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Agenda Cover Memorandum for 02/ - City of West Palm Beach

Agenda Cover Memorandum for 02/ - City of West Palm Beach

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longer in good standing with his or her pr<strong>of</strong>ession and/or state, First Onsite<br />

shall immediately remove that Medical Pr<strong>of</strong>essional and immediately replace<br />

such Medical Pr<strong>of</strong>essional with another Medical Pr<strong>of</strong>essional that meets the<br />

requirements <strong>of</strong> this Agreement.<br />

1.8 Training and Expertise. First Onsite represents and warrants that the person or<br />

persons per<strong>for</strong>ming the Services specified herein have the requisite training, licenses and<br />

expertise necessary to fully and satisfactorily complete their obligations hereunder. First Onsite<br />

agrees that if further training or expertise is or becomes necessary or is required to fully and<br />

satisfactorily complete their obligations that First Onsite, or the person or persons employed by<br />

First Onsite, shall obtain such training, licenses or expertise. This provision shall not apply to<br />

the costs <strong>of</strong> any continuing education included as a Benefit. First Onsite further acknowledges<br />

that the <strong>City</strong> shall have no responsibility or duty to provide any such training, licenses or<br />

expertise <strong>for</strong> First Onsite which may be necessary or required <strong>of</strong> First Onsite in order to fully<br />

and satisfactorily complete its obligations, and that any fees in connection therewith shall be<br />

borne solely by First Onsite, and not the <strong>City</strong>. Prior to commencement <strong>of</strong> the Services under<br />

this Agreement, First Onsite shall provide to the <strong>City</strong> reasonable evidence <strong>of</strong> the qualifications<br />

<strong>of</strong> such Personnel. First Onsite will ensure that all Personnel complete and pass background<br />

checks to verify licensing and training in accordance with First Onsite’s Credentialing Process<br />

set <strong>for</strong>th in Exhibit H attached hereto.<br />

1.9 Quality <strong>of</strong> Work. First Onsite represents and warrants that:<br />

a. the Services to be per<strong>for</strong>med by it hereunder shall be accomplished in a<br />

pr<strong>of</strong>essional and competent manner consistent with the level <strong>of</strong> care and skill ordinarily<br />

exercised in the trade under similar circumstances;<br />

b. all deliverables and Services provided hereunder will be <strong>of</strong> merchantable<br />

quality and fit <strong>for</strong> the particular purposes <strong>of</strong> the <strong>City</strong>;<br />

c. First Onsite will comply with all applicable federal, state and local laws,<br />

rules, regulations and orders in connection with the per<strong>for</strong>mance <strong>of</strong> its obligations hereunder;<br />

d. First Onsite shall establish protocols <strong>for</strong> the operation <strong>of</strong> the Clinic <strong>for</strong> use<br />

by the Personnel and shall, upon request, provide such protocols to the <strong>City</strong>. Such protocols<br />

shall remain the proprietary in<strong>for</strong>mation <strong>of</strong> First Onsite and shall be returned to First Onsite<br />

after the termination <strong>of</strong> this Agreement; and<br />

e. First Onsite shall have annual Quality Assurance Reviews conducted <strong>for</strong><br />

the operations <strong>of</strong> the Clinic and shall promptly provide the results to the <strong>City</strong>.<br />

1.10 Hours <strong>of</strong> Operation. First Onsite shall provide the Services at the Clinic <strong>for</strong> a<br />

minimum <strong>of</strong> <strong>for</strong>ty (40) hours per week in accordance with the schedule attached hereto as<br />

Exhibit I. Any modifications to the operating schedule based on demand are subject to the<br />

<strong>City</strong>’s prior approval. The Physician, Physician Assistant or Nurse Practitioner shall be on site<br />

at all times that the Clinic is open.<br />

7

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