HomeMy WebLinkAboutResolution No. 1983-42i
MJCR0F1U' .�D 4.151 -85
RESOLUTION NO. 83 -42
A RESOLUTION APPROVING THE PRELIMINARY
ELEVENTH RENEWAL OF THE FIRE PROTECTION
AGREEMENT BETWEEN THE CITY OF CAPE
CANAVERAL, THE CAPE CANAVERAL VOLUNTEER
FIRE DEPARTMENT AND CANAVERAL PORT
AUTHORITY; PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Florida, as follows:
SECTION 1. The City of Cape Canaveral, Florida, hereby
approves the eleventh renewal of the Fire Protection Agree-
ment between the City of Cape Canaveral, Florida, the
Canaveral Port Authority and the Cape Canaveral Volunteer
Fire Department. A copy of said preliminary eleventh renewal
is attached hereto and made a part hereof.
SECTION 2. The Mayor and the City Clerk of the City of
Cape Canaveral are hereby authorized to execute said preliminary
eleventh Renewal Agreement on behalf of the City.
SECTION 3. This Resolution shall become effective
immediately upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida this
Attest:
5th day of
,C «lerk:
1? pprov�d ;mss -to � o4rm :
3 i
0
y,- AttPmt A,
July , 1983.
NAME
YE
NO
CALVERT
IX
f
HARRIS Ix
1
NICHOLAS
(X I
RUTHERFORD 1X
1
WINCHESTER IX
` 1
FIRE PROTECTION AGREEMENT,
THIS AGREEMENT is entered into this 42L%L1.—
day of
l d
1983, by and between the CANAVERAL PORT
AUTHORITY, � a body politic and abody corporate under the
laws
d "PORT ", and CITY.
of the State of Florida, hereinafter calle
OF CAPE CANAVERAL, FLORIDA, a municipal corporation Under the
laws of the State of Florida, hereinafter called "CITY ", and
CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, a nonprofit corporation, .
hereinafter referred to as "FIRE DEPARTMENT ".
WHEREAS, the parties originally entered into a Fire Protection
agreement on November 18, 1970, and
Wt1EREAS, it is to the mutual benefit of all parties to
ative agreement to provide fire, protection
continue with a cooper
for both the Port and the City, and
WHEREAS, it is necessary to make certain modifications in
the original agreement, it is
MUTUALLY COVENANTED AND AGREED AS FOLLOWS:,
1.. The term Of this agreement shall be for a period of
three (3) years commencing October 1, 1983 through the period
ending September 30, 198G-
2. The City and the Fire Department shall conduct fire
protection activities in Port Canaveral in the same manner, as
the City provides fire protection within its corporate limits.
The City and the Fire Department will periodically inspect the
fire hydrants located. in Port, Canaveral.
3. The Port agrees to pay the Fire Department for the fire
protection services provided herein a sum equal to one -third (1/3)
_ of the Fire Department's operating budget excluding the following
items:
(a) Fire hydrant rentals for the City;
(b) Fire hydrant installation costs;
(c) Fireworks
4, The Fire Department's proposed budget for the year com-
mencing October 1, 1983 and ending September 30, 19841 is $100,900.001
a copy of which is attached as Exhibit "A ". The Port will not be
liable for payment as provided herein until. the Fire Department
obtains final budget approval from the City.
5. The Port's cost for fire protection service will be
determined each year in accordance with the formula set forth'
in paragraph 3 above. The individual designated by the City
as Fire Chief will present a proposed budget for the Fire De -,
partment to the Port and the City.onorbefore June 15 each
year for budget purposes.
6. The Port will pay the cost of fire protection pursuant
to this agreement in the following manner:
(a) Quarterly installments. commencing October 1 of
each fiscal year.
7. It is not anticipated by the Fire Department that any
major capital expenditures will be required during the term of
this agreement. Capital expenditures 'are defined as rolling
stock (major, firefighting equipment). , In the .event that a capital
'expenditure becomes necessary in order to maintain adequate fire-
fighting equipment to serve the Port and the City, it is anticipated
that the parties: will negotiate aseparate contract for the
acquisition of such equipment.
B. The City may designate amember. of the Fire Dpartment
who is qualified to. conduct fire inspections. Fire inspections
of all facilities in Port Canaveral ,(both 'those owned by the
Port and those leased to. tenants) ,will be inspected annually in
accordance with applicable Florida Statutes; the Standard ,Fire
Prevention 'Code, 1982 Edition as supplemented; the Standing. Building
Code, 1982; and the National Fire Protection Associates' Code, No.
101,1981,,Second Edition as supplemented.
9. The City and the Fire Department shall not have the
responsibility to provide fire protection on the water or to the
ships in the 'Port basin if docked from the water, side . or to board
any ship, . but will cooperate . with the Coast Guard and other parties
to such extent as 'maybe practical' and feasible in firefighting
activities.
• : 1V11CR0F1U ►.,FU 4-15-85
10. The City and the Fire Department shall be deemed an
independent contractor and shall keep and maintain adequate public
liability insurance as to their activities and operations.
11. The City agrees to maintain firefighting equipment
equivalent to the present basic equipment which consists of:
one 1,000 gpm pumper truck; two 750 gpm pumper trucks; and
one brush truck during the term of this agreement. However,
should any of these items become disabled, the City will effectuate
repairs as soon as practicable but will not be required to obtain
a replacement piece during the down period.
12. It is specifically understood and agreed that the City
shall have no responsibility or obligation as to fire control or
protection on the north side of Port Canaveral under control of
the U.S. Government or its agencies.
13. In order to enhance the capability of the Fire Department
in both the Port and the City to respond to fire calls during
working hours, the Port agrees to encourage Port employees to
join the Fire Department and will excuse employees engaged in
answering fire calls during working hours with pay.
14. This agreement may be renewed by the mutual consent of
the parties for an additional three (3) year period.
15. Each party to this agreement has the right to terminate
by giving to the other parties (1) year's advance written notice.
IN WITNESS WHEREOF, the undersigned Port, by and through
its duly authorized o cers, has executed this Agreement this
�.3 day of 1983.
ATTEST: CANAVERAL PORT AUTHORITY, a body
politic and a body corporate
BY
Secretary` CHAIRMAN
H ,4 (Corpora.te Seal)
MICROFILI ED 4 -I5 -85
IN WITNESS WHEREOF, the undersigned CITY OF CAPE CANAVERAL,
FLORIDA, by its duly authorized officers, has executed this
instrument this 5th day of July
ATTEST:
1983.
CITY OF CAPE CANAVERAL, FLORIDA,
a municipal core-Qration
City Clerk MAN
(Corporate Seal)
IN WITNESS WHEREOF, the undersigned CAPE CANAVERAL VOLUNTEER
FIRE DEPARTMENT, A non - profit corporation, by its authorized
officers, has executed this instrument this Zo �-A day of
1983.
ATTEST:
i�
Secretary
(Corporate Seal)
CAPE CANAVERAL VOLUNTEER FIRE
DEPARTMENT, a non - profit
corpora o
BY:
PRE IDENT
RESOLUTION N0.83 -43
A RESOLUTION ESTABLISHING A PUBLIC HEARING
DATE FOR CONSIDERATION OF A CERTIFICATE OF
CONVENIENCE AND NECESSITY FOR THE YELLOW TOP
TAXI SERVICE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, it is within the purview of the City Council
to consider a Certificate of Convenience and Necessity to
'serve the citizens of Cape Canaveral, and
'WHEREAS, Yellow 'Top Taxi service has requested 'a,
Certificate of Convenience and Necessity,
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Cape Canaveral, Florida, as follows:
SECTION 1. July 19, 19B3 is hereby established as a
Public Hearing data to consider the .yellow Top Taxi Service's
request for a Certificate of Convenience and Necessity.
SECTION 2. The City Clerk is hereby instructed to
mail notices of this Public Hearing to all competitors in the
City of Cape Canaveral,
SECTION 3. This Resolution shall take effect immediately
upon it adoption.'.
ADOPTED by the City Council Of the City oE, Cape Canaveral,,
5th day of July ,, 1983.
Florida this 4�tay�
Attest(:
NO
City clerk. Lxl -
x
Approved as,to Form•.
xl
ettorney