HomeMy WebLinkAboutResolution No. 2017-19 (CCVFD) RESOLUTION NO.2017-19
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 1,2017 through September 30, 2018. 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resolutions in conflict herewith are hereby repealed to the extent of the conflict.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 at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida,
assembled this 19th day of September, 2017.
[Signature Page Follows]
City of Cape Canaveral
Resolution No.2017-19
Page 1 of 2
Bob Hoog, Mayor
ATTESTS: Name FOR AGAINST
Mike Brown Motion
Mia Goforth, CMC, Bob Hoog x
City Clerk
Brendan McMillin Second
Rocky Randels x
Betty Walsh x
Approved as to legal form and sufficiency
For the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution No.2017-19
Page 2 of 2
Resolution No. 2017-19
Attachment
ADDENDUM
THIS ADDENDUM is entered into this 19th day of September, 2017 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,
2017 through September 30, 2018.
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 $1,748,425. The compensation
provided for herein shall be paid monthly in the sum of$145,702.08 per month
commencing on the first day of October, 2017 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. Notice Revision. Paragraph 20 of the Contract is amended to read as follows:
"Notice or other writing required or permitted under this Agreement shall be given
to the Corporation, attention Fire Chief and/or Chairman at 190 Jackson Avenue,
Cape Canaveral, Florida, 32920; and to the City, attention City Manager at 100
Polk Avenue, Post Office Box 326, Cape Canaveral, Florida, 32920."
4. Continuing Effect. Except as modified by this Addendum, the Contract shall remain in full
force and effect.
[Signature Page Follows]
Resolution No. 2017-19
Attachment
Cape Canaveral Volunteer Fire Department
Addendum to Contract 2017/2018
Page 2 of 2
IN WITNESS WHEREOF, the undersigned CITY OF CAPE CANAVERAL, a municipal
corporation,by its duly authorized officer,has executed this instrument this 19th day of September,
2017.
CITY OF CAPE CANAVERAL, FLORIDA
ATTEST: a Municipal Corporation
By.
Mia Goforth;CMC Bob Hoog, MAYOR
CITY CLERK
(Corporate 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 19th day of September, 2017.
CAPE CANAVERAL VOLUNTEER FIRE
ATTEST: DEPARTMENT, INC., d/b/a CANAVERAL
FIRE RESCUE, a non-profit Corporation
Secretary By:
(Corporate Sea) Dave Sargeant, FIRE CHIEF