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RESOLUTION NO. 2013-21
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREYARD
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.
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 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, 2013 through
September 30, 2014. A copy of said Addendum 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.
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ADOPTION PAGE FOLLOWS:
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1 City of Cape Canaveral,Florida
Resolution No.2013-21
Page 2
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ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 17th day
of Spfe ober,2013.-.,.f
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» " ►_ Rocky Randels, Mayor
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A,TfEST: !�!
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`S .N.N'` Name For Against
3 Ange a Apperson, C, John Bond
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I Assistant City Manager/City Clerk Robert Hoog Motion
Buzz Petsos Second
Rocky Randels X
Betty Walsh x
Approved as to legal form and sufficiency
Ifor the City of Cape Canaveral only by:
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I Anthony A. Garganese, City Attorney
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ADDENDUM
CONTRACT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES
THIS ADDENDUM is entered into this 1st day of October 2013, by and between the
CITY OF CAPE CANAVERAL, FLORIDA, (hereinafter "City"), and the CAPE
CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., a non-profit Florida corporation
(hereinafter called the"Corporation").
WHEREAS, Corporation currently provides fire protection and emergency medical
services to the City and its citizens pursuant to City Charter and that certain Contract for Services
approved by the parties and memorialized in writing by City Resolution 2007-27, as amended
(hereinafter"Agreement"); and
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WHEREAS,the current term of the Agreement expires on September 30, 2017; and
WHEREAS, the City is currently in the process of awarding a bid to construct a new fire
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station on real property that will be acquired from the Corporation in accordance with that
certain Contract for Deed, dated January 17, 2012; and
WHEREAS, at such time the new fire station is constructed and a certificate of
occupancy issued by the City, the parties desire to extend the term of this Agreement for a period
; of time equal to twenty(20) years from the date that the certificate of occupancy is issued by the
City; and
WHEREAS, in accordance with past practices under the Agreement, the parties also
desire to establish a base contract price for City fiscal year 2013/2014 in accordance with the
City's annual budget process; and
WHEREAS, when the Agreement was approved by the City Council in 2007, certain
terms were recommended by the City Attorney and approved by the City Council, however, the
parties cannot determine whether the terms were actually included into the final draft of the
Agreement; and
WHEREAS, the parties desire to amend the Agreement for purposes of adopting the
base contract price for the City's fiscal year 2013-2014, memorializing certain terms
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recommended by the City Attorney in 2007 and adopted by the City Council by reference when
Resolution 2007-27 was adopted, modifying the term of the Agreement when the new fire station
is constructed, and complying with a recent change in law regarding public records; and
NOW THEREFORE, in consideration of mutual promises, and other lawful
consideration, which the parties hereby acknowledge is sufficient and received, the City and the
Corporation agrees as follows:
1.0 The foregoing recitals are hereby deemed true and correct and are hereby fully
incorporated herein by this reference.
2.0 Pursuant to Paragraph 13 of the Agreement, the base annual contract price for City
fiscal year 2013/2014 shall be $1,531,800.00. The compensation provided herein shall be paid
Wage
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monthly in the sum of$127,650.00 per month commencing on the first day of October 2013 and
continuing on the first day of the month thereafter. The parties shall negotiate the base contract
price for each successive year of the Agreement annually.
3.0 At such time the City issues a certificate of occupancy for the new fire station
building to be constructed on the real property legally described below, Paragraph 15 of the
Agreement shall immediately be deemed amended to read as follows:
The term of this Agreement shall be for a period of time of twenty (20) years,
commencing on the date that the City issues a certificate of occupancy for the new fire
station building to be constructed and located on real property legally described as Lots 7,
8, 15 and 16 Block 25 AVON BY THE SEA, a subdivision according to the plat thereof
recorded in Plat Book 3, page 7, Public Records of Brevard County, Florida.
4.0 Paragraph 18 of the Agreement is hereby amended to read as follows:
To the extent permitted by law and subject to the limitations 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, causes 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
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 Corporation assumed the obligation of this
Agreement.
5.0 Paragraph 21 of the Agreement is hereby 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 employees can satisfy the minimum hiring standards of the City that 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.
6.0 The Agreement is hereby amended to add a new Paragraph 22 as follows:
Notwithstanding any other provision set forth in this Agreement, nothing contained in
this Agreement shall be construed as a waiver of the City's right to sovereign immunity
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under section 768.28, Florida Statutes, or other limitations imposed on the City's
potential liability under 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 two hundred thousand dollars ($200,000.00), or any claim or
judgment, or portion thereof, which, when totaled with all other claims or judgments paid
by the State or its agencies and subdivisions arising out of the same incident or
occurrence, exceeds the sum of three hundred thousand dollars ($300,000.00). This
paragraph shall survive termination of this Agreement.
7.0 The Agreement is hereby amended to add a new Paragraph 23 as follows:
In accordance with section 119.0701, Florida Statutes, Corporation agrees that all
documents, transactions, writings, papers, letters, tapes, photographs, sound recordings,
data processing software, or other material, regardless of the physical form,
characteristics, or means of transmission, made or received pursuant to this Agreement or
in connection with any funds provided by the City pursuant to this Agreement may be
considered public records pursuant to Chapter 119, Florida Statutes. Corporation agrees
to keep and maintain any and all public records that ordinarily and necessarily would be
required by the City in order to perform the services required by this Agreement.
Corporation also agrees to provide the public with access to public records on the same
terms and conditions that the City would provide the records and at a cost that does not
exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by
law. Corporation shall also ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as
authorized by law. In addition, Corporation shall meet all requirements for retaining
public records and transfer, at no cost, to the City all public records in possession of the
Corporation upon termination of this Agreement and destroy any duplicate public records
that are exempt or confidential and exempt from public records disclosure requirements.
All records stored electronically must be provided to the City in a format that is
compatible with the information technology systems of the City. If Corporation does not
comply with a public records request, the City shall have the right to enforce the
provisions of this Paragraph. In the event that Corporation fails to comply with the
provisions of this Paragraph by acting frivolously or in bad faith, or the Corporation
erroneously withholds public records by intentionally taking a public records exemption
legal position which is contrary to the City's legal position that the records are subject to
public disclosure, and the City suffers a third party award of attorney's fees and/or
damages for violating the provisions of Chapter 119, Florida Statutes due to
Corporation's failure to comply with the provisions of this Paragraph as stated above, the
City shall be entitled to reimbursement of the third party award from the Corporation..
This Paragraph shall survive the termination of this Agreement.
8.0 The Agreement is hereby amended to add a new Paragraph 24 as follows:
During the Term of this Agreement, the Corporation shall lease from the City, the fire
station located on the real property legally described as Lots 7, 8, 15 and 16 Block 25
AVON BY THE SEA, a subdivision according to the plat thereof recorded in Plat Book
3, page 7, Public Records of Brevard County, Florida. The lease shall be subject to this
Agreement and certain terms and conditions of a written lease agreement that is approved
and executed by the parties. To the extent of any conflict between this Agreement and
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the written lease, the conflicting terms and conditions more favorable to the City shall
apply.
9.0 The parties agree to keep the Operating Equipment Lease Agreement, dated
1 September 25, 2007, updated at all times including, but not limited to, the equipment list
set forth on Exhibit"A."
1 10.0 The Agreement is hereby ratified and shall remain in full force and effect
provided, however, the terms and conditions of the Agreement which are modified by
I this Addendum are repealed and superseded by the provisions set forth herein. On a
1 periodic basis the parties agree to cooperate and meet to discuss updates and revisions.
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1 11.0 The undersigned signatories hereby represent for their respective entities that they
i are duly authorized to execute this Addendum on behalf of their respective entity.
Further, upon execution of this Addendum, the Addendum shall be deemed a binding
obligation on their respective entity on whose behalf they have executed the Addendum.
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IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by
their duly authorized representatives as of the date first written above.
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CITY: CORPORATION:
; City of Cape Canaveral Cape Canaveral Volunteer Fire Department,Inc
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Rocky Ranals, Mayor David Sar;eant, Fire OF 0
Date: 2-Z SQ.'S 2:013. Date: Vol-0//-3 1 n.
<.ATTEST: ATTEST: z _, ,"
Ange a;Apperson, i y Clerk Brian Teek, Sec etary - .
/,/, •=•,a " J OVED AS TO FORM AND
`i;t to ‘ 14XIGAL SUFFICIENCY FOR THE
°`;."'°'`�� CITY OF CAPE CANAVERAL ONLY
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x Anthony A. Garganese, City Attorney
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