HomeMy WebLinkAboutCity of Tamarac Resolution R-74-0911
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. --
A RESOLUTION AWARDING A FIRE PROTECTION
CONTRACT TO THE CITY OF LAUDERHILL
WHEREAS, there has been no formal fire protection agree-
ment with the City of Lauderhill, and
WHEREAS, a proposed written contract for services has been
approved by the City Council of the City of Tamarac, a copy of
which is attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
TAMARAC, FLORIDA:
SECTION 1: That the Mayor and City Manager are hereby authorized
to enter into an agreement for fire protection with the City
of Lauderhill, a copy of which is attached hereto and made a
part hereof.
SECTION 2: All resolutions in conflict herewith are hereby repealed.
PASSED, ADOPTED AND APPROVED this C4
X, day of November, 1974.
ATTEST:
I CLERK
I HEREBY CERTIFY that I
have approved the form and
correctness of this
RF..R(1T.TTTT(lN
Y ATTORNEY
MAYOR
RECORD OF COUNCIL. VOTE
M • D.1OFl1VSM . i a-L
VM - 0. TOCKFR ,el
C E. LAO
C H. MASSA90
CIM M. GLIM MAN 114,,s-l.
e
AGREEMENT
75- 52302
THIS AGREEMENT made this day of
VQ, 1974; by and between THE CITY
OF LAUDERHILL, a Florida municipal corporation,
hereinafter referred to as "Lauderhill" and the
City of Tamarac, a Florida municipal corporation,
hereinafter referred to as "Tamarac".
W I T N E S S E T H:
WHEREAS, Tamarac, a Florida municipal corp-
oration located in Broward County, North of the
City of Lauderhill desires to obtain the services
of the Fire Department of Lauderhill; and
WHEREAS, Lauderhill is desirous of extending
the services of its Fire Department to Tamarac
under the terms of an Agreement which will clearly
provide that the primary responsibility of the
Fire Department of Lauderhill is to serve the
residents of the City of Lauderhill and to afford
protection for life and property within the City
of Lauderhill; and
WHEREAS, Lauderhill finds no existing decision
which would appear to preclude the entry by Lauderhill
and Tamarac into the provisions of this Agreement.
However, it is understood by and between Tamarac and
Lauderhill that Lauderhill will submit this Agreement
to the Office of the Attorney General of the State
Mo
m-n
nn•
N
of Florida for the purpose of obtaining an opinion
of the Office of the Attorney General of the State
of Florida as to the validity of this Agreement.
NOW, THEREFORE, in consideration of the mutual
covenants herein contained, the parties agree as
follows:
1. The term of this Agreement shall be for a
period of one (1) year commencing on the above date.
It being understood by and between the parties,
however, that in the event the Office of the Attorney
General of the State of Florida shall render an
opinion regarding the validity of this contract or
regarding the legal propriety of Lauderhill's entry
into this contract for the provision of fire service
to Tamarac which either indicates that this contract
is not legally valid or that this contract constitutes
an act beyond the powers granted to the City of
Lauderhill by its Charter, then and in either event
this contract shall terminate upon the date of the
receipt of such an opinion by Lauderhill.
2. It is understood and agreed by and between
Tamarac and Lauderhill that the Fire Protection
Service and all other services to be provided by
Lauderhill to Tamarac under the terms of this
Agreement shall be provided only on a "second call"
;status. It being fully understood by and between mC
O'n
the parties that the City of Lauderhill has the �
primary obligation to provide fire protection and
a
c)
m
GYJ
(2) ea
i
L
the other services enumerated in this contract to
the City of Lauderhill and that the City of Lauderhill
shall at all times have "first call" upon the equip -
went and manpower of the Fare Department of the Ci,ty
of Lauderhill for the provision of services to
Lauderhill.
3. Lauderhill shall provide fire protection
services to Tamarac when and if Lauderhill manpower
and equipment is available on a twenty-four (24) hour,
seven (7) day per week basis during the term of this
Agreement.
4. The area within Lauderhill, hereby agrees to
provide fire protection service under the terms of
this Agreement shall include all those areas of the
corporate limits in the City of Tamarac west of
State Road 7 (U.S. 441), and lying between the North
and South City limits thereof.
5. The City of Tamarac may cancel the portion
of this Agreement providing for fare protection
service in that area of the City of Tamarac lying
West of State Road #7 and East of the Sunshine State
Parkway between the South and North City Limits of
the City of Tamarac upon fifteen (15) days written.
notice to Lauderhill and in the event of such termin-
ation, Lauderhill shall refund to Tamarac the pro --
rated portion of the monies paid by Tamarac to
Lauderhill from the date of termination to April 1,
1975.
(3)
MO
n-n
6. The remainder of this Agreement may be
cancelled by Tamarac upon sixty (60) days written
notice to Lauderhill. In the event of such termin-
ation, Lauderhill shall not be obligated to refund
to Tamarac any portion of the monies paid hereunder.
7. Tamarac agrees that payments to Lauderhill
for its services to 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 family residence.
(b) Duplexes and other apartments at the rate
of Five and 00/100 Dollars ($5.00) per unit.
(c) Acreage at the rate of Twenty Cents ($.20)
per acre.
(d) One and 00/100 Dollars ($1.00) 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 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 m0
c-�-n
7,000 - 7,999 square feet 91.00
8,000 -- 8,999 square feet 96.00 C."
-D
9,000 - 10,000 square feet 100.00 n
m
-.a
vD
(4) �
The parties agree that computations with regard
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 15, such
computations to be the basis for payment of fees
for the following quarter.
8. 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
Lauderhill those monies owing to Lauderhill for
fire protection service pursuant to the aforementioned
schedule and computation formula.
9. Fire protection as described in this
Agreement shall include the extinquishing of fares
and such rescue operations as are within the capability
of the Fire Department to render and such fare pro-
tection service shall be furnished upon the call of
any official of the City of Tamarac.
10. Lauderhill agrees to provide insurance for
the operation of its Fire Department within the City
of Tamarac for the purpose of indemnifying Lauderhill
and Tamarac from any claim arising out of the operation
of Lauderhill's Fire Department within the City Limits
of the City of Tamarac in an amount of One Hundred
Thousand and
00/100 ($100,000.00)
Dollars for one (1)
person and Three
Hundred Thousand
and 00/100
m0
-
c,)'n
($300,000.00)
Dollars for two (2)
or more persons and
Qa
in the amount
of Twenty Five Thousand
and 00/100
erg
a
($25,000.00)
Dollarsfor property
damage, together with
v
0
m
CGS
(5)
1
11
1-
a blanket insurance policy in the amount of One Million
and 00/100 Dollars ($1,000,000.00), said coverage to
cover any claims in excess of those policy limits
set forth in this paragraph. Tamarac does further
agree to indemnify and save harmless Lauderhill from
all suits or actions of every name and description
brought against Lauderhill for or on account of any
injuries whatsoever suffered by any person during or
on account of activities of Lauderhill, its agents,
servants or employees so long as said agents,
servants, or employees are acting within the scope
of their authority, and are exercising ordinary care
in the exercise of their duties within the City Limits
of the City of Tamarac in the event that such claim,
judgment or settlement shall exceed the aforesaid
insurance policy limits.
11. Tamarac agrees that Lauderhill shall not
be charged any fee for the use of fire hydrants
located within the City Limits of the City of Tamarac
or for the consumption of water in the performance
of any of its obligations under this Agreement.
12. Tamarac grants to Lauderhill the full right
and authority to enter upon any building or property
within the area to be served in accordance with the
terms of this Agreement within the City Limits of
the City of Tamarac for the purpose of inspection
and for the purpose of providing any of the services mIn
0-M
described in the terms of this Agreement, va
I -
13. Tamarac agrees to provide adequate police
protection for the operation of the Fire Department
of the City of Lauderhill within the City Limits of
the City of Tamarac including but not limited to
adequate traffic and crowd control and adequate
protection of the employees or members of the Fire
Department of the City of Lauderhill.. The City of
Tamarac shall not have to be liable for any injury
or property damage sustained by Lauderhill, its
agents, servants or employees except through the
negligence or carelessness of Tamarac.
14. Lauderhill shall have the right to test
the efficiency of all fire hydrants within the area
of the City of Tamarac covered by the provisions of
this Agreement upon notice to the City Manager of
the City of Tamarac and Lauderhill shall report any
deficiencies to the City Manager of the City of
Tamarac in writing. However, Lauderhill shall not
be responsible for any loss, to person or property
caused by any water pressure failure or other failure
within the water distribution system of the City of
Tamarac.
15. Lauderhill acknowledges to Tamarac that
it presently participates in mutual aid pacts with
the various surrounding cities in the Northwest
Broward area, and Lauderhill does, accordingly,
MO
mm
covenant to Tamarac that it will use its best efforts n-n
cry
to summon the services of those fire departments
G
n
(7) M
dovered under said mutual aid pact, in the event that
Lauderhill cannot adequately cover a request for fire
protection services pursuant to this Agreement.
16. For the purpose of notification as may be
required by this Agreement, the parties' addresses
are as follows:
CITY OF TAMARAC CITY OF LAUDERHILL
5200 Rock Island Road Lauderhill Fire Department
Tamarac, Florida 33319 Lauderhill, Florida 33313
17. This Agreement shall inure to the benefit
of and be binding upon the parties hereto, their
successors and assigns.
IN WITNESS WHEREOF, the parties hereto have
hereunto set their hands and seals this day
19
of —�& P& , 1974
ATTEST:
of� this AGREEMENT.
�r RECORUD it THE OFFICIAL RECORD 600
f OF HROWARD COUNTY. FLORIDA
R. R. KAUTH
COUNTY ADMINISTRATOR
i
•
1