HomeMy WebLinkAboutResolution No. 1989-54RESOLUTION NO. 89 -54
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 EF-
FECTIVE 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 limits of the City of Cape
Canaveral, Florida; a copy of said agreement is attached hereto
and made a part hereof by reference.
SECTION 2. This Resolution shall take effect immediately
upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 19th day of September , 1989.
May r
NAME
YES
NO
HOOG
x
KIDD ab
RANDELS
X
SALAMONE
X
Thurm X
CONTRACT FOR SERVICES
THIS AGREEMENT entered into this W tH day of September,
1989 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 E S S E T 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
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.
E
(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.
10. 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 ($500.00) 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 Corporation agrees to obtain 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 or omissions of the Corporation's Emergency
Medical Technician personnel. The limits of said policies shall
be in an amount deemed adequate by the City. The Corporation
also agrees to provide Worker's Compensation coverage for the
volunteer firemen so long as they are acting within the scope of
their duties; and fire, storm, and property damage insurance on
the Fire Station owned by the Corporation. The City shall pay
the Corporation, in addition to the other sums payable under this
contract, one -half (1/2) of the cost to the Corporation of the
above described insurance. The Corporation will provide the City
with copies of the certificates of insurance.
13. The City agrees that in return for services specified
herein, it will pay the Corporation the base contract price of
$96,400.00 annually. This sum includes the pay and benefits for
two (2) emergency medical technicians to be provided by the
Corporation under this contract. The compensation provided for
herein shall be paid quarterly, in the sum of $24,100.00 per
quarter commencing on the first day of October, 1989, 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. The City acknowledges that the
Corporation has applied for a grant from the State of Florida in
the amount of $33,783.17 to enable the Corporation to provide
advanced life support services to the Port and the City. The
City agrees to pay the Corporation the sum of $9,450.00 as the
City's share of the matching funds required by the terms of the
grant. Said sum shall be paid to the Corporation by October 15,
1989. These funds will be refunded to the City in the event the
Corporation does not receive the grant.
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, 1989, and
4
ending on the thirtieth day of September, 1990. 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
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 /9 th day of September, 1989.
B
CITY OF CAPE CANAVERAL, FLORIDA,
a municipal corporation
ty. Clerk...*.-....
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R1�Rl�sa� ��•'� Jr
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IN WITNESS WHEREOF, the undersigned CAPE CANAVERAL.VOLUNTEER
FIRE DEPARTMENT, INC., a non - profit 'corporation, by its
authorized officers, has executed this instrument this A6 tt/ day
of September, 1989.
Z <ATITL -ST j
CAPE CANAVERAL VOLUNTEER FIRE
DEPARTMENT., INC., a non - profit
corporation
BY:
Presi en
2