Additional Vendor Responsibilities. Vendor acknowledges that under Education Law Section 2-d and related regulations it has the following obligations with respect to any Protected Information, and any
a. Vendor shall limit internal access to Protected Information to those individuals and Assignees or subcontractors that need access to provide the contracted services;
b. Vendor will not use Protected Information for any purpose other than those explicitly authorized in this Contract;
c. Vendor will not disclose any Protected Information to any party who is not an authorized representative of the Vendor using the information to carry out Vendor's obligations under this Contract or to the DISTRICT unless (i) Vendor has the prior written consent of the parent or eligible student to disclose the information to that party, or (ii) the disclosure is required by statute or court order, and notice of the disclosure is provided to DISTRICT no later than the time of disclosure, unless such notice is expressly prohibited by the statute or court order;
d. Vendor will maintain reasonable administrative, technical, and physical safeguards to protect the security, confidentiality, and integrity of Protected Information in its custody;
e. Vendor will use encryption technology to protect data while in motion or in its custody from unauthorized disclosure using a technology or methodology specified by the secretary of the U S. Department of HHS in guidance issued under P.L. 111-5, Section 13402(H)(2);
f. Vendor will notify the DISTRICT of any breach of security resulting in an unauthorized release of student data by the Vendor or its Assignees in violation of state or federal law, or of contractual obligations relating to data privacy and security in the most expedient way possible and without unreasonable delay but no more than seven calendar days after the discovery of the breach; and
g. Where a breach or unauthorized disclosure of Protected Information is attributed to the Vendor, the Vendor shall pay for or promptly reimburse DISTRICT for the full cost incurred by DISTRICT to send notifications required by Education Law Section 2-d.
Additional Vendor Responsibilities. Vendor acknowledges that under Education Law Section 2-d and related regulations it has the following obligations with respect to any Protected Information, and any failure to fulfill one of these statutory obligations shall be a breach of this Contract:
13.1 Vendor shall limit internal access to Protected Information to those individuals and Assignees or subcontractors that need access to provide the contracted services;
13.2 Vendor will not use Protected Information for any purpose other than those explicitly authorized in this Contract;
13.3 Vendor will not disclose any Protected Information to any party who is not an authorized representative of the Vendor using the information to carry out Vendor’s obligations under this Contract or to the DISTRICT unless (1) Vendor has the prior written consent of the parent or eligible student to disclose the information to that party, or
Additional Vendor Responsibilities. Xxxxxx agrees to comply with the following. As applicable, incorporated into this contract by reference.
A. If contract exceeds $100,000: Sections 3702 and 3704 of the Contract Work Hours and Safety Standards Act (40 United States Code (USC) 3701 – 3708) as supplemented by the U.S. Department of Labor regulations (29 CFR Part 5).
B. If contract exceeds $150,000: All applicable standards, orders and requirements issued pursuant to the Clean Air Act (42 USC 7401 – 7671q) and the Federal Water Pollution Control Act as amended (33 USC 1251 – 1387). Violations must be reported to the federal awarding agency and the regional office of the Environmental Protection Agency (EPA).
Additional Vendor Responsibilities. Vendor agrees to comply with the following USDA regulatory requirements, if applicable:
A. Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330), as supplemented by U.S. Department of Labor regulations (29 CFR Part 5) [contracts in excess of $2,500 which involve employment of mechanics or laborers].
B. All applicable standards, orders and requirements issued under Section 306 of the Clean Air Act (42 USC 1857(h)), Section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and the U.S. Environmental Protection Agency regulations (40 CFR Part 15) [contracts in excess of $100,000].
C. Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163, 89 Stat. 871).
Additional Vendor Responsibilities. Vendor shall:
a. Ensure that no funds provided under this Agreement will be used for any partisan political activity, lobbying any federal or state governmental entity or official, or to further the election or defeat of any candidate for public office.
b. Fully participate, as requested, in the Local Partnership’s evaluation process, including collecting and providing to the Local Partnership any and all data and/or other information that may be required for such evaluation.
c. Submit to the Local Partnership or its representative any other plans, reports, documents, or other products that the Local Partnership or its representative may specify.
d. Comply fully and in a timely manner with all financial procedures established by the Local Partnership or its duly authorized representatives.
e. As required, maximize the use of in-kind contributions as appropriate (volunteers, goods, services, facilities) and agree to assist the Local Partnership in accurately quantifying those contributions and any other direct or indirect funding the Local Partnership funds have leveraged.
f. As required, use or expend the funds provided by this Agreement only for the purposes for which they were appropriated. A copy of any required audit must be filed with the Local Partnership or its representative within one month of receipt of the final audit.
g. Promptly notify Local Partnership or its representatives if Vendor’s tax status is changed, revoked, or modified in any way.
h. Receive written approval from the Local Partnership prior to implementation of any changes by the Vendor in Services funded in whole or in part by the Local Partnership and of any changes in budget for the Services.
i. If required by the Local Partnership, secure, maintain, and provide evidence of an Honesty Surety Bond in a form satisfactory to the Local Partnership covering staff involved in handling of funds allocated to the Vendor by the Local Partnership when the total amount under this Agreement exceeds or is expected to exceed, $100,000.
Additional Vendor Responsibilities. Xxxxxx agrees to comply with the following. As applicable, incorporated into this contract by reference.
A. The Vendor shall comply with all applicable civil rights laws, as amended, which include but are not limited to: Title VI and Title VII of the Civil Rights Act or 1964; Title IX of the Education Amendments of 1972; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; 7 CFR Parts 15, 15a, and 15b; the Americans with Disabilities Act; FNS Instruction 113-1, and Civil Rights Compliance and Enforcement – Nutrition Programs and Activities.
B. If contract exceeds $10,000: Executive Order 11375 of the Equal Employment Opportunity Act, and as supplemented in Department of Labor regulations.
C. If contract exceeds $100,000: Sections 3702 and 3704 of the Contract Work Hours and Safety Standards Act (40 United States Code (USC) 3701 – 3708) as supplemented by the U.S. Department of Labor regulations (29 CFR Part 5).
D. If contract exceeds $150,000: All applicable standards, orders and requirements issued pursuant to the Clean Air Act (42 USC 7401 – 7671q) and the Federal Water Pollution Control Act as amended (33 USC 1251 – 1387). Violations must be reported to the federal awarding agency and the regional office of the Environmental Protection Agency (EPA).
Additional Vendor Responsibilities. Vendor agrees to comply with the following regulatory requirements, if applicable:
A. The Contract Work Hours and Safety Standards Act, as supplemented by U.S. Department of Labor regulations, 29 CFR Part 5 [contracts in excess of $100,000 which involve employment of mechanics or laborers].
B. The Clean Air Act (42 USC section 7401 et seq.), the Clean Water Act (33 USC section 1368), Executive Order 11738, and the U.S. Environmental Protection Agency regulations (40 CFR) [contracts in excess of $100,000].
C. Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163, 89 Stat. 871).
D. All applicable certification requirements under 31 USC section 1352, and the Xxxx Anti-Lobbying Amendment 45 CFR section 2543.87 [contracts in excess of $100,000], guaranteeing that it has not used federal funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, in connection with obtaining the contract, grant or any other award.
E. Affirmative steps to assure that small and minority firms, women’s business enterprises, and labor surplus area firms are used when possible as a source of suppliers in accordance with 2 CFR Part 200.
F. All applicable Equal Employment Opportunity regulations and orders under 41 CFR Part 60, Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor, and Executive Order 11246, as amended by Executive Order 11375, amending Executive Order 11246 relating to Equal Employment Opportunity.
G. The Buy American Act, 41 U.S.C. section 8301 et seq., requiring the purchase of only products that are produced in the United States, whenever possible.
Additional Vendor Responsibilities. Vendor agrees to comply with the following requirements:
a. Buy American domestic commodities and products for vended snacks to the maximum extent practicable. Domestic products are those that are produced in the United States and those that are processed in the United States substantially (51 percent or more) using agricultural commodities produced in the United States.
b. Comply with the following, as applicable, incorporated into this contract by reference:
1) All applicable parts of state energy conservation standards (Minn. R. Chapter 216C) and the Minnesota Energy Code (Minn. R. Chapter 7670).
2) The requirements established in USDA regulations concerning USDA rights to copyrights, patent rights and rights in data and reporting of discoveries and inventions.
3) If contract exceeds $2,500: Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) as supplemented by the U.S. Department of Labor regulations (29 CFR Part 5).
4) If contract exceeds $10,000: Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375, and as supplemented in the U.S. Department of Labor regulations (41 CFR Part 60).
5) If contract exceeds $150,000: All applicable standards, orders and requirements issued under Section 306 of the Clean Air Act (42 USC 1857(h)), Section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and the U.S. Environmental Protection Agency (EPA) regulations (40 CFR Part 15) which prohibit the use of facilities included on the EPA List of Violating Facilities. Contractor will report all violations to the grantor agency and to the EPA Administrator for Enforcement (EN-329).
Additional Vendor Responsibilities. 1. At the request of Tarrant County, the Vendor shall submit verification of: orientation provided to temporary personnel, performance improvement (Quality Assurance, Continuous Quality Improvement) programs, and annual credentialing. Verification must be submitted immediately upon request by Tarrant County.
2. At the request of Tarrant County, the Vendor shall assist Tarrant County in
3. The following minimum requirements must be communicated by the Vendor to the temporary personnel prior to them being assigned as a temporary at Tarrant County: Tarrant County’s drug free workplace policy prohibits the unlawful manufacture, distribution, dispensation, possession, or use of alcohol and controlled substances in the workplace. Employees, temporary or otherwise, may not report to work under in the influence of inhalants, alcohol or drugs, or have the odor of alcohol or drugs on their breath.
4. The Vendor agrees not to assign or refer any temporary for duties at a Tarrant County facility if they are:
a. Under indictment for any crime of violence or violation of the Texas or U.S. Controlled Substances Acts.
b. Under investigation by any Texas Medical Licensing Board o have license restrictions due to a settled action after investigation.
c. Subject to other judicial action and has posted bail or bond while awaiting trial for any crime of violence or violation of the Texas or U.S. Controlled Substances Acts.
d. On deferred adjudication or parole for any crime of violence or violation of the Texas or U.S. Controlled Substances Acts.
e. Under suspension by the contractor, whether that suspension has been placed in effect for a confirmed impropriety or for investigative purposes.
f. Suffering any degree of physical or mental incapacitation.
g. Has restrictions on his or her license through the regulating board.
Additional Vendor Responsibilities. 8, Additional Vendor Responsibilities, is a requirement for the TEC Contracting Entity and is a guideline for a Local Authority Contracting Entity.
