Common use of Accessibility of Web Site Clause in Contracts

Accessibility of Web Site. If any work performed under this Contract results in design, development, maintenance or responsibility for content and/or format of any FW websites, or FW’s presence on other third-party website, the Contractor shall perform such work in compliance with the Americans with Disabilities Act of 1990 (ADA). The Contractor shall comply with all applicable legislative and regulatory requirements of privacy, security, and electronic transaction components of the Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”). Pursuant to 45 C.F.R. §164.502(e) and §164.504(e), the Contractor shall be designated a Business Associate pursuant and will be required to execute a Fairfax Water Business Associate Agreement. If the Contractor engages a subcontractor or subcontractors in the performance of Work under this Contract, the Contractor shall enter into an agreement with each of its subcontractors pursuant to 45 C.F.R. §164.308(b)(1) and the Health Information Technology for Economic and Clinic Health (HITECH) Act § 13401 that is appropriate and sufficient to require each subcontractor to protect Protected Health Information to the same extent required of the Contractor under Fairfax Water’s Business Associate Agreement and in a form approved by FW. The Contractor shall ensure that its subcontractors notify the Contractor, immediately, of any breaches in security regarding Protected Health Information. The Contractor takes full responsibility for any failure to execute the appropriate agreements with its subcontractors and for the failure of its subcontractors to comply with the existing or future regulations of HIPAA and/or HITECH, and shall indemnify FW for any and all loss, damages, liability, exposure, or costs resulting therefrom.