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HomeMy WebLinkAboutCity of Tamarac Resolution R-71-028P� CITY OF TAMARAC, FLORIDA RESOLUTION # 11-29 WHEREAS, by Resolution #71-25, the City Council approved the execution of a certain contract in order to provide fire pro- tection for the City of Tamarac beginning with the 15th day of April, 1971, and WHEREAS, since the passage of said Resolution circumstances have created the necessity of amending the contract which was the subject matter of that Resolution, and WHEREAS, the City Council is now desirous of passing a resolution amending Resolution #71-25 and approving the fire protection contract as it has been amended. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE City of Tamarac, Florida: That Resolution #71-25 is hereby amended to the extent that that agreement, 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 Resolution #71-25 in all other respects other than the approval of this amended agreement as hereinabove referred to is left in tact and full force and effect. 1971. PASSED, ADOPTED AND APPROVED, this t�f{ day of MAYOR FIRE PROTECTION AGREEMENT THIS AGREEMENT made and entered into this day off 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., and BAILEY ROAD VOLUNTEER FIRE DEPARTMENT, INC., hereinafter referred to individually as "Andrews" and"Bailey; 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, 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 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 Bailey, and the City of Tamarac and Andrews. Any breach, conflict or dispute by either Bailey or Andrews with the City, shall not affect the terms and conditions of this Agree- ment as it affects the remaining portions of this Agreement,as to Bailey or Andrews, that are 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. Bailey and Andrews 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. Andrews shall be on a first call basis for all property located within the area of the City of Tamarac lying east of N. W. 31st Avenue (also known as Debloise Road) I and Bailey shall be on a first call basis for all other property within the City of Tamarac, including all property which may sub- sequently be annexed to the City. Provided, however, both Bailey and Andrews 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. For purposes of this Agreement "first call" shall mean primary responsibility to reply and respond when called or otherwise needed. 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 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 (50t) per platted vacant lot; (d) Ten Cents (10�) 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 Bailey and Andrews as hereinafter provided for, those monies collected pursuant to the aforementioned schedule and further that Fire Department shall be responsible to provide protection throughout the City of Tamarac notwithstanding failure of the City of Tamarac to remit payment for each and every parcel of land within 2 - the City. Tamarac may include in its billings to individual land owners a charge for the cost of administration, and said charge, if any, shall not be remitted to Fire Department. 6. Andrews shall only be entitled to receive monies collected from that area lying east of N. W. 31st Avenue (also known as Debloise Road) and Bailey 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 annexa- tion 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 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 service 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 indemnify 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 municipality, and to further protect the City by securing public liability insurance upon 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 3 - $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 Department, its agents, members or employees within the City, or enroute to the City, or on a call to private fire service or pro- tection 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 performance of any of its obli- gations under this Agreement. 10. The City grants to 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 in accordance with accepted standards of same within the City. In this regard, both Bailey and Andrews shall have the responsibility of testing the efficiency of all fire hydrants within their respective districts, at four (4) month intervals, during the term of this I 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 bill and remit monies collected in accordance with the terms of this Agreement. Tamarac may terminate this Agreement should Bailey or Andrews 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 - 4 - 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 Bailey or Andrews 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 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 this Agreement. In the event either Bailey or Andrews should seek to terminate this Agreement, the Board of Directors of the Fire Department involved (either Andrews or Bailey) 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 contemplated 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 terminated shall return, within fifteen (15) days, the pro-rata portion of the mgnies paid by the City to the Fire Department termin- ated; to -wit, the unused portion of funds on a per diem basis from,the day termination is affirmed and affected to the 14th day of April, 1972. - 5 - F 12. For purposes of notification as might be required by this agreement the parties' addresses are as follows: 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, I.nc. 2100 S. State Road No. 7 Pompano Beach, 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 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, Fire Department shall refund to Tamarac the unused portion of the monies paid hereunder on a prorata per diem basis. 14. The parties agree that Tamarac may test the ability of Bailey and Andrews 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 Bailey or Andrews, 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. 15. This Agreement shall inure to the benefit and be binding upon the parties hereto, their heirs and assigns. IN WITNESS WHEREOF the pay�rties hereto have set their hands and seals this 1r34}x day of AP2i t— , 1971. CITY OF TAMARAC :J ATTEST: Y By-�= MAYOR CITY MAN A TE R - 6 - ATTEST: ecretary ATTEST: Secretary BAILEY ROAD VOLUNTEER FIRE DEPARTMENT, INC. By President By Chief NORTH ANDREWS VOLUNTEER FIRE DEPARTMENT, INC. By President 7 - e