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1. 06/22/1995 Agreement mann!, lL. kolbagt BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 MEMORANDUM TO: Paula Rodriguez, Director Human Resources Attn: Christine Diaz FROM: Isabel C. DeSantis, Deputy Clerk~. C. P: August 3, 1995 DA TE: At the June 22, 1995 Commissioner's meeting, the Board granted approval and authorized execution of a Contract between Monroe County and Dr. Michael Burton to provide physical examinations and drug testing services. Attached hereto is fully-executed duplicate original of the subject Agreement for return to the Physician. Should you have any questions concerning the above, please do not hesitate to contact me. cc: County Attorney County Administrator, w/o document Finance jRisk Management, w/o document . File CONTRACT THIS CONTRACT is entered into by Monroe County, a political subdivision of the State of Florida, hereafter COUNTY, whose address is Public Service Building, 5100 College Road, Stock Island, Key West. FL 33040, and MICHAEL D. BURTON, D.O., whose address is -" 1446 Kennedy Drive, Key West. FL 33040, hereafter PHYSICIAN. ;;:_ ~ 0 Z -' fT1 =- Z 0 1. The PHYSICIAN represents that he and his associates ~c9 ~ill piavide"T ~ ~r r- services under this agreement are professionally qualified to provide PhY~I:..exa~nd::: z......... ~'v -._' ""'0 :'1 drug testing services. The PHYSICIAN also represents that he has sufficiet<lResouras to g ~ _ ~ :1J diligently carry out the services described in his February 5, 1995, pror5bsaL atta~ed ',~ hereto as Exhibit A and incorporated herein, and that all professional licenses needed to perform any aspect of the services are held by the physicians named in the proposal. 2. The PHYSICIAN must commence work within (p() days of the effective da1e of this contract. The project is essential to the County's public function of providing governmental services efficiently by persons capable of performing their assigned tasks effectively. Therefore, time is of the essence in completing each task. 3. The PHYSICIAN must carry out the services according to the specifications of Exhibit A. The COUNTY shall pay to the PHYSICIAN the fees described in Exhibit A upon receipt of invoices and documentation of the completion of services. 4. The contract has no value or benefit to the COUNTY if not satisfactorily completed. Therefore, the PHYSICIAN I S failure to satisfactorily complete any task releases the COUNTY from the obligation to pay the PHYSICIAN any compensation for that task or service. Nothing in this paragraph releases the PHYSICIAN from the obligation to compensate the COUNTY from damage suffered because of the PHYSICIAN'S failu~e to satisfactorily complete any task or service. Requests for payment must be in a form satisfactory to the County Clerk and contain an original invoice and documentation and certification of services. Payment shall be made within 15 days of the determination that the task was satisfactorily completed unless the COUNTY'S obligation to compensate the PHYSICIAN the contract price is terminated under another paragraph of this contract. The PHYSICIAN may not receive the final payment until all outstanding work product reports have been turned over as provided in paragraph 7. The COUNTY shall also pay the PHYSICIAN whatever reasonable expenses were incurred in performing tasks under this contract, but only to the extent and amounts allowed by Sec. 112.061, FS. Reimbursement payment requests must be submitted with the request for payment for the task that made necessary the expenses. All requests for the payment of reimbursable expenses must be in a form satisfactory to the County Clerk and be supported by whatever documentation the Clerk may require. The COUNTY does not have any obligation to reimburse the PHYSICIAN for expenses if The COUNTY'S obligation to compensate the PHYSICIAN for the project or task(s) terminates under another section of this contract. 5. The PHYSICIAN may not receive compensation under this agreement for any work performed that is not described in Exhibit A unless the work is approved in writing by the Board of County Commissioners. 6. If delay in the completion of the project or an individual project task occurs and the delay is not caused by the PHYSICIAN, then the PHYSICIAN is entitled to an extension of time equal to the length of delay but not to any additional compensation. This paragraph applies even if the delay was caused by the COUNTY. 7. If the COUNTY decides to abandon the project or fails to appropriate funds, the COUNTY must immediately notify the PHYSICIAN in writing. The PHYSICIAN must 2 cease all work on the project upon receipt of the COUNTY'S abandonment or nonappropriation letter. The PHYSICIAN must also turn over to the COUNTY all project work product - whether complete or not. The COUNTY must pay the PHYSICIAN for any task or service rendered which remains unpaid, plus any outstanding reimbursable expenses. 8. The PHYSICIAN warrants that all the work required under this contract will be performed in a competent and professional manner. The PHYSICIAN warrants the completeness and accuracy of all work constituting the project and the project task. The PHYSICIAN must, without additional compensation, promptly correct any errors, omissions, deficiencies or conflicts in the services or tasks. 9. Each party agrees to be liable for its own negligence, errors or omissions under this contract. 10. The PHYSICIAN must have insurance of the amount and type described in Exhibit B unless waived by Risk Management per Administrative Instruction 4709. Exhibit B is attached and incorporated into this contract. 11. The PHYSICIAN may only use qualified personnel to carry out the project and project tasks. At the time of the execution of this contract, the parties expect that the following individuals will perform the tasks at the locations indicated. Name Dr. Michael Burton Dr. William Chambers Dr. John Deagle Location Lower Keys Middle Keys Upper Keys 12. The PHYSICIAN may not assign or subcontract its obligations under this contract - other than the receipt of money - without the written consent of the COUNTY. 13. Records of the contracted tasks and records of the accounts between the COUNTY and the PHYSICIAN must be kept on a generally recognized accounting basis and must be available to the COUNTY or its authorized representative during normal 3 business hours. The PHYSICIAN must keep the records for five years following the provisions of services. 14. The PHYSICIAN is an independent contractor. Nothing in this contract may create a contractual relationship with, or any rights in favor of , any third party including subcontractors or materialmen of the PHYSICIAN. The PHYSICIAN'S use of a subcontractor or subcontractors to carry out the project, a project task, or any portion of the work, will not in any way relieve the PHYSICIAN of its obligations under this contract even though the subcontractor was approved by the COUNTY. 15. The PHYSICIAN acknowledges that all records, data, and documents created as part of the project. if applicable, are public records under Chapter 119, Florida Statutes, except to the extent they are exempted pursuant to statute as determined by the County Attorney. Records which have no exemption must be made available at a reasonable place and time upon the request of a member of the public. Failure to do so is a breach of this contract entitling the COUNTY to treat the contract as terminated on the date of the violation of Chapter 119, Florida Statutes, with the COUNTY'S obligation to pay extending only to work completed as of that date. The PHYSICIAN may charge reasonable fees for preparing and copying those records, data and documents. 1 6. Either party may terminate this contract because of the failure of the other party to perform its obligations under the contract. If the COUNTY terminates this contract because of the PHYSICIAN'S failure to perform, then the COUNTY must pay the PHYSICIAN the amount due for all work and tasks satisfactorily completed as determined by the COUNTY'S Director of Human Resources up to the date of the PHYSICIAN'S failure to perform but minus any damages, both incidental and consequential, the COUNTY suffered as a result of the PHYSICIAN'S failure. The damage amount must be reduced by 4 the amount saved by the COUNTY as a result of the contract termination. The PHYSICIAN is liable for any additional amount necessary to adequately compensate the COUNTY if the amount due the PHYSICIAN is insufficient to compensate the COUNTY for the damage it suffered. 17. This contract represents the parties' final and mutual understanding. It replaces any earlier agreements or understandings, whether written or oral. This contract cannot be modified or replaced except by another signed contract. 18. Nothing in this contract should be read as modifying the applicable statute of limitations. The waiver of the breach of any obligation of this contract does not waive another breach of that or any other obligation. 19. The PHYSICIAN warrants that he has not employed, retained or otherwise had act on his 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. 010-1990. 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. 20. This contract is governed by the laws of the State of Florida. Venue for any disputes arising under this contract shall be in Monroe County, Florida. 21. The PHYSICIAN agrees that he will not unlawfully discriminate against any of his employees or applicants for employment because of their race, color, religion, sex, national origin or disability. The PHYSICIAN must insert a provision similar to this paragraph in any subcontracts awarded under this contract except those for the purchase of commercial supplies and raw materials. 5 22. All communication between the parties should be through the following individuals: Monroe County Director of Human Resources Public Service Building 5100 College Road, Stock Island Key West, FL 33040 (305)292-4537 Physician Michael D. Burton, D.O. 1446 Kennedy Drive Key West. FL 33040 (305)294-8900 24. This contract takes effect on the date of the signature of the last party to sign. IN WITNESS WHEREOF each party has caused this agreement to be executed by its duly authorized representative. (SEAL) Attest: DANNY L. KOLHAGE, CLERK B~o.kLC. ~ Deputy Clerk (}#~P~;,y Witness /'" tJ/i/dJe n g.LtM;] .4h? ness jconburton 6 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA cS~-F~ By Mayo halrman DATE: ~~Lf\L ~"2-.' /qq-f; .. MICHAEL D. BURTON, D.O. KEY WEST FAMILY MEDICAL CENTER T Exhibit A MICHAEL D. BURTON, D.O. KEY WEST FAMILY MEDICAL CENTER February 5, 1995 TO: The Board of County Commissioners of Monroe County, Florida FROM: Michael D.Burton, D.O. RE: REQUEST FOR PROPOSAL: Physical Examination Services and Drug Testing Services for County Employees and Job Applicants. As per your request, the following bid is presented with some additional information, suggestions, and qualifica- tions. 1. Physical Exam and Collection Sites: Geographic Locations a) Lower Keys: Dr. Michael D. Burton Key West Family Medical Center 1446 Kennedy Drive Key West, FL 33040 b) Middle Keys: Dr. William Chambers 2855 Overseas Highway Marathon, FL 33050 c) Upper Keys: Dr. John Deagle 90290 Overseas Highway, Suite 106 Tavernier, FL 33070 2. Medical Review Officer - for Drug Testing Michael D. Burton, D.O. Key West Family Medical Center 1446 Kennedy Drive Key West, FL 33040 3 . Ph y sic alE x am i n a t ion 5, a tal 1 1 0 cat ion s : a) b) c) d) Post-Offer Employment Exam Post Incident/Accident Exam Reasonable Suspicion Exam Fitness for Duty Exam $35.00 $35.00 $35.00 $35.00 Not requested but available, are medical examinations for the Department of Transportation/D.O.T. $35.00 regulations. (included are dipstick urine analysis) 1446 KENNEDY DRIVE KEY WEST. FLORIDA 33040 TELEPHONE (305) 294-8900 Page 2 4. The Request for Proposals/Scope of Services requests urine drug testing. While your request was not specific, the State of Florida "Drug Free Workplace" legislation (Florida Adminis- trative Code 10E-18) will accomplish your goals. The urine drug panel "HRS-10" is widely used and is supported by strict guidelines and legislation. In general, State licensed HRS Laboratories, charge per urine sample, irrespective of positive or negative test results, a "bundled" test. Separate charges for initial and confirmation tests are possible, but may be more costly and in rare use. Price for a HRS-10 panel urine drug test $45.00 a) This includes site collection, all lab testing (irrespective of positive or negative results) and Medical Review Officer evaluation and reporting. This price is not dependent on the reason for the testing. i.e. post job offer, reasonable suspicion, follow-up if post incident or test results - positive or negative. b) There are several reasons to avoid the ".!dllbundled" tests. The HRS labs are required to run confirma- tion tests on all samples exceeding the initial "cut off" drug levels. The confirmation test uses different methodologies and different "cut off" levels for reporting. The lawful use of a prescrip- tion medicine on the test list will be detected and reported to the MRO as positive by the lab. The MRO would then find the lawful use and report to the Human Resources Director a negative urine drug test (i.e. lawful use is reported as a negative test). However, Monroe County would get a bill for the "initial test" and the second "confirmation test", thereby telling the employer that the employee was testing positive. The employer is, however, prohibited from having that information under Florida statues, but in effect that information received by the employer by bi 11 ing practices. We do have experience in the drug testing environment and would be glad to tailor your specific needs and provide additional insight when needed. c) To comply with the bid request - Price for"initial" HRS 10 panel drug test only $40.00 $75.00 Price for each "confirmation" test Page 3 5. Florida HRS testing allows for and requlres Blood alcohol testing. Blood Alcohol Testingj Florida state HRS Guidelines 6. Federal "NIDA"jDOT testing allows for and requires Breath Alcohol Testing Breath Alcohol Testingj Federal Guidelines $40.00 per test $30.00 per test 7. After hours collections of specimens. $100.00 Hopefully, an extremely rare occurrence and in general needed for post-accident and alcohol related testing only. QUALIFICATIONS Employment physicals should be thorough and substantive to be cost effective. The selection of the clinicians who perform tho see x am i n at ion s i s imp 0 r tan t . Pas t ex per i en c e i n c 1 u des training in the U.s. Armed Services and duty stations at recruit depots where physical examinations and compliance standards a daily routine. Each proposed site currently provides those examination services to numerous employers within Monroe County, a few are listed in the following drug testing information. The Key West Family Medical Center currently provides a collection site and Medical Review Officer function to: Monroe County Sheriff Department City Electric System Florida Keys Aqueduct Dion's Oil Company Independent U.S. Coast Guard licensed captains and collection sites for: U.S. Post Office Florida Department of Law Enforcement Monroe County School Board: Transportation Department General Dynamic Aircraft Service Federal Express Scotty's J. Byron's K-Mart I. H.O. P. Silver Eagle Distributors Alterman Freight Tarmac Winn Dixie Supermarkets .. .and numerous others... Benson Electric Biscayne Chemical Convalescent Center First Union Bank First National Bank Europa Cruise Lines Go ld CoastjSysco Foods Holsum Bakery J. C. Penney Co. O.M. I . Shoney's Sheraton Suites Suddath Van Lines Publix Supermarkets Page 4 Additionally, the Key West Family Medical Center processes urine drug testing samples for the following laboratories: Smith Kline Beecham Laboratories (four locations) National Reference Laboratories - Nashville, TN Roche Biomedical Laboratory - Memphis, TN Medpath - Teterboro, New Jersey Consulab - Miami, FL Nichols Institute - San Diego, CA Eagle Forensic Laboratory - Pompano Beach, FL PDLA laboratory - South Plainfield, NJ MedExpress - Memphis, Tennessee National Center for Forensic Science - Baltimore, MD The three sites in this submitted proposal are active local clinicians with a history of expertise in the requested areas and committed to improving the Florida Keys. If we can be of service or respond to questions, please let me know. Sincerely, ton, D.O. MDB:ea " " EXHIBIT B April 22, 199J I sll'rinling MONROE COUNTY, FLORIDA I, "--.-' Request For W~"ver of Insurance Requirements \.J It is requested that thc insurance requirements, as specified in thc' County's Schedule of Insurance Requirements, be waived or modified on the following contract. Contractor: Michael D. Burton. D.o. s G~ VI'c.GS ./ htUt J Tt'JTINct S<<VIIE$ (J Contract for: f1 t! bi e4-L Address of Contractor: MICW)'-EL O. BURTON, D.O. KEY WEST FAMILY MEDICAL CTR 1446 KFNNFOV ORIVF KEY WEST. FL 33040 Scope of Work: ('JD;) -2?~- ?f~o Ihy5ic,f{ e~~ s, cPdMJ -hJn";cf - ~tf.o<. c.cu~ ef'\-l l01ee 's' ~ -P;/L Job 1flic~. Phonc: Reason for Waivcr: ~:tSI't.I~~ M....;..I~;~ 3r;tlc (o/{...), c.{,(t<tt~l'Jt . t'\ ~ I f il4 c..c. ,'/oJ .s lo(.,(""" '-L $ :l5""~ pvo /f 5'0, Vt10 , ~ :) AS ~t'Qw~i --f t7 "-- Signature of Contractor: ~;./;.-G7 /~c.k~ ~ I;"'J'-CA~~ ~~t:24"t-t.~~"~ 0, Burton, D.O. Risk Managcment Date County Administrator appeal: Approved: Not Approved: Date: Board of County Commissioners nppeal: Approved: Not Approved: Meeting Date: .~ WAIVER ; ^pril 22. I 'J')] 1st I'rin'ing WORKERS' COMPENSATION INSURANCE REQUIREMENTS , FOR CONTRACT PHYSICAL EXAMS/DRUG TESTING SERVICES BETWEEN MONROE COUNTY, FLORIDA AND MICHAEL D. BURTON, D.O. Prior to the commencement of work governed by this contract, the Contractor shall ohtain Workers' Compensation Insurance with limits sullicicnt to respond to Florida Statute 440, In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $JOO,OOO Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 BodiJy 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 ofI.Jorida and the company or companies must maintain a minimum rating of A-VI, as assigned by the AM. Best Company. 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. I f the Contractor participates in a self-insurance fund, a Certificate of I nsurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County, AdRlinistrath'c Ire.w1.1ion 114709,1 WCI 81 ^priI22. 199J J sl I'rinlin!~ MEI>ICAL PROri'ESSIONAL LIABILITY INSURANCE REQUII~EMENTS FOR CONTRACT PHYSICAL EXAMS/DRUG TESTING SERVICES BETIVEEN MONROE COUNTY, FLORIDA AND MICHAEL D. BURTON, D.O. Recognizing that the work governed by this contract involves the providing of professional medical treatment, the Contractor shall purchase and maintain, throughout the life of the contract, Professional Liability Insurance which will respond to the rendering of, Of' failure to render medical professional services under this contract. The minimum limits of liability shall be: $500,000 per Occurrence/$l,OOO,OOO Aggregate Ifcoverage is provided on a claims made basis, an extended claims reporting period of four (4) years will be required. ^umini!'lralivc Ino;trudion 114709.1 MEDI 65 ,\pfll 22. 19'.1.1 Isll'rullillg MONROE COUNTY, FLORIDA . ..<. Rcqucst foOl' Waivcr of I n~u ranec Rcqu i rCll1cnts Rt'CCiV('Ci 'Ag!1it. 8.' Loss Comrol o,e Ie;, {,,",'" 5-'7-7(, ~..<:... ,.-'.;l, I._ _...~._._______._...___.__.___ ,:'.'I!ll' _~__..________.__. It is requested lI1!ltthc insurance requiremenls. as spcclf'icd in the County's Schedule of Insumnce RcqllirelllclllS. be waived or Illodiried on tlie f'ollo\\illg contract, Conlractor: Dr. Michael D. Burton, D.O. Conlract for: Physical Examinations & Druq Testinq Address of Contractor: 1446 Kennedy Drive Key West, FL 33040 Phone: (305)294-8900 , . Scope of' Work: Reason for J:h~9.ical Examinations & Druq Testinq Services Waiver: Current county contract is with myself,Michael fr';---Burton, D.O., [;[;#495 69 0389. I maintal.'n medical malpractice insurance in amounts specified by the l'L .LUL waiver request. Wor]{er I r3 COfRPOnoati~~~W quired only if the contracting entity has or~ Inore ellll'luYt:es. The ori~1.l'ial aid roq1:lost gj..d not specify this as a requirement. Signature of Contractor: ~el D. Burt.n. D.O. Approved Y- __ Not Approved C)~r;J;}:;Q', ~ _ _ _~__. - 1, ~ 5 . t'l l/ '-~ /I 01'\ I<.isk fyLllllIgell1cll( Datc COllnl~' 1\ d 111 i n islrator il["lpe:i1: ^pproved: NOI ^pprovcd: Dnle: lJoard of COllllly COlllllllssioners i1["lpeal: ^p["lrovcd, Not ^pproved: Meeting Dale: WAIVER cc ~ tfr./~ fes&Jv~ r/G.# I CERTIFICATE OF INSURANCE This Certificate is issued as a matter of information only and confers no rights upon the Certificate Holder, This Certificate does not amend, extend or alter the coverage afforded by the policy listed below: f' ~ _ NAMED INSURED AND ADDRESS: \\"r~ RECf1'IED Michael Burton, 0.0, - \C~) ;i MJ.!.\~? n 1997 1446 Kennedy Drive cl'/ \.)\) Key West, FL 33040 )-- '\ ('.mmN ~..c.w:n\strator COMPANY AFFORDING COVERAGE: Gulf Atlantic Insurance Company P,O, Box 12200 Tallahassee, FL 32317-2200 This is to certify that the policy of insurance listed below has been issued to the insured named above and is in force at this time, TYPE OF INSURANCE: MEDICAL PROFESSIONAL LIABILITY INSURANCE POLICY NUMBER: MPL0000638 RETROACTIVE DATE: 11/19/1990 POLICY PERIOD: FROM: 01/01/1997 TO: 01/01/1998 LIMITS OF LIABILITY: $250,000 / $750,000 Each Claim/Annual Aggregate CANCELLATION: Should the above-described policy be canceled before the expiration date thereof, the issuing Company will endeavor to mail written notice to the below-named Certificate Holder, but failure to mail such notice shall impose NO obligation or liability of any kind upon the Company, 3/17/97 DATE ISSUED ,~0"')'WED ~RIS ~1 ~!^r,p~rNT . '. rU- ' , +q-qj Lj\lE _.____ WAIVER: N!A ~_ ' #~ d qd~ Kathleen 8, Atkins fA A f1 Authorized Representative 6L~.~ Ce' ~ NAME AND ADDRESS OF CERTIFICATE HOLDER: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ATTN DEPT OF ADMINISTRATION 5100 COLLEGE RD KEY WEST, FL 33040 3~7 GAIC CI REV 1.3 1/97 CERTIFICATE OF INSURANCE This Certificate is issued as a matter of information only and confers no rights upon the Certificate Holder. This Certificate does not amend, extend or alter the coverage afforded by the policy listed below: NAMED INSURED AND ADDRESS: / ~,~ _\~ LL' ~Vf~__ r~ Michael Burton, D.O. 1446 Kennedy Drive Key West, FL 33040 1'i~1\!fR: Nt" COMPANY AFFORDING COVERAGE: Gulf Atlantic Insurance Company P.O. Box 12200 Tallahassee, FL 32317-2200 This is to certify that the policy of insurance listed below has been issued to the insured named above and is in force at this time. TYPE OF INSURANCE: MEDICAL PROFESSIONAL LIABILITY INSURANCE POLICY NUMBER: MPL0000638 RETROACTIVE DATE: 11/19/1990 POLICY PERIOD: LIMITS OF LIABILITY: FROM: 01/01/1998 TO: 01/01/1999 $250,000 / $750,000 Each Claim/Annual Aggregate CANCELLATION: Should the above-described policy be canceled before the expiration date thereof, the issuing Company will endeavor to mail written notice to the below-named Certificate Holder, but failure to mail such notice shall impose NO obligation or liability of any kind upon the Company. 3/13/98 DATE ISSUED ~ d tfd;,w Kathleen 8, Atkins Authorized Representative NAME AND ADDRESS OF CERTIFICATE HOLDER: MONROE COUNTY RISK MANAGEMENT MED STAFF CREDENTIALlNG 5100 COLLEGE RD #203 KEY WEST, FL 33040 PATti INITIAL 3lrl~ GAIC CI REV 1,31/97