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HomeMy WebLinkAboutCity of Tamarac Resolution R-1975-061ThIs Resolution was introduced by SIOC. �, CITY OF TAMARAC, FLORIDA RESOLUTION NO. 7,5— A RESOLUTION AWARDING A CONTRACT FOR FIRE PROTECTION TO SUBDISTRICT 10 OF THE BROWARD COUNTY FIRE CONTROL COMMISSION. 75-142630 WHEREAS, the existing fire protection agreement with Subdistrict No. 10 of the Broward County Fire Control Commission expired on April 14, 1975 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, 1975, 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, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the Mayor and the City Manager be and they 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 1975. 12Lr— ATTEST: 19 I HEREBY CERTIFY that I have approved the form and correQtness of this Resolution. CITY ATTORNEY RECORD OF COUNCIL VOTE i MAYOR - D. JOHNSON V / M - E. LANGE C / W - H. MASSARO C / M - 0. TUCKER C / M - M. GLiCKSMAN I� r III FIRE PP,OTECTION AGREE`4_PNT +CRE�MR�TT made anO, entered into this :9'�th day of May. r 1975 b, an."' b-�t;,;een THE CI-L' O TA'•_4t�",C, a r:: -�Lc xpal corporation, here- ina`ter referred to as "Tamarac" or "City", and .Subdistrict -010 of the C.O"Y :TY FIRE CONTROL, CO 2111SSION, hare' inafter referred to as "F.Lre Den rtment'. W 1 T H E S S E T H: VrHERE'AS, Fire Department is a volunteer fire department establi- shed 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, a.1d VFHER.EAS, the Council of the City of Tamarac deems it in the bast interest of the City to make provision to have fire Department pro- vide the necessary fire coverage and protection. NO",4, 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) yewr, CO=.enci.ng on the 15th day of April, 1975, through the 14th day of F,pril, 1976, this Agreement being retroactive to that date. 2. The parties acknowledge and fully understand that this con- tract shall apply only to those sections of the "City" that are currently Protected by the Broward County Fire Contra-11D�strict, and that the Fire Daoartm int shall extend fire coverage .F_0� protection to on.l.y those part- is--lar 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 bas-s dur-".ng the term of this Agreement. The Fare Department shall be �00 m7 on a first ca11 basis for all property located within the area protected C� by the 3rc.: and Co t.Ity Fire Control District except a:; denoted tier in fter 1 tnls paragraph, Provided, hoclever, the Fire Department shall' :tot be b 0 re.s:� �sibla on a City-wicia btsiss for fire protection, said responsibility m limiter: to back --up, if needed, in any area of the City where.i-,i its Z� Oa res o ,ibility is not primary. 1 Fof. purpose of this Agreement, "first call" shall re an primary to repl?r•ana-respon;Z caller: or otrerwis_' needed, :it b^ing express.l.y -recognized .that the Fire Department has other responsib- ilities both s•:ithin and without its Subdistrict 'and that if equipment has been dispatched else,-rhere 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 an 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 family residence. (b) Duplexes and other apartments at the rate of Five and 00/100 Dollars ($5.00) per unit. (c) Acreage at the rate pf. Twenty Cents ($_20) per acre_ (d) One and 00/100 Dollar ($1.00) for'each platted vacant lot. (e) Commercial establishments in accordance with the following schedule: SQ 2,RE FOOT FLOOR AREA 1 - 999 square feet 1,000 - 1,999 square feat 2,000 2,999 square feet 3,000 3,999 square feet 4,000 - 4,999 square feet 5,000 - 5,999 square feet 6,000 - 6,999 square feet 7 , 0010 - 7,999 square feet 8,000 - 8,999 square feet 9,000_ 1.0,000 square feet W—MM N $ 25.00 38.00 50.00 61.00 70.00 78.00 85.00 91.00 96.00 100.00 DOM 1 The parties agree that computations with regards to constructions as evidonced. by issuance of certificate of occupancy, and platted lots as ulJ I5 , October 15 and January 15th, such c,vmputations to be the'basis for paymer_t 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 moneys 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 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 Department_ Said service shall, include the extinguishment of fires and such rescue, oper- ations as are within the capability of Fire Department to render, andsuch other emergency services as Fare 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 D partment 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 X0 M -n insurance upon Fire Departmont, its agents, menioers or employees, and to P .-n C15 mane the City a na:aed insured thereon and to pay the pre zizms t;,ereoa in CSC an ar..ount sufficient to protect against damages claimed to the extent of C7'a $100,000.00 for one person ana $300,000.00 for two or more persons, and in m the u�-ount of $23,000.00 for property damage_ � _3_ Fire Department further agrees to indemnify and save harxitless the city from all suits or actions of every name and description. brought iol� ai C;n aC:C:OLI.rt of c"?i"!�' '_"'���_ 1 .C:'� :;rlc't C7�'�'G� SLt=i:c':CryCa by anv person whomsoever during or on account of -.activities of Fire De- arta:.ent, its agents, m ,hers or employees within the City, or on a to nrivate 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 consumction of water in the performance of any of its obligations under this Agreer._ent. 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 zailure of the City to remit monies in accordance with the terms of this Agreemr nt. 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 pro..ride the service required un&r the terms of this Agreement in a satis- factory manner, To effectively termin,.fethe provisions of this contract, the party seeking to terminate shall give ten (10) days notice to the other psrt'T, in writing, specifying the alleged violations, registered mail, ret= reccipt requested, and the contract shall be terminated at the of the tenth (10th) day exclusive of the day the notice is rec w-•✓eu by the recipient. In the event the City seeks to terminate this n.'" ---., -. for failure of the Fire D_. �partrrent to provide required... service T�9 Cn in a --v.ti.sfactory manner then and in that event, within ten (10) days after the nc: tics- referred to above, the City shall conduct a hearing to determine m W -4 - f,.y A the truth or falsity of the alleged violation and the alleged violator shall. h=;.a an opportunity to"he ares'ent and to present a defense_ If the Council finds the violation existed,the contract shall be terminated_ If the Council f.inc3s 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 t_iis 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 nay 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 termunated 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 terry 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 prorates portion of the r-onies paid by the City to the. Fire Departm: ant te--unated: to -wit, the unused portion of funds on a -per diem basis from the day termination is affirmed and effected to the Lath day of Ap r.i l , 1975. 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 Co. -,,mission c/o North Andrews Volunteer Fire Department 4721 Northwest Minth Avenuti Fort Lauderdale, Florida 13. The parties further agree that Tamarac may cancel - this �© Ag c-e--tent upon sixty (60) days notice should it decide•,_ica:•create Qa its o•;:_h fire department croated or established to serve only the City of � Tav-,a_-ac. In the event of such termination, Fire Department shall not be A cy a�ali at—ed to refund to Tamarac any portion of the monies paid hereunder. m Z11' ti9 -5 - IJ 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 hereto have set their hands and seals this __ZS day of,1975. ATTEST: ATTEST: C) s" SUBDISTRICT #10 BRO RE CON PRESIDE CHIEF C- r n APPROVAL OF CONTRACT I HEREBY CERTIFY that the foregoing Fire Protection Agreement was approved by the Broward County Fire Control Commission at a meeting held on the Cday of � 1975 . ATTEST: � �V'14�1 Secreta -Treasurer I HEREBY CERTIFY that I have approved the form and correct ess of thisAgreement. CITY ATTORNEY----' CITY OF TAMARAC BROWARD BY RECORDED OF ,,ATLJ� COMMISSION Xo