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HomeMy WebLinkAboutResolution No. 1988-35 MICROFILMED JUNE 89 RESOLUTION NO. 88-35 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. 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 2nd day of August , 1988. Mayor ATTEST: NAME YES NO III,l'� I HOOG X Kipp X � Qty Clerk ' LEE X Approved as to Form: i ��' �" _R l.5 1NOELS X 11M City Atto ,ney Niqg .1- CONTRACT FOR SERVICES THIS AGREEMENT entered into this 2nd day of August 1988, 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. W I T N X,§ SET H: 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 hereinafter 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 emergency 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 maintain the degree of proficiency required by the State of Florida for volunteer fire fighters. The Corporation also agrees 1 to undergo additional reasonable training as may be required by 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 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 Regulations 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. 2 (b) The Corporation shall employ two (2) certified emergency medical technicians, one (1) of them 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 (95%) 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. lo. The City shall 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 performance 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 Corporation, 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 3 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 on the Fire Station owned by the Corporation. 13. The city agrees that in return for services specified herein, it will pay the corporation the base contract price of $09,900.00 annually. This sum includes the pay and benefits for two (2) emergency medical technicians to be provided by the corporation under this contract. In the event the City elects, and the corporation agrees, to provide advanced life support rescue services in the Corporation's response area, the additional funding required to pay for said advanced life support services will be provided by the city. The compensation provided for herein shall be paid quarterly, in the sum of $22,475.00 per quarter commencing on the first day of October, 1988, 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 falls below fifteen (15) trained fire fighters, the payment to the Corporation shall be reduced by $100.00 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, 1988, and ending on the thirtieth day of september, 1989. 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 4 • MICRbFILMED JUNE 89 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 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 2nd day of August 1988 . CITY OF CAPE CANAVERAL, FLORIDA, a municipal corporation /(10 Mayor ATTEST: X . of ty Clerk . (CORPORATE SEAL) 5 MICROFILMED 'JULIE 89 IN WITNESS WHEREOF, the undersigned CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT , INC . , a non-profit corporation, by its authorized officers, has executed this instrument this /( day of /49-U('r-U s , 1988 . CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC. , a non-profit corporation By: �Adi ,� 0. • Pres- den/ ATTEST: ''secretary (CORPORATE SEAL) i t,9AE.t.4 a. 6