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HomeMy WebLinkAbout31-96 RESOLUTION• RESOLUTION NO. 31-96 A RESOLUTION APPROVING A RENWAL OF A FIVE YEAR CONTRACT WITH THE CITY OF GREENLAND TO PROVIDE STAND BY FIRE SUPPRESSION AND ACCEPTANCE OF AN ANNUAL COMPENSATION OF $45,000. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. The City Council hereby approves renewal of a five year contract beginning June 1, 1995 and ending May 31, 2001, with the City of Greenland to provide stand by fire suppression and accepts annual compensation in the amount of $45,000; and authorizes the Mayor and City Clerk to execute said contract. A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 5th day of March , 1996. ATTEST: �J By: L2Cc /quit Traci Paul, City Clerk • . ; 1 APPROVED: By: • • CONTRACT THIS CONTRACT executed this S day of Mcine 1996, by and between the City of Fayetteville, Arkansas, hereinafter called "Fayetteville", and the 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: 1. The term of this contract shall be five years, beginning June 1, 1996, and expiring May 31, 2001. 2. 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 subject to the conditions set out herein. 3. 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 combat fires occuring in Greenland; provided, Fayetteville shall have the right to limit its response to any fire located in Greenland if the Mayor of Fayetteville 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. • • • • 4. Greenland shall pay Fayetteville a sum in four equal installments each year, which sum shall be $45,000 annually, with each of the four quarterly installments totaling $11,250. The first installments will be due on June 1, 1996, with subsequent installments due each September 1, January 1, March 1, and June 1. Failure of Greenland to pay said fees in a timely manner will give Fayetteville the option to cancel this contract by written notice to Greenland. 5. Greenland may terminate this contract at the end of any quarter (September 1, December 1, March 1, and June 1) prior to the expiration date hereof (May 31, 2001), by giving Fayetteville fifteen (15) days written notice of termination. Said notice shall be sent to: Mayor, City of Fayetteville 113 West Mountain Fayetteville, Arkansas 72701 6. Fayetteville may terminate or ask for renegotiation of this contract if Greenland annexes significant additional lands or has growth which significantly increases Fayetteville's responsibility under the contract. 7. This contract shall become effective on the date of its signing by representatives of both cities. 8. 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. 9. All members of the Fayetteville Fire Department engaged in fighting a fire located in Greenland shall be considered to be acting 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. 10. 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. 11. Any modification of this Contract must be in writing and authorized by the governing bodies of Fayetteville and Greenland. • • • WITNESS WHEREOF, this Contract has been executed on the t4bbve written. City Clerk ATTEST:rierierux (9% ffilitul City Clerk CITY 0 By: AYETTE ILLE, ARKANSAS M&yor CITY OF GREENLAND, ARKANSAS By: 0, lJ etA/Lat Mayor