HomeMy WebLinkAboutResolution 2007-27RESOLUTION NO. 2007 -27
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; AUTHORIZING AN AGREEMENT FOR FIRE
PROTECTION, EMERGENCY MEDICAL SERVICES, AND AN OPERATING
EQUIPMENT LEASE BETWEEN THE CITY OF CAPE CANAVERAL,
FLORIDA AND THE CAPE CANAVERAL VOLUNTEER FIRE
DEPARTMENT, INC.; PROVIDING FOR 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
WHEREAS, said Contract contains a ten (10) year term commencing on October 1,
2007, and provides that the city and the cape Canaveral Volunteer Fire Department, Inc.
shall renegotiate the base contract price for each contract year after the first contract year.
NOW, THEREFORE, be it resolved by the City Council of the City of cape
Canaveral, Brevard County, Florida as follows:
SECTION 1. The Mayor and City Clerk are authorized to execute an Agreement to
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, 2007 through Se tember 30 2008. A copy of said Agreement is attached
hereto and made a part hereof by this reference as if fully set forth.
SECTION 2 . The Mayor and city Clerk are authorized to execute an operating
Equipment Lease Agreement between the city of Cape Canaveral and the cape Canaveral
Volunteer Fire Department, Inc. for a (10) year term commencing on October 1, .,,2007 until
September 30 2017 A copy of said operating Equipment Lease Agreement is attached
hereto and made part hereof by this reference as if fully set forth.
City of Cape Canaveral, Florida
Resolution No. 2007 -27
Page 2
SECTION 3. This Resolution shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 25th day of September, 2007.
Rocky Randels, Mayor
ATTEST:
Suss = o ills,, City_CIerk
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Robert Hoog x
Leo Nicholas Motion
Buzz Petsos Second
Rocky Randels x
Shannon Roberts x
For Against
Approv s to Form:
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Anthony A. Garganese, City Attorney
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CONTRACT FOR SERVICES
THIS AGREEMENT entered into this ZS day of September, 20 1, by and between the CITY OF
CAPE CANAVERAL, Florida, (hereinafter called the City), and the CAPE CANAVERAL VOLUNTEER
FIRE DEPARTMENT, INC., a non - profit Florida corporation, (hereinafter called the Corporation).
WITNESSETH:
WHEREAS, the City of Cape Canaveral holds a responsibility to its citizens to provide adequate fire
protection and emergency medical services; and
WHEREAS, the electors of the City of Cape Canaveral by majority vote have directed the Mayor and City
Council to utilize the Cape Canaveral Volunteer Fire Department, Inc. to provide fire protection services;
NOW, THEREFORE, in consideration of the agreement hereinafter set forth and in further consideration
of the payments hereinafter set forth, the parties hereto agree as follows:
1. The Corporation agrees to provide emergency fire protection and emergency medical services within the
City of Cape Canaveral, Florida.
2. The Corporation agrees to comply with any mutual aid pact or similar agreement entered into bythe City
I providing for emergency fire protection services outside of the municipal boundaries of the City.
3. The Corporation agrees to respond to any other emergency situation when ordered to do so bythe City
Manager of Cape Canaveral, or his duly appointed designee.
I 4. The Corporation agrees to comply with all orders of the Fire Chief of the Cityof Cape Canaveral relating
j to the providing of the services referred to herein.
5. The Corporation agrees to require its members to attend training sessions in order to achieve and
maintain the degree of proficiency required bythe State of Florida for firefighters. The Corporation also agrees to
undergo additional training as maybe required bythe City at reasonable times and upon reasonable notice; special
training shall be administrated by a State Certified Fire Service Instructor. This expense will be in addition to the
amount determined in Paragraph 12 of this Contract, providing the City approves the special training request in
advance..
6. The Corporation agrees to establish Rules and Regulations for personnel and equipment. These Rules
and Regulations are to be in conformance with the intent of providing safe, competent, courteous, and reliable fire
protection service to the City. A copy of these rules and regulations are available for review by the City during
normal working hours.
7. The Corporation agrees to maintain attendance and training records and to allow the inspection or
copying of such records by the City upon two working days notice to the Corporation.
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j 8. The Corporation agrees to maintain at all times a minimum seven (7) firefighters per 24 hour shift.
Trained firefighter shall mean possession of State Certification as Firefighters, or greater. The Corporation shall
immediately notify the City Manager, in writing, should said 24 hour shift fall below seven (7).
9. The Corporation shall provide the Citywith the level of service and all support services incident thereto
as follows:
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(a) At all times there shall be seven (7) trained firefighters on duty to respond to calls.
14 (b) The Corporation agrees to provide Advanced Life Support Services. The Corporation shall have one
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j a minimum of two (2) Paramedics, and two (2) Emergency Medical Technicians on duty at all times. These
personnel can also be the personnel required in paragraph 9(a).
(c) The Fire Chief of CX shall perform the duties as the City's Fire Chief for all prevention, fire, and
emergency medical services activity
1 (d) The Corporation shall provide the services of a Fire Safetylnspector. The Fire Safetylnspector shall
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perform those services on behalf of the City as are set forth in Florida State Statute 633, and the City Code of
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1 Ordinances.
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' 10. The City shall provide fire fighting equipment to the Corporation which shall be used within the
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corporate limits of Cape Canaveral or in such other geographical area as determined bythe senior officer on duty
The Corporation shall have the authority over the day to day use of said equipment in carrying out its duties
j under this Agreement. Routine maintenance of said equipment shall be the responsibility of the Corporation.
1 Major repairs, defined herein as any repair exceeding five hundred dollars ($500.00) per occurrence, shall be the
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responsibility of the City
11. All personnel used by the Corporation in the performance of this Agreement shall be members or
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employees of the Cape Canaveral Volunteer Fire Department, Inc.
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12. The Corporation agrees to obtain Public Liability, Casualty and PropertyDamage Insurance, insuring the
Corporation and the City against any and all claims, demands, and causes of action for bodily injury or property
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damage relating to the performance of any duty or obligation herein set forth, including acts or omissions of the
1 Corporation's Paramedic and EmergencyMedical Technician personnel. The limits of said policies shall be in the
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l amount of $1,000,000.00. The Corporation also agrees to provide Worker's Compensation coverage for the
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i firefi hters so long as they are acting within the scope of their duties; and fire, storm, and roe damage
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insurance on the Fire Stations. The Corporation agrees to maintain the insurances required bylaw on its Defined
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Benefit Retirement Plan. The City shall pay the Corporation, in addition to the other sums payable under this
I contract, one -half (1/2) of the cost to the Corporation of the above described insurance. The Corporation will
provide the Citywith copies of the certificates of insurance indicating that the City is an additional insured there
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under.
13. The City agrees that in return for services specified herein, it will pay the Corporation the base annual
contract price of $1,200,720. The compensation provided for herein shall be paid monthly in the sum of $100,060
per month commencing on the first day of October, 2007, and continuing on the first day of each month
A thereafter. The base contract price for each successive year of this Contract shall be renegotiated by the parties
I annually. The City further agrees that in the event of a catastrophic event, additional funding shall be provided by
the City for vehicles, equipment, personnel, and supplies, less any disaster relief funding provided by another
agency.
14. The City agrees to make an annual payment of one half (1/2) of the total cost to the Corporation for the
Volunteer Length of Service Award Program.
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15. The terms of this Agreement shall be for a period of ten (10) years, commencing on the first day of
j October 2007, and ending on the thirtieth day of September, 2017.
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1 16. This Agreement may be terminated, or any terms thereof modified, altered, or amended at any time by
mutual agreement of the parties hereto.
1 17. In the event either party defaults in the performance of any obligations under this Contract, and said
default continues for a period of thirty (30) days after written notice of such default, this Contract maybe canceled
at the option of the other party. No delayin enforcing any right hereunder shall be deemed a waiver of any rights
the non - defaulting party may have in these premises.
18. To the extent permitted bylaw and subject to the limitation set forth in Paragraph 22 of this Agreement,
the City and the Corporation each indemnify and will hold the other whole and harmless from any and all manner
of action and actions, cause and causes of action, suits, trespasses, judgments, executions, claims and demands,
losses and damages, and costs and expenses of any kind whatsoever, including reasonable attorney's fees and
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j court costs which may be claimed by any third party to have resulted from or arise out of the intentional or
negligent acts of the employees, officers, or agents of the other, whether occurring before or after the City and
I Corporation assumed the obligations of this agreement.
19. During the duration of this agreement, all disputes or disagreements between the parties relative to either
party's performance under the terms of this agreement, will be presented specifically, in writing, by the party
I claiming the dispute. Thereafter, the responding party will answer specifically in writing within thirty (30) days to
the claimant. Within fifteen (15) days thereafter, the parties will be at a mutually agreeable time and place to either
settle the dispute, or mutually agree to the facts and issues. Thereupon, if not settled, each party shall submit the
1 issues to binding arbitration. The parties will choose a retired circuit judge as arbitrator. If the parties cannot
agree on an arbitrator, then an arbitrator will be selected by the Court pursuant to Florida State Statute 682.
20. Notice or other writing required or permitted under this Agreement shall be given to the Corporation,
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attention Fire Chief and /or President at 190 Jackson Avenue, Cape Canaveral, Florida, 32920; and to the City,
attention City Manager at 105 Polk Avenue, Post Office Box 326, Cape Canaveral, Florida, 32920.
21. This Agreement is subject to Article IV, section 4 of the City Charter and applicable provisions of the
City Code. Corporation agrees to fullycomplywith the City Code and any amendments to Article IV, section 4 of
the City Charter, or any other provision of the City Charter related to fire protection and emergency medical
services, which are approved by a majority of the qualified electors of the City at a duly held referendum. If the
qualified electors of the City, by referendum election, choose to eliminate the City Charter provision which
requires the City to contract with the Corporation, or Article IV, section 4, is declared invalid by a court of law,
I the City shall have the right to terminate this Agreement with thirty (30) days written notice to the Corporation. If
1 the City elects to terminate this Agreement, the City and Corporation shall have no further liability or obligation
under this Agreement. In addition, should the City elect to create its own fire department upon termination of
this Agreement, the City will give preference to the hiring of the paid employees of the Corporation, with the
exception of the Fire Chief, provided said employees can satisfythe minimum hiring standards of the Citythat are
in place at the time of hiring. Said preference will expire six months from the date that the City creates its own
fire department.
22. Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement
I shall be construed as a waiver of the City's right to sovereign immunityunder section 76828, Florida Statutes, or
other limitations imposed on the City's potential liability wider state or federal law. As such, the City shall not be
liable under this Agreement for punitive damages or interest for the period before judgment. Further, the City
shall not be liable for any claim or judgment, or portion thereof, to any one person for more than one hundred
thousand dollars ($100,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other
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claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or
occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00). This paragraph shall survive
termination of this Agreement.
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IN WITNESS WHEREOF, the undersigned QTY OF CAPE CANAVERAL, FLORIDA, by its duly
authorized officers, has executed this instrument this Lei_ day of September 204.
CITY OF CAPE CANAVERAL, FLORIDA
A municipal corporation
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Rocky Randels, M ayor
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A'1 1EST:
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Susan Stills, City Clerk
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IN WITNESS WHEREOF, the undersigned CAPE CANAVERAL VOLUNTEER FIRE
DEPARTMENT, INC., a non - profit corporation, by its authorized officers, has executed this instrument this
day of September 20 .
CAPE CANAVERAL VOLUNTEER FIRE
DEPARTMENT C., a non - ro s rporation.
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By: 1 • ' ire ,�f'M O
ATTEST: /
,,,, ,-_-..--
Brian Teek, Secretary
(CORPORATE SEAL)
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OPERATING EQUIPMENT LEASE AGREEMENT
The QTY OF CAPE CANAVERAL (QTY) as Lessor, and the CAPE CANAVERAL VOLUNTEER
FIRE DEPARTMENT, INC ( CCVFD) as Lessee, enter into this Operating Equipment Lease Agreement this
2 b `clay of September, 2007, and agree as follows:
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1. The QTY leases the fire equipment and fire vehicles listed on attached Exhibit "A" to the
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I CCVFD for the use of the CCVFD in performing its obligations under the fire service contract between the
parties dated the 242 day of September, 2007.
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2. The parties hereto acknowledge that title to the fire equipment and fire vehicles is and shall
i remain in the QTY at all times during the term of the lease.
3. The CCVFD will pay the QTY the sum of $1.00 for the term of the lease of said equipment.
I 4. The CCVFD agrees to keep the leased equipment in good repair and condition and further
agrees to use said equipment only for the purposes set forth in the above referenced fire service contract.
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1 5. The CCVFD agrees to maintain propertydamage, theft, and liabilityinsurance on said equipment
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during the term of this lease in policy amounts acceptable to the QTY.
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6. The term of this lease shall be from 1st day of October, 2007 until the 30th day of September,
2017, unless sooner terminated by the mutual agreement of the parties. In the event the fire service contract
1 between the parties is terminated prior to the 30th day of September, 2017, this lease shall terminate
simultaneously.
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IN WITNESS WHEREOF, we have set our names and seals on the date above written.
LESSOR QTY OF CAPE CANAVERAL, FLORIDA, a
municipal corporation
By. Gk R ocky Randels, Maor
Ail EST:
Susan 41s,rk
STATE OF FLORIDA
COUNTY OF BREVARD [[ , /
The foregoing instrument was acknowledged before me this . i/ dayof Ah2✓' /Nk&✓ , 2007 by
RockyRandels, on behalf of the QTY OF CAPE CANAVERAL, who is personally known to me and who did
not take an oath. • /
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+, "' +., MY COMnMIA FORTH
.. a1SS'ON # DD 408260 i NO '' Y P : C 9
V . EXP� '3.1% 16.2009 My Commission expires:
' a ' ern. uweners (SEAL)
LESSEE: CAPE CANAVERAL VOL > ER "4
4
DEP' ' JJ ` go, n.. -profi o . .ration
By. �
1 Dav id J . Sup ' t, Fir/ 'ef /CEO
x T: /
B • eek, Secre
STATE OF F •RIDA
COUNTY OF BREVARD
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I The foregoing instrument was acknowledged before me this S 61 ‘dayof DoL on, ,6e/L , 2007 by
David J. Sargeant, on behalf of the CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., who is
personally known to me and who did not take an oath. 46,( ,t,e)4,,eet/v
NOTARY PUBLIC
My commission expires: ocf- Z Z.,
1
(SEAL)
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NOTARY PUBLIC -STATE O' FLORIDA
1 , Heidi Strickland
f Commission # DD476536
Expires: OCT. 22, 2009
Bonded Thru Atlantic Bonding Co., Inc.
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1 EXHIBIT "A" — CITY
YEAR MAKE /MODEL VIN# OWNERSHIP
1991 International /Pierce Eng52 1 HTSONZR5NH401331 CITY
2005 Pierce Quantum Pumper SQ52 4P1 CU01 S65A005326 CITY /PORT
1997 Hacknee International Support52 1 HTSDADNOVH409832 CITY /PORT
2002 Pierce Quantum Ladder Trk52 4P1CT02562A002116 CITY /PORT
1 2001 Pierce F550 MiniPumper SQ53 1 FDAW57F21 EB19338 CITY /PORT
2004 Ford Ranger Pickup Fire Inspector 1 FTZR45E44TA17915 CITY /PORT
2005 Ford F250 Pickup F5 1 FTSW205X5EB62453 CITY /PORT
2003 Ford Crown Victoria F1 2FAFP71W83X119198 CITY /PORT
2001 Ford Expedition District53 1 FMPU16LX1 LA72488 CITY /PORT
2003 Dodge Intrepid 2FAFP71W6YX164342 CITY /PORT
2007 Ford Expedition 1FMFU16557LA42207 CITY /PORT
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Bennett Boucher
From: Anthony Garganese jagarganese a@orlandolaw.net
Sent: Friday, September 21, 2007 3 :59 PM
To: Bennett Boucher
Bennett, as we discussed, here are my changes. I can't amend David's email. The document was not even in a
word processing document. Please amend the Fire Contract as follows:
A. Para ra h 'l8
forth in Paragraph �Z of this A . At the beginning add: "To the extent permitted b law and • •
Ag reement,"" Cit Y subject to the Imitation set
9 ty and the Co ....
B. Add the following paragraph at the end of the agreement:
22. Notwithstanding any other provision set forth in this Ag reement, -
g nt, nothing contained �n this
Agreement shall be construed as a waiver of the Cit rig to sovereign '
tY g gn immunity under section
755.
28, Florida Statutes, or other limitations imposed on the Cit potential '
tY P t al l�ab�lity under state
or federal law. As such, the City shaff not be liable under this Agreement for unitiv
period before judgment. g P e damages or
interest for the p Further, the City shall not be liable for any claim or
Judgment, or portion thereof, to an one person form
Y P ore than one hundred thousand dollars
($1 00,000.00), or any claim or judgment, or portion thereof which when
judgments � s totaled with all other
claims or paid by the State or its agencies and subdivisions arising ut of the same
incident or occurrence exceeds the sumo g
f two hundred thousand dollars ($200,000.00). This
paragraph shall survive termination of this Agreement.
C. I recommend rewording paragraph 21 in its entiret y as follows:
21. This Agreement is subject to Article IV, section 4 of the City arter an
provisions of �' d applicable
p the City Code. Corporation agrees to fully comply with the City ode and any
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amendments to Article IV, section 4 of the City Charter, or any other provision of the City
Charter related to fire p rotection and em �
Cha P emergency medical services, which are approved by a
majority of the qualified electors of the City at a duly held referendum. If the ualif
q ied electors of
the City, by referendum election, choose to eliminate the City Charter p rovision w requ
. Y p hick requi
the City to contract with the Corporation, or Article IV, section 4 is declared invalid by a court of
terminate this A . � alY
law, the City shall have the right to termi Agreement with the ( 30) • g rty days written nonce
to the Corporation. If the City elects to terminate this Agreement, City and r
shall have � tY Corporation
e no further liability or obligation under this Agreement. In addition should the
City elect to create its own fire department upon termination of this Agreement, g t, the City will give
preference to the hiring of the paid employees of the Corporation, with the exception P � ceptYVn of the Fire
Chief, provided said employees can satisfy the minimum hiring tandards of •
g the e City that are in
place at the time of hiring. Said preference will expire six months from the date that
at the City
creates its own fire department.
9/21/2007