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

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12.17 No Conflicts. a. First Onsite represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with its performance under this Agreement. First Onsite further represents that no person having any interest shall be employed or engaged by it for said Services. b. First Onsite, its officers, personnel, subsidiaries and subcontractors shall not have or hold any continuing or frequently recurring employment, contractual relationship business association or other circumstance, which may influence or appear to influence First Onsite’s exercise of judgment or quality of the Services being provided under this Agreement. First Onsite, its officers, personnel, subsidiaries and subcontractors shall not perform services for any third party that would in any way be in conflict with the Services to be provided to the City under this Agreement. c. First Onsite shall promptly notify the City in writing by certified mail of all potential conflicts of interest or any event described in this Section. Said notification shall identify the prospective business interest or circumstance and the nature of work that First Onsite intends to undertake and shall request the opinion of the City as to whether such association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by First Onsite. The City agrees to notify First Onsite by certified mail of its opinion within thirty (30) calendar days of receipt of the said notification and request for opinion. If, in the opinion of the City, the prospective business association, interest or circumstance would not constitute a conflict of interest by First Onsite, the City shall so state in its opinion and First Onsite may, at its option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the City by First Onsite under this Agreement. d. In the event First Onsite is permitted to utilize subcontractors to perform any services required by this Agreement. First Onsite agrees to prohibit such subcontractors, by written contract, from having any conflicts as within the meaning of this section. 12.18 Taxes. First Onsite understands that in performing the Services for the City, First Onsite is not exempt from paying sales tax to First Onsite’s suppliers for materials required for First Onsite to perform under this Agreement. First Onsite shall not be authorized to use the City’s tax exemption number for purchasing supplies or materials. 12.19 Availability of Funds. This Agreement is expressly conditioned upon the availability of funds lawfully appropriated and available for the purposes set out herein as determined in the sole discretion of the City. In the event funds to finance this Agreement become unavailable, the City may terminate this Agreement upon no less than twenty-four (24) hours notice to First Onsite. The City shall be the sole and final authority as to the availability of funds. 12.20 Force Majeure. Any deadline provided for in this Agreement may be extended, as provided herein, if the deadline is not met because of one of the following conditions occurring with respect to that particular project or parcel: fire, strike, explosion, power blackout, 22
earthquake, volcanic action, flood, war, civil disturbances, terrorist acts, hurricanes and acts of God. When one of the foregoing conditions interferes with contract performance, then the party affected may be excused from performance on a day-for-day basis to the extent such party’s obligations relate to the performance so interfered with; provided, the party so affected shall use reasonable efforts to remedy or remove such causes of non-performance. The party so affected shall not be entitled to any additional compensation by reason of any day-for-day extension hereunder. 12.21 Controlling Provisions. Except as otherwise specifically provided herein, in the event of any conflict between the specific provisions of this Agreement and the requirements or provisions of the ITN and/or Proposal, the provisions shall be given precedence in the following order: (1) this Agreement, (2) the ITN; and (3) the Proposal. Wherever possible, the provisions of the documents shall be construed in such manner as to avoid conflicts between provisions of the various documents. 23
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 and 34: States Mail if mailed, upon acknowl
Page 35: 12.15 No Discrimination in Employme
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
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2 Chapter 5 General Policy 5-1 Admi
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SECTION V- MISCELLANEOUS PROVISIONS
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Effective Date Chapter 5 January 1,
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City of West Palm Beach employment:
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City of West Palm Beach basis. (c)
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City of West Palm Beach 1. candidat
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employee’s first day of employmen
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City of West Palm Beach investigati
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iii. Termination from a previous jo
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City of West Palm Beach ESTIMATED P
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Report Name Description Frequency O
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Agenda Cover Memorandum for 02/ - City of West Palm Beach

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