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 otherwise herein, or unless superseded by applicable Confidentiality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