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HomeMy WebLinkAboutCity of Tamarac Resolution R-2017-107Temp. Reso. #13014 September 27, 2017 Page 1 of 3 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 Page 2 of 3 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 All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict.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 Page 3of3 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 } Page 1 of 7 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 } Page 2 of 7 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 } Page 3 of 7 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 } Page 4 of 7 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] Page 5 of 7 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 } Page 6 of 7 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 Page 7 of 7 Rocio Blanco Garcia (Date) Assistant County Attorney