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Home My WebLink AboutResolution No. 1980-02 • MICROFILMED 1-18-83 RESOLUTION NO. 80-2 A RESOLUTION AUTHORIZING THE CITY OF CAPE CANAVERAL, FLORIDA, TO ENTER INTO AN AGREE- MENT WITH THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA AND THE CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT TO PROVIDE FIRE EMERGENCY RESCUE SERVICE TO CERTAIN UNINCORPORATED AREAS IN BREVARD COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED by the City Council of the City of . Cape Canaveral , Florida, as follows : [1SECTION 1 . The Mayor and City Clerk are hereby authorized to execute an agreement with the Board of _ e County Commissioners of Brevard County, Florida, and the Cape Canaveral Volunteer Fire Department for the provision of fire and emergency rescue service to that certain unincorporated area between Cocoa Beach and Cape Canaveral , Florida, more particularly described as : That portion of Brevard lying between AlA and the Atlantic Ocean with the. southern boundary of the City of Cape Canaveral as its northern boundary and the northern boundary of the City of Cocoa Beach as its southern botindary. A copy of the said Agreement is attached hereto and -. made a part hereof by reference. SECTION 2 . This resolution shall become effective immediately upon its adoption. ADOPTED by the City Council of the City of Cape Canaveral , Florida, this 5th day of February, 1980. u „.„,,,„„,„.„ ...., ..,_.... ,1/4...„ 12' cr M r 0/1/7g9o , f 4,,.," , y ` • ms , ,ce s tU „ r Y✓, At est,: -., o..„ r lipidv •' • I N ti NAME YES NO :,,i,'-`,11) `/A?• ° '* ll. -,44' Ip!f/ /a .s - �. C'i, P 41Clerz a -_y BOYD t flu i w - !:.:: 7 t, -.:, x cALVERT R�� ”' Aplftoved as to form: LEE / /1 Ill MURPHY I ! 1 / RUTHERFOF,) AM /t / torn 4f� MICROFILMED 1-.18-83 FIRE PROTECTION AGREEMENT THIS AGREEMENT entered into this 10th day of Apri1 , 1980, by and between the BOARD OF COUNTY COt1ISSIONERS OF BREVARD COUNTY, FLORIDA, as the governing body of the District II Brevard County Fire Protection Municipal Service Taxing Unit, hereinafter referred to as the "District"; the BOAP.D OF COUNTY C011SSIONERS OF BREVARD COUNTY, FLORIDA, as the governing body of Brevard County, hereinafter referred to as the "County"; THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, hereinafter referred to as the "City"; and the CAPE CANAVERAL VOLUNTEER FIRE DEPAR NE TT, hereinafter referred to as "Fire Department". Witnesseth: WHEREAS, the City Council of the City of Cape Canaveral and the Cape Canaveral Volunteer Fire Department have agreed to provide fire protection services and emergency rescue services within a portion of Brevard County, Florida,_ _and WHEREAS, the Board of County Corrmissioners, as the governing body of the District, has adopted a budget for the providing of fire protection services within the boundaries of the District through the levy of ad valorem taxes under the authority of said Ordinance No. 75-14, Sections 10-80 through 10-84 of the Brevard County Code; and WHEREAS, the Board of County Commissioners, as the governing body of Brevard County, maintains. certain centralized services available for use by contract by local government units within Brevard County including a central equipment pool facility for the repair and maintenance of vehicles and equipment; NOW, . THEREFORE, in consideration of thepremises and the promises and conditions herein contained, it is mutually agreed between the parties as follows 1. . The City and the Fire Department hereby agree to provide such fire protection services and emergency rescue services as defined in paragraph 2 of this agreement within the following service area within MICROFILMED 1=1 =a3" • the boundaries of the District: That portion of Brevard lying between AlA and the Atlantic Ocean with the southern boundary of the City of Cape Canaveral as its northern boundary and the northern boundary of the City of Cocoa Beach as its southern boundary. The aforementioned unincorporated area lying within the District is hereinafter referred to in this agreement as the "Service Area". 2. The City hereby agrees as follows: a. To provide the same level of fire protection services and emergency rescue services as the City and the Fire Department provide to residents and property located within the boundaries of the City. The City hereby warrants and represents that the same level of fire protection services and emergency rescue services which they provide to the residents and property located within the boundaries of the City shall be provided to the residents and property within the service area during the term of this agreement. b. To provide fire protection, emergency rescue and facilities in order to effectively and promptly receive requests for fire protection and emergency rescue services from inhabitants within the service area and dispatch appropriate response according to standards of dispatcidng agreed upon between the parties from time to time. The City and Fire Department hereby warrant and represent that the level of fire protection and emergency rescue dispatching services provided in the service area shall be at a level equal to that provided by the City and Fire Department within the boundaries of the City during the term of this agreement. c. To provide for joint fire inspection and fire prevention services within the service area according to standards of inspection and fire protection services agreed upon between the parties from time to time. -2- MICROFILMED 1-18 83 3 . The County hereby agrees as follows : a. To pay the City and Fire Department for the fire protection and emergency rescue services provided for in this agreement during the term of this agreement beginning April 10 , 1980 through September 30 , 1980 , _the sum of $2, 040 .93 , payable as follows: on May 1 , 1980 , the sum of $250 . 53 , and thereafter in five (5) equal monthly installments of $358 .08 commencing June 1 , 1980 and terminating October 1, 1980. b. To provide for the operation and administration of the District in order to coordinate the furnishing of fire protection and. emergency rescue services within the boundaries of the District. c. To furnish arson investigation services within the service area and to assist the City and Fire Department in the enforcement of such fire prevention services as may be agreed to from time to time by the parties within the service area. 4. The District and the City and Fire Department hereby agree upon request to mutually assist and aid the other with fire protection and emergency rescue services. - 5. The term of this agreement shall be for a period beginning April 10, 1980 , and terminating September 30 , 1980. 6 . The City and Fire Department shall perform its obligation under this agreement as. an independent contractor and nothing contained herein shall be construed to be incon- sistent with this relationship or status. Nothing in this agreement shall be in any way construed to constitute the City and Fire Department or any of its agents or employees as the agents, employees or representatives of the District or the County. -3- • MICROFILMED 1-18-83, 7. The City and Fire Department further agree to provide and maintain at all times during the term of this agreement, without cost or expense to the County or the District, a policy of insurance generally known as a public liability policy insuring the County and the District against any and all claims, demands or causes of action whatsoever for injuries received or damage to property incurred in the performance of the fire protection and emergency rescue services by the City and Fire Depart- ment under the terms of this agreement. Such policy of insurance shall insure the County in amounts not less than the amounts maintained by the City for coverage of other City activities and shall name the County as a coinsured and shall provide that the County shall be entitled to thirty (30) days' written notice of any changes or cancellation of said policy. A copy of such insurance policy shall be filed with the Brevard County Insurance and Contracts Director within thirty (30) days of the date of the execution of this agreement. 8. It is mutually understood by the parties that each party shall have the right to terminate this agreement by giving the other parties written notice at least thirty (30) days prior to the date of such termination. Notice shall be given to the District and the County by sending written notice to the office of the Administrative Director, Board of County Commissioners of Brevard County, Post Office Box 1496, Titusville, Fl. 32780. Notice shall be given to the City and Fire Department by sending written notice to the City Manager, 105 Polk Avenue, Cape Canaveral, Florida 32920 and 190 Jackson Avenue, Cape Canaveral, Florida 32920. 9. This agreement shall be deemed to have been entered into under the provisions of Florida Statutes, Section 163.01, the "Florida Interlocal Cooperation Act of 1969", and shall be subject to approvalby the Department of Legal Affairs under subsection (11) of said act. -4 MICROFILMED 1-18-8.3 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. BOARD OF COUNTY CC MISSIONERS OF BREVARD , COUNTY, FLORIDA, as the governing body of the Brevard County District Two Fire A'rrEST: Control District. BY A, il,/ /0 R.C..:.Winstead, Jr. , Clerk __ vii�im.A• . Hun '-- : I; F_s" '" gdy BO' ', L 1 ►� OF COUNTY CCM ISSIONERS OF hST: BRE\ARD COUNTY, FLORIDA `l. J / ` ' %!gid By ►. ___ R.C. Winstead; Jr. , Clerk J:'!" rr d e, '%firman J. ,<� ', :3 } 4,y::. ..'"' `d ,1,aa00,'v ?',�,'-.°4( CITY CO `1C17. OF THE CITY OF .. 4.);. ATTEST ;, , ° u k q CAPE CANAVERAL, FLORIDA Rc t o 4,....4•i,4, . rte \ . I hJr� 64'.• : By City"Clerk ,6 yo .1 o L. Murphy, Jr. ti,d V'PC PAPPPOO u7G 4.4 . ::: ' "'IL.-63'0 0'fi CITY OF CAPE CANAVERAL VOLUNTEER FIRE Zy A�1; . Ni ly 149 e,tgri4z o U° Q 0•4,--/X:._nesy� B ^ �� '.I C LA C/: d� p.�Nuti, _"',7(/rf a ,Sec etarvg l ident - Ac)�d'.e , �e000000'y� .•4. ... ;`•,.;.`;',,-..,-,x, ••7:":- -5-