HomeMy WebLinkAboutResolution 2011-14 RESOLUTION NO 2011 -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
AN EFFECTIVE DATE.
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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:
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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, 2011 through September 30, 2012. A copy of said Agreement is attached
hereto and made a part hereof by this reference as if fully set forth.
SECTION 2. This Resolution shall take effect immediately upon its adoption.
`� ' "' vivre- City Council of the City of Cape Canaveral,
Florida, this 2Oth d`aV tS em r ,,. 011.
,, ,,,,-..,.. -o-----„,..„,,.. ,,� ;:_. ,,, ,.., w ' , Rocky Randels, Mayor
ATTEST:
.� } + Name For Against
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Angela M. A e►eioi -tty Cle Robert Hoog Motion
Jim Morgan Seat Vacant
Buzz Petsos Second
Rocky Randels x
Betty Walsh x
Ap r ve as to Form:
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Anthony A. Garganese, City Attorney
ADDENDUM
THIS ADDENDUM is entered into this 20th day of September, 2011 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 and the Corporation have entered into that certain Contract
for Services dated September 25, 2007 ("Contract"), which Contract is for a term of ten
(10) 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, 2011 through September 30, 2012.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
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herein contained, the parties agree as follows:
1. Recitals. The parties agree that the above recitals are true and correct
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and incorporated into the body of this Agreement by this reference.
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2. Price Revision. Paragraph 12 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 $1,337,553. The
compensation provided for herein shall be paid monthly in the sum of
Cape Canaveral Volunteer Fire Department
Addendum to Contract
2011/2012
Page 2
$111,462.72 per month commencing on the first day of October, 2011 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. Charter. Paragraph 21 of the Contract is amended to read as follows:
"This agreement is subject to Article IV, section 4.05 of the City Charter
and applicable provisions of the City Code. Corporation agrees to fully
comply with the City Code and any amendments to Article IV, section 4.05
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 4.05 is declared invalid by a court of
law, the City shall have the right to terminate this Agreement with thirty
(30) days written notice to the Corporation. If 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 satisfy
the minimum hiring standards of the City that are in place at the time of
Cape Canaveral Volunteer Fire Department
Addendum to Contract
2011/2012
Page 3
hiring. Said preference will expire six months from the date that the City
creates its own fire department.
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 CANVERAL, by its
duly authorized officer, has executed this instrument this 20th day of September ,
2011.
CITY OF CAPE CANAVERAL, FLORIDA
A municipal corporation
By: �.
Rocky Randels, MAYOR
ATTEST:
Angel M. A p.vers n
CITY CLERK
(Corporate Seal)
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Cape Canaveral Volunteer Fire Department
Addendum to Contract
2011/2012
Page 4
IN WITNESS WHEREOF, the undersigned CAPE CANAVERAL VOLUNTEER
FIRE DEPARTMENT, INC., a non-profit corporation, by its authorized officers, has
executed this instrument this 20th day of September , 2011.
CAPE CANAVERAL VOLUNTEER FIRE
DEPARTMENT, INC., a non-profit
Corporation
By: ad
Dave Sa grant, Fire fr ief
ATT :c
r
- Aral
tary
(Corporate Seal)
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