HomeMy WebLinkAboutCity of Tamarac Resolution R-2012-049Temp. Reso #12182
Page 1
April 3, 2012
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R 2012
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE AND THE APPROPRIATE
CITY OFFICIALS TO APPROVE AND TO EXECUTE AN
AUTOMATIC AND MUTUAL AID AGREEMENT BETWEEN
THE CITY OF TAMARAC AND THE CITY OF
LAUDERHILL; ALLOWING FOR THE PROVISION OF
COOPERATIVE EMERGENCY MEDICAL AND FIRE
PROTECTION SERVICES; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac desires to improve the
level of fire and emergency medical services provided to our community; and
WHEREAS, a cooperative agreement with adjacent communities would improve
emergency medical and fire services to each community; and
WHEREAS, similar levels of emergency medical and fire services are provided
by Tamarac and Lauderhill; and
WHEREAS, operational coordination of certain fire protection and emergency
medical services would provide improved protection within each service area; and
WHEREAS, in conjunction with the Automatic and Mutual Aid Agreement hereto
as Exhibit 1; its attachments outline the geographic territories, hereto as Exhibits A and
B, and a Business Associate Addendum between the City of Tamarac and the City of
Lauderhill hereto as Exhibit C; and
Temp. Reso #12182
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April 3, 2012
WHEREAS, The City Manager and the Fire Chief recommend the approval and
execution of the Automatic and Mutual Aid Agreement between the City of Tamarac and
Lauderhill; 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 participate in
an Automatic and Mutual Aid Agreement with Lauderhill to provide for cooperative fire
and emergency medical services.
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 incorporated herein and made a specific
part of this Resolution. All Exhibits attached hereto are expressly incorporated herein
and made a part hereof.
Section 2: The appropriate City Officials are hereby authorized to approve
the Automatic and Mutual Aid Agreement between the City of Tamarac and the City of
Lauderhill, providing for cooperative automatic fire and emergency medical services.
Section 3: The appropriate City Officials are hereby authorized to execute
the Automatic and Mutual Aid Agreement between the City of Tamarac and the City of
Lauderhill, providing for cooperative automatic fire and emergency medical services.
Section 4: All Resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
Section 5: 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 in application, it shall not affect the validity of the remaining portion or
applications of this Resolution.
Temp. Reso #12182
Page 3
April 3, 2012
Section 6: This Resolution shall become effective immediately upon its
passage and adoption.
PROVED this ` /—d a of '1:1k' � , 2012.
�ASSE�, A���TE� ANC A�y
ATTEST.
PETER M. J. RICOARDSON, CRM, CMC
CITY CLERK.
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM.
401m
SAMUEL S ,. bORI
CITY ATTORNEY
BETH TALABISCO
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR TALABISCO �
DIST 1: COMM. BUSHNEW,-
DIST 2: COMM. GOMEZ
DIST 3: V/M GLASSER
DIST 4: COMM. DRESSLEFr [illy
Temp. Reso# 12182
April 3, 2012
Exhibit A
INTERLOCAL AGREEMENT BETWEEN THE CITY OF TAMARAC AND THE CITY OF
LAUDERHILL PROVIDING FOR AUTOMATIC AND MUTUAL AID OF FIRE RESCUE
SERVICES WITH THE CITY OF TAMARAC.
GEOGRAPHIC AREAS
TAMARAC: Within the corporate limits of the City of Tamarac, Section 13.01, Article
XIII Corporate City Limits, Part 1 City Charter.
LAUDERHILL: Within the corporate limits of the City of Lauderhill, Section 2.01
Boundaries defined, Article II Corporate Limits, Part 1 City Charter.
These boundaries are graphically displayed on the map attached as Exhibit B.
INTERLOi
LAUDERF
SERVICE;
Temp. Reso#12182
April 3, 2012
EXHIBIT B
SAL AGREEMENT BETWEEN THE CITY OF TAMARAC AND THE CITY OF
TILL PROVIDING FOR AUTOMATIC AND MUTUAL AID OF FIRE RESCUE
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Temp. Reso #12182
April 3, 2012
EXHIBIT C
INTERLOCAL AGREEMENT BETWEEN CITY OF TAMARAC AND THE CITY OF
LAUDERHILL PROVIDING FOR AUTOMATIC AND MUTUAL AID OF FIRE RESCUE
SERVICES WITH THE CITY OF TAMARAC.
BUSINESS ASSOCIATE ADDENDUM
BETWEEN
CITY OF TAMARAC
CITY OF LAUDERHILL
FOR
THE DELIVERY OF AUTOMATIC AND MUTUAL AID FIRE SERVICE
This BUSINESS ASSOCIATE ADDENDUM references the following Agreement by and
between the City of Tamarac, a municipal corporation organized and existing under the laws of
the State of Florida, and the City of Lauderhill, a municipal corporation organized and existing
under the law of the State of Florida (hereinafter each is referred to as "Business Associates").
WHEREAS, the parties entered into an Agreement providing for Business Associates to
provide automatic aid coverage to each other; and
WHEREAS, the operation of such programs is subject to the federal Health Insurance
Portability and Accountability Act of 1996 (HIPAA); and
WHEREAS, the requirements of HIPAA mandate that certain responsibilities of
contractors with access to Protected Health Information as defined under HIPAA must be
documented through a written agreement; and
WHEREAS, the BUSINESS ASSOCIATES desire to comply with the requirements of
HIPAA and acknowledge respective responsibilities; and
WHEREAS, in conjunction with the Automatic and Mutual Aid Agreement, this
BUSINESS ASSOCIATE Addendum is made and entered into by and between the BUSINESS
ASSOCIATES; NOW, THEREFORE,
Page 1 of 4
Temp. Reso #12182
April 3, 2012
The parties enter into this BUSINESS ASSOCIATE Addendum for the consideration set
out below, all of which is deemed to be good and sufficient consideration in order to make this
BUSINESS ASSOCIATE Addendum a binding legal instrument.
Definitions:
All terms used in this Addendum not otherwise defined shall have the meaning as those terms
in 45 CFR § 164 [hereinafter called, the "HIPAA Privacy Rule"].
Obligations and Activities of the Business Associates
BUSINESS ASSOCIATES agree to not use or disclose Protected Health Information other than
as permitted or required by this special agreement or as required by law.
BUSINESS ASSOCIATES agree to use appropriate safeguards to prevent use or disclosure of
the Protected Health Information other than as permitted or required by this Addendum or as
req u i red by law.
BUSINESS ASSOCIATES agree to mitigate, to the extent possible, any harmful effect that is
known to BUSINESS ASSOCIATE of a use or disclosure of Protected Health Information by
BUSINESS ASSOCIATE in violation of the requirements of this Addendum.
BUSINESS ASSOCIATES agree to report to the other party any use or disclosure of the
Protected Health Information not provided for by this Addendum of which it becomes aware.
BUSINESS ASSOCIATES agree to ensure that any agent, including a subcontractor, to whom it
provides Protected Health Information received from the other party or created or received on
behalf of the other party by the BUSINESS ASSOCIATE, agrees to the same restrictions and
conditions that apply through this Addendum to the BUSINESS ASSOCIATE with respect to
such information.
BUSINESS ASSOCIATES agree to provide access to the other party to all Protected Health
Information in Designated Record Sets in a timely manner in order to meet the requirements
under 45 CFR § 164.524.
BUSINESS ASSOCIATES agree to make any amendments to Protected Health Information in a
Designated Record Set as directed or agreed to by the other party pursuant to 45 CFR §
164.526 in a timely manner.
BUSINESS ASSOCIATES agree to make internal practices, books and records, including
policies and procedures and Protected Health Information, relating to the use and disclosure of
Protected Health Information received from the other party or created or received on behalf of
the other party available to the other party or to the Secretary of Health and Human Services or
his designee within five (5) business days for the purposes of determining the BUSINESS
ASSOCIATE'S compliance with the Privacy Rule.
BUSINESS ASSOCIATES agree to document such disclosures of Protected Health Information
and information related to such disclosures as would be required for the other party to respond
to an individual for an accounting of disclosures of Protected Health Information in accordance
with 45 CFR § 164.528.
Page 2of4
Temp. Reso #12182
April 3, 2012
BUSINESS ASSOCIATES agree to provide the other party, or an individual under procedures
approved by the other party, information and documentation collected in accordance with the
preceding paragraph to respond to an individual requesting an accounting for disclosures as
provided under 45 CFR § 164.528.
BUSINESS ASSOCIATES agree that, to the extent feasible, upon expiration or termination of
the Existing Contract for any reason, BUSINESS ASSOCIATE shall return or destroy and retain
no copies of all Protected Health Information received from, or created or received by
BUSINESS ASSOCIATE on behalf of the other party. If return or destruction of such
information is not feasible, BUSINESS ASSOCIATE shall continue to limit the use or disclosure
of such information as set forth in this Agreement as if the Agreement had not been terminated.
This provision should be read in harmony with Section 13.2 of the Existing Contract, entitled
"Retention of Records for Audit and Public Records Purposes," so that records are retained for
whichever retention period is longer. This provision shall survive the expiration or earlier
termination of the Existing Contract(s).
Permitted Uses and Disclosures
Except as otherwise limited in this Addendum, BUSINESS ASSOCIATE may use or disclose
Protected Health Information to perform functions, activities, or services for, or on behalf of, the
other party as specified in the Existing Contract, provided that such use or disclosure would not
violate the Privacy Rule if done by the other party or the minimum necessary policies and
procedures of the other party that are communicated to the BUSINESS ASSOCIATE in writing.
Except as otherwise limited in this Addendum, BUSINESS ASSOCIATE may use Protected
Health Information for the proper management and administration of the BUSINESS
ASSOCIATE or to carry out the legal responsibilities of the BUSINESS ASSOCIATE.
Except as otherwise limited in this Addendum, BUSINESS ASSOCIATE may use Protected
Health Information to provide Data Aggregation services to the other party as permitted by 42
CFR § 164.504 (e)(2)(i)(B).
BUSINESS ASSOCIATE may use Protected Health Information to report violations of law to
appropriate federal and state authorities, consistent with 42 CFR § 164.504 0)(1).
Obligations of Each Party
BUSINESS ASSOCIATE shall notify the other party of any limitations in its notice of privacy
practices in accordance with 45 CFR § 164.520, to the extent that such limitation may affect
BUSINESS ASSOCIATE'S use of Protected Health Information.
BUSINESS ASSOCIATE shall notify the other party of any changes in, or revocation of,
permission by an individual to use or disclose Protected Health Information, to the extent that
such changes may affect BUSINESS ASSOCIATE'S use of Protected Health Information.
BUSINESS ASSOCIATE shall notify the other party of any restriction to the use or disclosure of
Protected Health Information to which the other party has agreed in accordance with 45 CFR §
164.522, to the extent that such changes may affect BUSINESS ASSOCIATE'S use of
Protected Health Information.
Page 3 of 4
Temp. Reso #12182
April 3, 2012
BUSINESS ASSOCIATE shall not request the other party to use or disclose Protected Health
Information in any manner that would not be permissible under the Privacy Rule if done by the
other party.
Amendment. The parties agree to take such action as is necessary to amend this Addendum
from time to time as is necessary for the other party to comply with the requirements of the
Privacy Rule and the Health Insurance Portability and Accountability Act of 1996, Public Law no.
104-191.
Page 4of4
AGREEMENT
BY AND BETWEEN
CITY OF TAMARAC
CITY OF LAUDERHILL
PROVIDING FOR
AUTOMATIC AND MUTUAL AID OF FIRE RESCUE SERVICES
This Agreement is made and entered this . day of Al ;,; , 2012 by and between. -
the CITY OF TAMARAC, a municipal corporation of the State of Florida (hereinafter called
"TAMARAC") and the City of Lauderhill, a municipal corporation of the State of Florida
(hereinafter called "LAUDERHILL").
ARTICLE 1
BACKGROUND; PURPOSE AND INTENT AND DEFINITIONS
1.1 It is the purpose and intent of this agreement for TAMARAC and LAUDERHILL, pursuant
to Section 163.01, Florida Statutes, to cooperate and provide for a means by which each
governmental entity may exercise its respective powers, privileges and authorities which
they share in common and which each might exercise separately in order to further a
common goal.
1.2 The respective elected bodies of TAMARAC and LAUDERHILL find that mutual
cooperation in the delivery of fire rescue services can best be accomplished within a
cooperative, interlocal configuration. To further that cause, both parties willingly enter
into this cooperative Agreement, which extends beyond the concept of mutual aid for fire
and rescue services.
1.3 For the purposes of this Agreement and the various covenants, conditions, terms and
provisions which follow, the definitions set forth below are assumed to be true and
correct and are agreed upon by the parties.
1.3.1 Automatic Aid Coverage: means the temporary assignment of one (1)
Suppression Apparatus staffed with three (3) State Certified Firefighters or One
(1) Rescue staffed with a minimum of two firefighter/paramedics to provide fire
rescue services in a different Primary Response Zone from the Primary
Response Zone in which the apparatus and personnel are normally assigned.
Such temporary assignment will generally be incorporated into the respective
Page 1 of 14
jurisdictions computer -aided dispatch (CAD) system. Automatic aid will be used
for the specific response types defined in Article 2.
1.3.2 Incident Command: means the first arriving unit will assume initial Incident
Command, in accordance with the current Fire Chiefs Association of Broward
County Incident Command Procedure, until arrival of a Primary Jurisdiction
Response Unit, at which time the Primary Jurisdiction Unit may assume Incident
Command at its sole discretion.
1.3.3 Mutual Aid: means at the time of fire, rescue, emergency or disaster, the Primary
Response Zone Units may have firefighting, rescue, emergency or disaster relief
related demands made upon its equipment and/or personnel, greater than the
capacity of the equipment and/or personnel available within its own department,
thereby requiring assistance from another agency. When local resources are
determined to be inadequate to respond to the fire, rescue, emergency or
disaster the Incident Commander will request assistance through Broward
County MARS (Mutual Aid Request System).
1.3.4 Primary Response Zone: means a specific geographic area in which fire and/or
rescue services are provided, which area does not require the relocation of
apparatus and personnel by a single resource. The Primary Response Zones for
each party are outlined in Exhibit A, and depicted in Exhibit "B.".
1.3.5 Responding Party: means the agency which is providing assistance to another
agency which has declared an emergency incident.
1.3.6 Requesting Party: means the agency which is requesting assistance from an
outside agency to assist in mitigating an emergency incident.
1.4 For purposes of this Agreement, the Primary Response Zones to be covered, or response
types responded to by the parties may be amended during the term of this agreement
through mutual agreement in writing by the Fire Chiefs of TAMARAC and LAUDERHILL.
Such changes will be designed to improve response times or otherwise increase the
efficiency of services provided pursuant to this Agreement.
1.5 Both parties agree to review service response demands on a bi-annual basis. The parties
agree that the Fire Chiefs of TAMARAC and LAUDERHILL will define and make adjustments in
response area and / or response types to limit any unnecessary demand on either party.
1.6 Both parties agree that the Fire Chiefs of TAMARAC and LAUDERHILL may agree to
cooperative or mutual training of their agencies.
Page 2 of 14
E
ARTICLE 2
COVERAGE COMMITMENT
2.1 Mutual Aid: Upon request, the parties agree to provide mutual aid coverage to each other
unless otherwise unavailable.
2.1.1 Terms and Procedures:
A A participating agency will answer for mutual aid only to the extent that the
available personnel and equipment are not required for adequate protection
of that agency's jurisdiction. The Chief of the agency, or designee, shall
have the sole authority to determine the amount of personnel and
equipment, if any, available for cooperative assistance.
B A request for mutual aid shall be made by the Chief of the agency, or
designee.
C Whenever the employees of one party to this agreement are rendering aid
to the other party pursuant to the authority contained in this agreement,
such employees shall have the same powers, duties, rights and immunities
as if they were taking action within their employing jurisdiction.
2.2 Automatic Aid: The parties agree to provide automatic aid coverage, as defined in
Section 1.3.1.
2.2.1 Automatic Aid, Response Types. Automatic Aid Coverage, as defined in Section
1.5, shall be activated for emergency incidents.
ARTICLE 3
HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT
TAMARAC and LAUDERHILL shall be responsible for complying with all federal, state
and local laws, rules, regulations, and codes including, but not limited to, the Health
Insurance Portability and Accountability Act ("HIPAX) and its implementing regulations.
TAMARAC and LAUDERHILL shall comply with the provisions stated in the Business
Associates Addendum, which is attached hereto as Exhibit "C."
ARTICLE 4
LIABILITY
4.1 To the extent permitted by law, the parties shall defend any action or proceeding brought
against its respective agency arising in connection with this agreement and shall be
responsible for all its own costs, attorneys' fees, expenses and liabilities for actions or
inactions of its own employees incurred as a result of any such claims, demands, suits,
actions, damages and causes of action, including the investigation or the defense
Page 3 of 14
thereof, and from and against any orders, judgments or decrees which may be entered
as a result thereof. Each party shall indemnify and hold harmless the other party for
claims, demands, suits, actions, damages and causes of action incurred directly or
indirectly as a result of their own employees actions or inactions. Nothing in this section
shall constitute a waiver of either party's sovereign immunity, or the limits of Section
768.28, Fla. Stat.
4.2 Each party is entitled to the privileges and protections of sovereign immunity pursuant to
Section 768.28, Florida Statutes, and subject to the limitations of that provision shall
bear its own responsibility and be liable for any claims, demands, suits, actions,
damages and causes or actions arising out of or occurring during travel to or from its
own emergency or disaster site or to or from an emergency or disaster site covered by
this Agreement, and no indemnification or hold harmless agreement shall be in effect
concerning such claims, demands, suits, actions, damages and causes of action.
4.3 Neither party hereto shall be deemed to have waived its sovereign immunity by entering
into this Agreement, nor shall anything included herein be construed as consent to be
sued by third parties in any matter arising out of this Agreement or any other contract.
4.3.1 For purposes of this Article, any use of the words "individually, separate, and each"" are
intended to refer to each agency's independent responsibilities and shall not be
construed, in any manner, to impose personal liability upon TAMARAC and
LAUDERHILL commissioners, or any other individual.
ARTICLE 5
TERMINATION
5.1 This Agreement may be terminated upon sixty (60) days written notice given by either
party as provided in Section 8.6 herein.
5.2 This Agreement shall be deemed automatically terminated and of no further force and
effect if either Party has filed or consented to the filing of a petition for reorganization or
bankruptcy or is otherwise adjudicated insolvent.
ARTICLE 6
DEFAULT
If either party fails to perform or observe any of the material terms and conditions of this
Agreement for a period of ten (10) days after receipt of written notice of such default
from the other party, the party giving notice of default shall be entitled, at its option, but is
not required, to terminate this Agreement. Failure of any party to exercise its rights in
the event of any breach by the other party shall not constitute a waiver of such rights.
No party shall be deemed to have waived any failure to perform by the other party
unless such waiver is in writing and signed by the waiving party. Such waiver shall be
limited to the terms specifically contained therein. This paragraph shall be without
prejudice to the rights of any party to seek a legal remedy for any breach of the other
party as may be available to it in law or equity.
Page 4 of 14
ARTICLE 7
TERM OF AGREEMENT
7.1 The obligation to perform under this Agreement shall commence as of the date in which
the last party executes this agreement.
7.2 Unless terminated earlier as provided for hereinabove, the term of this Agreement shall
be from the date of commencement as provided for in paragraph 7.1 above. Thereafter,
this Agreement shall be automatically renewed for one-year terms, unless either party
notifies the other in writing, not later than sixty (60) days prior to the expiration of this
Agreement or any renewal term of this Agreement, of its.intent not to renew.
7.3 In the event either Party enters into joint powers, consolidated service area, or interlocal
agreement which includes additional parties that agreement may supersede and provide
for termination of this Agreement.
ARTICLE 8
MISCELLANEOUS
8.1 Joint Participation: The preparation of this Agreement has been a joint effort of the
parties hereto, and the resulting document shall not, solely as a matter of judicial
construction, be construed more severely against one of the parties than the other.
8.2 Entire Agreement and Modification: This Agreement incorporates, supersedes and
includes all prior negotiations, correspondence, conversations, agreements or
understandings applicable to the matter contained herein. No change, alteration or
modification in the terms and conditions contained herein shall be effective unless
contained in a written document signed by TAMARAC and LAUDERHILL.
8.3 Records: Each party shall permit the other party to examine all records pertinent to this
Agreement and grants to the other party, the right to audit any books, documents and
papers related to this Agreement that are generated during the term of this Agreement.
The parties shall maintain the records, books, documents and papers associated with
this Agreement in accordance with the records retention schedules outlined in the
Florida Statutes for said records.
8.4 Agreement Administration: In the administration of this agreement as contrasted with
matters of policy, all parties may rely upon instructions or determinations made by the
Fire Chiefs, or designees, of TAMARAC and LAUDERHILL.
8.5 Recordation/Filing: With the Office of the County Administrator of Broward County,
Florida, as required by Section 163.01(11), Florida Statutes.
8.6 Notices: Whenever either party desires to give notice unto the other, such notice must
be in writing, sent by certified United States mail, return receipt requested, addressed to
the party for whom it is intended at the place last specified; and the place for filing of
Page 5 of 14
notice shall remain such until it shall have been changed by written notice in compliance
with the provisions of this paragraph. For the present, the parties designate the
following at the respective places for giving notice.
FOR THE CITY OF TAMARAC
City Manager
City of Tamarac
7525 NW 88 Avenue
Tamarac, Florida 33321
FOR THE CITY OF LAUDERHILL
City Manager
City of Lauderhill
5581 W. Oakland Park Blvd.
Lauderhill, FL 33313
8.7 Automatic Aid Agreements: Both parties acknowledge that any current automatic aid
agreements with any other agency will continue in full force and effect notwithstanding
execution and implementation of this Agreement.
8.8 Third Party Beneficiaries: Neither Party intends to directly or substantially benefit a third
party by this Agreement. Therefore, there are no third party beneficiaries to this
Agreement, and no third party will be entitled to assert a claim against either party based
upon this Agreement.
8.9 Assignment: Neither this Agreement nor any interest herein shall be assigned,
transferred or encumbered by either party without the written consent of the other party.
8.10 Waiver of Breach and Materiality: Failure by either party to enforce any provision of this
Agreement shall not be deemed a waiver of such provision or modification of this
Agreement. A waiver of any breach of a provision of this Agreement shall not be
deemed a waiver of any subsequent breach and shall not be construed to be a
modification of the terms of this Agreement. Each requirement, duty, and obligation set
forth herein is substantial and important to the formation of this Agreement and,
therefore, is a material term hereof.
8.11 Compliance with Laws: Both parties shall comply with all federal, state, and local laws,
codes, ordinances, rules and regulations in performing their respective duties,
responsibilities, and obligations related to this Agreement.
8.12 Severance: In the event a portion of this Agreement is found by a court of competent
jurisdiction to be invalid, the remaining provisions shall continue to be effective unless
either party elects to terminate this Agreement. The election to terminate this
Agreement based upon this provision shall be made and written notice shall be provided
to the other party within thirty (30) days after the finding by the court becomes final.
8.13 Applicable Law and Venue: This Agreement shall be interpreted and construed in
accordance with and governed by the laws of the State of Florida. Venue for litigation
concerning this Agreement shall be in Broward County, Florida. Both parties hereby
Page 6 of 14
agree to waive a jury trial, and will proceed to a trial by judge, if necessary. Should the
parties be involved in legal action arising under, or connected to, this Agreement, each
party will be responsible for their own attorney's fees and costs.
8.14 Multiple Originals: Multiple copies of this Agreement may be fully executed by all
parties, each of which shall be deemed to be an original.
8.15 C.O.P.C.N.: Both parties shall maintain, throughout the term of this Agreement, an ALS
Rescue Certificate of Public Convenience and Necessity ("COPCN") from Broward
County and an appropriate State of Florida license enabling each to provide advanced
life support services, as well as, basic life support services, to patients upon arrival at
emergency scenes requiring immediate emergency medical care.
8.16 Medical Director: Both parties presently have and shall maintain, throughout the term of
this Agreement and any renewal term, a Medical Director as required by Chapter 401,
Florida Statutes.
[Intentionally Left Blank]
Page 7 of 14
INTERLOCAL AGREEMENT BETWEEN THE CITY OF TAMARAC AND THE CITY OF
LAUDERHILL, PROVIDING FOR AUTOMATIC AND MUTUAL AID OF FIRE RESCUE
SERVICES WITH THE CITY OF TAMARAC.
ATTE
m
N
Peter Rick ardson, CMC
City Clerk
TA
•«d =
� ESTABLISHED'.,
• 1963 '
SEAL
���rreiiireeee
CITY
CITY OF TAMARAC
By:
BETH TALABISCO, MAYOR
day of ,i , 2012
APPROVED AS TO FORM-
M�v A / ')
14/1
Sam el S. Gor n, 6tiAttorney
Page 8 of 14
INTERLOCAL AGREEMENT BETWEEN THE CITY OF TAMARAC AND THE CITY OF
LAUDERHILL, PROVIDING FOR AUTOMATIC AND MUTUAL AID OF FIRE RESCUE
SERVICES WITH THE CITY OF TAMARAC.
ATTEST:
By: -, 6� dy—c-
Andrea Anderson
City Clerk
CITY OF LAUDERALL
a
•. • Yy-vr�2012
APPROVED AS TO FORM:
W. Earl Hall, City Attorney
Page 9 of 14
Exhibit A
INTERLOCAL AGREEMENT BETWEEN THE CITY OF TAMARAC AND THE CITY OF
LAUDERHILL PROVIDING FOR AUTOMATIC AND MUTUAL AID OF FIRE RESCUE
SERVICES WITH THE CITY OF TAMARAC.
GEOGRAPHIC AREAS
TAMARAC: Within the corporate limits of the City of Tamarac, Section 13.01, Article
XIII Corporate City Limits, Part 1 City Charter.
LAUDERHILL: Within the corporate limits of the City of Lauderhill, Section 2.01
Boundaries defined, Article II Corporate Limits, Part 1 City Charter.
These boundaries are graphically displayed on the map attached as Exhibit B.
Page 10 of 14
INTERLOCAL
LAUDERHILL
SERVICES.
EXHIBIT B
AGREEMENT BETWEEN THE CITY OF TAMARAC AND THE CITY OF
PROVIDING FOR AUTOMATIC AND MUTUAL AID OF FIRE RESCUE
EXHIBIT C
INTERLOCAL AGREEMENT BETWEEN CITY OF TAMARAC AND THE CITY OF
LAUDERHILL PROVIDING FOR AUTOMATIC AND MUTUAL AID OF FIRE RESCUE
SERVICES WITH THE CITY OF TAMARAC.
Page 11 of 14
BUSINESS ASSOCIATE ADDENDUM
BETWEEN
CITY OF TAMARAC
CITY OF LAUDERHILL
FOR
THE DELIVERY OF AUTOMATIC AND MUTUAL AID FIRE SERVICE
This BUSINESS ASSOCIATE ADDENDUM references the following Agreement by and
between the City of Tamarac, a municipal corporation organized and existing under the laws of
the State of Florida, and the City of Lauderhill, a municipal corporation organized and existing
under the law of the State of Florida (hereinafter each is referred to as "Business Associates").
WHEREAS, the parties entered into an Agreement providing for Business Associates to
provide automatic aid coverage to each other; and
WHEREAS, the operation of such programs is subject to the federal Health Insurance
Portability and Accountability Act of 1996 (HIPAA); and
WHEREAS, the requirements of HIPAA mandate that certain responsibilities of
contractors with access to Protected Health Information as defined under HIPAA must be
documented through a written agreement; and
WHEREAS, the BUSINESS ASSOCIATES desire to comply with the requirements of
HIPAA and acknowledge respective responsibilities; and
WHEREAS, in conjunction with the Automatic and Mutual Aid Agreement, this
BUSINESS ASSOCIATE Addendum is made and entered into by and between the BUSINESS
ASSOCIATES; NOW, THEREFORE,
The parties enter into this BUSINESS ASSOCIATE Addendum for the consideration set
out below, all of which is deemed to be good and sufficient consideration in order to make this
BUSINESS ASSOCIATE Addendum a binding legal instrument.
Definitions:
All terms used in this Addendum not otherwise defined shall have the meaning as those terms
in 45 CFR § 164 [hereinafter called, the "HIPAA Privacy Rule"].
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Obligations and Activities of the Business Associates
BUSINESS ASSOCIATES agree to not use or disclose Protected Health Information other than
as permitted or required by this special agreement or as required by law.
BUSINESS ASSOCIATES agree to use appropriate safeguards to prevent use or disclosure of
the Protected Health Information other than as permitted or required by this Addendum or as
required by law.
BUSINESS ASSOCIATES agree to mitigate, to the extent possible, any harmful effect that is
known to BUSINESS ASSOCIATE of a use or disclosure of Protected Health Information by
BUSINESS ASSOCIATE in violation of the requirements of this Addendum.
BUSINESS ASSOCIATES agree to report to the other party any use or disclosure of the
Protected Health Information not provided for by this Addendum of which it becomes aware.
BUSINESS ASSOCIATES agree to ensure that any agent, including a subcontractor, to whom it
provides Protected Health Information received from the other party or created or received on
behalf of the other party by the BUSINESS ASSOCIATE, agrees to the same restrictions and
conditions that apply through this Addendum to the BUSINESS ASSOCIATE with respect to
such information.
BUSINESS ASSOCIATES agree to provide access to the other party to all Protected Health
Information in Designated Record Sets in a timely manner in order to meet the requirements
under 45 CFR § 164.524.
BUSINESS ASSOCIATES agree to make any amendments to Protected Health Information in a
Designated Record Set as directed or agreed to by the other party pursuant to 45 CFR §
164.526 in a timely manner.
BUSINESS ASSOCIATES agree to make internal practices, books and records, including
policies and procedures and Protected Health Information, relating to the use and disclosure of
Protected Health Information received from the other party or created or received on behalf of
the other party available to the other party or to the Secretary of Health and Human Services or
his designee within five (5) business days for the purposes of determining the BUSINESS
ASSOCIATE'S compliance with the Privacy Rule.
BUSINESS ASSOCIATES agree to document such disclosures of Protected Health Information
and information related to such disclosures as would be required for the other party to respond
to an individual for an accounting of disclosures of Protected Health Information in accordance
with 45 CFR § 164.528.
BUSINESS ASSOCIATES agree to provide the other party, or an individual under procedures
approved by the other party, information and documentation collected in accordance with the
preceding paragraph to respond to an individual requesting an accounting for disclosures as
provided under 45 CFR § 164.528.
BUSINESS ASSOCIATES agree that, to the extent feasible, upon expiration or termination of
the Existing Contract for any reason, BUSINESS ASSOCIATE shall return or destroy and retain
no copies of all Protected Health Information received from, or created or received by
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BUSINESS ASSOCIATE on behalf of the other party. If return or destruction of such
information is not feasible, BUSINESS ASSOCIATE shall continue to limit the use or disclosure
of such information as set forth in this Agreement as if the Agreement had not been terminated.
This provision should be read in harmony with Section 13.2 of the Existing Contract, entitled
"Retention of Records for Audit and Public Records Purposes," so that records are retained for
whichever retention period is longer. This provision shall survive the expiration or earlier
termination of the Existing Contract(s).
Permitted Uses and Disclosures
Except as otherwise limited in this Addendum, BUSINESS ASSOCIATE may use or disclose
Protected Health Information to perform functions, activities, or services for, or on behalf of, the
other party as specified in the Existing Contract, provided that such use or disclosure would not
violate the Privacy Rule if done by the other party or the minimum necessary policies and
procedures of the other party that are communicated to the BUSINESS ASSOCIATE in writing.
Except as otherwise limited in this Addendum, BUSINESS ASSOCIATE may use Protected
Health Information for the proper management and administration of the BUSINESS
ASSOCIATE or to carry out the legal responsibilities of the BUSINESS ASSOCIATE.
Except as otherwise limited in this Addendum, BUSINESS ASSOCIATE may use Protected
Health Information to provide Data Aggregation services to the other party as permitted by 42
CFR § 164.504 (e)(2)(i)(B).
BUSINESS ASSOCIATE may use Protected Health Information to report violations of law to
appropriate federal and state authorities, consistent with 42 CFR § 164.504 0)(1).
Obligations of Each Party
BUSINESS ASSOCIATE shall notify the other party of any limitations in its notice of privacy
practices in accordance with 45 CFR § 164.520, to the extent that such limitation may affect
BUSINESS ASSOCIATE'S use of Protected Health Information.
BUSINESS ASSOCIATE shall notify the other party of any changes in, or revocation of,
permission by an individual to use or disclose Protected Health Information, to the extent that
such changes may affect BUSINESS ASSOCIATE'S use of Protected Health Information.
BUSINESS ASSOCIATE shall notify the other party of any restriction to the use or disclosure of
Protected Health Information to which the other party has agreed in accordance with 45 CFR §
164.522, to the extent that such changes may affect BUSINESS ASSOCIATE'S use of
Protected Health Information.
BUSINESS ASSOCIATE shall not request the other party to use or disclose Protected Health
Information in any manner that would not be permissible under the Privacy Rule if done by the
other party.
Amendment. The parties agree to take such action as is necessary to amend this Addendum
from time to time as is necessary for the other party to comply with the requirements of the
Privacy Rule and the Health Insurance Portability and Accountability Act of 1996, Public Law no.
104-191.
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