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HomeMy WebLinkAboutResolution No. 1985-714 1p MICROFILMED AIIG 87 RESOLUTION NO. 85 -71 A RESOLUTION RATIFYING THE CONTRACT BETWEEN THE CITY OF CAPE CANAVERAL AND THE CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC.; PROVIDING AN EFFECTIVE DATE WHEREAS, a contract has been entered into between the City of Cape Canaveral, Florida, and the Cape Canaveral Volunteer Fire Department, Inc.; and WHEREAS, the City Council has determined that it is in the City's best interest to ratify said contract; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. The Contract entered into between the City and the Cape Canaveral Volunteer Fire Department, Inc. on the 18th day of December ratified in full. 1985, is hereby accepted and SECTION 2. This Resolution shall become effective immediately upon adoption. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 21st day of January 1986. Mayor ATTESTM CA -y Clerk Approved as to Form: ty At rney NAME YES NO FISCHETTI X LiiEE ibst air MARCHETTI X NICHOLAS X WINCHESTER abs en °s Y CONTRACT FOR SERVICES THIS AGREEMENT entered Into this __LL_ day of . 1985, by and between the CITY OF CAPE CANAVERAL, Florida, here- inafter called the City, and the CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., a' non - profit Florida corporation, hereinafter called Corporation. WITNESSETHt WHEREAS, the City of Cape Canaveral holds a responsibility to its citizens to provide adequate fire protection, 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 here- inafter set, forth and in further consideration of the payments hereinafter set forth, the parties hereto agree as follows$ 1. The Corporation agrees to provide adequate emergency fire protection service within the City of Cape Canaveral, Florida. 2. The Corporation agrees to comply with any mutual aid pact or similar agreement entered into by the City, 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. by the City manager of Cape Canaveral, or his duly appointed designee. s. The Corporation agrees to comply with all orders of the Fire Chief of Cape Canaveral relating to the providing of the services' referred to heroin,'.. 5. The Corporation agrees to require its members to attend fire drills and training sessions in order :to achieve and maintain the degree of proficiency required by the state of Florida for volunteer firefighters. The Corporation also agrees to undergo additional reasonable training as may be required by -1- ATTACHMENT TO RFSOLLYTION NO. 85-71 the City at reasonable times and upon reasonable notice)special training ,shall be administered by.a State . certified fire service instructor. The City agrees to beer the expense for any special training, this expense to be in addition to the amount determined in Paragraph 13 of this Contract. 6. The Corporation agrees to establish Rules and Regula- tions for personnel and equipment. These Rules and Regulations are to be in I conformance with'the intent of providing Safi, com- petent, courteous, and reliable fire protection aervica, to the city. A copy of these rules and regulations is to be attact,ed to this contract and made a part hereof. 7. The Corporation agrees to maintain attendance and train- ing records and to allow the insp action or copying of such records by the City > upon ' two working days notice to the Corpor- ation. S. The Corporation agrees to'at tempt 'toI maintain at all time a minimum active membership of twenty (20) trained fire fighters. Trained fire fighter shall mean. possession of State Certification as a volunteer fire fighter. The corporation shall have ninety (90) days from :the date hereof to obtain State Certification for at least IS active members. In the event the Corporation shall ' employ:full -time personnel, such personnel' shall comply with the requirements. of the Florida Fire College bureau of Training and standards for fire fighters. The Cor- puration shall immediately notify the City llanager,in writing, should said membership fall below twenty (20). In the event active membership falls below fifteen (15),members,# either party shall have the right to terminate this Agreement upon thirty (30) days written notice to the other party• 9. The Corporation Shall provide th0 city with the specified level of service and all support services incident thereto: a) At all times these shall be two trained fire fighters an duty to respond to calls from the fire station. _2_ AT19i(IMW TO RSS]I11M(N ND- 85-71 b) As a standard of performance, fire fighters shall respond to ninety -five percent (95%) or all calls within the City's corporate limits within three (3) minutes after a call has been dispatched. c) The.Corporation shall provide to the City Manager a report of activity for each month. In addition, the Corporation shall provide to the City Manager such other' information as he or the City Cogncil,'from time to time, may request. 10. The City shall provide fire fighting . equipment to the corporation which shall, be used exclusively within the confines of the Corporate City Limits of Cape Canaveral or in carrying out the directions of the City Manager or his designee, or in mutual aid. The Corporation shall have authority over the day to day use of said equipment in carrying out its duties under this Agree- ment. Routine maintenance of said equipment shall be the responsibility of the Corporation... Major repairs, of said equipment shall be'the responsibility of the City. 11. All personnel used by the Corporation in the perfor- mance of this Agreement shall be members of the Cape Canaveral Volunteer Fire Department,: Inc. 12. The City agrees to provide and maintain at all times during the term of this Agreement without cost to the Coroporation, policies of insurance generally . known as public' liability policies, insuring the Corporation and the City against any and all claims, demands and causes'of' action for bodily injury or property damage relating to the performance of any duty or obligation herein set forth, including, acts and omissions of the Corporation's Emergency Medical Technician personnel. The limits of said policies shall be an amount deemed adequate by the City. The city agrees to provide Worker's Compensation coverage for the volunteeer firemen as long as they are acting within the scope of their duties, The Corporation will provide for its own fire, storm, and property damage insurance on the Fire Station owned by the Corporation. 13. The City agrees that in return for the services specified -3- ATTACM2Nf 70 RESOU]1'ICN M]. 85-71 rein, it will pay the corporation the sum of 839,970 annually, (payable as followsi the sum of 89,992.50 per calendar quarter, . rommencing on a prorated basis on the 17th day of December, 1985, and continuing thereafter on the let day of'January, April, July, and October for the term of this Contract.i In addition, the City agrees to reevaluate and review on an annual basis the rate of compensation' payable to,the Corporation., 14. in the event the active membership of the Corporation falls below fifteen (15)' trained fire fighters, the payment to the corporation shall be reduced by $100 per month per fire fighter less than fifteen (15).' 15. This Contract may be terminated, or any terms thereof modified, altered# or amended at any time by mutual 'agreement of the parties hereto. 16. The term of this Contract shall be for a period of one (1) year, nine (9) months, and twenty -*even (27) days, 'commencing on the 4th day ofDecember,.1985.and ending on the 30th day. of September, 1987, and is thereafter renewable for successive periods of one (1) year each. 17.. ln'the event either party default$ in the performance of any obligations under this Contract# and said default continues for a period thirty (30) days after written notice of such default, this Contract may be cancelled at the option 'of, the other party. No delay in enforcing any right 'hereunder shall be deemed waiver of any rights the non - defaulting party may have in these premises. 18. Notice or other writings required or permitted under this Agreement shall be given to the Corporation at 190 'Jackson Avenue# Cape'Caeaveral, Florida 329201 and to the City at 105 Polk Avenue, Post Office Box 326, Cape Canaveral, Florida 32920. 19. In the event that the voters of the City, by referendum election, choose to dispense with the services of the Cape Canaveral Volunteer Fire Departmentq Inc_ other provisions of this Contract notwithstanding. this Contract and�all its provisions shall become immediately null and void* and there ,.4_ A7TACjp4W 70 RFSO=ICN No. 85-71 MICROFILMED AUG 87 shall be no further liability or expense incurred by the Cape Canaveral Volunteer Fire Department, Inc. for providing fire protection services or emergency medical services. IN WITNESS WHEREOF, the undersigned CITY OF CAPE CANAVERAL, FLORIDA, by its duly authorized officers, has executed this instrument this day of DC e.41 tree- _, 1985. CITY OF PE CANAVERAL, FLORIDA, a municip 1 corpgrat1.pn By: Mayor ATTEST: V/ ity Clerk (CORPORATE SEAL) IN WITNESS WHEREOF, the undersigned CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., a non - profit corporation, by its authorized officers, has executed this instrument this /1b day of fD aGC=Mf3 ca 7Z , 1985. CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., a non - profit corporation �j 11 By: Pre ent cXTTESTV: %- , • Sectetary ( CORPORATE SEAL) -5- ATTACHMENT TO RESOLUTION NO. 85 -71 CAPR CANAVENAI. VOLUNTF.PR PIRE DEPARTMENT RULES AND REGULATIONS MEMBERS AND PROBATIONARY MEMBERS SHALL STUDY AND THOROUGHLY ^_!JDERSTAND THE DEPARTMENT'S RULES AND REGULATIONS. THEY SHALL TAIN. THE ASSISTANCE OF THEIR SUPERIOR OFFICER IN THE INTER- IRETATION OF ANY SECTION NOT CLEARLY UNDERSTOOD. CORPORATE OFFICERS PRFSIDF.NT PRESIDES AT ALL MEETINGS OF BOARD OF TRUSTEES AND MEMBERS. HE SHALL APPOINT AND REMOVE ALL EMPLOYEE'S OF THE CORPORATION OTHER THAN DULY APPOINTED OFFICERS,'SUBJECT' TO BOARD OF :TRUSTEE'S APPROVAL. VICE PRESIDENT THE SAME SHALL BE EXERCISED BY THE VICE PRES 'IDENTDURING THE ABSENCE OF THE PRESIDENT. SECRETARY SHALL KEEP THE MINUTES OF THE MEETINGS OF TRUSTEE'S AND MEMBERS. HE SHALL SERVE ALL NOTICES. SHALL ATTEND TO ALL CORRESPONDENCE AND DUTIES OF THE OFFICE OF SECRETARY. TREASURER SHALL BE RESPONSIBLE FOR ALL FUNDS OF THE CORPORATION., HE SHALL ENDORSE ALL CHECKS AND DRAFTS FOR THE PURPOSE OF PAYMENT OF MONEY. HE SHALL RENDER ASTATEMENT AT EACH REGULAR MEETING. HIS BOOKS WILL BE AUDITED ANNUALLY.. HE MUST BE BONDABLE. LINE OFFICERS C11I HP ASST. CHIEF CAPTAIN LIEUTENANTS HOW ELECTED MEMBERSHIP ACTIVE MEMBERS IS RESPONSIBLE FOR PLANNING, ORGANIZING AND DIRECTING AN EMERGENCY ORGANIZATION SPECIFI- CALLY CONCERNED WITH MINIMIZING AND PREVENTING THE LOSS OF LIFE AND PROPERTY BY FIRE. HE WORKS. INDEPENDENTLY ON SUPERVISING ALL TECHNICAL PERSONS IN I THE SDEPARTMENT AAND LALL APPAR ATUS VER ATUS AND FIRE FIGHTING EQUIPMENTiHE CAN INVESTIGATE OR CAUSE TO BE INVESTIGATED ALL FIRES TO DETERMINE 'CAUSE, POINT OF ORIGIN AND THE POSSIBILITY OF ARSON, IS RESPONSIBLE FOR DUTIES'OF;ADMINISTRATIONi, ASSUMES DUTIES OF CHIEF IN HIS ABSENCE. 15 RESPONSIBLE FOR ALL TRAINING OF FIRE DEPARTMENT PERSONNEL. 'PERFORMS DUTIES ASSIGNED BY THE CHIEF. WORK UNDER DIRECTION OF SENIOR OFFICERS: ARE ASSTANT TRAINING OFFICERS$ ASSUME L TRAINING DUTIBISS.INABSENCE OF THE CAPTAIN, ALL OFFICERS ARE ELECTED BY MAJORITY VOTE AT 'ANNUAL BUSINESS MEETING EACH APRIL. - SHALL BE RESIDENTS OF THE AREA, INCLUDING THE FIREPROTECTION DISTRICT OR WORKING REGULARLY :INTHE AREA WHO WOULD RESPOND TO AN EMERGENCY MINIMUM AGE IS 16 AT DISCRETION OF MEMBERSHIP. ANY MEMBER WHO IS ABSENT FROM THREE IIl ATTACHN Nf TO RESOLUTION NO. 85 -71 CONSECUTIVE MEETINGS OR DRILLS MAY, AT THE DISCRETION OF THE BOARD OF TRUSTEES, BE SUSPENDED AS A MEMBER. HE .MUST ATTEND DRILLS REGULARLY AND ANSWER FIRE CALLS, HE WILL NOT DRIVE FIRE TRUCKS IN AN EMERGENCY SITUATION UNTIL CERTIFIED BY TRAINING OFFICER. NO ACTIVE MEMBER UNDER 18 SHALL ENTER A FIRE SCENE. PROBATIONARY MEMBERS SAME AS ACTIVE MEMBER EXCEPT SHALL. HAVE NO VOTING RIGHTS UNTIL ACCEPTED AS ACTIVE MEMBER AFTER 48 CALL 'PROBATIONARY PERIOD. HE WILL NOT DRIVE A FIRE TRUCK, IN AN EMERGENCY SITUATION UNTIL HE IS AN ACTIVE MEMBER. WILL NOT BE ISSUED BADGE OR ,KEYS UNTIL ACTIVE MEMEMBER. NO PROBATIONARY MEMBER SHALL RIDE ON THE TAIL BOARD OF A FIRE TRUCK. NO PROBATIONARY, MEMBER SHALL ENTER A FIRE SCENE. MEETINGS '.HERE IS A DRILL SESSION EVERY WEDNESDAY NIGHT AT 7130 P.M. THERE IS A'MAINTENANCE SESSION EVERY SATURDAY MORNING AT, 9800 A.M. THERE IS A BUSINESS MEETING THE THIRD WEDNESDAY OF EACH MONTH AT 7:30 P.M. 6URING BUSINESS MEETINGS THE PRESIDENT MAY DISCHARGE FROM THAT -MEETING ANY MEMBER %NO IS INTOXICATED. ALL MEMBERS ARE REQUIRED 10 ATTEND 'A MINIMUM OF 306 OF ALL CALLS AND DRILLS EVERY QUARTER. UNIFORMS SHALL CONSIST OF BLACK PANTS AND WHITE .UNIFORM SHIRT. SHALL HAVE A CCVFD PATCH ON THE RIGHT SHOULDER AND THE AMERICAN FLAG ON THE LEFT SHOULDER AND BADGE OVER LEFT. SHIRT POCKET. NO OTHER INSIGNIA SHALL APPEAR ON UNIFORM. UNIFORM TO BE PURCHASED BY EACH MEMBER. QNE JUMPSUIT WILL BE ISSUED TO ALL ACTIVE MEMBERS; PATCHES AND BADGE ru APPEAR AS ABOVE; OTHER INSIGNIA SUBJECT TO APPROVAL OF MEMBERSHIP. ALd.ACTIVE MEMBERS WILL BE ISSUED A BADGE, AND A PLECTRON,, DISPLAY OF RED LIGHTS - PERSONAL' VEHICLES ALL MEMBERS MUST CARRY, PERMIT AND ABIDE BY ALL RESTRICTIONS. USE OF FARE TRUCKS FULL BUNKER GEAR TO BE WORN WHILE RIDING TAILBOARD. DO NOT ATTEMPT TO JUMP ON TAILBOARD AFTER TRUCK HAS STARTED ROLLING. A MINIMUM o IS REQUIRED AT EVERY FIRE f FOUR FIRE FIGHTERS SCENE. NO FIRE 'i RUCK SHALL BE USED FOR ANY PURPOSE OTHER THAN OFFICIAL BUSINESS. NO PASSENGERS SHALL BE PERMITTED IN ANY FIRE DEPARTMENT VEHICLES EXCEPT IN CONJUNCTION WITH AUTHORIZED 'FIRE DEPARTMENT BUSINESS, NO ALCOHOLIC BEVERAGES SHALL BE CONSUMED OR TRANSPORTED IN A - FIRE DEPARTMENT VEHICLES, THE DRIVER IS RESPONSIBLE FOR THE SAFE OPERATION OF THE VEHICLE DRIVEN. THE DRIVER OF ANY FIRE DEPARTMENT VEHICLE INVOLVED IN AN ACCIDENT SHALL IMMEDIATELY REPORT THE ACCIDENT, IN DETAIL, DIRECTLY TO THE CITY MANAGER AND THE LOCAL POLICE JURISDICTION. USE OF FIRE DEPARTMENT PROPERTY MEMBERS SHALL USE CARE IN HANDLING. DEPARTMENT EQUIPMENT AND PROPERTY AND SHALL REPORT IMMEDIATELY ANY THAT IS LOST, DAMAGED OR IN BAD ORDER. ANY MEMBER WHO WILLFULLY OR NEGLIGENTLY 'LOSES, DAMAGES OR DESTROYS DEPARTMENT PROPERTY SHALL PAY THE COST OF REPAIR OR REPLACEMENT. THE OFFICE FURNITURE, FILES AND OTHER FIXTURES, FURNISHINGS AND EQUIPMENT HAVE BEEN OFFICIALLY ASSIGNED TO THE SECRETARY AND SHALL NOT BE REMOVED' EXCEPT WITH THE KNOWLEDGE AND CONSENT OF THE SECRETARY. ATT,1CtmEw TO REsawrioN NO. 85-71 I HAOIQ !:n PROFANITY WILL BE TOLERATED "ON THE AIR ". ALL RADIO TRANS - 41 SIONS SHALL BE AS SHORT AND SUCCINCT AS POSSIBLE. STREETS ALL MEMBERS SHALL KNOW THE NAMES, AND GENERAL LOCATION OF ALL STREETS. OBEDIENCE ALL MEMBERS SHALL OBEY THE LAWFUL ORDERS OF THEIR SUPERIORS AND PERFORM ALL DUTIES REQUIRED OF THEM. DISAGREEABLE DUTIES SHALL BE PERFORMED AND UNPOPULAR. ORDERS. OBEYED WITH CHEERFUL WILLINGNESS. NO MEMBER SHALL PUBLICLY CRITICIZE AN ORDER GIVEN BY A SUPERIOR OFFICER. SHOULD AN ORDER CONFLICT WITH ANY PREVIOUS ORDER GIVEN BY ANOTHER SUPERIOR OFFICER OR ANY DEPARTMENT RULES OR REGULATIONS, THE MEMBER SHALL RESPECTFULLY CALL ATTENTION TO THE CONFLICT. IF THE SUPERIOR GIVING THE ORDER DOES NOT MAKE CHANGES TO OBVIATE THE CONFLICT THE ORDER SHALL STAND AND THE RESPONSIBILITY SHALL BE HIS. THE MEMBER OBEYING THE ORDER SHALL NOT BE HELD RESPONSIBLE FOR DISOBEDIENCE OF THE CONFLICTING ORDER. IT IS SUFFICIENT FOR HIM TO KNOW THAT THE PERSON GIVING' THE ORDER IS IN PROPER COMMAND. MEMBERS SHALL BE RESPECTFUL OF THEIR SUPERIORS AND SHALL MAINTAIN AN EVEN, CHEERFUL TEMPOER, REGARDLESS OF THE PROVOCATION. THEY SHALL REFRAIN FROM VIOLENT, PROFANE OR INSOLENT LANGUAGE. CONDUCT NO MEMBER SHALL CONSUME ALCOHOLIC BEVERAGES WHILE ON DUTY. NO MEMBER SHALL REPORT TO A FIRE OR DUTY WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS. ANY MEMBER :CONVICTED OF ACRIME CONSTITUTING A FELONY UNDER FLORIDA LAW SHALL BE EXPELLED FROM THE MEMBERSHIP OF THE DEPARTMENT. GRIEVANCES MEMBERS SHALL NOT DESTRUCTIVELY - CRITICIZE THE DEPARTMENT OF ITS POLICIES, ACTIONS OR OFFICERS. MEMBERS SHALL NOT GOSSIP ABOUT ANY OTHER MEMBER. TO HIS DISCREDIT, WHETHER THE SUBJECT BE TRUE OR FALSE. MEMBERS WHO HAVE A GRIEVANCE AGAINST ANY POLICY. PROCEDURE OR OTHER i MEMBER SHALL TAKE THE MATTER UP 'WITH HIS SUPERIOR. ANY MEMBER WHO FEELS THAT HE HAS BEEN INJURED OR DISCREDITED BY A SUPERIOR OFFICER THROUGH UNREASONABLE, UNJUST OR TYRANNICAL CONDUCT OR ABUSIVE LANGUAGE, OR ANY MEMBER HAVING A GRIEVANCE AGAINST ANOTHER MEMBER, SHALL PUT HIS GRIEVANCE. IN WRITING AND DIRECT THE SAME THROUGH OFFICIAL CHANNELS. TO THE FIRE CHIEF. AT1A4tim N. RE9DI1n= HD. 85-71 Amended December 16, 1965