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NCDHHS TC1010 (General Terms and Conditions) (Local Government) (Rev. 11.01.15)
<br />guarantees, and warranties contained herein shall survive
<br />the contract expiration or termination date unless
<br />specifically provided otherwise herein, or unless
<br />superseded by applicable Federal or State statutes of
<br />limitation.
<br />Intellectual Property Rights
<br />Copyrights and Ownership of Deliverables: All
<br />deliverable items produced pursuant to this contract are
<br />the exclusive property of the Division. The Contractor
<br />shall not assert a claim of copyright or other property
<br />interest in such deliverables.
<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
<br />of its business, including those of federal, state, and local
<br />agencies having jurisdiction and/or authority.
<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 Division
<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, as
<br />amended (“HIPAA”), or its implementing regulations, it will
<br />comply with the HIPAA requirements and will execute
<br />such agreements and practices as the Division may
<br />require to ensure compliance.
<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
<br />be kept as confidential and not divulged or made available
<br />to any individual or organization without the prior written
<br />approval of the Division. The Contractor acknowledges
<br />that in receiving, storing, processing or otherwise dealing
<br />with any confidential information it will safeguard and not
<br />further disclose the information except as otherwise
<br />provided in this contract.
<br />Data Security: The Contractor shall adopt and apply data
<br />security standards and procedures that comply with all
<br />applicable federal, state, and local laws, regulations, and
<br />rules.
<br />Duty to Report: The Contractor shall report a suspected
<br />or confirmed security breach to the Division’s Contract
<br />Administrator within twenty-four (24) hours after the
<br />breach is first discovered, provided that the Contractor
<br />shall report a breach involving Social Security
<br />Administration data or Internal Revenue Service data
<br />within one (1) hour after the breach is first discovered.
<br />During the performance of this contract, the contractor is
<br />to notify the Division contract administrator of any contact
<br />by the federal Office for Civil Rights (OCR) received by
<br />the contractor.
<br />Cost Borne by Contractor: If any applicable federal,
<br />state, or local law, regulation, or rule requires the Division
<br />or the Contractor to give affected persons written notice
<br />of a security breach arising out of the Contractor’s
<br />performance under this contract, the Contractor shall bear
<br />the cost of the notice.
<br />Oversight
<br />Access to Persons and Records: The State Auditor
<br />shall have access to persons and records as a result of
<br />all 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
<br />or 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 Division. State basic records retention policy
<br />requires all grant records to be retained for a minimum of
<br />five years or until all audit exceptions have been resolved,
<br />whichever is longer. If the contract is subject to Federal
<br />policy and regulations, record retention may be longer
<br />than five years. Records must be retained for a period of
<br />three years following submission of the final Federal
<br />Financial Status Report, if applicable, or three years
<br />following the submission of a revised final Federal
<br />Financial Status Report. Also, if any litigation, claim,
<br />negotiation, audit, disallowance action, or other action
<br />involving this Contract has been started before expiration
<br />of the five-year retention period described above, the
<br />records must be retained until completion of the action
<br />and resolution of all issues which arise from it, or until the
<br />end of the regular five-year period described above,
<br />whichever is later. The record retention period for
<br />Temporary Assistance for Needy Families (TANF) and
<br />MEDICAID and Medical Assistance grants and programs
<br />must be retained for a minimum of ten years.
<br />Contract Number 00045595 / Page 8 of 27
<br />DocuSign Envelope ID: 38483A0E-2707-4763-8263-42C2F7C43A91
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