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BK -00028 PG -0453
<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 />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 basis
<br />of religion or political beliefs.
<br />Equal Employment Opportunity: The Contractorshall
<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 />(a) Data Security: The Contractor shall adopt and
<br />apply data security standards and procedures
<br />that comply with all applicable federal, state,
<br />and local laws, regulations, and rules.
<br />(b) Duty to Report: The Contractor shall report a
<br />suspected or confirmed security breach to the
<br />local Department of Social Services/Human
<br />Services Contract Administrator within twenty-
<br />four (24) hours after the breach is first
<br />discovered, provided that the Contractor shall .
<br />report a breach involving Social Security
<br />Administration data or Internal Revenue Service
<br />data within one (1) hour after the breach is first
<br />discovered.
<br />(c) Cost Borne by Contractor: If any applicable
<br />federal, state, or local law, regulation, or rule
<br />requires the Contractor to give written notice of
<br />a security breach to affected persons, the
<br />Contractor shall bear the cost of the notice.
<br />General Terms and Conditions rev 06-07-2015
<br />Contract #
<br />(Contractor)
<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 />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 />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 fora 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.
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