HomeMy WebLinkAboutCity of Tamarac Resolution R-89-245Temp. Reso. #5562
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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
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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
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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.
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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
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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
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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
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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
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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
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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.
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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
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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 )
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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
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C'v of V-5-
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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
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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
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DTHAU
AEGENCY MURANM
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