that some or all of the activities within the
<br /> scope of this contract are subject to the Health Insurance
<br /> General Terms and Conditions—(07/10) Page 3 of 5
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