HomeMy WebLinkAboutcocc_resolution_no_2021-14_20210921RESOLUTION NO. 2021-14
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, 2021 through September 30, 2022. 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resolutions in conflict herewith are hereby repealed to the extent of the conflict.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 21st day of September, 2021.
[Signature Page Follows]
City of Cape Canaveral
Resolution No. 2021-14
Page 1 of 2
ATTEST:
Mia Goforth, CMC
City Clerk
Approved as to legal form and sufficiency
For the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
Bob Hoog, Mayor
Name FOR AGAINST
Mike Brown x
Bob Hoog x
Mickie Kellum x
Wes Morrison Motion
Angela Raymond Second
City of Cape Canaveral
Resolution No. 2021-14
Page 2 of 2
SEAL of Cape Canaveral, Florida
Resolution No. 2021-14 I Attachment
ADDENDUM
THIS ADDENDUM is entered into this 21st day of September, 2021 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,
2021 through September 30, 2022.
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 $1,978,473. The compensation
provided for herein shall be paid monthly in the sum of $164,872.75 per month
commencing on the first day of October 2021 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."
4. Continuing Effect. Except as modified by this Addendum, the Contract shall remain in full
force and effect.
IN WITNESS WHEREOF, the undersigned CITY OF CAPE CANAVERAL, a municipal corporation,
by its duly authorized,`officer, has executed this instrument this 21st day of September, 2021.
ATTEST: CITY OF CAPE CANAVERAL, FLORIDA
a Municipal Corporation
(Signature)
Mia Goforth, CMC By: (Signature)
CITY CLERK Bob Hoog, MAYOR
(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 21st day of September, 2021.
ATTEST: CAPE CANAVERAL VOLUNTEER FIRE
DEPARTMENT, INC., d/b/a CANAVERAL
FIRE RESCUE, a non-profit Corporation
(Signature) By: (Signature)
Secretary
Corporate Seal Dave Sargeant, FIRE CHIEF
SEAL of Cape Canaveral, Florida