Okaloosa County BOCC — October 7, 2014 — AH105 OKALOOSA BCC amendment #7 renewal Fully Executed — reading text

the sponsorship reference is in written material, the words "Big Bend Community Based Care and the State of Florida, Department of Children and Families" shall appear in at least the same size letters or type as the name of the organization. 22. Publicity Without limitation, the Provider and its employees, agents, and representatives will not, without prior BBCBC written consent in each instance, use in advertising, publicity or any other promotional endeavor any BBCBC or Department branding, , the name of BBCBC/PSYCHCARE or the Department or any affiliate or any officer or employee of BBCBC/PSYCHCARE or the Department , or represent, directly or indirectly, that any product or service provided by the Provider has been approved or endorsed by BBCBC/PSYCHCARE or the Department, or refer to the existence of this contract in press releases, advertising or materials distributed to the Provider’s prospective customers. 23. Gratuities The Provider agrees that it will not offer to give or to give any gift to any employee of BBCBC/PSYCHCARE or the Department, and the Provider shall not receive any gift from an employee of BBCBC/PSYCHCARE or the Department. As part of the consideration for this contract, the parties 14 8/25/14 Contract #AH105 Standard A intend that this provision will survive the subcontract for a period of two (2) years. In addition to any other remedies available to BBCBC/PSYCHCARE, any violation of this provision will result in referral of the Provider's name and description of the violation of this term to the Department of Management Services for the potential inclusion of the Provider's name on the suspended vendors list for an appropriate period. The Provider will ensure that its subcontractors, if any, comply with these provisions. 24. Patents, Copyrights, and Royalties a. It is agreed that all intellectual property, inventions, written or electronically created materials, including manuals, presentations, films, or other copyrightable materials, arising in relation to Provider's performance under this subcontract, and the performance of all of its officers, agents and subcontractors in relation to this contract, are works for hire for the benefit of BBCBC/PSYCHCARE and the Department, fully compensated for by the contract amount, and that neither the Provider nor any of its officers, agents nor subcontractors may claim any interest in any intellectual property rights accruing under or in connection with the performance of this contract. It is specifically agreed that BBCBC/PSYCHCARE and the Department shall have exclusive rights to all data processing software falling within the terms of section 119.084, F.S., which arises or is developed in the course of or as a result of work or services performed under this contract:, or in any way connected herewith, If the Provider uses or delivers to BBCBC/PSYCHCARE or the Department for its use or the use of its employees, agents or contractors, any design, device, or materials covered by letters, patent, or copyright, it is mutually agreed and understood without exception that the compensation paid pursuant to this subcontract includes all royalties or costs arising from the use of such design, device, or materials in any way involved in the work contemplated by this contract. All applicable subcontracts shall include a provision that the Federal awarding agency reserves all patent rights with respect to any discovery or invention that arises or is developed in the course of or under the subcontract. 25. Information Security Obligations a. 8/25/14 An appropriately skilled individual shall be identified by the Provider to function as its Data Security Officer. The Data Security Officer shall act as the liaison to the BBCBC/PSYCHCARE designated Data Security Officer and will maintain an appropriate level of data security for the information the Provider is collecting or using in the performance of this contract. An appropriate level of security includes approving and tracking all Provider employees that request or have access to any departmental data system or information. The Data Security Officer will ensure that user access to the data system or information has been removed from all terminated Provider employees. The Provider shall provide the latest Departmental security awareness training to its staff and subcontractors who have access to Departmental information. All Provider employees who have access to Departmental information shall comply with, and be provided a copy of CFOP 50-2 Security Awareness Form, and shall sign the OCF Security Agreement form CF 0114 annually. A copy of CF 0114 may be obtained from BBCBC/PSYCHCARE. The Provider shall make every effort to protect and avoid unauthorized release of any 15 Contract #AH105 Standard A personal or confidential information by ensuring both data and storage devices are encrypted as prescribed in CFOP 50-2. If encryption of these devices is not possible, then the Provider shall assure that unencrypted personal and confidential data will not be stored on unencrypted storage devices. The Provider shall require the same of all subcontractors. e. The Provider agrees to notify the BBCBC designated Data Security Officer as soon as possible, but no later than five (5) business days following the determination of any breach or potential breach of personal and confidential data. The Provider shall require the same notification requirements of all subcontractors. £ The Provider shall provide notice to affected parties no later than 45 days following the determination of any potential breach of personal or confidential data provided in section 817.5681, F.S. The Provider shall require the same notification requirements of all subcontractors. 26. Provider Employment Opportunities a. Agency for Workforce Innovation and Workforce Florida: The Provider understands that the Department, the Agency for Workforce Innovation, and Workforce Florida, Inc., have jointly implemented an initiative to empower recipients in the Temporary Assistance to Needy Families Program to enter and remain in gainful employment. BBCBC encourages Provider participation with the Agency for Workforce Innovation and Workforce Florida. b. Transitioning Young Adults: The Provider understands the Department's Operation Full Employment initiative to assist young adults aging out of the dependency system. The department encourages Provider participation with the local Community-Based Care Lead Agency Independent Living Program to offer gainful employment to youth in foster care and young adults transitioning from the foster care system. 27. Health Insurance Portability and Accountability Act Protected health information means information, including demographic information collected from an individual, that (i) is created or received by a health care provider, health plan, employer, or health care clearinghouse; and (ii) relates to the past, present, or future physical or mental health condition, or condition of an individual, the provision of health care to an individual, or the past, present, or future payment for the provision of health care to an individual, and (iii) identifies the individual; or (iv) with respect to which there is a reasonable basis to believe that the information can be used to identify the individual. Protected health information shall be used solely to perform. The Provider shall, where applicable, comply with the Health Insurance Portability and Accountability Act (42 USC 13204) as well as all regulations promulgated there-under (45 CFR Parts 160, 162, and 164). Specifically, the Provider agrees to implement adequate safeguards to assure that protected health information (“PHI”), including electronic PHI, is used and disclosed only in accordance with HIPAA. Such safeguards include, but are not limited to, implementing written policies and procedures regarding confidentiality and security, developing a Notice of Privacy Practices, adequately training staff, and obtaining business associate agreements as appropriate. a. Provider hereby agrees not to use or disclose PHI other than as permitted or required by this Subcontract, state or federal law. 16 8/25/14 Contract #AH105 Standard A Provider agrees to use appropriate safeguards to prevent use or disclosure of PHI other than as provided for by this Subcontract or applicable law. Provider agrees to report to BBCBC/PSYCHCARE any use or disclosure of PHI not provided for by this Subcontract or applicable law. Provider hereby assures BBCBC/PSYCHCARE that if any PHI received from BBCBC/PSYCHCARE, or received by Service Provider on BBCBC's behalf, or is furnished to BBCBC's/PSYCHCARE’s subcontractors or agents in the performance of tasks required by this contract, that those subcontractors or agents must first have agreed to the same restrictions and conditions that apply to the Provider with respect to such information. Provider agrees to make PHI available in accordance with 45 C.F.R. § 164.524. Provider agrees to make PHI available for amendment and to incorporate any amendments to PHI in accordance with 45 C.F.R. § 164.526. Provider agrees to make available the information required to provide an accounting of disclosures in accordance with 45 C.F.R. § 164.528. Provider agrees to make its internal practices, books and records relating to the use and disclosure of PHI received from BBCBC/PSYCHCARE or created or received by the Provider on behalf of BBCBC/PSYCHCARE available to BBCBC/PSYCHCARE, the Department or the Secretary of the United States Department of Health and Human Services for purposes of determining the Provider's compliance with these assurances. Provider agrees that at the termination of this Subcontract, if feasible and where not inconsistent with other provisions of this Subcontract concerning record retention, it will, at BBCBC's option, return or destroy all PHI received from BBCBC/PSYCHCARE or received by the Provider on behalf of BBCBC/PSYCHCARE, that the Performance Improvement Plan still maintains regardless of form. If not feasible, the protections of this contract are hereby extended to that PHI which may then be used only for such purposes as make the return or destruction infeasible. A violation or breach of any of these assurances shall constitute a material breach of this Subcontract and shall allow BBCBC to terminate the contract in accordance with Section 23 of this Subcontract herein. 28. Emergency Preparedness a. 8/25/14 If the tasks to be performed pursuant to this contract include the physical care or supervision of clients, the Provider shall, within thirty (30) days of the execution of this contract, submit to BBCBC an emergency preparedness plan which shall include provisions for records protection, alternative accommodations for clients in substitute care, supplies, and a recovery plan that will allow the Provider to continue functioning in compliance with the executed contract in the event of an actual emergency. For the purpose of disaster planning, the term supervision includes the responsibility of the Department, BBCBC or its subcontracted agents to ensure the safety, permanency and well-being of a child who is under the jurisdiction of a dependency court. Children may remain in their homes, be placed in a non-licensed 17 Contract #AH105 Standard A relative/non-relative home, or be placed in a licensed foster care setting. BBCBC agrees to respond in writing within thirty (30) days of receipt of the plan accepting, rejecting, or requesting modifications. In the event of an emergency BBCBC may exercise oversight authority over such Provider in order to assure implementation of agreed emergency relief provisions. 29. Reporting Property Lost, Stolen or Unaccounted For a. Provider shall complete an annual inventory report of all property of a non-consumable and non-expendable nature purchased by the Provider with funds provided by this