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Item C02BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Jan 16,2011KW ..If Bulk Item: Yes X No Division: Employee Services Department: Human Resources. Staff Contact /Phone #: Pam Pumar X4459 AGENDA ITEM WORDING: Approval for the Employee Services Director to execute an agreement with Upper Keys Specialty Physicians, LLC and Mariners Hospital, Inc. to perform applicant and employee drug screens. ITEM BACKGROUND: The County advertised a Request for Proposals for employee physical services (which also included drug screening) in December, 2010. The County received two bids from the Lower Keys and one bid from the Middle Keys and contracted with these physicians in April, 2011. No bids were received from the Upper Keys. On July 20, 2011, the BOCC, approved to execute an agreement with Dr. Deagle to perform applicant and employee drug screens in the Upper Keys. Dr. Dea le has since retired (effective November 30, 9 2012). Without a contracted physician in the Upper Keys to perform these services, an employee would have to go for a drug screen with the contracted physician in Marathon. Many hours of lost work time will be incurred, PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval approx TOTAL COST J 1,0 INDIRECT COST: BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: N/A approx COST TO COUNTY: $1,000 SOURCE OF FUNDS: — Ad Valorem REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty B/Pur Risk Management WIF- ing -ksr DOCUMENTATION: Included X - Not Required DISPOSITION: Revised 7/09 AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Upper Keys Specialty Contract # Physicians, LLC and Mariners Hospital, Inc. Effective Date: December 18, 2012 Expiration Date: Contract Purpose/Description: EmployEMplqy ee & Applicant Drug screenin Contract Manager: Parn Pumar 4459 Human Resources/Stop #1 (Narne) (Ext.) (Department/Stop #) for BOCC meeting on 1 / 16/ 13 Agenda Deadline: 112113 CONTRACT COSTS Total Dollar Value of Contract: $ 19000 Current Year Portion: $ 675.00 _ approx Budgeted? Yes® No M Account Codes: 001-06500-530-316- Girant: $ County Match: $ - - - ADDITIONAL COSTS Estimated tangoing Costs: $ lyr For: (Not included in dollar value above) (e` . maintenance, utilities, 'anitorial, salaries, etc. CONTRACT REVIEW Changes Date Out D to Needed er Division Director 1 � � Yes No�(lv10 1Z, Risk Management �r,�-j�-L�--- Yes No[]� 2-f� O.M.B./Purcg la-o� YesO No�X -Q6 12, f w County Attorney t10'f qU IZYes[] No2/ Comments: OMB Form Revised 2/27/01 MCP #2 Contract for Medical Services Monroe County and Mariners Hospital 1 - Purpose: Monroe Country ("MC") requires drug testing for its employees. Upper Keys Specialty Physicians, LLC, a Florida limited liability company and Mariners Hospital, Inc., a Florida not -for -profit corporation (collectively "Mariners Hospital") are qualified and willing to provide to those services contained on the attached Exhibit A titled "Medical Services Provided by Mariners Hospital and Fees for Service". Each of the entities comprising the defined term "Mariners Hospital' shall be severally liable for its own actions or omissions and there shall be no joint liability between either of the two entities. 2-Parties: Each of MC and. Mariners Hospital are referred to as a party and collectively as the parties. This Contract states the terms of the agreement between the parties. The mailing address and points of contact for the parties are: Monroe Coun Ms. Pam Pumar Human Resources Administrator 1100 Simonton Street Key west, Florida 33040 Telephone: (305) 292-4459 Mariners Hospital Mr. Eric D. Shatanof Corporate VP Managed Care, Network Development & Medical Management 6855 Red Road, Suite 600 Coral Gables, FL 33143 Telephone: 7 8 6-662 - 7 017 Facsimile: 78 6-662-73 34 3 -Term: The term of this Contract is annual be ' g as of the Effective Day and automatically renewing for subsequent annual terms unless terminated according to section 4 of this Contract. This Contract is subject to annual appropriation by the Monroe County Board of County Commissioners. 4 - Termination for Convenience of the Parties: Either party may terminate this Contract for any reason after providing sixty (60) days advance written notice to the other party. 5-Services and Fees: A list of the services Mariners Hospital agrees to provide, and the fees MC agrees to pay for each service, is contained on the attached Exhibit A titled "Medical Services Provided by Mariners Hospital and Fees for Service." 6- Invoicing And Payment: MC shad pay Mariners Hospital for services provided pursuant to this Contract. All invoices will be paid in accordance with the Florida local Government Prompt Payment Act. 7 -Representations of Mariners Hospital A -Audit trail: Mariners Hospital agrees to maintain and make available records, consistent with all patient confidentiality and privacy laws, sufficient to permit a proper audit of its performance of this Contract. B- Debarment: Mariners Hospital 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. Insurance: Mariners Hospital represents that all physicians providing services under this Contract are in compliance with the laws of the State of Florida regarding financial responsibility to pay claims and costs ancillary thereto arising out of the rendering of, or the failure to render, medical care or services. Mariners Hospital will not reduce the level of its existing malpractice coverage during the term of this Contract. 8-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 party in its sole and absolute discretion. 9-Independent Status: Mariners Hospital is an independent contractor. Neither it nor any of its personnel are employees or agents of MC. Neither Mariners Hospital nor its personnel will make any statement or representation on behalf of MC. 1 o-Paragraph Headings Not Dispositive: The parties agree that the headings given the paragraphs and other subdivisions of this Contract are for ease of reference only and are not dispositive in the interpretation of Contract language. 11 -No Presumption Against Drafter: The parties agree that this Contract has been freely negotiated by both parties, and that, in any dispute over the meaning, interpretation, validity, or enforceability of this Contract or any of its terms or provisions, there shall be no presumption whatsoever against either party by virtue of their having drafted this Contract or any portion thereof. 12-Governing Law and Venue: This Contract shall be construed, interpreted, and governed by the laws of the State of Florida. Venue for any litigation arising out of this Contract will be in Monroe County, Florida. 13-Entire Agreement: This Contract expresses the complete and final understanding of the parties hereto, that any and all negotiations and representations not included herein or referred to herein are hereby abrogated and that this Contract cannot be changed, modified or varied except by a written instrument signed by all parties hereto. There are no "private' or "side agreements." 14-Authority of Signatories: The persons signing this Contract represent that they authority to bind their principals to its terms. ■ 15-Ethics Clause: Mariners Hospital warrants that it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract 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. UNDERSTOOD AND AGREED TO THIS DAY OF DECEMBER, 2012 ("Effective Date"). MARINERS HOSPITAL, INC. By: _ Authorized Representative Printed Name and Title With s MONROE COUNTY BOARD OF C DUNTY COMMISSIONERS Authorized Representative Printed Name and Title Witness UPPER KEYS SPECIALTY PHYSICIANS, LLC B Authorized Repre entative Printed Name and Title ■ MONROE U NTY ATTORNEY A ,ROV CLA T F� YI T lA L. HALL ASSIS N Go NTY ATTORNEY Date Exhibit A Medical Services provided by Mariners Hospital and Fees for Service Dr. Lawyer will provide the below services during normal business hours of 8:30 a.m, to 3:30p.m., Monday thru Friday (walk-ins will be accepted if an appointment cannot be reasonably scheduled) and the services will be compensated in the amounts listed below: ERVICES REIMBURSEMENT 10 panel State Requirement Drug Screen (Collection of urine, urine drug analyses, and Medical Review Officer "MRO" review,} $95.00 per test 5 Panel Department of Transportation Requirement Drug Screen (Collection of urine, urine drug analyses, and MRO review) $95.00 per test Blood Alcohol Test (Blood draws blood drug analyses, and MRO review) $95.00 per test