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

More documents

Recommendations

Info

12.6 Governing Law. The laws of the State of Florida shall govern this Agreement without giving effect to the conflict of laws provisions thereof. 12.7. Venue. Any claim or dispute between First Onsite and the City, if not settled by informal negotiations, shall be settled by litigation in a court of competent jurisdiction located in Palm Beach County, Florida. The City and First Onsite submit to the jurisdiction of Florida courts and federal courts located in Florida. The parties agree that proper venue for any suit concerning this Agreement shall be Palm Beach County, Florida, or the Federal Southern District of Florida. First Onsite agrees to waive all defenses to any suit filed in Florida based upon improper venue or forum nonconveniens. TO ENCOURAGE PROMPT AND EQUITABLE RESOLUTION OF ANY LITIGATION, EACH PARTY HEREBY WAIVES ITS RIGHTS TO A TRIAL BY JURY IN ANY LITIGATION RELATED TO THIS AGREEMENT. 12.8 Severability.The provisions of the Agreement shall be severable, and if any clause, sentence, paragraph, provision or other part hereof shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder hereof, which remainder shall continue in full force and effect. 12.9 Entire Agreement. It is understood that the foregoing represents the entire agreement between the parties hereto. This Agreement supersedes all prior contracts and understandings between the parties with respect to the subject hereof. No amendment to or modification of this Agreement shall have any effect unless agreed upon in writing by the authorized representatives of each party. The Mayor shall have the authority to execute amendments to this Agreement for changes relating to the operation of the Clinic such as staffing levels, performance guarantees and hours of operation. 12.10 Gender; Number. Whenever the context of this Agreement requires, the masculine gender shall include the feminine or neuter, and the singular number shall include the plural. 12.11 Third-Party Beneficiary. First Onsite and the City acknowledge that nothing contained herein is intended to nor shall it cause any person, including any individual partner of First Onsite, or entity to become a third-party beneficiary of any of the provisions or obligations of this Agreement. 12.12 Corporate Authorization. Each individual executing this Agreement on behalf of a corporation or company represents and warrants that he or she is duly authorized to execute and deliver this Agreement on behalf of said corporation; that this Agreement is binding on said corporation or company in accordance with its terms; and that this Agreement is not in violation of or inconsistent or contrary to provisions of any other agreement which such corporation or company is a party. 12.13 Section and Other Headings. The article and other headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. 12.14 Counterparts. This Agreement may be executed in one or more counterparts, all of which together shall constitute only one Agreement. 20
12.15 No Discrimination in Employment. First Onsite shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to his hire, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment, or in the provision of Services under this Agreement, because of race, religion, color, sex, disability, national origin, ancestry, age, disability, familial status, marital status, sexual orientation, gender identity or expression, or any other factor which cannot be lawfully used as a basis for service delivery or employment. 12.16 Representations and Warranties. a. First Onsite represents and warrants that it and its representatives providing services hereunder: (i) are not currently excluded, debarred, or otherwise ineligible to participate in the Federal health care programs as defined in 42 U.S.C. Section 1320a-7b(f) (the “Federal health care programs”); (ii) are not convicted of a criminal offense related to the provision of health care items or services but have not yet been excluded, debarred or otherwise declared ineligible to participate in the Federal health care programs, and (iii) are not under investigation or otherwise aware of any circumstances which may result in the party or any of its representatives being excluded from participation in the Federal health care programs. This will be an ongoing representation and warranty during the term of this Agreement and First Onsite will immediately notify the City of any change in status of the representation and warranty set forth in this section. Any breach of this Section will give the City the right to immediately terminate this Agreement for cause. b. First Onsite represents that it is duly licensed to perform the Services under this Agreement and that it will continue to maintain all licenses and approvals required to conduct its business. c. First Onsite warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for First Onsite, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for First Onsite, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. In the event of a breach or violation of this provision by First Onsite, the City shall have the right to terminate the Agreement without liability and, at its discretion, to deduct from the fee, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. d. First Onsite represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes), and certifies that First Onsite and its subcontractors, if any, under this Agreement have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within 36 months from the date of submitting a proposal for this Agreement or entering into this Agreement. Violation of this section may result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from City’s competitive procurement activities. 21
Page 1 and 2: Originating Department: Human Resou
Page 3 and 4: AGENDA COVER MEMORANDUM Page 3 C.M.
Page 5 and 6: February 7, 2011 RESOLUTION NO. 48-
Page 7 and 8: February 7, 2011 4 RESOLUTION NO. 4
Page 9 and 10: February 7, 2011 FUND 133 - WATERFR
Page 11 and 12: February 7, 2011 8 RESOLUTION NO. 4
Page 13 and 14: RESOLUTION NO. 41-11 A RESOLUTION O
Page 15 and 16: Matter No. 10067 ITN No. 08/09-131
Page 17 and 18: “Medical Professionals” shall m
Page 19 and 20: less the estimated cost of any Supp
Page 21 and 22: longer in good standing with his or
Page 23 and 24: isk; thus, the amount forfeited in
Page 25 and 26: SECTION 3. Covenants and Responsibi
Page 27 and 28: Exhibit K b. Start Up Costs; c. the
Page 29 and 30: SECTION 8. Indemnification. First O
Page 31 and 32: 9.7 Certificates of Insurance. Firs
Page 33: States Mail if mailed, upon acknowl
Page 37 and 38: earthquake, volcanic action, flood,
Page 39 and 40: Exhibit A Scope of Clinical Service
Page 41 and 42: Medical Surveillance � Hearing -
Page 43 and 44: EXHIBIT B SCOPE OF MANAGEMENT SERVI
Page 45 and 46: EXHIBIT D INVENTORY (attached heret
Page 47 and 48: EXHIBIT F PHYSICIAN’S AGREEMENT (
Page 49 and 50: EXHIBIT H CREDENTIALING PROCESS (at
Page 51 and 52: EXHIBIT J MINIMUM SQUARE FOOTAGE RE
Page 53 and 54: EXHIBIT L REPORTING REQUIREMENTS (a
Page 55 and 56: Assessing Health Risks Personal Hea
Page 57 and 58: City of West Palm Beach January 18,
Page 59 and 60: � What the coach has learned abou
Page 61 and 62: Online Content & Tools City of West
Page 63 and 64: City of West Palm Beach January 18,
Page 65 and 66: COMPREHENSIVE SUPPLIES AND EQUIPMEN
Page 71 and 72: e sent to such patient and emergenc
Page 73 and 74: life, disability, and dental benefi
Page 75 and 76: compensation due to him or her for
Page 77 and 78: A. Custody of Medical Records. Phys
Page 79 and 80: 6.A.iii hereof, Employer agrees tha
Page 81 and 82: Attn: Brian Jones, Vice President 3
Page 83 and 84: ___________________________________
Page 85 and 86:
to use up to ____________ (_____) r
Page 87 and 88:
2 Chapter 5 General Policy 5-1 Admi
Page 89 and 90:
SECTION V- MISCELLANEOUS PROVISIONS
Page 91 and 92:
Effective Date Chapter 5 January 1,
Page 93 and 94:
City of West Palm Beach employment:
Page 95 and 96:
City of West Palm Beach basis. (c)
Page 97 and 98:
City of West Palm Beach 1. candidat
Page 99 and 100:
employee’s first day of employmen
Page 101 and 102:
City of West Palm Beach investigati
Page 103 and 104:
iii. Termination from a previous jo
Page 105 and 106:
City of West Palm Beach ESTIMATED P
Page 107:
Report Name Description Frequency O
show all

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

Create successful ePaper yourself

Delete template?

Save as template?