Title
MOTION TO APPROVE THE AGREEMENT WITH ROBERT WARREN ENTERPRISES, INC. (D/B/A OCCUPATIONAL MEDICINE CENTERS OF AMERICA) AND THE CITY OF PEMBROKE PINES FIRE DEPARTMENT, FOR FIREFIGHTER ANNUAL PHYSICAL EXAMINATIONS WITH AN ANNUAL AMOUNT NOT TO EXCEED $100,000.00, PURSUANT TO SECTION 35.18(C)(7)(B) OF THE CITY'S CODE OF ORDINANCES.
Summary Explanation and Background
PROCUREMENT PROCESS TAKEN:
- Chapter 35 of the City’s Code of Ordinances is titled "PROCUREMENT PROCEDURES, PUBLIC FUNDS."
- Section 35.18 of the City's Code of Ordinances is regarding "COMPETITIVE BIDDING OR COMPETITIVE PROPOSALS REQUIRED; EXCEPTIONS."
- Section 35.18(C) states that "Only the following situations are exempt from the competitive bid and competitive proposal requirements of this section:"
- Section 35.18 (C)(7) states "The following contractual services are not subject to the competitive procurement requirement:"
- Section 35.18 (C)(7)(b) states "Health services involving examination, diagnosis, treatment, prevention, medical consultation or administration"
- Section 35.21 of the City’s Code of Ordinances is titled “AWARD OF CONTRACT.”
- Section 35.21(A) of the City’s Code of Ordinances is titled “City Commission approval.”
- Section 35.21(A)(1) states, “An initial purchase of, or contract for, commodities or services, in excess of $25,000, shall require the approval of the City Commission, regardless of whether the competitive bidding or competitive proposal procedures were followed.”
SUMMARY EXPLANATION AND BACKGROUND:
1. On October 19, 2016, the City entered into an Agreement with Occupational Medical Centers of America, for an initial two (2) year period, commencing on November 15, 2016, and expiring on November 14, 2018.
2. On February 23, 2017, the Parties executed an Assignment and Assumption Agreement in which the CITY consented to the assignment of Occupational Medical Centers of America’s interest in the Original Agreement to Robert Warren Enterprises, Inc. d/b/a Occupational Centers of America.
3. The City of Pembroke Pines Fire Department utilizes Robert Warren Enterprises, Inc. to provide annual physical examinations to firefighters.
4. Section 3.2 of the Original Agreement allowed for two (2) additional two (2) year renewal terms upon mutual consent, evidenced by a written Amendment.
5. On September 6, 2018, the Parties executed the First Amendment to enter into the first, two (2) year, renewal period, which expired on November 14, 2020.
6. On August 19, 2020, the Parties executed the Second Amendment to enter into the second two (2) year, renewal period, which expired on November 14, 2022.
7. On November 15, 2022, pursuant to the City’s Code of Ordinance § 35.29 (c), which authorizes the City Manager to extend, for operational purposes, and for a maximum of 180 days, any contract previously approved by the City Commission and entered into by the City, the Parties executed the Third Amendment to extend the agreement for 180 days which expired on May 14, 2023.
8. On May 3, 2023, City Commission approved the Fourth Amendment to further extend the term of the agreement for an additional 138-day period which commenced on May 15, 2023 and will expire on September 30, 2023.
9. The Fire Department recommends City Commission to approve this new agreement with Robert Warren Enterprises, Inc. (d/b/a Occupational Medicine Centers of America) and the City of Pembroke Pines Fire Department, for firefighter annual physical examinations with an annual amount not to exceed $100,000.00, pursuant to Section 35.18(C)(7)(b) of the City's Code of Ordinances.
Financial Impact
FINANCIAL IMPACT DETAIL:
a) Initial Cost: $100,000.00
b) Amount budgeted for this item in Account No: $125,000.00 in 001-529-4003-531400-0000-000-0000 (Professional Svc - Medical)
c) Source of funding for difference, if not fully budgeted: Not Applicable
d) 5 year projection of the operational cost of the project: Not Applicable
e) Detail of additional staff requirements: Not Applicable
FEASIBILITY REVIEW:
A feasibility review is required for the award, renewal and/or expiration of all function sourcing contracts. This analysis is to determine the financial effectiveness of function sourcing services.
a) Was a Feasibility Review/Cost Analysis of Out-Sourcing vs. In-House Labor Conducted for this service? Not Applicable
b) If Yes, what is the total cost or total savings of utilizing Out-Sourcing vs. In-House Labor for this service? Not Applicable