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HomeMy WebLinkAboutCity of Tamarac Resolution R-71-025CITY OF TAMARAC, FLORIDA RESOLUTION # WHEREAS, the existing fire protection agreement with the Bailey Road Volunteer Fire Department, Inc., and the North Andrews Volunteer Fire Department, Inc., shall expire on the 14th day of April, 1971, and WHEREAS, the City Council is desirouscf entering into a new agreement in order to insure that there will be fire protection for the residents of the City of Tamarac for the next ensuing year beginning April 15, 1971. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE City of Tamarac, Florida: That the agreement between the City of Tamarac and the volunteer fire departments as hereinabove referred to, a copy of which is attached hereto, for the purpose of providing fire protection for the residents of the City of Tamarac is hereby approved and the Mayor and City Manager -Clerk are hereby authorized to execute same.. That the City Manager is hereby authorized to bill the owners of property within the City of Tamarac pursuant to the terms of that agreement as hereinabove referred to and further that the City Manager is authorized to add to each bill for each parcel of land the sum of 25�, said sum to be retained by the City of Tamarac for the purpose of defraying the cost of administration of this billing. V PASSED, ADOPTED AND APPROVED, this / �i day of , 1971. MAYOR ATTEST: CITY CLERK -MANAGER r f FIRE PROTECTION AGREEMENT THIS AGREEMENT made and entered into this day of 1971, by and between THE CITY OF TAMARAC, a Municipal corporation, hereinafter referred to as "TAMARAC" or "CITY and NORTH ANDREWS VOLUNTEER FIRE DEPARTMENT, INC., Subdistrict #10, and BAILEY ROAD VOLUNTEER FIRE DEPARTMENT, INC., Subdistrict #8, hereinafter referred to individually as "#10" and "W' , and hereinafter referred to collectively as "FIRE DEPARTMENT'° . W I T N E S S E T H: WHEREAS, FIRE DEPARTMENT are volunteer fire departments established in the unincorporated portion of Broward County, Florida, bordering and adjacent to the City of Tamarac, and WHEREAS, the FIRE DEPARTMENT is desirous of extending 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 the 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. That this Agreement shall be interpreted as separate agreements, should said interpretation be necessary, by and between the City of Tamarac and #8, and the City of Tamarac and #10. Any breach, conflict or dispute by either #8 or #10 with the CITY, shall not affect the terms and conditions of this Agreement as it affects the remainder of #8 -or #10 that is not in breach, conflict or dispute. 2. The term of this Agreement shall be for a period of one (1) year commencing on the 15th day of April 1971, through the 14th day of April 1972. 3. #8 and #10 shall provide fire protection service on a twenty-four (24) hour, seven (7) day per week, first call basis during the term of this Agreement. #10 shall be on a first call basis for all property located within the platted area of the City of Tamarac known as TAMARAC LAKES ONE and TWO and #8 shall be on a first call basis for all other property within the City of Tamarac, including all property which may subsequently be annexed to the CITY. Provided, however, both #8 and #10 shall 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. 4. TAMARAC agrees that it shall bill owners of property within the City of Tamarac within thirty (30) days of execution of this Agreement, for fire protection services to be provided by the FIRE DEPARTMENT, on the,following basis: (A) Three and 00/100 ($3.00) Dollars per lot for each platted, substantially improved lot; (B) Fifteen and 00/100 ($15.00) Dollars per business establishment; (C) Fifty Cents (.50¢) per platted vacant lot; (D) Ten Cents (.10t) per acre of unplatted property; (E) Three and 00/100 ($3.00) Dollars per apartment or condominium family unit. TAMARAC further agrees that as lots are improved and certificates of occupancy have been issued they shall bill that lot owner pursuant to the aforesaid schedule. 5. The parties agree that TAMARAC shall only be responsible to pay to the FIRE DEPARTMENT as hereinafter provided,-.__-- for, those monies collected pursuant to the aforementioned schedule and further that the FIRE DEPARTMENT shall be; responsible to provide protection throughout the City of Tamarac notwith- standing failure of the City of Tamarac to remit payment for each and every parcel of land within the CITY., TAMARAC may include IF41 in its billings to individual land owners a charge for the cost of administration and said charge, if any, shall not be remitted to the FIRE DEPARTMENT. 6. #10 shall only be entitled to receive monies collected from that area known as TAMARAC LAKES ONE and TWO and #8 shall be entitled to receive monies collected from all other areas of the City of Tamarac. 7. 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 No. 7 currently 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 official of the CITY, resident, businessman or any other individual who may observe 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 DEPARTMENT shall be the same service rendered by the FIRE DEPARTMENT in other areas within its service jurisdiction. 8. 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 or as a result of service to the municipality, and to further protect the CITY by securing public liability insurance upon the FIRE DEPARTMENT, its agents, members or employees, and to make the CITY a named insured thereon, and to pay the premiums thereon in an amount sufficient 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. -3- The FIRE DEPARTMENT further agrees to indemnify and save harmless the CITY from all suits or actions of every name and description brough 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 enroute to the CITY, or on a call to private fire service or protection to the CITY. 9. 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 performance of any of its obligations under this Agreement. 10. The CITY grants to the FIRE DEPARTMENT the right and authority to inspect the buildings and outbuildings within the municipal limits of the CITY for determining possible safety and fire violations in accordance with accepted standards of same within the CITY. In this regard, both #8 and #10 shall have the responsibility, in their respective districts, of testing the efficiency of all fire hydrants within their respective districts, at four (4) month intervals, during the term of this Agreement. Any deficiency, however slight, shall be immediately reported, in writing, to the City Administrator of the City of Tamarac and the Broward County Fire Control Commission. 11. This contract may only be terminated by the FIRE DEPARTMENT for the failure of the CITY to bill and remit monies collected in accordance with the terms of this Agreement. TAMARAC may terminate this Agreement should #8 or #10 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 requested, and the contract shall be terminated at the expiration of the tenth (loth) -4- P, City of Tamarac 5200 Rock Island Road Fort Lauderdale, Florida 33313 North Andrews Volunteer Fire Department, Inc. 4721 N. W. 9th Avenue Fort Lauderdale, Florida Bailey Road Volunteer Fire Department, Inc. 2100 S. State Road No. 7 Pompano Beach, Florida 12. 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 or should it decide to engage and support a volunteer fire department created or established to serve only the City of Tamarac. In the event of such termination the FIRE DEPARTMENT shall refund to TAMARAC the unused portion of the monies paid hereunder on a prorata per diem basis. 13. The parties agree that TAMARAC may test the ability of #8 and #10 to provide the services required under the terms of this Agreement, not more than one (1) time in any one (1) month, in the manner hereinafter provided for. The City Manager, or his designee, may, in conjunction with the Chief or an Officer then in charge of #8 or #10, test the subject FIRE DEPARTMENT by placing a call to the Department facilities and having a member of said Department respond to the test call. Said test and the response shall all be made and performed without violating any applicable traffic regulations. 14. This Agreement shall inure to the benefit and be binding upon the parties hereto, their heirs and assigns. IN WITNESS WHEREOF the parties hereto have set their hands and seals this day of ATTEST: City Clerk -6- CITY OF TAMARAC By: , 1971 . 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 #8 or #10 to give the required or satisfactory service, 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 and the Commission shall have an opportunity to be present and to present a defense. If the Council finds the violation existed, the contract shall be terminated. If the Council finds the violation did not exist or was justifiable, the notice of termination shall be cancelled and each party shall proceed under the terms and conditions of the contract. In the event either #8 or #10 should seek to terminate this Agreement, the Broward County Fire Control Commission 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 Commission finds the violation existed, the contract may be terminated as afore- said as soon as adequate fire protection is substituted for the fire protection contemplated in this Agreement. If the Broward County Fire Commission 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 affirmed, 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 portion of funds on a per diem basis from the day of termination is affirmed and affected to the 14th day of April, 1972. Notice shall be sent to the parties at the following addresses: -5- BAILEY ROAD VOLUNTEER FIRE DEPARTMENT, INC., SUB -DISTRICT NO. 8, a Florida corporation By: President ATTEST: By: Chief Secretary ATTEST: Secretary NORTH ANDREWS VOLUNTEER FIRE DEPARTMENT, INC., SUB -DISTRICT NO. 10, a Florida corporation F By: President By: Chief d►Al