FIRE PROTECTION SERVICES AGREEMENT
\-..,.
1 .' I
I
FIRE PROTECTION SERVICES AGREEMENT
This Agreement, made and entered into by and between the Pinellas
County Fire Protection Authority, created pursuant to Chapter 73-600, Laws of
Florida, herein called "Authority," and the City of Clearwater, a Florida
municipal corporation, hereinafter called "City."
WITNESSETH:
WHEREAS, the Authority was created to establish and implement a
permanent plan of fire protection for Pinellas County, Florida, and each of its
municipalities, pursuant to Chapter 73-600, Laws of Florida; and
WHEREAS, the Authority is authorized to enter into agreements for fire
protection services and the City is willing and able to provide fire protection
services;
NOW, THEREFORE, in consideration of the mutual covenants, terms and
conditions herein set forth to be kept and performed by the parties hereto, it is
agreed as follows:
Section 1. Definitions.
The term "fiscal year" as used herein means the period of time
commencing October 1, 1986, and continuing through September- 30, 1987.
Section 2. Obligations of City.
The City shall:
1. Provide fire protection services to the residents of the unincorporated
area of Pinellas County within the City's fire protection district, as established
pursuant to state and local laws and ordinances, in accordance with the terms
and conditions of this Agreement.
-1-
06 '
/::'(.'/' "1/t / 'I " I'l
./ (~A",' I~-
(J fJtAJI..lIJ II ...
I
'Ii~ ;..,' I,'"i
j_'--' /., It?
-
I
.
2. Provide mutual aid fire service in response to an authorized request
from another fire department within Pinellas County, Florida, in accordance
with a mutual aid agreement between the City and the other fire department.
3. Perform fire protection services under this Agreement in accordance
with all applicable state and local laws and ordinances.
4. Make the reports and preserve the records required by the Authority.
The City shall maintain property inventory, financial, and budget records, and
other information and data as may be reasonably required by the Authority.
5. Allow access to and inspection of any of its premises, records,
equipment and vehicles funded, as may be reasonably required by the Authority
to assure the performance of the City's obligations hereunder.
Section 3. Budget Approval and Authority's Payments.
The City shall submit a budget to the Authority setting forth the
reasonable and customary cost of providing fire protection services described in
Section 2. Upon review and approval of the budget by the Authority, the
Authority shall make monthly payments to the City beginning at the
commencement of the fiscal year. The amount to be paid during the term of
this Agreement shall be determined by the Authority and the City based upon
the request of the City and the requirements of state and local laws and
ordinances.
The City agrees that acquisition of capital assets with funds provided
under this Agreement shall be by purchase, lease purchase or lease, and no such
assets shall be mortgaged or pledged as security for any debt.
The City will arrange for an annual financial audit by an independent
Certified Public Accountant (CPA) and submit the auditor's report to the
Authority on or before April 1, 1988. The audit will identify budgeted and
-2-
I
I
actual expenditures of the funds provided under this Agreement. The auditor
shall examine the City's financial statements in order to express an opinion on
the fairness with which they present financial positions, results of operations,
and changes in financial positions in conformity with generally accepted
accounting principles.
Funds provided under this Agreement will be used only for fire protection
purposes, and shall not be used for non-operating purposes such as, but not
limited to, gifts, donations, bonuses, parties, flowers, sponsorship of
organizations, public relations, good will, and travel expenses in excess of rates
specified by Section 112.061, Florida Statutes.
The Authority may withhold payment to the City if the City fails to
perform in accordance with the provisions of this Agreement.
Section 4. Fire Reports.
The City shall complete a state fire report for each fire incident to which
the City's units respond. The City shall train its employees to correctly
complete the forms in accordance with the instructions provided by the state.
Section 5. Mutual Obligations of Parties to Each Other.
The Authority and the City agree that each will defend, indemnify and
save the other harmless due to the negligent acts of its own employees,officers,
or agents, including volunteers, or due to its negligent operation of equipment.
The Authority and the City shall each be obligated to indemnify and hold
harmless the other under this Agreement only to the eA1:ent that it may be held
liable under Section 768.28, Florida Statutes, as the same may be amended from
time to time. This section shall not be construed as waiving any defense or
limitation which either party may have against any claim or cause of action by
any person not a party to this Agreement.
-3-
~.
-
I
Section 6. Obligations not for Third Party Benefit or to be Assigned.
This Agreement is not intended nor shall it be construed to enure to the
benefit of any person or entity not a party hereto, and no right, duty or
obligation of the City under this Agreement shall be assigned to any person,
,
private association or corporation, not-for-profit corporation, or public body
without the prior written consent of the Authority.
Section 7. Term of Agreement.
This Agreement shall be in effect for a term of one (1) year commencing
October 1, 1986, and continuing through September 30, 1987, unless terminated
in accordance with this Agreement.
Section 8. Default, Termination, Renewal.
Either party may terminate this Agreement upon providing ninety (90)
days' written notice to the other party. In the event of termination by either
party, the City shall return to the Authority all monies received but not earned
as compensation for services and all vehicles owned by the Authority. Such
return shall be executed and completed within five (5) working days after the
effective date of termination as specified in the termination notice.
Section 9. City is Independent Contractor.
During the term of this Agreement, and during the performance of any
obligations hereunder, the City shall be deemed to be an independent contractor
in all respects and not the agent, servant, officer, or employee of the
Authority.
-4-
-&,.
\ -'
I
1:-
IN WITNESS WHEREOF the parties hereto, by and through their
undersigned authorized officers, have caused this Agreement to be executed
this ;)3tJ-.-day of September, 1986.
ATTEST:
Karleen F. DeBlaker, Clerk
By /J~~
(S~AL) ~ ~/
it, '\ C; F "~: \'~, :;~'. .,."."
-l'l",! ~TrORI..c:.l
'-~-'{U"I"\"--I"COU\''l\ ,\'
rlV ".....
--
By F,ttorne'j
,/
PINELLAS COUNTY FIRE
AUTHORITY . ~
By .~7~
Chairman
Approved as to form:
Pinellas County Attorney
By
Attest:
0, ~~- f
Cit Clerk-
(SEAL)
...... -. -
~~a~-
-5-