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R08-140 II I 1 2 RESOLUTION NO. R08-/4D 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, AUTHORIZING EXECUTION OF ATHREE (3) 6 YEAR AGREEMENT BETWEEN THE CITY OF 7 BOYNTON BEACH AND BETHESDA HEALTHCARE 8 SYSTEM, AS THE NEW PROVIDER FOR PHYSICIAN 9 SERVICES FOR ALL NEW EMPLOYEES AND 10 REQUIRED ANNUAL PHYSICALS FOR POLICE 11 OFFICERS AN FIREFIGHTERS; AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 15 16 17 WHEREAS, the City Commission of the City of Boynton Beach, upon 18 recommendation of staff, deems it to be in the best interests of the citizens of the City of 19 Boynton Beach to enter into an Agreement between the City of Boynton Beach and Bethesda 20 Health Care System, providing for pre-employment examinations, and required annual 21 physicals for police officers and firefighters; 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 Section 2. The City Commission of the City of Boynton Beach hereby authorizes 28 and directs the execution of a three (3) year Agreement for physician services between the 29 City of Boynton Beach and Bethesda Health Care System, a copy of which agreement is 30 attached hereto as Exhibit "A". 31 Section 3. This Resolution shall become effective immediately upon passage. SICA\RESOlAgreements\Bethesda Healthcare System (physician services).doc II I 1 PASSED AND ADOPTED this .;1.A1L) day of December, 2008. 2 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 ~~ 6 7 8 {)ayor I Jerry T lor 9 ....., 10 .....,..,~....,.. -~,~.....-.......-",. ' ,./ / 11 Vice Mayor - Jose Rojffguez 12 ~ 13 14 15 Commissioner - Ronald Weiland 16 17 ~~L 18 19 Commissioner Woodrow 20 21 22 23 Commissioner - Marlene Ross 24 25 ATTEST: 26 27 28 1/ -- 29 I /,/'tc: "t 30 31 32 33 34 35 (Corporate Seal) S\CAIRESOlAgreementslBethesda Healthcare System (physician services) doc ,~tJ J~ -/1 () THREE (3) YEAR CONSULTANT AGREEMENT FOR PHYSICIAN SERVICES WITH BETHESDA HEAL THCARE SYSTEM THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and Bethesda Healthcare System, hereinafter referred to as "the Physician", in consideration of the mutual benefits, terms, and conditions hereinafter specified effective December 2,2008. 1. PROJECT DESIGNA nON. The Physician is retained by the City to perform Physician services in connection with the project designated. 2. SCOPE OF SERVICES. Physician agrees to perform the services, identified on Exhibit "A" attached hereto, and incorporated herein by reference, including the provision of all labor, materials, equipment and supplies. No modifications will be made to the original scope of work without the written approval of the City Manager or his designee. 3. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Physician to proceed. Physician shall perform all services and provide all work product required pursuant to this agreement. 4. 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 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. 5. PAYMENT. The Physician shall be paid by the City for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by Physician shall be made as provided on Exhibit "A" attached hereto, on an as needed basis without express written modification of the agreement signed by the City Manager or his designee. b. The Physician may submit invoices to the City once per month during the progress of the work for partial payment for project completed to date. Such vouchers will be reviewed by the City, and upon approval thereof, payment will be made to the Physician in the amount approved. c. Final payment of any balance due the Physician of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. d. Payment as provided in this section by the City shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. S:\HR\Bethesda\agreement for physician services\Physician Services Agreement Bethesda.doc e. The Physician records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of this Agreement. Copies shall be made available upon request. 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, records, and other materials produced by the Physician in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Physician shall be permitted to retain copies, including reproducible copies, of documents, records, and other materials for information, reference and use in connection with Physician's endeavors. 7. COMPLIANCE WITH LAWS. Physician shall, in performing the servIces contemplated by this service agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8. INDEMNIFICA nON. Consultant shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Physician's own employees, or damage to property occasioned by a negligent act, omission or failure of the Physician. 9. INSURANCE. The Physician shall secure and maintain in force throughout the duration of this agreement Malpractice Insurance along with comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000 per occurrence to $2 million aggregate with defense costs in addition to limits. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. - 10. INDEPENDENT CONTRACTOR. The Physician and the City agree that the Physician 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 Physician nor any employee of Physician 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 S:\HR\Bethesda\agreement for physician services\Physician Services Agreement Bethesda.doc assuming the duties of an employer with respect to Physician, or any employee of Physician. 11. COVENANT AGAINST CONTINGENT FEES. The Physician warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Physician 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 Physician, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The Physician, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The Physician shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. 14. NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other prOVIsIOn. 15. TERMINAnON. This agreement may be terminated as follows: a. By either Party for Cause (defined for purposes of this Agreement as an incurred breach of the provisions hereof), if the terminating Party has provided the other Party with written notice of the matter or matters constituting Cause for termination and the Party receiving such notice has not cured such matter or matters within thirty (30) days of receipt. b. In the event of the death of a member, partner or officer of the Physician, or any of its supervisory personnel assigned to the project, the surviving members of the Physician hereby agree to complete the work under the terms of this agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this agreement between surviving members of the Consultant and the City, if the City so chooses. S:\HR\Bethesda\agreement for physician services\Physician Services Agreement Bethesda.doc 16. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida Law. 17. NOnCES. Notices to the City of Boynton Beach shall be sent to the following address: Human Resources Attention: Sharyn M. Goebelt, Human Resources Director City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to Consultant shall be sent to the following address: Bethesda Healthcare System 2815 S. Seacrest Blvd. Boynton Beach, Florida 33435 S:\HR\Bethesda\agreement for physician services\Physician Services Agreement Bethesda.doc 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Physician and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Physician. DATED this ~ day of A~ ,2008. CITY OF BOYNTON BEACH .. (JIf- &!titc~ ~!.{# f1rl'~,d~,J-1 ClUJ Title . @:.L 'tn. p~ (Corporate Seal) City lerk Attest! Authenticated: Secretary S:\HR\Bethesda\agreement for physician services\Physician Services Agreement Bethesda.doc Exhibit A SCOPE OF SERVICES The Physician will provide new hire, annual, and fit for duty exams during normal business hours and all other duties as listed in the scope of services. The City will schedule services with the Physician during normal hours of operation. The Physician shall perform the following types of substance abuse testing: Reasonable Suspicion/Cause, Post Accident testing, Return to Duty testing and Follow-up, CDL physical and all other service testing within the scope of work. During periods of absence due to vacation, etc, physician will be required to provide a contact for back-up physician services. 1: Firefighter Services - Breakdown of Scope The Proposer for Physician Services, Part 1 Firefie:hter must have a Fire Physician on staff who meets the standards of NFP A 1582. The Fire Physician must be knowlede:eable of firefie:htine: and the various tasks that firefie:hters perform. A. General 1. Conduct pre-employment physicals for all Firefighters including drug and alcohol screening to be in compliance with the City's Drug Free Workplace Policy 2. Conduct annual physicals for Firefighters. 3. Physician shall coordinate laboratory testing necessary in conjunction with examinations and testing performed by outside Vendor to comply with the terms of the agreement. 4. Physician and or Staff shall assume all billing responsibilities, including billing for additional testing, x-rays and laboratory tests related to the exam. 5. Physician shall provide any and all necessary consultation and case review of examination results for the employee/patient. A written review of the examination results shall be provided to employee/patient. 6. Physician shall provide flu shots to all City of Boynton Beach Firefighters. Retirees may be permitted to participate by paying for the shots. 7. Maintain all medical records created during the course of the agreement. 8. Certify that all Physicians as well as any other employees of the Vendor shall have the appropriate licenses or registrations as required by any local, state or federal law, rule or regulation. 9. Provide a detailed monthly invoice for all services and fees. B. Fire Department Annual Physicals: 1. Annual Physical Evaluations for Firefighters shall meet or exceed requirements established in NFP A 1582 Medical Evaluation of Candidates and Medical Evaluation of Members. A physician, nurse practitioner, physician assistant or equivalent shall conduct physicals. The Physician 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 Physician shall be responsible for guiding, directing and advising the employee with regard to their health, fitness and suitability for various duties. Firefighter's health and 1 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 Physician shall provide immunization(s) as needed. 4. The 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 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. 6. If any requirements should change as a result of changes in the collective bargaining agreements, the City shall assume responsibility to notify the Physician_of said changes. This agreement may be amended upon written approval of both parties. C. Firefighter Annual Exam Components: Firefighter exam reference NFPA 1582, Chapter 6-7, Periodic Medical Evaluation 1. Establishment of Medical & Occupational History 2. Physical Evaluation 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) D. Firefighter New Hire Evaluation Components: 1. Components same as annual physical 2. A,B,O and AB Blood Typing E. Firefighter Testing for Infectious Disease: 1. Confirmation and/or repeat testing for HIV, Hepatitis A, B, C and RPR F. Fire Rescue Fitness Evaluation (Wellness Program) 1. Body fat evaluation. This will include circumference and skinfold. 2. Grip strength. 2 3. Push ups. Max 45 4. Sit-ups. Max 45 5. Flexibility. (Sit and Reach) 6. 5 minute step test. This evaluates aerobic capacity. Participants will receive a computer print out of evaluation which will specify areas of improvement and percentile ranking based on age and gender. Part 2 Police Officers and Employees (excluding Firefighters) - Breakdown of scope A. General 1. Conduct pre-employment physicals for all Police Officers and general employees requested by the City including drug and alcohol screening to be in compliance with the City's Drug Free Workplace Policy. 2. Administer flu shots to all Police Officers and City of Boynton Beach employees. The City will determine the number of shots to be given and who may participate. Retirees may be permitted to participate by paying for the shots. 3. Physician shall coordinate laboratory testing necessary in conjunction with examinations and testing performed by the Vendor as requested by the City. 4. Physician and or Staff shall assume all billing responsibilities, including billing for additional testing, x-rays and laboratory tests. 5. Physician shall provide any and all necessary consultation and case review of examination results for the employee/patient. A written review of the examination results shall be provided to employee/patient. 6. Maintain all Medical records created during the course of the agreement. 7. Certify that all Physicians as well as any other employees of the Vendor shall have the appropriate licenses or registrations as required by any local, state or federal law, rule or regulation. 8. Provide a detailed monthly invoice for all services and fees. B. Police Officer New Hire Examination Components: 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 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 Assessmet 3 C. General Emplovees/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 needed 4. Drug & Alcohol Screen D. General Employees - Immunization: 1. Hepatitis B Booster/series as needed 2. Blood titers as necessary 4 CITY OF BOYNTON BEACH PROFESSIONAL SERVICES AND FEES COMPARISON Scope of Services Pricing I PART 1 - FIREFIGHTER SERVICES I Bethesda Medical Assoc. A Drug and Alcohol Testing - 10 panel $30 B Fire Department Annual Physicals $100 C Fire Department Annual Physicals with Stress Test $232 C1 Fire Department Annual Physicals without Stress Test $100 D Firefighter New Hire Evaluation with Stress Test $378 D1 Firefighter New Hire Evaluation without Stress Test $246 E Firefighter Testing for Infectious Disease $81 F Fire Rescue Fitness Evaluation - Wellness Program $35 Additional Testing Service PPD $4 Chest X-ray as needed $42 Drug Test - 1 0 panel $30 Tetanus as needed $38 Hepatitis B Series as needed after hire $150 Hepatitis B Booster as needed $50 Hepatitis A Series for Technical Rescue and Dive Team $120 Titers - quantitative $12 CRP Blood Test when cardiac risk factors indicate $35 PSA for males over 40 $31 Stress Test $132 Flu Shot $20 PART 2 - POLICE AND GENERAL EMPLOYEE SERVICES I Bethesda Medical Assoc. I A Drug and Alcohol Testing - 10 panel $30 B Flu Shots $20 C Police Officer New Hire Evaluation $303 D General Employees New Hire Pre-Employment Exam $120 E Police Testing for Infectious Disease $81 Additional Testing Service PPD $4 Chest X-ray as needed $42 Drug Test - 10 panel $30 Tetanus as needed $38 Hepatitis B Series as needed after hire $150 Hepatitis B Booster as needed $50 Hepatitis A Series $120 Titers - quantitative $12 CRP Blood Test when cardiac risk factors indicate $35 Stress Test $132 Flu Shot $20 Lead Testing for Range Instructors Only $12 PSA for males over 40 $31 *three (3) shots **per shot * EXHIBIT i I ~ w a. Summary of Request for Information (RFI) for Physicians Services ~ Willis sent out a Request for Information for pricing for physicians services for the City of Boynton Beach. ~ The RFI included a request for Physician Services pricing for Firefighters, as well as Police and General Employees. ~ Vendors within 15 miles ofthe City of Boynton Beach were contacted, and were asked to provide a breakdown oftheir costs for Physician services. Responses were due to Willis no later than October 7,2008. ~ Local vendors who were sent the RFI are listed below: 0 Dr. Randall L. Wolff, Clinical Services Unit 0 Bethesda Medical Associates 0 Central Palm Beach Physicians & Urgent Care 0 MedExpress Urgent Care 0 U.S. Healthworks ~ The following vendors did not provide pricing for physicians services: 0 Central Palm Beach Physicians & Urgent Care did not respond. 0 MedExpress Urgent Care responded on the due date with a request for a meeting; no other information was submitted. ~ Dr. Randall Wolff, Bethesda Medical Associates, U.s. Healthworks provided pricing for the Physician Services, which is illustrated on the attached Revised Professional Services and Fees Comparison spreadsheet. The proposed fees that are lower than the current are highlighted in green; proposed fees that are higher than current are highlighted in red. Willis . EXHIBIT I ~ ~ ... ~ CITY OF BOYNTON BEActf REVISED PROFESSIONAL SERVICES AND FEES COMPARISON PART 1 - FIREFIGHTER SERVICES Dr. Randall WoIft' s.lhesda Medical Anoc:. US Hulthworks A Drug and Alcohol Testing - 10 panel $90 $30 S6l B Fire Department Annual Physicals $415 $100 '34(\( C Fire Department Annual Physicals with Stress Test $715 $232 S~~/):. C1 Fire Department Annual Physicals without Stress Test $415 $100 S401 0 Firefighter New Hire Evaluation with Stress Test $745 $378 5'l91 01 Firefighter New Hire Evaluation without Stress Test $445 $246 S44C E Firefighter Testing for Infectious Disease $250 $81 S18: F Fire Rescue Fitness Evaluation - Wellness Program $50 $35 $50 Additional Testing Service PPD $15 $4 $15 Chest X-ray as needed $110 $42 SY. Drug Test - 10 panel $75 $30 S4L T etan us as needed $40 $38 SJE Hepatitis B Series as needed after hire $150 $150 $210* Hepatitis B Booster as needed $50 $50 $70 Hepatitis A Series for Technical Rescue and Dive Team $150 $120 $90*' Titers ~ quantitative $20 $12 $35 CRP Blood Test when cardiac risk factors indicate $30 $35 $40 PSA for males over 40 $45 $31 S~(" Stress Test $300 $132 Flu Shot $25 $20 S:c PART 2 - POLICE AND GENERAL EMPLOYEE SERVICES Dr. RandaU Wolft' s.lhelda Medical Anoc:. US H..lthworlcs A Drug and Alcohol Testing - 10 panel $90 $30 Sb\ B Flu Shots $25 $20 S:c C Police Officer New Hire Evaluation $750 $303 544,. 0 General Employees New Hire Pre-Employment Exam $130 $120 541 E Police Testing for Infectious Disease $250 $81 516.. Additional Testing Service PPD $15 $4 $15 Chest X-ray as needed $110 $42 532 Drug Test - 10 panel $75 $30 S4[: Tetanus as needed $40 $38 53c Hepatitis B Series as needed alter hire $150 $150 $210 Hepatitis B Booster as needed $50 $50 $70 Hepatitis A Series $150 $120 $90" Titers. quantitative $20 $12 $35 CRP Blood Test when cardiac risk factors indicate $30 $35 $40 Stress Test $300 $132 S 1;:,c Flu Shot $25 $20 S')f Lead Testing for Range Instructors Only $30 $12 $30 PSA for males over 40 $45 $31 See "three (3) shots "per shot . EXHIBIT willi S i 3 ~ i'fi a.. WIWS HRH EMPLOYEE BENEFITS 720 5th Avenue South, Suite #203 Direct: 239 659 4500 Toll Free: 8665934656 Fax: 239 262 5338 Website: www.willis.com Executive Summary Puroose: To identify a vendor to provide physician services, including office space, exam rooms and equipment, to the City of Boynton Beach. The City desires to establish a strong, sound and mutually beneficial relationship with a physician or firm. Badc2round: The City of Boynton Beach has a contract for physician services with Dr. Randall Wolff, M.D. that ends December 2, 2008. At the request of the Human Resources staff of the City of Boynton Beach, Willis of Florida developed a Request for Information (RFI) for pricing for a qualified firm or physician to provide physician services, including office space, exam rooms and equipment, to the City of Boynton Beach. Local vendors within 15 miles of the City of Boynton Beach were asked to provide a breakdown of their costs for Physician Services. Analysis: The RFI was distributed by Willis on September 30, 2008. Local vendors who were sent the RFI are: Dr. Randall L. Wolff, Clinical Services Unit, Bethesda Healthcare System (Bethesda Medical Associates), Central Palm Beach Physicians & Urgent Care, MedExpress Urgent Care and U.S. Healthworks. Central Palm Beach Physicians and Urgent Care did not respond to our Request. MedExpress Urgent Care responded with a request for a meeting and followed up with an e-mail advising us that they are not equipped to provide all services as outlined in the RFL Dr. Randall Wolff, Bethesda Medical Associates and U.S. Healthworks provided pricing for Physician Services, which is illustrated on the attached comparison spreadsheet. Based on these results, Willis facilitated a finalist meeting with Bethesda to verify the terms and conditions proposed in their analysis. Recommendation: After careful review of the criteria provided by the City, and the proposals submitted by the vendors, Bethesda Healthcare System has provided a proposal that most closely meets or exceeds the requirements outlined in the RFI for physician services. 11/10/2008