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<br /> ( itract Number 00029953/ Page 7 of 33
<br /> strikes, civil insurrection, earthquake, hurricane, tornado,
<br /> or other catastrophic natural event or act of God. For additional information regarding the specific
<br /> requirements and exemptions, vendors and contractors
<br /> Survival of Promises: All promises, requirements, are encouraged to review Governor Perdue's October 1,
<br /> terms, conditions, provisions, representations, 2009 Executive Order 24 and G.S. Sec. 133-32.
<br /> guarantees, and warranties contained herein shall
<br /> survive the contract expiration or termination date unless To find Governor Perdue's October 1, 2009 Executive
<br /> specifically provided otherwise herein, or unless Order 24:
<br /> superseded by applicable Federal or State statutes of
<br /> limitation. Go to http://www.governor.state.nc.us/;
<br /> • Click on"Newsroom";
<br /> Intellectual Property Rights Click on"Executive Orders and Proclamations";
<br /> • Scroll down and click on the words "click here" in
<br /> Copyrights and Ownership of Dellverables: All the sentence that states, "To view previous
<br /> deliverable items produced pursuant to this contract are Executive Orders, please click here;"and
<br /> the exclusive property of the Division. The Contractor Scroll down and click on "EO 24: Gift Ban."
<br /> shall not assert a claim of copyright or other property
<br /> interest in such deliverables.
<br /> Confidentiality
<br /> Compliance with Applicable Laws
<br /> Confidentiality: Any information, data, instruments,
<br /> Compliance with Laws: The Contractor shall comply documents, studies or reports given to or prepared or
<br /> with all laws, ordinances, codes, rules, regulations, and assembled by the Contractor under this agreement shall
<br /> licensing requirements that are applicable to the conduct be kept as confidential and not divulged or made
<br /> of its business, including those of federal, state, and available to any individual or organization without the
<br /> local agencies having jurisdiction and/or authority. prior written approval of the Division. The Contractor
<br /> acknowledges that in receiving, storing, processing or
<br /> Equal Employment Opportunity: The Contractor shall otherwise dealing with any confidential information it will
<br /> comply with all federal and State laws relating to equal safeguard and not further disclose the information
<br /> employment opportunity. except as otherwise provided in this contract.
<br /> Oversight
<br /> Health Insurance Portability and Accountability Act
<br /> (HIPAA): The Contractor agrees that, if the Division Access to Persons and Records: The State Auditor
<br /> determines that some or all of the activities within the shall have access to persons and records as a result of
<br /> scope of this contract are subject to the Health all contracts or grants entered into by State agencies or
<br /> Insurance Portability and Accountability Act of 1996, P.L. political subdivisions in accordance with General Statute
<br /> 104-91, as amended ("HIPAX), or its implementing 147-64.7. Additionally, as the State funding authority,
<br /> regulations, it will comply with the HIPAA requirements the Department of Health and Human Services shall
<br /> and will execute such agreements and practices as the have access to persons and records as a result of all
<br /> Division may require to ensure compliance. contracts or grants entered into by State agencies or
<br /> political subdivisions.
<br /> Executive Order#24: By Executive Order 24, issued
<br /> by Governor Perdue on October 1, 2009, and N.C. G.S.§ Record Retention: Records shall not be destroyed,
<br /> 133-32, it is unlawful for any vendor or contractor( i.e. purged or disposed of without the express written
<br /> architect, bidder, contractor, construction manager, consent of the Division. State basic records retention
<br /> design professional, engineer, landlord, offeror, seller, policy requires all grant records to be retained for a
<br /> subcontractor, supplier, or vendor), to make gifts or to minimum of five years or until all audit exceptions have
<br /> give favors to any State employee of the Governor's been resolved, whichever is longer. If the contract is
<br /> Cabinet Agencies(i.e., Administration, Commerce, subject to Federal policy and regulations, record
<br /> Correction, Crime Control and Public Safety, Cultural retention may be longer than five years. Records must
<br /> Resources, Environment and Natural Resources, Health be retained for a period of three years following
<br /> and Human Services, Juvenile Justice and Delinquency submission of the final Federal Financial Status Report,
<br /> Prevention, Revenue, Transportation, and the Office of if applicable, or three years following the submission of a
<br /> the Governor). This prohibition covers those vendors revised final Federal Financial Status Report. Also, if
<br /> and contractors who: any litigation, claim, negotiation, audit, disallowance
<br /> action, or other action involving this Contract has been
<br /> (1) have a contract with a governmental agency; or started before expiration of the five-year retention period
<br /> (2) have performed under such a contract within the described above, the records must be retained until
<br /> past year; or completion of the action and resolution of all issues
<br /> (3) anticipate bidding on such a contract in the which arise from it, or until the end of the regular five-
<br /> future. year period described above, whichever is later. The
<br /> NCDHHS TC1010 (General Terms and Conditions) (Local Government) (Rev. 10.15.13)
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