Consolidated Medical Services~, .. DEC 17 '9~
AGREEMENT BETWEF2q
CONSOLIDATED M~DICAL SERVICES, INC. AND
~ CITY OF MIAMI B~CH, FLORIDA
This agreement h made and entered into on the first day of October, 1992, by and
b~tween the City of Miami Beach, a munidpal corporation of the State of Florida,
hereinafter refereed to as the "City", and Consolidated Medical Services, Inc.. a Florida
corporation, hereinafter refereed to as "CMS",
Whereas, the City provides ground ~rar~portafion to private individuah to local
hospitah in City rescue vehicles, and;
Whereas, the City charges a fee to the individual provided the transportation service,
and;
Whereas, CMS has a/reed to provide collection services on a trial basis for the City,
NOW, THEREFORE, for and in consideration of the premises and mutual
covenants herein contained, the parties hereto agree as follows:
The City will provide CMS with the names, addresses and amounts for billing
for each pers6n~ransported by a rescue vehicle. These documents will be
picked up by an authorized representative of CMS twice a week.
Within five ($) buiiness days of receiving the aforementioned documents from
the City, CMS shall initiate and w~il to the transported individual an
appropriate invoice for the sera, ices provided.
CMS a~rees to generate and mail additional invoices to the individual should
the original invoice remain unpaid. The frequency of the additional invoices
may be determined, in part, by the payment type anticipated !self. pay,.
commercial insurance, medicare, medicaid or worker's compensatmn) and
such schedule will be agreed between the parties.
The form and content of the invoices to be mailed by CMS must be approved
by the City fire department and are incorporated into this document by
reference.
CMS agrees to generate and marl payment forms ~o third patty'payers when
appropriate. It is understood that it may be necessary for CMS to solicit
additional information beyond that provided in the documen? provided CMS
by the City for such third party invoices. CMS agrees to sollat such additional
information from the individuals and/or health care provider.
CMS asrees to abide by the terms of the lockbox agreem6nt entered /nt0
between the City and Barnett Bank. It is agreed that all collections for
services provided by the City and billed by CMS for transport shall be
deposited within two days into thc lockbox by CMS or the City.
DEC 17 '9~ 11:30 COHSULAB
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CMS agrees to rnalnt.~.i~ as confidential all medical and other patient
information and to otherwise conform with state and local laws related to the
confidentiality of patient information.
CMS shall indemnify and hold thc City harmless from any and all claims,
liability, losses and causes of action which may arise out of the fulfillment of
th/s agreement. CMS shall pay all claims and losses of any nature whatever
in conjunction herewith, and ~hall defend all suits, in the n~e of the City
when applicable, and shall pay all costs and judgments which may issue
thereon.
CMS agrees to abide b~ the Federal Debt Collections Practices Law and all
similar State of Florida laws and rules,
CMS agrees that it will not discriminate as tn race, color, national origin,
reliiion, sex, sexual orientation, handicap, marital status, familial status or age
/n connection with its performance under this agreement.
CMS and its employees and a~ents shall be deemed to be independem
contractors, and not agents or employees of the City and shall not inure to
any rights or benefits granted employees of the City.
For providing services under this agreement, CMS shall receive a fee of one
dollar ($1) for each and every account sent to CMS by the City. Additio~!!y,
CMS shall receive a collection fee of eight percent (8%) of the amount
collected on the accounts sent to them on a current basis by the City. The
City shall, at the start of this agreement, ~urn over to CMS all of its
outstanding accounts and CMS shall receive a fee on the collection of these
accounts which wli! vary with the period th.at the account has been outstandin4~.
based on thc semcc date at the ti~e it is sent to CMS for collection. For
accounts from one to sixty days (1 to 50) outstanding the fee will be fifteen-
percent (1~%) of collections, for accounts sixty-one to ninety (51 ~o 90) days
outstandtn$ the fee will be twenty percem (20%) of collections, and for
accounts over ninety days outstanding the fee will be twenty-five percent
(25%) of collections.
CMS shall bill the City rnontltly for services rendered under this agreement.
Such billings shall be rendered as of the end of the month and contain billings
for all services provided during the prior month by CMS for the C/ty. These
bills shall be directed to the City's l~ire Department for review prior to
payment.
CMS agrees not to assign, transfer, or' otherwise dispose of this agreement,
or any of all of its right, title, or interest therein, to any person, company, or
corporation, without the written consent of the City.
.. .., DEC 17 "9~ 11:31COMSUL~B ,
15.
CMS a~rees that, in case of a default of this agreement, the City may procure
the required services from another source and charge CMS as liquidated
damages any excess costs occasioned thereby ff CMS is unable to remedy the
default within five days of the notice of default.
15.
The City agrees that during the term of this agreement, no other bi!li~$
service will be employed to bill for Fire Rescue Transportation, nor w/il the
City's Fire Department do any direct billings for same.
17.
The City may at its sole discretion, terminate this agreement upon ninety (90)
days written notice to CMS. Upon the expira~/on or termination of this
agreement with or without cause, CMS shall provide all reaSonable assistance
to the City and shall use its best efforts to return to the City in an orderly and
expeditious manner, but in no event later than thirty (30) days after the date
of term/nation, ali data, records, documents, reports, information and other
property belonging to the City in a form usable by the City.
18.
TMs agreement w/il expire on November 30, 1993 and may be extended for
up to two additional one year periods by mutual agreement at the same rates
and conditions,
19.
The City reserves the right to audit the records of CMS,.a,t its own expense
at ~my time during the term of this agreement and additionally for six (6)
months after the expiration of this agreement.
20.
This instrument constitutes the total agreement between the parties and any
dispute between the parties shall be governed under the laws of the State of
Florida.
IN WITNBSS THBREOF, the parties hereto have ceused this instrumem to be
executed by the respective officials thereunto duly authorized.
City Clerk
Secretary
City of Miata/Beach:
City Manager
CONSENT AGENDA - SEPTEMBER ~. 1992
~-5. CITY MANAOER REPORTS
COMMISSION MEMORANDUM NO. 540-92
FIRE RESCUE EMERGENCY TRANSPORT SERVICE FEE COLLECTION SERVICE.
ADMINISTRATION RECOMMENDATION: THAT THE CITY COMMISSION AUTHORIZE THE ADMINISTRATION
TO ENTER INTO A ONE-YEARTRIALCONTRACT (COMMENCING OCTOBER 1, 1992) WITH CONSOLIDATED
MEDICAL SERVICES, WITH PERFORMANCE/COST EVALUATED DURING THAT PERIOD, AND BID PROCESS
UNDERTAKEN THEREAFTER.
~CTION; Administration's recommendatfon approved.
(Vote: 7-0.)
Also see related 1rems R-7C and R-7I.
COMMISSION MEMORANDUM NO. 502-92
FILE REFERENCE NO. 74-90/91, MECHANICAL MAINTENANCE FACILITY ENVIRONMENTAL TESTING
SERVICES. (AFTER THE FACT)
CHANGE ORDER NO. 2 - ADDITIONAL SERVICES (EXPANDED CONTAMINATION ASSESSMENT AND
CONTAMINATION ASSESSMENT REPORT (CAR) ADDENDUM) AS REQUIRED BY DERM.
AMOUNT OF INCREASE: $11,415
FUNDING SOURCE: MECHANICAL MAINTENANCE BUDGETED ACCOUNT.
ADMINISTRATION RECOMMENDATION: THAT THE CITY COMMISSION RATIEY THIS CHANGE ORDER
(APPROVED BY THE CITY MANAGER DURING RECESS OF CITY COMMISSION, IN ACCORDANCE WITH
COMMISSION MEMORANDUM 451-92), INCREASING THE CONTRACT WITH WINGERTER ENVIRONMENTAL
INC., FROM $47,835 TO $59,250 FOR WORK AT THIS SITE.
ACTION: Approved.
(Vote: 7-0.)
COMMISSION MEMORANDUM NO. 503-92
BID AWARD NO. 126~90/91 - MODIFICATIONS TO CITY HALL AUTOMATICFIRE SPRINKLER SYSTEM.
(AFTER THE FACT)
CHANGE ORDER NO. 1 - ADDITIONAL DESIGN/LABOR/MATERIALS REQUIRED TO PLUG
OFF/ADD/RELOCATE 67 FIRE SPRINKLERS NOT PROVIDED FOR ON ORIGINAL CONTRACT DOCUMENTS.
AMOUNT OF INCREASE: $6,365
FUNDING SOURCE: WORK ORDER 2609
ADMINISTRATION RECOMMENDATION: THAT THE CITY COMMISSION RATIFY THIS CHANGE ORDER
(APPROVED BY THE CITY MANAGER DURING RECESS OF CITY COMMISSION, IN ACCORDANCE WITH
COMMISSION MEMORANDUM NO. 451-92),' INCREASING CONTRACT WITH GRINNEL FIRE PROTECTION
SYSTEMS COMPANY, FROM $9,966 (INFORMAL AWARD) TO $16,331.
ACTION: Approved. (Vote: 7-0.)
END OF CONSENT AGENDA
ACTION SUMMARY
SEPTEMBER 2, 1992
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