Agenda 02/28/2017 Item #16E 202/28/2017
EXECUTIVE SUMMARY
Recommendation to approve 1) a First Amendment to Interlocal Agreement with North Collier
Fire Control and Rescue District providing for automatic renewals subject to termination; and 2) a
First Amendment to Combined HIPAA Privacy Business Associate, HIPAA Security Rule, Hitech
Act Compliance and Confidentiality Agreement to comply with U.S. Department of Health &
Human Services published guidance on cloud storage of data (This is a companion to Agenda item
16.E.1).
OBJECTIVE: To obtain Board of County Commissioners (Board) approval of: 1) a First Amendment to
Interlocal Agreement (“First Amendment”) and 2) a First Amendment to Combined HIPAA Privacy
Business Associate, HIPAA Security Rule, Hitech Act Compliance and Confidentiality Agreement, both
between Collier County and North Collier Fire Control and Rescue District (“District”).
CONSIDERATIONS: On March 22, 2016, the County entered into Interlocal Agreement with District
(“Agreement”) to resolve a lawsuit initiated by District ti tled North Collier Fire Control and Rescue
District v. Board of County Commissioners of Collier County (Case No. 11-2015-CA-001871). Also on
March 22, 2016, the County issued a Certificate of Public Convenience (“COPCN”) in accordance with
the terms and conditions set forth in the Agreement.
Section 3 of the Agreement provides:
“3. This Interlocal Agreement shall take effective upon execution by the Parties
(“Effective Date”). The term of the COPCN and the Interlocal Agreement shall be
effective through March 31, 2017.”
The First Amendment replaces Section 3 with the following:
“3. This Interlocal Agreement shall take effect upon execution by the Parties
(“Effective Date”). The Interlocal Agreement will automatically renew for an additional
year each and every March 31, thereafter, unless a Party provides to the other Party
written notice to the contrary no later than January 31st of such year. Notwithstanding, if
a COPCN is not issued to the District, then this Interlocal Agreement shall automatically
terminate without further action of the Parties. District shall follow all COPCN annual
renewal procedures as set forth in Collier County Ordinance No. 04-12, as it may be
amended or otherwise modified.”
If the First Amendment is approved, no further Board action is necessary to renew. No other changes
have been made.
Also proposed is First Amendment to Combined HIPAA Privacy Business Associate, HIPAA Security
Rule, Hitech Act Compliance Agreement. Combined HIPAA Privacy Business Associate, HIPAA
Security Rule, Hitech Act Compliance Agreement (“HIPAA Agreement”) was approved by the Board on
September 13, 2016. The HIPAA Agreement protects health information that is shared between the
County and the District during performance of advanced life support services authorized by the District’s
COPCN.
Section 6 of the HIPAA Agreement provides for amendment necessary to comply with any law of
regulations affecting the use or disclosure of protected health information, the security of health
information, or other aspects of the Health Insurance Portability and Accountability Act or the Health
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Information Technology for Economic and Clinical Health Act.
On October 7, 2016, the U.S. Department of Health & Human Services published guidance on cloud
computing that provides that a cloud services provider is a business associate under HIPAA if engaged by
a covered entity to create, receive, maintain, or transmit protected health information and is required to
enter in to a HIPAA-compliance business associate agreement wherein it is both contractually liable for
meeting the terms of a business associate agreement and directly liable for compliance with the applicable
requirements of HIPAA.
The proposed First Amendment to the HIPAA Agreement is to comply with this published guidance by
adding updated definitions, statutory references and terms related to cloud storage of data.
This item is a companion to the District’s COPCN (Item 2658). If the Board does not approve the
COPCN item, the two interlocal amendments/agreements are no longer necessary.
FISCAL IMPACT: There is no fiscal impact.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this
action.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote
for Board approval. - JAB
RECOMMENDATION: To approve the following amendments to agreements with the North Collier
Fire Control and Rescue District:
1. First Amendment to Interlocal Agreement with North Collier Fire Control and Rescue District.
2. First Amendment to Combined HIPAA Privacy Business Associate, HIPAA Security Rule,
Hitech Act Compliance Agreement.
Prepared By: Tabatha Butcher, EMS Chief
ATTACHMENT(S)
1. First Amendment to Interlocal Agreement (PDF)
2. NCFD Ist Ammendment to HIPAA Agreement Feder Signed 1-14-17 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.2
Doc ID: 2659
Item Summary: Recommendation to approve 1) a First Amendment to Interlocal Agreement with
North Collier Fire Control and Rescue District providing for automatic renewals subject to termination;
and 2) a First Amendment to Combined HIPAA Privacy Business Associate, HIPAA Security Rule,
Hitech Act Compliance and Confidentiality Agreement to comply with U.S. Department of Health &
Human Services published guidance on cloud storage of data (This is a companion to Agenda item
16.E.1).
Meeting Date: 02/28/2017
Prepared by:
Title: Supervisor - Accounting – Administrative Services Department
Name: Artie Bay
01/26/2017 3:40 PM
Submitted by:
Title: Department Head - Administrative Svc – Administrative Services Department
Name: Len Price
01/26/2017 3:40 PM
Approved By:
Review:
Administrative Services Department Pat Pochopin Level 1 Division Reviewer Completed 01/31/2017 10:46 AM
Emergency Medical Services Tabatha Butcher Additional Reviewer Completed 01/31/2017 1:29 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 01/31/2017 4:59 PM
Administrative Services Department Len Price Level 2 Division Administrator Review Completed 02/15/2017 5:14 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/16/2017 8:08 AM
Office of Management and Budget Laura Wells Additional Reviewer Completed 02/16/2017 8:56 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/16/2017 2:31 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 02/19/2017 11:35 AM
Board of County Commissioners MaryJo Brock Meeting Pending 02/28/2017 9:00 AM
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Packet Pg. 962 Attachment: First Amendment to Interlocal Agreement (2659 : North Collier Fire Interlocal Agreement Amendment)
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Packet Pg. 974 Attachment: First Amendment to Interlocal Agreement (2659 : North Collier Fire Interlocal Agreement Amendment)
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Packet Pg. 975 Attachment: NCFD Ist Ammendment to HIPAA Agreement Feder Signed 1-14-17 (2659 : North Collier Fire
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Packet Pg. 976 Attachment: NCFD Ist Ammendment to HIPAA Agreement Feder Signed 1-14-17 (2659 : North Collier Fire
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Packet Pg. 977 Attachment: NCFD Ist Ammendment to HIPAA Agreement Feder Signed 1-14-17 (2659 : North Collier Fire
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Packet Pg. 978 Attachment: NCFD Ist Ammendment to HIPAA Agreement Feder Signed 1-14-17 (2659 : North Collier Fire
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Packet Pg. 979 Attachment: NCFD Ist Ammendment to HIPAA Agreement Feder Signed 1-14-17 (2659 : North Collier Fire
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Packet Pg. 980 Attachment: NCFD Ist Ammendment to HIPAA Agreement Feder Signed 1-14-17 (2659 : North Collier Fire