HomeMy WebLinkAboutResolution No. 1990-48RESOLUTION NO. 90 -48
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 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 4th day of September 1990.
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CONTRACT FOR SERVICES
THIS AGREEMENT entered into this 4th day of September,
1990, 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
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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.
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(b) The Corporation agrees to provide the City
Advanced Life Support Services. The Corporation shall have one
(1) Emergency Medical Technician and one (1) Paramedic on duty at
all times.
(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 and Paramedic 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
$157,900.00 annually. The compensation provided for herein shall
be paid quarterly in the sum of $39,475.00 per quarter commencing
on the first day of October, 1990, 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, 1990, and
ending on the thirtieth day of September, 1991. 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
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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 4th day of September, 1990.
CITY OF CAPE CANAVERAL, FLORIDA,
a municipal corporation
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�Qe4e IN WITNESS WHEREOF, the undersigned CAPE CANAVERAL VOLUNTEER
FIRE DEPARTMENT, INC., a non - profit corporation, by its
authorized officers, has executed this instrument this /v2.`1 day
of September, 1990.
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CAPE CANAVERAL VOLUNTEER FIRE
DEPARTMENT, INC., a non - profit
corporation
BY: ,�v
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