HomeMy WebLinkAboutAgreement_General_05/12/2011 (3) PAYMENT GUARANTEE AGREEMENT FOR REHABILITATION FACILITY
PATIENT AMBULANCE TRANSPORT SERVICES
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THIS AGREEMENT is entered into this rna, day of o�. , 244-2;
effective immediately, between the Village of Tequesta, a municipal corporation organized and
constituted in accordance with the laws of the State of Florida, with offices located at 345
Tequesta Drive, Tequesta, Florida 33469, hereinafter referred to as the "Village" and GMH
Rehabilitation Enterprises, LLC, a Delaware limited liability company with offices located at 10
Campus Boulevard, Newton Square, Pennsylvania 19073, hereinafter referred to as the
"Rehabilitation Facility ".
WITNESSETH:
WHEREAS, the Rehabilitation Facility is located within the Village; and
WHEREAS, The Village's Fire Rescue Department is licensed and mandated to be the
primary provider of Ambulance Transportation Services within the Village; and
WHEREAS, the Village Code of Ordinances requires that all rehabilitation facilities
located within the Village enter into an agreement with the primary provider of Ambulance
Transportation Services to guarantee payment for Ambulance Transportation Services provided
to rehabilitation facility patients; and
WHEREAS, the Village and the Rehabilitation Facility desire to enter into this agreement
wherein the Rehabilitation Facility shall guarantee payment to the Village for Ambulance
Transportation Services provided by the Village's Fire Rescue Department to the Rehabilitation
Facility's patients.
NOW, THEREFORE, for and in consideration of the mutual covenants and promises
contained herein to be kept and performed by the parties hereto, it is agreed as follows:
1. RECITALS: The above recitals are true and correct.
2. SERVICES TO BE PROVIDED: The Village, through its Fire Rescue
Department, shall provide Ambulance Transportation Services and associated EMS
service, to Rehabilitation Facility patients on an as- needed, on-call basis, in the same
manner that the Village provides such services to any other person.
3. DEFINITIONS: For the purposes of this Agreement, "Ambulance Transportation
Services ", "EMS" and "Patient" shall be defined as follows:
Ambulance Transportation Services: The transportation of a Rehabilitation
Facility Patient by Village Fire Rescue resources (i) to the Rehabilitation Facility
from any other location; or (ii) from the Rehabilitation Facility to any other
location.
EMS: Any emergency medical treatment provided by certified paramedics
and/or EMT's whether or not body invasion and/or any life support equipment is
utilized.
Patient. Any client of the Rehabilitation Facility, including, but not limited to,
clients who may be transported to the Rehabilitation Facility prior to initial
admission and clients who may be transported from the Rehabilitation Facility
following discharge.
4. AMBULANCE TRANSPORTATION FEES / EMS FEES: The Rehabilitation
Facility agrees to provide direct payment to the Village for all Ambulance Transportation
Services and associated EMS service provided to Rehabilitation Facility Patients in
accordance with the Village's schedule of fees and costs. Such Ambulance
Transportation Services and associated EMS service costs shall be invoiced directly to
the Rehabilitation Facility and shall be billed, collected, and retained in full by the
Village as compensation for rendering such services. The Village's current schedule of
fees and costs is attached hereto as Exhibit "A ". It is agreed and understood that said
schedule of fees and costs may be amended from time to time at the sole discretion of the
Village; however, any such amendments shall address all users in the same manner and
shall not be applied only to rehabilitation facility users. The Rehabilitation Facility shall
be notified immediately of any such amendment. The Rehabilitation Facility shall pay
the Village within 30 days of receipt of the Village's billing invoice.
5. TERM: It is understood by both parties that this Agreement shall remain in full
force and effect so long as the Rehabilitation Facility continues to operate in the Village
and so long as the Village continues to operate primary Ambulance Transportation
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Services and associated EMS service. In the event that the Village ceases to operate
primary Ambulance Transportation Services and associated EMS service, then the
Rehabilitation Facility agrees to enter into a similar agreement with the subsequently
designated primary provider for Ambulance Transportation Services in the Village.
6. TERMINATION: It is understood by both parties that this Agreement shall not
be terminated except under the conditions set forth in Paragraph 5. above, which, in the
case of either of those conditions occurring, shall result in the immediate termination of
this Agreement.
7. NOTICES: All notices required in this Agreement shall be sent to the parties at
the following addresses via hand delivery or via certified mail, return receipt requested:
VILLAGE REHABILITATION FACILITY
Village of Tequesta GMH Rehabilitation Enterprises, LLC
Fire Rescue Department 10 Campus Boulevard
345 Tequesta Drive Newton Square, Pennsylvania 19073
Tequesta, Florida 33469 Attn: General Counsel
Attn: Fire Chief
8. NO TRANSFER: This Agreement shall not be assigned or transferred by either
party.
9. GOVERNING LAW: This Agreement shall be governed and interpreted
according to laws of the State of Florida. Any and all action necessary to enforce the
Agreement will be held in Palm Beach County, Florida. The prevailing party in any
action brought for the interpretation or enforcement of this Agreement shall be entitled to
recover reasonable attorney's fees, court costs and all expenses incurred in that action or
proceeding, in addition to any other relief to which such party may be entitled.
10. NO WAIVER DUE TO DELAY: No delay be either party in enforcing any
covenant or right hereunder shall be deemed a waiver of such covenant or right, and no
waiver of any particular provision hereof shall be deemed a waiver of any other provision
or a continuing waiver of such particular provision, and except as so expressly waived, all
provisions hereof shall continue in full force and effect.
11. ENTIRE UNDERSTANDING: This Agreement constitutes the entire
understanding of the parties with respect to the provision of and payment for Ambulance
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Transportation Services and associated EMS services for Rehabilitation Facility Patients,
by the Village. It may not be modified, nor any of its provisions waived unless such
modification and/or waiver is in writing and is agreed to and signed by both parties.
IN WITNESS WHEREOF, the parties have hereto set their hands and seal this
day of ►� \,;� : -dal
ATTEST: �; QQ F . y , VILLAGE QUESTA
rn
LORI McW THOMA ATERNO
VILLA, E 's s .�!( tk :. �O' MAYOR
F
APPAOVED AS TOT01W AND
LEGAL a_ F fff T"
DATE: 5 I �a o
ATTEST: GMH REHABILITATION ENTERPRISES, LLC
JAMES I. KENNEDY
SENIOR VICE PRESIDENT
DATE:
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Transportation Services and associated EMS services for Rehabilitation Facility Patients,
by the Village. It may not be modified, nor any of its provisions waived unless such
modification and /or waiver is in writing and is agreed to and signed by both parties.
IN WITNESS WHEREOF, the parties have hereto set their hands and seal this
day of , 20/11
ATTEST: VILLAGE OF TEQUESTA
LORI McWILLIAMS, MMC THOMAS PATERNO
VILLAGE CLERK MAYOR
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
DATE:
ATTEST: GMH TEQUESTA HOLDINGS, LLC
,JAMES I. KENNEDY
SENIOR VICE PRESIDENT Asso
o�
DATE:
LEGAL
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BLS ALS-1 ALS-2 Mileage
Ambulance Transport
Rates Rate Rate Rate Rates er mi{e
$435.00 $435.00 $625.00 $7.25
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VILLAGE OF TEQUESTA
REQ►UEST FOR SPECIAL EXCEPTION
CASE NO.: 5E-02-11
IN RE: GMH Tequesta Holdings, LLC, Owner
DeRose Design Cansuitants,Inc., Appticartt
PRQFERTY LOCATION:
217 Village Boulevard,Tequesta, FL 334fi9
LEGAL DESCRIPTION:
ALS PLAT OF VILLAGE OF TEQUESTA PT OF TR A LYG W OF & ADJ TO
PAR �,TRS K THRU M&NOT LABELED AREAS AlKfA PAR 2
PARCEL CONTROL NiJMBERS:
60-43-40-3��46-002-0(�0
SPECIAL EXCEPTIflN REQUESTED:
Rehabilitiaiion Facili#y use in the MLJ Mixed Use Zonin�Di�trict in accordance with
Sec. 78-180 of the Village Code af Ordinances.
OR�ER APPROVING APPLICATIUN
This cause came on to be heard upon the above applica�ian and the T�uesta Villag�
Council having considered the evidencs presented by the applicant and other interested perssc�ns at a
hearing called and properly noticed, and the T�u�esta Village Council, being othervvise duly
advised,
THEREUPON, THE TEQUESTA VILLAGE COUNCIL FINDS AS F4L�,OWS:
l. The subject property is [ocated in the MU Mixed Use Zoning I3istrict in the Vill�.ge
of Tequesta.
2. The a}�plicant has submitted all documents ret}uired by the Village's Code af
Ordin.ances for specia] exception review.
3. The applicaiian, the staff report and alI other supporting docvmentatian and
presentatic�n mat�rials as r�;viewed by the Village Council at its May l�, 2011
meeting, and as kept on file by the Village, are made a pazt hereof and are hereby
incorporated by reference.
Page 1
4. According to Section 78-180 of the Village Code of Oi�dinances, a Rehabilitation
Facility is permitted as a special exception in the MiJ Mix� Use Zoning District
upon appraval by the Village Council.
5. The applicants have applied for a special exce�ion to allow a Rehabilitation Facility
use on the subject property.
6. Under the provisions af the Village Code of Ordi�nces,the Vivage Cou4cil has the
right,power and authority to act upon the request herein made.
TT IS THEREUPON CONSIDERED, ORDERED AND ADJUDGED BY THE VII..LAGE
COUNCII.OF THE VILLAGE OF TEQUESTA,FLORIDA,AS FOLLOWS:
The applicaRion for Special Earception, Case No. SE-02-11 with reference to the above
described property within the Village of Teqwesta, Palm Beach County, Florida, to permit the
following:
Rehabilitation F�cility use, in accordance with the special exception
applicatian attached hereto as F�chibit"A"
is hereby APPROVED since the Village Co�mccil hereby finds that the applicauts have met tlie
standards set forth in Sections 78-362, 78-363 and 7&1$0(i)(l� of the Tequesta Zomng Code for
rehabilitatidn facility special exception approval. The following waivers and cvnditions of approval are
imposed by the Village Council for this applicatian:
1. The applicant shall be permitted to utilize the�isting fence located on the Village's
water plarn�xaperiy adjacent to the north side of the subject�operty to comply with
the requirements of Sec. 78-180 (ix16)h. The applicsnt shall nat be re.quired to
place landscaping on the north side of said fence; however, the Applicant shall
ins�all and maintain landscaping on the sarth si� of said fence in a quantity that
results in a minimum of two times the landscaping that would be required to m�t
the intem of the V"illage's codes. Said landscaping shall be installed and maintained
such that a five foot(5')fence maintenance access way is maintained adjace�to the
fe�e_ The a}�lic�nt shall work with t�Village's landscaping c�ultant in order to
accomplish this waiver/approvat condition and t�e p�oposed Zandscaping shall mcet
with the approval of the Village's lan�caping consultam in terms of quality,
quantity and lc�cation.
Page 2
2. The applicant shall be permitte�to utilize all existing fencing material surrounding
the subject property, despite the fact that the fence heigt�t in s�ome locations is
between five fee�t (5') and six feet (6') tall. The applicarn shall provide sufficient
la�ping to conceal the fe�e. Tl� applicant sl�ll worlc with the Village's
landscaping consul�nt in order to acoomplish this waivedapp�roval conditian and the
proposed landsca�ing shall �et with tl� ap�val of the Vilia�'s landscaping
consultant in terms of quality,qu�►tity and locatian.
3. The applicant shall be permitted to use the existing monument sign for the
rehabilitation facility use, and shall further be permi#ed to place code compliant
copy material on bot�si�s of said moa�ent si�n.
4. It is uttdecstood that the applic,ant is wot�Ciitg with Palm Beach County re$arding
la�d.scaping a�landscape maintenance along Old Dixie H'ighway. In the event that
the applicant fails to secure county approval for said landscaping and landscape
maintenance, then the applicant shall be solely responsible to install and maintain
additional landscaping on their �operty adjacex►t to Old Dixie Highway without
cotmty assist�nce; such roainte�ance shall NOT be the responsibility of the Village
of Tequesta. The�pplicant shall work with the Villa�'s landsc;aping cansu}tant in
or�r to a�plish this waiver/approval condfion and the propo�d landscaping
shall meet wit}i die approval of the Village's landscaping consuttant in terms of
quality,quantity and location.
5. The applicant shall not be permitted to sublease any space whatsaever on the
rehabilitation facility site.
6. The applicam has ag�+eed to each and every one of the aforesaid waiveis/conditions
of ap�oval during the special exception public hearing.
* The term applicant(s}as used herein shall inctude all successors and assigns.
�` The applicant's special exception approval shall expire in twelve (12)months unless a building
pennit has been obtained, preliminary site plan or plat approval has occurred, or ot�►�'
significant actean to saatisfy the requirements of this approval have occurreci in accordat�ce with
Sec.7&367.
Page 3
DONE,AND ORDERED THIS TvL DAY OF MAY,2011.
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MAYDR M PATERNO,
�'ILLACE QF TEQUE�TA
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