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HomeMy WebLinkAboutCity of Tamarac Resolution R-73-057Thig introduced by <!7- V n CITY OF TAMARAC, FLORIDA RESOLUTION NO. A RESOLUTION AWARDING A CONTRACT FOR FIRE PROTECTION TO SUBDISTRICT 10 OF THE BROWARD COUNTY FIRE CONTROL COMMISSION WHEREAS, the existing fire protection agreement with Subdistrict No. 10 of the BROWARD COUNTY FIRE CONTROL COMMISSION expired on April 14, 1973, and, WHEREAS, the City Council is desirous of entering into a new agreement in order to insure the continuation of fire protection for the residents of that part of the City of Tamarac serviced by said department for the next ensuing year beginning April 15, 1973, and, WHEREAS, the rates to be charged have been approved by the voters of the subdistrict and the subdistrict is not permitted to charge the City at lower rates, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the Mayor and the City Manager be and they are hereby authorized to enter into an agreement for fire protection with Subdistrict No. 10 of the Broward County Fire Control Commission, a copy of which is attached hereto. PASSED, ADOPTED AND APPROVED this day of 02 1973. ATTEST: Mayor C Cle RECORD OF COUNCIL VOTE Mayor Seltman Vice Mayor Lange Councilman JO�,nson Councilmen &Iul z Councilman Socker 1 FIRE PROTECTION AGREEMENT THIS AGREEMENT made and entered into this day of�7j" 1973, by and between THE CITY OF TA11ARAC, a municipal corporation, hereinafter referred to as "Tamarac" or "City", and Subdistrict �'10 of the BROWARD COUNTY FIRE CONTROL COMMISSION, hereinafter re -- (erred to as "Fire Department". W I T N E S S E T H: WHEREAS, Fire Department is a volunteer fire department established in the unincorporated portion of Broward County, Florida, bordering and adjacent to the City of Tamarac, and WHEREAS, Fire Department is desirous of extend- ing fire coverage and protection to Tamarac, and WHEREAS, the Council of the City of Tamarac deems it in the best interest of the City to make provision to. have Fire Department provide the necessary fire coverage and protection. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: 1. The term of this Agreement shall be for a period of one (1) year, commencing on the 15th day of April, 1973, through the 14th day of April, 1974, this Agreement being retroactive to that date. 2. The parties acknowledge and fully understand that this contract shall apply only to those sections of the'l2ity" that are currently protected by the Broward County Fire Control District, and that the Fire Department shall extend fire coverage.and protection to only those particu- lar areas of the City. 3. The Fire Department shall provide fire protec-- tion service on a twenty-four (24) hour, seven (7) day per week, first or second call basis during the term of this Agreement. The Fire Department shall be on a first call basis for all property Located within the area protected by the Broward County Fire Control District except as de- noted hereinafter in this paragraph. Provided, however, the Fire Department shall not be responsible on a City-wide basis, for fire protection, said responsibility being. limited to back-up, if needed, in any area of the City wherein its responsibility is not primary. For purpose of this Agreement, "first call" shall mean primary responsibility to reply and respond when called or otherwise needed, it being expressly recognized that the Fire Department has other responsibilities both within and without its Subdistrict and that if equipment has been dis- patched elsewhere that it cannot respond to a call within the City. Additionally, it is acknowledged by the parties that although the Fire Department's obligation to the City is on a first call basis, if the Fire Department services are needed in an unincorporated area of'the fire district, the City shall be'thereupon placed on a second call status. 4. Tamarac agrees that payments to the Fire Department for its services to the City of Tamarac under the terms of this Agreement shall be made on the following basis: (a) Five and 00/100 Dollars ($5.00) for each single family residence. (b) Duplexes and other apartments at the rate of Five and 00/100 Dollars ($5.00) per unit. (c) Acerage at the rate of Twenty Cents ($.20) per acre. (d) One and 00/100 Dollar ($1.00) for each platted vacant lot. (e) Commercial establishments in accordance with the following schedule: - 2 -- I SQUARE FOOT FLOOR AREA CHARGE 1-999 square feet $ 25.00 1, 000-1, 999 square feet 38.00 2,000-2,999 square feet 50.00 3,000--3,999 square feet 61.00 4,000--4,9.99 square feet 70.00 5, 000--5, 999 square feet 78.00 6,000-6,999 square feet 85.00 7,000--7,999 square feet 91.00 8,000-8,999 square feet 96.00 9,000--10,000 square feet 100.00 Tamarac further agrees that as lots are improved and certificates of occupancy have been issued, they shall pay immediately to the Fire Department the applicable fee pursuant to the aforesaid schedule. 5. The parties agree that Tamarac shall pay quarterly in advance to the Fire Department as hereinafter provided for those monies pursuant to the aforementioned schedule. The failure of the City to collect said monies shall have no effect whatsoever on the City's obligation to remit payment for each and every parcel of land within the area. 6. The Fire Department shall only be entitled to receive monies for properties in that area lying east of Northwest 31st Avenue (also known as Debloise Road). 7. Fire coverage and fire protection as set forth in this Agreement shall mean and include services to any areas east of the center line of Northwest 31st Avenue cur- rently within the municipal boundaries of the City, or as may hereinafter be brought into the City by annexation or otherwise, and shall be furnished on the call of any of- ficial of the City, resident, businessman or any other individual who may observe a fire or emergency condition MIM warranting the services of Fire Department. Said service shall include the extinguishment of fires and such rescue operations as are within the capability of Fire Department to render, and such other emergency services as Fire Department renders to other areas within its service jurisdiction, to the extent that the protection and ser- vice provided to Tamarac by Fire Department shall be equal to service rendered by Fire Department in other areas within its service jurisdiction. 8. Fire Department agrees to protect and in- demnify the City from'any claims arising from the operation of Fire Department, its agents, members or employees within the municipality or as a result of service to the munici- pality, and to further protect the City by securing public liability insurance upon Fire Department, its agents, mem- bers or employees, and to make the City a named insured thereon and to pay the premiums thereon in an amount suf- ficient to protect against damages claimed to the extent of $100,000.00 for one person and $300,000.00 for two or more persons, and in the amount of $25,000.00 for property damage. Fire Department further agrees to indemnify and save harmless the City from all suits or actions of every name and description brought against the City for or on account of any injuries whatsoever suffered by any person_ whomsoever during or on account of activities of Fire De- partment, its agents, members or employees within the. City, or on a call to private fire service or protection to the City. 9. The City agrees that Fire Department shall not be charged any fee for the use of such fire hydrants as are located within the City for consumption of water in the per- formance of any of its obligations under this Agreement. -4- 1 10. The City grants to Fire Department the right and authority to inspect buildings and outbuildings within the area served for determining possible safety and fire violations in accordance with accepted standards of same within the City. In this regard, the Fire Department shall have the responsibility of testing the efficiency of all fire hydrants within its district, at four (4) month inter- vals, during the term of this Agreement. Any deficiency, however slight, shall be immediately reported, in writing, to the City Manager of the City of Tamarac. 11. This contract may only be terminated by Fire Department for the failure of the City to remit monies in accordance with the terms of this Agreement. Tamarac may terminate this Agreement should the Fire Department fail to provide the service required under the terms of this Agreement. Tamarac may terminate this Agreement should the Fire Department fail to provide the service required under the terms of this Agreement in a satisfactory manner. To effectively terminate the provisions of this contract, the party seeking to terminate shall give ten (10) days notice to the other party, in writing, specifying the alleged violations, registered mail, return receipt re- quested, and the contract shall be terminated at the expiration of the tenth (loth) day exclusive of the day the notice is received by the recipient. In the event the City seeks to terminate this Agreement for failure of the Fire Department to provide required service in a satisfactory manner then and in that event, within ten (10) days after the notice referred to above, the City shall conduct a hearing to determine -the truth or falsity of the alleged violation and the alleged violator shall have an opportunity to be present and to present a defense. If the Council finds the violation existed, the contract shall be termi- nated. If`the Council finds the violation did not exist -5- 4 or was justifiable, the notice of termination shall be cancelled and each party shall proceed under the terms and conditions of this Agreement. In the event the Fire Department should seek to terminate this Agreement, the Board of Directors of the Fire Department shall conduct a hearing, at City Hall in the City of Tamarac, or such other place as may be designated by the City Council, to determine the truth or falsity of the alleged violation and the City shall have an opportunity to present a defense. If the Board of Directors finds the violation existed, the contract may be terminated as aforesaid as soon as adequate fire protection is substituted for the fire protection con- templated in this Agreement. If the Board of Directors finds the violation did not exist or is justifiable, said notice of termination shall be cancelled and each party shall proceed under the terms and conditions of the contract. if said contract is terminated and said termination is affirmed, the Fire Department shall return, within fifteen (15) days the prorata portion of the monies paid by the City to the Fire Department terminated: to -wit, the unused portion of funds on a per diem basis from the day termination is af- firmed and effected to the 14th day of April, 1974. 12. For purposes of notification as might be re- quired by this Agreement, the parties'addresses are as follows: City of Tamarac 5200 Rock Island Road Tamarac, Florida 33313 Subdistrict #10 Br_oward County Fire Control Commission c/o North Andrews Volunteer Fire Department 4721 Northwest Ninth Avenue Fort Lauderdale, Florida 13. The parties further agree that Tamarac may cancel this Agreement upon sixty (60) days written notice should it decide to create its own fire department created or established to serve only the City of Tamarac. In the d'E event of such termination, Fire Department shall not be obligated to refund to Tamarac any portion of the monies paid hereunder. 14. This Agreement shall inure to the benefit of and be binding upon the parties hereto, their heirs and assigns. IN WITNESS WHEREOF, the parties hereto have set.-,'. - their hands and seals this m ay of l 197_3 CITY OF TAMARAC ATTEST: ager By 0 yor SUBDISTRICT #10 BROWARD COUNTY FIRE CONTROL COMMISSION M APPROVAL OF CONTRACT I HEREBY CERTIFY that the foregoing Fire Protection Agreement was approved by the Broward County Fire Control Commission at a meeting held on the day of , 1g73.._ BROWARD COUNTY FIRE CONTROL COMMISSION ATTEST . By - Chairman ecr ry-Treas r r I HER Y CERJF/t I h e appro the o ectness of �I rye , uit�9-i- ttour ney' City of Tamarac -7-