2011/06/01 Council Agenda Packet

DSHS General Terms and Conditions 2 5. Compliance with Applicable Law.At all times during the term of this Contract, the Contractor shall • Comply wifh all applicable federal, state,and local laws and regulations, including but not limited to, nondiscrimination laws and regulations. 6. Confidentiality. a. The Contractor shall not use, publish, transfer, sell or otherwise disclose any Confidential Information gained by reason of this Contract for any purpose that is not directly connected with Contractor's performance of the services contemplated hereunder, except: • (1) as provided by law; or, • (2) in the case of Personal Information, with the prior written consent of the person or personal representative of the person who is the subject,of the Personal Information. b. The Contractor shall protect and maintain all Confidential Information gained by reason of this Contract against unauthorized use, access;disclosure, modification or loss. This duty requires the Contractor to employ reasonable security measures,which include restricting access to the Confidential Information by: • • . (1) Allowing access only to staff that have an authorized business requirement to view the Confidential Information. (2) Physically Securing any computers,documents, or other media containing the Confidential Information. (3) Ensure the security of Confidential Information transmitted via fax (facsimile) by: (a) Verifying the recipient phone number to prevent accidental transmittal of Confidential Information to unauthorized persons. (b) Communicating with the intended recipient before transmission to ensure that the fax will be received only by an authorized person. (c) Verifying after transmittal that the fax was received.by the intended recipient. (4) When transporting six(6) or more records containing Confidential Information, outside a Secure Area, do one or more of the•following as appropriate: (a) Use a Trusted System.. • (b) Encrypt the Confidential Information, including: i. Encrypting email and/or email attachments which contain the Confidential Information. ii. Encrypting Confidential Information when it is stored on portable devices or media, including but not limited to laptop computers and flash memory devices. Note: If the DSHS Data Security Requirements Exhibit is attached to this contract, this item, 6.b.(4), is superseded by the language contained in the Exhibit. (5) Send paper documents containing Confidential Information via a Trusted System. DSHS Central Contract Services 1760LP IFS Recreational Opportunities(10-27-08) Page 4 7