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HomeMy WebLinkAbout48-87 RESOLUTION-•••• - RESOLUTION NO. 48-87 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH THE CITY OF GREENLAND FOR FIRE PROTECTION SERVICE. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk are hereby authorized and directed to execute a contract with the City of Greenland for fire protection service. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 16th day of APPROVED June rn BY: ?")2Zidtilikpi ( M yor • a 1987. • MODIFICATION OF CONTRACT This AGREEMENT made this 4 day of , 1957, by and between the City of Fayetteville, Ar�isas, hereinafter called "Fayetteville" and the City of called "Greenland". WHEREAS, the parties hereto have entered into a fire protection contract dated August 20, 1981, which agreement, as heretofore modified, is incorporated herein by reference thereto; and Greenland, hereinafter WHEREAS, the parties desire to extend and modify said contract. NOW, THEREFORE, the parties mutually agree as follows: 1. The aforesaid contract is hereby extended through May 31, 1988; provided, Greenland may terminate said contract at the end of any quarter (September 1, December 1, March 1) prior to the expiration date hereof (May 31, 1988) by giving Fayetteville fifteen (15) days advance written notice of termination. Said sem-notice shall be sent to: Fayetteville City Manager 113 W Mountain Street Fayetteville, Arkansas 72701 2. Paragraph 3 of said contract is modified to read as •follows: The annual fee for the contract year ending May 31, 1987 is $41,300.00, payable as follows: $20,650.00 upon '7execution-of-this Modification- of' Contract; $10,325.00 on January 1, 1988; and $10,325 on March 1, 1988. 3. All provisions of the contract are incorporated herein and are hereby modified to conform herewith but in all other respects are to be and shall continue in full force. IN WITNESS WHEREOF, the parties have executed this Modifica- tion of Contract on the day and year first above written. ATTEST By: Clerk ATTEST -Mr • BY: idevnieviAN 044/ppeL4 City Clerk CITY OF FAYETTEVILLE, ARKANSAS ?:(aVirj By: A AWMInet.) CITY OF GREERLANDIARKANSAS 7 By: 7/01/ii/Zr44{ZIY Mayor CONTRACT THIS CONTRACT executed this(?__ day of _116.astC- 194 by and between the City of Fayetteville, Arkansas, hereinafter called "Fayetteville", andOhe City of Greenland, = Arkansas, hereinafter called "Greenland". WHEREAS, Fayetteville mans and equips an organized fire department; and WHEREAS, Greenland does not have an organized fire department; and • WHEREAS, Greenland desires to contract with Fayetteville for the Fayetteville Fire Department to combat fires which may occur in Greenland; and WHEREAS, the purpose of this agreement is to set forth the terms -and conditions under which the Fayetteville -Fire -- Department will combat fires in Greenland. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereby agree as follows: I. The Fayetteville Fire Department shall provide standby fire protection to the City of Greenland and shall combat fires occurring in Greenland from the effective date of this contract to subject to the conditions set out herein. 2. During the term of this contract the Fayetteville Fire Department shall provide fire fighting machinery and equipment, with the necessary firemen to operate the same, to combattlifeasTh6curr'ing in Greenland; provided,- Fayetteville shall - have the right to limit its response to any fire located in Greenland if the Fayetteville City Manager or the Fayetteville Fire Chief determines that such a response will substantially impair the ability of the Fayetteville Fire Department to combat a fire or fires occurring in Fayetteville. • 3. Greenland shall p-gLy Fayetteville a sum annually which sum shall be determined by the. formula; 7PG x x !)+ AG Fayetteville Greenland '24-(N AF II,Fire Department 1=1 Fire 6 Budget Fee tPopulation - V = Assessed value (improvements on land and personalty) A = Area G = Greenland F = Fayetteville (Budget adjusted to actual after audit) The Fee shall be paid on January 1st, the first day of the contract year, in consideration of Fayetteville providing standby fire protection to Greenland and combating fires which occur in Greenland during the term of the contract. The annual fee for 1981, is $18,561.79. The fee for the part year covered by this contract is $6,814 4. This contract shall become effective on the date of its signing by representatives of both cities. 5. Neither the City of Fayetteville nor any Fayetteville official or Fayetteville Fire Department official or employee involved in combating a fire in Greenland shall be liable for any damages or loss that occurs when the Fayetteville Fire Department is combating a fire located within Greenland. 6. All members of the Fayetteville Fire Department engaged in fighting a fire located in Greenland shall be con- sidered to be ac -ting within their line of duty and in discharge thereof and shall not lose or forfeit any right or benefit in rank, pay, disability or retirement payments or. benefits. 7. There shall be attached hereto a certified copy of the Resolution adopted by the governing bodies of Fayetteville and Greenland authorizing the execution of this contract. 8. Any modification of this Contract must be in writing and authorized by the governing bodies of Fayetteville and Greenland. 9. Prior to its expiration date, this contract may be renewed from year to year by resolution of the governing bodies of both cities and execution of an agreement to extend or renew the contract. - IN WITNESS WHEREOF this Contitrac4 has been executed pn the date first above written. ATTEST: City Clerk ATTEST-; (2-e: City Clerk CITY OF YETTEVILLE, ARKANSAS By: Ma or cx CITY OF GREENLAND, ARKANSAS