R12-008i
2 RESOLUTION NO. R12- 005
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4 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
5 FLORIDA, APPROVING A ONE (1) YEAR PROVIDER
6 AGREEMENT FOR "PHYSICIAN SERVICES" WITH MD
7 NOW MEDICAL CENTERS, INC AS THE PROVIDER FOR
8 PHYSICIAN SERVICES FOR ALL NEW EMPLOYEES AND
9 REQUIRED ANNUAL PHYSICALS FOR FIREFIGHTERS;
10 AUTHORIZING THE INTERIM CITY MANAGER TO
11 EXECUTE THE PROVIDER AGREEMENT; AND
12 PROVIDING AN EFFECTIVE DATE.
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15 WHEREAS, the City Commission of the City of Boynton Beach, upon
16 recommendation of staff, deems it to be in the best interests of the citizens of the City of
17 Boynton Beach to enter into a Provider Agreement with MD Now Medical Centers, Inc.,
18 providing for pre- employment examinations and required annual physicals for firefighters.
19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
20 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
21 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
22 being true and correct and are hereby made a specific part of this Resolution upon adoption
23 hereof.
24 Section 2. The City Commission of the City of Boynton Beach hereby approves
25 the one (1) year Provider Agreement for physician services between the City of Boynton
26 Beach and MD Now Medical Centers, Inc.
27 Section 3. The Interim City manager is hereby authorized to execute the Provider
28 Agreement with MD Now Medical Centers, Inc., a copy of which agreement is attached
29 - hereto as Exhibit "A ".
30 ' Section 4. This Resolution shall become effective immediately upon passage.
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1 PASSED AND ADOPTED this 3�" day of January 2012.
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25 ! ATTEST:
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30 Jan t M. Prainito, MMC
31 ity Clerk
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CITY OF BOYNTON BEACH, FLORIDA
Mayor .— J�0'
Vice May ' L William Orlove
�-�/'Zo-
Commission# — Woodrow L. Hay
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Commissioner` /— Steven
Commissioner — Marlene Ross
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PROVIDER AGREEMENT FOR "PHYSICIAN SERVICES"
WITH MD NOW MEDICAL CENTERS, INC.
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter
referred to as "the City ", and MD Now Medical Centers, Inc., hereinafter referred to as
"the Provider," in consideration of the mutual benefits, terms, and conditions hereinafter
specified effective January 4, 2012.
1. PROJECT DESIGNATION. The Provider is retained by the City to perform
Physician Services in connection with the project designated.
2. SCOPE OF SERVICES. Provider agrees to perform the services, identified on
Exhibit "A" attached hereto, and incorporated herein by reference, including the
provision of all labor, materials, equipment and supplies. No modifications will be
made to the original scope of work without the written approval of the City Manager
or his designee.
TIME FOR PERFORMANCE. Work under this contract shall commence upon the
giving of written notice by the City to the Provider to proceed. Provider shall perform
all services and provide all work product required pursuant to this agreement.
4. TERM: The term of this Agreement shall commence on January 4, 2012. The
Agreement will be for a period of one (1) year with an option for two (2) additional
one (1) year renewals.
5. PAYMENT. The Provider shall be paid by the City for completed work and for
services rendered under this agreement as follows:
a. Payment for the work performed by Provider shall be made as outlined on Exhibit
"A" attached hereto, on an as needed basis without express written modification
of the agreement signed by the City Manager or his designee.
b. The Provider may submit invoices to the City once per month during the progress
of the work for partial payment for project completed to date. Such vouchers will
be reviewed by the City, and upon approval thereof, payment will be made to the
Provider in the amount approved.
c. Final payment of any balance due the Provider of the total contract price earned
will be made promptly upon its ascertainment and verification by the City after
the completion of the work under this Agreement and its acceptance by the City.
d. Payment as provided in this section by the City shall be full compensation for
work performed, services rendered and for all materials, supplies, equipment and
incidentals necessary to complete the work.
e. The Provider records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and State for a period of
three (3) years after the termination of this Agreement. Copies shall be made
available upon request.
6. OWNERSHIP AND USE OF DOCUMENTS. All documents, records, and other
materials produced by the Provider in connection with the services rendered under
this Agreement shall be the property of the City whether the project for which they
are made is executed or not. The Provider shall be permitted to retain copies,
including reproducible copies, of documents, records, and other materials for
information, reference and use in connection with Physician's endeavors.
7. COMPLIANCE WITH LAWS. Provider shall, in performing the services
contemplated by this service agreement, faithfully observe and comply with all
federal, state and local laws, ordinances and regulations that are applicable to the
services to be rendered under this agreement.
8. INDEMNIFICATION. Provider shall indemnify, defend and hold harmless the City,
its offices, agents and employees, from and against any and all claims, losses or
liability, or any portion thereof, including attorneys fees and costs, arising from injury
or death to persons, including injuries, sickness, disease or death to Provider's own
employees, or damage to property occasioned by a negligent act, omission or failure
of the Provider.
9. INSURANCE. The Provider shall secure and maintain in force throughout the
duration of this agreement Malpractice Insurance along with comprehensive general
liability insurance with a minimum coverage of $1,000,000 per occurrence and
$1,000,000 aggregate for personal injury; and $1,000,000 per occurrence /aggregate
for property damage, and professional liability insurance policy with "A " rated
company; $250,000/$750,000 with annual company aggregate of $3,000,000 with all
legal defense cost outside of policy limits. (see attached approved malpractice policy)
Said general liability policy shall name the City of Boynton Beach as an additional
named insured and shall include a provision prohibiting cancellation of said policy
except upon thirty (30) days prior written notice to the City. Certificates of Coverage
as required by this section shall be delivered to the City within fifteen (15) days of
execution of this Agreement.
10. INDEPENDENT CONTRACTOR. The Provider and the City agree that the Provider
is an independent contractor with respect to the services provided pursuant to this
Agreement. Nothing in this Agreement shall be considered to create the relationship
of employer and employee between the parties hereto. Neither Provider nor any
employee of Provider shall be entitled to any benefits accorded City employees by
virtue of the services provided under this agreement. The City shall not be responsible
for withholding or otherwise deducting federal income tax or social security or for
contributing to the state industrial insurance program, otherwise assuming the duties
of an employer with respect to Provider, or any employee of Provider.
11. COVENANT AGAINST CONTINGENT FEES. The Provider warrants that he has
not employed or retained any company or person, other than a bonafide employee
working solely for the Provider to solicit or secure this contract, and that he has not
paid or agreed to pay any company or person, other than a bonafide employee
working solely for the Provider, any fee, commission, percentage, brokerage fee,
gifts, or any other consideration contingent upon or resulting from the award or
making of this contract.
For breach or violation of this warranty, the City shall have the right to annul this
contract without liability or, in its discretion to deduct from the contract price or
consideration, or otherwise recover, the full amount of such fee, commission,
percentage, brokerage fee, gift, or contingent fee.
12. DISCRIMINATION PROHIBITED. The Provider, with regard to the work
performed by it under this Agreement, will not discriminate on the grounds of race,
color, national origin, religion, creed, age, sex or the presence of any physical or
sensory handicap in the selection and retention of employees or procurement of
materials or supplies.
13. ASSIGNMENT. The Provider shall not sublet or assign any of the services covered
by this Agreement without the express written consent of the City.
14. NON - WAIVER. Waiver by the City of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a waiver of any other
provision.
15. TERMINATION. This Agreement may be terminated as follows:
a. By either Party for Cause (defined for purposes of this Agreement as an incurred
breach of the provisions hereof), if the terminating Party has provided the other
Party with written notice of the matter or matters constituting Cause for
termination and the Party receiving such notice has not cured such matter or
matters within thirty (30) days of receipt.
b. In the event of the death of a member, partner or officer of the Physician, or any
of its supervisory personnel assigned to the project, the surviving members of the
Physician hereby agree to complete the work under the terms of this agreement, if
requested to do so by the City. This section shall not be a bar to renegotiations of
this agreement between surviving members of the Consultant and the City, if the
City so chooses.
16. DISPUTES. Any disputes that arise between the parties with respect to the
performance of this Agreement, which cannot be resolved through negotiations, shall
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be submitted to a court of competent jurisdiction in Palm Beach County, Florida.
This Agreement shall be construed under Florida Law.
17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following
address:
City of Boynton Beach
Attention: Julie Oldbury, Director of Human Resources
P.O. Box 310
Boynton Beach, FL 33425 -0310
Facility where services will be provided current address is:
MD Now Medical Centers, Inc.
2272 N. Congress Avenue
Boynton Beach, Florida 33426
Main Phone; 561- 737 -1927
Notices to Consultant, Corporate Offices and Billing address is;
MD Now Medical Centers, Inc.
2007 Palm Beach Lakes Blvd
West Palm Beach, Florida 33409
Main Phone; 561 -420 -8555
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INTEGRATED AGREEMENT. This Agreement, together with attachments or
addenda, represents the entire and integrated agreement between the City and the
Provider and supersedes all prior negotiations, representations, or agreements written
or oral. This Agreement may be amended only by written instrument signed by both
City and Provider.
DATED this day of "yt, c cX , 2012
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CITY OF BOYNTON BEACH
Cit Manager MD Now Medical Centers, Inc.
Attest /Authenticated: Peter Lamelas, MD, MBA, CEO & Medical Director
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Approved as to Form:
Ackx"'
(Corporate Seal)
Attest /Authenticated:
Secretary
"EXHIBIT A"
SCOPE OF SERVICES
City of Boynton Beach
2012 -2013 Professional Services and Fees MD Now Medical Centers, Inc.
A Drug & Alcohol Testing - 10 panel
$35
B Fire Department Annual Physicial
$100
C Fire Department Annual Physicials (with Stress Test)
$275 or $350 w /echocardiogram
C1 Fire Department Annual Physicials (without Stress test)
$100
D Firefighter New Hire Evaluation (with Stress test)
$275 or $350 w /echocardiogram
D1 Firefighter New Hire Evaluation (without Stress test)
$100
E Firefighter Testing for Infectious Disease
$75
F Fire Rescue Fitness Evaluation (Wellness Program)
$95
Additional Testing Services PPD
$15
Chest X -ray (as needed)
$50 (1 view) / $70 (2 views) with interpret
Drug Test (10 panel)
$35
Tetanus (as needed)
$40
Hepatitis B Series (as needed after hire)
$60 each /$180 for series of 3
Hepatitis B Booster (as needed)
$60
Hepatitis A Series (for Technical Rescue and Dive Team)
$90 each /$180 for series of 2
Titers (quantitative)
$25 each
CRP Blood Test (when cardiac risk factors indicate)
$25
PSA (males over 40)
$25
Stress Test
$175 or $250 w /echocardiogram
Flu Shot
$20
Po A"kW ✓ W
A Drug & Alcohol Testing - 10 panel
$35
B Flu Shots
$20
C Police Officer New Hire Evaluation
$100
D General Employees new hire pre - employment exam
$65
E Police Testing for Infectious Disease
$75
Additional Testing Services PPD
$15
Chest X -ray (as needed)
$50 (1 view) / $70 (2 views) with interpret
Drug Test (10 panel)
$35
Tetanus (as needed)
$40
Hepatitis B Series (as needed after hire)
$60 each /$180 for series of 3
Hepatitis B Booster (as needed)
$60
Hepatitis A Series (for Technical Rescue and Dive Team)
$90 each /$180 for series of 2
Titers (quantitative)
$25
CRP Blood Test (when cardiac risk factors indicate)
$25
Stress Test
$175 or $250 w /echocardiogram
Flu Shot
$20
Lead Testing for Range Instructors Only
$20
PSA (males over 40)
$25
Rate Guarantee
2 years
(See additional Addenda on following page)
Addendum 1
"` Please note that Fire Department Physical Exams consist of a History & Physical Exam as per NFPA 1582, Chapter 6 -7,
includes assessments, as required Any blood -drawn labs (CMP, CBC, Complete Lipid Panel, TSH), blood typing labs and any
additional testing (EKG, Pulmonary function, Audiometry, etc ) required for the physical exams detailed above shall be
comoleted in addition to the cost ouoted for the individual exams (See schedule below)
Lab CMP, CBC, Complete Lipid Panel, TSH $40
Lab ABO, AB Blood typing (Rh) $20
EKG w/ Interpretation (not needed if Treadmill Stress) $50
Spirometry, Pulmonary Function testing w/ pulse Oximetery $30
Audiometry Testing $30
Cardiology Over read (if required for stress testing) $25
The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742 -6060
FAX: (561) 742 -6090
e -mail; prainitoj @bbfl.us
www.boynton-beach.org
TO: Tim Howard
Deputy Director of Finance
FROM: Janet M. Prainito, MMC
City Clerk
DATE: January 23, 2012
SUBJECT: R12 -008 Provider Agreement for Physician Service with MD Now
Medical Centers, Inc.
Attached for your information and file is an executed copy of the agreement mentioned
above. Since the document has been fully executed, I have retained the original for
Central File.
Please contact me if there are any questions. Thank you.
Attachments
(Agreement & Resolution)
C: Central File
S:ICCIWPIAFTER COMMISSION1Departmental Transmittals120121Tim Howard R12 -008 Executed.doc
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