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TO PROVIDE EMERGENCY MEDICAL SERVICES (2) I" I EMERGENCY MEDICAL SERVICES AGREEMENT 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 the City of Clearwater, a - corporation of the State of Florida, hereinafter called "Provider." WIT N E SSE T H: WHEREAS, the Authority is a county-wide special district in Pinellas County, FL, created pursuant to Chapter 80-585, Laws of Florida Special Acts of 1980; and WHEREAS, the Authority is authorized to enter into agreements for emergency medical services and the Provider is willing and able to provide emergency medical services. NOW, THEREFORE, 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: " , ,,- 1"- -) (. . -I <. 4. t (7 ( /" /." \,J , '1/ I j) ! -I 1_ I I SECTION 1. Standards and Definitions. This Agreement shall be governed by all applicable state and local laws and regulations and the definitions contained therein. SECTION 2. Services Provided. Provider covenants and agrees to operate vehicles and equipment and furnish trained medical personnel in accordance with the terms and conditions of this Agreement as may be necessary to provide emergency medical services to victims of medical emergencies originating within Pinellas County, FL. SECTION 3. Budget Approval and Authority's Payments. Provider shall submit a budget to Authority setting forth the reasonable and customary cost of providing EMS service described in Section 2. Upon approval of the budget by the Authority, the Authority shall make monthly payments to the Provider beginning at the commencement of the fiscal year. The parties agree and understand that the submission and approval of the budget shall determine the amount of payment by Authority to Provider for the services to be rendered under this Agreement. 2 I I Provider covenants and agrees to establish a separate fund to account for receipts and disbursements of payments. The Provider may, in accordance with the procedures within Fire and EMS Financial Rules for Pinellas County, request changes or modifications in its budget after the approval by the Authority of the initial budget. No changes shall be made until the Authority approves any such change or modification. There- after, the budget shall be adjusted to reflect such changes 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 state and local laws and regulations. Provider covenants and agrees to utilize and maintain vehicles, equipment and supplies including two-way communications and insure that said vehicles contain safety and emergency equipment. Provider vehicles shall have proper permits as required under Chapter 401 Florida statutes. Provider shall employ, assign, and train the personnel authorized by the approved budget described in Section 3 and otherwise maintain the approved state licensing necessary to provide the Authority emergency medical services. 3 I I Provider further covenants and agrees to make the reports and preserve the records required by the Authority. The Provider shall maintain such property inventory records; 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. Provider shall comply with the requirements of a yearly audit pursuant to law and in accordance with the Fire and EMS Financial Rules for Pinellas County. Provider shall make, submit and maintain such records and reports and allow such access to and inspection of any of its premises, records, equipment and vehicles funded, procured or otherwise funded 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. The medical 4 I I director may suspend any EMT or paramedic and prohibit that person from performing medical services and procedures under this agreement if said employee is not qualified or has failed or refused to comply with any applicable state or local law or regulation or medical standing order. The county EMS medical director shall exercise those responsibilities set forth in state and local laws and regulations. Any medical director whose salary is wholly or partially provided for in a budget approved by the Authority or who is otherwise employed on a part-time or volunteer basis for the performance of professional services under this Agreement shall be supervised by the county EMS medical director. SECTION 6. Insurance. The Authority shall provide for the purchase of insurance for the payment of any negligence or tort claims liability, automotive liability, 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 performing services for the Authority under this Agreement as may be required under state law. S I I SECTION 7. be assigned. Obligations not for third party benefit or to This Agreement is not intended, nor shall it be construed, 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 Agrement, shall be assigned to any person, private association or corporation, not-fo~-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, 1984 and continuing through September 30, 1985 unless terminated or renewed in accordance with this Agreement. SECTION 9. Default, Termination, Renewal. The Authority may terminate this Agreement for cause upon providing ninety (90) days notice to the Provider. The Provider may terminate this Agreement upon providing ninety (90) days notice to the Authority. Provider covenants and agrees to return to Authority all unexpended monies paid, all vehicles owned by Authority, and all equipment and supplies 6 r I I not expended and purchased pursuant to this Agreement or the budget approved under Section 3. Such return shall be executed and completed within five (5) working days after the date of termination specified in the termination notice. The parties may mutally agree in writing to renew this Agreement for the same term and upon the same conditions set ~orth here in~, :: 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 CouhtyEMS Authoritt~ After acceptance of bid, further obligations under this contract beyond funds appropriated in the 1984-1985 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, Authority 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 promtly notify Provider ln writing of such failure of appropriation. 7 . . . .-" '- J I IN WITNESS WHEREOF the parties hereto, by and through their undersigned authorized officers, have ca~~~ ;~is Agreement be executed on this, the ~1-d... day of ~ ,1984. to ATTEST: KARLEEN F. DEBLAKER, CLERK PINELLAS COUNTY EMERGENCY MEDICAL SERVICES AUTHORITY By: ~ ~fr-d~ - >~/~~~~~ B~~ APPROVED AS TO FORM: PINELLAS COUNTY ATTORNEY~ j/ ./ / / By: ~ .......: ~T'4i ": - --'-~ - , .",-: ..... ~~~L..i.A. . ~ - -------- - ~-~---- .. - City (::ae~::_ ,a-~:,?. "n; & e s: ~ ' ~ - ; Z' !L/ "'. ----------- . y Attorney By: 8 8/84 0049j ..,J