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R19-0531 2 3 4 5 6 7 8 9 10 11 12 13 14 15 i[R 17 18 19 20 21 22 23 24 25 26 27 28 29 30 RESOLUTION NO. R19-053 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING UTILIZING THE STATE OF FLORIDA CONTRACT #42000000 -18 -ACS (ALTERNATE SOURCE CONTRACT) WITH CONCORDANCE MEDICAL, HENRY SCHEIN MEDICAL, MCKESSON MEDICAL AND MEDICAL SOLUTIONS FOR THE CITY'S MEDICAL SUPPLIES ON AN "AS NEEDED" BASIS WITH AN ESTIMATED ANNUAL EXPENDITURE OF $150,000; AUTHORIZING THE CITY MANAGER TO SIGN AGREEMENTS WITH EACH OF THE FOUR COMPANIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City currently has a bid in place for medical supplies and pharmaceuticals which expires July 2, 2019; and WHEREAS, this Agreement allows the City's Fire EMS to access another vendor for the necessary medical supplies when needed; and WHEREAS, the City Commission of the City of Boynton Beach, upon the recommendation of staf'., deems it in the best interest of the citizens and residents of the City of Boynton Beach to approve and authorize the City Manager to sign Agreements with Concordance Medical, Henry Schein Medical, McKesson Medical and Medical Solutions for the City's medical supplies on an "as -needed" basis with an estimated annual expenditure of $150,000 at prices based on State of Florida Member -Requested Participation Agreements through Minnesota Multistate Contracting Alliance for Pharmacy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach hereby approves C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Intemet Files\Content.IE5\52FYTEOE\Piggy-back_- _State_of Florida_and_MMCAP_(Medical_Supplies)_-_Reso.docx 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 and authorizes the City Manager to sign Agreements with Concordance Medical, Henry Schein Medical, McKesson Medical and Medical Solutions for the City's medical supplies on an "as - needed" basis with an estimated annual expenditure of $150,000 at prices based on State of Florida Member -Requested Participation Agreements through Minnesota Multistate Contracting Alliance for Pharmacy, copies of which are attached hereto as Exhibits "A - D" Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of , 2019. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Judith A. �y e—, CMC City Clerk (Corporate Seal) YES NO Mayor — Steven B. Grant ✓ Vice Mayor — Justin Katz ✓ Commissioner — Mack McCray LI -1 Commissioner — Christina L. Romelus LI -11 Commissioner — Ty Penserga �✓ VOTE Queenester Nieves C:\Users\Stanzione"MppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\52FYTEOE\Piggy-back_- _State_of Florida_and_MMCAP_(Medical_Supplies)_-_Reso.docx -,-�«-053 MEDICAL SUPPLIES AGREEMENT This Agreement is made as of this 'Da day of 2019 by and between MEDICAL SOLUTIONS, INC., a Foreign corporation authorized to business in the State of Florida with an address of 10401 93rd Avenue N, Ste. 100, Maple Grove, MN 55369 ("MEDICAL SOLUTIONS" or "Contractor"), and THE CITY OF BOYNTON BEACH, a Florida municipal corporation, with a mailing address of Post Office Box 310, Boynton Beach, FL 33425 (the "City"). RECITALS WHEREAS, The City's Fire EMS Department utilizes medical supplies and pharmaceuticals which are consistently on backorder and utilizing the pricing from the State of Florida Member -Requested Participation Agreement No. 42000000 -18 -ACS which is utilizing the Minnesota Multistate Contracting Alliance for Pharmacy (MMCAP) Agreement No. MMS 18013 will add additional vendors for medical supplies to obtain a greater pool to purchase from; and WHEREAS, MEDICAL SOLUTIONS, has agreed to allow the City to piggy -back the State of Florida Member -Requested Participation Agreement No. 42000000 -18 -ACS to provide medical supplies and pharmaceuticals through April 8, 2020 with three one-year options for renewal for an estimated annual expenditure of $150,000.00 at prices based on State of Florida contract on an "as needed" basis; and NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT Section 1. The foregoing recitals are true and correct and are hereby incorporated in this Agreement. Section 2. The City and MEDICAL SOLUTIONS agree that MEDICAL SOLUTIONS shall provide medical supplies and pharmaceuticals through April 9, 2020 with three one-year options for renewal for an estimated annual expenditure of $150,000.00 at prices based on State of Florida Member -Requested Participation Agreement No. 42000000 -18 -ACS which is utilizing the Minnesota Multistate Contracting Alliance for Pharmacy (MMCAP) Agreement No. MMS 18013, a copy of which is attached hereto as Exhibit "A", except as hereinafter provided: A. All references to State of Florida, Florida DMS, State of Minnesota or Minnesota Multistate Contracting Alliance for Pharmacy shall be deemed as references to the City of Boynton Beach. Venue for any litigation arising under this Agreement must be in a court of competent jurisdiction in Palm Beach County, Florida. Page I C:\UserslStariAcnet\Appdata\Local\MicrosoR\Windows\Temporary IntcMd Files`.ContenLIES\52FYrEOE\Piggyback_(State And_MMCAP)_Medical Solutions_Agmt.Docx B. All Notices to the City shall be sent to: City: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 Copy: James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, PA. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 Facsimile: (954) 771-4923 C. The following terms and conditions are hereby incorporated into the Agreement: Scrutinized Companies By execution of this Agreement, in accordance with the requirements of F.S. 287-135 and F.S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active Agreement term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the Agreement and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. D. Records shall be deleted in it's entirety and replaced with the following: The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: Page 2 C:\Users\StanrionetWppdata\1.ocal\Miccosoft\Windows\Temporary Internet Files`.Content.lES\52FYTEOE\Pi ggyback_(Statc_An d_MMCAP)_Medical_Solutions_Agmt.Docx 1) Keep and maintain public records required by the CITY to perform the service; 2) Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat, or as otherwise provided by law; 3) Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and 4) Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. 5) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK 3301 QUANTUM BLVD. BOYNTON BEACH, FL, 33435. 561-742-6061. PYLEJ@BBFL.US Section 3. In the event that the State of Florida Agreement is amended, or terminated, MEDICAL SOLUTIONS shall notify the City within ten (10) days. In the event the State of Florida Agreement is amended or terminated prior to its expiration, this Agreement shall remain in full force and effect, and not be deemed amended or terminated, until specifically amended or terminated by the parties hereto. Section 4. MEDICAL SOLUTIONS agrees that in the event it enters into a Agreement for the same (or substantially similar) scope of services with another local government in Florida which contains a term or condition, including fees, charges or costs, which the City determines to be more favorable than the terms in this Contract, the parties shall enter into an Addendum to provide those terms to the City. Page 3 C:\Users\Stanaonct\Appdata\Local\Micrusoa\Windows\Temporary Intemet Files\Content.lE5\52FYTE0E\Piggyback_(State_And_MMCAP)_Medical—solution s_Agmt. Docx Env Section 5. The insurance required shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured. Section 6. In all other aspects, the terns and conditions of the State of Florida MPA Agreement and the MMCAP Agreement are hereby ratified and shall remain in full force and effect under this Contract, as provided by their terms. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. ATTEST: y ;i'tyClerk APP James A. Cherol, City Attorney CITY OF BOYNTON BEACH, FLORIDA By: - Lori LaVerriere, City Manager MEDICAL SOLUTIONS, INC. WITNESSES: BY: Print Name: �? r Title: - i ATTEST: SECRETARY Page 4 C:\Usm\.Stanzionet\Appdata\L.ocal\Microsoft\Windows\Temporary Internet Fitcs\Contrnl.lE5\52PYTEOE\Piggyback_(5tatc_And_Mi�ICAP) Medical Solutions_Agmt.Docx EXHIBIT A AGREEMENT BETWEEN MINNESOTA MULTISTATE CONTRACTING ALLIANCE FOR PHARMACY, STATE OF FLORIDA AND MEDICAL SOLUTIONS, INC. Page 5 C:\Uscm\Stanzionec\Appdata\L.ocal\Alicrosoft\Windows\Temporary intemet Files\Content.M5\52FYTEOE\Piggyback_(State And_hiMCAP) Mcdical Solutions_Agmt.Docx 03 MEDICAL SUPPLIES AGREEMENT This Agreement is made as of tlsis day of 2019 by and between HENRY SCHEIN MEDICAL A DIVISION OF HENRY SCHEIN, INC., a Foreign corporation authorized to do business in the State of Florida with an address of 135 Duryea Road, Melville NY 11747 ("HENRY SCHEIN" or "Contractor"), and THE CITY OF BOYNTON BEACH, a Florida municipal corporation, with a mailing address of Post Office Box 310, Boynton Beach, FL 33425 (the "City"). RECITALS WHEREAS, The City's Fire EMS Department utilizes medical supplies and pharmaceuticals which are consistently on backorder and utilizing the pricing from the State of Florida Member -Requested Participation Agreement No. 42000000 -18 -ACS which is utilizing the Minnesota Multistate Contracting Alliance for Pharmacy (MMCAP) Agreement No. MMS 18016 will add additional vendors for medical supplies to obtain a greater pool to purchase from; and WHEREAS, HENRY SCHEIN, has agreed to allow the City to piggy -back the State of Florida Member -Requested Participation Agreement No. 42000000 -18 -ACS to provide medical supplies and pharmaceuticals through April 8, 2020 with three one-year options for renewal for an estimated annual expenditure of $150,000.00 at prices based on State of Florida contract on an "as needed" basis; and NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT Section 1. The foregoing recitals are true and correct and are hereby incorporated in this Agreement. Section 2. The City and HENRY SCHEIN agree that HENRY SCHEIN shall provide medical supplies and pharmaceuticals through April 9, 2020 with three one-year options for renewal for an estimated annual expenditure of $150,000.00 at prices based on State of Florida Member -Requested Participation Agreement No. 42000000 -18 -ACS which is utilizing the Minnesota Multistate Contracting Alliance for Pharmacy (MMCAP) Agreement No. MMS 18016, a copy of which is attached hereto as Exhibit "A", except as hereinafter provided: A. All references to State of Florida, Florida DMS, State of Minnesota or Minnesota Multistate Contracting Alliance for Pharmacy shall be deemed as references to the City of Boynton Beach. Venue for any litigation arising under this Agreement must be in a court of competent jurisdiction in Palm Beach County, Florida. Page 1 C:\Users\Stanzionct\Appdata\Local\Micruso(t\Windows\rctnporuy lntcrnet FilwNContent.IFS\VAGZEGPO\Piggyback_(State_And_MMCAP)_lienry_ScheinMedical_Agmt.Docx B. All Notices to the City shall be sent to: City: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 /Facsimile: (561) 742-6090 Copy : James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, PA. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 Facsimile: (954) 771-4923 C. The following terms and conditions are hereby incorporated into the Agreement: Scrutinized Companies By execution of this Agreement, in accordance with the requirements of F.S. 287-135 and F.S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in file Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active Agreement term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the Agreement and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. D. Records shall be deleted in it's entirety and replaced with the following: The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: Page 2 C:\Usas\Stanvonet\Appdata\Local\Microsofl\Windows\Temporary Internet Files\Contcnt.IE5\V AGZF6PO\Piggyback_(Statc_And_MI�iCAP)_Iicmy_Schein—Medical_Agmt.Docx 1) Keep and maintain public records required by the CITY to perform the service; 2) Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; 3) Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and 4) Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. 5) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) 3301 QUANTUM BLVD. BOYNT ON BEACH, FL, 33435. 561-742-6061. PYLEJ@BBFL.US Section 3. In the event that the State of Florida Agreement is amended, or terminated, HENRY SCHEIN shall notify the City within ten (10) days. In the event the State of Florida Agreement is amended or terminated prior to its expiration, this Agreement shall remain in full force and effect, and not be deemed amended or terminated, until specifically amended or terminated by the parties hereto. Section 4. HENRY SCHEIN agrees that in the event it enters into a Agreement for the same (or substantially similar) scope of services with another local government in Florida which contains a term or condition, including fees, charges or costs, which the City determines to be more favorable than the terms in this Contract, the parties shall enter into an Addendum to provide those terms to the City. Page 3 C:\Users\Stanzionct\Appdata\Local\Microsolt\Windows\Temporary Intemct Files\Contellt.IES\V AGZE6PO\Piggybaek_(Statc_And_A1MCAP)_I{enry_Sclicin_Medicat_Agmt.Docx Section 5. The insurance required shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured. Section 6. In all other aspects, the terms and conditions of the State of Florida MPA Agreement and the MMCAP Agreement are hereby ratified and shall remain in full force and effect under this Contract, as provided by their terms. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. ATTEST: iy Clerk WITNESSES: CITY OF BOYNTON BEACH, FLORIDA By: _A Lori LaVerriere, CiVj Manager HENRY SCHEIN MEDICAL A DIVISION OF HENRY SCHEIN, INC. Page 4 C:\Uscm\SLvWonct\Appdata\L_I\mimsoft\Windows\Tempomry Intern et Files\Contcnt.IMVAGZEGPO\Piggybael:_(Statt And MMCAP) Huey_Schein Medical Agmt.Docx EXHIBIT A AGREEMENT BETWEEN MINNESOTA MULTISTATE CONTRACTING ALLIANCE FOR PHARMACY, STATE OF FLORIDA AND HENRY SCHEIN MEDICAL A DIVISION OF HENRY SCHEIN, INC. Page 5 C:\Usas\Staazionet\Appdata\l=O\Microsoft\WindowslTemporsry lntcmct Filcs\CuntcnLW-5\VAGZE6PO\Piggyback (State And MMCAP) Hrnry_Schein Mcdical_Agm DKi --c