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HomeMy WebLinkAboutCity of Tamarac Resolution R-2011-001Temp. Reso. #11969 December 3, 2010 Rev. 1 — 12/30/10 Rev. 2 --1 /3/11 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2011-_/ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING A REQUEST ON BEHALF OF THE AMERICAN CANCER SOCIETY FOR IN - KIND SUPPORT FOR THE TAMARAC RELAY FOR LIFE EVENT BENEFITTING THE AMERICAN CANCER SOCIETY TO BE HELD AT UNIVERSITY HOSPITAL AND MEDICAL CENTER ON APRIL 2-3, 2011; PROVIDING FOR PERMITS, PROPER INSURANCE AND EXECUTION OF LEASE AGREEMENT FOR IN -KIND EQUIPMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Director of Parks and Recreation has received a request on behalf of the American Cancer Society for certain in -kind support services for the Tamarac Relay for Life event to be held at University Hospital and Medical Center April 2-3, 2011; WHEREAS, the American Cancer Society is a non-profit volunteer organization dedicated to finding a cure for cancer and "Relay for Life" is their signature event; and WHEREAS, the City of Tamarac, Florida, wishes to support the American Cancer Society for the Tamarac Relay for Life event which is an event that will bring the community together for a great cause; and WHEREAS, the City's Risk Management Division will ensure the appropriate levels of liability insurance coverage for this event are submitted to the City; and 1 Temp. Reso. #11969 December 3, 2010 Rev. 1 — 12/30/10 Rev. 2 —1 /3/11 Page 2 WHEREAS, all participants in the 2011 Tamarac Relay for Life event being held at University Hospital and Medical Center on April 2-3, 2011, benefitting the American Cancer Society, will sign a Consent Form & Waiver holding the City of Tamarac harmless; and WHEREAS, the Director of Parks and Recreation recommends that the City of Tamarac provide certain in -kind support services for the Tamarac Relay for Life event to be held at University Hospital and Medical Center April 2-3, 2011; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to provide certain in - kind support services for the Tamarac Relay for Life event to be held at University Hospital and Medical Center April 2-3, 2011. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: That the request for the City of Tamarac to provide certain in -kind support services as listed below for the Tamarac Relay for Life event to be held at University Hospital and Medical April 2-3, 2011, is HEREBY APPROVED subject to Section 3 below. • Use of City's chairs and tables • Posting of event information on City website and Tamarac Transit buses Temp. Reso. #11969 December 3, 2010 Rev. 1 — 12/30/10 Rev. 2 —1 /3/11 Page 3 • Assignment of City representative to serve as logistic coordinator • Use of the City's mobile LED sign for a few days prior to the event • Waiver of room rental fees o Event Kick Off — January 2011 (Rec. Center) o Kid's Expo —March 2011 (Community Center) o Bark for Life — date to be determined (Gary B Jones Park for People and Pups) o After Relay Awards Dinner — April 2011 (Rec. Center) • Use of the City's showmobile • Permission to put up temporary signage in the city for 1 week prior to the event. (Signs will be removed by Monday, April 5, 2011) • Use of one (1) of the City's portable light tower • Use of City recycling bins and trash cans for event • Provide City bus and driver to shuttle survivors (4-8:00 p.m. on April 2"d) • Use of City's sound backup PA system • Waiver of special event permit fees • Use of two City of Tamarac tents • City to facilitate and assist with overpass advertising for two weeks • Pre -event Fire Inspection by City SECTION 3: That approval is subject to all other appropriate permits being obtained prior to the event, that proper insurance coverage is obtained and certificates of insurance submitted to the City, and an executed Lease Agreement as furnished by the City for the in -kind equipment, attached hereto and incorporated herein, are provided to the City prior to the event. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 1 Temp. Reso. #11969 December 3, 2010 Rev. 1—12/30/10 Rev. 2 —1 /3/11 Page 4 SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 1A day of�urt�= j , 2011. BETH TALABISCO Mayor ATT ER M. J. IC ARDSON, CRM, CMC CITY CLERK. F RECORD OF COMMISSION VOTE: MAYOR TALABISCO DIST 1: V/M BUSHNELL DIST 2: COMM. GOMEZ DIST 3: COMM. GLASSER 47 DIST 4: COMM. DRESSLER !� I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM. SAMUEL S. GOREN CITY ATTORNEY Temp. Reso. #11969 - Attachment LEASE AGREEMENT FOR EQUIPMENT THIS AGREEMENT, made and entered into on the day of D AA f.., 2011 by and between: THE CITY OF TAMARAC, a municipal corporation organized and operating pursuant to laws of the State of Florida, with an address of 7525 NW 88"' Avenue, Tamarac, Florida 33321, hereinafter referred to as "TAMARAC," and AMERICAN CANCER SOCIETY, a municipal corporation organized and operating pursuant to the laws of State of Florida, with an address of 3363 W. Commercial Blvd., Ft. Lauderdale, Florida 33309, hereinafter referred to as "ACS." WHEREAS, ACS will be holding its Relay for Life event on April 2, 2011 through April 3, 2011; and WHEREAS, ACS desires to rent TAMARAC's Stage/Showmobile, tables, chairs, portable light tower, recycle bins and trash cans, sound system, and tent. (sometimes referred to as "Equipment") for this event; and WHEREAS, TAMARAC has agreed to lease this Equipment to ACS for their Relay for Life event; and WHEREAS, the parties desire to enter into this Lease Agreement for TAMARAC to lease the Equipment to ACS, subject to the terms and conditions contained herein; NOW, THEREFORE, in consideration of their mutual covenants, the parties agree as follows: Section 1. The above recitals are true and correct and are incorporated herein by this reference. Section 2. TERM OF AGREEMENT 2.01 This agreement is effective upon the approval and execution of both parties and shall commence Saturday, April 2, 2011 ("Commencement Date") and terminate Sunday, April 3, 2011 ("Termination Date"), unless terminated earlier pursuant to the provisions of Section 9 of this Lease Agreement. Upon the express written consent of both parties, both parties are authorized to extend the term of this Lease Agreement as necessary. Said written extension shall be considered an addendum to this Lease Agreement and shall be incorporated herein. Page 1 of 6 JFK:ic HAWPdata\Temp\011211 Relay for Life 2011\Stage-Show Mobile (American Cancer Society) final.doc Section 3. COMPENSATION 3.01 ACS shall pay TAMARAC TEN AND 00/100 DOLLARS ($10.00) for the lease of the above referenced Equipment. Said payment shall be sent to the Finance Department, City of TAMARAC. Section 4. DUTIES AND RESPONSIBILITIES OF PINES 4.01 Upon approval of this Lease Agreement, TAMARAC shall deliver to ACS on or about Saturday, April 2, 2011, at a location designated by ACS: A. One (1) 20x40 foot Stage/Showmobile, Vin # 1W9SE2820RM174008 and Asset No. 3805. B. 10 Tables & 125 chairs C. [4 Recycle bins and 6 trash cans D. One (1) portable light tower, Serial No. 5144413 and Asset No.2468. E. A sound system consisting of the following components: One (1) Receiver One (1) Microphone Two (2) Speakers F. One (1) 40 x 40 Tent 4.02 TAMARAC shall permit ACS to inspect the Equipment prior to transfer to ACS' custody and control. 4.03 On Sunday, April 3, 2011, TAMARAC shall pick up the leased Equipment from ACS at a time to be coordinated between the parties. Section 5. DUTIES AND RESPONSIBILITIES OF ACS 5.01 ACS acknowledges that it accepts the above referenced Equipment in "as is" condition, after inspection by ACS. 5.02 ACS shall be responsible for insuring the Equipment and informing TAMARAC of any damage which may occur to the Equipment while in ACS' custody and control. It shall be ACS' responsibility to pay for the costs of repair for any such damage which may occur. 5.03 After inspection of the Equipment by ACS, any claims based upon defects shall be deemed arising from ACS' use of the Equipment as provided in Section 5 of this Agreement. 5.04 ACS shall not make any modifications to the leased Equipment, other than as indicated in normal repair and maintenance, without the express written approval of TAMARAC. Page 2 of 6 JFc:ic H:\WPdata\Temp\011211 Relay for Life 2011 \Stage -Show Mobile (American Cancer Society) final.doc 5.05 ACS shall return the Equipment to TAMARAC in the same condition in which it was given to ACS, normal wear and tear excepted. Section 6. INDEMNIFICATION AND INSURANCE 6.01 ACS agrees to indemnify and hold harmless TAMARAC and all its officers, elected or otherwise, and employees from any loss, damage, or injury to persons or property arising from ACS use of the Equipment or ACS' failure to comply with all the terms and conditions of this Agreement. If a claim is litigated and names TAMARAC as a party defendant, TAMARAC shall be held harmless as to all costs and expenses associated with the litigation related to that claim, including but not limited to, costs, attorneys' fees, paralegal expenses, attorneys' fees on appeal, monies paid in settlement or monies paid to satisfy any judgement obtained herein. 6.02 ACS shall maintain throughout the term of this Agreement any and all applicable insurance coverage required by TAMARAC's Risk Manager and shall name TAMARAC as a certificate holder. Proof of such insurance coverage shall be furnished to the TAMARAC Risk Management Division prior to the release of the leased Equipment to ACS. 6.03 Nothing herein shall be construed or interpreted as a waiver of sovereign immunity by TAMARAC. Section 7. The contact person for each of the parties for the administration of this Agreement is as follows: TAMARAC: Gregory Warner, Director of Parks and Recreation Telephone No. (954) 597-3638 ACS: Ivonne Morales, Community Representative Telephone No. (954) 954-564-0880 Section 8. ASSIGNMENT 8.01 ACS shall not assign this Lease Agreement, in whole or in part, without the written consent of TAMARAC. 9.01 This Agreement may be terminated by either party upon three (3) calendar days' written notice. Page 3 of 6 JFK:ic H:\WPdata\Temp\011211 Relay for Life 2011\Stage-Show Mobile (American Cancer Society) final.doc Section 10. COMPLIANCE WITH LAWS 10.01 TAMARAC and ACS shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida, and of any other public authority which may be applicable. Section 11. VENUE 1.1.01 Venue for any claim, objection or dispute arising out of the terms of this Agreement shall lie in Broward County, Florida. Section 12. GOVERNING LAW 12.01 The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. Section 13. ENTIRE AGREEMENT 13.01 This Agreement contains the entire understanding of the parties relating to the subject matter hereof superseding all prior communications between the parties whether oral or written, and this Agreement may not be altered, amended, modified or otherwise changed nor may any of the terns hereof be waived, except by a written instrument executed by both parties. The failure of a party to seek redress for violation of or to insist on strict performance of any of the covenants of this Agreement shall not be construed as a waiver or relinquishment for the future of any covenant, term, condition or election but the same shall continue and remain in full force and effect. Section 14. SEVERABILITY 14.01 Should any part, term or provision of this Agreement be by the courts decided to be illegal or in conflict with any law of the State, the validity of the remaining portions or provisions shall not be affected thereby. Section 15. COUNTERPARTS 15.01 This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Section 16. LEGAL RESPRESENTATION 16.01 It is acknowledged that each party to this Agreement had the opportunity to be represented by counsel in the preparation of this Agreement and, accordingly, the rule that a contract shall be interpreted strictly against the party preparing same shall not apply due to the joint contribution of both parties. Page 4 of 6 JFK:ic H:\WPdata\Temp\011211 Relay for Life 2011\Stage-Show Mobile (American Cancer Society) final.doc Section 17. NOTICES 17.01 Whenever either party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, or facsimile transmission with receipt of delivery, addressed to the party for whom it is intended at the place last specified; and the place for giving of notice shall remain as 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: AMERICAN CANCER SOCIETY: Ivonne Morales, Community Rep. American Cancer Society 3363 W. Commercial Blvd. Ft. Lauderdale, FL 33309 Telephone No. (954) 564-0880 Facsimile No. (954) 561-8072 Copy to: UN Zlt7,1?S r v /-h4,,r#i, 041C4, ca y TAMARAC: Greg Warner, Director Parks & Recreation Department 8601 W. Commercial Blvd. Tamarac, Florida 33321 Tel. (954) 597-3620 Fax (954) 597-3640 Copy to: Jeffrey Miller, City Manager City of TAMARAC 7525 NW 887o Avenuc, Room 202 Tamarac, Florida 33321 Tel. (954) 597-3510 Fax (954) 597-3520 Samuel S. Goren, Office of the City Attorney Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Telephone No. (954) 771-4500 Facsimile No. (954) 771-4923 Page 5 of 6 JFK:ic H:\WPdata\Temp\011211 Relay for Life 2011\Stage-Show Mobile (American Cancer Society) fmal.doe IN WITNESS WHEREOF, AMERICAN CANCER SOCIETY and the CITY OF TAMARAC have caused these presents to be executed in their respective names by the proper officials the day and year first above written. AMERICAN CANC SOCIETY: C TN"I2 STATE OF FLORIDA ) )SS COUNTY OF BROWARD ) I HEREBY CERTIFY that the foregoing instrument was acknowledged before me this day of Jaor , 20If, by )VOW-1),41yet ?_ PVPx%4 and who is personally known to me or has produced r'L 'DL, as identification, and who is signing this Agreement on behalf of the AMERICAN CANCER SOCIETY and is authorized to execute the same. 7 e /.,� ., My Commission Expires: / 1% ATTEST: PE'TII L M.J. RICPARDSON, CRM, CITE CLERK APPROVED AS TO FORM: BY:: OFFICE OF THE CITY ATTORNEY NOTARY PUBLIC, State dT Florida moM..L F. PAMPUI MA NOTARY PUBLIC STATE OF FLORIDA CITY OF TAMARAC romp Expires 17JM14 B o/ Z-. 147W'-e� JEFFREY L. KVLLIZk, CITY MANAGER Page 6 of 6 JFK:ic H:\WPdata\Temp\011211 Relay for Life 2011\Stage-Show Mobile (American Cancer Society) final.doc No Text