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Home My WebLink AboutResolution No. 2016-19 (fire) RESOLUTION NO. 2016-19 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING AN ADDENDUM TO THE CONTRACT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND THE CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC.; PROVIDING FOR THE REPEAL OF PRIOR, INCONSISTENT RESOLUTIONS,SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS,the City of Cape Canaveral and the Cape Canaveral Volunteer Fire Department, Inc. have entered into that certain Contract for Services dated September 25, 2007; and Resolution No. 2015-05 was adopted on May 19, 2015 for the purposes of modifying the term for Services to expire on September 30,2034; and WHEREAS, said Contract provides that the City and the Cape Canaveral Volunteer Fire Department, Inc. shall renegotiate the base contract each year after the first contract year. NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,BREVARD COUNTY, FLORIDA,AS FOLLOWS: SECTION 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. SECTION 2. Execution of Addendum. The Mayor and City Clerk are authorized to execute an Addendum to the Contract for Services between the City of Cape Canaveral and the Cape Canaveral Volunteer Fire Department, Inc. to provide for a base contract price for the contract year October 1, 2016 through September 30, 2017. A copy of said Addendum is attached hereto and made a part hereof by this reference as if fully set forth. SECTION 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 20th day of September, 2016. (Signature page follows) k 7 �_)� ��`�,��. 1/Bob Hoog, Mayor r ,, . 1, ,y' 1 , ' L. ATTEST: - '' Name FOR AGAINST j . . i..; �'� ` John Bond Motion ,/i, '1 - Mia Goforth, C A , Mike Brown x City Clerk Bob Hoog x Brendan McMillin Second Betty Walsh x Approved as to legal form and sufficiency For the City of Cape Canaveral only by: An hong A. Garganese, City Attorney City of Cape Canaveral Resolution No.2016-19 Page 2 of 2 Resolution No.2016-19 Attachment ADDENDUM THIS ADDENDUM is entered into this 20th day of September, 2016 by and between the CITY OF CAPE CANAVERAL, FLORIDA, hereinafter called the "City", and the CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., d/b/a CANAVERAL FIRE RESCUE, a non-profit Florida corporation, hereinafter called the "Corporation." WHEREAS, the City and the Corporation have entered into that certain Contract for Services dated September 25, 2007("Contract"),which Contract is for a term of twenty-seven(27) years; and WHEREAS, said Contract requires the City and the Corporation to re-negotiate the base contract price for each year of the Contract after the first year; and WHEREAS,the parties have agreed to a revised Contract price for the period October 1, 2016 through September 30, 2017. NOW,THEREFORE,in consideration of the mutual covenants and agreements herein contained, the parties agree as follows: 1. Recitals. The parties agree that the above recitals are true and correct and incorporated into the body of this Agreement by this reference. 2. Price Revision. Paragraph 13 of the Contract is amended to read as follows: "The City agrees that in return for services specified herein, it will pay the Corporation the base annual contract price of$1,722,586. The compensation provided for herein shall be paid monthly in the sum of$143,548.83 per month commencing on the first day of October, 2016 and continuing on the first day of each month thereafter. The parties shall renegotiate the base contract price for each successive year of this contract annually. 3. Public Records Revision. Paragraph 23 of the Contract is amended to read as follows: "Pursuant to Section 119.0701, Florida Statutes and other applicable public records laws, CONTRACTOR agrees that any records, documents, transactions, writings, papers, letters, computerized information and programs, maps, books, audio or video tapes, films, photographs, data processing software,writings or other material(s),regardless of the physical form, characteristics, or means of transmission, of CONTRACTOR related, directly or indirectly, to the services provided to the CITY under this Agreement and made or received pursuant to law or ordinance or in connection with the transaction of official business by the CITY, may be deemed to be a public record, whether in the possession or control of CITY or the CONTRACTOR. Said records, documents, transactions, writings, papers, letters, computerized information and programs, maps, books, audio or video tapes, films, photographs, data processing software,writings or other material(s),regardless of the physical form, characteristics, or means of transmission of CONTRACTOR are subject to the Cape Canaveral Volunteer Fire Department Resolution No.2016-19 Addendum to Contract 2016/2017 Attachment Page 2 of 3 provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the CITY's designated custodian of public records. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDSICITY CLERK AT (321) 868-1220, 105 POLY.AVENUE, CAPE CANAVERAL, FLORIDA 32920. CONTRACTOR is required to and agrees to comply with public records laws. CONTRACTOR shall beep and maintain all public records required by CITY to perform the services as agreed to herein. CONTRACTOR shall provide the CITY, upon request from the CITY CLERK, copies of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that docs not exceed the cost provided by law. CONTRACTOR shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term. Upon completion of the Agreement, CONTRACTOR shall transfer to CITY, at no cost, all public records in possession of the CONTRACTOR, provided the transfer is requested in writing by the CITY CLERK. Upon such transfer, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. However,if the CITY CLERK does not request that the public records be transferred, the CONTRACTOR shall continue to keep and maintain the public records upon completion of the Agreement and shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to CITY, upon request from the CITY CLERK, in a format that is compatible with the information technology systems of CITY. Should the CITY not possess public records relating to this Agreement which are requested to be inspected or copied by the CITY or any other person, the CITY shall immediately notify CONTRACTOR of the request and the CONTRACTOR shall then provide such records to the CITY or allow the records to be inspected or copied within a reasonable time. If the CONTRACTOR does not comply with a public records request, the CITY may enforce this Section to the extent permitted by law. CONTRACTOR acknowledges that if the CONTRACTOR does not provide the public records to the CITY within a reasonable time,the CONTRACTOR may be subject to penalties under Section 119.10, Florida Statutes. The CONTRACTOR acknowledges that if a civil action is filed against the CONTRACTOR to compel production of public records relating to this Agreement,the court may assess and award against CONTRACTOR the reasonable costs Cape Canaveral Volunteer Fire Department Resolution No.2016-19 Addendum to Contract 2016/2017 Attachment Page 3 of 3 of enforcement, including reasonable attorney fees. All public records in connection with this Agreement shall, at any and all reasonable times during the normal business hours of the CONTRACTOR, be open and freely exhibited to the CITY for the purpose of examination, audit,or otherwise. Failure by CONTRACTOR to grant such public access and comply with public records laws and/or requests shall be grounds for immediate unilateral cancellation of this Agreement by the CITY upon delivery of a written notice of cancellation. If the CONTRACTOR fails to comply with this Section, and the CITY must enforce this Section, or the CITY suffers a third party award of attorney's fees and/or damages for violating Chapter 119, Florida Statutes, due to CONTRACTOR's failure to comply with this Section, the CITY shall collect from CONTRACTOR prevailing party attorney's fees and costs, and any damages incurred by the CITY, for enforcing this Section against CONTRACTOR.And, if applicable, the CITY shall also be entitled to reimbursement of all attorneys' fees and damages which the CITY had to pay a third party because of the CONTRACTOR's failure to comply with this Section. The terms and conditions set forth in this Section shall survive the termination of this Agreement." 4. Continuing Effect. Except as modified by this Addendum, the Contract shall remain in full force and effect. IN WI'T'NESS WHEREOF, the undersigned CITY OF CAPE CANAVERAL, a municipal corporation,by its duly authorized officer,has executed this instrument this 20th day of September, 2016. 4` V, CITY OF CAPE CANAVERAL, FLORIDA ATTEST.'' �• R;+,� a Municipal C riporation •.. � i By; Mia Goforth,CD' , Bob Hoog, MAY CITY CLERIC 4 �,ICorporate Seal} IN WITNESS WHEREOF, the undersigned CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT,INC., d/b/a CANAVERAL FIRE RESCUE, a non-profit corporation,by its authorized officers,has executed this instrument this day of September, 2016. v CAPE CANAVERAL VOLUNTEER FIRE T ST: ,�_ DEPARTMENT, INC.,d/b/a CANAVERAL FIRE RESCUE,a non-profit Corporation „ it FIRE r r r r ec lie"i'�✓ tor.y y By: orpo �+� $, Dave Sargeant, CH EF � r