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2 <br /> DSHS General Terms and Conditions • <br /> (6) Following the requirements of the DSHS Data Security Requirements Exhibit, if attached to this <br /> contract. <br /> c. Upon request by DSHS, at the end of the Contract term, or when no longer needed, data shall be <br /> returned to DSHS or Contractor shall certify in writing that they employed a DSHS approved <br /> method to destroy the information. Contractor may obtain information regarding approved <br /> " destruction methods from the DSHS contact identified on the cover page of this Contract. • <br /> d. Paper documents with Confidential Information may be recycled through a contracted firm, provided <br /> the contract with the recycler specifies that the confidentiality of information will be protected, and <br /> the information destroyed through the recycling process. Paper documents containing Confidential <br /> Information requiring special handling (e.g. protected health information) must be destroyed on-site <br /> through shredding, pulping, or incineration. <br /> e. Notification of Compromise or Potential Compromise. The compromise or potential compromise of <br /> Confidential Information must be reported to the DSHS Contact designated on the contract within <br /> one (1) business day of discovery. Contractor must also take actions to mitigate the risk of loss and <br /> comply with any notification or other requirements imposed by law or DSHS. <br /> 7. . Debarment Certification. The Contractor, by signature to this Contract, certifies that the Contractor is <br /> not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded <br /> by any Federal department or agency from participating in transactions (Debarred). The Contractor also <br /> agrees to include the above requirement in any and all Subcontracts into which it enters. The • <br /> Contractor shall immediately notify DSHS if, during the term of this Contract, Contractor becomes . <br /> Debarred. DSHS may immediately terminate this Contract-by providing Contractor written notice if <br /> Contractor becomes Debarred during the term hereof. <br /> 8. Governing Law and Venue. This Contract shall be construed and interpreted in accordance with the <br /> laws of the state of Washington and the venue of any action brought hereunder shall be in Superior <br /> Court for Thurston County. <br /> 9. Independent Contractor. The parties intend that an independent contractor relationship will be created <br /> by this Contract. The Contractor and his or her employees or agents performing under this Contract are <br /> not employees or agents of the Department. The Contractor, his or her employees, or agents <br /> performing under this Contract will not hold himself/herself out as, nor claim to be, an officer or <br /> employee of the Department by reason hereof, nor will the Contractor, his or her employees, or agent <br /> make any claim of right, privilege or benefit that would accrue to such officer or employee. <br /> 10. Inspection. The Contractor shall, at no cost, provide DSHS and the Office of the State Auditor with <br /> reasonable access to Contractor's place of business, Contractor's records, and DSHS client records, <br /> wherever located.These inspection rights are intended to allow DSHS and the Office of the State <br /> Auditor to monitor, audit, and evaluate the Contractor's performance and compliance with applicable <br /> laws, regulations, and these Contract terms. These inspection rights shall survive for six (6) years <br /> following this Contract's termination or expiration. <br /> 11. Maintenance of Records. The Contractor shall maintain records relating to this Contract and the <br /> performance of the services described herein. The records include, but are not limited to, accounting <br /> procedures and practices, which sufficiently and properly reflect all direct and indirect costs of any <br /> nature.expended in the performance of this Contract. All records and other material relevant to this <br /> Contract shall be retained for six (6) years after expiration or termination of this Contract. <br /> Without agreeing that litigation or claims are legally authorized, if any litigation, claim, or audit is started <br /> DSHS Central Contract Services <br /> 1760LP IFS Recreational Opportunities(10-27-08) Page 5 <br /> 8 <br />