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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