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12/15/2010 AgreementDANNYL. KOLHAGE CLERIC' OF THE CIRCUIT COURT DATE: January 14, 2011 TO: Teresa Aguilar Employee Services ATTN. • Christine Diaz FROM: Isabel C. DeSantis, D. C. At the December 15, 2010, Board of County Commissioner's meeting the Board approved Item C26 to piggyback on a competitively bid Contract between Monroe County Sheriff and Key West Urgent Care to provide employment post -offer physicals. Enclosed is a fully executed electronic copy of the above -mentioned for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Attorney email Finance email File AGREEMENT MONROE COUNTY CONTRACT FOR EMPLOYMENT PHYSICAL SERVICES EXHIBIT 1 Scope of Services - a Attachment A 2010 Contract for Medical Services (4 pages) ...... N Attachment B Written Permission from Monroe County Sheriff's office W r o 0 Attachment C Written Permission from Key West Urgent Care, Inc. Attachment D Report of Medical History to be reviewed by Physician Attachment E Report of Medical Examination to be completed by Physician THIS AGREEMENT ("Agreement") is made and entered into this 15th day of December, by MONROE COUNTY ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 and Key West Urgent Care ("CONTRACTOR"), whose address is 1501 Government Road, Key West, FL 33040. Section 1. SCOPE OF SERVICES CONTRACTOR shall do, perform and carry out in a professional and proper manner certain duties as described in the Scope of Services — Exhibit 1 — which is attached hereto and made a part of this agreement. CONTRACTOR shall provide the scope of services in Exhibit Al for COUNTY. CONTRACTOR warrants that it is authorized by law to engage in the performance of the activities herein described, subject to the terms and conditions set forth in these Agreement documents. The CONTRACTOR shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. Contractor shall provide services using the following standards, as a minimum requirement: A. The CONTRACTOR shall maintain adequate staffing levels to provide the services required under the Agreement. B. The personnel shall not be employees of or have any contractual relationship with the County. To the extent that Contractor uses subcontractors or independent contractors, this Agreement specifically requires that subcontractors and independent contractors shall not be an employee of or have any contractual relationship with County. C. All personnel engaged in performing services under this Agreement shall be fully qualified, and, if required, to be authorized or permitted under State and local law to perform such services. Section 2. QUALIFICATIONS NECESSARY OF CONTRACTOR The CONTRACTOR must provide an adequate staff of experienced personnel, capable of and devoted to the successful accomplishment of work to be performed under any contract with the County. Section 3. COUNTY'S RESPONSIBILITIES 3.1 Provide all best available information as to the COUNTY'S requirements for the Scope of Services described in Exhibit 1 to this Agreement. 3.2 Designate in writing a person with authority to act on the COUNTY'S behalf on all matters concerning said services. Section 4. TERM OF AGREEMENT 4.1 The initial Agreement term will be effective December 15, 2010 until September 30, 2013. 4.2 This Agreement shall be in effect until the expiration date or until either party gives the other notice of cancellation in accordance with the terms set forth below. Section 5. COMPENSATION Compensation to CONTRACTOR will be in the amount of $50 per employment physical. Section 6. PAYMENT TO CONTRACTOR 6.1 Payment will be made according to the Florida Local Government Prompt Payment Act. Any request for payment must be in a form satisfactory to the Clerk of Courts for Monroe County (Clerk). The request must describe in detail the services performed and the payment amount requested. The CONTRACTOR must submit invoices to the appropriate offices marked Group Insurance. The respective office supervisor and the Director of Employee Services, who will review the request, note his/her approval on the request and forward it to the Clerk for payment. 6.2 Continuation of this Agreement is contingent upon annual appropriation by Monroe County Board of County Commissioners. Section 7. CONTRACT TERMINATION Either party may terminate this Agreement because of the failure of the other party to perform its obligations under the Agreement. COUNTY may terminate this Agreement with or without cause upon thirty (30) days notice to the CONTRACTOR. COUNTY shall pay CONTRACTOR for work performed through the date of termination. Section 8. CONTRACTOR'S ACCEPTANCE OF CONDITIONS A. CONTRACTOR hereby agrees that he/she has the personnel, equipment, and other requirements suitable to perform this work and assumes full responsibility therefore. B. The passing, approval, and/or acceptance by COUNTY of any of the services furnished by CONTRACTOR shall not operate as a waiver by COUNTY of strict compliance with the terms of this Agreement, and specifications covering the services. C. CONTRACTOR agrees that County Administrator or his designated representatives may visit: CONTRACTOR'S facility (ies) periodically to conduct random evaluations of services during CONTRACTOR'S normal business hours. D. CONTRACTOR has, and shall maintain throughout the term of this Agreement, appropriate licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to COUNTY upon request. Section 9. NOTICES Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: To the COUNTY: Employee Services Director 1100 Simonton Street, Suite 2-268 Key West, Florida 33040 To the CONTRACTOR: Dr. John Ray VanTuyl, MD Key West Urgent Care 1501 Government Road Key West, FL 33040 Section 10. RECORDS CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Section 55.03 of the Florida Statutes, running from the date the monies were paid to CONTRACTOR. Section 11. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020-1990 The CONTRACTOR warrants that it has not employed, retained or otherwise had act on its behalf any, former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision the COUNTY may, in its discretion, terminate this agreement without liability and may also, in its discretion, deduct from the agreement or purchase price, or otherwise recover the full amount of any fee, commission, percentage:, gift, or consideration paid to the former County officer or employee. Section 12. CONVICTED VENDOR A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a Agreement with a public entity for the construction or repair of a public building or public work, may not perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under Agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for the Category Two for a period of 36 months from the date of being placed on the convicted vendor list. Section 13. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. Section 14,. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. Section 15., ATTORNEY'S FEES AND COSTS The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, and court costs, as an award against the non -prevailing party. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the Circuit Court of Monroe County. Section 16. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. Section 17. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Section 18. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement shall not be subject to arbitration. Section 19. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. Section 20. NONDISCRIMINATION COUNTY and CONTRACTOR agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination in employment on the basis of race, color, national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681- 1683, and '1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps: 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment ,Act of 1972 (PL 29-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3) as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC ss. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. Section 21,. COVENANT OF NO INTEREST COUNTY and CONTRACTOR covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. Section 22„ CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Section 23. NO SOLICITATION/PAYMENT The COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, 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 bonafide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. Section 24. PUBLIC ACCESS The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all docurnents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CONTRACTOR in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR. Section 25. NON -WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the COUNTY and the CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the COUNTY be required to contain any provision for waiver. Section 26. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. Section 27,. LEGAL OBLIGATIONS AND RESPONSIBILITIES Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. Section 28. NON -RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. Section 29. ATTESTATIONS CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, including, but not being limited to, a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement, Lobbying and Conflict of Interest Clause, and Non -Collusion Agreement. Section 30. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. Section 31,. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. Section 32.. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. Section 33. INSURANCE POLICIES 33.1 General Insurance Requirements for Other Contractors and Subcontractors. As a pre -requisite of the work governed, the CONTRACTOR shall obtain, at his/her own expense, insurance as specified in any attached schedules, which are made part of this contract. The CONTRACTOR will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the CONTRACTOR. As an alternative, the CONTRACTOR may require all Subcontractors to obtain insurance consistent with the attached schedules; however CONTRACTOR is solely responsible to ensure that said insurance is obtained and shall submit proof of insurance to COUNTY. Failure to provide proof of insurance shall be grounds for termination of this Agreement. The CONTRACTOR will not be permitted to commence work governed by this contract until satisfactory evidence of the required insurance has been furnished to the COUNTY as specified below. Delays in the commencement of work, resulting from the failure of the CONTRACTOR to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the CONTRACTOR's failure to provide satisfactory evidence. The CONTRACTOR shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced and/or termination of this Agreement and for damages to the COUNTY. Delays in the completion of work resulting from the failure of the CONTRACTOR to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the CONTRACTOR's failure to maintain the required insurance. The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required insurance, either: • Certificate of Insurance or • A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non -renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on general liability and vehicle liability policies. 33.2 General Liability Insurance Requirements For Contract Between County And Contractor Prior to the commencement of work governed by this contract, the CONTRACTOR shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Bodily Injury Liability • Expanded Definition of Property Damage The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 33.3 Workers' Compensation Insurance Requirements Prior to commencement of work governed by this contract, the CONTRACTOR shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. In addition, the CONTRACTOR shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. 33.4 Professional Liability Requirements Recognizing that the work governed by this contract involves the furnishing of advise or services of a professional nature, the Contractor shall purchase and maintain, throughout the life of the contract, Professional Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of the Contractor arising out of work governed by this contract. The minimum limits of liability shall be: $1,000,000 per occurrence and aggregate Section 34. INDEMNIFICATION The CONTRACTOR does hereby consent and agree to indemnify and hold harmless the COUNTY, its Mayor, the Board of County Commissioners, appointed Boards and Commissions, Officers, and the Employees, and any other agents, individually and collectively, from all fines, suits, claims, demands, actions, costs, obligations, attorneys fees, or liability of any kind arising out of the sole negligent actions of the CONTRACTOR or substantial and unnecessary delay caused by the willful nonperformance of the CONTRACTOR and shall be solely responsible and answerable for any and all accidents or injuries to persons or property arising out of its performance of this contract. The amount and type of insurance coverage requirements set forth hereunder shall in no way be construed as limiting the scope of indemnity set forth in this paragraph. Further the CONTRACTOR agrees to defend and pay all legal costs attendant to acts attributable to the sole negligent act of the CONTRACTOR. At all times and for all purposes hereunder, the CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners. No statement contained in this agreement shall be construed so as to find the CONTRACTOR or any of his/her employees, contractors, servants or agents to be employees of the Board of County Commissioners for Monroe County. As an independent contractor the CONTRACTOR shall provide independent, professional judgment and comply with all federal, state, and local statutes, ordinances, rules and regulations applicable to the services to be provided. The CONTRACTOR shall be responsible for the completeness and accuracy of its work, plan, supporting data, and other documents prepared or compiled under its obligation for this project, and shall correct at its expense all significant errors or omissions therein which may be disclosed.. The cost of the work necessary to correct those errors attributable to the CONTRACTOR and any damage incurred by the COUNTY as a result of additional costs caused by such errors shall be chargeable to the CONTRACTOR. This provision shall not apply to any maps, official records, contracts, or other data that may be provided by the COUNTY or other public or semi-public agencies. The CONTRACTOR agrees that no charges or claims for damages shall be made by it for any delays or hindrances attributable to the COUNTY during the progress of any portion of the services specified in this contract. Such delays or hindrances, if any, shall be compensated for by the COUNTY by an extension of time for a reasonable period for the CONTRACTOR to complete the work schedule. Such an agreement shall be made between the parties. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day of 20_. (SEAL) Attest: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA By Deputy Clerk (CORPORATE SEAL) ATTEST: By PP�oc,►�D �45 To BOARD OF COUNTY COMMISSIONERS by Mayor/Chairman KEY WEST URGENT CARE b T tle: L/ EXHIBIT 1 SCOPE OF SERVICES SPECIFICATIONS The services are to be provided on an as needed basis during the normal business hours of the Contractor. The Contractor shall provide post -offer physicals at the rate of $50 per physical. The forms to be reviewed and completed by the Contractor are attached to this agreement (Attachments D and E). LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO.010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE en -f C. a Company) ne "...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the Former County officer or employee." i nature) te STATE OF: f► sk COUNTY OF: M(0 L Subscribed anNail o (or affirmed) before me on c (date) by _ 1 (name of affiant). H /She is personally lkno:w:�16 me or has produced (type of identification) as identification. NOTARY PUBLIC ., "" - Y PAMELAL. PUMAR My Commission Expir �+o • •., state of Florida ' a M Commission Expires Nov 27, 2011 ±r�oF " Commission # DD 737309 MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL Indemnification and Hold Harmless For Other Contractors and Subcontractors The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by negligence, errors, or other wrongful act of omission of the Contractor or its Subcontractors in any tier, their employees, or agents. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR EMPLOYMENT PHYSICAL SERVICES BETWEEN MONROE COUNTY, FLORIDA AND KEY WEST URGENT CARE Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self -insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. GENERAL LIABILITY INSURANCE REQUIREMENTS FOR EMPLOYMENT PHYSICAL SERVICES BETWEEN MONROE COUNTY, FLORIDA AND KEY WEST URGENT CARE Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability • Professional Liability • Expanded Definition of Property Damage The minimum limits acceptable shall be: 300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $_100,000 _ per Person $_300,000 per Occurrence $_ 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL WAIVER OF INSURANCE REQUIREMENTS There will be times when it will be necessary, or in the best interest of the County, to deviate from the standard insurance requirements specified within this manual. Recognizing this potential and acting on the advice of the County Attorney, the Board of County Commissioners has granted authorization to Risk Management to waive and modify various insurance provisions. Specifically excluded from this authorization is the right to waive: • The County as being named as an Additional Insured — If a letter from the Insurance Company (not the Agent) is presented, stating that they are unable or unwilling to name the County as an Additional Insured, Risk Management has not been granted the authority to waive this provision. And • The Indemnification and Hold Harmless provisions Waiver of insurance provisions could expose the County to economic loss. For this reason, every attempt should be made to obtain the standard insurance requirements. If a waiver or a modification is desired, a Request for Waiver of Insurance Requirement form should be completed and submitted for consideration with the proposal. After consideration by Risk Management and if approved, the form will be returned, to the County Attorney who will submit the Waiver with the other contract documents for execution by the Clerk of the Courts. Should Rises; Management deny this Waiver Request, the other party may file an appeal with the County Administrator or the Board of County Commissioners, who retains the final decision - making authority. NON -COLLUSION AFFIDAVIT I, Rrte� Oq & of the city of KeU tt,)esf according to law on my oath, and under pe alty of perjury, depose and gay that 1. 1 am V t 0 e jQ Fe S of the firm of 'ethe bidder making the Prop sal for the projrol"&t escribed in th Request for Proposals for o t A and that I executed the said proposal with full authority to 00 so; 2. The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4. No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; and 5. The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. (Si na ure) i Dat STATE OF:�� lXlti COUNTY OF: Y Y l m r o L Subscribed) and sworn to (or affirmed) before me on (date) by _ - JUvf VMy (name of affiant). He/She is �s�onallknown me or has produced (type of identification) as identification PAJ a '� " �' -/ NOTARY PUBLIC My Co "-Cx PAMELAL. PUMAR crs lRkWPublic - State of Florida * " 6 My Commission Expires Nov 27. 2011 .• Commission # DD 737309 °%F•°,`,F �d''� Bonded Through National Notary Assn. DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statutes Section 287.087 hereby certifies that: (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. (Si na ure) Date: STATE OF: 01 & k COUNTY OF: 1M0& f d= Subscribed and sworn to (or affirmed) before me on 1 1 (date) by (name of affiant). H e is personally known to me or has produced (type of ident' 'cation) as identification. NOTARY PUBLIC My Commission Expir a�"""•. PAMELAL. PUMAR •o�►R� A�4's Notary Public -State of Florida My Commission Expires Nov 27, 2011 V' Commission # DD 737309 ,`` Bonded Thmunh N,,Nn­'r'nt1rv4 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, malt not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entifiy in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither ri t? f Van 1 (Respondent's name) nor any Affiliate has been placed on the convicted vendor list w*th6 the last 36 months. (SigrTat re) Datet� STATE OF: �fl DIZI\(x� COUNTY OF: Moln Subscribed and sworn Iffirmed) before me on 1 1 (date) by _ (name of affiant). a/She is personally known to me or has produced (type of identification) as identification. n NOTARY PUBLIC My Commission Expires: +""""'• PAME7. PUMAR Notary Public - State of Florida # • • e My Commission Expires Nov 27, 2011 Commission # DD 737309 Bonded Through National Notary Assn. INSURANCE REQUIREMENTS Worker's Compensation $ 100,000 Bodily Injury by Acc. $ 500,000 Bodily Inj. by Disease, policy Imts $ 100,000 Bodily Inj. by Disease, each emp. General Liability, including $ 300,000 Combined Single Limit Premises Operation Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Expanded Definition of Property Damage Professional Liability $250,000 per Occurrence and Including errors and omissions $750,000 Aggregate The Monroe County Board of County Commissioners shall be named as Additional insured on general liability policy. CONTRACT FOR EMPLOYMENT PHYSICAL SERVICES KW URGENT CARE 2010 ATTACHMENT A 2010 Contract for Medical Services (ECO NEAP 3 0 2010, Monroe County Sheriff's Office and Key West Urgent Care 1-Purpose: The Monroe Country, the State of Florida, requires medical efrviceeshfor itsce S'temployees. Key West ),apolitical subdivision of a Florida corporation doing business as Key West Urgent Careis qua fled and Urgent Care, Ito provide those services to MCSO. This Contract states the terms of the agreement t between the parties. g g . Parties: The parries to this Contract are MCSO and Key West Urgent Care. mailing address and points of contact for the parries are: The Donna Moore, Executive Director of Human Resources Monroe County Sheriffs Office 5525 College Road Key West, Florida 33040 Telephone: (305) 292 7044 Facsimile: (305) 292 7159 Dr. John Ray VanTuyl, MD Key West Urgent Care -C� ---I'583"Government Road Key West, FL 33040 U Telephone: 305-295-7550 Facsimile: VJ EIN: 3-Term: The term of this Contract begins the day when both parries have s' ends September 30, 2013. Igned it It 4-Early Termination for Convenience of the parties: Contract for any reason after providing sEither party May terminate (60) days advance written ter ate this other party, notice to the 5-Services and Fees: A list of the services Key West Urgent Care agrees to the fees MCSO agrees to pay for each service, is con provide, and titled "Medical Services Provided by Key West Urgent Care and Fees fors Exhibit A Service G-Invoicing And Payment: Key West Urgent Care will submit invoices and b MCSO on a monthly basis. e paid by Page 1 of 1 7-Representations of Key West Urgent Care A -Audit trail• Key West Urgent Care agrees to maintain and make available irecords sufficient to permit a proper audit of its performance of this Contract. B-Debarment: Key West Urgent Care represents that it has never had a contract bid or proposal rejected, suspended, or cancelled due to any allegation of a failure to comply with any federal, state or local government law or regulation regarding ' competitive bidding or auditing or accounting standards. C-Insurance: Key West Urgent Care represents that all physicians providing services under this contract are covered by medical malpractice insurance in amounts sufficient for hospital admission in the State of Florida. Certificates of insurance for Key West Urgent Care and each medical professional are attached to this Contract an by reference made a part hereof. Key West Urgent Care will main d malpractice coverage during g fain existing g the term of this Contract. Key West Urgent Care must Provide written notice to MCSO of any change of coverage, terms, or carrier. 8-Indemnification: Key West Urgent Care agrees to hold harmless, indemnifyand defend the Monroe County Sheriffs Office, Sheriff Robert P. Peryam and his predecessors and successors in office, and each and every one of his deputies, employees, and attorneys from any and all loss, damage, claim or judgment arisingout of the provision of services pursuant to this Contract. 9-Prohibition Against Assignment: Neither party shall assign all or any portion of its duties or rights under this Contract without the prior written consent of the other P 10-Independent Status: Key West Urgent Care is an independent contra r it nor any of its personnel are employees or agents of MCSO. Neither Key West Neither Care nor its personnel will make any statement or representation on behalf of MCS O. 16-Paragraph Headings Not Dispositive: The parties agree that the headings given the Paragraphs and other subdivisions of this Contract are for ease of reference onl and are not dispositive in the interpretation of Contract language. y 17-No Presumption Against Drafter: The freely negotiated by both parties, and that,Parties agree that this Contract has been interpretation, validity, or enforceabilityy dispute over the meaning, Provisions, there shall be no Presumption fwhatsoever aataiin t i he its terms or their having drafted this Contract or any portion thereof. either Perry by virtue of Page 2 of 2 u 1 S-Governing Law and Venue: This Contract shall be construed, interpreted and governed by the laws of the State of Florida. Venue for any litigationarisin g outt of t ' Contract will be in Monroe County, Florida. g hrs 19-Entire Agreement: This Contract expresses the complete and final understanding the parties hereto, that any and all negotiations and representations not inclu of or referred to herein are hereby abrogated and that this Contract cannot be changed, included herein modified or vaned except by a written instrument signed by all parties hereto. There no private" or "side agreements." here are 20-Authority of Signatories: The persons signing this Contract represent that authority to bind their principles its terms. t they UNDERSTOOD .AND AGREED TO THI'5,-)_(0 DAY OF KEY WEST URGENCA, 2010. T' S M4OE COUN � ^�a FF'S By. z�' "_J b G , OFFICE Authorized represe five r Au orized representative 1 Printed name and titre Witnesses as to Key W Page 3 of 3 Printed name and title Medical Services Provided & Fees for Service -. Ph sical ---- - Key West Urgent Care - — ---- --- ------------ EKG ----� -- --- ---$5--- TB Test ------ -- -- - _..----- --- 0 -- - ------------------- U $30- - -- - --------- --- $10 Complete Blood count (CBC) $40 Comprehensive Metabolic Panel -- (CMP) ------------ Drug Test (10 Panel) ---- --- 40 --- -- $50 Drug Test Collectlon only --------. _ 1 B Vaccination *Fitness for Duty $90/no charge if done with *Consultation with Sheriff ----- Physical -- -- Designee --- N vmerry iriesplrator test) $50 *Range of Motion Test *Audiogram - --- --- *Hep B Surface Antibody-- $15 *If Applicable --- Tote- Cost - _- CONTRACTFOR EMPLOYMENT PHYSICAL SERVICES KW URGENT CARE 2010 .ATTACHMENT B Sherift SUBSTATIONS Freeman Substation 20950 Overseas Hwy. Cudjoe Key, FL 33042 (305)745-3184 FAX (305) 745-3761 Marathon Substation 3103 Overseas Hwy. Marathon, FL 33050 (305) 289-2430 FAX (305) 289-2497 Islamorada Substation 87000 Overseas Hwy. Islamorada, FL 33036 (305)853-7021 FAX (305) 853-9372 Roth Building 50 High Point Roa Tavernier. FL 33070 (305) 853-3211 FAX (305) 853-3205 DETENTION CENTERS Key West Det. Center 5501 College Road Key West, FL 33040 (305) 293-7300 FAX (305) 293-7353 Marathon Det. Facility 3981 Ocean Terrace Marathon, FL 33050 (305)289-2420 FAX (305) 289-2424 Plantation Det. Facility 53 High Point Road Plantation Key, FL 33070 (305)853-3266 FAX (305) 853-3270 October 26, 2010 .Monroe County Sheriff's Office Robert T Teryam, Sheriff 5525 Coffege Road Key ` Vest, 'Florida 3.3040 (305) 292-7000 TAX.- (305) 292-7070 1-800-273-COTS 4L'ttllu . kysso. net Dr. John Ray VanTuyle Attention: Jante VanTuyle — Officer Manager ]Key West Urgent Care 1501 Government Road ]Key West, FL 33040 RE: Monroe County Board of County Commissioners Dear Mrs. VanTuyle: Please be advised that the Monroe County Sheriff's Office (MCSO) is authorizing the Board of County Commissioners (BOCC) to utilize the services outlined in the MCSO contract with Key West Urgent Care. The Monroe County Sheriff's Office will not be responsible for payment for services rendered to BOCC employees and/or applicants. Billing for services for BOCC employee and/or applicants should be sent to: Board of County Commissioners Teresa Aguiar, Employee Services Director 1.100 Simonton Street — Room 2-268 Key West, FL 33040 Please contact me if you have any questions or require additional information at (305) 2927044. SPECIAL OPERATIONS , �� cerely, P.O. Box 500975 Marathon, FL 33050 (305) 289-2410 r FAX (305) 289-2498 AVIATION DIVISION I)Onn A. Moore, Executive Director 10100 Overseas Hwy. Marathon, FL 33050 (305) 289-2777 FAX (305) 289-2776 cc: Teresa Aguiar, Employee Services Director COMMUNICATIONS 2796 Overseas Hwy. Marathon, FL 33050 (305) 289-2351 t t t t FAX (305) 289-2493 iL 1 3A ea 11,, AwediWicu Camotiuiam CONTRACTFOR EMPLOYMENT PHYSICAL SERVICES KW URGENT CARE 2010 ATTACHMENT C Aguiar-Teresa From: Janet Van Tuyl 0lv_kwuc@belIsouth.net] Sent: Monday, November 08, 2010 1:57 PM To: Aguiar-Teresa Subject: RE: Physicals Teresa, We are happy to perform physicals for the BOCC under the same contract as agreed to with the MCSO. The attached physical will be completed with the exception of #18 (we will be able to remark on any dental disease or defect),# 19A(4),B,C,D,E,F, #29,00, #31, #32, #34, #36, #37, #38, #41. These portions were not agreed to with the MCSO or were not requested by the BOCC. This physical will be done for $50 each. If a urine drug screen is required it will be an additional $50 each. Let me know if this needs to be changed in any way. Thank you for your business, Janet Van Tuyl Key West Urgent Care, Inc.�- 1501 Government Road Key West, FL .33040 Phone:305-295-7550 Fax:305-296-3-010 Email: ilv_kwuc(ic;bellsouth.net �D l� --- On Mon, 11/8/t0, Aguiar-Teresa<Aguiar-Teresa(&NonroeCounty-FL.Gov> wrote: From: Aguiar-Teresa<Aguiar-TeresaAMonroeCounty-FL.Gov> Subject: RE: Physicals To: "'Janet Van Tuyl"' <jlv kwucgbellsouth.net> Date: Monday, November 8, 2010, 12:31 PM Hello Janet: I'm going to give your office a call as well in case you don't get this email. I can't do 9am in the morning. I have to take my father for an 8:30 appt that Ijust was informed of. If you can do the afternoon of Tuesday or anytime Wednesday that would be great. Sorry about that. Please let me know. From: Janet Van Tuyl [mailto:jlv_kwuc@bellsouth.net] Sent: Thursday, November 04, 2010 10:57 AM To: Aguiar-Teresa Subject: Physicals Teresa, Please give me a call when you get back in the office regarding the BOCC physicals. I have questions regarding what you want to do about the chest xrays, vision tests, audiometry, and lab tests. 1 Thank you, Janet Van Tuyl Key West Urgent Care, Inc. 1501 Government Road Key West, FL 33040 Phone:305-295-7550 Fax: 305-296-3010 Email: ilv kwucrcOellsouth.net Please take a moment to complete our Customer Satisfaction Survey: http://monroecofl,.virtualtownhall.net/Pages/MonroeCoFL WebDocs/css Your feedback is important to us! Please note: Florida has a very broad public records law. Most written communications to or from the County regarding, County business are public record, available to the public and media upon request. Your e-mail communication may be subject to public disclosure. CONTRACTFOR EMPLOYMENT PHYSICAL SERVICES KW URGENT CARE 2010 ATTACHMENT D NO. OF ATTACHED SHEETS: DAT OF XA MEDICAL RECORD REPORT OF MEDICAL HISTORY fil This information is for official and medics y-con i ential use only and will not be re eased to unauthorized persons 1. NAME OF PATIENT IL ast, first, middle! 12. IDENTIFICATION NUMBER 7-Position TT HOME STREET ADDRESS /Street or RFD; City or Town; State; and ZIP Code) 15. EXAMINING FACILITY M. 6. PURPOSE OF EXAMINA 7. STATEMENT OF PATIENT'S PRESENT HEALTH AND MEDICATIONS CURRENTLY USED (Use additional pages if necessary) a. PRESENT HEALTH b. CURRENT MEDICATION REGULAR OR INTERM. c. ALLERGIES (Include insect bites/stings and common foods/ —d. HEIGHT le. WEIGHT B. PATIENT'S OCCUPATION 9. ARE YOU ec one 13 RIGHT HANDED LEFT HANDED 12mll l/[MU:1::101Is &1a11Lill ;16Y1111,11111:fi CHECK EACH ITEM YES NO DON'T KNOW CHECK EACH ITEM YES NO DON'T KNOW CHECK EACH ITEM YES NO DON'T KNOW Household contact with anyone with tuberculosis Shortness of breath Bone, joint or other deformity Pain or pressure in chest Loss of finger or toe Tuberculosis or positive T B test Chronic cough Painful or "trick' shoulder or elbow Blood in sputum or when coughing Palpitation or pounding heart Heart trouble i Recurrent back pain or any back injury Excessive bleeding after injury or dental work High or low blood pressure Cramps in your legs "Trick" or locked knee Suicide attempt or plans Frequent indigestion Foot trouble Sleepwalking Stomach, liver or intestinal trouble Nerve Injury Wear corrective lenses Gall bladder trouble or gallstones Paralysis (including infantile) Eye surgery to correct vision Epilepsy or seizure Lack vision in either eye Jaundice or hepatitis Car, train, sea sickness Wear a hearing aid Broken bones -or -air Frequent trouble sleeping Stutter or stammer Adverse reaction to medication Depression or excessive worry Wear a brace or back support Skin diseases Loss of memory or amnesia Scarlet fever Tumor, growth, cyst, cancer Nervous trouble of any sort Rheumatic fever Hernia Periods of unconsciousness Swollen or painful joints Hemorrhoids or rectal disease Parent/sibling with diabetes, cancer, stroke or heart disease Frequent or severe headaches Frequent or painful urination Dizziness or fainting spells ing since age 12 X-ray or other radiation therapy Eye trouble tone or blood in urine Chemotherapy Hearing loss albumin in urine ;Kd Asbestos or toxic chemical exposure Recurrent ear infections transmitted diseases Chronic or frequent colds ain or loss of weight Plate, pinor rod in any bone Severe tooth or gum trouble Eating disorder (anorexia bulimia, etc.) Easy fatigability --� Sinusitis Been told to cut down or criticized for alcohol use Hay fever or allergic rttmrtis Arthritis. Rheumatism, or Bursitis Head injury Used illegal substances Asthma Thyroid trouble or goiter Used tobacco NSN 7540-00-181-836EI a 141mumill rWi lvl 7a (l o-eol Previous edition not usable Prescribed by ICMR/GSA FIRMR (41 CFR) 201 9 202-1 11 . FEMALES ONLY CHECK EACH ITEM YES NO DON'T KNOW DATE OF LAST MENSTRUAL PERIOD N/A DATE OF LAST PAP SMEAR N/A DATE OF LAST MAMMO- GRAM N/A Treated for a female disorder N Change in menstrual pattern I N/ CHECK EACH ITEM. IF "YE. EXPLAIN IN BLANK SPACE TO RIGHT. LIST EXPLANATION BY ITEM NUMBER. ITEM 12. Have you been refused employment or been unable to hold a job or stay in school because of: a. Sensitivity to chemicals, dust, sunlight, etc. b.Inability to perform certain motions. C. Inability to assume certain positions. d.Other medical reasons (If yes, give reasons.) 13. Have you ever been treated for a mental condition? (If yes, specify when, where, and give details-) 14. Have you ever been denied life insurance? (If yes, state reason and give details.! 15. Have you had, or have you been advised to have, any operation. Of yes, describe and give age at which occurred.) 16. Have you ever been a patient in any type of hospital? W yes, specify when, where, why, and name of doctor and complete address of hospital.] 17. Have you consulted or been treated by clinics, physicians, healers, or other practitioners within the past 5 years for other than minor illnesses? Of yes, give complete address of doctor, hospital, clinic, and details.) 18. Have you ever been rejected for military service because of physical, mental, or other reasons? (it yes, give date and reason for rejection.) 19. Have you ever been discharged from military service because of physical, mental, or other reasons? Of yes, give date, reason, and type of discharge, whether honorable, other than honorable, for unfitness or unsuitability.! 20. Have you ever received, is there pending, or have you ever applied for pension or compensation for existing disability? (If yes, specify what kind, granted by whom, and what amount, when, why.! 22, Have you ever been diagnosed with a learning disability? (If yes, give type, where, and how diagnosed.) 23 1IST ALL. IMMIJNI7ATIONS RFCFIVFD certify that I havi -reviewed the foregoing information supplied y me and that it is true and compete tote best of my knowledge. I authorize any of the doctors, ospita s, or clinics mentioned above to furnish the Government a complete transcript of my medical record for purposes of processing my application for this employment or service. I understand that falsificaWn of information on Government forms is punishable by fine and/or imprisonment. NAME OF EXAMINEE DA NOTE: HAND TO THE DOCTOR OR NURSE, OR IF MAILED MARK ENVELOPE "TO BE OPENED BY MEDICAL OFFICER ONLY", 25. PHYSICIAN'S SUMMARY AND ELABORATION OF ALL PERTINENT DATA (Physician shalt comment on all positive answers in Items 7 through 11. Physician may develop by interview any additional medical history deemed important, and record any significiant findings here.) DATE STANDARD FORM 93 (REv. 6-96) BACK CONTRACT FOR EMPLOYMENT PHYSICAL SERVICES KW URGENT CARE 2010 ATTACHMENT E DATE OF EXAM MEDICAL RECORD REPORT OF MEDICAL EXAMINATION 1, LAST NAME - FIRST NAME - MIDDLE NAME 2. IDENTIFICATION NUMBER 3. Position 4. HOME ADDRESS (Number, street or RFD, city or town, state and ZIP Code) 5. EMERGENCY CONTACT (Name and address otconlad) 6. DATE OF BIRTH 7. AGE 8. SEX 9. RELATIONSHIP OF CONTACT FEMALE MALE 10 PLACE OF BIRTH 11. RACE NIC AMERICAN INDIAW HISPANIC HISPAASIAN/PACIFlC 1-1 WHITE BLACK gLASKA NATIVE WHITE BLACK ISLANDER 12a. AGENCY 12b. ORGANIZATION UNIT 13. TOTAL YEARS GOVERNMENT SERVICE a. MILITARY b. CIVILIAN 14. NAME OF EXAMINING FACILITY OR EXAMINER. AND ADDRESS 15. RATING OR SPECIALTY OF EXAMINER 16, PURPOSE OF EXAMINATION MAL (Check each item In appropriate column, enter "NE' if not evaluated.) kMOR. MAL NOR- MAL (Check each item In appropriate column, enter "NE" it not evaluated.) MAL A. HEAD, FACE, NECK AND SCALP O. PROSTATE (Over40 or clinically Indicated) B. EARS - GENERAL. (INTERNAL CANALS) (Auditory acuity under items 39 and 40) P. TESTICULAR R. ENDOCRINE SYSTEM C. DRUMS (Perforation) D. NOSE S. G-U SYSTEM E. SINUSES T. UPPER EXTREMITIES (Strength, range of motion) F. MOUTH AND THROAT U. FEET G. EYES - GENERAL (Visual acuity and m1ractlon under items 28, 29, and 36) V. LOWER EXTREMITIES (Except reel) (Strength, range ofmotion) H. OPTHALMOSCOPIC W. SPINE, OTHER MUSCULOSKELETAL I. PUPILS (Equally andreaction) X. IDENTIFYING BODY MARKS, SCARS, TATTOOS J. OCULAR MOTILITY (Associated parallel movements nystagmus) Y. SKIN, LYMPHATICS K. LUNGS AND CHEST Z. NEUROLOGIC (Equilibrium tests under item 41) L. HEART (Thrust, size, rhythm, sounds) AA. PSYCHIATRIC (Specify any personally deviation) M. VASCULAR SYSTEM (Varicosities, etc.) N. ABDOMEN AND VISCERA (Include hernia) NOTES: (Describe everyabnormality in detab. Enter p3rrMent item number nefore earn comment L onunue m nem x arK, uaro awrwrrur �r�r� „ r,aw�,r.r 18. DENTAL (Place appropriate symbols. shown In examples, above or below number of upper and lower teeth.) 00 n Restorada 1 i an- X Missng 1122 33 Replaced 1 2 — Fixed Partial Teeth 3 31 es Teeth 3il 3 Teeth pantures DeNr rres R L 1 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 E G 32 31 30 29 28 27 26 25 24 23 22 21 20 19 18 17 F H T T REMARKS AND ADDITIONAL DEFECTS AND DISEASES 19. TEST RESULTS (Copies of results are preferred as attachments) A. URINALYSIS (1) SPECIFIC GRAVITY B. CHEST X-RAY OR PPD (Place, date, nlm number and result) (2) URINE ALBUMIN (4) MICROSCOPIC No 00 (3) URINE SUGAR C SYPHILIS SEROLOGY (Specify test used D. EKG E. BLOOD TYPE AND RH F. OTHER TESTS and mulls) O lop I FACTOR 00 14o 8& 126 De"ned using Perform Pro, WHSrD1OR, Jan 97 STANDARD FORM 68 (Rev 10-94) (EG) Prescribed by GSA/ICMR FIRMR (41 CFR) 201.9 202-1 NAME j IDENTIFICATION NUMBER ( NO. OF SHEETS ATTACHED MEAS FI 20 HEIGHT 21 WEIGHT 22. COLO��R�2 4.BUILD SLENDER MEDIUM HEAW OBESE 25. TEMPERATURE 26, BLOOD PRESSURE (Arm at heart level) 27. PULSE (Arm at heart level) A SITTING SYS. B. RECUM BENT.) %H:ji: NG j A. SITTING B.RECUMBENT C. STANDING (3 mMs)DIAS D. AFTEREXERCISE E. 2 MINS. AFTER . 28. DISTANT VISION 29. REFRACTION f4 0 30. NEAR VISION No RIGNT 201 CORR. TO 20l BY S. CX CORR. TO BY LEFT201 CORR TO201 BY S. CX CORR. TO BY 77. HtTEROPHORIA(SNecnY(Jisranoo) N ESO EXO R.H. L.H. PRISM DIV. PRISM CONV. PC PO CT 32. ACCOMMODATION NO 33 COLOR VISION (Test used and result) 34. DEPTH PERCEP 60 (Test used and score) UNCORRECTED RIGHT LEFT CORRECTED 35. FIELD OF VISION 36. NIGHTVISION (Test used and score) W D 37. RED LENS TEST NO 38. 1NTRAOCULAR TENSION RIGHT LEFT RIGHT LEFT 39. HEARING 40. AUDIOMETER 41. PSYCHOLOGICAL AND PSYCHOMOTOR (Tests used and score) Q 250 SW 1000 2000 3000 6000 0— RIGHT WN f15SV 115 266 512 1024 2048 2896 4009960 6144 8192 LEFT WN /15SV 115 RIGHT LEFT 42. NOTES (Continued) AND SIGNIFICANT OR INTERVAL HISTORY (Use addRbnal sheets it necessary) 43. SUMMARY OF DEFECTS AND DIAGNOSES (List diagnoses with Rem numbers) 44. RECOMMENDATIONS - FURTHER SPECIALIST EXAMINATIONS INDICATED (Specify) 45A. PHYSICAL PROFILE P U L H= S 46. EXAMINEE A. & (Check) IS QUALIFIED FOR In accordance with IS NOT QUALI FIED FOR descri Lion attached job 45B. PHYSICAL CATEGORY 47. IF NOT QUALIFIED, LIST DISQUALIFYING DEFECTS BY ITEM NUMBER A B C E 48. TYPED OR PRINTED NAME OF PHYSICIAN SIGNATURE 49 TYPED OR PRINTED NAME OF PHYSICIAN SIGNATURE 50. TYPED OR PRINTED NAME OF DENTIST OR PHYSICIAN (Indicate which) SIGNATURE 51. TYPED OR PRINTED NAME OFREVIEWING OFFICER OR APPROVING AUTHORI SIGNATURE STANDARD FORM 88 (Rev. 10-94) BACK ® I A� CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/Y 1/13/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER The Porter Allen Company, Inc. 513 Southard Street. CONTACT NAME: (305)294-2542 FVCNo:(305)296-7985 PHONE E-MAIL ADDRESS: PRODUCERCUSTOMEEt IDN00005487 INSURERS AFFORDING COVERAGE NAIC # Key West FL 33040 INSURED INSURERAMount Vernon Fire Ins. Co INSURER B : INSURER C : Key West Urgent Care INSURER D : 1501 Goverment Rd INSURER E : INS Key West FL 33040 Key COVERAGES a,r=rc r lrrvm i L., --- — - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. rA TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑X OCCUR ADDLSM POLICY NUMBER BP2008504C POLICY EFF MM/DD/YYYY 6/15/2010 POLICY EXP MM/DD/YYYY 6/15/2011 LIMITS EACH OCCURRENCE OCCURRENCE $ 1,000,000 DAMAGE PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 l GEN'L AGGREGATE LIMIT APPLIES PER: RO LOC X I POLICY PRO- $ AUTOMOBILE LIABILITY ANY AUTO i COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ ALL OWNED AUTOS PROPERTY DAMAGE (Per accident) $ SCHEDULED AUTOS HIRED AUTOS _. �� I I NON -OWNED AUTOS UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATIONER WC STATU- OTH- E.L. EACH ACCIDENT $ AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE❑ E.L. DISEASE - EA EMPLOYE $ OFFICERNEMBER EXCLUDED? (Mandatory In NH) N / A E.L. DISEASE - POLICY LIMIT 1 $ If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, tf more space Is required) MEDICAL OFFICE - EMERG]ENCY CARE CLINIC IEM MONROE COUNTY BOARD OF COUNTY COMMISSIONE 1100 SIMONTON STREET KEY WEST, FL 33040 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. REPRE f NTATIV E 4�IZABETH FREEMAN ACORD 25 (2009/09) INS025 (200909) The ACORD name and logo are registered marks of ACORD RMK ® DH10 A CERTIFICATE OF LIABILITY INSURANCE DAI E IMM'DD'VYYYI 12-01-20P4 THIS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATEIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policylies) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PROWLER CONTACT NAME: PAYCHEX INSURANCE AGENCY INC PHONE n c. Ner (8 8 8) 4 4 3 - 6112 A/C No Extl 210705 P: () - F: (888)443-6112 E-MAIL ADDRESS P O BOX 33015 PRODUCER -- — SAN ANTON I O TX 78265 CUSTOMER ID a;_ INSURER(S) AFFORDING COVERAGE NAIL N INSURED INSURER A: Twin City Fire Ins Co _ 9459 INSURER B KEY WEST URGENT CARE INC 1501 GOVERNMENT RD . INSURER c KEY WEST FL 33040 INSURER INSURER E INSURER F AG ES CERTIFICATE NUMBER: REVISION NUMBER: COVER CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD THIS IS TO INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. --- -- i- --------- --__.. - - --- DDLBUPR -------- _._ POLY EFF POU6Y EXP.._. LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/OD/YYYY) (MM/DD/YYYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ GENERAL LIABILITY PREMISES IEa occurrence) $__.__,_. MED EXP Any one person) _COMMERCIAL 1 CLAIMS -MADE L—I OCCUR S PERSONAL & ADV INJURY $ GENERAL AGGREGATE S QLN'L 1 AGGRE ATE LIMIT AF'PLI S PER: POLICY I PRO- [ LOCJLQI PRODUCTS - COMPIOP AGG S S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S _ Ea accident) ANYAUTO BODILY INJURY IPer person) $ ALL OWNED AUTOS BODILY INJURY IPer accident) S SCHEDULED AUTOS PROPERTY DAMAGE $ HIRED AUTOS (Per accident) S NON -OWNED AUTOS S UMBRELLA L/AB OCCUR EACH OCCURRENCE EXCESS L/AB CLAIMS -MADE AGGREGATE S DEDUCTIBLE - S -1 RETENTION $ $ WORKERS COMPENSATION WC STAU O_R_Y_ IM_ITS AND EMPLOYERS' LIABILITY Y _X_ _ _O_ERTH_ E.L. EACH ACCIDENT $ 100, 000 ANY PROPRIETOR'PARTNER'EXECUTIVE Yl N/A E.L. DISEASE -EA EMPLOYE S 100, 000 AOFFICERIMEMBEREXCLUDED? (Mandstory b NH) 76 WEG NZ0324 05/09/2010 05/09/2011 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $5 0 0 0 0 0 i DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101. Addlbna/ Remarks Schedule, K mole +Pete is required) Those usual to the Insured's Operations. ULK I It-IL,A I E FIULUEH I.,MNY ,CLLM I IUIM MONROE COUNTY BOCC 1100 SIMONTON ST KEY WEST, FL 33040 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE " 1 y36U-LUU& AUUHU GUHNUHA I IUIV. All rlgnTs reserves. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD First Professionals Insurance Company FIRST PROFESSIONALS INSURANCE COMPANY, INC. MEMORANDUM OF INSURANCE Lower Keys Health System, Inc. (Form. Florida Keys Mem. Hosp Attn: Medical ,Staff Office 5900 Junior College Road Key West, FL 33040 POLICY INFORMATION Named Insured: John Ray Van Tuyl, M.D. Policy Number: IN072567 Policy Period: 05/01/2010 to 05/01/2011 Retroactive Date: 05/01/2005 Limits of Liability: $250,000 per claim/$750,000 aggregate Classification: Physician - Minor Surgery (NOC) Memorandum of Insurance Issue Date: 02/12/2010 First Professionals Insurance Company, Inc. hereby issues this Memorandum of Insurance to verify that we have issued a medical professional liability insurance policy to the above named insured with coverage and limits of liability as set forth above. This Memorandum of Insurance shall not be construed in any way whatsoever as amending any of the terms, definitions, conditions or exclusions of the policy issued to the above named insured. FPIC CONTACT INFORMATION. The following information may be used to contact our company: First Professionals Insurance Company, Inc., P.O. Box 44033, Jacksonville, Florida 32231-4033; or Phone (904) 354-5910, (800) 741-3742; or Facsimile (904) 358-6728. lauv /4M/Z-L Authorized Representative FPIGMP1.-103-1I. (12/09) 1000 Riverside Suite 800 • Jacksonville, Florida 32204 • (904) 354-5910 • 1-800-741-1742 • Fix (904) 358-6728 P.O. Box 44033 0 Jacksonville, Florida 32231-4033 0 u,%ti•a-.firstprolessionals.cc,m