Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-2011-1061 Temp Reso #12087 Page 1 August 30, 2011 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2011 /J" 4' A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF TAMARAC AND BROWARD COUNTY TO PROVIDE MUTUAL COORDINATION AND ASSISTANCE BY AND THROUGH BUSINESS RECOVERY CENTERS IN THE EVENT OF AN EMERGENCY OR DISASTER; EFFECTIVE ON THE DATE OF LAST SIGNATURE OF BOTH PARTIES AND SHALL CONTINUE IN FULL FORCE AND EFFECT UNTIL MIDNIGHT OCTOBER 31, 2015; A COPY OF THE MEMORANDUM OF AGREEMENT IS ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac and Broward County desire to enter into a Memorandum of Agreement to provide mutual coordination and assistance by and through business recovery centers in the event of an emergency or disaster; and WHEREAS, the City Commission deems it to be in the best interests of the citizens and residents of the City of Tamarac to approve and authorize the proper city officials to execute the Memorandum of Agreement between the City of Tamarac and Broward County; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: Temp Reso #12087 Page 2 August 30, 2011 SECTION 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission. All exhibits attached hereto are hereby incorporated herein. SECTION 2. The City Commission of the City of Tamarac, Florida, hereby approves and authorizes the proper city officials to execute the Memorandum of Agreement between the City of Tamarac and Broward' County to provide mutual coordination and assistance by and through business recovery centers in the event of an emergency or disaster, effective on the date of last signature of both parties and shall continue in full force and effect until midnight October 31, 2015; a copy of the Memorandum of Agreement is attached hereto as Exhibit "A". SECTION 3. The appropriate City officials are authorized and directed to execute the necessary documents to comply with this Resolution. SECTION 4. All Resolutions or parts of Resolutions in conflict herewith, shall be and are hereby repealed insofar as there is conflict or inconsistency. SECTION 5. If any clause, section or other part of this Resolution shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered eliminated and shall in no way affect the validity of the remaining portions of this Resolution. SECTION 6. This Resolution shall become effective immediately upon its passage and adoption by the City Commission. 1 1 �II 1 Temp Reso #12087 Page 3 August 30, 2011 PASSED AND ADOPTED BY THE wYOMISSION OF THE CITY OF TAMARAC, FLORIDA THIS DAY OF ,�` , 2011. BY: ATTEST: PAMELA BUSHNELL MAYOR RECORD OF COMMISSION VOTE: PETER RICHAF 83 IkVARW ",WC CITY CLERK w � I HEREBY CERTi/'Y/l ,I�C``\% Have approved this RESOLUTION as to form. L-)--C SAMUEL S. GOREN CITY ATTORNEY MAYOR BUSHNELL DIST 1: COMM. SWENSON DIST 2: V/M. GOMEZ DIST 3: COMM. GLASSER DIST 4: COMM. DRESSLER SSG:SRW HA2005\050164 TAMARAC\RESO 2011\TR#12087 (Business Recovery Centers MOU)"doc MEMORANDUM OF AGREEMENT between BROWARD COUNTY and THE CITY OF TAMARAC for BUSINESS RECOVERY CENTERS This is a "Memorandum of 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," AND CITY OF TAMARAC, a municipal corporation located in Broward County, Florida, and organized and existing under the laws of the state of Florida, its successors and assigns, hereinafter referred to as "MUNICIPALITY." WITNESS ETH: WHEREAS, COUNTY and MUNICIPALITY desire to cooperatively work together to promote and encourage mutual coordination and assistance by and through Business Recovery Centers, hereinafter referred to as "BRC," which Centers shall be activated and provide, in the event of an emergency or disaster, access to financial assistance programs, disaster relief information, referral assistance and related support services to companies in Broward County; and WHEREAS, the purpose of this Agreement is to provide a framework for cooperation between the parties herein in the event of an emergency or disaster, which results in the need to activate a BRC; and WHEREAS, as part of the mutual assistance provided herein, MUNICIPALITY will make all good faith efforts to assist COUNTY, by and through the Broward County Office of Economic and Small Business Development, hereinafter referred to as "OESBD," and other agencies providing services in the BRC; and WHEREAS, the COUNTY and MUNICIPALITY desire to formalize a process authorizing designated COUNTY and MUNICIPALITY staff to work together to implement the endeavors as set forth in this Agreement; and WEHREAS, the coordination herein is to enable businesses in Broward County to expeditiously return to regular business subsequent to an emergency or disaster and to spur job retention and continued business contribution to the tax base; NOW THEREFORE, IN CONSIDERATION of the mutual terms, promises, and covenants hereinafter set forth, COUNTY and MUNICPALITY agree as follows: ARTICLE 1 RECITALS The above recitals and representations are true and correct and incorporated herein by reference. ARTICLE 2 DEFINITIONS 2.0 Definitions: The following definitions shall govern the interpretation of this Agreement. 2.1 Business Recovery Centers (BRC) - The office(s) in the host municipality activated and utilized to provide financial assistance programs, disaster relief information, referral assistance and other support services to companies in Broward County, by and through OESBD. 2.2 Host Municipality(ies) - The municipality(ies) providing space and other assistance/support. ARTICLE 3 PURPOSE AND SCOPE 3.0 The Purpose and Scope of this Memorandum of Agreement in Broward County are as follows: 3.1 This is a mutual assistance agreement providing a framework for cooperation between the parties herein in the event of an emergency or disaster which results in the need to activate a Business Recovery Center (BRC). Pursuant to this Agreement, each host municipality will assist with space, furnishings, telecommunications connectivity, and security for the 2 user office, to wit: OESBD and other agencies providing services in the BRC; 3.2 This Agreement provides for, but is not limited to, the identified assistance in situations where the host municipality is not significantly affected by the incident or event requiring activation of the Agreement; 3.3 The time period of the host municipality support is not expected to last more than sixty (60) days, during which period the parties herein shall negotiate, if necessary, for any extended support arrangement with the host municipality. ARTICLE 4 PROCEDURES 4.1 Availability of Space and Support - The parties herein agree to work cooperatively, depending on the extent of any emergency or disaster, to identify and implement the parameters of space, furnishings, telecommunications connectivity, security and other services necessary to support the temporary services of the small business community within Broward County. The host municipality will set the parameters referred to hereinabove. COUNTY and MUNICIPALITY shall designate a contact person from COUNTY and MUNICIPALITY. Specific space and other support requirements will be documented and communicated in writing to all parties. 4.2 Activation of Space and Support - The OESBD will notify the Broward County Office of Public Communications to disseminate information to the public as to the status of operations for the BRC. 4.3 Reimbursement of Costs - This Agreement is neither a fiscal nor a funds obligation document and no exchange of funds for support requirements will take place. 4.4 Any specific space, furnishings, telecommunications connectivity, and other support services are to be reviewed and approved by the parties herein on an as needed basis, depending on the extent of any emergency or disaster. ARTICLE 5 TERM OF AGREEMENT 5.0 This Agreement will be effective on the date of last signature of both parties herein and shall continue in full force and effect until midnight October 31, 2015. The provisions in this Memorandum of Agreement will be reviewed periodically, as appropriate, and amended or supplemented as may be mutually agreed upon, 41 in writing, with the same or similar formality as this Memorandum of Agreement and executed by the parties herein. ARTICLE 6 TERMINATION This Agreement may be terminated by either party upon ninety (90) days written notice to the other party of such termination pursuant to Section 9, NOTICES, herein. ARTICLE 7 GOVERNMENTAL IMMUNITY MUNICIPALITY is a municipal corporation existing under the laws of the state of Florida. COUNTY is a political subdivision of the state of Florida. Each agrees to be fully responsible for acts and omissions of their agents or employees to the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency or political subdivision of the state of Florida to be sued by third parties in any matter arising out of this Agreement or any other contract. ARTICLE 8 The parties hereto acknowledge that COUNTY and MUNICPALITY are self insured governmental entities subject to the limitations of Section 768.28, Florida Statutes. ARTICLE 9 Any and all notices given or required under this Agreement shall be in writing and may be delivered in person or by United States mail, postage prepaid, first class, and certified return receipt requested, addressed as follows: MCOZK0111►1W,I Director Broward County Office of Economic and Small Business Development Room A680 115 South Andrews Avenue Fort Lauderdale, Florida 33301-1802 4 With copy to: County Administrator 115 South Andrews Avenue, Room 409 Fort Lauderdale, Florida 33301 TO: CITY OF TAMARAC 7525 NW 88 Avenue Tamarac, Florida 33321 With copy to: CITY OF TAMARAC City Manager 7525 NW 88 Avenue Tamarac, Florida 33321 ARTICLE 10 MISCELLANEOUS 10.1 COMPLIANCE WITH LAWS The parties shall comply with all federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant to this Memorandum of Agreement. 10.2 JOINT PREPARATION The parties acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 10.3 PRIORITY OF PROVISIONS If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of this Agreement, the term, statement, 4i k requirement, or provision contained in Articles 1 through 10 of this Agreement shall prevail and be given effect. 10.4 APPLICABLE LAW AND VENUE This Agreement shall be interpreted and construed in accordance with and governed by the laws of the state of Florida. Venue in any proceeding or action among the parties arising out of this Agreement shall be in Broward County, Florida. 10.5 INCORPORATION BY REFERENCE The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. [Remainder of This Page Is Intentionally Left Blank] 101 MEMORANDUM OF AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC FOR BUSINESS RECOVERY CENTERS IN WITNESS WHEREOF, the parties hereto have made and executed this Memorandum of Agreement on the respective dates under each signature; BROWARD COUNTY through its Board of County Commissioners signing by and through its Mayor or Vice Mayor on the day of 20—, and the signing by and through its , duly authorized to execute same and THE CITY OF TAMARAC, signing by and through its duly authorized to execute same. ATTEST: COUNTY BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS County Administrator and By Ex-Officio Clerk of the Board Mayor of County Commissioners of Broward County day 20_ Risk Management Approved as to form by Office of County Attorney Joni Armstrong Coffey, County Attorney Broward County, Florida Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, FL 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-6968 M Carl L. Kitchner Assistant County Attorney day of 20 day of , 20 7 MEMORANDUM OF AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC FOR BUSINESS RECOVERY CENTERS CITY OF TAMARAC ATTES n Cit Clerk a7L3��, (, I Mayor day of U4i�� 2011 Ulu C eUvialD7_Faii2119PI LY1 By _ q City Attorney CLK:dmv G:\DIV4\CLK\CLK11\Agreements\BRC Tamarac MOA.Doc 08/29/11 #11-112 0