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January 31, 2007
TO: ALL BIDDERS
RE: JOB NO. 07/0049
DUE DATE: February 5, 2007
All bidders are required to sign and attach a copy of this addendum with each bid for Medical
Interpreter and Translator Services for Harris County. This addendum must be received by the
Purchasing Department no later than the above due date.
ADDENDUM NO. 1
Please review, complete as applicable, and return the attached documents with your bid.
Sincerely,
//s// Jack McCown
Jack R. McCown, C.P.M.
Purchasing Agent
________________________________
Bidder's Signature
For
________________________________
Company Name
Attachments
JHD/dlm
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Attachment e.
Minimum Insurance Requirements
• The contractor shall, at all times during the term of this contract, maintain insurance
coverage with not less than the type and requirements shown below. Such insurance is to be
provided at the sole cost of the contractor. These requirements do not establish limits of the
contractor's liability.
• All policies of insurance shall waive all rights of subrogation against the County, its officers,
employees and agents.
• Upon request, certified copies of original insurance policies shall be furnished to Harris
County.
• The County reserves the right to require additional insurance should it be deemed necessary.
A. Workers' Compensation (with Waiver of subrogation to Harris County) Employer's
Liability, including all states, U.S. Longshoremen, Harbor Workers and other endorsements,
if applicable to the Project.
Statutory, and Bodily Injury by Accident: $100,000 each employee. Bodily Injury by
Disease: $500,000 policy limit $100,000 each employee.
B. Commercial General Liability Occurrence Form including, but not limited to, Premises and
Operations, Products Liability Broad Form Property Damage, Contractual Liability,
Personal and Advertising Injury Liability and where the exposure exists, coverage for
watercraft, blasting collapse, and explosions, blowout, cratering and underground damage.
$300,000 each occurrence Limit Bodily Injury and Property Damage Combined $300,000
Products-Completed Operations Aggregate Limit $500,000 Per Job Aggregate $300,000
Personal and Advertising Injury Limit. Harris County shall be named as "additional insured"
on commercial general liability policy.
C. Automobile Liability Coverage:
$300,000 Combined Liability Limits. Bodily Injury and Property Damage Combined.
Harris County shall be named as "additional insured" on automobile policy.
Revised 12/00
Attachment h
REFERENCES
Reference #1
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Organization Name:
Contact Name/Telephone No.:
Address:
Services provided:
Reference #2
Organization Name:
Contact Name/Telephone No.:
Address:
Services provided:
Reference #3
Organization Name:
Contact Name/Telephone No.:
Address:
Services provided:
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REFERENCES (Continued)
Reference #4
Organization Name:
Contact Name/Telephone No.:
Address:
Services provided:
Reference #5
Organization Name:
Contact Name/Telephone No.:
Address:
Services provided:
Reference #6
Organization Name:
Contact Name/Telephone No.:
Address:
Services provided:
Attachment i
HIPAA REQUIREMENTS
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1. Contractor’s Responsibilities Regarding Use and Disclosure of Protected Health Information
(“PHI”)
a. General: Contractor agrees to
(1) hold all Protected Health Information (“PHI”) confidential except to the extent
that disclosure is required by Federal or State law, including the Texas Public
Information Act, Chapter 552, Texas Government Code. TEX. GOV’T CODE
ANN. §§ 552.001 et seq., as amended. PHI is defined in 45 CFR § 164.501 and is
limited to information created or received by Contractor from or on behalf of
County.
(2) be bound by all applicable Federal and State of Texas licensing authorities’ laws,
rules, and regulations regarding records and governmental records, including the
Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), PL
104-191, the HIPAA regulations (codified at 45 CFR Parts 160 and 164), and
Chapter 181, Texas Health and Safety Code, as amended, collectively referred to
herein as “Privacy Requirements.”
(3) cooperate with the Texas Medicaid Fraud Control Unit and to make appropriate
personnel available for interviews, consultation, grand jury proceedings, pre-trial
conference, hearings, trial, and in any other process, including investigations that
are required as a result of Contractor’s Services to County. Compliance with this
paragraph is at Contractor’s own expense.
b. Representations: Contractor represents that Contractor is familiar with the Privacy Requirements,
and with State and Federal requirements relating to HIV/AIDS information, mental health
information, and drug/alcohol-related health information.
c. Business Associate: Contractor is a “Business Associate” of County as that term is
defined under the Privacy Requirements. Contractor agrees:
(1) Nondisclosure of PHI: Not to use or disclose the PHI received from County or
created, compiled, or used by Contractor pursuant to this Agreement other than
as permitted or required by this Agreement, or as otherwise required by law.
(2) Limitation on Further Use or Disclosure: Not to further use or disclose the PHI
received from County or created, compiled, or used by Contractor pursuant to
this Agreement in a manner that would be prohibited by the Privacy
Requirements of HIPAA if disclosure was made by County, or if either
Contractor or County is otherwise prohibited from making such disclosure by
any present or future State or federal law, regulation, or rule.
(3) Safeguards: To use appropriate safeguards to prevent use or disclosure of the
PHI other than as provided for by this Agreement or as required by State or
federal law, regulation, or rule.
(4) Reporting Unauthorized Disclosures: To report to County any use or disclosure
of PHI that is not authorized by this Agreement immediately upon becoming
aware of such unauthorized use or disclosure.
(5) Subcontractors and Agents: To make all reasonable efforts to ensure that any
subcontractor or agent to whom Contractor provides PHI received from County
or created, compiled, or used by Contractor pursuant to this Agreement agrees to
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the same restrictions and conditions that apply to Contractor with respect to such
PHI.
(6) Mitigation: To mitigate, to the extent practicable, any harmful effect that is
known to Contractor of a use or disclosure of PHI by Contractor or by a
subcontractor or agent of Contractor resulting from a violation of this Agreement.
(7) Notice – Access by Individual: To notify County in writing within three business
days of any request by an individual for access to the individual’s PHI and to,
upon receipt of such request from an individual, provide access to the degree
required or permitted by law or, if County maintains the requested records, direct
the individual to County for access to the individual’s PHI.
(8) Notice – Request for Amendment: To notify County in writing within three
business days of any request by an individual for amendment to the individual’s
PHI and to, upon receipt of such request from an individual, make such
amendments as required or permitted by law, or if County maintains the records,
direct the individual to County to request amendment of the individual’s PHI.
(9) Notice – Request for Accounting: Upon receipt of any request from an individual
for an accounting of disclosures made of the individual’s PHI, to provide such an
accounting as required or permitted by law, and to notify County in writing
within three business day of any such request; or if County maintains the records,
direct the individual to County for an accounting of the disclosures of the
individual’s PHI. Pursuant to 45 CFR 164.528(a) an individual has a right to
receive an accounting of certain disclosures of PHI in the six years prior to the
date on which the accounting is requested.
(10) HHS Inspection: Upon written request, to make available to the Secretary of
Health and Human Services ("HHS") or his designee, Contractor’s internal
practices, books, and records relating to the use and disclosure of PHI received
from or held for County in a time or manner designated by the Secretary for
purposes of the Secretary determining Contractor’s compliance with the Privacy
Requirements.
(11) County Inspection: Upon written request, to make available to County during
normal business hours Contractor’s internal practices, books, and records relating
to the use and disclosure of PHI received from or held for County in a time and
manner designated by County.
(12) PHI Amendment: To incorporate any amendments, corrections, or additions to
the PHI received from or created, compiled, or used by Contractor pursuant to
this Agreement when notified by County that the PHI is inaccurate or incomplete
or that other documents are to be added as required by or allowed by the Privacy
Requirements.
(13) Documentation of Disclosures: Contractor agrees to document disclosure of PHI
and information related to such disclosures as is necessary for County to respond
to a request by an individual for an accounting of disclosures of PHI in
accordance with 45 CFR § 164.528 as amended.
(14) Termination Procedures: Upon termination of this Agreement for any reason, to
transfer to County all PHI received from County or created, compiled, or used by
Contractor pursuant to this Agreement or, if specially requested to do so by
County in writing, to destroy all such PHI. This provision applies when
Contractor maintains PHI from County in any form. If Contractor determines
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that transferring or destroying the PHI is infeasible, Contractor shall (i) provide
to County notification of the conditions that make transfer or destruction
infeasible; (ii) extend the protections of this Agreement to such PHI; and (iii)
limit any further uses and disclosures of such PHI to those purposes that make
the return or transfer to County or destruction infeasible.
(15) Notice-Termination: Upon written notice to Contractor, County may terminate
any portion of the Agreement under which Contractor maintains, compiles, or
has access to PHI. Additionally, upon written notice to Contractor, County may
terminate the entire Agreement if County determines, at its sole discretion, that
Contractor has repeatedly violated a Privacy Requirement.
(16) Security Incidents: Contractor shall report any security incident to County.
d. Survival of Privacy Provisions: Contractor’s obligations with regard to PHI shall survive
the termination of this Agreement.
e. Amendment Related to Privacy Requirements: The Parties agree to take such action as is
necessary to amend this Agreement if County, in its reasonable discretion, determines
that amendment is necessary for County to comply with the Privacy Requirements of
HIPAA and TEX. HEALTH & SAFETY CODE ANN. §§181.001 et seq., as amended, and any
other law or regulation affecting the use or disclosure of PHI. Any ambiguity in this
Agreement shall be resolved to permit County to comply with the Privacy Requirements
of HIPAA and TEX. HEALTH & SAFETY CODE ANN. §§ 181.001 et seq., as amended.
f. Indemnification. Contractor agrees to indemnify and hold harmless to the extent allowed
by law County and its directors, officers, employees, and agents (individually and
collectively “County Indemnitees”) against any and all losses, liabilities, judgments,
penalties, awards and costs (including costs of investigation and legal fees and expenses)
arising out of or related to (1) a breach of this Agreement relating to the Privacy
Requirements by Contractor, or (2) any negligent or wrongful acts or omissions of
Contractor or its employees, directors, officers, subcontractors, or agents, relating to the
Privacy Requirements including failure to perform their obligation under the Privacy
Requirements.
2. Access to Books and Records of Contractor
Contractor agrees to keep a separate record of all funds received and disbursed under this Agreement and
provide the County or its designee all information, records, papers, reports, and other documents
regarding any aspect of the services furnished as requested by County or its designee, and shall make
records, books, documents, and papers of Contractor that relate in anyway to the services provided
available for inspection, audit, examination, and copying by the County or the County’s representative.
Contractor agrees to allow the Comptroller General of the United States, the Department of Health and
Human Services (“HHS”), the County Auditor, and their duly authorized representatives, access to
contracts, books, documents, and records necessary to verify the nature and extent of the costs of the
services provided by Contractor. Contractor agrees to allow such access until the expiration of four (4)
years after the services are furnished under the contract or subcontract or until the completion of any audit
or audit period, whichever is later. Such access will be provided in accordance with the regulations of the
Centers for Medicare and Medicaid Services (“CMS”) and 42 CFR 420.302, as amended. Contractor
agrees to allow similar access to books, records, and documents related to contracts between Contractor
and organizations related to or subcontracted by Contractor, as defined by the regulations of CMS. No
records shall be destroyed that are required to be kept by federal, state, or county statute, law, rule,
ordinance, or order, or by application of conditions of Medicaid or Medicare provider agreements or by
other applicable agreements, including grant applications and requirements entered into between the
County or state and a third-party payer. Contractor shall keep all protected health information, as defined
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herein, and records relating to disclosure of PHI for six years after the last date of service or, at County’s
option, shall transfer such records to County upon termination of this Agreement
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