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GENERAL TERMS AND CONDITIONS <br />GENERAL GRANT <br />STATE FUNDS <br />• Corrective action plan for audit findings within three (3) months of the audit being <br />received by COMMERCE. <br />• Copy of the Management Letter. <br />If the GRANTEE is required to obtain a Single Audit consistent with Circular A-133 requirements, <br />a copy must be provided to COMMERCE; no other report is required. <br />10. CONFIDENTIALITYISAFEGUARDING OF INFORMATION <br />A. "Confidential Information" as used in this section includes; <br />1. All material provided to the GRANTEE by COMMERCE that is designated as "confidential" <br />by COMMERCE; <br />2. All material produced by the GRANTEE that is designated as "confidential" by COMMERCE; <br />and <br />3. All personal information in the possession of the GRANTEE that may not be disclosed under <br />state or federal law. "Personal information" includes but is not limited to information related to <br />a person's name, health, finances, education, business, use of government services, <br />addresses, telephone numbers, social security number, driver's license number and other <br />identifying numbers, and "Protected Health Information" under the federal Health Insurance <br />Portability and Accountability Act of 1996 (HIPAA). <br />B. The GRANTEE shall comply with all state and federal laws related to the use, sharing, transfer, <br />sale, or disclosure of Confidential Information. The GRANTEE shall use Confidential Information <br />solely for the purposes of this Grant and shall not use, share, transfer, sell or disclose any <br />Confidential Information to any third party except with the prior written consent of COMMERCE or <br />as may be required by law. The GRANTEE shall take all necessary steps to assure that <br />Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or <br />disclosure of Confidential Information or violation of any state or federal laws related thereto. <br />Upon request, the GRANTEE shall provide COMMERCE with its policies and procedures on <br />confidentiality. COMMERCE may require changes to such policies and procedures as they apply <br />to this Grant whenever COMMERCE reasonably determines that changes are necessary to <br />prevent unauthorized disclosures. The GRANTEE shall make the changes within the time period <br />specified by COMMERCE. Upon request, the GRANTEE shall immediately return to <br />COMMERCE any Confidential Information that COMMERCE reasonably determines has not <br />been adequately protected by the GRANTEE against unauthorized disclosure. <br />C. Unauthorized Use or Disclosure. The GRANTEE shall notify COMMERCE within five (5) working <br />days of any unauthorized use or disclosure of any confidential information, and shall take <br />necessary steps to mitigate the harmful effects of such use or disclosure. <br />11. CONFLICT OF INTEREST <br />Notwithstanding any determination by the Executive Ethics Board or other tribunal, COMMERCE <br />may, in its sole discretion, by written notice to the GRANTEE terminate this contract if it is found after <br />due notice and examination by COMMERCE that there is a violation of the Ethics in Public Service <br />Act, Chapters 42.52 RCW and 42.23 RCW; or any similar statute involving the GRANTEE in the <br />procurement of, or performance under this contract. <br />3 <br />