Agenda Cover Memorandum for 02/ - City of West Palm Beach

Onsite shall deliver the electronic medical records to a designee of the City to maintain the
records in accordance with Florida law.
6.2 Employment Records. All other records and documents, including but not
limited to those records that constitute employment records of Covered Persons, created as a
result of First Onsite’s performance under this Agreement shall at all times be considered the
property of the City. The City will maintain its records in accordance with the provisions of
Section 11.2 below. Both during and after the term of this Agreement, First Onsite or its
designees shall be permitted to inspect or duplicate any pertinent chart or record to the extent
necessary to meet professional responsibilities to a Covered Person and/or to assist in the
defense of any professional liability or similar claim; provided, however, that such inspection
and duplication shall be permitted and conducted in accordance with applicable legal
requirements.
SECTION 7. Reporting and Right to Audit.
7.1 Right to Audit. The City shall have the right to perform a full operational and
financial audit of First Onsite at least once a year during the term of the Agreement and at any
time within the twelve (12) months following the termination of the Agreement. Any such audit
shall not be limited temporally and/or in scope, except as determined by the City. Audits may
be conducted by the City or by an auditor/consultant of the City’s choosing. Should shortfalls
be identified, First Onsite shall develop and implement any necessary corrective plan(s), which
shall be approved by the City prior to implementation of the corrective plan(s), and the City
shall have the right to re-audit the plan as needed to ensure proper quality of Services and
performance of duties by First Onsite. First Onsite shall provide all resources requested by the
City, including resources and information from third-parties (including but not limited to
contracts with hospitals and other providers), and First Onsite shall cooperate in all respects in
connection with the performance of the audit and shall initiate any needed corrective actions, all
without additional charges to the City. This paragraph shall survive the termination or cessation
of this Agreement. Failure by First Onsite to permit such audit shall be grounds for termination
of this Agreement by the City.
7.2 Reporting Requirements. First Onsite shall provide the reports detailed on
Exhibit L in accordance with the frequency described therein. All reports shall be submitted to
the City’s Project Representative. All reports due monthly shall be due on the fifteen of the
month; all reports due quarterly shall be due on the fifteenth day of the first month following the
quarter; all reports due annually shall be due by March 15 th . No additional fees shall be charged
to the City by First Onsite for the provision of these reports, data or information.
7.3 Application of Law to Audit and Reporting Requirements. Notwithstanding the
preceding Section 7.1 and 7.2 and as more particularly set forth in Section 11 below, nothing in
this Agreement nor in the City’s policies shall require First Onsite to violate any federal or state
law or regulation regarding the confidentiality of such medical information. The City shall
ensure that it and any third party conducting an audit shall be duly authorized by Covered
Persons to obtain and review the records.
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