HomeMy WebLinkAboutCity of Tamarac Resolution R-1974-0331
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was
introduced by
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3 8 3 Q CITY OF TAMARAC , FLORIDA
RESOLUTION NO. -� 3
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, 1974, 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 ensuing
year beginning April 15, 1974, and,
WHEREAS, the rates to be charged have been approved
by the voters of the subdistrict and the subdistrict is not
permitted to charge the City at lower rates,
NOW, THEREFORE, B E IT RESOLVED BY THE COUNCIL OF
THE CITY OF TAMARAC, FLORIDA:
SECTION 1: That the Mayor and the 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 day of
1974.
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Attest:
P�C T LERK.
I HEREBY CERTIFY that I have
approved the form and
correctness of this Resolution
f" XO
�'Tn'n
RECORD OF COUNCIL VOTE °
Mayor Johnson 4:4=:e�
Vice Mayor Tucker
C/W. Lange
C/W. Massaro 14,,e.
C/M Glicksman
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FIR: PROTECTION ACR2_;q2NT
THIS AGMEM-ENT made ar:d entered into this 14-tb day or 4ril,
3974, by and 'betlWeen °i'H.E CITY OF TA' 'IMRAC, a munic pay cor-'Oration, ::4.ra-
naf er ? aferred to art :"'7'mn,&raclo or "City" ard S1.`b.^.ig-t!r`i_ct ;10 of t:h4
ERCivA ;:Cis"kh"?`Y Fib CO?'?'RC31 CO?.L%iTS3ZO\i, !',arGin :ftor roeorroh to "F'ira
Dapartment" .
eta 1 T N R S 5 it T M:
�w ?ERE-5.5, Fire Depart Srit is a vol".,'..nre, r iiro &arC e.r1:mant a stab -4 -
shed in the unincorporated portion of Broward Cou.�tty, Florida, bordering
and adjacent to the City of Tamarac, and
WHEREAS, Fire Depa.rtrX-nt is desirous of aXta;ldzrag lira ooV6;r. qr.
and protection to Tamarac, and
WgERF,AS, the Comnoil of the City of Tamarac dee.saa JZ an tha
best interest, of the City to -sake provision: to hAVG rise Departm6nt p=o-
VidE the necessary Fire coverage and protection.
NOW, THEREFORE, in considaration of he mutual caovgnantax hb=iA
contained, the parties agree as foiirws=
I. M'ne worm Of this 49r:ea3mnt Shall bo eor a ,4rwod of ora (1)
year, COMercina on the l5th day of April., w974, throe&. tha I.4t:h day off'
3-pril, 1976, this Agrezrq3nt feting retroactive to that cat6.
?. The parties ackrotiq'l.edga a.ad f,,iI y aawd6rawar,@ teat to:im �.:-
tract shall apply only to those section8 of t3:as 'a,`ity" t:^.at a:as ^r r::?v
protected by the Broward County Fire udnt rol Di.St 'ict, and tl:zt t4:-s Am
,Departmnt skull extend fire coverage 4nd pj-otectl on to mly ,�hcr..a �art-
icular areas of the City:.
3. '111-e f'.L
re Depart _ t. Shall Provide tins ptoteatlar. marvllo4
on a twenty-four (34) ho-ar, , aevar (!) drat/ -)Or W&bk , fi rat, tar z aconia cat;,.
basis during tha terra of this Agreement. The Fire Depar stint shall ba
on a first call basis .for all property located w j - in the arae protccto d
by the Broward County Fire Control Dist,rlct axcapt, as de notad hozrQ!r.z6 tQr PQ
in this paragraiph. Provided, however, the Fire Departmont a::.,.11 not- lea .� ;..
responsible on a City-e.,ida basis, for flee protoction, z a;,d r"ponsi.1oil ty
being 3i.ndted to bads --up, if na6ded, in any area of that city whaargin ytc �w
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 responsib-
ilities 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 Department 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 Dollars ($5.00) for each single
aad:lY residence.
(b) Duplexes and other apartments at the rate of Five and
00/100 Dollars ($5.00) per unit.
(c) Acreage at the rate pf Twenty Cents ( $ . 20) per acre.
(d) one and 00/100 Dollar ($1.00) for'each platted vacant
lot.
(e) Comtiercial 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-
u
10,000
square
feet
100.00
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The parties agree that computations with regards to constructions
as evidenced by issuance of certificate of occupancy, and platted lots as
evidenced by recorded plats, will be made as of April 15, July 15, October
15 and January 15th, such computations to be the basis for payment of fees
for the following quarter.
5. The parties agree that Tamarac shall pay quarterly in advance,
not later than the last day of the month in which the quarter begins, to
the Fire Department as hereinafter provided for those monies pursuant to
the aforementioned schedule and computation formula.
6. The Fire Department shall only be entitled to receive moneyo
for properties in that area lying East of Northwest 3.1st Avenue (also
known as Debloise Road) .
7. Fire coverage and fare protection as set forth in this Agree-
ment shall mean and include services to any areas East of the center line
of Northwest 31st Avenue 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 Fire Depai:tment. Said
service shall include the extinguishment of fires and such rescue oper-
ations as are within the capability of Fire Department to render, and such
other emergency services as Eire 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.
A. 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 Citya named insured thereon and to m'n
pay the premiums thereon in n1�1
O `n
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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Fire Department further agrees to indemnify and save harnUess
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 De-
partment, its agents, members 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 deter-
mining possible safety and fire violations in accordance with accepted stand-
ards 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 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 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.
Tamarac may terminate this Agreement should the Fire Department fail to
provide the service required under the terms of this Agreement in a satis-
factory 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 (10th) 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 Fire Department 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
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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 al-
leged 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 shall return, within fifteen
(15) days the prorata portion of the monies paid by the City to the Fire
Department terminated: t6-wit, the unused portion of funds on a per diem
basis from the day termination is affirmed and effected to the 14th day of
April, 1974.
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
Tamarac, Fla. 33313
Subdistrict #10
Broward County Fire Control Commission
c/o North Andrews volunteer Fire Department
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.
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14. This Agreement shall inure to the benefit of and be binding
upon the parties hereto, their heirs and assigns.
IN WITNESS WHEREOF, -the parties reto have set their hands and
seals this i >'� day of , 1974.
CIT OF TAMARAC
BY
ATTEST: oe= -"
Ct g City Manager��
SUBDISTRICT #10
BROWARD COUNTY FIRE CONTROL COMMISSION
BY
President
ATTEST
64
Chief
S retary
i
APPROVAL OF CONTRACT
I HEREBY CERTIFY that the foregoing Fire Protection Agreement was
approved by the Braward'County Fire Control Commission at a meeting held on
the /' day of 1974.
ATTEST:
I ,
1 5ecre ry-•Treasurer
I HEREBY CERTIFY that I have
approved the form and correctness'
of this Agreement.
City Attorn*
City Of Talna.P
rac
BROWARD COUNTY F -CONT OL COMMISSION
BY—
Ch ai riian
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