HomeMy WebLinkAboutAgreement_General_10/23/2009 FLORIDA nEPARTKENT OF " *` / 11EQUE0A
HEALT NOV 13 2009
Charlie Crist M.P.H..
Governor F � n General
November 3, 2009
Donald Tanabe, M.D.
Tequesta Fire and Rescue
357 Tequesta Drive
Tequesta, FL 33469
Re: TRANSMITTAL OF MEMORANDUM OF AGREEMENT BETWEEN THE STATE OF
FLORIDA, FLORIDA DEPARTMENT OF HEALTH, PALM BEACH COUNTY HEALTH
DEPARTMENT AND TEQUESTA FIRE - AND RESCUE MEDICAL DIRECTOR.
Dear Mr. Tanabe:
Enclosed is an original of the subject document for your records.
If there are any questions concerning this correspondence, please contact me at (561) 671-
4115 or e -mail: daniel mckenna(a All other questions should be directed to
Alfred Grasso at (561) 671 -4016 or e -mail: alfred grasso(a)doh.state.fl.us
Sincerely,
Daniel J. McKenna
Contract Administrator
Encl.
cc: A. Grasso
file
Post office Box 29 / 800 Clematis Street, West Palm Beach, FL 33402
Alina Alonso, M.D., Director
www.pbchd.com
TEUUESTA
NOV 13 2009
Memorandum of Understanding FIRF RSCUE
Palm Beach County Health Department and
Tequesta Fire - Rescue Medical Director
Whereas, HHS Secretary Michael O. Leavitt issued a Declaration for the Use of the Public Readiness
and Emergency Preparedness Act ( "PREP Act ") dated January 26, 2007 ( "Original Declaration "), as
amended on November 30, 2007 and October 17, 2008 with respect to certain avian influenza viruses,
and,
Whereas, on April 26, 2009, Acting HHS Secretary Charles Johnson determined that a nationwide Public
Health Emergency existed, with potential to affect national security, and,
Whereas, on June 11, 2008 the WHO Director - General Dr Margaret Chan issued a statement raising the
level of pandemic influenza alert to Phase 6, beginning the 2009 Influenza Pandemic, and,
Whereas, on June 19, 2009 the Secretary issued a PREP Act declaration identifying the pharmaceuticals
Tamiflu and Relenza as "covered countermeasures" to address the threat of or actual human influenza
that results from the infection of humans with highly pathogenic avian
influenza A viruses including the swine H1 N1 virus, and,
Whereas, on June 25, 2009 the Secretary issued a PREP Act declaration similarly identifying the 2009
H1 N1 vaccines as a "covered countermeasure" for that same purpose, and,
Whereas, on July 14, 2009 the FDA issued an Emergency Use Authorization letter expanding uses of
Tamiflu for treatment and prophylaxis of influenza, and,
Whereas, following her confirmation by the Senate as Secretary of HHS, on July 24, 2009 Secretary
Kathleen Sebelius (the "Secretary") renewed that Public Health Emergency declaration,
Whereupon, the Parties agree as follows:
I. Parties
The Parties to this Memorandum of Understanding are the Florida Department of Health, Palm Beach
County Health Department ( "Palm Beach CHD" or "DOH" or "Department ") and Medical Director of
Tequesta Fire - Rescue ( "Medical Director'). DOH will implement this Memorandum of Understanding
consistent with Chapters 401, 465 and 499, Florida Statutes and Rules 64F -12 (Pharmacy rules), and
64J -1 (EMS rules), F.A.C.
II. Purpose
To provide the "covered countermeasure" 2009 H1 N1 vaccines to Palm Beach County residents and
visitors. This MOA establishes the terms, conditions, and responsibilities between the parties for
administration of the vaccine which will be delivered into Florida by the federal government and its
agents.
III. Legal Authority for MOU
Sections 381.0011(5), (11); and sections 381.003(1)(d), (1)(e), F.S.
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IV. Definition of Terms
Vaccine — the 2009 Influenza A (H1 N1) monovalent vaccine distributed for the US Department of
Health and Human Services and the CDC, through McKesson corporation.
Administration or Administer — the obtaining and giving of a single dose of medicinal drugs by a
legally authorized person to a patient for her or his consumption. Sec. 465.003(1), F.S.
Florida SHOTS — the centralized online immunization registry described at sec. 381.003(1)(e), F.S.
and Rule 64D- 3.046(6) -(8), F.A.C.
V. Intended Beneficiaries No Private Right Created
The parties to this Agreement further agree and covenant that this Memorandum of Understanding is
binding on the parties, their heirs -at -law, and their assigns and successors in interest as evidenced by
their signatures and lawful executions below, and does not create or confer any right or benefit on
any other person or party, private or public. Nothing in this Memorandum of Understanding is
intended to restrict the authority of either signatory to act as provided by law or regulation, or to
restrict any agency from enforcing any laws within its authority or jurisdiction.
VI. Mutual Exchange of Promises
PALM BEACH CHID Responsibilities:
1. To provide training to the EMS PERSONNEL OF TEQUESTA FIRE - RESCUE ( "paramedics ") for
information security, data entry, health screening for vaccination and administration of the Influenza A
(H1 N1) 2009 monovalent vaccine including vaccination target groups, type of vaccine, dosage,
administration, storage and adverse reactions.
2. To provide a list to the Tequesta Fire - Rescue Medical Director of paramedics who have successfully
completed the Influenza A (H1N1) Vaccination Training.
3. To organize H1 N1 flu vaccination sites and activities. DOH reserves the right to exclude any
paramedic(s) from influenza administration.
4. To provide Public Health Nurses who will do problem solving and answer technical questions as
needed by telephone.
5. To provide the Influenza A (H1 N1) 2009 monovalent vaccine, and necessary vaccination supplies and
personal protective equipment (PPE).
6. To schedule vaccination sites and to advertise their locations and times of operation.
7. To provide a means of documenting the administration of vaccine that is consistent with the Florida
SHOTS registry and DOH policies and procedures.
MEDICAL DIRECTOR Responsibilities (as to EMS PERSONNEL OF TEQUESTA FIRE - RESCUE
acting under this MOU:
8. To provide to Palm Beach CHID a completed and signed form DH 1256, verifying vaccine
administration qualifications of the EMS PERSONNEL OF TEQUESTA FIRE - RESCUE ( "paramedics ")
listed thereon.
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9. To assign such qualified paramedics who will administer the Influenza A (H1 N1) 2009 monovalent
vaccine.
10. Information Security: The paramedics shall maintain confidentiality of all data, files, and records
including client records related to the services provided pursuant to this MOU and shall comply with
state and federal laws, including, but not limited to, sections 384.29, 381.004, 392.65 and 456.057,
F.S. Procedures must be implemented by the paramedics to ensure the protection and confidentiality
of all confidential matters. These procedures shall be consistent with the DOH Information Security
and Privacy Policy 2007 which is incorporated herein by reference and the receipt of which is
acknowledged by the paramedics upon execution of this Agreement. The paramedics will adhere to
any amendments to the Department's security requirements provided to the Medical Director during
the period of this Agreement. The paramedics must also comply with any applicable professional
standards of practice with respect to client confidentiality.
11.To assess each client's need for the vaccine by using a screening questionnaire supplied by the DOH.
The screening questionnaire will assist the paramedics to assess each client's health status, allergies,
and reactions to previous immunizations.
12.To administer to each client the Influenza A (H1 N1) 2009 monovalent vaccine utilizing the correct
routes, sites, and doses according to established DOH and CDC Advisory Committee on Immunization
Practices recommendations.
13.To document immunization actions on the immunization card and in the Florida SHOTS or other
approved form.
14.To properly store and handle the vaccine and to adhere to vaccine storage and handling requirements
during transportation of the vaccine and at the community sites.
15. To follow 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."
16.To refer to the Public Health Nurse questions that may require more in -depth immunization knowledge
or problem solving.
VII. Record - Keeping & Audit Cooperation
Paramedics must maintain separate and apart from other prescription drug inventory any vaccine
received from DOH or Palm Beach CHD or from McKesson relevant to activities addressed under this
MOU and in its possession.
Paramedics must maintain and produce immediately for inspection all records of movement or
transfer of any vaccine received from DOH or Palm Beach CHD relevant to activities addressed
under this MOU, including, but not limited to, the records of receipt and disposition of vaccine.
Paramedics may administer vaccine only to consenting clients and must return any unused vaccine
to the Palm Beach CHD.
VIII. No Indemnification
Each party who is a state agency or subdivision, as defined in section 768.28, F.S., agrees to be fully
responsible only to the extent provided by section 768.28, F.S., for the negligent acts or omissions or
tortious acts of its own employees, agents or principals which result in claims or suits against each
party respectively, and agrees to be liable for any damages proximately caused by said acts or
omissions or torts. Nothing herein is intended to serve as a waiver of sovereign immunity by any
party to which sovereign immunity applies. Nothing herein shall be construed as consent by a state
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agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of
this MOU. No state agency or subdivision indemnifies any other party or person, beyond the above
re- statement of the law, no matter the circumstances.
Any indemnification arising under this paragraph shall continue in full force and effect notwithstanding
the full payment of all obligations under this MOU or the termination of this MOU for any reason.
IX. Insurance
Each Party, at his /her expense, shall maintain ordinary property and liability insurance.
X. Assignment or Sub - Contracting
No party shall assign, transfer, pledge, or dispose of this MOU or any interest therein, whether as
security for any of its indebtedness or otherwise. Subject to the foregoing, this MOU inures to the
benefit of and is binding upon the heirs, executors, administrators, successors and assigns of the
parties hereto.
XI. Waiver
No failure of any party to enforce any term hereof shall be deemed to be a waiver.
XII. Dispute Resolution
Any dispute arising from this MOU is to be resolved according to Florida law, which controls same,
and such disputes may be resolved only in the Fifteenth Judicial Circuit of Florida courts. In any such
legal action, venue lies in Palm Beach County Florida. The parties agree to engage in mediation of all
legal actions arising from this MOU, the cost of mediation services to be divided equally among the
parties. If any provision of this MOU is determined by settlement or by judgment of a court of
competent jurisdiction to be invalid or unenforceable, the remaining provisions shall continue in full
force and effect notwithstanding.
XIII. Severability & Survivability
If any provision of this MOU is determined by settlement or by judgment of a court of competent
jurisdiction to be invalid or unenforceable, the remaining provisions shall continue in full force and
effect notwithstanding.
XIV. Venue and Choice of Law
Any dispute arising from this MOU is to be resolved according to Florida law, which controls same,
and such disputes may be litigated only in the Fifteenth Judicial Circuit of Florida courts. In any such
legal action, venue lies in Palm Beach County, Florida.
XV. Amendment
All terms and conditions of this MOU are fully set forth in this document. There are no other terms or
other agreements outside this document. This agreement may be amended at any time by a writing
setting out the signed mutual agreement of the parties. This MOU is the complete agreement of the
parties. There are no other agreements, written or otherwise.
XVI. Effective Date, Term & Termination
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This MOU shall become effective upon the signature of both parties and shall remain in effect until
otherwise agreed to by the parties. This MOU may be terminated by either party without cause upon
no less than 30 days written notice to the other party, unless a lesser time is mutually agreed upon in
writing by both parties. Notice shall be delivered by certified mail, return receipt requested, or in
person with proof of delivery.
XVII. Authority to Bind Principals
The persons executing this MOU on behalf of their respective agency parties hereby represent and
warrant that they have the right, power, legal capacity, and appropriate authority to enter into this
Memorandum of Understanding on behalf of the agency for which they sign.
Z�k�_ - 111 31 0 7
lina Alonso, M.D. Date
Director
Palm Beach County Health
Department
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Dona# -T nabe, M. Date/
Medical Director
Tequesta Fire - Rescue
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