Orange County NC Website
12. Protect the privacy and security of information obtained in connection with the program and restrict, as <br />required by applicable privacy and security law and regultrtions, the use or disclosure of information <br />obtained in connection with the administration of the program to ]awful purposes directly connected with <br />the provision and administration of the program. <br />1.3. Furnish, as requested, information to the Department, to the fullest extent permitted by applicable privacy <br />and security laws and regulations, to support the performance of activities pursuant to this contract and <br />the full cost of activities; and submit changes, as needed or required, in the contract or any materials <br />included in this conhact or approved supporting information for review and approval by the Department; <br />and <br />14. Take the necessary steps for' corrective action, as negotiated within a corrective action plan, for any items <br />found to be out of compliance with Federal, State, and County laws, regulations, standards and/or'terms <br />of this contract. <br />SECTION III: Access to Records <br />All fiscal and program records are to be retained for three yeazs after final payment or un61 all audits <br />continued beyond this period are completed. These records, to the fullest extent permitted by applicable <br />privacy and security laws and regulations, be subject to at all reasonable times to inspection, review or' audit <br />by duly authorized County, State and Federal officials. <br />SECTION IV: Liabilities and Legal Obligations <br />The Provider and the Department shall be liable for the act of omissions of their respective employees in the <br />performance or service covered under khe terms of this contract to the extent permitted by applicable law. The <br />foregoing shall not be deemed as a waiver of governmental immunity by the Department or by Orange <br />County. <br />The Provider is and shall be deemed to be an independent confractor in the performance of this contract and <br />agrees to indemnity and save harmless the Departrnent against any claims of third parties arising out of any <br />act of omission of the Provider, its agents employees and subcontractors in the performance of tlus contract. <br />SECTION V: Subcontracting <br />The Provider shall not subcontract any of the work contemplated under' this contract without obtaining <br />PRIOR WRITTEN APPROVAL from the Department. Any approved subcontract shall to all conditions of <br />this contract. The Provider shall be responsible for the performance of any subcontractor, <br />SECTION VI: Right to Data <br />To the fullest extent permitted by applicable privacy and security laws and regulations, (1) the Department <br />Wray duplicate, use and disclose all data delivered under this contract, (2) the Provider may copyright data <br />generated as a result of the contract; however, this data shall not be marked for profit by the Provider, (3) the <br />Provider grants to the Depaztment a royalty fee, non-exclusive, irrevocable license to publish, translate, <br />reproduce, deliver, perform and dispose of all data now or hereafter covered by such copyright and with <br />respect to data not originated in the performance of this confract, the above license shall be only to the extent <br />that the Provider has the right to grant such license without becoming liable to pay compensation to others <br />because contract shall acknowledge the support provided by the Department. <br />SECTION VII: Conflict of Interest <br />The Provider expressly states that he presently has no interest and shall not acquire any interest, direct or <br />indirect, which would conflict, in any manner or degree with the performance of service required to be <br />performed under this contract. The Provider further agrees to notify the Department in writing of any <br />instance that might have the appearance of a conflict of interest. Upon execution of this contract and prior to <br />disbursement of funds, the Provider shall submit to the Department a notarized copy of the Provider's policy <br />addressing conflict of interest in accordance with the North Carolina law; <br />SECTION VIII: Treatment of Assets <br />Provider shall supply, at its sole expense, all equipment, tools, materials, and/or supplies required to provide <br />the services hereunder, unless otherwise agreed in writing. <br />