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

9.7 Certificates of Insurance. First Onsite or any subcontractor will not be permitted
to bring its employees, materials or equipment on the site until the City receives from First
Onsite, and any subcontractors, certificates of insurance acceptable to the City in its sole
discretion. Such certificates shall state that the insurance carrier has issued the policies
providing for the insurance specified herein, that such policies are in force, that the City is an
additional insured under the Commercial General Liability, Business Auto and Commercial
Umbrella Liability policies, that the Commercial General Liability policy contains contractual
liability coverage, that all policies contain a waiver of the right of subrogation in favor of the
City and that all policies are endorsed to provide that the insurance carrier will give the City
thirty (30) days prior written notice of any material change in, or cancellation of, such policies.
If such insurance policies are subject to any exceptions to the terms specified herein, such
exceptions shall be explained in full in such certificates. The City may, at its discretion, require
First Onsite, or any subcontractor, to obtain insurance policies that are not subject to any
exceptions. First Onsite and all subcontractors shall provide the City with current certificates of
insurance during the term of this Agreement.
9.8 Failure to maintain the insurance coverage provided herein throughout the Term
of this Agreement shall constitute a material breach of the Agreement.
SECTION 10. Use of Name.
First Onsite and the City shall allow the other party to review in advance any press release
pertaining to the Agreement. No press releases shall be issued by either party without the prior
written consent of the reviewing party and such consent shall not be unreasonably withheld.
SECTION 11. Records.
11.1 Public Records Act. It is understood by the parties that the City is subject to the
provisions of the Florida Public Records Act, Section 119.011 et seq, Florida Statutes, and that
absent any exemptions or provisions for confidentiality contained in state or federal statutes,
generated records may be open to the public for inspection and copying. First Onsite shall assist
the City in responding to any public records requests.
11.2 Covered Person Records. First Onsite and the City agree that they will adopt
such policies and procedures, execute such written amendments to this Agreement or enter into
such other agreement(s) as may be required to make their activities under the Agreement
compliant with the Federal Health Information Technology for Economic and Clinical Health
Act of 2009 (“HITECH Act”), the Administrative Simplification Provisions of the Health
Insurance Portability and Accountability Act of 1996, as codified at 42 U.S.C.A. 1320d-8
(“HIPAA”), and any current and future regulations promulgated under either the HITECH Act or
HIPAA, including without limitation the federal privacy standards contained in 45 C.F.R. Parts
160 and 164 and the federal security standards contained in 45 C.F.R. Parts 160, 162 and 164 as
amended, and other applicable local, state and federal privacy laws. In furtherance of this
agreement, First Onsite and the City will execute the “Business Associate Agreement”. First
Onsite shall take steps to safeguard the confidentiality and privacy of member/participant
identifiable information and to prevent unauthorized disclosure of the same by its employees and
agents. The City acknowledges that in receiving or otherwise dealing with any records or
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