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
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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.
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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)
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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
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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:
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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
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