Matters ▸ Attachment
Executed Copy of Contract_City of Somerville — File 24-1655
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Outreach Partner Provider Agreement (Date of Template: December 2023)
AGREEMENT BY AND BETWEEN
AND
THE UNIVERSTIY OF MASSACHUSETTS BY AND THROUGH ITS
UNIVERSITY OF MASSACHUSETTS CHAN MEDICAL SCHOOL
This Agreement is entered into this
day of
, 20
, by and between
located at
(Entity) and the University of Massachusetts by and through its University of Massachusetts
Chan Medical School by and through its ForHealth Consulting at UMass Chan, Health Care
Finance Solutions located at 333 South Street, Shrewsbury, MA 01545 (UMass Chan).
WHEREAS, the federal government reimburses the Commonwealth of Massachusetts for a
certain percentage of expenditures made in accordance with the Commonwealth’s federally
approved Supplemental Nutrition Assistance Program Outreach Plan (SNAP Outreach Plan);
WHEREAS, the Department of Transitional Assistance (DTA) administers the SNAP
Outreach Plan for the Commonwealth;
WHEREAS, DTA has engaged UMass Chan to handle the administrative aspects of
disbursing these funds to the Entities and monitoring the delivery of allowable SNAP
Outreach services;
WHEREAS, under the agreement between UMass Chan and DTA, UMass Chan must,
among other things, assist the Entity in identifying outreach services and claiming outreach
City of Somerville
1st
October
24
City of Somerville
93 Highland Avenue, Somerville, MA 02143
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Outreach Partner Provider Agreement (Date of Template: December 2023)
funds that are eligible for federal reimbursement under the SNAP Outreach Plan and UMass
Chan must enter into agreements with Entities governing the disbursement of funds as well
as delivering and monitoring of outreach services;
WHEREAS, under the agreement between DTA and UMass Chan, UMass Chan is
authorized to retain, as compensation for its services, five percent (5%) of the federal
funds transferred to UMass Chan for disbursement to the Entity;
WHEREAS, each Entity who has incurred costs and submitted a claim for
reimbursement is entitled to receive fifty percent (50%) of approved expenditures less
the 5% UMass Chan administrative fee; and
NOW THEREFORE, the Entity and UMass Chan hereby enter into this Agreement as
follows:
Purpose of Agreement: The purpose of this Agreement is to set forth the terms and
conditions under which the Entity must complete SNAP enrollment and outreach
activities and under which UMass Chan must monitor such services and disburse funds
to the Entity for eligible outreach services.
A. Entity Responsibilities
Project Requirements
1. The Entity shall coordinate with UMass Chan to develop the annual budget
based on eligible funding sources for all allowable outreach services, by the
due date advised each year to be included in the State’s SNAP Outreach Plan.
Barring unforeseen circumstances, budgets must be submitted through DTA’s
Partner Activity Tracking Hub (PATH) system. The annual Entity budget is
subject to United States Department of Agriculture’s (USDA) Food &
Nutrition Service (FNS) review and approval.
2. The Entity will receive from UMass Chan a Statement of SNAP Outreach
Reimbursement Project Standards within 30 days following notification to
UMass Chan of USDA/FNS approval of the SNAP Outreach Plan. The Entity
must provide to UMass Chan written acknowledgment of its approved Annual
Entity Client Engagement Number, Quality Application Approval Rate,
Quality Application Approval Rate Rules, and Entity Budget within 7 days of
receipt.
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Outreach Partner Provider Agreement (Date of Template: December 2023)
3. The Entity shall work with UMass Chan to maintain a working knowledge of
outreach services that are eligible for federal reimbursement under the SNAP
Outreach Plan. See SNAP Outreach resource materials.
4. The Entity shall provide SNAP outreach activities in accordance with the
federally approved SNAP Outreach Plan, provided however, the Entity will
not be reimbursed for SNAP application and outreach activities prior to the
effective date of the Agreement.
5. Program deliverables and due dates:
a) Initial budgets are due on or before April 1st for the upcoming federal
fiscal year. Budgets not received by the due date will not be included in
the state plan authorizing services starting on October 1st.
b) Budgets for new Entities starting after October 1st, will be accepted at any
time, but may require state plan amendment and will require approval
before services can begin.
c) Each year and if the rate changes, the Entity must provide UMass Chan with a
federally approved indirect cost rate letter, if applying an indirect cost rate of
more than 10%.
d) The Entity must sign and submit to UMass Chan a W-9/Vendor Identification
Form annually.
e) Claims are due on or before the 10th day after the quarter ends (or prior
business day if the 10th is a non-working day).
i.
Q1 due date – January 1st to January 10th
ii.
Q2 due date – April 1st to April 10th
iii.
Q3 due date – July 1st to July 10th
iv.
Q4 due date – October 1st to October 10th
f) Claims submitted after the due date may be processed as retroactive
(retro) claims, resulting in delayed payments. Retro claims are due as
follows:
i.
Retro Q1– by March 10th
ii.
Retro Q1 and/or Q2 – by June 10th
iii.
Retro Q1, Q2 and/or Q3 – by September 10th
iv.
End of Year Claim (not typical) – by November 1st
Retro claims will not be accepted after November 1st.
6. Ongoing Performance deliverables:
a) The Entity must secure permission to exchange information with DTA by way of
a signed Permission to Share Information (PSI) form for each client and keep
records on file as per Section A.22-27, below. The Entity must make these
documents available to DTA/UMass Chan if requested during a PSI audit review
(to occur at least annually), or at any other time. Failure to provide requested
documentation may result in corrective action, revocation of access, and/or
termination of this Agreement.
b) The Entity will use DTA Connect to inform DTA that the PSI form has been
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Outreach Partner Provider Agreement (Date of Template: December 2023)
signed and to submit SNAP applications, recertifications, interim reports, case
assistance (maintenance) to DTA on behalf of clients served. Barring unforseen
circumstances, all outreach activities must be completed on DTA Connect.
c) The Entity must work to meet the Client Engagement Number
(applications, recertifications, interim reports and case assistance) as
provided by the Entity in the budget for the respective federal fiscal year.
d) The Entity must maintain an approval rating of 50% or more as
established in the Statement of SNAP Outreach Reimbursement Project
Standards. The approval rating is based on the number of applications,
recertifications and/or interim reports entered through DTA Connect and
approved for SNAP benefits.
e) Entities with approval ratings below the standard may be subject to
performance improvement strategies, such as training, and technical
assistance to help the Entity meet the required rating.
7. Nondiscrimination:
a) The Entity must operate in compliance with all nondiscrimination laws,
regulations, instructions, policies, and guidelines. In addition, the Entity
must compile data, maintain records, and submit reports as required to
permit effective enforcement of nondiscrimination laws, regulations,
policies, instructions, and guidelines.
b) The Entity must comply with state and federal law and ensure that
individuals served under this contract are not discriminated against based
on race, color, national origin, age, sex, religious creed, disability, and
political beliefs.
c) While all program staff are encouraged to attend the Civil Rights
Training, at a minimum, the Entity’s Program Director or designee(s)
must attend the mandatory training offered by DTA/UMass Chan
annually and, in turn, train each staff working on the project.
d) The Entity must display the most current version of the ‘And Justice for
All’ Poster in a prominent location(s).
e) The Entity must comply with USDA non-discrimination statement
requirements (https://www.fns.usda.gov/fns-instruction-113-1).
8. The Entity will ensure that all staff involved with the SNAP Outreach program
participate in UMass Chan/DTA sponsored mandatory* and/or optional training as
appropriate to their role and responsibilities. Examples of training:
a) Onboarding trainings, if applicable;
b) DTA’s PATH and DTA Connect systems;
c) SNAP Outreach budget process;
d) SNAP Outreach claims and reimbursement process;
e) Annual Civil Rights Training; and
f) Permission to Share Information (PSI) training.
*Entity will be informed of mandatory training and due dates as applicable.
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Outreach Partner Provider Agreement (Date of Template: December 2023)
9. UMass Chan will support the Entity with contracts, budget, claims, and PATH
System and DTA will support the Entity with SNAP Outreach SNAP 101,
DTA Connect access and training. The Entity will request technical assistance
and/or training as needed.
System Access Requirements
10. The Entity’s authorized signatory must complete and sign the DTA
Connect/Partner Activity Tracking Hub (PATH) Service Agreement and DTA
Connect/Partner Activity Tracking Hub (PATH) Security Administrator
Designation Form. If there is a change in the authorized signatory or security
administrator, these forms must be updated within 5 business days of the
change.
11. The Security Administrator(s) (SA) must ensure that information provided to DTA for
all Entity user(s) accessing DTA system(s) is current and accurate. The SA must
notify DTA if a user’s access must be terminated or updated within 5 business days of
the change. The Entity will be subject to user access audits. Unauthorized access or
failure to inform could result in revocation of user or Entity’s system access or
termination of this Agreement for cause.
12. UMass Chan will provide the Entity with login credentials for the UMass Chan Secure
File Transfer System (SFTS). Information containing Personal Information (PI), as
defined in Section N, or other sensitive information must be exchanged with UMass
Chan/DTA via SFTS or secure email.
Claiming Requirements
13. As per section 5.e). within 10 days of each quarter end, the Entity will submit a
quarterly claim (invoice) documenting the reimbursement eligible expenditures that
were incurred during the claim period. Barring extenuating circumstances that
warrant another method of submission, all claims must be submitted through the
PATH system. The Entity must include documentation of staff time spent on SNAP
outreach activities in accordance with USDA requirements and guidance provided by
UMass Chan to the Entity.
14. The Entity will check the application listing in the PATH system for accuracy
of all applications, recertifications, and interim reports. If applications,
recertifications and /or interim reports were completed outside of DTA
Connect, the Entity will enter this information into the PATH system under
List client and validate the entry. If unable to enter information into the PATH
system due to extenuating circumstances, the Entity will provide UMass Chan,
as part of the invoice, a separate list by calendar month of SNAP applications,
recertifications, and interim reports submitted in the preceding quarter. This list
must include:
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Outreach Partner Provider Agreement (Date of Template: December 2023)
a. Description of the specific SNAP Outreach activity (applications,
recertifications, and interim reports);
b. Date of the allowable SNAP Outreach activity;
c. Name of the applicant or recipient who received an allowable SNAP
Outreach activity; and
d. The Social Security Number (SSN) or Assessed Persons ID (APID), if
no SSN is available, for the applicant or recipient of SNAP Outreach
activity.
15. The Entity shall include in the invoice only those expenses for services that
meet the requirements for reimbursement. Reimbursement eligible expenses
include:
a. Allowable expenditures for eligible outreach services in accordance with
the approved SNAP Outreach Plan and guidance.
b. Claimed expenditures that relate to application and outreach activities
and the time spent on SNAP outreach activities in accordance with
USDA requirements and guidance for the applicable quarter.
c. Funding used for outreach services from allowable sources and which
are not being used to provide a match for other federal funding by the
Entity or the original funding source.
d. Expenses supported by accurate and detailed records that verify the
delivery and costs of outreach services. Examples of detailed records
may include but are not limited to cost calculations, itemized receipts,
invoices, purchase orders, time sheets and/or payroll records, payment
summary, and expense or disbursement ledger with all allowable
(invoiced) expenses.
16. The Entity shall exclude from the invoice all expenses for services that are not
eligible for reimbursement, such as:
a. Services that are reimbursed by, or eligible to be reimbursed by, other
federal funds/programs/grants;
b. Services that are provided for the Entity to qualify for matching funds
for federal funds/programs/grants;
c. Services that are provided pursuant to funds donated from an individual
or other Entity, if the results of such donation have a direct benefit to
said individual or Entity; and
d. The value of services rendered by volunteers and the value of goods
contributed by third parties.
17. The Entity shall submit to UMass Chan with each invoice, as entered on the
PATH system, a completed Certification of SNAP Outreach Project
Expenditures and SNAP Quarterly Outreach Invoice Cover Letter, signed by
an authorized signatory of the Entity, in accordance with guidance provided by
UMass Chan.
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Outreach Partner Provider Agreement (Date of Template: December 2023)
18. The Entity shall provide clarification and/or supporting documentation as requested by
UMass Chan during the claims review process for any rejected invoice. If unable to
resolve claims discrepancies within the claims review period, claims will be processed
retroactively with the next quarter.
19. As per section 5.f). the Entity may submit a retro claim(s) documenting
reimbursement eligible expenditures that were incurred during the allowable
claim period(s). Retro claims must meet requirements in sections A.13-17 and
require a Retro Certification of SNAP Outreach Project Expenditures and
Retro SNAP Quarterly Outreach Invoice Cover Letter and may require
additional supporting documentation or clarification as part of the review.
Barring extenuating circumstances that warrant another method of submission,
retro claims must be submitted through the PATH system.
20. The Entity shall communicate regularly with the UMass Chan Contract
Officer identified in Section H., Agreement Management and Supervision, of
this Agreement on the progress of the invoice relative to activities performed
under the terms of this Agreement.
21. The Entity shall ensure that reimbursed funds received under this Agreement
are used to supplement the capacity of or enhance the SNAP Outreach
program or add additional services and not to supplant existing services.
Record Retention and Monitoring for access by UMass, State or FNS
22. The Entity shall maintain auditable records and accounts of the reimbursement
eligible SNAP Outreach services detailed in the SNAP Outreach claim that
substantiate the delivery of services and expenditures. Examples of detailed
records may include but are not limited to:
a) Itemized receipts, invoices, and purchase orders
b) Time sheets and/or payroll records
c) A payment summary, expense/ disbursement ledger with all allowable
(invoiced) costs clearly identified under appropriate headings.
23. The Entity shall keep records in a cost-effective and easily retrievable format
and in a storage area that meets recognized industry standards for physical and
environmental security.
24. The Entity must make records available to UMass Chan/DTA upon request.
Records may be requested and reviewed at any time for monitoring audit
purposes.
25. The Entity shall maintain all such records for a period of seven years or
longer, as specified in this section. The seven-year period must begin on the
first day that the Entity signs the contract and requests payment for services;
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Outreach Partner Provider Agreement (Date of Template: December 2023)
26. If any litigation, claim, negotiation, audit, or other action involving the records
is commenced prior to the expiration of the applicable retention period, the
Entity shall retain all records until completion of the action and resolution of
all issues resulting from the action, or until the end of the applicable retention
period, whichever is later.
27. The Entity shall cooperate with UMass Chan and DTA monitoring activities,
such as site visits (virtual or in-person) and an annual review related to the
SNAP Outreach Reimbursement Project. In addition, the Entity shall allow
auditors from UMass Chan, DTA, the federal government, and/or other
appropriate oversight agencies access to all records pertaining to revenue and
expenditures specific to projects outlined in this Agreement. Such access may
include, but is not limited to, on-site visit or virtual/annual review, request to
upload documentation via SFTS and reproduction of records at reasonable
expense.
28. The Entity shall submit to UMass Chan each year a copy of the Entity’s
annual audit report.
29. In accordance with 2 CFR §200 et seq, Subpart F, a non-Federal entity that
expends $750,000 or more during the non-Federal entity's fiscal year in
Federal awards must have a single or program-specific audit conducted for
that year in accordance with the provisions of this part.
30. The Entity must comply with all security and confidentiality requests as
deemed necessary by DTA or UMass Chan to ensure compliance with
program requirements and as noted in Section K. of this Agreement, Data
Management. Any failure to comply with such request could result in
termination of this Agreement for cause.
31. If the Entity needs to enter into an ‘inactive’ status due to a lack of funding,
staffing issues, or other reason, the Entity must inform UMass Chan and DTA.
Inactive status means that an Entity has a current signed entity agreement with
UMass Chan but is not participating in the SNAP Outreach project for a
temporary time frame, or until the contract is terminated and/or expires (see
section I).
B. Conflict of Interest
1. The Entity must not allow any employee, vendor, or subcontractor to
participate in any decision related to this Agreement or to services provided
under this Agreement that affects or may affect his/her personal financial
interest or that of any family member or business partner.
2. The Entity must not employ or compensate any employee of the
Commonwealth during the term of this Agreement unless such arrangement or
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Outreach Partner Provider Agreement (Date of Template: December 2023)
decision is permitted under the provisions of M.G.L. c. 268A.
3. The Entity must not employ any former Commonwealth employees during the
term of this Agreement except as allowed by M.G.L. c. 268A.
C. Reporting Requirements
The Entity agrees to prepare any additional reports requested by UMass
Chan/DTA that are reasonably necessary to acquire or facilitate for the
acquisition of federal reimbursement.
D. Confidentiality
1. The Entity acknowledges that in the performance of this Agreement it may
acquire or have access to “personal data” and become a “holder” of such
personal data as defined in the Fair Information Practices Act, M.G.L. c. 66A,
or other information deemed confidential by the Commonwealth.
2. The Entity must comply with all applicable federal and state laws, rules, and
regulations relating to the privacy and security of personal information and/or
confidential information, including 7 CFR 272.1(c), M.G.L. c. 66A and
M.G.L. c. 93H.
E. UMass Chan Responsibilities
UMass Chan will:
1. Coordinate with the Entity to identify allowable outreach activities and
funding sources and to develop a budget by the due date to be included in the
State’s SNAP Outreach Plan.
2. Within 30 days of notification of USDA/FNS approval of the SNAP Outreach
Plan, UMass Chan will provide the Entity with a Statement of SNAP Outreach
Reimbursement Project Standards.
3. Assist the Entity in developing a working knowledge of SNAP Outreach requirements
and services that are eligible for reimbursement.
4. In coordination with DTA, provide the Entity with training and technical assistance
related to:
a) Onboarding trainings, if applicable;
b) DTA’s PATH and DTA Connect systems;
c) SNAP Outreach budget process;
d) SNAP Outreach claims and reimbursement process;
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Outreach Partner Provider Agreement (Date of Template: December 2023)
e) Annual Civil Rights Training;
f) PSI training; and
g) Other necessary training(s).
5. Provide the Entity with login credentials for the UMass Chan Secure File
Transfer System (SFTS) and provide training and technical assistance.
6. Review each invoice to ensure that:
a) expenditures were allowed and incurred in the claim quarter;
b) reimbursement eligible funding sources were used;
c) cover letter and certification of expenditures were submitted; and
d) supporting documents were provided (as applicable).
7. Work with the Entity to address any problems or errors identified during the
claims review process and to examine and review policies to avoid problems
with future invoices. If unable to resolve claims discrepancies within the
claims review period, UMass Chan will process the claim retroactively with
the next quarter.
8. Provide the Entity with a total of the costs that are not submitted to the federal
government for reimbursement, with a written explanation for the non-
inclusion.
9. Work with DTA to ensure that the Entity’s request for reimbursement is included in
the claim that the State submits to the federal government for SNAP Outreach
reimbursement.
10. Monitor the Entity Application Approval Rate. Notify DTA and the Entity if the
Quality Application Approval Rate falls below the standard.
11. Conduct an annual program and fiscal review (virtual or in-person) to ensure
compliance with SNAP Outreach services and contract requirement.
12. For monitoring purposes, and in coordination by DTA, conduct random document
reviews of the Entity to ensure accuracy of claims and maintenance of appropriate
records.
13. In coordination with DTA, implement performance-improvement strategies, such as,
but not limited to, trainings and technical assistance, corrective action with the goal
improvement, if warranted, a probationary period to implement changes discussed with
the Entity, and contract termination, if warranted.
14. Provide the Entity with reminders of due dates, deliverables, and track
compliance and mandatory training attendance.
15. In coordination with DTA, UMass Chan will work with the Entity that needs to
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Outreach Partner Provider Agreement (Date of Template: December 2023)
enter into an ‘inactive’ status or terminated status due to a lack of funding,
staff transitions and/or other factors. UMass Chan will complete the following
process:
a) UMass Chan and DTA will schedule a phone conversation and/or
meeting to determine why the organization wants to become
inactive/terminate the contract.
b) UMass Chan will secure written acknowledgement of
inactive/termination plan from the Entity.
c) UMass Chan and DTA will use the following checklist to track steps
for inactive/terminated Entity:
i.
UMass Chan will remove the Entity from all active partner
distribution and tracking lists and marketing materials;
ii.
UMass Chan will encourage the Entity to submit a claim by
the end of the current quarter (if applicable).
iii.
DTA will suspend DTA Connect and PATH system
privileges within 30 days of the report of inactive or
terminated status;
iv.
DTA will inform the appropriate Community Liaison the
Entity is no longer active; and
v.
UMass Chan and DTA will deactivate the Entity in UMass
Chan/DTA systems.
d) UMass Chan and DTA will inform the Entity of the process for
resuming SNAP Outreach service or new contract requirements,
when applicable.
F. Payment Procedure
1. UMass Chan will distribute to the Entity an amount equal to 95% of the
federal funds that have been received by the Commonwealth that are
attributable to the services provided by the Entity and listed on the Entity’s
quarterly SNAP outreach claim (invoice) and will retain 5% of such funds as
compensation for its services. UMass Chan will work with DTA, EOHHS, and
USDA to make payments within 90 days after the quarter claims are
processed.
2. If any expenditures listed on the Entity’s quarterly outreach invoice are not
reimbursed by the federal government, UMass Chan will notify the Entity of
the non-reimbursed amount and, to the extent known by UMass Chan, the
reason for the non-reimbursement.
3. All payments and reimbursements are subject to availability of federal funds.
G. Disallowance Procedure
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Outreach Partner Provider Agreement (Date of Template: December 2023)
1. In the event that a review by DTA, UMass Chan, the federal government, or
any other oversight agency determines that the Entity did not provide services
in accordance with the terms specified in this Agreement, applicable state
and/or federal laws, and/or if for any other reason the federal government
takes steps to recover funds that it believes it paid in error (disallowance), the
Entity agrees to return the disallowed funds to UMass Chan within 60 days
after notification by UMass Chan, or to make other repayment provisions
satisfactory to UMass Chan and agreed to by UMass Chan in writing.
2. The Entity agrees to return the disallowed funds to UMass Chan as described
in Section G.1 above, even if the disallowance occurs after the termination of
this Agreement.
3. The Entity authorizes UMass Chan to reduce or withhold future payments to
the Entity if necessary to recover disallowed funds.
H. Agreement Management and Supervision
1. UMass Chan designates Jayna Mistry as its Contract Officer to be responsible
for managing and administering this Agreement.
2. The Entity designates __________________________as its Contract Officer
to be responsible for all Agreement management and supervision.
3. Each party must notify the other within 10 business days after any change to
its Contract Officer.
I. Termination
1. This Agreement must be in effect from the date it is executed until September
30, 2028, unless this Agreement is amended or terminated earlier in
accordance with the provisions of this Section I.
2. Either party may terminate this Agreement without cause by giving written
notice to the other party’s Contract Officer at least 30 calendar days prior to
the effective date of termination.
3. In the event of an elimination or reduction in the Entity’s funding, the Entity
may terminate this Agreement by providing written notice of termination to
the UMass Chan Contract Officer at least 14 calendar days prior to the
effective date of termination, unless funding circumstances necessitate a
shorter notice period.
4. Either party may terminate this Agreement for cause by giving written notice
to the other party’s Contract Officer at least three calendar days prior to the
Andi Benvenuto
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effective date of termination if the other party fails to fulfill its responsibilities
under this Agreement. Such written notice must state the circumstances of the
other party’s failure. Such written notice may, but is not required to, provide
the other party with an opportunity to cure the breach.
J. Diversity, Equity and Inclusion Commitment
UMASS Chan and DTA are committed to increasing opportunities and creating a
culture that values and embraces contributions from all people with different
backgrounds, experiences, and perspectives. This agreement between UMASS
Chan and the Entity is an agreed upon commitment that will provide
opportunities and services in alignment with the state’s efforts towards diversity,
equity, and inclusion (DEI) for all. Accordingly, as part of this continuous effort
and program improvement towards DEI alignment, SNAP Outreach partners
must demonstrate a commitment to such efforts in the services they provide.
K. Data Management
1. Definitions
a. “Breach”: must mean the acquisition, access, use, or disclosure of Personal
Information in a manner not permitted under this Agreement, M.G.L. c. 93H,
or other applicable state or federal privacy and security laws.
b. “Custodian”: must mean the individual designated by the Entity to oversee
the Entity’s compliance with this section of the Agreement, Data
Management. The Entity designates
as
custodian of the Personal Information and must notify UMass Chan within
two business days if the custodianship is transferred to another person.
c. “Data Management Agreement” (“DMA”): must mean Section K, the data
management section of the Agreement.
d. “Discovers”: must mean the first day on which a use or disclosure of Personal
Information not permitted under this Agreement, a Breach, or a Security
Incident is known to the Entity (including any person, other than the individual
committing the Breach, who is an employee, officer, or other agent of the
Entity), or should reasonably have been known to the Entity, to have occurred.
e. “Personal Information” or “PI”: must mean:
x “personal information” as defined in M.G.L. c. 93H or other
applicable states’ security breach notification laws;
x “personal data” as defined in M.G.L. c. 66A;
Nora Williams
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x “information” obtained from a SNAP applicant or recipient household
as used in 7 CFR 272.1(c);
x Third party data and any other individually identifiable information
that is treated as confidential under the law;
and must refer to any information in any medium (whether oral, written, or
electronic) that the Entity creates, receives, maintains, uses, discloses,
transmits or is otherwise permitted access to in the performance of its services
pursuant to this Agreement.
f. “Security Incident”: must mean the attempted or successful unauthorized
access, use, disclosure, modification, or destruction of information or
interference with system operations in an information system.
2. Obligations and Activities of Entity
a) The Entity acknowledges and agrees that it is functioning as UMass
Chan's subcontractor pursuant to this Agreement by performing services
UMass Chan is obligated to perform.
b) The Entity agrees not to access, create, receive, maintain, use, disclose, or
transmit Personal Information other than for the purposes specified in this
Agreement, as permitted or required by this DMA, or applicable state and
federal laws. The Entity further agrees that it must make all reasonable
effort to use or disclose, request, maintain, or access no more than the
minimum amount of Personal Information permitted under this
Agreement and DMA than is necessary to perform the services under this
Agreement.
c) The Entity agrees to comply with all applicable state and federal laws and
regulations relating to the confidentiality, privacy, and security of
Personal Information, as well as any applicable state policies, standards,
or rules governing the Entity’s use, disclosure, and maintenance of any PI
under this Agreement. This includes, but is not limited to, 7 CFR
272.1(c), M.G.L. c. 66A and c. 93H; 201 CMR 17; and the
Massachusetts Executive Office of Technology Services and Security
(EOTSS) Enterprise Information Security Policies and Standards or
applicable successor policies and requirements;.
d) The Entity further agrees that it must comply with all other privacy and
security obligations applicable to any PI under this Agreement based on
UMass Chan or DTA having entered into an agreement with a third party
(including, but not limited to, the Social Security Administration or the
Massachusetts Department of Revenue) to obtain or access the data. Such
agreements may include a written compliance acknowledgment or
confidentiality agreement. The Entity must comply with other privacy
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Outreach Partner Provider Agreement (Date of Template: December 2023)
and security obligations required by the third party for access to data
from the third party or to any system or database containing any such data
or through which such data could be accessed.
e) The Entity agrees to implement a comprehensive information security
program at least as stringent as 201 Code of Massachusetts Regulations
17.00, as amended, including but not limited to:
(1)
Designating one or more employees to maintain the comprehensive
information security program.
(2)
Identifying and assessing reasonably foreseeable internal and
external risks to the security, confidentiality, and/or integrity of any
electronic, paper, or other records containing Personal Information,
and evaluating and improving, where necessary, the effectiveness of
the Entity’s current safeguards for limiting such risks, including but
not limited to:
x ongoing training for individuals authorized to access the
Personal Information, including but not limited to employees
(including temporary and contract employees) (collectively
“employees”), officers, independent contractors, and agents
(employees, officers, independent contractors, and agents must
collectively be referred to in this DMA as “individuals with
access”);
x compliance with policies and procedures by individuals with
access; and
x means for detecting and preventing security systems failures.
(3)
Developing and implementing security policies applicable to
individuals with access, including but not limited to the storage,
access, and transportation of records containing Personal
Information outside of business premises owned or controlled by the
Entity, including remote access to Personal Information.
(4)
Imposing disciplinary measures, including but not limited to
termination of access to Personal Information, for violations of the
Entity’s comprehensive information security program rules by
individuals with access.
(5)
Preventing terminated employees or other individuals with access
from accessing records containing Personal Information.
(6)
Taking reasonable steps to select and retain subcontractors capable
of maintaining appropriate security measures to protect Personal
Information consistent with this DMA and ensuring that each agent
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Outreach Partner Provider Agreement (Date of Template: December 2023)
or subcontractor that the Entity engages to create, receive, maintain,
use, disclose, or transmit Personal Information under the subcontract
agrees in writing to the same restrictions and conditions that apply
to the Entity throughout this DMA.
(7)
Implementing reasonable restrictions upon physical access to
records containing Personal Information, and storage of such
records and data in locked facilities, storage areas, or containers.
(8)
Regular monitoring of the Entity’s comprehensive information
security program to ensure it is operating in a manner reasonably
calculated to prevent unauthorized access to or unauthorized use of
Personal Information; and upgrading physical, administrative, and
technical safeguards as necessary to limit risks.
(9)
Reviewing the scope of the Entity’s security measures at least
annually or whenever there is a material change in business
practices that may reasonably implicate the security or integrity of
records containing Personal Information.
(10) Documenting responsive actions taken in connection with any
incident involving a Breach or Security Incident, and mandatory
post-incident review of events and actions taken, if any, to make
changes in business practices relating to protection of Personal
Information.
f. The Entity agrees to implement reasonable administrative, physical, and
technical safeguards that reasonably and appropriately protect the
confidentiality, integrity, and availability of the electronic Personal
Information that it creates, receives, maintains, uses, discloses, transmits,
or otherwise has access to on behalf of UMass Chan or DTA. Such
safeguards must include at a minimum the following:
(1)
Secure user authentication protocols.
(2)
Secure access control measures restricting access to records and
files with Personal Information to those who need such information
to perform job duties, and then only to the minimum necessary to
perform such duties, as well as the assignment of unique
identifications and passwords that are designed to maintain the
integrity of the security of the access controls.
(3)
Encryption of all data-in-motion and data-at-rest meeting standards
set forth in http://csrc.nist.gov/publications/nistpubs/800-
111/SP800-111.pdf (NIST Special Publication 800-111 entitled
“Guide to Encryption Technologies for End-User Devices”), as that
document may be amended or updated from time to time.
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Outreach Partner Provider Agreement (Date of Template: December 2023)
(4)
No storage of Personal Information on portable media or devices
that may be transported off the Entity’s premises except when
copying data onto storage media for secure transport to UMass
Chan, DTA, or the Entity’s backup facility, and then only in
encrypted format as described in Section f(3) immediately above.
(5)
Continuous monitoring of the Entity’s systems for unauthorized
use of or access to Personal Information.
(6)
Continuous updating of firewall protection and operating system
security patches designed to maintain the integrity of the Personal
Information.
(7)
Updated versions of system security agent software, which must
include malware protection and updated patches and virus
definitions, or a version of such software that can still be supported
with updated patches and virus definitions and is set to receive the
most current security updates on a regular basis.
(8)
Education and training of individuals with access on the proper use
of the information security system and the importance of Personal
Information security.
(9)
No remote access to the Personal Information, unless pursuant to
Entity’s comprehensive written information security plan for such
access.
(10) If UMass Chan gives the Entity access to any UMass Chan, DTA,
or other data owner’s database, system, or information technology
resource, the Entity must comply with all UMass Chan, DTA, or
other data owner’s policies, processes, and mechanisms established
for access. The Entity must maintain and make available at the
request of UMass Chan a current list of individuals with access to
such database(s) and changes thereto, including but not limited to
changes requiring a termination or modification of any password,
user ID, or other access mechanisms.
(11) No hosting or maintaining any Personal Information outside the
United States.
g. The Entity agrees to furnish UMass Chan upon request a description of
the steps it has taken to protect the security of the Personal Information
and must allow authorized representatives of UMass Chan access to the
premises where Personal Information is stored or accessed, for purposes
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Outreach Partner Provider Agreement (Date of Template: December 2023)
of inspecting privacy and security arrangements.
h. The Entity agrees to document disclosures of Personal Information, as
required to provide an accounting of disclosures of Personal
Information, only as prescribed by applicable state or federal
requirements.
i. The Entity agrees to verbally report to UMass Chan's Privacy Officer by
telephone (508-856-TEAM) and in writing by email
([email removed]), within three business days of
when the Entity Discovers any Breach, nonpermitted use or disclosure of
Personal Information, or Security Incident.
Notice must include:
(i) the date(s) of occurrence of the Breach, nonpermitted use or
disclosure, or Security Incident; (ii) nature of such incident(s); (iii) date
of Discovery of such incident(s); (iv) nature and extent of Personal
Information involved; (v) nature of unauthorized persons who received
Personal Information; (vi) the number of individuals involved; (vii) the
harmful effects of the incident known to the Entity and steps the Entity
has taken or plans to take to mitigate risk of harm from such incident(s);
and (viii) any other information necessary to complete a risk assessment.
When, despite all reasonable efforts by the Entity to timely obtain the
information required for such notice, circumstances beyond the control
of the Entity necessitate additional time, the Entity must provide the
above information to UMass Chan as soon as possible and without
unreasonable delay, but in no event later than 30 calendar days from the
date on which it Discovers the Breach, nonpermitted use or disclosure,
or Security Incident; provided that the Entity must provide verbal notice
of the Breach, nonpermitted use or disclosure, or Security Incident, and
all information then available within three business days of Discovery of
the incident and the additional information as soon thereafter as it is
available.
(1)
The Entity agrees to retrieve, to the extent possible, any Personal
Information used or disclosed in the nonpermitted manner;
mitigate, to the extent possible, the risk to the Personal Information
resulting from the nonpermitted use or disclosure; and take any
further action required by any applicable state or federal law
concerning the privacy and security of the Personal Information.
(2)
The Entity agrees to cooperate and provide access to information
necessary for UMass Chan and the Entity to determine the scope of
the unauthorized use, disclosure, or Security Incident and to fulfill
any mitigation or notification obligation. If the data owner, DTA,
or UMass Chan determines that the Entity’s breach triggers
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Outreach Partner Provider Agreement (Date of Template: December 2023)
individual notification, the Entity agrees to assist UMass Chan. The
Entity further agrees to comply with its obligations under M.G.L.
c. 93H and other state and federal security breach statutes, as
applicable, but in no case must the Entity provide notice directly to
individuals, any applicable government agency, or any media
outlets.
(3)
The Entity agrees to reimburse UMass Chan for reasonable costs
incurred associated with notification and mitigation, to the extent
that such costs are due to the Entity’s: (a) failure to meet its
responsibilities under, or in violation of, any provision of this
DMA or this Agreement; (b) violation of law; (c) negligence; and
(d) any activity or omission of its employees, agents, other
individuals with access, or subcontractors resulting in or
contributing to an incident triggering such notice or mitigation.
j. The Entity agrees to ensure that each agent or subcontractor that it may
engage on its behalf that will have access to Personal Information
received from, created or received by the Entity pursuant to this
Agreement, agrees in writing to the same restrictions and conditions that
apply through this DMA to the Entity. The Entity is solely responsible
for its agents’ and subcontractors’ compliance with this and all other
provisions in this DMA and must not be relieved of any obligation
because the PI was in the possession of its agents or subcontractors.
k. The Entity agrees to report to UMass Chan's Privacy Officer, by
telephone and in writing by email, as described in Section i above,
within two business days of receipt, any instance where an individual or
an individual’s legal representative makes a request of either the Entity
or a subcontractor or agent of the Entity:
(a) for a copy of the Personal Information pertaining to that individual;
(b) that the Personal Information be disclosed to a third party; (c) that the
Personal Information be amended; or (d) for a list of disclosures made
by the Entity of the Personal Information pertaining to that individual.
The Entity must respond as directed by UMass Chan.
l. The Entity agrees to report to the UMass Chan Privacy Officer, by
telephone and in writing by email, as described in Section i above, any
instance in which the Personal Information is subpoenaed or becomes
the subject of a court or administrative order or other legal process,
whether or not the Personal Information is in the Entity’s physical
custody. In no event must the Entity’s reporting obligations under this
paragraph be delayed beyond two business days preceding the return date
in the subpoena or legal process, or two business days from obtaining
such request for data, whichever is shorter. The Entity must not respond
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Outreach Partner Provider Agreement (Date of Template: December 2023)
to such legal process unless so authorized by UMass Chan and in
accordance with applicable state or federal law requirements.
m. The Entity acknowledges that it has no ownership rights in the Personal
Information or in any data derived or extracted from the Personal
Information.
n. Upon termination or expiration of this Agreement or as otherwise
applicable, the Entity must properly dispose of all Personal Information
as follows, or as otherwise instructed in writing by UMass Chan:
(1)
Paper documents containing Personal Information must be either
redacted, burned, pulverized, or shredded so that personal data
cannot practicably be read or reconstructed;
(2)
Electronic media and other non-paper media containing Personal
Information must be destroyed or erased so that Personal
Information cannot practicably be read or reconstructed meeting
standards set forth in http://csrc.nist.gov/publications/nistpubs/800-
88/NISTSP800-88_with- errata.pdf (NIST Special Publication 800-
88 entitled “Guidelines for Media Sanitization”), as that document
may be amended or updated from time to time; and
(3)
The Entity must attest in writing to UMass Chan within 30 days of
the termination or expiration of this Agreement that all the
Personal Information was returned or destroyed in compliance with
the above- listed requirements, including a description of the steps
taken.
UMass Chan:
SIGNATURE:
PRINT NAME: Patti Onorato
PRINT TITLE: Deputy Executive Vice Chancellor for Operations
ENTITY:
SIGNATURE:
PRINT NAME:
PRINT TITLE:
Katjana Ballantyne
Mayor of City of Somerville
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