R19-0531
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RESOLUTION NO. R19-053
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING UTILIZING THE STATE OF FLORIDA CONTRACT
#42000000 -18 -ACS (ALTERNATE SOURCE CONTRACT) WITH
CONCORDANCE MEDICAL, HENRY SCHEIN MEDICAL,
MCKESSON MEDICAL AND MEDICAL SOLUTIONS FOR THE
CITY'S MEDICAL SUPPLIES ON AN "AS NEEDED" BASIS WITH
AN ESTIMATED ANNUAL EXPENDITURE OF $150,000;
AUTHORIZING THE CITY MANAGER TO SIGN AGREEMENTS
WITH EACH OF THE FOUR COMPANIES; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City currently has a bid in place for medical supplies and
pharmaceuticals which expires July 2, 2019; and
WHEREAS, this Agreement allows the City's Fire EMS to access another vendor for
the necessary medical supplies when needed; and
WHEREAS, the City Commission of the City of Boynton Beach, upon the
recommendation of staf'., deems it in the best interest of the citizens and residents of the City
of Boynton Beach to approve and authorize the City Manager to sign Agreements with
Concordance Medical, Henry Schein Medical, McKesson Medical and Medical Solutions for
the City's medical supplies on an "as -needed" basis with an estimated annual expenditure of
$150,000 at prices based on State of Florida Member -Requested Participation Agreements
through Minnesota Multistate Contracting Alliance for Pharmacy.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being
true and correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2. The City Commission of the City of Boynton Beach hereby approves
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and authorizes the City Manager to sign Agreements with Concordance Medical, Henry Schein
Medical, McKesson Medical and Medical Solutions for the City's medical supplies on an "as -
needed" basis with an estimated annual expenditure of $150,000 at prices based on State of
Florida Member -Requested Participation Agreements through Minnesota Multistate
Contracting Alliance for Pharmacy, copies of which are attached hereto as Exhibits "A - D"
Section 3. That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this day of , 2019.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
Judith A. �y e—, CMC
City Clerk
(Corporate Seal)
YES NO
Mayor — Steven B. Grant ✓
Vice Mayor — Justin Katz ✓
Commissioner — Mack McCray LI -1
Commissioner — Christina L. Romelus LI -11
Commissioner — Ty Penserga �✓
VOTE
Queenester Nieves
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-,-�«-053
MEDICAL SUPPLIES AGREEMENT
This Agreement is made as of this 'Da day of 2019 by and between
MEDICAL SOLUTIONS, INC., a Foreign corporation authorized to business in the State of
Florida with an address of 10401 93rd Avenue N, Ste. 100, Maple Grove, MN 55369 ("MEDICAL
SOLUTIONS" or "Contractor"), and THE CITY OF BOYNTON BEACH, a Florida municipal
corporation, with a mailing address of Post Office Box 310, Boynton Beach, FL 33425 (the
"City").
RECITALS
WHEREAS, The City's Fire EMS Department utilizes medical supplies and
pharmaceuticals which are consistently on backorder and utilizing the pricing from the State of
Florida Member -Requested Participation Agreement No. 42000000 -18 -ACS which is utilizing the
Minnesota Multistate Contracting Alliance for Pharmacy (MMCAP) Agreement No. MMS 18013
will add additional vendors for medical supplies to obtain a greater pool to purchase from; and
WHEREAS, MEDICAL SOLUTIONS, has agreed to allow the City to piggy -back the
State of Florida Member -Requested Participation Agreement No. 42000000 -18 -ACS to provide
medical supplies and pharmaceuticals through April 8, 2020 with three one-year options for
renewal for an estimated annual expenditure of $150,000.00 at prices based on State of Florida
contract on an "as needed" basis; and
NOW THEREFORE, in consideration of the mutual covenants contained herein, and for
other valuable consideration received, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
AGREEMENT
Section 1. The foregoing recitals are true and correct and are hereby incorporated in this
Agreement.
Section 2. The City and MEDICAL SOLUTIONS agree that MEDICAL SOLUTIONS
shall provide medical supplies and pharmaceuticals through April 9, 2020 with three one-year
options for renewal for an estimated annual expenditure of $150,000.00 at prices based on State of
Florida Member -Requested Participation Agreement No. 42000000 -18 -ACS which is utilizing the
Minnesota Multistate Contracting Alliance for Pharmacy (MMCAP) Agreement No. MMS 18013,
a copy of which is attached hereto as Exhibit "A", except as hereinafter provided:
A. All references to State of Florida, Florida DMS, State of Minnesota or Minnesota Multistate
Contracting Alliance for Pharmacy shall be deemed as references to the City of Boynton Beach.
Venue for any litigation arising under this Agreement must be in a court of competent
jurisdiction in Palm Beach County, Florida.
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B. All Notices to the City shall be sent to:
City: Lori LaVerriere, City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425
Telephone: (561) 742-6010 / Facsimile: (561) 742-6090
Copy: James A. Cherof, City Attorney
Goren, Cherof, Doody & Ezrol, PA.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, FL 33308
Telephone: (954) 771-4500
Facsimile: (954) 771-4923
C. The following terms and conditions are hereby incorporated into the Agreement:
Scrutinized Companies
By execution of this Agreement, in accordance with the requirements of F.S. 287-135 and
F.S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel.
Contractor further certifies that Contractor is not on the Scrutinized Companies that
Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not
on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or
has Contractor been engaged in business operations in Syria. Subject to limited exceptions
provided in state law, the City will not contract for the provision of goods or services with
any scrutinized company referred to above. Submitting a false certification shall be deemed
a material breach of contract. The City shall provide notice, in writing, to Contractor of the
City's determination concerning the false certification. Contractor shall have five (5) days
from receipt of notice to refute the false certification allegation. If such false certification
is discovered during the active Agreement term, Contractor shall have ninety (90) days
following receipt of the notice to respond in writing and demonstrate that the determination
of false certification was made in error. If Contractor does not demonstrate that the City's
determination of false certification was made in error then the City shall have the right to
terminate the Agreement and seek civil remedies pursuant to Section 287.135, Florida
Statutes, as amended from time to time.
D. Records shall be deleted in it's entirety and replaced with the following:
The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall
comply with Florida's Public Records Law. Specifically, the Contractor shall:
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1) Keep and maintain public records required by the CITY to perform the service;
2) Upon request from the CITY's custodian of public records, provide the CITY with a copy of
the requested records or allow the records to be inspected or copied within a reasonable time
at a cost that does not exceed the cost provided in chapter 119, Fla. Stat, or as otherwise
provided by law;
3) Ensure that public records that are exempt or that are confidential and exempt from public
record disclosure requirements are not disclosed except as authorized by law for the duration
of the Agreement term and, following completion of the contract, Contractor shall destroy all
copies of such confidential and exempt records remaining in its possession once the Contractor
transfers the records in its possession to the CITY; and
4) Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY,
all public records in Contractor's possession All records stored electronically by Contractor
must be provided to the CITY, upon request from the CITY's custodian of public records, in a
format that is compatible with the information technology systems of the CITY.
5) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS:
(CITY CLERK
3301 QUANTUM BLVD.
BOYNTON BEACH, FL, 33435.
561-742-6061.
PYLEJ@BBFL.US
Section 3. In the event that the State of Florida Agreement is amended, or terminated,
MEDICAL SOLUTIONS shall notify the City within ten (10) days. In the event the State of
Florida Agreement is amended or terminated prior to its expiration, this Agreement shall remain
in full force and effect, and not be deemed amended or terminated, until specifically amended or
terminated by the parties hereto.
Section 4. MEDICAL SOLUTIONS agrees that in the event it enters into a Agreement for
the same (or substantially similar) scope of services with another local government in Florida
which contains a term or condition, including fees, charges or costs, which the City determines to
be more favorable than the terms in this Contract, the parties shall enter into an Addendum to
provide those terms to the City.
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Env
Section 5. The insurance required shall require that the Certificate of Insurance name the
City of Boynton Beach as an additional insured.
Section 6. In all other aspects, the terns and conditions of the State of Florida MPA
Agreement and the MMCAP Agreement are hereby ratified and shall remain in full force and effect
under this Contract, as provided by their terms.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day
and year first written above.
ATTEST:
y
;i'tyClerk
APP
James A. Cherol, City Attorney
CITY OF BOYNTON BEACH, FLORIDA
By: -
Lori LaVerriere, City Manager
MEDICAL SOLUTIONS, INC.
WITNESSES:
BY:
Print Name:
�? r Title:
- i
ATTEST:
SECRETARY
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EXHIBIT A
AGREEMENT BETWEEN MINNESOTA
MULTISTATE CONTRACTING ALLIANCE FOR
PHARMACY, STATE OF FLORIDA AND MEDICAL
SOLUTIONS, INC.
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03
MEDICAL SUPPLIES AGREEMENT
This Agreement is made as of tlsis day of 2019 by and between HENRY
SCHEIN MEDICAL A DIVISION OF HENRY SCHEIN, INC., a Foreign corporation authorized
to do business in the State of Florida with an address of 135 Duryea Road, Melville NY 11747
("HENRY SCHEIN" or "Contractor"), and THE CITY OF BOYNTON BEACH, a Florida
municipal corporation, with a mailing address of Post Office Box 310, Boynton Beach, FL 33425
(the "City").
RECITALS
WHEREAS, The City's Fire EMS Department utilizes medical supplies and
pharmaceuticals which are consistently on backorder and utilizing the pricing from the State of
Florida Member -Requested Participation Agreement No. 42000000 -18 -ACS which is utilizing the
Minnesota Multistate Contracting Alliance for Pharmacy (MMCAP) Agreement No. MMS 18016
will add additional vendors for medical supplies to obtain a greater pool to purchase from; and
WHEREAS, HENRY SCHEIN, has agreed to allow the City to piggy -back the State of
Florida Member -Requested Participation Agreement No. 42000000 -18 -ACS to provide medical
supplies and pharmaceuticals through April 8, 2020 with three one-year options for renewal for an
estimated annual expenditure of $150,000.00 at prices based on State of Florida contract on an "as
needed" basis; and
NOW THEREFORE, in consideration of the mutual covenants contained herein, and for
other valuable consideration received, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
AGREEMENT
Section 1. The foregoing recitals are true and correct and are hereby incorporated in this
Agreement.
Section 2. The City and HENRY SCHEIN agree that HENRY SCHEIN shall provide
medical supplies and pharmaceuticals through April 9, 2020 with three one-year options for
renewal for an estimated annual expenditure of $150,000.00 at prices based on State of Florida
Member -Requested Participation Agreement No. 42000000 -18 -ACS which is utilizing the
Minnesota Multistate Contracting Alliance for Pharmacy (MMCAP) Agreement No. MMS 18016,
a copy of which is attached hereto as Exhibit "A", except as hereinafter provided:
A. All references to State of Florida, Florida DMS, State of Minnesota or Minnesota Multistate
Contracting Alliance for Pharmacy shall be deemed as references to the City of Boynton Beach.
Venue for any litigation arising under this Agreement must be in a court of competent
jurisdiction in Palm Beach County, Florida.
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B. All Notices to the City shall be sent to:
City: Lori LaVerriere, City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425
Telephone: (561) 742-6010 /Facsimile: (561) 742-6090
Copy : James A. Cherof, City Attorney
Goren, Cherof, Doody & Ezrol, PA.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, FL 33308
Telephone: (954) 771-4500
Facsimile: (954) 771-4923
C. The following terms and conditions are hereby incorporated into the Agreement:
Scrutinized Companies
By execution of this Agreement, in accordance with the requirements of F.S. 287-135 and
F.S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel.
Contractor further certifies that Contractor is not on the Scrutinized Companies that
Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not
on the Scrutinized Companies with Activities in file Iran Petroleum Energy Sector List, or
has Contractor been engaged in business operations in Syria. Subject to limited exceptions
provided in state law, the City will not contract for the provision of goods or services with
any scrutinized company referred to above. Submitting a false certification shall be deemed
a material breach of contract. The City shall provide notice, in writing, to Contractor of the
City's determination concerning the false certification. Contractor shall have five (5) days
from receipt of notice to refute the false certification allegation. If such false certification
is discovered during the active Agreement term, Contractor shall have ninety (90) days
following receipt of the notice to respond in writing and demonstrate that the determination
of false certification was made in error. If Contractor does not demonstrate that the City's
determination of false certification was made in error then the City shall have the right to
terminate the Agreement and seek civil remedies pursuant to Section 287.135, Florida
Statutes, as amended from time to time.
D. Records shall be deleted in it's entirety and replaced with the following:
The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall
comply with Florida's Public Records Law. Specifically, the Contractor shall:
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1) Keep and maintain public records required by the CITY to perform the service;
2) Upon request from the CITY's custodian of public records, provide the CITY with a copy of
the requested records or allow the records to be inspected or copied within a reasonable time
at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise
provided by law;
3) Ensure that public records that are exempt or that are confidential and exempt from public
record disclosure requirements are not disclosed except as authorized by law for the duration
of the Agreement term and, following completion of the contract, Contractor shall destroy all
copies of such confidential and exempt records remaining in its possession once the Contractor
transfers the records in its possession to the CITY; and
4) Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY,
all public records in Contractor's possession All records stored electronically by Contractor
must be provided to the CITY, upon request from the CITY's custodian of public records, in a
format that is compatible with the information technology systems of the CITY.
5) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS:
(CITY CLERK)
3301 QUANTUM BLVD.
BOYNT ON BEACH, FL, 33435.
561-742-6061.
PYLEJ@BBFL.US
Section 3. In the event that the State of Florida Agreement is amended, or terminated,
HENRY SCHEIN shall notify the City within ten (10) days. In the event the State of Florida
Agreement is amended or terminated prior to its expiration, this Agreement shall remain in full
force and effect, and not be deemed amended or terminated, until specifically amended or
terminated by the parties hereto.
Section 4. HENRY SCHEIN agrees that in the event it enters into a Agreement for the same
(or substantially similar) scope of services with another local government in Florida which contains
a term or condition, including fees, charges or costs, which the City determines to be more
favorable than the terms in this Contract, the parties shall enter into an Addendum to provide those
terms to the City.
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Section 5. The insurance required shall require that the Certificate of Insurance name the
City of Boynton Beach as an additional insured.
Section 6. In all other aspects, the terms and conditions of the State of Florida MPA
Agreement and the MMCAP Agreement are hereby ratified and shall remain in full force and effect
under this Contract, as provided by their terms.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day
and year first written above.
ATTEST:
iy Clerk
WITNESSES:
CITY OF BOYNTON BEACH, FLORIDA
By:
_A
Lori LaVerriere, CiVj Manager
HENRY SCHEIN MEDICAL A DIVISION
OF HENRY SCHEIN, INC.
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EXHIBIT A
AGREEMENT BETWEEN MINNESOTA
MULTISTATE CONTRACTING ALLIANCE FOR
PHARMACY, STATE OF FLORIDA AND HENRY
SCHEIN MEDICAL A DIVISION OF HENRY SCHEIN,
INC.
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