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HomeMy WebLinkAboutCity of Tamarac Resolution R-2009-137Temp. Reso. # 11702 September 29, 2009 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. 2009- 197 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA APPROVING THE AGREEMENTS AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE MEMORANDA OF AGREEMENT BETWEEN THE CITY AND THE BROWARD COUNTY HEALTH DEPARTMENT AND THE STATE OF FLORIDA DEPARTMENT OF HEALTH PROVIDING FOR THE H1 N1 VACCINATION PROGRAM; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Health and Human Services Secretary Michael O. Leavitt issued a Declaration for the Use of the Public Readiness and Emergency Preparedness Act (PREP ACT) dated January 26, 2007, and amended on November 30, 2007 and October 17, 2008, with respect to certain avian influenza viruses; and WHEREAS, on April 26, 2009 Acting HHS Secretary Charles Johnson determined that a nationwide Public Health Emergency existed with potential to national security; and WHEREAS, following her confirmation by the senate as Secretary of HHS, on July 24, 2009 Secretary Kathleen Sebelius renewed the Public Health Emergency declaration of April 26, 2009; and WHEREAS, the Florida Department of Health has developed an H1 N1 Swine Flu Mass Vaccination Campaign; and WHEREAS, City Officials have been working with the Department of Health to develop contingency plans relative to the storage, dispensing and administration of the H1 N1 Flu vaccine; and Temp. Reso. # 11702 September 29, 2009 Page 2 WHEREAS, the City Manager recommends that authority be delegated to the appropriate City Officials to execute those agreements required by the Florida Department of Health and the Broward County Health Department providing for City participation in the H1N1 Campaign attached hereto as Exhibit 1, Exhibit 2 and Exhibit 3; and WHEREAS, the City Commission finds it to be in the best interest of the citizens and residents of the City of Tamarac to authorize the appropriate City Officials to execute the prerequisite agreements between the City and the Florida Department of Health and the Broward County Health Department. 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 incorporated herein and made a specific part of this resolution. SECTION 2: The City Commission of the City of Tamarac hereby approves the agreements and further authorizes the appropriate City Officials to execute the agreements between the City of Tamarac and the Florida Department of Health and the Broward County Health Department attached hereto as Exhibit 1, Exhibit 2, and Exhibit 3. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 1 1 E Temp. Reso. # 11702 September 29, 2009 Page 3 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. SECTION 5: This resolution shall become effective upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day of AIAW , 2009. ATTEST: MARION SWEN ON, CM CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. EC S. GOREN 'ATTORNEY B H FLANS MUM- ALABISCO MAYOR RECORD OF COMMISSION MAYOR FLANSBAUM-TALABISCO DIST 1: COMM BUSHNELL OZ DIST 2: VM ATKINS-GRAD DIST 3: COMM, GLASSER DIST 4: COMM. DRESSLER 41e MEMORANDUM OF AGREEMENT FOR ENTITIES OPERATING PUBLIC POINTS OF DISPENSING (PODS) J THIS MEMORANDUM OF AGREEMENT made this day of October, 2009 by and between the State of Florida, Department of Health, Broward County Health Department (BCHD) and the City of Tamarac (ENTITY). WHEREAS, Health and Human Services (HHS) Secretary Michael O. Leavitt issued a Declaration for the Use of the Public Readiness and Emergency Preparedness Act (PREP ACT) dated January 26, 2007 and amended on November 30, 2007 and October 17, 2008 with respect to certain avian influenza viruses; and, WHEREAS, on April 26, 2009, Acting HHS Secretary Charles Johnson determined that a nationwide Public Health Emergency existed with potential to national security; and, WHEREAS, on June 11, 2009 the WHO Director, General Dr. Margaret Chan, issued a statement raising the level of pandemic influenza alert to Phase 6, beginning the 2009 Influenza Pandemic; and, WHEREAS, on June 19, 2009 the Secretary issued a PREP Act declaration identifying the pharmaceutical Tamiflu and Relenza as "covered countermeasures" to address the threat of or actual human influenza that results from the infection of humans with highly pathogenic avian influenza A viruses including the swine H 1 N 1 virus; and, WHEREAS, on June 25, 2009 the HHS Secretary issued a PREP Act declaration similarly identifying the 2009 HIN1 vaccines as a "covered countermeasure" for that same purpose; and, WHEREAS, on July 14, 2009 the Food and Drug Administration issued an Emergency Use Authorization letter expanding uses of Tamiflu for treatment and prophylaxis of influenza; and, WHEREAS, following her confirmation by the Senate as Secretary of HHS, on July 24, 2009 Secretary Kathleen Sebelius renewed the Public Health Emergency declaration of April 26, 2009, NOW, THEREFORE, in consideration of the mutual covenants herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: I. RECITALS The Parties mutually agree that the foregoing Whereas clauses are true and correct and are incorporated by reference. II. PURPOSE To provide the "covered countermeasure" 2009 H1N1 vaccines to Broward County residents and visitors. This Memorandum of Agreement establishes the terms, conditions and responsibilities of the parties for the administration of the vaccine, which vaccine will be delivered into Florida by the federal government and its agents. III. LEGAL AUTHORITY a. Sections 381.0011(5), (11), Florida Statutes, Duties and Powers of the Department of Health b. Section 381.003(1)(d),(1)(e), Florida Statutes, Communicable Diseases and AIDS Prevention and Control IV. DEFINITIONS a. Administration or Administer — the obtaining and giving of single doses of vaccine by a legally authorized person to a patient. Sec. 465.003(1), Florida Statutes. b. CDC — Centers for Disease Control c. Florida SHOTS — the centralized online immunization registry described at Sec. 381.003(1)(e), Florida Statutes and Rule 64E-3.046(6)-(8), Florida Administrative Code. d. PPE — Personal Protective Equipment e. Vaccine — the 2009 influenza A (HIND monovalent vaccine distributed for the US Department of Health and Human Services and the CDC. f. POD- Point of Dispensing V. INTENDED BENEFICIARIES. NO PRIVATE RIGHT CREATED. This Memorandum of Agreement is binding on the parties, their heirs -at -law, and their assigns and successors in interest as evidenced by their signatures and lawful executions below, and does not create or confer any right or benefit on any other person or party, private or public. Nothing in this Memorandum of Agreement is intended to restrict the authority of either signatory to act as provided by law or regulation, or to restrict any agency from enforcing any laws within its authority or jurisdiction. VI. BCHD RESPONSIBILITIES a. Shall provide Public Health experts to ENTITY, as needed, to resolve technical questions either by telephone or onsite as applicable. b. Shall assist ENTITY, as BCHD deems appropriate, with H1N1 flu vaccination sites and activities related to the administration of the vaccine. c. Shall provide ENTITY with the Influenza A (H1N1) 2009 monovalent vaccine, necessary vaccination supplies and PPE as recommended by the CDC. Should options be offered by the CDC, the BCHD shall in its sole discretion select the appropriate option. d. Shall schedule vaccination sites and advertise their locations and times of operation. Nothing precludes the ENTITY from advertising locations and times of operation provided; however, the ENTITY locations and hours of operation are not changed without first providing three days advance written notice to Broward County Health Department. e. Shall provide ENTITY with medical, nursing, and support staff as BCHD deems appropriate to work with assigned ENTITY volunteers at the identified sites. f. Shall provide training to ENTITY POD staff as required. g. Shall determine, in its sole discretion, the number of vaccination stations required at the PODs based upon the availability of BCHD staff, ENTITY staff and volunteers, all of whom must be qualified and appropriately licensed. h. Shall provide the ENTITY the storage and handling requirements set forth by the federal government and/or the manufacturer including compliance with cold chain requirements. VII. ENTITY RESPONSIBILITIES a. Acknowledges that it is acting independently as a health care entity and has executed the 2009 Influenza A (HIN1) Monovalent Vaccine -Vaccine Provider Agreement (Provider Agreement) and the Memorandum of Agreement for Immunization by Paramedics (MOA/Paramedic), copies of which are attached hereto and incorporated herein as if set forth in full. b. Shall provide air conditioned structures that can serve no less than 10 vaccination stations (or other mutually agreed upon number of stations) which shall be referred to as Points of Dispensing (PODS) and shall be compliant with CDC standards. c. Shall provide an administrative area within the POD to process both incoming and outgoing recipients of the vaccine. d. Shall provide secured air conditioned storage and/or an electrical supply source sufficient to operate refrigeration units to store the vaccine, and necessary vaccination supplies, consistent with the storage and handling requirements set forth by the federal government and/or the manufacturer including compliance with cold chain requirements at or within the POD site. e. Shall not deny services to any person regardless of their place of residence. f. Shall not charge recipients, health insurance plans, or other third party payers for the vaccine, the syringes or the needles as these are provided at no cost. g. Shall not sell or use outside the direction of the BCHD the HIN1 vaccine, syringes or needles. h. Shall provide clerical and administrative support staff to assist BCHD staff with the proper documentation of the immunization during the hours of operation of the ENTITY POD. i. Shall provide a sufficient number of law enforcement officers, security staff, and other necessary personnel to assure the orderly processing of people seeking the vaccine prior to the opening the POD and during and subsequent to the closing of the POD as deemed appropriate by the ENTITY. j. Shall provide electric service sufficient to operate vaccination stations for each site within ENTITY's jurisdiction. k. Shall provide an EMS unit assigned to the POD during the hours of operation. VIII. FEDERAL IMMUNITY The PREP Act sets forth the immunity for "covered persons" from tort claims related to, in this case, "covered countermeasure" for the Swine HIN1 Virus. For the purposes of this Agreement, ENTITY is a covered person; a "Program Planner of countermeasure (i.e., individuals and entities involved in planning and administering programs for distribution of a countermeasure)..." appears in CDC Public Readiness and Emergency Preparedness Act Questions and Answers, 42 USC §247d-6d(i)(7)-(7)(A)(ii). As a covered person, ENTITY shall be immune from suit and liability under Federal and State law with respect to all claims for loss caused by, arising out of, relating to, or resulting from the administration to or the use by an individual of a covered countermeasure...". 42 U.S.C. § 247d-6d(a)(1). IX. INDEMNIFICATION Each party who is a state agency or subdivision, as defined in Section 768.28, Florida Statutes, agrees to be fully responsible only to the extent provided by Section 768.28, Florida Statutes, for its sole negligent acts or omissions or tortuous acts of its own employees, agents or principals which result in claims or suits against the other party (parties), and agrees to be liable for any damages proximately caused by said acts or omissions or torts. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of this MOA. No state agency or subdivision indemnifies any other party or person beyond the extent permitted under the law, no matter what the circumstances. X. INSURANCE Each Party, to the extent applicable, shall maintain at its sole expense ordinary property and liability insurance. XI. WAIVER No failure of any party to enforce any term hereof shall be deemed to be a waiver. XII. DISPUTE RESOLUTION Any dispute arising from this MOA is to be resolved according to Florida law. Such disputes may be resolved only in the courts of the Seventeenth Judicial Circuit of Florida or the Southern District Federal Court. In any such legal action, venue lies in Broward County, Florida. XIII. TERMINATION AT WILL This Memorandum of Agreement may be terminated by either Party upon no less than five (5) days written notice to the other Party, without cause, unless a lesser time is mutually agreed upon in writing by both Parties. XIV. MODIFICATION Modification of provisions of this Memorandum of Agreement shall only be valid when they have been reduced to writing and duly signed by both parties. XV. TERM The term of this Agreement is for one (1) year from the stated effective date unless extended by mutual agreement of the parties. XVI. STATUS OF PARTIES The Parties expressly intend that as to this Memorandum of Agreement, the Parties shall be independent contractors, have no relationship other than the one created by this Memorandum of Agreement, and shall not receive any benefits other than those expressly provided herein. Further, the Parties expressly intend that no agent, contractor, employee of one party shall be deemed to be an agent, contractor or employee of the other Party. XVII. NOTICE When any of the parties desire to give notice to the other, such notice must be in writing, sent by Certified U.S. Mail, postage prepaid, addressed to the party for whom it is intended at the place last specified or in person with proof of delivery. The place for giving notice shall remain such until it is changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving notice: 4 For BCHD: Paula M. Thagi, MD, MPH Director 780 SW 24rh Street Fort Lauderdale, Florida 33315 For Entity: Jeffrey L. Miller City Manager City of Tamarac 7525 NW 88`h Avenue Tamarac, Florida 33321 XVIII. CONSTRUCTION This Memorandum of Agreement shall be construed as if it were jointly prepared by both parties and there shall be no presumption that any ambiguity in this Agreement shall be taken, interpreted, or construed against either party. XIX. SEVERABILITY If any provision of this MOA is determined by settlement or by judgment of a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall continue in full force and effect notwithstanding. IN WITNESS THEREOF the Parties hereto have caused this 5 page Memorandum of Agreement to be executed by their duly authorized officials. For Broward County Health Department: Paula M. Thagi, MD, MPH Director 780 SW 24tn Street Fort Lauderdale, Florida 33315 /JGJ 114 VV 00 t1vG11uG Tamarac, Florida 33321 2009 Influenza A(H1 N1) Monovalent Vaccine Vaccine Provider Agreement This Agreement made this _ day of October, 2009 by and between the State of Florida, Department of Health, Broward County Health Department (BCHD) and the City of Tamarac (hereinafter "Applicant or Immunization Provider") L. Scott Ulin, MD Florida License: ME0040245 H1N1 Immunization Provider Names and applicable medical/nursing licensure numbers of City of Tamarac Facility Name 7525 NW 88th Ave, Tamarac, FL 33321 Address of primary facility Tamarac Fire Rescue, 6000 Hiatus Rd, Tamarac, FL 33321 Address for receipt of vaccine Your participation in the 2009 Influenza A(H1N1) monovalent vaccine vaccination effort is greatly appreciated as a vital service that will protect individuals and the public against 2009 H1 N1 influenza. The 2009 Influenza A(H1N1) monovalent vaccine has been purchased by the federal government as a means of protecting the public against 2009 H1 N1 influenza. It is being made available to immunization providers working in partnership with state and local public health departments to vaccinate individuals for whom the vaccine is recommended. This Provider Agreement specifies the conditions of participation in the 2009 Influenza A(H1N1) monovalent vaccine vaccination effort in the U.S. and must be signed and submitted to the immunization program prior to receipt of the vaccine. In consideration of the mutual covenants herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: The BCHD agrees to: 1. Provide the 2009 Influenza A(H1N1) monovalent vaccine distributed for the U.S. Department of Health and Human Services and the Centers for Disease Control to Immunization Provider. The Immunization Provider agrees to: 1. Administer the 2009 Influenza A(H1N1) monovalent vaccine according to the recommendations of CDC's Advisory Committee on Immunization Practices as adopted by the Centers for Disease Control and Prevention. 2. Store and handle the vaccine in accordance with the package insert provided with the vaccine including in compliance with cold chain requirements. 3. Provide a current Vaccine Information Statement to each individual before vaccination, and answer questions about the benefits and risks of vaccination, including different indications for live versus inactivated vaccines. 4. Record in the patient's medical record or in an office log the date of administration, the site of administration, the vaccine type and lot number, and the name of the immunization provider for each individual vaccinated. The record must be kept for a minimum of three years following vaccination. 5. Report moderate and severe adverse events following vaccination to the Vaccine Adverse Event Reporting System (1-800-822-7967, http://vaers.hhs.gov/contact.htm ). In addition, the Provider: 6. Can not charge patients, health insurance plans, or other third party payers for the vaccine, the syringes or the needles as these are provided at no cost to the provider. The provider/facility is also prohibited from selling H 1 N 1 vaccine, syringes or needles. 7. May charge a fee for the administration of the vaccine to the patient, their health insurance plan, or other third party payer. The administration fee cannot exceed the regional Medicare vaccine administration fee. If the administration fee is billed to Medicaid, the amount billed cannot exceed the state Medicaid administration fee. 8. May either administer the 2009 Influenza A (H1 N1) monovalent vaccine for free to individuals who cannot afford the administration fee, or refer these individuals to a public health department clinic or affiliated public health provider for vaccination. 9. Must report the number of doses of 2009 Influenza A (H1 N1) monovalent vaccine administered to individuals as requested by the state or local public health department. 10. Must report to the state health department the number of doses of vaccine that were not able to be used because the vaccine expiration date was exceeded or the vaccine was wasted for other reasons. These doses must be disposed of in accordance with Rule 64E-16, F.A.C. (Biomedical Waste). 11. Are strongly encouraged to provide an immunization record card to the vaccine recipient or parent/guardian to provide a record of vaccination, to serve as an information source if a Vaccine Adverse Event Reporting System report is needed, and to serve as a reminder of the need for a second dose of vaccine (if necessary). Immunization cards will be included in each shipment of vaccine. 12. U.S. Code - Public Readiness and Emergency Preparedness Act 42 USC Sec. 247d — 6d 42 USC Sec. 247d — 6e Note: The PREP Act immunizes "covered persons" from a wide list of tort claims (does not create a long list of immunized persons). The immunity is immunity from suit — much stronger than the sovereign immunity under Florida Statutes. The definition of a "covered person" is broad. Covered persons include the federal government, manufacturers, distributors, program planners, entities such as hospitals, and people such as physicians qualified to administer the countermeasure. 42 U.S.C. § 247d-6d(i)(7)-(7)(A)(ii). Therefore, physicians, nurses and anyone else who administers the vaccine at the direction of a physician are "covered persons" for purposes of federal PREP Act immunity. "[The] covered person shall be immune from suit and liability under Federal and State law with respect to all claims for loss caused by, arising out of, relating to, or resulting from the administration to or the use by an individual of a covered countermeasure. . . .". 42 U.S.C. § 247d- 6d(a)(1). IN WITNESS THEREOF the Parties hereto have caused this Agreement to be executed by their duly authorized representatives. For Broward County Health Department: For Immunization Provider: Paula M. Thagi, MD, MPH Director 780 SW 24th Street Fort Lauderdale, Florida 33315 � Je r I-iller City Manager City of Tamarac 7525 NW 88th Avenue Tamarac, Florida 33321 2 L.Scott Ulin, MD EMS Medical Director Tamarac Fire Rescue 6000 Hiatus Rd Tamarac, FL 33321 MEMORANDUM OF AGREEMENT FOR IMMUNIZATION BY PARAMEDICS MEMORANDUM OF AGREEMENT BETWEEN BROWARD COUNTY HEALTH DEPARTMENT AND CITY OF TAMARAC This Agreement made and entered into by and between the Broward County Health Department (hereinafter referred to as the "BCHD") and the city of Tamarac (hereinafter referred to as the "PROVIDER") is for the administration of vaccines (hereinafter "vaccine"), as approved by the Broward County Health Department to the members of the public. WHEREAS, pursuant to Section 401.272, Florida Statutes, paramedics may administer immunizations in a nonemergency environment, within the scope of their training, and under the direction of a medical director; WHEREAS, the PROVIDER employs or contracts with a physician qualified pursuant to rule 64J - 1.004, Florida Administrative Code, to be its Medical Director; and WHEREAS, the Medical Director verifies and documents that paramedics have sufficient training and experience to administer vaccinations. WHEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, and covenants hereinafter set forth, the parties agree as follows: ARTICLE I BCHD RESPONSIBILITIES (1) Advise the PROVIDER of BCHD's protocol for the administration of immunizations. (2) The BCHD Executive Medical Director shall review the PROVIDER's Medical Director's written Operating Procedures regarding all aspects of the handling of vaccines. (3) Provide copies of all forms, immunization records, and other materials necessary in order for the PROVIDER to successfully administer the vaccination program consistent with the terms set forth herein and all applicable laws, regulations and policies. (4) Provide information and education regarding vaccine administration, vaccine storage, handling, and appropriate references to all applicable employees. (5) Provide instruction and assistance, upon request, subject to availability of Broward County Health Department staff, to ensure PROVIDER enters all information about the administration of the vaccine into the SHOTS program database. ARTICLE II PROVIDER RESPONSIBILITIES (1) Assure that individuals administering the vaccine are licensed with the Department of Professional Regulation and have no infractions against their license. (2) Maintain an up to date list of all employees who have completed the required training. (3) Ensure that the Medical Director is a Florida licensed Medical Doctor (M.D.) or a Doctor of Osteopathic Medicine (D.O.). The Medical Director's name is: L. Scott Ulin, MD and his/her license number is: State of Florida ME0040245. (4) The Medical Director shall create, authorize and ensure adherence to detailed written Operating Procedures regarding all aspects of the handling of vaccines. (5) The Medical Director shall verify that each paramedic authorized to administer immunizations has completed training consistent with that of other staff giving immunizations in the BCHD as required by the BCHD Medical Director on a BCHD form, a copy of which is attached as Exhibit A and titled "Authorization, Agreement and Certification of Training". Completed forms must be maintained at PROVIDER'S location and made available to BCHD on request. (6) Store and handle the vaccine in accordance with the package insert provided with the vaccine in compliance with cold chain requirements. (7) Provide a current Vaccine Information Statement to each individual before vaccination, and answer questions about the benefits and risks of vaccination, including different indications for live versus inactivated vaccines. (8) Cooperate with the BCHD to ensure proper recording in any required database. Data shall include the name of the patient and completion of all other relevant data fields. (9) Report moderate and severe adverse events following vaccination to the Vaccine Adverse Event Reporting System (1-800-822-7967, http://vaers.hhs.gov/contact.htm). (10) PROVIDER must report to Ethel Edwards, Assistant Nursing Director, Immunizations, at (954) 467-4947 or ethel_edwards@doh. state. fl.us the number of doses of vaccine that were not able to be used because the vaccine expiration date was exceeded or the vaccine was wasted for other reasons. These doses must be disposed of in accordance with state regulations for biological waste. (11) PROVIDER agrees to provide an immunization record card to the vaccine recipient or parent/guardian to provide a record of vaccination, to serve as an information source if a Vaccine Adverse Event Reporting System report is needed, and to serve as a reminder of the need for a second dose of vaccine (if necessary). Immunization cards will be included in each shipment of vaccine. (12) PROVIDER shall maintain confidentiality of all data, files, and records, including client records related to the services provided pursuant to this Agreement and shall comply with state and federal laws, including, but not limited to, Sections 384.29, 381.004, 392.65, and 456.057, Florida Statutes. Procedures must be implemented by the PROVIDER to ensure the protection and confidentiality of all confidential matters. These procedures shall be consistent with the Department of Health Information Security and Privacy Policy 2007, which is incorporated herein by reference and the receipt of which is acknowledge by the PROVIDER upon execution of this Agreement. The PROVIDER shall adhere to any amendments to the BCHD's security requirements provided to it during the period of this Agreement. The PROVIDER must also comply with any applicable professional standards of practice with respect to client confidentiality. (13) PROVIDER agrees to assess each client's need for the vaccine by using a screening questionnaire supplied by the BCHD. The screening questionnaire will assist the paramedics to assess each client's health status, allergies, and reactions to previous immunizations. (14) Health Insurance Portability Act of 1996 (HIPAA). a. Where applicable, the parties shall comply with HIPAA as well as all regulations promulgated thereunder (45 CFR Parts 160, 162, and 164.) b. Where applicable, the parties incorporate by reference the operative obligations of the respective parties specified in 45 CFR §§ 164.502(e) and 164.504 (e, f, and g, and subdivisions thereunder applicable) of HIPAA privacy regulations, only insofar as either individual party is a business associate as defined in 45 CFR §160.103 for purposes of this Agreement. This provision for HIPAA business associate obligations shall remain in effect as long as the business associate has possession of protected health information received from the other party. This HIPAA business associate provision survives termination of this Agreement. ARTICLE III INDEMNIFICATION BCHD and PROVIDER each agree to be fully responsible for its own respective acts of negligence, or its employees' and/or agents' acts of negligence when acting within the scope of their employment or agency, and BCHD and PROVIDER each respectively agree to be liable for any damages resulting from its own negligence to the extent and limits permitted by Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any provider to whom sovereign immunity may be applicable. Nothing herein shall be construed as consent by either party to be sued by third parties arising out of any contract. ARTICLE IV RELATIONSHIP Nothing herein shall create to be construed to create an employer -employee, agency, joint venture, or partnership relationship between the parties. ARTICLE V MODIFICATION AND AMENDMENT No modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written documents prepared with the same or similar formality as this Agreement and executed by an authorized representative of both parties. 3 ARTICLE VI ALL TERMS AND CONDITIONS INCLUDED This Agreement contains all the terms and conditions agreed upon by the parties. There are no provisions, terms, conditions, or obligations other than those contained herein, and the Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties. if any term or provision of the Agreement is found to be illegal or unenforceable, the remainder of the Agreement shall remain in full force and effect and such term or provision shall be stricken. ARTICLE VII TERM AND TERMINATION (1) The term of this Agreement shall begin on the date it is fully executed by both parties and shall continue for a period of one (1) year from that date and shall be automatically renewed for a one (1) year consecutive term unless either party requests in writing a change of the termination date of this Agreement. (2) This Agreement may be terminated by either party by submitting notice of such intent in writing to the individuals and addresses identified below at least 30 days in advance. In witness thereof, the parties hereto have caused this 5 page Agreement to be executed by their undersigned officials as duly authorized. BROWARD COUNTY HEALTH DEPARTMENT By: Paula M. Thagi, MD, MPH Director 780 SW 24th Street Fort Lauderdale, Florida 33315 Date: CITY OF TAMARAC By: (. Je L. Uiller City Manager City of Tamarac 7525 NW 88th Avenue Tamarac, Florida 33321 Date:��2� 4 Exhibit A STATE OF FLORIDA DEPARTMENT OF HEALTH BUREAU OF EMERGENCY MEDICAL SERVICES CERTIFICATION OF TRAINING as medical director of a Florida licensed EMS provider, hereby verify that the following paramedics have been trained to administer immunizations in accordance with the requirements of Section 401.272(2)(b), Florida Statutes and 64J-1.004(5) Florida Administrative Code: Name 1 2. 3. 4. 5. 6. 7. Signature. Florida Medical License number STATE OF FLORIDA COUNTY OF Certification Number Sworn to (or affirmed) and subscribed before me this day of , 20 , by . Personally Known OR Produced Identification (Seal) My Commission Expires Type of Identification. Signature of Notary DH 1256, 12/08