Medicina y Derecho Penal

Strict standards of confidentiality of records shall be maintained in accordance with State and Federal laws. The Grantee shall comply with all applicable provisions of the Health Insurance Portability and Accountability Act of 1996, Public Law 104 – 191, 110 Stat. 1936, (HIPAA) and regulations promulgated thereunder (HIPAA Regulations), if applicable. It is expressly understood and agreed that obligations set forth in this section shall survive the termination of this Grant Agreement.

15.02 No Waiver/Strict Performance Required:

Failure by any party to this Grant Agreement to insist in any one or more cases upon the strict performance of any of the terms, covenants, conditions, or provisions of this Grant Agreement shall not be construed as a waiver or relinquishment of any such term, covenant, condition, or provision. No term or condition of this Grant Agreement shall be deemed to have been waived, modified, or deleted except by a written amendment signed by the parties.

15.03 Titles, Tense:

In construing this Grant Agreement, whenever appropriate, the singular tense shall be deemed to mean the plural and vice-versa. Titles of sections and paragraphs used herein are for the purpose of facilitating ease of reference only and shall not be construed to be a part of this Grant Agreement.

15.04 State and Federal Compliance:

The Grantee shall comply with all applicable State and Federal laws and regulations in the performance of this Grant Agreement.

15.05 Division Liability:

The Division shall have no liability except as specifically provided in this Grant Agreement.

ASSURANCE AND ATTACHMENT 29 (cont’d)

130 15.06 Taxes and Obligations:

The Grantee certifies it is current on all taxes and obligations due the federal, state, and local governments.

15.07 Public Notice:

15.07 (a) When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing programs or projects funded in whole or in part with these funds, the Grantee shall clearly state: (1) the percentage of the total cost of the program or project that will be financed with federal money; and, (2) the dollar amount of federal funds for the program or project.

15.07(b) If applicable, the following needs to be on all products developed in whole or in part with grant funds: “This workforce solution was funded by a grant from the U.S. Department of Labor’s Employment and Training Administration. The solution was created by the Grantee and does not necessarily reflect the official position of the U.S. Department of Labor. The U.S. Department of Labor makes no guarantees, warranties or assurances of any kind, express or implied, with respect to such information, including any information on linked sites and including, but not limited to, accuracy of the information or its completeness, timeliness, usefulness, adequacy, continued availability or ownership. This solution is copyrighted by the organization that created it. Internal use by an organization and/or personal use by an individual for non-commercial purposes, is permissible. All other uses require prior authorization of the copyright owner.”

15.07(c) The Grantee shall give credit in any publicity, printed materials, programs, and press releases as follows: “This program is being presented with financial assistance from the U.S.

Department of Labor and WorkForce West Virginia.”

15.08 Information Technology Policies:

Grantees that have access to Division data systems or use the Division’s Wide Area network (WAN) agree to comply with all of the Division’s Information Technology Policies, including, but not limited to, the Information Technology Resource Policy and the Hardware/Software Policy. The Grantee agrees to use these systems only for activities related to the work performed under this Grant Agreement.

15.09 United States Department of Labor (USDOL) Waivers:

Grantee agrees to comply with all approved USDOL Waivers.

ASSURANCE AND ATTACHMENT 29 (cont’d)

131 15.10 Grantee Fiduciary Responsibility:

By signing this Grant Agreement, the Grantee acknowledges full responsibility, including fiduciary, for the appropriate use of the grant funds and adherence to all applicable Federal and State Guidelines and any State Guidance Letters or Policies issued by the Division.

15.11 Compensation:

15.11(a) No funds may be used by the Grantee or any subgrantee to pay the salary and bonuses of an individual, either as direct or indirect cost, at a rate in excess of Executive Level II. The salary and bonus limitation does not apply to vendors providing goods and services as defined in OMB Circular A-133. See TEGL No. 5-06 for further clarification.

15.11(b) Consultant fees shall be limited to $585 per day without additional Division and DOL grant officer approval.

15.12 Intellectual Property Rights:

15.12(a) The federal government and the Division reserve a paid-up, nonexclusive and irrevocable license to produce, publish or otherwise use, and to authorize others to use for federal purposes; (1) the copyright in all products developed under this grant or any subgrant or contract under this grant; and (2) any rights of copyright to which the Grantee, subgrantee or a contractor purchases ownership under an award (including, but not limited to, curricula, training models, technical assistance products, and any related materials). Such uses include, but are not limited to, the right to modify and distribute such products worldwide by any means, electronically or otherwise.

15.12(b) Federal funds may not be used to pay any royalty or licensing fee associated with such copyrighted material, although they may be used to pay costs for obtaining a copy which are lmited to the developer/seller costs of copying and shipping.

15.13 Evaluation, Data and Implementation:

The Grantee agrees to cooperate with USDOL and the Division in the conduct of third-party evaluation, including providing to USDOL, the Division, or an authorized contractor, appropriate data and access to program operating personnel and participants in a timely manner.

132 ASSURANCE AND ATTACHMENT 29 (cont’d)

IN WITNESS WHEREOF, the parties have caused this Grant Agreement to be signed and dated as shown below.

FOR (NAME OF COMPANY RECEIVING FUNDS) :

________________________________________ ____________________

Mr. Check U. Later Executive Director

#1 Route 66

Euphoria, West Virginia 55555 (304) 555-1212

Date

(304) 555-1213 DUNS #

FEIN #: 123-456-789