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AG 2007 06 18
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AG 2007 06 18
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Last modified
9/26/2007 2:40:23 PM
Creation date
11/27/2017 11:30:53 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
9/26/2007
Board
Board of Commissioners
Meeting Type
Regular
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ATTACHMENT A <br />GENERAL TERMS AND CONDITIONS <br />Relationships of the Parties <br />Subcontracting: TheConuactorshallnotsubcontractany <br />ofthe work contemplated under this contract without prior <br />written approval fran the Division. Any approved <br />subcontract shall be subject to all conditions of this <br />contract The Connractor shall be responsible for the <br />performance of all of its subcontractors. <br />Beneficiaries: Except as herein specifically provided <br />otherwise, this contract shall inure to the benefit of and be <br />binding upon the parties hereto and their respective <br />successors. It is expressly understood and agreed that the <br />enforcement of the teens and conditions of this contract, <br />and all rights of action relating to such enforcement, shall <br />be strictly reserved to the Division and the named <br />Cattractor. Nothing contained in this document shall give <br />or allow any claim or right of action whatsoever by any <br />other third person. It is the express intention of the <br />Division and Contractor that any such person or entity, <br />other than the Division or the Contractor, receiving <br />services or benefits under this contract shall be deemed an <br />incidental beneficiary only. <br />Termination <br />Confidentiality <br />Confidentiality: Any medical records, personnel <br />information a' other items exempt from the NC Public <br />Records Act or otherwise protected bylaw from disclosure <br />given to the Contractor under this cauract shall be kept <br />confidential and not divulged or made available to any <br />individual or organization without the prior written <br />approval of the Division. <br />Oversight <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 />access to persons and records as a result of all contracts or <br />grants entered into by State agencies or political <br />subdivisions. <br />Termination: The Division may terminate this contract <br />without cause by giving 30 clays written notice to the <br />Conh•actor. In that event, all finished or unfinished <br />deliverable items prepared by the Contractor under this <br />contract shall, at the option of the Division, become its <br />property and the Contractor shall be entitled to receive just <br />and equitable compensation for any satisfactory work <br />completed on such materials, minus any payment or <br />compensation previously made. <br />Availability of )?ands: The parties to this conh•act agree <br />and understand that the payment of the sums specified in <br />this contract is dependant and contingent upon and subject <br />to the appropriation, allocation, and availability of funds <br />for this purpose to the Division. <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, <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 Division <br />may require to ensure compliance. <br />DHHS (General Terms and Conditions) (Local Government) (03/07) <br />Record Retention: Records shall not be destroyed, <br />purged or disposed of without the express written consent <br />of the Division. The Department of Health and Human <br />Services' basic records retention policy requires all records <br />to be retained for a minimum of three years following <br />completion a'termination ofthe contract. Ifthe contract is <br />subject to Federal policy and regulations, record retention <br />will na•mally be longer than three years since records must <br />be retained fora period of three years following <br />submission ofthe final Federal Financial Status Report, if <br />applicable, or three years following the submission of a <br />revised final Federal Financial Status Report. Also, ifany <br />litigation, claim, negotiation, audit, disallowance action, or <br />other action involvingthis contract has been started before <br />expiration of the three year retention period described <br />above, the records must be retained until completion ofthe <br />action and resolution of all issues which arise from it, or <br />until the end of the regular three year period described <br />above, whichever is later. <br />Miscellaneous <br />Amendment: This contract may not be amended orally or <br />by perfornance. Any aarendment must be made in written <br />form and executed by duly authorized representatives of <br />the Division and the Contractor. The Purchase and <br />x=21 <br />
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