EMERGENCY MEDICAL SERVICES ALS FIRST RESPONDER AGREEMENTEMERGENCY MEDICAL SERVICES
ALS FIRST RESPONDER AGREEMENT
CITY OF CLEARWATER
October 1, 2022
PINELLAS COUNTY
EMERGENCY MEDICAL SERVICES AUTHORITY
12490 Ulmerton Road
Largo, Florida 33774
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EMERGENCY MEDICAL SERVICES
ALS FIRST RESPONDER AGREEMENT
AGREEMENT made this 25th day of October ; 2022, between the
CITY OF CLEARWATER, a Florida municipal corporation ("Contractor"), and the
PINELLAS COUNTY EMERGENCY MEDICAL. SERVICES AUTHORITY, a special
district ("Authority'`).
RECITALS
1. The Authority is a special district created for the purpose of'providing Emergency
Medical Services throughout Pinellas County ('County"), pursuant to Chapter 80-
585, Laws.of.Florida and Chapter54,Article 111, Pinellas County Code, as amended
("The Acts");
-2. The Authority has determined that a single-tler all Advanced Life Support '
("ALS")
EMS system-with a first responder component.and a transport component is in the
best interest of public safety, health and welfare.
3. The Authority has contracted.with various municipalities and independent special
tire districts in the County to provide First.Responder Services (as defined herein)
and has also contracted.with an Ambulance Contractor to provide ALS emergency
and non-emergency transport services.
4. The Authority wishes to continue to.provide for the long-term direction and financial
stability of the entire Emergency Medical.Services system through working with
the First Responder agencies to control costs.
5. -.Authority is'authorized to enter into.agreements for Emergency Medical Services-
and the Contractor is willing. and able to provide First Responder Services (as
defined.herein).
NOW, THEREFORE, 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:
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ARTICLE I
THE AGREEMENT
SECTION 101.. RECITALS AND. PURPOSE. The foregoing recitals are hereby
incorporated and made part of this Agreement. The purpose of this Agreement is to
:define the obligations, and responsibilities of the 'Parties hereto with respect to the
provision of ALS First Responder Servicein the County.
SECTION 102. COOPERATION. The. Parties shall cooperate and use all
reasonable efforts, pursuant to the terms of this Agreement,. to facilitate the terms of this
Agreement Accordingly, the Parties further agree in good faith to mutually undertake
resolution of disputes, if any, in an equitable and timely manner so as to limit the need for
costly, time-consuming, adversarial proceedings to resolve such disputes.
SECTION 103. CONTRACT DOCUMENTS. The following Appendices are attached
to and made part of this Agreement:
Appendix A. ALS First Responder Profile
Appendix B. ALS First Responder Contractors
Appendix C. EMS Equipment
Appendix D. EMS. Financial Information Attestation Form
Appendix E. Instructor Reimbursement Form
Appendix F. EMS Coordinator Duties and Responsibilities
Subject to Section 912, this Agreement, together with the foregoing Appendices,
constitutes the entire Emergency Medical Services ALS First Responder Agreement
between the Parties with respect to the provision of ALS First Responder Services, except
to the extent that HIPAA (Health Insurance Portability and Accountability Act) requires
additional agreements, which will be handled separately, and shall supersede any prior
agreement, contract or memorandum of understanding between the Parties regarding
such services.
SECTION 104. SCOPE OF SERVICES.. The services to be performed by the
Contractor under this Agreement include the following:
(a) The response of an ALS. First Responder Unit to the scene of an EMS Incident..
(b)
(c)
(d)
(e)
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The on -scene Patient care by Field Personnel.
The continuation of Patient care, when Contractors Paramedic accompanies the
Patient during transport by the Ambulance Provider or medical helicopter.
The transport of Patients to a medical facility by a Rescue Unit shall be . in
accordance with Florida Statute 401.33 and the then current Medical Operations
Manual, Transport Protocols.
The episodicutilization of CME Instructors and Public Educators/Community
Paramedics by participating Contractors.
Such services.. shallbe provided in accordance with the terms *and conditions of this
Agreement. The specific,terms andconditions of this Agreement shall govern and prevail
overthis Section *104.
ARTICLE II
DEFINITIONS
SECTION 201. WORDS AND TERMS; Unless the context otherwiserequires,
capitalized terms used herein shall havethe following meanings ascribed to them:
"ALS'! means Advanced Life Support.
"ALS First Responder Services" means the response of an ALS First Responder Unit
to an EMS Incident and, if necessary, on -scene Patient care by EMTs and
Paramedics, all in accordance with the protocols of the Authority.
"ALS First Responder Station" means any location designated by the Contractor and
approved by the Authority at which an ALS First Responder Unit, with the minimum
staffing required herein, is located.
"ALS First. Responder Unit" means: any of the ALS permitted vehicles provided by
Contractor under this Agreement and listed on Appendix A; each of which is
equipped to provide Advanced Life Support services and is used for rapid
response:to an EMS Incident. ALS First Responder Units may include, butnot be
limited to: ALS engines, Transport capable rescue units .and non -Transport
capable rescue units.
"Advanced Life Support" means treatment of life-threatening medical emergencies.
through the useof techniques such as -endotracheal intubation, the administration
of.drUgs or intravenous fluids, cardiac monitoring, and cardiac defibrillation by a
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qualified person, pursuant to rules of the Department.
"Advanced Practice Paramedic" or "APP" means a certified paramedic who, through
additional training and demonstration of expertise, is authorized by the EMS
Medical Director to perform specific diagnostic and/or therapeutic modalities
beyond the usual scope of practice ofa certified Paramedic. The APP's expanded
scope of practice applies only during the operation of, and in support of, the specific
special operations team to which they are trained and certified as defined in the
EMS Rules and Regulations.
"Ambulance" means a vehicle constructed, equipped and permitted as an ALS
Ambulance, pursuant to the rules of the Department for the transportation of
Patients.
"Ambulance Contractor" means the entity selected by the: Authority to provide
ambulance service countywide.
"Annual Compensation" means the professional services fee listed on Appendix A, as
may be adjusted pursuant to the terms of this Agreement.
"Annual External Audit" means an audit conducted by an external certified public
accountant, retained. bythe Contractor, who atthe end of each Fiscal Year verifies
and attests that the Contractor has complied with the requirement to utilize EMS
funds .solely for EMS purposes in accordance with Section 706 through the
submission of the form shown on Appendix D.
"Authority" means the Pinellas County Emergency Medical Services Authority, a special
district established by Chapter 80-585, Laws of Florida, as amended.
"Authority Funded Unit" means an ALS First Responder Unit authorized and funded by
the Authority pursuant to the terms of this Agreement.
"Automatic Aid/Closest Unit Response Agreement" means the agreement by and
between every political subdivision and fire control districts within Pinellas County
dated October 16, 1990.
"BLS" means Basic Life Support.
"BLS First Responder Unit" means a vehicle equipped to provide Basic Life Support
only.
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"Basic Life Support" means treatment of medical emergencies by a qualified, person
through the use of techniques described in the. Emergency Medical Technician
Basic Training Course Curriculum of the United States Department of
Transportation.
"CAD" means the computer aided dispatch system.
"Caller" means a person accessing the response system by telephone.
"Condition 1" means the normal operation of the EMS System in which Patient
Transport is handled by the Amb'ula'nce Contractor.
"Condition '3 Medical" or "Condition 3M" means the procedure to allow ALS First
Responder Transport of Patients utilizing Rescue Units during peak periods, at the
request and approval of the Executive Director or designee.
"Continuing Medical Education" or "CME" means the medical education training
program, through distance learning or clas.sroorp-based courses, provided in
accordance with the' EMS Rules & Regulations.
"CME Instructor means a County Certified Paramedic, County Certified EMT or County
Certified nurse, employed and: approved by a Contractor or the Ambulance
Contractor, who meets the qualifications set forth in the EMS Rules &. Regulations
and is approved by the Medical Director: CME Instructors may be utilized toleach
regular CME classes, specialized Courses, EMS System orientation or serve as a
subject matter eXpert, curriculum developer or to complete a. specific, task
assignment.
"Contractor" means any one of the entities described on Appendix B.
"Contractor Funded Unit" means an ALS First Responder Unit, approved by the
Executive Director, which is 'funded and operated by' the Contractor for their
operational flexibility, but, the, additional Unit is not necessary for the Contractor to
meet its obligations under the terms, of this Agreement.
"County" means Pinellas County, Florida, a political subdivision of the State of Florida.
"County Certified" means authorized to :work in the EMS System in accordance with
requirements established by the Medical Control Board, the Medical .Director and
approved by the Authority.
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"Course" means any individual CME offering available online through a sufficient number
of classroom -based training classes. Regular CME Courses, whether online or
classroom based, will be two (2:) hours in duration.
"Department" means the. State of Florida Department of Health.
"Disaster" means an occurrence of a severity and magnitude that normally results in
death,, injuries and/or property damage and that cannot be managed through
routine procedures and resources of the EMS system.
"Emergency Medical Technician" or "EMT" means any person who is trained in Basic
Life Support, who is County Certified and who is certified by the Department to
perform such servicet In emergency situations,
"Emergency Medical Services" or "EMS" means the services provided by the
Contractor pursuant to Section 104.
"EMS Advisory Council" means the advisory board established by the Special Act.
"EMS Districts" means the districts designated by Authority pursuant to the Special Act
and Resolution 14-66, as may be amended.
"EMS Emergency" means. any occurrence or threat thereof in the County, any
municipalities therein, or in Pasco, Hillsborough or Manatee County, which may
result in unusual system overload and is designated as an EMS Emergency by the
Executive Director or Authority.
"EMS Equipment" 'means the equipment listed on Appendix C, as' may be amended
from time to time by theExecutive Director.
"EMS Incident" means' an emergency or non -emergency request processed through the
Regional 9-1-1 Center that needs or is likely to need medical services.
"Emergency' Response" means, for' the purposes of measuring response time
compliance in Section 403, the act of responding to a request for services in which'
the Priority Dispatch Protocols have determined that red lights and Sirens will be
used.
"EMS Mill" means the ad valorem real property tax imposed by the Authority pursuant to
the "Special .Act", Laws of Florida, as amended.
"EMS Ordinance" means Chapter 54, Article Ill of the Pinellas County Code, as may
be amended.
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"EMS System" means. the network of organizations and individuais,:including, but not
limited to the,Authority, Ambulance Contractor, the Contractors, the EMS Advisory
Council, the Medical Control Board, and the 'Medical Director, established to
provide Emergency Medical Services in Pinellas County.
"Executive Director' means the Director of the. EMS System, or his,or her designee.
"First Due Unit" means the ALS First Responder .Unit, within Contractors primary
response area, predetermined to be the nearest to the EMS Incident, in
accordance with Section 409 hereof.
"Field Personnel" means Paramedics and EMTs employed by Contractbr.
"First Responder Services" means ALS First Responder Services.
"Fiscal Year" means the year commencing .on OCtoberl of any given year and ending
on September'30 of the immediately succeeding year.
"Force Majeure" means any act, event,, or condition, other than a labor strike, work
stoppage or sloWdown, that hashad or may :reasonably be' expected 'to have a
direct material adverse effect on.the rights or obligations' of either Party under this
Agreement, and such ad, event, or condition is beyond the' reasonable control of
the Party'relying thereon as justification for not pei-forming an obligation' or
complying With any condition required of such Party under thisAgreement, and. is
not the result of willful or negligent action. Or a lack of reasonable diligence of the
Party relying thereon. Such acts or events may include but shall not be limited to:
an act of God (except normal weather conditions for the County), epidemic,
landslide, or similar occurrence,, an act of the public enemy, War, blockade,
insurrection, riot, general arrest or restraint of government and people, Civil
disturbance or sirhilar Occurrence.
"Just Culture?' means the framework of assuring patient safety through error prevention
and process improvement; assuring and improving the quality of Patient care and
Client services; supporting a professional • environment :and culture that
encourages and supports our Certified Professionals; uncierstanda human errors
occur and how accountability is assured through consoling, coaching, counseling,
Remedial Training or.corrective action.
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"Learning: Management System" means the integrated fire and EMS software system
utilized by Provider Agencies for online training, classroom -based training
attendance tracking, in-service education; dissemination of administrative and
medical control. directives, tracking receipt of protocols and directives; skill
assessment and testing results. Authority's staff and Medical Director shall have
administrative, rights to upload Emergency Medical Services Continuing Medical
Education and post CME curriculum, in -set ice training modules, administrative
and medical control directives, run attendance and grade reports for all students,
and reports for CME Instructor activity. All Contractors will utilize the common
software: platform, Target Solutions, 'or a successor software product as
determined by the Authority upon agreement with the CME steering committee as
defined in the EMS.Rules & Regulations.
"Medic Unit" means a noriJransport capable ALS First Responder'Unit.
"Medical Case Review" means a review conducted *by the EMS Medical Director or
designee, with all Certified Professionals involved with a case, to clOsely examine
the care:de Patient using a POsitiVe and educational approach to determine where
gaps in knowledge or errors occkarred. Such Medical Case Reviews shelF be
conducted with a Just Culture framework to enSUre a. positive and, supportive
Culture that encourages quality Patient care.
$5Medical Control" means the medical supervision -of the EMS- System provided by the
Medical Director.
"Medical Control Board" moans: the board, appointed by Authority pursuant'to the EMS
Ordinance and, having. 'the :duties and responsibilities set forth: in the. EMS
Ordinance,
"Medical Direction" 'means superviSion. by Medical Control through two-way
communication or through established Standing orders, purSuent to rules of the
Department.
"Medical Director" Means a licensed physician, 'or a corporation, association, or
partnership composed of physicians, which employs .a licensed physician for the
purpose of providing Medical Control to the EMS System.
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"Medical Operations Manual" means the. clinical .guidelines, prepared for the EMS
System and approved by the Medical Control Board, as the -sate -May be amended
from-titnetO time
"On -Scene Equipment Exchange.Program" means the .Authority's program whereby
an equipment item, such as backboards and immobilization devices, which many
be amended by the. Executive Director, is employed by Contractor in 'the, course of
preparing, a Patient -for transport and' the ambulance personnel replaces the same
from its own on -board inventory.
"Paramedic" Means a. person Who is. trained in Basic and Advanced Life. Support, who
is County Certified, and who -is certified, by the Department to 'perform Basic and
Advanced Life Support procedures' 'pursuant to the provisions of state statt4te,
regulations and the Medical Operations Menu*.
"Party" Or "Parties" means eithet the.Apthority or the. Contractor,. or both, as the'.context
of the usage of such term may require.
"Patient" means an individual who is ill, sick, injured, wounded or 'otherwise
incapacitated and is in need of or is at risk of needing•Medidal care.
"Priority Dispatch Protocols" means- the protocols 'adopted b.y the:Authority, and.as.
may: be amended from time to time, governing the EMS S,ystem's response to. the
different types of service requests.
"Public' Educator/Community Paramedic" means a County' Certified Paramedic or
County Certified EMT, Or approved public educator emplOyed and approved by a
Contractor or theAM.bulance 'Contractor, who meets the qualifications set forth in.
the EMS Rules' &. Regulations and IS approved by .the Medical Director:. Public
Educators/Community. Paramedics may be utilized"to. teach CPR, first aid,
drowning prevention-, fall prevention or. any other type of EMS specific public
education, or prevention program or established community :patanieclicjaitrea.ch
program or to complete a: specific. task assignment related to. EMS public
education/cbrnthunity outreach.
"Regional 9-14 Center" means .the Communications Center and -related telephone,
radio and 'data systems operated' and maintained by Pinellas. County as the
countywidePublic Safety -Answering Point for the purpose 'of receiving
9-1-1 calls
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from citizens; providing emergency medical dispatch following the Priority.Dispatch
Protocols; providing for the dispatch of all BLS and ALS First. Responder Units to
EMS incidents; and providing for the ongoing communications via radio and
wireless data systems.
"Rescue Unit" means &transport capable ALS First Responder Unit.
"Response" meansthe at of responding to a request for services, which act begins
when ALS First Responder Units are- dispatched to an EMS Incident.
"Response Titre" means the period of time commencing When an ALS First Responder
Unit is dispatched to an EMS Incident anfiending when. Contractor's first ALS. First
Responder Uniterrivesoon the scene of the incident.
"Rules and Regulations" means the rules and regulations *adopted by the Authority,
which is subject to amendment
"Run Cards" means the Regional :9-1-1 Center's computer aided dispatch software
database that, based upon the location of the EMS Incident and a predetermined
listing of ALS First Responder Units which the Contractor has determined to be the
closest by travel time or most appropriate in ranked order, recommends the closest
or most appropriate ALS First Responder Unit(s) to respond to EMS Incidents; or
successor methods such as global positioning satellite (GPS) automatic vehicle
location (AVL) systems.
"Special Act" means Chapter 80-585, Laws: ofFlorida, as amended.
"Special Events" means non-emergencyy events, such as sporting events, parades,
festivals and .other group or mass gatherings, which .may require BLS or ALS
medical coverage.
"State" means the State of Florida.
"State of Emergency" means. a .Disaster which has been declared by proclamation of
the Stater County or a municipality in the County.
"Total Unit Hour Compensation" means Unit Hour Compensation multiplied by the
number of Authority Funded Units provided by this Agreement
"Transport". means the transportation of Patients to a medical facility by Ambulance or
Rescue Unit.
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"Uncontrollable Circumstance" means a Force Majeure, an. EMS Emergency or a
State of Emergency:
"Unforeseen Circumstances means circumstances which could not. reasonably be
foreseen by the Parties at the timeof execution of this Agreement
"Unit Compensation" means the Annual Compensation In a Fiscal Year divided by the
numberof.Authority Funded Units provided by this Agreement.
"Unit Hour Compensation" means the. Unit Compensation divided by Eight Thousand,
Seven Hundred and Sixty (8,760) Hours.
SECTION 202. TERMS GENERALLY. Whenever- the context may require, any
pronoun shall include corresponding masculine, feminine and neuter forms. The words
"include", "includes" and "including" shall be 'deemed to be followed by the phrase
"without limitation", except as the context may otherwise require. The.. words "agree",
"agreement", "approval" and. "consent" shall be deemed :to be followed by the phrase
"which.shell not be unreasonably withheld or unduly delayed", except as the context may
otherwise. require.
ARTICLE I11
REPRESENTATIONS
SECTION 301. REPRESENTATIONS OF .AUTHORITY. Authority represents to
Contractor that each of the following statements is presently true and correct:
(a) Existing. Authority .has all requisite power and authority to carry on its
business as now conducted and to perform its obligations under this Agreement and. each
document contemplated. hereunder to which it is or will be a party.
(b) Due Authorization. This Agreement has been duly authorized by all
necessary actionon the part of and has. been or will be duly .executed and delivered by
Authority and neither the execution and delivery thereof, nor compliance with the terms
and provisions thereof or hereof contravenes any existing law, judgment, govemment
rule, regulation or order applicable to, or binding on Authority.
(c) Enforceability. This Agreement constitutes a legal, valid andbinding.
obligation of Authority enforceable against Authority in accordance withthe terms thereof,
except assuch enforceability may be affected or limited by applicable' bankruptcy,.
insolvency or similar laws, from time to time in effect, which affect.. creditor's rights
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generally and Subject to usual equitable principles in the event that equitable remedies
are involved.
(d) Financial Capability. Authority is fully capable, financially and otherwise,
to perform its obligations hereunder, subject to availability of funds lawfully appropriated
for the purposes provided in this Agreement.
(e) No Litigation. There are no pending, or to the knowledge of Authority,
threatened actions or proceedings before .any court or administrative agency to which
Authority is a party, questioning the validity of this Agreement or any document or action
contemplated hereunder, or which are likely, in any case or in the aggregate, to materially
adversely affect the consummation of the transactions contemplated hereunder.
SECTION 302. REPRESENTATIONS OF CONTRACTOR. Contractor .represents
to Authority that each of the following statements is presently true and correct:
(a) Existing. Contractor is a Florida municipal corporation or independent
special district having all requisite power and authority in Florida to carry on its business
as now conducted, to own or hold or otherwise control its properties, and to enter into and
perform its obligations under this Agreement and under each instrument described herein
to which it is or will be party.
(b) Due Authorization. This. Agreement has been duly authorized by all
necessary action on the part of and has been duly executed and delivered by Contractor
and neither the execution and delivery thereof, nor compliance with the terms and
provisions thereof or hereof contravenes any existing law, judgment, government rule,
regulation or order applicable to or binding on the Contractor..
(c) Enforceability. This Agreement constitutes a legal, valid and binding
•obligation of Contractor enforceable against Contractor in accordance with the terms
thereof, except as such enforceability may be limited bjr applicable bankruptcy, insolvency
or similar laws, from time to time in effect, which affect creditors ridhts generally.. and
subject to usual equitable principles in the event that equitable remedies are involved.
(d) No Litigation. There are no pending, or to the knowledge of Contractor,
threatened actions or proceedings before any court or administrative agency to which.
Contractor is a party, questioning the validity of this Agreement or any document or action
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contemplated hereunder, or which are likely, in any case or in the aggregate to materially
adversely affect the consummation of the transactions contemplated hereunder.
(e) Financial Capability. Contractor is fully capable, financially and otherwise;
to perform its• obligations hereunder subject to availability of funds lawfully appropriated
for the purposes •provided in this Agreement.
ARTICLE IV
DUTIES AND RESPONSIBILITIES OF CONTRACTOR
SECTION 401. VEHICLES AND EQUIPMENT.
(a) Obligation to Provide Vehicles. At all times during the term of this
Agreement,Contractor shall provide the number of Authority Funded Units described on
Appendix. A. Contractor reserves the right to selectand acquire vehiciesand apparatus
used In the performance of this Agreement.
(b} Maintenance of Vehicles and Fuel. Contractor- shall be responsible for
the maintenance and repair of ALS. First Responder Units andfor fumis.hing maintenance,
equipment, supplies,. repairs, spare parts, replacement vehicles and fuel. Contractor shall
maintain records of maintenance *and fuel in order to document that ALS First Responder
Units -are maintained and used in accordance with this Agreement.
(c) Staffing of Vehicles. Each ALS First Responder Unit shall .be staffed in
compliance with Chapter 401, .Florida Statutes,•with a minimum of one (1) Paramedic,
Contractor shall maintain records of staffing in order to document that ALS First
Responder Units are staffed in accordance with this -Agreement.
(d) Equipment and Supplies.. With the exception of equipment maintained by
the Authority in Section 507, Contractor shall fumish and maintain all EMS Equipment,
required to be provided by the Contractor pursuant to Appendix C. COntractor shall also
be responsibteforthe.costof replacing outdated medical Supplies as provided in Section
504, which are lost through inadequate stock rotation; as well as the cost of medical
supplies Which are lost, stolen, damaged, or unaccounted for due to Contractor's
negligence. The Authority shall be responsible for the cost of any medical supplies which
are lost, stolen, or damaged due to a cause other than Contractor's negligence.
Contractor shall be subject to the Authority's On -Scene Equipment Exchange Program.
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(e) Medical Communications Equipment. Contractor shall be responsible
for the replacement of all medical communications equipment that is lost, stolen or
damaged due to Contractor's negligence. Contractor shall also be responsible for all
routine maintenance of such equipment The Authority shall be responsible for the
replacement of any medical communications equipment that is lost, stolen ordamaged
due to a cause other than Contractor's negligence.
(f) Inspections. Contractor shall.allowrepreSentatiVet of the Authority and of
the Medical Director to inspect ALS .First :Responder Units, equipment and ALS First
• Responder Stations .as may be reasonably required to determine compliance with this
Agreement.
(g) Patient •Care Reporting System Equipment. Contractor Shall be
responsible for the replacement of all field equipment for the Patient Care Reporting
System (e.g. notebook computers), that is lost, stolen or damaged due to Contractor's
negligence. The Authority shall be responsible forthe replacement of field equipment for
the Patient Care Reporting System that is lost; stolen or damaged due.to a cause other
than Contractor's negfigence:
SECTION 402. PRIORITY DISPATCH PROTOCOLS'. Contractor shall respond to
EMS Incidents in accordance with the then current Priority Dispatch Protocols. Contractor
and the Authority shall cooperate in implementing periodic enhancements and
improvements to the Priority Dispatch Protocols.
SECTION 403. RESPONSE TIME: Response Time to not less than ninety percent
(90%) of' all EMS Incidents in a FISCal Year which are (1) Prioritized as an Emergency
Response; (2) are Within Contractor's EMS District; and (3) for which. Contractor's ALS
First Responder Unit isdetermined; in accordance with Section 409, to be the First Due
Unit,:shall be within seven (7) minutes and thirty (30) seconds or less; provided, however,
that such Response Time standard shall not be applicable 10 RespOnses. Which occur
during periods of Uncontrollable CircurnstanCes or to.Responset to remote areas or areas
of limited accessibility, as requested by Contractor and approved by the Executive
Director. The Authority and the Contractor desire to maintain Response Times for each
EMS District at: or below the Response Times now enjoyed by each respective EMS
District: Such level of service is met by Authority Funded Units.
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SECTION 404. CONTINUING MEDICAL EDUCATION.
(a) FieldPersonnel. Contractor shall make available its EMS 'personnel. for
Continuing Medical Education as required by state.tegulation, Rules and Regulations and
the:MediCal Control Board. Satisfactory participation by Contractor's Field. Personnel in
Continuing Medical Education provided and made available by the Authority shall
constitute fulfillmentof this obligatibn. Contractor shall .be responsible for ensuring that
its Field Personnel attend Continuing Medical. Education training, either inclassroom-
based training or distance learning methods as determined by the Medical. Director, in
accordance :with the Rules and RegUlations. Contractor may prepare and submit to the
Executive Director a:report evaluating perforrhance Of the CME program. Contractcirs.hall
use.any .p.reparedforMs that the- Atithority.requesta it to use for this evaluation.
(b). CME Instructors. Contractors Will use their best efforts. to provide a
sufficient number.of.CME Instructors to conduct courses: The Authoritywill use its best
efforts .to prOvidea sufncient.nurriber of classes available at regiOnal training sites On
days, times andshifts neceSsarytO rha)drnixe.theavailability of First Responder unitsand
ambulances Up to one hundred .eighty (180)classes per regular CME Course or ninety
(90) classes. for paramedic only CME courses. Contractors understand the Authority is
responsible for:the:provision of CME• instruction and if the pool of CME Instructors made
available by the COntractors is deemed inadequate or Insufficient W.the Authority, the
Authority may electto providethe CME program directly Or through another means.
SECTION 405. MEDICAL QUALITY CONTROL.
(a) Medical Director. •The Medical Director of the EMS System shall also
serve as medical director of Contractor's EMS or ALS First Responder Services.
Contractor may not use or employ another Medical Director for the provision of
Emergency Medical Services within Contractor's EMS District.
(b) Rules and Regulations: Protocols. Contractor shall fully comply with the
Rules and Regulations, including the protocols established in the. Medical Operations
Manual.
(c) Ride -Along. Contractor shall allow the Medical Director and the Executive
Director or their representative to ride in ALS First Responder Units during Responses to
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EMS incidents. However, such representatives shall. conduct. themselves in a
professional and courteous manner, shall not interfere with Contractor's employeesin the
performance of their duties; exceptas necessary to assure protocol compliance and:good
Patient care, and shall at all 'times be respectful of Contractor's employee/employer
relationship. The Medical Director, Executive. Director, or their representatives,. shall
provide proof of employMent, proof of workers' compensation insurance and shall
complete any waiver or release fOrrtis-which may be required by. the 'Contractor priorto
riding in:ALS First Responder Units,
(d) Orr -Scene Patient Care. Contractorshall comply at all 'times with the
Authority's protocol for on -scene .control Of Patient .care. If Contractor's Paramedic is
requested to ride to the:hOspital with.the Ambulance. Contractor's Paramedic, Contractor's
Pararnedicshall comply. Contractor's Paramedic may also. decide to ride to the hospital
with Ambulance ContraCtOr's Paramedic. Contractor shall be responsible for thetetum of.
the Paramedic from. the hospital.
(e) Special Events.. In the event Contractor provides either BLS. Or ALS
medical :overage at a .Special Event in their EMS District, contactor shall be under the
auspices of the AythOrity., the Medical .Control Board and the Medical Director. In
providing medical coverage at .a Special Event, Contractor shall comply -with the .Rules
and Regulations and with :the protocols .established: in the Medical Operations Manual.
Authority Funded- Units will not be Used fOrdedicated special events cciverage.without the
written approval of the Executive Director; Contractorand Authority -will notify each other
of large -Scale Special Events, which may require additionalresourcesor a.dverselyaffect
the EMS -Systern, to ensure coordinated event coverage.
(f) Quality Assurance. .Contractor shall adhere tolhe quality assurance and
quality manager/lent program established by the Medical Director -and shall participate in
quality assurance: reviews;
SECTION 406.. MEDICAL CASE REVIEWS. Medical Case Reviews may -include
access to data, records review, written and verbal statements b.y Field Personnel' and
EMS Coordinatori and attendance at interviews and informal and formal hearings, in
accordance with the. then. current EMS Rules and Regulations and Florida Statute
401.425. Contractor shall :cooperate in obtaining such records, verbal and written
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statements and ensure that its Field Personnel attend Medical Case Reviews when
reasonably requested.
SECTION 407. PERSONNEL..
(a) Training •and Qualifications. All Field Personnel employed by the
Contractor in the performance of work uhder this Agreement shall be trained and qualified
at .a level consistent with the standard established by the Authority for delivering Patient
care and shall hold appropriate credentials in their respective EMS profession.
(b) Standard of Conduct. Contractor's personnel shall conduct themselves in
a professional and courteous manner :at all times. Contractor shall address. and correct
any departures from thisstandard of conduct. COntractor's Field. Personnel.shall be easily
identified as EMTs or Paramedics while on scene of an EMS Incident.
(c) Part -Time Employment. Contractor shall not unreasonably restrict its
employees from seeking or performing part-time employment with Authority's Ambulance
Contractor..
(d) EMS Coordinator.. Contractor shall designate a County Certified
Paramedic as the EMS Coordinator Who will be responsible for performing or supervising,
ata minimum, the.duties and responsibilities of EMS Coordination in accordance with
Appendix F.
SECTION 408: EMERGENCY ASSISTANCE
(a) State of Emergency Assistance within Pinellas County. Immediately
upon notification by the Authority of a State of Emergency. within Pinellas County,
Contractor shall commit such resources as -mutually agreed upon by the Parties, given
the nature of the State.of Emergency and shall assist in accordance with applicable plans
and. protocolsmutually agreed upon by the Parties. During a State of Emergency,
Contractor shall be released from the requirements of Section 403 and the time
requirements of Section 704(a). When Contractor ceases providing assistance with the
State of Emergency., Contractor shall resume norrnal operations as rapidly as is practical
and notify the Authority's authorized representative that Contractor is able to resume
normal operations considering exhaustion of personnel, need for restocking and Other
relevant considerations.
• Emergency Medical Services
ALS First Responder Agreement
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(b) State of Emergency Assistance Outside. of Pinellas County. Contractor
Shall manage any State of Emergency assistance.response outside of Pinellas County in
a mannerwhich does not prevent Contractor from rendering services .in accordance with
this Agreement.
(c) EMS Emergency. Immediately upon notification by the Authority of an
EMS Emergency, Contractor shall assist in the locality where the EMS Emergency has
occurred. The level of assistance provided by Contractor shall be mutually agreed upon
by the Parties. During: an EMS Emergency, the Contractor- shall be released from the
requirements of Section 403. When Contractor ceases providing assistance during an
EMS Emergency, Contractor shall resume normal operations as rapidly as is practical
considering exhaustion of •personnel, need for restocking, and other relevant
considerations. During the course of an EMS Emergency,. Contractor shall use best
efforts to continue to proviclelocal ALS emergency coverage.
(d) Condition 3M. During periods of Condition 3M, Contractors with Rescue
Units shall Transport Patients from EMS Incidents to area hospitals. Contractor shall
foliowthe then current Medical Operations Manual .Protocols or rnedical control directives.
(e) Mutual Aid. Mutual aid responses outside of Pinellas County, rendered by
the .Contractor outside of Pinellas County that are not due to a State of Emergency or
EMS Emergency, shall be. performed in accordance with the terms and con,ditions of this
Agreement.
SECTION 409. AUTOMATIC AID/CLOSEST UNIT RESPONSE. Upon notification
by the Regional 9-1-1 Center of an EMS Incident, Contractor shall provide ALS First
Responder Services in accordance with the. Autortratic Aid/Closest Unit. Response
Agreement. The ALS First Responder Unit which is predetermined to be the closest to
the emergency scene, by the ..Run Cards, shall be dispatched without regard to EMS
District or jurisdictional boundaries. In the event that the Automatic Aid/Closest Unit
Response Agreement is terminated, Contractor shall provide ALS First Responder
Services in accordance with the then current Run Cards for all EMS Incidents. The
Contractor's authorized representative will periodically, orat the request of the Authority,
update their Run Cards to ensure their accuracy and coordinate any changes with any
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ALS First Responder Agreement
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affected Contractor(s).
SECTION 410. MEDICAL SUPPLIES AND INVENTORY CONTROL. Contractor
shall establish and implement inventory control procedures for the stocking end use Of
medical supplies: Contractor shall report,. as of September 30th during each year this
Agreement is in effect, the balance* of all medical supplies held by the Contractor in
inventory.. Such report will list the item's identification number, the.item's description, and
the quantity held. Contractor will report the quantity of medical supplies which are lost,
damaged, :or unaccounted for, due to .Contractor's negligence, and medical Supplies
unusable due to inadequate stock rotation.. ContraqtOr agrees to not maintain 'more than
thirty (30) days of Medical suPplieS. in stock based upon historical use. Contractor shall
maintain inventory records that identify all ALS First Responder Unit supplies issued from
stoCkand will keep stock under lockso that access is limited to onlyauthorized personnel.
Contractor shall adhere to inventory control procedures thatthe Authority may require, as
long as they are reasonable and prudent. ContraCtor shall follow all federal, state and
local laws And protocols in the distribution and handling of controlled substances.
Contractor shall provide list of personnel authorized to receivecontrolled substances from
the warehouse and any change to such list.
SECTION 411. PATIENT CARE REPORTING SYSTEM. Contractor shall
cooperate with the Authority in refining and improving the fully integrated, electronic
patient care reporting system. This system shall meet the information needs of the
Contractor, the Medical Director, the Medical Control Board and the Authority. Contractor
shall gather and enter data into the Authority's electronic patient cafe reporting system
for every Patient encountered and every EMS Incident responded to by the Contractor's
Field Personnel. Operating costs of this information system shall be the responsibility of
the Authority. The Executive Director shaiF determine the start date and implementation
timeline to .ensure seamless implementation in the EMS System.
The database of the Authority's patient care reporting system shall be fully
comprehensive, including complete and integrated information on all EMS System
activities beginning with the receipt of an EMS incident; dispatch activities and Response
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ALS First Responder Agreement
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Times; every Patient assessment and all treatment rendered. while COntractors Field
Personnel are attending the P.atient. Contractor 'shall require Field Personnel to comply
with the completion of patient care reports and the data entry requirements of the EMS
System and ensure. the accuracy and completeness of such reports, as approved and
periodically revised by the Authority. Authority agreesthat the procedures used to
implement and operate the electronic. patient care reporting system. shalt be mutually
agreed upon by the Parties.
Contractorshail have unlimited access,. regardless of storage lo.cation ormedium,
to electronic. patient care reports generated by the Contractor's. EMS personnel :and all
dispatch -related data.
Contractor and Authority shall Wori(Collabbrativeiy to evaluate software and data
systems utilized in the deliVery of ALS First ReSpcinder Services to.ensure data is readily:
available to perform quality assurance and qualityimprovement by the Contractor and:the..
Authority and such systems support Field Personnel in rendering .patient Carp and.
responding to EMS Incidents.
§ECTION 412. UTILIZATION OF REGIONAL.9-1-1 CENTER..
(a) Regional 9-1-1 Center. Contractor shall utilize the Regional :9-14 Center
•for the dispatth of all BLS and ALS First Responder Units to EMS Incidents. Contractor
shall utilize the Regional 9-1-1 Center's radio and data systernS to include, but not limited
to, computer aided dispatch (CAD) software; mohlle communications terminal software,
and. the COUnty'S. pubticsafety and intergovernmental voice and data radio system.
Contractor shall provide and maintain all fire station alerting systems, base stations,
pagers, fire station computers and peripherals, all mobile and portable radios except as
provided in Section 503, and mobile communications terminals and radio modems to
communicate with the Regional 9-1,1 Centers radio .and data system follOwing the
County's technical specifications.
Authority shall provide and maintain, at no cost to the Contractor, :all necessary
broadband networking from Fire Stations to the Regional 9-1-1 Center's data system,
access to .the Coprity's 800MHz High Performance Data (HPD) system, and cellular
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ALS First. ResponderAgreement
Page 22
airtime for all -Authority and ContractOr Funded Units and reserve Units following the
County's technical specifications.
Authority shall provide a mutually agreed upon appropriate planning phase, costanalysis,
changes in the. County's technical specifications, and implementation plan .for any fUtUre
upgrades or system changes.
Contractor shall ensure all frontline ALS First Responder Units are equipped with GPS
enabled mobile communications terniinals running Mobiie CAD software, Contractor
shall ensure GPS enabled mobile communications terminals are kept in working order
and repaired in a timely manner to ensure efficient and accurate dispatch.
(b) Requests for Einergency Medical AstIttance. Should Contractor
receive. any request for emergency medical assistance, including walk-ins, Contractor
Shall record the address and telephone number of the caller, obtain the location and
nature of the emergency, shaliimmediately respond to the request for emergency medical
assistance, if appropriate, and shall immediately advise the 9-1-1 Center of the
information received, and the Response initiated by Contractor, if any.
SECTION 413. COMMUNITY INVOLVEMENT. Contractor IS encouraged to make
available to their local.pomtriullity, health promotions and preitention education (i.e., CPR
training, public access defibrillation programs, drowning prevention, health risk
assessments). The programs may be developed by the individual .contractor or in
coordination with the -Medical Director or the Authoft.
Contractor may elect to participate in. the. Authority's public
education/prevention/community outreach/community paramedic programs that .are
established,. as set forth in the. EMS Rules and Regulations and approved by the Medical
Director. .Public .Educators/Community Paramedics may be utilized to teach CPR, first
aid, drowning prevention, fall prevention or any other type of EMS specific public
education, or prevention program or established community paramedic/outreach
program.
SECTION 414. L10ENSURE AND CERTIFICATION. Contractor shall.maintain the
appropriate licensure with. the Department as an ALS provider, Contractor or Contractor's
employees, as the case may be, shall be responsible for payment of any fees associated
Eniergency Medical Services,
ALS Plitt Responder Agreement
Page 2a
with EMS and Paramedic Certification and recertification using funds:provided under this
Agreerrierit:
SECTION 41.5.. ACCURATE INFORMATION. Any news releases, statements, or
public.information given by the Contractor's or Authdrity's personnel to the ptiblid or the
media shall accurately reflect the design and operation of the .EMS System:
ARTICLE V
DUTIES AND RESPONSIBILITIES OF AUTHORITY
•SECTION 501. MEDICAL DIRECTION AND CONTROL The Authority shall be
responsible for providing, or cause tabe provided, Medical Direction and Medical Control
to the COntractOr:
SECTION 502. CONTINUING MEDICAL EDUCATION. Authority shall provide and
make availableloContractor a Continuing Medical Education training program atpultiple,
regionally located training sites and not at a. single, centralized training site. AuthOritY
Shall endeavor to utilize distance learning methodologies and technology to deliver CME
training whenever possible..
SECTION 503. MEDICAL COMMUNICATIONS EQUIPMENT. Authority has
provided, or shall provide, as applicable, one (1)800'MHZ Mobile Radio, and one (1) 800
MHZ Portable Radio for each Authority Funded Unit approved on Appendix A. The radio
equipment shall be installed in the Authority Funded Units by the Contractor and become
Contractor's property. Contractor shall be responsible for such equipment, as provided
for in Section 401(e) hereof. Authority shall be responsible for replacing such equipment
at the end of its reasonable useful life, as determined by the Authority. The Authority's
plan is phased replacement of this equipment over the term of the Agreement subject to
available funding.
SECTION 504. MEDICAL SUPPLIES. The Authority shall provide and replace, as
necessary, without cost to Contractor, the medical supplies used by Contractor in
rendering Patient care under this Agreement. The Authority shall deliver, or cause to be
delivered, all medical supplies, except controlled substances, every two weeks to
Contractor's designated medical supply receiving location. Contractor's authorized
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ALS First Agreement
Page 24
representative shall sign for and pick up controlled substances at a central location
designated by the Authority. The. Authority shall not be responsible for costs:of replacing
inventory items lost, stolen, damaged or unaccounted. for due to Contractor's -negligence
but the Authority shall be responsible for the costs of replacing inventory items lost, stolen
damaged or unaccounted for due to .a cause other than Contractor's negligence. Where
applicable, Contractor shall relocate supplies nearing their expiration dates to ALS First
Responder Units serving areas of higher demand within their EMS. District. Al!
medications add supplies shall be returned to the Authority not later than sixty (60) days
after the respective expiration dates. If such. medications and supplies are not returned
to Authority within sixty (60) days after their respective expiration dates, or at the direction
of the Medical Director, Contractor shall be charged for the.replacement of such Supplies.
A fully comprehensive narcotic control system shall be provided by the: Authority. to
indude boxes, electronictocks, and web -based tracking software.
SECTION 505. EXTRAORDINARY MODIFICATIONS. Notwithstanding the
provision of Section 401(13) hereof, Authority shall separately provide and fund any
modifications to ALS First Responder Units.or equipment which. may be required by the
Authority and which do not constitute routine maintenance, .repair or replacement
SECTION :506. BILLING. The Authority shall have sole responsibility for submitting
daims for transports made by eitherthe Authority or by Contractor.
SECTION. 50t. IECG EQUIPMENT AND MAINTENANCE. The Authority shall
:provide all electtocardiograrri (ECG) Monitoring/defibrillation equipment for Authority
Funded and COntrador Funded Units including adequate spare equipment (up to *3070
abovethe nuniber of Units). Contradbr agrees totontinue using the Contractor's current
equipment on any Contractor Funded Units over its useful *life Which equipment will be
maintained by the Authority and repaired or replaced at :the Authority's option. The
Authority shall be responsible for replaCing such equipment at the end,of a reasonable
.useful life; es -determined: by the Atithority. At the pOiht that the equipment is replaced
with new equipment, the Contractor will transfer ownership of the equipment being
replaced to the Authority who will trade in the used: equipment to reduce the cost of
Ernergency Medical Services
ALS First Responder Agreement
Page 25.
replacement Contractor shall be responsible for any repairs that are necessary due to
Contractor's negligence.
SECTION 508. BIOHAZARD WASTE COLLECTION. The Authority shall provide
or cause to be provided, the collection and disposal of all biohazard waste from ALS First
Responder Stations on a periodic basis, no less than monthly. Contractor shall follow
any procedures necessary for biohazard waste to be collected.
SECTION 509. PATIENT CARE REPORTING SYSTEM EQUIPMENT. Authority
shall provide, as applicable, a ruggedized notebook or tablet computer for each Authority
Funded and Contractor Funded Unit including adequate spare. equipment (up to 30%
above the number of Units). The equipment shall be utilized.on Authority Funded Units
and Contractor Funded Units by the. Contractor for the purpose of completing electronic
patient care reports. Only Authority authorized software and peripherals 'may be utilized.
to ensure a highly reliable and coordinated system. Authority provided patient care
reporting system equipment shall remain -property of the Authority. Contractorshall be
responsible for such .equipment, as provided for in Section 401(g) hereof. Authority shall
be responsible for maintaining such equipment and replacing it at the end of a reasonable
useful life, as determined by the Authority. Contractor agrees to continue using the
Contractors.current equipment on any Contractor Funded Units over its useful life which
•equipment will .be maintained by the Authority and repaired or replaced at the Authority's
option.. The Authority shall be responsible for replacing such equipment at the end of a
reasonable useful life, as determined by the Authority.
SECTION 601.
ARTICLE VI
INSURANCE AND INDEMNIFICATION
MINIMUM INSURANCE REQUIREMENTS. Contractor shall be self-
insured or shall pay for and maintain at least the following insurance coverage and limits
as listed below. Insurance coverage and limits shall be. evidenced by delivery to the
Authority of: a certificate of insurance executed by the insurer(s) listing coverage and
limits, expiration dates and terms of policies and all endorsements whether or not required
by the Authority, and listing all carriers issuing said policies; and, a certified copy of each
policy, including all endorsements. Where: applicable, Contractor shall submit to Authority
Emergency Medical Services
ALS Firet.Responder Agreement
Page.26
a .letter from Contractor's Risk Manager stating that Contractor is. self-insured, or- the
.amount of insurance per claim and per occurrence, any. gap and the amount of -excess
insurance pp to.its- coverage...Notwithstanding anything-to the-contrary contained in-this
Agreement, Contractor does not waive any immunity-or limitation of liabilitysit may have
under the doctrine of sovereignimmunity or Section 768.28 Florida Statutes. The
following- insurance requirements shall remain. in effect throughout the term of this
Agreement (unless Contractor is self-insured, in which case Contractor 001 not be
required to comply-With -the:folloWing Insurance requirements):
(a) .Provide Workers' compensation insurance as required by Florida Law.'
(b) Provide -commercial general liability, employers' liability and commercial
vehicleliability insurance that reflects the. limits of liability for governmental entities.
in accordance. With Section 766.28(5),. FA, :should the State. Legislature change
these lierilts, cOverage-consiStent with the revised limits shall beobtained.
(c) Professional Liability. Insurance,. including errors and omissions, with
minimum limits of $1,000,000 per Occurrence; if occurrence form is available; or
claims made form with "tail coverage" extending three (3) years:bey.ond the ending
date of this Agreement. 'In lieu of "tail coverage" the, COntractor may submit
annually to :the Authority a current certificate -of insurance proving claims made.
insurance remains in force throughout the same three- -(3) year period. This
coverage is stibject-to statUtory and regulatory requirements of Federal, State or
local law.
(d) Personal and/Or Bodily injury including death and property damage liability
insurance with minimum limits of $1;000,000Combined Single Limit insurance in
excess of all primary coverage.
SECTION 602. ADDITIONAL INSURANCE REQUIREMENTS:. To the extent that
Contractor maintains insurance policies rather than being self-insured, each insurance.
policy shall include the following conditions by endorsement to the policy:
(a) Each policy shall require that forty-five (45) days prior to expiration,
cancellation, non-renewal or any material change in coverage or limits, a notice.
thereof shall be given to Authority. .Contractor shall also notify AuthOrity within
twenty-four (24) hours after receipt Of any notices of.expiration, cancellation, non-
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ALS• Firat Respcinder Agreement
Page 27
renewalor material changes • in Coverage received by said Contractorfrom its
insurer.
(b) Companies issuing the insurance policy, or policiesi shall haven'o recourse
against Authority .or County for payment of. premiums or assessments for any
deductibles which aliare at the sole reppOnsibility.arid HSI( of Contractor.
(c) The Authority shall be endorsed to the required policy Or policies at an
additional insured, exclusive of professional liability inturance.. The additional
insured clause covers the -actions of the Contractor -while providing.services under
the terms ofthis Agreement.
(d) The policy clause "Other Insurance" shall not apply to any insurance.
Overage currently held by the Authority Or the 'County,. to any such future
coverage, Or to COUnty's'Self-Insured-Retention of whatever n.ature,
SECTION 603. LIABILITY. Contractor and Authority agree to be fully.responsible
for their own acts & negligence or their respective agents' acts of negligence .then acting
within the scope Of their employment and agree to .be liable for any.damages.resuttin.g
from said negligence. Nothing herein is intended to serve as a waiver of sovereign
immunity or the limits of liability contained in Section 768.28, Florida Statutes, by the
Contractor, County or Authority.. Nothing herein shall be construed as con.sent. by
Contractor or .Authority to be sued by third parties .in any manner arising out of this
Agreement. Contractor is not liable for the causes of.action arising out of the negligence
of the.Authority, its employees or agents, or arising out of the negligence of any persons
or entities contracted by, appointed by, or approved by the Authority to provide services
related to this Agreement (including but not limited to other Contractors, the Ambulance
Contractor, 'Medical Control Board .and Medical Director).
This Section 603 shall survive expiration or earlier termination of this Agreement.
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Page 28
ARTICLE VII
COMPENSATION AND OTHER FINANCIAL PROVISIONS.
SECTION 701. COMPENSATION.
(a) FY 2022-2023. Authority and Contractor have agreed to an amount
reflecting Contractor's submitted budgetfor EMS setvices during Fiscal Year2022 —
2023.. The approved budget amounts for the Fiscal Year.00mrnencing October 1, 2022,
shall be equal to that shown an Appendix A.
(b) Budget Submission for FY2023-2024.. Contractor shall submita
budget by.April 1st for Fiscal Year 2023/2024 for the Authority's review and approval.
Budget shall be prepared in the same manner as the budget submitted. for FY 2022-
2023, so long as said budget is. less than a three (3) percent.increase from the prior
Fiscal Year andthe Authority shall pay Annual Compensation:to Contractor in
accordance with said approved budget.
(c) Funding for Rescue Unit, Medic Unit and Staff Vehicle. Replacement.
Authority will provide funding for Authoritylunded rescue units, medic units and the
proportionate share of EMS Coordinator staff vehicles. Fire engines and other fire
apparatus are. not subject to EMS vehicle:replacement funding. Units will be.replaced
after at least five (5)'years, but: no more than seven (7) years,, of -frontline service.
Contractor represents that its.projected capital replacement needs are as shown in
Appendix A. The Authorityshali *determine a standardized reimbursement amount for
rescue units, medic units and staff vehicles each Fiscal Year based Upon the then
current market rate for such vehicles as stated in the EMS Authority's annual budget
and capped therein. The amounts for FY22-23 are .rescue units ($250,000), .medic units
($100,000), and staff vehicles ($50,000).
(d) Rescue Unit Transport Compensation'.
Authority shall .reimburse Contractor,monthly in arrears, for Transports by Rescue Units:
that comply with the Medical. Operations Manual Transport Protocol at a rate of $100,00
per Transport. Rescue Unit Transports that do not comply with the Medical Operations
Manual Transport Protocol shall not be reimbursable.
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ALS Fir*. Reeponder Agreement.
Page..29
(e) Unit Hours.. Authority may :purchase Unit Hours to staff additional
Rescue Units to Transport Patients at the Authority's discretion through its Executive
Director. The Authority shall reimbursethe Contractor for its actual costs of salary and
benefits up to .$75.00 per hour for each crew member ofa two -person crew
(Paramedic/Paramedic or ParamedidEMT) for overtime or backfill coSts:for hours that
are actually perfOrmed and preapproVed in writing by the Authority. Such additional
'Units or.Unit Hours may be used routinely, epiSodically,. ol- during peak demand periods
to maintain the level of service and. Response Times for Ambulance Services.
Personnel from different Contractors. maybe.paired. to place *additional Rescue Units in
service.
(f) Pavment. Payments shall be paid•mOnthly in arrears in (approximately)
eqUal Monthly Installments.
(g) Station/Overhead Allowable Costs. Contractor shall be reimbursed for
up to 1.0% of the Fiscal Years approved budget in accordance with Resolution 14-65
for station and overhead. costs: Such paymentshall be made byte Authority tothe
•COntraCtor after receipt of the audit attestation shown in Appendix D.
(h) Extraordinary Budget Increase. if' any proposed budget submitted by
Contractor to the Authority for the following Fiscal Year should. exceed three (3) percent
of the prior Fiscal. Year's budget Authority and COntractor agree to* reopen this. Section
701 to negotiate, no. later than May 1st of the then current Fiscal Year, the Annual
Compensation forthe following Fiscal Year. For any Fiscal Year in which Section 701 is
reopened to negotiate the Annual Compensation forthe following Fiscal Year, if Authority
and Contractor cannot reach agreement.on the Annual. CompensatiOn by June 30, this:
Agreement shall terminate on the lastday of the then current Fiscal Year. ConttaCtor and.
Authority must approve theffnal negotiated. AppendiX "A" prior to the beginning of the next
Fiscal Yeat if the proposed budget fOr the following Fiscal Year will exceed three. (3)
percent increasefrom the prior Fiscal Year's budget.
SECTION 702. CME AND PUBLIC EDUCATION REIMBURSEMENT:
(a) Learning Management System. The Authority shall reimburse .annually,
:in the first payment in each Fiscal Year; the Contractors cost for the use of the Leaming
Management System fOr its students. Such reimbursement *shall be fifty percent (50%)
Emergency Medical Services
ALS First Responder Agreement.
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Of the- PoSts.of use ofthe Learning. Management .System up to $60.00 per student per
Fiscal Year (does not include payment for stud.ent training time). The reimbursement
.amount.shali.note.xceed $125,000.00. in any Fiscal Year.
(b} Reimbursement f�r CME Instructors.. TheAuthority shall reimburse•each
Cbntractorfor the actual cost ofsalary and benefits up to $75.110 per .hour for overtime.or
backfill. costs for the Contractor's CME Instructor hours.that.are. actually performed and
.preapproved in Writing,..through the publithed master EMS training calendar by the
Authority. Contractor .may establish .a.rate of pay for CME Instructor which shall .be
subject to the $75.00:per hour cap. The Authority shall notreimburse Contractor for.the
personnel costs for stidentsto attend CourteS- or CME Instructor hours that are not
preapproved in writing. Contractor shall :.submit invoices to Authority utilizing .Appendix E
within twenty (20) ciay.S.following the lastday Of each month. The Authority shall process
such invoices for payment within twenty (20) days .of receipt or reject the invoice. if it is
incomplete or inaccurate. Contractor shall be reimbursed monthly in arrears'. For each.
year during the term of this Agreernent, .the total compensation amounts shall be
established through the Autharitys budget process, but in no event, shall the cumulative
compensation to all Contractors °for all payments under this. provision,. and payment for
the analogous training provisions of the Ambulance Services .Agreement, as amended,.
for any Fiscal. Year exceed the amount budgeted bythe-Authority. The reimbursement
amount -shall notexceed $1,000;000.00.inlanyfiscalYear.. Itis recognized.bythe Parties
that no paymentmay be compelled or made without -4a budget amendment approved by
the Authority for .ariy compensation that exceeds the total cOmpensation authorized.
through the Authority approved budget: for CME training. It is .further agreed :.and
.Understood among the. Parties thattheAuthority may not compel the Contractors to incur
'expenses beyond the: Authority's approved budget amount until such 'time as a budget
.amendment raising such budget is approved..
(c) *Reimbursement for Public Education/Prevention/Community
Paramedic Programs. The Authorityshall reimburse each Contractor for the actual cost
of salary and benefits up to $75.00 per hour for overtime or backfill costs for the
Contractor's Public Educator/ComMunity Paramedic hours that are actually performed
Emergency Medical Services
.ALS First•Responder Agreeinent
Page3l
and preapproved in writing, through the published master EMS public
•education/prevention/community paramedic calendar, by the Authority. Contractor may
establish a rate of pay for Public Educator/CommunityParamedic which shall be subject
to the $75.00 per hour cap. The Authority shall not reimburse. Contractor for the personnel
costs for Public EdUdator/CoMmunity ParatnediC hours that are riot preapproved in
writing. Contractor shall submit invoices to Authority Utilizing Appendix E within twenty
(20) days folk:ming the last.day of each month. The Authority shall process such invoices
for payment within twenty (20) daysof receipt or reject the invoice if it is incomplete or
inaccurate. Contractor shall be reimbursed mOnthlyzin arrears. For each year during the
term of this Agreement, thetotal compensation arnounts.shall be established through the
Authority's budget process, but in no event,: shall the cumulative compensation to all
Contractors for all payments under this provision, and payment for the analogous training
provisions of the Ambulance Services Agreement; as amended, for any Fiscal Year
exceed the arnount budgeted by the Authority. The reimbursement shall not
exceed $250,000,00 in any Fiscal Year. lt is recognized :bythe Parties that no payment.
may be coMpelled or Made without.a budget amendrrient.approved by the Authority for
any compensatIOn that exceeds the.tOtal compensation authorized through the:Authority
approved budget for Public Education/Community Paramedic programs. It Is further
agreed and understood among the Parties that the Authority may not compel the
Contractors to incur expenses beyond the Authority's approved budgetamount until such
time as a budget amendment raising such budget is approved,
(d) Reimbursement for Participation in Countywide Quality improvement
Committees. The Authority shall reimburse each Contractor for the actual cost of salary
and benefits up to $75.00 per hour for overtime or backfill costs for the Contractor's Field
Personnel to participate in countywide quality improvement committees based upon the
hours worked which have been preapproved in writing by the Executive Director or
designee. The Authority shall not reimburse Contractor for the personnel costs that are
not preapproved in writing. Contractor shall submit invoices to Authority utilizing
Appendix E within twenty (20) days following the last day of each month. The Authority
shall process such invoices for payment within twenty (20) days of receipt or reject the
•Emergency Medical. Services
AL.S. First Responder Agreement
Page:.32
invoice if it is incomplete or inaccurate. Contractor shall be reimbursed monthly in arrears.
For each year during the term of this Agreernent, the total compensation amounts .shall
be established through the Authority's budget process, but in no event, shall :the
cumulative compensation to all Contractors fora payments under this provision, and:
payment for the analogbus training provisions of the Arnbulance Services Agreement, as
•Ai -trended, for any Fiscal Year exceed the amount budgeted by the Authority. The
reimbursement amount *shall not exceed $25,000.00 in any Fiscal Year. It is recognized
by the Parties that no payment may be compelled or made.without a budget amendment
approved by the Authority for any compensation that exceeds the total compensation
authorized through the Authority approved budget for quality ImprOyernent:committees.
It is further agreed and understood among the Parties that the Authority maybot cOrnpel
the Contractorsincur expenses beyond the Authority's approved budget amount until
such time as a budget -amendment raising such budget is approved.
(e)' Reimbursement for Participation in Countywide Advanced Practice
Paramedic Medical Traininol The Authority shall reimburse. each Contractor for the
actual cost of salary and benefits t�: $75.00. per hour for or backfill costs for
the COntractor'S Advanced Practice .Paramedics to attend and participate in countywide
medical training for special operations teams based upon the hours worked whichhave
been preapproved in writing by the Executive Director or designee. The Authority shall
not reimburse Contractor for the personnel costs that are not preappro.ved In writing.
Contractor shall submit invoices to Authority 'utilizing Appendix' E Within tWenty (20) days
following the last day Of eaoh. Month. The Authority shall process such invoices for
payment within twenty (20) days .of receipt .or reject the .invoice if it is incomplete or
inaccurate. Contractor shall be reimbursed Monthly in arrears. For each year during the
term Of this Agreement, thetotal compensation amounts shall be established thro0h.the
Authority's budget process, but in n� event, Shalt the cumulative compensation to. all
Contractors lot all payments under this provision, and payment forthe analogous training
provisions of the Ambulance Services Agreement, as amended, for any Fiscal Year
exceed the amount budgeted by the Authority. It is recognized by the Parties that no
payment may be compelled ot made without a budget amendment approved by the
Authority for any compensationthat exceeds the total compensation authorized:through
Emergency Medical Services
ALS. First ReSponder Agreement
Page 33
the. Authority approved budget for Advanced Practice Paramedic Medical training. It is
further agreed and understood among the Parties that the Authority may not compel the
Contractors to incur expenses beyond the Authority's approve:I budget amount until such
time as a budget amendment raising suCh budget is approved.
SECTION 703. DEDUCTION FOR FAILURE TO PROVIDE FIRST RESPONDER
•UNIT. In the event Contractor fails to prOyide an ALS First Responder: Unit or substitutes,
a BLS First. Responder Unit instead of an ALS First Responder Unit, for an extended
period (as described Wolk!) of time and withoutthe advance approval of the Authority,
the Authority may deduct an amount equal to the Contractor's Unit HourCompensation
multiplied by each hour or portion thereof for each day or portion thereof that .the
Contractor has failed to provide an ALS First Responder Unit. Such deduction shall be
made froin the following Monthly Annual Compensation payment. For purposes of this
Agreement, an extended period of time means, with respect to mechanical problems and
personnel, more than four (4) consecutive hours in any given day, and with respect to
training, more than ten (10) hours in any given day; provided however that Section 703
shall not be applicable when the Executive Director has waived the provisions of Section
703, or when Contractor has failed to. provide an ALS First Responder Unit or:substitutes
a SLS First Responder Unit during periods of Uncontrollable Circumstances.
SECTION 704. PROVISION OF BILLABLE PATIENT CARE REPORT.
In the event that the Contractor transporttsa Patient, in compliance with the then current
MedicalOperations.Manual transport protoCols, Contractor shall provide a.billable Patient
Care Report to the Authority within four (4) business days from the date of service. The
report. shall include, at a minimum, the medical reason for Transport, -the Patienfs
condition, the Patient's demographic inforMation,•the Transport mileage, and all 'Medical
Care rendered. Contractor's Field Personnel shall obtain the Patient's signature and any
Other signatUreS necessary to processa
.SECTION 705. ADJUSTMENT FOR EXTRAORDINARY COST INCREASES.
Contractor may apply for and receive prospective compensation adjustments to the
Annual Compensation as necessary to offset documented increases In Contractor's cost
of production directly resulting from increases in the prices paid by Contractor for fuel due.
to Unforeseen Circumstances and subject to the following stipulations:
• Emergency Medical.Services
ALS. First Responder Agreement
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(a) Contractor Must document, using generally accepted -accounting
procedures, the actual financial impact of the increased fuel prices upon
Contractor's costs -of production.
•(b) Only the effects of increased direct fuel prices -excluding any effects of
increased fuel consurription, overhead allocations and indirect Costs -shall be
considered.
SECTION 706. FUNDS TO BE USED SOLELY FOR EMS FIRST RESPONSE.
Contraotorrecognizes-thatmonies received hereunder are derivedfrom the. EMS Mill and
that the EMS Mill, :pursuant to referendum, has been dedicated solely to the provision of
Emergency Medical Services: Contractor,. therefOre, agrees.that funding provided under
this Agreement will be used. strictly for the provision of the services described herein.
Contractor shall have an Annual External Audit conducted by. a *Certified Public
Accounting firm to verify the Authority funded EMS income, Authority funded EMS
expenditures, and Authority funded EMS reserves. The Annual External Audit Shall
'include the "EMS Financial information Attestation Form" prepared.by the Contractor and
signed by the Contractoes auditor. The required "EMS Financial Information Attestation
Rite is attached as Appendix D. Contractor .shall provide to .Authority the. audited
financial statement that includes the. "EMS Financial Information Attestation Formwithin
ten (10) business days of Contractor's receipt of the Annual External Audit. *The cog Of
the Annual External Audit -will beexpended from.COntractor's EMS:.funds. Contractor shall
ensure that personnel cost reimbursements from the Authority for special. operations
training, continuing medical education instruction, public education, or other
reimbursements are not funded twiceli.e. funding provided in the submitted budget and
reimbursement made by the Authority.):
SECTION 707. FUTURE/ADDITIONAL SERVICES. Contractor and Authority
understand that, in the future; .health.care delivery and Emergency Medical Services may
evolve to include pathway management, an expanded scope. of practice, primary care
services or other activities where EMS resources provided under this Agreement maybe
used. Contractor and: Authority shall discuss the manner in which such additional
services shall be effected, .evaluate the relationship of such servides;. and determine the
impact of such services -on the EMS system. Contractor's: obligations shall be, limited to
Emergency Medical Services
ALS FirstiRespondeVAgreement
Page.35
those specifically set faith in this Agreement. Contractor shall not be responsible for
providing any additional services unless Contractor agrees :in wilting to provide such.:
additional services.
'SECTION 708. ADDITIONAL UNITS.
(a) Authority Funded: During the terns of the Agreement, the Authority may
deterMine that additional Authority Funded Unit(S) .are needed. Additionally, Contractor
may teqUeSt. thatconsideration be given for approval of an additional Authority Funded
Unit. If the Authority determines that additional Authority Funded: Unit(s) are needed from.
Contractor then Authority and Contractor shall negotiate a Mutually agreeable
compensation for such additional Authority Funded Unit(s). In those instances'. where the
Contractor requests Authority to approve additional Authority Funded Uri*); the
Authority shall meet with the Contractorto determine the nee.d for the requested Authority
Funded Unit(s.). If approved, the Authority will •negotiate a mutually agreeable
.compensation for such additional Authority Funded Unit, Units or Unit Hours,
Compensation for such additional Authority Funded Unit(s), or Unit Hours:, shall begin.
Upon approval by the Authoiity through the approval of an updated Appendix "A" by the
Parties..
(b) Contractor -Funded. Contractor and Authority understand that the EMS
System is a unified, integrated System requiring the cooperation of all providers in the
EMS System.. To ensure coordinated implementation of any improvements t� the EMS
System and t� ensure the integrity Of the EMS System, if Contractor desires to operate
additional ALS•First Responder Unit(s) as a Contractor Funded Unit, Contractor will obtain
.approval from the Authority -in writing prior to operating the Contractor Funded Unit.
Contractor may elect to ceaseoperationd a Contractor Funded Unit at its sole diScretion.
Contractor is, responsible for ali costs associated with staffing, equipping and operating
Such Contractor Funded Units. The Authorityshall provide Medical Control and medical
equipment and supplies for authorized Contractor Funded Units.
SECTION 709. AUDITS AND INSPECTIONS. At any time during normal business
hours, and as often as may reasonably be deemed necessary, representatives of the
Authority or Medical Director may observe Contractors operations. Contractor shall
Emergency Medical Services
ALS First Responder Agreement
Page,36
make available to Authority for its examination, its records with respect to ..all matters
.covered by this Agreement, and Authority may auditexamine, copy, and make excerpts
or transcripts. from such records, and may make audits.. of all contracts, invoices„
materials, payrolls, inventory records, records of personnel, daily slogs; ConditionsOf
employment, and other data related to all Matters cave* by thisAgreernentio the extent
permitted by law:
Contractor 'shall make available to the Medical Director its records:with respectio
all .clinical matters .covered by this .Agreement. and. the Medical Director may .audit;
examine, copy and make excerpts ortranscripts from such records and: irispectiOns to the
extentpermitted by law.
The Authority's. right to observe .and inspect operations orrecordS in Contractor's
business office shall, however, be .restricted to normal business -hours, and reasonable.
notificationshall be given the Contractor in advance .of any. such visit.
Records relating to cOntraCt-actiVities shaii be retained for three .(3) years from final
'payment in eachyear.
-All representatives of the Authority; Medical Control Board. and. Medical Director
Who .observe Contractor's. operations or audit Of examine :Contractor's record's .shall
conduct themselves in a. polite. manner;. complete any training required by law; and not
interferewith.COntractor's. employees' duties. AUditsand inspections shall be done to.the
extent permitted by law.
SECTION 710. FISCAL NON -FUNDING. In the event sufficient budgeted funds are
not available for a new Fiscal Year, the:Authority shall timely notify Contractor of such
occurrence ptiot to the end of the current Fiscal Year and this Agreement shall terminate
on the last day of current Fiscal Year.
ARTICLE VIII
TERM AND TERMINATION
SECTION .801, TERM. The initial term of this Agreement shall be for two (2) years,
commencing October 1, 2022 and ending at midnight September 30, 2024, unless this
Agreement is earlier terminated as provided for herein in this Agreement. This Agreement
may be extended for an additional five (5) year period following the initial term, provided
Ernergency Medical Services
ALS First • Responder Agreement
Page 37
that the Parties mutually agree in writing to such extension which is subject to Authority
and Contractor approval prior'' to July 1, 2024, which is subject to Authority, City Council
or District approval prior to .September 30, 2024. References in this Agreement to "Term"
shall include the initial term of this Agreement and all extensions thereat The effective
date of this agreement shall be retroactive to October 1, .2022 for reimbursement
purposes.
SECTION 802. TERMINATION.
(a) By Authority for Cause. This: Agreement may be terminated by the
Authority for cause upon twenty. (20) days written notice to Contractor. For purposes of
this section 802(e), "cause" shall mean (1y the event that Contractor, for any reason, fails
to meet the licensing requirements in the State of Florida pursuant to the provisions of
Chapter 401, Florida .Statutes, or (2) a material breach by 'Contractor of any terra,
covenant.or warranty contained in this Agreement; provided, however, that In the :case of
a breach of any term, covenant or warranty, the Authority shall provide 'written notice of
such breach and Contractor shall havethe opportunity to cure. such breach within twenty
(20) days of:receipt of such notice or within such additional period of time mutually agreed
upon by the Patties.
(b) By Contractor for Cause, This Agreement may be terminated by
Contractor for :cause upon twenty (20) days written notice to the Authority. For purposes
of this section 802(b), "cause".shall mean a material breach by the Authority Of any
covenant or warranty contained in this Agreement; provided, however, that in the case of
a breach of .any term; covenant or warrahty, Contractor shall provide written notice of
such breach and the Authority shall have the opportunity to cure such breach within
twenty (20) days of receipt of such notice, or, within such additional period of time mutually
agreed uponby the Parties.
(c) By Authority or Contractor without Cause. This Agreement may be
terminated Withoutcause: by Contractor or the Authority upon six (6) monthswritten notice
tothe. other Party.
(d) Provision of Emergency Medical Services upon Termination. In the
event of termination of this Agreement by either Contractor or the Authority, Contractor
shall continue to participate in the EMS System and Emergency Medical Services shall
Emergency Medical Services
ALS First Responder.Agreement
• Page .38
be provided in Contractor's EMS District in actordance with the Special Act and EMS
Ordinance, and the AuthorityShall compensate Contractor in accordance with the Special
Act.
-SECTION 803. RESOLUTION OF DISPUTES. To the extent that Contractor and
Authority cannot, after good faith attempts, resolve any controversy or dispute that may
have arisen under this Agreement, except fcir any dispute: concerning the .Annual
Compensation or §701, Contractor and Authority shall appoint an ad-hoc committee
consisting of one .mutually agreed upon representative from the Medical Control Board,
the EMS AdvisoryCouncil, and the Pinellas County:Fire Chiefs Association to facilitate a
timely and effective resolution. The ad-hoc Commitee shall meet as often as necessary
under the circumstances in .an attempt to resolve the controversy or dispute. The
Committee shall review each Party's submittal of its interpretation of the Agreement and
may request additional information as necessary. The committee shall complete its
review within sikty (60) days of the date that the Committee:is notified of the controversy
or dispute (unless the .Parties mutually agree to extend this period of time) and submit
any recommendation to the Pinellas County Administrator arid Contractor. Alt
recommendations and other actions Of the committee shall .be non-binding. After the
committee has.submitted its recommendation to the Pinellas County Administrator and
Contractor, either Party may thereafter refer:the matter to non-binding mediation in the
State of Florida. If the Parties do not agree upon representatives for the cOmMittee, if
either Party chooses not to engage in mediation or if the Parties engage in Mediation but
mediation fails to resolve the dispute; either Party may purtue its legal remedies,
including the Chapter 164 process, and, 'including, but not limited to, filing a complaint
(including but not limited to a complaint for injunctive relief) in the appropriate court
possessing competent jUriScliction.
ARTICLE IX
MISCELLANEOUS
SECTION 901. NON-DISCRIMINATION IN EMPLOYMENT. The Contractor will not
discriminate against any applicant for employment because of age, race, color, religion,
sex, sexual orientation or national origin. Contractor agrees that applicants will :be
employed, and that employees are treated during employment, (e,g. layoff or termination,
Emergency Medicat Services
Al$' First Responder Agreement
Page:39
promotion, demotion, transfer, rates of pay and•compensation, and selection for training,
including apprenticeship), without regard to age, race, color, religion, sex, sexual
orientation or national origin. The Contractor will post in conspicuous places, available to
all employees and applicants for employment; notices setting forth .the provisions of this
nondiscrimination clause.
SECTION 902. NOTICES. All notices, consents, and agreements required or
permitted by .this. Agreement shall be' in wilting, and, as applicable, shall be transmitted
by registered or certified mail, retum receipt requested, with 'notice deemed to be given
upon :receipt; postage prepaid, and shall be .addressed as follows:
If to Authority: Executive Director, Pinellas County.EMS Authority
Pinellas: County EMS & Fire Administration
12490 Ulmerton Road — Suite 134
Largo, Florida .33774
Ifto Contractor: See Appendix 6 -
SECTION 903. ENTIRE AND COMPLETE AGREEMENT. Subject to Section 912,
this Agreement, as amended, and all Appendices hereto, cOnstitute the entire and
'complete agreement of:the Paities and.Supersedos all prior and similar agreements and
amendments with respect to the:services to .be provided. hereunder. This Agreernent,
unless provided herein to the contrary, may be modified only by written agreement duly
executed by the Parties With the same fOrMality as this Agreernent.
SECTION 904. OTHER.. DOCUMENTS. Each Party agrees to execute and deliver
any instruments"and to perform any acts that may be necessary or reasonably requested
in Order to give full effect to this Agreement:
SECTION 905. APPLICABLE LAW. Florida Law shall govern the validity,
interpretation, construction and performance of this Agreement.
SECTION 906. WAIVER. Unless otherwise specific;ally provided by the terms of this
Agreement, no delay .or failure to exercise .a right resulting from any breach of this
Agreement shall impair such right or shall be construed to be a waiver thereof, but such
Emergency Medical Services
ALS. First Responder Agreement
Page 40
may be exercised from time: to time and as often .as may be deemed necessary. Any
waiver shall be in writing and signed by the Party granting such waiver: If any
representation,; warranty or covenant contained in this Agreement Is breached by either
Party and thereafter waived by the other Party, such waiver shall be limited to the.
particular breach so waived and shall not be deemed to waive any other breach under
this Agreement
SECTION .907.. .SEVERABILITY. In the event that any provision of this Agreement
shall, .for any reason, be determined to be invalid, illegal, or unenforceable in any respect,
the Parties hereto shall: negotiate in good faith and agree to such .amendments,
modifications, or supplements of or to this. Agreement or such other appropriate.. actions
as shall, to the. maximum extentpracticable in light of such determination, implementand
.give effect to the intentions of the Parties as reflected herein.
SECTION 908. CONTRACTOR IS INDEPENDENT CONTRACTOR. The .Parties
agree :that throughout the term of this Agreement, and during the performance of any
obligations hereunder, Contractor is an independent contractor in all respects and shall
not bethe agent, servant, officer, or employee of the Authority or Pinellas County.
:SECTION 909: NO THIRD -PARTY BENEFICIARIES; ASSIGNMENT. This
Agreement is not intended, nor shall it be construed, to Inure. 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 association or corporation,. not
for-profit corporation, or public:body without the prior written consent of the. Authority.
.SECTION .910: HEADINGS. Captions and headings in this Agreement are for ease
of reference and 'do hot constitute a part of this Agreement.
SECTION :911. COUNTERPARTS. This Agreement may be executed in more than
one counterpart, each of which shall be deemed an -original.
SECTION 912. NO WAIVER OF RIGHTS UNDER SPECIALACT. This Agreement,.
and ,specifically its provisions related to the Annual Compensation, is being entered into
to resolve a disputebetween the parties regarding the determination of the Annual
Emergency Medical Services
ALS First Responder Agreement
Page 41
Compensation to be paid to Contractor by the Authority. Authority and: Contractor have
worked together in good faith to reduce spending under the EMS Mill based upon the
eidraordinaty economic times facing local governments at: present. Notwithstanding
anything to the contrary contained in this Agreement, it is the intent of Contractor and
Authority that any actions or determinations taken in order to reach agreement herein not
be seen as a waiver of any rights, claims or defenses that either the Contractor, or the
Authority may haVe.underthe Special Act, FurtherrnOte, Contractor does not necessarily
agree. that .the Annual Compensation provided under this Agreement constitutes
reasonable and customary cost reimbursement by the Authority as required by the
Special Act, and, by entering into this Agreement does not waive any 'rights, claims or
defenses that Contractor may have with regard to the determination :of reasOriable and
customary Ws% in arty year.nOt governed by this Agreement. Therefore, the. Annual
Compensation paid to. the Contractor pursuant to this Agreement shall not be used: as
evidence in any dispute regarding the reasonable and customary costs to be reirnbursed
bythe Authority to•the Contractor.
[Signature Page to Follow]
Emergency Medical Services
ALS First Responder Agreement:
Page-42
IN WITNESS WHEREOF the parties hereto, by and through their undersigned.
authorized efFcers have caused this Agreement'to be executed on this 25th day.
of October , 2022,
ATTEST: PINELLAS COUNTY EMERGENCY
KENNETH BURKE, CLERK MEDICAL SERVICES AUTHORITY
By and through its-Board of County
Commissioners
by, F � � by.
Deputy Clerk Ctman
� SEAL
''�- � APPROVEDAS.TO FORM
By Jason C. Ester
Office of the County Attorney
Countersigned: CITY OF CLEARWATER, FLORIDA
try:
y:
�1�ayor City Manager
Approved-as to Fond: Attest:
Assistant City Attorney City Clerk
Owen Kohler A
'1
tABIISH���
Emergency Medical Services
ALS First Responder Agreement
Page 43
Appendix A
ALS First Responder Profile:
Contractor
Clearwater
EMS Districtss)
Clearwater EMS District
Autliority'Funded Units.
Engine 44
Engine45
Medic 45
Rescue 46
Medic 47
Rescue 48
Engine 49
Rescue.49
Engine 50
Engine 51
Contractor Funded Units
Engine 46
Engine 47
Engine 48
EMS Coordination
EMS Coordinator -1 FTE (Clearwater 500)
EMS Administrative.Coordinator— 1 FTE
(Cleantiater 501) -
Rescue Lieutenant -1 Position 24/7 (Rescue
Lieutenant 45)
EMS Administrative:Support— 1 FTE
FY22-23 Annual Compensation
$7,374;492
Projected. Capital
FY22-23 Rescue .Unit 46
FY23-24 Rescue .Unit 48
FY24=25 Rescue. Lieutenant.45
FY25-26 None
FY26-27 Medic 45; Medic 47
Appendix B
ALS First. Responder Contractors
City Manager
CITY OF CLEARWATER
112 S.Osceola Avenue
Clearwater, FL 33756
City Manager
CITY OF DUNEDIN.
P 0 Box 1348
Dunedin, FL 34697
Chairman, Board of :Cornmissloners.
EAST LAKE TARPON
.SPECIAL FIRE CONTROL DISTRICT
3375 Tarpon Lake Boulevard
Palm Harbor, FL 34685
CIty'Manager
CITY:OF.GULFPORT
2401 53rd Street South
Gutfpart; FL 33707
City Manager
CITY OF LARGO
P 0 Box 296.
Largo,. FL 33779-0296
Chairman, Board of Commissioners
LEALMAN
SPECIAL FIRE CONTROL DISTRICT
4360 55th Avenue North
St. Petersburg, FL 33714
city Manager
CITY OF MADEIRA BEACH
300 Municipal Drive
Madeira Beach, R.33708
City Manager
CITY OF OLDSMAR.
100 State Street West'
Oldsmar, FL 34677-3655
Chairman, Board of Commissioners
PALM HARBOR
• SPECIAL FIRE CONTROL.DISTRICT
250 W. Lake Road
Palm Harbor, FL 34684
Emergency Medical Services
ALS FirstResponder Agreement
Page 44
City Manager
CITY OF PINELLAS PARK
POBox 11:00
Pinellas Park, FL 3378041100
Chairrrian, Board: of.Commissioners
PINELLAS SUNCOAST
FIRE & RESCUE DISTRICT
304 First Street
Indian RockslBeach, FL 337$5
City Manager
CITY OF SAFETY HARBOR.
753 Main Street
Safety Harbor; FL 34695-3597
City Manager
CITYOF ST: PETE. BEACH
155 :Corey Avenue
St. Pete Beach, FL:33706-1741
City Manager
CITYOF SEMINOLE
9199 113th Street North
Seminole, FL:33772-2806
City. Clerk.
CITY OF SOUTH PASADENA
7047` Sunset.()rive South
South Pasadena, FL 33707-2895
city -Manager
CITY OF TARPON SPRINGS
324 PineStreet East
Tarpon. Springs, FL 34689
City Manager
CITY OF TREASURE ISLAND
120.1 08th Avenue
Treasure Island, FL 33706-4794
Epiergency Medical .Services
ALS:First Respood.erAgteernent
Page 45
Appendix C
EMS. Equipment
Provided by the Authority:
All Medical Supplies .and Equipment authorized by the Authority, except for
equipment to be provided by COntractor listed below.
- *Philips Tempus .ALS Solution Monitor/Defibrillator, or successor model, with .the
following clinical specifications:. biphasic defibrillation, CPR feedback sensor, pulse
oximetry, waveform capnography, pacing, 12 lead acquisition and transmissiOn, and non-
invasive blood pressure monitoring as determined by the Medical Control Board and
Authority for all .Authority Funded and Contractor Funded ALS First Responder Units to
inclirde all patient cables, accessories, cases, battery chargers and batteries as needed,
- Philips Tempus ALS Solution Monitor/Defibrillator, or successor model, in the same.
configuration above shall be utilized for reserve and spare equipment. The specific
quantity shall be determined bythe Authority.
Provided By Contractor:
- Rescue equipment required by the Department
Emergency Medical Services
ALS First Responder Agreement
Page 46
Appendix D.
•EMS FINANCIAL INFORMATION ATTESTATION FORM
Insbiktions:.
In accOrdance. with .the ALS First ResponderAgreement kinds provided by the .EMS Authority
must beused solely for EMS Allowable Costs. Any unspent balance at conclusion. of.a fiscal
year must be accounted for and returned. to.the EMS Authority.
The following form is provided forconsIstent.coif reporting and shall be submitted within ten (10)
business. days :of Contractor's re.ceipt of -Annual External Audit
To betOrnpleted by Contractor:
City or Fire .District (Contractor)
Fiscal Year
Name of Person Completing Form
Phone Number and Email Address
1. EMS. Funding Received by Contractor
2. EMS Allowable Costs Incurred by Contractor
3. Difference (If excess, amount due to Pinellas County) $
PLEASE INCLUDE A COPY OF ANNUAL AUDIT AND.
SUPPORTING DOCUMENTATION AS NEEDED.
1 certify:the costs identified, in line 2 above, are related to.E.MS Authorlied positions and units
and comply with the EMS Allowable Cost Standards contained in Pinellas County EMS.
Resolution 09,38.., I certify that I have. reviewed payroll registers, salary and benefit actual
expenditures, actual relief staffing. costs incurred to maintain continuous staffing of Authority
authorized positions, and actual costs of supervision, fuel, maintenance and repairs and othet
allowable costs.
Signature and Date; Contractor's External Auditor
Agency
CME Instructor Name
INSTRUCTOR REIMBURSEMENT FORM
TOTAL Reimbursement Amount:
Print Named Title
Submitted By -Authorized Signature
Date
Notes:
(a) One Instructor per form
(b) Course Name (.e. January CME, Public Education Class, EMS System Orientation, PHTLS, ACLS, TCCC, etc.)
(c) For reimbursement the class must be preauthorized by POEMS through the issuance of an Authorized Class Code.
(d) First Name, Last Name of person covering - must be same rank or below.
(e) Actual Hours Worked - Up to 60 minutes for preparation/setup, breakdown, paperwork and travel for each Class.
07-11-17 C.Hare
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Emergency Medical Services
ALS..First Responder Agreement
Page 48
Appendix F
EMS Coordinator Duties and Responsibilities
LICENSURE/CERTIFICATION/REGULATORY
1. State EMS Licenseand vehicle permits are maintained and renewed
2. All Federal -and-State Laws and Adrhinistrative Codes are followed.
3. Ali EMS Rules & Regulations and Medical Operations -.Manual Prot000ls..are followed.
4. Coordinates and monitors:activities of the Contractor as to its function tO provide
Advanced Life SuppOrt.(ALS) First Responder Services.
Regularly inspects Contractor's agency, units and personnel for compliance with all
regulatory requirements. for pergonnel certification and training :and equipMent and
Supplies. . .
6. State:recertification:of Field Personnel: istoMpleted in a timely manner.
7.. All paperwork for the Cciunty Certification of Field Personnel. is submitted in a tim.ely
manner.
LIASION
8. Serve as the liaison between the Contractor, the EMS- Medital Director and the
Authority% ExeCutiVe Directorfor matters related to ALS First Responder Services.
.9. Ensure: a positive and collaborative relationship is maintained.
10. Ensure that.the EMS Medical Director IS notified of. reportable incidents in atimely
manner.
11. Participate regularly in EMS related meetings.
EQUI PMENT AND. LOGISTICS
12: Controlled Substances are .handled in accordance with applicable. laws and..
regulations.
13. ECOMOnitors, 'Tablet Computers and other assets provided by the Authority are kept.
in good working -order and assets managed and tracked.
14 Vehicles and medical bags .are stocked in accordance with the Medical Operations
Man.ual.
15. Only necessary Medical Supplies and Equipment are maintained to reduce loss to
inadequate -stock rotation.
16. Maintain security and record keeping of all medications held by the Contractor.
17. Maintain Level MC" Personal Protective Equipment and Ballistic Vests/Helmets.
18. Hand receipts for assets.. are signed: and Inventory control procedgres are follOwed.
PATIENT CARE REPORTS.
. .
19. Patient_Care Reports are filed and reviewed.in.accordance withprotedure established
by the Medical DirectorUsing qualitymanagement software.
20. Review EMS -patient care reports to ensure proper care and.treatmentand determine
areas. for improvement.
• Emergency Medical .Services
ALS. First Responder Agreement
Page 49
21. ALS First Responder Transport Patient Care Reports are properly documented and
submitted.
PERFORMANCE METRICS
22. Reviews and monitors response times, customer satisfaction, clinical performance and
other performance metrics to attain and maintain anigh level of. service and to correct
performance deficiencies when noted.
QUALITY ASSURANCE
23. Investigates complaints from patients and concerned citizens, manages Quality
Assurance Revieweand MediCal Case Reviewsin accordance with the EMS Rules &.
Regulations.
24. Prepare and forward justification for Certificates of Merit or other recognition
requests for individuals who, Py their actions, have performed exceptionally and
deserve acclaim.
25; Determine the proficiency.and skill level of provisional Paramedics and EMTs prior to
recommending County Certification,
.26. Attending' and actiVely participating in EMS related meetings and quality improvement
committees.
CONTINUING MEDICAL EDUCATION
27. Ensure that all Contractor Field Personnel comply with continuing medical education
and other training requirements in accordance with.the EMS Rules & Regulations.
28. Assist in the coordination of CME instructors, Equipment and Training Sites.
29. Monitor the clinical competence of Field Personnel through the observation of training.
'FIELD RESPONSE AND SUPERVISION
30. Routinely responds to EMS Incidents to oversee clinical competence and Patient.care
in accordance with procedures established by the Medical Director.
31. Respond to large scale EMS Incidents to assist in incident command, -triage, logistics,
or other duties as indicated by the magnitude ate incident.
INFECTION CONTROL OFFICER
32. Ensures the Contractor has an active Designated Infection Control Officer and
infection control program.
35. Coordinate with the Ambulance Contractor, EMS Medical Director, Public Health and
Hospitals to ensure ail significant exposure incidents are actively managed. This
shall include making notifications,.verification and documentation of exposures, and
ensuring any treatment and medical follow,up occur.