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CONFIDENTIALITY AGREEMENT THIS CONFIDENTIALITY AGREEMENT (this "Agreement") is made and entered into as of August 1, 2014 (the "Effective Date") by and between Indian River County BOCC ("Client"), The Gehring Group, Inc. ("Gehring Group"). and JAG Enterprises, LLC. d.b.a. Benefits Workshop ("Service Provider'). Client. Gehring Group. and Service Provider are referred to individually as a "Party" and collectively as the "Parties" herein. WHEREAS, Client is a Covered Entity under HIPAA (as defined below); WHEREAS, effective October 1, 2010 Client entered into a Service Agreement with Service Provider (the "Service Provider Agreement") pursuant to which Service Provider performs services (the "Service Provider Services") on behalf of the Client; WHEREAS, effective April 20, 2010 Client entered into a Consulting Agreement with Gehring Group (the "Gehring Group Agreement") pursuant to which the Client has engaged Gehring Group to provide or arrange for the provision of certain consulting services (the "Gehring Group Services") to the Client; WHEREAS, Client has entered into business associate agreements with each Service Provider and Gehring Group pursuant to which the Parties have agreed to comply with the requirements of the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191 (the "Act"), the privacy standards adopted by the U.S. Department of Health and Human Services ("HHS") as they may be amended from time to time, 45 C.F.R. parts 160 and 164, subparts A and E (the "Privacy Rule"), the security standards adopted by HHS as they may be amended from time to time, 45 C.F.R. parts 160, 162, and 164, subpart C (the "Security Rule"), and the privacy provisions (Subtitle D) of the Health Information Technology for Economic and Clinical Health Act, Division A, Title XIII of Pub. L. 1 1 1-5, and its implementing regulations (the "HITECH Act") (collectively referred to herein as "HIPAA"), in providing the Service Provider Services and the Gehring Group Services to the Client; WHEREAS, Client has requested that Gehring Group provide information directly to Service Provider, which may include individually identifiable health information, as that term is defined by HIPAA; WHEREAS, the Parties agree to comply with the applicable requirements of HIPAA, and will appropriately safeguard all protected health information ("PHI") or electronic protected health information ("electronic PHI") that is transferred, created, received or accessed pursuant to this Agreement; and WHEREAS, the Parties desire to enter into this Agreement in order to (i) protect the privacy and provide for the security of PHI and electronic PHI transferred, received, accessed, used or maintained pursuant to this Agreement, and (ii) satisfy certain requirements imposed on the Parties by HIPAA. NOW, THEREFORE, in consideration of the mutual benefits of complying with laws and regulations stated above, the Client, Gehring Group, and Service Provider agree as follows: 1 17670672v.2 79