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Res 2018-113/approving a contract between the City and the Texas Department of State Health Services, Vital Statistics Unit, for the provision of on-line vital statistic computer services for the City
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Res 2018-113/approving a contract between the City and the Texas Department of State Health Services, Vital Statistics Unit, for the provision of on-line vital statistic computer services for the City
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11/15/2018 3:23:20 PM
Creation date
6/28/2018 4:13:05 PM
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City Clerk - Document
Resolutions
City Clerk - Type
Contract
Number
2018-113
Date
6/19/2018
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System Agency Contract No.HHSREV100001023 <br />k. Identify, describe or estimate of the Persons, Workforce, Subcontractor, or Individuals and any <br />law enforcement that may be involved in the Event or Breach; <br />1. A reasonable schedule for Contractor to provide regular updates to the foregoing in the future <br />for response to the Event or Breach, but no less than every three (3) business days or as otherwise <br />directed by System Agency, including information about risk estimations, reporting, notification, <br />if any, mitigation, corrective action, root cause analysis and when such activities are expected to <br />be completed; and <br />in. Any reasonably available, pertinent information, documents or reports related -to an Event or <br />Breach that System Agency requests following Discovery. <br />Section 4.02 Investigation, Response and Mitigation. For A -F below: 45 CFR 164.308, 310 <br />and 312; 164.530 <br />(A) Contractor will immediately conduct a full and complete investigation, respond to the <br />Event or Breach, commit necessary and appropriate staff and resources to expeditiously respond, <br />and report as required to and by System Agency for incident response purposes and for purposes <br />of System Agency's compliance with report and notification requirements, to the satisfaction of <br />System Agency. <br />(B) Contractor will complete or participate in a risk assessment as directed by System <br />Agency following an Event or Breach, and provide the final assessment, corrective actions and <br />mitigations to System Agency for review and approval. <br />(C) Contractor will fully cooperate with System Agency to respond to inquiries and <br />proceedings by state and federal authorities, Persons and Individuals about the Event or Breach. <br />(D) Contractor will fully cooperate with System Agency's efforts to seek appropriate <br />injunctive relief or otherwise prevent or curtail such Event or Breach, or to recover or protect any <br />Confidential Information, including complying with reasonable corrective action or measures, as <br />specified by System Agency in a Corrective Action Plan if directed by System Agency under the <br />Base Contract. <br />Section 4.03 Breach Notification to bidividuals and Reporting to Authorities. Tex. Bus. & <br />Contnt. Code §521.053; 45 -CFR 164.404 andividuals),164.406 (Media); 164.408 (Authorities) <br />(A) System Agency may direct Contractor to provide Breach notification to Individuals, <br />regulators or third -parties, as specified by System Agency following a Breach. <br />(B) Contractor must obtain System Agency's prior written approval of the time, manner and <br />content of any notification to Individuals, regulators or third -parties, or any notice required by <br />other state or federal authorities. Notice letters will be in Contractor's name and on Contractor's <br />letterhead, unless otherwise directed by System Agency, and will contain contact information, <br />including the name and title of Contractor's representative, an email address and a toll-free <br />telephone number, for the Individual to obtain additional information. <br />(C) Contractor will provide System Agency with copies of distributed and approved <br />communications. <br />(D) Contractor will have the burden of demonstrating to the satisfaction of System Agency <br />that any notification required by System Agency was timely made. If there are delays outside of <br />Contractor's control, Contractor will provide written documentation of the reasons for the delay. <br />System Agency Data Use Agreement V.8.3 HIPAA Omnibus Compliant April 1, 2015 <br />Page 8 of 11 <br />
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