2) Activities to be Maintained By and Expected of the Participating Agency of the Louisiana Services Network Data Consortium System.
a) Security of data. The Participating Agency shall enforce and maintain security of all information stored in the Louisiana Services Network Data Consortium System at the Participating Agency. The Regional LSNDC System Administrator assigns a Unique ID and Password to each individual staff person accessing the Louisiana Services Network Data Consortium System. The Unique ID and Password must be secured and NEVER shared with any other person. The Participating Agency shall maintain a current copy of the Louisiana Services Network Data Consortium System Standard Operating Procedures and ensure that each individual accessing the Louisiana Services Network Data Consortium System has signed an acknowledgement that they have read and understood the Louisiana Services Network Data Consortium System Standard Operating Procedures prior to accessing the Louisiana Services Network Data Consortium System. The Participating Agency shall notify the Regional LSNDC System Administrator in writing of all personnel changes involving those staff authorized to have access to client or agency data in the Louisiana Services Network Data Consortium System within 24 hours of the personnel changes. Each Participating Agency shall defend and indemnify the Louisiana Services Network Data Consortium and the other participating agencies from any claims or causes of action arising from the unauthorized release of data. If a breech in security occurs due to the illegal sharing of a single Unique ID and Password to anyone other than the authorized user it was assigned, the Regional LSNDC System Administrator must immediately remove the Participating Agencies access to the Louisiana Services Network Data Consortium System.
b) Data. The Participating Agency shall at all times have rights to the data pertaining to their clients that was created or entered by them on the Louisiana Services Network Data Consortium System. The Participating Agency shall at all times have the right to use all data pertaining to their clients. However, the Participating Agency shall be bound by any and all restrictions imposed by clients pertaining to the use of personal data which they do not formally release, as noted in individual the Louisiana Services Network Data Consortium System case records and in the written client release of information.
c) Data Entry. The Participating Agency shall enforce with their staff the importance, quality, and accuracy of entering all data into the Louisiana Services Network Data Consortium System, as required in the Department of Housing and Urban Development, [Docket No. FR 4848-N-02], Homeless Management Information System (HMIS) Data and Technical Standards. After training of agency staff by the Regional LSNDC Administrator, the Participating Agency has the responsibility to implement and manage a system of entering client data; the Regional LSNDC System Administrator will provide assistance with project management if requested by the Participating Agency. The Participating Agency must ensure that all selected personnel are trained on these procedures.
d) Access to Aggregate Data from Participating Agency. Any data released will be aggregated ensuring that client identifiers (name, DOB, Social Security Number) are neither used nor released. The Participating Agency will have access to aggregate data collected from the Louisiana Services Network Data Consortium System. Such information will be available from the Regional LSNDC System Administrator and provided as time permits.
e) Transferability. Neither the Participating Agency’s right to participate in the Louisiana Services Network Data Consortium System, nor any other right, license, privilege, duty, obligation or responsibility conferred upon the Participating Agency by the agreement may be transferred or assigned, voluntarily or involuntarily, through merger, consolidation, or otherwise, without express approval of the State/Regional LSNDC System Administrators .
f) Maintenance and security of Hardware/Software/Internet Connectivity. The Participating Agency shall maintain and secure the minimum required hardware, software and internet connectivity required in the Department of Housing and Urban Development, -Docket No. FR 4848-N-02, Homeless Management Information System (HMIS) Data and Technical Standards. These minimum requirements include the following:
i) Microsoft Operating System: Windows Vista or higher
ii) Virus Protection Software: must automatically update and upgrade
iii) Anti-spyware Software: must automatically update and upgrade
iv) Firewall: Can be software or hardware
v) Internet Connectivity: must be DSL or higher
vi) PC: Pentium IV or higher
vii) PC Access: PC must be password protected with each user having a unique Login ID and Password.
g) Louisiana Services Network Data Consortium System Software. The Participating Agency shall not copy, modify, distribute or transfer, display, sublicense, rent, reverse engineer, decompile, or disassemble the Louisiana Services Network Data Consortium System, ServicePoint® software. In the event that the Participating Agency terminates its involvement in this project, the Participating Agency shall relinquish rights to all software licenses.
h) Confidential Information. Confidential information shall be defined as the following: any and all information relating to past or present clients; any information required by law to be kept confidential; access credentials for the Louisiana Services Network Data Consortium System; and any information designated as confidential by the disclosing party. Only client-specific data stored by the Louisiana Services Network Data Consortium System that has been expressly approved for release by the client, as designated as appropriate by the Louisiana Services Network Data Consortium System electronic security page, shall be accessible to other participating agencies.
i) Exhibit A to this Agency Partner Agreement outlines data sharing terms and conditions by which each Participating Agency will abide while participating in the Louisiana Services Network Data Consortium System.
j) Exhibit B to this Agency Partner Agreement outlines the confidentiality requirements by which each Participating Agency will abide while participating in the Louisiana Services Network Data Consortium System
k) Client authorization to release information shall also be established through the use of a written, signed General Release of Information form, or Domestic Violence Release of Information, where appropriate, that is to be completed and retained at each Participating Agency that serves the client. Should the Participating Agency need to share confidential and privileged health information through the LSNDC system, a supplemental Consent for the Release of Confidential Information will be completed and retained as well. Only authorized personnel may review these forms. Copies of the LSNDC General Release of Information, the LSNDC Domestic Violence Release of Information and LSNDC Consent for the Release of Confidential Information forms shall be available at the Louisiana Services Network Data Consortium System website: http://www.lsndc.org
l) Client access to data. The Participating Agency must grant a client to inspect and obtain a copy of his own information maintained within the LSNDC System. A client may also review an audit of what data has been seen and by whom within the Agency. Information compiled in reasonable anticipation of or for use in a civil, criminal, or administrative action or proceeding need not be provided to the client.
m) Client grievance. The Participating Agency must permit a client to file a written complaint regarding use or treatment of their information within the LSNDC System, using the LSNDC Client Grievance Form. A copy of the LSNDC Client Grievance Form shall be available at the Louisiana Services Network Data Consortium System website: http://www.lsndc.org No client may be retaliated against for filing a written complaint with the Regional System Administrator.
3) Termination. Either party may terminate this agreement at any time by giving thirty (30) days written notice to the other party. In the event the Participating Agency is found to have abused their use of the Louisiana Services Network Data Consortium System or otherwise violated the terms of this agreement, this agreement can be terminated at once, upon delivery of written notice as specified in Section 7 of this agreement.
4) Amendments, Waivers. This agreement may not be modified, amended in any way, or altered except by a written document signed by both parties to this agreement. No waiver of any right hereunder will be effective unless agreed upon in writing, and no waiver of any breach or default hereunder shall be deemed a waiver of any other provision or of any subsequent breach or default of the same provision of this agreement.
5) Indemnification. The Participating Agency shall indemnify, defend, and hold harmless the Louisiana Services Network Data Consortium System, its officers, agents, and employees from any claim, liability, loss, injury, damage, costs or attorney’s fees arising out of or in connection with its material negligence in performance of this Agreement by the Participating Agency, its agents, employees or subcontractors, excepting only such loss, injury or damage caused solely by the negligence or willful misconduct of the Louisiana Services Network Data Consortium System, its officers, agents or employees.
6) Entire Agreement. This agreement, including the matters incorporated by reference herein, constitutes the entire agreement between the parties with respect to the subject matter hereof, and its provisions shall be binding upon the parties and their successors and permitted assigns.
7) Notice. Any notice or notices required or permitted to be given pursuant to this agreement shall be in writing and may be personally served on the other party by the party giving such notice or may be served by certified mail. Notices hereunder shall be sufficient if sent by certified mail, postage prepaid to: