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BK:00026 PG - 0287
<br />Contract #2/14 -1 /15
<br />Fleming Transportation, Inc.
<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 County. The Contractor shall
<br />not assert a claim of copyright or other property interest in
<br />such deliverables.
<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 />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 />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 that
<br />in receiving, storing, processing or otherwise dealing with
<br />any confidential information it will safeguard and not
<br />further disclose the information except as otherwise
<br />provided in this contract.
<br />Oversight
<br />Access to Persons and Records: The State Auditor
<br />shall 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 />access to persons and records as a result of all contracts
<br />or grants entered into by State agencies or political
<br />subdivisions.
<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 basis
<br />of religion or political beliefs.
<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 County
<br />determines that some or all of the activities within the
<br />scope of this contract are subject to the Health
<br />Insurance Portability and Accountability Act of 1996,
<br />P.L. 104 -91, as amended ( "HIPAA "), or its implementing
<br />regulations, it will comply with the HIPAA requirements
<br />and will execute such agreements and practices as the
<br />County may require to ensure compliance.
<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 />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 requirements
<br />and exemptions, contractors are encouraged to review
<br />Executive Order 24 and G.S. Sec. 133 -32.
<br />Confidentiality
<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 since records must be retained for a period
<br />of 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 />Warranties and Certifications
<br />Date and Time Warranty: The Contractor warrants that
<br />the product(s) and service(s) furnished pursuant to this
<br />contract ( "product' includes, without limitation, any piece
<br />of equipment, hardware, firmware, middleware, custom or
<br />commercial software, or internal components,
<br />subroutines, and interfaces therein) that perform any date
<br />and /or time data recognition function, calculation, or
<br />sequencing will support a four digit year format and will
<br />provide accurate date /time data and leap year
<br />General Terms and Conditions rev 7 -1 -2013 Page 3 of 4
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