FIRE PROTECTION SERVICES AGREEMENT (4)
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FIRE PROTECTION SERVICES AGREEMENT
AGREEMENT made and entered into this #f ~
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day of October,
1994, by and between the Pinellas County Fire Protection Authority,
a municipal service taxing unit ("Authority"), the governing body
of which is the Board of County Commissioners, and the City of
Clearwater, a Florida municipal corporation ("City").
R E C I TAL S:
1. The Authority was created for the purpose of establishing
and implementing a permanent plan of fire protection for the
unincorporated areas of Pinellas County.
2. Pursuant to the authority granted to it by Chapter.73-600,
Laws of Florida, as amended (Codified at Part I, Article II,
Pinellas County Code) and its home rule power under the Pinellas
County Charter (collectively, "Act"), Authority has divided the
County into fire districts, each of which districts became
operative upon approval by the electors of such districts at a
properly held referendum.
3 . The Clearwater Fire Control District was created by a
resolution of the Board of County Commissioners ("Board") of
Pinellas County on July 23, 1974, pursuant to approval of a
majority of the electors in a special election on December 4, 1973.
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Fire Protection Services Agreement
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4. Pursuant to the Act, Authority is empowered to direct the
appropriate fire department to provide fire protection to the
unincorporated area within a fire district and to compensate the
fire department for such service.
5. Authority desires that City provide fire protection
services to Clearwater Fire Control District.
NOW THEREFORE, for 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.
DEFINITIONS. Unless the context otherwise requires,
capitalized terms used herein shall have the following meanings
ascribed to them.
"Act" means the Pinellas County Home Rule Charter approved by
the voters on October 7, 1980 and Chapter 73-600, Laws of Florida,
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codified at Part I, Chapter 12, Article II, Compiled Laws and
Ordinances of Pinellas County.
"Board"
means
the
Pinellas
County
Board
of
County
Commissioners.
"Closest Unit Response'" means the dispatch of the closest
available fire engine (s) needed at an emergency regardless of
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Fire Protection Services Agreement
City of Clearwater/ Page 3
jurisdiction of the emergency or the responding unit(s).
"County" means Pinellas County, Florida.
"District" means the Clearwater Fire Control District, as
described in a Resolution adopted by the Board on July 23, 1974.
"Fire Protection Services" means services including but not
limited to: fire suppression activities, hazardous materials
responses, fire inspection and surveys of properties, fire and
arson investigations, and public education.
"Fiscal Year" means the period of time commencing October 1,
and continuing through September 30.
"Mutual Aid" means aid provided pursuant to the Mutual Aid
Agreement.
"Mutual Aid Agreement" means the Automatic Aid/Closest Unit
Response Agreement dated October 16, 1990, by and among Pinellas
County and the various municipal fire departments and fire
districts.
"Response Time" means the period of time commencing when City
fire units are notified of an emergency and ending when the first
engine arrives on the scene of the incident.
"Run Cards" means the predetermined systematic response of fire
engines based on data in the County's dispatch computer system.
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Fire Protection Services Agreement
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"Standard Practices" means the 600 Series Standard Operating
Procedures adopted by the Pinellas County Fire Chiefs Association,
and as may be amended, and State of Florida and Federal
Occupational Safety Health Acts, as they affect Fire Protection
Services provided hereunder.
SECTION 2.
OBLIGATIONS OF CITY.
, City shall:
(a) Provide Fire Protection Services to the residents of the
District in accordance with the terms and conditions of this
agreement and with all applicable state and local laws, ordinances
and Standard Practices;
(b) Provide Mutual Aid in accordance with the Mutual Aid
Agreement;
(c)
Participate in the Closest Unit Response program.
City
will respond with the closest available fire-fighting engine to any
fire service or department related incident within City's or other
pinellas County area;
(d) Reach an incident scene with the appropriate fire-fighting
engine within five (5) minutes at least seventy~five (75%) of the
time;
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Fire Protection Services Agreement
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(e) Staff the first responding fire-fighting engine with a
minimum of
three
(3 )
fully trained and state
certified
firefighters;
(f) Submit to the Authority as part of the budget process
described in Section 4 hereof, costs incurred by the City in
implementing any Standard Practices and Procedures;
(g) Provide command officers, in addition to the staff
referred to in subsection (e) above,
to respond to appropriate
incidents within the District;
(h) Insure that Run Cards are developed and implemented to
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secure Closest Unit Response and to provide proper command and
control of all fire department responses; and
(i) Provide to the Authority the name of the City's bookkeeper
or financial manager.
SECTION 3. PERFORMANCE OF SERVICES.
In the event that Authority finds any deficiency in meeting the
level of services described herein which affects or may affect the
performance of services hereunder, Authority shall notify City of
such deficiency or deficiencies and shall give City thirty (30)
days from receipt of such notice within which to cure such
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deficiency to the satisfaction of Authority. Authority may, in its
sole discretion, extend the cure period. In the event of such
extension, City and Authority shall prepare an agreement outlining
a planned program for curing the deficiency.
SECTION 4. COMPENSATION.
(a) Submission and Approval of Budget. Each year, City shall
submit to Authority a budget for providing the services hereunder.
Such budget shall set forth, in accordance with the Budget
Preparation Instructions provided annually, the cost of providing
the services described in Section 2 hereof.
The Authority shall
review the budget and may make such recommendations for changes as
it deems necessary or appropriate. Upon review and approval of
the budget by Authority, in accordance with Chapter 73-600, Laws of
Florida, and other applicable law, Authority shall, beginning on
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October 1 of a given Fiscal Year, make monthly payments to the City
in the amount of one-twelfth (1/12) of the approved budget, less
the capital reserves being held by the authority for certain future
projects. The amount to be paid during the term of this contract
shall be determined by Authority in accordance with the
requirements of the Act and any other applicable law.
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SECTION 6.
FIRE REPORTS.
City shall complete an incident report, in the County 9-1-1
computer, for each fire incident in the District to which City's
units responded. The incident report shall meet the Florida Fire
Incident Reporting System requirements.
City shall train its
employees to correctly complete the forms in accordance with the
instructions provided by the State of Florida and Pinellas County.
, Upon request from City, Authority shall furnish City with fire
incident data which City has put into the County 9-1-1 computer
pursuant to this Section.
SECTION 7.
MUTUAL OBLIGATIONS TO PARTIES.
Authority and 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. Authority and City shall only be
obligated to indemnify and hold harmless the other under this
Agreement to the extent that each may be held liable under the
Waiver of Immunity provisions in Chapter 768.28 of the Florida
Statutes, as the sametnay be amended from time to time.
This
section shall not be construed as waiving any defense or limitation
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Fire Protection Services Agreement
City of Clearwaterl Page 10
which either party may have against any claim or cause of action by
any person not a party to this Agreement.
SECTION 8.
OBLIGATIONS NOT FOR THIRD PARTY BENEFIT OR TO BE
ASSIGNED.
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 Corporation 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 9.
TERM OF AGREEMENT.
The Agreement shall take effect upon execution by the City and
Authority and shall continue through September 30, 1997 unless
terminated or renewed in accordance with this Agreement.
SECTION 10.
TERMINATION AND DISPOSITION OF ASSETS.
(a) Termination By Authority.
Authority may terminate this
Agreement by serving upon City a ninety (90)
days written notice
of Authority's intention to terminate this Agreement.
(b) Termination By City. City may terminate the Agreement by
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giving to Authority ninety (90) days
written notice of its
intention to terminate.
(c) Disposition of Assets.
(i) Properties Held in Trust. The parties agree that all
vehicles, equipment, and property, real or personal, tangible or
intangible, are held by City in trust for the benefit of the
taxpayers of the District and that Authority has all rights and
powers o~ enforcement with respect to such trust.
(ii) Assets Paid For By Authority.
Upon termination of
this Agreement, City shall return to Authority, for the use and
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benefit of the taxpayers, all assets purchased solely with funds
provided to City under this or any prior agreement with the
Authority.
Authority will assume any obligation on such assets
which was incurred in accordance with the terms of this Agreement.
(iii) Assets Paid For By City.
Any assets which were
purchased solely with funds other than those provided by Authority
to City under this or any preceding contract, shall remain the
property of City.
(iv) Assets Paid For By Both City and Authority.
In case
of any asset purchased with funds of both the City and the
Authority, City and Authority shall determine the fair market value
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of such asset and then shall prorate such fair market value
according to the respective interest of each the City and the
Authority.
In the event City desires to retain said asset, City
shall pay to Authority an amount equal to Authority's interest in
said asset.
In the event that Authority desires to retain said
asset, Authority shall pay to City an amount equal to City's
interest in said asset.
If neither the City 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 City and the
Authority.
(v) Intangible Assets. Upon termination of this Agreement,
City shall also return to Authority all unexpended monies received,
including monies in reserve or in any bank account, but not earned
as compensation for services provided.
The return of any assets and funds shall be executed and
completed upon the effective date of termination as specified in the
termination notice.
In connection with the return of assets and
funds, City shall submit to Authority a list of all capital assets
of the City along with a list of all accounts held in the City's
name which are held in conjunction with this agreement.
City is
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Fire Protection Services Agreement
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responsible for all prorated debts incurred in the performance of
the obligations of this contract.
SECTION 11. CITY IS INDEPENDENT CONTRACTOR.
During the term of this Agreement, and during the performance of
any obligations hereunder, City shall be deemed to be an independent
contractor in all respects and shall not be the agent, servant,
officer, or employee of Authority.
SECTION 12.
MODIFICATION.
No modification or change in this Agreement shall be valid or
binding upon the parties unless in writing and executed by the party
or parties intended to be bound by it.
SECTION 13. NOTICES AND ADDRESS OF RECORD.
A. All notices requ~ired or made pursuant to this Agreement by
City to the Authority shall be in writing and delivered by hand or
by United States Postal Service Department, first class mail,
postage pre-paid, return receipt requested, addressed to the
following:
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Pinellas County Fire Protection Authority
12490 Ulmerton Road
Largo, FL 34644
B. All notices required or made pursuant to this Agreement by
Authority to City shall be in writing and delivered by hand or by
United States Postal Service Department, first class mail, postage
pre-paid, return receipt requested, addressed to the following:
Fire Chief
City of Clearwater
610 Franklin Street
Clearwater, FL 34616
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SECTION 14. NO WAIVER.
The failure of the Authority to enforce at any time or for any
period of time anyone or more of the provisions of the Agreement
shall not be construed to be and shall not be a waiver of any such
provision or provisions or of its right thereafter to enforce each
and every such provision.
SECTION 15.
SEVERABILITY.
Should any provision of the Agreement be determined by a Court
to be unenforceable, such a determination shall not affect the
validity or enforceability of any other section or part thereof.
SECTION 16.
GOVERNING LAW.
This Agreement shall be interpreted under and its performance
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governed by the laws of the State of Florida.
SECTION 17.
SECTION HEADINGS.
The headings and titles of each section of this Agreement are
for convenience only and do not effect the substance or
enforceability of any duties or obligations of either party hereto
as described herein.
IN WITNESS WHEREOF the parties hereto, by and through their
authorized officers, have caused this Agreement to be executed on
this, the
day of October, 1994.
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ATTEST:
KARLEEN F. DeBLAKER, CLERK
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ATTEST:
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Go;:rcleau
EliZ~~~Ptula
City Manager
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PINELLAS COUNTY FIRE
PROTECTION AUTHORITY
APPROVED AS TO FORM:
BY'count~~eY
Pinellas County Board of
County Commissioners
Countersigned:
BY:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
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BY:
City Attorney, Pamela Ko Akin
City of Clearwater
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BOARD OF COUNTY COMMISSIONERS
PINELLAS COUNTY, FLORIDA
BRUCE TYI\jDALL- GHAI.RMAN
BARBARA SHEEN TODD- VICE CHAIRMAN
SALLIE PARKS
CHARLES E. RAINEY
STEVE SEIBERT
FIRE AND EMS ADMINISTRATION
12490 ULMERTON ROAD
LARGO, FLORIDA 34644
PHONE: (813) 582-2000
December 13, 1994
Chief Robert L. Davidson
Clearwater Fire Dept.
610 Franklin street
Clearwater, FL 34616
Dear Chief Davidson:
Please find enclosed one (1) original executed copy of the Fire
Protection Services Agreement between the Pinellas County Fire
Protection Authority and the City of Clearwater.
Please don't hesitate to contact me if you have any questions.
Sincerely,
fJ?~
Dwaine E. Booth, Fire Coordinator
Fire Administration
DEB/gmc
Enc.
"Pinellas County .is an Equal Opportunity Employer" . Member-Pinellas Partnership for a Drug Free Workplace 0 printed on recycled paper