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FIRE PROTECTION SERVICES AGREEMENT (2) I '1 FIRE PROTECTION SERVICES AGREEMENT This Agreement. made and entered into by the Pinellas County Fire Protection Authority, created pursuant to Chapter 73-600 FS. Laws of Florida. hereinafter called "Authority," and the City of Clearwater. a Florida municipal corporation. hereinafter called "City." WIT N E SSE T H: WHEREAS. the Authority has been created to establish and implement a permanent plan of fire protection for Pinellas County. FL. and each of its municipalities. pursuant to Chapter 73-600. Laws of Florida Special Acts of 1973; and WHEREAS. the Authority is authorized to enter into agree- ments for fire protection services and the City is willing and able to provide fire protection services; NOW, THEREFORE. and in consideration of the mutual cove- nants. terms and conditions herein set forth to be kept and per- formed by the parties hereto, it is agreed as follows: SECTION 1. Standards and Definitions. The term "fiscal year" as used herein means the period of time commencing October 1. and continuing through September 30. ()(! " fL:)!,{ /U-,C fdj tCf.J~f) lei/v/S-J O CJj! 'n [I "./r,) 1('\/" . I y' I_./~.A."H h..J(e>: -'I t;,lO/u ( " fL.!.' /:/) I I SECTION 2. Obligations of City. The City shall: I. 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. 2. Provide mutual aid fire service in response to an authorized request from another fire department within Pinellas County. FL 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. 2 J I SECTION 2. Services Provided and Obligations of City. - (Continued) 5. Allow access to and inspection of any of its prem- ises. 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 pro- tection 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 contract 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. 3 I I SECTION 3. Budget Approval and Authority's Payments. - (Continued) The City will arrange for an annual financial audit by an independent Certified Public Accountant (CPA) and submit the audited annual financial report to the Authority on or before April 1 of the succeeding fiscal year. The annual financial report will include a schedule identifying budgeted and actual expenditures of the funds provided pursuant to 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 for 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. 4 I 1 SECTION 4. Fire Reports. The City shall complete a state fire report for each fire incident to which 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. 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 any negligent operation of equipment. The Authority and the City shall only be obligated to indemnify and hold harm- less the other under this Agreement to the extent that each may be held liable under Chapter 768.28 of the 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. 5 I 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 third 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 with- out the prior written consent of the Authority. SECTION 7. Term of Agreement. This Agreement shall be in effect for a term of two (2) years commencing October 1. 1987 and continuing through September 30. 1989. unless terminated or renewed 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 Auth- ority all monies received but not earned as compensation for serv- ices 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. 6 I I SECTION 9. City is Independent Contractor. During the term of this Agreement. and during the per- formance of any obligations hereunder. the City shall be deemed to be an independent contractor in all respects and shall not be the agent. servant. officer. or employee of the Authority. SECTION 10. Nondiscrimination. I. The City. during the performance of this Agreement. agrees to comply with all applicable provisions of federal. state. and local laws and regulations pertaining to prohibited discrimination. 2. The City will not discriminate against any appli- cant for employment because of race. religion. color. national origin. sex or age. The City will take affirmative action to ensure that applicants are employed without regard to their race. religion, color. national origin. sex or age. Such action shall include. but not be limited to the follow- ing: employment. upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of com- 7 I I SECTION 10. Nondiscrimination. - (Continued) pensation; and selection for training. including apprenticeship. The City agrees to post in con- spicuous places. available to employees and appli- cants for employment. notices to be provided setting forth the provisions of this non-discrimination clause. 3. The City. will. in all solicitations or adver- tisements for employees placed by or on behalf of the City. state that all qualified applicants will receive consideration for employment without regard to race. religion. color, national origin, sex or age. 4. The City will send to each labor union or repre- sentative of workers with which it has a collective bargaining agreement or other contract or under- standing. a notice to be provided advising the labor union or workers' representative of City's commitments under this section. and shall post copies of the notice in conspicuous places avail- able to employees and applicants for employment. The City will take action with respect to any sub- contract or purchase order as the administering agency may direct as a means of enforcing such provision. including sanctions for non-compliance. 8 I I SECTION 11. Fiscal Non-Funding. The funds to be used for services performed pursuant to this contract are subject to periodic appropriation of funds by the Pinellas County Authority. After acceptance of bid. further obligations under this contract beyond funds appro- priated in the 1987/1988 budget for this contract are con- tingent upon the availability of funds. If funds are not appro- priated by the Authority for any or all of this contract. the Authority shall not be obligated to pay for any services per- formed under this contract beyond the portion for which funds are appropriated. Such failure of appropriation shall not constitute a breach of this Agreement. The Authority agrees to promptly notify the City in writing of such failure of appropriation. 9 "",' \ , t . ! I I IN WITNESS WHEREOF the parties hereto. by and through their undersigned authorized officers. have caused this Aqreemeot to be executed on this. the ~aY of /~r--' 1987. ATTEST: KARLEEN F. DeBLAKER. CLERK PINELLAS COUNTY FIRE AUTHORITY By: A<#~ - ~ akvL (SEAL) BY:~ Chairma APPROVED AS TO FORM: PINELLAS COUNTY ATTORNEY By: #f~ ATTEST: _,..> : CITY OF CLEARWATER - '. "~ ~~C.~~ - (SEAL }. /-"'- ~-- By: 10 08/87 0247j - 1/11