Division of Management Services
“DMS – Serving Those Who Serve Delaware”
Information Resource Management
Secure File Transfer 
Memorandum of Agreement


1.	This Memorandum of Agreement (MOA) is entered into between the Delaware 
Department of Health and Social Services (Department), Division of 
______________ (Division), and  _________________ (File Sharing Partner).

2.	The purpose of this MOA is to establish the terms of agreement governing the 
secure transfer of file(s) between the Division and the File Sharing Partner, so as to 
ensure that both parties involved clearly understand their responsibilities and 
accountabilities for the file transfer process.

3.	The ______________ will transmit files containing information on ___________ 
 
_______________________________________________________________ 
 
_______________________________________________________________.

4.	The ______________ requires the information in these files in order to _______ 
 
_______________________________________________________________ 
 
_______________________________________________________________.

5.	The File Sharing Partner agrees to limit its use in accordance with the “State 
Information Transport Network (SITN) Acceptable Use” policy (Appendix A) and to 
access only the data covered by this MOA.

6.	The Department and the File Sharing Partner agree that the file transfers covered 
by this MOA will utilize the Secure File Transfer protocol (SFTP).

7.	The Department and the File Sharing Partner agree to provide and support their 
respective SFTP servers.

8.	The Department Information Resources Management (IRM) unit will support this 
MOA technically in conjunction with their staff

9.	If the File Sharing Partner is not a government entity, the File Sharing Partner will 
indemnify and hold harmless the State of Delaware, the Department and the 
Division from contingent liability to others for damages because of bodily injury, 
including death, that may result from the File Sharing Partner’s negligent 
performance under this MOA, and any other liability for damages for which the File 
Sharing Partner is required to indemnify the State, the Department and the Division 
under any provision of this MOA.

10.	Appendix A of this MOA is the “State Information Transport Network (SITN) 
Acceptable Use” policy for the primary Division user.

11.	If the information transferred includes HIPAA-defined Protected Health Information 
(PHI), Appendix B of this MOA is the Business Associate Agreement (BAA) 
outlining permitted uses or disclosures of PHI.

12.	This MOA will commence upon signature of all parties and continue in effect until 
terminated.

13.	This MOA will not be altered, changed, modified or amended except by written 
consent of all parties.

14.	This Agreement may be terminated in whole or part, with or without cause, upon 
thirty (30) calendar day’s written notice to the other parties by either the Department 
or the File Sharing Partner.



For the File Sharing Partner		For the Department


__________________________	__________________________
Name					Vincent P. Meconi, Secretary


__________________________	__________________________
Title					Date


__________________________
Date					For the Division


						__________________________
						Director


						__________________________
						Date
sftpmoa.doc	10/11/2007	Page 1 of 2