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

More documents

Recommendations

Info

information about Covered Persons receiving treatment for alcohol or drug abuse, First Onsite may be bound by the provisions of the federal regulations governing Confidentiality of Alcohol and Drug Abuse Patient Records (42 C.F.R. Part 2, as amended from time to time), as well as any state laws that govern HIV/AIDS and mental health treatment. First Onsite, at the City’s expense, will resist in judicial proceedings any effort to obtain access to such records or information relating to the Clinical Services except such access as is expressly permitted by the aforementioned federal regulations and/or State law and will notify the City of any such judicial proceedings. The parties acknowledge that certain records and documents created or maintained by First Onsite may constitute employment records not subject to HIPAA and others may include protected health information (“PHI”) as that term is defined by HIPAA. The parties shall collaboratively develop policies and procedures to segregate PHI subject to HIPAA and other state and federal privacy laws from employment records and to ensure the parties preserve the privacy and confidentiality of PHI in accordance with HIPAA and other applicable state and federal laws. The City will ensure that First Onsite is provided with appropriate authorization from Covered Persons to disclose employment information and PHI to the City regarding Covered Persons. The obligations created by this section shall remain in effect indefinitely, and shall survive the termination or cessation of this Agreement. 11.3 Confidential and Proprietary Information. First Onsite and City agree that all materials containing confidential and proprietary information developed in whole or in part or produced by either party shall not be disclosed to any third party without the written consent of the other party, except as necessary to implement the terms of this Agreement and only on a need to know basis, unless disclosure is required by the Florida Public Records Act. SECTION 12. General Provisions. 12.1 Upon adoption of any state or federal legislation or upon the issuance of a determination by a governmental entity, a Medicare carrier or intermediary, or an independent third party absolutely acceptable to each party that the arrangement evidenced by this Agreement violated any Federal or State law, rule, or regulation, including fraud and abuse issues, this Agreement shall terminate within sixty (60) days thereafter or sooner if such determination so advises; provided however, that in the event that such a determination is issued, the City may elect to continue this Agreement by reorganizing its internal structure or its agreements so that such are in accordance with the law, rule, or regulation in question. In such event, within sixty (60) days of the issuance of such determination, the City shall deliver notice to First Onsite of its intentions to continue this Agreement as provided herein. In such case, the terms and conditions of this Agreement shall remain in full force and effect. 12.2 Notices. All notices, offers, requests, demands and other communications pursuant to this Agreement shall be given in writing by personal delivery, by prepaid first class registered or certified mail properly addressed with appropriate postage paid thereon, telegram, telex, telecopier, facsimile transmission, and shall be deemed to be duly given and received on the date of delivery if delivered personally, on the second day after the deposit in the United 18
States Mail if mailed, upon acknowledgment of receipt of electronic transmission if sent by telecopier or facsimile transmission, or on the first day after delivery to the telegraph office if given by prepaid telegraph. Notices shall be sent to the parties at the following addresses: If to First Onsite: Brian Jones, Vice President 3322 West End Ave, Suite 400 Nashville, TN 37203 Facsimile No.: (866) 666-6082 If to the City: City Administrator City of West Palm Beach 401 Clematis Street, 2 nd Floor West Palm Beach, FL 33401 Facsimile No.: (561) 822-1424 With a Copy to: City Attorney City of West Palm Beach 401 Clematis Street, 5 th Floor West Palm Beach, FL 33401 Facsimile No.: (561) 822-1373 Or to such other address as any party may have furnished to the others in writing in accordance herewith, except that notices of change of address shall only be effective upon receipt. 12.3 Independent Contractor. It is understood and agreed that First Onsite in performing all Services hereunder, shall be an independent contractor and shall be responsible for accomplishing the results contracted for under this Agreement. Neither party shall in any way represent that it is an employer, employee, agent, partner or legal representative of the other party. As an independent contractor, First Onsite is not authorized to make any contract, agreement, warranty, or representation on behalf of the City. 12.4 Waiver. No covenant or condition of this Agreement can be waived except by the written consent of First Onsite and the City. Forbearance or indulgence by either party in any regard whatsoever shall not constitute a waiver of the covenant or condition to be performed by the party which the same may apply and, until complete performance by the other party of said covenant or condition, either party shall be entitled to invoke any remedy available to it under this Agreement or by law or in equity despite said forbearance or indulgence. 12.5 Non-Assignability. This Agreement may not be assigned by either party without the express prior written consent of the other party which may be given or withheld by the other party in its sole discretion. 19
Page 1 and 2: Originating Department: Human Resou
Page 3 and 4: AGENDA COVER MEMORANDUM Page 3 C.M.
Page 5 and 6: February 7, 2011 RESOLUTION NO. 48-
Page 7 and 8: February 7, 2011 4 RESOLUTION NO. 4
Page 9 and 10: February 7, 2011 FUND 133 - WATERFR
Page 11 and 12: February 7, 2011 8 RESOLUTION NO. 4
Page 13 and 14: RESOLUTION NO. 41-11 A RESOLUTION O
Page 15 and 16: Matter No. 10067 ITN No. 08/09-131
Page 17 and 18: “Medical Professionals” shall m
Page 19 and 20: less the estimated cost of any Supp
Page 21 and 22: longer in good standing with his or
Page 23 and 24: isk; thus, the amount forfeited in
Page 25 and 26: SECTION 3. Covenants and Responsibi
Page 27 and 28: Exhibit K b. Start Up Costs; c. the
Page 29 and 30: SECTION 8. Indemnification. First O
Page 31: 9.7 Certificates of Insurance. Firs
Page 35 and 36: 12.15 No Discrimination in Employme
Page 37 and 38: earthquake, volcanic action, flood,
Page 39 and 40: Exhibit A Scope of Clinical Service
Page 41 and 42: Medical Surveillance � Hearing -
Page 43 and 44: EXHIBIT B SCOPE OF MANAGEMENT SERVI
Page 45 and 46: EXHIBIT D INVENTORY (attached heret
Page 47 and 48: EXHIBIT F PHYSICIAN’S AGREEMENT (
Page 49 and 50: EXHIBIT H CREDENTIALING PROCESS (at
Page 51 and 52: EXHIBIT J MINIMUM SQUARE FOOTAGE RE
Page 53 and 54: EXHIBIT L REPORTING REQUIREMENTS (a
Page 55 and 56: Assessing Health Risks Personal Hea
Page 57 and 58: City of West Palm Beach January 18,
Page 59 and 60: � What the coach has learned abou
Page 61 and 62: Online Content & Tools City of West
Page 63 and 64: City of West Palm Beach January 18,
Page 65 and 66: COMPREHENSIVE SUPPLIES AND EQUIPMEN
Page 71 and 72: e sent to such patient and emergenc
Page 73 and 74: life, disability, and dental benefi
Page 75 and 76: compensation due to him or her for
Page 77 and 78: A. Custody of Medical Records. Phys
Page 79 and 80: 6.A.iii hereof, Employer agrees tha
Page 81 and 82: Attn: Brian Jones, Vice President 3
Page 83 and 84:
___________________________________
Page 85 and 86:
to use up to ____________ (_____) r
Page 87 and 88:
2 Chapter 5 General Policy 5-1 Admi
Page 89 and 90:
SECTION V- MISCELLANEOUS PROVISIONS
Page 91 and 92:
Effective Date Chapter 5 January 1,
Page 93 and 94:
City of West Palm Beach employment:
Page 95 and 96:
City of West Palm Beach basis. (c)
Page 97 and 98:
City of West Palm Beach 1. candidat
Page 99 and 100:
employee’s first day of employmen
Page 101 and 102:
City of West Palm Beach investigati
Page 103 and 104:
iii. Termination from a previous jo
Page 105 and 106:
City of West Palm Beach ESTIMATED P
Page 107:
Report Name Description Frequency O
show all

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

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?