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FIRE PROTECTION SERVICES AGREEMENT (3) 1 I 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 "Contractor." WIT N E SSE T T H: WHEREAS, the Authority is empowered by Article II section 2.04 (L) of the Pinellas County Home Rule Charter, to adopt regulations prescribing practices for safeguarding, to a reasonable degree, life and property from the hazards of fire and explosion, and from conditions hazardous to life or property in the use or occupancy of buildings or premises. 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 Article II section 2.04 (L) of the pinellas County Home Rule Charter; and WHEREAS, the Authority is authorized to enter into agreement for fire protection services, and the Contractor is willing and able to provide fire protection services; 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. Standards and Definitions. 1. "Fiscal Year" as used herein means the period of time commencing October 1st and continuing through september 30th. ee:~~d- ~ vm~ "- :to', I 1/ ft' /' c.) L_{ .. Lf Q - , \, :'-" '. j I SECTION 1. Standards and Definitions. - (continued) 2. Contractual Aid - means an aid provided as a result of the contracts for service between Pinellas County, the various municipalities, fire districts, and defined by ISO Commercial Risk Services, Inc., who rate the level of fire protection provided by each fire department. 3. Automatic Aid/Closest unit Response - The mutual response of fire companies between jurisdictions on first, and/or succeeding alarms, to enhance the response time, and or, to provide additional fire fighting resources. 4. Standard Practices - The recognized fire service standards and practices as adopted-by the International city Managers Association (leMA), National Fire Protection Association (NFPA), Insurance Services Office (ISO), and Occupation Safety Health Act (OSHA). 5. Fire Protection Services - These services.shall include but not be limited to: fire suppression activities, hazardous materials response, fire inspection and surveys of prop- erties, fire and arson investigations, and public education. section 2. Obligations of Contractor. The Contractor shall: 1. Provide fire protection services to the residents of the unincorporated area of Pinellas County within the contractor's fire protection district, as established pursuant to FS 73-600, local laws and ordinances such as Fire Prevention Ordinance 84-1; including those of the contractor, in accordance with the terms and conditions of this Agreement. 2 .' 1 I SECTION 2. Obligations of Contractor. - (Continued) 2. Provide contractual aid or 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 Contractor and the other fire departments. 3. Participate in the closest unit response proqram. Contractor will respond the closest available fire-fighting emergency unit per the appropriate run cards, to any fire service or department related incident within the contractor's or adjacent fire protection district. 4. The normal response time of the appropriate fire-fighting units to reach the incident scene will not exceed five (5) minutes, 90 percent of the time. 5. The first responding fire-fighting unit will be manned by a minimum of two (2) fully trained and sta~e-certified firefighters unless otherwise agreed to by the surrounding districts in their standard operatinq procedures (SOP). 6. Perform fire protection services under this Agreement, in accordance with all applicable state and local laws, ordinances, and recognized acceptable standard practices and procedures. Contractor will normally provide command officers for incidents within their districts. 7. Contractor will prepare and maintain the appropriate run response cards (run cards) to secure closest unit response, and to provide proper command and control of all fire department responses. 3 I 1 SECTION 2. obligations of Contractor - (Continued) 8. A review of the performance of the district in relation,to the standards set forth herein, will be conducted annually. noncompliance will be expected to be rectified within 30 days under most conditions. Extension of up to 90 days may be allowed upon review by the Fire Protection Authority. If items of non-compliance will take more than thirty (30) days to correct, an agreement between the district and the Fire protection Authority will be prepared and implemented, outlining a planned program for compliance. 9. Appeals of performance reviews will first be made in writing to Pinellas County Fire Administration. If a settlement can not be reached, the appeal will be presented to the county Fire Protection Authority for review and determination. 10. Provide the names, addresses and telephone numbers of each member and director of the volunteer organization where applicable. 11. Identify the names of any corporations, auxiliaries, and other organizations which contribute funds or equipment to benefit the fire department. 12. Identify the name of the Contractor's bookkeeper or financial manager, and provide written evidence that person is bonded in the amount of ten (10) percent of Contractor's annual income from this contract. 13. Notify the Authority of any mortgage or encumbrance of any asset owed by Contractor for fire apparatus or fire station facilities. Proceeds from any loan, whether secured or unsecured, shall not be used to pay for operating expenses. 14. Non-compliance can result in the termination of said agreement. 4 . . I I SECTION 3. Budget Approval and Authority's Payments Review. 1. The Contractor 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 Contractor 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, the Contractor and the requirements of state and local laws and ordinances. 2. The Contractor 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 without the written consent of the Authority or its designees. 3. The Contractor 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 1st of the succeeding fiscal year. The audit will identify budgeted and actual expenditures of the funds provided pur- suant to this Agreement~ The auditor shall examine the Con- tractor'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. In addition, the Contractor agrees to make available, upon request, its financial records for review by the County's internal auditor. All financial records will be retained 'for a period of three (3) years after presentmemt of the audit report referred to above. 4. 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, bonues, good will, and travel expenses in excess of rates specified by section 112.061, Florida Statutes. 5 1 I SECTION 3. Budget Approval and Authority's Payments Review. - (Continued) 5. The Authority may withhold payment to the Contractor if the Contractor fails to perform in accordance with the provisions of this Agreement. 6. The Authority reserves the right to withhold payment of reserve funds until the completion of a designated project. The Contractor must request in writing,the disbursement of said funds. Any interest which may accrue will be used by the Authority to offset future district expenses. SECTION 4. Fire Reports. The Contractor shall complete a county approved state fire report from each fire incident to which Contractor's units responded. The Contractor 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 Contractor 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 Contractor shall only be obligated to indemnify and hold harmless 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 con- strued as waiving any defense or limitation which either party may have against any claim or cause by action by any person not a party to this Agreement. 6 ) I SECTION 6. Obligations Not For Third Party Benefit or to be ~sig~d. This Agreement is not intended, nor shall it be construed to inure to the benefit of any third person or entity not a party ,hereto, and no right, duty or obligation of the Contractor under this Agreement shall be assigned to any person, private association or corporation, not-for-profit corporation, or public body without the prior written consent of the Authority. SECTION 7. Term of Agreement. This Agreement shall be in effect for a term of three (3) years commencing October 1, 1991, and continuing through September 30, 1994 unless terminated or renewed in accordance with this Agreement. SECTION 8. Default, Termination, Renewal. 1. The Authority may terminate this Agreement for cause. For the purpose of this Agreement, cause shall be defined as: (1) the financial inability on the part of the Contractor to provide the services required by this part; (2) any pattern of conduct on the part of the Contractor which constitutes a substantial failure to provide the level of fire protection which is reasonable under prevailing community standards or failure to comply with the per- formance standards described in section 2. However,in the event the Authority believes that cause exists for the termination of this contract, then the Authority shall 7 I I SECTION 8. Default, Termination, Renewal. - (Continued) serve upon the Contractor a written notice of those acts or omissions which the Authority feels constitutes cause for termination under this Agreement. Following receipt of the written notification, Contractor shall have thirty (30) days to correct the act or omission, or to establish to the reasonable satisfaction of the Authority that the service is beingprovided to the level required under this contract. In the event that the Contractor fails to correct or explain the deficiencies listed, the Authority shall be free to terminate this contract upon the giving of ninety (90) days' notice. 2. The parties agree that all vehicles, equipment, and property are held by the Contractor in trust for the benefit of the taxpayers of the. Contractor's fire protection district. The Contractor shall return to the Authority all assets purchased solely with funds provided by the Authority if this contract is terminated. Any assets which were purchased solely with funds other than those provided by the Authority to the Contractor under this contract, shall remain the property of the Contractor. 3. In the case of any asset purchased with funds of both the Contractor and the Authority, Contractor and Authority shall determine the fair market value of such asset and then shall prorate such fair market value according to the respective interest of each the Contractor and the Authority. 4. In the event the Contractor desires to retain said asset, the Contractor shall pay the Authority. an amount equal to Authority's interest in said asset. In the event that 8 I I SECTION 8. Default, Termination, Renewal. - (Continued) Authority desires to retain said asset, the Authority shall pay to Contractor an amount equal to Contractor's interest in said asset. 5. If neither the Contractor nor the Authority desires to retain said asset, then the asset will be sold at public sale to the highest bidder and the net proceeds distributed according to the respective interest of each of the Contractor and the Authority. 6. The return of assets and funds shall be executed and com- pleted upon the effective date of termination as specified in the termination notice. 7. Contractor is responsible for all debts incurred in the performance of the obligations of this contract. Contractor may terminate this Agreement upon giving six (6) months' notice. SECTION 9. Contractor is Independent Contractor. During the term of this Agreement, and during the performance of any obligations hereunder, the Contractor shall be deemed to be an independent contractor in all respects, and shall not be the agent, servant, officer, or employee of the Authority. The Authority shall not be deemed the agent, servant, officer, or employee .of the Contractor. SECTION 10. Non-discrimination. 1. The Contractor, during the performance of this Agreement agreed to comply with all applicable provisions of federal, state and local law and regulations pertaining to prohibited discrimination. 9 > . I I SECTION 10. Non-discrimination. - (Continued) 2. The Contractor will not discriminate against any applicant for employment because of race, religion, color, national origin, sex or age. The Contractor 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 following: upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provision of this non-discrimination clause. 3. The Contractor, will, in all solicitations or advertisements for employees place by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, national origin, sex or age. 4. The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contact or understanding, a notice to be provided advising the labor union or worker's representative of Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The Contractor will take action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provision, including sanctions for non-compliance. 10 ;. . I I SECTION 11. Fiscal Non-Funding. The funds to be used for services performed pursuant to the contract are sUbject to periodic appropriation of funds by the Authority. After acceptance of this Agreement further obligations under this contract beyond funds appropriated in the 1991/1992 budget, and subsequent years for this contact, are contingent upon the availability of funds. If funds are not appropriated by the Pinellas County Fire Protection Authority for any or all of this contract, the Authority shall not be obligated to pay for any services performed under this contract beyond the portion for which funds are appropriated and the Contractor shall not be obligated to perform under this Agreement for any services not paid for or for any services for which funds are not appropriated. Such failure of appropriation shall not constitute a breach of this Agreement. The Authority agrees to promptly notify the Contractor in writing of such failure of appropriation. 11 ... ~ ~. I I IN WITNESS WHEREOF the parties hereto, by and undersigned authorized officers, have caused this executed on tbis, tbe .l7:34-day of r?~ ATTEST: their through Agreement , 1992. to be KARLEEN F. DeBLAKER, CLERK PINELLAS COUNTY FIRE PROTECTION AUTHORITY BY: BY:~ (JfJ.AJ APPROVED' A TO FORM: PINELLAS COUNTY ATTORNEY ATTEST: BY:~ I (SEAL) CITY OF CLEARWATER :..:> .~ ---" -,. (S~ld,,) COUNTERSIGNED: APPROVED AS TO FORM: BY: BY: M. A. GAL IT, CITY ATTORNEY TA GARVEY MAYOR-COMMISSION 12 10/91 I I R!"" "~=IVED .PII 1 4 1992 CLEA.'~'.i.=.TER FIRE DEPT. Chief Robert Davidson Clearwater Fire Department 610 Franklin street Clearwater, FL 34616 Dear Chief Davidson: Attached are two signed copies of the new Fire District Contracts. Thank you for your assistance. Sincerely, ~I /J !~.AJ7, ~ ~ () tJuv---e:- ,,'- -.:'"'-c-r . ~ . wa~ne E. Booth, F1re Coord1nator Fire Administration db Enclosures Cory c( ry .CLC"I'Z!C O(~)e c-:: /J / /[,v( r~1 /J r G [,t:' vG' ~/ 1 7 !/ e::/ .----- I( L) C.)^-.;' 7/-/(-/~ 77 .. )_. I~ L~ @OWrnrrj: .\11 j U ~ UUti JUL 15 1992 L:I I L-c,....~--.J " . CITY CLERK DEPT. ' ,~ ~' I , RECEIVED J U L 1 4 1992 No. :<-; B.C.C. 6:30 P.M. 6-23-92 - WATHEN e~~AftWA UR FIRE DEPT. #29 FIRE PROTECTION SERVICES RENEWAL AGREEMENTS WITH CITIES OF CLEARWATER AND LARGO - APPROVED FOR EXECUTION Noting for the record that the Board is now sitting as the Fire Protection Authority, County Administrator Fred E. Marquis recommended approval of Fire Protection Services Renewal Agreements for the period October 1, 1991 to September 30, 1994 with the Cities of Clearwater and Largo. In his memorandum of June 23, 1992, Mr. Marquis indi- cated, in part, that the Authority has contracted with various municipalities and volunteer fire departments for fire protec- tion services in the unincorporated area of Pinellas County; and that the agreements are with the Cities of Clearwater and Largo for the provision of those services in their respective fire district areas. Commissioner Chesnut moved, seconded by Commissioner Tyndall and carried, that the agreements be approved for execu- tion.