Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-197E 1 Tel -Tip, Rr. ',o " 10179 I,` a g e 1 >'19/ 3 Revised &'.2. 1 "0 3 Revised 8/21 03 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003- � 7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT AMENDMENT WITH L. SCOTT ULIN EMERGENCY MEDICAL SERVICES, INC. F/K/A MEDGUARD SERVICES FOR EMS MEDICAL DIRECTOR SERVICES FOR A TWO (2) YEAR TERM, COMMENCING ON OCTOBER 1, 2003 AND EXPIRING SEPTEMBER 30, 2005 IN AN AMOUNT NOT TO EXCEED TWENTY EIGHT THOUSAND DOLLARS ($28,000.00) PER YEAR; 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 Statute 401.265 requires agencies providing ALS services to have a medical director; and WHEREAS, Resolution #98-265 authorized an Agreement between the City of Tamarac and Dr. Scott Ulin, M.D., F.A.C.E.P. Medguard Services as Medical Director for the provision of Emergency Medical Services (attached hereto as Exhibit "A"); and WHEREAS, Resolution #98-265 allows for a total of two (2), two (2) year renewals, with this being the second and final renewal option; and Tema. Reso #10179 Page 8/19/03 Revised 8/21 /03 Revised 8/21 /03 WHEREAS, in 2001 Tamarac exercised the first renewal with L. Scott Ulin Emergency Medical Services Inc. including an increase from twenty four thousand. dollars ($24,000) to twenty eight thousand dollars ($28,000) per year for a total of fifty six thousand dollars ($56,000) for FY02 and FY03 (attached hereto as Exhibit "B"); WHEREAS, the City has negotiated a renewal with L. Scott Ulin Emergency Medical Services, Inc., f/k/a Medguard Services for EMS Medical Director Services at a sum of twenty eight thousand dollars ($28,000) per year, reflecting no increase in compensation for the second and final two (2) year term. (attached hereto as Exhibit "C"); and WHEREAS, available funds exist in the Fire Rescue Fund for said purpose; and WHEREAS, it is the recommendation of the Fire Chief and Interim Purchasing and Contracts Manager that the Agreement be renewed for a second and final two (2) year term; 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 execute an Agreement Amendment with L. Scott Ulin Emergency Medical Services, Inc. f/k/a Medguard Services for the medical direction and supervision of the Tamarac Fire Rescue emergency medical services at a cost of twenty eight thousand dollars ($28,000) per year. 1 Temp. Reso 410179 Page 3 8/ 19/03 Revised 8/21 /0 3 Revised 8/21 /03 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY 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. SECTION 2: The appropriate City Officials are hereby authorized to execute an Agreement Amendment between the City of Tamarac and L. Scott Ulin Emergency Medical Services, Inc. f/k/a Medguard Services for EMS Medical Director Services for Tamarac Fire Rescue in an amount not to exceed twenty eight thousand dollars ($28,000) per year. SECTION 3: That all Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: 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. 1 Temp, Reso # 101 9 'cage 8/19/03 Revised 8/21 /03 Revised 8/21 /0.3 SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 271h day of August, 2003. hr11110101115 MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCHELL S. KRAF CITY ATTORNEY JOI* SCHREIBER, MAYOR RECORD OF COMMISSION VOTE: �] MAYOR SCHREIBER (�� DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABISC DIST 3: COMM. SULTANOF DIST 4: VIM ROBERTS 1 1.1 I - ' ' EXHIBIT A Temp. Reso #8353 Page 1 9/03/98 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-98-;65"' A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA; AWARDING THE REQUEST FOR PROPOSAL #98-24R TO SCOTT ULIN, M.D., F.A.C.E.P., MEDGUARD SERVICES FOR MEDICAL DIRECTION AND SUPERVISION OF THE TAMARAC FIRE RESCUE MEDICAL SERVICES, FOR A MINIMUM OF THREE YEARS AT A COST OF TWENTY FOUR THOUSAND DOLLARS ($24,000) FOR FY99, TWENTY FOUR THOUSAND DOLLARS ($24,000) FOR FY00, AND TWENTY FOUR THOUSAND DOLLARS ($24,000) FOR FY01, FOR A TOTAL OF SEVENTY TWO 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 64E-2 requires agencies providing ALS services to have a medical director; and Whereas, the City published Request for Proposal (RFP) #98-24R for medical direction and supervision of the Tamarac Fire Rescue emergency medical services; and I Temp. Resod 3 Page' ' 9/03/98 Whereas, the City examined responses from: H. Wayne Lee, M.D. of Physician Associates, Scott Ulin, M.D. F.A.C.E.P, of Medguard Services, and Tony Candia, M.D., to the request for proposal and determined that Scott Ulin, M.D, was best able to meet the needs of the City; and WHEREAS, the City has negotiated a contract with Scott Ulin, M.D. for his services at a sum of twenty four thousand dollars ($24,000) for fiscal year 1999, twenty four thousand dollars ($24,000) for fiscal year 2000, and twenty four thousand dollars ($24,000) for fiscal year 2001, for a total of seventy two thousand dollars ($72,000) for the term of the three year agreement; and WHEREAS, Tamarac has the option of renewing the contract agreement up to two times for two years each; and WHEREAS, available funds exist in the Fire Rescue Fund for said purpose; and Whereas, it is the recommendation of the Fire Chief and the Purchasing/ Contracts Manager that this request for proposal be awarded to Dr. Scott Ulin, M.D. F.A.C.E.P., Medguard Services; 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 Scott Ulin, M.D., F.A.C.E.P., Medguard Services for the medical direction and supervision of the Tamarac Fire Rescue emergency medical services at a cost of twenty four thousand dollars ($24,000) for FY99, twenty four thousand dollars ($24,000) for FY00, and twenty four thousand dollars ($24,000) for FY01, for a total of seventy two thousand dollars Temp. Reso #8353 Page 3 9/03/98 ($72,000) for the term of the three year agreement. NOW, THEREFORE, BE 1T RESOLVED BY THE COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing AWHEREAS= clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: Scott Ulin, M.D., F.A.C.E.P., Medguard Services is awarded the request for proposal for the medical direction and supervision of the Tamarac Fire Rescue emergency medical services at a cost of twenty four thousand dollars ($24,000) for FY99, twenty four thousand dollars ($24,000) for FY00, and twenty four thousand dollars ($24,000) for FY01, for a total of seventy two thousand dollars ($72,000) for the term of the three year agreement. SECTION 3: The City Manager or his designee is hereby authorized to execute the Agreement between and the City of Tamarac and Scott Ulin, M.D., F.A.C.E.P., Medguard Services for medical direction services (attached hereto as Exhibit 1). SECTION 4: That all Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. 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 effect the validity of the remaining portions or applications of this W Temp. Reso #8353 Page 4 9/03/98 Resolution. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption_ PASSED, ADOPTED AND APPROVED this 3day of , 1998. ATTEST: CAROL GOtb CMC/AAE CITY CLERK JOt SCHREIBER MAYOR RECORD OF COMMISSIO 0 MAYOR SCHREIBER , DIST f : COMM. MCKAYE ' DIST 2: WM MISHKIN -44 DIST 3: COMM. SUL.TANOF DIST 4: COMM. ROBEFirIr I08i EBY CART FY that I have approved this RESOLUTION as to form. MITCHELL S. KRAff CITY ATTORNEY' Coding: Words in stFuGk thmugli are deletions from existing law; Words in underscored type are additions. AGREEMENT BETWEEN CITY OF TAMARAC AND DR. SCOTT ULIN, M.D., F.A.C.E.P. MEDGUARD SERVICES AS MEDICAL DIRECTOR FOR EMERGENCY MEDICAL_ SERVICES THIS AGREEMENT made this �3'` day of September, 1998, by and between the CITY OF TAMARAC (hereinafter called CITY), a municipal corporation with principal offices located at 7525 NW 881h Avenue, Tamarac Florida and DR. SCOTT ULIN, M.D., F.A.C.E.P., MEDGUARD SERVICES (hereinafter called CONTRACTOR), with principal offices located at 7081 Taft Street, Hollywood, Florida for providing EMS Medical Director Services. WITNESSETH: WHEREAS, the City provides Advanced Life Support (ALS) emergency medical services including transportation; and WHEREAS, Chapter 401, Florida Statutes, and Rule Chapter 64E-2, Florida, Administrative Code, provide the requirements for an agency providing an Emergency Medical Services System which employs or utilizes paramedics to perform Advanced Life Support procedures to hire a Medical Director who is a licensed physician pursuant to Chapter 458, Florida Statutes; and WHEREAS, it is necessary for CITY to hire a Medical Director in order to provide the required services; and WHEREAS, the state of the art of delivery of advanced emergency medical rescue services by paramedics trained to the level of advanced emergency medical techniques (EMT -II) requires intravenous administration of emergency resuscitative drugs and performances of sophisticated technical emergency procedure; and WHEREAS, the administration of drugs and performance of such emergency procedures as endotracheal intubation, intravenous catheterization, electrical defibrillation, and any other invasive emergency procedure may only be performed under the direction of a licensed Florida physician pursuant to Chapter 458, Florida Statutes, relating to Medical Practice; and WHEREAS, CITY wishes to comply with all state statutes and with all rules and regulations of the State of Florida; and WHEREAS, Medguard Services is a professional association which is controlled by Dr. Scott Ulin who is both competent and desirous of providing such services to CITY and can provide a licensed physician(s) in the State of Florida with experience in emergency medicine; NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable considerations, the parties hereby agree as follows: Section 1.0 The above WHEREAS clauses are true and correct and incorporated herein as if set forth thereunder. Section 2.0 Scope of work: 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. Develop and implement an agenda for the provision of current medical direction. 5. Ensure the appropriateness of initial qualifications of pre -hospital personnel involved in patient care. 6. Ensure that the qualifications of pre -hospital personnel involved in patient care are maintained on an ongoing basis through education, testing, and accreditation. 7. Develop and implement an effective Quality Improvement Program for continuous system and patient care improvement. 8. Promote EMS research. 9. Maintain liaison with the medical community including, but not limited to hospitals, emergency departments, physicians, pre -hospital providers and nurses. 10. Interact with state, regional and local EMS authorities to ensure standards, needs and requirements are met and resource allocation is optimized. 11. Arrange for coordination of activities such as mutual aid, disaster planning and management and hazardous materials response. 12. Promulgate public education and information on the prevention of emergencies. 13. Maintain knowledge levels appropriate for an EMS Medical Director through continued education as required in Section 64E-2 Florida Administrative Code. 14. Provide for "off -linen coverage when unavailable. These arrangements will 15. Attend Medical Director/EMS subcommittee meetings. 16. Develop policies and protocols to keep Tamarac Fire -Rescue as a primary provider of out -of -hospital medical care. 17. Have available, radio compatible with Tamarac Fire -Rescue frequencies and communicate directly with Tamarac personnel as needed. In addition the Medical Director Shall: 1. Supervise and accept direct responsibility for the medical performance of the paramedics and Emergency Medical Technician's (EMT's) working for the City of Tamarac. 2. Develop medically correct standing orders or protocols which permit specified ALS and Basic Life Support (BLS) procedures when communication cannot be established with a supervising physician or when any delay in patient care would potentially threaten the life or health of the patient. The Medical Director shall issue standing orders and protocols to the provider to ensure that the provider transports each of its patients to facilities that offer a type and level of care appropriate to the patient's medical condition if available within the service region. The Medical Director or his/her appointee shall provide continuous 24-hour per day, 7 day per week medical direction which shall include, in addition to the development of protocols and standing orders, direction to personnel of the provider as to availability of the Medical Director "off line" service to resolve problems, system conflicts and provide services in an emergency as that term is defined by Section 252.349(2), F.S.S. 3. Develop and implement a patient care quality assurance system to assess the medical performance of paramedics and EMT's. 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 assurance program shall meet all standards required in Section 64E-2 Florida Administrative Code. 4. Create, authorize and ensure adherence to, detailed written operating procedures regarding all aspects of the handling of medications, fluids and controlled substances by the provider. 5. Assume direct responsibility for: The use by an EMT of an automatic or semi -automatic defibrillator; the performance of esophageal intubation by an EMT; and on routine inter -facility transports, the monitoring and maintenance of non -medicated IVs by an EMT. The Medical Director shall ensure that the EMT is trained to perform these procedures; shall establish written protocols for the performance of these procedures; and shall provide written evidence to the department documenting compliance with provisions of this paragraph. 6. Review, and if appropriate, approve a Department of Transportation (DOT) EMT/paramedic refresher course for which the Medical Director is contracted. 7. Ensure that all EMT's and paramedics are trained in the use of the trauma scorecard methodology as provided in Section 64E-2 Florida Administrative Code $. Develop and revise, when necessary, TTP's for submission to the State of Florida for approval. 9. Participate as a crewmember on an EMS vehicle for a minimum of 12 hours per year and complete a minimum of 12 hours per year of continuing medical education related to pre -hospital care or teaching or a combination of both. 10. The Medical Director will be actively involved in the education process to coordinate and oversee the educational program. 11. The Medical Director will regularly attend EMS Advisory Council meetings (minimum if two (2) per year) to provide for the interests of the Tamarac Fire - Rescue Department. 12. The Medical Director will attend quarterly meetings of the EMS supervisory staff as well as meeting on a monthly basis with the EMS staff officers. 2.01 The Tamarac Fire Department will provide administrative liaison to CONTRACTOR through the direction of its Chief and will cooperate to the greatest possible extent in the delivery of competent emergency medical care including implementation of the policies set by CONTRACTOR. Section 3.0 TERM 3.01 This Agreement shall be effective on October 1, 1998 and terminate on September 30, 2001, 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. 3.02 If any party violates or defaults upon any of the terms and conditions of t is Agreement, the aggrieved party shall provide written notice, as contained in Section 15.0 , to the other party of such violation or default and the party shall have fifteen days to correct the violation or default. If the violation or default is not satisfactorily resolved within the timeframe of this Agreement or within thirty (30) days following this Agreement, the aggrieved party may terminate this Agreement. in the event, the Agreement cannot be resolved satisfactorily, CITY agrees to compensate CONTRACTOR for services completed up to and through the termination or extension date of the Agreement and throughout the correction period. Each party shall in good faith attempt to correct any violation or default for completion of the terms of this Agreement. Section 4.0 CONSIDERATION CONTRACTOR shall be paid as follows: 4.01 CONTRACTOR shall be paid a sum of twenty-four thousand dollars annually for a total of seventy-two thousand and 00/100 dollars for the initial three year term of this Agreement. 4.02 For the services provided pursuant to this agreement, CONTRACTOR shall invoice CITY monthly. Payments shall be made within thirty (30) calendar days following the receipt of CONTRACTOR's invoice for services rendered. The invoice shall be submitted to the City of Tamarac Accounting Division, 7525 N.W. 88th Avenue, Tamarac Florida 33321-2401. Section 5.0 INSURANCE 5.01 The following are required types and minimum limits of insurance coverage, which the Contractor agrees to maintain during the term of this contract: ERRORS AND OMISSIONS LIABILITY MINIMUM LIMITS/AGGREQATE $1, 000, 000/$ 2, 000, 000 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. All policies provided should be Occurrence not Claims Made forms. The Contractor's insurance policies shall be endorsed to add the City of Tamarac as an Additional Insured. The Contractor shall be responsible for all deductibles. 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. 5.01 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. 5.02 CITY maintains a self-insurance fund, which provides for liability coverage. CITY is a qualified Self -Insurer as required by Florida Statutes. CITY hereby warrants that such insurance is now, and will be continuously in effect and CITY shall provide proof of same to CONTRACTOR upon request. Section 6.0 INDEMNIFICATION 6.01 CONTRACTOR shall indemnify, defend, save and hold harmless, CITY and all of its officers, agents or employees from all suits, actions, claims, demands, liabilities, of any occurrence of occasion or commission of CONTRACTOR, its agents or employees, while engaged in any work relating directly or indirectly to performance of this Agreement. 6.02 CITY covenants and agrees to indemnify and hold harmless CONTRACTOR from any and all liabilities and obligations arising out of the relationship set forth herein, if such liability shall be as a result of any acts of omissions on the part of CITY or its employees. 6.03 Nothing in this Agreement waives or alters or is intended to waive or alter any of the rights, privileges or immunities afforded to CITY under Florida Statute 768.28 or the common law. - Section 7.0 TRAINING 7.01 It is understood and agreed by the parties hereto that should it be determined that any participant in the paramedic training program, as set forth herein, not have the requisite skills to continue in such paramedic training or to perform services as a paramedic, CONTRACTOR shall immediately notify CITY in writing of the name of such employee and the reason for belief of such participant's lack of skills to serve as a paramedic. Within five (5) calendar days after receipt of CONTRACTOR's notice as to training, CITY shall determine whether participant may continue in such training. However, should CITY fail to notify CONTRACTOR within five (5) calendar days as to the participant's termination from such training, CITY agrees that CONTRACTOR shall not be liable for any injuries directly resulting from the acts of said participant and CONTRACTOR shall be held harmless as set forth in Section 5 of this Agreement. 7.02 Notwithstanding the foregoing, within five (5) calendar days after receipt of CONTRACTOR'S notice with regard to the lack of skills of an acting paramedic (not trainee), CITY shall determine whether the individual paramedic is terminated or in the alternative, relieved from all active duties pending satisfactory completion of additional training. In no event shall a paramedic who has been cited by CONTRACTOR as lacking the adequate skills required of said profession, be permitted to service and ride as an active paramedic unless the person is deemed qualified as determined in the sole discretion of CONTRACTOR. 7.03 The parties hereto acknowledge that all paramedics are performing duties under the license of CONTRACTOR as CITY'S Medical Director and that CONTRACTOR shall, therefore, be granted the final determination regarding the adequacy of skills demonstrated by each paramedic and EMT. Section 8.0 TERMINATION 8,01 CITY shall have the right to terminate this agreement other than specified above only upon the following: (a) That CONTRACTOR has failed to comply with the terms of this agreement; (b) That CONTRACTOR has failed to provide competent services as Medical Director; and, (a) That CONTRACTOR is unable to perform services as provided for herein for some reason not attributable to CITY. p ()� C1`j(%I If ra il'r',' tP r",jr,-fr fk;i -. r~rr r —i;n+ 4 fr,r r,,,, ,f {F..r-4--\rr^ r r ' cr%nc ('17'-/ m+ ,rr"F�F payments shall be made within fifteen (15) days after the termination of this agreement provided that all property belonging to CITY shall be returned prior to release of monies owed to CONTRACTOR. Section 9.0 COMPLIANCE WITH APPLICABLE LAWS 9.01 CONTRACTOR shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida, City of Tamarac and of any other public authority which may be applicable to this Agreement. Section 10.0 INDEPENDENT CONTRACTOR STATUS 10.01 CONTRACTOR and its employees, volunteers and agents shall be and remain independent contractors and not agents or employees of CITY with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking or venture between the parties hereto. Section 11.0 ASSIGNMENT 11.01 CONTRACTOR shall not assign, delegate, transfer or otherwise encumber any rights, obligations, facilities or services provided by or resulting from this Agreement without the written consent of CITY. Section 12.0 SEVERABILITY 12.01 Should any part, term or provision of this Agreement be found by a court of competent jurisdiction to be illegal or in conflict with any law of the State, the validity of the remaining portions or provisions shall not be affected thereby. Section 13.0 VENUE 13.01 Any claim objection or dispute arising out of the terms of this Agreement shall be litigated in the Seventeenth Judicial Circuit in and for Broward County, Florida. Section 14.0 ENTIRE AGREEMENT, NO ORAL MODIFICATION 14.01 This Agreement represents the entire and integrated agreement between CITY and CONTRACTOR, and supersedes all prior negotiations, representations or agreements, whether written or verbal. This Agreement may only be amended by written instruments signed by both CITY, through its Commission, and CONTRACTOR and may include other services only if directly related to the intent and strict scope of this Agreement. The failure of a party to insist on strict performance of any of the terms of this Agreement shall not be construed as a waiver or relinquishment for the future of any term, condition or election but the same shall remain in full force and effect. Section 15.0 NOTICES 15,01 Notices required by this Agreement shall be deemed delivered upon mailing by certified mail, return receipt requested, to the following persons and addresses: rim,. r�:.y . fa7,ager City of Tamarac 7525 N.W. 88th Avenue Tamarac, Florida 33321 COPY TO: City Attorney and Fire Chief CONTRACTOR: Dr. Scott Ulin, M.D., F.A.C.E.P., Medguard Services 7081 Taft Street Hollywood, Florida The Remainder of this Page Left Blank Intentionally IN WITNESS WHEREOF, CITY of Tamarac and Medguard Services and Dr. Scott Ulin, CONTRACTOR, a Florida professional association, have caused these present to be executed in their respective names by the proper officials the day and year first written above. ATTEST: Caro2�T�o ld C AA City Clerk Date: -zo- ATTEST: Corporate Secretary lx.� r lc --A rt,j H �wickb (-'c' Type/Print Name of Corporate Sec. (CORPORATE SEAL) CITY OF TAMARAC, FLORIDA JqOchreiber, Mayor Date: Robert S. Noe, City Manager Date: S 1 Y s to form an¢'legal -Mitdb'ell S. Kraft, QAy Attorney DR. SCOTT ULIN, M.D., F.A.C.E.P. MEDGUARD SERVICES Name & Title z_ Sc (,t/-1/J-f' Type/Print Name of President z9^ 1 Date: , �� ACKNOWLEDGEMENT STATE OF FLORIDA 61v COUNTY OF BROWARD 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. Scott Ulin, M.D., F.A.C.E.P., President of Medguard Services_a Florida Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he executed the same. WITNESS my hand and official seal this LDday of • 1,w ref , 192 NOTARY PUBLIC, State,of Florida at Large (Name of Naz 4y Public: Print, Stamp, or Type as Commissioned) OAF,.- ) Personally known to me or ( -'Produced Identification -Ftib,akan lJr���1�-ns AKCr-NSA: Type of I.D. Produced ( ) DID take an oath, or (-)IAD NOT take an oath. r' +aiw+yti Carol Gold , Notary Public, State of Florida >' Commission No. CC 597328 tir^• My Commission ExP. 12127/2000' -A,1 The jh F1,. Nw%IV Service do r u: l I1 i:s: ! r.�a .slla_ l is f LU7 T YKII:Y �1111:V1L �n�lx��c:tu WJ�,u4 PATE (MMIDOr") AC-0 CERTIFICATE OF LIABILITY INSURANCE!°ems 1 10/10/0 THIS CERTIFICATE IS ISSUED A5 A MATTER OF INFORMATION PRODUCER ONLY AND CONFERS NO KIGHTS UPON THE CERTIFICATE proNational Solutions HOLDER. THIS CERTIFICATE DOES HOT AMEND, EXTEND O 2121 ponce do L@an Blvd., #350 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Coral Gables M 33134 o,,-„o-ROD-482-3090 Fax:305-475-1205 INSURED Scott ulin M.D• 5222 NW 116 Avc' 'oral spring$ r"L 33U76 INSIJRERS AFFORDING COVERAGE INSURER A: Evanston Insurance Co. INSURER B' ,^ INSURER C'. -- INSURER D: ----� INSURER E: OF IN$;JRANCE LISTED BELOW RAVE DEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHS7A.ND1:'4 ANY REQUIREMENT, TERM C1EISTF000NDITION1L OF ANY CONTRACT OK OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, EN INSURANCE AFFORDED BY THE CONTrOLICRACT ❑ESCRIBCD HEREIN IS SUBJECT TO ALL THE YERMS, EXCLUSION$ AND CONOrTIONS OF SUCH POLICIES AGGREGATE LIMITS SMOVYN MAY HAVE BEEN REDUCED 6Y PAID CLAIMS, T EFFE V TION . TYPE OF INSURAI:CE POLICY NUhIaER _ I"UD DAY MMIUD OOOOOO TR "f----• ""r' GENERAL LLAHILJTY COMMERCIAL GENERAL LIABILITY }{ CLAIMS MADE �J, OCCUR;, A X Prof Liabilit •- I SM 607843 GENT, AGGREGATE LIMIT APPLIES PER, POLICY f � JECT LOC _� AUTOMOBILE LIABILJTY ANY AUTO - ALL OWNED AUTOS SCHEDULED A11T09 HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY ANY AUTO I I EXCESS UAMLITY OCCUR y� CLAIMS MADE i DEDUCTIBLE ' WORKERS COMPENSAI IUn nnv EMPLOYERS- LIABILITY OTHER LIMITS EACH OCCURRENCE s 1 FIRE DAMAGE (Any ono III`-) S I MED ExP (Any nne person) $ 10/04/00 10/04/pl PERSONAL & ADV INJURY i OENERALAGGREGATE $ 1000000 PRODUCTS • COMPIOP AGG $ I COMBINED SINGLE LIMIT I S (Ee etuldenl) BODILY INJURY f (Per Derion) BODILY INJURY (Peroeeldenl) b PROPERTY DAMAGE^� IPer eccld'onq AUTO ONLY • EA ACCIDENT S pTHER THAN EA ACC S AUTO ONLY: pGG S EACH OCCURRENCE S AGGREGATE S b S TCIRY LIM17S1 � ER E,L, EACH ACCIDENT -`�I`S` CL. DISEASE . EA EMPLOYEE S I E.L. DISEASE • POLICY LIMIT_-- S DESCRIPTION OF OpERpT10N51I5PUPROVISIONS LE31E7CLIN3 wOYNDbRSEMENTU_ LOCATON6NENCO $5,000 Deductible/Claim; Coverage it; for medical Director admin service9 provided to Lauderhill, Tamarac & LXLUderdale Lakes Fire Rescue Departments and American AnLbul:ince Service; Excludes coverage for services provided on behalf Of Sterling Healthcare and/or FL Meda.cal Ctr.J Excludes coverage for direct patient care; Fetroactiv© Date: 9/30/99 CERTIFICATE HOLDER N ADDITIONAL INSURE❑, INSURER LETTER: FOR YNF For Information YurpOses only CANCFLI�+TIdN SHOUT ❑ ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX DATE THEREOF. THE 15SUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS W NOTICE TO THE CFRTIFiCATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 5C IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENT # EXHIBIT B —r- f_ 1 a 1 _"7 L. Scott Win Emergency Medical Services, Inc. 5222 NW 110 Ave. Phone: 954 341-3352 Coral Springs. FL 33076 e-mail: meddirscon@AOL Fax:954 340-1791 Lynda S. Flurry Purchasing and Contracts Manager 7525 N.W. 88 Avenue Tamarac, Ft. 33321-2401 September 15, 2001 Dear Ms. Flurry: I would like to accept the City of Tamarac's offer to extend my contract as Fire Department Medical Director for 2 more years. I have been honored to be a part of the Fire Department the past 3 years and share in its growth and international recognition. In fact, I have been impressed with the entire administrative staff of the city. I would like to request a raise in my Medical Director's compensation to $28,000.00 per year. In the intervening 3 years my level of involvement and time requirements for medical over sight has increased. In addition, even though I have never had a malpractice suit against me, my malpractice premiums have been escalating due to a new crisis in malpractice coverage in the state of Florida. Last year I absorbed a 50% increase from $6,500.00 per annum to $9,750.00. For the upcoming year my insurer is anticipating another 65% increase in premiums. As of now, all of my other cities have included me under their policies, so the premium would be solely for the city of Tamarac. If the contract extension is not finalized in time, I will continue to serve as the Fire Department's Medical Director in the interim. Again, my initial three years with the city of Tamarac have been very rewarding, and I look forward to continuing my association with Tamarac.. Thank you for your consideration and attention. Sincerely,' rng 0 L. Scott Ulin, M.D. 3 CC: Chief Budzinski r� r EXHIBIT B 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-291 Temp. Reso #9490 Page 1 9/26/01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA; RENEWING AN AGREEMENT WITH L. SCOTT ULIN EMERGENCY MEDICAL SERVICES, INC. FOR MEDICAL DIRECTOR FOR A TWO (2) YEAR TERM, COMMENCING ON OCTOBER 1, 2001 AND EXPIRING SEPTEMBER 30, 2003 AT AN AMOUNT NOT TO EXCEED TWENTY EIGHT THOUSAND DOLLARS ($28,000.00) PER YEAR FOR A TOTAL OF FIFTY SIX THOUSAND DOLLARS ($56,000.00); 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 WHERAS, Florida Administrative Code 64E-2 requires agencies providing ALS services to have a medical director; and WHEREAS, L. Scott Ulin Emergency Medical Services, Inc. dba Medguard Services was awarded the bid through Resolution #98-265 (attached hereto as "Exhibit "A"); and WHEREAS, Resolution #98-265 allows for two (2) additional two (2) year renewals, with this being the first renewal option; and E Temp. Reso #9490 Page 2 9/26/01 WHEREAS, the City has negotiated a renewal with Scott Ulin, M.D. for his services at a sum of twenty eight thousand dollars ($28,000) for fiscal year 2002, and twenty eight thousand dollars ($28,000) for fiscal year 2003, for a total of fifty six thousand dollars ($56,000) for the term of the two year agreement (attached hereto as Exhibit "B"); and WHEREAS, available funds exist in the Fire Rescue Fund for said purpose; and WHEREAS, it is the recommendation of the Fire Chief and Purchasing and Contracts Manager that the agreement be renewed for a two year term; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to renew the agreement with L. Scott Ulin Emergency Medical Services, Inc. for the medical direction and supervision of the Tamarac Fire Rescue emergency medical services at a cost of twenty eight thousand dollars ($28,000) for FY02, and twenty eight thousand dollars ($28,000) for FY03, for a total of fifty six thousand dollars ($56,000) for the term of the two year extension. NOW, THEREFORE, BE IT RESOLVED BY THE CITY 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. Temp. Reso #9490 Page 3 9/26/01 SECTION 2: An extension of the present contract between the City of Tamarac and L. Scott Ulin Emergency Medical Services, Inc. will be entered into for a period of two (2) years for the medical direction and supervision of the Tamarac Fire Rescue emergency medical services at a cost of twenty eight thousand dollars ($28,000) for FY02, and twenty eight thousand dollars ($28,000) for FY03, for a total of fifty six thousand dollars ($56,000) for the term of the two year agreement. SECTION 3: The City Manager or his designee is hereby authorized to approve the renewal between and the City of Tamarac and L. Scott Ulin Emergency Medical Services, Inc. for medical direction services. SECTION 4: That all Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. 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 effect the validity of the remaining portions or applications of this Resolution. 1 1 F1 1 Temp. Reso #9490 Page 4 9/26/01 SFCTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED, AND APPROVED this 10'1' day of October, 2001. ATTEST: MARION S NSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. fTCHELL'5 h CITY ATTOR F RECORD OF COMMISSION VOTE: MAYOR SCHREIBER1_ DIST 1: COMM. PORTNER 6y& DIST 2: COMM. MISHKIN-Aver DIST 3: VIM SULTANOFAyel DIST 4: COMM. ROBERTS�A-yes Temp. Reso. #10179 "EXHIBIT C" Agreement Amendment BETWEEN THE CITY OF TAMARAC AND L. SCOTT ULIN EMERGENCY MEDICAL SERVICES, INC. The CITY OF TAMARAC (hereinafter called the CITY), a municipal corporation with principal offices located at 7525 NW 88th Avenue, Tamarac, Florida and L. Scott Ulin Emergency Medical Services, Inc., f/k/a Medguard Services, (hereinafter called the CONTRACTOR), a Florida Corporation with principal offices located at 5222 NW 110th Avenue, Coral Springs, FL 33076, agree to amend the original Agreement for EMS Medical Director Services dated September 23, 1998 and Renewed on October 5, 2001 as follows: Pursuant to Section 3.0 of the Agreement dated September 23, 1998, the parties agree to exercise the second renewal option for a term of two (2) years. 2. Section 3.01 of the Agreement is amended to read as follows: This Agreement shall be effective on October 1. 1998 October 1, 2003 and terminate on September 302001 September 30, 2005, 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. 3. Section 5.01 Insurance is amended to add the following language: SECTION 5.01 Insurance The CI TY OF TA will maintain Medical Directors'is dut es ats Medi alltDirector Insurance to adequJ a Y ver the CONTRACTOR o — s of the City's F TAMARAC pursuan� t� ction 01 265 Florida Statutes, when said for the CITY O — — CORTRACTOR is acting within theme 1 ��SuF oe da St t tes. The CITY Will Medical Director as_outlined in Section 40—_ e Cit will provide at provide th e Medical Directors' Malpractice Liability InsurCal{ ceTh the �Ity s sole— discretio�ong as it is withi ttenenot cst e by certif ed mail to th Ce ONTRA_CTOR least thirty (30) calendar days should the City ch oose to terminate a� .longer provide Medical DI er ctors' nn-mirkI, I re Liability Insurance for the CONTW_ All other terms and provisions of the original Agreement dated September 23, 1998 initial renewal dated October 5, 2001 remain in effect as written except as and the Init Uent written amendmen modified herein or in a subseq IN WITNESS WHEREOF, the parties have made and executed this Amendment on the respective dates under each signature. CITY OF TAMARAC, through its Mayor and L. SCOTT ULIN EMERGENCY MEDICAL SERVICES, INC., signing by and through L. Scott Ulin, duly authorized to execute same. Marion Swenson, CMC City Clerk Date: b Approved as to form,,and legal sufficiency. Mitchell S. Kraft, City Attorney Corporate Secretary (Corporate Seal) CITY OF TAMARAC In Joe Schreiber, Mayor Date: c; 3 Jeffrey L. Miller, City Manager Date: L. Scott Ulin, Emergency Medical Services, Inc. L Scott Ulin CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA ,-,uu-SS COUNTY OF &O (,JO ((t 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 L. Scott Ulin of Emergency Medical Services, Inc., a Florida 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 ,l 2003. Signature of Notary Public 1.......................... ...... 0..... 6.6000........M... IN DEIAWARE CommWWW / DWI134M Ewkn U3WM Print, Type or Stamp Name of Notary personally known to me or ❑ Produced Identification Type of ID produced �. � ,�. x�..^ ' , r M r�r+� t�«a+rx^+, u 1 yr�a r',:, p, ,k �h&; �'�nri ..�,���'A. �r �!b,(�: i.{h�'!,o' ,�... .,.,.,�.... ,,.. s. �.. ,e.... e�or.m»..i.,rw.,�wn.1,�..,nr,,..