HomeMy WebLinkAboutCity of Tamarac Resolution R-2017-099TR12997
September 1, 2017
Page 1
CITY OF TAMARAC, FLORIDA
t" „
RESOLUTION NO. 2017-�
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, APPROVING A FIVE (5)
YEAR -TERM AGREEMENT FOR EMERGENCY MEDICAL
SERVICES (EMS) INTERNSHIP PROGRAM BETWEEN
THE CITY OF TAMARAC AND CITY COLLEGE TO ALLOW
EMS STUDENTS TO RIDE ALONG ON CITY'S FIRE
RESCUE VEHICLES AS PART OF A PRECEPTORSHIP
PROGRAM AND RECEIVE EDUCATION AND TRAINING
FROM TAMARAC FIRE RESCUE PERSONNEL WITH AN
EFFECTIVE DATE UPON EXECUTION BY ALL PARTIES,
AUTHORIZING APPROPRIATE CITY OFFICIALS TO
EXECUTE THE AGREEMENTS FOR EMS INTERNSHIP
PROGRAM AND BUSINESS ASSOCIATE; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac through the Fire Department provides
Emergency Medical Services (EMS) and Advanced Life Support (ALS) transport;
and
WHEREAS, City College requires agreements for EMS Internship
Programs to be executed with participating agencies for their EMS students to
ride along with each prospective agency, and
WHEREAS, City College has requested that the City of Tamarac allows
Emergency Medical Technician (EMT) and Paramedic students to ride along on
the City's fire rescue units as part of a Preceptorship Program in order to gain the
TR12997
September 1, 2017
Page 2
required experience needed to become a State of Florida Certified EMT and/or
Paramedic under Chapter 64J-1, Florida Administrative Code; and
WHEREAS, the City Acknowledgement of Responsibility to Maintain
Confidentiality of Medical Information, the Business Associate Agreement, the
Hold Harmless Agreement and the Agreement for EMS Internship Program are
attached hereto as Exhibits A, B, C, and D respectively; and
WHEREAS, the Agreement for EMS Internship Program also enables the
City to have our own personnel if attending school to ride on our rescue vehicles;
and
WHEREAS, the Fire Chief recommends the approval and execution of the
Agreement for EMS Internship Program with City College and the Business
Associate Agreement; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it
to be in the best interest of the citizens and residents of the City of Tamarac to
approve the Agreements for EMS Internship Program and the Business
Associate with City College to allow EMS students to ride on Tamarac Fire
Rescue vehicles.
1
TR 12997
September 1, 2017
Page 3
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution. All Exhibits attached hereto are expressly incorporated herein and
made a part hereof.
SECTION 2: That the Commission hereby approves the Agreement for
EMS Internship Program and the Business Associate Agreement between the
City of Tamarac and City College to allow EMS students to ride on City Fire
Rescue vehicles as part of a Preceptorship Program. The appropriate City
Officials are hereby authorized to execute the City College Agreements for EMS
Internship Program and the Business Associate (attached hereto as Exhibit D
and B).
SECTION 3: That all Resolutions or parts of Resolutions in conflict
herewith are hereby repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining
portions or applications of this Resolution.
TR12997
September 1, 2017
Page 4
SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this d day of ; 2017.
HARRY DRESSLER,
MAYOR
ATTEST
*1P
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER 14441
DIST 1: COMM. BOLTON
DIST 2: COMM. GOMEZ
DIST 3: COMM. FISHMAN
DIST 4: VICE MAYOR PLACKO
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
SAMUEL S. GOREN
CITY ATTORNEY
1
1
1
CITY OF TAMARAC
ACKNOWLEDGMENT OF RESPONSIBILITY
TO MAINTAIN CONFIDENTIALITY OF MEDICAL INFORMATION
By virtue of your internship program or other association with the City of Tamarac, you
may need to know and, therefore, may be informed of certain patient medical
information that is necessary to perform your assigned duties.
State law, and in some instances federal law, mandates that personal information and
protected health information ("medical information") be kept confidential unless the
patient gives specific written authorization or unless compelled by court order or
subpoena, when certain conditions are met for release of medical information.
By signing this form, you acknowledge that you must maintain as confidential all
medical information regarding any patient which you obtain in conjunction with your
internship duties and responsibilities, and you further acknowledge that you may not
disseminate this medical information to or discuss the medical condition of a patient with
any person except those persons directly necessary to the performance of your duties
and responsibilities.
Breach of this confidentiality may result in monetary liability, civil, and/or criminal
penalties imposed by law, and shall subject interns to discipline up to and including
dismissal for violation of City rules.
Print Name of Student:
Signature of Student:
Date:
Received by:
Effective: 10/29/2010
First MI Last Suffix
on
(Name) (Date)
For internal use only:
Date Received:
Recipient:
HIPAA Form
BUSINESS ASSOCIATE AGREEMENT ("BA AGREEMENT")
To the extent that the City of Tamarac ("Covered Entity") discloses Protected Health
Information to City College, its employees, servants, agents, or volunteers while providing "ride
time" services for Covered Entity, ("Business Associate") (Covered Entity and Business
Associate are each a "party" and together are the "parties) in connection with that Agreement for
the EMS Internship Program between the parties ("the Underlying Agreement"), or as otherwise
required by the Health Insurance Portability and Accountability Act of 1996, as amended,
("HIPAA"), Covered Entity and Business Associate agree to the following terms and conditions,
which are intended to comply with HIPAA, the Health Information Technology for Economic
and Clinical Health Act of 2009 (the "HITECH Act"), and the Florida Information Protection
Act (section 501.171, Florida Statutes):
1. Definitions
(a) Business Associate. "Business Associate" shall have the same meaning as the term
"business associate" at 45 CFR 160.103, and in reference to this BA Agreement shall mean the
individual or entity identified above as the Business Associate.
(b) Covered Entity. "Covered Entity" shall generally have the same meaning as the
term "covered entity" at 45 CFR Part 160.103, and in reference to the party to this BA
Agreement, shall mean City of Tamarac.
(c) HIPAA Rules. "HIPAA Rules" shall mean the Privacy, Security, Breach
Notification, and Enforcement Rules at 45 CFR Part 160 and Part 164.
(d) The following terms used in this BA Agreement shall have the same meaning as
those terms defined in the HIPAA Rules: Breach Designated Record Set, Disclosure, Health
Care Operations, Individual, Minimum Necessary, Notice of Privacy Practices, Protected Health
Information, Required by Law, Secretary, Security Incident, Subcontractor, Unsecured Protected
Health Information, and Use. All other capitalized terms used but not otherwise defined in this
BA Agreement shall have the same meaning as those terms in the Privacy Rule and Security
Rule, including 45 CFR Part 160.103 and 164.501.
(e) The following terms used in this BA Agreement shall have the same meaning as
those terms defined in the Florida Information Protection Act, section 501.171, Florida Statutes:
"customer records," "personal information," and "third -party agent." All terms that may be
defined in multiple laws, i.e. HIPAA and the Florida Information Protection Act, shall be given
such meaning as to provide the more strict interpretation or form of compliance with applicable
state or federal laws.
(f) A citation in this Agreement to the Code of Federal Regulations, federal law, or
state law shall mean the cited section as that section may be amended from time to time.
2. Obligations and Activities of Business Associate
1001819762 2704-0501640}
(a) Business Associate agrees to not Use or disclose Protected Health Information
other than as permitted or required by this BA Agreement, the Underlying Agreement or as
Required by Law.
(b) Business Associate agrees to use appropriate safeguards and comply with Subpart
C of 45 CFR Part 164 with respect to electronic protected health information, to prevent Use or
Disclosure of the Protected Health Information other than as provided for by this BA Agreement.
(c) Business Associate agrees to report to Covered Entity's Privacy Official, within
five (5) business days, any Use or Disclosure of the Protected Health Information not provided
for by this BA Agreement, of which it becomes aware, including breaches of Unsecured
Protected Health Information as required by 45 CFR Part 164.410. Such report shall include,
without limitation, the identification of each Individual whose Unsecured Protected Health
Information has been, or is reasonably believed by the Business Associate to have been,
accessed, acquired, or disclosed during such Breach. This includes, but is not limited to, a
Breach of the security of any data covered by section 501.171, Florida Statutes.
(d) In accordance with 45 CFR Part 164.502(e)(1)(ii) and Part 164.308(b)(2), if
applicable, Business Associate agrees to ensure that any agent or Subcontractor that create,
receive, maintain, or transmit Protected Health Information on behalf of Business Associate
agrees in writing to the same restrictions, conditions and requirements that apply to Business
Associate with respect to such information. Upon Covered Entity's request, Business Associate
shall make such written agreements between Business Associate and its agents or Subcontractors
available to Covered Entity for its review.
(e) To the extent Business Associate has Protected Health Information in a
Designated Record Set that is not maintained by Covered Entity, Business Associate agrees to
provide access, at the request of Covered Entity (which may also be on behalf of an Individual),
to Protected Health Information in a Designated Record Set, to Covered Entity in order to meet
the requirements under 45 CFR Part 164.524, including provision of records in electronic form
(including those requests made by Covered Entity on behalf of an Individual), to the extent
required by the HITECH Act.
(f) Business Associate agrees to make its internal practices, books, and records
relating to the Use and Disclosure of Protected Health Information received from, or created or
received by Business Associate on behalf of Covered Entity, available to the Secretary, in a time
and manner designated by the Secretary, for purposes of the Secretary determining Covered
Entity's compliance with the HIPAA Rules.
(g Should it be in its possession, Business Associate agrees to document and
maintain a record of all Disclosures of Protected Health Information in its possession and
information related to such Disclosures as would be required for Covered Entity to respond to a
request by an Individual for an accounting of Disclosures of Protected Health Information in
accordance with 45 CFR Part 164.528, the HITECH Act, and Florida law.
{001819762 2704-0501640}
(h) Business Associate agrees to, subject to subsection 4(c) below, return to the
Covered Entity or destroy, within fifteen (15) days of the termination of this BA Agreement, the
Protected Health Information in its possession and retain no copies.
(i) Business Associate agrees to mitigate, to the extent practicable, any harmful
effect that is known to either party, of a use or Disclosure of Protected Health Information in
violation of this BA Agreement.
0) Business Associate agrees to indemnify, insure, defend, and hold harmless
Covered Entity and Covered Entity's employees, directors, officers, subcontractors, agents, or
members of its workforce, each of the foregoing hereinafter referred to as an "indemnified
party," against all actual and direct losses suffered by the indemnified party and all liability to
third parties arising from or in connection with any Breach of this BA Agreement or of any
warranty hereunder or from any negligence, wrongful acts, or omissions, including the failure to
perform its obligations under HIPAA, as well as the additional obligations under the HITECH
Act, by Business Associate or its employees, directors, officers, subcontractors, agents, or
members of its workforce. This includes, but is not limited to, expenses associated with
notification to Individuals and/or the media in the event of a Breach of Protected Health
Information held by Business Associate. Accordingly, on demand, Business Associate shall
reimburse any indemnified party for any and all actual and direct losses, liabilities, lost profits,
fines, penalties, costs or expenses (including reasonable attorneys' fees) which may for any
reason be imposed upon any indemnified party by reason of any suit, claim, action, proceeding
or demand by any third party which results from the indemnifying party's Breach hereunder.
The provisions of this paragraph shall survive the expiration or termination of this BA
Agreement for any reason.
(k) In addition to its overall obligations with respect to Protected Health Information,
to the extent required by the Security Rule, Business Associate will:
(1) ensure that all PHI or EPHI be secured when accessed by Business
Associate's employees, agents, or subcontractors, limited to the legitimate use and purpose of the
this BA Agreement and Underlying Agreement while working with the PHI or EPHI; and
(2) report to Covered Entity any Security Incident of which it becomes aware
in accordance with section 2(c) of this BA Agreement.
(1) Except as otherwise allowed in this BA Agreement, HIPAA, and the HITECH
Act, Business Associate shall not directly or indirectly receive remuneration in exchange for any
Protected Health Information of an Individual unless the Individual has provided a valid,
HIPAA-compliant authorization.
(m) Business Associate shall use and disclose only a Limited Data Set w for these
purposes.
(n) Business Associate agrees to comply with the following:
100181976.2 2704-0501640)
(1) Sections 164.308 (administrative safeguards), 164.310 (physical
safeguards), 164.312 (technical safeguards) and 164.316 (policies and procedures and
documentation requirements) of the Security Rule shall apply to Business Associate in the same
manner that such sections apply to Covered Entity. The additional requirements of the HITECH
Act that relate to security and that are made applicable with respect to covered entities shall also
be applicable to Business Associate and shall be and by this reference hereby are incorporated
into this BA Agreement.
(2) Unless Covered Entity agrees, in writing, that it is infeasible, Business
Associate shall secure all Protected Health Information by a technology standard that renders
Protected Health information unusable, unreadable, or indecipherable to unauthorized
individuals and is developed or endorsed by a standards developing organization that is
accredited by the American National Standards Institute and is consistent with guidance issued
by the Secretary specifying the technologies and methodologies that render Protected Health
Information unusable, unreadable, or indecipherable to unauthorized individuals, including the
use of standards developed under Section 3002(b)(2)(B)(vi) of the Public Health Service Act, as
added by the HITECH Act. However, all such PHI physically maintained by Business Associate
shall be de -identified.
(3) Business Associate may Use and Disclose Protected Health Information
that Business Associate or its agent obtains or creates only if such information is de -identified
and therefore such Use or Disclosure, respectively, is in compliance with each applicable
requirement of Section 164.504(e) of the Privacy Rule, relating to business associate contracts.
The additional requirements of Subtitle D of the HITECH Act that relate to privacy and that are
made applicable with respect to Covered Entity shall also be applicable to Business Associate
and shall be and by this reference hereby are incorporated into this BA Agreement.
(4) In accordance with Section 164.504(e)(1)(ii) of the Privacy Rule, each
party agrees that, if it knows of a pattern of activity or practice of the other party that constitutes
a material Breach or violation of the other party's obligation under the BA Agreement, the non -
breaching party will take reasonable steps to cure the Breach or end the violation, as applicable,
and, if such steps are unsuccessful, terminate the contract or arrangement, if feasible, or if
termination is not feasible, report the problem to the Secretary.
(o) Business Associate shall abide by the limitations of Covered Entity's Notice of
Privacy Practices, which it has knowledge (a copy may be provided upon request by the Business
Associate). .
(p) Business Associate agrees to review and understand the HIPAA Rules as it
applies to Business Associate and its agents, and to comply with the applicable requirements of
the HIPAA Rule, as well as any applicable amendments and train its agents on the applicable
regulations.
3. Permitted Uses and Disclosures of Protected Health Information by Business
Associate
{001819762 2704-0501640}
(a) General Use and Disclosure Provisions
Except as otherwise limited in this BA Agreement, Business Associate may Use or Disclose
Protected Health Information obtained from or on behalf of Covered Entity to perform functions,
activities, or services for, or on behalf of Covered Entity as specified in the BA Agreement,
provided that such Use or Disclosure complies with HIPAA. Business Associate acknowledges
and agrees that it acquires no title or rights to the Protected Health Information, including any
de -identified information, as a result of this BA Agreement.
(b) Specific Use and Disclosure Provisions
(1) Business Associate may only Use or Disclose Protected Health Information as
necessary to perform functions, activities, or services for, or on behalf of,
Covered Entity to fulfill its obligations under the Underlying Agreement
provided that such Use or Disclosure would not violate the Privacy Rule or
Security Rule if done by the Covered Entity.
(2) Business Associate agrees to make Uses and Disclosures and requests for
Protected Health Information consistent with Covered Entity's Minimum
Necessary policies and procedures.
(3) Business Associate may Use and disclose Protected Health Information for the
proper and necessary management and administration of Business Associate
or to carry out the legal responsibilities of Business Associate, provided that,
as to any such Disclosure, the following requirements are met:
(i) the Disclosure is required by law; or
(ii) Business Associate obtains reasonable assurances from the person to
whom the information is disclosed that it will remain confidential and used or
further disclosed only as required by law or for the purpose for which it was
disclosed to the person, and the person notifies Business Associate of any
instances of which it is aware in which the confidentiality of the information
has been breached.
(4) If the Underlying Agreement permits or requires Business Associate to Use
de -identified Protected Health Information, the Protected Health Information
must be de -identified in accordance with 45 CFR 164.514 (a)-(c).
(c) Withdrawal of Authorization. If the use or disclosure of PHI in this Agreement is
based upon an Individual's specific authorization for the use or disclosure of his or her PHI, and
the Individual revokes such authorization, the effective date of such authorization has expired, or
such authorization is found to be defective in any manner that renders it invalid, Business
Associate shall, if it has notice of such revocation, expiration, or invalidity, cease the use and
disclosure of the Individual's PHI except to the extent it has relied on such use or disclosure, or if
an exception under the Privacy Rule expressly applies.
{001819762 2704-0501640)
Term, Survival and Termination
(a) Term
The term of this BA Agreement shall be effective upon the date of execution by Covered Entity
and Business Associate and shall terminate when Business Associate no longer possesses
Protected Health Information from Covered Entity or on the date Covered Entity terminates for
cause set forth herein, whichever is sooner.
(b) Termination for Cause
Upon Covered Entity's knowledge of a material Breach by Business Associate, Covered Entity
shall provide written notice to Business Associate and may terminate this BA Agreement and
any Underlying Agreement with Business Associate if Business Associate does not cure the
Breach or end the violation within 30 days.
(c) Effect of Termination
(1) Except as provided below in section 4(c)(2) of this BA Agreement, upon
termination of this Agreement, for any reason, Business Associate shall return to Covered Entity
or destroy all Protected Health Information received from Covered Entity, or created or received
by Business Associate on behalf of Covered Entity, that the Business Associate still maintains in
any form. This provision shall apply to Protected Health Information that is in the possession of
Subcontractors or agents of Business Associate. Business Associate shall retain no copies of the
Protected Health Information.
(2) In the event that Business Associate determines that returning or destroying
the Protected Health Information is infeasible, Business Associate shall provide to Covered
Entity written notification of the conditions that make return or destruction infeasible, and, if
Covered Entity determines that return or destruction is infeasible, Business Associate shall
extend the protections of this BA Agreement to such Protected Health Information and limit
further Uses and Disclosures of such Protected Health Information to those purposes that make
the return or destruction infeasible, for so long as Business Associate maintains such Protected
Health Information.
(3) If the Underlying Agreement authorizes Business Associate to Use or
disclose Protected Health Information for its own management and administration or to carry out
its legal responsibilities and Business Associate needs to retain Protected Health Information for
such purposes after termination of the Underlying Agreement, Business Associate shall:
(i) retain only that Protected Health Information which is necessary
for Business Associate to continue its proper management and administration or to carry out its
legal responsibilities;
(ii) return to Covered Entity or, if agreed to by Covered Entity, destroy
the remaining protected health information that the business associate still maintains in any form;
{00181976.22704-0501640)
(iii) continue to use appropriate safeguards and comply with Subpart C
of 45 CFR Part 164 with respect to electronic protected health information to prevent Use or
Disclosure of the Protected Health Information, other than as provided for in this section, for as
long as Business Associate retains the Protected Health Information;
(iv) not Use or disclose the protected health information retained by
Business Associate other than for the purposes for which such Protected Health Information was
retained and subject to the same conditions set out at section 3 of this BA Agreement, which
applied prior to termination; and
(v) return to Covered Entity or, if agreed to by Covered Entity, destroy
the Protected Health Information retained by Business Associate when it is no longer needed by
Business Associate for its proper management and administration or to carry out its legal
responsibilities.
(d) Survival
Business Associate's obligations under this BA Agreement shall survive the termination of this
BA Agreement and shall end when all of the Protected Health information provided by Covered
Entity to Business Associate, or created or received by Business Associate on behalf of Covered
Entity, is destroyed or returned to Covered Entity.
5. Interpretation and Amendment of this BA Agreement
To the degree the terms of this BA Agreement conflict with the terms of any underlying
contract, the terms of this BA Agreement shall control. A reference in this BA Agreement to a
section of the Privacy Rule means the section as in effect or as amended. Any ambiguity or
inconsistency in this BA Agreement shall be resolved in favor of a meaning that permits Covered
Entity to comply with the Privacy Rule, the Security Rule, and the HITECH Act. The parties
hereto agree to negotiate in good faith to amend this BA Agreement from time to time as is
necessary for Covered Entity to comply with the requirements of the Privacy Rule and HIPAA
and for Business Associate to provide services to Covered Entity. However, no change,
amendment, or modification of this BA Agreement shall be valid unless it is set forth in writing
and agreed to by both parties.
6. No Third Party Rights/Independent Contractors
The parties to this BA Agreement do not intend to create any rights in any third parties.
The parties agree that they are independent contractors and not agents of each other.
7. Notices
Any notice required or permitted by this BA Agreement to be given or delivered shall be
in writing and shall be deemed given or delivered if delivered in person, or sent by courier or
expedited delivery service, or sent by registered or certified mail, postage prepaid, return receipt
j00181976.2 2704-0501640)
requested, or sent by facsimile (if confirmed), to the address set forth below. Each party may
change its address for purposes of this BA agreement by written notice to the other party.
To Business Associate: City College
2000 W. Commercial Blvd.
Fort Lauderdale, FL 33309
With a Copy to:
To Covered Entity:
Steve Stillwell, Division Chief, Professional
Standards
Tamarac Fire Rescue
6000 Hiatus Road
Tamarac, FL 33321
With a Copy Michael C. Cernech, City Manager
City of Tamarac
7525 NW 88 Ave
Tamarac, FL 33321
And a Copy to: Samuel S. Goren, City Attorney
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Boulevard, Suite 200
Ft. Lauderdale, Florida 33308
8. Florida Information Protection Act: Business Associate agrees and understands that
the services and/or goods provided under the BA consist, at least in part, of "customer records"
that contain "personal information," as defined in the Florida Information Protection Act, section
501.171, Florida Statutes (the "Act"). Accordingly, as required by the Act, Business Associate
agrees to implement safeguards to protect customer records containing personal information, in
whatever form retained and stored, from a breach of security. If customer records in Business
Associate's possession are breached in the manner set forth in the Act, Business Associate shall
immediately notify Covered Entity as indicated herein, and Business Associate shall work with
Covered Entity as required by the Act to assist in any of the following actions:
a. Investigate the alleged breach and determine if an actual breach has occurred,
which may include the use of law enforcement officials as needed and as determined by Covered
Entity;
b. Provide notice to any and all consumers whose personal information has been
breached;
C. Provide any and all other notices to governmental agencies that may be applicable
under the Act, if a breach has reached a particular threshold, as defined in the Act, which may
{00181976.2 2704-0501640}
include but is not limited to: credit reporting agencies and the Florida Department of Legal
Affairs;
d. Ensure that Business Associate's third -party agents are made aware of the Act and
any requirements to comply with the Act, and require that those third -party agents that store
customer records of Covered Entity who experience a breach notify Covered Entity immediately,
and work with Business Associate and Covered Entity as outlined in this section of the
Addendum.
The procedures specified herein shall not supersede any requirements specified by the Act. The
provisions of the Act, as may be amended from time to time, shall prevail in the event of any
conflict.
9. Miscellaneous
(a) Rights of Proprietary Information. Covered Entity retains any and all rights to the
proprietary information, confidential information, and PHI/EPHI it releases to Business
Associate.
(b) Assignment of Rights and Delegation of Duties. This BA Agreement is binding
upon and inures to the benefit of the Parties hereto and their respective successors and permitted
assigns. However, neither party may assign any of its rights or delegate any of its obligations
under this BA Agreement without the prior written consent of the other party, which consent
shall not be unreasonably withheld or delayed. Notwithstanding any provisions to the contrary,
however, Covered Entity retains the right to assign or delegate any of its rights or obligations
hereunder to any of its wholly owned subsidiaries, affiliates, or successor
companies. Assignments made in violation of this provision are null and void.
(c) Nature of Agreement. Nothing in this BA Agreement shall be construed to create
(i) a partnership, joint venture or other joint business relationship between the parties or any of
their affiliates, (ii) any fiduciary duty owed by one party to another party or any of its affiliates,
or (iii) a relationship of employer and employee between the parties.
(d) No Waiver. Failure or delay on the part of either party to exercise any right,
power, privilege, or remedy hereunder shall not constitute a waiver thereof. No provision of this
BA Agreement may be waived by either party except by a writing signed by an authorized
representative of the party making the waiver.
(e) Equitable Relief. Any disclosure of misappropriation of PHI or e-PHI by
Business Associate in violation of this BA Agreement will cause Covered Entity irreparable
harm, the amount of which may be difficult to ascertain. Business Associate therefore agrees
that Covered Entity shall have the right to apply to a court of competent jurisdiction for specific
performance and/or an order restraining and enjoining Business Associate from any such further
disclosure or breach and for such other relief as Covered Entity shall deem appropriate. Such
rights are in addition to any other remedies available to Covered Entity at law or in
equity. Business Associate expressly waives the defense that a remedy in damages will be
{00181976.2 2704-0501640)
adequate, and further waives any requirement in an action for specific performance or injunction
for the posting of a bond by Covered Entity.
(f) Severability. The provisions of this BA Agreement shall be severable, and if any
provision of this BA Agreement shall be held or declared to be illegal, invalid, or unenforceable,
the remainder of this BA Agreement shall continue in full force and effect as though such illegal,
invalid, or unenforceable provision had not been contained herein.
(g) No Third Party Beneficiaries. Nothing in this BA Agreement shall be considered
or construed as conferring any right or benefit on a person not party to this BA Agreement nor
imposing any obligations on either party hereto to persons not a party to this BA Agreement.
(h) Headings. The descriptive headings of the articles, sections, subsections, exhibits,
and schedules of this BA Agreement (if any) are inserted for convenience only, do not constitute
a part of this BA Agreement, and shall not affect in any way the meaning or interpretation of this
BA Agreement.
(i) Entire Agreement. This BA Agreement, together with all exhibits, riders, and
amendments, if applicable, which are fully completed and signed by authorized persons on
behalf of both parties from time to time while this BA Agreement is in effect, constitutes the
entire BA Agreement between the parties hereto with respect to the subject matter hereof and
supersedes all previous written or oral understandings, agreements, negotiations, commitments,
and any other writing and communication by or between the parties with respect to the subject
matter hereof. In the event of any inconsistencies between any provisions of this BA Agreement
in any provisions of the exhibits, riders, or amendments, the provisions of this BA Agreement
shall control.
0) Interpretation. Any ambiguity in this BA Agreement shall be resolved in favor of
a meaning that permits Covered Entity to comply with the HIPAA Rules and any applicable state
confidentiality laws. The provisions of this BA Agreement shall prevail over the provisions of
any other agreement that exists between the parties that may conflict with, or appear inconsistent
with, any provision of this BA Agreement or the HIPAA Rules.
IN WITNESS WHEREOF, the parties have executed this BA Agreement, effective as of
the last signature date below.
Covered Entity: Business Associate:
Cit a ity College ? �--- -
By: 7
Name: %ul'C �.-,er}� Name: R. Esther Fike Curry, President
Date: Date: %7 —/,� -17
{00181976.2 2704-0501640;
9 1�
7M
CITY OF TAMARAC
FIRE RESCUE DEPARTMENT
HOLD HARMLESS AGREEMENT
IN CONSIDERATION of the permission I have been granted to accompany one or more agents
of the City of Tamarac Fire Rescue Department, Tamarac, Florida, a municipal corporation, in the
course of his or her duty I, the undersigned, do by these presents release the City of Tamarac
and its Fire Rescue agents, public officials, servants and employees of the City of Tamarac from
any and all liability, claims, demands, actions and causes of action resulting from any and all
damage to me or my property, injuries, illnesses, or my death, arising out of or relating to any
happening or occurrence while I am accompanying any agent of Tamarac Fire Rescue on duty,
or incidental thereto, and for the same consideration, I promise to release and forever hold each
of them harmless from any such liability, claims, demands, illnesses, actions or causes of action.
The terms of this Agreement shall be in full force and effect on the date hereof and on any other
occasion hereafter when I accompany City of Tamarac agents.
I have read and understand the conditions of this program as stated above, and hereby
voluntarily assume all risks of loss, damage, injury or illnesses to me or my property, including
death, which may be sustained while a passenger of the City vehicle or incidental to
accompanying one or more City of Tamarac Fire Rescue agents while on duty.
This Release and Agreement shall be binding upon me and my heirs, executors, administrators,
personal representatives and assigns, and shall inure to the benefit of the said City, agents,
public officials and any person herein designated, and their heirs, executors, administrators,
personal representatives, assigns and successors in office.
Dated this day of 20
Print Name Signature
FOR DEPARTMENTAL USE
Citizen Assigned To:
Date Civilian Rode: Shift:
Shift Supervisor's Signature:
Hold Harmless.doc Revised 4/19/04
100182015.1 2704-0501640}
CITY COLLEGE
and
CITY OF TAMARAC
AGREEMENT FOR
EMERGENCY MEDICAL SERVICES
INTERNSHIP PROGRAM
This is an Agreement between CITY COLLEGE, Florida (hereafter referred to as
"COLLEGE") an accredited educational institution, having a principal address of 2000
West Commercial Blvd. Suite 200, Ft. Lauderdale, FL 33309 located in Broward County,
State of Florida,
and
City of Tamarac, (hereafter referred to as "CITY"), providing emergency medical
services, whose principal address is 7525 NW 881" Avenue, Tamarac, Florida 33321
located in the County of Broward, State of Florida. COLLEGE and CITY are each a
"party" and together are the "parties."
WHEREAS, the CITY agrees to collaborate in the education and training of
students in the Emergency Medical Technician (EMT) Program and the
Emergency Medical Paramedic Program (EMT-P) of the COLLEGE.
WHEREAS, the CITY acknowledges the value of this collaboration and agrees to
provide optimum facilities, resources and expertise at their disposal for the
comprehensive education of the student, and
WHEREAS, this Agreement will benefit both parties by providing trained EMTs
and Paramedics.
NOW, THEREFORE, it is hereby agreed by the parties as follows:
1. RESPONSIBILITIES OF THE COLLEGE:
A. The COLLEGE shall coordinate clinical rotations in consultation
with appropriate personnel of the CITY. These rotations will be
selected in accordance with the specific learning required and
opportunities accessible.
B. The COLLEGE shall accept administrative responsibility for the
program and provide didactic and performance based instruction as
required.
C. The COLLEGE shall ensure the quality of course content in
accordance with existing accreditation standards.
{00181967.1 2704-0501640)
D. The COLLEGE shall acknowledge and consult with proper CITY
personnel for administrative matters.
E. The COLLEGE shall comply with existing operational policies and
procedures of the CITY.
F. The COLLEGE shall require each student to secure Professional
Liability Insurance coverage of $1,000,000.00/$3,000,000.00 and
ensure each student has secured same before participation in the
Program.
G. The COLLEGE shall provide documentation substantiating the
certification of each student's medical insurance before
participation in the Program.
H. The COLLEGE shall secure at its expense General Comprehensive
Insurance including Bodily Injury Liability and Property Damage
Liability, the limits of which must be acceptable to the CITY. The
COLLEGE's liability policy shall be endorsed to add the City of
Tamarac as an additional insured and not as a mere certificate
holder.
I. The COLLEGE shall be responsible for compliance with the
Agreement, including but not limited to responsibility to provide
all of the COLLEGE's allied health students and faculty with (a)
information and training about the hazards associated with blood
and or other potentially infectious materials, (b) information and
training about the protective measures to be taken to minimize the
risk of occupational exposure to bloodborn pathogens, (c) training
in the appropriate actions to take in an emergency involving
exposure to blood and other potentially infectious materials, and
(d) information as to the reasons the student and faculty should
participate in hepatitis B vaccination and post -exposure evaluation
and follow-up.
J. The COLLEGE shall be responsible to provide training for faculty
and students concerning the Health Insurance Portability and
Accountability Act of 1996 (HIPAA), and any of its regulations
and related laws, any other applicable state and federal medical
privacy laws, including the Florida Information Protection Act.
K. The COLLEGE shall be responsible in accordance with the
Agreement for verifying that COLLEGE students and faculty are
compliant with the Recommended Guidelines for Occupational
Exposures to Infectious Diseases and the City's joint EMS
protocols.
100181967.1 2704-0501640) 2
L. The COLLEGE shall be responsible for the maintenance of all
faculty and student records. The COLLEGE confirms that all its
allied health students (a) have had a Diphtheria Tetanus Toxide
Booster within the last ten years; (b) can verify either immunity or
lack of immunity to varicella, measles, mumps, and rubella
through a titer or documented positive history of chicken pox,
measles, mumps, and rubella; (c) undergo annual screening for
tuberculosis.
M. The COLLEGE shall and does hereby agree to defend, indemnify,
and hold harmless the CITY, its Administrators, elected and
appointed officials, officers, agents, and employees from any and
all claims, demands, liabilities, damages, and expenses for illness
or injuries to any persons (whether employees of the CITY, third
parties or students, or representatives of the COLLEGE) or damage
to any property, caused directly or indirectly by the negligent acts
of, or as a result of the omission of or performance of duties by the
COLLEGE, its officers, elected and appointed officials, directors,
agents, servants, or employees under this Agreement and hold
same harmless against any and all claims, liability, loss, cost,
damage, or expense of any type or nature whatsoever, including
reasonable attorneys fees and court costs, which may arise with
regard to any activities associated with this Agreement.
N. The COLLEGE shall require each student to sign the CITY's Hold
Harmless Agreement before participating as set forth in Exhibit
"C" attached hereto.
O. The COLLEGE shall require each student to sign the CITY
Acknowledgement of Responsibility to Maintain Confidentiality of
Medical Information before participating set forth in Exhibit "A".
P. The COLLEGE shall provide the CITY with thirty (30) days'
written notice prior to cancellation, revocation, and non -renewal or
material change of any policy of insurance. Should the COLLEGE
fail to maintain any policy of insurance enumerated under this
Agreement, after written notice of cancellation, revocation, or
renewal or material change to any existing policy, fail to replace
same under like terms within seven (7) days, written notice
demanding same by the CITY, said cancellation, revocation, or
non -renewal material change of any policy of insurance contained
hereunder shall be deemed a material breach by the COLLEGE,
and the CITY shall have the right to terminate this Agreement at
once.
{00181967.1 2704-0501640) 3
2. RESPONSIBILITIES OF THE CITY:
A. The CITY will provide information and training to the
COLLEGE's allied health students and faculty on any City of
Tamarac Policies and Procedures related to the Agreement.
B. The CITY will provide the clinical facilities necessary for the
students to obtain experience with patients representing a broad
range of out -of -hospital medical care problems.
C. The CITY will provide students with opportunities for
observations and participation in patient evaluation, treatment and
transportation in the out -of -hospital environment.
D. The CITY will provide clinical supervision of students and
complete student evaluation forms.
E. The CITY will communicate pertinent information related to the
student clinical performance to the COLLEGE.
F. The CITY shall be responsible for providing the COLLEGE's
allied health students and faculty with personal protective
equipment, which is necessary to comply with the Agreement.
3. HIPAA/HITECH Act/Florida Information Protection Act. To the extent that the
students provided by COLLEGE are considered employees, servants, agents, or
volunteers of COLLEGE, and to the extent that students are privy to Protected
Health Information or Personal Information as defined in the Health Insurance
Portability and Accountability Act (45 C.F.R. §§ 160 and 164), the Health
Information Technology for Economic and Clinical Health (HITECH) Act (Title
XIII of Division A and Title IV of Division B of the American Recovery and
Reinvestment Act of 2009 (ARRA), Pub. L. No. 111-5, 123 Stat. 226 (Feb. 17,
2009), codified at 42 U.S.C. §§300jj et seq.; §§17901 et seq.), or the Florida
Information Protection Act, COLLEGE shall execute a HIPAA Business
Associate Agreement (section 501.171, Florida Statutes), attached hereto as
Exhibit "B" of this Agreement.
4. This Agreement will be in effect for five (5) years from the date of execution by
all parties. However, either party may terminate this Agreement upon thirty (30)
day written notice, with or without cause, unless otherwise specified in section
1 P.
This document incorporates and includes all prior negotiations, agreements, or
understandings applicable to the matters contained herein, and the parties agree
that there are no commitments, agreements, or understandings concerning the
subject matter of this Agreement that are not contained in this document.
Accordingly, it is agreed that no deviation from the terms hereof shall be
predicated upon any prior representations or agreements whether oral or written.
100181967.12704-0501640)
It is further agreed that no modification, amendment, or alteration in the terms or
conditions contained herein shall be effective unless contained in a written
document executed with the same formality and of equal propriety herewith.
6. This Agreement may be executed in two (2) or more counterparts, each of which
together shall be deemed an original, but all of which together shall constitute one
and the same instrument. In the event that any signature is delivered by facsimile
transmission or by e-mail delivery of a .PDF format data file, such signature shall
create a valid and binding obligation of the party executing (or on whose behalf
such signature is executed) with the same force and effect as if such facsimile or
.PDF signature page were an original thereof.
7. If any provision of this Agreement or application thereof to any person or
situation shall to any extent, be held invalid or unenforceable, the remainder of
this Agreement, and the application of such provisions to persons or situations
other than those as to which it shall have been held invalid or unenforceable shall
not be affected thereby, and shall continue in full force and effect, and be
enforced to the fullest extent permitted by law.
COLLEGE represents and agrees that it is familiar with all laws, ordinances, and
regulations applicable to the supplies, products, equipment, software or services
to be furnished under the Agreement. Venue for any action arising from or
related to the Agreement shall be brought in a court of competent jurisdiction in
Broward County, Florida.
9. Failure of the CITY to insist upon strict performance of any provision or
condition of this Agreement, or to execute any right therein contained, shall not
be construed as a waiver or relinquishment for the future of any such provision,
condition, or right, but the same shall remain in full force and effect.
10. NOTICE. Whenever any party desires to give notice unto any other party, it must
be given by written notice, sent by certified United States mail, with return receipt
requested, addressed to the Party for whom it is intended and the remaining party,
at the places last specified, and the places for giving of notice shall remain such
until they shall have been changed by written notice in compliance with the
provisions of this section. For the present, the CITY and the COLLEGE
designate the following as the respective places for giving of notice:
To CITY COLLEGE: R. Esther Fike Curry, President
City College
2000 W. Commercial Blvd
Fort Lauderdale, FL 33309
CITY: Michael C. Cernech, City Manager
City of Tamarac
7525 NW 88 Ave
Tamarac, FL 33321
{00181967.12704-0501640}
With a copy to: Steve Stillwell, Division Chief, Professional
Standards
Tamarac Fire Rescue
6000 Hiatus Road
Tamarac, FL 33321
Samuel S. Goren, City Attorney
Goren, Cherof, Doody & Ezrol, P.A.
3099 E. Commercial Blvd., Suite 200
Ft. Lauderdale, FL 33308
IN WITNESS WHEREOF, the parties have hereunto executed this Agreement on
the dates indicated, the latter of which shall be controlling.
CITY COLLEGE, FLORIDA
BY: _ (� /1.
(Name/Title)
DATE: // /% 7
STATE OF FLORIDA
COUNTY OF BROWARD
BEFORE ME, the undersigned authority, personally appeared �(J
who being first duly sworn deposes and says on oath that he/she has read the foregoing
Agreement, subscribed to by him/her, and that the matters therein contained are true and
correct to the best of his/her knowledge and beligl
SWORN TO AND SUBSCRIBED before me
Personally known or produced Identification
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