HomeMy WebLinkAboutResolution No. 1987-57 MICROFI MED JUNE 89
RESOLUTION NO. 87-57
A RESOLUTION AUTHORIZING THE MAYOR
AND THE CITY CLERK TO ENTER INTO AN
AGREEMENT WITH THE CAPE CANAVERAL
VOLUNTEER FIRE DEPARTMENT TO PROVIDE
FIRE PROTECTION AND EMERGENCY MEDICAL
SERVICES TO THE CITY OF CAPE
CANAVERAL , FLORIDA ; PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED , by the City Council of the
City of Cape Canaveral, Florida, as follows:
SECTION 1. The Mayor and City Clerk are hereby authorized
to execute an agreement with the Cape Canaveral Volunteer Fire
Department, Inc . , for providing fire protection and emergency
medical services within the corporate City limits of Cape
Canaveral, Florida; a copy of said agreement is attached hereto
and made a part hereof by reference. •
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SECTION 2. This Resolution shall become effective immediate-
ly upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida, this 15th day of Septanber , 1987.
dayor
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Appt ved° a s. p Form: LEE
MARCHETTI
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City Atto
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RESOLUTION NO. 87-57
PAGE 1 OF 1
CONTRACT FOR SERVICES
THIS AGREEMENT entered into this 16th day of SePtenber
1987, 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 corporation.
WITNESSETH:
WHEREAS, the City of Cape Canaveral holds a responsibility
to its citizens to provide adequate fire protection; and
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 herein-
after 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 services 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 emer-
gency situation when ordered to do so by the City Manager of Cape
Canaveral, or his duly appointed designee.
4. The Corporation agrees to comply with all orders of the
Fire Chief of Cape Canaveral relating to the providing of the
services referred to herein.
5. The corporation agrees to require its members to attend
fire drills and training sessions in order to achieve and main-
tain the degree of proficiency required by the State of Florida
for volunteer fire fighters. The Corporation also agrees to
undergo additional reasonable training as may be required by the
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City at reasonable times and upon reasonable notice= special
training shall be administered by a State certified fire service
instructor. The City agrees to bear 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 conformance with the intent of providing safe,
competent, courteous, and reliable fire protection service to the
City. A copy of these rules and regulations is to be attached to
this contract and made a part hereof.
7. The corporation agrees to maintain attendance and
training records and to allow the inspection or copying of such
records by the City upon two working days notice to the
Corporation.
8. The Corporation agrees to attempt to maintain at all
times 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 fifteen (15) 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
Corporation shall immediately notify the City Manager, 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 the City with the
specified level of service and all support services incident
thereto:
a) At all times there shall be two trained fire
fighters on duty to respond to calls from the fire
station.
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b) The corporation shall employ two (2) certified
emergency medical technicians, one (1) of whom will be
on duty at all times to respond to calls from the fire
station.
c) As a standard of performance, fire fighters shall
respond to ninety-five percent (958) of all calls
within the city's corporate limits within three (3)
minutes after a call has been dispatched.
d) 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 council, from time
to time, may request.
10. The Cityshall provide fire fighting equipment to the
corporation which shall be used within the corporate city limits
of Cape Canaveral or in carrying out the directions of the City
Manager or his designee, or in mutual aid, or in such other
geographical area as determined by the senior officer on duty.
The corporation shall have authority over the day to day use of
said equipment in carrying out its duties under this Agreement.
Routine maintenance of said equipment shall be the responsibility
of the Corporation. Major repairs, defined herein as any repair
exceeding five hundred dollars ($5oo.00) per occurrence, 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 Corpora-
tion, 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
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of said policies shall be an amount deemed adequate by the City.
the City agrees to provide Worker's Compensation coverage for the
volunteer 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 an the Fire Station owned by
the Corporation.
13. The city agrees that in return for the services
specified herein, it will pay the Corporation the base contract
price of $39,900 annually. In addition to the base contract
price, the City. shall pay to the Corporation the sum of $38,000
as and for the salary of two (2) emergency medical technicians
plus a sum not to exceed $12,000 as and for actual benefits to be
provided said emergency medical technicians by the Corporation.
The compensation provided for herein shall be paid quarterly, in
the sum of $22,475 per quarter commencing on the first day of
October, 1987, and continuing thereafter on the first day of
January, April, and July for the term of .this contract. 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
fall 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, commencing on the first day of October, 1987, and
ending on the thirtieth day of September, 1988. This contract
may be renewed for successive periods of one (1) year each upon
the written agreement of both the City and the Corporation.
17. In the, event either party defaults in, the performance
of any obligations under this contract, and said default
continues for a period of thirty (30) days after written notice
of such default, this Contract may be cancelled at the option of
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MICROFILMED JUNE 89
the other party. No delay in enforcing any right hereunder shall
be deemed a 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 Canaveral, Florida 32920 ; 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 Department, Inc. , other provisions of
this Contract notwithstanding, this Contract and all its
provisions shall become immediately null and void, and there
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 15th day of September , 1987 .
CITY OF CAPE CANAVERAL, FLORIDA,
a municipal corporation
By: / �
Mayor
ATTEST:
C. y 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 f(,, day
of S , -, , 1987.
CAPE CANAVERAL VOLUNTEER FIRE
DEPARTMENT, INC. , a non-profit
corporation
/
By: L/ / 6U/ L / •
+r,....�tts, P"e s ident
ATTEST: A%g U E4 s
Secretary
(CORPORATE SEAL)
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