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war, hostile foreign action, nuclear explosion, riot, strikes,
<br />civil insurrection, earthquake, hurricane, tornado, or other
<br />catastrophic natural event or act of God.
<br />Survival of Promises: All promises, requirements, terms,
<br />conditions, provisions, representations, guarantees, and
<br />warranties contained herein shall survive the contract
<br />expiration or termination date unless specifically provided
<br />otherwise herein, or unless superseded by applicable
<br />Federal or State statutes of limitation.
<br />Intellectual Property Rights
<br />Copyrights and Ownership of Deliverables: All
<br />deliverable items produced pursuant to this contract are the
<br />exclusive property of the County. The Contractor shall not
<br />assert a claim of copyright or other property interest in
<br />such deliverables.
<br />Federal Intellectual Property Bankruptcy Protection
<br />Act: The Parties agree that the County shall be entitled to
<br />all rights and benefits of the Federal Intellectual Property
<br />Bankruptcy Protection Act, Public Law 100 -506, codified
<br />at 11 U.S.C. 365 (n) and any amendments thereto.
<br />Compliance with Applicable Laws
<br />Compliance with Laws: The Contractor shall comply
<br />with all laws, ordinances, codes, rules, regulations, and
<br />licensing requirements that are applicable to the conduct of
<br />its business, including those of federal, state, and local
<br />agencies having jurisdiction and /or authority.
<br />Title VI, Civil Rights Compliance: In accordance with
<br />Federal law and U.S. Department of Agriculture (USDA)
<br />and U.S. Department of Health and Human Services
<br />(HHS) policy, this institution is prohibited from
<br />discriminating on the basis of race, color, national origin,
<br />sex, age or disability. Under the Food Stamp Act and
<br />USDA policy, discrimination is prohibited also on the
<br />basis of religion or political beliefs.
<br />Equal Employment Opportunity: The Contractor shall
<br />comply with all federal and State laws relating to equal
<br />employment opportunity.
<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 />Portability and Accountability Act of 1996, P.L. 104 -91,
<br />as amended ( "HIPAA "), or its implementing regulations,
<br />it will comply with the HIPAA requirements and will
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<br />Contract 468 -2012
<br />CNC /Access, Inc. d/b /a ResCare HomeCare
<br />execute such agreements and practices as the County
<br />may require to ensure compliance.
<br />Trafficking Victims Protection Act of 2000 :
<br />The Contractor will comply with the requirements of
<br />Section 106(g) of the Trafficking Victims Protection Act
<br />of 2000, as amended (22 U.S.C. 7104)
<br />Confidentiality
<br />Confidentiality: Any information, data, instruments,
<br />documents, studies or reports given to or prepared or
<br />assembled by the Contractor under this agreement shall be
<br />kept as confidential and not divulged or made available to
<br />any individual or organization without the prior written
<br />approval of the County. The Contractor acknowledges that
<br />in receiving, storing, processing or otherwise dealing with
<br />any confidential information it will safeguard and not
<br />further disclose the information except as otherwise
<br />provided in this contract.
<br />Oversight
<br />Access to Persons and Records: The State Auditor shall
<br />have access to persons and records as a result of all
<br />contracts or grants entered into by State agencies or
<br />political subdivisions in accordance with General Statute
<br />147 -64.7. Additionally, as the State funding authority, the
<br />Department of Health and Human Services shall have
<br />access to persons and records as a result of all contracts or
<br />grants entered into by State agencies or political
<br />subdivisions.
<br />Record Retention: Records shall not be destroyed,
<br />purged or disposed of without the express written consent
<br />of the County. The North Carolina State basic records
<br />retention policy requires all grant records to be retained for
<br />a minimum of five years or until all audit exceptions have
<br />been resolved, whichever is longer. If the contract is
<br />subject to federal policy and regulations, record retention
<br />may be longer than five years since records must be
<br />retained for aperiod of three years following submission of
<br />the final Federal Financial Status Report, if applicable, or
<br />three years following the submission of a revised final
<br />Federal Financial Status Report. Also, if any litigation,
<br />claim, negotiation, audit, disallowance action, or other
<br />action involving this Contract has been started before
<br />expiration of the five -year retention period described
<br />above, the records must be retained until completion of the
<br />action and resolution of all issues which arise from it, or
<br />until the end of the regular five -year period described
<br />above, whichever is later.
<br />Warranties and Certifications
<br />General Terms and Conditions - 3 -28 -2013 Page 3 of 5
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