Orange County NC Website
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provided otherwise herein, or unless superseded by 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: 4D4C41ED-9F19-4257-801C-59178B514BD4