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)
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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
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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
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$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
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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
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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.
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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
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ATTEST:
ecretary
ATTEST:
Secretary
BAILEY ROAD VOLUNTEER FIRE
DEPARTMENT, INC.
By
President
By
Chief
NORTH ANDREWS VOLUNTEER
FIRE DEPARTMENT, INC.
By
President
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