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Home My WebLink AboutResolution No. 1981-46 . MICROFILMED 1-18-83 RE.S"OhUT.I.ON NQ, 81-46 ' • 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 PROTECTION SER- VICES AND EMERGENCY RESCUE SERVICES 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 : SECTION 1. The Mayor and the City Clerk are hereby authorized [I] to execute an agreement with the Board of County Commissioners of Bre- yard County, Florida and the Cape Canaveral Volunteer Fire Department ' for the provision of fire and emergency rescue services withiri.•, 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 City of Cape Canaveral as its northern boundary and the northern boundary of the city of Cocoa Beach as its southern boundary. ' That portion of Brevard lying between the southern boundary of Cape Canaveral Air Force Station and the northern boundary of the City of Cape Canaveral . A copy of said Agreement is attached hereto and made a part hereof by reference. SECTION 2 . This Resolution shall become effective October 1, 1981. • ADOPTED by the .City Council of the City of Cape Canaveral, Florida this 18 day of August, 1981 . • • ayo • •NAME YES NO Attest: BOYD CALVERT • _ .-tAijaL:td)) \I-OCILLS • V in City Clerk MURPHY ; Ell RUTHERFOF ) . Approved as to Form: i NOTE:/ -- ," • . RESOLUTION NO. 81-46 was never signed - an • •�/,/ �� agreement was signed on RESOLUTION 82-2 and T _fit torney - no funds were exchanged due to the fact that the services exchanged were financial washouts fire protection for the County by the City in exchange for dispatch services from County for IJ the Cape Canaveral Volunteer Fire Dept. r r-'- �.s . �� T."'Vl�,... 'x _... 1 Y.•R...iS _ _ a'%r.r `J� - '^t'7',1^ 1 1 ( fit•+- ,; _ ,cLA.S,,,.o- -�-� � 1 Qin.: 4k)\1 FIRE PROTECTION AGREEMENT MICROFILMED= I-18-83 THIS AGREEMENT entered into this day of - 1981, 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 referred2to 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. " T N"E° g...S E: T H - -. _._. til^'.a.,�. '.w•`,�r ..:':... �. �;.'•.' ... .- - _ .., WHEREAS, the City, Council of„-=the City 'of Cape Canaveral, Florida, and the Cape Canaveral Volunteer:-FireDepartment have . a s-: lsfi: agreed to provide fire protection services and emergency rescue services within a portion of- Brevard County, Florida and "-''-:-WHEREAS, the Board of.-County Commissioners,..'- on August 11, 1977•, adopted Ordinance No 77-32' which amended - Section 10-80, Article VI, Chapter 10,. Brevard'County'Code, to create the District II Brevard County-Fire-Protection Municipal Service Taxing Unit; andsM� ... ". ... . ��'. lC�. .iii WHEREAS, the Board. of County Commissioners , as the govern- ing body of -Elie District, has adopted -a budget for providing fire protection services within the boundaries: of the District II Brevard County Municipal Service Taxing Unit; and NOW,1 THEREFORE, in -consideration of the premises and the promises and conditions- herein contained:it is mutually agreed between the- parties as `` follows: _ Y r T3i - Yri PP • ii- A IrP it tm, .�+_ e+.-_' r rn-1k.:�h^, 2 5 S S :u:d i.3'.•?'-Y i •>: c,Y•,^'a. .... d5..;;. ,.. i;..r�•.�o-r?3"_ n:::-i,- p....`: ti e F.,k-J-. tk :r,.k_`c w�s..z..<.i•�. .�l..a.:j4.t:..1 g•-••• :�1.._1 ts-uv.'a• 040 f cit- �1 sxf MICRwe OFILMED 1-18-83 1. • The City and the Fire Department hereby agreed to provide 'Such fire protection services and emergency rescue . . ,. services as defined in paragraph two of this Agreement within the followingservice area within 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. That portion of Brevard lying between the southern boundary of Cape Canaveral Air Force Station andthe northern boundary of the City of Cape Canaveral. The aforementioned unincorporated area. lying within the District '' is hereinafter referred to in this Agreement as the "Service Area. " ' `` ;;,'' The:::City`:hereby._agrees :-as follows: . a. . To provide the same level -of fire protection ser- vices andemergency 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 repre- sents that the same level of fire protection services and emergencyrescue 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 re quests for fire protection- and emergencyrescue services from 4,.. 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 servicearea 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. - 2 - t `. _ vps �+.-' x� 'x) r . �e^*,,, ..."T'-m---7,470-41.74. ' T..r'Ya�l�o.' "1.74. encS.v".1" „" �'.., ^"- 72' MICROFILMED 1-18.83• w c. To provide for joint fire inspection and fire prevention services within the service area according to stan- dards 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 01 , 1981, through September 30, 1982, the sum of $ 4, 730. 00 payable as follows: On `. 3.1 :October , 1981, the sum of $_ 394, 02 , and thereafter in eleven' (11) equal monthly installments of $ 394. 00 ' commencing 30 November 1981, and terminating 30 September 1982 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. _ °c ' 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 October 01, 1981 and terminating September 30 , 1982 . 6. The City and Fire Department shall perform its obli- gation under this Agreement as an independent contractor and nothing contained herein shall be construed to be 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, em- ployees, or representatives of the District or the County. - 3 - „0, _.-4,.:_:,.-, 7-7- 77'f'-'----- 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 in- suring 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 Department under the terms of this Agreement. Such policy of insurance shall insure the County in mounts 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 thiry (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, 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 Interlocal Coopration Act of 1969, ” and shall be subject to approval by the Department of Legal Affairs under subsection eleven (11) of said act. 4 � . -•--•`."C<, y- - „ —mow_u't?. , •',f a.,. r. :, K _ ,.:,.... 41. MICROFILMED . 1-18-83 ...0efe</ IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year firstabove written. BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA-, as the governing body of the Brevard County District II Fire Control District. ATTEST: BY: N R. C. Winstead, Jr. , Clerk Val M. Steele.,: Chairman BOARD OF COUNTY COMMISSIONERS OF • BREVARD COUNTY, FLORIDA • ATTEST: BY: R. C. Winstead,r .Jr. , Clerk,. Val M. Steele, Chairman ATT?ST:.• ��(( CITY COUNCIL OF THE CITY OF CAPE ;�� ._ CANAVERA , FLORIDA BY: `I I 7 City Clerk fir—gairm. n ATTEST!/If C� ��;��`�``..c`• CITY OF CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT BY: Secretary President