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DOH Contract GVL26649-0 Page 4 of 27
<br />Revision October 2021
<br />A. Temporarily withhold cash payments pending correction of the deficiency by the non-Federal entity or
<br />more severe enforcement action by the Federal awarding agency or pass-through entity.
<br />B. Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost
<br />of the activity or action not in compliance.
<br />C. Wholly or partly suspend or terminate the Federal award.
<br />D. Initiate suspension or debarment proceedings as authorized under 2 CFR part 180 and Federal awarding
<br />agency regulations (or in the case of a pass-through entity, recommend such a proceeding be initiated
<br />by a Federal awarding agency).
<br />E. Withhold further Federal awards for the project or program.
<br />F. Take other remedies that may be legally available.
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<br />PRIVACY: Personal information collected, used or acquired in connection with this Agreement shall be
<br />used solely for the purposes of this Agreement. Contractor and its subcontractors agree not to release,
<br />divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information
<br />without the express written consent of the agency or as provided by law. Contractor agrees to implement
<br />physical, electronic and managerial safeguards to prevent unauthorized access to personal information.
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<br />DOH reserves the right to monitor, audit or investigate the use of personal information collected, used or
<br />acquired by the Contractor through this Agreement. The monitoring, auditing, or investigating may include
<br />but is not limited to "salting" by DOH. Contractor shall certify the return or destruction of all personal
<br />information upon expiration of this Agreement. Salting is the act of placing a record containing unique but
<br />false information in a database that can be used later to identify inappropriate disclosure of data contained
<br />in the database.
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<br />Any breach of this provision may result in termination of the Agreement and the demand for return of all
<br />personal information. The contractor agrees to indemnify and hold harmless DOH for any damages related
<br />to the Contractor's unauthorized use of personal information.
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<br />RECORDS MAINTENANCE: The parties to this Agreement shall each maintain books, records,
<br />documents and other evidence which sufficiently and properly reflect all direct and indirect costs expended
<br />by either party in the performance of the ser vices described herein. These records shall be subject to
<br />inspection, review or audit by personnel of both parties, other personnel duly authorized by either party,
<br />the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents,
<br />and other material relevant to this Agreement will be retained for six years after expiration and the Office
<br />of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access
<br />and the right to examine any of these materials during this period.
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<br />Records and other documents, in any medium, furnished by one party to this Agreement to the other party,
<br />will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not
<br />disclose or make available this material to any third parties without first giving notice to the furnishing
<br />party and giving it a reasonable opportunity to respond. Each party will utilize reasonable security
<br />procedures and protections to assure that records and documents provided by the other party are not
<br />erroneously disclosed to third parties.
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<br />RIGHTS IN DATA: Unless otherwise provided, data, which originates from this Agreement shall be
<br />"works for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by DOH. Data shall
<br />include, but not be limited to, reports, documents, pamphlets, advertisements, books magazines, surveys,
<br />studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to
<br />copyright, patent, register, and the ability to transfer these rights.
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<br />RISK ASSESSMENT: Shall mean (2 CFR 200.331(b)) DOH is required to evaluate each subrecipient's
<br />risk of noncompliance with Federal statutes, regulations, and the terms and conditions of the subaward for
<br />purposes of determining the appropriate subrecipient monitoring described in paragraphs (d) and (e) of this
<br />section, which may include consideration of such factors as:
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