HomeMy WebLinkAboutResolution No. 1991-28RESOLUTION NO. 91 -28
A RESOLUTION AUTHORIZING THE MAYOR AND 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 17th day of September , 1991.
ATTEST:
Y.
ty Clg.rk
Approve'ci !as'- -T'.t�o Form:
n,1
Att rney
NAME
YES
NO
KEDZIERSKI
X
PORTER
x
RANDELS
X
SALAMONE
X
ITHURM
X
CONTRACT FOR SERVICES
THIS AGREEMENT entered into this /�% day of
1991, . by and between the CITY OF CAPE CANAVERAL, Florida,
hereinafter ca'lled 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
1
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 achi -eve
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 fi're service instructor. The City agrees to bear
the expense for any special training, this expense to be in
addition to the amount determined inn 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
protecti'on 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
2
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 servi.ce.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.
(b) The Corporation agrees to provide the City
Advanced.Life Support Services. The Corporation shall have
one (1) Emergency Medical Technician and one'jl ) Paramedic on
duty at all times.
(c) As a standard of performance, fire fighters
shall respond to ni.nety -five percent (95 %) of all calls
within the City's corporate - limits within three (3) minutes,.
after a call has been dispatched.
3
(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.Counci1, from time,.to time,
may request,-as specified in the Contract..
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 ,i n . mutual aid, or i'n
such other geographical area as determined by the senio:r.:
offi'ce_r, on-duty. The Corporation shall have authority over
the day to use of said eq,uipment•in carrying out its .
duties under. this Agreement. Routine maintenance of said
equipment shal -1 be.the responsibility of the.Corporation.
Major' repairs, def i ned herein, as any repair exceeding five
hundred dollars ($500.00) per oc.c,urrence, 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 F.i.re Department, Inc.,`
The Corporation agrees t0, obtain..po'licies 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 relat.ing to the performance of any duty or
obligation herein set forth, including acts or omissions of
on's Emergency ical. Technician and Paramedic
the Corporati: g y Med >
' 4 '
personnel. The limits of said policies shall be i-n 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
p'rovi-de the City -wi'th copies of the certificates of
insurance.
13. The City agrees that in return for services
.specified herein, it will pay the Corporatioh.the base
contract p.ri,ce of $i68,400.00 annually. The compensation
provided for herein shall be paid quarterly in-the sum of
$42,1,00,.00 per quarter commencing on the first day of
October, 1991 and continuing thereafter, on the first day of
January, April and July for.the term of this contractil In
addition., the City agrees-to reevaluate and review on an
annual basis the,rate of compensati`.on payable to the
Corporation..
14. In the event the active' membe'rship 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
51
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, 1991,
and ending on the thirtieth day of September, 1992. 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 non7defaulting 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 provi=sions 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
C.
- medical services.
IN WITNESS WHEREOF, the undersigned CITY OF CAPE
CANAVERAL, FLORIDA, by its duly authorized officers, has
t>t
executed this instrument this 17 day of September, 1991.
CITY OF CAPE CANAVERAL, FLORIDA
a municipal orpor tion
AT-v' STv` 4
j( CORPORTfN,kEAL; -) dgi,"
r Wi- TNES8: -1, THEREOF, the undersigned CAPE CANAVERAL
VO.L,UNTtikZ1Pf E- DEPARTMENT, INC., a non- profit corporation, by
its authorized officers, has executed this, instrument this
2? day of.September, 1991.
CAPE CANAVERAL VOLUNTEER FIRE..
DEPARTMENT, TNC.., a non- profit
cnrnnra�i -nt9 %1 �i '
epoo0 oo00
7
AMENDMENT #1
Cape Canaveral Volunteer Fire Department -shall have a
compliance hearing for this contract year.(October, 1991 -
September, 1992).,, The cost of this compliance hearing shall be
completely payable by the City of Cape Canaveral and the
"Canaveral Port Authority. Cape Canaveral Volunteer Fire
Department shall be solely responsible-for picking the auditing
firm.
The following shall be the items checked for compliance by the
auditing firm and shall be prepared and presented to the
City /Port by December 15, 1992:.
1. Review attendance records regarding
sessions and compare to proficiency
State of Florida for volunteer fire
2. Review contractual special training
and the Port Authority. Shipboard
the Port contract only.,
fire dr.ills,- training
requirements of the
fighters.
required by the City
training applicable to
3. Review Cape Canaveral Volunteer Fire Department's Standard
Operating Procedures for policies and procedures regarding
personnel and equipment.
4.. Review membership and duty assignment rosters to ascertain
compliance with minimum contractual standards for trained.
firefighters presence at all times.
5.• Determine if the department is in compliance with standard
-of performance measurements contained in Item 9 (a), (b),
and (c) of the fire services contract.
6. Review compliance with insurance requirements of the
contract. Examine certificates of insurance or - insurance
policies for coverage requirements.
7. Review.records of the Corporation to determi -ne if
membership levels were in compliance with contractual
requirements....
8.. Review procedures on how the Port and City are invoiced
for insurance and vehicle expenses over $500.00 and for
insurance premiums.
9. Review that the Corporation is in compliance with Federal
and State Regulations regarding Not- for - Profit Corporation..
1.0'. Compliance with.HRS regulations concerning ALS. 10D 66
11. Compliance with Medical Directors protocol.
12. Compliance with CFR 1910.120 for Hazardous Materials
training.
- Compliance with SARA Title III.
- DOT Requirements for Drivers Licenses.
13. Comparison check of Cape Canaveral Volunteer Fire
Department pay structure with other departments whose
employees have the same level of responsibility.
14. The City Attorney shall quote and submit specific legal
and binding requirements that the Cape Canaveral Volunteer
Fire Department is required by law to perform this Oct.
1991 - 1992 Compliance Review.
15. The Fire Chief shall give an estimate of man hours used by
the Department while conducting the Compliance Review.
16. Verify that the City /Port are maintaining and installing.
items (i.e.) equipment tagging, inventory records and
control of their equipment; contract payments to the
Department, etc.
17. Provide the Port, City Council and Cape Canaveral
Volunteer Fire Department with a report on the findings and
recommendations regarding the topics of the Compliance.
IN WITNESS
01 ��WHgZEOF,
17tB day.,of+ SbepY'6h
rAt est:
as .
�ty Clerk + +��o.
IN WITNESQ_L'•_]
the undersigned has executed this document.this
1991.
CITY OF CAPE CANAVERAL, FLORIDA
, the undersigned has executed this document this
2.Z day of September, 1991.
Attest: ��� "'i�
�O F" ° s4��,G
-
�4 too
® �J tiL 6
on 1
'� �l ••ao�ea°'a a d �c
CAPE CANAVERAL VOLUNTEER F