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IP
<br /> Contract#68-2012
<br /> CNC/Access,Inc.d/b/a ResCare HomeCare
<br /> war,hostile foreign action,nuclear explosion,riot,strikes,
<br /> civil insurrection,earthquake,hurricane,tornado,or other Confidentiality
<br /> catastrophic natural event or act of God.
<br /> Confidentiality: Any information, data, instruments,
<br /> Survival of Promises: All promises,requirements,terms, documents, studies or reports given to or prepared or
<br /> conditions, provisions, representations, guarantees, and assembled by the Contractor under this agreement shall be
<br /> warranties contained herein shall survive the contract kept as confidential and not divulged or made available to
<br /> expiration or termination date unless specifically provided any individual or organization without the prior written
<br /> otherwise herein, or unless superseded by applicable approval of the County.The Contractor acknowledges that
<br /> Federal or State statutes of limitation. in receiving,storing,processing or otherwise dealing with
<br /> any confidential information it will safeguard and not
<br /> Intellectual Property Rights further disclose the information except as otherwise
<br /> provided in this contract.
<br /> Copyrights and Ownership of Deliverables: All
<br /> deliverable items produced pursuant to this contract are the Oversight
<br /> exclusive property of the County. The Contractor shall not
<br /> assert a claim of copyright or other property interest in Access to Persons and Records: The State Auditor shall
<br /> such deliverables. have access to persons and records as a result of all
<br /> contracts or grants entered into by State agencies or
<br /> Federal Intellectual Property Bankruptcy Protection political subdivisions in accordance with General Statute
<br /> Act: The Parties agree that the County shall be entitled to 147-64.7. Additionally,as the State funding authority,the
<br /> all rights and benefits of the Federal Intellectual Property Department of Health and Human Services shall have
<br /> Bankruptcy Protection Act,Public Law 100-506,codified access to persons and records as a result of all contracts or
<br /> at 11 U.S.C. 365 (n)and any amendments thereto. grants entered into by State agencies or political
<br /> subdivisions.
<br /> Compliance with Applicable Laws
<br /> Record Retention:Records shall not be destroyed,purged
<br /> Compliance with Laws: The Contractor shall comply or disposed of without the express written consent of the
<br /> with all laws, ordinances, codes, rules, regulations, and County. The Department of Health and Human Services'
<br /> licensing requirements that are applicable to the conduct of basic records retention policy requires all records to be
<br /> its business, including those of federal, state, and local retained for a minimum of three years following
<br /> agencies having jurisdiction and/or authority. completion or termination of the contract. If the contract is
<br /> subject to Federal policy and regulations,record retention
<br /> Title VI,Civil Rights Compliance: In accordance with will normally be longer than three years since records must
<br /> Federal law and U.S. Department of Agriculture(USDA) be retained for a period of three years following
<br /> and U.S. Department of Health and Human Services submission of the final Federal Financial Status Report,if
<br /> (HHS) policy, this institution is prohibited from applicable, or three years following the submission of a
<br /> discriminating on the basis of race,color,national origin, revised final Federal Financial Status Report. Also,if any
<br /> sex, age or disability. Under the Food Stamp Act and litigation,claim,negotiation,audit,disallowance action,or
<br /> USDA policy, discrimination is prohibited also on the other action involving this contract has been started before
<br /> basis of religion or political beliefs. expiration of the three year retention period described
<br /> above,the records must be retained until completion of the
<br /> Equal Employment Opportunity: The Contractor shall action and resolution of all issues which arise from it, or
<br /> comply with all federal and State laws relating to equal until the end of the regular three year period described
<br /> employment opportunity. 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 Warranties and Certifications
<br /> Portability and Accountability Act of 1996,P.L. 104-91,
<br /> as amended("HIPAA"),or its implementing regulations, Date and Time Warranty: The Contractor warrants that
<br /> it will comply with the HIPAA requirements and will the product(s) and service(s) furnished pursuant to this
<br /> execute such agreements and practices as the County contract("product"includes,without limitation,any piece
<br /> may require to ensure compliance. of equipment,hardware,firmware,middleware,custom or
<br /> General Terms and Conditions—(07/10) Page 3 of 5
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