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R11-128 1 2 RESOLUTION NO. R11 -128 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVING A ONE (1) YEAR PROVIDER 6 AGREEMENT FOR "PHYSICIAN SERVICES" WITH 7 SOLANTIC WALK -IN URGENT CARE AS THE PROVIDER 8 FOR PHYSICIAN SERVICES FOR ALL NEW EMPLOYEES 9 AND REQUIRED ANNUAL PHYSICALS FOR POLICE 10 , OFFICERS AN FIREFIGHTERS; AUTHORIZING THE 11 INTERIM CITY MANAGER TO EXECUTE THE PROVIDER 12 ; AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. 13 14 15, WHEREAS, the City Commission of the City of Boynton Beach, upon 16 = recommendation of staff, deems it to be in the best interests of the citizens of the City of 17 ; Boynton Beach to enter into a Provider Agreement with Solantic Walk -in Urgent Care, 18 ; ; providing for pre- employment examinations, and required annual physicals for police officers it 19 ! and firefighters. 20 ' I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF E 21 ` THE CITY OF BOYNTON BEACH, FLORIDA, THAT: , I , 22 ° Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 23 i ■ being true and correct and are hereby made a specific part of this Resolution upon adoption 24 " hereof. 25 ! ' Section 2. The City Commission of the City of Boynton Beach hereby approves { i 26 + ; the one (1) year Provider Agreement for physician services between the City of Boynton i € 27 1 Beach and Solantic Walk -in Urgent Care. ii 28 li Section 3. The Interim City manager is hereby authorized to execute the Provider 29 1 j Agreement with Solantic Walk -In Urgent Care, a copy of which agreement is attached hereto i 30 l I a s Exhibit "A ". C \Documents and Settings \prainitot \Local Settings \Temporary Internet Files \OLKE \Reso - Solantic Agmt (physician services) doc 1f i II i ; i I 1 ' �r t 1 Section 4. This Resolution shall become effective immediately upon passage. 2 PASSED AND ADOPTED this 15 day of November, 2011. 3 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 8 Mayor /J os. ' of iguez 9 ,/! / / 10 ' '/ ! 11 /1(1 Ct 12 Vice Mayor — William Orlove 13 14 15 Com 'oner - Vodrow L. ay 17 18 19 ��` 20 Commissioner — St' ven olzman 21 22 --'" 23 24 Commissioner — Marlene Ross 25 26 ATTEST: 27 28 29 30 _ 'at • • 31 Jan t M. Prainito, MMC 32 rty Clerk 33 G`T Y 34 35 36 (I � .o 4 Seal) Document in Windows Internet Explorer R it - ias PROVIDER AGREEMENT FOR "PHYSICIAN SERVICES" WITH SOLANTIC WALK -IN URGENT CARE THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City ", and Solantic Walk -In Urgent Care, hereinafter referred to as "the Provider," in consideration of the mutual benefits, terms, and conditions hereinafter specified effective December 2, 2011. 1. PROJECT DESIGNATION. The Provider is retained by the City to perform Physician Services in connection with the project designated. 2. SCOPE OF SERVICES. Provider agrees to perform the services, identified on Exhibit "A" attached hereto, and incorporated herein by reference, including the provision of all labor, materials, equipment and supplies. No modifications will be made to the original scope of work without the written approval of the City Manager or his designee. 3. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Provider to proceed. Provider shall perform all services and provide all work product required pursuant to this agreement. 4. TERM: The term of this Agreement shall commence on December 2, 2011 through September 30, 2014 with two (2) additional one (1) year renewals. 5. PAYMENT. The Provider shall be paid by the City for completed work and for services rendered under this agreement as follows: a. Payment for the work performed by Provider shall be made as outlined on Exhibit "A" attached hereto, on an as needed basis without express written modification of the agreement signed by the City Manager or his designee. b. The Provider may submit invoices to the City once per month during the progress of the work for partial payment for project completed to date. Such vouchers will be reviewed by the City, and upon approval thereof, payment will be made to the Provider in the amount approved. c. Final payment of any balance due the Provider of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. d. Payment as provided in this section by the City shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The Provider records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and State for a period of Document in Windows Internet Explorer three (3) years after the termination of this Agreement. Copies shall be made available upon request. 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, records, and other materials produced by the Provider in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Provider shall be permitted to retain copies, including reproducible copies, of documents, records, and other materials for information, reference and use in connection with Physician's endeavors. 7. COMPLIANCE WITH LAWS. Provider shall, in performing the services contemplated by this service agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8. INDEMNIFICATION. Provider shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Provider's own employees, or damage to property occasioned by a negligent act, omission or failure of the Provider. 9. INSURANCE. The Provider shall secure and maintain in force throughout the duration of this agreement Malpractice Insurance along with comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence /aggregate for property damage, and professional liability insurance in the amount of $1,000,000 per occurrence to $2 million aggregate with defense costs in addition to limits. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of Coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. 10. INDEPENDENT CONTRACTOR. The Provider and the City agree that the Provider is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Provider nor any employee of Provider shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Provider, or any employee of Provider. Document in Windows Internet Explorer 11. COVENANT AGAINST CONTINGENT FEES. The Provider warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Provider to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Provider, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The Provider, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The Provider shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14. NON - WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. TERMINATION. This Agreement may be terminated as follows: a. By either Party for Cause (defined for purposes of this Agreement as an incurred breach of the provisions hereof), if the terminating Party has provided the other Party with written notice of the matter or matters constituting Cause for termination and the Party receiving such notice has not cured such matter or matters within thirty (30) days of receipt. b. In the event of the death of a member, partner or officer of the Physician, or any of its supervisory personnel assigned to the project, the surviving members of the Physician hereby agree to complete the work under the terms of this agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this agreement between surviving members of the Consultant and the City, if the City so chooses. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. Document in Windows Internet Explorer 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach Attention: Julie Oldbury, Director of Human Resources P.O. Box 310 Boynton Beach, FL 33425 -0310 Notices to Consultant shall be sent to the following address: Solantic Walk -In Urgent Care 830 N. Congress Avenue Suite 130 Boynton Beach, Florida 33426 Document in Windows Internet Explorer 18. INTEGRATED AGREEMENT. This Agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Provider and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be amended only by written instrument signed by both City and Provider. DATED this day of , 20 . CITY OF BOYNTON BEACH Interim City Manager Solantic Walk -In Urgent Care Attest /Authenticated: Title (Corporate Seal) City Clerk Approved as to Form: Attest /Authenticated: Office of the City Attorney Secretary Document in Windows Internet Explorer "EXHIBIT A" SCOPE OF SERVICES Document in Windows Internet Explorer W iIlis WILLIS EMPLOYEE BENEFITS 5550 Glades Road, #500 Boca Raton, FL 33431 Website: www.willis.com Executive Summary Purpose: To identify a vendor to provide physician services, including office space, exam rooms and equipment, to the City of Boynton Beach. The City desires to establish a strong, sound and mutually beneficial relationship with a physician or firm. Background: The City of Boynton Beach entered into a contract for physician services with Bethesda Healthcare System that ends December 2, 2011. By way of contract between Bethesda and Solantic, physicians services are being provided to the City by Solantic at the contracted pricing between the City and Bethesda. At the request of the Human Resources staff of the City of Boynton Beach, Willis of Florida developed an Informal Request for Pricing for a qualified firm or physician to provide physician services, including office space, exam rooms and equipment, to the City of Boynton Beach. The IRFP included a Scope of Services for Firefighters, as well as Police and General Employees. The vendors approached were asked to provide us with a breakdown of their costs for services as outlined in the Scope of Services provided by the City. Analysis: The IRFP was distributed by Willis on August 10, 2011. The vendors approached are as follows: Solantic Walk -In Urgent Care, City of Delray Beach CareHere Clinic, MedExpress Urgent Care and U.S. Healthworks. MedExpress Urgent Care did not respond to our Request. City of Delray Beach CareHere Clinic, U.S. Healthworks and Solantic Walk -In Urgent Care all provided pricing for the Scope of Services, which is illustrated on the attached spreadsheet. Solantic Walk -In Urgent Care provided the most competitive pricing, and after Willis negotiated for additional pricing relief from Solantic, they agreed to rates that are, in most instances, equal to or lower than the current pricing, as well as the pricing provided by each responding vendor. In addition, Solantic has agreed to a 3 year rate guarantee, and their clinics are open from 8 a.m. to 8 p.m. seven days a week. Recommendation: After careful review of the criteria provided by the City, and the proposals submitted by the vendors, Solantic Walk -In Urgent Care has provided a proposal that most closely meets or exceeds the requirements outlined in the City's Scope of Services, and the City has been satisfied with the services provided by Solantic. 11/14/2011 1ty(1 p Q o� op Q 7� R p ^s, p y 8 p �� E N N ^H H W a N M N N N. a .„ N R W H. y . H N w w- N �X w N ` M. W> a ^ t, z �_. q C N O^ 0^ 1 p� �p S tMVf R N ♦ N N N � N � Ny '14 N 222 ..as N �p ep 0Ny ryO N Y R N N N s 0� O NO M N N WM N N N N N M N N N y0 N N M N N N 2 M N M N N N N N N N N N N y 2 n 8 2 8 N e m R . R R 8 R N r R R R QQ ° N R R g, 8 R ` R o a ° a N H p H p N H N H N N N a H w w :y N N N N H . N . N N H H N . W H W H w > a m g • ` N' V N g n N H W H N ' N H � N, m M Z N N M N X N N Vi N N 8 7, 7, , N Z N W 0 N H H N H .o." W q N > a ll � yy (p��pf q p NN p ��yy ( y y 1p� q p N H W K H M N M N . 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