State of Vermont Bulldings and General Services Office of Purchasing & Contracting 10 Baldwin St Montpelier VT 05633-7501 United Stales VendorlD 0000308670 3M Electronic Monitoring Inc 1838 Gunn Hwy Odessa FL 33556 United States L no II ll(!m ID_ !tll.!!:l .P. 9.sC CONTRACT ELECTRONIC MONITORING OF OFFENDERS BY RADIO FREQUENCY(RF) MONITORI NG AND , SATELLITE MONITORING (GPS} WITH ONE PIECE BODY AnACHEDAND MULTI PIECE DEVI CE SYSTEMS CONTRACT TERMS AND ADDITIONAL INFORMATION CONTRACT #26018 3-M ELECTRONI C MONITORING OF OFFENDERS contract 10 Pago 0000000000000000000020018 ___ 1 or 5 Contract Oates Orl!1ln 01/161 2014 lo W31/201G _ 9 PS D oscr fi1 ll on: --- Contract M o1< lm111 11 ELECTRONIC MOll!JJORING $9,9$9,990.00 Buyer Name Buyer Phone Contract Status JanetJ Ovamlree! Approved UOM EA Unit Prig_ (! _ _ 0.01000 Nlllit Qty 0. 00 Max. ] Ana 0.00 THIS STATE OF VERMONT CONTRACT #26016 ("CONTRACT") IS WRITTEN· UNDER THE AUTHORITY GIVEN TO THE f,OMMI SSIONER OF BUILDINGS AND GENERAL SCRVICES IN 29 VSA § 903A TO PARTICIPATE IN COOPERATIVE PURCHASING AGREEMENTS WITH OTHER STATES. THIS CONTRACT IS WRITTEN TO ALLOW THC STATE OF VERMONT ("$.TATE" OR "CUSTOMC:R") TO PARTICIPATE IN THE WESTCRN STATES CONTRACTING ALLIANCE - NAl'IONAL ASSOCIATION OF S TATE PROCUREMENT OFFICIALS (WSCA-NASPO) MASTER PRICE AGRECMENT 1100212 wm I 3·M ELECmONfC MONITORING INC (3-M OR CONTRACTOR) ON BEHALF OF ITS AFFILIATED PROVIDING THE PRODUCT S AND SCRVICES FOR THE PURCHASE OF ELECTRONIC MONITORI NG OF OFFENDERS. THIS CONTRACT IS WRITTEN BASED ON THE REQUEST FOR PROPOSAL ISSUED BY THE STATE OF WASHINGTON ON BEHALF OF WSCA-NASPO AND THE RESULTING WSCA-NASPO MASTER PRICE AGREEMENT #00212 EFF ECTIVE JULY 01, 2013 ("WSCA AGREEMENT 1100212 ). THIS CONTRACT INCORPORATES THE SERVICES/PRODUCTS AND PRICING OF THE WSCA AGREEMENT #00212 AND All ITS TERMS AND CONDITIONS 11-iAT ARE NOT IN CONFLICT WITH THE STATE OF VERMONT CONTRACT #26018, AND THF. STATE or VERMONT ADDITIONAL TERMS AND CONDITIONS COOPERATIVE PROCUREMENTS AS THE RELATIONSI tlP APPLI ES AND ACTIVITIES APPLY TO THE STATE OF VERMONT. 1, SCOPE: CONTRACTOR WILL PROVIDE ELECTRONIC MONITORING FOR RADIO FREQUENCY (RF) MONITORING, SATELLITE MONITORING (GPS) FOR BOTH ONE PIECE BODY ATIACHED AND MULTI PIECE DEVICE SYSTEMS UNDER THE TERMS OF THIS CONTRACT, INCLUDING THE WSCA-NASPO AGREEMENT 1100212, THE PARTICIPATING ADDENDUM WITH THE CONTRACTOR FOR WSCA AGREEMENT 1100212 AND THE STATE OF VERMONT ADDITIONAL TERMS AND CONDITI ONS COOPERATIVE PROCUREMENTS. 2. TAX EXEMPTION: UNDER THIS CON TRACT, CONTRACTOR WILL WAIVE ALL TAXES FOR WHICH THE STATE OR OTHER PARTICI PATING ENTITY PROVIDES A TAX EXEMPT CERTIF ICATE. 3. ATTACHMENTS: THI S CONTRACT INCLUDES THE FOLLOWING ATTACHMENTS, WHICH ARE INCORPORATED HEREIN: A. THI S CONTRACT #26018 B. THE STATE OF VERMONT ADDITIONAL TERMS AND CONDITIONS FOR COOPERATIVE PROCUREMENTS (EXHI BIT C) C.PARTICIPATING ADDENDUM (EXHIBIT A) D. PRICE SHEETS FROM 3-M MASTER CONI RACT, #0021 2 (APPENDIX C) E. WSCA I NASPO AGREEMENT #00212 (AVAILABLE An https:llf ortross. wa.govlga/appsfContractSearch/ContriictSummary.aspx?c'=00212 F. AHS AnACHMCNT D - INTENTIONALLY OMI TIED G. AHS ATTACHMENT E - BU SINESS ASSOCIATE AGREEMENT H. AHS ATTACHMENT F - CUSTOMARY CONTRACT PROVISIONS OF THE AGENCY OF HUMAN SERVI CES 4. ENTIRE CONTRACT: THE PAR'l ICIPATING ADDENDUM, Tl IC tlOO/I 1 ;>, 11-IE STA TC OF VERMONT ADDITIONAi . TERMS AND CONDITIONS FOR COOPEMTIV[ f>ROCUREMC NTS. AHS A1 f /\ Cl IMENT C. AND AH S ATIACI tMENT F ARF HEREBV INCORPORATED INTO THIS CONTRACT. 1r A CONruc-1 rXISTS AMONG PROVISIONS WITHIN Tl-IE DOCUMENTS 11 IAT FORM 11 HS CONTRACT, THE FOLLOWING ORDER 0 1" PRECEDENCE Will APPLY: A. THIS CONTRACT #26018
Transcript
State of Vermont Bulldings and General Services Office of Purchasing & Contracting 10 Baldwin St Montpelier VT 05633-7501 United Stales
VendorlD 0000308670 3M Electronic Monitoring Inc 1838 Gunn Hwy Odessa FL 33556 United States
-~J1oi:ie#;
L no II ll(!m ID_ !tll.!!:l.P.9.sC
CONTRACT
ELECTRONIC MONITORING OF OFFENDERS BY RADIO FREQUENCY(RF) MONITORING AND, SATELLITE MONITORING (GPS} WITH ONE PIECE BODY AnACHEDAND MULTI PIECE DEVICE SYSTEMS
CONTRACT TERMS AND ADDITIONAL INFORMATION
CONTRACT #26018 3-M ELECTRONIC MONITORING OF OFFENDERS
contract 10 Pago 0000000000000000000020018___ 1 or 5 Contract Oates Orl!1ln 01/1612014 lo W31/201G _ 9 PS Doscrfi1llon: --- Contract Mo1< lm111 11 ELECTRONIC MOll!JJORING S~VLQF $9,9$9,990.00 Buyer Name Buyer Phone Contract Status JanetJ Ovamlree! Approved
UOM
EA
Unit Prig_(! _ _
0.01000
Nlllit Qty
0.00
Max.] Ana
0.00
THIS STATE OF VERMONT CONTRACT #26016 ("CONTRACT") IS WRITTEN· UNDER THE AUTHORITY GIVEN TO THE f,OMMISSIONER OF BUILDINGS AND GENERAL SCRVICES IN 29 VSA § 903A TO PARTICIPATE IN COOPERATIVE PURCHASING AGREEMENTS WITH OTHER STATES. THIS CONTRACT IS WRITTEN TO ALLOW THC STATE OF VERMONT ("$.TATE" OR "CUSTOMC:R") TO PARTICIPATE IN THE WESTCRN STATES CONTRACTING ALLIANCE - NAl'IONAL ASSOCIATION OF STATE PROCUREMENT OFFICIALS (WSCA-NASPO) MASTER PRICE AGRECMENT 1100212 wm I 3·M ELECmONfC MONITORING INC (3-M OR CONTRACTOR) ON BEHALF OF ITS AFFILIATED ~NTltlES PROVIDING THE PRODUCTS AND SCRVICES FOR THE PURCHASE OF ELECTRONIC MONITORING OF OFFENDERS. THIS CONTRACT IS WRITTEN BASED ON THE REQUEST FOR PROPOSAL ISSUED BY THE STATE OF WASHINGTON ON BEHALF OF WSCA-NASPO AND THE RESULTING WSCA-NASPO MASTER PRICE AGREEMENT #00212 EFFECTIVE JULY 01, 2013 ("WSCA AGREEMENT 1100212 ). THIS CONTRACT INCORPORATES THE SERVICES/PRODUCTS AND PRICING OF THE WSCA AGREEMENT #00212 AND All ITS TERMS AND CONDITIONS 11-iAT ARE NOT IN CONFLICT WITH THE STATE OF VERMONT CONTRACT #26018, AND THF. STATE or VERMONT ADDITIONAL TERMS AND CONDITIONS COOPERATIVE PROCUREMENTS AS THE RELATIONSI tlP APPLIES AND ACTIVITIES APPLY TO THE STATE OF VERMONT.
1, SCOPE: CONTRACTOR WILL PROVIDE ELECTRONIC MONITORING FOR RADIO FREQUENCY (RF) MONITORING, SATELLITE MONITORING (GPS) FOR BOTH ONE PIECE BODY ATIACHED AND MULTI PIECE DEVICE SYSTEMS UNDER THE TERMS OF THIS CONTRACT, INCLUDING THE WSCA-NASPO AGREEMENT 1100212, THE PARTICIPATING ADDENDUM WITH THE CONTRACTOR FOR WSCA AGREEMENT 1100212 AND THE STATE OF VERMONT ADDITIONAL TERMS AND CONDITIONS COOPERATIVE PROCUREMENTS.
2. TAX EXEMPTION: UNDER THIS CONTRACT, CONTRACTOR WILL WAIVE ALL TAXES FOR WHICH THE STATE OR OTHER PARTICIPATING ENTITY PROVIDES A TAX EXEMPT CERTIFICATE.
3. ATTACHMENTS: THIS CONTRACT INCLUDES THE FOLLOWING ATTACHMENTS, WHICH ARE INCORPORATED HEREIN:
A. THIS CONTRACT #26018
B. THE STATE OF VERMONT ADDITIONAL TERMS AND CONDITIONS FOR COOPERATIVE PROCUREMENTS (EXHIBIT C)
C.PARTICIPATING ADDENDUM (EXHIBIT A)
D. PRICE SHEETS FROM 3-M MASTER CONIRACT, #0021 2 (APPENDIX C)
E. WSCA I NASPO AGREEMENT #00212 (AVAILABLE An https:llfortross.wa.govlga/appsfContractSearch/ContriictSummary.aspx?c'=00212
F. AHS AnACHMCNT D - INTENTIONALLY OMITIED
G. AHS ATTACHMENT E - BUSINESS ASSOCIATE AGREEMENT
H. AHS ATTACHMENT F - CUSTOMARY CONTRACT PROVISIONS OF THE AGENCY OF HUMAN SERVICES
4. ENTIRE CONTRACT: THE PAR'l ICIPATING ADDENDUM, Tl IC WSCAAGl~rEMEl'IT tlOO/I 1 ;>, 11-IE STA TC OF VERMONT ADDITIONAi . TERMS AND CONDITIONS FOR COOPEMTIV[ f>ROCUREMCNTS. AHS A1 f /\Cl IMENT C. AND AHS ATIACI tMENT F ARF HEREBV INCORPORATED INTO THIS CONTRACT. 1r A CONruc-1 rXISTS AMONG PROVISIONS WITHIN Tl-IE DOCUMENTS 11 IAT FORM 11 HS CONTRACT, THE FOLLOWING ORDER 0 1" PRECEDENCE Will APPLY:
A. THIS CONTRACT #26018
State of Vermont Bulldlngs and General Serl/Ices Offlce of Purchasing & Contracting 10 Baldwin St Montpelier VT 05633-7501 United Slates
VendorlD 0000308670 3M Electronic Monitoring Inc 1838 Gunn Hwy Odessa FL 33556 United States
Phone #:
CONTRACT
ControctlD -- Page OOOQ00000000000000002GO Ill 2 of !? Conirnot O<"ttos Origin 0111PJ?014 .!LW.31/?orn cps Ooscriptlon: Contract Maximum
_El E,CJf3..0Jl.llC_M_QNITORING SERVICE $9,9~~~.1L!l_D Buyer Name Buyer Phone Contract Status Janel L Overstreet Approved _
l Unit Mnx lno # llcm ID Item Dose UOM Prlco Oly
B. THI' STATE OF VERMONT ADDITIONAL TERMS AND CONDITIONS r oR COOPEnATIVE PROCUREMENTS (D<l llBIT C) ---
c . THE PARTICIPATING ADDENDUM (EXHIBIT A)
D. PRICE SHEETS FROM MASTER CONTRACT, #00212 APPENDIX E
E. TllE WSCA AGREEMENT #00212 (AVAILABLE AT) https://fortress.wa.gov/ga/appslConlreclSearchfContractSummary.aspx?cc00212
F. AHS ATTACHMENT E ·BUSINESS ASSOCIATE AGREEMENT
0 . AHS ATTACHMENT F - CUSTOMARY CONTRACT PROVISIONS OF THE AGENCY OF HUMAN SERVICES
5. TERMS: NET 30 DAYS
6. QUANTITY: THE ANNUAL VALUE ANO QUANTITIES ARE ESTIMATED ONLY BASED ON PRIOR USAGE; ACTUAL PURCHASES MAY BE HIGHER OR LOWER DEPENDING ON THE STATE'S NEEDS.
7. DELIVERY: LIABILITY FOR PRODUCT DELIVERY REMAINS WITH THE CONTRACTOR UNTIL THE PRODUCT IS PROPERLY
Maxi Ami
DELIVERED AND ACCEPTED IN ACCORDANCE WITH THIS CONTRACT. CONTRACTOR SHALL ENSURE THAT SHIPMENTS ARE SECURELY ANO PROPERLY PACKED, ACCORDING TO ACCEPTED COMMERCIAL PRACTICES, WITHOUT EXTRA CHARGE FOR PACKING CASES OR OTHER CONTAINERS. SUCH CONTAINERS WILL REMAIN THE PROPERTY OF THE STATE UNLESS OTHERWISE STATED. DELIVERED GOODS THAT DO NOT CONFORM TO THE SPECIFICATIONS OR ARE NOT IN GOOD CONDITION UPON RECEIPT SHALL BE REPLACED PROMPTLY BY CONTRACTOR.
8. PRICING: ALL EQUIPMENT PRICING IS TO INCLUDE F.0.8. DELIVERY TO THE ORDERING FACILITY VIA UPS GROUND SHIPPING ONLY. NO REQUEST FOR EXTRA DELIVERY COST WILL BE HONORED.
9. CONTRACT PRICING: PRICING IS BASED ON WSCA-NASPO CONTRACT #00212 APPENDIX E AS ISSUED BY THE STATE OF WASHINGTON AND INCLUDED AS AN ATTACHMENT TO THIS CONTRACT. PRICING WILL BE BASED ON A DAILY RATE FOR EACH DAY A UNIT IS ACTIVATED AND IN SERVICE, ANO THE RATE WILL BE QUANTITY SENSITIVE BASED ON THE QUANTITY OF UNITS IN SERVICE.
10. THE STATE DOES NOT AGREE TO REIMBURSE CONTRACTOR FOR EXPENSES UNLESS OTHERWISE SPECIFIED IN THIS CONTRACT OR ITS INCORPORATED ATTACHMENTS. THE CONTRACTUAL AUTHORITY, AS I DENT I Fl ED BY THE NOT TO EXCEED AMOUNT. DOES NOT OBLIGATE THE STATE OF VERMONT TO EXPEND FUNDS OR PURCHASE GOODS OR SERVICES UP TO ANY AMOUNT; THE PURCHASE AMOUNT WILL BE CONTROLLED BY THE INDIVIDUAL PARTICIPATING AGENCY USING THEIR PURCHASE ORDERS OR OTHER AUTHORIZED MEANS OR REQUISITION FOR SERVICES ANO/OR GOODS AS SUBMITTED TO AND ACCEPTED BY THE CONTRACTOR.
11 QUALITY: ALL PRODUCTS PROVIDED BY CONTRACTOR UNDER THIS CONTRACT WILL BE NEW AND/OR LIKE NEW, UNLESS OTHERWISE STATED. FACTORY SECONDS OR REMANUFl\CTURED PRODUCTS WILL NOT BE ACCEPTED UNLESS SPECIFICALLY REQUESTED BY THE PURCHASING AGENCY. ALL PRODUCTS PROVIDED BY CONTRACTOR MUST MEET ALL FEDERAL, STATE, AND LOCAL STANDARDS FOR QUALITY AND SAFETY REQUIREMENTS. PRODUCTS NOT MEETING THESE STANDARDS WILL BE DEEMED UNACCEPTABLE AND RETURNED TO CONTRACTOR FOR CREDIT AT NO CHARGE TO THE STATE.
12. METHOD OF ORDERING: rURCHASE ORDERS MUST BE USED TO ORDER ITEMS AVAILABLE UNDER THIS CONTRACT. IF VERBAL ORDERS ARE GIVEN A CONFIRMING WRITTEN PURCHASE ORDER MUST BE ISSUED. PLEASE REFER TO THE ASSIGNED CONTRACT NUMBER/PURCHASE ORDER# ON ALL CORRESPONDENCE, DELIVERY DOCUMENTS AND INVOICES.
13 INVOICING: ALL INVOICES ARE TO BE RENDERED BY THE CONTRACTOR ON THE CONTRACTOR'S STANDARD BILLHEAD AND FORWARDED DIRECTLY TO THE INSTITUTION OR AGENCY ORDERING MATERIALS OR SERVICES AND SHALL SPECIFY THE ADDRESS TO WHICH PAYMENTS WILL BE SENT. . . .
14 . CANCELLATION: A TERMINATION WITHOUT CAUSE. ANY DISCRETIONARY OR VESTED RIGHT OF RENEWAL NOTWITHSTANDING, THIS CONTRACT MAY BE TERMINATED UPON WRITTEN NOTICE BY MUTUAL CONSENT OF BOTH PARTIES OR UNILATERALLY UPON 30 DAYS WRITTEN NOTICE BY EITHER PARTY WITHOUT CAUSE. THE STATE AGREES TO PAY ANY AND ALL INVOICES FOR PRODUCTS AND/OR SERVICES DELIVERED OR PERFORMED UP TO AND INCLUDING THE TERMINATION DATE.
State of Vermont Buildings and General Services Office of Purchasing & Contracting 10 Baldwin St Montpelier VT 05633-7501 United States
VendorlD 0000308670 3M Electronic Monitoring Inc 1838 Gunn Hwy Odessa FL 33556 United States
Phone#:
CONTRACT
Contract ID - Page 0000000000000000000026018 3 of s Colltract Dates Origill 01/161201'1 lo 12/31/2016 _9PS __ _ Description: Contract Maximum ELE!'.:_TRONIC MON TORING SERVICE Si!.999.~9.00 Buyer Nt11110 Buyor Phone Contract Status Janet L Overstreet Approv~
L nc ti Item ID _ _ Item Dose ___ UQM ~~;~Q ~~ _;,~~ B ST/\lE TEl~MINATION FOR NON-APPROPRIATION: THC CONTINUATION OF THIS CONTRACT BEYOND THE CURRENT BIENNIUM IS SUBJECT TO AND CONTINGENT UPON SUFFICIENT FUNDS BEING APPROPRIATED, BUDGETED. AND OTHERWISE MADE AVAILABl.E BY THE STATE LEGISLATURE AND/OR FEDERAL SOURCES. THE STATE MAY TERMINATE THIS CONTRACT, AND CONTRACTOR WAIVES ANY ANO ALL CLAIM($) FOR DAMAGES, EFFECTJVE IMMEDIATELY UPON RECEIPT OF WRITTEN NOTICE (OR ANY DATE SPECIFIED THEREIN) IF FOR ANY REASON THE CONTRACTING AGENCY'S FUNDING FROM STATE AND/OR FEDERAL SOURCES IS NOT APPROPRIATED OR IS WITHDRAWN, LIMITED, OR IMPAIRED.
C. CAUSE TERMINATION FOR DEFAULT OR BREACH. A DEFAULT OR BREACH MAY BE DECLARED WITH OR WITHOUT TERMINATION. THIS CONTRACT MAY BE TERMINATED BY EITHER PARTY UPON WRITTEN NOTICE OF DEFAULT OR BREACH TO THE OTHER PARTY
AS FOLLOWS:
I. IF CONTRACTOR FAILS TO PROVIDE OR SATISFACTORILY PERFORM ANY OF THE CONDITIONS, WORK, DELIVERABLES, GOODS, OR SERVICES CALLED FOR BY THIS CONTRACT WITHIN THE TIME REQUIREMENTS SPECIFIED IN THIS CONTRACT OR WITHIN ANY GRANTED EXTENSION OF THOSE TIME REQUIREMENTS: OR
II. IF ANY STATE, COUNTY, CITY OR FEDERAL LICENSE, AUTHORIZATION, WAIVER, PERMIT, QUALIFICATION OR CERTIFICATION REQUIRED BY STATUTE, ORDINANCE, LAW, OR REGULATION TO BE HELD BY CONTRACTOR TO PROVIDE THE GOODS OR SERVICES REQUIRED BY THIS CONTRACT IS FOR ANY REASON OF.NIED, REVOKED, DEBARRED, EXCLUDED, TERMINATED, SUSPENDED, LAPSED, OR NOT RENEWED; OR
Ill. IF CONTRACTOR BECOMES INSOLVENT, SUBJECT TO RECEIVERSHIP, OR BECOMES VOLUNTARILY OR INVOLUNTARILY SUBJECT TO THE JURISDICTION OF THE BANKRUPTCY COURT; OR
IV. IF THE STATE MATERIALLY BREACHES ANY MATERIAL DUTY UNDER THIS CONTRACT AND ANY SUCH BREACH IMPAIRS CONTRACTOR'S ABILITY TO PERFORM; OR
V. IF IT IS FOUND BY THE STATE THAT ANY QUID PRO QUO OR GRATUITIES IN THE FORM OF MONEY, SERVICES, ENTERTAINMENT, GIFTS, OR OTHERWISE WERE OFFERED OR GIVEN BY CONTRACTOR, OR ANY AGENT OR REPRESENTATIVE OF CONTRACTOR. TO ANY OFFICER OR EMPLOYEE OF THE STA TE OF MAINE, STATE OF VERMONT OR ANY OTHER WSCA-NASPO PARTICIPATING STATE WITH A VIEW TOWARD SECURING A CONTRACT OR SECURING FAVORABLE TREATMENT w1rn RESPECT TO AWARDING, EXTENDING, /\MENDING, OR MAKING ANY DETl:RMINATION WITH RESPECT TO THE PERFORMING OF SUCH CONTRACT; OR
VI. IF IT IS FOUND BY THE STATE THAT CONTRACTOR HAS FAILED TO DISCLOSE ANY MATERIAL CONFLICT OF INTEREST RELATIVE TO THE PERFORMANCE OF THIS CONTRACT.
D. TIME TO CORRECT. TERMINATION UPON A DECLARED DEFAULT OR BREACH MAY BE EXERCISED ONLY AFTER SERVICE OF FORMAL WRITTEN NOTICE, AND THE SUBSEQUENT FAILURE OF THE DEFAULTING PARTY WITHIN THIRTY (30) CALENDAR DAYS OF RECEIPT OF THAT NOTICE TO PROVIDE EVIDENCE, SATISFACTORY TO THE AGGRIEVED PARTY, SHOWING THAT THE DECLARED DEFAULT OR BREACH HAS BEEN CORRECTED.
E. WINDING UP AFFAIRS UPON TERMINATION. IN THE EVENT OF TERMINATION OF THIS CONTRACT FOR ANY REASON, THE PARTIES AGREE THAT THE PROVISIONS OF THIS PARAGRAPH SURVIVE TERMINATION:
I. THE PARTIES SHALL ACCOUNT FOR AND PROPERLY PRESENT TO EACH OTHER /\LL CLAIMS FOR FEES AND EXPENSES ANO PAY THOSE WHICH ARE UNDISPUTED AND OTHERWISE NOT SUBJECT TO SET OFF UNDER THIS CONTRACT. NEITHER PARTY MAY WITHHOLD PERFORMANCE OF WINDING UP PROVISIONS SOLELY BASED ON NONPAYMF.NT OF FEES OR EXPENSES ACCRUED UP TO THE TIME OF TERMINATION;
II. CONTRACTOR SHALL SATISFACTORILY COMPLETE WORK IN PROGRESS AT THE AGREED RATE (OR A PRO RATA BASIS IF APPLICABLE AND NECESSARY) IF SO REQUESTED BY THE CONTRACTING AGENCY:
Ill. CONTRACTOR SHALL EXECUTE ANY DOCUMENTS AND TAKE ANY ACTIONS Nl:CESSARY TO EFFECTUATE AN ASSIGNMENT OF THIS CONTRACT IF SO REQUESTED BY THE CONTRACTING AGENCY;
IV. CONTRACTOR SHALL PRESERVE, PROTECT AND PROMPTLY DELIVER TO THE STATE ALL EQUIPMENT. DATA, PROPRIETARY INFORMATION AND ANY OTHER PROPERTY OWNED BY THE STATE THEN IN CONTRACTOR'S POSSESSION .
15. CONTRACT TERM: THE TF.RM OF THIS CONTRACT IS JANUARY 16, 2014, TO DECEMBER 31, 2016 WITH THE OPTION TO EXTEND THE CONTRACT FOR TWO ADDITIONAL 12 MONTH PERIODS.
State of Vermont Bulldlngs and General Servl<:es Office of Purctiaslng !. ConlF.lcllng 10 Baldwin St Monlpel\er l/f 00833-7501 United St.ates
Conlroct ID PO(lO 000000000000000000002ao1 e d ol 6 Contract Dates Origin 01/1612014 lo l?.131/2016 CPS OoscrlpUon: Contract Moxlmum ELECTRONIC ~ONl10B!.N~ !?~RylCE __ Sj,~!¥}~.00 Buyer Namo Buyor Phono Contract Status Janel L Ovorstreot lls>fl!OV~~
UOM Unll Price
M~1t Qty,
16. VERMONT STATE COLLEGES: THIS CONTRACT IS ALSO AVAILABLE FOR U8E BY THE UNIVERSITY OF VERMONT AND THE VERMONT STATE COLLEGES INC .. A SEPARATE CORPOAATION, HAVING UNDER ITS JURISDICTION CASTLETON STATE COLLEGE. JOHNSON STATE COLLEGE. L YNOON STATE COLLEGE, COMMUNITY COLLEGE OF VERMONT, AND THE VERMONT TECHNICAL COLLEGE.
17. TOWNS AND SCHOOLS or- Tl IE STATE OF VERMONT: ?OUTICAL SUBDIVISIONS AND INDEPENDENT COLLEGES OF THE STATE MAY PAATICIPATE IN THIS CONTAACT AT THE SAME PRICES, TERMS ANO CONDlllONS.
16. ADDITIONAL PURCHASERS: THE UNIVERSITY OF VERMONT, VERMONT STATE COLLEGE. POLITICAL SUBDIVISIONS, AND INDEPENDENT COLLEGES OF THE STATE OF VERMONT ARE COLLECTIVELY DEFtNEO AS THE "ADDITIONAL PURCHASERS". ITEMS FURNISHED TO AOomoNAL PURCHASERS WJLL BE BILLED DIRECTL y TO AND PAID FOR &Y THE AODITIONAL PURCHASERS; AND NEITHER THE STATE OF VERMONT NOR ITS COMMISSIONER OF BUILDINGS /\NO GENERAL SERVICES SHALL ASSUME f\NY RESPONSIBILITY OR LIABILITY FDA THESE PAYMENTS OR ANY OTHER ELEMENT OF ADDITIOIW PURCHASERS' PARTICIPATION IN Tl11S CONTRACT.
19. INTER·AGEt~CY NOTICE: PAR1'1CIPATING ENTITIE:S ARE REQUESTED TO ADVISE THE PURCHASING AGENT AT ONCE OF THE FAILURE ON THE PART 01" THE CONTAACTOR TO FULFILL ANY OF THE TERMS OR CC>NDITIONS OF THIS CONTRACT,
20. SUPPLIER CONTACT FOR SERVICE: 3-M CONTACT PAUL DREWS CONTRACT NUMBER: 480-363-6554 EMAIL: [email protected]
21. REMIT PAYMENTS: PAYMEWS SHALL BE REMITTED TO THE FOLLOWING ADDRESS: :l M ELECTRONIC MONITORING 1838 GUNN HIGHWAY ODESSA, Fl 33556
IF YOU HAVE ANY QUeSTIONS REGAAOING THIS DOCUMENT PLEASE CONTACT: JANET OVERSTREET PURCHASING AGENT 802-828·2210 F~ 802-828-2222 jet'let.overstrefJl@&tete.vt.us
WE THE UNDERSIGNED PARTIES AGREE TO BE BOUND BY THIS CONTRACT
By the SlelB or Vermont Dapart111cnl of Corre\.'Uo11s
' i , , • ' 1144"'' OOO(IUUQOU(\(1(1()(1!~11)()0021\QI" ll ul r. r;1~111 11r1 OA!u 11.:,,11o IJl/11 •0111 I I• 1lV.llf.2011 t l•S 0~•,111.111011• Cu11\1P<I Mn•h1111111 I 11 l :llC<lllll l ,Vlllllfll1Ull1:\l t1V~ I ~·1.l'!l'H•Hlll:U
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State of Vermont Addltlonal Terms and Conditions to thu NASPO Terms and Condltlons and Required Forms
Cooperative Procurements (Exhibit C)
Confldonli11ll ty: The suoo~:.i.ful response will become r)art of lhC! contract fife and will become e matter of publlc record as will all other responaes received 11 ihn rospom~e inolUIJcs mnterlal thol is considered by the bidder to be proprietary and confidential under 1 VSA, Chapter 5, the bidder sfmll r.learly desigMte tho materlol os such, explaining why such material should be considered confidential. The biddor must iderillfy cuch page or section ol the response that 1l llelieves Is proprietary and confidential with s.ufficient gro1.Jnds to justify each exemption from 1elcase, including the prospective harm to tile competitive position of the bidder if the identified material were to be released. Under no etrcumslances can tho anHre response or prlcc information be marked confidential. Responses so marked may not be considered
2. Appropriations: If this con1ract extends into more than one fiscal year or the State (July 1 to June 30), and if appropriations are insufficient to support this contract, the State may cancel al the end of the fiscal year, or otherwise upon the expiration of exiling appropriation authority.
3. Independence, Llabllity: The Contractor w~I act in an independent capacity and not as officers or employees of the State.
The Co11tractor shall dofend lhe S1ate and Its olficers and employees against all daims or suits arlsing in whole or in part from any act or omission of lhe Conllac\or or of any agent of tho Contractor. The State shall notify the Ccmtrac<or in the even! of any such clairn 01 suit, and !he Con(rac\or st\all lrnrn~dlately retal11 counsaJ and otherwise provide a complete defense against the entire claim or suit
After a final judgment or settlement the Contractor may request recoupment of specific defense cosls and may file suit In Washington Superior Court requesting recoupment. The Contractor shall be entitled to recoup costs only upon a showing that such costs were entirely unrelated to the de!ense of any claim arising from an act or omission of the Contractor.
The Contractor shall indemnify the Slate and its officers and employees in the event that the State, ii$ officera or employees become legally obligated to pay any damages or losses arising from any act or omission of the Confraclor.
4. Insurance: Before cornmancing work on th is contract the contractor muet provide certificates of insurance to show that the following minimum coverages are in effect. It is the responsibility of the contractor t<,:> maintain current certifioates of Insurance on file with the state th(OOgh the term of the contract.
Workers 9<>mpensa/ion: With respect to all operations performed, the contractor shall carry workers' compensation Insurance in accordance with the laws of the State of Vermont.
Gcmera/ l.i? /Jll11.t..!mrl.1!1.!2.11!/.l.&QaJJH1Jl!l.: With respect to atl operations performed under the contract, the contractor shall carry general liability Insurance having nll mAjor divisions of coverage including, but not limlled to:
Premises - Operations Products and Completed Operations Personal Injury Liabili(y Contractual I iability
The policy shall be on an occurrence form and limits shall not be less than:
$1 ,000,000 Per Occurrence $1,000,000 General Aggregate $1,000,000 ProduCWComplt.~ed Operations Aggregale $ 50,000 Fire/ Logal/l.niblllly
Contractor shall name the State of Vermont and its officer$ and employees as additional insureds for lialJllity arising out of this contract.
~ulomotiy/$ Liability: The.contractor shall carry automotive liability insurance covering all motor vehicles, including hired and non-owned coverage, used in con~ection with the contract. Limits of coverage shaU not be less than: $1,000,000 combined single llmit.
Contractor shall name the State of Vermont and its officers and employees as additional insureds for liability arising out of this contract.
No warranty is made that the coverages and limits listed herein are adequate to cover and protect the Interests of the contractor tor the contractor's operations. These are solely minimums that have been establlshed to protect the interests of the State.
5. Set Off; The State may set off any sums whlbh the Contractor owes the Stale agains\ any sums due the Contractor under this contract; provided, however, that any set off of amounts due the State of Vermont as taxes shall be in accordance with the procedures more specifically provided hereinafter.
6. No Gifts or Gratuities: Contractor shall not give title, or possession of anything of substantial value {including property, currency, travel and/or education progl'ams) to any officer or employee or the State during the term of this contract.
7. Corllflcallon for apparel, footwour, and tcxtllos (sweats It op prohibition): Before commencing work on this contract. 11'!e conlra.ctor must provide certification rrorn each supplier that moats the requirements ol 29 V.S.A. §922(a) a!> well as a lbl of the r.amL>s and address~s of each supplier. as required by 29 V.SA §9'2(1>). Conh actor certifies tllat if, at any Ume during the contract r>eriod, there are changes to ihe lnfonnation In the certification or to the llst of suppliers the contractor will promptly inform the Commissioner of Buildings ond Genarl!I SP.rv1ces of such changes
Electronic Monitoring of Offenders Administered by the State of Washington (hereinafter "Lead State")
MASTER AGREEMENT 3M Electronic Monitoring, Inc. Master Agreement No: 00212
(hereinafter "Contractor")
And
STATE OF VERMONT Contract# 26018 (Exhibit A)
(hereinafter "Participating State/Entity") Page 1 of 3
1. ~: This addendum covers the Electronic Monjtoring of Offenders ~ed by the State o! W ashinglon for use by state agencies and other entities located in the Participating State/Entity authorized by that state's statutes to utilize •tate/entity contracts with the prior approval of the state's chief procurement official.
2. Participation: Use of specific WSCA-NASPO cooperative contracts by agencies, political subdivisions and other entities (including cooperatives) authorized by an individual state's statutes to use state/entity contracts are subject to the prior approval of the respective State Chief P:rocurement Official. Issues of interpretation and eligibility for participation are solely within the authority of the State Chief Procurement Official.
3. Parti.~.i.pating State_MQ_dfficahpns or A.9.ditions to Mas1cr Agreement: (These modifications or additions apply only to actions and relationships within the Participating Entity.)
This agreement between the contractor and the participating state will include all terms and conditions of the Sfate of Vermont con.tract number #Z6018. In addition to the body of the contract the following attachments applyi State of Vermont Additional Terms and Conditions to the NASPO Terms and Conditions and Required Forms Cooperative Procurements, this Participating Addendum, the Master Contract Agreement #00212, Attachment E -Business ~ssociate , Agreement, and. Attachment F - Customary Contract Provisions of the Agenay of Human Services.
4. Primary Contacts: The primary contact individuals for this Participating Addendum are as follows (or their named successors):
Con~ Name ---
Address
'I'elephone
Paul Drews, Vic;-Pr"esident of Strategic Acc...;;.o..;.u_nt_s ___ ~----3M Electronic Monitoring, Ina. 1838 Gunn Hvvy Odessa, FL 33556 ( 48Q.) 363-6554
John Mclnlyrn, P~.h.!l.!.i!'SJ Ag-£?nj_ _ _ Stat~ of Vermont Officeo of Purchasing and Conuacting l 0 8aldwin Stteet ~on\peller._Y'f.,05633 602-830-2£10 802·028-2232 john~mclniyn_;@H.laCo .vt.ue
Pagel of 3 ---- ·- -·l -- - ·-
S. ~:u.bcontra~ AU SM Electtol'liC Mcmitoring, Inc. deat~l'.8 and resellox" authorh:ed. in tl~ .State- ct Ve.nuant, aa sh~wn on tM dedicak:ld :JM BJ~ltunic MfJnitc;ring, J.»c. (cooperative ccmt:raet) website. aie approvGd to providA!S eiales Ml.d senic& aupport to piuticipants in the WSCA-NASPO Maa\er Price Ag.reement. Tna SM Electronic Monitoring. l11c. dealer's por1icipation will be in accordance with the tOJmS and oonditions &et torth in the aforementioned Master AgreemC-!nl.
6. Q[Qers; A:Jty Order pla.cod l.iy a Pai\icipa.tin~ Entity or Purchasing Entity for a Product and/or Senica ;:1vaUab)o from this Master A9reamant shall ba deemed to be a sale under (and governed by the prices and other <e.r.nls at\d condlliona) of the Master Agreemettt unlesa the parties to the Oeder agreti! in writing tllat andther contract or agreoment appliGs <o euc-h Order.
IN WITNESS WHEREOF, th~ partie$ have eicocut~d this AddOt\dum a:J of the date of e~ecution by both parties below.
'-~-~- --·--- ··---Pauicipating Stato: St t r V t a e o ermon _ .. _ . - . - _ ...
{Plea•• e1qaH fully exoeuted PDF oopJ of this doc1UU•nt to ~S!!!...••S»tl!.Cl!SJ to aappon documci.ntatlon of pa.tlelpatioa. and
posU.g ln appl1'0priate data lla&e•J
Contract 00212 with 3M Electronic Monitoring, Inc. for Electronic Monitoring of Offenders
APPENDIX E PRICE SHEETS Daily is defined as 12:00 AM to 11 :59:59 PM. Pricing shall be the not to exceed pricing en a pc:- ~roductlse:vice basis.
CATEGORY 1- RADIO FREQUENCY (RF) ELECTRONIC MONITORING
Description Qty Unit Da.ily Rate* R-:-. a_d_i_o""'F=-.r-eq_u_e_n_c_y-·(RF--,,,--:) -:C-o-n--:ti-n-u-ou_s_S::-i:-g-n--:aJ-,-in-g~E-:-lc-c-tr-o-n.,.,ic'-::M~o-n-:-it-o--:ri-n-g--=s--:e-rvJ-.-ce-..,.,E--:q-u7ip-rn-cn-t/U-=-m-.t(~ in use) J - J 00 EA $ l.33 _,
(Receiver (i-lcme \.;nit) · Landline Communication Connection) 1 OJ - 250 EA $ l. 75
' Body-Attached Ankle Bracelet (transmitter): I 251 - 500 EA $1.65 Mfg.: JM Electronic Monitoring 501 - l ,500 EA $1.55 Brand1Model: 3WM Sl'{lall RF Transrnitte( !,501 - 3,000 EA. Sl.50
With Receiver/Ifome Unit with Landline Connection: 3,00t1- 1 EA $.l& Mfg.:JM Electron ic Monitoring
Moniforinfl Service!Unit (when in u11e) I l - 100 I EA
I $0.00
101 - 250 EA $0.QO 251 - 500 EA S0.00
Briind/Model: 31v1T"' Home Curfew RF ~ionitoring System
501- 1,500 EA $0.00
(•Daily rate determined on a per customer basis.) 1,501- 3,000 EA S0.00
3,001+ EA $0.00
r-- - --- - - De.scrfption I ____ Q!Y ___ L Unjj: J Daily Rate" I IUdio ~q'7.ency {RF) Continuous SignaJing Electronic Monitoring Service l -' 100 I = I Egui(!ment!Unit (when in use) • EA $2.50
(Receiver (Home Unit) - Cellular Communication Coonection) 101- 250 EA $2.50 251 - 500 EA $2.50
I Body-Attached Ankle Bracelet (transmitter): SO J - l ,500 EA $2.25 ' Mfg.: 3lv1 Electronic Monitoring
Brand/r\.fodel: 3M™ Small RF Transmitter 1,501 - 3,000 EA SU.2 3.001 + EA $1.95
With Receiver/Home unit with Cellular Communication: Monitoring Service/Unit (when in.use) 1. l 00 EA S.M.Q Mfg.:3M Electronic Monitoring 101-250 EA $y.OO BrandrModel: J..M'.: .. '.J:lome Curfew RF MQ11itorin11: S;tstem ·Ceil 2S i - 500 EA $0.00
501 - l ,500 EA $0.00
I (*Daily rate detennined on a per customer basis.) l,SOJ - 3,000 EA $0.00
3,001+ EA $0.00 l
Page 164of173
Contract 00212 with 3M Electronic Monitoring, Inc. for Electronic Monitoring of Offenders
r Descdpti.oo Unit UnitPrice 1 I Lost/Dama£ed/Sto1en EauipmentReplacement for above RF Continuous Sian.alinl? Electronic Monitorin2 Eonioment I l i Body-Attached Ankle Bracelet EA $17s.oQ I
Mfg.: 3M Electronic Monitoring Brand/Model: ~-~IJ!lllL.BE.Jransrrii~r ft
Receiver (Home Unit)- w:th Landline communication connection. EA S425.00 ' Mfg.:3M Electronic Monitoring I Brand/Model: JMTM !j9me Curfew RF Monitoring Svstem
Receiver (Home Unit) - with Cellular communication. EA I $689.0Q ~ I Mfg.:3M EL~!ronic Monitoring
'. Brand/Model: Th\"'1 H.~CJ11few RF Monitoring System - Cell I l
-· -- _ - __ Description - - - I Qty l Unit 1
Daily Rate*
Preferred Optional Service: Radio Frequency (RF) Randont/Scheduled Tr: · ~
I l !;guil!mentfUnit (when in use) I ~ 100 EA $0.9S
Brand/Model: 3M™ Voice Ver1ftcation S~ero 251 - 500 EA $0.80
SOI - 1000 EA $0.70
1001 + EA $0.60
!\'tonitoring Servke!Unit {when in use} 1 - 100 I Err-$0.00 I Basic Monitoring S.ervice (24x7 help desk and automated alert notification is included. m fl.le equipment/unit abov~
101-250 EA · $0.0-0 25l - 500 EA S0.00
501 - lOOO
I EA $0.00
("'Daily rate determined on a per customer basis.) 1001 + EA I SO.OD I
Page 165 of 173
~ j
Contract 00212 with 3M Electronic M1>nitoring, Inc. for Electronic Monitoring of Offenders
"Description I Order Qty Un.it Unit Price Preferred Optional Service.: Radio F-~queocy (RF) Mobile (Drive By) Rec.eh:er Egui(?ment!Unit 1 - 50 EA $900.0.Q Mfg.: 3M Electronk MonitQrif'lg 51 - 100 EA SS00.01) BrandiModel: 3MTM Officer Mobile Unit 101 + EA S:Q_Q.00
Oailv l<af"e (DoiJv rate :mnlics when dc,·i.:c is leased and Qln..:cd iR ~gcflc•~~ inv~ntt'I"' ·l h EA $1.45 . Optional Senic.e: Radio Frequency (RF) Electronk Monitoring Service - OptionaJ Vendor Provided Offender Services
Vendor may offer and provide Radio Frequency (RF) Monitoring s~rvice on an optional basis for both juvenile and adu It Participants to Agencies operating on a local or statewide basis. Vendor shall provide staff to implement this program and may recoup the costs for lhefr services directly from the Agency a11d!or Participant. Vendor's acirr,inistrative fee to administer (includ'.ng invoicing services) ar.d provide an optional Offender Funded Program shall be an additional See Below per unitiday. ·
Vendor shall provide stafftc implement this program and may recover the costs for their services at a negotiated amount direccly from the Agency and/or Participant.
6. Off!:ndcr fonik~_Q!_oJ.lli.mlh~~cd M agc11cy ?.CccRting. financiai liabiil!y_UJ1!IB..9if.£!)<.!cJ:...P..l.ll'lllcnt dcfuult).
Optional Radio Frequency (RF) Monitoring Services Qty Unit Daily Rate*
Optional A!ert Notifications (Referenc;e Specifications. 5.0) l .. Closed-loop Notification (notify with confirrnMion of Officer catl-back verification) I EA $0.05 2. Escalating notificaton (notify, pause fer call-back yerification, escalate to notify next Officericontact, pause,
continue) I EA $9:.Q.~ . J . Identify any/all system automaterl capabilities I EA $0.0Q
Page 166of173
I
•
Contract 00212 With 3M Eleckonic Monitoring, me. for Eledronie Monitoring of Offen.den ·
Curfew and equipment sta!us optional alerts reports other than by web-based synem and/or email (Reference Specifications. ! 5.1 -5.ll)
1. By Fax 1 BA: $!l&Q 2. AJld/or by :eiephoce L EA $0.40
) Verbal notification made by Monitoring Cenmr staff to agency personnel or offenders on an optional basis (Reference I I Soecificaiions. 5. l :L) . Pricin!( is on a ··oer calf' basis. l EA See Above ~ x ~
Page 167 of173
Contract 00212 with 3M Elcdronic Monitoring, Inc. for Electronic Monitoring of Offenders
APPENDIX E PRICE SHEETS Daily is defined as 12:00 AM to 11 :59:59 PM. Pricii:.r shall be the not to excee~rit:lng on a per rroduc· sen ice basis.
CATEGORY 2 - ALCOHOL MONITOR.ING EQUIPMENT AND SERVICE
Optional Service: Alcohol Monitoring Equipment and Service - Optional Vendor Provided Offender Sen;ces
Venda:- may oITe; and pro\ ide 3J\ offender funded program for Alcohol Monitoring Equipment and Service. Vendor shall provide staff to implement this program and may recoup the \.Osrs for lheir s~r. ices dirccil) ftom the Agenc} aru:!tor Panicipa~t; Vendor's administrative fee to administer (including invoicing services) and provide an opti·:>n~I Offender FuI1dcd Program shall be an additional See Bdow per unit/day.
I Ve!ldor shall provide staf: ro in;plcr.ier.t this program and may recover the costs for their services at a negotiated amour.t directly from the Agency andlor Participant.
. Description of OptionaJ Servkes Typical Daily Charge
1. Data Entry- Offender Enrollment/Changes/Removal from system software $0.40/unit/day
2. 0;;~.i:c lnst.1rl;J;iun:a11~~!!"'1l b..~c'!tl na SM 111ijl <l~r>lov:r.\'Tll r-111111lcLJ1rll;;rom cri.Sf!Jgjfill~~goti<tlcd on a q.<e by cn.<.e l:>llsi~l
3. 9JJ1.bol,!!!Q_~1lu12..2ffcn<l~rs (11rntui;~1 I agreecl..!!lliill.PV vendor a!lil~ncl._\.Yith 12ricjng_ muo the !isted ra~
4. fJuthour.d caib h' r>fficcr-; 1 nr,,:(\Cl'I :i~n:cd urpn ' 'v ·, cnd~,r :md :1;.;~:c" \\ hh ;irking up to the listed rate)
~ 5. Out~u:-d c.111.; ul olli;:~rs an<l olT..:nclt:r.. CprOll'~<'I ai:rec:d upo'l b~ vendor nm! agency witb P.ricing tip to Lhe I isled rate)
6. Qffc!J.Qcr fuadcd ~m (based on nit:J!..:V :\i.:t::e[?tin~ _ii11\ln1.Ci:il 111btlit\Jm'l2. l'ffcnslcr on-.mcm default1 I
$1 ~25/uni1/ day
$0.50/unit/ day
$0.40/unit/ day
$0.90/unit/ day
$2.00/unit/ day
Descriotioo Daily _Rare•]
Alcohol ).lonitQring ~uipment and Service - Optiomd Sen-ic~---------------------Description of Opti~mal Services:
l: 3fvfTM Remote Alcohol & Curfew Monitoring System
Contract 00212 with 3M Electronic Monitoring, Inc. for Electronic Monitoring or Offenclers
CATEGORY 3 - SATELLITE MONITORL~G AND REMOTE TRACKING SERVICE (GLOBAL POSITIONING SYSTEM (GPS)}
Using One-piece Body~attacbed Device
- --------- Description Qfy \ Unit 1
Daily Rate* Satellite Monitoring and Rei:note Tracking Service (One-piece Body-attached Device) - Actrve, livbrid and Passive Mode. Equipment/Unit (when in use): I ,
(Includes additional accessory (beacon/similar device) fo~ in-home use when needed at no additional cost.)
Monitoring Senice for Active Mode/Unit (when in use): I
:Monitoring Sen·ice for Reguired Ilvbrid Modert.lnit (when in use) : (Referenee Specifications Sections 4a. l 3 and 4a. l 6)
Thi:> pricing also appli~s to the vendor's own Optional Hybrid Mode program. Contact vendor for details.
Monitoriog Service for J>assive Mode/Unit (when in nse):
(*Daily rate determined on a per customer basis.)
Page 170 of I 73
1 - JOO 101 - 250 251-500
501 - 1,500 1,501 - J,-000
3.001+
1 - 100 lOi -250 I 25) -500
501 - l,500 1,501 -3,000
3,001+
I - JOO 101-250 251 - 500
501- ~.soo
1,501 - 3,000 3,00 1+
1 - 100 101-250 25i -500
50l - 1,500
1,501-3,000 J,001+
I
EA EA EA EA E.t\ EA
EA EA EA EA EA EA
EA EA EA EA EA EA EA EA EA EA EA EA
$l:JQ $3.10 $3.HJ
$3 .0S
$3.05 $3.00
$0,JQ SQ.,;.Q $0.10 $,QJ.Q SQ,10
so.to
SQ..QS. S.Q.02 SQ.&~ $0.05
$.Q,l.~ S0.05
$.Q..QQ $0.00
$0.00 $0.00
$0.00 $0.00
I
Contract 00212 with 3M Electronic Monitoring~ Ine. for Electronic Monitoring of Offenders
~· •• • ==Dcs';.iplion 1
- == I Unit I Unit Price
I Required: Lost!DamagediStolen Equipment Replacem ent fo..- above one-pie·ce body-attached device for Satellite Monitoring I I and Remote Tracking Service i
; .. ·
Body-attached Bracelet Dev\ce I Mfg.: 3M Electronic Monitoring
EA $650.00
Brand/Model; 3WM One-Piece OPS Offender Trackinj! Device I I ; Accessory (such as beacon or similar devi~e) for enhar:ced location verjfication and landlme communii;ation at home.
Mfg. : 3M Elec~rcnic Monitoring Brand/Ivfodel:J?\:fTM Home Curfew B~~-Unit (B_eacon}
FA S325.00
Optional Service: Sntellite Monitoring and Remote Tracking Service for One-piece Body-attached Device - Optional Vendor Provide1l Offender Services
Vend or may offer and provide Sa~cllitc Mon i>oring and Remote Tracking Service on a preferred optional setVicc bn.sis for both juvenile an.d adui: Participants to Agencies operatfog on a local -Or statewide basis. Vendor shaH provide staff to implement this prograrr: ar.d may teccup the cost'> for their sen i~es directly fro:n
I the Agency andior i>arti~ipant. Vendor's administrative fee to administer (including invoicing Stli\'ices) and provide a p:-eferred option11i Offen<ler Fundeci Program shall be an additici1al See B~low per unit/day.
Vendor shall provide staff to implement this program and may recover the costs for their services a~ a negotiated amount directly from the Agency and/or Participant. ·
Description of Optional Services
I. Data Ent.'\ - Offender Enrollrn::n11Changes!Rem2val from S\Stem sofl·.\art
2. Pnsjll! f()st<1ll~tion i1ntl Rctrievsl based Oii 500 \1nit..Q£n!ovmcnt (small£!' prpgrain cri~ ing. will be ncgolintcci on :i case b,· ca..'ic basis}
5. Quibou!:!Q_gl)s to ofE~!,!l~. qff£11~q1.(QLotocol agr~UIQ...9J< by~dO.!:JIJ.1d ag~ with pricing UR to the \ist<;;d rate)
6. Offender funded prc>gr:;m ! @scd gn !\!l.C.n~v <!C<;'.~iin11 nnfil1da! ILa~ili cv upon offender Pfil:1TleOtdefill!l.0
Page 171 of173
Typica,l Daily Charge
$0 .40/uni1/day
$ l .25funit! day
$0.50/unit/ day
S0.40/unit/ day
$0.90/unitf day
$2.00/unit/ day
Contract 00212 with 3M Electronic Monitoring, Inc.. for Electronic Monitoring of Offenders
CATEGORY 3- SATELLITE MONITORING AND RE:MOTE TRACKING SERVICE (GLOBAL POSITIONING SYSTEM (GPS))
Using Multi-Piece System l r=- - ~ - - -- --~- ~- - - --~ ~ -~ --- .. -~- --'l"""' _ _, ___ ~----..-==-====---=
I DescrlptiQn Qty Unit Daily Rate1'
Satellite Monitoring and Remote Tracking Service (MuJti-piece System) I - Active, Hybrid and Passive Mode. Eguipment/Unit (when in use): 1 - 100 EA $4.25
Description Unit I Unit Price Required: L<ist/Damaged/Stolen Equipment Replacement for above multl-pie<:c device system for Satemte Monitoring nnrl Remote Tr11ckin2 Service I
Bony-attached Bracelet Device EA $J00.00 Mfg.: 3l1'1_~lectro11i.f_Mcnitoring
Brar.d/:viodel: 3~fr"' Braceie~
Body-worn Dev.ice EA $925.00 Mfg.: 3M Electronic Monitoring
Brand/Mode\:3~FM Two-Piece GPS Offender Tracking Device ' I
Accessory (such as beacon or similar device) for enhanced location verification ru1d landiinc ccmmunicatior. at home. L:'\ $1_2.5.00
Mfg.: 3M Electronic Monitoring Brand/Model:3t"'fiM fjome Curfew Base Unit rnase Unit 2000)
n Optional Service: Sat~Jlite Monitoring and Remote Tracking Service for Multi~piece Sy8tem - Optional Vendor ProvidedOffender Services
Vendor may offer and provide Satellite Monitoring and Remote Tracking Service on a preferred optional service. basis for beth juvenile and aduft Participants to Agencies operating on a local or statewide basis. Vendor shall provide staff to implement this program and may recoup the costs for their services directly from the Agency and/or Participant. Vendor's administrative fee to administer (including invoicing services) and provide a preferred optional Offender Funded Program shall ·be an additional See Below per unitiday.
1 Vendor shall provide staff to implement this prog.am and may recover the costs for their services at a negotiated amount directly from the Agency andfor
I ?articipant. .
D escrfo ti on of Optional Services Typical Daily Charge
I. Data Enlrv - Offender EnrollmenilChangesm.t:m~nl from !'Vslem ... ~\l(!ware $0.40/unit/day
2. On~jre lns\a llalion and Rctricvnl basc<l •ln 500 unit dcP,.l<;:y1i1t::J~L{.~:n~ilo:r ;~r;::;1 tr.k.l.!n; ''-ilU?!~JJ~..=m.tl:':ti,:_.:!_qt13_i;.;i_ti.:_.!>x_ll.<!7S..ti!~'i.l $1.25/unit/ day
3. Outbm!J1d c:i_l.,Ll;.JQ. ofTc.!l<1..~L'LlJ2T01ocol agreed uoon bv vcnt.lor and l\\!,encv wi.!.11 pricir1.g up to the list1.-d rnte) $0.50/unit! day
4. Outbound c;ills tq otJkers {prClto~l agreed u1x··m b' vcn~J0J..f:!nd a~_ncv wilh prkmg up to the li~:cd rate} $0.40/unit! day
S. O\ll~nd ~alls to C1flicccs and offendc:rs (P.ro1ocol agreed ~poo Qy~!.'l~Q!.llJlJ!.agcncv with pricing. oo to .1.he listed ra....15;) SQ. 90/unit/ day
This b~siness associate agreement ("agreement") is entered into by and between the state of vermont agency of human services, operating by and through its department of corrections
(covered entity") and ("business associate") as of ("effective date"). This agreement supplements and is ll)ade a part of the contract/grant to which It is attached.
Covered Entity and Business Associate enter into this Agreement to comply with standards promulgated under the Health lnsul'ance Portability and Accountability Act of 1996 ("J-IlPAA"), including the Standards for the Privacy oflndividually Identifiable Health Information, at 45 CFR Parts 160 and 164 ("Privacy Rule"), and the Security Srandards, at 45 CFR Parts 160 and 164 ("Security Rule"), as amended by Subtitle D of the Health Information Technology for Economic and Clinical Health Act (HITECH), and any associated federal rules and regulations.
The parties agree as follows:
1. Definitio1ts. All capitalized terms used but not otherwise defined in this Agreement have the meanings set forth in 45 CFR Parts 160 and 164 as amended by HJTECH and associated federal roles and regulations. ·
"Agent" means those person(s) who are agents(s) of the Business Associate, in accordance with the Federal common law of agency, as referenced in 45 CFR § J60.402(c).
'' Breach" means the acquisition, access, use or disclosure of protected health' information (PHI) which compromises the security or privacy of the.PHI, except as excluded in the definition of Breach in 45 CFR § J 64.402.
"Business Associate shall have the meaning given in 45 CPR§ 160. l 03.
"Individual" includes a person who qualifies !}S a personal representative in accordance with 45 CFR § 164.S02(g).
"Protected Health Information" or PHI shall have the meaning given in 45 CFR § 1.60.103, limited to the information created or received by Business Associate from or on behalf of Agency.
"Security Incident" means any known successful or unsuccessful attempt by an authorized or unauthorized individual to inappropriately use, disclose, modify, access, or destroy any information or interference with system operations in an information system.
"Services" includes all work performed by the Business Associate for or on behalf of Covered Entity that requires the use and/or disclosure of protected health information to perform a business associate function described in 45 CFR § 160. l 03 under the definition of Business Associate.
"Subcontractor" means a person or organization to whom a Business Associate delegates a function, activity or service, other than in the capacity of a member of the workforce of the Business Associate. For purposes of this Agreement, the term Subcontr~ctor includes Subgrantees.
1. ldcntificntion nnd Disclosure of Privncy and Security Offices. Business Associate and Subcontractors shall provide, within ten (I 0) days of the execution of this agrccme11t, written notice to the
Covered entity's contract/grant manager the names and contact information of both the HIPAA Privacy Officer and HrP AA Security Officer. This in form a ti on must be updated any ti me either of these contacts changes.
3. Permitted and Required Uses/Disclosures of PHI.
3 .1 Except as limited in this Agreement, Business Associate may use or disclose PHI to perform Services, as specified in the underlying grant 01 contract with Covered Entity. The uses and disclosure..s of Business Associate are limited to the minimum necessary, to complete the tasks or to provide the services associated with the terms of the underlying agreement. Business Associate shall not use or disclose PHI iii any manner that would constitute a violation of the Privacy Rule if used or disclosed by Covered Entity in that manner. Business Associate may not use or disclose PHI other than as permitted or required by this Agreement or as Required by Law.
3.2 Business Associate may make PHI available to its employees who need access to perform Services provided that Business Associate makes such employees aware of the use and disclosure restrictions in this Agreement and binds them to comply with such restrictions. Business Associate may only disclose PHI for the purposes authorized by this Agreement: (a) to· its agents and Subcontractors in accordance with Sections 9 and J 7 or, (b) as otherwise permitted by Section 3.
3.3 Business Associate shall be directly liable under HIPAA for impermissible uses and disclosures of the PHI it handles on behalf of Covered Entity, and for impermissible uses and disclosures, by Business Associate's Subcontractor(s), of the PHI that Business Associate handles on behalf of Coveted Entity and tnat it passes on to Subcontractors.
4. Business Activities. Business Associate may use PHI received in its capacity as a Business Associate to Covered Entity if necessary for Business Associate's proper management and administration or to carry out its legal responsibilities. Business Associate may disclose PHI received in its capacity as Business Associate to Covered Entity for Business Associate's proper management and admini~1ratiori or to carry out it's legal responsibilities if a disclosure is Required by Law or if Business Associate obtains reasonable written assurances via a written agreement from the person to whom the information is to be disclosed that the PHI shall remain confidential and be used or further disclose<! only as Required by Law or for the purpose for which it was disclosed to the person, and the Agreement requires the person or entity to notify Business Associate, within two (2) business days (who in turn will 1iotify Covered Entity within two (2) business days a.fter receiving notice of a Breach as specified in Section 6. l ), in writing of any Breach of Unsccu.-ed PHI of which it is aware. Uses and disclosures of PHI for the purposes identified i11 Section 3 must be of the minimum amount of PHI necessary to accomplish such purposes.
5. Safegunrds. Business Associate, its Agent(s) and Subcontractor(s) shall implement and use appropriate safeguards to prevent the use or disclosure of PHI other than as provided for by this Agreement. With respecl to· any PHI that is mnintained in or transmitted by electronic media, Business Associate or its Subcontractor(s) shali comply with 45 CFR sections 164.308 (administrative safeguards), 164.3 10 (physical safeguards), 164.312 (technical safeguards) and 164.316 (policies and procedures and documentation requirements). Business Associate or its Agent(s) and Subcontractor(s) shall identify in writing upon request from Covered Entity all of the safeguards that it uses to prevent impermissible uses or disclosures of PHI.
6. Documenting and Reporting: Breaches.
6.1 Business Associate shall repo1t to Covered Entity any Breach of Unsecured PHI, including Breaches reported to it by a Subcontractor, as soon as it (or any of its employees or agents) becomes aware of any such Breach, and in no case later than two (2) b\lsiness days after it (or any of its employees or agents) becomes aware of the Breach, except when a law enforcement official determines that a notification would impede a criminal investigation or cause damage to national security.
6.2 Business Associate shall provide Covered Entity with the names of the individuals whose Unsecured PHI has beell, or is reasonably believed to have been, the subject of the Breach and any other available information that is required to be given to the affected individuals, as set forth in 45 CFR § 164.404(c). and, if requested by Covered Entity, information necessary for Covered Entitx to investigate the impermissible use or disclosure. Business Associate shall continue to provide to Covered Entity information concerning the Breach as it becomes available to it. Business Associate shall require its Suhcontractor(s) to agree to these same terms and conditions.
6.3 When Business Associate determines that an impermissible acquisition, use or disclosure of PHI by a member of its workforce is not a Breach, as that term is defined in 45 CFR § l 64.402, and therefore does not necessitate notice to the impacted individual(s), it shall document its assessment of risk, conducted as set forth in 45 CFR § 402(2). When requested by Covered Entity, Business Associate shall make its risk assessments available to Covered Entity. It shall also provide Covered Entity with I) the name of the person(s) making the assessrnent, 2) a brief summary of the facts, and 3) a brief statement of the reasons supporting t11e determination of low pl'obability that the PHI had been compromised. When a breach is the responsibility of a member of its Subcontractor's workforce, Business Associate shall either 1) conduct its own risk assessment and draft a summary of the event and assessment or 2) require its Subcontractor to co1\duct the assessment and draft a summary of the event. ln either case, Business Associate shall .make these assessments and reports available to Covered Entity.
6.4 Business Associate shall require, by contract, a Subcolltractor to report to Bus'iness Associate and Covered Entity any Breach of which the Subcontractor becomes awar~, no later than two (2) business days after becomes aware of the Breach.
7. Mitigation and Corrective Action. Business Associate shall mitigate, to the extent practicable, any harmful effect that is known to it of an impermissible use or disclosure of PHl, even if the impermissible use or disclosure does not constitute a Breach. Business Associate shall draft and carry out a plan of corrective action to address any incident of impermissible use or disclosure of PHI. If requested by Covered Entity, Business Associate shall make its mitigation aod corrective action plans available to Covered Entity. Business Associate shall require a Subcontractor to agree to these same terms and conditions.
8. Providing Notke of Breaches.
8.1 If Covered Entity determines that an impermissible acquisition, access, use or disclosure of PHI for which one of Business Associate's employees or agents was responsible cqnstitutes a 'Breach as defined in 4 5 CFR § I 64.402, and if requested by Covered Entity, Business Associate shall provide notice to the individual(s) whose PHf has been the subject of the Breach. When requested to provide notice, Business Associate shall consult with Covered Entity about the timeliness, content and method of notice, and shall receive Covered Entity's approval concerning these elements. The cost of notice and related remedies shall be borne by .Business·Associate.
8.2 ff Covered Entity or Business Associate determines that an impermissible acquisition, access, use or disclosure of PHI by a Subcontractor of Business Associate constitutes a Breach as defined in 45 CFR § 16.4.402, and if requested by Covered Entity or Business Associate, Subcontractor shall provide notice to the individual(s) whose PI:Il has been the subject of the Breach. When Covered Entity requests that Business Associate or its Subcontractor proviqe notice, Business Associate shall either I) consu It with Covered Entity about the specifics of the notice as set forth in section 8.1, above, or 2) require, by contract, its Subcontractor to consult with Covered Entity ahout tl1e specifics of the notice as set forth in section 8.1
8.3 The notice to affected individuals shall be provided as soon as reasonably possible and in no case later than 60 calendar days after Business Associate reported the Breach to Covered Entity.
8.4 The notice to affected individuals s11all be written in plain language and shall include, to the extent possible, 1) a brief description of what happened, 2) a description of the types of Unsecured PHI that were involved in the Breach, 3) any steps individuals can take to protect themselves from potetltial harm resulting from the Breach, 4) a brief description of what the Business Associate is doing to investigate the Breach, to mitigate hann to individuals and to protect against further Breaches, and 5) contact procedures for individuals to ask questions or obtain additional information, as set forth in 45 CPR§ 164.404(c).
8.5 Business Associate shall notify individuals of Breaches as specified in 45 CFR § 164.404(d) (methods of individual notice). In addition, when a Breach involves more than 500 residents of Vermont, Business· Associate shall, if requested by Covered Entity, notify prominent media outlets serving Vermont, following the requirements set forth in 45 CFR § 164.406.
9. Agreements wHh Subcontractors. Business Associate shall enter into a Business Associate Agreement with any Subcontractor to whom it provides PHI received from Coveted Entity or created or received by Business Associate on behalf of Covered Entity in which the Subcontractor agrees to the same restrictions and conditions that apply through this Agreement to Business Associate wit!t respect t.o such PHJ. Business Associate must enter into this Business Associate Agreement before any use by or disclosure of PHI lo such agent. The written agreement must identify Covered Entity as a direct and intended third party beneficiary with the right to enforce any breach of the agreement concerning the Ltse
or disclosure of PHI. Business Associate shall provide a copy of the Dusioess Associate Agreement it enters into with a subcontractor to Covered Entity upon request. Business associate may not make any disclosure of PHI to any Subcontractor without prior written consent of Covered Entity.
10. Access to PHI. Business Associate shall provide access to PHI in a Designated Record Set to Covered Entity or as directed by Covered Entity to an Individual to meet the requirements under 45 CFR § 164.524. Business Associate shall provide such access in the time and manner reasonably designated by Covered Entity. Within three (3) business days, Business Associate shall forward to Covered Entity for handling any request for access to PHI that Business Associate directly receives from an Individual.
11. Amendment of PH(. Business Associate shall make any amendments to PHI in a Designated Record Set that Covered Entity directs or agrees to pursuant to 45 CFR § 164.526, whether at the request of Covered Entity or an Individual. Business Associate shall make such amendments in the time and manner reasonably designated by Covered Entity. Within three (3) business days, Business Associate sha.11 forward'to Covered Entity for handling any request for amendment lo PHI that Business Associate directly receives from an Individual.
12. Accounting of Disclosures . Business Associate shall document disclosures of PHI and all information related to such disclosures as would be required for Covered Entity to respond to a request by
an Individual for an accounting of disclosures of PHI in accordance with 45 CFR § 164.528. Business Associate shall provide such information to Covered Entity or as directed by Covered Entity to an Individual, to permit Covered Entity to respond to an accounting request. Business Associate shall provide such information in the time and manner reasonably designated by Covered Entity. Within three (3) business days, Business Associate shall forward to Covered Entity for handling any accounting reques1 that Business Associate directly receives from an Individual.
13. Books and Records. Subject to the attorney-client and other applicable legal privileges, Business Associate shall make its internal practices, books, and records (including policies and pro.cedures and PHI) relating to the use and disclosure of PHI received from Covered Entity or created or received by Business Associate on behalf of Covered Entity available to the Secretary in the time and manner designated by the Secretary. Business Assoaiate shall make the same information available to Covered Entity, upon Covered Entity's request, in the time and manner reasonably designated by Covered Entity so that Covered Entity may determine whether Business Associate is in compliance with this Agreement.
14. Termination.
14.J This Agreement commences on the Effective Date and shall remain in effect until terminated by Covered Entity or until all of the PHI provided bY. Covered Entity to Business Associate or created or received by Business Associate on behalf of Covered Entity is destroyed or returned to Covered Entity subject to Section 18.7.
14.2 If Business Associate breaches any material term of this Agreement, Covered Entity may either: (a) provide an opportunity for Busines!l Associate to cure the breacl'i and Covered Entity may terminate the contract or grant without liability or penalty if Business Associate does not cure the breach within the time specified by Covered Entity; or (b) immediately terminate the contract or gran1 without liability or penalty if Covered Entity believes that cure is not reasonably possible; or (c) if neither termination nor cure are feasible, Covered Entity shall report the breach to the Secretary. Covered Entity bas the right to seek to cure any breach by Business Associate and this right, regardless of whether Covered Entity cures such breach, does not lessen any right or remedy available to Covered Entity at law, in equity, or under the contract or grant, nor does it lessen Business Associatc's responsibility for such breach or its duty to cure such breach.
1!i. Return/Destruction of PHI.
l 5.1 Business Associate in connection with the expiration or termination of the contract or grant shall return or destroy, at the discretion of the Covered Entity, all PHI received from Covered Entity or created or received by Business Associate on behalf of Covered Entity pursuant to this contract or grant that Business Associate still maintains in any form or medium (including electronic) within thirty (30) days after such expiration or termination. Business Associate shall not retain any copies of the PHJ. Business Associate shall certify in writing for Covered Entity (1) when all PHI has been returned or destroyed and (2) that Business Associate does not continue to maintain any PHI. Business Associate is to provide this certification during this thirty (30) day period.
1 s:2 Business Associate shall provide to Covered Entity notification of any' conditions 'that Business Associate believes make the return or destruction of PHl infeasible. If Covered Entity agrees that return or destruction is infeasible, Business Associate shall extend the protections of this Agreement to such PHI and limit further uses and disclosures of such PHI to those purposes
that make the return or destruction infeasible for so long as Business Associate maintains such PHI. This shall also apply to all Agents and Subcontractors of Business Associate.
16. Penalties and Training. Business Associate understands that: (a) there may be civil or criminal penalties for misuse or misappropriation of PHf and (b) violations of this Agreement may result in notification by Covered Entity to law enforcement officials and regulatory, Accreditation, and Jicensure organizations. If requested by Covered Entity, Business Associate shall participate in training regarding the use, confidentiality, and security of PHI.
17. Security Rule Obligations. The following provisions of this section apply to tbe extent that Business Associate creates, receives, maintains or transmits Electronic' PHI on behalf of Covered Entity.
17.1 Business Associate shall implement and use administrative, physical, and technical safeguards in compliance with 45 CFR sections 164.308, 164.310, and 164.312 with respect to the Electronic P.HJ that it creates, receives, maintains or transmits on behalf of Covered Entity. Business Associate shall identify in writing upon request from Covered Entity all of the safeguards that it uses to protect such Electronic PHI.
l 7.2 Business Associate shall ensure 1hat any Agent and Subcontractor to whom it provides Electronic PHI agrees in a written agreement to implement and use administrative, physical, and techllical safeguards that reasonably and appropriately protect the ConfidcniraJity, Integrity and Availability of the Electronic PHI. Business Associate must enter into this Wl'itten agreement before any use or disclosure of Electronic PHI by such Agenl or Subcontractor. The written agreement must identify Covered Entity as a direct and intended third party beneficiary with the right to enforce any breach of the agreement concerning the use or disclosure of Electronic PHI. Business AsRociate shall provide a copy of the written agreement to Covered Entity upon request. Business Associate may not make any disclosure of Electronic PHI to any Agent or Subcontractor without the prior written consent of Covered Entity.
17.3 Business Associal'e shall report in writing to Covered Entity any Security Incident pertaining to such Electronic PHJ (whether involving Business Associate or an Agent or Subcontractor). Business Associate shall provide this written report as soon as it becomes aware of any suc11 Security Incident, and in no case later than two (Z) business days after it becomes aware of the incident. Business Associate shall provide Covered Entity with the information necessary for.Covered Entity to investigate any such Security Incident.
17.4 Business Associate shall comply with any reasonable policies and procedures Covered Entity implements to obtain compliance under the Security Rule.
18. Miscellaneous.
18.1 In the event of any conflict or inconsistency between the terms of this Agreement and the terms of the contract/granl, the terms of this Agreement shall govern with respect to its subject matter. Otherwise, the terms of the contract/grant continue in effect.
18.2 . Business Associate shall cooperate with Covered Entity to amend this Agreement from time to time as is necessary for' Covered Entity to comply with .the Privacy Rule, the Securit)r Rule, or any other standards promulgated under HJ PAA.
18.3 Any ambiguity in this Agreement shall be resolved to pe.rmit Covered Entity to comply with the Privacy Rule, Security Rule, or any other standards promulgated under HIPAA.
18.4 In addition to applicable Vermont law, the pa11ies shall rely on applicable federal law (e.g., HIPAA, the Privacy Rule and Security Rule, and the HlPAA omnibus final rule} in construing the meaning and effect of this Agreement.
18.5 As between Business Associate and Covered Entity, Covered Entity owns all PHI provided by Covered Entity to Business Associate or created .or received by Business Associate on behalfofCovercd Entity.
18.6 Business Associate shall abide by the terms and condition~ of this Agreement with respect to all PHI it receives from Covered Entity or creates or receives on behalf of Covered Entity even if some of that information relates to specific services for which Business Associate may not be a "Business Associate'' of Covered Entity under the Privacy Rule.
18. 7 Business Associate is prohibited from directly or indh·ectly receiving any remuneration in exchange for an individual's PHI. Business Associate will refrain from marketing activities that would violate HIJ>AA, including specifically Section 13406 of the HITECH Act. Reports or data containing the PHI may not be sold without Agency's or the affected individual's written consent.
l 8.8 The provisions of this Agreement that by their terms encompass continuing rights or responsibilities shall survive the expiration or termination of this Agreement. For example: (a) the provisions of this Agreement shall continue to apply if Covered Entity determines that it would be infeasible for Business Associate to return or destroy PHI as provided in Section 14.2 and (I>) the obligation of Business Associate to provide an accounting of discJosurcs as set forth in s~ction 11 survives the expiration or termination of this Agreement with respect to accounting requests, if any, made after such expiration or termination.
1. Agency of Human Scl'vices - Field Ser,ric.es Dil'ectors will share oversight with the department (or field office) that is a party to the contract for provider performance using outcomes, processes, terms and conditions agreed to under this contract.
2. ?~J-1 Da:ta Base: The Contractor providing a health or human services within Vermont, or near the border that is readily accessible to residents of Vel'mont, will provide relevant descrip1ive information regarding its agency, programs and/or contact and will adhere to the "lnclusion/Excluslon" policy of Vermont's United Way/Vermont 21 l. rf included, the Contractor will provide accurate ai1d up to date information to their data base as needed . The "Tnelusion/Exclusion" policy can be found at ~'\YW.vermont2l 1.org
3. Medicaid Program Contractors:
Inspection of R_~9ords; A~y contracts accessing payments for services through tlie. Global Commitment to He~ltb Waiver and Vermont Medicaid program must fulfill state and federal legal requirements to enable the Agency of Human Services (AHS), the United States Department of Health and Human Services (DHHS) and the Government Accounting Office (GAO) to: .
Evaluate through inspection or other means the quality, appropriateness, and timeliness of services performed; and lnspect and audit any financial records of such Contractor or subcontractor.
Subcontracting for Medicaid Services: Having a subcontTact does not terminate tl1c Contractor, receiving funds under Vermont's Medicaid program, from its responsibility to ensure that all activities under'this agreement are carried out. Subcontracts must specify the activities and reporting responsibilities of the Contractor or subcontractor and provide for revoking delegation or imposing other sanctions .if tl1e Contractor or subcontractor's performance is inadequate. The Contractor agrees to make available upon request to the Agency of Human Services; the Department of Vermont Health Access; the Department of Disabilities,. Aging and Independent Living; and the Center for Medicare and Medicaid Services (CMS) all c:-0ntracts and ·subcontracts between the Contractor and service providers.
Medicaid Notificatio.n of Termination Rcguire1nent~.,;. Any Contl'act.or accessing payments for services under the Global Commitment to Health Waiver and Medicaid programs who terminates their practice will follow the Department of Vermont Health Access, Managed Care Organization enrollee notification requirements.
EncounJ~rJ;>ata: Any Contractor accessing payme~ts for services through the Global Commitment to Health Waiver and Vermont Medicaid programs must provide encounter data to the Agency of Human Services and/or its dcpatiments and ensure that it can be linked to enrollee eligibility ftles maintained by the State.
Federal Medicaid System Security Rcguirements Compliance: All contt:actors and subcontractors must provide a security plan, risk assessment, and security conlrols review document within three months of the sta1t date of this agreement (and update it annually thereafter) to support audit compliance with 45CFR95.62 I subpait F, ADP (Automated Data Processing) System Securi~y Requireme11L.i and Review Process.
4. Nou-cliscl'imiu:lfiou Basocl 011 N:Hlonnl Ol'igiu as cvidt·11ct~d hy I ,i111iwd F:nt!lh.h Prol'icicn('y. The Contractor agrees to comply with the non·diserimination requirements of Title VI of the Civil Rights Ac~ of 196'1, 42 USC Section 2000d, et seq., and with tlle federa l guidelines promulgated pursuant to Executive Order 13166 of2000, which require that contractors and subcontractors receiving federal funds must assure that persons with limited English proficiency can meaningfully access services. To the extent the Contractor provid~s assistance to individuals with limited English proficiency through (he use of oral or written translation or interpretive services in compliance with this requirement, such individuals cannot be required to pay for. such services.
5. Voter Rctistration. When designated by the Secretary of State, the Contractor agrees to become a voter registration agency as defined by 17 V.S.A. §2103 (41), and to comply with the requirements of state and federal law pertaining to such agencies.
6. Drue }'rce Workplace Act. The Contractor will assure a drug-free workplace in accordance with 45 CFR Part 76.
7. Privacy and Security Standards.
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Protected Health Jnformation~ The Contractor shall maintain the privacy and security of all individually identifiable health information acquired by or provide.cl to it as a part ufthe performance of this contract. The Contractor shall follow federal and state Jaw relating to priva.cy and security of individually identifiable health information as applicable, including the Health Insurance Portability and AccouMabil ity Act (JUPAA) and its federal regulations, ·
Substance Abuse Treatment rnformation: The confidentiality of any alcohol and drug auuse treatment information acquired by or provided to lhe Contractor or subcontractor shall be maintained in compliance with any applicable state or federal laws or regulations and specifically set out in 42 CFR Part 2.
Ot~er Confidential Consumer Information: The Contractor agrees to comply with the requirements of AHS Rule No. 08-048 concerning access to information. 'f'hc Contractor agrees to comply with any applicable Vermont State Statute, including but not limited to 12 VSA §J 612 and any applicable Board of Jfealth confidentiality regulations. The Contractor shall ensure that all of its employees and subcontractors performing services under this agreement understand the sensitive nature of the information that they may have access to and sign an affirmation of understanding regarding the information 's confidential and non-public nature.
Social Security numbers: The Contractor agrees to ~omply with all applicable 'f ermont State Statutes to assure protection and security of personal infonnation, including protection from identity theft as outlined in Title 9, Vermont Statutes Annotated, Ch. 62.
8. Abuse Registry. The Contractor agrees not to employ any individual, use any volunteer, or otherwise provid< reimbursement to any indi:vidual in the performance of services connected with this agreement, who provides care, custody treatment, transportation, or supervision to children or vulnerable adu Its if there is n substantiation of abuse or neglect 01
exploitation against that individual. The Contractor will check the Adult Abuse Registry in the Department of Disabilities Aging and Independent Living. Unless the Contractor holds a valid child care license or registration from the Division o: Child Development, Department for Children and Families, the Contractor shall also check the Central Child Protectior Registry. (See 33 V.S.A. §4919(a)(3) & 33 V.S.A. §69J l(c)(3)).
9. Reporting of Abuse, Ncl!lcct, ur Exploitation. Consislcnt with provisions of 33 V.S.A. §4913(a) and §6903, any agent or employee of a Contractor who, in the performance of services connected with this agreement, has contact with clients or is a caregiver and who hai; reasonable cause to believe thal a child or vulnerable adult has been abused or neglected as defined in Chapter 49 or abused, neglected, or exploited as defined i11 Chapter 69 of Title 33 V.S.A. shall make a report involving children to the Commissioner ofLhe Dcparlment for Children and Families within 24 hours or a report involving vulnerable adults to lhe Division of Licensing and Protection at the Department of Disabilities, Aging, and Independent Living within 48 hours. Th is requirement applies except in those instances where particular roles and funct ions are exempt from reporting under stale and federal law. Reports involving children shall contain the information required by 33 V.S.A. §4914. Reports involving vulnerable adu lts shall contain the information required by 33 V.S.A. §6904. The Contractor will ensure that its agents or employees receive training on the reporting of abuse or neglect to children and abuse, neglect or exploitation of vulnerable adults.
I 0. Intellectual Property/Wo1·k Product Ownership. All data, technical information, materials first gii.thcred, originated, developed, prepared, or obtained as a condition of this agreement and used in the performance of this agreement -including, but not limited to all reporls, surveys, plans, charls, literature, brochures, mailings, recordings (video or audio), pictures, di·awings, analyses, graphic representations, software computer programs and accompanying documentation and printouts, notes and n1emoranda, written procedures And documents, which are prepared for or obtained specifically for this agreement - or .ire a result of tho services required under this grant~ shall be considered "work for hire" and remain the propc1ty of the State of Vem1ont, regardless of the state of completion - unless otherwise specified in this agreement. Such items shall be delivered to the State of Vermont upon 30 days notice by the State. With respect to software computer programs and I or source codes first developed for the State, all the work shall be considered "work for hire," i.e., the State, not 1hc Contractor or subco111ractor, shall have full and complete ownership of all software compu1er programs, documeutalion and/or source codes developed. · ·
The Contractor shall not sell or copyright a work product or item produced under this agreement without explicit permission from th~ State. ·
If the Contractor is operating a system or application 011 behalf of the State of Vermont, then the Contractor shall not make informar.ion entered into the system or application available for uses by any other party than the State of Vermont, without prior authorization by the Stare. Nothing herein shall entitle the State to pre-existing Contsactor's materials.
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Contract# l I. Sccurify and Data. Transfer§. The State shall work with the Contractor to ensure compliance with all applicable State
and Agency of Human Services' policies and standards, especially those related to privacy and security. The State will advise the Contractor of any new policies, procedures, or protocols developed during the term of this agreement as they are issued and will work with .the Contractor to implement any required.
The Contractor will ensure the physical and data security associated with computer equipment - including desktops, notebooks, and other portable devices - used in connection with this agreement. TI1e Contractor will also assure that any media or mechanis01 used to store or transfer data to or from the State includes industry standard security mechanisms such as continually up-to-date malware protection and encryption. The Contractor will make every reasonable e ffort to ensure media or data files transferred to the State are vims and spyware free. At the conclusion of this agreement and after successful.delivery of the data to the St!lte, the Contractor shall securely delete data'(including archival backups) from the Contractor's equipmont that contains individually identifiable records, in accordance with standards adopted by the Agency of Human Services.
12. Computing and Communicntion: The Contractor shall select, in consultation with the Agency of Human Services' Iuformalion Technology unit, one of the approved methods for secure access to the State's systems and data, if required. Approved methods are based on the type of work performed by the Contractor as part.of this agreement; Options include, but are not limited to:
I. Contrsctor's provision of certified computing equipment, peripherals and mobile devices, on a separate Contractor's network with separate internet access. The Agency of Human Services' accounts may or may not be provided.
2. .State supplied and managed equipment and accounts to access state applications and data, including State issued sctive directory accounts and application specific accounts, which follow the National Institutes of Standards and Technology (NIST) security and the Health Insurance Portability & Accoun1ability Act (HIPAA) standards.
The State will not supply e-mail accounts to the Contractor.
13, J .. obbyin2. No federal fu11ds under this agreement may be used to influence or attempt to influence an officer OT employee of any agency, a member of Congress, an officer or employee of Congress, OT an employee of a member of Congress in connection witll the awarding of any federal contract, continuation, renewal, amendments other than federal appropriated funds.
14. Non--Oli;crimination. The Contractor will prohibit discrimination on 1he basis of age under the Age Discrimination Act of 1975, on the basis of handicap under section 504 of the Rehabilitation Act of 1973, on the basis of sex. under Tille IX of the Education Amendments of 1972, or on the basic; of race, color or national origin under Title VI of lhe Civil Rights Act of 1964. No person shall on the grounds of sex (including, in the case of a woman, on the grounds that the woman is pregnant) or on the grounds of religion, be excluded from participation in, be denied the benefits of, or be subjected to discrimination, to include sexual harassment, under any program or activity supported by state and/or federal funds.
The Contractor will also not refuse, withhold from or deny to any person the benefit of services, facilit ies, goo<ls, privileges, advantages, or benefits of public accomrnodation on the basis of disability, race, creed, color, national origin, marital status, sex, sexual orientation or gender identity undel' Tit.le 9 V .S.A. Chapter 139.
I 5. Environmental Tobacco Smoke. Public Law I 03-227, also known ac; the Pro-children Act of 1994 (Act), requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted for by an enti ty and used routinely or regularly for the provision of health, child care, early childhood development services, education or library services to children under the age of 18, if the services are funded by federal programs either directly or through state or local governments, by federal grant, contract, roan or loan guarantee. The law 11lso applies to children's seivices that are provided in indoor facilities that are constructed, operated, or maintained with suoh Federal funds.
The .law does not apply to children's services provided in private residences; portions offacilitie~ used for inpatient drug or afoohol Lrcatrnent; service providers whose sole source <Jf applieab!e federal fonds is Medicare or Medicaid; or facilities where Women, infants, & Children (WlC) coupons are redeemed.
Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $1 ,000 for each violation anti/or the imposition of an administrative compliance order on the responsible enti~y.
Contractors are prcihiqited from promoting the use of tobacco prnducts for all clients. Facilities supported by state and federal funds are prohibited from making l.obacco products available to minors.
