Amend St. Vincent/CFD AMENDMENT TO
AGREEMENT FOR LIFE SUPPORT SERVICES
APPROVED AS TO FORM BY
THIS AMENDMENT to the Agreement for Life Support Services, (hereinafter
"Amendment") is entered into by and between ST. VINCENT HOSPITAL AND
HEALTH CARE CENTER, INC., an Indiana nonprofit corporation, (hereinafter
"Hospital") and CITY OF CARMEL FIRE DEPARTMENT, (hereinafter "Carmel").
WITNESSETH:
WHEREAS, Hospital is the owner and operator of a Facility known as St.
Vincent Hospital and Health Care Center Inc. with facilities located in Indianapolis,
Marion County, Indiana and Carmel, Hamilton County, Indiana; and
WHEREAS, the parties previously entered into an Agreement for Life Support
Services, (hereinafter "Agreement"), effective January I, 2002; and
WHEREAS, the Agreement provides that the parties may amend the Agreement
by an instrument in writing signed by the parties; and
WHEREAS, the parties now desire to amend the Agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained
herein, the parties agree as follows:
Section 11.3 of the Agreement shall be deleted and replaced with the following
"HIPAA Compliance" provision:
Hospital and Cannel agree that each party shall comply with all federal and state
regulations, rules and orders, including but not limited to regulations promulgated
under Section 264 of the Health Insurance Portability and Accountability Act
(Public Law 104-91 - "HIPAA"). Hospital and Carmel agree that for purposes of
HIPAA only Students shall be considered members of the Hospital's Workforce,
as that term is defined by HIPAA, and the Cannel agrees to require Students to
participate in any training required by Hospital for Workforce members so that
Hospital may comply with HIPAA. For all other purposes the parties agree that
each is acting as an independent contractor and not an agent or employee of the
other. Furthermore, the parties shall promptly amend the Agreement to conform
with any n ew or revised I egislation, rules and regulations to which Hospital is
subject now or in the future including, without limitation, the Standards for
Privacy of Individually Identifiable Health Information or similar legislation
(collectively, "Laws") in order to ensure that Hospital is at all times in
conformance with all Laws. If, within thirty (30) days of either party first
providing notice to the other of the need to amend the Agreement to comply with
Laws, the parties, acting in good faith, are (i) unable to mutually agree upon and
make amendments or alterations to this Agreement to meet the requirements in
question, or (ii) alternatively, the parties determine in good faith that amendments
or alterations to the requirements are not feasible, then either party may terminate
this Agreement upon thirty (30) days prior written notice.
II. A new Section 1.7 "Workforce Member" shall be added to the definition
provision as follows:
1.7 Workforce Member. "Workforce Member" shall mean employees,
volunteers, trainees, and other persons whose conduct, in the performance
of work for the Hospital, is under the direct control of the Hospital,
whether or not they are paid by the Hospital.
III. Incorporation. This Amendment shall be incorporated into and made a part of the
Agreement; and all provisions of the Agreement not expressly modified or
amended hereby shall remain in full force and effect.
IV. Execution. This Amendments shall be executed in duplicate copies on behalf of
Hospital and Carmel by an official of each, specifically authorized by its
respective Board to perform such executions. Each duplicate copy shall be
deemed an original, but both duplicate originals together constitute one and the
same instrument.
[This Page Was Intentionally Left Blank'
V. EXECUTION
IN WITNESS WHEREOF, the duly authorized representatives of Hospital and
Carmel have executed this Amendment on the dates written below.
ST. VINCENT HOSPITAL AND
HEAL fI CARE CENR, INC.
By: ( �l
Vincent C. Caponi
Interim President
Date:
CITY OF CARMEL
FIRE DEPARTMENT
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Date: /— 2 Si — O
56405 I/CRY
09/30/03-kmTi01760)
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Approved and adopted this day of C,fatuity ,2005
CARMEL BOARD OF PUBLIC WORKS AND SAFETY
By:
4oi Prese r
James Brainard, Presiding Officer
&'"4•2C6,64A-t
Mary Atti BurI e, Me her
Date: �1 ' --Or
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,Member
ATTEST: ' 1
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Tana L. Cordrav, IAMCV, Clerk-Treasurer
Date: J i I IYS