HomeMy WebLinkAboutCity of Tamarac Resolution R-2017-107Temp. Reso. #13014
September 27, 2017
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2017- / 0 /
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, APPROVING THE LICENSE
AGREEMENT WITH BROWARD COUNTY COMMISSIONER
MICHAEL UDINE FOR OFFICE SPACE IN CITY HALL;;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Broward County Commissioner Michael Udine requested the City of
Tamarac to provide him with office space within which to serve his constituents which
include the residents of the City of Tamarac; and
WHEREAS, the provision of such space serves the needs of the residents of our
community to meet with and obtain the services of their County Commission district
representative; and
WHEREAS, the Broward County Commission has accepted the terms and
conditions of this License Agreement as they have voted to approve it at their last
commission meeting, 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 this License Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA:
Temp. Reso. #13014
September 27, 2017
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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.
Section 2. The City Commission of the City of Tamarac hereby approves the
License Agreement with Broward County, Florida, a copy of which is attached hereto as
Exhibit "A" and incorporated herein by reference, which affords office space to Broward
County Commissioner Michael Udine within the City of Tamarac.
Section 3. The appropriate City officials are hereby authorized and directed to
take any and all action necessary to effectuate the intent of this resolution.
Section 4. All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
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.
Temp. Reso. #13014
September 27, 2017
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PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC,
FLORIDA THIS 27th DAY OF SEPTEMBER, 2017.
CITY OF AMARAC FLO
HARRY ENRESSLER, MAYOR
ATTEST:
PATRICIA TEUFEL, CIS a
CITY CLERK �j
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1:
COMM. BOLTON o
DIST 2:
COMM. GOMEZ
DIST 3:
COMM. FISHMAN l
DIST 4:
V/M. PLACKO
APPROVED AS TO FORM:
i
SAM S. GOREN
CITY ATTORNEY
r
LICENSE AGREEMENT ('
This License Agreement (the "Agreement") is made this �7 day of Je iflk, 2017, by
and between the City of Tamarac ("City") and Broward County ("County"), a political
subdivision of the State of Florida. The City and the County are collectively referred to as the
"Parties."
1. DESCRIPTION OF THE PREMISES
City hereby grants to County the right, license, and privilege of occupying and maintaining
certain City -owned premises and improvements located at 7525 NW 88ffi Ave., Tamarac, FL
33321, specifically the 16x10 office located at the entrance to City Hall, next to Commission
Chambers (hereinafter referred to as the "Premises" or "Property"), subject to the terms and
conditions set forth in this Agreement.
2. COMPENSATION
No payment shall be made by the County for the privileges granted herein. No security deposit
is required.
3. TERM
This Agreement shall terminate at 5:00 p.m. on September 30, 2018, unless terminated prior
thereto as provided for below, and shall be renewable thereafter upon mutual consent of the
Parties. The County hereby authorizes the County Administrator to enter into such renewal(s)
provided there are no changes to the substantive terms of the License.
4. USE OF PREMISES
County shall use and occupy the Premises only for office use in connection with official business
of County Commissioner Michael Udine, as a Member of the Board of County Commissioners,
and the Premises shall not be used for any other purpose whatsoever without the written consent
of the City. County covenants that it will not, without written consent of the City, permit the
Premises to be used or occupied by any other person, firm, entity, or corporation other than the
County and its agents. County further covenants that no nuisance or hazardous trade or
occupation shall be permitted and nothing shall be kept in or about said Premises which will
increase the risk of any hazard, fire, or catastrophe, and no waste shall be permitted or committed
upon or any damage done to said Premises. County shall not permit the licensed Premises to be
used or occupied in any manner that will violate any laws or regulations of any governmental
authority.
5. ASSIGNMENT
County shall have no authority to assign any portion of the Premises during the Term of this
Agreement. Should County attempt to assign this license, then the license shall be terminated
forthwith without prior notice to County.
(00095818.1 1956-7601851 }
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I
6. DAMAGE TO PREMISES
County agrees that all personal property, inventory, or stock placed on the Premises shall remain
the property of County, and shall be placed on the Premises at the risk of County. County shall
give the City prompt written notice of any occurrence, loss, incident, or accident occurring on the
licensed Premises.
7. INSPECTIONS
City, its agents, or authorized employees may enter upon the Premises at all reasonable times and
hours, to examine same to determine if County is properly maintaining the Premises according to
this Agreement. Advance notice of such examination shall be provided except where City is
reasonably concerned that emergency conditions may exist.
8. INDEMNIFICATION
To the extent permitted by law, County shall indemnify and save harmless and defend the City,
its trustees, elected and appointed officials, agents, servants, and employees from and against any
claim, demand, or cause of action of whatsoever kind or nature arising out of any error,
omission, or negligent act of County, its agents, servants, or employees in the use of the
Premises, for all costs, losses, and expenses, including but not limited to, damages to persons or
property, judgments, and attorneys' fees.
9. INSURANCE
County shall provide, pay for, and maintain in force, at all times during the term of this
Agreement, the kinds and types of insurance as are required by Broward County Board of
County Commissioners, if any.
10. MAINTENANCE OF LICENSED PREMISES AND UTILITIES
City agrees to provide janitorial services and electricity to the Premises at no additional cost. The
County agrees to maintain the Premises and all personal property placed thereon in accordance
with the terms and conditions of this Agreement and consistent with prudent and well -reasoned
maintenance procedures and techniques.
11. AMENDMENTS
It is agreed that no modification, amendment, or alteration in the terms or conditions contained
herein shall be effective unless contained in a written document executed with the same
formality and of equal dignity herewith.
(00095818.1 1956-7601851 }
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12. SURRENDER UPON TERMINATION
Upon the conclusion of the term, or upon termination of this Agreement, County agrees to
peaceably surrender and deliver the premises to the City in substantially the same condition as it
was delivered to County at the beginning of this Agreement, ordinary wear and tear excluded.
Furthermore, County agrees to remove from the Premises, at its expense, any personal property
or inventory placed therein. Upon completion of removal, the condition of the Premises shall be
safe and not a hazard.
13. WAIVER
Failure of the City to insist upon strict performance of any covenant or condition of this
Agreement, or to execute any right herein contained, shall not be construed as a waiver or
relinquishment for the future of any such covenant, condition, or right, but the same shall remain
in full force and effect.
14. TERMINATION
This Agreement may be terminated by either party during the term hereof upon ninety (90)
calendar days written notice to the other of its desire to terminate this Agreement.
15. INDEPENDENT CONTRACTOR
This Agreement does not create an employee/employer relationship between the parties. It is the
intent of the parties that the County is an independent contractor under this Agreement and not
the City's employee for all purposes, including but not limited to, the application of the Fair
Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution
Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal
Revenue Code, the State Workers Compensation Act, and the State unemployment insurance
law. The County shall retain sole and absolute discretion in the judgment of the manner and
means of carrying out County's activities and responsibilities hereunder. The County agrees that
it is a separate and independent enterprise from the City, that it has full opportunity to find other
business, that it make its own investment in its business, and that it will utilize a high level of
skill necessary to perform the work. This Agreement shall not be construed as creating any joint
employment relationship between the County and the City will not be liable for any obligation
incurred by County, including but not limited to unpaid minimum wages and/or overtime
premiums.
16. NOTICES
Whenever either parry desires to give notice to the other party, it must be given by written notice,
sent by registered United States mail, with return receipt requested, hand delivery, or facsimile
transmission, with receipt of delivery, addressed to the party for whom it is intended, at the
places last specified, and the places for giving of notice shall remain such until they shall have
been changed by written notice in compliance with the provisions of this section. Notice shall be
(00095818.1 1956-7601851 }
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f A
deemed to have been given upon receipt. For the present, the LICENSEE and the CITY
designate the following as the respective places for giving of notice:
CITY: Michael Cernech, City Manager
City of Tamarac
7525 NW 881h Avenue
Tamarac, Florida 33321
Telephone No. (954) 597-3510
Facsimile No. (954) 597-3520
Copy To: Samuel S. Goren, City Attorney
Josias, 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
LICENSEE: Commissioner Michael Udine
Broward County Board of County Commissioners
115 S. Andrews Ave., Room 421
Fort Lauderdale, FL 33301
Copy to: County Attorney
Office of the County Attorney
115 S. Andrews Ave., Room 423
Fort Lauderdale, FL 33301
17. BINDING AUTHORITY
Each person signing this Agreement individually warrants that he or she has full legal power to
execute this Agreement on behalf of the party for whom he or she is signing, and to bind and
obligate such party with respect to all provisions contained in this Agreement.
18. LAWS AND ORDINANCES
County shall observe all laws and ordinances of the City, county, state, federal, or other public
agencies directly relating to the operations being conducted on the Premises.
19. SEVERABILITY
If any provision of this Agreement or application thereof to any person or situation shall to any
extent be held invalid or unenforceable, the remainder of this Agreement, and the application of
such provisions to persons or situations other than those as to which it shall have been held
invalid or unenforceable, shall not be affected thereby, and shall continue in full force and effect,
and be enforced to the fullest extent permitted by law.
{00095818.1 1956-7601851 }
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20. GOVERNING LAW
This Agreement shall be governed by the laws of the State of Florida with venue lying in
Broward County, Florida.
21. ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement between the City and the County
regarding the subject matter hereof, and supersedes all prior negotiations, representations or
agreements, either written or oral, regarding such subject matter.
(00095818.1 1956-7601851 )
[Remainder of page intentionally blank]
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IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the
day and year first written above.
ATTEST:
Pat Teufel, City erk
APPROVED AS TO FORM:
C- I L bp�
City Attrney
STATE OF FLORIDA
COUNTY OF BROWARD
CITY OF TAMARAC, FLORIDA
r,By ��
/eft„ ressler, Mayor
I HEREBY CERTIFY that on this 27 day of 11 ' / s 2017, before me personally
appeared pp ?h°,6/G%?�l�l;t0 Y, Mayor of the City of Tamarac, to me personally known to be the
individual who executed the foregoing instrument and acknowledged before me that he executed
the same for the purposes therein, express on behalf of City of Tamarac is personally known to
me or produced as identification.
Notary Public, State Hoff Florida /
Print Name:
Commission No. �f- 13 51e
Commission Expires:
TINA M. WHEATLEY
: All ; Notary Public - State of Florida
o ; ; My Comm. Expires. Aug 6. 2018
�' 'o1= Commission # FF 135878
%P, Bonded Through National Notary Assn.
(00095818.1 1956-7601851 }
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Broward County, Florida, signing by and through its Mayor or Vice -Mayor, authorized to
execute same by Board action on the day of September , 2017.
ATTEST:
Broward County Administrator, as
Ex-officio Clerk of the Broward County
Board of County Commissioners
Insurance requirements
approved by Broward County
Risk Management Division
In
Signature (Date)
Print Name and Title above
{000958181 1956-7601851}
COUNTY
BROWARD COUNTY, by and through
its Board of County Commissioners
By
Bertha Henry, County Administrator
day of September, 2017
Approved as to form by
Joni Armstrong Coffey
Broward County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-7641
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Rocio Blanco Garcia (Date)
Assistant County Attorney