FIRE PROTECTION SERVICES RENEWAL AGREEMENT
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RECEIVED
FEB 21 1990
FIRE PROTECTION SERVICES
RENEWAL AGREEMENT
aTY CLERK
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
corporation, hereinafter called "City."
WIT N E SSE T H:
WHEREAS, the Authority and the City have entered an
agreement for fire protection services for the period of
time commencing October 1, 1987 and ending September 30,
1989; and
WHEREAS, the Authority and the City wish to renew the
agreement for the same terms and conditions;
NOW, THEREFORE, and 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. Term of Agreement.
The Agreement previously executed by the parties and
attached to this Agreement as Exhibit A is renewed for a
period of time commencing October 1, 1989 and ending
September 30, 1991.
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IN WITNESS WHEREOF the parties hereto, by and through
their undersigned authorized officers, have caused this
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Agreement to be executed on this, the t~day of 7Z~ ,
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ATTEST:
KARLEEN F. DeBLAKER, CLERK
PINELLAS COUNTY FIRE
PROTECTION AUTHORITY
By: A~ #u-
DePuty Clerk
BY:~~
Chairman
(SEAL)
APPROVED AS TO FORM:
PINELLAS COUNTY ATTORNEY
By: ~
ATTEST:
CITY OF CLEARWATER
lta Garvey
Mayor-Commissioner
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FIRE PROTECTION SERVICES
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AGREEMENT
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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.
EXHIBIT A
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SECTION 2. Obligations of City.
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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.
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.
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SECTION 2. Services Provided and Obligations of City.
- (Continued)
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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 budge~ 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.
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SECTION 3. Budget Approval and Authority's Payments. -
(Continued)
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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.
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SECTION 4. Fire Reports.
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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.
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SECTION 6. Obligations not for Third Party Bftnefit 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
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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 Autbority. Such return shall
be executed and completed within five (5) working days after the
effective date of termination as specified in the termination notice.
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SECTION 9. City is Independent Contractor.
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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.
1. 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-
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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.
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SECTION 11. Fiscal Non-Funding.
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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.
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IN WITNESS WHEREOF the parties hereto. by and through
their undersigned authorized officers. have caused ~his
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Agreement to be executed on this. the ;Z9-day of ~;t--. 1967.
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ATTEST:
KARLEEN F. DeBLAKER. CLERK
PINELLAS COUNTY FIRE
AUTHORITY
By:
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(SEAL)
By: ~J
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APPROVED AS TO FORM:
PINELLAS COUNTY ATTORNEY
By: I;;f/:/~g
ATTEST:
CITY OF CLEARWATER
By:
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CTITY CLERI'.:
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(SEAL)
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