HomeMy WebLinkAboutCORRESPONDENCE - RFP - 7170 MAIL SERVICES (4)City Of
//��®rt C®llons
its
March 16, 2011
The Feet Inc
Attn: Mr. Larry Dolgin
622 Sherry Drive
Fort Collins, CO 80524
RE: 7170 Mail Services Amendment #2
Dear Mr. Dolgin:
Financial Services
Purchasing Division
215 North Mason Street
2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707 - fax
fcgov.com/Purchasing
Enclosed please find your copy of the signed agreement for the above -mentioned matter.
Sincerely,
Jame .O'Neill II, CPPO, FNIGP
Q�ce or of Purchasing and Risk Management
Encl: Agreement
Amendment #2
Mailing Services 2011
HIPAA Business Associate Agreement
This Amendment is entered into this 15tb day of March, 2011, between the City of Fort Collins ("the
City"), acting on behalf of The City's Healthcare Plans (the "Plans"), and The Feet ("Business Associate").
This Amendment is incorporated into the Mailing Services 2011 Services Agreement between the City
and The Feet, dated March 1, 2011 (the "Agreement"). The parties intend to use the Agreement to
satisfy the Business Associate contract requirements in the regulations at 45 CFR 164.502(e), 164.504(e)
and 164.314(a), issued under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"),
as amended by Title XIII, Subtitle D of the American Recovery and Reinvestment Act of 2009 (P.L. 111-5)
and regulations promulgated there under; and for further applicable HIPAA developments published after
enactment of P.L. 111-5, including statutes, case law, regulations and other agency guidance.
1. Effective as of March 14, 2011, the Agreement shall be amended by adding the following provision:
Enactment and Impact of ARRA Provisions. Business Associate acknowledges that enactment of
the American Recovery and Reinvestment Act of 2009 (P.L. 111-5, ARRA) amended certain
provisions of HIPAA in ways that now directly regulate, or will on future dates directly regulate,
Business Associate's obligations and activities under HIPAA's Privacy Rule and Security Rule.
Requirements applicable to Business Associate under Title XIII, Subtitle D of ARRA are hereby
incorporated by reference into the Agreement, including provisions that would govern the Plan's
action if the Business Associate undertakes that action on behalf of the Plan. Business Associate
agrees to comply, as of the applicable effective dates of each such HIPAA obligation relevant to
Business Associate, with the requirements imposed by ARRA, including monitoring federal guidance
and regulations published there under and timely compliance with such guidance and regulations.
Further, notwithstanding any other provision of the Agreement or underlying services contract
between the parties, Business Associate agrees to pay all penalties and reasonable expenses,
including those incurred for reasonable remediation, which are assessed or finally determined by a
court of competent jurisdiction to be result of Business Associate (or its agent's) failure to comply with
its HIPAA obligations or through contractual agreement between the Business Associate and Plan.
In consequence of the foregoing direct regulation of Business Associate by HIPAA laws and
regulations, notwithstanding any other provision of the Agreement, Business Associate further agrees
to monitor HIPAA Privacy and Security requirements imposed by future laws and regulations, and to
timely comply with such requirements when acting for or on behalf of the Plan in its capacity as a
Business Associate.
IN WITNESS WHEREOF, each of the parties has caused this Amendment to be signed on its behalf by a
duly authorized officer of such party as of the date written below.
City o o Collins, Colorado
By: By:
Jame B O'Neill Il, CPPO
Director of Purchas716
& Risk Mgt.
Date: Dat