HomeMy WebLinkAboutCity of Tamarac Resolution R-2012-095TR 12235
August 9, 2012
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. 2012-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA; AWARDING THE
REQUEST FOR PROPOSAL #12-16R TO NABIL EL
SANADI, M.D., FOR MEDICAL DIRECTION AND
SUPERVISION OF THE TAMARAC FIRE RESCUE
MEDICAL SERVICES, FOR A MINIMUM OF THREE
YEARS AT A COST OF THIRTY-SIX THOUSAND
DOLLARS ($36,000) FOR FY13, THIRTY-SIX THOUSAND
DOLLARS ($36,000) FOR FY14, AND THIRTY-SIX
THOUSAND DOLLARS ($36,000) FOR FY15, FOR A
TOTAL OF ONE HUNDRED EIGHT THOUSAND DOLLARS
FOR THE THREE YEAR CONTRACT, WITH THE RIGHT
TO RENEW FOR TWO (2), TWO (2) YEAR TERMS;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City provides Advanced Life Support (ALS) emergency medical
services including transportation; and
WHEREAS, Florida Administrative Code 64J-1 requires agencies providing ALS
services to have a Medical Director; and
WHEREAS, the City formally advertised, and issued Request for Proposal #12-
16R on April 15, 2012, with a due date of April 30, 2012 (attached hereto as Exhibit "A");
and
WHEREAS, the City received and examined responses from Hannah Sophia
Batihk, M.D., Nabil El Sanadi, M.D., Mazyar Rouhani, M.D. with Peter Antevy, M.D. of
C.O. D. E. 9111 LLC and Juan Villegas, M.D.; and
TR12235
August 9, 2012
Page 2
WHEREAS, the Evaluation Committee, comprised of the EMS Division Chief, a
Fire Rescue Lieutenant, a Fire Rescue Battalion Chief, a Fire Captain, and the Risk &
Safety Manager deemed the proposal submitted by Nabil El Sanadi, M.D. as the firm
best able to meet the needs of the City, and as such, the most advantageous response
to the Request for proposal; and
WHEREAS, the City has negotiated a contract with Nabil El Sanadi, M.D. for his
services at a sum of thirty-six
thousand
dollars
($36,000) for fiscal year 2013, thirty-six
thousand dollars ($36,000)
for fiscal
year
2014, and thirty-six thousand dollars
($36,000)
for
fiscal year
2015, for a
total of one hundred eight thousand dollars
($108,000)
for
the term of
the three year
agreement; and
WHEREAS, Tamarac has the option of renewing the contract agreement for up
to two (2) additional two (2) year terms; and
WHEREAS, Nabil El Sanadi, M.D. provides two (2) unsolicited eight hundred
dollar ($800) grants, for a total of sixteen hundred ($1600) annually, for the "pursuit of
knowledge, innovation, research and clinical excellence"; and
WHEREAS, available funds exist in the Fire Rescue Fund for said purpose; and
WHEREAS, it is the recommendation of the Evaluation Committee, the Fire Chief
and the Purchasing & Contracts Manager that this request for proposal be awarded to
Nabil El Sanadi, M.D.; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be
in the best interest of the City of Tamarac to award the request for proposal to Nabil El
Sanadi, M.D. for the medical direction and supervision of the Tamarac Fire Rescue
TR12235
August 9, 2012
Page 3
emergency medical services at a cost of thirty-six thousand dollars ($36,000) for fiscal
year 2013, thirty-six thousand
dollars
($36,000)
for fiscal year
2014,
and thirty-six
thousand dollars ($36,000) for
fiscal
year 2015,
for a total of
one
hundred eight
thousand dollars ($108,000) for the term of the three year agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing WHEREAS clauses are hereby ratified and confirmed
as being true and correct and are hereby made a specific part of this Resolution. All
Exhibits attached hereto are expressly incorporated herein and made a part hereof.
SECTION 2: Nabil El Sanadi, M.D. is awarded the request for proposal for the
medical direction and supervision of the Tamarac Fire Rescue emergency medical
services at a cost of thirty-six thousand dollars ($36,000) for fiscal year 2013, thirty-six
thousand dollars ($36,000) for fiscal year 2014, and thirty-six thousand dollars
($36,000) for fiscal year 2015, for a total of one hundred twenty eight dollars ($108,000)
for the term of the three year agreement, with the right to renew for two (2), two (2) year
terms.
SECTION 3: The City Manager or his designee is hereby authorized to execute
the Agreement between and the City of Tamarac and Nabil El Sanadi, M.D. for medical
direction services (attached hereto as Exhibit "B").
SECTION 4: That all Resolutions or parts of Resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
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August 9, 2012
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SECTION 5: If any clause, section, other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 6:
This Resolution shall become effective immediately upon its
passage and adoption.
T D AND APPROVED this f PASSED, ADOP E A O s day o 212. 0
ATTEST:
efif,d' 0f' W,0,,
r PETER
CITY CLERK
"�V
HARDSON, CRM, CMC
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
CITY ATTORNEY
BETH TALABISCO
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR TALABISCO: j/
DIST 1: COMM. BUSHNELLr*-�
DIST 2: COMM GOMEZ. rX ,
DIST 3: V/M. GLASSER`�
DIST 4: COMM. DRESSLEf-
TR# 12235
EMS Medical Director Contract
Exhibit A
• PURCHASING AND
CONTRACTS DIVISION
Date: April 16, 2012
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REQUEST FOR PROPOSALS
RFP 12-16R
ALL QUALIFIED PROPOSERS:
RFP NO. 12-16R
Sealed Proposals, addressed to the Senior Procurement Specialist of the City of Tamarac,
Broward County, Florida, will be received in the Purchasing Office, 7525 NW 88th Avenue,
Room 108, Tamarac, Florida 33321 until 3:00 PM local time, Monday, April 30, 2012 for:
MEDICAL DIRECTOR FOR FIRE RESCUE
The City is soliciting proposals on behalf of Tamarac Fire Rescue Department to obtain the
services of a qualified physician for Medical Director.
Sealed Proposals must be received and time stamped in the Purchasing Office, either by mail
or hand delivery, on or before the date and time referenced above. Any Proposals received
after 3:00 p.m. on said date shall not be accepted under any circumstances. Any uncertainty
regarding the time a Proposal is received will be resolved against the Proposer. Official time
will be measured by the time stamp in the Purchasing Office.
City reserves the right to reject any or all Proposals, to waive any informalities or
irregularities in any Proposals received, to re -advertise for Proposals, to award in whole or
in part to one or more Proposers, or take any other such actions that may be deemed to be
in the best interests of the City.
Proposal documents may be obtained by direct download via the internet at:
www.tamarac orc / Current Solicitations or picked up from the Purchasing Office, 7525 NW
88 th Ave, Room 108, Tamarac, FL 33321. For all inquiries, contact the Purchasing Office
via e-mail at `ice c tamar c.org or (954) 597-3570.
4` ...........
f
James Nicotra, CPPB
Senior Procurement Specialist
Publish Sun -Sentinel: April 15, 2012
7525 N.W. 88th Avenue I Tamarac, Florida 33321-2401 I R 954.597.35701 F: 954.597.3565
EQUAL OPPORTUNITY EMPLOYER
TR# 12235
EMS Medical Director Contract
Exhibit A
PurchaR5in and .6._,entF`SA`rts Division
'.
REQUEST FOR PROPOSALS
RFP NO. 12-16R
MEDICAL DIRECTOR FOR FIRE RESCUE
Definition: A Request for Proposal (RFP) is a method of procurement permitting
discussions with responsible proposers and revisions to proposals prior to award of a
contract. Proposals will be opened in private. Award will be based on the criteria set forth
herein.
I. INTRODUCTION
The City is soliciting proposals on behalf of the Tamarac Fire Rescue to obtain the services
of a licensed physician pursuant to Chapter 458, Florida Statutes to serve as the Medical
Director pursuant to Chapter 401, Florida Statutes, and Rule Chapter 64E-2, Florida,
Administrative Code, to have authority over all clinical and patient care aspects of the
Emergency Medical Services system for the City of Tamarac.
11. INFORMATION
For information pertaining to this Request for Proposals (RFP), contact Purchasing (954)
597-3570, Division Chief Thomas Sheridan or Assistant Chief Percy Sayles (954) 597-
3800. Such contact shall be for clarification purposes only. Material changes, if any, to the
scope of services or proposal procedures will be transmitted only by written addendum.
It is preferred that all questions be submitted in writing and submitted via e-mail to
jimngtamarac.orq
III. SCHEDULE OF EVENTS
The schedule of events related to this Request for Proposals shall be as follows:
RFP Document issued
Deadline for Receipt of Proposals
Evaluation of Proposals
Notification of Short-listed Proposers (if applicable)
Presentations by Short-listed Proposers (if applicable)
Final Ranking of Firms
Anticipated Award by the Appropriate City Authority
April 16, 2012
April 30, 2012
May 1-3, 2012
May 08, 2012
May 15, 2012
May 17, 2012
June 27, 2012
All dates are tentative. City reserves the right to change scheduled dates.
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TR# 12235
EMS Medical Director Contract
Exhibit A
Putct)a,s,inq ond' Contracts Division
IV. INSTRUCTIONS TO OFFERORS
STANDARD TERMS AND CONDITIONS
RFP 12-16R
Our Vision and Mission
Our Vision: The City of Tamarac, our community of choice -- leading the nation in quality of
life through safe neighborhoods, a vibrant economy, exceptional customer service and
recognized excellence.
Our Mission: We Are "Committed to Excellence... Always" It is our job to foster and create
an environment that
Responds to the Customer
Creates and Innovates
Works as a Team
Achieves Results, and
Makes a Difference
In the fulfillment of our vision and mission, as stewards of the public trust, we value vision,
integrity, efficiency and quality service.
Our vendors are truly partners in meeting these commitments to the community, and in
support of that vision and mission, we are committed to ensuring that qualified, competitive
vendors who share our commitment to quality, efficiency, teamwork and customer service
are employed to provide goods and services to the City. Our vendors are expected to
deliver high quality products and efficient service that is provided on time and as ordered; in
a manner that improves the overall value of the services that the City provides to its
residents. In addition, we expect our vendors to work with the City as a team, and exhibit
the highest level of integrity when dealing with any office or department of the City.
Diligence in the execution of the requirements of this proposal will ultimately contribute to
the overall quality of services provided to the entire community. The City is searching for a
firm who will exemplify these ideals in the execution of their work, and the successful firm
will be measured against the performance standards outlined in this bid invitation.
1. GENERAL TERMS AND CONDITIONS
These General Terms and Conditions apply to all offers made to the City of Tamarac
by all prospective Proposers, including but not limited to, Requests for Quotes,
Requests for Proposal and Requests for Bid. As such the words "bid", "proposal" and
"offer' are used interchangeably in reference to all offers submitted by prospective
• Proposers. The City of Tamarac reserves the right to reject any or all proposals, to
waive any informalities or irregularities in any proposals received, to re -advertise for
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TR# 12235
EMS Medical Director Contract
Exhibit A
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proposals, to enter into contract negotiations with the selected Proposer or take any
other actions that may be deemed to be in the best interest of the City of Tamarac.
Any and all special conditions in this RFP or any sample agreement document that
may be in variance or conflict with these General Terms and Conditions shall have
precedence over these General Terms and Conditions. If no changes or deletions to
General Conditions are made in the Special Conditions, then the General Terms and
Conditions shall prevail in their entirety.
2. DEFINED TERMS
Terms used in these Instructions to Offerors are defined as follows:
2.1 "Offeror" - one who submits a Proposal in response to a solicitation, as distinct
from a Sub -Offeror, who submits a Proposal to the Offeror.
2.2 "Proposer" — one who submits a Proposal in response to a solicitation. The
terms "Offeror" and "Proposer' are used interchangeably and have the same
meaning.
2.3 "Successful Offeror" - the qualified, responsible, responsive Offeror to whom
City(on the basis of City's evaluation as hereinafter provided) makes an award.
2.4 "City" - the City of Tamarac, a municipal corporation of the State of Florida.
2.5 "Proposal Documents" - the Request for Proposals, Instructions to Offerors,
Offeror's Qualifications Statement, Non -Collusive Affidavit, Certified Resolution,
Vendor Drug -Free Workplace, Offeror's Proposal, Proposal Security and
Specifications, if any, and the proposed Contract Documents (including all
Addenda issued prior to opening of Proposals).
2.6 "Contractor" -the individual(s) or firm(s) to whom the award is made and who
executes the Contract Documents.
3. SPECIAL CONDITIONS
Where there appears to be variances or conflicts between the General Terms and
Conditions and the Special Conditions and/or Scope of Work outlined in this proposal, the
Special Conditions and/or the Scope of Work shall prevail.
4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE
4.1. Before submitting a Proposal, each Offeror must visit the site (if applicable to
the project) to become familiar with the facilities and equipment that may in any
manner affect cost or performance of the work; must consider federal, state and
local laws, ordinances, rules and regulations that may in any manner affect cost
or performance of work, must carefully compare Offeror's observations made
during site visits or in review of applicable laws with the Proposal Documents;
and must promptly notify the Purchasing Division of all conflicts, errors and
discrepancies, if any, in the Proposal Documents.
4.2. Proposer, by and through the submission of a Proposal, agrees that Proposer
and its potential sub -contractors, as may be applicable, shall be held
responsible for having examined the site and appurtenant facilities (if
applicable); is familiar with the nature and extent of the work and any local
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TR# 12235
EMS Medical Director Contract
Exhibit A
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'A ` RTPhab Pu.rcrhasi`nCq RBrcts Division
conditions that may affect the work, and is familiar with the other relevant
condition required to successfully perform the work.
5. OMISSION OF DETAILS / VARIANCES AND EXCEPTIONS
5.1 The apparent silence of the requirements as to any detail, or the apparent
omission of a detailed description concerning any point, shall be regarded as
meaning that only the best commercial practice is to prevail, and that only
material and workmanship of the finest quality is to be used. All
interpretations of the specifications shall be made on the basis of this
statement. Omission of any essential details from these specifications will not
relieve the Proposer of supplying such services or product(s) as specified.
5.2 For the purpose of evaluation, Proposer must indicate any variance or
exceptions to the stated requirements, no matter how slight. Deviations should
be explained in detail. Absence of variations/corrections will be interpreted to
mean that the Proposer meets all the requirements in every respect.
6. INTERPRETATIONS AND ADDENDA
If the Proposer is in doubt as to the meaning of any of the Proposal Documents,
believes that the General Conditions, Special Conditions and/or Technical
Specifications contain errors, contradictions or obvious omissions, or has any questions
concerning the information contained in the RFP documents, the Proposer shall submit
a written request to the Purchasing Office for interpretation or clarification. Such
request must reference RFP name and number, and should be received by the
Purchasing Office at least five (5) calendar days prior to the Proposal opening date.
Questions received less than five (5) calendar days prior to the Proposal opening may
not be answered. Interpretations or clarifications in response to such questions will be
issued in the form of a written addendum transmitted via e-mail to all parties recorded
by the Purchasing Office as having received the Proposal Documents. The issuance of
a written addendum shall be the only official method whereby such an interpretation or
clarification will be made. It is the full responsibility of the potential Proposers to provide
City with the most appropriate e-mail address under which to receive timely
Addendums and other communication as appropriate.
7. COSTS AND COMPENSATION
7.1. Costs and compensation shall be in U.S. Dollars, and shall be shown in both
unit prices and extensions whenever applicable. In the event of discrepancies
existing between unit prices and extensions or totals, the unit prices shall
govern.
7.2. All costs and compensation shall remain firm and fixed for acceptance for 70
calendar days after the day of the Proposal opening.
7.3. Any price proposal shall include all franchise fees, royalties, license fees, etc.,
as well as all costs for transportation or delivery as applicable within the scope
of the solicitation.
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TR# 12235
EMS Medical Director Contract
Exhibit A
City of Torwroc.
8. NON -COLLUSIVE AFFIDAVIT
PuIrchasiog and Controcts *A
Each Offeror shall complete the Non -Collusive Affidavit form and shall submit the form
with their Proposal. City considers the failure of the Offeror to submit this document
may be cause for rejection of the Proposal.
9. PUBLIC ENTITY CRIMES
In accordance with Florida Statutes §287.133 (2)(a): 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, may 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 entity in excess of the threshold amount
provided in Florida Statutes §287.017 for Category Two, for a period of 36 months
from the date of being placed on the convicted vendor list.
10. CONFLICT OF INTEREST
The award of any contract hereunder is subject to the provisions of Chapter 112,
Florida Statutes. Proposers must disclose with their Proposal the name of any officer,
director, partner, proprietor, associate or agent who is also an officer or employee of
City or any of its agencies. Further, all Proposers must disclose the name of any officer
or employee of City who owns, directly or indirectly, an interest of five percent (5%) or
more in the Proposer's firm or any of its branches or affiliate companies.
11. PERFORMANCE BONDS AND INSURANCE
Upon award of a contract, Successful Proposer, as required within the scope of the
solicitation, may be required to submit performance and/or payment bonds. Proposer
shall provide certificates of insurance in the manner, form and amount(s) specified.
12. SUMMARY OF DOCUMENTS TO BE SUBMITTED WITH PROPOSALS
The following is a summary of documents required to be submitted for this proposal.
Failure to include a technical proposal/work plan, quantitative experience,
qualifications, Price Proposal Form or other document that, by its omission, may
prejudice the rights of other respondents, may result in immediate rejection of your
proposal. Other forms or documents which, by their nature do not impact price or
Offeror's cost of doing business should accompany Proposal; but must be provided
within (3) business days of City's request to be considered responsive.
12.1 A complete Work Plan/Technical Proposal detailing Proposer's approach to
providing requested services and understanding of the Scope of Work.
12.2 Price Proposal (See "Proposal Form" herein)
12.3 Certification Form
12.4 Certified Resolution
Form (or firm's own Corporate Resolution)
12.5 Offeror's Qualification
Statement Form, Experience & References
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TR# 12235
EMS Medical Director Contract
Exhibit A
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FlarMas!'r):g and Contracts 0,ivisian
12.6 Vendor Drug Free Workplace Form
12.7 Non -Collusive Affidavit Form
12.8 Proof of Applicable and current Insurance
"Note: The City reserves the right to request the most recently completed audited
financial statement, or other approved documentation to verify financial viability."
13. SUBMISSION OF PROPOSALS
13.1 Proposals must be typed or printed in ink. Use of erasable ink is not permitted.
All corrections to prices made by the Proposer should be initialed.
13.2 Proposals must contain a manual signature of a corporate officer or designee
with the proven authority to bind the firm in matters of this nature. The address
and telephone number for any communications regarding the Proposal must be
included.
13.3 Proposals shall contain an acknowledgment of receipt of all addenda.
13.4 Proposals by corporations must be executed in the corporation's legal name by
the President or other corporate officer, accompanied by evidence of authority
to sign. Evidence of authority shall be provided on the enclosed Certified
Resolution form, or by the company's own Corporate Resolution.
13.5 Proposals by partnerships must be executed in the partnership name and
signed by a partner, whose title must appear under the signature.
13.6 Proposals shall be submitted to the Purchasing Once on or before the time
indicated in the Request for Proposals. Proposals shall be submitted in a sealed
envelope (faxed proposals will not be accepted under any circumstances). The
envelope should be clearly marked on the exterior with the applicable
solicitation name and number. The envelope should state the name and
address of the Offeror and should include all documents as specified in the
Request for Proposals. Purchasing and Contracts Division staff is not
responsible for the premature opening of a Proposal that is not properly
addressed and identified.
13.7 In accordance with Florida Statutes, Chapter §119.07(1)(a) and except as may
be provided by other applicable state and federal law, the Request for
Proposals and the responses thereto are in the public domain. However,
Proposers are requested to specifically identify in the submitted Proposal any
financial information considered confidential and/or proprietary which may be
considered exempt under Florida Statute §119.07(t).
13.8 All Proposals received from Offerors in response to the Request for Proposals
will become the property of City and will not be returned. In the event of
Contract award, all documentation produced as part of the Contract shall
become the exclusive property of City.
13.9 The Proposer preparing a submittal in response to this RFP shall bear all
expenses associated with its preparation. The Proposer shall prepare a
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TR# 12235
EMS Medical Director Contract
Exhibit A
. ,:
submittal with the understanding that no claim for reimbursement shall be
submitted to the City for the expense of proposal preparation and/or
presentation.
14. MODIFICATION AND WITHDRAWAL OF PROPOSALS
14.1 Proposals may be modified or withdrawn by a duly executed document signed
by a corporate officer or other employee with designated signature authority.
Evidence of such authority must accompany the request for withdrawal or
modification. The request must be delivered to the Purchasing Office at any
time prior to the deadline for submitting Proposals. Withdrawal of a Proposal
will not prejudice the rights of an Offeror to submit a new Proposal prior to the
Proposal opening date and time. No Proposal may be withdrawn or modified
after the date of proposal opening has passed.
14.2 If, within twenty-four (24) hours after Proposals are opened, any Offeror files a
duly signed, written notice with the Purchasing Office, and within five (5)
calendar days thereafter demonstrates to the reasonable satisfaction of City, by
clear and convincing evidence, that there was a material and substantial
mistake in the preparation of its Proposal, or that the mistake is clearly evident
on the face of the Proposal, but the intended correct Proposal is not similarly
evident, Offeror may withdraw its Proposal and any bid security will be returned.
Thereafter, the Offeror will be disqualified from further bidding on the subject
Contract.
15. REJECTION OF PROPOSALS
15.1 To the extent permitted by applicable state and federal laws and regulations,
City reserves the right to reject any and all Proposals, to waive any and all
informalities not involving price, time or changes in the work with the Successful
Offeror, and to disregard all nonconforming, non -responsive, unbalanced or
conditional Proposals. Proposals will be considered irregular and may be
rejected if they show serious omissions, alterations in form, additions not called
for, conditions or unauthorized alterations, or irregularities of any kind.
15.2 City reserves the right to reject the Proposal of any Offeror if City believes that it
would not be in its best interest of to make an award to that Offeror, whether
because the Proposal is not responsive, the Offeror is unqualified, of doubtful
financial ability, or fails to meet any other pertinent criteria established by City
within the scope of the solicitation.
16. QUALIFICATIONS OF PROPOSERS
16.1 Each Proposer shall complete the Offeror's Qualifications Statement and submit
the form with the Proposal. Failure to submit the Offeror's Qualifications
Statement and the documents required thereunder may constitute grounds for
rejection of the Proposal.
16.2 As a part of the evaluation process, the City may conduct a background
investigation including a criminal record check of Proposer's officers and/or
employees, by the Broward County Sheriff's Office. Proposer's submission of
a proposal constitutes acknowledgement of and consent to such
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TR# 12235
EMS Medical Director Contract
Exhibit A
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investigation. City shall be the sole judge in determining Proposer's
qualifications.
16.3 No proposal shall be accepted from, nor will any contract be awarded to, any
person who is in arrears to City for any debt or contract, who is a defaulter, as
surety or otherwise, of any obligation to City, or who is deemed irresponsible for
unreliable by City. City will be the sole judge of said determination.
16.4 City reserves the right to make a pre -award inspection of the Offeror's facilities
and equipment prior to award of Contract.
16.5 Employees of the Proposer shall at all times be under its sole direction and
not an employee or agent of the City. The Proposer shall supply competent
and physically capable employees. The City may require the Proposer to
remove an employee it deems careless, incompetent, insubordinate or
otherwise objectionable. Proposer shall be responsible to the City for the acts
and omissions of all employees working under its directions.
17. INSURANCE
17.1 Proposer agrees to, in the performance of work and services under this
Agreement, comply with all federal, state, and local laws and regulations now
in effect, or hereinafter enacted during the term of this agreement that are
applicable to Offeror, its employees, agents, or subcontractors, if any, with
respect to the work and services described herein.
17.2 Proposer shall obtain at Contractor's expense all necessary insurance in
such form and amount as required by this proposal or by the City's Risk and
Safety Manager before beginning work under this Agreement including, but
not limited to, Workers' Compensation, Commercial General Liability,
Automobile Liability and all other insurance as required by the City, including
Medical Malpractice (Errors and Omission Liability). The Contractor will
ensure that all sub -Contractors comply with the above guidelines and will
retain all necessary insurance in force throughout the terms of this
agreement.
17.3 Offeror shall indemnify and save the City harmless from any damage
resulting to it for failure of either Offeror or any Sub -Offeror to obtain or
maintain such insurance.
17.4 Medical Malpractice Liability
$1)0001000 / $21000X0
Neither Proposer nor any subcontractor shall commence work under this
contract until they have obtained all insurance required under this section and
have supplied owner with evidence of such coverage in the form of a
Certificate of Insurance.
All insurance companies shall be rated at least A VII per Best's Key Rating
Guide and be licensed to do business in Florida.
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TR# 12235
EMS Medical Director Contract
Exhibit A
City cpf Tamarac Pw-chasirna arw' Contracts Division
Medical/Malpractice policies can be on Claims Made forms.
All of the policies of insurance so required to be purchased and maintained
shall contain a provision or endorsement that the coverage afforded shall not
be canceled. Materially changed or renewal refused until at least thirty (30)
calendar days written notice has been given to the City by certified mail.
It is understood between the parties hereto that CONTRACTOR shall
maintain malpractice insurance to adequately cover CONTRACTOR and its
physician(s) or its associate(s) for the services to be performed under this
Agreement and shall provide a certificate of insurance to CITY prior to the
effective date of this Agreement.
17.5 The City reserves the right to require higher limits depending upon the scope
of work under this Agreement.
17.6 Neither Offeror nor any Sub -Offeror shall commence work under this contract
until they have obtained all insurance required under this section and have
supplied the City with evidence of such coverage in the form of an insurance
certificate and endorsement. The Offeror will ensure that all Sub -Offerors will
comply with the above guidelines and will maintain the necessary coverage's
throughout the term of this Agreement.
17.7 All insurance carriers shall be rated at least A-VII per Best's Key Rating
Guide and shall be licensed to do business in Florida. Policies shall be"
Occurrence" form. Each carrier will give the City sixty (60) days' notice prior
to cancellation.
17.8 The Proposer shall be responsible for the payment of all deductibles and
self -insured retentions. The City may require that the Offeror purchase a
bond to cover the full amount of the deductible or self -insured retention.
17.9 If the Offeror is to provide professional services under this Agreement, the
Offeror must provide the City with evidence of Medical Malpractice liability
insurance with, at a minimum, a limit of $1,000,000 per occurrence and
$2,000,000 in the aggregate. "Claims -Made" forms are acceptable only for
Medical/Malpractice Professional Liability.
17.10 Proposer agrees to perform the work under the Contract as an independent
contractor, and not as a subcontractor, agent or employee of the City.
17.11 The City will provide the medical malpractice liability insurance to adequately
cover the CONTRACTOR for his duties as a Medical Director designated as
pursuant to Section 401.265 Florida Statutes; when said Director is acting
within the scope and furtherance of the duties of the medical director as
outlined in section 401.265, Florida Statutes. The City will provide the
medical malpractice insurance at the City's sole discretion as long as it is
within the best interest of the City.
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TR# 12235
EMS Medical Director Contract
Exhibit A
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18. INDEMNIFICATION
P r6 ha ?ng and ContractsDivisiown
18.1 GENERAL INDEMNIFICATION: Successful Offeror shall, in addition to any
other obligation to indemnify the City and to the fullest extent permitted by
law, protect, defend, indemnify and hold harmless the City, their agents,
elected officials and employees from and against all claims, actions,
liabilities, losses (including economic losses), costs arising out of any actual
or alleged: a). Bodily injury, sickness, disease or death, or injury to or
destruction of tangible property including the loss of use resulting therefrom,
or any other damage or loss arising out of or resulting, or claimed to have
resulted in whole or in part from any actual or alleged act or omission of the
Successful Offeror, or any sub -Contractor, anyone directly or indirectly
employed by any of them, or anyone for whose acts any of them may be
liable in the performance of the Work; or b). violation of law, statute,
ordinance, governmental administration order, rule, regulation, or
infringement of patent rights by Successful Proposer in the performance of
the Work; or c). liens, claims or actions made by the Successful Offeror or
any sub -contractor under workers compensation acts; disability benefit acts,
other employee benefit acts or any statutory bar. Any cost of expenses,
including attorney's fees, incurred by the City to enforce this agreement shall
be the responsibility of the Successful Offeror.
18.2 Upon completion of all Services, obligations and duties provided for in this
Agreement, or in the event of termination of this Agreement for any reason,
the terms and conditions of this Article shall survive indefinitely.
18.3 The Successful Proposer shall pay all claims, losses, liens, settlements or
judgments of any nature whatsoever in connection with the foregoing
indemnifications including, but not limited to, reasonable attorney's fees
(including appellate attorney's fees) and costs.
18.4 City reserves the right to select its own legal counsel to conduct any defense
in any such proceeding and all costs and fees associated therewith shall be
the responsibility of Successful Offeror under the indemnification agreement.
Nothing contained herein is intended nor shall it be construed to waive City's
rights and immunities under the common law or Florida Statute 768.28 as
amended from time to time.
18.5 The Successful Offeror shall pay all claims, losses, liens, settlements or
judgments of any nature whatsoever in connection with the foregoing
indemnifications including, but not limited to, reasonable attorney's fees
(including appellate attorney's fees) and costs.
19. DELIVERIES
Any item requiring delivery by the Proposer or by sub -contractors shall be delivered
F.O.B. destination to a specific City address. All delivery costs and charges must be
included in the RFP price. If delivery of an item is required, the City reserves the right to
cancel the delivery order(s) or any part thereof, without obligation if delivery is not made
at the time specified in the proposal.
11
TR# 12235
EMS Medical Director Contract
Exhibit A
20. WARRANTIES
20.1 Successful Proposer warrants to City that the consummation of the work
provided for in the Contract documents will not result in the breach of any term
or provision of, or constitute a default under any indenture, mortgage, contract,
or agreement to which Successful Offeror is a party.
20.2 Successful Offeror warrants to City that it is not insolvent, it is not in bankruptcy
proceedings or receivership, nor is it engaged in or threatened with any
litigation, arbitration or other legal or administrative proceedings or
investigations of any kind which would have an adverse effect on its ability to
perform its obligations under the Contract.
20.3 Successful Offeror warrants to City that it will comply with all applicable federal,
state and local laws, regulations and orders in carrying out its obligations under
the Contract.
20.4 All warranties made by Successful Offeror together with service warranties and
guarantees shall run to City and the successors and assigns of City.
21. CONDITIONS OF MATERIAL
All materials and products supplied by Proposer in conjunction with this proposal shall be
new, fit for a particular purpose, free from defects and consistent with industry standards.
The products shall be delivered to the City in excellent condition. In the event that any of
the products supplied to the City are found to be defective or do not conform to the
specifications, the City reserves the right to return the product to the Bidder at no cost to
the City.
22. COPYRIGHTS OR PATENT RIGHTS
The Offeror warrants that there has been no violation of copyrights or patent rights in
manufacturing, producing or selling the goods shipped or ordered as a result of this bid.
The seller agrees to hold the City harmless from all liability, loss or expense occasioned
by any such violation.
23. SAFETY STANDARDS
The Proposer warrants that any product(s) supplied to the City shall conform with
all respects to the standards set forth in the Occupational Safety and Health Act
and its amendments to any industry standards, if applicable.
24. INSPECTION
The City shall have the right to inspect any materials, components, equipment,
supplies, services or completed work specified herein. Any of said items not complying
with these specifications are subject to rejection at the option of the City. Any items
rejected shall be removed from the premises of the City and/or replaced at the entire
expense of the successful vendor.
12
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TR# 12235
EMS Medical Director Contract
Exhibit A
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25. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYMENT
During performance of the Contract, Contractor shall not discriminate against any
employee or applicant for employment because of race, color, sex, religion, age,
national origin, marital status, political affiliation, familial status, sexual orientation, or
disability if qualified. Contractor will take affirmative action to ensure that employees
are treated during employment, without regard to their race, color, sex, religion, age,
national origin, marital status, political affiliation, familial status, sexual orientation, or
disability if qualified. Such actions must include, but not be limited to, the
following: employment, promotion; demotion or transfer recruitment or
recruitment advertising, layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. Contractor
shall agree to post in conspicuous places, available to employees and applicants
for employment, notices to be provided by the contracting officer setting forth the
provisions of this nondiscrimination clause. Contractor further agrees that he/she
will ensure that Subcontractors, if any, will be made aware of and will comply with
this nondiscrimination clause.
26 TAXES
Successful Proposer shall pay all applicable sales, consumer use and other similar
taxes required by law.
27. PERMITS, FEES AND NOTICES
0 Successful Offeror shall secure and pay for all permits and fees, licenses and charges
necessary for the proper execution and completion of the work, if applicable. The costs
of all permits, fees, licenses and charges shall be included in the Price Proposal except
where expressly noted in the specifications.
28. PERFORMANCE
Failure on the part of the Offeror to comply with the conditions, terms, specifications and
requirements of the bid shall be just cause for cancellation of the proposal award. The
City may, by written notice to the Proposal, terminate the contract for failure to perform.
The date of termination shall be stated in the notice. The City shall be the sole judge of
nonperformance.
29. TERMINATION FOR CAUSE AND DEFAULT
29.1 Default by Successful Offeror: In addition to all other remedies available to
the City, this Agreement shall be subject to cancellation by the City should
the Contractor neglect or fail to perform or observe any of the terms,
provisions, conditions, or requirements herein contained, if such neglect or
failure shall continue for a period of thirty (30) days after receipt by
Contractor of written notice of such neglect or failure.
29.2 Failure on the part of the Offeror to comply with the conditions, terms,
specifications and requirements of the RFP shall be just cause for the
cancellation of the RFP award. The City may, by written notice to the Offeror,
terminate the contract for failure to perform. The date of termination shall be
stated in the notice. The City shall be the sole judge of non-performance.
13
TR# 12235
EMS Medical Director Contract
Exhibit A
City of Tannorov
30. TERMINATION FOR CONVENIENCE OF CITY
Upon seven (7) calendar days written notice delivered by certified mail, return receipt
requested, to Successful Offeror, City may without cause and without prejudice to any
other right or remedy, terminate the agreement for City's convenience whenever City
determines that such termination is in the best interests of City. Where the agreement
is terminated for the convenience of City, the notice of termination to Successful Offeror
must state that the Contract is being terminated for the convenience of City under the
termination clause and the extent of termination. Upon receipt of the notice of
termination for convenience, Successful Offeror shall promptly discontinue all work
and, to the extent indicated on the notice of termination, shall terminate all outstanding
subcontracts and purchase orders as they relate to the terminated portion of the
Contract, shall refrain from placing further orders and/or contracting with
subcontractors, and shall complete any continued portions of the work.
31. FUNDING OUT
This agreement shall remain in full force and effect only as long as the expenditures
provided for in the Agreement have been appropriated by the City Commission of
the City of Tamarac in the annual budget for each fiscal year of this Agreement, and
is subject to termination based on lack of funding.
32. AUDIT RIGHTS •
City reserves the right to audit the records of Successful Offeror, relating to this
contract, at any time during the term of the Contract, and for a period of three (3) years
after completion of contract. If required by City, Successful Offeror shall agree to submit
to an audit by an independent Certified Public Accountant selected by City. Successful
Offeror shall allow City to examine and review the records of Successful Offeror at any
and all times during normal business hours during the term of the Contract.
33. ASSIGNMENT
33.1 Successful Offeror shall not assign, transfer or subject the Contract or its
rights, title, interests or obligations therein without City's prior written approval.
33.2 Violation of the terms of this paragraph shall constitute a breach of the
Contract by Successful Offeror and City may, at its discretion, cancel the
Contract. All rights, title, interest and obligations of Successful Offeror shall
thereupon cease and terminate.
34. EMPLOYEES
Employees of the successful Contractor shall at all times be under its sole direction and
not an employee or agent of the City. The Contractor shall supply competent and
physically capable employees. The City may require the Contractor to remove an
employee it deems careless, incompetent, insubordinate or otherwise objectionable.
Bidder shall be responsible to the City for the acts and omissions of all employees
working under its directions.
•
14
TR# 12235
EMS Medical Director Contract
Exhibit A
10
35. TAXES
The City of Tamarac is exempt from all Federal, State, and Local taxes. An
exemption certificate will be provided where applicable upon request.
36. GOVERNING LAW:
The laws of the State of Florida shall govern this Agreement. Venue shall be
Broward County, Florida.
V. STATEMENT OF WORK
A. SCOPE OF PROPOSAL
The purpose of this Request for Proposals is to obtain the services of a licensed
physician(s) pursuant to Chapter 458, Florida Statutes to serve as the Medical
Director pursuant to Chapter401, Florida Statutes, and Rule Chapter 64J-1 , Florida,
Administrative Code, to have authority over all clinical and patient care aspects of
the Emergency Medical Services system for the City of Tamarac.
The City is seeking a contract for an initial term of three (3) years, with two (2)
additional two-year renewal terms based upon satisfactory performance and mutual
agreement of both parties.
• The City of Tamarac provides Basic Life Support (BLS) and Advanced Life Support
(ALS) services to the citizens and visitors of Tamarac. Annual transports are
estimated to exceed 6,500 per year with an approximate total of 12,000 emergency
responses per year.
B. SERVICES TO BE PROVIDED
The Medical Director shall perform duties including advising, consulting,
training, counseling and overseeing services, which will include
administrative and management functions. In order to optimize medical
direction of Tamarac Fire -Rescue Emergency Medical Services, the
physician(s) functioning as Medical Director will at a minimum:
1. Serve as a patient advocate in the City of Tamarac EMS system.
2. Set and ensure compliance with patient care standards including
communications standards and medical protocols.
3. Develop and implement protocols and standing orders under which
the pre -hospital care provider functions.
4. Identify treatment modalities for the inclusion into medical treatment
• protocols. Develop and implement an agenda for the provision of
current medical direction.
TR# '12235
EMS Medical Director Contract
Exhibit A
City oj'Tarnorac
5. Evaluate and provide feedback on new or existing EMS technologies
for the inclusion into the system.
6. Ensure the appropriateness of initial qualifications of pre -hospital
personnel involved in patient care.
7. Ensure that the qualifications of pre -hospital personnel involved in
patient care are maintained on an ongoing basis through education,
testing, accreditation and credentialing. In addition, periodic validation
of skill proficiency of personnel and entry level medical training and
credentialing of pre -hospital personnel based on local and recognized
national standards.
8. Set and/or approve medical standards for individuals at a higher level
of patient care responsibility (e.g. Captains', Lieutenants', or
"specialty" paramedics). Alternatively, for all pre -hospital providers,
maintain official authority to limit the medical activities of patient care
providers for cause secondary to deviation from established clinical
standards of practice or by not meeting training standards.
9. Develop and implement an effective quality improvement program for
continuous system and patient care improvement.
10. Based on review of current pre -hospital and appropriate medical
literature and trends, provide a monthly forum for evaluation of
possible application and/or inclusion of current therapies.
11. Attend Medical Director/EMS subcommittee meetings and provide
feedback. Maintain liaison with the medical community including, but
not limited to hospitals, emergency departments, physicians, other
pre -hospital providers/agencies and nurses. Attend the trauma CQI
meetings and maintain regular contact with ED directors. Report to the
EMS Division Chief the results of the meetings.
12. Interact on a continued basis with state, regional and local EMS
authorities to ensure standards, needs and requirements are met and
resource allocation is optimized.
13. Support the coordination of activities such as automatic aid, disaster
planning and management, hazardous materials response, stroke and
cardiac alerts.
14. Promulgate public education and information on the prevention of
emergencies.
15. Maintain knowledge levels appropriate for an EMS Medical Director
16
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TR# 12235
EMS Medical Director Contract
Exhibit A
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through continued education as required in 64J-1 F.A.C.
16. Provide for a Medical Director "off-line" coverage when unavailable.
These arrangements will be made by the Medical Director and made
known to Tamarac Fire -Rescue EMS staff officers (e.g. EMS Division,
Assistant Chief -operations, etc.) at least 24 hours in advance.
17. Develop policies and protocols to keep Tamarac Fire -Rescue as a
primary provider of out -of -hospital medical care.
C. MINIMUM REQUIREMENTS
1. State of Florida license to practice medicine or osteopathy.
2. The Medical Director shall be from a broad -based medical specialty
such as emergency medicine, internal medicine, anesthesiology, or
other surgical specialty, with demonstrated experience in pre -hospital
care in a fire -rescue based system. Hold an ACLS Provider card or
equivalent. Instructor certificates in ACLS, ATLS or ITLS / PHTLS and
PALS / PEPP is preferred
3. The Medical Director shall possess proof of current registration with
the U.S. Department of Justice, DEA, to provide controlled substances
to an EMS provider either individually or through a hospital.
4. Familiarity with the design and operation of EMS systems.
5. Experience and/or training in the pre -hospital care of acutely ill or
injured patients.
6. Experience and/or training in medical direction of pre -hospital
emergency units.
7. Experience or training in the instruction of pre -hospital personnel.
8. Experience or training in the EMS Quality Improvement process.
9. Working knowledge of EMS laws and regulations (both State of
Florida and any applicable Federal laws and regulations).
10. Working knowledge of EMS dispatch and communications (EIVID).
11. Working knowledge of local mass casualty and disaster plans.
12. Working knowledge of treatment of patients involving hazardous
• materials.
17
TR# 12235
EMS Medical Director Contract
Exhibit A
City, of Tornof'nC
f',utchasMa, meidl Contracts Division,
13. Active participation in the ED management of the acutely ill or injured
patient (preferred).
Recommended Requirements to include:
1. Board Certification in Emergency Medicine (American Board of
Emergency Medicine or American Board of Osteopathic
Emergency Medicine).
2. Active clinical practice of emergency medicine.
D. CONTRACTOR RESPONSIBILITIES
1. The Medical Director has authority over all aspects of patient care.
Supervise and accept direct responsibility for the medical performance
of the paramedics and EMTs working for the City of Tamarac.
2. Recommends certification, recertification and decertification of pre -
hospital personnel to the appropriate certifying agency.
3. Establish, implement, revise, and authorize system -wide protocols, policies,
and procedures for all patient care activities from dispatch through triage,
treatment, and transport.
4. Establish an on -going continuous quality improvement (CQI) process to
ensure compliance with protocol by selecting, on a monthly basis, specific
review criteria for evaluation and submit a written report on those findings
monthly.
5. Develop and implement a patient care quality improvement system to assess
the medical performance of paramedics and EMTs. The Medical Director
shall audit the performance of system personnel by use of quality assurance
programs to include but not limited to a prompt review of run reports, direct
observation and comparison of performance standards for drugs, equipment,
system protocols and procedures. The Medical Director shall be responsible
for participating in quality assurance programs developed by the department.
The quality improvement program shall meet all standards required in
Chapter 64J-1 FAC.
6. Assists Fire -Rescue administration in establishing the criteria for level
of emergency response. (E.g. EMT, Paramedic, equipment,
preventive care programs etc.).
7. Establishes criteria for determining patient destination and
transportation needs.
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TR# 12235
EMS Medical Director Contract
Exhibit A
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8. Require education and testing to the level of proficiency approved for
the following personnel within EMS system.
a) EMTs, Paramedics (All Department members)
b) Field Training Officers (Captain Level) and their designees.
9. Participate in the implementation and supervision of an effective quality
improvement program. The Medical Director shall have access to all relevant
records needed to accomplish this task.
10. Remove a paramedic from medical care duties for due cause, using
an appropriate review and appeals mechanism. The Medical Director
has authority to limit the patient care activities of those who deviate
from established standards or do not meet training standards.
11. Participate in setting/approving hiring standards for personnel involved
in patient care and evaluation of probationary personnel prior to
regular assignment. Meet and evaluate firefighter recruits quarterly
during the probationary period and provide a final assessment of the
individual prior to regular status.
12. Advice regarding standards for equipment used in patient care.
13. Participate regularly in scheduled local, regional, state and national
level EMS conferences and meetings.
14. The Medical Director will conduct quarterly training meetings of the
EMS supervisory staff as well as meeting of fire -rescue personnel
based on a monthly CQI topic or other current relevant EMS issue that
may affect TFR operations.
15. The Medical Director will regularly attend State EMS Advisory Council
meetings (minimum of two (2) per year) to provide for the interests of
the Tamarac Fire -Rescue Department.
16. Compliance with all aspects of Rule 64J-1, FAC and other applicable
laws and rules governing the provision of pre -hospital EMS in a fire -
rescue based system.
E. RESPONSIBILITIES OF THE CITY OF TAMARAC
The Tamarac Fire -Rescue
Director with the resources
outlined above including:
EMS system has an obligation to provide the Medical
and authority commensurate with the responsibilities
1. Compensation for the time required.
2. Necessary material and personnel resources. For example, clerical
assistance will be made available for department -related memoranda,
19
TR# 12235
EMS Medical Director Contract
Exhibit A
F.
G.
T"urt'hashng- and Con't"rocts Division,
training handouts, etc.
3. A written agreement that delineates the Medical Director's authority
and responsibilities and the EMS systems obligations.
DELIVERABLES
1.
Provide specific plan
as outlined
above.
2.
Additional
reports
as
required
or
requested
by City.
PERFORMANCE SCHEDULE
This Agreement shall be effective for three (3) years from award, unless otherwise
terminated pursuant to the terms of this Agreement. The Agreement may be renewed for
(2) additional two (2) year periods at the City's option. However, notwithstanding the
foregoing, either party shall have the right to terminate this agreement at any time upon
giving thirty (30) calendar days written notice to the other party. Contract may be
terminated if conditions are not fulfilled based upon annual review.
VII. PROPOSAL SELECTION
The City Manager will appoint an Evaluation and Selection Committee to review Proposals.
The City reserves the right to select the Proposer, who represents the best value, and to
accept or reject any proposal submitted in response to this solicitation. The City's
Evaluation and Selection Committee will act in what they consider to be the best interest of
the City and its residents.
Price shall not be the sole determining factor for selection, as indicated in the following
section.
VIII. EVALUATION OF PROPOSALS
A. EVALUATION METHOD AND CRITERIA
A Selection/Negotiation Committee will be appointed by the City Manager and will
be responsible for selecting the most qualified firm and then negotiating a contract.
Proposers with the highest -ranked submittals may be asked to make a detailed
presentation of their product/service to the Evaluation and Selection Committee.
All Proposers are advised that in the event of receipt of an adequate number of
Proposals which in the opinion of the Evaluation Committee require no clarification
and/or supplementary information, such Proposals may be evaluated without
discussion. Hence, proposals should be initially submitted on the most complete and
favorable terms which Proposers are capable of offering to the City.
After presentations, if applicable, firms will be assigned a final score, with the
highest -ranked firm moving forward to the negotiation phase. Upon successful
negotiation, a recommendation for award will be considered by the City
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TR# 12235
EMS Medical Director Contract
Exhibit A
Oe t, c`f rm v vm.� a : i ` wM nrtrot Division
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Commission. No work on this project shall proceed without written authorization from
the City of Tamarac.
The City reserves the right to enter into contract negotiations with the selected
Proposer. If the City and the selected Proposer cannot negotiate a successful
contract, the City may terminate such negotiations and begin negotiations with the
next selected Proposer. No Proposer shall have any rights against the City arising
from such negotiations.
The City's evaluation criteria may include, but shall not be limited to, the following:
1. Compliance with Request for Proposals [Mandatory]. This refers to
the adherence to all conditions and requirements of the Request for Proposals.
The following criteria, not necessarily listed in order of importance will be used to
evaluate submittals. These criteria are general in nature and may be used to
develop a more detailed evaluation work sheet.
2. Mandatory Elements:
a. The proposer is licensed by the State of Florida to practice
medicine or osteopathy.
• b. The proposer has no conflict of interest with regard to any
other work performed by the proposer in the City of Tamarac.
C. The proposer adheres to the instructions in this request for
proposals on preparing and submitting the proposal.
3. Responsiveness to request for basic elements:
a. Quality of Response: (up to 5 points)
(1.) Attention to detail and presentation of proposal.
b. Services to be provided (up to 50 points)
(1.) Specific experience on similar projects (especially those
completed in the State of Florida.
(2.) General Experience
(3.) Experience of the physician with previous government
projects. (Project should be clearly identified and
described).
(4.) Recent, current, and projected workloads of the physician.
4. Qualifications of the Proposer/Expertise: (up to 20 points)
a. Evaluation of staff background proposed to handle city account
b. Evaluation of the proposer's organization, support and
experience in similar projects.
C. Does the expertise meet project requirements?
d. Specific experience on similar projects.
e. Specific experience on Government projects.
21
TR# 12235
EMS Medical Director Contract
Exhibit A
f. Number of qualified personnel available for the project.
g. Dependence on outside Contractors to accomplish the project.
h. Availability of in-house expertise for other disciplines.
i. Location of the physician and staff who will be accessible to the
City during the project.
j. Knowledge in use of computer applications and skills related to
pre -hospital emergency medicine and associated research.
5. Project Understanding: (up to 15 points)
a. Availability date to begin project.
b. Evaluation of the proposer's projected approach and plans to
meet the requirements of the RFP.
C. Schedule.
6. References & Price Proposal: (up to 10 points)
a. The proposer's past performance on projects on similar scope
and size including references.
b. Evaluation of the Medical Director's Price Proposal Form
C. Proposer may include a separate detailed fee schedule for
additional services not covered directly by the Scope of Work
herein. However, a separate Fee Schedule for additional
services is not required to be submitted with Proposal.
7. Recommended requirements: (up to 5 points)
a. Board Certified in Emergency medicine.
b. Active clinical practice of emergency medicine.
B. ACCEPTABLITY OF PROPOSALS
The Offer shall be evaluated solely in accordance with the criteria set forth
herein. The proposals shall be categorized as follows:
1. Acceptable;
2. Potentially Acceptable; that is reasonably susceptible of being
made acceptable; or
3. Unacceptable.
C. AWARD OF AGREEMENT
Award shall be made by the City to the responsible offeror whose proposal is
determined to be the most advantageous to the City, taking into consideration price
and the evaluation criteria set forth herein below. The City of Tamarac reserves the
22
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TR# 12235
EMS Medical Director Contract
Exhibit A
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City of Tarnarac
D.
E.
right to accept the Proposal as a whole or for any component thereof if it appears to
be in the best interest of the City.
WEIGHTED CRITERIA
Points will be assigned to each proposal based on the following weighted criteria:
CRITERIA
1. Compliance with Request for Proposal (Mandatory)
2. Quality of Response
3. Services to be Provided
4. Qualifications of the Proposer/Expertise
5. Project Understanding
6. References and Price Proposal
7. Recommended Requirements
MAXIMUM POINTS
N/A
5
points
50
points
20
points
15
points
10
points
5
points
These weighted criteria are provided to assist Proposers in the allocation of their
time and efforts during the proposal preparation process. The criteria also guide the
Evaluation Committee during the short -listing and final ranking of proposers by
establishing a general framework for those deliberations.
Once the Proposals are evaluated, a "short-list" may be selected to make
presentations to the Evaluation and Selection Committee, prior to a recommendation
for award.
DISCUSSIONS & PRESENTATIONS
If a clear choice by committee members does not emerge after their initial review of
all RFP submittals, the Committee may "short-list" and invite several Proposers to
make presentations to the Committee. The City may require additional information
after evaluation of the submittals, and Proposers agree to furnish such information
upon the City's request.
Proposers are advised that in the event of receipt of an adequate number of
submittals, which in the opinion of the Evaluation Committee require no clarification
and/or supplementary information, such proposals may be evaluated without
discussion or need for presentations. Hence, proposals should be initially submitted
on the most complete and favorable terms which offerors are capable of offering.
The Evaluation Committee may conduct discussions with any Proposer who submits
an acceptable or potentially acceptable proposal. Proposers shall be accorded fair
and equal treatment with respect to any opportunity for discussion and revision of
proposals. The Evaluation Committee reserves the right to request the Proposer to
provide additional information during this process.
23
TR# 12235
EMS Medical Director Contract
Exhibit A
City �� � *� ." Cs, n-, x y �,
F. RIGHT TO REJECT PROPOSALS
Purchasina and Contracts Dlvislole7
To the extent permitted by applicable state and federal laws and regulations, City
reserves the right to reject any and all Proposals, to waive any and all informalities not
involving price, time or changes in the work, and to disregard all nonconforming, non-
responsive, unbalanced or conditional Proposals. Proposals will be considered irregular
and may be rejected if they show serious omissions, alterations in form, additions not
called for, conditions, unauthorized alterations, or irregularities of any kind.
City reserves the right to reject any Proposal if City believes that it would not be in its
best interest to make an award to a particular Proposer, either because the Proposal is
not responsive, the Proposer is unqualified, of doubtful financial ability, or fails to meet
any other pertinent criteria established by City within the scope of this solicitation.
IX. PROPOSAL COPIES
Return one (1) original and six (6) copies in an envelope marked with your firm's name and
"RFP 12-16R, Medical Director for Fire Rescue" to the City of Tamarac, Purchasing
Division, 7525 NW 88th Ave, Room 108, Tamarac, Florida 33321. Any issued addenda
shall become part of this Request of Proposal and the resulting agreement. The Proposal
Form included herein should be signed by an authorized company representative, dated
and returned with the Proposal.
No negotiations, decisions or actions shall be initiated or executed by the Proposer as a
result of any discussions with any City employee. Only those communications that are
issued in writing from the Purchasing Division may be considered as a duly authorized
expression. Also, only communications from Proposers that are signed in and in writing will
be recognized by the City as duly authorized expressions on behalf of the Proposer.
CONTACT WITH PERSONNEL OF THE CITY OF TAMARAC OTHER THAN THE
PURCHASING AND CONTRACTS MANAGER OR DESIGNATED REPRESENTATIVE
REGARDING THEIR REQUEST FOR PROPOSALS MAY BE GROUNDS FOR
ELIMINATION FROM THE SELECTION PROCESS.
0
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TR# 12235
EMS Medical Director Contract
Exhibit A
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P c.has rig- and onark rs ivisi re
PRICE PROPOSAL FORM
RFP 12-16R
MEDICAL DIRECTOR FOR FIRE RESCUE
NOT TO EXCEED COST OF:
Annually
Full Contract term is three (3) years.
SUBMITTED BY:
Company Name:
Officer/Name of Individual Authorized to submit:
Address:
City:
Telephone: FAX:
Email:
State:
Zip:
NOTE: To be considered eligible for
award, one
(1) original
copy of this Proposal Form
must be submitted with the Proposal.
Proposers
must
Use
this
Cost
Proposal
Form.
Payment by Electronic Funds Transfer: Vendors may now receive payments by
direct deposit via electronic funds transfer instead of by paper check. Vendors are
strongly encouraged to register to receive all payments by direct deposit. Access the
City of Tamarac web -site at http://www.tamarac.org/city-departments/financial-
services/purchasing/register-for-direct-deposit-payment.aspx
NO BID INDICATION (IF "NO BID" IS OFFERED):
Please indicate reason(s) why a Proposal is not being submitted at this time.
25
TR# 12235
EMS Medical Director Contract
Exhibit A
Trn
rit Vic
Flu..vchaslinaa rr ontro s Divisiotf
CERTIFICATION
THIS DOCUMENT MUST BE SUBMITTED WITH THE BID
We (I), the undersigned, hereby agree to furnish the items)/service(s) described in the
Request for Proposal (RFP). We (I) certify that we(I) have read the entire document,
including the Specifications, Additional Requirements, Supplemental Attachments,
Instructions to Proposers, Terms and Conditions, and all addenda issued. We (I) agree to
comply with all of the requirements of the entire Request for Proposal.
Indicate which type of organization below:
INDIVIDUAL F-1 PARTNERSHIP ❑
If "Other", Explain:
Authorized Signature
Typed/Printed Name
Telephone
Fax
Email address for above signer (if any)
CORPORATION ❑
Company Name
Address
City, State, ZIP
Federal Tax ID Number
Contractor's License Number
26
OTHER F-1
0
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u
TR# 12235
EMS Medical Director Contract
Exhibit A
CERTIFIED RESOLUTION
I, (Name), the duly elected Secretary of
(Corporate Title), a corporation organized and existing under the laws of the
State of do hereby certify that the following Resolution was
unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a
meeting held in accordance with law and the by-laws of the said corporation.
"IT IS HEREBY RESOLVED THAT (Name)", the duly
elected (Title of Officer) of
(Corporate Title) be and is hereby authorized to execute and
submit a Bid and/or Bid Bond, if such bond is required, to the City of Tamarac and such other
instruments in writing as may be necessary on behalf of the said corporation; and that the Bid,
Bid Bond, and other such instruments signed by him/her shall be binding upon the said corporation as
its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act
by the foregoing resolution.
The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall
be indemnified and saved harmless from any and all claims, demands, expenses, loss or damage
resulting from or growing out of honoring, the signature of any person so certified or for refusing to
honor any signature not so certified.
further certify that the above resolution is in force and effect and has not been revised, revoked or
rescinded.
• I further certify that the following are the name, titles and official signatures of those
persons authorized to act by the foregoing resolution.
NAME
TITLE
Given under my hand and the Seal of the said corporation this day of
(SEAL)
NOTE:
M
SIGNATURE
, 20
Secretary
Corporate Title
The above is a suggested form of the type of Corporate Resolution desired. Such form need not be
followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the
• City of Tamarac that the person signing the Bid and Bid Bond for the corporation has been properly
empowered by the corporation to do so in its behalf.
27
TR# 12235
EMS Medical Director Contract
Exhibit A
PROPOSER'S QUALIFICATION STATEMENT •
The Proposer, under oath certifies the truth and correctness of all statements and of all
answers to questions made hereinafter:
1. If Offeror is a corporation, answer the following:
Date of Incorporation:
State of Incorporation:,x nF M __aRrk
2. If Offeror is an individual or a partnership, answer the following:
Date of organization: .._. y.
Name, address and ownership units of all partners:
3. If Proposer is operating under a fictitious name, submit evidence of compliance with the
Florida Fictitious Name Statute.
4. How many years has your organization been in business under its present business
name? •
a) Under what other former names has your organization operated?
5. List the pertinent experience of the key individuals of your organization (continue on
insert sheet, if necessary).
6. State the name of the individual who will serve as the primary contact for the City.
7. State the names and addresses of all businesses and/or individuals who own an
interest of more than five percent (5%) of the Offeror's business and indicate the
percentage owned of each such business and/or individual:
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TR# 12235
EMS Medical Director Contract
Exhibit A
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(lit - of T a t rm Ra a b..
Nirchasing x Cortracts Division
8. State the names, addresses, and the type of business of all firms that are partially or
wholly owned by offeror:
9. Bank References:
Bank Address Telephone
Balance of this Page is Blank
29
TR# 12235
EMS Medical Director Contract
Exhibit A
City y f c t'vw r i..e' c .° 'r�.# t"<..rwS R €,8 � S t1"�t� °�? t o ia.. i,.�` G. 2���" cts Division
The Proposer acknowledges and understands that the information contained in
response to this Qualification Statement shall be relied upon by owner in awarding
the contract and such information is warranted by Proposer to be true. The discovery
of any omission or misstatement that materially affects the Offeror's qualifications to
perform under the contract shall cause the owner to reject the proposal, and if after
the award, to cancel and terminate the award and/or contract.
Signature
ACKNOWLEDGEMENT
OFFEROR'S QUALIFICATION STATEMENT
State of
County of
On this the day of
, 20 , before me,
the undersigned Notary Public of the State of Florida, personally appeared •
and
(Name(s) of individual(s) who appeared before notary)
whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge
that he/she/they executed it.
WITNESS my hand and official seal.
NOTARY PUBLIC
SEAL OF OFFICE:
NOTARY PUBLIC, STATE OF FLORIDA
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
❑ Personally known to me, or
❑ Produced identification:
(Type of Identification Produced)
❑
DID
take
an oath,
or
❑
DID
NOT
take an
oath •
30
TR# 12235
EMS Medical Director Contract
Exhibit A
10
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and Contracts tDivision
VENDOR DRUG -FREE WORKPLACE
Preference may be given to vendors submitting a certification with their bid/proposal
certifying they have a drug -free workplace in accordance with Section 287.087, Florida
Statutes. This requirement affects all public entities of the State and becomes effective
January 1, 1991. The special condition is as follows:
IDENTICAL TIE BIDS - Preference may be given to businesses with drug -free workplace
programs. Whenever two or more bids that are equal with respect to price, quality, and
service are received by the State or by any political subdivision for the procurement of
commodities or contractual services, a bid received from a business that certifies that it
has implemented a drug -free workplace program shall be given preference in the award
process. Established procedures for processing tie bids will be followed if none of the tied
vendors have a drug -free workplace program. In order to have a drug -free workplace
program, a business shall:
Publish 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.
Inform employees about the dangers of drug abuse in the workplace, the business's
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.
Give each employee engaged in providing the commodities or contractual services
that are under bid a copy of the statement specified in subsection (1).
In the statement specified in subsection (1), notify 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
or of any controlled substance law of the United States or any state, for a violation
occurring in the workplace no later that five (5) days after each conviction.
Impose a section on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's
community, by any employee who is so convicted.
Make 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 form complies fully with the above requirements.
Authorized Signature
Company Name
31
TR# 12235
EMS Medical Director Contract
Exhibit A
NON -COLLUSIVE AFFIDAVIT
State of )
)ss.
County of )
deposes and says that:
He/she is the
Purchcasing and" Contracts DAfision
being first duly sworn
, (Owner, Partner, Officer,
Representative or Agent) of , the Offeror
that has submitted the attached Proposal;
He/she is fully informed respecting the preparation and contents of the attached
Proposal and of all pertinent circumstances respecting such Proposal;
Such Proposal is genuine and is not a collusive or sham Proposal;
Neither the said Offeror nor any of its officers, partners, owners, agents,
representatives, employees or parties in interest, including this affiant, have in any
way colluded, conspired, connived or agreed, directly or indirectly, with any other
Offeror, firm, or person to submit a collusive or sham Proposal in connection with the
Work for which the attached Proposal has been submitted; or to refrain from bidding in
connection with such Work; or have in any manner, directly or indirectly, sought by
agreement or collusion, or communication, or conference with any Offeror, firm, or
person to fix the price or prices in the attached Proposal or of any other Offeror, or to
fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of
any other Offeror, or to secure through any collusion, conspiracy, connivance, or
unlawful agreement any advantage against (Recipient), or any person interested in
the proposed Work;
The price or prices quoted in the attached Proposal are fair and proper and are not
tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of
the Offeror or any other of its agents, representatives, owners, employees or parties in
interest, including this affiant.
Signed, sealed and delivered in the presence of:
Witness
Witness
a
Printed Name
Title
0
0
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32
TR# 12235
EMS Medical Director Contract
Exhibit A
�a e s% o'�' i -i� 8 3 AYE C a � ry $ �: 6 t' a. '
� 5..� : �,. K � £ x e::a a..� i.�#' ?'� � �.� o... aye �� Z f b.6 �. A „�,s. A.o F � a .,:6 � O €
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State of Florida
County of
ACKNOWLEDGMENT
NON -COLLUSIVE AFFIDAVIT
On this the day of 120. , before me, the undersigned Notary Public
of the State of Florida, personally appeared
and
(Name(s) of individual(s) who appeared before notary)
whose name(s) is/are Subscribed to within the instrument, and he/she/they
acknowledge that he/she/they executed it.
WITNESS my hand
and official seal.
NOTARY PUBLIC
SEAL OF OFFICE:
0
0
NOTARY PUBLIC, STATE OF FLORIDA
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
❑ Personally known to me, or
❑ Produced identification:
(Type of Identification Produced)
❑ DID take an oath, or ❑ DID NOT take an oath
33
TR# 12235
EMS Medical Director Contract
Exhibit A
Vi+' ct a ! aContracts � ta° Division:
FORM SAMPLE
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
THIS AGREEMENT is made and entered into this day of ,
20 , by and between the City of Tamarac, a municipal corporation with principal offices
located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "City") and , a
corporation with principal offices located at (the "Contractor") to provide for Medical
Director Services.
Now therefore, in consideration of the mutual covenants hereinafter set
forth, the City and Contractor agree as follows:
1) The Contract Documents
The contract documents shall consist of this Agreement, Request for Proposal
Document No. 12-16R, including all conditions therein, (including any General Terms and
Conditions, Supplementary Conditions, Statement of Work or any other provisions
contained within the document), any and all addenda, Proposal executed and submitted by
the Contractor, specifications, bond(s), (if applicable), and insurance certificate(s), the City
Resolution awarding the project, and all modifications issued after execution of this
Agreement. These documents form the Agreement, and all are as fully a part of the
Agreement as if attached to this Agreement or repeated therein. In the event that there is a
conflict between the RFP 12-16R as issued by the City, and the Contractor's Proposal, RFP
12-16R as issued by the City shall take precedence over the Contractor's Proposal.
Furthermore, in the event of a conflict between this document and any other contract
documents, this Agreement shall prevail.
2) The Work
2.1. The Contractor shall perform all work for the City required by the contract
documents as set forth below:
2.1.1 Contractor shall furnish all labor, materials, and equipment necessary
to perform according to the scope of work as outlined in RFP 12-16R.
2.1.2 Contractor shall
2.1.3 Contractor shall comply with any and all Federal, State, and local laws
and regulations now in effect, or hereinafter enacted during the term
of this Agreement, which are applicable to the Contractor, its
employees, agents or sub -Contractors, if any, with respect to the work
and services described herein.
0
34
TR# 12235
EMS Medical Director Contract
Exhibit A
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3) Insurance
3.1. Contractor shall obtain at Contractor's expense all necessary insurance in
such form and amount as specified by the City's Risk and Safety Manager
before beginning work under this Agreement including, but not limited to,
Workers' Compensation, Commercial General Liability, Automobile Liability
and all other insurance as required by the City, including Medical Malpractice
(Errors and Omission Liability). The Contractor will ensure that all sub-
contractors comply with the above guidelines and will retain all necessary
insurance in force throughout the terms of this Agreement.
3.2. The City will provide medical malpractice liability insurance to adequately
cover the Contractor for duties as Medical Director designated as pursuant to
Section 401.265, Florida Statutes; when said Director is acting within the
scope and furtherance of the duties of the medical director as outlined in
Section 401.265, Florida Statutes. The City will provide the medical
malpractice insurance at the City's sole discretion as long as it is within the
best interest of the City.
3.3. Contractor shall indemnify and save the City harmless for any damages
resulting to it for failure of either Contractor or any Sub -contractor to obtain or
maintain such insurance. Contractor's Liability Insurance policies shall be
endorsed to add the City as an additional insured. Contractor shall be
responsible for payment of all deductibles and self-insurance retentions on
Contractor's Liability Insurance policies.
4) Schedule
The work to be performed under this Agreement shall be commenced after City
execution of this Agreement.
5) Contract Sum
The Contract Sum for the above work is Dollars and cents ( ).
6) Payments
The City shall pay in full the Contract Sum to the Contractor upon completion of the
work listed in Paragraph 2 of this Agreement unless the parties agree otherwise. The City
shall pay the Contractor for work performed subject to the specifications of the job and
subject to any additions and deductions by subsequent change order provided in the
contract documents. All payments shall be governed by the Florida Prompt Payment Act,
F.S., Part VI I, Chapter 218.
7) Indemnification
7.1. GENERAL INDEMNIFICATION: Contractor shall, in addition to any other
obligation to indemnify the City and to the fullest extent permitted by law,
protect, defend, indemnify and hold harmless the City, it's agents, elected
officials and employees from and against all claims, actions, liabilities, losses
35
TR# 12235
EMS Medical Director Contract
Exhibit A
City cfir T$RR':a'"Fu;rac, "Urchasinp vn C tr Ls DtvOr.`
(including economic losses), damages costs arising out of any actual or
alleged: a). Bodily injury, sickness, disease or death, or injury to or
destruction of tangible property including the loss of use resulting therefrom,
or any other damage or loss arising out of or resulting, or claimed to have
resulted in whole or in part from any actual or alleged act or omission of the
Contractor, any sub -Contractor, anyone directly or indirectly employed by any
of them, or anyone for whose acts any of them may be liable in the
performance of the Work; or b). violation of law, statute, ordinance,
governmental administration order, rule, regulation, or infringement of patent
rights by Contractor in the performance of the Work; or c). liens, claims or
actions made by the Contractor or any sub -Contractor under workers
compensation acts; disability benefit acts, other employee benefit acts or any
statutory bar. Any and all costs of expenses, including attorney's fees,
incurred by the City to enforce this agreement shall be the responsibility of
the Contractor.
7.2. Upon completion of all Services, obligations and duties provided for in this
Agreement, or in the event of termination of this Agreement for any reason,
the terms and conditions of this Article shall survive indefinitely.
7.3. The Contractor shall pay all claims, losses, liens, settlements or judgments of
any nature whatsoever in connection with the foregoing indemnifications
including, but not limited to, reasonable attorney's fees (including appellate
attorney's fees) and costs. 0
7.4. City reserves the right to select its own legal counsel to conduct any defense in
any such proceeding and all costs and fees associated therewith shall be the
responsibility of Contractor under the indemnification agreement. Nothing
contained herein is intended nor shall it be construed to waive City's rights and
immunities under the common law or Florida Statute 768.28 as amended from
time to time.
8) Non -Discrimination
During performance of Contract, Contractor shall not discriminate against any
employee or applicant for employment because of race, color, sex, religion, age, national
origin, marital status, political affiliation, familial status, sexual orientation, or disability, if
qualified. Contractor will take affirmative action to ensure employees are treated during
employment, without regard to their race, color, sex, religion, age, national origin, marital
status, political affiliation, familial status, sexual orientation, or disability. Such actions must
include, but not be limited to the following: employment, upgrading; demotion or transfer;
recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. Contractor shall agree to
post in conspicuous places, available to employees and applicants for employment, notices
to be provided by contracting officer setting forth the provisions of this nondiscrimination
clause. Contractor further agrees that he/she will ensure that sub -Contractors, if any, will be
made aware of and will comply with this nondiscrimination clause.
m
TR# 12235
EMS Medical Director Contract
Exhibit A
4D9) Independent Contractor
Contractor is an independent contractor under this Agreement. Personal services
provided by the Contractor shall be by employees of the Contractor and subject to
supervision by the Contractor, and not as officers, employees, or agents of the City.
Personnel policies, tax responsibilities, social security and health insurance, employee
benefits, purchasing policies and other similar administrative procedures applicable to
services rendered under this Agreement shall be those of the Contractor.
10) Assignment and Subcontracting
Contractor shall not transfer or assign the performance required by this Agreement
without the prior consent of the City. This Agreement, or any portion thereof, shall not be
subcontracted without the prior written consent of the city.
11) Notice
Whenever either party desires or is required under this Agreement to give notice to
any other party, it must be given by written notice either delivered in person, sent by U.S.
Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as
follows:
CITY
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
With a copy to City Attorney at the same address.
CONTRACTOR
12) Termination
12.1 Termination for Convenience: This Agreement may be terminated by the
City for convenience, upon seven (7) days of written notice by the terminating
party to the other party for such termination in which event the Contractor
shall be paid its compensation for services performed to termination date,
including services reasonably related to termination. In the event that the
Contractor abandons this Agreement or causes it to be terminated,
Contractor shall indemnify the city against loss pertaining to this termination.
0 12.2 Default by Contractor: In addition to all other remedies available to the City,
37
TR# 12235
EMS Medical Director Contract
Exhibit A
P f Divisioin
this Agreement shall be subject to cancellation by the City for cause, should
the Contractor neglect or fail to perform or observe any of the terms,
provisions, conditions, or requirements herein contained, if such neglect or
failure shall continue for a period of thirty (30) days after receipt by
Contractor of written notice of such neglect or failure.
13) Agreement Subject to Funding
This agreement shall remain in full force and effect only as long as
expenditures provided for in the Agreement have been appropriated by the City
Commission of the City of Tamarac in the annual budget for each fiscal year of
this Agreement, and is subject to termination based on lack of funding.
14) Venue
This Agreement shall be governed by
hereafter in force. Venue for actions arising
County, FI.
15) Signatory Authority
laws
of the State of
Florida as
now and
out
of
this agreement
is
fixed
in
Broward
Contractor shall provide the City with copies of requisite documentation evidencing
that the signatory for Contractor has the authority to enter into this Agreement.
16) Severability; Waiver of Provisions
Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction
shall, as to such jurisdiction, be ineffective to the extent of such prohibition or
unenforceability without invalidating the remaining provisions hereof or affecting the validity
or enforceability of such provisions in any other jurisdiction. The non -enforcement of any
provision by either party shall not constitute a waiver of that provision nor shall it affect the
enforceability of that provision or of the remainder of this Agreement.
17) Merger; Amendment
This Agreement constitutes the entire Agreement between the Contractor and the
City, and negotiations and oral understandings between the parties are merged herein.
This Agreement can be supplemented and/or amended only by a written document
executed by both the Contractor and the City.
18) No Construction Against Drafting Party
Each party to this Agreement expressly recognizes that this Agreement results from the
negotiation process in which each party was represented by counsel and contributed to the
drafting of this Agreement. Given this fact, no legal or other presumptions against the party
drafting this Agreement concerning its construction, interpretation or otherwise accrue to
the benefit of any party to the Agreement, and each party expressly waives the right to
assert such a presumption in any proceedings or disputes connected with, arising out of, or
involving this Agreement.
W
0
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TR# 12235
EMS Medical Director Contract
Exhibit A
C-ity of Tomarac nd� Comtrv'ct Divhsior;
--- ............ - ..... ...... ---l-1-1-1 ............. ................ ............. ........... .............. ... ................ -- - ..........
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the
respective dates under each signature. CITY OF TAMARAC, signing by and through its
Mayor and City Manager, and CONTRACTOR, signing by and through its
duly authorized to execute same.
ATTEST:
Peter M.J. Richardson, CRM, CIVIC
City Clerk
Date
0
ATTEST:
(Corporate Secretary)
CITY OF TAMARAC
Beth Talabisco, Mayor
Date
Michael C. Cernech, City Manager
Date:
Approved as to form and legal sufficiency:
City Attorney
Company Name
Signature of President/Owner
Type/Print Name of Corporate Secy. Type/Print Name of President/Owner
(CORPORATE SEAL)
0
Date
39
TR# 12235
EMS Medical Director Contract
Exhibit A
City of 0,,Mort-i Purchasing a� ` t vi io
_-
CORPORATE ACKNOWLEDGEMENT
STATE OF :
:SS
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an Officer
duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments,
personally appeared
, of
a Corporation, to me known to be the person(s) described in and
who executed the foregoing instrument and acknowledged before me that he/she executed
the same.
WITNESS my hand and official seal this. day of
.,
)2012.
Signature of Notary Public
State of at Large
Print, Type or Stamp
Name of Notary Public
[:1 Personally known to me or
F-1 Produced Identification
Type of I.D. Produced
F-1 DID take an oath, or
❑ DID NOT take an
oath.
0
CI
0
1
TR#12235
EMS Medical Director Contract
EXHIBIT B
AGREEMENT
BETWEEN THE CITY of TAMARAC
NABIL EL SANADI, M.D.
THIS AGREEMENT is made and entered into this day of
, 20 , by and between the City of Tamarac, a municipal
principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321
Nabil El Sanadi, M.D., 5100 N. ocean Blvd., Fort Lauderdale,
"Consultant") to provide for Medical Director Services.
corporation with
(the "City") and
FL 33308 (the
Now therefore, in consideration of the mutual covenants hereinafter set
forth, the City and Consultant agree as follows:
1} The Contract Documents
The contract documents shall consist of this Agreement, Request for Proposal
Document No. 12-16R, including all conditions therein, (including any General Terms
and Conditions, Supplementary Conditions, Statement of Work or any other provisions
contained within the document), any and all addenda, Proposal executed and submitted
b the Consultant, specifications, bond(s), (if applicable), and insurance certificate(s),
Y p
the CityResolution awarding the project, and all modifications issued after execution of
g
this Agreement. These documents form the Agreement, and all are as fully a part of the
Agreement as if attached to this Agreement or repeated therein. In the event that there
is a conflict between the RFP 12-16R as issued by the City, and the Consultant's
Proposal, RFP 12-16R as issued by the City shall take precedence over the
Consultant's Proposal. Furthermore, in the event of a conflict between this document
and any other contract documents, this Agreement shall prevail.
2) The Work
2.1. The Consultant shall perform all work for the City required by the contract
documents as set forth below:
2.1.1 Consultant shall furnish all labor, materials, and equipment
necessary to perform according to the scope of work as outlined in
RFP 12-16R.
2.1.2 Consultant shall provide all services in accordance with terms,
conditions and statement of work contained in RFP 12-16R.
2.1.3 Consultant shall supervise his work force as applicable, to ensure
all co-workers conduct themselves and perform their work in a safe
and professional manner. Consultant shall at all times provide
medical coverage for the services of Medical Director to City and
comply with all Federal, State, and local laws and regulations now
TR#12235
EMS Medical Director 00itract
EXHIBIT B
CORPORATE ACKNOWLEDGEMENT
- STATE OF `0�cc�c�
:SS
COUNTY OF w u�c�—:
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
Dr. Nabil
El Sanadi to me
known to be the
person(s) described
in and who executed the
foregoing
instrument and
acknowledged before me that he/she
executed the same.
WITNESS my hand and official seal this day of� , 2012.
Signature of Notary Public
State of i:^C.)V--A_ c.. at Large
Print, Type or Stamp
Name of Notary Public
Personally known to me or
Produced Identification
Type of I.D. Produced
❑ DID take an oath, or
DID NOT take an
oath.
Ddnda L, 5va ns
COMMISSION #EE 169857
sme
. --EXPIRES: MAR. 08, 2016
www.AARONNOTARY.com
t
TR#12235
EMS Medical Director Contract
EXHIBIT B
is
I*
0
AGREEMENT
BETWEEN THE CITY of TAMARAC
NABIL EL SANADI, M.D.
THIS AGREEMENT is made and entered into this day of
, 20, by and between the City of Tamarac, a municipal corporation with
principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "City") and
Nabil El Sanadi, M.D., 5100 N. Ocean Blvd., Fort Lauderdale, FL 33308 (the
"Consultant") to provide for Medical Director Services.
Now therefore, in consideration of the mutual covenants hereinafter set
forth, the City and Consultant agree as follows:
1 } The Contract Documents
The contract documents shall consist of this Agreement, Request for Proposal
Document No. 12-16R, including all conditions therein, (including any General Terms
and Conditions, Supplementary Conditions, Statement of work or any other provisions
contained within the document), any and all addenda, Proposal executed and submitted
by the Consultant, specifications, bond(s), (if applicable), and insurance certificate(s),
the City Resolution awarding the project, and all modifications issued after execution of
this Agreement. These documents form the Agreement, and all are as fully a part of the
Agreement as if attached to this Agreement or repeated therein. In the event that there
is a conflict between the RFP 12-16R as issued by the City, and the Consultant's
Proposal, RFP 12-16R as issued by the City shall take precedence over the
Consultant's Proposal. Furthermore, in the event of a conflict between this document
and any other contract documents, this Agreement shall prevail.
2) The Work
2.1. The Consultant shall perform all work for the City required by the contract
documents as set forth below:
2.1.1 Consultant shall furnish all labor, materials, and equipment
necessary to perform according to the scope of work as outlined in
RFP 12-16R.
2.1.2 Consultant shall provide all services in accordance with terms,
conditions and statement of work contained in RFP 12-16R.
2.1.3 Consultant shall supervise his work force as applicable, to ensure
all co-workers conduct themselves and perform their work in a safe
and professional manner. Consultant shall at all times provide
medical coverage for the services of Medical Director to City and
comply with all Federal, State, and local laws and regulations now
2.1.1 in effect, or hereinafter enacted during the term of this Agreement,
which are applicable to the ConSLIltant, its employees, agents or
sub -Consultants, if any, with respect to the work and services
described herein.
3 ) Insurance
3.1. ConSUltant shall obtain at Consultants expense all necessary insurance in
such fora and amount as specified by the City's Risk and Safety Manager
before beginning work under this Agreement including, but riot limited to.
Workers' compensation. Commercial General Liability, Automobile
Liability and all other insUrwnce as required by the City, including Medical
Malpractice (Errors and omission Liability). The consultant will ensure
that all SUb-Consultants comply with the above guidelines and will retain
all necessary insurance in force throughout the: terms of this Agreement.
3.2. The city may provide medical malpractice liability insurance to adequately
cover the consultant for duties as Medical Director designated as
pursuant to Section 401.261115, Florida Statutes- when said Director is acting
within the scope and furtherance of the duties of the r-nedical director as
outlined in Section 401.265, Florida Statutes
3.3. consultant shall indemnify and save the City harmless for any damages
resulting to it for failure of either Consultant or any Sub -Consultant to
obtain or maintain such insurance. Consultant's Liability Insurance policies
shall be endorsed to add the city as an additional insured. ConSUItant
shall be responsible for payment of all deductibles and self-insurance
retentions on Consultant's Liability InsUrance policies
4 ) Schedule
The work to be performed ender this agreement shall be commenced after city
execution of this Agreement.
5) Contract Sum
The
Contract Sure for
the above work is Thirty Six
Thousand Dollars and no
cents ($36,000.00)
annually
for an initial contract term of
three (3) years.
Medical Director Grants- As part of Dr. Nabil El Sanadi proposal, an unsolicited
offer of two (2) $800.00 grants, ($1,600,00) annually, has been pledged by the Doctor to
Tamarac Para medical=Firefighters for the, "purSUlt of knowledge, innovation, research and
clinical excellence .
61 Payments
1 he City shall pay in full the Contract Sum to the Consultant upon completion of the
work listed in Paragraph 2 of this Agreeme-Ant unless the parties agree otherwise. The
City shall pay the Consultant monthly for work performed subject to the scope of
medical director services as contained in RFC' 12-10R and Subject to any additions and
u
TR#12235
EMS Medical Director Contract
EXHIBIT B
r�
u
10
u
deductions by subsequent change order provided in the contract documents. All
payments shall be governed by the Florida Prompt Payment Act, F.S., Part VII, Chapter
218.
7) Indemnification
7.1. GENERAL INDEMNIFICATION: Consultant shall, in addition to any other
obligation to indemnify the City and to the fullest extent permitted by law,
protect, defend, indemnify and hold harmless the City, it's agents, elected
officials and employees from and against all claims, actions, liabilities,
losses (including economic losses), damages costs arising out of any
actual or alleged: a). Bodily injury, sickness, disease or death, or injury to
or destruction of tangible property including the loss of use resulting
therefrom, or any other damage or loss arising out of or resulting, or
claimed to have resulted in whole or in part from any actual or alleged act
or omission of the Consultant, any sub -Consultant, anyone directly or
indirectly employed by any of them, or anyone for whose acts any of them
may be liable in the performance of the Work; or b). violation of law,
statute, ordinance, governmental administration order, rule, regulation, or
infringement of patent rights by Consultant in the performance of the
Work; or c). liens, claims or actions made by the Consultant or any sub --
Consultant under workers compensation acts; disability benefit acts, other
employee benefit acts or any statutory bar. Any and all costs of expenses,
including attorney's fees, incurred by the City to enforce this agreement
shall be the responsibility of the Consultant.
7.2. Upon completion of all Services, obligations and duties provided for in this
Agreement, or in the event of termination of this Agreement for any
reason, the terms and conditions of this Article shall survive indefinitely.
7.3. The Consultant shall pay all claims, losses, liens, settlements or judgments
of any nature whatsoever in connection with the foregoing indemnifications
including, but not limited to, reasonable attorney's fees (including appellate
attorney's fees) and costs.
7.4. City reserves the right to select its own legal counsel to conduct any defense
in any such proceeding and all costs and fees associated therewith shall be
the responsibility of Consultant under the indemnification agreement.
Nothing contained herein is intended nor shall it be construed to waive City's
rights and immunities under the common law or Florida Statute 768.28 as
amended from time to time.
8) Non -Discrimination
During
performance
of Contract,
Consultant
shall not discriminate against
any
employee
or
applicant
for
employment
because
of
race, color,
sex, religion,
age,
national origin, marital status, political affiliation, familial status;
disability, if qualified. Consultant will take affirmative action to
sexual orientation, or
ensure employees are
3
TR#12235
EMS Medical Director Contract
EXHIBIT B
treated during employment, without regard to their race, color, sex, religion, age,
national origin, marital status, political affiliation, familial status, sexual orientation, or
disability. Such actions must include, but not be limited to the following: employment,
upgrading; demotion or transfer; recruitment or recruitment advertising, layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. Consultant shall agree to post in conspicuous places,
available to employees and applicants for employment, notices to be provided by
contracting officer setting forth the provisions of this nondiscrimination clause.
Consultant further agrees that he/she will ensure that sub -Consultants, if any, will be
made aware of and will comply with this nondiscrimination clause.
9) Independent Consultant
Consultant is an independent Consultant under this Agreement. Personal
services provided by the Consultant shall be by employees of the Consultant and
subject to supervision by the Consultant, and not as officers, employees, or agents of
the City. Personnel policies, tax responsibilities, social security and health insurance,
employee benefits, purchasing policies and other similar administrative procedures
applicable to services rendered under this Agreement shall be those of the Consultant.
10) Assignment and Subcontracting
Consultant shall not transfer or assign the performance required by this
Agreement without the prior consent of the City. This Agreement, or any portion thereof, •
shall not be subcontracted without the prior written consent of the city.
11) Notice
Whenever either party desires or is required under this Agreement to give notice
to any other party, it must be given by written notice either delivered in person, sent by
U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger
service, as follows:
CITY
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
With a copy to City Attorney at the same address.
CONSULTANT
Nabil El Sanadi M.D.
5100 N. Ocean Blvd.
Fort Lauderdale, FL 33308
(954) 560 1900 •
f
TR#12235
EMS Medical Director Contract
EXHIBIT B
is
0
0
12} Termination
12.1 Termination for
Convenience: This Agreement may
be terminated
by
the City for convenience, upon seven (7) days of written notice by
the
terminating party
to the other party for such termination
in which event
the
Consultant shall
be paid its compensation for services performed
to
termination date,
including services reasonably related
to termination.
In
the event that the
Consultant abandons this Agreement
or causes it to
be
terminated, Consultant shall indemnify the city against
loss pertaining
to
this termination.
12.2 Default by Consultant: In addition to all other remedies available to the
City, this Agreement shall be subject to cancellation by the City for cause,
should the Consultant neglect or fail to perform or observe any of the
terms, provisions, conditions, or requirements herein contained, if such
neglect or failure shall continue for a period of thirty (30) days after receipt
by Consultant of written notice of such neglect or failure.
13) Agreement Subject to Funding
This agreement shall remain in full force and effect only as long as expenditures
provided for in the Agreement have been appropriated by the City Commission of the
City of Tamarac in the annual budget for each fiscal year of this Agreement, and is
subject to termination based on lack of funding.
14) Venue
This Agreement shall be governed by
hereafter in force. Venue for actions arising
County, FI.
15) Signatory Authority
laws
of the State of
Florida as
now and
out
of
this agreement
is
fixed in
Broward
Consultant shall provide the City with copies of requisite documentation
evidencing that the signatory for Consultant has the authority to enter into this
Agreement.
16) Severability; Waiver of Provisions
Any provision in this Agreement that is prohibited or unenforceable in any
jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or
unenforceability without invalidating the remaining provisions hereof or affecting the
validity or enforceability of such provisions in any other jurisdiction. The non-
enforcement of any provision by either party shall not constitute a waiver of that
provision nor shall it affect the enforceability of that provision or of the remainder of this
Agreement.
,s
TR#12235
EMS Medical Director Contract
EXHIBIT B
17) Merger; Amendment
0
This Agreement constitutes the entire Agreement between the Consultant and
the City, and negotiations and oral understandings between the parties are merged
herein. This Agreement can be supplemented and/or amended only by a written
document executed by both the Consultant and the City.
18) No Construction Against Drafting Party
Each party to this Agreement expressly recognizes that this Agreement results from the
negotiation process in which each party was represented by counsel and contributed to
the drafting of this Agreement. Given this fact, no legal or other presumptions against
the party drafting this Agreement concerning its construction, interpretation or otherwise
accrue to the benefit of any party to the Agreement, and each party expressly waives
the right to assert such a presumption in any proceedings or disputes connected with,
arising out of, or involving this Agreement.
0
Remainder of Page Intentional Left Blank
0
101
TR#12235
EMS Medical Director Contract
EXHIBIT B
0
r�
u
!N WITNESS WHEREOF, the parties have made and executed this Agreement on the
respective dates under each signature. CITY OF TAMARAC, signing by and through its
Mayor and City Manager, and CONSULTANT, signed by Dr. Nabil El Sanadi, duly
authorized to execute same.
ATTEST:
Peter M.J. Richardson, CRM, CIVIC
City Clerk
Date
ATTEST:
N/A
(Corporate Secretary)
N/A
Type/Print Name of Corporate Secy.
(CORPORATE SEAL)
CITY of TAMARAC
Beth Talabisco, Mayor
Date
Michael C. Cernech, City Manager
Date:
Approved as to form and legal sufficiency:
City Attorney
Company N
Nabi! El Sanadi, M.D.
Type/Print Name
Date
Ronda L. Evans
'tb ,COMM ISSiOH EE 169857
¢ EXPIRES; MAR, 08, 2016
1►+ny�� WWW.AARONNOTARY.com
7
TR#12235
EMS Medical Director Contract
EXHIBIT B
CORPORATE ACKNOWLEDGEMENT
STATE OF C� t
:SS
COUNTY OF 0 GV r C1
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
Dr. Nabil El Sanadi to me known to be the person(s) described in and who executed the
foregoing instrument and acknowledged before me that he/she executed the same.
WITNESS my hand and official seal this. day of � , 2012.
Signature of Notary Public
State of i7i at Large
Print, Type or Stamp
Name of Notary Public
Personally known to me or
Produced Identification
Type of I.D. Produced
❑ DID take an oath, or
DID NOT take an
oath.
Y'P��%,Done L. Fvans
COMM ISSION # E E 169857
�;;� 4� EXPIRES: MAR-08, 2016
www.AARONNOTARY.com
0
0
r�
u
r
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
NABIL EL SANADI, M.D.
THIS AGREEMENT is made and entered into this day of
, 20 , by and between the City of Tamarac, a municipal
principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321
Nabil El Sanadi, M.D., 5100 N. Ocean Blvd., Fort Lauderdale,
"Consultant") to provide for Medical Director Services.
;brporation with
(the "City") and
FL 33308 (the
Now therefore, in consideration of the mutual covenants hereinafter set
forth, the City and Consultant agree as follows:
1) The Contract Documents
The contract documents shall consist of this Agreement, Request for Proposal
Document No. 12-16R, including all conditions therein, (including any General Terms
and Conditions, Supplementary Conditions, Statement of Work or any other provisions
contained within the document), any and all addenda, Proposal executed and submitted
by the Consultant, specifications, bond(s), (if applicable), and insurance certificate(s),
the City Resolution awarding the project, and all modifications issued after execution of
this Agreement. These documents form the Agreement, and all are as fully a part of the
Agreement as if attached to this Agreement or repeated therein. In the event that there
is a conflict between the RFP 12-16R as issued by the City, and the Consultant's
Proposal, RFP 12-16R as issued by the City shall take precedence over the
Consultant's Proposal. Furthermore, in the event of a conflict between this document
and any other contract documents, this Agreement shall prevail.
2) The Work
2.1. The Consultant shall perform all work for the City required by the contract
documents as set forth below:
2.1.1 Consultant shall furnish all labor, materials, and equipment
necessary to perform according to the scope of work as outlined in
RFP 12-16R.
2.1.2 Consultant shall provide all services in accordance with terms,
conditions and statement of work contained in RFP 12-16R.
2.1.3 Consultant shall supervise his work force as applicable, to ensure
all co-workers conduct themselves and perform their work in a safe
and professional manner. Consultant shall at all times provide
medical coverage for the services of Medical Director to City and
comply with all Federal, State, and local laws and regulations now
}
in effect, or hereinafter enacted during the term of this Agreement,
which are applicable to the Consultant, its employees, agents or
sub -Consultants, if any, with respect to the work and services
described herein.
3) Insurance
3.1. Consultant shall obtain at Consultant's expense all necessary insurance in
such form and amount as specified by the City's Risk and Safety Manager
before beginning work under this Agreement including, but not limited to,
Workers' Compensation, Commercial General Liability, Automobile
Liability and all other insurance as required by the City, including Medical
Malpractice (Errors and Omission Liability). The Consultant will ensure
that all sub -Consultants comply with the above guidelines and will retain
all necessary insurance in force throughout the terms of this Agreement.
3.2. The City will provide medical malpractice liability insurance to adequately
cover the Consultant for duties as Medical Director designated as
pursuant to Section 401.265, Florida Statutes; when said Director is acting
within the scope and furtherance of the duties of the medical director as
outlined in Section 401.265, Florida Statutes.
3.3. Consultant shall indemnify and save the City harmless for any damages
resulting to it for failure of either Consultant or any Sub -Consultant to
obtain or maintain such insurance. Consultant's Liability Insurance policies
shall be endorsed to add the City as an additional insured. Consultant
shall be responsible for payment of all deductibles and self-insurance
retentions on Consultant's Liability Insurance policies.
4) Schedule
The work to be performed under this Agreement shall be commenced after City
execution of this Agreement.
5) Contract Sum
The Contract Sum for the above work is Thirty Six Thousand Dollars and no
cents ($36,000.00) annually for an initial contract term of three (3) years.
Medical Director Grants: As part of Dr. Nabil El Sanadi proposal, an unsolicited
offer of two (2) $800.00 grants, ($1,600.00) annually, has been pledged by the Doctor to
Tamarac Paramedic/Firefighters for the, "pursuit of knowledge, innovation, research and
clinical excellence".
6) Payments
The City shall pay in full the Contract Sum to the Consultant upon completion of
the work listed in Paragraph 2 of this Agreement unless the parties agree otherwise.
The City shall pay the Consultant monthly for work performed subject to the scope of
medical director services as contained in RFP 12-16R and subject to any additions and
2
ip
deductions by subsequent change order provided in the contract documents. All
payments shall be governed by the Florida Prompt Payment Act, F.S., Part VII, Chapter
218.
7) Indemnification
7.1. GENERAL INDEMNIFICATION: Consultant shall, in addition to any other
obligation to indemnify the City and to the fullest extent permitted by law,
protect, defend, indemnify and hold harmless the City, it's agents, elected
officials and employees from and against all claims, actions, liabilities,
losses (including economic losses), damages costs arising out of any
actual or alleged: a). Bodily injury, sickness, disease or death, or injury to
or destruction of tangible property including the loss of use resulting
therefrom, or any other damage or loss arising out of or resulting, or
claimed to have resulted in whole or in part from any actual or alleged act
or omission of the Consultant, any sub -Consultant, anyone directly or
indirectly employed by any of them, or anyone for whose acts any of them
may be liable in the performance of the Work; or b). violation of law,
statute, ordinance, governmental administration order, rule, regulation, or
infringement of patent rights by Consultant in the performance of the
Work; or c). liens, claims or actions made by the Consultant or any sub -
Consultant under workers compensation acts; disability benefit acts, other
employee benefit acts or any statutory bar. Any and all costs of expenses,
including attorney's fees, incurred by the City to enforce this agreement
shall be the responsibility of the Consultant.
7.2. Upon completion of all Services, obligations and duties provided for in this
Agreement, or in the event of termination of this Agreement for any
reason, the terms and conditions of this Article shall survive indefinitely.
7.3. The Consultant shall pay all claims, losses, liens, settlements or judgments
of any nature whatsoever in connection with the foregoing indemnifications
including, but not limited to, reasonable attorney's fees (including appellate
attorney's fees) and costs.
7.4. City reserves the right to select its own legal counsel to conduct any defense
in any such proceeding and all costs and fees associated therewith shall be
the responsibility of Consultant under the indemnification agreement.
Nothing contained herein is intended nor shall it be construed to waive City's
rights and immunities under the common law or Florida Statute 768.28 as
amended from time to time.
8) Non -Discrimination
During performance of Contract, Consultant shall not discriminate against any
employee or applicant for employment because of race, color, sex, religion, age,
national origin, marital status, political affiliation, familial status, sexual orientation, or
disability, if qualified. Consultant will take affirmative action to ensure employees are
R1
treated during employment, without regard to their race, color, sex, religion, age,
national origin, marital status, political affiliation, familial status, sexual orientation, or
disability. Such actions must include, but not be limited to the following: employment,
upgrading; demotion or transfer; recruitment or recruitment advertising, layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. Consultant shall agree to post in conspicuous places,
available to employees and applicants for employment, notices to be provided by
contracting officer setting forth the provisions of this nondiscrimination clause.
Consultant further agrees that he/she will ensure that sub -Consultants, if any, will be
made aware of and will comply with this nondiscrimination clause.
9) Independent Consultant
Consultant is an independent Consultant under this Agreement. Personal
services provided by the Consultant shall be by employees of the Consultant and
subject to supervision by the Consultant, and not as officers, employees, or agents of
the City. Personnel policies, tax responsibilities, social security and health insurance,
employee benefits, purchasing policies and other similar administrative procedures
applicable to services rendered under this Agreement shall be those of the Consultant.
10) Assignment and Subcontracting
Consultant shall not transfer or assign the performance required by this
Agreement without the prior consent of the City. This Agreement, or any portion thereof,
shall not be subcontracted without the prior written consent of the city.
11) Notice
Whenever either party desires or is required under this Agreement to give notice
to any other party, it must be given by written notice either delivered in person, sent by
U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger
service, as follows:
CITY
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
With a copy to City Attorney at the same address.
CONSULTANT
Nabil El Sanadi M.D.
5100 N . Ocean Blvd.
Fort Lauderdale, FL 33308
(954) 560 1900
0
12) Termination
12.1 Termination for Convenience: This Agreement may be terminated by
the City for convenience, upon seven (7) days of written notice by the
terminating party to the other party for such termination in which event the
Consultant shall be paid its compensation for services performed to
termination date, including services reasonably related to termination. In
the event that the Consultant abandons this Agreement or causes it to be
terminated, Consultant shall indemnify the city against loss pertaining to
this termination.
12.2 Default by Consultant: In addition to all other remedies available to the
City, this Agreement shall be subject to cancellation by the City for cause,
should the Consultant neglect or fail to perform or observe any of the
terms, provisions, conditions, or requirements herein contained, if such
neglect or failure shall continue for a period of thirty (30) days after receipt
by Consultant of written notice of such neglect or failure.
13) Agreement Subject to Funding
This agreement shall remain in full force and effect only as long as expenditures
provided for in the Agreement have been appropriated by the City Commission of the
City of Tamarac in the annual budget for each fiscal year of this Agreement, and is
subject to termination based on lack of funding.
14) Venue
This Agreement shall be governed by
hereafter in force. Venue for actions arising
County, FI.
laws
of the State of
Florida as
now and
out
of
this agreement
is
fixed
in
Broward
15) Signatory Authority
Consultant shall provide the City with copies of requisite documentation
evidencing that the signatory for Consultant has the authority to enter into this
Agreement.
16) Severability; Waiver of Provisions
Any provision in this Agreement that is prohibited or unenforceable in any
jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or
unenforceability without invalidating the remaining provisions hereof or affecting the
validity or enforceability of such provisions in any other jurisdiction. The non-
enforcement of any provision by either party shall not constitute a waiver of that
provision nor shall it affect the enforceability of that provision or of the remainder of this
Agreement.
M
17) Merger; Amendment
This Agreement constitutes the entire Agreement between the Consultant and
the City, and negotiations and oral understandings between the parties are merged
herein. This Agreement can be supplemented and/or amended only by a written
document executed by both the Consultant and the City.
18) No Construction Against Drafting Party
Each party to this Agreement expressly recognizes that this Agreement results from the
negotiation process in which each party was represented by counsel and contributed to
the drafting of this Agreement. Given this fact, no legal or other presumptions against
the party drafting this Agreement concerning its construction, interpretation or otherwise
accrue to the benefit of any party to the Agreement, and each party expressly waives
the right to assert such a presumption in any proceedings or disputes connected with,
arising out of, or involving this Agreement.
Remainder of Page Intentional Left Blank
.
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the
respective dates under each signature. CITY OF TAMARAC, signing by and through its
Mayor and City Manager, and CONSULTANT, signed by Dr. Nabil El Sanadi, duly
authorized to execute same.
ATT
T-
ity Clerk
\i\\�IIIIIII////
ATTEST:
N/A
(Corporate Secretary)
N/A
Type/Print Name of Corporate Secy.
CITY OF TAMARAC
Beth Talabisco,'May6r
F
Date
ichael C. Cernech, City Manager
Date:
Approved as to form and legal sufficiency:
City Att rney
N/A
Comp�y N me
Signatur&-6TCon§ufta
Nabil El Sanadi, M.D.
Type/Print Name
(CORPORATE SEAL) Date
Donda L. Evans
-COMMISSION § EE 169857
%�' •... `,� EXPIRES: MAR. 08, 2016
WWW.AARONNOTARY.com
1-///d/)--
7
{
CORPORATE ACKNOWLEDGEMENT
STATE OF
:SS
COUNTY OF C C( o.
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
Dr. Nabil El Sanadi to me known to be the person(s) described in and who executed the
foregoing instrument and acknowledged before me that he/she executed the same.
WITNESS my hand and official seal this. day of T � J�t� � , 2012.
Signature of -Notary Public
State of at Large
Print, Type or Stamp
Name of Notary Public
Personally known to me or
Produced Identification
Type of 1. D. Produced
❑ DID take an oath, or
P1 DID NOT take an
oath.
�O'''R °°d•, DOnda L. Evans
°�'•• SOOiKi��iSSION#EE169857
.. . LIAR 08 2016
i9�+••• O ,vim
fel
••,.,� fl www.AARONNOTARY.com