TO PROVIDE EMERGENCY MEDICAL SERVICES
C IT Y
OF
,
C LEA R WATE R ".,'-~
TF:" r~~' rr- r:-;" TI,W~jrrr'j
POST OFFI6EJlB'()X'ic'n4s"c,'I~'"
~
!",I"'/l;'''.....~........
l' S\~ Olrl/(~-"'_
l~~' 0\.
~:-..;;, -...
~ t...i,' ~<i ~ ~
~~--"~.e,----',',',',.,,',..,'..' ."',',,, ~,~
~~ c:... ~~
\.~,:." ~I
'~TE\l.~l
~":rr.rrrl
I
C LEA R W ATE R, F LOR I D A 3~518 7174~ 'j<
- ' , ,'~'
January 18, 1984
i/l~K''''
, -_i n "
Mr. Frank Griffin
EMS
15250 Spadco Drive
St. Petersburg-Clearwater
Clearwater, Florida 33520
:,,:E .,-=r-'! \/ED
r.l
r
2(-\ 1984
Airport
CITY CLERK
Dear Mr. Griffin:
Pursuant to your request enclosed herewith are four
copies of the EMS Contract which have been executed by the
proper officials of the City of Clearwater.
After these have been completed, please return one copy
to the City Clerk for retention in her file.
Sincerely yours,
TAB:br
Encs.
/../ /, - '."'....
./ ThG~~S;:A.'13~stln
City Attorney
j
January 25, 1984
Executed copy returned
toe i ty C 1 e r k . ~.
ptU/
"Equal Employment and Affirmative Action Employer"
"'} I
I
EMS AGREEMENT
t
This Agreement, made and entered into between the Pinellas
County Emergency Medical Services Authority, a special district
of the State of Florida, hereinafter called "Authority", and
CITY OF CLEARWATER , a corporation of the State of
PROVIDER
Florida, hereinafter called "
"
WIT N E SSE T H:
WHEREAS, the Authority is a county-wide special district in
Pinellas County, FL, created pursuant to C~apter 80-585, Laws of
Florida Special Acts of 1980; and
WHEREAS, the Authority is authorized to enter into agreements
and the PROVIDER is willing and able to provide emergency
medical services.
NOW, THEREFORE, for and in consideration of the mutual
covenants, terms and conditions herein set forth to be kept and
performed by and between the parties hereto, it is agreed as
follows:
SECTION 1. Standards and Definitions. This Agreement in all
applicable respects, shall be governed by and be subject to the
provisions of County Ordinance 82~31 and the Pinellas County
Uniform Standards for Emergency Medical Services established by
the Authority pursuant to Chapter 80-585, Laws of Florida. Said
Uniform Standards are attached hereto and incorporated in this
Agreement as Appendix "A". The definitions and procedures set
forth in said ordinance and the Uniform Standards as they now exist
and may be hereafter amended, shall govern the meaning,
int~rpretation and construction of words, terms or provisions
C~~
. .
J
I
unless expressly defined elsewhere in the Agreement.
SECTION 2. -Services Provided.
PROVIDER
covenants
and agreeS to operate the vehicles, communications and equipment
and furnish trained medical personnel in accordance with the terms
and conditions of this Agreement and the attachments hereto as may
be necessary to provide a continuous and reasonable EMS response
to all medical emergency calls originating within Pinellas County,
FL. EMS units subject to the conditions of this contract, may be
requested by the Authority to render emergency medical support in
accordance with procedures in the Pinellas County Uniform Standards.
SECTION 3. Budget Approvals and Authority's Payments.
PROVIDER shall submit a budget to Authority setting
forth the reasonable and customary costs of providing EMS service,
described in Section 2 and upon approval of said budget by the
Authority, the Authority shall pay to
PROVIDER
quarterly payments beginning at the commencement of the fiscal
year as provided for in said approved budget. The parties agree
and understand that the submission and approval of said budget
shall determine the sole payment by Authority to PROVIDER
t
for the services to be rendered under this Agreement and covenants
and agrees to establish a separate account for the receipts,
disbursements and accounting of said payments. The parties further
agree and understand that the
PROVIDER
may, in
accordance with the procedures within fire and EMS financial rules
for Pinellas County, request changes or modifications in its
2
J
I
budget after the approval by the Authority of the initial budget,
and that no changes shall be made until the Authority approves
any such change or modifications. Thereafter, the aforesaid
budget shall be adjusted to reflect such changes by its own
motion and modifications as deemed necessary by the Authority.
SECTION 4. Obligations of
PROVIDER
PROVIDER
covenants and agrees while performing services
under this Agreement, to perform the following in accordance with
all applicable provisions of the Florida Statute, Uniform Standards,
and all applicable Pinellas County health and emergency medical
services ordinances now in existence or hereafter adopted:
Utilize and maintain vehicles, equipment and supplies, including
two-way communications, insuring that said vehicles contain safety
and emergency equipment, and have proper permits, as required under
Chapter 401, Florida Statutes; assign, employ and train the per-
sonnel authorized under and required by the approved budget
described in Section 3 above; and otherwise maintain the approved
state licensing necessary to provide the Authority approved level
of EMS service.
PROVIDER
further covenants and
agrees to make the reports and preserve the records required by
the Authority; to maintain such property inventory records,
t
financial and budget records including quarterly reports of
receipts and disbursements and other information and data as may
be reasonably required by the director of EMS Administration, to
comply with the requirements of a yearly audit pursuant to law and
in accordance with the fire and EMS financial rules for Pinellas
County; and make, submit and maintain from time to time, such
records and reports, and allow such access to, and inspection of,
3
I
I
any of its premises, records, equipment and vehicles funded, pro-
cured or otherwise provided under its approved budget, as may be
reasonably required by the director of EMS Administration and the
county EMS medical director to assure the performance of
PROVIDER'S obligations hereunder.
SECTION 5. Medical Director. There shall be a county EMS
medical director who shall provide for a periodic audit and review
of medical procedures performed by paramedics and emergency medical
technicians employed pursuant to the budget approved under Section
,
3 hereinabove; and who may suspend any of said EMT's and/or para-
medics from the performance of medical services and procedures
under this Agreement if said employee is not qualified, or has
failed or refused to comply with the communication protocol or
any requirement of any standing order, standard operating pro-
cedures, applicable state or county law or the Uniform Standards.
The county EMS medical director shall exercise those responsi-
bilities set forth under Florida Statute 401 and the Uniform
Standards and such amendments thereto as may be hereinafter
approved. Any medical director whose salary is wholly or par-
tially provided for under any Authority approved budget or who
is otherwise employed on a part-time or volunteer basis for the
,
performance of professional servi~es under this Agreement, shall
be responsible to the direction of the county EMS medical director.
SECTION 6. Insurance. The Authority shall provide for the
purchase of insurance in accordance with law for the payment of
any negligence or tort claims liability, automotive liability,
4
~
I
I
. and medical malpractice liability arising out of the activities of any
qualified, authorized and directed personnel performing EMS activities
PROVIDER
covenants and agrees to maintain such
workers' compensation coverage for its employees and others per-
forming services for the Authority under this Agreement as may be
required under state law.
SECTION 7.
Obligations not for third party benefit or to be
assigned. This Agreement is not intended, nor shall it be con-
strued, to enure to the benefit of any third person or entity not
a party hereto, and no right, duty or obligation of
PROVIDER
under this Agreement shall be assigned to
any person, private association or corporation, not-for-profit
corporation, or public body without the prior written consent of
the Authority.
SECTION 8.
Term of Agreement. These terms and covenants
shall be in effect for a period of one (1) year commencing
OCTOBER 1, 1983and continuing through SEPTEMBER 30,1984 unless
terminated or renewed in accordance with this Agreement.
SECTION 9. Default, Termination, Renewal. The Authority
may terminate this Agreement for cause Jpon providing ninety (90)
days notice to the Authority and provider covenants and agrees
to return to Authority all unexpended monies paid, all vehicles
owned by Authority, and all supplies and equipment purchased and
5
I
I
not expended, pursuant to this Agreement or the budget approved
under Section 3, and such return shall be executed and completed
within five (5) working days after date of termination specified
in the termination notice. The parties may mutually agree in
writing to renew this Agreement for the same term and upon the
same terms and conditions set forth herein.
SECTION 10. Fiscal Non-Funding. The funds to be used for
services performed pursuant to this contract are subject to
periodic appropriation of funds by the Pinellas County EMS
Authority. After acceptance of bid, further obligations under
this contract beyond funds appropriated in the 1983-1984 budget
for this contract are contingent upon the availability of funds.
If funds are not appropriated by the Pinellas County EMS Authority
for any or all of this contract, providers shall not be obligated
to pay for any services performed under this contract beyond the
portion for which funds are appropriated. Such failure of
appropriation shall not constitute a breach of this Agreement.
Authority agrees to promptly notify provider in writing of such
failure of appropriation.
r
6
,
.'
.
I
I
IN WITNESS WHEREOF the parties hereto, by and through their
undersigned authorized officers, have caused this Agreement to be
~ \~~ u
executed on this, the " day of ~, 198 .
~.
ATTEST:
KARLEEN F. DEBLAKER, CLERK
PINELLAS COUNTY EMERGENCY
MEDICAL SERVICES AUTHORITY
By:
).~'" rf~
D€puty Clerk
B~~'
, !
(SEAL)
APPROVED AS TO FORM:
PINELLAS COUNTY ATTORNEY
4" . / ~)
'/ ,/'." ,/"
By: " e~(, I ;;~~~/ ",~" ,
/ /
ATTEST:
C{~~" Lj~;.
Y.'
By:
~-
City Clerk
form and
7