agenda - tuesday, september 5, 2017 - granicus
TRANSCRIPT
NOTICE AND AGENDA
CITY OF TREASURE ISLAND, FLORIDA BOARD OF COMMISSIONERS REGULAR MEETING
CITY HALL AUDITORIUM, 120 108TH AVE, TREASURE ISLAND, FL 33706
SEPTEMBER 5, 2017 AT 6:00 PM
City of Treasure Island, Florida Page 1 of 2 POSTED 08/30/2017
Welcome to the City of Treasure Island Commission Meeting. If you wish to speak on a topic which is on today’s agenda, a speaker’s form [available in the rear of the room] must be completed and given to the City Clerk. Please do not address the Commission from your seat, but rather from the podium where your comments can be heard by all and recorded as required by Florida law. Unscheduled topics may be presented under the Public Comments section of the agenda.
A. PLEDGE OF ALLEGIANCE
B. ROLL CALL
Robert Minning Mayor Deborah Toth Commissioner, District 1 Larry Lunn Commissioner, District 2 / Vice-Mayor Ralph Kennedy Commissioner, District 3 Ken Keys Commissioner, District 4
C. PROCLAMATIONS, RECOGNITIONS, CERTIFICATES OF APPRECIATION
1. Proclamations for City Employees Todd Lambert and Antwan Mitchell
2. Presentation of Certified City Manager Certifications to Jennifer Poirrier and Cathy
Hayduke
D. PUBLIC COMMENTS
E. APPROVAL OF MINUTES
1. Approval of August 15, 2017 Board of Commissioners Regular Meeting Minutes
2. Approval of August 15, 2017 Board of Commissioners Regular Workshop Minutes
F. APPROVAL OF REGULAR AND WORKSHOP AGENDAS
G. CONSENT AGENDA
1. Consideration of Res. 17-102, Reappointment of District 2 Member to Planning & Zoning Board / Local Planning Agency
H. BUDGET PUBLIC HEARING
1. Consideration of Res. 17-97, Adoption of Tentative Final Millage Rate
2. Consideration of Ord. 17-19, Budget for Fiscal Year 2018 - 1st Reading & Public Hearing
I. ITEMS OF BUSINESS
1. Consideration of Ord. 17-15, Amendment to the Leave No Trace Ordinance - 2nd Reading & Public Hearing
City of Treasure Island, Florida Page 2 of 2 POSTED 08/30/2017
2. Consideration of Res. 17-83, ALS First Responder Agreement
3. Consideration of Res. 17-96, Appointments to Code Enforcement Board
J. ADJOURNMENT
For any person desiring to appeal any decision made by the board, agency, or commission with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based [F.S. 286.0105]. NOTE: Any transcript shall be requested and made by the individual requesting same at his or her own expense. Therefore, a court reporter may be desired or required accordingly.
Any person with a disability who needs any accommodation in order to participate in this proceeding is entitled to assistance at no cost. Please contact the Office of the City Clerk in writing at 120 108th Avenue, Treasure Island, FL, 33706 or by phone at (727) 547-4575 at least two working days prior to the meeting to advise what assistance is needed.
CITY OF TREASURE ISLAND, FLORIDA BOARD OF COMMISSIONERS REGULAR MEETING
MINUTES CITY HALL AUDITORIUM, 120 108TH AVE,
TREASURE ISLAND, FL 33706 AUGUST 15, 2017 AT 6:00 PM
City of Treasure Island, Florida Page 1 of 5 POSTED
The meeting was called to order at 6:03 PM by Mayor Robert Minning
A. PLEDGE OF ALLEGIANCE
B. ROLL CALL
Attendee Name Title Status Arrived
Robert Minning Mayor Present
Deborah Toth Commissioner, District 1 Present
Larry Lunn Commissioner, District 2 / Vice-Mayor Present
Ralph Kennedy Commissioner, District 3 Present
Ken Keys Commissioner, District 4 Present
C. PROCLAMATIONS, RECOGNITIONS, CERTIFICATES OF APPRECIATION
Good Samaritan Proclamation for Travis Jones
Mayor Minning announced it was a pleasure to present the proclamation to City employee, Travis Jones, and then met him at the podium. The Mayor announced that on August 8, 2017 Mr. Jones stepped in as a Good Samaritan and detained an assailant during an armed robbery. He read an email from the victim, Rosanna Lynd, who thanked Mr. Jones for his bravery and heroism. Then Mayor Minning presented Mr. Jones with the proclamation. Mr. Jones thanked staff for their support and concern.
D. PUBLIC COMMENTS
Chief Boudreau made three announcements. He stated that Officer Kathi Lovelace is retiring after 30 years of service and the Police Department will be holding a retirement party for her on August 25, 2017. He announced the City’s Public Safety Day is scheduled for Saturday, October 21, 2017 from 10:00 AM - 2:00 PM in the Police Department’s parking lot. Chief Boudreau thanked the sponsors and mentioned this event will feature free food and ten bicycles will be donated to children in attendance. He announced that effective August 14, 2017 that the Community Emergency Response Team (CERT), which is an all-volunteer Committee, has organized and will assist the City with emergency storm preparedness. Mr. Santos announced there would be a website forthcoming. Mel Lenehan, District 4 Ms. Lenehan spoke regarding the City Manager versus Finance Director and stated there needs to be a temporary person assigned to one of those positions. She mentioned her concerns regarding a missing due date for the Business Tax renewals and trash removal in Sunset Beach. She said her recommendation was for safety and to ensure appropriate city staffing. Ms. Lenehan stated she would like a city-wide mailer to be prepared and sent to everyone for another information source.
E. APPROVAL OF MINUTES
1. Approval of August 1, 2017 Board of Commissioners Regular Meeting Minutes
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RESULT: ACCEPTED [UNANIMOUS]
MOVER: Larry Lunn, Commissioner, District 2 / Vice-Mayor
SECONDER: Ken Keys, Commissioner, District 4
AYES: Minning, Toth, Lunn, Kennedy, Keys
2. Approval of August 1, 2017 Board of Commissioners Regular Workshop Minutes
RESULT: ACCEPTED [UNANIMOUS]
MOVER: Larry Lunn, Commissioner, District 2 / Vice-Mayor
SECONDER: Ken Keys, Commissioner, District 4
AYES: Minning, Toth, Lunn, Kennedy, Keys
F. APPROVAL OF REGULAR AND WORKSHOP AGENDAS
G. CONSENT AGENDA
Mayor Minning explained these participation agreements are voluminous and the reason they were placed on the Consent Agenda was due to the fact that they are piggybacks on Pinellas County agreements. He clarified the City is on its own to clear up debris after disasters and that these agreements provide the City seven different contractors to choose from for the service.
1. Execution of Participant Agreements for Disaster Debris Collection & Removal Services
Consideration of Res. 17-76, Participant Agreement Approval for AshBritt, Inc.
RESULT: APPROVED [UNANIMOUS]
MOVER: Larry Lunn, Commissioner, District 2 / Vice-Mayor
SECONDER: Ken Keys, Commissioner, District 4
AYES: Minning, Toth, Lunn, Kennedy, Keys
Consideration of Res. 17-77, Participant Agreement Approval for CrowderGulf Joint Venture, Inc.
RESULT: APPROVED [UNANIMOUS]
MOVER: Larry Lunn, Commissioner, District 2 / Vice-Mayor
SECONDER: Ken Keys, Commissioner, District 4
AYES: Minning, Toth, Lunn, Kennedy, Keys
Consideration of Res. 17-78, Participant Agreement Approval for J.B. Coxwell Contracting, Inc.
RESULT: APPROVED [UNANIMOUS]
MOVER: Larry Lunn, Commissioner, District 2 / Vice-Mayor
SECONDER: Ken Keys, Commissioner, District 4
AYES: Minning, Toth, Lunn, Kennedy, Keys
Consideration of Res. 17-79, Participant Agreement Approval for Phillips & Jordan, Inc.
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RESULT: APPROVED [UNANIMOUS]
MOVER: Larry Lunn, Commissioner, District 2 / Vice-Mayor
SECONDER: Ken Keys, Commissioner, District 4
AYES: Minning, Toth, Lunn, Kennedy, Keys
Consideration of Res. 17-80, Participant Agreement Approval for Ceres Environmental Services, Inc.
RESULT: APPROVED [UNANIMOUS]
MOVER: Larry Lunn, Commissioner, District 2 / Vice-Mayor
SECONDER: Ken Keys, Commissioner, District 4
AYES: Minning, Toth, Lunn, Kennedy, Keys
Consideration of Res. 17-81, Participant Agreement Approval for DRC Emergency Services, LLC
RESULT: APPROVED [UNANIMOUS]
MOVER: Larry Lunn, Commissioner, District 2 / Vice-Mayor
SECONDER: Ken Keys, Commissioner, District 4
AYES: Minning, Toth, Lunn, Kennedy, Keys
Consideration of Res. 17-82, Participant Agreement Approval for D & J Enterprises, Inc.
RESULT: APPROVED [UNANIMOUS]
MOVER: Larry Lunn, Commissioner, District 2 / Vice-Mayor
SECONDER: Ken Keys, Commissioner, District 4
AYES: Minning, Toth, Lunn, Kennedy, Keys
H. ITEMS OF BUSINESS
1. Phase IA Municipal Facilities & Parking Redevelopment – Draft Space Needs Analysis Report Presented by Harvard Jolly Architecture
Ms. Boyles introduced this item by stating that Harvard Jolly would present the draft space and parking needs analysis they have compiled thus far. She asked the Commission to please send any comments or edits to Ms. Davis to be incorporated in the final report, which would be published on the public engagement website, www.engageti.com <http://www.engageti.com>. Ms. Boyles noted that completion of this report marked the completion of task two (2) in Phase 1A of the work authorization. Amy Weber with Harvard Jolly introduced members of her team, Ward Friszolowski and Phil Trezza with Harvard Jolley, and Vicky Gagliano with TimHaahs, then gave a presentation regarding space and parking needs. Commissioner Kennedy asked if the square footage for Public Works included fleet services and Ms. Weber confirmed it did. After the presentation Mayor Minning stated the Commission would review the report and get back to Ms. Davis with any comments. Public Comment
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Mel Lenehan, Sunset Beach Ms. Lenehan stated there was a 9000% increase and they still did not present anything she did not already know. She stated she still has not received an updated invoice for Harvard Jolly. Mayor Minning stated he did not believe the City had one yet and asked Ms. Davis to confirm. Ms. Davis responded she was prepared to discuss an invoice information from Atkins, however confirmed they did receive an invoice from Harvard Jolly. Ms. Lenehan stated she would like to keep a close watch on the expenses during the project and not just at the end. She mentioned she would like further information on revenue generating sources and that Harvard Jolly should produce some new information and creative ideas. Ms. Lenehan shared some design ideas for the entrance of a new City Hall and that it should be welcoming to its citizens. Ms. Davis added for clarification that this phase of the project was just the beginning with space needs analysis; that the conceptual site analysis and building plans will occur in the future.
2. Consideration of Res. 17-86, Request to Host 5K Run to Benefit Elizabeth M. Vasti Memorial Fund
RESULT: APPROVED [UNANIMOUS]
MOVER: Larry Lunn, Commissioner, District 2 / Vice-Mayor
SECONDER: Deborah Toth, Commissioner, District 1
AYES: Minning, Toth, Lunn, Kennedy, Keys
3. Consideration of Ord. 17-03, Imposing a Temporary Moratorium on the Establishment and Operation of Medical Marijuana Dispensing Facilities and Treatment Centers for a Period of 180 Days - 2nd Reading & Public Hearing
Mayor Minning announced this was a second reading and public hearing. He opened the public hearing for public comment at 6:41 PM; seeing none he closed it at 6:41 PM.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Larry Lunn, Commissioner, District 2 / Vice-Mayor
SECONDER: Deborah Toth, Commissioner, District 1
AYES: Minning, Toth, Lunn, Kennedy, Keys
4. Consideration of Res. 17-93, Amend Commission Rules of Procedure
Mayor Minning clarified this was a housekeeping item to formalize the change in the order of items for the workshop agenda; it moved the City Manager and City Attorney Reports to the top of the agenda.
RESULT: APPROVED [UNANIMOUS]
MOVER: Larry Lunn, Commissioner, District 2 / Vice-Mayor
SECONDER: Ken Keys, Commissioner, District 4
AYES: Minning, Toth, Lunn, Kennedy, Keys
5. Consideration of Res. 17-95, Approval of Police Benevolent Association Labor Contract for FY 18-20
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RESULT: APPROVED [UNANIMOUS]
MOVER: Larry Lunn, Commissioner, District 2 / Vice-Mayor
SECONDER: Ken Keys, Commissioner, District 4
AYES: Minning, Toth, Lunn, Kennedy, Keys
6. Consideration of Res. 17-88, Annual Board Appointments
Commissioner Lunn motioned for Hendrik Bizanz to fill the Planning & Zoning Board/Local Planning Agency vacancy for District 4. Commissioner Keys seconded and noted the other applicant for this seat, Heidi Horak, is the current chairperson for the Beach Stewardship Committee and was a previous member of the P&Z/LPA for several years. Attorney Cowan mentioned the terms are expiring for several members of the P&Z/LPA and for those eligible for reappointment, they could be appointed as At-Large members to meet the revisions made to the code regarding the board’s composition. Attorney Cowan provided the example that if the Commission wanted to reappoint Bruce Popper and Saleene Partridge, both could be reappointed as Commission At-Large members; and Hendrik Bisanz could be appointed as the District 4 member. Commissioner Lunn amended the motion to read as Attorney Cowan mentioned.
RESULT: APPROVED [UNANIMOUS]
MOVER: Larry Lunn, Commissioner, District 2 / Vice-Mayor
SECONDER: Ken Keys, Commissioner, District 4
AYES: Minning, Toth, Lunn, Kennedy, Keys
I. ADJOURNMENT
Mayor Minning adjourned the meeting at 6:48 PM.
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CITY OF TREASURE ISLAND, FLORIDA BOARD OF COMMISSIONERS REGULAR WORKSHOP
MINUTES CITY HALL AUDITORIUM, 120 108TH AVE,
TREASURE ISLAND, FL 33706 AUGUST 15, 2017
City of Treasure Island, Florida Page 1 of 2 POSTED
The meeting was called to order at 6:52 PM by Mayor Robert Minning
I. CITY MANAGER AND CITY ATTORNEY REPORT
Attorney Cowan noted the bid documents for the Central Beach Trail were posted on Friday, August 11, 2017. Mayor Minning stated the plans and specs are published as well and there will be a pre-bid meeting. Attorney Cowan added that per the settlement agreement this project has a threshold amount; a bid under the amount can move forward and a bid over the amount would be at the City’s discretion whether or not to proceed. She noted if the City decided not to move forward because the amount was significantly over, that would result in litigation on that matter. Ms. Davis spoke regarding the questions and comments concerning the East Causeway. She announced they were still awaiting a response from the Federal Highway Administration. She relayed that a conference call took place last week with her, Mayor Minning, Mr. Helfrich, and Ms. Boyles with Senator Nelson’s office; and conversation during that call confirmed the City is pursuing the correct agency (FHWA) for guidance regarding tolling. Ms. Davis added that should the FHWA opine that tolls are not allowed, then the financial plan analysis being conducted by Atkins is still needed. Ms. Davis shared that at the next Commission meeting, staff hoped to present and discuss a scenario regarding the East Causeway and St. Petersburg. Ms. Davis stated that currently, which is through July 2, 2017, the invoiced amount for Atkins was $79,543 of the $289,000 purchase order. Commissioner Keys stated he expected that amount to be in the $40,000 range and that the Commission was to provide additional approval. Ms. Davis responded the amount paid was itemized in detail by hours worked on certain tasks. Commissioner Lunn inquired whether phase 1 and 2 had both been completed. Ms. Davis responded that some tasks had been completed, however the City has held off on certain aspects of the phases (such as community engagement), so it is not clear-cut moving in order by phases. Commissioner Kennedy asked if it is deemed the City cannot toll, then why should Atkins determine the financial plan. Ms. Davis responded that they will develop multiple options available to the City. Commissioner Keys shared his understanding was that they would hold off with the community engagement which would reduce the expenses. Ms. Davis responded that community engagement piece has been postponed, however the community engagement plan has moved forward; she provided the example of developed the website. Commissioner Keys stated that was not his understanding at the time he voted. Mayor Minning suggested to send an email to the Commission regarding the breakdown of expenses. Ms. Davis announced the anniversary of the bascule bridge is on August 24, 2017 and noted flyers with details were available. She also announced the first public hearing for the FY 2018 budget will be held Tuesday, September 5, 2017.
II. DISCUSSION
1. Consideration of Res. 17-83, ALS First Responder Agreement
Ms. Davis introduced this item and provided details from the cover memo. Commission consensus was unanimous to move this item forward.
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RESULT: MOVED FOWARD Next: 9/5/2017 6:00 PM
III. OLD BUSINESS
None
IV. CITY COMMISSION REPORTS
None
V. PUBLIC COMMENT
None
VI. ADJOURN
Mayor Minning adjourned the meeting at 7:02 PM.
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DATE: August 29, 2017 TO: Mayor and City Commission FROM: Tiffany Makras, City Clerk SUBJECT: Resolution 17-102, Reappointment of Dan Younkman to Planning &
Zoning Board / Local Planning Agency
BACKGROUND During review of the previous meeting’s minutes, it was observed that the agenda item regarding annual board appointments inadvertently excluded Dan Younkman, current District 2 member of the Planning & Zoning Board / Local Planning Agency (P&Z/LPA). DISCUSSION Mr. Younkman is eligible and interested in reappointment for a three-year term as the District 2 member for P&Z/LPA.
CITY OF TREASURE ISLAND AGENDA COVER MEMORANDUM
September 5, 2017 Item No. G. 1.
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RESOLUTION NO. 17-102
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TREASURE ISLAND, FLORIDA REAPPOINTING DAN YOUNKMAN TO SERVE ON THE PLANNING AND ZONING BOARD / LOCAL PLANNING AGENCY; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, a vacancy will exist on the above mentioned board of the City of
Treasure Island effective August 31, 2017; and
WHEREAS, the City Commission desires to reappoint a District 2 member for a three-year term expiring on August 31, 2020; and
WHEREAS, Dan Younkman is eligible for reappointment; and
WHEREAS, the City of Treasure Island Commission, after due consideration, has determined that filling the District 2 member vacancy is in the best interest of the City of Treasure Island.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF TREASURE ISLAND DOES RESOLVE THAT:
Section 1. Dan Younkman is reappointed as a District 2 member of the Planning and Zoning Board / Local Planning Agency or a term of three years.
Section 2. This Resolution is effective immediately.
The foregoing Resolution was offered during Regular Session of the City Commission of the City of Treasure Island, Florida, sitting on the 5th day of September, 2017 by Commissioner ____ who moved its adoption; was seconded by Commissioner _____ and upon roll call, the vote was:
YEAS: NAYS: ABSENT OR ABSTAINING:
__________________________
Robert Minning, Mayor ATTEST: Tiffany Makras, City Clerk
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DATE: August 24, 2017 TO: City Commission FROM: Amy Davis, Interim City Manager SUBJECT: Resolution 17-97, Tentative Final Millage Rate for Fiscal Year 2018 1st
Public Hearing
BACKGROUND Each year the City is required to calculate and set an ad valorem millage rate per Chapter 200 of the Florida Statutes, Determination of Millage. The Department of Revenue (DOR) has developed forms DR420 and DR 420MMP to comply with the reporting requirements as well as to identify the approval vote needed by the Commission for setting a millage exceeding the rolled-back rate. These forms are filed by the City to the DOR after the City budget has been adopted to demonstrated compliance. POLICY / PURPOSE To adopt a Tentative Final Millage Rate for the FY 2018 City Budget at first reading. STRATEGIC PLAN RELEVANCE None, this is a regulatory step in the annual budget process. ANALYSIS / DISCUSSION The Certification of Taxable Property Value (DR-420) was received from the Pinellas County Property Appraiser’s office on July 1, 2017. The City of Treasure Island’s total taxable property value for the FY 2018 budget is $1,735,579,900 representing an increase of $140,556,717 or 8.81% from the prior year as shown below along with a 5-year history.
CITY OF TREASURE ISLAND AGENDA COVER MEMORANDUM
September 5, 2017 Item No. H. 1.
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Fiscal Year Taxable Property Value % Difference FY 2014 $1,300,698,703 4.48% FY 2015 $1,389,609,958 6.84% FY 2016 $1,487,100,050 7.02% FY 2017 $1,595,023,183 7.26% Preliminary FY 2018 $1,735,579,900 8.81%
This will be the fifth consecutive year taxable property values have increased, following five years of consecutive declines with a cumulative impact of -38% on the City’s taxable values. As a result, while there is an increase of 8.81% from the prior year, the taxable values are still 6.5% lower than the City’s taxable value pre-recession (FY 2008). The fiscal years of 2009 to 2013 where property values were declining had a significant impact on the City’s revenues since ad valorem taxes is one of the City’s major revenue streams. The economic growth has caused property values to slowly rise throughout the County, with the average county-wide property increase being 7.91%. Components of the Taxable Value Change: New Taxable Value (new construction, additions, rehabs) $20,195,201 1.27% Increase in Values of Existing Property $120,361,516 7.55% Net Change in Taxable Value $140,556,717 8.81% Rolled-Back Millage Rate: The rolled-back millage rate is defined as the millage rate that would produce the same amount of ad valorem revenue as the prior year, exclusive of new taxable value. The FY 2018 rolled-back rate is 3.1027 mills generating a tax levy of $5,384,984. Tentative Final Millage Rate: The Proposed FY 2018 General Fund Budget is predicated on approval of a millage rate of 3.3368 mills which is the same millage rate as last year and is 7.55% above the rolled-back rate of 3.1027. Using a 97% collection rate, the projected ad valorem revenues of $5,617,545 is included in the proposed budget, generating $454,939 additional revenue over last year. Breakdown of ad valorem revenue: $4,523,261 2.6868 General Operations 757,581 .4500 Replacement Revenue for pledged revenue for bridge/beach trail debt 168,351 .1000 Bridge renewal and replacement assignment 168,351 .1000 City Facilities renewal and replacement assignment $5,617,545 3.3368 A Tentative Final Millage Rate of 3.3368 will require a 4 out of 5 majority vote of Commission to adopt because it exceeds the maximum millage rate calculation.
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Budget Public Hearings: The City must hold two public hearings on the millage rate and budget, and the City’s meetings cannot be on the same date as that of the County Commission or the School Board meetings to set its millage rates. The TRIM notices were calculated estimated property taxes using the proposed FY 2018 tax rates for all taxing entities, including the City of Treasure Island. The time, date and place for the first public hearing for the property tax rate and budget adoption were also included on the TRIM notices. Any change in the meeting time of the first public hearing on the budget will require notice to each City property taxpayer. The Commission has set the Budget Public Hearings as follows:
Tuesday, September 5, 2017 at 6:00 pm Tuesday, September 19, 2017 at 6:00 pm
These budget hearing dates do not conflict with the meeting dates of the School Board or Pinellas County and the Commission will hold its regular monthly meetings and workshops after the budget public hearings. RECOMMENDATIONS Staff recommends approval of Resolution 17-97, setting the Tentative Final Millage Rate at 3.3368 mills for the fiscal year beginning on October 1, 2017 through September 30, 2018 (FY 2018). As the Florida Department of Revenue requires specific language and procedures, the following is proposed: 1. Mayor shall open the Public Hearing and ask for comments on the proposed tentative
final millage rate. 2. Mayor shall close the Public Hearing. 3. Mayor shall ask for a Motion as follows: “Move to adopt Resolution 17-97 setting the
proposed final millage rate of 3.3368 mills for the Fiscal Year beginning October 1, 2017 and ending September 30, 2018”.
4. Mayor shall ask for any Commission discussion. 5. Mayor shall ask for a vote of the Commission to adopt Resolution 17-97, setting the
proposed millage rate at 3.3368 mills for the Fiscal Year October 1, 2017 to September 30, 2018.
6. Upon adoption of the motion, the Mayor shall announce:
“The proposed final millage rate for the City of Treasure Island is 3.3368 mills for fiscal year beginning October 1, 2017 and ending September 30, 2018 and which is 7.55% more than the Rolled-Back rate of 3.1027 mills. The proposed millage is subject to a second and final public hearing that will be held here at the City of Treasure Island City Hall on Tuesday, September 19, 2017 at 6:00 PM.”
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RESOLUTION NO. 17-97
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TREASURE ISLAND, FLORIDA ADOPTING THE TENTATIVE FINAL MILLAGE RATE OF 3.3368 MILLS FOR THE CITY OF TREASURE ISLAND FOR THE FISCAL YEAR 2018; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Commission of the City of Treasure Island has completed its
review of the proposed budget for the 2018 fiscal year; and
WHEREAS, the City Commission has held a Public Hearing on setting the tentative final ad valorem millage rate for the 2018 Fiscal Year as required by Florida State Statute 200.065; and
WHEREAS, based on the aforementioned review, the City Commission has
determined the tentative final ad valorem tax millage rate for the 2018 Fiscal Year. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF TREASURE
ISLAND DOES RESOLVE THAT:
Section 1. That the tentative final ad valorem tax millage rate for the City of Treasure Island for the fiscal year commencing October 1, 2017 and ending September 30, 2018 is 3.3368 mills, which is greater than the rolled-back rate of 3.1027 by 7.55%.
The foregoing Resolution was offered during Regular Session of the City Commission of the City of Treasure Island, Florida, sitting on the 5th day of September, 2017 by Commissioner _______ who moved its adoption; was seconded by Commissioner _______ and upon roll call, the vote was:
YEAS: NAYS: ABSENT OR ABSTAINING:
__________________________ Robert Minning, Mayor ATTEST: Tiffany Makras, City Clerk
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DATE: August 25, 2017 TO: City Commission FROM: Amy Davis, Interim City Manager SUBJECT: Ordinance 17-19, Budget for Fiscal Year 2018 1st Reading and Public
Hearing
BACKGROUND This item is the present the proposed budget totaling $24,079,123 for all funds. The first reading and public hearing for the FY 2018 Budget will be head Tuesday, September 5, 2017, at 6:00 p.m. The second reading and public hearing is scheduled for Tuesday, September 19, 2016, at 6:00 p.m. The Truth in Millage (TRIM) advertisements will appear in the Neighborhood Times section of the Tampa Bay Times on Friday, September 15th. This ad is required by the Department of Revenue to comply with state statutes known as the Truth in Millage that provides for regulation over the budget adoption process. This ad is comprised of a Notice of Public Hearing for the 2nd Reading of the budget and a Budget Summary. The budget workshop was held on July 19th, 2017 to review the (Interim) City Manager’s BY 2018 Proposed Budget. The City Commission made some changes to the proposed budget as a result of their review and requests received from outside organizations for funding support. Additionally, staff made some changes as a result of updated information or to correct any errors made in the initial proposed budget. All of these changes are listed in the attachment referred to as the “reconciliation” where the difference from the City Manager to the City Commission’s Proposed Budget is shown. As a result of the reconciliation of changes, the Budget document was changed to reflect these changes. Lastly, the proposed carry-forward items are projects that were not completed this fiscal year (multi-year projects, scheduling difficulties, workload issues, etc…). Carryforward items are appropriated in this year’s budget, but are not encumbered, therefore, are being recommended to be carried forward into the next fiscal year and will be appended to the budget once adopted (attached). The projects that are not completed, but are encumbered (via purchase order) will automatically roll forward into the next fiscal year. Work or services performed through the remainder of this fiscal year will be charged to this fiscal year. Work or services performed
CITY OF TREASURE ISLAND AGENDA COVER MEMORANDUM
September 5, 2017 Item No. H. 2.
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on or after October 1, 2016 will be charged against these purchase orders in the next fiscal year. POLICY / PURPOSE To adopt the FY 2018 City Budget at first reading. STRATEGIC PLAN RELEVANCE None, this is a regulatory step in the annual budget process. ANALYSIS / DISCUSSION The proposed budget is includes maintaining the millage rate at 3.3368 via Resolution No. 17-97. There are other fee changes included in the proposed budget, of which will be brought forward to the City Commission in accompanying or forthcoming resolutions/ordinances or have already been adopted as follows:
• Effective as of 12/1/2017, a 2.5% base rate increase and a .17 cent increase to the volumetric rate of the Sewer Fee increase to fund on-going capital maintenance and to account for the City of St. Petersburg’s bulk sewer treatment cost increase to the City. The bulk sewer increase equates to a .17 cent increase to the volumetric charge per 1,000 gallons. These fee increases were approved 2 years ago by Resolution No. 15-78, covering a three-year period after a sewer rate study was conducted.
• Stormwater Fee increase by 10% effective as of 12/1/2017 • Recycling Fee increase to reflect the new contract price (previously approved) • Several user fee increases reflected in the newly created City Fee Schedule
RECOMMENDATIONS Staff recommends the Commission approve on first reading Ordinance 17-19 adopting the FY 2018 budget, with the budget document and prior year encumbrances as of September 30, 2017.
Florida Department of Revenue requires specific language and procedures when approving the Budget.
1. The Mayor will open the Budget Public Hearing and ask for questions and comments from the public. 2. The Mayor will close the public hearing and ask for a motion to approve on first reading Ordinance 17-19 adopting the budget. 3. The Mayor will ask for any discussion on the Motion.
4. The Mayor will ask for a vote.
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Upon adoption of the motion, the Mayor shall announce:
“The final approved Budget for Fiscal Year 2018 for the City of Treasure Island will be presented at a second and final public hearing held at City Hall on Tuesday September 19, 2017 at 6:00 pm.”
Attachments: Summary and Reconciliation of Changes (2 pages) Carryforward Items
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Proposed FY 2018 Budget
Summary and Reconciliation of Changes
City Manager City Commission
Fund Proposed Budget Proposed Budget Difference
General Fund 12,752,507 12,442,858 -309,649
Penny for Pinellas 959,413 971,130 11,717
County Gas Tax 310,100 310,100 0
Transportion Trust 0 0 0
Police Contraband Forfeit 1,023 1,023 0
Capital Projects 1,776,228 1,776,228 0
Wastewater 4,688,043 4,688,043 0
Solid Waste 2,644,144 2,644,144 0
Stormwater 1,245,597 1,245,597 0
Total 24,377,055 24,079,123 -297,932
City Manager City Commission
Fund Projected Revenues Projected Revenues Difference
General Fund 12,625,900 12,596,700 -29,200
Penny for Pinellas 813,500 813,500 0
County Gas Tax 107,800 107,800 0
Transportion Trust 300 300 0
Police Contraband Forfeit 0 0 0
Capital Projects 830,371 830,371 0
Wastewater 4,209,300 4,194,200 -15,100
Solid Waste 1,938,400 2,075,850 137,450
Stormwater 1,409,700 1,396,600 -13,100
Total 21,935,271 22,015,321 80,050
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Proposed FY 2018 Budget
Changes from the Proposed City Manager Budget to the City Commission Budget
EXPENDITURES Dept/Fund Type Account General WasteWater SolidWaste StormWater
Penny for
Pinellas Total
Budget 2018 Budget 2018 Budget 2018 Budget 2018 Budget 2018 Budget 2018
Delete Funding for East Causeway Rehabilitation Project Causeway Comm 001-5411-63000 -300,000 -300,000
Add Aid to Other Organization - $5,000 TI/Maderia Beach Chamber of Commerce Commission Comm 001-5110-82000 5,000 5,000
Add Aid to Other Organization - $1,000 Safe Harbor Homeless Services Commission Comm 001-5110-82000 1,000 1,000
Over-time Amount error Police Error 001-5210-14000 -10,000 -10,000
Update contract price for dispatch with PSCO Police Update 001-5210-34000 251 251
Inadvertingly left out funding for Code Enf Officer training Code Enf Error 001-5242-49500 600 600
Move up Buoy Relocation due to Beach Renourishment from FY2019 to FY2018 Beach Impr Error 001-5391-64900 5,000 5,000
Duplicate - Gulf Front Park Rstrm Partitions (CIP) Recreation Error 001-5720-46900 -5,000 -5,000
Duplicate - Beach Pavilion Rstrm Partitions (CIP) Recreation Error 001-5721-52500 -6,000 -6,000
Inadvertingly left out funding for carpet removal in City Hall (trip hazard) Non-Dept Error 001-5191-62000 10,000 10,000
Duplicate - Watchguard Application Blocker Non-Dept Error 001-5191-52150 -500 -500
Duplicate - New City Website Non-Dept Error 001-5191-64290 -10,000 -10,000
Add'l funding for $200,000 Emergency Budget for Bridge due to repairs in August Penny Update 123-5300-63418 11,717 11,717
Total Expenditure Changes -309,649 0 0 0 11,717 -297,932
REVENUES Type Account General WasteWater SolidWaste StormWater
Penny for
Pinellas Total
Budget 2018 Budget 2018 Budget 2018 Budget 2018 Budget 2018 Budget 2018
FDOT lighting & Maitenance Agreement transfers to the County in FY 2018 General Error 001-344900 -29,200 -29,200
Reduce Sewer Base Svc Charges to reflect one less billing cycle Wastewater Error 420-343510 -5,500 -5,500
Reduce Sewer Volumetric Svc Charges to reflect one less billing cycle Wastewater Error 420-343530 -9,600 -9,600
Commission Direction on Recycling Rates - keep Drop-Off Sites through FY18 Recycling Update/Comm 430-343410 137,450 137,450
Reduce Stormwater Charges to reflect one less billing cycle Stormwater Error 450-343710 -13,100 -13,100
Total Revenue Changes -29,200 -15,100 137,450 -13,100 80,050 80,050
Budget Impact 280,449 -15,100 137,450 -13,100 68,333 377,982
Error - to correct an error made in proposed budget
Update - have update/more current data/information
Comm - Commission Direction
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Carryforward Items from FY 2017 to FY 2018
Dept/Div Description Account Number General Penny Transporation County Gas Wastewater Solid Waste Stormwater TOTAL
CID Code Enforcement Officer Vehicle Replacement 001-5242-64200 19,010$ 19,010$
CID Mobile Technology purchase - Energov Software 001-5242-64290 500$ 500$
CID Energov Software Implementation/Training 001-5241-64290 6,538$ 6,538$
Fire Fire Station Rehab 001-5300-62000 26,000$ 26,000$
Fire Fire Inspector Vehicle 001-5300-64920 19,460$ 19,460$
Rec Greens Walk-Behind Mower 001-5722-64900 15,000$ 15,000$
Rec Treasure Bay Awning for Patio Area 123-5300-62744 15,000$ 15,000$
Rec Treasure Bay Exterior Repairs 123-5300-62744 120,895$ 120,895$
Rec Treasure Bay Clubhouse Flooring 123-5300-62744 30,000$ 30,000$
Rec Community Center Kitchen Rehab 123-5300-62753 25,000$ 25,000$
Rec Ti/Treasure Bay Playground Equip & Surfacing Replacement 123-5300-63000 112,600$ 112,600$
Rec Isle of Palms Amenities 123-5300-63000 5,000$ 5,000$
Rec Rosselli Park Amenities 123-5300-63000 20,000$ 20,000$
PW Contractual 001-5391-34000 14,100$ 14,100$
PW Engineering Consultants 001-5410-31300 3,000$ 3,000$
PW Gulf Blvd Landscape DOT Grant Project 001-5410-63121 40,119$ 40,119$
PW Boat Ramps/Dune Walkovers 001-5410-63402 30,000$ 30,000$
PW Street Resurfacing 123-5300-63403 139,331$ 139,331$
PW Bascule Bridge Hydrolic & Control System Components 123-5300-63418 153,938$ 153,938$
PW Pedestrian Crosswalks 127-5400-63401 68,948$ 68,948$
PW 403-Street Resurfacing 126-5412-63403 149,998$ 149,998$
PW Manhole Relining 420-5350-63450 25,813$ 25,813$
PW Lift Station Refurbishment 420-5350-63451 867,076$ 867,076$
PW Sewer Main Relining 420-5350-63458 222,750$ 222,750$
PW 463-Force Main Rehab 420-5350-63463 344,055$ 344,055$
PW Replace Vactor Truck 50% Wastewater/50% Stormwater 420-5350-64200 225,000$ 225,000$
PW Employee Facility Repair 430-5340-62000 30,000$ 30,000$
Rec Replace Trail Trash Can Lids and Snuffers 430-5340-52900 5,850$ 5,850$
PW Stormwater Improvements (SWFMWD projects) 450-5380-63452 1,018,900$ 1,018,900$
PW Stormwater System Relining 450-5380-63454 79,960$ 79,960$
PW Replace Vactor Truck 50% Wastewater/50% Stormwater 420-5350-64200 225,000$ 225,000$
128,267$ 667,224$ 68,948$ 149,998$ 1,684,694$ 35,850$ 1,098,860$ 3,833,841$
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ORDINANCE NO. 17-19
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TREASURE ISLAND, FLORIDA, ADOPTING A BUDGET AND MAKING APPROPRIATIONS FOR THE PAYMENT OF THE OPERATING EXPENSES OF THE CITY OF TREASURE ISLAND, FLORIDA, FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2018.
THE CITY COMMISSION OF THE CITY OF TREASURE ISLAND DOES ORDAIN: Section 1. That the budget for the fiscal year ending September 30, 2018
incorporated as a part of this ordinance is hereby adopted and approved as and for the budget of said City of Treasure Island for the Fiscal Year 2018.
Section 2. The budget is being presented as a balanced budget whereby there
are sufficient revenues to offset all estimated expenditures and expenses.
Section 3. All budget appropriations are based upon the total expenditure
and/or expenses even though the budget has been prepared based on line items and summarized to a categorical level.
Section 4. Appropriations may be transferred for the purpose of equalization
when needed by a budget transfer with the approval of the Finance Director and the City Manager as necessary. This action will not change the total dollar amount of the budget.
Section 5. The City Commission during Fiscal Year 2018 may, by Resolution,
make any amendments to the Budget adopted by this Ordinance, as it may deem necessary and proper.
Section 6. All Budget Amendments requesting additional expenditures or
expenses must identify the corresponding funding source. Section 7. Projects that were not completed during the prior fiscal year are
carried forward as special projects and are funded with the corresponding Carry-Forward appropriations of the prior year. Carry-forwards to the General Fund equals $128,267, Penny for Pinellas Fund equals $667,224, Transportation Trust Fund $68,948, County Gas Tax Fund equals $149,998, Wastewater Fund equals $1,684,694, Solid Waste Fund equals $35,850, and the Stormwater Fund equals $1,098,860 are commitments, which are incomplete as of September 30, 2017 and will be continued and made part of the FY 2018 appropriations.
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Section 8. Cash Balance Reserves shall be carried forward for prior year
encumbrances and re-appropriated for purchase orders, which will be paid in FY 2018.
Section 9. For the payment of expenses and obligations, excluding carry-
forward projects of the City of Treasure Island for the fiscal year ending September 30, 2018, there is hereby appropriated from the money in the treasury of the City and any accruing revenue of the City available for said purposes, for the funds hereinafter set forth, the sums of money shown in the following schedule:
GENERAL FUND $12,442,858 WATER POLLUTION CONTROL 4,688,043 SOLID WASTE 2,644,144 STORM WATER MANAGEMENT 1,245,597 PENNY FOR PINELLAS 971,130 POLICE FORFEITURE/CONTRABAND 1,023 COUNTY GAS TAX 310,100 TRANSPORTATION TRUST 0
CAPITAL PROJECTS FUND 1,776,228 TOTAL BUDGET $24,079,123
Section 10. This ordinance shall become effective October 1, 2017 FIRST READING and PUBLIC HEARING on the 5th day of September, 2017. SECOND READING and PUBLIC HEARING on the ___ day of September,
2017.
PUBLISHED in the St. Petersburg Times on the ___ day of September, 2017. _____________________________________ Robert Minning, Mayor ATTEST: ____________________________ Tiffany Makras, City Clerk
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DATE: July 2, 2017 TO: Amy Davis, Interim City Manager FROM: Armand J.J. Boudreau, Police Chief SUBJECT: Ordinance 17-15, Amendment to the Leave No Trace Ordinance
BACKGROUND On September 6, 2016, the Treasure Island City Commission amended the Code of Ordinances, section 58-51, by prohibiting persons from leaving unattended personal property on any public beaches between the hours of 9:00 p.m. and 7:00 a.m. This amendment was the result of increased public interest to remove unattended personal property which was unsightly and posed a public safety risk to beachgoers. In addition, the unattended property posed a risk to the welfare and wellbeing of our sea turtles and other wildlife. The amended Ordinance created what is now known as the “City of Treasure Island’s Leave No Trace Ordinance.” POLICY / PURPOSE The Leave No Trace Ordinance regulates unattended personal property placed overnight on Treasure Island’s beaches to minimize affects is has on the general health, natural beauty, public safety and the welfare and wellbeing of residents, visitors and wildlife. STRATEGIC PLAN RELEVANCE Goal 4: Preserve, protect, and promote the City’s beach. Objective 3: To support residents, business owners and visitors alike to be good stewards of our environment. ANALYSIS / DISCUSSION The Leave No Trace Ordinance mandates the City’s law enforcement and/or code enforcement to enforce all provisions of the amended section. Since the Leave No Trace Ordinance was passed, Treasure Island Police Officers have been patrolling the beaches during the hours of 9:00 p.m. and 7:00 a.m. based on calls for service and availability. Treasure Island Police Officers affix a violation tag on unattended personal property which is found in violation of the Leave No Trace Ordinance.
CITY OF TREASURE ISLAND AGENDA COVER MEMORANDUM
September 5, 2017 Item No. I. 1.
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However, under the current ordinance and during the sea turtle nesting season, the Department of Public Works (DPW) is unable to remove abandoned, tagged property from the beach between the hours of 9:00 p.m. and 7:00 a.m. This is because the beach has to be cleared every morning from May 1st to October 31st by the sea turtle surveyors before the beach can be driven on, per the City’s renourishment permit. The surveyors have several beaches to clear and cannot begin until a half hour before dawn, at the earliest. In addition, except for public safety purposes, vehicles are not permitted on the beach after sunset during nesting season. By extending the Leave No Trace time from 7:00 a.m. to 8:00 a.m., the added hour will provide DPW staff with additional time to remove tagged personal property which has been found in violation of the Ordinance. Additionally, to provide city staff with added flexibility in enforcing this ordinance, the Leave No Trace Ordinance change also includes a provision for removing unattended and tagged property at any time of the day or night. FUNDING The proposed amendments would require a change in the existing ordinance signs along the beach, the required public notices, and updated informational flyers. Staff estimates these costs at approximately $500. Funding is available within the General Fund contingency account (001-5191-99900). RECOMMENDATIONS Staff recommends amending Chapter 58 Waterways, Article II Beaches, Section 58-51 Obstructions on the Beach Prohibited “Leave No Trace Ordinance” by extending the hours from 7:00 a.m. to 8:00 a.m. and adding language authorizing the City of Treasure Island to remove unattended and tagged personal property found in violation of the Leave No Trace Ordinance at any time of the day or night. ATTACHMENT Ordinance 17-15
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518047
Tampa Bay Times Published Daily
STATE OF FLORIDA } ss COUNTY OF Pinellas County
Before the undersigned authority personally appeared Jill Harrison
who on oath says that he/she is Legal Clerk of the Tampa Bay
Times a daily newspaper printed in St. Petersburg, in Pinellas
County, Florida; that the attached copy of advertisement, being a
Legal Notice in the matter RE: ORD. 17-15, PH 9-5 was published
in Tampa Bay Times: 8/25/17. in said newspaper in the issues of St
Pete Times Beaches
Affiant further says the said Tampa Bay Times is a newspaper
published in Pinellas County, Florida and that the said newspaper
has heretofore been continuously published in said Pinellas County,
Florida, each day and has been entered as a second class mail mat
ter at the post office in said Pinellas County, Florida for a period of
one year next preceding the first publication of the attached copy of
advertisement, and affiant further says that he/she neither paid not
promised any person, firm or corporation any discount, rebate, com
missi n or refund for the purpose of securing this advertisement fo r
and subscribed before me this 08/25/2017.
Type of identificatio
LEGAL NOTICE
THE CITY OF TREASURE ISLAND, FLORIDA
NOTICE OF PUBLIC HEARING ON AMENDING THE LEAVE NO TRACE
ORDINANCE Notice is hereby given that the City Commission of the City of Treasure Island, Florida shall hold a second reading and public hearing on the following Ordinance:
ORDINANCE NO. 17-15
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TREASURE ISLAND AMENDING THE CITY OF TREASURE ISLAND'S LEAVE NO TRACE ORDINANCE; AMENDING CHAPTER 58 WATERWAYS, ARTICLE II BEACHES, SECTION 58-51 OBSTRUCTIONS ON THE BEACH PROHIBITED, EXCEPTIONS; PROVIDING FOR NOTICE; ENFORCEMENT; SEVERABILITY; CONFLICT; CODIFICATION; AND PROVIDING AN EFFECTIVE DATE.
A second reading and public hearing on this ordinance will be held Tuesday, September 5, 2017 at 6:00 PM in the Treasure Island City Hall Aud itorium, 120 108th Avenue, Treasure Island , Florida, 33706. Interested parties may appear at this hearing and be heard with respect to the proposed ordinance. A copy of this ordinance is available for inspection in the Office of the City Clerk between the hours of 8:00 AM and 4:30 PM Monday through Friday.
For any person desiring to appeal any decision made by the board, agency, or commission with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based [F.S. 286.0105]. NOTE: Any transcript shall be requested and made by the individual requesting same at his or her own expense. Therefore, a court reporter may be desired or required accordingly.
Anv person with a disability who needs anv accommodation in order to participate in this proceeding is entitled to assistance at no cost. Please contact the Office of the City Clerk in writing at 120 108th Avenue, Treasure Island, FL, 33706 or by phone at (727) 547-4575 at least two working days prior to the meeting to advise what assistance is needed.
Tiffany Makras, City Clerk 8/25/1 7
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ORDINANCE NO. 17-15
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TREASURE ISLAND AMENDING THE CITY OF TREASURE ISLAND’S LEAVE NO TRACE ORDINANCE; AMENDING CHAPTER 58 WATERWAYS, ARTICLE II BEACHES, SECTION 58-51 OBSTRUCTIONS ON THE BEACH PROHIBITED, EXCEPTIONS; PROVIDING FOR NOTICE; ENFORCEMENT; SEVERABILITY; CONFLICT; CODIFICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Treasure Island enacted the
current Leave No Trace Ordinance on September 6, 2016; and
WHEREAS, the current Leave No Trace Ordinance prohibits leaving unattended property on the beaches in Treasure Island between the hours of 9:00 p.m. and 7:00 a.m.; and
WHEREAS, beach access by vehicles is restricted during marine turtle nesting season which limits the City’s ability to remove unattended personal property found in violation of the Leave No Trace Ordinance; and
WHEREAS, extending the hours of the Leave No Trace Ordinance from 7:00 a.m. to 8:00 a.m. allows for additional flexibility in the enforcement of the ordinance; and
WHEREAS, the City affixes a violation tag on personal property found in violation of the Leave No Trace Ordinance, and may remove the tagged personal property; and WHEREAS, authorizing the City to remove and discard unattended and tagged personal property at any time of the day or night would allow for enhanced enforcement of the ordinance; and
WHEREAS, The City of Treasure Island Commission, after due consideration, has determined that amending the Leave No Trace Ordinance is in the best interest of the City of Treasure Island.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF TREASURE
ISLAND DOES ORDAIN THAT:
Section 1. The purpose of this Ordinance is to amend the City of Treasure Island's Leave No Trace Ordinance by extending the hours from 7:00 am to 8:00 a.m. and further clarifying that the City can remove any unattended and tagged personal property at any time of the day or night to enhance the City’s ability to enforce.
Section 2. Chapter 58 "Waterway", Article II "Beaches", Section 58-51, "Obstructions on the beach prohibited, exception" of the City of Treasure Island Code of Ordinances, is hereby amended to read as follows:
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58-51 Obstructions on the beach prohibited, exceptions (a) It shall be unlawful for any person to leave any personal property
unattended on the public beaches between the hours of 9:00 p.m. and 7:00 a.m. 8:00 a.m., except as otherwise permitted herein. It shall be unlawful for any person to leave any personal property unattended at any time within any public beach access, except as otherwise permitted herein. As used in this section, "personal property" shall include, but is not limited to: tents (including tent frames), cabanas, umbrellas and other shading devises, beach chairs and other furniture, picnic tables, tiki huts, volleyball nets, hammocks, floats, sailboards, surfboards, kites, jet skis, sailboats, water cycles and other watercraft, beach toys, grills, nets, coolers, canoes, kayaks and general items for beach recreation, clothing or similar items.
(b) Any item of personal property left on the public beach unattended in violation of this article shall be deemed discarded and shall become the property of the City of Treasure Island, which may dispose of the item. Any item of personal property found in violation of this article that has been tagged for future removal shall become the property of the City of Treasure Island, which may dispose of the item.
(c) Exceptions. The prohibitions of this section do not apply to:
(1) City trash or recycling containers; (2) Signs placed by the City or another permitted governmental agency; (3) Items placed by persons acting under authority of the City Manager
or other governmental agency; (4) Items placed in accordance with permits, licenses or agreements
issued by the City; (5) Structures, including without limitation boardwalks, decks and dune
walkovers constructed and permitted by City or the State of Florida; or
(6) Items placed on the public beach by persons who have authorization or a permit to engage in marine turtle nesting research issued by the United States Fish and Wildlife Service of the State of Florida.
(d) Permits.
a. Permits may be issued by the City Manager or his/her designee for activities otherwise prohibited by this article for such periods of time and under such conditions as the City Manager deems reasonably appropriate under the circumstances that are found to be necessary for:
(1) Reasonable accommodation of persons with is abilities; (2) For the conduct of a governmental, civic or educational
activity;
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(3) For the conduct of scientific research; (4) For special events; or (5) For a beach amusement, beach business or beach service.
b. Such City permit shall include the following: (1) Name and contact information of the owner or person in
possession and control of the item; (2) Description of the item; (3) Location of the item; (4) Duration of time the item will remain in such location; and (5) Acknowledgement that owner or person in possession and
control of the item will be liable for any impacts to federally protected species.
c. Any person seeking a City permit for activities otherwise prohibited by this article shall obtain all necessary permits from state and federal agencies.
d. No City permit shall be issued for any of the following items: (1) Items that will obstruct hinder or otherwise impede
emergency and maintenance vehicles from traversing the beach;
(2) Items that may be easily removed from the beach, even though removal may be inconvenient for the owner or person in possession and control of the item, unless otherwise provided for in paragraph (d) above:
(3) Items which in the reasonable discretion of the City Manager or his/her designee determines to be an item which should not remain on the beach for more than the permitted time because to do so would be injurious to the environment, or the health, safety, or welfare of the public; or
(4) Persons who leave personal property unattended at the pubic beach do so at their own risk. The City does not assume any liability for personal property on the public beach.
e. All items, whether permitted or not, shall be removed from the public beach 24 hours upon issuance of a tropical storm or hurricane watch issued for Pinellas County or other severe weather warning by the National Weather Service.
f. This section 58-51 is not intended to authorize any violations of Section 379.2431of the Florida Statutes or any of the provisions of the Endangered Species Act. The City will not be liable for any impacts to federally protected species resulting from persons leaving items of personal property on the public beach and such liability will rest with the owner of such item.
(e) It shall be the duty and responsibility of the City's law enforcement and/or
code enforcement to enforce all provisions of this section.
Section 3. NOTICE. The City shall provide notice of this Ordinance by posting signage located at its beach access points and on its website.
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Section 4. ENFORCEMENT. The City is authorized to enforce this Ordinance and may follow the established procedures by the City of Treasure Island Police Department, Code Enforcement and through any civil complaint. Each violation of this Ordinance shall constitute a separate offense. The City reserves its rights to such civil remedies in law and equity as may be necessary to ensure compliance with the provisions of this Ordinance. Section 5. SEVERABILITY. It is declared to be the intent of the City Commission that, if any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. Section 6. CONFLICT. All ordinances or portions of ordinances in conflict with or inconsistent with this Ordinance are hereby repealed to the extent of such inconsistency or conflict. Section 7. CODIFICATION. Section 2 of this Ordinance shall be codified in the Code of Ordinances for the City of Treasure Island, Florida. The codifier is authorized to make editorial changes not affecting the substance of this Ordinance in the substitution of "article" for "ordinance", "section" for "paragraph", or otherwise take such editorial license.
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SECTION 8. This Ordinance shall take effect immediately upon its final passage. FIRST READING: August 1, 2017 PUBLISHED: August 25, 2017 SECOND READING AND PUBLIC HEARING: September 5, 2017 YEAS: NAYS: ABSENT OR ABSTAINING:
__________________________ Robert Minning, Mayor
ATTEST: Tiffany Makras, City Clerk Approved as to form and content: ______________________________ Jennifer R. Cowan, City Attorney
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Page 1
DATE: August 10, 2017
TO: Mayor and Commissioners
FROM: Amy Davis, Interim City Manager
SUBJECT: Resolution 17-83, Advanced Life Support (ALS) First Responder Agreement
BACKGROUND
The Treasure Island Fire Department has been providing Advanced Life Support Emergency Medical Serviced since 1974. In 1980 the citizens of Pinellas County adopted a countywide emergency medical service delivery system. Since 1981 the Fire Department has received funding from Pinellas County Emergency Medical Services Authority to provide service to the City of Treasure Island as well as automatic aid to neighboring communities.
In September 2014, the City Commission approved entering into the 2014 ALS First Responder Agreement, a 3-year agreement with an option to renew for 2 additional years. For this current fiscal year, the last year of the agreement provided for EMS funding of up to $423,252.08. If the Agreement was extended to the next fiscal year, it would only allow for an increase of the lessor of the Consumer Price Index for all urban consumers for Tampa-St. Petersburg-Clearwater, Florida or 125% of the annual percentage increase in taxable values for future years.
POLICY / PURPOSE
To enter into an updated ALS agreement with Pinellas County effective October 1, 2017 for a 2-year period and may be extended for 3 additional 1-year periods with a new base amount that allows for up to a 3% increase thereafter.
STRATEGIC PLAN RELEVANCE
None, this is a contractual agreement between the City and Pinellas County.
ANALYSIS / DISCUSSION
The proposed new 2017 ALS First Responder Agreement allows for a new base amount of funding for providing EMS services to be set based off of the FY 2018 budget
CITY OF TREASURE ISLAND AGENDA COVER MEMORANDUM
September 5, 2017 Item No. I. 2.
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requirements. As a result, the new ALS Agreement would enable the City of Treasure Island to fund the EMS program up to $518,716 vs under the current 2014 ALS Agreement this amount would have been closer to $427,485 with CPI 1% or less. The new 2017 ALS Agreement maintains the same level of service, but does allow for an additional ¼ of EMS coordinator duties to be funded through the Agreement. FUNDING The proposed EMS funding proposed by the 2017 ALS First Responder Agreement is reflected in the Proposed FY 2018 Budget in the EMS revenue account 001-342400 and EMS program budget. RECOMMENDATIONS Staff recommends approval of Resolution 14-86, the 2017 ALS First Responder Services Agreement with the Pinellas County Emergency Medical Services Authority commencing October 1, 2017 through September 30, 2019 with an option to renew for 3 additional 1-year periods. ATTACHMENTS: Resolution 17-83, 2017 ALS First Responder Agreement (Attachment 1)
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RESOLUTION NO. 17-83
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TREASURE ISLAND FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE 2017 ALS FIRST RESPONDER SERVICE AGREEMENT WITH PINELLAS COUNTY EMERGENCY MEDICAL SERVICES AUTHORITY COMMENCING OCTOBER 1, 2017 FOR A 2-YEAR PERIOD; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the Emergency Medical Services Authority is a special district created
for the purpose of providing Emergency Medical Service throughout Pinellas County; and
WHEREAS, the Authority has contracted with various municipalities and independent special fire districts within the County to provide First Responder Services; and
WHEREAS, the proposed 2017 ALS First Responder Services Agreement is between the Pinellas County Emergency Medical Services Authority and the City of Treasure Island for a 2-year period commencing on October 1, 2017 through September 30, 2019 with an option to renew for an additional 3 additional 1-year periods.
WHEREAS, the Authority has offered a new 2017 ALS First Responder Services
Agreement versus an extension of the 2014 agreement that commenced October 1, 2014 that provides for a higher base amount to the City to provide First Responder Services; and
WHEREAS, The City of Treasure Island Commission, after due consideration, has determined that the proposed 2017 ALS First Responder Services Agreement is in the best interest of the City of Treasure Island.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF TREASURE ISLAND DOES RESOLVE THAT:
Section 1. The 2017 ALS First Responder Agreement between the Pinellas County Emergency Medical Service Authority and the City of Treasure Island is approved and the City Manager is hereby authorized to execute said Agreement.
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Section 2. This Resolution is effective immediately upon adoption. The foregoing Resolution was offered during Regular Session of the City Commission of the City of Treasure Island, Florida, sitting on the 5th day of September, 2017 by Commissioner _______ who moved its adoption; was seconded by Commissioner _______ and upon roll call, the vote was:
YEAS: NAYS: ABSENT OR ABSTAINING:
__________________________ Robert Minning, Mayor ATTEST: Tiffany Makras, City Clerk
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2017
EMERGENCY MEDICAL SERVICES
ALS FIRST RESPONDER AGREEMENT
CITY OF TREASURE ISLAND
OCTOBER 1, 2017
PINELLAS COUNTY EMERGENCY MEDICAL SERVICES AUTHORITY
12490 Ulmerton Road Largo, FL 33774
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EMERGENCY MEDICAL SERVICES ALS FIRST RESPONDER AGREEMENT
AGREEMENT made this ________ day of__________, 2017, between the CITY OF TREASURE
ISLAND, 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 Chapter 54, Article III, Pinellas County Code, as amended (“The Acts”).
2. The Authority has determined that a single-tier 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 fire
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 Services
in 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
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) The on-scene Patient care by Field Personnel.
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(c) The continuation of Patient care, when Contractor’s Paramedic accompanies the
Patient during transport by the Ambulance Provider or medical helicopter. The transport of
Patients to a medical facility, in extraordinary circumstances, shall be in accordance with
Florida Statute 401.33 and the then current Medical Operations Manual, Transport
Protocols.
(d) The episodic utilization of CME Instructors and Public Educators/Community
Paramedics by participating Contractors.
Such services shall be provided in accordance with the terms and conditions of this Agreement.
The specific terms and conditions of this Agreement shall govern and prevail over this Section
104.
ARTICLE II DEFINITIONS
SECTION 201. WORDS AND TERMS. Unless the context otherwise requires, capitalized
terms used herein shall have the 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, but not 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
use of techniques such as endotracheal intubation, the administration of drugs or
intravenous fluids, cardiac monitoring, and cardiac defibrillation by a qualified person,
pursuant to rules of the Department.
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Page 5 “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 by the Contractor, who at the 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.
“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.
“Continuing Medical Education” or “CME” means the medical education training program,
through distance learning or classroom based courses, provided in accordance with the
EMS Rules & Regulations. "CME Instructor" means a County Certified Paramedic, County Certified EMT or County
Certified registered nurse, employed and approved by a Contractor or the Ambulance
Contractor, who meets the qualifications set forth in the EMS Rules and Regulations and
is approved by the Medical Director. CME Instructors may be utilized to teach regular CME
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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.
"Course" means any individual CME offering available online or 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
services 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 the Executive Director.
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Page 7 “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 III of the Pinellas County Code, as may be
amended.
“EMS System” means the network of organizations and individuals, 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 Contractor’s 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 Contractor.
“First Responder Services” means ALS First Responder Services.
“Fiscal Year” means the year commencing on October 1 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 has had 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 act, event,
or condition is beyond the reasonable control of the Party relying thereon as justification for
not performing an obligation or complying with any condition required of such Party under
this Agreement, 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 similar
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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; understands human errors occur and how accountability is
assured through consoling, coaching, counseling, Remedial Training, or corrective action.
"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-service 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 and Regulations.
“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 of a Patient
using a positive and educational approach to determine where gaps in knowledge or errors
occurred. Such Medical Case reviews shall be conducted with a Just Culture framework to
ensure a positive and supportive culture that encourages quality Patient care.
“Medical Control” means the medical supervision of the EMS System provided by the Medical
Director.
“Medical Control Board” means 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, pursuant 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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Page 9 “Medical Operations Manual” means the clinical guidelines, prepared for the EMS System and
approved by the Medical Control Board, as the same may be amended from time to time.
“On-Scene Equipment Exchange Program” means the Authority’s program whereby an
equipment item, such as backboards and immobilization devices, which may 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 statute, regulations and the Medical
Operations Manual.
“Party” or “Parties” means either the Authority 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 medical care.
“Priority Dispatch Protocols” means the protocols adopted by the Authority, and as may be
amended from time to time, governing the EMS System’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 the
Ambulance Contractor, who meets the qualifications set forth in the EMS Rules and
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 paramedic/outreach program or to complete a specific task assignment related
to EMS public education/community outreach. “Regional 9-1-1 Center” means the Communications Center and related telephone, radio and
data systems operated and maintained by Pinellas County as the countywide Public Safety
Answering Point for the purpose of receiving 9-1-1 calls 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
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Page 10
communications via radio and wireless data systems.
“Response” means the act of responding to a request for services, which act begins when ALS
First Responder Units are dispatched to an EMS Incident.
“Response Time” means the period of time commencing when an ALS First Responder Unit is
dispatched to an EMS Incident and ending when Contractor's first ALS First Responder
Unit arrives on 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 of Florida, as amended.
“Special Events” means non-emergency 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 State,
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 any destination by Ambulance.
“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 time of execution of this Agreement.
“Unit Compensation” means the Annual Compensation in a Fiscal Year divided by the number
of 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.
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Page 11 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 shall not be unreasonably
withheld or unduly delayed”, except as the context may otherwise require.
ARTICLE III 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
action on 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, government rule, regulation or order applicable to or
binding on Authority.
(c) Enforceability. This Agreement constitutes a legal, valid and binding obligation of
Authority enforceable against Authority in accordance with the terms thereof, except as such
enforceability may be affected or limited by applicable bankruptcy, insolvency or similar laws, from
time to time in effect, which affect creditor’s rights 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.
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Page 12 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 by applicable bankruptcy, insolvency or similar laws, from time to
time in effect, which affect creditor’s rights 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 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.
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Page 13 Contractor reserves the right to select and acquire vehicles and 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 and for furnishing 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 furnish and maintain all EMS Equipment, required to be
provided by the Contractor pursuant to Appendix C. Contractor shall also be responsible for the
cost of 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.
(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 or damaged due to a cause other than Contractor’s negligence.
(f) Inspections. Contractor shall allow representatives 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
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Page 14 responsible for the replacement of field equipment for the Patient Care Reporting System that is
lost, stolen or damaged due to a cause other than Contractor’s negligence.
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 is
determined, 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 to Responses which occur during periods of Uncontrollable Circumstances
or to Responses 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.
SECTION 404. CONTINUING MEDICAL EDUCATION.
(a) Field Personnel. Contractor shall make available its Field Personnel for Continuing
Medical Education as required by state regulation, 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 fulfillment of this obligation.
Contractor shall be responsible for ensuring that its Field Personnel attend Continuing Medical
Education training, either in classroom 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 performance of the CME program.
Contractor shall use any prepared forms that the Authority requests it to use for this evaluation.
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Page 15
(b) CME Instructors. Contractors will use their best efforts to provide a sufficient
number of CME Instructors to conduct courses. The Authority will use its best efforts to provide a
sufficient number of classes available at regional training sites on days, times and shifts necessary
to maximize the availability of First Responder units and 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
by the Authority, the Authority may elect to provide the 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 EMS Incidents.
However, such representatives shall conduct themselves in a professional and courteous manner,
shall not interfere with Contractor’s employees in the performance of their duties, except as
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 forms which may be required
by the Contractor prior to riding in ALS First Responder Units.
(d) On-Scene Patient Care. Contractor shall 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 Paramedic shall comply.
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Page 16 Contractor’s Paramedic may also decide to ride to the hospital with Ambulance Contractor’s
Paramedic. Contractor shall be responsible for the return of the Paramedic from the hospital.
(e) Special Events. In the event Contractor provides either BLS or ALS medical
coverage at a Special Event in their EMS District, Contractor shall be under the auspices of the
Authority, 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 for
dedicated special events coverage without the written approval of the Executive Director.
Contractor and Authority will notify each other of large scale Special Events, which may require
additional resources or adversely affect the EMS System, to ensure coordinated event coverage.
(f) Quality Assurance. Contractor shall adhere to the quality assurance and quality
management 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 by Field Personnel and EMS Coordinator,
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 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 under 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 this standard of conduct. Contractor’s Field Personnel shall be easily identified
as EMTs or Paramedics while on scene of an EMS Incident.
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(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, at a minimum, for:
(1) Reviewing Patient care records in accordance with procedures established by the
Medical Director.
(2) Responding to EMS Incidents and overseeing Patient care in accordance with
procedures established by the Medical Director.
(3) Monitoring Contractors’ EMS personnel to ensure compliance with CME requirements.
(4) Monitoring Contractors’ EMS personnel to ensure clinical competence and good
customer service.
(5) Attending and actively participating in EMS related meetings and quality improvement
committees.
SECTION 408. STATE OF EMERGENCY ASSISTANCE, EMS EMERGENCY AND MUTUAL AID
(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 protocols mutually 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 normal
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.
(b) State of Emergency Assistance Outside of Pinellas County. Contractor shall
manage any State of Emergency assistance response outside of Pinellas County in a manner
which does not prevent Contractor from rendering services in accordance with this Agreement.
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(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 provide local ALS emergency coverage.
(d) 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 conditions 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 Automatic 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, or at the request of the
Authority, update their Run Cards to insure their accuracy and coordinate any changes with any
affected Contractor(s).
SECTION 410. MEDICAL SUPPLIES AND INVENTORY CONTROL. Contractor shall
establish and implement inventory control procedures for the stocking and 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.
Contractor agrees to not maintain more than thirty (30) days of medical supplies in stock based
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Page 19 upon historical use. Contractor shall maintain inventory records that identify all ALS First
Responder Unit supplies issued from stock, and will keep stock under lock so that access is limited
to only authorized personnel. Contractor shall adhere to inventory control procedures that the
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 receive controlled 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 care 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 shall 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 Times; every Patient assessment
and all treatment rendered while Contractor’s Field Personnel are attending the Patient.
Contractor shall require Field Personnel to comply with the completion of paper reports and the
data entry requirements of the EMS System and insure the accuracy and completeness of such
reports, as approved and periodically revised by the Authority. Authority agrees that the
procedures used to implement and operate the electronic patient care reporting system shall be
mutually agreed upon by the Parties.
Contractor shall have unlimited access, regardless of storage location or medium, to
electronic patient care reports generated by the Contractor’s EMS personnel and all dispatch-
related data.
SECTION 412. UTILIZATION OF REGIONAL 9-1-1 CENTER.
(a) Regional 9-1-1 Center. Contractor shall utilize the Regional 9-1-1 Center for the
dispatch of all BLS and ALS First Responder Units to EMS Incidents. Contractor shall utilize the
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Page 20 Regional 9-1-1 Center’s radio and data systems to include, but not limited to, computer aided
dispatch (CAD) software, mobile communications terminal software, and the County’s public
safety 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 Center’s 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, and access to the
County’s 800MHz High Performance Data (HPD) system following the County’s technical
specifications.
Authority shall provide a mutually agreed upon appropriate planning phase, cost analysis, 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 terminals running mobile 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 Emergency Medical Assistance. 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, shall
immediately 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 community, health promotions and prevention education (i.e., CPR training, public
access defibrillation programs, drowning prevention, health risk assessments). The programs
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Page 21 may be developed by the individual contractor or in coordination with the Medical Director or the
Authority.
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. LICENSURE 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 with
EMS and Paramedic certification and recertification using funds provided under this Agreement.
SECTION 415. ACCURATE INFORMATION. Any news releases, statements, or public
information given by the Contractor’s or Authority’s personnel to the public 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 to be provided, Medical Direction and Medical Control to the Contractor.
SECTION 502. CONTINUING MEDICAL EDUCATION. Authority shall provide and make
available to Contractor a Continuing Medical Education training program at multiple, 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
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Page 22 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 a reasonable useful life, as determined
by the Authority. Such equipment was replaced through the County’s “P25 Communications
System Upgrade”.
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 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. All
medications and 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 include boxes, electronic locks, and web-
based tracking software.
SECTION 505. EXTRAORDINARY MODIFICATIONS. Notwithstanding the provision of
Section 401(b) 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 claims
for transports made by either the Authority or by Contractor.
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Page 23 SECTION 507. ECG EQUIPMENT AND MAINTENANCE. The Authority shall provide all
electrocardiogram (ECG) monitoring/defibrillation equipment for Authority Funded and Contractor
Funded Units including adequate spare equipment (up to 30% above the number of Units).
Contractor agrees to continue 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, as determined by the Authority. At the point 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 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 Units including adequate spare equipment (up to 30% above the number of
Units). The equipment shall be utilized on Authority Funded 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.
Contractor shall 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
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, as determined by the Authority.
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ARTICLE VI INSURANCE AND INDEMNIFICATION
SECTION 601. 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 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 up to its coverage. Notwithstanding anything to the contrary
contained in this Agreement, Contractor does not waive any immunity or limitation of liability it
may have under the doctrine of sovereign immunity 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 shall 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 vehicle
liability insurance that reflects the limits of liability for governmental entities in accordance
with Section 768.28(5), F.S., should the State Legislature change these limits, coverage
consistent with the revised limits shall be obtained.
(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 beyond 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 subject 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 $1,000,000 Combined Single Limit insurance in excess
of all primary coverage.
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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-renewal or material changes in coverage
received by said Contractor from its insurer.
(b) Companies issuing the insurance policy, or policies, shall have no recourse against
Authority or County for payment of premiums or assessments for any deductibles which all
are at the sole responsibility and risk of Contractor.
(c) The Authority shall be endorsed to the required policy or policies as an additional
insured, exclusive of professional liability insurance. The additional insured clause covers
the actions of the Contractor while providing services under the terms of this Agreement.
(d) The policy clause “Other Insurance” shall not apply to any insurance coverage
currently held by the Authority or the County, to any such future coverage, or to County’s
Self-Insured Retention of whatever nature.
SECTION 603. LIABILITY. Contractor and Authority agree to be fully responsible for their
own acts of negligence or their respective agents’ acts of negligence when acting within the scope
of their employment, and agree to be liable for any damages resulting 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 consent 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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ARTICLE VII COMPENSATION AND OTHER FINANCIAL PROVISIONS
SECTION 701. COMPENSATION.
(a) FY 2017 – 2018. Authority and Contractor have agreed to an amount reflecting
Contractor’s submitted budget for EMS services during Fiscal Year 2017 – 2018. The approved
budget amounts for the Fiscal Year commencing October 1, 2017, shall be equal to that shown
on Appendix A.
(b) Budget Submissions for FY 2018 – 2019 through FY 2021 – 2022. Contractor shall
submit a budget by April 1st each year for the following Fiscal Year for the Authority’s review and
approval. Budgets shall be prepared in the same manner as the budget submitted for FY 2017-
2018, so long as said budgets are less than a three (3) percent increase from the prior Fiscal
Year, and the Authority shall pay Annual Compensation to Contractor in accordance with said
approved budgets.
(c) Funding for Rescue Unit, Medic Unit and Staff Vehicle Replacement. Authority
will provide funding for Authority funded 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 Authority shall 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 FY17-18 are rescue units ($200,000), medic units ($100,000), and staff
vehicles ($50,000).
(d) Payment. Payments shall be paid monthly in arrears in (approximately) equal
monthly installments.
(e) Station/Overhead Allowable Costs. Contractor shall be reimbursed for up to
1.0% of the Fiscal Year’s approved budget in accordance with Resolution 14-65 for station and
overhead costs. Such payment shall be made by the Authority to the Contractor after receipt of
the audit attestation shown in Appendix D.
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(f) 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 for the following Fiscal
Year. For any Fiscal Year in which Section 701 is reopened to negotiate the Annual
Compensation for the following Fiscal Year, if Authority and Contractor cannot reach agreement
on the Annual Compensation by June 30th, this Agreement shall terminate on the last day of the
then current Fiscal Year.
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 Contractor's cost for the use of the Learning Management System
for its students. Such reimbursement shall be fifty percent (50%) of the costs of use of the Learning
Management System up to $50 per student per Fiscal Year (does not include payment for student
training time). The reimbursement amount shall not exceed $125,000.00 in any fiscal year.
(b) Reimbursement for CME Instructors. The Authority shall reimburse each
Contractor for the actual cost of salary and benefits up to $60.00 per hour for overtime or backfill
costs for the Contractor's CME Instructor hours that are actually performed and preapproved in
writing, through the published master EMS training calendar by the Authority. Contractor may
establish a rate of pay for CME Instructor which shall be subject to the $60.00 per hour cap. The
Authority shall not reimburse Contractor for the personnel costs for students to attend Courses or
CME Instructor hours 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.
Contractor shall be reimbursed monthly in arrears. For each year during the term of this
Agreement, the total compensation amounts 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 amount budgeted by the
Authority. The reimbursement amount shall not exceed $750,000.00 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
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Page 28 authorized through the Authority approved budget for CME 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 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 Authority shall reimburse each Contractor for the actual cost of salary and
benefits up to $60.00 per hour for overtime or backfill costs for the Contractor's Public
Educator/Community Paramedic hours that are actually performed 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/Community
Paramedic which shall be subject to the $60.00 per hour cap. The Authority shall not reimburse
Contractor for the personnel costs for Public Educator/Community Paramedic hours 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. Contractor shall be reimbursed monthly in
arrears. For each year during the term of this Agreement, the total compensation amounts 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 amount budgeted by the Authority. The reimbursement amount shall not exceed
$100,000.00 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 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 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 provide 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
below) of time and without the advance approval of the Authority, the Authority may deduct an
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Page 29 amount equal to the Contractor’s Unit Hour Compensation 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 from 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 BLS First
Responder Unit during periods of Uncontrollable Circumstances.
SECTION 704. DEDUCTION FOR FAULTY DOCUMENTATION.
(a) Faulty Documentation. In the event that the Contractor transports a Patient, in
compliance with the then current Medical Operations 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 Patient’s
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 process a bill.
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:
(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 consumption, overhead allocations and indirect costs-shall be considered.
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Page 30 SECTION 706. FUNDS TO BE USED SOLELY FOR EMS FIRST RESPONSE. Contractor
recognizes that monies received hereunder are derived from 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 Contractor’s auditor. The
required “EMS Financial Information Attestation Form” is attached as Appendix D. Contractor
shall provide to Authority the audited financial statement that includes the “EMS Financial
Information Attestation Form” within ten (10) business days of Contractor’s receipt of the Annual
External Audit. The cost of the Annual External Audit will be expended from Contractor’s EMS
funds.
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 may be used. Contractor and Authority
shall discuss the manner in which such additional services shall be effected, evaluate the
relationship of such services; and determine the impact of such services on the EMS system.
Contractor’s obligations shall be limited to those specifically set forth in this Agreement. Contractor
shall not be responsible for providing any additional services unless Contractor agrees in writing
to provide such additional services.
SECTION 708. ADDITIONAL UNITS.
(a) Authority Funded. During the term of the Agreement, the Authority may determine
that additional Authority Funded Unit(s) are needed. Additionally, Contractor may request that
consideration 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
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Page 31 Authority Funded Unit(s), the Authority shall meet with the Contractor to determine the need 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 Authority.
(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
insure coordinated implementation of any improvements to the EMS System and to insure 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 cease operation of a
Contractor Funded Unit at its sole discretion. Contractor is responsible for all costs associated
with staffing and operating such Contractor Funded Units. The Authority shall 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 Contractor’s operations. Contractor shall make available to Authority for its
examination, its records with respect to all matters covered by this Agreement, and Authority may
audit, examine, copy, and make excerpts or transcripts from such records, and may make audits
of all contract, invoices, materials, payrolls, inventory records, records of personnel, daily logs,
conditions of employment, and other data related to all matters covered by this Agreement to the
extent permitted by law.
Contractor shall make available to the Medical Director its records with respect to all clinical
matters covered by this Agreement and the Medical Director may audit, examine, copy and make
excerpts or transcripts from such records and inspections to the extent permitted by law.
The Authority’s right to observe and inspect operations or records in Contractor’s business
office shall, however, be restricted to normal business hours, and reasonable notification shall be
given the Contractor in advance of any such visit.
Records relating to contract activities shall be retained for three (3) years from final payment
in each year.
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Page 32 All representatives of the Authority, Medical Control Board and Medical Director who
observe Contractor’s operations or audit or examine Contractor’s records shall conduct
themselves in a polite manner; complete any training required by law; and not interfere with
Contractor’s employees’ duties. Audits and 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
prior 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, 2017 and ending at midnight September 30, 2019, unless this Agreement
is earlier terminated as provided for herein in this Agreement. This Agreement may be extended
for three (3) additional one (1) year periods following the initial term, provided that the Parties
mutually agree in writing to such extension which is subject to Authority and Contractor approval
prior to July 1st of each extension year. References in this Agreement to “Term” shall include the
initial term of this Agreement and all extensions thereof.
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(a),
“cause” shall mean (1) 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 term, 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 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 upon by the Parties.
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Page 33 (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 term, covenant or warranty contained
in this Agreement; provided, however, that in the case of a breach of any term, covenant or
warranty, 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 upon by the Parties.
(c) By Authority or Contractor without Cause. This Agreement may be terminated
without cause by Contractor or the Authority upon six (6) months written notice to the 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 be provided in Contractor’s
EMS District in accordance with the Special Act and EMS Ordinance, and the Authority shall
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 for 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 Advisory Council, and the Pinellas
County Fire Chiefs Association to facilitate a timely and effective resolution. The ad-hoc
committee 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 sixty (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 and Contractor. All 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
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Page 34 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 pursue 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 jurisdiction.
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, 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 writing, and, as applicable, shall be transmitted by registered or certified
mail, return 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 Emergency Medical Services
12490 Ulmerton Road – Suite 134
Largo, Florida 33774
If to Contractor: See Appendix B
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 Parties with respect to the services to be provided hereunder. This Agreement,
unless provided herein to the contrary, may be modified only by written agreement duly executed
by the Parties with the same formality as this Agreement.
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Page 35 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 specifically 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 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 extent practicable
in light of such determination, implement and 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 be the 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.
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Page 36 SECTION 910. HEADINGS. Captions and headings in this Agreement are for ease of
reference and do not 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 SPECIAL ACT. This Agreement, and
specifically its provisions related to the Annual Compensation, is being entered into to resolve a
dispute between the parties regarding the determination of the Annual 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 extraordinary 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 under the Special Act. Furthermore, 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 reasonable and customary costs in any 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 reimbursed by the Authority to the Contractor.
[Signature Page to Follow]
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Page 37 IN WITNESS WHEREOF the parties hereto, by and through their undersigned authorized
officers have caused this Agreement to be executed on this day of , 2017.
ATTEST: PINELLAS COUNTY EMERGENCY KENNETH BURKE, CLERK MEDICAL SERVICES AUTHORITY
By and through its Board of County Commissioners
by: by: Deputy Clerk Chairman Countersigned: CITY OF TREASURE ISLAND, FLORIDA by: _
Mayor Approved as to Form: Attest: by:_____________________________ by:_______________________________ City Attorney City Manager
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Page 38
Appendix A ALS First Responder Profile
Contractor Treasure Island EMS District Treasure Island Authority Funded Units Engine 24
Contractor Funded Units Medic 24
EMS Coordination EMS Administrative Coordinator – ½ FTE
FY17-18 Annual Compensation $518,716
Projected Capital FY17-18 Staff Vehicle - ½
FY18-19 None FY19-20 None FY20-21 None FY21-22 None
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Page 39
Appendix B
ALS First Responder Contractors CITY OF CLEARWATER CITY OF PINELLAS PARK 112 S. Osceola Avenue P O Box 1100 Clearwater, FL 33756 Pinellas Park, FL 33780-1100 ATTN: City Manager ATTN: City Manager CITY OF DUNEDIN PINELLAS SUNCOAST P O Box 1348 FIRE & RESCUE DISTRICT Dunedin, FL 34697 304 First Street ATTN: City Manager Indian Rocks Beach, FL 33785 ATTN: Chairman, Board of Commissioners EAST LAKE TARPON SPECIAL FIRE CONTROL DISTRICT CITY OF SAFETY HARBOR 3375 Tarpon Lake Boulevard 750 Main Street Palm Harbor, FL 34685 Safety Harbor, FL 34695-3597 ATTN: Chairman, Board of Commissioners ATTN: City Manager CITY OF GULFPORT CITY OF ST. PETE BEACH 2401 53rd Street South 155 Corey Avenue Gulfport, FL 33707 St. Pete Beach, FL 33706-1701 ATTN: City Manager ATTN: City Manager CITY OF LARGO CITY OF SEMINOLE P O Box 296 9199 113th Street North Largo, FL 33779-0296 Seminole, FL 33772-2806 ATTN: City Manager ATTN: City Manager LEALMAN CITY OF SOUTH PASADENA SPECIAL FIRE CONTROL DISTRICT 7047 Sunset Drive South 4360 55th Avenue North South Pasadena, FL 33707-2895 St. Petersburg, FL 33714 ATTN: City Clerk ATTN: Chairman, Board of Commissioners CITY OF TARPON SPRINGS CITY OF MADEIRA BEACH 324 Pine Street East 300 Municipal Drive Tarpon Springs, FL 34689 Madeira Beach, FL 33708 ATTN: City Manager ATTN: City Manager CITY OF TREASURE ISLAND CITY OF OLDSMAR 120 108th Avenue 100 State Street West Treasure Island, FL 33706-4794 Oldsmar, FL 34677-3655 ATTN: City Manager ATTN: City Manager PALM HARBOR SPECIAL FIRE CONTROL DISTRICT 250 W. Lake Road Palm Harbor, FL 34684 ATTN: Chairman, Board of Commissioners
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Page 40
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. - Phillips MRx ECG Monitor/Defibrillator with the following clinical specifications: biphasic defibrillation, Q-CPR meter, 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 ALS First Responder Units to include all patient cables, accessories, cases, battery chargers and batteries as needed. - Phillips MRx ECG Monitor/Defibrillators in the same configuration above shall be utilized for reserve and spare equipment. The specific quantity shall be determined by the Authority. Provided By Contractor: - Rescue equipment required by the Department
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Page 41
Appendix D
EMS FINANCIAL INFORMATION ATTESTATION FORM Instructions: In accordance with the ALS First Responder Agreement, funds provided by the EMS Authority must be used solely for EMS Allowable Costs. Any unspent balance at the conclusion of a fiscal year must be accounted for and returned to the EMS Authority. The following form is provided for consistent cost reporting and shall be submitted within ten (10) business days of Contractor’s receipt of Annual External Audit. To be Completed 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.
I certify the costs identified, in line 2 above, are related to EMS Authorized 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 other allowable costs. ________________________________________ Signature and Date, Contractor’s External Auditor
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Page 1
DATE: August 29, 2017 TO: Mayor and City Commission FROM: Tiffany Makras, City Clerk SUBJECT: Resolution 17-96, Code Enforcement Board Appointments
BACKGROUND The Code Enforcement Board currently has a two vacancies: At-Large Member and an Alternate Member. DISCUSSION The current At-Large Member vacancy was created due to Dominique Reiter reaching term limits. Diane Law, currently appointed as an Alternate Member, has expressed an interest in appointment as an At-Large Member and is eligible to fill that vacancy. Her current appointment expires 8/31/2019. Janet Bryant submitted an application for appointment and has expressed an interest in appointment as an Alternate Member. She is eligible to fill that vacancy effective immediately for a full three-year term expiring 8/31/2020. ATTACHMENT J. Bryant Application
CITY OF TREASURE ISLAND AGENDA COVER MEMORANDUM
September 5, 2017 Item No. I. 3.
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CITY OF TREASURE ISLAND, FLORIDA 120 108TH AVENUE, TREASURE ISLAND, FL 33706
TELEPHONE: 727-547-4575
APPLICATION FOR APPOINTMENT TO BOARD OR COMMITTEE
Please indicate your preference of board or committee:
0 Beach Stewardship Committee [{]Code Enforcement Board
0 Planning & Zoning Board
0 Other - Please Specify Where needed - Available for Daytime if know date in advance and all nighttime meetings.
Are you a Treasure Island Resident?
Are you available for:
Name Janet Bryant
Daytime meetings Evening meetings
Address 11325 2nd Street East, Treasure Island, FL 33706
Email [email protected]
Ill Yes
DYes DYes
DNo
DNo DNo
Phone 813-843-3739
PresentOccupat ion_V_P_S_a_le_s _____ __________ ______________ ~
If retired, what was your last occupation? _ _____________ ___________ _
Please list any special education, skills, or talents that would be beneficial to the appointment you are seeking: Past Director of Operations, Budget Experience , Presentation Design , Public Speaking
In compliance with Section 760.80, Florida Statutes, the City of Treasure Island is required to report annually to the Secretary of State the number of minority and non -minority, and the number of physically disabled appointments to a board, committee, or commission.
GENDER
RACE
OM ale DFemale
DAfrican-American DAsian-American D Hispanic-American
PHYSICALLY DISABLED Dves
D Native-American [{]Caucasian
llJNo
Should I be appointed to serve on a board or committee, I agree to comply with the State of Florida's Sunshine Laws, the Code of Ethics for Public Officers per the Florida Commission on Ethics, and uphold the City's Cha rter and Code of Ordinances. I understand that I will have to take an Oath of Office should I be appointed to a quasi-judicial board. I understand that if I am appointed to the Planning & Zoning Board or Code Enforcement Board I will be required to comply with financial reporting regulations.
Janet Bryant
Signature
Digitally signed by Janet Bryant Date: 2017.08 .20 21 :51:36 -04'00'
For Offi ce Use Only - Dist rictl
08-20-2017
Date
Revised 04/ 03/2017
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RESOLUTION NO. 17-96
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TREASURE ISLAND APPOINTING AN AT-LARGE AND AN ALTERNATE MEMBER TO THE CODE ENFORCEMENT BOARD; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Commission previously authorize and approve through
Ordinance 93-6 the establishment of a Code Enforcement Board to enforce the Code of Ordinances of the City of Treasure Island, Florida; and
WHEREAS, there are current vacancies for an At-Large Member and an Alternate Member; and
WHEREAS, the City Commission desires to appoint an At-Large Member and an Alternate Member; and
WHEREAS, Diane Law, an Alternate Member since January 2017, is eligible for
appointment as an At-Large Member; and
WHEREAS, Janet Bryant submitted an application and is eligible for appointment as an Alternate Member on the Code Enforcement Board.
WHEREAS, the City of Treasure Island Commission, after due consideration, has determined that appointing an At-Large Member and Alternate Member is in the best interest of the City of Treasure Island.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF TREASURE ISLAND DOES RESOLVE THAT:
Section 1. Diane Law is appointed as an At-Large Member of the Code Enforcement Board for a term ending August 31, 2019.
Section 2. Janet Bryant is appointed as an Alternate Member of the Code Enforcement Board for a term ending August 31, 2020.
Section 3. This Resolution is effective immediately upon adoption.
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The foregoing Resolution was offered during Regular Session of the City Commission of the City of Treasure Island, Florida, sitting on the 5th day of September, 2017 by Commissioner _______ who moved its adoption; was seconded by Commissioner _______ and upon roll call, the vote was:
YEAS: NAYS: ABSENT OR ABSTAINING:
__________________________ Robert Minning, Mayor ATTEST: Tiffany Makras, City Clerk
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