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

1.11 Eligibility. Eligibility to receive Clinical Services is limited to Covered Persons.
First Onsite shall verify that a person coming to the Clinic is a Covered Person and City shall
require Covered Persons to produce photo identification.
1.12 Compliance with Laws. First Onsite covenants and agrees that it and any of its
subcontractors and agents are bound by and will observe and perform all duties required under
all applicable local, state and federal laws, ordinances, rules and regulations including but not
limited to Title VII of the Civil Rights Act of 1964 (Pub. L. 88-352), as amended, Occupational
Safety and Health Act of 1970 29 U.S. C. Section 651 et seq., as amended, Employee
Retirement Income Security Act of 1974, the Health Insurance Portability and Accountability
Act of 1996, as amended, the Consolidated Omnibus Budget Reconciliation Act, the Social
Security Act, the United States Fair Labor Standards Act and the Immigration Reform and
Control Act. First Onsite further covenants and agrees that with respect to laws applicable to
the establishment or maintenance of an on-site health clinic First Onsite shall take any and all
actions necessary to conform to such laws.
1.13 Project Representative. First Onsite hereby designates Debbie Sullivan, Director
of Operations, as First Onsite’s project representative (“First Onsite Project Representative”)
to represent First Onsite in all of its dealings with the City relating to the operation and
management of the Clinic. First Onsite may replace the Project Representative at its sole
discretion upon prior written notice to the City.
1.14 Dispensing Pre Packaged Prescriptions. The Clinic shall dispense pre packaged
prescription drugs to Covered Persons. The basic formulary will be determined based on the
prescription utilization and financial benefit to the City versus costs through the insurance plan
or as agreed upon should changes and adjustments be desired by the City in accordance with the
dispensing laws of the State of Florida. All medications will be stocked in accordance with
applicable regulations. No controlled substances will be stocked. First Onsite will track and
make every reasonable effort to maintain inventory levels necessary to meet patient needs as
forecasted through expected utilization with the understanding the Medical Professional
maintains autonomy when it comes to medication prescribing and determining what is
medically necessary with regard to patient care.
1.15 First Onsite agrees to use best efforts to make available to the Clinic any
programs used in its other facilities, provided that they are not proprietary to other facilities, to
increase the efficiency of the Clinic operations including but not limited to making pre
appointment paperwork available on line.
SECTION 2. Performance Guarantees.
2.1 First Onsite provides the following performance guarantees (“Performance
Guarantees”) and, unless otherwise indicated, agrees to achieve each metric and that each
metric will be measured on a quarterly basis. The percentages listed in the columns styled “1 st
Year” and “2 nd & Subsequent Years” below, constitute that portion of 50% of Management Fee
that is at risk of forfeiture. Thus, by means of example: for each month in the second year in
which First Onsite’s electronic medical records system is not fully functional 95% of the time,
First Onsite agrees to forfeit one-twelfth of the 8% of the 50% of the annual Management Fee at
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