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HomeMy WebLinkAbout2017-245Part III INDEPENDENT CONTRACTOR AGREEMENT (NON -CLINICAL LF) HIPAA COMPLIANCE The Parties acknowledge and agree that Contractor and Personnel shall neither have nor require access to or use of any of Affiliate's Sensitive Information (defined below) or protected health information ("PHI"), as such term is defined under HIPAA, for purposes of Contractor meeting its obligations hereunder. Accordingly, the Parties agree that neither Contractor nor Personnel shall have access to or use of any Sensitive Information or PHI. Any action by Contractor or Personnel to access Sensitive Information or PHI shall be a material breach of this Agreement. "Sensitive Information" includes any information in any form that identifies, relates to, describes, or is capable of being associated with a particular individual and that is not generally available to the public, such as social security number, employee identification number, tax identification number, passport number, driver's license or state identification card number, insurance policy number, employment history, bank account number, credit card number, debit card number or any financial information. [185448]957841 Page 7 of 9 Part IV INDEPENDENT CONTRACTOR AGREEMENT (NON -CLINICAL LF) INSURANCE REQUIREMENTS Contractor shall obtain and continuously maintain during the term hereof and for not less than three years following the Expiration Date or earlier termination of this Agreement the following insurance coverages naming Contractor and Personnel as named insureds: a) Commercial and general liability insurance with a limit of not less than $1,000,000 per occurrence and $3,000,000 annual aggregate. b) Workers' Compensation insurance, as required by Laws. c) Employer's liability insurance with a limit of not less than $1,000,000 for each occurrence. d) Business automobile liability insurance covering hired, owned and non -owned vehicles used to provide Services under the Agreement, if applicable, with a limit of not less than $1,000,000 for each occurrence. e) Errors and omissions insurance with a limit of not less than $1,000,000 per occurrence and $3,000,000 annual aggregate. Contractor shall provide Affiliate with certificates of insurance prior to the Effective Date and as of each annual renewal during the term of this Agreement. In the event of any modification, termination, expiration, non -renewal or cancellation of any of such insurance policy, Contractor shall give written notice thereof to Affiliate not more than ten (10) days following Contractor's receipt of such notification _Contractor may meet the obligations of this Part IV by being -self insured. [185448]957841 Page 8 of 9 INDEPENDENT CONTRACTOR AGREEMENT (NON -CLINICAL LF) ADDENDUM The Parties hereby incorporate the following provisions into the Agreement. In the event of a conflict between any provision of the Agreement and this Addendum, this Addendum shall control. A-1. Police Department shall obtain Hospital's prior written consent of the text of any proposed publicity concerning this Program prior to the release of such publicity. Hospital may include information regarding this Program, including the amount and purpose of the Program, any photographs provided by Police Department, its logo or trademark, or other information or materials about Police Department's organizations and activities, in Hospital's periodic public reports, newsletters, and news releases as approved by the City of San Bernardino Council. A-2. In addition to the obligations under this Agreement, at all times when performing services under the Program, police officers shall be subject to and required to comply with the rules and regulations of Police Department, including use of force. A-3. The use of the Police Department or City of San Bernardino logo requires prior written approval by the Contractor. A-4. All Police Department employees abide by the Law Enforcement Code of Ethics and all Police Department policies and procedures. [185448]957841 Page 9 of 9