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Home My WebLink AboutResolution No. 1980-34 • MICROFILMED 1-18.83 • RESOLUTION NO. 80-34I _ A RESOLUTION AUTHORIZING THE CITY OF CAPE CANA VERAL, FLORIDA TO ENTER INTO AN AGREEMENT 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 BRE- VARD COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED by the City Council of the City of Cape Canaveral, �. Florida, as follows: SECTION 1. The Mayor and the City Clerk are hereby authorized to execute an agreement with the Board of County Commissioners of Bre- iu yard County, Florida and the Cape Canaveral Volunteer Fire Department for the provision of fire and emergency rescue service to that certain unin- • corporated area between Cocoa Beach and Cape Canaveral, Florida, more . . 4,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 boundary. A copy of 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 16th day of September, 1980. 3 �QFi' yaA� r�� iii n �.�. l ("/ /Pii ,6 v . I ';'.'-:-.),:e.,4-14---• ` t �Ate st `; ,....-4,1.--:;.:"A-.'11.* 0 . q/t NAME r YES NO F,'rf✓�, 1 �! r F �'`� . '�/ .. BOYDX • _ 1L i City"C1-r} (y y � � c CALVERT 4j, •r Ast en i ```•.� LEE R.:. Approv-: -as:.-t Fori.. MURPHY X RUTHERFOF.px Atio 010 rr' it r�Al 497 11:0014737 t . iry 'VW./fiv • __ 00z M ICROFI I. FIRE PROTECTION AGREEMENT THIS AGREEMENT entered into this 30th day of October 1980, by and between the BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, as the governing body of District II Brevard County Fire Protection Municipal Service Taxing Unit, hereinafter referred to as the "District"; the BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, as the governing body of Brevard County, Florida, 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 DEPARTMENT, hereinafter referred to as "Fire Department". WITNESSET H: WHEREAS, the City Council of the City of Cape Canaveral, Florida 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 Commissioners, 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 a 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 I of Brevard County, Florida, maintainst 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 the premises and the promises and conditions herein contained, it is mutually agreed between the parties as follows: 1. The City and the Fire Department hereby agreed to provide such fire protection services and emergency rescue services as defined in para- graph two of this Agreement within the following service area within the boundaries of the District: That portion of Brevard lying between AlA and the Atlantic Ocean with the southern boundary of the MICROFILMED 1-18-83 • 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 pro- tection 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 dispatching 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. • 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 October 1, 1980 through September 1, 1981 the sum of $ $4,295.96 payable as follows: on Nov. 4 , 1980, the sum of $ 358.08 and thereafter in eleven (11) equal monthly installments of $ 358.08 commencing November 30 , 1980 and terminating • September 30 , 1981. b. To provide for the operation and administration of the . MICROFILMED 1=18.83 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 are 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 1 and emergency rescue services. 5. The term of this Agreement shall be for a period beginning October 1, 1980 and terminating September 30, 1981. 6. The City and Fire Department shall perform its obligation under this Agreement as an independent contractor and nothing contained herein shall be construed tobe inconsistent 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. 7. The City and Fire Department further agree to provide and main- tain 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 Couty 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 Department 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 pro- vide 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 • MICROFILMED 1-18-83 r notice to the office of the Administrative Director, Board of County Commissioners of Brevard County, Post Office Box 1496, Titusville, Florida 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 the Florida Statutes, Section 163.01 , the "Florida Inter- local Cooperation Act of; 1969", and shall be subject to approval by the Department of Legal Affairs under subsection (11) of said act. 1 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, as the governing body of the Brevard County District Two Fire Control District. ATTEST: • Ik44xJ � - By: tty )1 ?(IA/461 R. C. Winstead, Jr. , Cler ohn A. Hurdle, Chairman \I BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA ATTEST: c 45(.;(./..Igod:4? 4,4Q,9/ By: IL.11 i d, ...,...1/6 R. C. Winstead Jr. Cler "v' A. Hurd e airman man ATTEST• CITY COUNC L OF THE CITY OF CAPE CANAVERAL, FLORIDA \49 4( i , Deputy City Clerk May6r/Cha4irma' Joh -on L. ' urphy, Jr. l CITY OF CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT ATTE -T.: BY: A • •• SeEretary . .i PresidPn ��-• .�. STATE OE FLORIDA, "'. ' '' `.. 1 "." t COUNTY,OF BREVARD. t=om' iThis.s tocertify tha the regoing_feA-y + true & correct copydof :gdZi;t-: -__,....0.:-':' drelicree-1 /witness my...hand,'-- - i ? :,. —7:, t i r-tom t''' and official seal'fhis ��-a"�'ts;wd'a oi:` 1:--it-- pi-= STEAD,'JR- r- ,,, A G cult Court rx,-r -:.-