HomeMy WebLinkAboutCity of Tamarac Resolution R-87-377on
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Temp. Reso. #3
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R--87-�7
A RESOLUTION APPROVING AND AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE AN
AMENDMENT TO AGREEMENT SO AS TO RENEW AND
AMEND AN EXISTING AGREEMENT BETWEEN THE
CITY OF TAMARAC AND MEDICS AMBULANCE
SERVICE, PERTAINING TO AMBULANCE SERVICE;
AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
TAMARAC, FLORIDA;
SECTION 1 That the City Council of the City of
Tamarac hereby approves an Amendment to an existing Agreement
between the City of Tamarac and Medics Ambulance Service
dated December 10, 1986, pertaining to ambulance service. A
copy of the Amendment to Agreement is attached hereto and
made a part hereof as Exhibit "A";
SECTION 2 That the appropriate City officials are
hereby authorized to execute the Amendment to Agreement.
SECTION 3 : This Resolution shall become effective
immediately upon its passage.
PASSED, ADOPTED AND APPROVED this/d this/.2of^�, 1987.
ATTEST:
CAROL E. BARBUTO
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as
to form.
RICHARD L. DOOD
CITY ATTORNEY
BERNAR HA
MAYOR
MAYOR: HART
DIST. 1: C/M ROHR DIST. 2: 2: C/M STEIZER
DIST. 3: C/M HOFFMAN
DIST. 4: V/M STEIN �.
'' ,5c. g 7- 377 ,,
AgREEMENT
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:
BECQN 1- DBEINITION, :
(a) Am -u2. ngr. Call: Any call for ambulance
service received or placed through the 11911 System"
excluding "Baker Act" emergencies, 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
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
2. Florida Medical Center
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3. Northwest Regional
(c) Cit,izens of ,Tamarac: All residents of the City of
Tamarac, including residents of any nursing homes
located in the City of Tamarac.
(d) seditious Service: A response time consistent
with County standards.
APPLICABLE 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.
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.
USJjDR _A M ICES: CONTRACTOR shall provide the
following:
(a) Zmegaency Ambulanc_eSeryice. Emergency ambulance
service to all citizens of the CITY from any point
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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, except as may be set forth
herein.
(b) Ge-uaphic Limits: The corporate limits of the
City of Tamarac.
(c) 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.
�,MQR--5. QQLITRaCT TERM AND PAYMENT: This Contract
shall be for a period of eleven (11) months starting on the
lst day of January, 1987 and ending on the 30th day of
November, 1987. CITY shall provide payment to contractor for
the eleven month period in the amount of $88,000.00. Payment
shall consist of the CITY transferring title to two vehicles,
more particularly described in Exhibit "A", attached hereto
and made a part hereof, to CONTRACTOR. If, for any reason,
this Contract shall terminate prior to the 30th day of
November, 1987, CONTRACTOR shall reimburse CITY the pro rated
amount of the $88,000.00 (or the market valuation) on a per
day basis from the day of termination to the 30th day of
November, 1987.
The CITY shall have the option of renewing this
Contract with the CONTRACTOR for a period of ten (10) months
commencing on the first day of December, 1987. The payment
for the ten (10) month option period option period shall be
. $84,000.00 payable on a monthly basis. If the CITY
determines that the CONTRACTOR should be granted the option
period of ten (10) months, commencing on December 1, 1987, it
shall adopt a Resolution approving the Contract terms and
amount of $84,000.00 as set forth herein.
-3-
The CITY shall have an option of granting an additional
twelve (12) month extension of the Contract to CONTRACTOR
commencing on October 11 1988 and ending on September 30,
1989 for the Contract sum of $105,840.00, payable on a
monthly basis.
If the CITY determines that the CONTRACTOR should be
• granted the option period of twelve (12) months, commencing
on October 1, 1988, it shall adopt a Resolution approving the
Contract terms and amount of $105,840.00 as set forth herein.
,SECTION 6 . -RFIEDDUEMENT
(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 140,000.00;
hereafter any insurance benefit payments in excess
of $140,000.00 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
-4-
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.
$ETION__10 IMDEANCE: 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.
BUESTIDIL--ff OLD HABUESS AND IND M T-TON:
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
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.
15MID 9. DAN—D.-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, response time, the
location of origination (point of pack -up) and conclusion
(point of patient delivery) with respect to such service
Calls, the number of calls which terminated before actual
pick-up service was provided. 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.
B CTION 10 . RL9DL.UT_1ON 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.
A
18
-SECTION-11. jjiBUS" 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 Florida Statutes 401 and by the Emergency
Medical Service (EMS) Division of Broward County.
$ECTI,OP_. 12. 43 VERSHIP AND_ 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
5811 N.W. 88th Avenue
Tamarac, Florida 33321
MEDICS AMBULANCE SERVICE
1776 E. Sunrise Boulevard
Ft. Lauderdale, Fla. 33304
SECTQ�]. This Agreement shall commence on the 1st
day of January, 1987, and shall end on the 30th day of
November, 1987, unless otherwise terminated hereunder.
TERMINA=: 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.
SECTIO1-. ASEI NMEN_TS: This Agreement shall not be
assigned by CONTRACTOR without first obtaining written
approval from CITY pursuant to Council action at a formal
meeting.
=IQN- 16. AMENDMENTS: This Agreement shall be
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9 7- 3 77 6
amended only by the proper execution of a written document of
equal dignity hereto previously approved by both parties.
5Z.CT,jQN 17. VENUE: In connection with any litigation
arising hereunder, venue shall be set in Broward County,
Florida.
DEFAU-LT: 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:
AT
LARRY PERRETTI
Acting City Clerk
Approved as to form:
A. BRYNT ARPLEGATE
City Attorney
Witnesses:
e J
CITY OF TAMARAC
BERNARD `HART, MAYOR
This day of 1916
By L.
JOHN KELLY, T MANAGER
This Z6 day of �—r 1916
MEDICS AMBULANCE SERVICE
By� 413114 r4.1. z p e&j r oule�
This I - day of 19LC'
( SEAL)
Mc
` ' Fc- s o . S' 7 -3 77''
STATE OF FLORIDA )
) ss..
COUNTY OF BROWARD )
I HEREBY CERTIFY that on this _L__�____ day of
198 /, before me personally appeared BERNARD HART, JOHN KELLY,
LARRY PERRETTI, Mayor, City Manager and Acting 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 �?���CI- , in
the State and County aforesaid this %� day ofC�.-19
Notary Public, State of
Florida -at -Large
My Commission Expires:
NOTRRY PUBLIC STATE OF FLORIDA
STATE OF FLORIDA ) Py CONX-55I014 EXP SEPT 17,1990
s s B7fiLE0 THRU GENERAL INS. UNO.
COUNTY OF BROWARD ) A
I HEREBY CERTIFY that on this .- -I---_._ day of
19,, 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 �. in
the State and County aforesaid this day of ,
19(;
Nlotary Public, State of
Forida-at-Large
My Commission Expires:
NOTARY PUBLIC. STATE OF FLORIDA AT LARGE
&1y COMMISSION EXPIRES NOV. 6.1W
BONDED THAOUQH UU:i0$KMA8HTON,INC.
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AMENDMENT TO AN EXISTING
AGREEMENT DATED
DECEMBER 10, 1986 BETWEEN
THE CITY OF TAMARAC AND
MEDICS AMBULANCE SERVICE
THIS IS AN AMENDMENT TO AN EXISTING AGREEMENT between the
City of Tamarac, Florida, a Municipal Corporation organized and
existing under the laws of the State of Florida, its successors
and assigns (hereinafter referred to as "CITY"), through its
City Council and Medics Ambulance Service, a Florida Corporation
(hereinafter referred to as "CONTRACTOR"), its successors and
assigns.
W I T N E S S E T H:
WHEREAS, on December 10, 1986 the CITY and CONTRACTOR
entered into an Agreement to provide ambulance service on a
contract basis to the citizenry of the City (hereinafter
referred to as "Agreement", a copy of which is attached hereto
as Exhibit "A"); and
WHEREAS, Section 4 of the subject Agreement provides that
the CONTRACTOR shall provide emergency ambulance service to all
citizens of the CITY; and
WHEREAS, the CITY and CONTRACTOR wish to amend Section
4(a) of the subject Agreement to provide that emergency
ambulance service will be extended to the CITY'S employees in
addition to the existing service for the CITY'S citizens; and
WHEREAS, Section 5 of the subject Agreement provides that
the CITY shall have the option of renewing the existing contract
for a period of ten (10) months commencing on the 1st day of
December, 1987; and
WHEREAS, the CITY wishes to exercise this option so as to
renew the existing Agreement for a period of ten (10) months
commencing on the 1st day of December, 1987;
NOW, THEREFORE, in consideration of the mutual terms,
conditions, promises, and payments hereinafter set forth, CITY
and CONTRACTOR agree as follows:
1. That Section 4(a) of the existing Agreement dated
December 10, 1986 between the CITY and CONTRACTOR for ambulance
service is hereby amended as follows:
SECTION 4 Services CONTRACTOR shall
provide the following:
: 9
Emergency Ambulance Service Emergency
a Ern,g .,
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
defined hospitals in Broward County, without
cost to such citizens or em to ees except
as may be set forth herein.
2. That the renewal option outlined in Section 5 of the •
Agreement between the CITY and CONTRACTOR dated December 10,
1986 is hereby exercised by the parties.
3. That pursuant to Paragraph 5 of the Agreement the
Agreement shall be renewed for a period of ten (10) months
starting on the 1st day of December, 1987 and ending on the
30th day of September, 1988. The payment for the ten (10)
month option period shall be Eighty -Four Thousand ($84,000.00)
Dollars payable on a monthly basis.
4. That Section 13 of the existing Agreement dated
December 10, 1986 between the CITY and CONTRACTOR for
ambulance service is hereby amended to read as follows:
SECTION 13 : This Agreement shall
commence on the 1st day of December,
1987 and shall end on the 30th day
of September, 1988 , unless otherwise
terminated hereunder.
<<�5� k7--3 77
5. All other provisions of the existing Agreement
between the CITY and CONTRACTOR shall remain in full force
and effect.
6. This Amendment to Agreement shall become effective
on the date of execution by the CITY.
El
IN WITNESS WHEREOF, the parties hereto have made and
executed this Amendment to Agreement on the respective dates
under each signature: City of Tamarac through its Mayor
authorized to executed same by Council action on the Z12--
day of , 1987 and Medics Ambulance Service, a
Florida corporation signing by and through its President,
duly authorized to execute same.
Witnesses:
r �
U
ATTEST:
CAROL E. B RBUTO
CITY CLERK
Approved as to form:
� LAG
RICHARD DOODY
CITY ATTORNEY
0
B:
B;
This J,2- day of 212�1 1987
MEDICS AMBULANCE SERVICE, INC.
By �4katJ > p'tfsp .
MALCOLM COHEN, PRESIDENT
This da of NoyPrn b-0✓ 987
J
Notary Public, State of Florida ( SEAL
My Commission Expires April 19, 1999 %
Bonded Thru Troy Fain • Insurance, hx1 /
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