HomeMy WebLinkAboutCity of Tamarac Resolution R-2011-040Temp. Reso #12009
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Page 1
March 22, 2011
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R 2011- 1/ 0
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO ENTER INTO
TWO SEPARATE AGREEMENTS BY AND BETWEEN THE
CITY OF TAMARAC AND THE CITY OF NORTH
LAUDERDALE, BROWARD COUNTY, FLORIDA
PROVIDING FOR TEMPORARY USE OF FIRE RESCUE
EQUIPMENT AND/OR VEHICLE(S); PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac has provided high quality Fire Rescue
operations to the Community since 1975; and
WHEREAS, the City of Tamarac and Tamarac Fire Rescue desire to
continually improve the quality of Fire and Emergency Medical Services to the citizens
and visitors of the City; and
WHEREAS, the City of North Lauderdale and the City of Tamarac desire
to enter into an Agreement for the temporary use of Fire Rescue Equipment and
Vehicle(s), as needed for daily operations, attached hereto as Exhibit "A"; and
WHEREAS, the City of North Lauderdale prepared the attached
Agreement on behalf of the City of Tamarac for the temporary use of Fire Rescue
Equipment and Vehicle(s), as needed for daily operations, attached hereto as Exhibit
" B"; and
WHEREAS, in February 2011 the City of North Lauderdale passed
Resolution No. 11-02-5670 to approve the temporary use of Fire Rescue Equipment
and Vehicle(s) Agreements between the City of Tamarac and the City of North
Lauderdale, attached hereto as Exhibit "C; and
Temp. Reso #12009
Page 2
March 22, 2011
1
WHEREAS, the City of Tamarac desires to enter into this Agreement with
North Lauderdale for the temporary use of Fire Rescue equipment and vehicle(s) as
park of our public safety interests; and
WHEREAS, the City of Tamarac supports regional efforts to improve
service delivery; and
WHEREAS, the City Manager and the Fire Chief recommend acceptance
of these Agreements; and
WHEREAS, Exhibits A and B were reviewed, approved as to form and
executed by City Attorney Samuel S. Goren for the City of Tamarac and John Hearn,
Special Counsel for the City of North Lauderdale; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it
to be mutually beneficial and in the best interest of the citizens and residents of the
City of Tamarac and the City of North Lauderdale to enhance Emergency Services in
our communities.
NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
Section 1: The foregoing "WHEREAS" clauses are HEREBY ratified and
confirmed as being true and correct and are HEREBY made a specific part of this
Resolution. All Exhibits attached hereto are incorporated herein and made a specific
part of this Resolution.
Section 2: The appropriate City Officials are HEREBY authorized to
execute the Agreements (attached hereto as Exhibits A and B) to allow temporary use
of Fire Rescue Equipment and Vehicle(s) as needed for daily operations between the
City of Tamarac and the City of North Lauderdale.
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F�
Temp. Reso #12009
Page 3
March 22, 2011
Section 3: All Resolutions or parts of resolutions in conflict herewith are
HEREBY repealed to the extent of such conflict.
Section 4: 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 in application, it shall not affect the validity of the remaining portion or
applications of this Resolution.
Section 5: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this day of , 2011.
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ATTEST: '.,0
qq • ...... •N•� �.
PETER M. J. RYCHARDSON, CRM
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
SAMUOL S. G&Elf
CITY ATTORNEY
a AA
LL�'1'1
PAMELA BUSHNELL, MAYOR
Record of COMMISSION VOTE:
DIST 1: COMM SWENSON
DIST 2: VM GOMEZ _ d�
DIST 3: COMM GLASSE A!-
DIST 4: COMM DRESSLER—=-
MAYOR BUSHNELL-
i
AGREEMENT 1,
By and Between s
CITY OF NORTH LAUDERDALE
And
CITY OF TAMARAC
Providing For
TEMPORARY USE OF
FIRE RESCUE AND EMERGENCY SERVICES'
EQUIPMENT AND/OR VEHICLES
This Agreement is made and entered into by and between CITY OF NORTH
LAUDERDALE, hereinafter referred to as "CITY OF NORTH LAUDERDALE,"
F 1re
CITY OF TAMARAC, a governmental entity organized and existing under the laws of
the State of Florida, its successors and assigns, hereinafter referred to as " LICENSEE."
WITNESSETH
WHEREAS, LICENSEE has requested and CITY OF NORTH LAUDERDALE agrees to
allow LICENSEE to temporarily utilize certain CITY OF NORTH LAUDERDALE-owned
equipment and/or vehicle(s) referenced herein for the LICENSEE purposes more fully
described herein;
NOW, THEREFORE, in consideration of the mutual terms, conditions, promises,
covenants and payments hereinafter set forth, CITY OF NORTH LAUDERDALE and
LICENSEE agree as follows:
ARTICLE 1
GENERAL PROVISION
1.1 This Agreement sets forth the terms and conditions related to the LICENSEE'S
temporary use of CITY OF NORTH LAUDERDALE-owned equipment and/or vehicles
for emergency response, as the LICENSEE'S need for such use shall arise during the
term of this Agreement.
V
1.2 In the event the LICENSEE has a need to temporarily use CITY OF NORTH
LAUDERDALE-owned equipment and/or vehicles, the LICENSEE'S City Administrator
shall submit a written request to the CITY OF NORTH LAUDERDALE'S Director of Fire
Rescue and Emergency Services detailing the type of equipment/vehicle(s) requested,
the reason for such request and the desired time period for such use. The LICENSEE'S
request will be made as soon as practicable based upon the fact and circumstances
surrounding the request. The CITY OF NORTH LAUDERDALE'S Director of Fire
Rescue and Emergency Services shall have the sole discretion as to whether the
request is approved or denied. The CITY OF NORTH LAUDERDALE makes no
representations or guarantees that the equipment and/or vehicle(s) will be available for
the LICENSEE'S use.
1.3 LICENSEE agrees to return said equipment and/or vehicle(s) clean and in the same
condition as when LICENSEE took possession of the equipment and/or vehicle(s),
except for normal wear and tear. In the event the equipment and/or vehicle(s) are not
returned in such condition, LICENSEE shall reimburse CITY OF NORTH
LAUDERDALE for any loss or damage. LICENSEE will not alter the vehicle(s) and/or
equipment without the expressed written permission of the CITY OF NORTH
LAUDERDALE. LICENSEE understands that the CITY OF NORTH LAUDERDALE
enters this Agreement as a public service and CITY OF NORTH LAUDERDALE makes
no express or implied warranty as to the operability or fitness of said equipment and/or
vehicle(s) for any purpose, and the equipment and/or vehicle(s) are being provided in
an "as is" condition.
1.4 LICENSEE recognizes and acknowledges that the equipment and/or vehicle(s) do not
give the LICENSEE or any of its officers, employees or agents the authority to act on
behalf of the CITY OF NORTH LAUDERDALE. Therefore, LICENSEE shall ensure that
its employees, officers, and agents do not represent to any third party that they are
acting on behalf of the CITY OF NORTH LAUDERDALE.
1.5 LICENSEE agrees that the equipment and/or vehicle(s) will only be used and/or
operated by personnel that are licensed, certified and trained to use and/or operate
such equipment and/or vehicle(s) and only for the purposes set forth in paragraph 1.2.
ARTICLE 2
COMPENSATION TO CITY OF NORTH LAUDERDALE
LICENSEE agrees to pay CITY OF NORTH LAUDERDALE the sum of One Dollar
($1.00) and other good and valuable considerations, the receipt and sufficiency of which is
hereby acknowledged by the parties, for LICENSEE'S right to use the CITY OF
LAUDERDALE'S owned equipment and/or vehicle(s) described herein for LICENSEE'S
referenced purposes.
ARTICLE 3
TERM AND TERMINATION OF AGREEMENT
3.1 The term of this Agreement shall commence on the date it is executed by the CITY OF
NORTH LAUDERDALE and remain in effect for a period of one (1) year, unless
otherwise terminated as provided herein. Thereafter this Agreement shall
automatically renew on an annual basis, unless otherwise terminated as provided
herein.
3.2 This Agreement may be terminated by the CITY OF NORTH LAUDERDALE upon
providing notice of such termination to the LICENSEE. Upon receipt of the CITY OF
NORTH LAUDERDALE'S notice of termination, the LICENSEE shall immediately return
the equipment and/or vehicle(s).
ARTICLE 4
NOTICES
Whenever either party desires to give notice unto the other, it must be given by written notice,
sent by certified 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 CITY OF NORTH LAUDERDALE:
With copy to: Ambreen Bhatty, City Manager
City of North Lauderdale
701 SW 71 Ave
North Lauderdale Fl, 33068
Rudy Neumann, Fire Chief
City of North Lauderdale Fire Rescue
6151 Bailey Road
North Lauderdale, FL 33068
FOR LICENSEE: Michael Cernech, City Manager
City of Tamarac
7525 NW 88t" Avenue
Tamarac, FL 33321
Mike Burton, Fire Chief
City of Tamarac Fire Rescue
6000 Hiatus Road
Tamarac, FL 33321
ARTICLE 5
LIABILITY INDEMNIFICATION AND INSURANCE
5.1 LICENSEE hereby knowingly, freely, and voluntarily assumes all liability for any and all
damage or injury to any person or property of whatsoever nature, which may occur as a
result of LICENSEE'S use and/or operation of the equipment and/or vehicle(s).
LICENSEE agrees to lease, waive, discharge and covenant not to sue the CITY OF
NORTH LAUDERDALE, its officers, agents, employees and volunteers from any and
all liability or claims which may arise, either directly or indirectly, out of LICENSEE'S
use or operation of said equipment and/or vehicle(s), including any claim based upon
the negligence, actions or inactions of CITY OF NORTH LAUDERDALE, its directors,
officers, deputies, employees, agents, representatives, volunteers, and/or servants.
5.2 Indemnification. LICENSEE shall to the extent permitted by law and subject to the
limitations contained in Section 768.28, Florida Statutes, indemnify, save harmless and,
at CITY OF NORTH LAUDERDALE's option, defend or pay for an attorney selected by
the CITY OF NORTH LAUDERDALE'S attorney to defend CITY OF NORTH
LAUDERDALE, its officers, agents, and employees against any and all claims, losses,
liabilities, and expenditures of any kind, including attorney fees, court costs, and
expenses, caused by any intentional or negligent act or omission of LICENSEE, its
employees, agents, or officers, or accruing, resulting from, or related to LICENSEE'S
use and/or operation of the referenced equipment and/or vehicle(s) including, without
limitation, any and all claims, demands, or causes of action of any nature whatsoever
resulting from injuries or damages sustained by, or alleged to have been sustained by,
any person or property. This provision shall survive the termination of this Agreement.
5.3 LICENSEE shall be responsible for repairing any and all physical damage to the
equipment and/or vehicle(s) incurred during the term of this Agreement. If any such
repair takes longer than thirty (30) calendar days, LICENSEE shall pay to CITY OF
NORTH LAUDERDALE any and all costs associated with the loss of use of such
vehicle and/or equipment. In the event a vehicle and/or equipment is damaged to the
extent of a total loss, LICENSEE shall pay to CITY OF NORTH LAUDERDALE the
replacement cost of the vehicle and/or equipment.
5.3 Insurance: LICENSEE and CITY OF NORTH LAUDERDALE agree to insure or self -
insure their respective interests in the equipment and/or vehicle(s) subject to this
Agreement to the extent each deems necessary or appropriate. LICENSEE hereby
waives all rights of subrogation under any policy or policies that each may carry on
property installed or placed on the premises.
F`
ARTICLE 6
MISCELLANEOUS
6.1 Amendments. There shall be no modifying amendments or alterations in the terms or
conditions contained herein which shall be effective unless contained in a written
document executed with the same formality and of equal dignity herewith.
6.2 Successors and Assigns. It is hereby covenanted and agreed among the parties hereto
that all covenants, conditions, agreements and undertakings contained in this
Agreement shall extend to and be binding on the respective successors and assigns of
the respective parties hereto.
6.3 Contract Administrators. CITY OF NORTH LAUDERDALE'S Contract Administrator for
this Agreement is the CITY OF NORTH LAUDERDALE'S Director of the Department of
Fire Rescue and Emergency Services or designee. LICENSEE'S Contract
Administrator for this Agreement is LICENSEE'S City Administrator or designee. In the
implementation of the terms and conditions of this Agreement, as contrasted with
matters of policy, all parties may rely upon instructions or determinations made by the
respective Contract Administrators.
6A Waiver. No waiver of any provision of this Agreement shall be effective unless it is in
writing, signed by the designated Contract Administrator for the party against whom it is
asserted and any such written waiver shall only be applicable to the specific instance to
which it relates and shall not be deemed a continuing or future waiver.
6.5 Merger. This document incorporates and includes all prior negotiations,
correspondence, conversations, agreements or understandings applicable to the
matters contained herein; and the parties hereto agree that there are no commitments,
agreements, or understandings concerning the subject matter of this Agreement that
are not contained in this document. Accordingly, the parties agree that no deviation
from the terms hereof shall be predicated upon any prior representations or
agreements, whether oral or written.
6.6 Modification. CITY OF NORTH LAUDERDALE and LICENSEE agree that no
modification, alteration or amendment in the terms and conditions contained herein
shall be effective unless contained in a written document executed with the same
formality and of equal dignity herewith.
6.7 Joint Preparation. The preparation of this Agreement has been a joint effort of the
parties and the resulting document shall not, solely as a matter of judicial construction,
be construed more severely against one party than the other.
6.8 Applicable Law and Venue. This Agreement shall be governed by the laws of the State
of Florida, and venue in any proceeding or action between the parties arising out of this
Agreement shall be in Broward County, Florida.
6.9 Severance. In the event this Agreement or a portion of this Agreement is found by a
court of competent jurisdiction to be invalid, the remaining provisions shall continue to
be effective unless CITY OF NORTH LAUDERDALE or LICENSEE elects to terminate
this Agreement. The election to terminate this Agreement based upon this provision
shall be made within seven (7) days after the finding by the court becomes final.
[Intentionally Left Blank]
d
AGREEMENT BY AND BETWEEN the CITY OF NORTH LAUDERDALE AND THE CITY
OF TAMARAC, BROWARD COUNTY, FLORIDA PROVIDING FOR TEMPORARY USE
OF FIRE RESCUE AND EMERGENCY SERVICES' EQUIPMENT AND/OR VEHICLE(S).
IN WITNESS WHEREOF, the parties execute this Agreement on the date(s) set forth
below:
CITY OF NORTH LAUDERDALE:
Direcof Fire Rescue and Emergency Services
AMBREEN BHATTY, CITY MANAGER
ATTEST:
Patricia Vancheri, City Clerk
Date: 3 i 14
Date: 3)t Ili
Date: 3 ',2' //
Approved as to form and legal sufficiency
Subject to execution by the parties:
By:
T E,4gm , ESQ.
- Ed Al- C0qNS6-2-
CITY OF TAMARAC:
I'AIIIIIy0
Dater r
a
Date:
Date:
1 C. Cernech, City Manager
Peter Richardson, Jtity Clerk
APPROVED AS TO FORM:
Samuel Z. Gordn,
Date: #)�/)) I
Date: r/2 2. 1,
AGREEMENT •
By and Between
CITY OF TAMARAC
And ----- --
CITY OF NORTH LAUDERDALE
Providing For
TEMPORARY USE OF
FIRE RESCUE AND EMERGENCY SERVICES'
EQUIPMENT AND/OR VEHICLES
This Agreement is made and entered into by and between the CITY OF
TAMARAC, hereinafter referred to as "CITY OF TAMARAC",
and
The CITY OF NORTH LAUDERDALE, a governmental entity organized and
existing under the laws of the State of Florida, its successors and assigns, hereinafter
referred to as "LICENSEE".
WITNESSETH
WHEREAS, LICENSEE has requested and CITY OF TAMARAC agrees to allow
LICENSEE to temporarily utilize certain CITY OF TAMARAC-owned equipment and/or
vehicle(s) referenced herein for the LICENSEE purposes more fully described herein.
NOW, THEREFORE, in consideration of the mutual terms, conditions, promises,
covenants and payments hereinafter set forth, CITY OF TAMARAC and LICENSEE
agree as follows:
ARTICLE 1
GENERAL PROVISION
1.1 This Agreement sets forth the terms and conditions related to the LICENSEE'S
temporary use of CITY OF TAMARAC-owned equipment and/or vehicles for
emergency response, as the LICENSEE'S need for such use shall arise during
the term of this Agreement.
1.2 In the event the LICENSEE has a need to temporarily use CITY OF TAMARAC-
owned equipment and/or vehicles, the LICENSEE'S City Administrator shall
submit a written request to the CITY OF TAMARAC'S Director of Fire Rescue
and Emergency Services detailing the type of equipment/vehicle(s) requested,
the reason for such request and the desired time period for such use. The
LICENSEE'S request will be made as soon as practicable based upon the fact
and circumstances surrounding the request. The CITY OF TAMARAC'S Director
of Fire Rescue and Emergency Services shall have the sole discretion as to
whether the request is approved or denied. The CITY OF TAMARAC makes no
representations or guarantees that the equipment and/or vehicle(s) will be
available for the LICENSEE'S use.
1.3 LICENSEE agrees to return said equipment and/or vehicle(s) clean and in the
same condition as when LICENSEE took possession of the equipment and/or
vehicle(s), except for normal wear and tear. In the event the equipment and/or
vehicle(s) are not returned in such condition, LICENSEE shall reimburse CITY
OF TAMARAC for any loss or damage. LICENSEE will not alter the vehicle(s)
and/or equipment without the expressed written permission of the CITY OF
TAMARAC. LICENSEE understands that the CITY OF TAMARAC enters this
Agreement as a public service and CITY OF TAMARAC makes no express or
implied warranty as to the operability or fitness of said equipment and/or
vehicle(s) for any purpose, and the equipment and/or vehicle(s) are being
provided in an "as is" condition.
1.4 LICENSEE recognizes and acknowledges that the equipment and/or vehicle(s)
do not give the LICENSEE or any of its officers, employees or agents the
authority to act on behalf of the CITY OF TAMARAC. Therefore, LICENSEE shall
ensure that its employees, officers, and agents do not represent to any third party
that they are acting on behalf of the CITY OF TAMARAC.
1.5 LICENSEE agrees that the equipment and/or vehicle(s) will only be used and/or
operated by personnel that are licensed, certified and trained to use and/or
operate such equipment and/or vehicle(s) and only for the purposes set forth in
paragraph 1.2.
ARTICLE 2
COMPENSATION TO CITY OF TAMARAC
LICENSEE agrees to pay CITY OF TAMARAC the sum of One Dollar ($1.00) and
other good and valuable considerations, the receipt and sufficiency of which is hereby
acknowledged by the parties, for LICENSEE'S right to use CITY OF TAMARAC-owned
equipment and/or vehicle(s) described herein for LICENSEE'S referenced purposes.
ARTICLE 3
TERM AND TERMINATION OF AGREEMENT
3.1 The term of this Agreement shall commence on the date it is executed by the
CITY OF TAMARAC and remain in effect for a period of one (1) year, unless
otherwise terminated as provided herein. Thereafter this Agreement shall
automatically renew on an annual basis, unless otherwise terminated as provided
herein.
3.2 This Agreement may be terminated by the CITY OF TAMARAC upon providing
notice of such termination to the LICENSEE. Upon receipt of the CITY OF
TAMARAC'S notice of termination, the LICENSEE shall immediately return the
equipment and/or vehicle(s).
ARTICLE 4
NOTICES
Whenever either party desires to give notice unto the other, it must be given by written
notice, sent by certified 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 CITY OF TAMARAC:
Michael Cernech, City Manager
City of Tamarac
7525 NW 88th Avenue
Tamarac, FL 33321
Mike Burton, Fire Chief
City of Tamarac Fire Rescue
6000 Hiatus Road
Tamarac, FL 33321
FOR LICENSEE: Ambreen Bhatty, City Manager
City of North Lauderdale
701 SW 71 Ave
North Lauderdale, FI 33068
Rudy Neumann, Fire Chief
North Lauderdale Fire Rescue
6151 Bailey Road
North Lauderdale, FL 33068
ARTICLE 5
LIABILITY INDEMNIFICATION AND INSURANCE
5.1 LICENSEE hereby knowingly, freely, and voluntarily assumes all liability for any
and all damage or injury to any person or property of whatsoever nature, which
may occur as a result of LICENSEE'S use and/or operation of the equipment
and/or vehicle(s). LICENSEE agrees to lease, waive, discharge and covenant not
to sue the CITY OF TAMARAC, its officers, agents, employees and volunteers
from any and all liability or claims which may arise, either directly or indirectly, out
of LICENSEE'S use or operation of said equipment and/or vehicle(s), including
any claim based upon the negligence, actions or inactions of CITY OF
TAMARAC, its directors, officers, deputies, employees, agents, representatives,
volunteers, and/or servants.
5.2 Indemnification. LICENSEE shall to the extent permitted by law and subject to the
limitations contained in Section 768,28, Florida Statutes, indemnify, save
harmless and, at CITY OF TAMARAC'S option, defend or pay for an attorney
selected by the CITY OF TAMARAC'S attorney to defend CITY OF TAMARAC,
its officers, agents, and employees against any and all claims, losses, liabilities,
and expenditures of any kind, including attorney fees, court costs, and expenses,
caused by any intentional or negligent act or omission of LICENSEE, its
employees, agents, or officers, or accruing, resulting from, or related to
LICENSEE'S use and/or operation of the referenced equipment and/or vehicle(s)
including, without limitation, any and all claims, demands, or causes of action of
any nature whatsoever resulting from injuries or damages sustained by, or
alleged to have been sustained by, any person or property. This provision shall
survive the termination of this Agreement.
5.3 LICENSEE shall be responsible for repairing any and all physical damage to the
equipment and/or vehicle(s) incurred during the term of this Agreement. If any
such repair takes longer than thirty (30) calendar days, LICENSEE shall pay to
CITY OF TAMARAC any and all costs associated with the loss of use of such
vehicle and/or equipment. In the event a vehicle and/or equipment is damaged to
the extent of a total loss, LICENSEE shall pay to CITY OF TAMARAC the
replacement cost of the vehicle and/or equipment.
5.3 Insurance: LICENSEE and CITY OF TAMARAC agree to insure or self -insure
their respective interests in the equipment and/or vehicle(s) subject to this
Agreement to the extent each deems necessary or appropriate. LICENSEE
hereby waives all rights of subrogation under any policy or policies that each may
carry on property installed or placed on the premises.
ARTICLE 6
MISCELLANEOUS
6.1 Amendments. There shall be no modifying amendments or alterations in the
terms or conditions contained herein which shall be effective unless contained in
a written document executed with the same formality and of equal dignity
herewith.
6.2 Successors and Assigns. It is hereby covenanted and agreed among the parties
hereto that all covenants, conditions, agreements and undertakings contained in
this Agreement shall extend to and be binding on the respective successors and
assigns of the respective parties hereto.
6.3 Contract Administrators. CITY OF TAMARAC'S Contract Administrator for this
Agreement is the CITY OF TAMARAC'S Director of the Department of Fire
Rescue and Emergency Services or designee. LICENSEE'S Contract
Administrator for this Agreement is LICENSEE'S City Administrator or designee.
In the implementation of the terms and conditions of this Agreement, as
contrasted with matters of policy, all parties may rely upon instructions or
determinations made by the respective Contract Administrators.
6.4 Waiver. No waiver of any provision of this Agreement shall be effective unless it
is in writing, signed by the designated Contract Administrator for the party against
whom it is asserted and any such written waiver shall only be applicable to the
specific instance to which it relates and shall not be deemed a continuing or
future waiver.
6.5 Merger. This document incorporates and includes all prior negotiations,
correspondence, conversations, agreements or understandings applicable to the
matters contained herein; and the parties hereto agree that there are no
commitments, agreements, or understandings concerning the subject matter of
this Agreement that are not contained in this document. Accordingly, the parties
agree that no deviation from the terms hereof shall be predicated upon any prior
representations or agreements, whether oral or written.
6.6 Modification. CITY OF TAMARAC and LICENSEE agree that no modification,
alteration or amendment in the terms and conditions contained herein shall be
effective unless contained in a written document executed with the same formality
and of equal dignity herewith.
6.7 Joint Preparation. The preparation of this Agreement has been a joint effort of
the parties and the resulting document shall not, solely as a matter of judicial
construction, be construed more severely against one party than the other.
6.8 Applicable Law and Venue. This Agreement shall be governed by the laws of the
State of Florida, and venue in any proceeding or action between the parties arising out
of this Agreement shall be in Broward County, Florida.
6.9 Severance. In the event this Agreement or a portion of this Agreement is found
by a court of competent jurisdiction to be invalid, the remaining provisions shall
continue to be effective unless CITY OF TAMARAC or LICENSEE elects to terminate
this Agreement. The election to terminate this Agreement based upon this provision
shall be made within seven (7) days after the finding by the court becomes final.
[Intentionally Left Blank]
AGREEMENT BY AND BETWEEN THE CITY OF TAMARAC AND THE CITY OF
NORTH LAUDERDALE, BROWARD COUNTY, FLORIDA PROVIDING FOR
TEMPORARY USE OF FIRE RESCUE AND EMERGENCY SERVICES'
EQUIPMENT AND/OR VEHICLE(S).
IN WITNESS WHEREOF, the parties execute this Agreement on the date(s) set forth
below:
CITY OF TAMARAC:
of Fire Rescue and Emergency Services
A T:
Peter Richirdson, City Clerk
Approved as to form and legal sufficiency
Subject to execution by the parties:
By: _ "'A /�,
SamurA S. Gore , City Attorney
CITY OF NORTH LAUDERDALE:
By: J
M Rr551
APPROVED AS TO FORM:
MANAG EF--
ol
t.5P, C)'A4 - L' owise/
Date: Z�-Lk- L
Date: W11111
Date: L121l1/
Date: F i
Date: lwli i
TR 12009 - EXHIBIT C
RESOLUTION NO. 1 %- 09 " %f070
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
NORTH LAUDERDALE, FLORIDA, AUTHORIZING THE CITY
MANAGER OR HER DESIGNEE TO ENTER INTO TWO SEPARATE
AGREEMENTS BY AND BETWEEN THE CITY OF TAMARAC AND
THE CITY OF NORTH LAUDERDALE, BROWARD COUNTY,
FLORIDA PROVIDING FOR TEMPORARY USE OF FIRE RESCUE
AND EMERGENCY SERVICES' EQUIPMENT AND/OR VEHICLE(S)
AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF NORTH
LAUDERDALE, FLORIDA:
Section 1: That the City Commission of the City of North Lauderdale, Florida, authorizes the City
Manager or her designee to enter into two separate agreements between the City of North Lauderdale
and the City of Tamarac for the temporary use of a Fire Rescue and Emergency Services' equipment
and/or vehicle(s) for daily emergency operations.
Section 2: That this Resolution shall take effect immediately upon adoption.
PASSED and ADOPTED by the City Commission of the City of North Lauderdale, Florida, this 22nd
day of February, 2011.
APPROVED AS TO LEGAL FORM:
CITY AtromgV A'94Uft S. GOREN
i rTOR JACK B
ATTEST:
PATRICIA VANCHERI, CITY CLERK