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22-1371
ORDiNANCE NO. 22-1371 AN ORDINANCE OF THE CITY OF DENTON APPROVING A SERVICE AGREEMENT BETWEEN THE CITY OF DENTON, BY AND THROUGH ITS FIRE DEPARTMENT, ANDRECOVERY RESOURCE COUNCIL (RRC), A 501(C)(3) CHARITABLE ORGANIZATION,PROVIDING FOR AN OVERDOSE RESPONSE TEAM (ORT); AND DECLARING ANEFFECTIVE DATE. WHEREAS, the Denton Fire Department provides emergency medical services (EMS) to the City of Denton and other residents of Denton County, including responding to and providingmedical care for drug overdoses; and WHEREAS, Recovery Resource Council (RRC) is a 501(C)(3) charitable organization, located at 2711 Airport Freeway, Fort Worth, Texas 76111, whose core services in North Texas involves trauma and addiction treatment services that includes outreach, screening, information, and referral services; and WHEREAS, RCC created an Overdose Response Team (ORT), which is a partnership between RRC and EMS providers, and conducts follow up visits with individuals who are struggling with substance use disorder and have recently experienced an overdose; and WHEREAS, during these visits, clients and their households are given the opportunity to meet with a Peer Support Specialist or a Licensed Master Social Worker, receive and are trained on how to use Narcan, how to perform basic CPR, and ultimately discuss treatment and recovery options, if and when they are ready; and WHERAS, the goal of the program is to connect with individuals experiencing a substance use disorder with the long-term goal of the program to decrease the number of overdoses and overdose deaths and increase the number of individuals seeking treatment and entering recovery,through a variety of treatment and recovery options, including but not limited to medical detoxification, residential (in-patient), out-patient (IOP), sobor living homes, medication assisted treatment (MAT), 12- step programs, and long term peer support programs; and WHEREAS, the Denton Fire Department’s role in this partnership is to identify individuals in our community who are in critical need of resources related to addiction and substance use and generate leads for the ORT by pulling patient information from their databases using specified criteria that indicates the individual may benefit from being connected by this program; and WHEREAS, the Denton Fire Department, as part of the ORT, will facilitate a home-visit with these individuals, during which they will offer wellness checks, hands-only CPR training, explain the additional services available to them through the ORT partnership program, and if the individual is interested, will facilitate a warm hand off to RRC staff to serve as a comprehensive response that includes both medical and behavioral health support; and WHEREAS, without the Denton Fire Department’s participation, RRC’s ORT would not be able to gain access to the contact information of these individuals and therefore would not have an opportunity to connect with them; and Page 1 WHEREAS, having the Denton Fire Department as a partner in this program gives RRC the ability to reach clients that otherwise may never have the opportunity to be connected to life- saving resources like Narcan, and life-changing pathways to treatment; and WHEREAS, since the program launched in January 2022 in Tarrant County: • 115 people have received at least one program service • 82 have been connected to a peer support specialist • 81 family members have received hands only CPR training • 80 patients received a health and wellness screening and were referred to other community resources • Over 200 Narcan kits have been distributed • Over 25 individuals have been connected to treatment-related follow up car;NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council approves the Service Agreement between the City of Denton and RRC in the form of Exhibit “A“ attached hereto. SECTION 2. The City Council find that the participation of the City, by and through its Fire Department, in the ORT program as described in Exhibit “A,” serves a public purpose and is likely to save lives and enhance the quality of life for residents and visitors in the City of Denton and Denton County. SECTION 3. This ordinance shall be cumulative of all provisions of ordinances of the City of Denton, except where the provisions of the ordinance are in direct conflict with the provisions such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 4. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance, shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Section 5. This ordinance shall become effective immediately upon its passage and approval as provided by law. Page 2 The motion to approve this Ordinance seconded by Br ia,n Endfollowing vote []_ - III : was made by aBe EbAJfs and _, the Ordinance was passed and approved by the Aye t/ Nay Abstain Absent Gerard Hudspeth, Mayor Vicki Byrd, District 1 : Brian Beck. District 2: Jesse Davis. District 3 : Alison Maguire, District 4: Brandon Chase McGee At Large Place 5 : Chris Watts, At Large Place 6: 1/ \/ 1/ 1/ \/ 1/r PASSED AND APPROVED this the 1 UW day of _2022 ahEm ATTEST: ROSA RIOS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM:MACK REINWAND, CITY ATTORNEY .#raz-,/ ’/ '= I Page 3 Exhibit A Master Sewicu Agrumentbetween Recovery Rnourm Council (RRC)and nIe City of Denton, Teras This Master Servica Agrummt(“Agrwmmt’) is made betwnn(hudnafte “RRC’), with m 8ddr®s af 306 Nuth Loop 288, Denton, Twas 76209, md the City of Denton, Texas(bardnaRu “City’), with analdr®s of 215 E. McKinney Sired, Ihnton, Mas 76201, collahvelyrdnndto as -The Partin.’ WHEREAS, RRC wisha to alg Be The City, by md thnugh6refrghtes employed by the City that are licalsal by the State of T mag, Dqntmmt of State Health Snvian, as P©amedi® (EMF.P) (humBerrafurRl to as “MaHa’), to provide medical support 9@vie® for pwsons in the RRC “Ovudose RnpaueTeam” proj®t (the “Projwt’); aad WHEREAS, the goal of the Project is to support the implemalt8tion of an EMS program to prwartovudose it the Denton County region to awomplish the following nye key str8teia: I) Provide ov©dose rw@sal education md disswiaate or make nfaral to opioid revws a1 medication. 2) Make referld for u dim:tty induce US Fcxxi and Dmu Administration (FDA) approved medications used to treat opioid disadu md link patiart5 b ongoing care. 3) Provide Rwovuy Support Pew smvio®. 4) Provide community prehospital hwltb owe provider follow-up and supp<xt 5) Cartact patients within 48-72 halls of ovudose to establish with dIm a Pen Sorvic® Sp@ialist and connect them to 8@vices to support tre8tmmt and r®ov©y from @bid use disord€, including but not limited to rwov€y wtpatient program at a partnain8 treatment ealt% support groups, and/or Medkation Assist<! Tn8tmmt pr%Inns. WHEREAS, every attempted follow-up visit involves a -pegon team oompromisirB one Pan S@rica Specialist provided by RRC arId are Medic provided by the City md nw regrire a oollabontive cHart and scheduling a8 n®®saryto&cilitate visits with patients that no not be available at certain tim®; and WHEREAS, The City has the personnel aFripmmt, md wpatise to provide such s@vica and is willing to do go on the trams and conditions statal in this Agreement; and WHEREAS, the City arM RRC have mtaed into a Business Associate Agrwrumt as r<Fried by the Health Inswame Portability and Awwntability Act of 1996 mPA) allowing the City to share Prota#ed Hath Information (PHI) with RRC solely for use ia the Project (Exhibit “A’); NOW, THEREFORE, h oonsid€ation of the commitments contained h©ein and otIIn good and valuable considnation, the rneipt and suf6ciarcy of Which is hnd)y acknowledged, the Parties agree asfollows 1 Term of Agnemeat This Agreement is eaoctive for the paicH of one ymr &on the eEective date unlns tennbr8ted in accordance with 8®tion 4 of this Agreement or extended in writing by modification to this Agreement. Unl®s tarrnin8hd, this Agroment will automatically rmaw fu a maximum of three (3) additional one.ynr periods without fwlhn action norired by the P8rtin. 1 2. Sewiou Provided. The City 88ro® that: 2.1 Prior to asoh<luled visit, it will provide RRC with a verbal summary of the overdose incident, uat the City’s dbordion, provide a alpy of the nlwant Computn Aided Dispatdh (CAD) or elwtnnic medical rword(5) IqaHrB the ovadose. 2.2 Solely at the discretion of the Fire Chief or tlnir &sign% one (1) Medic may be allowal to pardcipah in the Project while on duty pa day, orwhileoR<luty in an overtime c8pmity, on any givenday th& a follow.up visit is nwestalbyRRC. Faaus the Chief or his d®ignn may considu in making this decision include but are not limited to is Fbe DQartrnmt gtafHng levels. 2.3 Allow the Mahc to wear their city.issn<1 unifam while participating in the Project. 2,4 The City will pay de salary of a Matic paaicipating in the Project at their regular burly rate of pay, and whm working aa-duty and in an overtime waciy, at 1.5 tim® tIreb rqguhr rate of pay. 2.5 A Medic participating in the Projnt will complde my training nglired tv RRC within three (3) months of the Project start date, the cost of that training to be paid for by RRC. 2.6 The City will provide Medics will the equipment nw®sary to conduct a basic health and welln®scheck of the individual that is the subject of the follow.up (e.g. blood pressure, temp nature, oxygen leveD 2.7 Dmisions related to scene safdy ard medical trntmmt are at the disudion of the Medic. 3. Fee for Servica. 3.1 RRC shall oomparsate the City at 1 W,fudn Prd m S@rica as set forth hrthePaymaH Schedule (Exhibit “B-I attached hudo and incorporated hudn. Costs hhrde but are not limited to wages paid to Medics participating in the Project, as well as the rqlacewaa cost for medical suppli® used during visits.3.2 Payment to the City by RRC shall be due within thirty (30) days of rneipt of the monthly expmditure a9at by RRC 4. Termination. 4. 1. Termination Notke: Eithu party may tuminate this Agroment with a without cause by giving sixty (60) days wriaen notiae to the dh@ party of the directive date of terrnindion. IfRRC giva notice oftanin8tion within thirty (30) days of receiving notice of a rate inae®e by the City, OIIly thirty (30) days’ notices shall be requhed to aff<!t a tamination and the existing rates will rmain in cEed fm the thirty (30) days bafuetarnrnatlon. 4.2. Breach. Eithn party may tnminate this Agrommt in the event of the odIn party’s matnia1 bruch he<If; provided, howevu, that t©mina6on for breadh shall not bwomeeawtive unless and until the party in brmch has been given writtar notice of such bruoh d®uibing the nature of the brnch with sufficient spa#i£city to pumit its cure, and such party shall have failal to have cured such breach to the reasonable satisfwtt>n of the othn within thirty (30) days fOllOWiIB said nai% 4.3. Noapaylmat in the event ofnolrpaymela by RRC of any amount due huaIndu, The City may tamhate this Agremmt on ten (10) days writtm notice. 4.4. Insolveacy. In the event RRC Blw a voluntary pdidon in bankruptcy u makes an assigmnent fu the benefit of ueditors or othuwise seeks relief eon uuliton urdu any fedual or state bankruptcy, iwolvmcy, reorganization, m morataium statute, u is the subject of an involuntary pdition in bankuptw which is nd dismissed with prejudice within sixty (60) days of its filing, dn City may tnmimte this Agremmt immediately. 2 4.5. Prior obligations. Tumination shall have no eRect upon the rights or obligations of the parti® 8rishg art of any trans@tins mwning prU to the eawtive date of such t©mination. 5. Reports. The City shall rwcxt unarabipatd or prespecifred 8dvuw events to RRC Dira;tor of Commwrity Enga8emmt, within twmty-four (24) hours ofoccunnce. 6.Site Visits, Audit and Records. R®ovny Rnomce Coumil or ally of its duly authaized npraentativa, upon reasonable advance nothe ard durirB numal businws hours, shall have the right to conduct site visits and acamine any patinalt books, dwumaas, pwas, and rnwds of the City mkt<1 to this A8rement This doesnot hchrde PHI maintained by the City uwit as provided for in Paragraph 2.1, m aw p©sonal4inwnnel infmmation related to a M<lie alcQt as it rdata to wa8n paid to that Medic md nimbuwd by RRC fa theb participation in the ProjaX. 7.QuaHfied Sewia OrBaaiz&tiorr/BMna8 Assodae (QSOIBA) Agnemeat. Fa the purpos® of this section, definidons oft@ms relatal to QSOs ne fund in 42 Ccxle Fedual Regulations (CFR) part 2, and fmtums related to BAs, in 45 CFRparts 160 and 164. The parti® agree that this Agr®ment also swva as a QSO/BA Agrement und© which the City may disclose patknt-idattifyin8 information as defined by 42 CFR part 2 to RRC as a QSO, and undn which the City, as a Covual Entity, may disclose protnted health information as deBIted by 45 CFRpart ia (PHI) toRRC as a BA 8. Confidential Information 8.1. “Ccxrfidential InRjrrnation” m@ns iafmmation dirwtIy pat&ining to the project that RCC has notified the City that it wisha to maintain in coafxlenw and as papdetary. 8.2. Unl®s oth©wise reqaired by the Public Inf@nation Act, court ord% or othu law, the City agren not to disclose Confidential Information regarding the Prcloot to any odIn penal and to use at leat the sme degree of care to maintain the Confid@dal Information as the City usa in maintaining its own oonadaaial information, and always with at least a nascxrable d%roe of care. 8.3. Unless othwwise raFired by the Public Information Act, court Olde, or ot:hu law, the City agrea to use the Confidartial hfmmation only for the Proja# and to rwtdct disclosure of the Confidential hrforrnation solely to its mploy®s having a need to know such C<xIfidaltbl Infmm8tion to @oomplish the llrojwt. 9 HIPAA. The City shall be responsible for cmplimw with applicable HIPAAngul8tims. The City shall collect, use, md disclose the Prot<:ted Health Infumation (as defined in the HIPAA ngul8tiau) of any Proja# rwwdh participant only as allowed by the infumed consent u oth© authorization obtahred from the Project participant, unl®s oth@wise permitted by law. 9.1. All Project rwords shall be treated as confxlmtial and must be stored in a swtlie area or medium. Prc$oct racmds will be retained by the City for at least three (3) years following ProjaX completion unl®s a kxIgn pak>d is rewbed by State or Federal rwwds ntaBion laws. 9.2. The parti® will ococute the Businws Assmiate Agreement (“BAA’) attachal hoMo as bExhibit AD in theeveat of a conflict baween this Agreement and the BAA regarding Protected Health Information, the provisions of the BAA shall aontrol. 3 10. Garera] lademnity. TIn Partks upr®sly agree that tIny we not mwh<1 to defend, indemni8 and lx>ld harm]as the athe Party and its oEic€s, dirntors, shnehold€s, partnas, employo®, REnts &on aw and all threaMed or actual ching, prweedings, l®sa, danBn, ann, p€nabi®, babilitios, eosts and expenses of any nature, hcludiag 8ttaneys' hu and axla cuts sustained oriuwred tD' or muted against the athe pay njgjngIIon the party'sownblwA cf this a8remmtinanym8teHal nspwtor(ii)thepany'3 owneondadiBomnntion with the pafumamo af this Agrnmmt that constRuta gross ne81igw& fraud, willfbl misconduct or a knowing violation of law. NaIling in the provision shall othewise bait or waive any dafmse u hmunity cHEnwise available to the City or its agents and employo® as a govunmartal entity. 11. De8ignatioa of Liaison To assist with implment8tion of this Agr%mmt, the City shall d®ignate one liaison for mattaB related to the pefmmarne of this A8r%matt. The City shall also d®ignate ono Amounting Fhame liaison to meet with R®ovey Resource Council’s Director ofFiname or lad A®amt8nt as medal 12. No Assignment Nei£h©this Agrwmart nor ally dutiw w obligations und© it shall be assignable by eahu party without dIG prior wriltn emsmt of the ahn party, in the event af an auignmmt by eithw party to which the othu party has consented, the assi8n® ot the assignw’s legal rqraent8tive shall agree in writing to assume, puform, and tn bound by all the oovawBs, obligations md 8growmts oontainal in this Agreement. 13. No Partaenhip. This Agrement doa not aa is it htarded to create a pwtnuship between the City and RRC. 14. Entire Agnwnnt. This Agrwmnt constitutes the entire 8gr®mmt of the p©tia on the subject matter md supersedes any prior understarKling orwrittm or maI agrwmentsbdwom the paM msp<;ting the subjwt matterof this Agremalt. 15. Anundment This Agremeat may be only amended by a wdttm ins&umart signed by both pwti® daignatedrepraentatrve. 16. Notica. Any notice nwiral to be given pwsuant to this Agreement shall be in writing and shall be smt tvcatifid mail, qgistad mail, e-mail, facsimile, or hand delivery to the parties at the addrwses sd forth below: crm OF DEMON, TEXAS: Kmndh Hedg®, Fire CM (or his d®ignw or succasor) Dalton Fire Dqadrnmt 332 E. Hiaaly S&ed Denton, mas 76201 kmndhhedg®@cityofdentonwm RR(q :Eric R Niednm8y@, CEO Rnovny Rmoww Council 306 North Loop 288 Denton, Twas 76209 $-ni9dHmaY@@r®OV©Vgqun9iLQrg Partia Bound. This Agremmt shall be binding uml and hun to the bene6t of the pwti® and thdrrapedive legal npr®ent8tiva, pumitted assigns, and sun®sors. 4 17. 1,qdeknstrnahIb]nnnananmcf6epwlriln wrtdar#heir M8alorrtduEavuV nrrgrab8bU8l8brvd14al,rnLuanrrR#sdbbb8qmrper&willIMildly,IUlu udraaBdRHuy IBnjIwIlloabIbbuddasABgunaasWbuIltlulanlfnB&IM14 UBerwlramrtbprwbimbdnwb=nrHHhr tt It Arhn@’BbulfaDrHtlu8b#uhanbweeBBay IBnl&IMUbaV8dBalw afdlbAeIHna&dnpmldHBprV dBEbadWbaaneliedIaney“shKarlbad WHrHh8aHln© w lanltWO gd&MbnVuudad 19.WlbbC8uBBtpanb TbbAgHaa£BObe waaDdlllmalBIBBealaBelpBllbudbQfvudb8hHaborbarndtob8uariM RKdBporF8e& EXECurEDtobeantinaane ly af ,2(IIZ Rxrdr8aB8IInh PbrRIKwlWInnIe CogzdB ,nZ UaB7W2W Br Ka©ehl@bFbBaHd 1 -ILp' ZZ APPROVBDASTDIBOAL FOIUyEMAa(iwNWA)ID,CiWATTwqFY 5 Exhibit B P8ymmt Scheduk A monthly arparditure Iq>OIt is dIe to Rnovery Resource Council by the 10't' of each month. RnalroB Re$wwvGoundyoBY+u Budget no)eel Year 1 RBBubIWeB $ $ av•rtlne OvertIme Overtime bn WeB•s$ $ $ $ . EMVPdnmac StaffEchmd€OICETTlnoVeRde/EqdpmenWNfwms Mello: :UwIH \n & Data 3yRen\$SubTeUI AlmbV5pcxtsu Overhead + 1(1%Veal Total SS bt8 ToblWa,Ill B8ndltK$ 3$ 3 S $ 3 $ $ $Be LIeIIIons 3 Year 2 RIbWagal $ S Ov+ttlrw Overan Owl&wRate IIons WaH $ $ $ $ naT/P##IWW $ Staff EdwatWCE TlnH $ V8Ncle/EqrXwMrt/UrVfwnuMedial &lwKes \n & Data SVgem$ SuI>Total Alrr#rA4xxlsar Overhead e IOShH : Tad TeUIWHU Benn% T08da8tS $3 3 S S S S $Hot#9 Yeu 3 iI1/3:::=;aE TI,„, Su- VeHde/EqdpmentyUr$kxTnsMedIal nIpples \IT & Dab Sptvn$SubToUIAlmln6porua (>Bhead e lasTnt 3 Tad (beltlIH Ov+tdIB$ AOwrdl: Rate HaIn ! WellsS– '--- $ ToUljrs B•nHk% TeUIGaR$ $ $ $ S S S S $ S 3Y8uPnJnITorld S EXHIBIT “A" RL&IHE££A££KIAIEAgREEHENI ThisBUSbESS/6SCXIATENREnJENF (the -BAA) is made and entered into asof August 2, 2022, byand between the City of Denton, Texas, by and through Ks Fire Department, a munIcipal cxxporationorganized under the laws of the State of Texas (-Covered Entity) and Recovery Resource Council (RRC),a 501(c)(3) non-profit organization accredited by the Jdnt Commission in Behavioral Health and licensed by the State of Texas as an Outpatient Treatment Center ("Busin us AssociateD in accordance with themeaning given to those terms at 45 CFR 5164.501 ). In this BAA, Covered Entity and Business Associate areeach a -Party- and. collectively, are the "Parties". BACKGROUND I. CkmuedBtityisdthv a"axned errtity'a'tlrgrwMdd'cfaax/eruiutityaaatIaeddinui uxier#eFUth IrnrxmF+It=tSity adAxxrrtaUlity Acl cflggqF\IJblaMIO+191,a anvrH tVtte HTKH/kl(addinui bdaM nIi thegaul rWIdRIS FIIIT\J@ityF+lS(addinul tdm$ (qjkib,ely. 'tIFWX) axl anal bmIllnl to anT& vdth HP/VVswMgu6 rwdru the qxrfxtntidity arxlptwxycf Fttia:ted F+dth Infcxwntim(=ddinul beI@; II. TbePadies haveentered into or will enter into one or more agreements under which Businns Ass(xiate provides or will provide certain specified services to Covered Entity (collectively, the "Agreement"); III. In providing servic%pursuant to the Agreement, Business Assodatewill have access to Protected Health Information; IV. By providing the 9ervi ns pursuant to the Agreement. Business Associate will become a "business associate" of the Covered Entity as such term is defined under HIPAA; V. Both Parties are committed to complying with all federal and state laws governing the confidentiality and privacY of health InformatIon, including, but not limIted to, the Standards for PrivacY oflndtvklually IdentIfIable Health Information found at 45 CFR Part 160 and Part 164. Subparts A and E (collectively,the "Privacv Rule-); and VI. Both Parties intend to protect the priva(v and provide for the security of Protected Health Information disclosed to Business Associate pursuant to the terms of this Agreement, HIPAA and other applicable laws. AGREEMENT NOW,THERnCHIn consIderation of the mutual covenants and conditions contained hereIn and the continued provision of PHI by Covered Entity to Business Associate under the Agreement inrelianoe on this BM. the PartIes agree as follows: Page 2 of 8 1. Definitions. For purposes of this BAA, the Parties give the following meaning to each of the t8rms in this Section 1 below, Any apitalized term used in this BAA, but not otherwise defined, has the meaning given to that term in tIn Privacy Rule or pertinent law. A. "AffIliate" means a $ubsklary or affiliate of Covered Entity that is, or has been, considered a oovered entity, as defined by HIPAA. B. -BrealRl" means the al.xluisition, acass, use, or disclosure of PHlin a manner not permItted under the Privacy Rule whIch compromises the security or pdvacV of the PHI,as defined in 45 CFR§164.402. C. "Breach Notification Rule- means the portion of HIPAAset forth in Subpart D of 45 CFR Part 164 D. "Data Aqqnga+ion" means, with respect to PHI created or received by Business Assodate in its capacity asthe "business assodate'’ under HIP/U of Covered Entity, the combining of such PHI by Busin®$As$odate with the PHI received by Business Associate in its capacity asa business assodate of one or more other "covered entity" under HIPAA, to permit data analyses that relate to the Health Care Operations (defined below) of the respective oovered entities. The meaning of "data aggregation" in this BM shall be consistent with the meaning given to that term in the Privacy Rule. E. "Designated Record Set" has the meaning given to such term under the Privacy Rule, including 45 (FR§164.501.8. F. "De-Identify" means to alter the PHI such that the resutting information meets the requirements descritnd in 45 CFR 55164.514(a) and (b). G. "Electronic PHI- means any PHI maintained in or transmitted by electronic media as defined in 45 CTF:5160.103. H."Heglth e8reoPeratiQnS" hasthe meaning given to that term in 45 CFR§164.501. 1,"HHS- means the U.S. Department of Health and Human Services. I "HITECH Act' means the Health Inform ation Technology for EconomIc and ClinIcal Health Acl enacted as part of the American Recovery and ReInvestment Act of 2009, Public Law 11 1-005 K. "Individual"has the same meanIng given to that term in 45 CFRS§164.501and 160.130 and includes a person who qualifies aa personal representative in accordance with 45 CFR 5164.502(g). L. "Pqvacu Rule" means that portion of HIPAA set forth in 45 CFR Part 160 and Part 164,Subparts A and E Page3 of 8 M. "protected Health Information- or 'W' has the meaning gIven to the term "protected health information" in 45 CFR§§164.501and 160.103, limited to the information created or reoeived by Business Assodate from or on behalf of Covu8d Entity. N. '’Sewrity [ncidenf means tIn attempted or 8uo@ssful unauthorized amss.use, disclosure, modification, or destruction of information or interference with system operations in an information system. O, "Security Rule- means the Security Standards for the Protection of Electronic Health Infbrmation provided in 45 CFR Part 160 & Part 164,Subparts A and C. n "Unsecured Protected Health Information" or "Unsecured PHI" means any "protectedhealth information" as defined in 45 CFR S§l&t.501and 160.103 that is not rendered unusable, unreadabl8 orindecipherable to unauthorized individuals through the use of a technology or methodology specified by the MS Secretary in the guidance issued pursuant to the HFTECH Act and oodtfied at 42 USC 517932(h). 2.Use and Disclosure of PHI. A. Exoept ®atherwise provided in this BAA, Business Assodate may use or disclose PHI as reasonably rnmssary to provide the services described in the Agreement to Covered Entity, and to undertake other activities of Business Associate permitted or required of Businns Assodate by this BAA or as required by law. B. Exoept asotherwise limited by this BAA or federal or stat8 law, Covered Entityauthorizes BLsinns Associate to use the PHI in its possession for the proper management and administration of Businus Assodate's business and to carry out its legal responsibilities. Business AssMate may disclose PHI for its proper management and administration, provided that (i) the disclosures are required by law; or ai) Business Associate obtains, in writing, prior to making any disclosure to a third party (a) reasonable a$suran ws from this third party that the PHlwUI be held oonfid6nttal ®provided under thIs BAA and used or further disclosed only as required by law or for the purpose for which it was dIsclosed to this third party and {b) an agreement from this third party to notify Business Associate immediately of any breaches of theconfidentiaIIty of the PHI, to the extent it has knowledge of the breach. C. BusinwsAssociatewill not use or disclose PHI in a manner other than a provided in this W\ as permitted under the Privacy Rule, or as required by law. Business Associate will use or disclose PHI,to the extent practicable, as a limited data set or limited to the minimum necessary amount of PHI to any out the int8nded purpose of the use or disclosur9, in accordance with Section 13405(b) of the HUE(HAd (oodtfied at 42 USC 517935(b)) and any of the acts implementing regulations adopted by HHS, for each use or disclosure of PHI. D. Upon reque8L Business Associate wiN make available to Covered Entity any of Covered Entity’s PHI that Business Associate or any of its agents or subcontractors have in their possessIon E. BusIn%sAsscxiate may use PHI to report violations of law to appropriate Federal and State authorities, consistent with 45 CFRS164 .5020)0), Page 4 of 8 3. Safeguards Against Misuse of PHI. Btslnus A$sodate will use appropriate safeguards to prevent the use or disd mum of FHI other than as provided by the Agreement u this BAA and Business Associate agrees to implement administrative, physiml, and technial safeguards that reasonably and appropriately protect the confidentiality, integrity and availability of the Electronic PHI that it creates , receives, maintains or transmits on behalf of Covered Entity. Bu$in®s Associate agrees to take reasonable steps, including providIng adequate training to its employees to ensure compliance with this BAA and to ensure that the actbns or omissions of its employees or agents do not cause Business Associate to breach the terms of this BAA. 4 ReDortina Disclosures of PHI and Securftv Incidents. Buslnws Associate wIll report to Covered Entity in writing any use or disclosure of PHI not provided for by thIs BAA of wtich it becomes aware and Business AssocIate agrees to report to Covered Entity any Security Incident affecting Electronic PHI of Covered Entity of which it beoom8s aware. BLnlness Associate agrees to report any such 8vont within five busIness days of becomIng aware of the event. 5. Reporting Breaches of Unsecured PHI. Busin ns Associate will notify Covered Entity in writing promptly upon the discovery of any Breach of Unsecured PHI in accordanae with the requirements set forth in 45 CFFiS1 &4.410, but in no use later than 30 mlendar days after discovery of a Breach. Business Assodate wil reimburse Covered Entity for any costs incurred by it in complying with the requirements of Subpart D of 45 aT:51&t that are imposed on Covered Entity a a result of a Breach committed by Busln ns Assodate. 6. Mitigation of Disclosures of PHI. Bwinu s Associate will take reasonable measures to mitigat8, to the extent practicable, any harmful effect that is known to Business Associate of any use or disclosure of PHI by Business Associate or its agents or subcontractors in violation of the requirements of thIs BAA. 7. Agreements with Agents or Subcontractors. Business Associate will ensure that any of its agents or subcontractors that have ms to, or to which Business Associate provides, PHI agree in writing to the restrictIons and conditIons concerning uses and disclosures of PHI contaIned in this BAA and agree to implement reasonable and appropriate safeguards to protect any Electronic PHlthat it creates, recetves, maintains or transmits on behalf of Business Assodate or, through the Business Associate, Covered Entity. Business Assmiate shall notify Covered Entity, or upstream Business Associate,of all suboontmcts and agreements relating to the Agreement, where the subcontractor or agent receives PHI as dosaibod in section 1 ,M. of this BAA.Such notification shall occur within 30 (thirty) calendar days of the execution of the subcontract by plamment of such notice on the Business Associate's primary website. Bt6inass Associate shall ensure that all subcontracts and agreements provide the sam8 level of privacv and security a this BAA. 8. Audit Report. Upon request, Basin%sAssodate will provide Covered Entity, or upstream Business Associate,with a copy of its most recent independent HIPPA oompliance report (AT.C 315), HITRUSTcertification or other mutually agreed upon independent standards based third party audit report. Covered entity agrees not to radisdose Business AssocIate's audit report. 9 AnnstP PHI by IndivIduals. A. Upon request, Business Associate agrees to furnish Covered Entity wIth copies of the PHI maintained by Business Associate in a Designated Record Set in the time and manner Page 5 of 8 designated by Covered Entity to enable Covered Entity to rospond to an Individual's request for ams to PHI under 45 CFR 5164.524. B. In the event any IndIvidual or personal representative requests mssto the Individual's PHI dIrectly &om Busln®$ A©odate, Business Assodate within ten business days, will fOIwardthat request to Covered Entity. Any disclosure of, or decision not to disclose, the PHlrequested by an Individual or a personalrepresentative and oompliance with the requirements applicable to an IndividuaFs right to obtain anus to PHI shall be the sole responsibility of Covered Entity. 10.Amendment of PHI. A. Upon request and instruction from Covered Entity, Bt6iness Associate wiN amend PHI ora rword about an Individual in a Designated Record Sgt that is maintained by, or otherwIse wIthin the possessim of, Business Associate as directed by Covered Entity in acoordance wIth procedures established by 45 CFR 9164 _526. Any request by Covered Entity to amend such information will kn completed by BtninessAsscxiate within 15 business daysof Covered Entity's request B. In the event that any Individual requests that Businus Assodate amend such Individual’s PHI or record in a Designated Record Set, Business Assodatewtthin ten business days will forward this request to Covered Entity. Any amendment of, or decision not to amend, the PHI or record a roqu6st8d by an Individual and compliance with the requirements applicabl6 to an Individual's right to r8quest an amendment of PHI will be the so ie responsibility of Covered Entity. 11 Amounting of Disclosures. A. Btniness Assodate will document any disclosures of PHI made by it to account for such disclosures a required by 45 CFR 5164.528(a). Business Assodat8 also will make available information related to such disclosures as would be required for Covered Entity to respond to arequest for an accounting of disclosures in accordanae with 45 (FR§164.528. At a minimum , Business As$aciatewHI furnish Covered Entity the following with respect to any covered disclosures by Business Assedate: (i)the date of disclosure of PHI;(ii) the name of the entity or person who received PHI,and, if known, the address of such entity or person; (iii) a brief description of the FIll disclosed;and (iv) a brief statement of the purpose of the disclosurewhich includes the basis for such disclosure. B. Busht®sAsxxiato wiN furnish to Covered Entity information collected in accordance with this Section 1 0,within ten business days after written request by Covered Entity, to permit Covered Entity to make an acoounting of disclosures as required by 45 CFR 5164.528,or in the event that Covered Entity elects to provide an IndIvidual with a list of its business associates, BL6inwsAssociatewill provide an accounting of Its disclosures of PHlupon request of the Individual, if and to the exMr t that such accounting is required under the HITECH Act or under F++S regulations adopted in connection with the HFTECH Act. C. In the event an Individual delivers the initial request for an accounting directly to Business Associate, Businns Associate will within ten business days forward such request to Covered Entity. Page6 of 8 12. Avalabilitv af Uks and RemUs. BusIness Associate will make available its internal practices, books, agreements, records, and policies and procedures relating to the use and disclosure of PHI, uponrequest, to the Secretary of HHS for purposes of determining Covered Entity'8 and Business Associate'scompliance with HIPAA, andthi s WE 13. RBixx}dtjlhiHOfGwefd Entjty. With r8gard to the use and/or disclosure of Protected Health Information by nisinws Associate, Covered Entity agrees to : A Notify Business Assmiate of any limitation( s) in its notice of privacy practices in accordance wIth 45 CFR 5164.520,to the extent that such limitation may affect BusinessAssociate’s use or disclosure of PHI. B. Notify Business Assodate of any changes in, or mxx;aHal af, permission by anIndividual to use or disdwe Protected Health Information, to the extent that such changes mayaffut BusirmsAssociatds we or disclosure of PHI. C. Notify Business Assmiate of any restriction to the use or d&iosure of PHlthat Covered Entity has agreed to in accordance with 45 CFR 5164.522, to the extent that such restriction mayaffect Business Assodate's use or disclosure of PHI. U Except for data aggregation or management and administrative activities of Business Associate,Covered Entity shall not request Business Assodate to use or disclose PHlin any manner that would not be permissible under HIPM if done by Covered Entity. 14. Data Ownership. Busin®s Associate's data stewardship does not oonfer data ownership rights on Busin®s Associate with respect to any data shared with it under the Agreement, including any and all loans thereof. 15 Term and TerminaDl n. A. This W\ will become effectiv8 on the date first written above. and will continue in effect until all obligations of the Parties have been met under the Agreement and under thisBAA & Covered Entity may terminate immediately this BAA, the Agreement, and any other related agreements if Covered Entity makes a determination that Bwiness Associate has breached a material term of this W\ and Business Associate has faibd to cure that material breach,to Covered Entity's reasonable satisfaction, within 30 days aRer written notice from Covered Entity. Covered Entity may report the problem to the Secretary of HHS if termination isnot feasible. C if Busin®s Asscxiate determines that Covered Entity has breached a material term of this BAA, then Business Associate will provide Covered Entity with written notice of the exi$tenoe of the breach and shall provIde Covered Entity with 30 days to cure the breach_ Covered Entity’s failure to cure the breach withIn the 30-day period will in grounds for immediate termination of the Agreement and this BAA by Business Associate. Business Associate may report the breach to HHS. Page 7 of 8 D. Upon termInation of the Agroennnt or this BM for any reason, an PHI maintained by BL6inw Associate will be returned to Covered Entity or destroyed by Btslnus AssocIate. Business Assodate will not retain any oopies of such Information. ThIs provision wIll apply to PHI in the possessIon ofBt6ine$$ Associate's agents and subaontractor$. 1f return or destruction of the FHI is not feasible, in nIsIIIus Associate’s reasonable judgment, BusIness Associate wIll furnish Covered EntIty wIth notification, in writIng, of the conditIons that make return or destruction infeasible. Upon mutual agreement of the Parties that return or destruction of the PHI is infeasible, Business Assoclatewill extend the protections of this BAA to such information for a long aBusin®$ /bR)date retains such information and wiN limit further uses and disclosures to those purposes that make the return or destruction of the information not feasible. TIle Parties understand that thIs Section 14.0. will survive atV termination of this BAA. 16.Effect of BAA. A. Ttis BAA is a part of and subject to the t8rms of the Agreement, exaept that to the extent any terms of this BAA conflict with any term of the Agreement, the terms of this BAAwill govern, B. Exapt as expressly stated in this BAA or as provided by law, this BAA will not create any rights in favor of any third party. 17. Regulatory References. A reference in this BAA to a section in HiPAA means the section as in effect or as amended at the time. 18. Notices, All notices, requests and demands or other communications to be given under this BAA to a Party will be made via either first class mail, registered or certIfied or express courier, or electronic mail to the Party's address given below: A. If to Covered Entity, to: Ann: Kenneth Hedges, Fire Chief, or hIs de$ignee or succ8ssorDenton Fire Department 332 E. Hickory StreetDenton, Texas 76201 T: 940-349-8830 E: kenneth.hedges@cityofdenton.com B. If to Business Associate, to: Eric R. Niedermay8r, CEO, or his designee or successor Recovery Resource Council 306 North Loop 288Denton. Texas 76209T: 21 +522-8600 E: e.niedermayer@re(,QVQryoouncil.orq Page8 of 8 19. Amendmeras and Waiver. This BAA may not be modified. nor will any provision be waived or amended, except in writing duly signed by authorized representatives of the Parties. A waiver with respect to one event shall not be construed as continuing,or a a bar to or waiver of any right or remedy ato subsequent events. m . The Parties acknowledge that the HHECH Act includes signIficant changes tothe PrivacY Ruleand the Security Rule. The privacy subtitle of the HITECH Act sets forth provisions that significantly change the requirements for business associates and the agreements between business assodate$and oov6red entities under HIPAA and these changes may be further clartfled in forthcoming regulations and guidanoe. Ea;h Party agrees to oompiy with the applicable provisions of the HFTH;H Act and any HHS regulations issued with respect to the HTECH Act. The Parties also agree to negotiate in good faIth to mo(ItVthis W\ as reasonably necessary to comply with the HITECH Act and its regulations a they become effective but, in the event that the Parties are unable to reach agreement on such a modification, either Party will have the right to terminate this BAA upon 30. days' prior written notice to the other Party. In light of the mutual agreement and understanding described abovo,the Parties execute this BAA. Dat. 7/25/22 nIe: City M;nager, City of Denton, Texas By:Z:Z=3 JW.,,#,7/5/2022 DateName Edc Niedermayer TItle: Chief Executive Officer Recovery Resource Council