2015-106 AGREEMENT#A3783
MEMORANDUM OF AGREEMENT
BETWEEN
THE FLORIDA DEPARTMENT OF CORRECTIONS
AND
CLERMONT POLICE DEPARTMENT
This Agreement is entered into on the date subscribed below, by and between the Department of
Corrections, ("Department"), and the Clermont Police Department ("Agency"), located in Lake County,
Florida,which are the parties hereto.
WITNESSETH
WHEREAS, the purpose of the Agreement is to provide a mechanism for the Department through its
Community Corrections Circuit Office (specifically the 5th Circuit in Lake County), and the Agency to
share investigative information and collaborate on enforcement efforts with a goal of reducing criminal
activity by coordinating physical resources,manpower and criminal intelligence. This may include, but is
not limited to offender visits, employees of the parties riding with the Agency, serving warrants and any
other steps the parties deem necessary to facilitate reducing criminal activity in Lake County.
WHEREAS, the parties agree that there is a major law enforcement problem relating to criminal activity
in Lake County, Florida.
WHEREAS, the parties agree that an intelligence-led, data-driven, multi-agency response will greatly
enhance the effectiveness of the Department and the Agency in countering crime and criminal activity in
Lake County.
WHEREAS, the parties agree that reentry programs and assistance to offenders and probationers are an
appropriate use of resources and will enhance fighting crime and reduce criminal activity.
WHEREAS, the parties share the common goal of promoting public safety in Lake County by reducing
crime and recidivism among offenders under community supervision through the efficient administration
of policing and correctional services.
WHEREAS,the parties understand that the Department is a party to similar partnerships in other counties
in Florida.
WHEREAS, the parties believe that a coordinated response between those other partnerships will aid in
the effectiveness of the Department and the Agency, as well as the efforts with those similar partnerships
in other counties in providing efficient policing and correctional services.
WHEREAS,the parties understand that every effort will be made to schedule operations pertaining to this
Agreement with the similar partnerships.
WHEREAS, the parties recognize that the efficient interaction of this partnership depends upon efficient
interaction of their respective agencies and the sharing of information and records regarding the efficient
providing of policing and correctional services.
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WHEREAS, the parties commit within the terms of this Agreement to a coordinated effort to provide
policing and correctional services where each will benefit from the other's resources, abilities and
experience.
NOW THEREFORE, subject to controlling law, rules or regulations or to other governing policies and/or
procedures, and in consideration of the mutual interests and understandings expressed herein, the parties
agree as follows:
TERM OF AGREEMENT
This Memorandum of Agreement shall begin on the date on which it is signed by both parties, and
shall end at midnight five(5)years from the date of execution In the event this Agreement is signed
by the parties on different dates,the latter date shall controL
This Memorandum of Agreement may be renewed for an additional five (5) year periods, after
the initial agreement term, upon the same terms and conditions contained herein, and upon
agreement of both parties. Exercise of the renewal option is at the Department's sole discretion
and shall be conditioned, at a minimum, on the Agency's performance of this Agreement. The
Department, if it desires to exercise its renewal option, will provide written notice to the Agency
no later than thirty•(30) days prior to the Agreement expiration date. The renewal term shall be
considered separate and shall require the exercise of a renewal amendment that shall be signed by
both parties.
IL SCOPE OF AGREEMENT
A. Overview
The parties will work together in their goal of improving the administration of criminal
justice and reentry services in Lake County, Florida, by:
1. Improving the efficiency of interaction between their offices.
2. Facilitating the exchange of information and records between the parties collected
and maintained by each.
3. Using a team problem-solving approach to address challenges posed in the
implementation of this Agreement and the criminal justice system.
4. Conducting team initiatives targeted at offender contacts and enforcement of the
conditions of supervision.
Each party retains responsibility for its personnel and any fiscal or general administrative
services each party incurs in support of this Agreement.
Special operations, as it pertains to this Agreement, involve teams of the Department and
the Agency personnel targeting offenders on probation for home or workplace visits.
Those offenders that will be targeted include, but are not limited to those on probation for
forcible felonies,those offenders on probation with a history of gang related violence and
registered sexual offenders under supervision by the Department.
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B. Responsibilities of the Department
The Department will perform the following duties in support of the Agreement to the
extent possible within those resources the Department, in its own judgment, believes it
can commit to the Agreement.
1. The Department will dedicate certain officers and resources to facilitate the
identification of dangerous,high risk offenders under supervision.
2. The Department will provide current information to the Agency on those offenders
under supervision of the Department. This will include, but not be limited to:
addresses, offenses, and conditions of supervision and criminal histories.
3. The Department will designate officers to participate in the Agency operations, in
order to familiarize the Agency with the location, descriptions and conditions of
supervision for offenders on community control, sexual predators, sexual offenders
and high risk offenders. All of the Department officers who participate in these
operations will be current on use of force training in accordance with the
Department's "Use-of-Force in Community Corrections" Procedure 302.313. The
Department will designate officers to participate in operations when, in its own
P P
judgment,the Department believes it can commit resources to the Agreement.
4. The Department will designate officers to conduct administrative searches in
accordance with the Department Procedure 302.311 to ensure that offenders are in
compliance with their terms of supervision.
5. The Department will train the Agency officers in accordance with Rule 33-302.108
of the Florida Administrative Code and with the Department Procedure 302.311
regarding participation in warrantless arrests.
6. The Department may be present,but will not participate in law enforcement activities
when the offender is not under the supervision of the Department or the Florida
Parole Commission.
C. Responsibilities of the Agency
Law Enforcement will perform the following duties in support of the Agreement to the
extent possible within those resources that the Agency, in its own judgment, believes it
can commit to the Agreement.
1. The Agency will provide the Department with all current available information on
absconders and offenders under the supervision of the Department.
2. The Agency will assist the Department officers on field visits to offender residences
and places of employment as deemed necessary by the Agency to execute a warrant
or warrantless arrest.
3. The Agency will task law enforcement officers to provide security for probation
officers while conducting administrative searches to ensure the offender's
compliance with the terms of supervision. Said the Agency officers will control the
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offender, any individuals on site who attempt to interfere with the administrative
search,and transport the offender to the county jail if needed.
4. The Agency will provide assistance to identify, secure, provide receipts for and
properly store any property seized during an administrative search conducted by the
Department as the situation requires.
5. The Agency will notify the Department of any violations of supervision that an
offender commits in the presence of the Agency officer, and conduct a warrantless
arrest upon confirmation with the Department that a violation has occurred.
6. The Agency will assist the Department in transporting and/or arresting offenders
within Lake County, Florida, or as otherwise permitted by law, if the offender is
found to be in violation of supervision. The Agency will ensure that the Agency
officers are aware of Department Procedure 302.311 when participating in
transporting/arresting aforementioned absconders or offenders.
7. The Agency will provide the opportunity for the Department to participate in ride
along operations in order for the Department officers to familiarize the Agency with
the whereabouts, descriptions, and specified conditions of supervision of community
control offenders, sexual predators, sexual offenders and high risk offenders, and to
ensure that all violations are communicated to the Department officer supervising the
offender for communication to the appropriate sentencing authority.
8. The Agency may terminate their individual participation in this Agreement with no
less than thirty(30)calendar days' of notice, without requiring the termination of the
overall Agreement.
D. Joint Responsibilities
1. In order to enhance public safety, each party agrees to commit its resources as it
deems appropriate to apprehend offenders under supervision of the Department or
Parole Commission who have violated supervision terms set forth by their sentencing
authority.
2. Each party agrees that a successful reentry strategy for offenders will lead to safer
Florida communities. Each party agrees to commit its resources as it deems
appropriate in a coordinated effort to provide offenders and former offenders the
skills and support systems needed to successfully reintegrate into Florida
communities.
3. Each party believes that some of the most pressing issues for offenders reentering
into society include, but are not limited to the following: housing (permanent or
temporary), employment, education, life skills, behavior management, substance
abuse,mental health treatment and transportation.
4. The parties agree to provide a designee to attend meetings and serve as a
representative of their particular agency. Each party agrees to hold such meetings to
discuss issues and methods of implementing the partnership in the most effective
manner possible. Each party agrees that said meetings will be held on at least a
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biannual basis, but the parties may agree to meet more frequently if in their judgment
it would help fulfill the goals of this Agreement.
5. The parties understand that the exchange of information as to their specific
responsibilities, duties and roles within the criminal justice system and regarding
offender reentry are vital to the efficient operation of this partnership. Such
exchange will only be limited by federal or state law and the policies and procedures
of each agency.
6. The parties agree to establish policies to implement the Agreement by pooling or
sharing resources or equipment where applicable to enhance the delivery of quality
service.
7. The parties agree to create procedures for communicating the goals and ideas of the
partnership to their personnel for action and implementation.
E. Coalition Structure
1. The Chief of the Agency is established as the Coordinator of Lake County and will
coordinate all compliance and enforcement initiatives. The Chief will endeavor to
ensure successful and timely completion of the Agency goals and objectives.
2. The Chief will also function as the Agency Agreement Manager as provided for in
Section IV of this Agreement and will serve as the Agency liaison/contact regarding
issues that arise from this Agreement.
3. The parties will meet biannually to accomplish the following:
a.Establish collaborative objectives;
b. Establish guidelines and procedures for joint initiatives;
c. Share investigative information and data at biannual meetings; and
d. Establish guidelines and procedures for the disposition of forfeited property.
III. FINANCIAL OBLIGATIONS
The parties acknowledge that this Agreement is not intended to create financial obligations
between the parties. However, in the event that costs are incurred as a result of either or both of
the parties performing their duties or responsibilities under this Agreement, each party agrees to
be responsible for their own costs.
IV. AGREEMENT MANAGEMENT
A. Department's Agreement Administrator
The Agreement Administrator is responsible for maintaining the official Agreement file,
processing any amendments or termination of the Agreement, and maintaining records of
all formal correspondence between the parties regarding administration of this
Agreement.
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The address and telephone number of the Department's Agreement Administrator is:
Operations Manager, Contract Administration
Bureau of Contract Management and Monitoring
501 South Calhoun Street
Tallahassee,Florida 32399-2500
Telephone: (850)717-3681
Fax: (850)488-7189
B. Agreement Managers
The parties have identified the following individuals as Agreement Managers. These
individuals are responsible for enforcing performance of the Agreement terms and
conditions and shall serve as liaison regarding issues arising out of this Agreement.
FOR THE DEPARTMENT FOR THE CLERMONT POLICE
DEPARTMENT
Susan S. Cizmadia Charles Broadway
Circuit Administrator, 5th Circuit Chief
28402 C.R. 561 865 West Montrose Street
Tavares,Florida 32778 Clermont, Florida 34711
Telephone:(352)609-6107 Telephone:(352)394-5588
Fax: (352)742-6014 Fax: (352)394-1644
E-mail: Cizmadia.susan(a,mail.dc.state.fl.us E-mail:criveraa,clermontfl.org
V. REVIEW AND MODIFICATION
Upon request of either party, both parties will review this Agreement annually in order to
determine whether its terms and conditions are still appropriate. The parties agree to renegotiate
terms and conditions hereof if it is mutually determined that significant changes in this
Agreement are necessary. There are no obligations to agree by either party.
Modifications to the provisions of this Agreement, with the exception of Section IV,
AGREEMENT MANAGEMENT, shall be valid only through execution of a formal written
amendment to the Agreement.
VI. TERMINATION
This Agreement may be terminated at any time upon the mutual consent of both parties or
unilaterally by either party upon no less than thirty (30) calendar days' notice. Notice shall be
delivered by express mail or other method whereby a receipt of delivery may be obtained.
In addition, this Agreement may be terminated with 24 hours notice by the Department for any
failure of the Agency to comply with the terms of this Agreement or any applicable Florida law.
VII. OTHER CONDITIONS
A. Public Records Law
The Agency agrees to: (a) keep and maintain public records that would ordinarily and
necessarily be required by the Department to perform the services; (b) allow public access to
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records in accordance with the provisions of Chapter 119 and 945.10, Florida Statutes; (c)
ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law; (d) meet all
requirements for retaining public records and transfer to the Department, at no cost, all public
records in the Agency's possession upon termination of the contract and destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements.All records stored electronically must be provided to the Department
in a format that is compatible with the Department's information technology systems. The
Agency's failure to comply with this provision shall constitute sufficient cause for
termination of this Agreement.
B. Sovereign Immunity
The Agency and the Department are state agencies or political subdivisions as defined in
Section 768.28, Florida Statutes, and agree to be fully responsible for acts and omissions of
their own agents or employees to the extent permitted by law. Nothing herein is intended to
serve as a waiver of sovereign immunity by either party to which sovereign immunity may be
applicable. Further, nothing herein shall be construed as consent by a state agency or
political subdivision of the State of Florida to be sued by third parties in any matter arising
out of this Agreement.
C. Confidentiality
The Agency shall ensure all staff assigned to this Agreement maintains confidentiality with
reference to individual participants receiving services in accordance with applicable local,
state, and federal laws, rules and regulations. The Department and the Agency agree that all
information and records obtained in the course of providing services under this Agreement
shall be subject to confidentiality and disclosure provisions of applicable federal and state
statutes and regulations adopted gu p pursuant thereto.
The Agency agrees to keep all Department personnel information (i.e., DC staff telephone
numbers, addresses, etc.) strictly confidential and shall not disclose said information to any
person, unless released in writing by said Department.
D. Disputes
Any dispute concerning performance of the terms of this Agreement shall be resolved
informally by the Agreement Managers. Any dispute that cannot be resolved informally shall
be reduced to writing and delivered to the Department's Regional Director of Community
Corrections. The Regional Director of Community Corrections shall decide the dispute,
reduce the decision to writing, and deliver a copy to the parties, the Agreement Managers and
the Agreement Administrator.
E. Data Sharing
The Department and the Agency acknowledge their separate obligations to store and
disseminate data in compliance with the requirements of Public Records Law, Chapter 119,
Florida Statutes, and with other applicable statutes that constitute express exceptions to the
requirements of Section 119.07(1), Florida Statutes, by making certain categories of records
confidential, exempt from disclosure, or accessible as prescribed by statute. The Agency
acknowledges that the data exchanged between them has been provided for official purposes
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and that public access to such data is limited and prescribed by statute. The Agency therefore
agrees, consistent with public records law, to refer third parties requesting delivery of
information to the originating party. The Agency further agrees to disseminate data only in
compliance with confidentiality restrictions and in recognition of the exemptions from
disclosure provided by law and to provide advance copies of documents involving the other
party's data for review to determine if there has been an inadvertent disclosure of confidential
information as described herein prior to publication.
F. Notices
All notices required or permitted by this Agreement shall be given in writing and by hand-
, delivery or email to the respective addresses of the parties as set forth in Section IV above.
All notices by hand-delivery shall be deemed received on the date of delivery and all notices
by email shall be deemed received when they are transmitted and not returned as undelivered
or undeliverable. Either party may change the names, addresses, or telephone numbers set
forth in Section IV above by written notice given to the other parties as provided above.
G. Health Insurance Portability and Accountability Act
The Agency shall comply with the Health Insurance Portability and Accountability Act of 1996
(HIPAA) (42 U. S. C. 1320d-8), and all applicable regulations promulgated thereunder.
Agreement to comply with HIPAA is evidenced by the execution of this Agreement, which
includes and incorporates Attachment A, Business Associate Agreement, as part of this
Agreement.
H. Prison Rape Elimination Act(PREA)
The Agency shall report any violations of the Prison Rape Elimination Act (PREA), Federal
Rule 28 C.F.R.Part 115 to the Department of Corrections' Agreement Manager.
I. Cooperation with Inspector General
In accordance with Section 20.055(5), Florida Statutes, the Agency understands and will
comply with its duty to cooperate with the Inspector General in any investigation, audit,
inspection, review, or hearing.
J. Force Majeure
Neither party shall be liable for loss or damage suffered as a result of any delay or failure in
performance under this Agreement or interruption of performance resulting directly or indirectly
from acts of God, fire, explosions, earthquakes, floods, water, wind, lightning, civil or military
authority, acts of public enemy, war, riots, civil disturbances, insurrections, strikes, or labor
disputes.
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IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed by their
undersigned officials as duly authorized
FOR THE CLERMONT POLICE DEPARTMENT
�B `
IGNED BY (1",
,- ,/f Pi
1 t�
NAME L�iq rIPS 'Ya v.]`ty
TITLE Orl\('�- U' k I 1 [e_
DATE \ — \— I 5-
FUN
FEID# ::3 C (C)CD C--) -Di 0
FOR THE DEPARTMENT OF CORRECTIONS Approved as to form and legality,
subject to execution
SIGNED
r NED � ( ( a � ; SIGNED
; / BY f��
F V
NAME Kelley J4 o NAME Kenneth S Steely
TITLE Director,Office of Administration TITLE General Counsel
1 Department of Corrections Department of Corrections
DATE I/5 NP DATE / D.4 1-3' ( )-----
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Attachment A
BUSINESS ASSOCIATE AGREEMENT
This Business Associate Agreement supplements and is made a part of this Agreement between the Florida
Department of Corrections ("Department") and Clermont Police Department ("Contractor/Participating
Entity/Agency"),(individually,a"Party"and collectively referred to as"Parties").
Whereas,the Department creates or maintains, or has authorized the Contractor to receive, create, or maintain
certain Protected Health Information("PHI,")as that term is defined in 45 C.F.R. §164.501 and that is subject
to protection under the Health Insurance Portability and Accountability Act of 1996,as amended.("HIPAA");
Whereas, the Department is a "Covered Entity" as that term is defined in the HIPAA implementing
regulations, 45 C.F.R. Part 160 and Part 164, Subparts A, C, and E, the Standards for Privacy of Individually
Identifiable Health Information ("Privacy Rule") and the Security Standards for the Protection of Electronic
Protected Health Information("Security Rule");
Whereas,the Contractor may have access to Protected Health Information in fulfilling its responsibilities under
its contract with the Department;
Whereas, the Contractor is considered to be a "Business Associate" of a Covered Entity as defined in the
Privacy Rule;
Whereas, pursuant to the Privacy Rule, all Business Associates of Covered Entities must agree in writing to
certain mandatory provisions regarding the use and disclosure of PHI;and
Whereas,the purpose of this Agreement is to comply with the requirements of the Privacy Rule, including,but
not limited to,the Business Associate contract requirements of 45 C.F.R. §164.504(e).
Whereas,in regards to Electronic Protected Health Information as defined in 45 C.F.R. § 160.103, the purpose
of this Agreement is to comply with the requirements of the Security Rule, including, but not limited to, the
Business Associate contract requirements of 45 C.F.R. §164.314(a).
Now,therefore, in consideration of the mutual promises and covenants contained herein, the Parties agree as
follows:
1. Definitions
Unless otherwise provided in this Agreement, any and all capitalized terms have the same meanings as set
forth in the HIPAA Privacy Rule, HIPAA Security Rule or the HITECH Act. Contractor acknowledges and
agrees that all Protected Health Information that is created or received by the Department and disclosed or
made available in any form, including paper record, oral communication, audio recording, and electronic
display by the Department or its operating units to Contractor or is created or received by Contractor on the
Department's behalf shall be subject to this Agreement.
2. Confidentiality Requirements
A. Contractor agrees to use and disclose Protected Health Information that is disclosed to it by
the Department solely for meeting its obligations under its agreements with the Department,
in accordance with the terms of this agreement, the Department's established policies rules,
procedures and requirements,or as required by law,rule or regulation.
B. In addition to any other uses and/or disclosures permitted or authorized by this Agreement or
required by law,Contractor may use and disclose Protected Health Information as follows:
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Attachment A
(1) if necessary for the proper management and administration of the Contractor and to
carry out the legal responsibilities of the Contractor, provided that anysuch
P°
disclosure is required by law or that Contractor obtains reasonable assurances from
the person to whom the information is disclosed that it will be held confidentially and
used or further disclosed only as required by law or for the purpose for which it was
disclosed to the person, and the person notifies Contractor of any instances of which
it is aware in which the confidentiality of the information has been breached;
(2) for data aggregation services, only if to be provided by Contractor for the health care
operations of the Department pursuant to any and all agreements between the Parties.
For purposes of this Agreement, data aggregation services means the combining of
protected health information by Contractor with the protected health information
received by Contractor in its capacity as a Contractor of another covered entity, to
permit data analyses that relate to the health care operations of the respective covered
entities.
(3) Contractor may use and disclose protected health information that Contractor obtains
or creates only if such disclosure is in compliance with every applicable requirement
of Section 164.5O4(e) of the Privacy relating to Contractor contracts. The additional
requirements of Subtitle D of the HITECH Act that relate to privacy and that are
made applicable to the Department as a covered entity shall also be applicable to
Contractor and are incorporated herein by reference.
C. Contractor will implement appropriate safeguards to prevent use or disclosure of Protected
Health Information other than as permitted in this Agreement. Further, Contractor shall
implement administrative, physical, and technical safeguards that reasonably and
appropriately protect the confidentiality, integrity, and availability of Electronic Protected
Health Information that it creates, receives, maintains, or transmits on behalf of the
Department. The Secretary of Health and Human Services and the Department shall have the
right to audit Contractor's records and practices related to use and disclosure of Protected
Health Information to ensure the Department's compliance with the terms of the HIPAA
Privacy Rule and/or the HIPAA Security Rule.
Further, Sections 164.308 (administrative safeguards). 164.310 (physical safeguards),
164.312 (technical safeguards), and 164.316 (policies and procedures and documentation
requirements) of the Security Rule shall apply to the Contractor in the same manner that such
sections apply to the Department as a covered entity. The additional requirements of the
HITECH Act that relate to security and that are made applicable to covered entities shall be
applicable to Contractor and are hereby incorporated by reference into this BA Agreement.
D. Contractor shall report to Department any use or disclosure of Protected Health Information,
which is not in compliance with the terms of this Agreement as well as any Security incident
of which it becomes aware. Contractor agrees to notify the Department, and include a copy
of any complaint related to use, disclosure, or requests of Protected Health Information that
the Contractor receives directly and use best efforts to assist the Department in investigating
and resolving such complaints. In addition, Contractor agrees to mitigate, to the extent
practicable,any harmful effect that is known to Contractor of a use or disclosure of Protected
Health Information by Contractor in violation of the requirements of this Agreement.
Such report shall notify the Department of:
1) any Use or Disclosure of protected health information(including Security Incidents)
not permitted by this Agreement or in writing by the Department;
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Attachment A
2) any Security Incident;
3) any Breach,as defined by the HITECH Act; or
4) any other breach of a security system, or like system, as may be defined under
applicable State law(Collectively a"Breach").
Contractor will without unreasonable delay, but no later than seventy-two (72) hours after
discovery of a Breach,send the above report to the Department.
Such report shall identify each individual whose protected health information has been, or is
reasonably believed to have been, accessed, acquired, or disclosed during any Breach
pursuant to 42 U.S.C.A. § 17932(b). Such report will:
1) Identify the nature of the non-permitted or prohibited access, use, or disclosure,
including the nature of the Breach and the date of discovery of the Breach.
2) Identify the protected health information accessed, used or disclosed, and provide an
exact copy or replication of that protected health information.
3) Identify who or what caused the Breach and who accessed, used, or received the
protected health information.
4) Identify what has been or will be done to mitigate the effects of the Breach;and
5) Provide any other information, including further written reports, as the Department
may request.
E. In accordance with Section 164.5O4(e)(1)(ii) of the Privacy Rule, each party agrees that if it
knows of a pattern of activity or practice of the other party that constitutes a material breach
of or violation of the other party's obligations under the BA Agreement, the non-breaching
party will take reasonable steps to cure the breach or end the violation, and if such steps are
unsuccessful,terminate the contract or arrangement if feasible. If termination is not feasible,
the party will report the problem to the Secretary of Health and Human Services (federal
government).
F. Contractor will ensure that its agents, including a subcontractor, to whom it provides
Protected Health Information received from, or created by Contractor on behalf of the
Department, agree to the same restrictions and conditions that apply to Contractor, and apply
reasonable and appropriate safeguards to protect such information. Contractor agrees to
designate an appropriate individual (by title or name) to ensure the obligations of this
agreement are met and to respond to issues and requests related to Protected Health
Information. In addition, Contractor agrees to take other reasonable steps to ensure that its
employees' actions or omissions do not cause Contractor to breach the terms of this
Agreement.
G. Contractor shall secure all protected health information by a technology standard that renders
protected health information unusable, unreadable, or indecipherable to unauthorized
individuals and is developed or endorsed by a standards developing organization that is
accredited by the American National Standards Institute and is consistent with guidance
issued by the Secretary of Health and Human Services specifying the technologies and
methodologies that render protected health information unusable, unreadable, or
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Attachment A
indecipherable to unauthorized individuals, including the use of standards developed under
Section 3002(b)(2XBXvi)of the Public Health Service Act, pursuant to the HITECH Act,42
U.S.C.A. § 300jj-11, unless the Department agrees in writing that this requirement is
infeasible with respect to particular data. These security and protection standards shall also
apply to any of Contractor's agents and subcontractors.
H. Contractor agrees to make available Protected Health Information so that the Department may
comply with individual rights to access in accordance with Section 164.524 of the HIPAA
Privacy Rule. Contractor agrees to make Protected Health Information available for
amendment and incorporate any amendments to Protected Health Information in accordance
with the requirements of Section 164.526 of the HIPAA Privacy Rule. In addition,
Contractor agrees to record disclosures and such other information necessary, and make such
information available, for purposes of the Department providing an accounting of disclosures,
as required by Section 164.528 of the HIPAA Privacy Rule.
I. The Contractor agrees, when requesting Protected Health Information to fulfill its contractual
obligations or on the Department's behalf, and when using and disclosing Protected Health
Information as permitted in this contract, that the Contractor will request, use, or disclose
only the minimum necessary in order to accomplish the intended purpose.
3. Obligations of Department
A. The Department will make available to the Business Associate the notice of privacy practices
(applicable to offenders under supervision, not to inmates) that the Department produces in
accordance with 45 CFR 164.520,as well as any material changes to such notice.
B. The Department shall provide Business Associate with any changes in,or revocation of,
permission by an Individual to use or disclose Protected Health Information, if such changes
affect Business Associate's permitted or required uses and disclosures.
C. The Department shall notify Business Associate of any restriction to the use or disclosure of
Protected Health Information that impacts the business associate's use or disclosure and that
the Department has agreed to in accordance with 45 CFR 164.522 and the HITECH Act.
4. Termination
A. Termination for Breach- The Department may terminate this Agreement if the Department
determines that Contractor has breached a material term of this Agreement. Alternatively,the
Department may choose to provide Contractor with notice of the existence of an alleged
material breach and afford Contractor an opportunity to cure the alleged material breach. In
the event Contractor fails to cure the breach to the satisfaction of the Department, the
Department may immediately thereafter terminate this Agreement.
B. Automatic Termination- This Agreement will automatically terminate upon the termination
or expiration of the original contract between the Department and the Contractor.
C. Effect of Termination
(1) Termination of this agreement will result in termination of the associated contract
between the Department and the Contractor.
(2) Upon termination of this Agreement or the contract,Contractor will return or destroy
all PHI received from the Department or created or received by Contractor on behalf
of the Department that Contractor still maintains and retain no copies of such PHI;
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provided that if such return or destruction is not feasible, Contractor will extend the
protections of this Agreement to the PHI and limit further uses and disclosure to
those purposes that make the return or destruction of the information infeasible.
5. Amendment - Both parties agree to take such action as is necessary to amend this Agreement from
time to time as is necessary to comply with the requirements of the Privacy Rule,the HIPAA Security
Rule,and the HITECH Act.
6. Interpretation - Any ambiguity in this Agreement shall be resolved to permit the Department to
comply with the HIPAA Privacy Rule and/or the HIPAA Security Rule.
7. Indemnification—The Contractor shall be liable for and agrees to be liable for,and shall indemnify,
defend, and hold harmless the Department, its employees, agents, officers, and assigns from any and
all claims, suits,judgments, or damages including court costs and attorneys' fees arising out or in
connection with any non-permitted or prohibited Use or Disclosure of PHI or other breach of this
Agreement, whether intentional, negligent or by omission, by Contractor, or any sub-contractor of
Contractor, or agent, person or entity under the control or direction of Contractor. This
indemnification by Contractor includes any claims brought under Title 42 USC §1983, the Civil
Rights Act.
8. Miscellaneous -Parties to this Agreement do not intend to create any rights in any third parties. The
obligations of Contractor under this Section shall survive the expiration, termination, or cancellation
of this Agreement, or any and all other contracts between the parties, and shall continue to bind
Contractor, its agents,employees, contractors, successors, and assigns as set forth herein for any PHI
that is not returned to the Department or destroyed.
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