HomeMy WebLinkAboutCity of Tamarac Resolution R-88-267Temp. Reso. #5189
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-88- 2
A RESOLUTION AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO EXECUTE AN AGREEMENT
WITH MEDICS AMBULANCE SERVICE TO RENEW
AND AMEND AN EXISTING AGREEMENT
PERTAINING TO AMBULANCE SERVICE; AND
PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC,
FLORIDA:
SECTION 1: That the appropriate City officials are
hereby authorized to execute an Agreement with Medics
Ambulance Service to renew and amend an existing agreement
pertaining to ambulance service, a copy of said agreement
being attached hereto as "Exhibit 1".
SECTION 2: That the City Clerk is hereby authorized and
directed to record said agreement in the public records of
Broward County, Florida.
SECTION 3: This Resolution shall become effective upon
adoption.
PASSED, ADOPTED AND APPROVED this 9 day of , 1988.
ATTEST: qnrtw� 1)
NORMAN A AMOWITZ
MAYOR
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as to
form.
I
RICHARD DOODY
CITY ATTORNEY
RECORD OR COUNCIL VOTE
MAYOR
ABRAMOWITZ
DISTRICT 1:
C/M ROHR
DISTRICT 2:
_ V/M STELZER
DISTRICT 3:
C/M HOFFMAN
DISTRICT 4:
C/M BENDER
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THIS AGREEMENT is made by and between the CITY OF
TAMARAC, a municipal corporation, hereinafter "CITY", and
MEDICS AMBULANCE SERVICE, a Florida corporation, hereinafter
"CONTRACTOR".
W I T N E S S E T H:
WHEREAS, the City Council of the City of Tamarac has
determined that it is in the best interest of the CITY to
enter into an Agreement to provide ambulance service on a
contract basis with a private provider to the citizenry of
the City; and
WHEREAS, CONTRACTOR desires to provide the services on
the terms described herein; and
WHEREAS, CONTRACTOR possesses the necessary certificates
of convenience and necessity, permits and other governmental
approvals in order to conduct the business of ambulance
service in "Ambulance Zone 2" as established pursuant to the
laws of Broward County, Florida, which Zone includes all the
territory of the CITY:
NOW, THEREFORE, in consideration of the mutual covenants
contained herein, the parties agree as follows:
SECTION 1. DEFINITIONS:
(a) Emergency Ambulance Gall: Any call for ambulance
service received or placed through the "911 System"
including "Baker Act" emergencies, in Broward
County or pursuant to the request of a public
safety agency (through the 911 system) in an
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emergency situation or as otherwise provided by the
rules and regulations promulgated under Chapter 3
1/2 of the Broward County Code, as the same may be
amended from time to time. All Baker Act patients
will be transported to any hospital within Broward
County and all Baker Act patients must have a
completed original B-52 Baker Act form prior to any
patient being transported. All Baker Act patients
will be transported via a Medics Ambulance non -
emergency unit whenever possible. The City of
Tamarac Police Department will have a police
officer accompany the patient upon the request of
the ambulance crew. The City of Tamarac will be
responsible for all payments regarding Baker Act
transports.
(b) Hospitals: The area hospitals in which ambulance
service is provided for by this contract shall be
1. University Community Hospital
2. Florida Medical Center
3. Northwest Regional Hospital
4. Holy Cross Hospital
5. North Ridge General Hospital
(c ) Citizens of Tamarac: All residents of the City of
Tamarac, including residents of any nursing homes
located in the City of Tamarac.
(d) ExpeditiousService: A response time consistent
with County standards.
SECTION 2. COMPLIANCE WITH APPLICABLE LAWS: CONTRACTOR
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covenants that at the time of the execution of this Agreement
it is in compliance with all local, state and federal laws
regarding the business of ambulance service including, but
not limited to, Chapter 3-1,/2 of the Broward County Code and
Chapter 401 Florida Statutes and the rules and regulations
promulgated under either or both of them, all as may be
amended from time to time, and CONTRACTOR shall keep valid
and in full force and effect such certificates of convenience
and necessity, permits, licenses and governmental approvals
as shall be necessary to maintain such compliance during the
term of this Agreement.
SECTION 3. LICENSES AND APPROVALS: CONTRACTOR shall
maintain any and all certificates, licenses and approvals of
governmental agencies which are pre -requisites to the
maintenance and delivery of ambulance service in Broward
County, Florida and CONTRACTOR shall make available to the
CITY and allow the CITY to inspect any and all ambulances
which the CONTRACTOR uses in the CITY, and in the event any
defect is noted in such ambulances, such defect shall be
cured immediately. In the event that the CONTRACTOR shall
fail to keep in full force and effect the required
certificates, licenses and approvals, this Agreement shall be
deemed automatically terminated upon the expiration or
revocation of any such certificates, licenses and approvals.
SECTION 4. SERVICES: CONTRACTOR shall provide the
following:
(a) Emergency Ambulance Service. Emergency ambulance
service to all citizens and employees of the CITY
from any point within the City limits of the City
of Tamarac, Broward County, Florida, to any of the
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above defined hospitals in Broward County, without
cost to such citizens or employees, except as may
be set forth herein. Any Tamarac resdent who was
transported to the closest medical facility from an
emergency call, may be transferred by a Basic Life
Support unit to any one of the hospitals referenced
in Section 1 above for a flat rate of $100.00
payable at the time of service. To be eligible for
tranference to another hospital, the patient must
be taken out of the emergency room, not off a
hospital floor.
(b) Geographic Limits: The corporate limits of the
City of Tamarac.
(c) Expeditious and Non-discriminatory Manner: All
services denominated herein (911 calls) shall be
performed and provided in an expeditious and
professional manner without discrimination as to
race, color, creed, handicap, religion, sex,
national origin or ability to pay or availability
of insurance coverage.
SECTION 5. CONTRACT TERM AND PAYMENT: This Contract
shall be for a period of twelve (12) months starting on the
1st day of October, 1988 and ending on the 30th day of
September 1989. CITY shall provide monthly payments to con-
tractor in an amount of $8,750.00 for the twelve month
contract period with the total contract amount being
$105,000.00
SECTION 6. REIMBURSEMENT AND ADJUSTMENT:
NC
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(a) with respect to each person enjoying the services
to be provided hereunder, CONTRACTOR shall solicit
and accept assignments of the recipient's insurance
protection benefits where available, and CONTRACTOR
shall make a good faith effort to obtain the
maximum potential insurance benefit payments from
the applicable insurers. The contract sum
described in SECTION 5 hereof shall be adjusted
annually, or earlier in the event of termination as
provided herein from insurance benefits payments
and such payments shall be distributed as follows:
CONTRACTOR shall receive the first $141,000.00;
hereafter any insurance benefit payments in excess
of $141,000.00 shall be divided equally between the
CITY and the CONTRACTOR.
(b) The parties intend that the adjustment described in
.
Sub --section (a) hereof be made annually, but with
due regard to normal delays in actual collection
delay of sixty (60) or more days from the date of
invoice to the applicable insurance carrier.
Therefore, it is understood between the parties
that such adjustment will focus on the contract
year in which the service was rendered, rather than
the year in which the collection was made;
provided, however, that in the interest of
expediting the CITY'S business, the accounting for
revenue is generated from services delivered in a
prior year, concerning the adjustment be made for
such prior year, shall be discontinued as of ninety
(90) days following the applicable annual term, and
the revenues collected thereafter shall be treated
as if collected upon services rendered in the then
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current annual term.
(c) Notwithstanding anything to the contrary contained
herein, and particularly nothwithstanding the
ninety (90) day cutoff date for accounting purposes
41
as set forth in sub -section (b) hereof, final
adjustment shall be made based upon the aggregate
of all insurance proceeds and revenues collected
from services rendered in connection with the
performance of this Agreement by the CONTRACTOR.
These provisions shall survive the termination of
this Agreement with respect to the receipts and
disbursements, if any, and all insurance benefit
payments received by CONTRACTOR in connection with
service provided hereunder. Moreover, the
reimbursables due to a prior contract year shall
continue to be due and payable without regard to
the making of this Agreement.
SECTION 7. INSURANCE: CONTRACTOR shall provide to the
CITY certificates of general liability, malpractice and
workers compensation insurance in such amounts as shall be
required by law, and each of such certificates shall provide
that the CITY is a co --insured under the named policy and that
such policy shall not be cancelled except upon a thirty (30)
day prior notice to he CITY. CONTRACTOR shall keep such
policies of insurance in full force and effect during the
term of this Agreement and shall provide to the CITY such
evidence of premium payment as the CITY shall require from
time to time. 40
SECTION 8. HOLD HARMLESS AND INDEMNIFICATION:
CONTRACTOR shall hold CITY harmless from and indemnify CITY
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from any and all claims, causes of action, damages, costs,
expenses and attorney's fees which the CITY shall suffer by
virtue of the defense of or response to any claim being made
against it in connection with the service to be rendered by
dothe CONTRACTOR, its agents or employees, hereunder or any act
or omission of CONTRACTOR, its agents or employees, in
connection therewith. This provision shall survive the
termination of this Agreement and shall pertain to any
occurrence during the term of this Agreement, even though the
claim may be made after the termination hereof.
SECTION 9. RECORDS AND REPORTING: CONTRACTOR agrees
that it shall keep accurate and complete records with regard
to all service provided hereunder. CONTRACTOR shall make his
books and business records available to the CITY for
inspection during normal business hours or upon twelve (12)
hours notice by the CITY, at the authorization of the City
Manager. CONTRACTOR shall provide to the City Manager of
the CITY a monthly report which shall describe the volume of
calls for service, the type of calls, the number of 911 calls
that required transport to a hospital, response time, the
location of origination (point of pick-up) and conclusion
(point of patient delivery). Each monthly report shall state
separately the information for the month for which the report
is made and the cumulative information for the full term to
the date of report.
SECTION 10. RESOLUTION OF DISPUTES: All disputes
concerning level of service or any matter referred to herein
. will be referred to the City Manager of the City of Tamarac,
or his designee, who shall conduct such investigations and
inquiries, including discussions with the CONTRACTOR which
the City Manager deems appropriate; the City Manager, or his
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designee, shall be the sole judge of the merits of the
dispute and the CONTRACTOR shall abide by the decision of
the City Manager.
SECTION 11. INSPECTIONS: The CONTRACTOR shall allow
the CITY to inspect all ambulances operating in the CITY at
any reasonable time as authorized by the City Manager, and
shall promptly remedy any deficiency noted by the CITY
inspection. All inspections will be pursuant to criteria
established by Chapter 401 Florida Statutes and by the
Emergency Medical Service (EMS) Division of Broward County.
SECTION 12. OWNERSHIP AND NOTICE: CONTRACTOR
acknowledges that the only stockholder(s) and officer(s) of
the CONTRACTOR is/are: Malcolm M. Cohen. The delivery of any
items and the giving of notice in compliance with the terms
of this Agreement shall be accomplished by making same, in
writing, and by the delivery thereof to the party intended to
receive it or by mailing the same to the address of such
party as hereinafter set forth. In the event such notice is
made by mail, the same shall be given via U.S. Mail, return
receipt requested, and unless otherwise provided herein,
notice or delivery by mail shall be effective when mailed.
CITY OF TAMARAC
7525 N.W. 88th Avenue
Tamarac, Florida 33321
MEDICS AMBULANCE SERVICE.
1776 E. Sunrise Boulevard
Ft. Lauderdale, Fla. 33304
SECTION 13. This Agreement shall commence on the 1st
day of October 1, 1988, and shall end on the 30th day of
September, 1989, unless otherwise terminated hereunder.
SECTION 14.
TERMINATION: Either party hereto may
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terminate this Agreement on not less than ninety (90) days
written notice to the other party, unless otherwise provided
for herein.
SECTION
15. ASSIGNMENTS:
This Agreement shall
not be
assigned by
CONTRACTOR without
first obtaining
written
approval from CITY pursuant to Council action at a formal
meeting.
SECTION 16. AMENDMENTS: This Agreement shall be
amended only by the proper execution of a written document of
equal dignity hereto previously approved by both parties.
SECTION 17. VENUE: In connection with any litigation
arising hereunder, venue shall be set in Broward County,
Florida.
. SECTION 18. DEFAULT: Failure on the part of the
CONTRACTOR to comply with any provision set forth herein may
be considered breach of this Agreement on the part of
CONTRACTOR and may be grounds for immediate cancellation on
the part of the CITY.
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals on the day and year set forth below their
respective signatures.
Witnesses:
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CITY OF TAMARAC
By Llni4-wljL�- t (�(I,VLWIL
NORMAN ABRAMOW, MA R
-T&,
This day of ,.44�. - 19
By
"KELLYZ�OITY MANAGER
ATTEST:
CAROL A. EVANS
City Clerk
Approved as to form:
�CIr a
RICHARD L. DOODY�
City Attorney
This e.-29 day of 19
CITY OF
APPROVED AT PrUT:O OF -.- _1��� SA
MEDICS AMBULANCE SERVICE
By exam -r
PRESIDENT
This_ _ day of
(SEAL)
STATE OF FLORIDA )
ss..
COUNTY OF BROWARD )
I HEREBY CERTIFY that on this �� day of
198> before me personally appeared NORMAN ABRAMOWITZ, JOHN
KELLY, CAROL A. EVANS, Mayor, City Manager and City Clerk,
respectively, of the City of Tamarac, a municipal corporation of
Florida, and they acknowledged that they executed the foregoing
instrument as the proper City officials of the City of Tamarac,
Florida, and the said is the act and deed of said City of
Tamarac.
WITNESS my hand and official seal at - 7x .c��2 in
the State and County aforesaid this day of _zl. 19 �.
My Commission Expires:
NOTARY PUBLIC STATE OF FLORIDA
1T CORRISS101 Erie SEPT 17,1990
O04LU TMAU 6EUERAI IRS. UMD.
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Notary Public, State of
Florida -at --Large
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STATE OF FLORIDA )
) ss.:
COUNTY OF BROWARD )
I HEREBY CERTIFY that on this "' day of-�-�--►
19 5's, before me personally appeared to me
known, who, being by me duly sworn, did depose and say that he is
the President of MEDICS AMBULANCE SERVICE, the corporation
described in and which executed the foregoing Agreement; that he
knows the seal of said corporation; that one of the impressions
affixed to said Agreement is an impression of such seal; that he
is the proper official of said corporation designated to execute
such Agreement; that he has authority so to do, that he executed
same for and in behalf of said corporation, and that his act is
the act and deed of said corporation.
WITNESS my hand and official seal at F i in
C1--
the State and County aforesaid this day of
1911.
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Toy Commission Expires:
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Notary Public, State of
Florida -at -Large J