11/17/2010 AgreementAGREEMENT TO PROVIDE HELICOPTER AIR AMBULANCE SERVICES
This Agreement to Provide Helicopter Air Ambulance Services ("Air Services")
is entered into as of the 1 st day of September, 2010, by and between Variety Children's Hospital
d/b/a Miami Children's Hospital ("Hospital") and Monroe County, Florida, as operator of the
Trauma Star Air ambulance program ("Air Provider").
Whereas, Hospital desires to provide its patients with air ambulance services
("Air Services");
Whereas, Air Provider is licensed and qualified to render Air Services, with
clinical personnel and equipment supplied by Hospital;
Now therefore, the parties agree as follows:
AGREEMENT
1. Air Provider shall render Air Services upon request by Hospital to patients
designated by Hospital. Air Provider shall provide a qualified pilot (s) and aircraft to provide
Air Services at the time designated by Hospital; provided, however, that Hospital shall give
Provider at least 2 hour(s) notice that Air Services shall be required. Hospital recognizes that Air
Provider will be providing trauma scene transport, interfacility transports, and other missions
critical to Monroe County; that the services are subject to availability of the air ambulance; and
that Air Provider reserves the right to determine the priority of usage for the air ambulance at all
times. Hospital shall provide the clinical crew and any specialized medical equipment that may
be necessary.
2. At all times during the term of this Agreement, Air Provider shall maintain all
licenses, permits and other qualifications required by the state of Florida to render Air Services.
Further, Air Provider warrants that its aviation certificate shall be in good standing with the
Federal Aviation Administration, and that its aircraft shall be free from mechanical defects, fully
serviced and in good repair at all times.
3. As its sole compensation for Air Services provided for Hospital and its patients,
Hospital shall pay Air Provider. Air Provider shall not bill any patient, third party payer or any
other party whatsoever for services rendered hereunder, and Hospital shall have the sole and
exclusive right to bill such parties.
4. The parties acknowledge that, under applicable Medicare regulations, Hospital
has professional responsibility for Air Services rendered to Hospital's patients. Hospital shall be
responsible for maintaining medical records for patients transported; determining the medical
necessity and appropriateness of Air Services; and performing quality assurance for patient
services provided hereunder. Air Provider agrees to cooperate with Hospital in Hospital's
performance of such functions, and shall comply with any reasonable request by Hospital for
records, information required to perform patient billing including information to calculate
accurate loaded mileage, and remedial action required as result of Hospital's review functions.
Air Provider agrees to maintain the confidentiality of all patient information and to fully comply
with all applicable laws governing patient confidentiality, including the HIPAA Privacy Rule
and applicable state law.
5. Subject to the limitations of Section 768.28, Florida Statutes, Air Provider agrees
to defend, indemnify and hold harmless Hospital and its employees, officers and agents from and
against any and all claims, liabilities and expenses, including attorney's fees and costs, arising
from any act or omission of Air Provider or its personnel; any breach of any term or provision of
this Agreement; or any malfunction or defect of Air Provider's aircraft or equipment. Hospital
agrees to defend, indemnify and hold harmless Air Provider and its employees, officers and
agents from and against any and all claims, liabilities and expenses, including attorney's fees and
costs, arising from any act or omission of Hospital or its personnel; any breach of any term or
provision of this Agreement; or any malfunction or defect of equipment.
6. Hospital understands that Air Provider is self -insured through the Florida
Municipal Insurance Trust in the following amounts: $5.0 million general liability, including
medical attendants/medical directors' malpractice liability; $5.0 million errors and omissions
liability.
7. This Agreement constitutes the full agreement of the parties regarding the subject
matter hereof. No amendment of this Agreement shall be effective unless in writing and
executed by the parties. This Agreement may not be assigned by either party without the written
consent of the other. This Agreement is intended solely for the benefit of the parties hereto and
not for the benefit of any third party beneficiaries. In the event of any dispute arising from this
Agreement, the prevailing party shall be entitled to an award of its reasonable attorney's fees and
costs.
8. This Agreement is effective as of the date specified above. Either party may
terminate this Agreement upon thirty (30) days written notice.
9. Notice: Any notice that is required to be given under the terms of this Agreement
shall be delivered via personal service or certified mail, return receipt requested, and addressed
as follows:
To Hospital:
C. Wayne Cole
Director, Supply Chain Administration
Miami Children's Hospital
3100 S.W. 62 Avenue
Miami, Florida 33155
To County:
Fire Chief
Monroe County Fire Rescue
490 63 St.
Marathon, FL 33050
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IN WITNESS WHEREOF, the parties have executed this Agreement, effective the day and year
first above written.
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HOSPITAL:
Miami Children's Hospital
3100 S.W. 62 Avenue
Miam' lorida 3 155
By:
Title: C. Wayne Cole,
Director, Supply Chain Management
Miami Children's Hospital
AIR PROVIDER:
Monroe County, Florida
By:
Title: Mayor/Chairperson
MONROE COUNTY ATTORNEY
ROV D AS T F M
YNTHIA L ALL
ASSIS ANT COUNTY ATTORNEY