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General Terms and Conditions – (06/16) Page 3 of 5
<br />Survival of Promises: All promises, requirements,
<br />terms, conditions, provisions, representations, guarantees,
<br />and warranties contained herein shall survive the contract
<br />expiration or termination date unless specifically
<br />provided otherwise herein, or unless superseded by
<br />applicable Federal or State statutes of limitation.
<br />
<br />Intellectual Property Rights
<br />
<br />Copyrights and Ownership of Deliverables: All
<br />deliverable items produced pursuant to this contract are
<br />the exclusive property of the County. The Contractor
<br />shall not assert a claim of copyright or other property
<br />interest in such deliverables.
<br />
<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 />
<br />Compliance with Applicable Laws
<br />
<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. By
<br />executing this Agreement Provider certifies that
<br />Provider has not been identified, and has not utilized
<br />the services of any agent or subcontractor, on the list
<br />created by the State Treasurer pursuant to G.S. 147-
<br />86.58.
<br />
<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 />
<br />Equal Employment Opportunity: The Contractor shall
<br />comply with all federal and State laws relating to equal
<br />employment opportunity.
<br />
<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
<br />execute such agreements and practices as the County
<br />may require to ensure compliance.
<br />
<br />(a) Data Security: The Contractor shall adopt and
<br />apply data security standards and procedures
<br />that comply with all applicable federal, state and
<br />local laws, regulations, and rules.
<br />
<br />(b) Duty to Report: The Contractor shall report a
<br />suspected or confirmed security breach to the
<br />local Department of Social Services Contract
<br />Administrator within twenty-four (24) hours
<br />after the breach is first discovered, provided that
<br />the Contractor shall report a breach involving
<br />Social Security Administration data or Internal
<br />Revenue Service Data within one (1) hour after
<br />the breach is first discovered.
<br />
<br />(c) Cost Borne by Contractor: If any applicable
<br />federal, state, or local law, regulation or rule
<br />requires the Contractor give written notice of a
<br />security breach to affected persons, the Contract
<br />shall bear the cost of the notice.
<br />
<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 />
<br />Executive Order # 24: It is unlawful for any vendor,
<br />contractor, subcontractor or supplier of the state to make
<br />gifts or to give favors to any state employee. For
<br />additional information regarding the specific
<br />requirements and exemptions, contractors are
<br />encouraged to review Executive Order 24 and G.S. Sec.
<br />133-32.
<br />
<br />Confidentiality
<br />
<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 County. The Contractor acknowledges
<br />that in receiving, storing, processing or otherwise dealing
<br />with any confidential information it will safeguard and
<br />not further disclose the information except as otherwise
<br />provided in this contract.
<br />
<br />Oversight
<br />
<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 />DocuSign Envelope ID: D0D579E0-0C0F-4A0C-8400-CA51D8D57949
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