The contract unfinished, Belleair Bluffs hesitates to seal a Largo management deal. So Largo addresses negligence concerns.
By LORRI HELFAND
Published February 20, 2004
BELLEAIR BLUFFS - Three months ago, Largo Fire Rescue was poised to begin running the Belleair Bluffs Fire Department.
Three months later, they are still waiting for the okay.
Officials on both sides have spent much of this week coming to a consensus on the last major issue, which revolves around liability and negligence concerns.
Tuesday night, Belleair Bluffs city commissioners voted 3-2 to conditionally accept Largo's agreement to manage the Belleair Bluffs Fire Department. Largo hadn't finished the contract, and commissioners wanted to make sure the final agreement was to their liking.
"Time is of the essence," Mayor Chris Arbutine said, and he encouraged the commission to give him the authority to sign the contract if all of them approve Largo's final draft.
Commissioners agreed that if they have questions or concerns, a special meeting will be held to discuss them. This isn't the first time the Belleair Bluffs commission has hesitated to sign off on the agreement. Last week, commissioners delayed signing the first draft because they found sticking points.
Tuesday, their key concern was a clause that said Belleair Bluffs would assume responsibility for defending liability claims resulting from Largo's negligence.
Commissioners Robert Russo and Dave Shimkus voted against the conditional approval.
"I don't feel comfortable agreeing to or voting on any contact that's not complete in its entirety," Shimkus said.
Commissioner Hunt Brand said he approved of the agreement, conditionally, because he had worked with City Attorney John Hubbard and trusted his judgment.
Most of the commissioners don't have problems with the concept of liability as a whole. But, they don't want their city to assume responsibility for damages caused by Largo's negligence while managing the department.
Florida law prohibits provisions in contracts like these that require one party to assume responsibility for defending claims resulting from the other party's negligence, Hubbard said.
Belleair Bluffs has added Largo to its liability insurance policy with the Florida League of Cities. On Thursday, Largo Assistant City Attorney Tammi Bach said the protections in the policy were acceptable. As a result, she removed contract language that made Belleair Bluffs responsible for Largo's negligence and sent a revised agreement to Belleair Bluffs on Thursday, she said.
If the Belleair Bluffs City Commission approves the revised agreement, Largo's City Commission still needs to vote on it. But Bach said Largo officials don't plan to put the agreement on the agenda until the city of Belleair Bluffs has approved the contract and signed it.
Belleair Bluffs' department has been without a permanent leader for two years. Largo first stepped in to help the town temporarily. Then three Belleair Bluffs fire lieutenants split administrative tasks. And since spring, Mike Cooksey, Pinellas County fire coordinator, has been overseeing the daily activities at the station.
Several months ago, Belleair Bluffs put out feelers to see if other municipalities wanted to manage its department.
Largo made the only offer, and a month ago, Belleair Bluffs commissioners voted 4-1 to negotiate a three-year agreement with Largo Fire Rescue to run their one-station department, which serves Belleair Bluffs, the town of Belleair and unincorporated areas of Harbor Hills, Harbor Bluffs and Oakdale Manor.
Under the agreement, Belleair Bluffs would pay Largo Fire Rescue $136,500 the first year, with inflationary adjustments in the second and third year.
Largo's department would supervise and train employees and oversee fire incident reporting and fire investigations, orchestrate fire prevention activities and develop long-range plans for fire prevention.
