TO PROVIDE EMERGENCY MEDICAL SERVICES (4)
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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 municipal Corporation, hereinafter
called "Contractor."
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 agree-
ments for emergency medical services and the Contractor is
willing and able to provide emergency medical services.
NOH, THEREFORE, and in consideration of the mutual cove-
nants, terms and conditions herein set forth to be kept and
performed by and between the parties hereto, it is agreed as
follows:
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SECTION 1. Standards and Definitions.
This Agreement shall be governed by all applicable state
and local laws and regulations and the definitions contained
therein.
The term "fiscal year" as used in this contract refers to
the period of time commencing October 1, 1986 and continuing
through September 30, 1987
SECTION 2. Services Provided and Obligations of Contractor.
The Contractor shall:
1. Arrange for the closest county funded Advanced
Life Support unit available for service to res-
pond to each medical emergency within the Con-
tractor's EMS district.
2. Operaterour (4) Advanced Life Support units for
response to medical emergencies within Pinellas
County or in another county in response to a request
for mutual aid.
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SECTION 2. Services Provided and Obligations of Contractor.
- (Continued)
3. Operate vehicles and equipment in accordance with
all state and local rules and regulations.
4. Allow the Authority to inspect equipment, vehicles,
premises and records.
5. Assist the appropriate county EMS dispatch center
in maintaining and developing accurate information
for use in determining and dispatching the closest
emergency medical service units to each medical
emergency within the Contractor's EMS district.
6. Send the closest available emergency unit to life-
threatening emergencies.
7. Maintain the status of each advanced life support
unit with the appropriate authorized EMS dispatch
center.
8. Make the reports and preserve the records required by
the Authority.
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SECTION 3. Budget Approval and Authority's payments.
Contractor has submitted a budget to the Authority setting
forth the reasonable and customary cost of providing EMS service
described in Section 2. This budget has been approved by the
Authority in the amount of $1,696,370. Authority approval of the
budget shall determine the amount of payment by the Authority to
the contractor as compensation for the services to be rendered
under this Agreement.
The Authority shall make monthly payments to the Contrac-
tor beginning at the commencement of the fiscal year. Payment
of funds identified for capital equipment shall be made on or
before January 15, 1987. payment of funds identified for the
capital equipment reserve account shall be made on or before
July 15, 1987.
Contractor agrees that acquisition of capital assets with
funds from this contract shall be by purchase or lease purchase
and no such assets shall be mortgaged or pledged as security for
any debt. Contractor shall notify the Authority, in writing,
of each capital asset acquisition within ten (10) working days
of the receipt of the asset by the Contractor.
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SECTION 3. Budget Approval and Authority's payments.
(continued)
The Contractor will arrange for an annual financial audit by
an independent Certified Public Accountant (CPA) and submit the
auditor's report to the EMS Authority on or before April 1, 1988.
The audit will identify budgeted and actual expenditures of the
funds provided pursuant to this contract. The auditor shall
examine the contractor's financial statements in order to express
an opinion on the fairness with which they present financial
positions, results of operations, and changes in financial
positions in conformity with generally accepted accounting
principles.
Funds provided for this contract will be used only for
EMS purposes. FundS provided under this contract shall not be
used for items such as gifts, donations, bonuses, parties,
flowers, sponsorship of organizations, public relations, good
will, travel expenses in excess of rates specified by 112.061,
Florida statutes and other non-operating purposes.
The Authority nay withhold payment to contractor if the
contractor fails to perform in accordance with the provisions
of this Agreement or any state, or local rules and regulations.
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SECTION 4. EMS Run Reports
The Contractor shall complete EMS patient care reports
for each patient and for each medical incident to which EMS
units respond. If contractor is entering EMS reports directly
into the pinellas County Emergency Communications Center compu-
ter, the EMS reports for each shift shall be entered by the end
of each shift.
The contractor shall deliver the EMS reports to the EMS
Anministration office at 400 south Fort Harrison Avenue,
Clearwater, FL each week on Monday or Tuesday. All EMS reports
f6r the preceding month must be delivered to the EMS office no
later than the 10th of the following month.
The contractor shall train its employees to correctly com-
plete the reports in accordance with the instructions provided by
the county.
SECTION 5. Medical Director.
The Authority's EMS medical director assigned to the Contrac-
tor shall directly supervise the medical performance of Contractor's
paramedics and emergency medical technicians as specified by the
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SECTION 5. Medical Director. - (continued)
Florida State statutes and the Administrative Rules adopted
pursuant to that statute, and the ordinances, rules and
standards adopted by the Pinellas county Board of County
Commissioners.
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. contractor 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.
Contractor covenants, warrants and agrees, in considera-
tion of the insurance coverage provided by the Authority, to
comply with the EMS Loss Control Regulations attached hereto as
Exhibit A and made a part hereof, and to cooperate with the Risk
Management Department of pinellas County in monitoring and
enforcing said loss control program as required by the insurance
carrier for the EMS program.
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SECTION 7. Obligations not for third party benefit or to
be assigned.
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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 the Contractor under
this Agreement, shall be assigned to any person, private associ-
ation 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, 1986 and continuing through
september 30, 1987 unless terminated or renewed in accordance with
this Agreement.
SECTION 9. Default, Termination, Renewal.
The Authority may terminate this Agreement upon providing
ninety (90) days' notice to the Contractor. The Contractor may
terminate this Agreement upon providing ninety (90) days notice
to the Authority. The Contractor covenants and agrees to return
to Authority all monies received not earned as compensation for
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SECTION 9. Default, Termination, Renewal. - (Continued)
service, all vehicles and equipment originally owned by the
Authority, or purchased pursuant to this Agreement or the
budget approved under Section 3, and all supplies not expended.
such return shall be executed and completed within five (5)
working days after the date of termination specified in the
termination notice.
In the event the Authority is unable, after reasonable
and good faith efforts, to secure or maintain insurance cover-
age as provided in Section 6, the Contractor's sole remedy
shall be the right to terminate the contract with thirty (30)
days' notice to the Authority.
The parties may mutually agree in writing to renew this
Agreement for the same term and upon the same conditions set
forth herein.
SECTION 10. County Assets.
All county assets in the possession of the Contractor
which are utilized to fulfill the requirements of this con-
tract, except computer terminals, printers, and modems, shall
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SECTION 10. County Assets. - (continued)
become the property of the Contractor upon execution of this
contract. Upon termination of this contract these assets
shall be returned to the county in the condition they were
received by-the contractor, less usual wear and tear.
SECTION 11. Contractor is Independent contractor
The parties agree that throughout the term of the
contract, and during the performance of any obligations
hereunder, contractor is an independent Contractor in all
respects and shall not be the agent, servant, officer, or
employee of the EMS Authority of pinellas County.
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IN WITNESS WHEREOF the parties hereto, by and through
their undersigned authorized officers, have caused this Agree-
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ment to be executed on this, the :;(3 day of (~ ' 1986.
ATTEST:
PINELLAS COUNTY EMERGENCY
MEDICAL SERVICES AUTHORITY
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By: *~ ?'?!::;j.
Chairman .
KARLEEN F. DEBLAKER, CLERK
By:
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APPROVED AS TO FORM:
PINELLAS COUNTY ATTORNEY
By: ~e~
ATTEST:
CITY OF CLEARWATER, FLORIDA
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SEAL) City Clerk
By:
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EXHIBIT A
LOSS CONTROL FOR EMS
1. Each person who drives emergency vehicles which respond to
medical emergencies shall successfully complete an Emer-
gency Vehicle Operator's Course (EVOC).
2. Each person who drives emergency vehicles which respond to
medical emergencies shall successfully complete a refresher
or advanced Emergency Vehicle Operator's Course at least
once each year.
3. Prior to hiring an employee who will drive an emergency
vehicle to medical emergencies the Contractor shall check
the employee's driving record.
A. Persons with questionable records shall receive
remedial training.
B. Those whose records meet the criteria in items 4B
or 4C shall not be hired.
4. Each Contractor shall examine the state driving records of
each driver annually.
A. A driver shall take remedial training, if
more than one moving violation with points
is found in the driving record.
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EXHIBIT A
LOSS CONTROL FOR EMS
(Continued)
B. A driver shall be placed on probation and receive
remedial training if the driver has more than
two moving violations with points, or is within
one violation (3 points) of suspension.
C. A driver who is convicted of Driving While
Intoxicated (DWI) or who has had their driver's
license suspended, or revoked shall not be
allowed to drive at all. In order to drive
again, the driver must obtain a Florida driver's
license and drive one year without receiving any
citations for moving violations. In addition,
the driver shall receive remedial training.
D. Any driver whose Florida driver's license is
revoked or suspended must report same to their
employer. If such suspension or revocation is
found on a regular license check, and has not
been reported, the driver shall be prohibited
from driving emergency vehicles which respond
to medical emergencies.
5. District coordinators shall ride with each driver on a
random basis and evaluate the driver's skill during the
term of this contract.
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EXHIBIT A
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LOSS CONTROL FOR EMS
(Continued)
6. The Contractor shall investigate each accident and
identify those accidents which were preventable. This
investigation may be done by management or by peers.
Recommendations shall be made for additional training
where applicable.
7. No oral or written statements shall be given to anyone
other than the investigating officers and other medical
personnel regarding any patient or incident. pinellas
County Risk Management shall be immediately informed of
any subpoenas received or requests for statements or
documents.
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