Resolution 93-20995 •
RESOLUTION NO. 93-20995
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A FIRST AMENDMENT TO THE AGREEMENT
BETWEEN CONSOLIDATED MEDICAL SERVICES, INC.
AND THE CITY Off' MIAMI BEACH, FLORIDA,EXTENDING
THE AGREEMENT FOR A PERIOD OF NINETY (90)
DAYS, COMMENCING RETROACTIVELY TO NOVEMBER 30,
1993, AND ENDING ON FEBRUARY 28, 1994.
WHEREAS, On October 1, 1992, the City entered into an
Agreement with Consolidated Medical Services, Inc. , (CMS) to
provide billing and collection services to persons transported on
City rescue vehicles, the Agreement attached and incorporated
herein as Exhibit "A" ; and
WHEREAS, the Agreement expired on November 30, 1993 ; and
WHEREAS, the Administration has recommended that rather
than renew the existing Agreement with CMS, a new Request for
Proposal for the services be prepared and distributed; and
WHEREAS, in order to assure that the services required
under the Agreement continue to be performed in an undisturbed
manner, up to and until the selection of the new proposal and/or
bidder, the Administration further recommends that a First
Amendment to the Agreement be approved, for a period not to exceed
ninety (90) days, the Amendment commencing retroactively to
November 30, 1993 , and ending on February 28, 1994.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and
City Clerk are authorized to execute a First Amendment to the
Agreement between Consolidated Medical Services, Inc. , and the City
of Miami Beach, Florida, extendin. the Agreement for a period of
ninety (90) days, retroactive to ovember 30, 1993, \nd ending on
February 28, 1994.
PASSED AND ADOPTED THIS . 151 DAY OF Decembe i , 993
, )1
AL
MA O:
ATTEST:
.(1Nakkl
CITY CLERK
FORM APPROVED ,
LEGAL DEPT.
a:\rja\cms.res By C2
Date 12"1`�-5 O
CITY' OF N1IAM/. I ' • E EACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. ` 713 4) -3
TO: Mayor Seymour Gelber and DATE: December 15 , 1993
Members of the City Commission
FROM: Roger M. Cart
AC
City Manager
SUBJECT: CONSOLIDATED MEDICAL SERVICES MONTH-TO-MONTH AGREEMENT
TO TAKE EFFECT ON EXPIRATION OF PRESENT YEARLY AGREEMENT
DATED NOVEMBER 30, 1993.
•
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission authorize
the Administration to enter into a month-to-month agreement with
Consolidated Medical Services for the billing and collection of
Emergency Transport Fees until a bid process for these services is
completed.
BACKGROUND
On September 2, 1992, the City Commission approved a 14-month
trial period commencing October 1, 1992, for Consolidated Medical
Services (CMS) to bill and collect service fees for Fire
Department Emergency Transport..
Although the Finance Department had been performing this function
for years, it was decided in 1992 that a private sector company
should be retained to determine if it could be more effective in
the collection process than an internal department. Although
Consolidated Medical Services (CMS) achieved this result, the
original Commission Memorandum #540-92, stipulated that "a bid
process will be undertaken at the end of the period. " .
ANALYSIS
Previous to the agreement with Consolidated Medical Services, the
Finance Department had been able to collect approximately 35% of
the total Fire Rescue transport charges levied, which resulted in
approximately $375,000 annually. An accounts receivable overview
of the last six (6) ' months of the trial period with Consolidated
Medical Services (June - November, 1993, see attached) , revealed
a gross collection rate of 61.4%. This resulted in a revenue of
approximately $433,000 during this period. With no interruption
in billing or any reduction in the number of transports, we feel
that the revenues will continue at this rate and produce
approximately $800, 000 annually. The review of this data from
Consolidated Medical Services (CMS) appears to demonstrate that a
private company is more effective in its billing and collection
services. . Therefore, it seems appropriate that a bid
specification be prepared and the bidding process go into effect
as quickly as possible.
12
AGENDA
ITEM —
—
DATE 2-is- 3
•
Commission Memorandum Page 2 December 15, 1993
CONCLUSION
It is recommended that the City Commission authorize the City
Manager to enter into a month-to-month agreement with Consolidated
Medical Services (CMS) to be effective from December 1, 1993, and
continue until the bidding process is completed.
Attachment(s) 1
RMC\BD
•
F 1\CamMemo.CMS
1.3
.14
CITY OF MIAMI BEACH EM SERVICES • M028 12/09/93 4 '4
ACCOUNTS RECEIVABLE OVERVIEW As of Month End Nov 93
-=C-HARGE5-4-PAYMENTS Nov 92 Nov 93 Oct-93 Sep 93---Aug 93 .Iu-l-93 Jun--93 TOT-AL AVERACE
• .. Transports 494 829 535 408 578 596 564 3,510 585
Chg 209.51 204.40 201 .96 206.86 203.46 2-03.19 --208.69 204-,-61
Average 0/Trans 211 .22 204.40 202.34 207.37 203.46 203.53 209.43 204.94
TOTAL CHARGES 103,500 169,450 108-050 84,4. 0 -1-17,600 121 , 100 117,700 718,300 119,717
LESS:
Medicaid Dis 0 8,612 3,661 3,359 4,557 4,254 2, 191 26,634 4,439
Medicare Di-s 0 2241-27 13r632 17,741 1-8--SC3 21,641 19,156 112,820 18,803 .
. .. W/C Disallowance 0 0 0 .0 100 0 0 100 17
HMO/PPO Dis O 451 178 359 49 155 51 j ,243 207
--HoiwFeas nd#-0ent 0 10, 195 5, 139 -3,664, . 6,755 1 , 154 650 27,55S 4,593 -
Champus Dis 0 11 11 11 0 0 0 33 6
City Employees - 150 4,216 124 1 ,515 260 323 130 6,320 1 ,053
ransport-Ads . 0 150 0 400 250 0- 0 800 133
Small Bal Adj 0 - 8 304 32 33 20 23 420 70
Credit Trans Adj 0 250 0 - 30 242 0 0 522 87
Mod A Dis 0 0 0 0 0 4 0 0 . 0 .
Medicaid A Dis 0 0 0 0 0 0 0 . 0 0
-NE-T--GHARCES - 103,350 123,430 857249 57T28-7 86,831 . 93T557 95,499 541 ,853 90,309
PAYMENTS 75 89,585 53,893 71 ,706 76,314 87,481 61 ,713 440,692 73,448
-LESS
� i Refunds 0 1 ,049 0 1 ,051 1 ,028 1 ,821 2,409 7,358 1 ,226
:s::s:m: s:sms====:
•
-NET--PAYMENTS 75 88,536 53T893--7-0--655 75--286---85-,-66 0 -59-,-304 433,334 72,222 -
PCT. OF COLL • YEAR TO DATE
"I Gross Coll X 0.1X 52.9% 49.9% 85.0% 64.9X 72.2% 52.4% 61 .4% 61 .4%
3
1 Net Coll X 0.1% 71 .7% 63.2% 123.3% 86.7% 91 .6% 62.1% 80.0% 80.0X
•
CURRENT A/R • AVG----
--Tot-a-I -A/8 2-04-,575 51-,r246 586,-332--- 580,326-----598r492"�--596-r1-1-6----S95T382 577,982
u/0 to Collection 0 68,714 36, 044 35,318 9,415 7, 080 2,200 t58,771 26,462
Bad Debt X of Chg 0.0% 40 .6% 33.4% 41 .8% 8.0% 5.8% 1 .9% 22.1% 22.1%
�• ---- -5--- .
t.
FIRST AMENDMENT TO AGREEMENT BETWEEN
CONSOLIDATED MEDICAL SERVICES, INC. AND
THE CITY OF MIAMI BEACH, FLORIDA
This First Amendment to the Agreement between Consolidated
Medical Services, Inc. (CMS) and the City of Miami Beach, Florida,
(CITY) made and entered into this 15 day of December, 1993.
WITNESSETH:
WHEREAS, On October 1, 1992 , the City entered into an
Agreement with CMS to provide billing and collection services for
persons transported on City rescue vehicles; and
WHEREAS, this Agreement expired on November 30, 1993 .
NOW, THEREFORE in consideration of the mutual covenants
contained herein, - and other good and valuable consideration, the
receipt of which is hereby acknowledged, the parties hereby agree
as follows:
1. Paragraph 18 of the Agreement is hereby amended to read
as follows:
18 . This agreement will expire on February 28, 1994.
2 . Paragraph 21 is hereby added as follows:
21. Any controversy or claim for money damages arising
out of or relating to this Agreement, or the breach
hereof, shall be settled by arbitration in accordance
with the Commercial Arbitration Rules of the American
Arbitration Association, and the arbitration award shall
be final and binding upon the parties hereto and subject
to no appeal, and shall deal with the question of the
costs of arbitration and all matters related thereto.. In
w •
that regard, the parties shall mutually select three
arbitrators, but to the extent the parties cannot agree
upon three arbitrators, then each party and the American
Arbitration Association shall appoint one. Judgment upon
the award rendered may be entered by any court having
jurisdiction, or application may be made to such court
for an order of enforcement. Any controversy or claim
other than a controversy or claim for money damages
arising out of or relating to this Agreement, or the
breach hereof, including any controversy or claim
relating to the right to specific performance, shall be
settled by litigation and not arbitration.
3 . Paragraph 22 is hereby added as follows:
22. The City desires to enter into this Agreement only
if in so doing City can place a limit on its liability
for any cause of action for money damages due to an
alleged breach by City of this Agreement, so that its
liability for any such breach never exceeds the sum of
$1, 000. CMS hereby expresses its willingness to enter
into this Agreement with a $1, 000 limitation on recovery
for any damage action for breach of contract.
Accordingly, CMS hereby agrees that City shall not be
liable to CMS for damages in an amount in excess of
$1,000 for any action occurring from breach of contract
arising out of the performance or non performance of any
2
1
application imposed upon the City by this Agreement.
Nothing contained in this paragraph or elsewhere in this
Agreement is in any way intended to be a waiver of the
limitations placed upon City's liability as set forth in
Florida Statute, Section 768 .28.
4. The parties hereby ratify and confirm all of the terms
and conditions of the Agreement which remain unchanged.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be signed by their respective duly authorized officer,
and the respective corporate seals to be affixed this , W. day of
January, ;, 199 4.
Cii of Miami Beac
ity Clerk ayor
Attest:
Consolidated edical Services:
� ��L ,zp/p tJ
cretary y 'resident
O
a:\rja\cms.fam
FORM APPROVED
LEGAL DEPT.
By
Date /2-i4-13
3