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R03-154 II RESOLUTION NO. R03- (5 L.{ A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND RANDALL L. WOLFF, M.D., AS THE NEW PROVIDER OF PRE-EMPLOYMENT PHYSICALS FOR ALL EMPLOYEES AND REQUIRED ANNUAL PHYSICALS FOR POLICE OFFICERS AN FIREFIGHTERS; AND PROVIDING AN EFFECTNE DATE. WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff, deems it to be in the best interests of the citizens of the City of Boynton Beach to enter into an Agreement between the City of Boynton Beach and Randall L. Wolff, M.D., providing for pre-employment examinations, and required annual physicals for police officers and firefighters; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission ofthe City of Boynton Beach hereby authorizes and directs the execution of an Agreement between the City of Boynton Beach and Randall F. Wolff, M.D., a copy of which agreement is attached hereto. Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~_ day of September, 2003. ATTEST: fj;c;::t 'tn. Ik...dc C' Clerk , ." s:ICAIREsOlAgreementslWolff Agreement - physlcals.doc R03-15'1 STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR THIS AGREEMENT made this a day of .sepTem~ , 2~ by and between the CITY OF BOYNTON BEACH (hereinafter called CITY) and Randall L. Wolff, M.D. (hereinafter called CONTRACTOR). WITNESSETH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned CONTRACTOR and CITY hereby represent that they have carefully examined all documents attached hereto, and will perform all requirements, pursuant to all covenants and conditions, as provided by this Agreement and any attachments. 2. The Agreement between the CITY and the CONTRACTOR include the following documents which are attached hereto and incorporated herein by reference of the following: AGREEMENT DOCUMENT (S) Standard Form of Agreement Scope of Services Professional Fees and Services PAGE NUMBERS A-1 - A-3 B-1 - B-4 C-1 A-I 3. The term of this Agreement shall commerce on the date written above and shall be for a period of three (3) years. The Contract will automatically renew for an additional two (2) years unless either party is notified by the other at least ninety (90) days prior to the end of this Agreement This Agreement may be terminated as follows: a. By either Party for Cause (defined for purposes of this Agreement as any 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 tennination and the Party receiving such notice has not cured such matter or matters within thirty (30) days of receipt thereof 4.. This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 5. All notices, requests, demands and other given if personally delivered or mailed certified mail, return receipt requested, to the following addresses: As to City: City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, Florida 33435 As to CONTRACTOR: Randall L. Wolff, M.D. 628 S.B. 5th Street, #4 Delray Beach, Florida 33483 6. The CONTRACTOR shall not, without prior written consent of the CITY, assign. any portion of its interest under this Agreement and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. A-2 7. The CITY and the CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto in respect to all covenants, conditions and obligations contained in the Agreement. 8. This Agreement shall be considered null and void unless signed by both the CONTRACTOR and the CITY. 9. This Agreement and the documents attached hereto and listed above constitute the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, \, .~ ::T~H KURT BRESSNER CITY MANAGER BOYNTON BEACH, Fl Approved as to form: ~'UL &:&fCity Attorney CONTRACTOR: By L'~-<w1~ /Z~A-("'l- tA/ '0 ,~ (please type or print name) . A-3 SCOPE OF SERVICES FOR THE CITY OF BOYNTON BEACH FIRE RESCUE BY THE CLINICAL SERVICES UNIT The Clinical Services Unit is proposing for the City of Boynton Beach Fire Rescue, Police Department and the City's general employees pre-employment physicals, annual physicals and fitness evaluations as listed below: A. General: 1. The CSU will conduct pre-employment and annual physicals for all firefighters and police officers. 2. The CSU will conduct new hire physical for all general employees requested by the City. This cost will be billed to the Human Resources Dept. for each exam. 3. The CSU Physician shall coordinate any and all laboratory testing necessary in conjunction with any and all examinations and testing performed by the CSU to comply with the terms of this Agreement 4. The CSU Physician and/or staff shall assume all billing responsibilities under the terms of this Agreement. This will include payment of all stress tests, chest x- rays, lab bills incurred for the exams. 5. The CSU Physician shall provide any and all necessary consultation and case review of examination results for the employee/patient The CSU Physician shall forward a written review of the examination results to the employee/patient. 6. The CSU Physician shall maintain any and all medical records created under this agreement. 7. The CSU Physician as well as any other employees of the CSU shall have the appropriate licenses or registrations as required by any local, state or federal law, rule or regulation. 8. All services and fees shall be billed monthly by the CSu. B-1 B. Fire Department and Police Deoartment Annual Phvsicials: 1. Annual Physical Evaluations for firefighters shall meet or exceed requirements established in NFPA 1582 Medical Requirements for Fire Fighters. A physician, nurse practitioner, physician assistant or equivalent shall conduct physicals. The shall inform the appropriate department only as to whether or not the candidate or current employee is medically certified to perform their duties. 2. The CSU Physician shall be responsible for guiding, directing and advising the employee with regard to their health, fitness and suitability for various duties. Firefighters health and fitness will be guided by standards established in NFP A 1500, Fire Department Occupational Safety and Health Program, Chapter 8, Section 8-6 "Fire Department Physician", as amended. 3. The CSU Physician shall provide immunization(s) as needed. 4. The CSU Physician shall perform a review of all office notes, EKG's and review all cases achieving abnormal results, deviations from baseline results as determined by comparison with previous examinations, and positive contagious disease profiles. 5. The CSU shall perform follow up monitoring and testing for exposure of an employee to air or blood borne pathogens, the initial testing must be performed as specified by the City Risk Management Worker's Compensation Policy. 6. The CSU Physician shall report patterns of deviation and/or abnormal results identified by review of the employees physical to the Department Chief in an effort to coordinate preventative measures to avoid or reduce further deviation. 7. If any requirements should change as a result of changes in the collective bargaining agreements, the City shall assume responsibility to notify the CSU Physician of said change. This agreement may be amended upon written approval of both parties. B-2 C. Firefighters and Police Officers Annual Exam Components: Firefighter exam reference NFPA 1582, Chapter 2-4, Periodic Medical Evaluation. 1. Establishment of Medical & Occupational History 2. Physical Examination including spinal exam 3. Range of motion and neurological reflex exam 4. EKG 5. Pulmonary Function Testing with pulse oximetry 6. Fitness Assessment by Certified Fitness Coordinator 7. Dietary and exercise program recommendations with follow-up as needed 8. Tetanus and Diphtheria as needed. 9. Hepatitis B Booster (series as needed) plus titers (quantitative) 10. Tuberculosis Test/Tine, PPD (chest X-ray as needed) 11. Stress Test (Treadmill) (At age 40 and every two years thereafter, or as clinically indicated) 12. CMP, LP, CBC, RPR,UA, Hep A,B,C and B quantitative, HIV (confirmation on positive results) TSH (when clinically indicated) 13. PSA (males over 40) 14. Drug Screening 15. Fitness Assessment D. Firefighter and Police Offer New Hire Examination Components: 1. Components same as annual physical. 2. Stress Test E. Firefighter and Police Testing for Infectious Disease: I. Confirmation and/or repeat testing for HIV, Hepatitis A, B, C and RPR. B-3 F. Hazardous Materials Technician Medical Surveillance: 2. Heavy Metal Screening (Mercury, Lead, Arsenic, Serum Cholinesterase) 3. Stress Test (treadmill) Bi-annua1 evaluation 4. Hazardous Materials Technician Response Team Entry Physical Examination (Baseline) 5. Hazardous Materials Technician Response Team Entry Physical Examination (Termination Medical Examination) 6. Acute Exposure Follow-up Testing 7. Delayed Exposure and Follow-up Testing. (Billed as worker's compensation) G. General EmployeeslNew Hire Phvsical Comocments: 1. Physical Examination, Visual Acuity and Peripheral Vision Testing 2. Tetanus and Diphtheria Booster as needed 3. Tuberculosis Test/Tine, PPD as needed. chest X-ray as necessary 4. Drug Screen H. General Emplovees-Immunization: 1. Hepatitis B Booster/series as needed. 2. Blood titers as necessary B-4 PROFESSIONAL FEES AND SERVICES Refer to Scope of Service Sections C - H C: Firefighter and Police Officer Annual Exam D: Firefighter and Police Officer New Hire Exam with Stress Test E: Testing for Infectious Disease F: Hazardous Material Technician Medical Surveillance with Stress Test G: General EmployeelNew Hire Physical H: General Employee-Immunization ADDITIONAL TESTING SERVICES AND FEES PPD Chest X-ray (as needed Drug Test (10-panel) Tetanus as needed Hepatitis B Series (as needed after hire) Titers (quantitative) Hepatitis B Booster (as needed) CRP Blood Test (when cardiac risk factors indicate) Hazmat Tests: Mercury - urine Arsenic - urine Lead - blood Cholinesterase - blood PSA (males over 40 years) ABO Blood typing (New hires only - firefighters) Stress Test Flu Shot Walk in clinic visit fee Facility Fee C-1 $300.00 600.00 75.00 150.00 450.00 182.50 150.00 7.50 130.00 75.00 15.00 150.00 15.00 50.00 30.00 150.00 20.00 30.00 300.00 15.00 20.00 5.00 CITY DF DELARY BEACH DELRAY BEACH ` GC N W 5s? AVENUE < DEL NAY BEACH, FLOR;DI-, 33«4 < 56„243 -7000 Ilegitigg AII America Cltyr December 10, 2007 1 Illr 1993 2001 Henry Schein / Matrx Medical Attn: Scott E. Bruner, Manager Customer Service P. O. Box 3227 Irmo, SC 29063 RE: Bid #2006 -43 Medical & Drug Supplies - Annual Contract Renewal Dear Mr. Bruner; Our Assistant City Manager, on December 10, 2007, approved the one year renewal with your company for the annual contract for Medical & Drug Supplies per Contract #2006 -43. Term of the contract will be from December 18, 2007 to December 17, 2008. We would like to thank you for your good service and interest in the City of Delray Beach. If you have any questions, you may contact me at (561) 243 -7161. Sincerely, 1, Patsy l adal, Sr. Buyer Attachments Cc: Joseph Safford, Finance Director Ed Crelin, Paramedic Lieutenant, Delray Fire Department Bob Taylor, Ocean Rescue Superintendent, City of Delray Beach Carol Doppler, City of Boynton Beach Procurement Services Michael Dauta - Warehouse Manager Michael Landress - EMS Chief Central File File SERVICE ° PERFORMANCE ° INTEGRITY ° RESPONSIBLE • INNOVATIVE ` TEAMWORK CITY OF ELBA REACH DELRAY BEACht ice N NJ 1st AJENUE ° DELRAY BEACH, LOP:DA .3444 561/243-7000 MI December 10, 2007 1993 2001 Alliance Medical, Inc. Attn: Christian Goodwin, Contract Assistant P. O. Box 147 Russellville, MO 65074 RE: Bid #2006 -43 Medical & Drug Supplies - Annual Contract Renewal Dear Ms. Goodwin; Our Assistant City Manager, on December 10, 2007, approved the one year renewal with your company for the annual contract for Medical & Drug Supplies per Contract #2006 -43. Term of the contract will be from December 18, 2007 to December 17, 2008 We would like to thank you for your good service and interest in the City of Delray Beach. If you have any questions, you may contact me at (561) 243 -7161. Sincerely, J a t adL Patsy adal Sr. Buyer Attachments: Cc. Joseph Safford, Finance Director Ed Crelin, Paramedic Lieutenant, Delray Fire Department Bob Taylor, Ocean Rescue Superintendent, City of Delray Beach Carol Doppler, City of Boynton Beach Procurement Services Michael Dauta - Warehouse Manager Michael Landress - EMS Chief Central File File SERVICE ° PERFORMANCE ° INTEGRITY ° RESPONSIBLE ° INNOVATIVE ° TEAMWORK EITY OF DELANY DEAC DELRAY BEACH t CO N Vv 1st AVENUE a DELRAY BEACH FLORIDA 33444 0 561/243 -7000 All- America City December 10, 2007 1993 2001 Southeastern Emergency Equipment Attn: Tanya Lowery, Customer Service Rep P. O. Box 1196 Wake Forest, NC 27588 RE. Bid #2006 -43 Medical & Drug Supplies - Annual Contract Renewal Dear Ms. Lowery; Our Assistant City Manager, on December 10, 2007, approved the one year renewal with your company for the annual contract for Medical & Drug Supplies per Contract #2006 -43 with the exception of item #168 and item #187. Current New Blood Pressure Bulbs $2 33 $3.25 Sphygmomanometer Gauges $4.65 $4.88 Term of the contract will be from December 18, 2007 to December 17, 2008. We would like to thank you for your good service and interest in the City of Delray Beach If you have any questions, you may contact me at (561) 243 -7161. Sincerel , ad( Pats,1 Nadal, Sr. Buyer Attachments: Cc: Joseph Safford, Finance Director Ed Crelin, Paramedic Lieutenant, Delray Fire Department Bob Taylor, Ocean Rescue Superintendent, City of Delray Beach Carol Doppler, City of Boynton Beach Procurement Services Michael Dauta - Warehouse Manager Michael Landress - EMS Chief Central File File PrfnfBd on Recycled nape/ H E EFk ORT /ALWAYS MATTERS CITY DF DELRAY BEACH DELRAY BEACH bad CO N W tsi AVENUE DELRAY BEACH. FLO. ;DA 334'4 561 7000 All - America City December 10, 2007 1993 2001 Sun Belt Medical / Emergi Source Attn Stacey Barksdale Price, Vice President 20 Capital Drive Hilton Head Island, SC 29926 RE. Bid #2006 -43 Medical & Drug Supplies - Annual Contract Renewal Dear Ms. Barksdale Price; Our Assistant City Manager, on December 10, 2007, approved the one year renewal with your company for the annual contract for Medical & Drug Supplies per Contract #2006 -43. Term of the contract will be from December 18, 2007 to December 17, 2008. We would like to thank you for your good service and interest in the City of Delray Beach. If you have any questions, you may contact me at (561) 243 -7161. Sincerely, 1 uLfS__ Pats adal, Sr. Buyer Attachments: Cc. Joseph Safford, Finance Director Ed Crelin, Paramedic Lieutenant, Delray Fire Department Bob Taylor, Ocean Rescue Superintendent, City of Delray Beach Carol Doppler, City of Boynton Beach Procurement Services Michael Dauta - Warehouse Manager Michael Landress - EMS Chief Central File File SERVICE ° PERFORMANCE • INTEGRITY ° RESPONSIBLE ` INNOVATIVE ° TEAMWORK CITY NF DE C 9EA AEERAY BEACH Wild m ° o C: N , A , 'st AVENUE: DELL -3, Y BEACH i_GB:DA 33444 56',242-70C,0 i All-America Cityr December 10, 2007 r 1 1 1! 1993 2001 Bound Tree Medical LLC Attn Cathy A. Taylor, Bid and Contract Manager 5200 Rings Road, Suite A Dublin, OH 43014 RE: Bid #2006 -43 Medical & Drug Supplies- Annual Contract Renewal Dear Ms. Taylor; Our Assistant City Manager, on December 10, 2007, approved the one year renewal with your company for the annual contract for Medical & Drug Supplies per Contract #2006 -43. Term of the contract will be from December 18, 2007 to December 17, 2008. We would like to thank you for your good service and interest in the City of Delray Beach. If you have any questions, you may contact me at (561) 243 -7161. clo incerely, /.i Patsy 0 adal, Sr. Buyer r Attachments: . ; ..� t Cc: Joseph Safford, Finance Director ' Ed Crelin, Paramedic Lieutenant, Delray Fire Department - Bob Taylor, Ocean Rescue Superintendent, City of Delray Beach _ ; Carol Doppler, City of Boynton Beach Procurement Services C. Michael Dauta - Warehouse Manager Michael Landress - EMS Chief Central File File SERVICE ° PERFORMANCE ° INTEGRITY ° RESPONSIBLE ° INNOVATIVE ° TEAMWORK P,zy. ��. V.- CONSENT AGENDA � CITY OF BOYNTON BEAT ITEM C.4 °� t, AGENDA ITEM REQUEST Fi�.i �10N Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ❑ August 5, 2003 July 14, 2003 (Noon ) ❑ October 7, 2003 September 15, 2003 (Noon) ❑ August 19, 2003 August 4, 2003 (Noon) ❑ October 21, 2003 oak 6, 2003 (Noon) ® September 2, 2003 August 18, 2003 (Noon) ❑ November 5 � October 20, 2003 (Noon) r---, ❑ September 16, 2003 September 2, 2003 (Noon) ❑ I�cb r , 2003 November 3, 2003 (Noon) r —C v i . 5 .- - 1 S h e Q RO JP L w A El Administrative Legal - NATURE OF 111 Announcement E] w Business c3 AGENDA ITEM t~� El City Manager's Report Presentation (", p i ® Consent Agenda El Public Hearing `� ' =' ❑ Code compliance /Legal Settlements ❑ Unfinished Business ` RECOMMENDATION: Approval of the contract with Randall L Wolff, M.D as the new provider of pre - employment physicals for all employees and required annual physicals for police officers and firefighters EXPLANATION: Over the last year the City has had a contract for services with another provider; however, the level service provided to the City has been marginal at best, with several issues of concern. At this time we are recommending that the City Of Boynton Beach transition to the services provided by Dr. Randall L Wolff, M.D , currently located at the Clinical Services Unit for the City of Delray Beach Fire- Rescue Department, as the new provider required services The services provided by Dr Wolff and his staff comes highly recommended by the City of Delray Beach, currently their clinic's only customer The services to be provided to the City Of Boynton Beach, as proposed, will far exceed the City's current requirements while providing the opportunity for additional service to all City Of Boynton Beach employees PROGRAM IMPACT All employees, full and part-time are required to receive pre - employment exams to determine their ability to meet the physical requirements of the job for which they have applied. All police officers and firefighters ale required to complete thorough annual physicals to meet state mandated requirements. FISCAL IMPACT: Dr Wolff has provided a detailed price schedule, which lists each of the proposed services separately Based on forecasted attrition and hinng rates, the projected expense of services will be within the budget amount for the coming year. ALTERNATIVES: • Continue the current contract, providing only marginal service and continued employee complaints regarding treatment and services. Depa -nt ead' Signature Ci anager's Signature Depailiiient Name City Attorney i Finance / uman Resources i RESOLUTION NO. R03- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND RANDALL L. WOLFF, M.D., AS THE NEW PROVIDER OF PRE - EMPLOYMENT PHYSICALS FOR ALL EMPLOYEES AND REQUIRED ANNUAL PHYSICALS FOR POLICE OFFICERS AN FIREFIGHTERS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff, deems it to be in the best interests of the citizens of the City of Boynton Beach to enter into an Agreement between the City of Boynton Beach and Randall L. Wolff, M.D., providing for pre - employment examinations, and required annual physicals for police officers and firefighters; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach hereby authorizes and directs the execution of an Agreement between the City of Boynton Beach and Randall F. Wolff, M.D., a copy of which agreement is attached hereto. Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of September, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk S \CA\RESOWgreements\Wotff Agreement - physicals doc CONSULTANT AGREEMENT FORM THIS AGREEMENT, is entered into on this day of , 2003, by and between the City of Boynton Beach, hereinafter referred to as "the City ", and Randall L. Wolff, M.D., hereinafter referred to as "the Consultant ", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Consultant is retained by the City to perform pre - employment and required annual medical physicals and fitness evaluations for applicants and employees of the City of Boynton Beach. 2. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. TERM. The term of this Agreement shall commence on the date written above and shall be for a period of three (3) years. The Agreement shall automatically renew for an additional two (2) year period, unless either party is notified by the other at least ninety (90) days prior to the expiration of the initial three (3) year term of this Agreement or the Agreement is otherwise terminated pursuant to Section 14 below. 4. PAYMENT. The Consultant shall be paid by the City or completed work and for services rendered under this agreement as follows: a. Payment for the work provided by Consultant shall be made as provided on Exhibit B. b. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for project completed to date. Such vouchers will be checked by the City, and upon approval thereof, payment will be made to the Consultant in the approved amount. c. Final payment of any balance due the Consultant 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 acceptance by the City. d. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The Consultants records and accounts pertaining to the agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after final payments or in accordance with specific State of Florida records retention requirements, whichever is longer. Copies of any such documents shall be made available to City upon request. 5. OWNERSHIP AND USE OF DOCUMENTS. All documents, records, and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City. Such documents and records, including medical records, shall be made available to City upon request and within ten (10) days of the expiration or earlier termination of this Agreement. 6. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with ail federal, state, and local laws, ordinances and regulations that are applicable to the services to be rendered under this Agreement. 7. INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City, its officers, 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 person, the employees, or damage to property occasioned by a negligent act, omission or failure of the Consultant in performing the services contemplated in this Agreement. 8. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this contract those policies of insurance having minimum coverages as identified in the attached Exhibit "C ". Said insurance policies 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. 9. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant 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 consultant nor employee of consultant 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 Consultant, or any employee of Consultant. 10. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, 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 Consultant, 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 be 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. 11. DISCRIMINATION PROHIBITED. The Consultant, 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. 12. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered on contemplated by this Agreement without the express written consent of the City. 13. 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. 14. TERMINATION. The City reserves the right to terminate this Agreement at its discretion at any time by providing at least thirty (30) days written notice to the Consultant. Either party may terminate this Agreement for cause if the terminating party has provided the other party with written notice of the matters 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 thereof. 15. DISPUTES. Any dispute out of the terms or conditions of this Agreement shall be adjudicated within the courts of Palm Beach County, Florida. Further, this Agreement shall be interpreted and construed under the laws of the State of Florida. 16. NOTICES. Notices to the City of Boynton Beach shall be hand - delivered of mailed via certified U.S. Mail, return receipt requested, to the following addresses: CITY OF BOYNTON BEACH Attn: City Manager P.O. BOX 310 BOYNTON BEACH, FL 33425 -0310 Notices to Consultant shall be sent to the following address: RANDALL L. WOLFF, M.D. 628 S.E. 5 Street, #4 Delray Beach, FL 33483 17. SEVERABILITY. The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both the City and Consultant. CITY OF BOYNTON BEACH Title Attest/Authenticated: City Clerk Approved as to Form: Office of the City Attorney CONSULTANT RANDALL L. WOLFF, M.D. Witnesses: Print name: Randall L. Wolff Print Name: e ca Vpreementr\Wolft Conwltrp Apmtdoc SCOPE OF SERVICES FOR THE CITY OF BOYNTON BEACH FIRE RESCUE BY THE CLINICAL SERVICES UNIT The Clinical Services Unit is proposing for the City of Boynton Beach Fire Rescue, Police Department and the City's general employees pre- employment physicals, annual physicals and fitness evaluations as listed below: A. General: 1. The CSU will conduct pre - employment and annual physicals for all firefighters and police officers. 2. The CSU will conduct new hire physical for all general employees requested by the City. This cost will be billed to the Human Resources Dept. for each exam. 3. The CSU Physician shall coordinate any and all laboratory testing necessary in conjunction with any and all examinations and testing performed by the CSU to comply with the terms of this Agreement. 4. The CSU Physician and/or staff shall assume all billing responsibilities under the terms of this Agreement. This will include payment of all stress tests, chest x- rays, lab bills incurred for the exams. 5. The CSU Physician shall provide any and all necessary consultation and case review of examination results for the employee/patient The CSU Physician shall forward a written review of the examination results to the employee/patient 6. The CSU Physician shall maintain any and all medical records created under this agreement. 7. The CSU Physician as well as any other employees of the CSU shall have the appropriate licenses or registrations as required by any local, state or federal law, rule or regulation. 8. All services and fees Shall be billed monthly by the CSU. t1/4 if B. Fire Department and Police Department Annual Phvsicials: 1. Annual Physical Evaluations for firefighters shall meet or exceed requirements established in NFPA 1582 Medical Requirements for Fire Fighters. A physician, nurse practitioner, physician assistant or equivalent shall conduct physicals. The shall inform the appropriate department only as to whether or not the candidate or current employee is medically certified to perform their duties. 2. The CSU Physician shall be responsible for guiding, directing and advising the employee with regard to their health, fitness and suitability for various duties. Firefighters health and fitness will be guided by standards established in NFPA 1500, Fire Department Occupational Safety and Health Program, Chapter 8, Section 8-6 "Fire Department Physician", as amended. 3. The CSU Physician shall provide immunization(s) as needed. 4. The CSU Physician shall perform a review of all office notes, EKG's and review all cases achieving abnormal results, deviations from baseline results as determined by comparison with previous examinations, and positive contagious disease profiles. 5. The CSU shall perform follow up monitoring and testing for exposure of an employee to air or blood borne pathogens, the initial testing must be performed as specified by the City Risk Management Worker's Compensation Policy. 6. The CSU Physician shall report patterns of deviation and/or abnormal results identified by review of the employees physical to the Department Chief in an effort to coordinate preventative measures to avoid or reduce further deviation. 7. If any requirements should change as a result of changes in the collective bargaining agreements, the City shall assume responsibility to notify the CSU Physician of said change. This agreement may be amended upon written approval of both parties. C. Firefighters and Police Officers Annual Exam Components: Firefighter exam reference NFPA 1582, Chapter 2-4, Periodic Medical Evaluation. 1. Establishment of Medical & Occupational History 2. Physical Examination including spinal exam 3. Range of motion and neurological reflex exam _ 4. EKG 5. Pulmonary Function Testing with pulse oximetry 6. Fitness Assessment by Certified Fitness Coordinator 7. Dietary and exercise program recommendations with follow-up as needed 8. Tetanus and Diphtheria as needed. 9. Hepatitis B Booster (series as needed) plus titers (quantitative) 10. Tuberculosis Test/ Tine, PPD (chest X-ray as needed) 11. Stress Test (Treadmill) (At age 40 and every two years thereafter, or as clinically indicated) 12. CMP, LP, CBC, RPR,UA, Hep A,B,C and B quantitative, HIV (confirmation on positive results) TSH (when clinically indicated) 13. PSA (males over 40) 14. Drug Screening 15. Fitness Assessment D. Firefighter and Police Offer New Hire Examination Components: 1. Components same as annual physical. 2. Stress Test E. Firefighter and Police Testing for Infectious Disease: 1. Confirmation and/or repeat testing for HIV, Hepatitis A, B, C and RPR. . PROFESSIONAL FEES AND SERVICES Refer to Scope of Service Sections C - H C: Firefighter and Police Officer Annual Exam $300.00 D: Firefighter and Police Officer New Hire Exam with Stress Test 600.00 E: Testing for Infectious Disease 75.00 F: Hazardous Material Technician Medical Surveillance 150.00 with Stress Test 450.00 G: General Employee/New Hire Physical 182.50 H: General Employee- Immunization 150.00 ADDITIONAL TESTING SERVICES AND FEES PPD 7.50 Chest X -ray (as needed 130.00 Drug Test (10- panel) 75.00 Tetanus as needed 15.00 Hepatitis B Series (as needed after hire) 150.00 Titers (quantitative) 15.00 Hepatitis B Booster (as needed) 50.00 CRP Blood Test (when cardiac risk factors indicate) 30.00 Hazmat Tests: _ 150.00 Mercury — urine - Arsenic — urine Lead — blood Cholinesterase — blood PSA (males over 40 years) 20.00 ABO Blood typing (New hires only — firefighters) 30.00 Stress Test 300.00 Flu Shot 15.00 Walk in clinic visit fee 20.00 Facility Fee 5.00 kl 1, 8 F. Hazardous Materials Technician Medical Surveillance: 2. Heavy Metal Screening (Mercury, Lead, Arsenic, Serum Cholinesterase) 3. Stress Test (treadmill) Bi- annual evaluation 4. Hazardous Materials Technician Response Team Entry Physical Examination. (Baseline) 5. Hazardous Materials Technician Response Team Entry Physical Examination (Termination Medical Examination) _ 6. Acute Exposure Follow-up Testing 7. Delayed Exposure and Follow-up Testing. (Billed as worker's compensation) G. General Emolovees/New Hire Physical Components: 1. Physical Examination, Visual Acuity and Peripheral Vision Testing 2. Tetanus and Diphtheria Booster as needed 3. Tuberculosis Test/Tine, PPD as needed, chest X -ray as necessary 4. Drug Screen H. General Employees- Immunization: 1. Hepatitis B Booster /series as needed. 2. Blood titers as necessary City of Boynton Beach • Risk Management Di. ion . -. ' INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of "B +" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) MINIMUM LIMITS REOUIRED General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products - Comp/Op Agg. $ 1,000,000.00 Owners & Contractor's Protective (OCP) Personal & Adv. Injury $ 1,000,000.00 Liquor Liability Each Occurrence $ 1,000,000.00 Professional Liability Fire Damage (any one fire) $ 50,000.00 Employees & Officers Med. Expense (any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability . Automobile Liability Combined Single Limit $ 500,000.00 Any Auto Bodily Injury (per person) to be determined All Owned Autos Bodily Injury (per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non -Owned Autos PIP Basic Intermodal Garage Liability Auto Only, Each Accident $ 1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease, Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 Property Homeowners Revocable Permit $ 300,000.00 Builders Risk Limits based on Project Cost Other - As Risk Identified - to be determined INSURANCEADVISORYFORM04 �i — /1 Revised 10/2001 CITY OF DELRAY BEACH FIRE - RESCUE DEPARTMENT CLINICAL SERVICES UNIT RANDALL L. WOLFF, M.D. 501 W. ATLANTIC AVENUE DELRAY BEACH, FLORIDA 33444 561- 243 -7499 / FAX 561- 243 -7475 Chief Jim Ness Boynton Beach Fire Rescue 100 East Boynton Beach Blvd Boynton Beach, Florida 33435 June 25, 2003 Dear Chief Ness: The enclosed documents will serve as our response to your request for information regarding the Clinical Service Unit at the Delray Beach Fire Department serving as the Boynton Beach Fire Rescue's medical and health provider. We propose to model the care delivered to the employees of Boynton Beach to that given to City of Delray Beach employees. The highest level of medical care is practiced on a daily basis at the Clinical Service Unit at Delray Beach Fire Rescue. The Clinical Service Unit (CSU) presently serves the City of Delray Beach and Highland Beach by seeing nearly one thousand visits per year by City workers. All physical exams, blood work, and other supporting testing are performed through the CSU on all City of Delray Beach employees including Fire - Rescue, Police, Beach Patrol and other City employees. The Clinic is located in the Delray Beach Fire Department at 500West Atlantic Avenue. This provides a unique opportunity for interaction of the Clinic with Fire - Rescue on a daily basis. The Clinic is devoted to City employees and their families only. Confidentiality is preserved, yet the camaraderie that has developed between the Clinic personnel and the Department has fostered a relationship such that the Clinic staff are felt to be members of the Fire Department family. Administration, the Union, rank and file and all employees and family have our full attention. The Medical Director and Staff address issues immediately. City personnel feel that it is `their' Clinic. The Clinic now sees walk in City employees for a nominal charge for minor illnesses and injuries. As the only patients being seen are City employees, the waiting time is minimal to non - existent. The clinic has initiated a fitness program. Initially teamed up with the 911 Fitness Challenge, it has evolved into an ongoing Fitness Challenge. The Clinic's Certified Fitness Coordinator supervises the program. City personnel receive dietary instructions as well as advise from our Certified Fitness Coordinator on customized exercise programs. This effort has had a positive impact on the Wellness and Fitness of Fire - Rescue personnel with significant results in decreasing body fat, improving strength and agility, and improving overall health. This is indeed the desire of both the Department as well as the Clinic. Too often physicians and departments just go through the motions of having a yearly physical by obtaining data and filing it in a chart. There is usually minimal interaction between the medical staff and personnel. That is not what we do. Each patient is treated with respect and given the care and devotion that we would use to treat our family. The philosophy of the Clinic Staff is that we always do what is in the best interest of the patient. The Medical Director and Staff use NFPA 1582 as the guidelines for Fire Rescue personnel. The Clinic has been in existence for nearly three years seeing nearly 1000 visits per year. We continually strive to improve the service that is offered. The Clinic is developing a mood assessment tool to assess depression and other mood disorders. This is being added to the routine yearly exams on all personnel. In summary, we propose that Boynton Beach use the Clinical Service Unit at the Delray Beach Fire Department as your medical care provider We would also propose developing a plan to perform workman's compensation evaluations at the facility Should you have any questions, please feel free to contact me. The Clinic looks forward to working closely with you.. Sincerely yours, Randall L. Wolff, M.D. Medical Director CITY OF DELRAY BEACH FIRE - RESCUE DEPARTMENT CLINICAL SERVICES UNIT RANDALL L. WOLFF, M.D. 501 W. ATLANTIC AVENUE DELRAY BEACH, FLORIDA 33444 561- 243 -7499 / FAX 561- 243 -7475 ANNUAL MEDICAL PHYSICAL EXAMINATION (Fire Department) Complete History and Physical Examination to include: Establishment of Medical & Occupational History Physical Examination including spinal exam Range of motion and neurological reflex exam EKG Pulmonary Function Testing with pulse oximetry Complete Visual Acuity including peripheral and color vision and depth of field Audiometry in soundproof booth Fitness Assessment by Certified Fitness Coordinator Dietary and exercise program recommendations with follow -up as needed Diagnostic Testing to include: CBC (complete blood count with differential) Complete Urinalysis with microscopic exam TSH (when clinically indicated) Complete Metabolic Panel Lipid Panel (Triglycerides, Cholesterol — HDL & LDL — HDL to LDL ratio) HIV screening RPR Hepatitis = A,B,C and B quantitative (Confirmation on positive results) Total Cost .$ 300.00 • CITY OF DELRAY BEACH FIRE- RESCUE DEPARTMENT CLINICAL SERVICES UNIT RANDALL L. WOLFF, M.D. 501 W. ATLANTIC AVENUE DELRAY BEACH, FLORIDA 33444 561- 243 -7499 / FAX 561- 243 -7475 PPD 7.50 Chest X -ray (as needed 130.00 Drug Test (10- panel) 75.00 Tetanus as needed 15.00 Hepatitis B Series (as needed after hire) 150.00 Titers (quantitative) 15.00 Hepatitis B Booster (as needed) 50.00 CRP Blood Test (when cardiac risk factors indicate) 30.00 Hazmat Tests: 150.00 Mercury — urine Arsenic — urine Lead — blood Cholinesterase — blood PSA (males over 40 years) 20.00 ABO Blood typing (New hires only — firefighters) 30.00 Stress Test 300.00 (New Hire, Hazmat every other year and after age 40 every other year thereafter, or as otherwise indicated) Flu Shot 15.00 Walk in clinic visit fee 20.00 Facility Fee (to be determined by the departments) Professional Firefighters & Paramedics of Delray Beach, Local 1842 — I.A.F.F. P.O. Box 583, Delray Beach, Florida 33447 -0583 (561) 243 -7426 Fire Department Clinic Presentation February 11, 2003 For the past 25 years, the United States Fire Administration has tracked _ - firefighter fatalities and conducted annual analysis of firefighter deaths. The focus of their effort is to identify specific problems and provide solutions to reduce firefighter fatalities. Each year, approximately 100 firefighters are killed while on duty in the United States and tens of thousands are injured. In 2002, 102 firefighters died while on duty in the United States. Since the study was initiated in 1978, the leading cause of firefighter fatalities has been due to heart attack. The International Association of Firefighters and the International Association of Fire Chiefs have worked hand in hand in developing the Wellness/Fitness Initiative in an effort to improve firefighter health and reduce firefighter heart attack deaths. In 2001, the Delray Beach Fire - Rescue Department approached Dr. Randall Wolff, our Medical Director and asked him if he would be interested in assuming the responsibility as our Fire Department Physician also. As our Fire Department Physician, he and his staff would conduct comprehensive annual physicals in compliance or exceeding guidelines established in NFPA 1582. We also requested his staff include a fitness assessment with each firefighter annual physical. This was established to provide a fitness baseline and offer guidance on improving or maintaining their level of fitness. Additionally, the City of Delray Beach requested that Dr. Randall Wolff and his staff perform all entry and annual physicals for the police officers, beach patrol and all general employees. We are here today to recognize Dr. Randall Wolff, Physician Assistant Barbara Garcia and Linda Wolff, Clinic Manager for their extraordinary effort in exceeding all expectations and surpassing all contract obligation. Dr. Randall Wolff and his staff have worked diligently to maintain and improve the health of the Delray Beach Fire - Rescue firefighters. They have embraced the Health & Wellness Initiative and developed innovative programs to promote firefighter fitness. They have addressed the crucial issues of better nutrition, proper hydration, improved aerobic conditioning and body fat reduction to enhance firefighter performance and survival in this dangerous and demanding profession. They have taken the initiative to tackle national concerns in the fire service. Recognizing and reducing firefighter psychological stress, monitoring patterns in hearing loss, decreased pulmonary function and possible renal impairment throughout the firefighters career. On behalf of the Delray Beach Fire-Rescue Department and the Professional Firefighters & Paramedics of Delray Beach, Local 1842, we commend Dr. Randall Wolff and'your staff in your efforts to improve and promote firefighter health and safety. Thank you. Sincerely, Mike Wise Vice - President Local 1842 statutes -View Statutes - >2002- :10287- >Sect ;or 057: tsenate.gov Page : of f 1 s e n a t e , gov welcome Session Committees Senators Information Statutes & Lobbyist Center Constitution Information View Statutes Search Statutes Constitution Laws of Florida Order Select Year: 12002 G o The 2002 Florida Statutes Title XIX Chapter 287 View Entire PUBLIC PROCUREMENT OF PERSONAL PROPERTY AND Chapter BUSINESS SERVICES 287.057 Procurement of commodities or contractual services.- - (1)(a) Unless otherwise authorized by law, all contracts for the purchase of commodities or contractual services in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO shall be awarded by competitive sealed bidding. An invitation to bid shall be made available simultaneously to all vendors and must include a detailed description of the commodities or contractual services sought; the time and date for the receipt of bids and of the public opening; and all contractual terms and conditions applicable to the procurement, including the criteria to be used in determining acceptability of the bid. If the agency contemplates renewal of the contract, that fact must be stated in the invitation to bid. The bid shall include the price for each year for which the contract may be renewed. Evaluation of bids shall include consideration of the total cost for each year as submitted by the vendor. Criteria that were not set forth in the invitation to bid may not be used in determining acceptability of the bid. (b) The contract shall be awarded with reasonable promptness by written notice to the responsible and responsive vendor that submits the lowest responsive bid. This bid must be determined in writing to meet the requirements and criteria set forth in the invitation to bid. (2)(a) If an agency determines in writing that the use of an invitation to bid is not practicable, commodities or contractual services shall be procured by competitive sealed proposals. A request for proposals shall be made available simultaneously to all vendors, and must include a statement of the commodities or contractual services sought; the time and date for the receipt of proposals and of the public opening; and all contractual terms and conditions applicable to the procurement, including the criteria, which shall include, but need not be limited to, price, to be used in determining acceptability of the proposal. The relative importance of price and other evaluation criteria shall be indicated. If the agency contemplates renewal of the commodities or contractual services contract, that fact must be stated in the request for proposals. The proposal shall include the price for each year for which the contract may be renewed. Evaluation of proposals shall include consideration of the total cost for each year as submitted by the vendor. (b) The contract shall be awarded to the responsible and responsive vendor whose proposal is determined in writing to be the most advantageous to the state, taking into consideration the price and the other criteria set forth in the request for proposals. The contract file shall contain documentation supporting the basis on which the award is made. (3)(a) If the agency determines in writing that the use of an invitation to bid or a request for proposals will not result in the best value to the state, the agency may procure commodities and contractual services by competitive sealed replies. The agency's written determination must specify reasons that explain why negotiation may be necessary in order for the state to achieve the best value and must be approved in writing by the agency head or his or her designee prior to the advertisement of an invitation to negotiate. An invitation to negotiate shall be made available to all vendors simultaneously and must include a statement of the commodities or contractual services sought; the time and date for the receipt of replies and of the public opening; and all terms and conditions applicable to the procurement, including the criteria to be used in determining the acceptability of the reply. If the agency contemplates renewal of the contract, that fact must be stated in the invitation to negotiate. The reply shall include the price for each year for which the contract may be renewed. http: / /www flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search String= &URL= ChO287... 4i1 4 '2003 src'u es - >V;eu .,2267- ec7;c7 (b) I he agency shall evaluate and rank responsive replies against all evaluation _= in the mutation to negotiate and shall select, based on the ranking, one or more ven :: whrcn •o commence negotiations. After negotiations are conducted, the agency snag : .= contract to the responsible and responsive vendor that the agency determines will r_ . :- best value to the state. The contract file must contain a short plain statement that ex :: -- - basis for vendor selection and that sets forth the vendor's deliverables and price, pu- sua,-. _ contract, with an explanation of how these deliverables and price provide the best value .c state. (4) Prior to the time for receipt of bids, proposals, or replies, an agency may conduct a conference or written question and answer period for purposes of assuring the vendor s fu! understanding of the solicitation requirements. The vendors shall be accorded fair and equa, treatment. (5) When the purchase price of commodities or contractual services exceeds the threshold amount provided in s. 287.017 for CATEGORY TWO, no purchase of commodities or contractual services may be made without receiving competitive sealed bids, competitive sealed proposals, or competitive sealed replies unless: (a) The agency head determines in writing that an immediate danger to the public health, safety, or welfare or other substantial loss to the state requires emergency action. After the agency head makes such a written determination, the agency may proceed with the procurement of commodities or contractual services necessitated by the immediate danger, without receiving competitive sealed bids, competitive sealed proposals, or competitive sealed replies. However, such emergency procurement shall be made by obtaining pricing information from at least two prospective vendors, which must be retained in the contract file, unless the agency determines in writing that the time required to obtain pricing information will increase the immediate danger to the public health, safety, or welfare or other substantial loss to the state. The agency shall furnish copies of all written determinations certified under oath and any other documents relating to the emergency action to the department. A copy of the statement shall be furnished to the Comptroller with the voucher authorizing payment. The individual purchase of personal clothing, shelter, or supplies which are needed on an emergency basis to avoid institutionalization or placement in a more restrictive setting is an emergency for the purposes of this paragraph, and the filing with the department of such statement is not required in such circumstances. In the case of the emergency purchase of insurance, the period of coverage of such insurance shall not exceed a period of 30 days, and all such emergency purchases shall be reported to the department. (b) The purchase is made by an agency from a state term contract procured, pursuant to this section, by the department or by an agency, after receiving approval from the department, from a contract procured, pursuant to subsection (1), subsection (2), or subsection (3), by another agency. (c) Commodities or contractual services available only from a single source may be excepted from the competitive - solicitation requirements. When an agency believes that commodities or contractual services are available only from a single source, the agency shall electronically post a description of the commodities or contractual services sought for a period of at least 7 business days. The description must include a request that prospective vendors provide information regarding their ability to supply the commodities or contractual services described. If it is determined in writing by the agency, after reviewing any information received from prospective vendors, that the commodities or contractual services are available only from a single source, the agency shall: 1. Provide notice of its intended decision to enter a single- source purchase contract in the manner specified in s. 120.57(3), if the amount of the contract does not exceed the threshold amount provided in s. 287.017 for CATEGORY FOUR. 2. Request approval from the department for the single- source purchase, if the amount of the contract exceeds the threshold amount provided in s. 287.017 for CATEGORY FOUR. The agency shall initiate its request for approval in a form prescribed by the department, which request may • be electronically transmitted. The failure of the department to approve or disapprove the agency's request for approval within 21 days after receiving such request shall constitute prior approval of the department. If the department approves the agency's request, the agency shall provide notice of its intended decision to enter a single- source contract in the manner specified in s. 120.57(3) lttp: / /www.flsenate.gov/Statutes /index.cfm ?App mode = Display Statute &Search String= &URL= C1i028" /.. 4/14/2003 statutes - >View Statutes - >2002 -= 028 7- >Secior ; . (d) When it is in the best interest of the state, the secretary of the department cr designee may authorize the Support Program to purchase insurance by negotiation, purchase shall be made only under conditions most favorable to the public interest (e) Prescriptive assistive devices for the purpose of medical, developmental, or vocationa) rehabilitation of clients are excepted from competitive - solicitation requirements and snap oe procured pursuant to an established fee schedule or by any other method which ensures the = =: price for the state, taking into consideration the needs of the client. Prescriptive assistive device include, but are not limited to, prosthetics, orthotics, and wheelchairs. For purchases made pursuant to this paragraph, state agencies shall annually file with the department a descnotio of the purchases and methods of procurement. • ._ • .1 •--,••• : ■d commodities are not subject to the competitive f+egeiirewie b lhia • f 1. Artistic services. 2. Academic program reviews. 3. Lectures by individuals. 4. Auditing services. 5. Legal services, including attorney, paralegal, expert witness, appraisal, or mediator services. a{tt��aww olving examination, diagnosis, treatment, prevention, medical consultation, p' 7. Services provided to persons with mental or physical disabilities by not - for - profit corporations which have obtained exemptions under the provisions of s. 501(c)(3) of the United States Internal Revenue Code or when such services are governed by the provisions of Office of Management and Budget Circular A -122. However, in acquiring such services, the agency shall consider the ability of the vendor, past performance, willingness to meet time requirements, and price. 8. Medicaid services delivered to an eligible Medicaid recipient by a health care provider who has not previously applied for and received a Medicaid provider number from the Agency for Health Care Administration. However, this exception shall be valid for a period not to exceed 90 days after the date of delivery to the Medicaid recipient and shall not be renewed by the agency. 9. Family placement services. 10. Prevention services related to mental health, including drug abuse prevention programs, child abuse prevention programs, and shelters for runaways, operated by not - for - profit corporations. However, in acquiring such services, the agency shall consider the ability of the vendor, past performance, willingness to meet time requirements, and price. 11. Training and education services provided to injured employees pursuant to s. 4 49(1) 12. Contracts entered into pursuant to s. 337.11. 13. Services or commodities provided by governmental agencies. (g) Continuing education events or programs that are offered to the general public and for which fees have been collected that pay all expenses associated with the event or program are exempt from requirements for competitive solicitation. (6) If less than two responsive bids, proposals, or replies for commodity or contractual services purchases are received, the department or other agency may negotiate on the best terms and conditions. The department or other agency shall document the reasons that such action is in the best interest of the state in lieu of resonating competitive sealed bids, proposals, or replies. Each ittp: / /www.flsenate.gov /Statutes /index.cfm ?App mode = Display Statute &Search String= &URL= ChO2'S i . 4,114200; statutes - >`v :ew Statutes- >2002- h0287- >Secfor 057:.` :senate.gov Page d of - agency shall report all such actions to this department on a quarterly basis, in a manner and form prescribed by the department. (7) Upon issuance of any solicitation, an agency shall, upon request by the department, forward to the department one copy of each solicitation or all commodity and contractual services purchases in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO. An agency shall also, upon request, furnish a copy of all competitive- solicitation tabulations. The Office of Supplier Diversity may also - equest from the agencies any information submitted to the department pursuant to this subsection. (8)(a) In order to strive to meet the minority business enterprise procurement goals set forth in s. 287.09451, an agency may reserve any contract for competitive solicitation only among certified minority business enterprises. Agencies shall review all their contracts each fiscal year and shall determine which contracts may be reserved for solicitation only among certified minority business enterprises. This reservation may only be used when it is determined, by reasonable and objective means, before the solicitation that there are capable, qualified certified minority business enterprises available to submit a bid, proposal, or reply on a contract to provide for effective competition. The Office of Supplier Diversity shall consult with any agency in reaching such determination when deemed appropriate. (b) Before a contract may be reserved for solicitation only among certified minority business enterprises, the agency head must find that such a reservation is in the best interests of the state. All determinations shall be subject to s. 287.0945(5). Once a decision has been made to reserve a contract, but before sealed bids, proposals, or replies are requested, the agency shall estimate what it expects the amount of the contract to be, based on the nature of the services or commodities involved and their value under prevailing market conditions. If all the sealed bids, proposals, or replies received are over this estimate, the agency may reject the bids, proposals, or replies and request new ones from certified minority business enterprises, or the agency may reject the bids, proposals, or replies and reopen the bidding to all eligible vendors. (c) All agencies shall consider the use of price preferences of up to 10 percent, weighted preference formulas, or other preferences for vendors as determined appropriate pursuant to guidelines established in accordance with s. 287,09451(4) to increase the participation of minority business enterprises. (d) All agencies shall avoid any undue concentration of contracts or purchases in categories of commodities or contractual services in order to meet the minority business enterprise purchasing goals in s. 287.09451. (9) An agency may reserve any contract for competitive solicitation only among vendors who agree to use certified minority business enterprises as subcontractors or subvendors. The percentage of funds, in terms of gross contract amount and revenues; which must be expended with the certified minority business enterprise subcontractors and subvendors shall be determined by the agency before such contracts may be reserved. In order to bid on a contract so reserved, the vendor shall identify those certified minority business enterprises which will be utilized as subcontractors or subvendors by sworn statement. At the time of performance or project completion, the contractor shall report by sworn statement the payments and completion of work for all certified minority business enterprises used in the contract. (10) An agency shall not divide the procurement of commodities or contractual services so as to avoid the requirements of subsections (1) through (5). (11) A contract for commodities or contractual services may be awarded without competition if state or federal law prescribes with whom the agency must contract or if the rate of payment is established during the appropriations process. (12) If two equal responses to a solicitation or a request for quote are received and one response is from a certified minority business enterprise, the agency shall enter into a contract with the certified minority business enterprise. (13) Extension of a contract for contractual services shall be in writing for a period not to exceed 6 months and shall be subject to the same terms and conditions set forth in the initial contract. `ittp: / /www. flsenate.gov /Statutes /index.cfm? App_ mode = Display_ Statute &Search_ String= &URL= Ch028i... 4/14/2003 statues -->'r ew S;a4.ites- >20C2- h0287- >Sect :or 057 ` se-tate.gov There shall be only one extension of a centred: unless the failure to meet the criteria set rc - the contract for completion of the contract is due to events beyond the control of the contr c. (14) Contracts For commodities or contractual services may be renewed for a period that ma, - -: exceed 3 years or the term of the original contract, whichever period is longer. Renewal of contract for commodities or contractual services shall be in writing and shall be subject to the same terms and conditions set forth in the initial contract. If the commodity or contractual service is purchased as a result of the solicitation of bids, proposals, or replies, the price of the commocity or contractual service to be renewed shall be specified in the bid, proposal, or reply A renewal contract may not include any compensation for costs associated with the renewal. Renewals snail be contingent upon satisfactory performance evaluations by the agency and subject to the availability of funds. Exceptional purchase contracts pursuant to s. 287.057(5)(a) and (c) may not be renewed. (15) For each contractual services contract, the agency shall designate an employee to function as contract manager who shall be responsible for enforcing performance of the contract terms and conditions and serve as a liaison with the contractor. The agency shall establish procedures to ensure that contractual services have been rendered in accordance with the contract terms prior to processing the invoice for payment. (16) Each agency shall designate at least one employee who shall serve as a contract administrator responsible for maintaining a contract file and financial information on all contractual services contracts and who shall serve as a liaison with the contract managers and the department. (17) For a contract in excess of the threshold amount provided in s. 287.017 for CATEGORY FOUR, the agency head shall appoint: (a) At least three persons to evaluate proposals and replies who collectively have experience and knowledge in the program areas and service requirements for which commodities or contractual services are sought. (b) At least three persons to conduct negotiations during a competitive sealed reply procurement who collectively have experience and knowledge in negotiating contracts, contract procurement, and the program areas and service requirements for which commodities or contractual services are sought. (18) A person who receives a contract that has not been procured pursuant to subsections (1) through (5) to perform a feasibility study of the potential implementation of a subsequent contract, who participates in the drafting of a solicitation or who develops a program for future implementation, is not eligible to contract with the agency for any other contracts dealing with that specific subject matter, and any firm in which such person has any interest is not eligible to receive such contract. However, this prohibition does not prevent a vendor who responds to a request for information from being eligible to contract with an agency. (19) Each agency shall establish a review and approval process for all contractual services contracts costing more than the threshold amount provided for in s. 287.017 for CATEGORY THREE which shall include, but not be limited to, program, financial, and legal review and approval. Such reviews and approvals shall be obtained before the contract is executed. (20) In any procurement that costs more than the threshold amount provided for in s. 287.017 for CATEGORY TWO and is accomplished without competition, the individuals taking part in the development or selection of criteria for evaluation, the evaluation process, and the award process shall attest in writing that they are independent of, and have no conflict of interest in, the entities evaluated and selected. (21) Nothing in this section shall affect the validity or effect of any contract in existence on October 1, 1990. . (22) An agency may contract for services with any independent, nonprofit college or university which is located within the state and is accredited by the Southern Association of Colleges and Schools, on the same basis as it may contract with any state university and college. http: / /www.flsenate.gov/ Statutes / index .cfm ?App_mode= Display_Statute &Search String= &URL= Ch0287... 4/14/2003 statutes->Vew S'tatu'es- >20 A0287- >Sector 957:.`7senate.gov - (23);a) The department, in consultation with the State Technology Office and the Comptrolie shall develop a program for on -line procurement of commodities and contractual services. Tc enable the state to promote open competition and to leverage its buying power, agencies shah participate in the on -line procurement program, and eligible users may participate in the program. Only vendors prequalified as meeting mandatory requirements and qualifications criteria shall be permitted to participate in on -line procunemen•:. The department, in consultation with the State Technology Office, may contract for equipment and services necessary to develop and implement on -line procurement. (b) The department, in consultation with the State Technology Office, shall adopt rules, pursuant to ss. 120.536(1) and 120.54, to administer the program for on -line procurement. The rules shall include, but not be limited to: 1. Determining the requirements and qualification criteria for prequalifying vendors. 2. Establishing the procedures for conducting on -line procurement. 3. Establishing the criteria for eligible commodities and contractual services. 4. Establishing the procedures for providing access to on -line procurement. 5. Determining the criteria warranting any exceptions to participation in the on -line procurement program. (c) The department may collect fees for the use of the on -line procurement systems. The fees may be imposed on an individual transaction basis or as a fixed percentage of the cost savings generated. At a minimum, the fees must be set in an amount sufficient to cover the projected costs of such services, including administrative and project service costs in accordance with the policies of the department. For the purposes of compensating the provider, the department may authorize the provider to collect and retain a portion of the fees. The providers may withhold the portion retained from the amount of fees to be remitted to the department. The department may negotiate the retainage as a percentage of such fees charged to users, as a flat amount, or as any other method the department deems feasible. All fees and surcharges collected under this paragraph shall be deposited in the Grants and Donation Trust Fund as provided by law. (24)(a) The State Technology Office shall establish, in consultation with the department, state strategic information technology alliances for the acquisition and use of information technology and related material with prequalified contractors or partners to provide the state with efficient, cost - effective, and advanced information technology. (b) In consultation with and under contract to the State Technology Office, the state strategic information technology alliances shall design, develop, and deploy projects providing the information technology needed to collect, store, and process the state's data and information, provide connectivity, and integrate and standardize computer networks and information systems of the state. (c) The partners in the state strategic information technology alliances shall be industry leaders with demonstrated experience in the public and private sectors. (d) The State Technology Office, in consultation with the department, shall adopt rules, pursuant to ss. 120.536(1) and 120.54, to administer the state strategic information technology alliances. History. - -s. 1, ch. 78 -4; s. 2, ch. 80 -206; s. 4, ch. 80 -374; s. 1, ch. 82 -121; s. 9, ch. 82 -196; s. 3, ch. 83 -99; s. 3, ch. 83 -192; s. 7, ch. 86 -204; s. 9, ch. 88 -384; s. 1, ch. 89 -377; s. 17, ch. 90- 268; s. 8, ch. 91 -162; s. 251, ch. 92 -279; s. 55, ch. 92 -326; s. 7, ch. 93 -161; s. 11, ch. 94 -322; s. 869, ch. 95 -148; s. 6, ch. 96 -236; s. 30, ch. 97 -153; s. 82, ch. 98 -279; s. 11, ch. 99 -4; s. 50, ch. 99 -8; s. 45, ch. 99 -399; s. 33, ch. 2000 -164; s. 11, ch. 2000 -286; s. 56, ch. 2001 -61; s. 4, ch. 2001 -278; s. 37, ch. 2002 -1; s. 15, ch. 2002 -207. Welcome • Session • Committees • Senators • Information Center • 5 a uteand Constitution • Lobbyist Information http: / /www.flsenate.gov/ Statutes /index.cfm? App_ mode = Display_ Statute &Search_String= &URL =Ch028 i... 4/14/2003 statutes-):View Statutes->2002-' 10287- >Sev.:on 057: flsenate.gov Page 7 of 7 Disclaimer: The information on this system is unverifiec. The Journals or printed bills of the respective chambers should be consulted for official purposes. Copyright ©2000 -2003 State of Florida. Contact us. Privacy !itement Ittp: / /www. flsenate.gov/ Statutes /index.cfm ?App_rnode =Disp lay_ Statute &Search_ String= &URL= Ch0287... 4/14/2003 , ....J I ..... .... ..,+.,-...•,-----^- ---. r _ i • ---T 7 - i ! ■, i il I . il 1[ i 1 ____ 1 , rd 4 1 I _ E St • ____ ILL L - 1 1 ' 1 T r cn !, 1 '1 1 ri ri ii 1 i 1 i .,1 HL. i -Jig II 1 _.] i IWV ' n d .. ,, o a 11 z [1] cc 1 w 4 [ 1,3: I 1 1 , l i ...,,, ■ 1,11,t , .... Li i N: st : -, 1 1, ac r F 1 r 1 ri h 11 cl cl• 1 i ; LI W Ila ic ‘1::- .1iipair ..-- - _, in si ir c --- 1 , ir--1, I r 4111' 1 L_ .,.. h , -,u 1 1 4 r,wi ._._1_ . , 2 • St .4: j > i4.__ 1 If I < 'fl rl, j no ' 1 : 1 ! 7 „, „ , . II 1 -JL.... L- I l ( 1 1 1 L .i. ,r 1 ,...._, ........:_-..... -,, 7 I E - : 1 F2 1 --1 0 i n ril I r • 1 0 i 1 L., ' In i; 1112003 Yahoo! be 1 _---i -- 1 ®2002 Navigation Tooting liogie7 ..., A., John Jordan Jordan Assistant Director of Human Resources, City of Boynton Beach Phone: 561-742-6271, Fax: 561-742-6274, Jordanj@cl.boynton 2 RESOLUTION NO. R03- l s y A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND RANDALL L. WOLFF, M.D., AS THE NEW PROVIDER OF PRE - EMPLOYMENT PHYSICALS FOR ALL EMPLOYEES AND REQUIRED ANNUAL PHYSICALS FOR POLICE OFFICERS AN FIREFIGHTERS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff, deems it to be in the best interests of the citizens of the City of Boynton Beach to enter into an Agreement between the City of Boynton Beach and Randall L. Wolff, M.D., providing for pre - employment examinations, and required annual physicals for police officers and firefighters; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach hereby authorizes and directs the execution of an Agreement between the City of Boynton Beach and Randall F. Wolff, M.D., a copy of which agreement is attached hereto. Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _a_ day of September, 2003. CITY 0 - : 0 r e N : fACH, FLORIDA - ayor Vice M. ' Co... e ATTEST: . , I ' # mde Commissioner C Clerk Ma-4 S \CA\RESO\Agreements \Wolff Agreement - physicals doc Collins, Sue From: Jordan, John Sent: Monday, October 06, 2003 11:08 AM To: Everyone Subject: New Medical Services Provider for the City of Boynton Beach The City of Boynton Beach has transitioned it's medical services from Hope Health and Wellness to our new provider, Dr. Randall L. Wolff, M.D. at the Clinical Services Unit in Delray Beach. The City of Boynton Beach will be using the Clinical Services Unit for all of the services that were provided by Hope Health and Wellness, including pre - employment physicals, annual physicals and exams, laboratory testing, immunizations, and exposures. In order to meet HIPPA requirements, the Clinical Services Unit has also taken responsibility for all employee medical records previously on file with Hope Health and Wellness. In addition, the Clinical Services Unit is offering Walk -in Clinic services to all City of Boynton Beach employees. This is not intended to replace your primary care physician, but can be used as needed. Please keep in mind that as a walk -in that you will need to be fit in where time is available. With exception to walk -in services, all visits to the Clinical Services Unit must be scheduled in advance. The Clinical Services Unit is located at: 501 W. Atlantic Avenue Delray Beach, FL 33444 Phone: 561- 243 -7499 Fax: 561 - 243 -7475 Email: wolff @ci.delray- beach.fl.us The clinic is located on the second floor of Fire Station #1. To access the clinic, enter the building on the west side. 1