HomeMy WebLinkAboutCity of Tamarac Resolution R-69-056T
RESOLUTION NO.�
A RESOLUTION AUTHORIZING AND DIRECTING
'AW THE PROPER CITY OFFICIALS TO EXECUTE
4W AN AMENDED FIRE PROTECTION AGREEMENT
WITH BAILEY ROAD VOLUNTEER FIRE DEPART-
MENT, INC., SUB -DISTRICT NO. 8, AND
NORTH ANDREWS VOLUNTEER FIRE DEPARTMENT,
INC., SUB -DISTRICT NO. 10, AMENDING
RESOLUTION NO. 20-69.
WHEREAS, on April 7, 1969, the City of Tamarac
passed a Resolution entering into a Fire Protection
Agreement with Bailey Road Volunteer Fire Department,
Inc., Sub -District No. 8, (hereinafter referred to as
No. 8) and North Andrews Volunteer Fire Department,
Inc., Sub -District No. 105 (hereinafter referred to as
No. 10); and,
WHEREAS, the City Council and the parties thereto
deem it wise and expedient to amend said contract in cer-
tain respects and to affirm that contract in other respects;
now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
TAMARAC, FLORIDA:
SECTION 1: That the proper City officials are
hereby authorized and directed to execute the amended Fire
Protection Agreement with Bailey Road Volunteer Fire Depart-
ment, Inc., Sub -District No. 8, and North Andrews Volunteer
RESOLUTION NO. co - S &" (Continued) -Z-
Fire Department, Inc., Sub -District No. 10, and the
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Broward County Fire Commission, in accordance with a
copy of that certain amended Fire Protection Agreement
attached hereto and made a part hereof as if set forth
in full herein.
PASSED AND ADOPTED this 30th day of September,
A.D., 1969.
ATTEST:
City Clerk
r
MAYOR
FIRE PROTECTION AGREEMENT
THIS AGREEMENT, made and entered into this
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_— day of September, A.D., 1969, by and between
the CITY OF TAMARAC, a municipal corporation organ-
ized and existing under the Laws of the State of
Florida, and located in Broward County, Florida,
hereinafter referred to as "City", and BAILEY ROAD
VOLUNTEER FIRE DEPARTMENT, INC., Sub -District No. 8,
hereinafter referred to as "No. 8" and NORTH ANDREWS
VOLUNTEER FIRE DEPARTMENT, INC., Sub -District No. 10;
hereinafter referred to as "No. 10" and BROWARD
COUNTY FIRE CONTROL COMMISSION, hereinafter referred
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to as "Commission";
W I T N E S S E T H:
WHEREAS, the City of Tamarac has, on April
16, 1969, entered into separate contracts with No. 8
and No. 10, as approved by the Commission, for fire
protection service within the City limits of the City
of Tamarac and;
WHEREAS, certain problems have developed pur-
suant to the performance of the terms and conditions
of said contracts and all parties herein deem it wise
and expedient to amend said contract in certain respect
and to continue certain portions of said contract in
certain respect, all in accord with the terms and condi-
tions as hereinafter set forth; NOW, THEREFORE,
IT IS MUTUALLY AGREED by and between all parties
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hereto, for and in consideration of the covenants and
agreements hereinafter made and to be kept and per-
formed between the parties, each to the other party
• passing, each party hereby acknowledging the consider-
ation thereby received, as follows:
1. That this Agreement shall be in full force
and effect for a period of one (1) year commencing on
the 16th day of April, A.D., 1969, and ending on the
15th day of April, A.D., 1970, and shall be subject to
renewal for an additional one (1) year period upon mutual
agreement of the parties hereto.
2. No. 8 and No. 10 shall provide fire pro-
tection service on a twenty-four (24) hour, seven (7)
day per week first call basis during the term of this
• Agreement. For purposes of this Agreement, No. 10
shall be on a first call basis for all property located
within the City east of the centerline of State Road #7
and No. 8 shall be on a first call basis for all property
in the City, including that property which may subsequently
be annexed into the City, west of the centerline of said
Sate Road #7.
3. The City agrees to pay No. 8 and No. 10, for
furnishing the fire protection coverage hereunder, the
following sums:
• SUB -DISTRICT No. 8:
a. $3.00 per lot for 926 platted improved $2,778.9
lots with substantial improvements thereon;
b. $15.00 per business establishment for $ 60:00
C. 50p,per lot for 1920 platted vacant lots $ 960.00
d. 10t per acre for unplatted property; $ 21.60
216 acres
e. $3.00 per home as soon as certificate of
occupancy occurs. This should be paid
each month along with names and addresses
of new residents. $ 3,033. 0
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SUB -DISTRICT NO. 10:
a. $3.00 per lot for 985 platted improved $ 2 -95500
lots with substantial improvements thereon;
b. $15.00 per business establishment for 14 $ 60.00
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C. 50¢ per lot for platted vacant lots $
d. 10J per acre for unplatted property; $
e. $3.00 per home as soon as certificate of
occupancy occurs. This should be paid
each month along with names and addresses
of new residents. $
4. Fire coverage and fire protection as set forth
in this Agreement shall mean and include services to any
areas East or West of State Road #7 currently within the
municipal boundaries of the City, or as may hereinafter be
brought into the City by annexation or otherwise, and shall
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be furnished on the call of any official of the City,
resident, business man or any other individual who may ob-
serve a fire or emergency condition warranting the services
of the Fire Department. Said service shall also include
the extinguishment of fires and such rescue operations as
are within the capability of the particular Fire Department
to render, and such other emergency services as the Fire
Department renders to the area within its jurisdiction, so
that the protection and service for the City by the respective
Fire Departments shall be the same service rendered by the
Fire Department in other areas within its service jurisdiction.
5. The Fire Department agrees to protect and
indemnify the City from any claims arising from the operation
of the Fire Department, its agents, members or employees
within the municipality; and to further protect the City
by securing public liability insurance upon the Fire
Department, its agents, members or employees, and to pay
the premium thereon in an amount sufficient to protect
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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.
The Fire Department further agrees to indemni-
fy 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 the Fire
Department, its agents, members, or employees within the
City, or en route to the City, or on a call to provide fire
service or protection to the City.
6. The City agrees that the 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
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performance of any of its obligations under this Agreement.
7. Should the Fire Department be giving mutual
fire assistance and aid to another Fire Department, and
a fire call be received from the City, then, and in such
event, the Fire Department, or the mutual aid Fire Company,
whichever can respond sooner, shall respond at the earliest
practicable time. Should the Fire Department be otherwise
occupied as the result of such mutual fire assistance or
as the result of being in the process of providing service
unto the area within its jurisdiction, the Fire Department
shall request and obtain as much "back-up" service from
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some other Fire Department -as possible and practicable
to assist the City.
8. The City grants to the Fire Department the
right and authority to inspect:buildings and outbuildings
within the municipal limits of the City for determining
possible safety and fire violations of accepted standards
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of same within Broward County, Florida.
9. This Agreement supersedes the agreements
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between the City and No. 8 and No. 10 respectively
executed on April 19, 1969, covering substantially
the same area and under substantially the same terms
and conditions.
10. This Agreement shall be considered a
separate agreement between the City and No. 8 and
the City and No. 10 respectively. A breach or other
dispute arising between either No. 8 or No. 10 and
the City shall not affect the other.
11. This contract may only be terminated
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by No. 8 or No. 10 for failure of the City to pay
in accordance with paragraph No. 3-above, and the
contract may be terminated by the City only for
failure of No. 8 or No. 10, respectively, to give
the required and satisfactory service. To effect-
ively 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 re-
ceipt requested, and the contract shall be considered
terminated at the expiration of the tenth day exclu-
sive of the day floe notice is received by the recipient.
Provided, however, within said ten (10) day period,
the City shall conduct a hearing to determine the
truth or falsity of the alleged violation and the
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alleged violator4shall have an opportunity to be
present and to present a defense. If the Council
finds the violation existed, the contract shall
be terminated as aforesaid. If the Council finds
the violation did not exist or was justifible, the
notice of termination shall be cancelled and each
party shall proceed under the terms and conditions
of the contract. In the event either No. 8 or No. 10
should terminate this Agreement, the Broward County
Fire Commission shall conduct a hearing at City Hall
in the City of Tamarac, to determine the truth or
falsity of the alleged violation and the City shall
have an opportunity to present a defense. If the
Commission find the violation existed, the contract
may be terminated as aforesaid. If the Commission
finds the violation did not exist or is justifible,
said notice of termination shall be cancelled and each
party shall proceed under the terms and conditions of
the contract. If the said contract is terminated, the
Fire Department terminated shall return, within fifteen
(15) days, the pro-rata portion of the monies paid by
the City to the Fire Department; to wit, the unused por-
tion of funds on a per diem basis from the day of term-
ination to the 15th day of April, 1970. Notice shall be
sent to the parties at the following addresses:
City of Tamarac Bailey Road Volunteer
5200 Rock Island Road Fire Department, Inc.
Fort Lauderdale, Florida 2100 S. State Road #7
33313 Pompano Beach, Florida
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North Andrews Volunteer Fire Department, Inc.
4721 N. W. 9th Avenue
Fort Lauderdale, Florida
Broward County Fire Commission
770 S. W. 12th Avenue
Pompano Beach, Florida
12. In executing this fire protection agreement,
Broward County Fire Control Commission under the powers
granted to it by Public Law 2768, effective July 3, 1969,
hereby approves and consents to the execution of this
Agreement by No. 8 and No. 10 and does herewith agree
not to require either No. 8 or No. 10 to take any action
contrary to the terms and conditions of this Agreement.
IN WITNESS WHEREOF the parties hereto have set
their hands and seals this 24th day of September,
A.D., 1969.
ATTEST:
City Clerk
ATTESST
Secretary
CITY OF TAMARAC
By,
-"Vice Mayor
BAILEY ROAD VOLUNTEER FIRE
DEPARTMENT, INC., SUB -DISTRICT
NO. 8, a Florida corporation
y' -
Pre ident
Chief
ATTEST: r
SVett�#
Secretaat+
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NORTH ANDREWS VOLUNTEER FIRE
DEPARTMENT, INC., SUB -DISTRICT
NO. 10, a Florida corporation
By: Jw -
presi '
By
G
of
BROWARD COUNTY FIRE CONTROL
COMMISSION
By: �� ` C ✓1
Chairman
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