Case Record Storage and Retrieval Services RFP (Part I)

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APPENDIX A: SAMPLE CONTRACT 9.0 UNIQUE TERMS AND CONDITIONS 9.1 Contractor’s Obligations As A “Business Associate” Under Health Insurance Portability And Accountability Act Of 1996 (HIPAA) And The Health Information Technology For Economic And Clinical Health Act (HITECH) The County is subject to the Administrative Simplification requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Under this Contract, the Contractor provides services to the County and the Contractor receives, has access to, and/or creates Protected Health Information as defined in Attachment K in order to provide those services. The County and the Contractor therefore agree to the terms of Attachment K, Contractor’s Obligations As a “Business Associate” Under Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITECH) (Business Associate Agreement). 9.2 Local Small Business Enterprise (SBE) Preference Program 9.2.1 This Contract is subject to the provisions of the County’s ordinance entitled Local Small Business Enterprise Preference Program, as codified in Chapter 2.204 of the Los Angeles County Code. 9.2.2 The Contractor shall not knowingly and with the intent to defraud, fraudulently obtain, retain, attempt to obtain or retain, or aid another in fraudulently obtaining or retaining or attempting to obtain or retain certification as a Local Small Business Enterprise. 9.2.3 The Contractor shall not willfully and knowingly make a false statement with the intent to defraud, whether by affidavit, report, or other representation, to a County official or employee for the purpose of influencing the certification or denial of certification of any entity as a Local Small Business Enterprise. 9.2.4 If the Contractor has obtained certification as a Local Small Business Enterprise by reason of having furnished incorrect supporting information or by reason of having withheld information, and which knew, or should have known, the information furnished was incorrect or the information withheld was relevant to its request for certification, and which by reason of such certification has been awarded this contract to which it would not otherwise have been entitled, shall: CASE RECORD STORAGE AND RETRIEVAL SERVICES (RFP) 2012 Page 122
APPENDIX A: SAMPLE CONTRACT 1. Pay to the County any difference between the contract amount and what the County’s costs would have been if the contract had been properly awarded; 2. In addition to the amount described in subdivision (1), be assessed a penalty in an amount of not more than 10 percent of the amount of the contract; and 3. Be subject to the provisions of Chapter 2.202 of the Los Angeles County Code (Determinations of Contractor Non-responsibility and Contractor Debarment). The above penalties shall also apply to any business that has previously obtained proper certification, however, as a result of a change in their status would no longer be eligible for certification, and fails to notify the state and Internal Services Department of this information prior to responding to a solicitation or accepting a contract award. 9.3 Ownership Of Materials, Software And Copyright 9.3.1 County shall be the sole owner of all right, title and interest, including copyright, in and to all software, plans, diagrams, facilities, and tools (hereafter "materials") which are originated or created through the Contractor’s work pursuant to this Contract. The Contractor, for valuable consideration herein provided, shall execute all documents necessary to assign and transfer to, and vest in the County all of the Contractor’s right, title and interest in and to such original materials, including any copyright, patent and trade secret rights which arise pursuant to the Contractor’s work under this Contract. 9.3.2 During the term of this Contract and for five years thereafter, the Contractor shall maintain and provide security for all of the Contractor’s working papers prepared under this Contract. County shall have the right to inspect, copy and use at any time during and subsequent to the term of this Contract, any and all such working papers and all information contained therein. 9.3.3 Any and all materials, software and tools which are developed or were originally acquired by the Contractor outside the scope of this Contract, which the Contractor desires to use hereunder, and which the Contractor considers to be proprietary or confidential, must be specifically identified by the Contractor to the County’s Contract Administrator as proprietary or confidential, and CASE RECORD STORAGE AND RETRIEVAL SERVICES (RFP) 2012 Page 123
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REQUEST FOR PROPOSALS FOR CASE RECO
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TABLE OF CONTENTS 2.10 Jury Service
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TABLE OF CONTENTS D-15 Charitable C
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GENERAL INFORMATION 1.0 GENERAL INF
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GENERAL INFORMATION ‣ Q: ‣ R: T
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GENERAL INFORMATION 1.10 Contact wi
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GENERAL INFORMATION record, with th
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GENERAL INFORMATION recommend to th
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GENERAL INFORMATION Angeles County.
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COUNTY POLICIES AND PROGRAMS and im
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COUNTY POLICIES AND PROGRAMS 2.10.1
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COUNTY POLICIES AND PROGRAMS progra
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PROPOSAL SUBMISSION REQUIREMENTS 3.
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SELECTION PROCESS AND EVALUATION CR
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APPENDIX A: SAMPLE CONTRACT RECITAL
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APPENDIX A: SAMPLE CONTRACT 8.38 LI
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APPENDIX A: SAMPLE CONTRACT STANDAR
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COUNTY OF LOS ANGELES DEPARTMENT OF
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Case Record Storage and Retrieval Services RFP (Part I)

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