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DocuSign Envelope ID: CFCE3443-EF37AFD4-8DCD-D85D559F77AE Recitals This Business Associate Agreement (the "Agreement') is made by City of Santa Ana in its capacity as Plan Administrator of City of Santa Ana Group Health Plan/Plans (herein referred to as "Covered Entity") and Igoe & Company Incorporated, dba Igoe Administrative Services (hereinafter known as "Business Associate" or "Igoe"). Covered Entity and Business Associate shall collectively be known herein as the "Parties". WHEREAS, Covered Entity wishes to commence a business relationship with Business Associate that shall be memorialized in a separate administrative services agreement (the "Underlying Agreement') pursuant to which Business Associate may be considered a "business associate" of Covered Entity as defined in the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") as amended by the Health Information Technology for Economic and Clinical Health Act provisions of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (the "HITECH Act'); and WHEREAS, the nature of the prospective contractual relationship between Covered Entity and Business Associate may involve the exchange of Protected Health Information ("PHI") as that term is defined under HIPAA; and WHEREAS, Covered Entity and Business Associate wish to enter into this Agreement for the purpose of ensuring compliance with the requirements of HIPAA as amended by HITECH, and its implementing regulations through and including the "omnibus" final HIPAA/HITECH regulations published in January 2013; and with applicable privacy provisions of California law; NOW THEREFORE, in consideration of the mutual promises set forth herein and in the Underlying Agreement, the Parties, intending to be legally bound, hereby agree as follows: 1. Definitions The following terms used in this Agreement shall have the same meaning as those terms in the HIPAA Rules: Data Aggregation, Disclosure, Health Care Operations, Minimum Necessary, Notice of Privacy Practices, and Use. Other terms are as defined below: a. Breach. 'Breach" shall have the same meaning as the term "breach' in 45 CFR § 164.402, taking into account the exclusions set forth at 45 CFR § 164.402(1). b. Breach Notification Rule. 'Breach Notification Rule" shall mean the Standards and Implementation Specifications for Notification of Breaches of Unsecured Protected Health Information under 45 CFR Parts 160 and 164, subparts A and D. J-- /GIIE au+nnis msm� tiuwn � n Document Generated on June 16, 2020 City of Santa Ana Business Associate Agreement Client Initials: Page 4 25A-27