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HomeMy WebLinkAbout2015 Ordinance No. 052, . . • • • ORDINANCE NO .~;)- SERlES OF2015 BY AUTHORITY COUNCIL BILL NO. 56 INTRODUCED BY COUNCIL MEMBER OLSON AN ORDINANCE AUTIIORIZING A MEMORANDUM OF UNDERSTANDING 2015 -2019 BElWEEN ARAPAHOE COUNTY DEPARTMENT OF HUMAN SERVICES DMSION OF CHILDREN, YOUIH AND FAMILY SERVICES AND ARAPAHOE COUNTY SHERIFF'S OFFICE, ARAPAHOE COMMUNITY COLLEGE CAMPUS POLICE DEPARTMENT, AURORA POLICE DEPARTMENT, TOWN OF BOW MAR POLICE DEPARTMENT, CHERRY HILLS VILLAGE POLICE DEPARTMENT, GLENDALE POLICE DEPARTMENT, COLUMBINE VALLEY POLICE DEPARTMENT, GREENWOOD VILLAGE POLICE DEPARTMENT, LITTLETON POLICE DEPARTMENT, SHERIDAN POLICE DEPARTMENT AND THE ENGLEWOOD POLICE DEPARTMENT TO PROVIDE A COOPERATIVE WORKING RELATIONSHIP BETWEEN LAW ENFORCEMENT AND CHILD PROTECTION AGENCIES IN ARAPAHOE COUNTY TO PROTECT ENDANGERED CHILDREN. WHEREAS, Colorado Revised Statute§ 19-3-304 and§ 19-3-307 require that incidents of known or suspected child abuse or neglect be reported to the Human Services or local law enforcement agency; and requires incidents of known or suspected child abuse or neglect be reported to Human Services or the local law enforcement agency; and WHEREAS , abuse and neglect are community problems requiring cooperation and complementary responses by law enforcement and child protection agencies to protect endangered children; and WHEREAS, referrals and cooperation between law enforcement agencies and Human Services arc necessary to assure prompt action, protection of the child; and WHEREAS, Colorado Revised Statute §19-3-308(5 .5) declares that the Colorado legislature intends that County Department of Human Services enter into cooperative agreements with law enforcement agencies to coordinate the duties of each agency in connection with the investigation of all child abuse or neglect cases; and WHEREAS, the passage of this Ordinance authorizes an Memorandum of Understanding 2015- 2019 between Arapahoe County Department of Human Services Division of Children, Youth and Family Services and Arapahoe County Sheriff's Office, Aurora Police Department, Town of Bow Mar Police Department, Cherry Hills Village Police Department, Glendale Police Department, Columbine Valley Police Department, Greenwood Village Police Department, Littleton Police Department, Sheridan Police Department and the Englewood Police Department to provide a cooperative working relationship between law enforcement and child protection agencies in Arapahoe County to protect endangered children to coordinate the duties of each agency in connection with the investigation of all child abuse or neglect cases . I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCn.. OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes a Memorandum of Understanding 2015-2019 between Arapahoe County Department of Human Services Division of Children, Youth and Family Services and Arapahoe County Sheriff's Office, Aurora Police Department, Town of Bow Mar Police Department, Cherry Hills Village Police Department, Glendale Police Department, Columbine Valley Police Department, Greenwood Village Police Department, Littleton Police Department, Sheridan Police Department and the Englewood Police Department to provide a cooperative working relationship between law enforcement and child protection agencies in Arapahoe County to protect endangered children to coordinate the duties of each agency in connection with the investigation of all child abuse or neglect cases, attached hereto as Exhibit A. Section 2. The Chief of Police of the City of Englewood is hereby authorized to sign said Memorandum of Understanding 2015-2019 for and on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 2nd day of November, 2015. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 5th day of November, 2015. Published as a Bill for an Ordinance on the City's official website beginning on the 4th day of November, 2015 for thirty (30) days. Read by title and passed on final reading on the 16th day of November, 2015. Published by title in the City's official newspaper as Ordinance No. 5),--series of 2015, on the day of 19th, 2015 . Published by title on the City's official website beginning on the 18 th day of November, 2015 for thirty (30) days. ,Mayor I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is ~e copy of the Ordinance passed on final reading and published by title as Ordinance No. ~cries of 201 S. • • • • • MEMORANDUM OF UNDERSTANDING 2015-2019 COOPERATIVE AGREEMENT BETWEEN ARAPAHOE COUNTY DEPARTMENT OF HUMAN SERVICES DIVISION OF CHILDREN, YOUTH AND FAMILY SERVICES AND ARAPAHOE COUNTY SHERIFF'S OFFICE ARAPAHOE COMM'QNITY COLLEGE CAMPUS POLICE DEPARTMENT AURORA POLICE DEPARTMENT TOWN OF BOW MAR POLICE DEPARTMENT CHERRY HILLS VILLAGE POLICE DEPARTMENT ENGLEWOOD POLICE DEPARTMENT GLENDALE POLICE DEPARTMENT COLUMBINE VALLEY POLICE DEPARTMENT GREENWOOD VILLAGE POLICE DEPARTMENT LITTLETON POLICE DEPARTMENT SHERIDAN POLICE DEPARTMENT THIS AGREEMENT. is entered into this 1st day of July. 201 S, by and between the Arapahoe County Department of Human Services Division of Children, Youth and Family Services, hereinafter referred to as "Hwnan Services" and Arapahoe County Sherifrs Office, Arapahoe Community College Campus Police Depanment, Aurora Police Department, Town of Bow Mar Police Department, Cherry Hills Police Department, Englewood Police Department, Glendale Police Department, Columbine Valley Police Department, Greenwood Village ~oJice Department, Littleton Police Department and Sheridan Police Department, hereinafter collective.Iy referred to as "Law Enforcement Agencies". The Human Services and Lnw Enfonnent Agencies constitute "the Parties" as ref ere need hereinafter in this agreement. WHEREAS, abuse and neglect are community problems requiring cooperation and complementary responses by law enforcement and child protection agencies to protect endangered children; and WHEREAS, C.R.S § 19-3-304 and § 19-3-307 require that incidents of known or suspected child abuse or neglect be reported to the Human Services or local Law Enforcement Agency; and WHEREAS, referrals and cooperation between Law Enforcement Agency and Human Services are necessary to assure prompt action, protection of the child, and actions as required by law; and WHEREAS, C.R.S. § 19-3-308(5.5) declares that the State legislature intends that county departments of human services enter into cooperative agreements with law enforcement agencies I • f X I H 1 t I ' • T to coordinate the duties of each agency in coMection with the investigation of nil child abuse or neglect cases. NOW, THEREFORE , the parties herein agree as follows: I. RESPONSIBILITIES OF HUMAN SERVICES AND LAW ENFORCEMENT AGENCIES A. Human Services will notify lhe appropriate Law Enforcement Agency of reports of known or suspected child abuse or neglect, and provide copies of the report to the respective Law Enforcement Agencies, as required by C.R.S . § 19-3-307(3 ). B. Law Enforcement Agencies will notify Child Protection Services of the Arapahoe County Department of Human Services of any report of known or suspected intrafamilial child abuse or neglect received by such Law Enforcement Agencies. Such notice will be provided even where the Law Enforcement Agency will be the only entity conducting an investigation. C. If the incident involves the death of a child, Law Enforcement Agencies shall notify Human Services immediately regardless of the cause of death . D. Once each appropriate Law Enforcement Agency and Child Protection Services of Human Services have been notified of a particular case of known or suspected child abuse or neglect, the methods of investigation and the priority of the case shall be mutually determined on a case-by-case basis.Joint investigations shall be conducted to the extent possible and 4cemed appropriate. Human Services shall coordinate the investigations of all incidents of known· or suspected intmfamilial child abuse/neglect and institutional abuse/neglect. E. Cases deemed appropriate for joint investigation between Child Protection Services "CPS" of Human Services and the Law Enforcement Agency shall include, but are not limited to, the following: 1. Death of a child; 2. Physical abuse or the risk thereof; 3. Familial and quasi-familial sexual abuse (by parents, guradian, stepparent. boyfriend, girlfriend, and other persons who reside in the child's home); 4, Environmental neglect; S. Possibility of need for placement or protective custody; 6. Suspected danger to caseworkers/investigators from threatening, belligerent adults; 7. Nonfamilial sexual abuse when alleged perpetrator has children under 18 or there are protective issues for suspected victims; 8. When it appears that the suspected perpetrator may flee; 9. When parent refuses access to the children by CPS or refuses medical examination of the children; • 1 O. Physical or sexual abuse and/or neglect in such institutional settings such es a foster home, group home, day c~e home, residential child care facility or institution; 1 I. Conditions suggesting the need for an arrest or the issuance of a summons and complaint; 12. Drug exposed infants; 13. Any case in which, in the prescence of a child, or on the premise where a child is found , or where a child resides, a controlled substance, is manufactured or attempted to be manufactured; or, 14. Any known or suspected child abuse/neglect or a crime has occurred as a result. F. Cases deemed appropriate for investigation solely by Child Protection Services of Human Services shall include, but are not limited to, the following: I. Mild physical abuse; 2. Fetal Alcohol Syndrome; 3. Medical neglect (failure to provide medically indicated treatment to disabled children with Jife threatening conditions); 4. Third party abuse or neglect when alleged perpetrator under age l O; 5. Educational ncglect;or, 6. Emotional abuse. G. Cases deemed appropriate for investigations soley by law enforcement shall include, but are not limited to, the following: I . Third party abuse or neglect when alleged perpetrator is over the age l 0. Third party includes, but is not Jimited to babysitters, nannies, teachers, school pcrsoMel, neighbors, etc. H. Law Enforcement Agencies shall promptly provide Human Services with all written reports of third party investigations. I. The undersigned agencies agree to adopt specific procedures and protocol for the purpose of implementing the terms of this cooperative agreement, i.e. coordinate with school districts if necessary. J . Human Services shall be responsible for ensuring that all parents and famiUes from whom children are removed under court order or by Law Enforcement Agency personnel are provided with a copy of T11e Notice of Rights and Remedies (attached) at the time of the child's removal . K. Human Services and Law Enforcement Agencies understand the need to share information, records and repons when investigating known or suspected incidents of child abuse or neglect. L. This Agreement shall be etfective from July 1, 2015 and shall expire on June 30, 2019. The Parties will renew this Agreement every four years. This Agreement may be modified or amended only by a duly authorized written instrument executed by the parties hereto . Human Services will modify or amend the Agreement as needed to ensure compliance with revisions made to Section 7.601.2A during the current contract tenn. Human Services will provide the Colorado Department of Human Services with a copy of the signed cooperative agreement with Law Enforcement Agencies within thirty (30) days of signature. II. USE OF CONFIDENTIAL INFORMATION A. The Law Enforcement Agency acknowledges and agrees that the Law Enforcement Agency shall not at any time, during or after the term of this Agreement with the County, purposely access, use, reveal or disclose Patient Health Information ("PHI") to any persons outside of the Law Enforcement Agency, or the Law Enforcement Agency's employees, ~ as may be required in the course of providing the services under the tenns of this Agreement, or as required by federal, state or local law. B. The Law Enforcement Agency shall take reasonable steps to insure that the employees of the Law Enforcement Agency comply with the provisions of this Section Il, and the various Federal and State laws regulating the disclosure of PHI. C. This PHI is subject to protection under state and federal law, including the Health Insurance and Portability and Accountability Act of 1996, Public Law 104-191 • (''HIPAA"). The Law Enforcement Agency specifically agrees to safeguard and protect A the confidentiality of PHI consistent with applicable law, including currently effective 'W' provisions of HIPAA and the Regulations. The attached HIPAA Business Associate Addendum and Attachment A are both incorporated herein and made a part of this agrcemenl III. MISCELLANEOUS A. Responsjbility for leiability; Each party agrees to be responsible for all liability, losses, damages, claims, or causes of action, and related expenses, (including determinations related to utilization review), which result from its acts or omissions, and those of its directors, employees or agents or representatives arising from their duties and obligations under this contract B. Governmental Immunity. All activities performed under this Agreement are hereby declared to be governmental functions. The parties to this Agreement, and their personnel complying with or reasonably attempting to comply with this Agreement or any ordinance, order, rule, or regulation enacted or promulgated pursuant to the provisions of this Agreement shall be deemed to be operating within the scope of their duties and responsibilities and in furtherance of said governmental functions. C. Ng Waiver Under COIA. Nothing in this Agreement shall be construed as a waiver by either party of the protections afforded them pursuant to the Colorado Governmental Immunity Act, Sections 24-10-101, et seq., C.R.S. ("CGIA") as same may be amended • • from time to time. Specifically, neither party waives the monetary limitations or any other rights, immunities or protections afforded by the CGIA or otherwise available at law. If any waiver by the Law Enforcement Agency results in a waiver of protections afforded to the County. the Law Enforcement Aaency, to the extent allowed by law, shall indemnify and hold harmless the County for such actions. If any waiver by the County results in a waiver of the protections afforded to the Law Enforcement Agency, the County shall, to the extent allowed by law, indemnify and hold hannlcss the Law Enforcement Agency for such actions. D. Backiround Checks, The Law Enforcement Agency 181 shall D shall not conduct. or cause to be conducted, criminal background checks of al least a seven year period on all of its employees, agents or subcontractors who may, while performing work under this Agreement, come into contact with persons receiving services by or from the County. If the Law Enforcement Agency is required to conduct, or cause to be conducted, background checks pursuant to this paragraph, any of the Law Enforcement Agency's employees, agents or subcontractors with a record indicating felony violations, questionable character or possible security risk shall not be placed in any work activity under this Agreement that may result in contact with persons receiving services by or from the County. E. Severability, In the event that any of the provisions of this Agreement shall be held to be invalid or unenforceable, the remaining provisions shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. F. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the parties and supersedes any prior agreement or understanding relating to the subject matter of this Agreement. G. Survival, The rights and obligations of the parties shall survive the tenn of this Agreement to the extent that any perfonnance is required under this Agreement after the expiration or termination of this Agreement. H. Notices. Any notice to be given hereunder by any party to another party may be effected in writing by personal delivery, or by mail, certified with postage prepaid, or by overnight delivery service. Notices sent by mail or by an overnight delivery service shall be addressed to the parties at the addresses appearing following their signatures below, but either party may change its address by written notice in accordance with this paragraph. I. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Colorado without regard to the conflict of Jaws of such State. J. Ggod Faith, The parties agree to work together in good faith in performing their obligations hereunder. Q. Countcmarts. This Agreement may be executed in counterparts. IN WITNESS WHEREOF, the parties have caused this Cooperative Agreement Memorandum of Understanding to be executed by its duly authorized representative as of July I, 201S. SIGNED BY: Director Cheryl Ternes Arapahoe County Department of Human Services 14980 E. Alameda Drive Aurora, CO 80012 Sheriff David C. Watcher Arapahoe County Sherifrs Office 1310 I Broncos Parkway Centennial, CO 80 I 12 Chief Joseph Morris Arapahoe Community College Campus Police Department 5900 S. Santa Fe Drive M2600 Littleton, CO 80120 Chief Nick Metz Aurora Police Department I 500 t E. Alameda Pkwy Aurora, CO 80012 Chief Bret Cottrell Town of Bow Mar Police Department 2 South Middlefield Road Columbine Valley, CO 80123 Chief Michelle Tovrea Cherry Hills Village Police Department 2450 E. Quincy Avenue Cherry Hills Village, CO 80113 Date Date Date Date Date Date • • Chief Brett Cottrell Columbine Valley Police Department 2 South Middlefield Road Columbine Valley, CO 80123 Chief John Collins Englewood Police Department 3615 South Elati Street Englewood, CO 80110 Chief W.J. Haskins Glendale Police Department 950 South Birch Street -Glendale, CO 80246 Chief John Jackson Greenwood Village Police Department 6060 South Quebec Street Greenwood Village, CO 80111 Chief Doug Stephens Littleton PoJice Department 225S West Berry Avenue Li ttlcton, CO 80 l 20 Chief Mark Campbell Sheridan Police Department 410 l South Federal Blvd. Sheridan, CO 80110 Date Date •. . Date Date Date Date IDPAA BUSINESS ASSOCIATE ADDENDUM The parties to this Business Associate Addendum are the County (hereinafter referred to as the "County', .. Covered Entity" or "CE'') and the Contractor (hereinafter referred to ns the "Conlroctor" or "Associate"), This Addendum takes effect along with the Agreement or at the time of the compliance date of the Privacy Rule as defined below, whichever first occurs (the "Addendum Effective Date"), RECITALS A. Associate entered into the Agreement with CE and. as a contractor for CE, has access to certain infonnation, some of which may constitute Protected Health Information C'PHf') as defined below. B. CE wishes to disclose certain information to Associate pursuant to the terms of the Agreement, some of which may constitute PHI. C. As a contractor with access to PHI, Associate is subject to obligations with respect to PHI under HIP AA in the same manner as CE. B. CE and Associate intend to protect the privacy and provide for the security of PHI disclosed to Associate pursuant to the Agreement in compliance with the Health Insurance Portability and Accoun~bility Act of 1996, 42 U.S .C. § 1320d-3120d-8 ("HIPAA") and its implementing regulations thereunder by the U.S. Department of Health and Human Services (the 0 Privacy Ruic") and other applicable laws. as amended. C. As part of the HIP AA regulations, the Privacy Rule requires CE to enter into a contract containing specific requirements with Associate prior to the disclosure of PHI, as set forth in, but not limited to, Title 4S, Sections 160.103 , 164.S02(e) and 164.504(c) of the Code of Federal Regulations ("C.F.R.") and contained in this Addendum. The parties agree as follows: Definitions. a. Except as otherwise defined herein, capitalized terms in this Addendum shall have the definitions set forth in the HIPAA Privacy Rule at 45 C.F.R. Parts 160 and 164, as amended. In the event of any conflict between the mandatory provisions of the Privacy Rule and 1he provisions of this Addendum, the Privacy Rule shall control. Where the provisions of this Addendum differ from those mandated by the Privacy Rule, but are nonetheless permiued by the Privacy Rule, the provisions of this Addendum shall control. b. "Protected He alth lnf9ID)plion" or "PHr' means any infonnation. whether oral or recorded in any fonn or medium: (i) that relates to the past, present or future physical or mental condition of an individual; the provision of health care to an individual; or the pnst. present or • future payment for the provision of health care to an individual; ond (ii) that identities the individual or with respect to which there is a reasonable basis to believe the infonnation can be used to identify the individual, and shall have the meaning given to such tenn under the Privacy Rule, including, but not limited to, 45 C.F.R. Section 164.501. c. "Protected Information" shall mean PHI provided by CE to Associate or created or received by Associate on CE's behalf. To the extent Associate is a covered entity under HIP AA and creates or obtains its own PHI for treatment. payment and health care operations, Protected Information under this Addendum does not include any P}U created or obtained by Associate as a covered entity and Associate shall follow its own policies and procedures for accounting, access and amendment of Associate's PHL 2. Obligations of Associate. a. Permitted Uses, Associate shall not use Protected lnfonnation except for the purpose of performing Associate's obligations under and as permitted by the terms of this Addendum. Further, Associate shall not use Protected Information in any manner that would constitute a violation of the Privacy Rule if so used by CE, except that Associate may use Protected Information: (i) for the proper management and administration of Associate; (ii) to cany out the legal responsibilities of Associate; or (iii) for Data Aggregation purposes for the Health Care Operations of CE. Additional provisions, if any, governing permitted uses of Protected Information are set forth in Attachment A. b. Pennitted Disclosures. Associate shall not disclose Protected lnfonnalion in any manner that would constitute a violation of the Privacy Rule if disclosed by CE, except that Associate may disclose Protected Infonnntion: (i) in a manner permitted pursuant to this Adendum; (ii) for the proper management and administration of Associate; (iii) as required by law: (iv) for Data Aggregation purposes for the Health Care Operations of CE; or (v) to report violations of law to appropriate federal or state authorities, consistent with 45 C.F.R. Section 164.502(j)(l). To the extent that Associate discloses Protected Information to a third party. Associate must obtain, prior to making any such disclosure:(i) reasonable assurances from such third party that such Protected Infonnation will be held confidential as provided pursuant to this Addendumand only disclosed as required by law or for the purposes for which it was disclosed to such third party; and (ii) an agreement from such third party to notify Associate within two business days of any breaches of confidentiality of the Protected Information, to the extent it has obtained know(edge of such breach. Additional provisions, if any, governing permitted disclosures of Protected Information are set forth in Attachment A. c. Appropriate Safeauards. Associate shall implement appropriate safeguards to prevent the use or disclosure of Protected Information otherwise than as permitted by this Addendum. Associate shall maintain a comprehensive written information privacy and security program that includes administrative, technical and physical safeguards appropriate to the size and complexity of the Associate's operations and the nature and scope of its activities. d. Reporting of Imoumer Use or Disclosure. Associate shall report to CE in writing any use or disclosure of Protected lnfonnation other than as provided for by this Addendum within five (5) business days of becoming aware of such use or disclosure. e. Associate's Agents. If Associate uses one or more subcontractors or agents to provide services under this Addendum, and such subcontractors or agents receive or have access to Protected Information, each subcontractor or agent shall sign an agreement with Associate containing substantially the same provisions as this Addendum and further identifying CE as a third party beneficiary with rights of enforcement and indemnification from such subcontractors or agents in the event of any violation of such subcontrnctor or agent agreemenL Associate shall implement and maintain appropriate sanctions against agents and subcontractors that violate such restrictions and conditions and shall mitigate the effects of any such violation. f. Access to Protected Information. Associate shall make Protected Infonnntion maintained by Associate or its agents or subcontractors in Designated Record Sets available to CE for inspection and copying within ten ( l 0) business days of a request by CE to enable CE to fulfill its obligations to pennit individual access to PHI under the Privacy Rule, includin&, but not limited to, 45 C.F.R. Section 164.S24. g. Amendment of PHI. Within ten (10) business days of receipt of a request from CE for an amendment of Protected Infonnation or a record about an individual contained in a Designated Record Set. Associate or its agents or subcontrnclors shall make such Protected Information available to CE for amendment and incorporate any such amendment to enable CE to fulfill its obligations with respect to requests by individuols to amend their PHI under the Privacy Rule, including. but not limited to, 45 C.F.R. Section 164.526. If any individual requests an amendment of Protected Information directly from Associate or its agents or subcontractors, Associate must notify CE in writing within five (5) business days of the receipt of the request h. Accounting Rights. Within ten ( l 0) business days of notice by CE of a request for an accounting of disclosures of Protected Information, Associate and its agents or subcontractors shall make available to CE the information required to provide an accounting of disclosures to enable CE to fulfill its obligations under the Privacy Rule, including, but not limited to, 4S C.F.R. Section 164.528. As set forth in, and as limited by, 45 C.F.R. Section 164.S28, Associate shall not provide an accounting to CE of disclosures: (i) to carry out treatment, payment or health care operations, as set forth in 45 C.F .R. Section 164,506; (ii) to individuals of Protected Information about them as set forth in 45 C.F.R. Section 164.502; (iii) pursuant to an authorization as provided in 45 C.P.R. Section 164.508; (iv) to persons involved • in the individual's care or other notification purposes as set forth in 45 C.F.R. Section 164.S 10; (v) for national security or intelligence purposes as set forth in 45 C.F.R. Section 164.S 12(k)(2); (vi) to correctional institutions or law enforcement officials as set forth in 45 C.F.R. Section 164.5 I 2(k)(5); (vii) incident to a use or disclosure otherwise permitted by the Privacy Rule; (viii) as part of a limited data set under 45 C.F.R. Section 164.514(e); or (ix) disclosures prior to April l 4, 2003. Associate agrees to implement a process that allows for an accounting to be collected and maintained by Associate and its agents or subcontractors for at least six (6) years prior to the request, but not before the compliance date of the Privacy Rule. At a minimum, such infonnation shall include: (i) the date of disclosure; (ii) the name of the entity or person who received Protected Infonnation and, if known, the address of the entity or person; (iii) a brief description of Protected lnfonnation disclosed; and (iv) a brief statement of purpose of the disclosure that reasonably infonns the individual of the basis for the disclosure, or a copy of the individual's • authorization. or a copy of the written request for disclosure. In the event that the request for an accounting is delivered directly to Associate or its agents or subcontractors, Associate shall within five (5) business days of the receipt of the request forward it to CE in writing. It shall be CE's responsibility to prepme and deliver any such accounting requested. Associate shall not disclose any Protected lnfonnation except as set forth in Section 2(b) of this Addendum. i. Governmental Access to Records. Associate shall make its internal practices, books and records relating to the use and disclosure of Protected lnfonnntion available to the Secretary of the U.S. Department of Health and Human Services (the "Secretary"), in a time and manner designated by the Secretary, for purposes of dctennining CE's compliance with the Privacy Rule. Associate shall also provide concurrently to CE a copy of any Protected Information that Associate provides to the Secretary. j. Minimum Necessary. Associate (and its agents or subcontractors) shall only request, use and disclose the minimum amount of Protected Information necessary to accomplish the purpose of the request. use or disclosure, in accordance with the Minimum Necessary requirements of the Privacy Rule including. but not limited to, 45 C.F.R. Sections 164.S02(b) and 164.S14(d). k. Data Ownership. Associate acknowledges that Associate has no ownership rights with respect to the Protected Infonnation. l. Retention of Protected lnformatiQD. Except as provided in Section 4(e) of this Addendum. Associate and its subcontractors or agents shall retain all Protected Information throughout the tenn of this Addendum and shall continue to maintain the information required under Section 2(h) of this Addendum for a period of six ( 6) years after tcnnination of the Contract. m. Notification of Breach. During the term of this Addendum, Associate shall notify CE within two business days of any suspected or actun1 breach of security, intrusion or unauthorized use or disclosure of PHI and/or any actun1 or suspected use or disclosure of data in violation of any applicable federal or state laws or regulations. Associate shall take (i) prompt corrective action to cure any such deficiencies and (ii) any action pertaining to such unauthorized disclosure required by applicable federal and state laws and regulations. a. Audits, Inspection and Enforcement. Within ten business (10) days of a written request by CE, Associate and its agents or subcontrnctors shall allow CE to conduct a reasonable inspection of the facilities, systems, books, records, agreements, policies and procedures relating to the use or disclosure of Protected Infonnation pursuant to this Addendum for the purpose of determining whether Associate has complied with this Addendum; provided, however, that (i) Associate and CE shall mutually agree in advance upon the scope, timing and location of such an inspection; (ii) CE shall protect the confidentiality of all confidential and proprietary information of Associate to which CE has access during the course of such inspection; and (iii) CE shall execute a nondisclosure agreement, upon tenns mutually agreed upon by the panics. if requested by Associate. The fact that CE inspects, or fails to inspect, or has the right to inspect. Associate's facilities. systems. books, records, agreements. policies and procedures does not relieve Associate of its responsibility to comply with this Addendum, nor docs CE's (i) failure to detect or (ii) detection, but failure to notify Associate or require Associate's remediation of any unsatisfactory practices, constitute acceptance of such practice or a waiver of CE' s enforcement rights under this Addendum. o. Safeguards n ·uring Transmission. Associate shall be responsible for using appropriate safeguards to maintain and ensure the confidentiality, privacy and security of Protected Infonnation transmitted to CE pursuant to this Addendum, in accordance with the standards and requirements of the Privacy Rule, until such Protected Information is received by CE, and in accordance with any specifications set forth in Attachment A. p. Restrictions and Confidential Communications. Within ten (10) business days of notice by CE of a restriction upon uses or disclosures or request for confidential communications pursuant to 45 C.F.R. 164.522, Associate will restrict the use or disclosure of an individual's Protected Infonnation, provided Associate has agreed to such a restriction. Associate will not respond directly to nn individual's requests to restrict the use or disclosure of Protected Information or to send all communication of Protected Information to an alternate address. Associate will refer such requests to the CE so that the CE can coordinate and prepare a timely response to the requesting individual and provide direction to Associate. 3. Obligations of CE. a. Safeeuaros Durjn1 Transmis sion. CE shall be responsible for using appropriate safeguards to maintain and ensure the confidentiality, privacy and security of PHI transmitted to Associate pursuant to this Addendum, in accordance with the standards and requirements of the Privacy Rule, until such PHI is received by Associate, and in accordance with any specifications set forth in Attachment A. b. Ngtict; of Chan& CE shall provide Associate with a copy of any notices of changes that it receives from the State pursuant to the State Addendum, including the following: 1) notice of privacy practices produced in accordance with 45 CFR Section 164.520, as well as any subsequent changes or limitation(s) to such notice, to the extent such changes or limitations may effect Associate's use or disclosure of Protected Infonnntion; 2) Any changes in, or revocation of, permission to use or disclose Protected Information, to the extent it may affect Associate's pennitted or required uses or disclosures; nod 3) To the extent that it may affect Associate's permitted use or disclosure of PHI. any restriction on the use or disclosure of Protected Infonnation that CE has agreed to in accordance with 4S CfR Section 164.522. CE may effectuate any and all such notices of non-private information via posting on CE' s web site. First Transit shall monitor CE's designated web site for notice of changes to CE's HJPAA privacy policies and practices. 4. Termination. a. Without Cause. Either of lhe parties shall have the right to tennimue this Addendum by giving the other party 30 days notice. If notice is given, the Addendum will tenninate at the end of 30 days, and the liabilities of the parties hereunder for further • • • performance of the tenns of the Addendum shall thereupon cease, but the parties shall not be released from duty to perfonn up to the date of termination. b. Material Breqch. In addition to any other provisions in the Agreement regarding breach, a breach by Associate of any provision of this Addendum, as determined by CE. shall constitute a material breach of the Agreement and this Addendum and shall provide grounds for immediate termination of the Agreement and this Addendum by CE pursuant to the provisions of the this Addendum and the Agreement covering tennination for cause, if any. If the Agreement contains no express provisions regarding termination for cause, the following terms and conditions shall apply: 1) Default If Associate refuses or fails to timely perform any of the provisions of this Addendum or the Agreement, CE may notify Assocaite in writing of the non- performance, and if not promptly corrected within the time specified, CE may terminate this Addendum and the Agreement Associate shall continue performance of this Addendum and the Agreement to the extent it is not tenninated and shall be liable for excess costs incurred in procuring similar goods or services elsewhere, (2) Erroneous Termination for Default. If after such tennination it is determined, for any reason, that Associate was not in default, or that Assocaite's action/inaction was excusable, such tennination shall be treated as a tennination for con veniencc, and the rights and obligations of the parties shall be the same as if this Addendum and the Agreement had been terminated for convenience. c. Reasonable Steps to Cure Breach, If CE knows of a pattern of activity or practice of Associate that constitutes a material breach or violation of the Associate' s obligations under the provisions of this Addendum or another arrangement and does not terminate this Addendum pursuant to Section 4(a), then CE shall take reasonable steps to cure such breach or end such violation, as applicable. If CE's efforts to cure such breach or end such violation are unsuccessful, CE shall either (i) terminate this Addendum, if feasible or (ii) if termination of this Addendum is not feasible, CE shall report Associate's breach or violation to the Secretary of the U.S. Department of Health and Human Services. d. Judicial or Administrative Proceedings. Either party may tenninate this Addendum, effecUve immediately, if (i) the other party is named as a defendant in a criminal proceeding for a violation of HJPAA, the HIPAA Regulations or other security or privacy laws or (U) n finding or stipulation that the other pnrty has violated any standard or requirement of HIPAA, the HIPAA Regulations or other security or privacy laws is made in any administrative or civil proceeding in which the party has been joined. e. Effect of Termination. ( l) Except as provided in paragraph (2) of this subsection, upon termination of this Addendum, for any reason, Associate shall return or destroy all Protected Information that Associate or its agents or subcontractors still maintain in any fonn, and shall retain no copies of such Protected Information. If Associate elects to destroy the PHI, Associate shall certify in writing to CE that such PHI bas been destroyed. (2) If Associate believes that returning or destroying the Protected Information is not feasible, Associate shall promptly provide CE notice of the conditions making return or destruction infeasible. Upon mutual agreement of CE and Associate that return or destruction of Protected Information is infeasible, Associate shall continue to extend the protections of Sections 2(a), 2(b), 2(c), 2(d) and 2(e) of this Addendum to such information, and shall limit further use of such PHI to those purposes that make the return or destruction of such PHI infeasible. 5. Injunctive Relief. CE shall have the right to injunctive and other equitable lllld legal relief against Associate in the event of any use or disclosure of Protected Information in violation of this Agreement or applicable law. Associate acknowledges and agrees that in the event of such impennissible use or disclosure of Protected Information, CE may seek injunctive i:clief if: ( 1) CE will suffer i:cal, immediate, and irreparable injwy which will be prevented by injunctive relief; (2) that CE hes no plain, speedy, and adequate remedy at law; (3) that the granting of a preliminary injunction will promote the public interest in privacy rather than disserve the public interest; (4) that the balance of equities always favors the injunction in such cases; (5) that the injunction will preserve the status quo pending a trial on the merits; and (6) that CE shall not be required to demonstrate a reasonable probability of success on the merits in order to obtain injunctive relief. 6. No W ajvcr of Immunity. No tenn or condition of this Addendum shall be construed or • interpreted as a waiver, express or implied, of any of the immunities , rights . benefits , protection, or other provisions of the Colorado Governmental Immunity Act, CRS 24-10-101 et seq. or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq. as applicable, as now in effect or hereafter amended. - 7. Limitation of Uability. Any limitation of Associatc's liability in the Agreement shall be inapplicable to the terms and conditions of this Addendum. 8. Disclaimer. CE makes no warranty or representation that compliance by Associate with this Addendum, HIP AA or the HIP AA Regulations will be adequate or satisfactory for Associate's own purposes. Associnte is solely responsible for all decisions made by Associate regarding the safeguarding of PHI. 9. Certification. To the extent that CE determines an examination is necessary in order to comply with CE's legal obligations pursullllt to HIPAA relating to certification of its security practices, CE or its authorized agents or contractors, may, at CE's expense, examine Associnte's facilities, systems, procedures and records as may be necessary for such agents or contractors to certify to CB the extent to which Associate's security safeguards comply with HIPAA, the HIPAA Regulations or this Addendum. 10. Amendment. a. Amendment to Comply with Law. The parties acknowledge that state and federal laws relating to data security and privacy nre rapidly evolving and that amendment of this Addendum may be required to provide for procedures to ensure compliance with such developments. The parties specifically agree to talce such action as is necessary to implement the standards and requirements of HIPAA, the Privacy Rule, the Final HIPAA Security regulations • , , . at 68 Fed. Reg. 8334 (Feb. 20. 2003), 45 C.F.R. § 164.314 and other applicable laws relating to the security or privacy of PHL The parties understand and agree that CE must receive satisfactory written assurance from Associate that Associate will adequately safeguard all Protected Information. Upon the request of either party, the other party agrees to promptly enter into negotiations concerning the terms of an amendment to this Addendum embodying written assurances consistent with the standan:ls and requirements of HIP AA, the Privacy Rule or other applicable laws. CE may tenninate the Addendum upon thirty (30) days written notice in the event (i) Associate does not promptly enter into negotiations to amend this Addendum when requested by CE pursuant to this Section or (ii) Associate does not enter into an amendment to this Addendum providing assurances regarding the safeguarding of PHI that CE, in its sole discretion, deems sufficient to satisfy the standards and requirements ofHIPAA and the Privacy Rule. b. Amendment of Auachment A. Attachment A may be modified or amended by mutual agreement of the parties in writing from time to time without fonnal amendment of this Addendum. 11. Assistance in Litie;ation or Administrative Proceeding§. Associate shall mllkc itself, and any subcontractors, employees or agents assisting Associate in the perfonnance of its obligations under this Addendum, available to CE. at no cost to CE. to testify as witnesses, or otbe1Wise, in the event of litigation or administrative proceedings being commenced against CE, its directors, officers or employees based upon a claimed violation of HIP AA, the Privacy Rule or other laws relating to security and privacy of PHI. except where Associate or its subcontractor, employee or agent is a named adverse party. 12. No Third Party Beneficiaries. Nothing express or implied in this Addendum is intended to confer, nor shall anything herein confer, upon any person other than CE, Associate and their respective successors or assigns, any rights, remedies, obligations or liabilities whatsoever. 13. lntemretation. The provisions of this Addendum shall prevail over any provisions in the Agreement that may conflict or appear inconsistent with any provision in this Addendum. Together. the Agreement and this Addendum shall be interpreted as broadly as necessary to implement and comply with HIPAA and the Privacy Rule. The parties agree that any ambis1.lity in this Agreement shall be resolved in favor of a. meaning that complies and is consistent with HIP AA and the Privacy Rule. This Agreement supersedes and replaces any previous separately executed HIP AA addendum between the parties. 14. Survival of Certain Terms. Notwithstanding anything herein to the contrary, Associate's obligations under Section 7(d) ("Effect of Termination") and Section 14 ("No Third Party Beneficiaries") shall survive termination of this Addendum and shall be enforceable by CE as provided herein in the event of such failure to perfonn or comply by the Associate. 15. Rcj>resentatives and Notice. a. R~presentatives. For the purpose of this Addendum, the individuals listed below are hereby designated as the parties• respective representatives. Either party may from time to time designate in writing new or substitute representatives. b. Notices. All required notices shall be in writing and shall be hand delivered or given by certified or registered mail to the representatives at the addresses as set forth in paragraph 6 of Exhibit A of the Agreement. 16. Availability of Funds. Payment pursuant to this Addendum, if in any part federally funded, is subject to ond contingent upon the continuing availability of federal funds for the purposes hereof. If any of said federal funds become unavailable, as determined by the CE, either party may immediately terminate or seek to amend this Addendum. 17. Audits. In addition to any other audit rights in this Addendum. Associate shall permit CE and any authorized federal agency to monitor and audit records and activities which are or have been undertaken pursuant to this Addendum. 18. No Assignment. Except as otherwise provided, the duties and obligations of Associate shall not be assigned, delegated or subcontracted except with the express prior written consent of CE. Any subcontractors or agents used by BA to perform any services in connection with this Addendum shall be subject to the requirements of this Addendum. [Remainder of page intentionally left blank.] \ • • ATTACHMENT A This Attachment sets forth additional terms to the HIPAA Business Associate Addendum between the County/Covered Entity and the Associate/Contractor{" Addendum"). This Attachment may be amended from time to time as provided in Section 12{b) of the Addendum. 1. Additional Pennitted Uses. In addition to those purposes set forth in Section 2{a) of the Addendum, Associate may use Protected Information· as follows: None except as otherwise directed in writing through the County or the State. 2. Additionnl Pemutted Disclosures. In addition to those purposes set forth in Section 2(b) of the Addendum, Associate may disclose Protected Information as follows: None ex~pt as otherwise directed in writing through the County or the State. 3. Subcontractor(s). The parties acknowledge that the following subcontractors or agents of Associate shall receive Protected Information in the course of assisting Associate in the performance of its obligations under the Addendum: _N .... o __ ne __ • ____________ _ 4. Receipt. Associate's receipt of Protected Information pursuant to the Addendum shall be deemed to occur as follows, and Associate's obligations under the Addendum shall commence with respect to such PHI upon such receipt: Associate's receipt of PHI pursuant to the Agreement or Addendum shall be deemed to occur and their obligations shall commence with respect to such PHI received upon the effective date of the Addendum . 5. Additional Restrictions on Use of Data. CE is a Business Associate or certain other Covered Entities and, pursuant to such obligations of CE, Associate shall comply with the following restrictions on the use and disclosure of Protected Information: The County is a Business Associate of other covered entities and, pursuant to such obligations of those Covered Entities, the County shall comply with restrictions on the use and disclosure of PHI as may be directed in writing by the State. 6. Additional Terms. /Tllis section may include specifications for disclosure fomiat, met/Jod of transmission, use of an inten11ediary, 11se of digital signatures or PKI, amhentication, additional security of privacy specifications, de-identification or re-identification of data and other additional terms.] N ne [Remainder of page intentionally left blank.] . . . COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: November 16, 2015 9bi Arapahoe County OHS - Endangered Children Cooperative Agreement IGA- 2nd Reading Initiated By: Staff Source: Police Department Commander Tim Englert PREVIOUS COUNCIL ACTION NIA RECOMMENDED ACTION The Police Department is recommending that City Council adopt, on second reading, a bill for an ordinance which will authorize the Chief of Police to sign an Intergovernmental Agreement (IGA) with the Arapahoe County Department of Human Services (OHS) to provide for a cooperative working relationship between law enforcement and child protection agencies in Arapahoe County to protect endangered children. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The purpose of this agreement is provide a cooperative working relationship between law enforcement and child protection agencies in Arapahoe County to protect endangered children . Colorado Revised Statute requires incidents of known or suspected child abuse or neglect be reported to Human Services or the local law enforcement agency. Referrals and cooperation between law enforcement agencies and Human Services are necessary to ensure prompt action, protection of the child , and actions as required by law. State law requires Arapahoe County OHS to enter into cooperative agreements with local law enforcement agencies to coordinate the duties of each agency in connection with the investigation of all child abuse or neglect cases . FINANCIAL IMPACT There are no monetary or funding impacts associated with this IGA. LIST OF ATTACHMENTS Arapahoe County OHS -MOU Cooperative Agreement COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: November 2, 2015 9ai Arapahoe County OHS - Endangered Children Cooperative Agreement IGA Initiated By: Police Department PREVIOUS COUNCIL ACTION N/A RECOMMENDED ACTION Staff Source: Deputy Chief Jeff Sanchez The Police Department is recommending that City Council adopt a Bill for an Ordinance on first reading which will authorize the Chief of Police to sign an Intergovernmental Agreement (IGA) with the Arapahoe County Department of Human Services (OHS) to provide for a cooperative working relationship between law enforcement and child protection agencies in Arapahoe County to protect endangered children. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The purpose of this agreement is provide a cooperative working relationship between law enforcement and child protection agencies in Arapahoe County to protect endangered children. Colorado Revised Statute requires incidents of known or suspected child abuse or neglect be reported to Human Services or the local law enforcement agency. Referrals and cooperation between law enforcement agencies and Human Services are necessary to ensure prompt action, protection of the child, and actions as required by law. State law requires Arapahoe County OHS to enter into cooperative agreements with local law enforcement agencies to coordinate the duties of each agency in connection with the investigation of all child abuse or neglect cases. FINANCIAL IMPACT There are no monetary or funding impacts associated with this IGA. LIST OF ATTACHMENTS Arapahoe County OHS -MOU Cooperative Agreement