R08-087
(I I
1 RESOLUTION NO. Ros-097
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING AND APPROVING
5 EXECUTION OF A MEMORANDUM OF AGREEMENT
6 BETWEEN THE CITY OF BOYNTON BEACH AND THE
7 PALM BEACH COUNTY HEALTH DEPARTMENT TO
8 PROVIDE INFLUENZA AND PNEUMOCOCCAL
9 V ACCINA TIONS FOR A SPECIFIC TARGETED GROUP OF
10 BOYNTON BEACH SENIOR CITIZENS; AND PROVIDING
11 AN EFFECTIVE DATE.
12
13 WHEREAS, recognizing the significant number oflo-income, largely minority senior
14 population who may not have access to these types of immunizations, the Fire Rescue
15 Department would like to continue its efforts to provide Senior Citizens with influenza and
16 pneumococcal vaccinations; and
17 WHEREAS, the attached Agreement will begin on the date it is signed by both parties
18 and shall end on March 1, 2013; and
19 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the
20 best interests of the citizens of the City of Boynton Beach to enter into a Memorandum of
21 Agreement between the City of Boynton Beach and the Palm Beach County Health Department
22 which will allow our Fire Rescue Department to provide Senior Citizens with influenza and
23 ipneumococcal vaccinations.
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
25 I
ITHE CITY OF BOYNTON BEACH, FLORIDA, THAT:
26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being
i
I
27 ~rue and correct and are hereby made a specific part of this Resolution upon adoption hereof.
28 \ Section 2. The City Commission of the City of Boynton Beach hereby authorizes
29 nd directs the City Manager and City Clerk to execute the Memorandum of Agreement with
\CAIRESOlAgreements\Vaccinations for Seniors OB190B.doc
I
II ,
1 the Palm Beach County Health Department which will allow our Fire Rescue Department to
2 continue to provide senior citizens with influenza and pneumococcal vaccinations. A copy of
3 the Agreement is attached hereto as Exhibit "A".
4 Section 3. This Resolution shall become effective immediately upon passage.
5 PASSED AND ADOPTED this ~ day of August, 2008.
6
7
8
9
10
11 '../
12
13
14
15
16
17
18
19 /S~m~iss ll')T WOO2
20
21 . 7~~~W4e-A~
22 Commissioner - Marlene Ross
23
24
25
26
27 TTEST:
28
29
30
31 ~)L'~~t
32
33
34
35
36
37
38
Rog... OF7
MEMORANDUM OF AGREEMENT
ADUL T IMMUNIZATION SERVICES
This Memorandum of Agreement ("Agreement") is entered into between the State of Florida,
Department of Health, Palm Beach County Health Department, hereinafter referred to as the
"Department," and the City of Boynton Beach, hereinafter referred to as the "City."
THE PARTIES AGREE:
I. The Department Agrees:
A. To provide training for the Adult Immunization Initiative to the Fire Rescue Paramedics.
B. To provide Public Health Nurses who will assist in organizing flu and pneumococcal
services to the low-income, largely minority senior population.
C. To provide Public Health Nurses who will do problem solving and answer technical
questions as needed by telephone.
D. To provide a list to the City of those paramedics who have successfully passed the Adult
Immunization Training.
II. The City Agrees:
A. To assign paramedics who will provide immunization services. Each assigned
paramedic must have successfully completed the Palm Beach County Health Department
Adult Immunization Training and received a passing grade on the final test.
B. Information Security.
The City 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 City 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 acknowledged by
the City upon execution of this Agreement. The City will adhere to any amendments to
the Department's security requirements provided to it during the period of this
Agreement. The City must also comply with any applicable professional standards of
practice with respect to client confidentiality.
C. To assess each client's need for the vaccine by using a screening questionnaire supplied
by the Department. The screening questionnaire will assist the paramedics to assess each
client's health status, allergies, and reactions to previous immunizations.
D. To administer to each client the correct vaccines utilizing the correct routes, sites, and
doses according to established Department and CDC protocols.
1
x/epilimmuniz/MOA/2008/BB
1",,;;);j;:;';~~Hi'Y'\ ;';;c L
;;~..'hlt;~~ !p1 .I~"'~'! il!~A '
..-~,.:-- .l'~_; ,;l,~ - - !K1J" - _ _~, ~
E. To document immunization actions on the immunization card and on the Client
Immunization Record Card or other approved form.
F. To be responsible for proper storage and handling of the vaccine and to adhere to
vaccine storage and handling requirements during transportation of the vaccine and at
the community sites.
G. To be responsible for acquiring and picking up the vaccines at the Health Care Pharmacy
Distribution Center.
H. To be responsible for supplies needed for vaccine administration such as syringes sharps
containers, alcohol wipes, gloves and supplies needed for vaccine storage at outreach
sites, such as coolers and ice packs.
1. To adhere to the Department's established Courtesy Standard, which states: "Treat
customers, the public and staff with courtesy, respect and dignity and present a positive
public image."
J. To refer to the Public Health Nurse questions that may require more in-depth
immunization knowledge or problem solving.
K. To be responsible for scheduling sites and working with site coordinators.
L. To present a schedule of planned outreach sites with dates and times to the Health
Department's Immunization Program Coordinator two weeks in advance of the planned
outreach. (This information will enable coordinator of activities with the Health
Department and Palm Beach County Adult Immunization Coalition.)
M. To be fully responsible for the negligent acts or omissions or intentional acts of
paramedics they employ, who are participating in the immunization initiative, and to
ensure that appropriate professional and liability insurance coverage is maintained for
the paramedics. Nothing herein shall be construed as a waiver of sovereign immunity
beyond the limits set forth in Section 768-28, Florida Statutes.
III. The City and The Department Mutually Agree:
A. Effective and Ending Dates
This Agreement shall begin on March 1, 2008, or on the date on which the Agreement
has been signed by both parties, whichever is later. It shall end on March 1, 2013.
B. Termination
(1) Termination at Will
This Agreement may be terminated by either party without cause upon no less than
thirty (30) calendar days notice in writing to the other party, unless a lesser time is
2
x/epilimmuniz/MOA/2008/BB
'.,:::;;:~{:' ~.:;;t>t\NAL
~:2Wf:' ''f:~f~,,~: U~ !
mutually agreed upon in writing by both parties. Said notice shall be delivered by
certified mail, return receipt requested, or in person with proof of delivery.
(2) Termination for Breach
This Agreement may be terminated for either party's non-performance upon no less
than twenty-four (24) hours notice in writing by the non-breaching party. Waiver of
breach of any provisions of this Agreement shall not be deemed to be a waiver of any
other breach and shall not be construed to be a modification of the terms of this
Agreement.
C. Indemnification
The Department as a state agency agrees to be fully responsible to the limits set forth in
Section 768.28, F.S. for its own negligent acts which result in claims or suits against the
Department or the City arising out of this Agreement, and agrees to be liable to the limits
set forth in Section 768.28, F.S. for any damages proximately caused by said acts or
omISSIOns. Nothing herein shall be construed as a waiver of sovereign immunity or
consent by a state agency or subdivision of the State of Florida to be sued by third parties
in any matter arising out of any Agreement. The City agrees to be fully responsible for
its own negligent acts, which result in suits or claims against the City or the Department
arising out of this Agreement, and agrees to be liable for any damages proximately
caused by said acts or omissions.
D. Relationship.
Nothing herein shall create or be construed to create an employer-employee, agency, joint
venture, or partnership relationship between the parties.
E. Renegotiation or Modification
Modifications of provisions of this Agreement shall only be valid when they have been
reduced to writing and duly signed by both parties.
F. Health Insurance Portability Act of 1996 (HIP AA).
(1) Where applicable, the parties will comply with HIP AA as well as all regulations
promulgated thereunder (45CFR Parts 160,162, and 164).
(2) Where applicable, the parties incorporate by reference the operative obligations of the
respective parties specified in 45 C.F.R. SS 164.502(e) and 164.504 (e, f, and g, and
subdivisions thereunder as applicable) of HIP AA privacy regulations, only insofar as
either individual party is a business associate as defined in 45 C.F.R. S 160.103, for
purposes of this Agreement. This provision for HIP AA 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 HIP AA business associate
provision survives termination of this Agreement.
3
x/epilimmuniz/MOA/2008/BB
-'''''~. "''''i''A''
~~iiA " L
G. Official Representatives.
(1) For the Department:
Name: Deborah Hogan, R.N., M.P.H.
Title: Senior Community Health Nursing Supervisor
Organization: Palm Beach County Health Department
Mailing Address: 1050 15th Street, West, Riviera Beach, FL 33404
TelephonelFax: (561)840-4568 - (561)841-8578
E-mail: deborah _ hogan@doh.state.f1.us
(2) For the City:
Name: Michael Landress
Title: EMS Division Chief
Or~anization: City of Boynton Beach
Mailing Address: 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435
TelephonelFax: 561-742-6337/561-742-6346
E-mail: landressm@ci.boynton-beach.f1.us
H. 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.
IN WITNESS THEREOF, the parties hereto have caused this~ page Agreement to be executed
by their undersigned officials as duly authorized.
City of Boynton Beach State of Florida, Department of Health
Palm Beach Count Health Department
Signed By: Signed
Name: KURT BRESSNER N . Jean Marie Malecki, MD, MPR, FACPM
Title: BOYNTON BEACH, Fl
Date: 9-8-08 Date:
APPROVED AS TO FORM:
~idU-~
. D ATTORNEY 4
x/epilimmuniz/MOA/2008/BB
:.........'......iHAL
..~h" .
:~tt;':' I'~',~~ ','- :
CITY CLERK'S OFFICE
MEMORANDUM
TO: Jim Ness,
Deputy Chief
FROM: Janet M. Prainito
City Clerk
DATE: September 8, 2008
RE: ROS.OS7 MOA Adult Immunization Services
Attached for your information and files is the fully executed agreement mentioned above
and a copy of the Resolution. Since the document has been fully executed, I have
retained an original for Central File.
Please contact me if there are any questions. Thank you.
~m p~~
Attachments
cc: Central File
SICCIWPIAF TER COMMISSIONIDepartmental Transmlttals\2008\Jlm Ness r08-087 doc