INTENTIONALLY DELETED
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Non-Discrimination. Contractor agrees to comply with applicable federal and State laws, rules and regulations, and the State’s policy relative to nondiscrimination in employment practices because of political affiliation, religion, race, color, sex, physical handicap, age, or national origin. Nondiscrimination in employment practices is applicable to employees for employment, promotions, dismissal and other elements affecting employment.
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Delivery of Service and Other Federal Laws. Contractor agrees that all work done as part of this Contract will comply fully with applicable administrative and other requirements established by applicable federal and State laws and regulations and guidelines, including but not limited to §1902(a)(7) of the Social Security Act and the BOR policies and procedures as contained in the BOR Health Plan Summary Plan Description, HIPAA, the Health Insurance Title XIII of the American Recovery and Reinvestment Act of 2009 (HITECH), and Patient Portability and Affordable Care Act (PPACA) and in the implementing regulations of HIPAA, HITECH, and PPACA. Contractor assumes responsibility for full compliance with all such applicable laws, regulations, and guidelines, and agrees to fully reimburse the BOR for any loss of funds or resources or overpayment resulting from non-compliance by Contractor, its staff, agents or subcontractors, as revealed in subsequent audits. The provisions of the Fair Labor Standards Act of 1938 (29 U.S.C. § 201 et seq.) and the rules and regulations as promulgated by the United States Department of Labor in Title XXIX of the Code of Federal Regulations are applicable to this Contract. Contractor shall agree to conform with such federal laws as affect the delivery of services under this Contract including but not limited to the Titles VI, VII, XIX of the Social Security Act, the Federal Rehabilitation Act of 1973, the Davis Bacon Act (40 U.S.C. § 276a et seq.), the Copeland Anti-Kickback Act (40 U.S.C. § 276c), and the Americans with Disability Act of 1993 (including but not limited to 28 C.F.R. § 35.100 et seq.). Contractor agrees to conform to such requirements or regulations as the United States Department of Health and Human Services may issue from time to time.
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Cost of Compliance With Applicable Laws. Contractor agrees that it will bear any and all costs (including but not limited to attorneys’ fees, accounting fees, research costs, or consultant costs) related to, arising from, or caused by compliance with any and all laws, such as but not limited to federal and State statutes, case law, precedent, regulations, policies, and procedures existing at the time of execution of this Contract. Contractor further agrees that it will bear any and all costs (including but not limited to attorneys’ fees, accounting fees, research costs, or consultant costs) related to, arising from, or caused by compliance with any and all laws, such as but not limited to federal and state statutes, case law, precedent, regulations, policies, and procedures that become effective or are amended throughout the Term of the Contract. In the event of a disagreement on this matter, the BOR’s determination on this matter shall be conclusive and not subject to appeal.
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General Compliance. Additionally, Contractor agrees to comply and abide by all laws, rules, regulations, statutes, policies, or procedures that may govern the Contract, the Deliverables, or either Party’s responsibilities. To the extent that applicable laws, rules, regulations, statutes, policies, or procedures (either those in effect at the time of execution of this Contract, or those that become effective or are amended during the Term of this Contract) require Contractor to take action or inaction, any costs, expenses, or fees associated with that action or inaction shall be borne and paid by Contractor solely.
CONFLICT RESOLUTION
In addition to any dispute resolution procedures otherwise required under this Contract or any informal negotiations that may occur between the BOR and Contractor, no civil action with respect to any dispute, claim or controversy arising out of or relating to this Contract may be commenced without first giving fourteen (14) Calendar Days written notice to the BOR of the claim and the intent to initiate a civil action. At any time prior to the commencement of a civil action, either the BOR or Contractor may exercise the right to submit the matter for mediation by providing the other party with a written demand for mediation setting forth the subject of the dispute. The parties will cooperate with one another in selecting a mediator and in scheduling the mediation proceedings. Venue for the mediation will be in Atlanta, Georgia or such other place as may be agreed upon by the Parties. Any or all mediation proceedings may be conducted by teleconference with the consent of the Parties and the mediator. The Parties covenant that they will participate in the mediation in good faith and that they will share equally the costs of the mediator, provided that the cost to the BOR shall not exceed the sum of Five Thousand Dollars ($5,000).
All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the Parties, their agents, employees, experts and attorneys, and by the mediator or employees of any mediation service, are inadmissible for any purpose (including but not limited to impeachment) in any litigation or other proceeding involving the Parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. Inadmissibility notwithstanding, all written documents shall nevertheless be subject to the Georgia Open Records Act, O.C.G.A. § 50-18-70 et seq.
No Party may commence a civil action with respect to the matters submitted to mediation until after the completion of the initial mediation session, forty-five (45) Calendar Days after the date of filing the written request for mediation with the mediator or mediation service, or sixty (60) Calendar Days after the delivery of the written demand for mediation, whichever occurs first. Mediation may continue after the commencement of a civil action, if the Parties so desire.
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