BUSINESS ASSOCIATE
AGREEMENT
This privacy agreement (refened
to herein as Agreement 1), is entered into by and between Aniz,
Inc. (refe1Ted to herein as "Covered Entity') and the City
of South Fulton, Georgia (referred to herein as "Business
Associate").
Term.
This Agreement shall commence on the Effective Date and
end on March 31, 2019. Thereafter, the te1m shall be
extended for a period of one (1) year if both paities
agree 30 days in writing before the effective end date.
Either party may terminate this Agreement by providing
the other paity with 30 days advance notice.
HIPAA
Assurances. In the event Business Associate creates,
receives, maintains, or otherwise is exposed to
personally identifiable or aggregate patient or other
medical information
. defined as Protected Health
Information ("PHI") in the Health Insurance Portability
and Accountability Act of 1996 or its relevant regulations
("HIP AA") and otherwise meets the definition
ofBusiness Associate as defined in the HIPAA Privacy Standai·ds
(45 CFR Parts 160 and 164), Business Associate shall:
- (a)
Recognize that HITECH
(the Health Information Technology for Economic and
Clinical Health Act of2009) and the regulations
thereunder (including 45 C.F.R. Sections 164.308, 164.310,
164.312, and 164.316), apply to a business associate of a
covered entity in the same manner that such sections
apply to the Covered Entity;
- (b)
Not use or further
disclose the PHI, except as permitted by law;
- (c)
Not use or fmther
disclose the PHI in a manner that had Anh;. Inc. done so,
would violate the requirements of HIP AA;
- (d)
Use appropriate
safeguards (including implementing administrative,
physical, and technical safeguards for electronic PHI) to
protect the confidentiality, integrity, and availability
of and to prevent the use or disclosure of the PHI other
than as provided for by this Agreement;
- (e)
Comply with each
applicable requirements of45 C.F.R. Pait 162 ifthe
Business Associate conducts Standard Transactions for or
on behalf ofthe Covered Entity;
- (f)
Report promptly to
Aniz. Inc. any security incident or other use or
disclosure of PHI not provided for by this Agreement
ofwhich Business Associate becomes aware;
- (g)
Ensure that any
subcontractors or agents who receive or are exposed to
PHI (whether in electronic or other fmmat) are explained
the Business Associate obligations under this paragraph
and agree to the same restrictions and conditions;
- (h)
Make available PHI in
accordance with the individual's rights as required under
the HIPAA regulations;
- (i)
Account for PHI
disclosures for up to the past six ( 6) years as
requested by Covered Entity, which shall include: (i)
dates ofdisclosure, (ii) names of the entities or persons
who received the PHI, (iii) a brief description of the
PHI disclosed, and (iv) a brief statement of the purpose
and basis of such disclosure;
U) Make its internal practices,
books, and records that relate to the use and disclosure of PHI
available to the U.S. Secretary of Health and Human Services for
purposes of determining Customer's compliance with HIP AA; and
Page 1 of 3
(k) Incorporate any amendments
or corrections to PHI when notified by Customer or enter into a
Business Associate Agreement or other necessary Agreements to
comply withHIPAA.
Termination
Upon Breach of Provisions. Notwithstanding any other prov1s10n
of this Agreement, either party may immediately terminate
this Agreement if it determines that the other party has
breached any term in this Agreement. Alternatively, the
pat1y claiming breach may give written notice to the
other pa1ty in the event of a breach and give such pai1y
five (5) business days to cure such breach. Covered
Entity shall also have the option to immediately stop all
further disclosures of PHI to Business Associate if
Covered Entity reasonably determines that Business
Associate has breached its obligations under this
Agreement. In the event that termination of this
Agreement is not feasible, either pai1y may report the
breach to the Secretary of the U.S. Department of Health
and Human Services, notwithstanding any other provision
of this Agreement to the contrary.
Return
or Destruction of Protected Health Information upon
Termination. Upon the termination ofthis Agreement,
unless otherwise directed by Covered Entity, Business
Associate shall either return or destroy all PHI received
from the Covered Entity or created or received by
Business Associate on behalf of the Covered Entity in
which Business Associate maintains in any form. Business
Associate shall not retain any copies of such PHI.
Notwithstanding the foregoing, in the event that Business
Associate determines that returning or destroying the
Protected Health Information is infeasible upon
termination of this Agreement, Business Associate shall
provide to Covered Entity notification of the condition
that makes return or destruction infeasible. To the
extent that it is not feasible for Business Associate to
return or destroy such PHI, the terms and provisio9s of
this Agreement shall survive such termination or
expiration and such PHI shall be used or disclosed solely
as permitted by law for so long as Business Associate
maintains such Protected Health Information.
No
Third Party Beneficiaries. With the exception of this
Agreement's benefit to the general public, the parties
agree that the te1ms of this Agreement shall apply only
to themselves and are not for the benefit ofany third
party beneficiaries.
De-Identified
Data. Notwithstanding the provisions of this Agreement,
Business Associate and its subcontractors may disclose
non-personally identifiable information provided that the
disclosed information does not include a key or other
mechanism that would enable the information to be
identified.
Amendment.
Business Associate and Covered Entity agree to amend this
Agreement to the extent necessary to allow either paity
to comply with the Privacy Standards, the Standards for
Electronic Transactions, the Security Standards, or other
relevant state or federal laws or regulations created or
amended to protect the privacy of patient information.
All such amendments shall be made in a writing signed by
both paities.
Interpretation.
Any ambiguity in this Agreement shall be resolved in
favor ofa meaning that permits Covered Entity to comply
with the then most current version of HIP AA and the HIP
AA privacy regulations.
Definitions.
Capitalized terms used in this Agreement shall have the
meanings assigned to them as outlined in HIPAA and its
related regulations.
Survival.
The obligations imposed by this Agreement shall survive
any expiration or termination ofthis Agreement.
Effective
date: The effective date (referred to herein as the
"Effective Date") of this Memorandum shall be
the date upon which both ofthe following have occurred: I)
this Agreement has been executed by the CITY, and 2) an
original signed copy of this Agreement has been executed
by Aniz and submitted to the City Manager.
Governing
Law. Each Party accepts responsibility for its own
compliance with federal, state, or local laws and
regulations. The Parties agree that any dispute arising
out of this Agreement shall be interpreted under the laws
ofthe State ofGeorgia.
Page 2 of 3
IN WITNESS WHEREOF, the
parties hereto as of the date first above written have duly
executed this Agreement.
[Notary or Corporate Seal]
Emilia C. Walker, City
Attorney
Page 3 of 3
MEMORANDUM OF AGREEMENT
This MEMORANDUM OF AGREEMENT (referred
to herein as "Memorandum") is entered into between Aniz,
Inc. with its principal place of business located at 236 Forsyth
Street, Suite 300, Atlanta, GA 30303, (referred to herein as
"Aniz"), and the City of South Fulton, Georgia, located
at 5440 Fulton Industrial Blvd., SW, Atlanta, GA. 30336 South
Fulton.
PURPOSE:
The purpose of this Memorandum
is to guide and direct the parties respecting their affiliation
and working relationship. Its principle objectives ofthe
relationship shall be to:
TERM:
This Memorandum shall commence
on the Effective Date of this Memorandum and end on March 31,
2019. Thereafter, the term shall be extended for a period ofone (1)
year ifboth parties agree 30 days in writing before the effective
end date. Either party may terminate this Memorandum by providing
the other party with 30 days advance notice.
MODEL OF DELIVERY:
Aniz and City of South Fulton
will work collaboratively for the delivery of services and
support to residents in accordance with the mission and values
ofthe respective organizations. Populations to be served under
this agreement shall include residents who live in the City of
South Fulton. City of South Fulton shall have no restrictions
upon the provisions of services to other parties outside of Aniz.
RESPONSIBILITIES:
(A) Aniz shall:
Provide
free HIV & HEP-C testing to residents ofthe City of
South Fulton.
-
Offer
Mental Health Counseling to persons who are HIV positive.
Offer
Substance Abuse Counseling to persons who are HIV
positive.
Offer
Behavior Health services.
Offer
Substance use (misuse) counseling.
Offer
Support Groups.
Offer
Reproductive Health Education.
Provide
clean syringe access to persons who are actively
injecting drugs to reduce the risk of contracting HIV or
HEP-C.
Provide
access to condoms and lube as a barrier to prevent HIV
transmission.
Provide
referrals to PrEP to persons who present as high risk for
contracting HIV as a means to prevent acquiring HIV.
Memorandum of Agreement
(B) City ofSouth Fulton
Provide private space
for HIV & HEP-C testing to be conducted.
Provide a point of
contact person for communication purposes between both
parties.
Allow City ofSouth
Fulton residents to access Aniz services.
Allow access to safer
sex products and/or education materials as apart of
service delivery.
NOTICES
All notices or demands
required under this Memorandum shall be in writing and shall be
deemed to have duly given when: a) physically received in hand by
the party identified below to whom directed; orb} when sent by
certified U.S. mail, return receipt requested, postage paid, to
the other party at the following address (or at such other
address given in writing by either party to
the other}:
If to Aniz: Zina Age Chief
Executive Officer 236 Forsyth Street, Suite 300 Atlanta, GA 30303
(404) 521-2410
If to City of South Fulton:
City of South Fulton Odie Donald, City Manager 5440 Fulton
Industrial Blvd., SW Atlanta, GA. 30336
COMPENSATION FOR SERVICES:
There is no compensation for
services under this Memorandum of Agreement.
EFFECTIVE DATE:
The effective date (referred
to herein as the "Effective Date") of this Memorandum
shall be the date upon which both of the following have occurred:
1) this Agreement has been executed by the CITY, and 2} an
original signed copy of this Agreement has been executed by Aniz
and submitted to the City Manager.
GOVERNING LAW:
Each Party accepts
responsibility for its own compliance with federal, state, or
local laws and regulations. The Parties agree that any dispute
arising out of this Memorandum shall be interpreted under the
laws ofthe State of Georgia.
Memorandum of Agreement 2 L
IN WITNESS WHEREOF, the
parties hereto as of the date first above written have duly
executed this Memorandum.
[Notary or Corporate Seal]
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