HomeMy WebLinkAboutResolution No. 1970-31 MICROFILMED
440-80
RESOLUTION NO. 70-31
A RESOLUTION AUTHORIZING THE CITY TO OFFER
TO THE CANAVERAL PORT AUTHORITY AN AGREE-
MENT REGARDING FIRE FIGHTING RESPONSIBILITY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the closest Fire Department to the South side of the
toN. Canaveral Port Authority is the City of Cape Canaveral Volunteer Fire
Department, and
has requested that the
A q
WHEREAS, the Canaveral Port Authority
City provide first response to fire calls for the South side of said area.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Cape Canaveral, Florida, that:
SECTION 1. That the City be authorized to offer to the Canaveral
Port Authority their agreement to provide first response to fire calls by the
Cape Canaveral Volunteer Fire Department at terms more specifically
described in the agreement attached hereto and made a part hereof.
SECTION 2. This Resolution shall become effective immediately
upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida, this 3rd day of be , 1970.
Mayor
ATTEST:
City Clerk
APPROVED ASTO• FORM:
City A orn=y
IRES 70 M3
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PIRIi PROTECTION AGREEMENT
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THIS AGRE- EMIENT, Made and entered into this day of
!U<< , , 1970, by and between the CANAVERAL PORT
AUTHORITY, a bony politic and a body corporate under the laws of
the State of Florida, hereinafter called "First Party", and the CITY
OF CAPI: CANAVERAL, FLORIDA, a municipal corporation under
the laws of the State of Florida, hereinafter called "Second Party
and CAPI: CANAVERAL VOLUNTI;I'M FIRE IMPARTMENT, a
nonprofit corporation, hereinafter referred to as the "Third Party"
11' ITN ESSETII:
'Iltat for and In consideration of First Party paying to Second
Parry the sum of Six 'lltousand and No /100 Dollars ($6,000. 00),
payablelfircelhousand and No /100 Dollars ($3,000.00) on or before
the Ist day of October , 1970, and 'three Thousand and No /100
Dollars ($:3, 000, 00) on or before the 18t day of October , 1971,
the Second Party and'IlArd Party convenant and agree to provide fire
protection for the lands under the Jurisdiction of the CANAVE'RAL
PORT AUTHORITY lying Bast of the channel of the Banana Itiver,
l3rcvard County, Florida, and South of the fort Basin being the South
side of the existing Port Turning Basin and on the North and South
side of the new fort Turning Basin, the sannc being hereinafter referred
to as the "Port Area ", for tine period of time commencing on the 1st day
Of October , 1970, and ending on the 30th day of Se ntennlnm• ,
1972, according to the following ternns and conditions:
I. Second Party and 'Ilnird Party shall respond and conduct
fire suppressive activities for fires in the Port Area in the same manner
as Second Party responds to and suppresses fires within its corporate
limits and further provide inspection periodcially of tine fire hydrants
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located in the Port Area.
2. In response to a fire call within the Port Area, Second
Party will endeavor to provide such reasonable police control available
under the circumstances to assist the fire fighting activities of the
Second and'hird Parties hereunder, It is understood that primary
responsibility for police measures in the Port Area is in the Sheriff's
Department for Brevard County, Florida; and First Party agrees that
it will initiate steps to call in the Sheriff's Department as circumstances
may require.
:l. First Party has an agreement with the Port Everglades
''owing Company, hereinafter called "']'owing Company" which provides
in port that the Towing Company will maintain two (2) or more modern
harbor tugboats equipped with fire fighting apparatus which will provide
efficient and satisfactory fire fighting services; and that the 'Towing
Company shall participate as an integral part of the fire fighting
service for vessels and facilities at fort Canaveral under control of
the First Party provided that such participation does not In any par-
ticular instance endanger the safety of the personnel or property of
the Towing Company. 'Ilse Second Party and 111ird Party shall not have
the responsibility to give fire protection on the water or the ships in
the fort Basin if docked front the water side or board any ship; however,
It is understood that the Second and 'Third Parties shall have overall
charge of all fire fighting activities in the Port Area described above,
utilizing Its resources and those of the Towing Company. 'Ilse two
parties and the Towing Company shall cooperate on any instance
wherein both are involved in fire fighting.
a. 'Ilse Second Party and •I'hird Party shall be deemed an tilde-
pendent contractor and shall keep and maintain adequate public liability
i115ni•aaCC as to tine activities and operations of the Second Party and
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Third Party hereunder, however, they shell not provide insurance
coverage for the Towing Company or First Party which shall have
the sole responsibility of such coverage.
5. During the term of this Agreement, the °econd _arty agrees
to have and maintain fire fighting equipment equivalent to the present
basic equipment which consists of: one large pumper truck; one small
pumper truck; one panel equipment truck; and, one brush truck.
G. It is specifically understood and agreed that the Second
Party shall have no responsibility or obligation as to fire control
or protection on the Forth side of the sort Area under U.S.
Government or its agencies' control.
7. The 'econd !arty agrees to exercise reasonable effort
and care in carrying out its responsibilities hereunder as the
emergency conditions inherent in fires require or permit.
a. This ;*reement may be renewed by the mutual consent of
the "arties on terms then mutually agreeable, with the :arty or
Parties desiring to renew the some evidencing that Tact at least
sixty (GC) days prior to the end of the term of this '.r7reement, or
any renewed term thereof.
The Phird "arty is made part of this '.greerert because
it is a nonnrofit volunteer fire department for the "econd `arty
and has the fire fighting responsibility under this :oreement, and
by execution of this P.greement agrees to the covenants and agree-
ments contained herein.
Iii 'dITF':3S IM-071 the undersigned first party, by and
through its -duly authorized officers, has executed this ;agreement
this I % day of , 1970.
Amended Page 3ar.proved: �/ '1
First Party: (21-R ?,.i�C.
Second !arty:
Third Tarty:"°`" 7K /
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RES, %D-3
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r • '
• MICROFILMED �:.._,
4-10-80
CANAVERAL PORT AUTHORITY, a
Attest:
body politic and a body corporate
By , * : C
Secretary Chairman
(Corporate Seal)
IN WITNESS WHEREOF, the undersigned Second Party, by
its authorized officers, has executed this Agreement on this 4th day
of November , 1970.
CITY OF CAPE CANAVERAL, FLORIDA,
Attest: a municipal corporation
By
City Clerk Mayor
(Corporate Seal)
IN WITNESS WHEREOF, the undersigned Third Party, by its
authorized officers, has executed this Agreement on this 9th day of
November , 1970.
CAPE CANAVERAL VOLUNTEER
FIRE DEPARTMENT, a nonpiofit
ttest:, corporation
By it t: K tc.e Pr 4A.
(Corporate. Se Tl)
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RES
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