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HomeMy WebLinkAboutCity of Tamarac Resolution R-89-245Temp. Reso. #5562 I I I ra 3 4 5 6 7 8 �m Sim 11 12 13 14 15 16 17 18 19 2C Was 22 23 24 25 26 1 27 28 29 3C 31 3 :§ 33 1 34 1 35 CITY OF TAMARAC, FLORIDA RESOLUTION, NO. R-89- A RESOLUTION APPROVING AND AUTHORIZING THE APPRO- PRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF TAMARAC AND MEDICS AMBULANCE SERVICE PERTAINING TO AMBULANCE SERVICE WITHIN THE CITY; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: Appropriate City officials are hereby author- ized to execute an Agreement with Medics Ambulance Service per- taining to ambulance service within the City. A copy of the Agreement is attached hereto and made a part hereof as "Exhibit "A" SECTION 2: This Resolution shall become effective imme- diately upon its passage. PASSED, ADOPTED AND APPROVED this day of.`v.�. 1989. ATTEST: N RMAN ABRAMOWI Z r fir' MAYOR AROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. , l RICHARD DOODY CITY ATTORNEY Lj 6KORO Or CW84 VOTE MAYOR _ ABnaar� �wVITZ DISTRICT 1: C/M ROHR1 DISTRICT 2: C/M STELZER DISTRICT 3: C/M HOFFMAN DISTRICT 4: V/M BENDER- 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) EmerRency Ambulance Call: Any call for ambulance I service received or placed through the "911 System" in Broward County or pursuant to the request of a public safety agency (through the 911 system) in an emergency situation or as otherwise provided by the -1- rules and regulations promulgated under Chapter 3 1/2 of the Broward County Code, as the same may be amended from time to time. (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) Expeditious Service: A response time consistent with County standards. SECTION 2. COMPLIANCE WITH APPLICABLE LAWS: CONTRACTOR 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. 2- C� i C� ESN A It e8gav5 l 11 L� 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: following: CONTRACTOR shall provide the (a) Emergency Ambulance Service. Emergency ambulance service for all citizens, houseguests of citizens where such houseguests' legal residence is outside of Broward County, and employees of the CITY, from any point within the City limits of the City of Tamarac, Broward County, Florida, to any of the above defined hospitals in Broward County, without cost to such citizens, houseguests or employees, except as may be set forth herein. Any Tamarac resident, Tamarac houseguest whose legal residence is outside of Broward County, or City of Tamarac employee 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 $120.00 payable at the time of service. To -3- be eligible for transference to another hospital, the patient must not have been admitted to the hospital and must be taken out of the emergency room, not off a hospital floor. (b) Geographic Limits: The corporate limits of the is City of Tamarac. (c) Expeditious and Non-discriminato 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 twenty-four (24) months starting on the 1st day of October, 1989 and ending on the 30th day of September 1991. CITY shall provide monthly payments to con- tractor in an amount of one (1) payment at $8,326 and eleven (11) payments at $8,334 for the twelve (12) month 1989/1990 Fiscal Year period for a total contract amount of $100,000 for Fiscal Year 1989/90 and one (1) payment at $8,326 and eleven (11) payments at $8,334 for the Fiscal Year 1990/91 for a total contract amount for Fiscal Year 1990/1991 of $100,000. The parties agree that if during the term of this contract the Broward County Board of County commissioners authorizes an increase or decrease in the basic service rate charged by Medics Ambulance Service, than the contract amount specified in this paragraph shall be increased or decreased at a corresponding percentage rate effective no sooner than October 1, 1990. The monthly payment rate shall also be -4- GXy'• prorated so as to reflect the new contract amount. However the parties expressly agree, that even if the Broward County Board of County Commissioners approve an increase in the basic service rate that exceeds seven (7%) percent, that the corresponding contract amount permitted by this agreement shall not exceed a cap of seven (7%) percent during the term of this contract. SECTION 6. REIMBURSEMENT AND ADJUSTMENT: (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 :9•'C off X o )q " R-Sq 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 current annual term. (c) Notwithstanding anything to the contrary contained herein, and particularly nothwithstanding the ninety (90) day cutoff date for accounting purposes 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 W'0 0 �J %' rxl- f /1 R-?j,;W5` 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. SECTION 8. HOLD HARMLESS AND INDEMNIFICATION: CONTRACTOR shall hold CITY harmless from and indemnify CITY 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 the 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 arm 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 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. ZZ J 11 I E)( 'q - A " R k�s 0 • CITY OF TAMARAC MEDICS AMBULANCE SERVICE 7525 N.W. 88th Avenue 1776 E. Sunrise Boulevard Tamarac, Florida 33321 Ft. Lauderdale, Fla. 33304 SECTION 13. This Agreement shall commence on the 1st day of October 1, 1989, and shall end on the 30th day of September, 1991, unless otherwise terminated hereunder. SECTION 14. TERMINATION: Either party hereto may 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 Qz respective signatures. Witnesses: ATTEST: CAROL A. EVANS City Clerk Approved as to form: r _ RICHARD L. DOODY City Attorney CITY OF TAMARAC NORMAN ABRAMOWITZ, MAYO' This daY of �� 19�y UJOHN KBL0 CITY AGER This -La/day of 0' i 3 19'�'% W' nesse : MEDICS AMBULANCE SERVICE 40 U..l. ( By PRESIDENT ^� (� �,�,�(_- This �_ day of 1.9 LI (SEAL) STATE OF FLORIDA ) ) ss.. COUNTY OF BROWARD ) `, x- /- I HEREBY CERTIFY that on this J 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 -10- R- g?- ;� C'v of V-5- �J Tamarac. WITNESS my hand and official seal at �` =� in the State and County aforesaid this day of �C'r�Y4, 19. Notary Public, State of - Florida -at -Large My Commission Expires: 'ONARN?Jft#j "A4VVF01CM0A 060T'ccouss:0*3-all SfM"I?. I')9� WGIMMOISMiRskAt, JMj 0CI STATE OF FLORIDA ) ) ss.: COUNTY OF BROWARD ) I HEREBY CERTIFY that on this day of �[r 19-i1, before me personally appeared /jii�;�c%.n � L� ��1 , 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 Sys Cu�y/i��t_ �r, in �a the State and County aforesaid this day of 19.E%. My Commission Expires: 'medics.agrmnt'-MD Notary ublic, State of F1ori a--at-Large ALAN J. SKAVRONECK n)• Stj,MstC,a, of Florida 5rA&3 DTHAU AEGENCY MURANM 01ac