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R92-215 II RESOLUTION NO. R92-~~- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A MEDICAL TRANSPORTATION BILLING SERVICES AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND ADVANCED DA~A PROCESSING, INC. , TO PROVIDE FOR BILLING SERVICES FOR EMERGENCY RESCUE TRANSPORTATION; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interests of the citizens and residents of the City of Boynton Beach, Florida, to enter into an Agreement with Advanced Data Processing, Inc., providing for billing services for emergency transportation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute an Agreement between the City of Boynton Beach, Florida and Advanced Data Processing, Inc., which agreement is attached hereto as Exhibit "A". Section 2. upon passage. This Resolution shall take effect immediately PASSED AND ADOPTED this 6"" day of ...:J;iA/uA~ v , /99a. BOYNTON BEACH, FLORIDA Ma ATTEST: ~~c:n_~/4J : Ci Clerk . !: ( Corpora te Sea 1 ) " , { \ ., 'i Authsig.doc ALS.AGR 12/4/92 ~ESc. R9;z-.2/5 MEDICAL TRANSPORTATION BILLING SERVICES AGREEMENT THIS AGREEMENT, made and entered into this /~ day of ~~~~~~~ , 199J7, by and between the CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation of the State of Florida, (hereinafter referred to as "CITY") and ADVANCED DATA PROCESSING, INC., a Florida Corporation, 520 N.W. 165th Street Road, Suite 201, Miami, FL 33269, (hereinafter referred to as "ADVANCED" ) WIT N E SSE T H: For and in consideration of the mutual covenants and promises as hereinafter set forth, the parties hereto do hereby agree as follows: 1. CITY will provide to ADVANCED a report, listing each individual transported by the CITY'S ground rescue vehicles. This report will be forwarded to ADVANCED by the City Fire Department on a weekly basis. 2. Within five (5) business days after receipt of the report as provided in Paragraph one above, ADVANCED shall initiate and mail to the transported individual, or to the parent, guardian or other individual financially responsible for the transported individual, an appropriate invoice. Such invoices shall be mailed by ADVANCED on a set billing cycle. 3. Each party hereto agrees to perform its respective duties and obligations as described in the "Request for Proprosal", attached hereto as Exhibit "A". 4. For its services provided hereunder, ADVANCED shall be paid by the CITY the following fees: ;~ a. $4.95 per account; and b. The actual cost of maintaining a "Local toll-free" telephone line between Boynton Beach and Miami; and c. 20% of income collected over 50% of the amount billed. 5. ADVANCED hereby indemnifies and saves the CITY harmless from any and all claims, liability, losses and causes of action which may arise out of the performance of the duties and obligations of ADVANCED. ADVANCED shall pay all claims and losses of any nature whatsoever in connection herewith, and shall defend all law suits, in the name of the CITY when applicable, and shall pay all costs and judgments which may issue thereon. 6. ADVANCED, and its officers, agents and employees, shall be deemed to be independent contractors, and not officers, agents or employees of the CITY. 7. ADVANCED will not assign or otherwise transfer its rights and obligations under this Agreement without the prior approval of the City Commission of the CITY. 8. The CITY may at its sole discretion terminate this Agreement for any reason by giving ninety (90) days notice to ADVANCED prior to the date of termination. 9. All notices by either party to the other shall be given at the following addresses by regular mail: City of Boynton Beach City Manager P.O. Box 310 Boynton Beach, FL 33425 Advanced Data Processing, Inc. 520 N.W. 165th Street Road Suite 201 Miami, FL 33169 2 if< 9~ -ollJ 10. The provisions of this Agreement shall be interpreted in accordance with the laws of the State of Florida. 11. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach thereof by either party. 12. This Agreement constitutes the entire Agreement of the parties and may only be amended by further written Agreement in the form of an amendment hereto except as provided in Paragraph 13. 13. This Agreement shall be for a term of one (1) year from date of execution. The CITY may extend the Agreement for additional one (1) year periods by written notification to ADVANCED. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their duly authorized representatives on the day and year first above written. ~lt()~/~~/ vh nes ~~ -~ - -...:..,---- "- Witness CITY~O~ BOYNTON BEA~H, FLORIDA BY:~ iJf~ Arline Weiner, Mayor ATTEST: ~a ~Ar /.'--k ~. Cit Clerk to Form C ADVANCED DATA PROCESSING, INC., BY: ~ ~:--t::-Y",>JQ.(l, Witness Witness 3