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Home My WebLink AboutCity of Tamarac Resolution R-81-069Introduced by� Temp. #1885 1 2 3 4 5 8 9 10 11 1? 13 14 is 16 17 20 21 22 23 24 25 26 27 28 29 _0 12- 33 34 35 36 CITY OF TAMARAC, FLORIDA RESOLUTION 140. R- � A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH BROWARD COUNTY FOR THE SERVICES OF THE'BROWARD COUNTY FIRE PROTEC- TION DIVISION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the appropriate City officials are hereby authorized to execute an Agreement with Broward County for the services of the Broward County Fire Protection Division for the following portions of Tamarac for the specified time periods: a) 7/15/80 thru 9/30/80 - east of the centerline of N.W. 31 Avenue to the eastern boundary of the City. b) 10/1/80 thru 9/30/81 - Tamarac Lakes 1 and 2 Sections and adjacent convenience food store. A copy of said Agreement is attached hereto as Exhibit "A". Section 2: This resolution shall become effective upon adoption. PASSED, ADOPTED AND APPROVED this t, day of , 1981. 'MAY R ATTEST: SSISTANT CITY CLERK I HEREBY CERTIFY that I have approved ,the form and correct. ness of this RESOLUTION. Al A CITY ATTORNEY RECORD OF COUNCIL VOTE MAYOR: DISTRICT DISTRICT DISTRICT DISTRICT A G R E E M E N T Between BROWARD COUNTY and THE CITY OF TAMARAC for FIRE PROTECTION SERVICE 1 A G R E E M E N T Between BROWARD COUNTY and THE CITY OF TAMARAC for FIRE PROTECTION SERVICE This is an Agreement, made and entered into by and between: BROWARD COUNTY, a political subdivision of the State of Florida, its successors and assigns, hereinafter referred to as COUNTY, through its Board of County Commissioners, AND THE CITY OF TAMARAC, a municipal corporation organized and existing under .he laws of the State of Florida, its successors and assigns, hereinafter referred to as CITY. WITNESSETH: WHEREAS, the COUNTY has heretofore and is now operating fire departments in the unincorporated portions of Broward County, Florida, including that portion bordering and adjacent to the City of Tamarac; and WHEREAS, the Council of the City of Tamarac deems it in the best interest of the CITY to make provisions to have COUNTY provide it with the necessary fire protection and coverage; and WHEREAS, it is agreed between the parties that this Agreement has been in full force and effect for a period commencing the 15th day of July 1980' and shall remain in full force and effect through the .30th day of September, 1981. NOW, THEREFORE, in consideration of the mutual terms and condi- tions, promises, covenants and payments hereinafter set forth, COUNTY and CITY hereby agree as follows: Kai-6y Fj 1 ARTICLE 1 SCOPE, OF SERVICES 1.1 That the COUNTY will provide fire protection service to that portion of the incorporated area as specified in Exhibit "A" attached hereto, on a twenty-four (24) hour, seven (7) day per week, first call basis during the term of this Agreement, it being clearly understood and mutually agreed between the parties hereto, however, that a fire within the immediate area and boundary of call of the COUNTY shall receive first preference over that of CITY. 1.2 Should the COUNTY be giving mutual fire assistance and aid to another fire department and a fire call be received by CITY, then and in such event, the COUNTY shall forthwith request assistance from a mutual aid fire company to respond to the call of CITY. 1.3 Should the COUNTY be otherwise occupied as set forth in Paragraphs 1.1 and 1.2 above, then the COUNTY shall request as much "back-up" service from some other fire department as possible and practicable to assist CITY. ARTICLE 2 INDEMNIFICATION 2.1 The COUNTY agrees to hold the CITY harmless for acts of negligence of the COUNTY'S officers, agents, and employees arising out of the per- formances of this Agreement to the fullest extent allowed by law. ARTICLE 3 CONSIDERATION AND TERM 3.1 The CITY agrees to pay the COUNTY the sum of Six thousand five hundred sixty five and 68/10 Dollars ($ 6, 565. per year for a term commencing on the a term commencing on the lstday of October 1980 and ending on the 30th day of September 198]according to the schedule set forth in Paragraphs 3.1.1 and 3.1.2 below. -2- 3.1.1 For fire protection services rendered by COUNTY to CITY under this Agreement during the period commencing July 15, 1980 to September 30, 1980nclusive, CI 1�(ball pay to COUNTY Six thousand three ninety'Qla C� 6.392.40), payable in full within ten (10) days of execution of this Agreement by all parties hereto. 3.1.1 All subsequent payments hereunder may be made monthly or upon other terms as the County Administrator of Broward County may determine. 3.2 The COUNTY and CITY agree that all payments made by CITY pursuant to this Agreement shall be made payable to Broward County and delivered to the Broward County Administrator, Room 248, Broward County Courthouse, 201 Southeast Sixth Street. Fort Lauderdale, Florida 33301. ARTICLE 4 MISCELLANEOUS 4.1 CITY agrees that COUNTY shall not be charged any fee for the use of such fire hydrants, fire wells, etc., as are located within the CITY for consumption of water in the performance of any of its obligations under this Agreement. ARTlrl F 5 TERMINATION OF CONTRACT 5.1 The parties agree that either party may terminate this Agreement upon thirty (30) days written notice, subject to the limitations set forth in Paragraph 5.1.1, below. 5.1.1 CITY agrees that it may not exercise its right of termination hereunder until it has paid to COUNTY, in full, the amount specified in Paragraph 3.1.1, above. IJ -3- 1 S ARTICLE 6 AMENDMENTS 6.1 No modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. ARTICLE 7 NOTICES 7.1 Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice, to -wit: FOR BROWARD COUNTY: Director, Fire Protection Division 955 South Federal Highway, Room 418 Fort Lauderdale, Florida 33316 FOR CITY Citj��o� aamgarac 5811 .Northwest 88th Avenue Tama-ac, .Florida 33321 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chairwoman, authorized to execute same by Board action on the -4- L ? day of , 19 , and THE CITY OF TAMARAC, signing by and through the Mayor , duly authorized to execute same. ATTEST: County Administrator and Ex- Officio Clerk of the Board of County Commissioners of Broward County, Florida COUNTY CITY ATTEST: aura Z. Puurmans, acting City Mgr. Carol A. Evans, Asst.City Clerk DRM: ed AGR067-K 12/24/80 #2202-J -5- BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS By ANNE L. KOLB, Chairwoman day of 19_ Approved as to form and legality by Office of General Counsel for Broward County, Florida HARRY A. STEWART, General Counsel Room 248, Courthouse Fort Lauderdale, Florida 33301 Telephone: (305) 765-5105 By DAVID R. MANKIN Assistant General Counsel CITY OF TAMARAC By alt r Fa"1c1 ,M4yor 8th day of April , 10 81 . B Laura Z.Zofuurmans, Acting City Manager 8th day of April, 1981. 1 1 1 '4�9'C147 i I 1 EXHIBIT A FOR PERIOD July 15, 1980 through September 30, 1980-t- Fn EXHIBIT A FOR PERIOD October 1, 1980 -TE through September 30, 1981 I M I I 1