HomeMy WebLinkAboutCity of Tamarac Resolution R-72-042RESOLUTION
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CITY OF TAMARA.C, FLORIDA
RESOLUTION NO. r
A RESOLUTION AWARDING A CONTRACT FOR FIRE PROTECTION
TO SUBDISTRICT 10 OF THE BROWARD COUNTY FIRE CONTROL
COMMISSION.
WHEREAS, the existing fire protection agreement with Subdistrict
No. 10 of the BROWARD COUNTY FIRE CONTROL COMMISSION expired on
April 14, 1972 and,
WHEREAS, the City Council is desirous of entering into a new
agreement in order to insure the continuation of fire protection
for the residents of that part of the City of Tamarac serviced
by said department for the next ensueing year beginning April 15, 1972,
and,
WHEREAS, the rates to be charged have been approved by the
voters of the sub -distract and the sub -district is not permitted
to charge the City at lower rates,
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE City of
Tamarac, Florida:
SECTION l: That the Mayor and City. Manager be and they are
hereby authorized to enter into an agreement for fire protection
with.Subdistrict No. 10, of the Broward County Fire Control
Commission, a copy of which is attached hereto.
PASSED, ADOPTED AND APPROVED this 1 day of f
1972.
ATTEST:
I HERERY , that I hate
approved thy: *' ;, &, .1 cc,rrecness
Of this __.... RESOLUTION
RECORD OF COUNCIL VOTE
Mayor 10ci°rnan
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Vice M<a 'ji,
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FIRE PROTECTION AGREEMENT
THIS AGR� made and entered into this %S day of April,
1972, by and between THE Cx'1'X' OF TAMARAC, a municipal corporation,
hereinafter referred to as "Tamarac" or "City", and Subdistrict #10
of the BRQWARD COUNTY FIRE CONTROL COMMISSION, hereinafter referred
to as "Fire Department".
W I T N E S S E T H:
WHEREAS, Fire Department is a volunteer fire department
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. The terns of this Agreement shall be for a period of one
(1) year, ccmuencing on the 15th day of April, 1972, through the
14th day of April, 1973, this Agreement being retroactive to that
date.
2. The parties acknowledge and fully understand that this
contract shall apply only to those sections of the "City" that are
currently protected by the Broward County Fire Control District,
and that the Fire Department shall extend fire coverage and
protection to only those particular areas of the City.
3. The Fire Department shall provide fire protection service
on a twenty-four (24) hour, seven (7) day per week, first or
second call basis during the term of this Agreement. The Fire
Department shall be on a first call basis for all property located
within the area protected by the Broward County Fire Control
District except as denoted hereinafter in this paragraph. Provided,
however, the Fire Department shall not 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 purpose of this Agreement, "first call" shall mean
primary responsibility to reply and respond when called or otherwise
needed, it being expressly recognized that the Fire Department
has other responsibilities both within and without its Subdistrict
and that if equipment has been dispatched elsewhere that'it cannot
respond to a call within the City. Additionally, it is acknowledged
by the parties that although the Fire Department's.obligation to the
City is on a first call basis, if the Fire Department services are
needed in an unincorporated area of the fire district, the City shall
be thereupon placed on a second call status.
4. Tamarac agrees that payments to the Fire Deft
for its services to the City of Tamarac under the terms of this
Agreement shall be made on the following basis:
(a) Five and 00/100 ($5.00) Dollars for each single
family residence.
(b) Duplexes and other apartments at the rate of
Five and 00/100 ($5.00) Dollars per unit.
(c) Acerage at the rate of Twenty Cents (.200 per
acre.
(d) One and 00/100 ($1.00) Dollar for each platted
vacant lot.
(e) commercial establishments in accordance with the
following schedule:
SQUARE FOOT FLOOR AREA CHARGE
1-999 square feet $25.00
1,000-1,999 square feet $38.00
2,000-2,999 square feet $50.00
3,000-3,999 square
feet
$61.00
4,000-4,999 square
feet
$70.00
5,000-5,999 square
feet
$78.00
6,000-6,999 square
feet
$85.00
7,000-7,999 square
feet
$91.00
8,000-8,999 square
feet
$96.00
9,000-10,000 square
feet
$100.00
Tamarac further agrees that as lots are improved and certificates
of occupancy have been issued, they shall pay immediately to the
Fire Department the applicable fee pursuant to the aforesaid
schedule.
5. The parties agree that Tamarac shall pay quarterly in advance to
the Fire Department as hereinafter provided for those monies
Pursuant to the aforementioned schedule. The failure of the City
to collect said monies shall have no effect whatsoever on the
City's obligation to remit payment for each and every parcel of
land within the area.
6. The Fire Department shall only be entitled to receive
monies for properties in that area lying east of Northwest 31st
Avenue (also known as Debloise Road).
7. Fire coverage and fire protection as set forth in this
Agreement shah, mean and include services to any areas east of the
center line of Northwest 31st Avenue currently with 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 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.
S. Fire Department agrees to protect and indemnify the City
frcm 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 $25,000.00 for property damage.
Fire Department further agrees to irAemni.fy and save harmless
the City fram 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 whosoever during or on account of activities
of Fire Department, its agents, mmibers or employees within the City,
or on a call to private fire service or protection 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 obligations under this Agreement.
10. The City grants to Fire Department the right and authority
to inspect buildings and outbuildings within the area served for
determining possible safety and fire violations in accordance with
accepted standards of same within the City. In this regard, the
Fire Department shall have the responsibility of testing the efficiency
of all fire hydrants within its district, at four (4) month intervals,
during the term of this Agreement. Any deficiency, however slight,
shall be ioediately 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 remit monies in accordance with the
terms of this Agreement. Tamarac may terminate this Agreement should
the Fire Department 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 reg7ested, and the -contract shall be terminated
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 the FireDepartment to
provide required service in a satisfactory manner then and in that
event within ten C10) 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 the Fire Department should seek to terminate this Agreement,
the Board of Directors of the Fire Department 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 monies paid by the City to the Fire Department
terminated: to -wit, the unused portion of funds on a per diem
basis frcan the day termination is affirmed and affected to the
l4th day of April, 1973.
12. For purposes of notification as might be required by
this Agreement, the parties addresses are as fn llows:
CITY OF TAMARAC Subdistrict #10
5200 Rock Island Road Broward County Fire Control Commission
Tamarac, Florida % North Andrews Volunteer Fire Dept.
33313 4721 Northwest Ninth Avenue
Fort Lauderdale, 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 created or established
to serve only the City of Tamarac. In the event of such
termination, Fire Department shall not be obligated to refund
to Tamarac any portion of the monies paid hereunder.
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
7�
hands and seals this /3� day of ,1972 .
CITY OF TAMARACr
MAYOR
Subdistrict #10
BROWARD COUNTY FIRE CONTROL COMMISSION
RESIDENT
ATTEST:
SECRET 4
HIE
APPROVAL OF CONTRACT
I HEREBY CERTIFY that the foregoing FIRE PROTECTION AGREEMENT
was approved by the BROWARD COUNTY FIRE CONTROL COMMISSION at
I.
a meeting held on the J8' day of 1972.
BROWARA COUNTY FIRE CONTROL COMMISSION
CHAIRMAN
ATTEST:
SECRETARY -TREASURER
I HEREBY CERTIFY that I have
approved the form and correctness
of this Agreement.
�r orney _.
Cl of Tamarac