HomeMy WebLinkAboutCity of Tamarac Resolution R-2015-103Temp. Reso #12708 — 9/22/15
Rev. 1 — 10/15/15
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2015-&3
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, APPROVING A REQUEST FROM
THE MUSCULAR DYSTROHPHYASSOCATION OF SOUTH
FLORIDA TO WAIVE FEES FOR THE MDA MUSCLE WALK
TO BE HELD AT TEPHFORD PARK ON SUNDAY,
FEBRUARY 14, 2016, FROM 10.00 A.M. TO 1.00 P.M.;
PROVIDING FOR PERMITS, PROPER INSURANCE, AND
EXECUTION OF A HOLD HARMLESS AGREEMENT;
PROVIDING FOR EXECUTION OF A LICENSE
AGREEMENT; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Director of Parks and Recreation has received a request from the
Muscular Dystrophy Association (MDA) of South Florida to waive fees for their Muscle
Walk event to be held at Tephford Park on Sunday, February 14, 2016, from 10:00 a.m. to
1:00 p.m.; and
WHEREAS, the MDA is a non-profit health agency dedicated to finding treatments
and cures for muscular dystrophy, amyotrophic lateral sclerosis (ALS) and other
neuromuscular diseases and MDA of South Florida oversees the medical, emotional and
clinical needs of over 1,600 registered MDA families; and
WHEREAS, through the MDA Muscle Walk, funds are raised to support MDA's life
enhancing programs, including State of the Art clinics and support groups, and to provide
MDA summer camp for children with muscle disease; and;
C
Temp. Reso #12708 — 9/22/15
Rev. 1 — 10/15/15
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WHEREAS, the City of Tamarac, Florida, wishes to support the MDA for the MDA
Muscle Walk 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
WHEREAS, the Director of Parks and Recreation recommends that the City of
Tamarac waive fees for the MDA Muscle Walk event to be held at Tephford Park
February 14, 2016; 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 waive fees for the
MDA Muscle Walk event to be held at Tephford Park February 14, 2016.
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.
All exhibits attached hereto are hereby incorporated herein by this reference.
SECTION 2: That the request for the City of Tamarac to waive fees, as listed below,
for the MDA Muscle Walk event to be held at Tephford Park February 14, 2016, is
HEREBY APPROVED subject to Section 3 and Section 4 below.
Temp. Reso #12708 — 9/22/15
Rev. 1 — 10/15/15
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• Use of Tephford Park for Walk-A-Thon type event on Sunday, February 14, 2016
from 10:00 a.m. to 1:00 p.m.
• Use of the parking facilities at the Tamarac Sports Complex during the Muscle
Walk event
• Waiver of shelter rental fees
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 Hold Harmless Agreement as furnished by the City,
are provided to the City prior to the event.
SECTION 4: That approval is subject to an executed License Agreement, attached
hereto as "Exhibit 1 ", being provided to the City.
SECTION 5: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 6: 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.
Temp. Reso #12708 — 9/22/15
Rev. 1 — 10/15/15
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SECTION 7: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this ;f day of2015.
1
HARRY DRESSLER
MAYOR
ATTEST:
L�ow ;u��
PATRICIA TEL)FEV CMC
CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: VICE MAYOR BUSHNELL
DIST 2: COMM. GOMEZ
DIST 3: COMM. GLASSER
DIST 4: COMM. PLACKO
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
S UEL S. GO EN
CITY ATTORNEY
1
Temp. Reso. #12708 —Exhibit 1
CITY OF TAMARAC
LICENSE AGREEMENT
T I IS A LICENSE AGREEMENT ("Agreement'), made this a '"" day of
2015, by and between:
CITY OF TAMARAC, FLORIDA, a municipal corporation organized and existin
under the laws of the State of Florida, with a business address of 7525 N.W. 88t
Avenue, Tamarac, Florida 33321, hereinafter referred to as "CITY"
and
MUSCULAR DYSTROPHY ASSOCIATION, INC., a New York Corporation,
organized and existing under the laws of the State of New York, with a principal
address of 222 South Riverside Plaza, Suite 1500, Chicago Illinois 60606,
hereinafter referred to as "LICENSEE". CITY and LICENSEE may hereafter be
collectively referred to as "PARTIES".
NOW THEREFORE, in exchange for the mutual promises set forth herein, the
PARTIES hereby agree as follows:
DESCRIPTION OF THE PREMISES
CITY hereby grants to LICENSEE the right, license, and privilege of occupying and using the
walking path and two shelters at Tephford Park, 10003 Southgate Boulevard, Tamarac, Florida,
33321, and the parking lot at the Tamarac Sports Complex located at 9901 NW 77th Street,
Tamarac, Florida 33321, as described in "Exhibit A", hereinafter referred to as "Premises", for the
purpose of providing a Walk a Thon event ("Event").
2. COMPENSATION
There shall be no fee to LICENSEE for the use of the space at Tephford Park and the Tamarac
Sports Complex. No security deposit is required. LICENSEE agrees to reimburse the City of
Tamarac a fee of $150.00 for use of a bus and bus driver to shuttle Event participants from the
Tamarac Sports Complex to Tephford Park.
3. TERM
The term of this agreement shall be effective commencing on February 14, 2016, at 12:01 a.m. to
February 15, 2016 at 12:00 a.m., or in the event of circumstances described in Section 4 of this
Agreement to alternatively commence on February 28, 2016 at 12:01 a.m. and expire on February
29, 2016 at 12:00 a.m. This License Agreement may be renewed upon the mutual consent of the
PARTIES.
4. USE OF PREMISES
LICENSEE may use and occupy the Premises to provide a Walk a Thon event on Sunday, February
14, 2016 with a rainout date of Sunday, February 28, 2016 from 8:00 am to 1:00 pm. LICENSEE
agrees to provide its own equipment. For the purposes of this Agreement, the term "rainout date"
shall mean an alternate date scheduled for the Event to be utilized only if the original date and
time(s) are cancelled or irreparably delayed or postponed due to inclement weather or other natural
occurrence beyond the control of the PARTIES and not subject to the CITY's emergent use of the
Premises as described in this Agreement.
CITY and LICENSEE agree to perform the services as described in "Exhibit B", attached hereto
and incorporated herein and made a specific part hereof.
LICENSEE's use of the Premises shall be limited to the staging of the Event. Any and all prepared
foods must be properly prepared, labeled, delivered, and served in accordance with all applicable
government regulations. LICENSEE agrees not to sell any product that CITY believes is non-
conforming to such regulations.
The PARTIES agree that this Agreement shall grant a revocable non-exclusive license to
LICENSEE where, upon reasonable notice to the LICENSEE, the CITY may use the Premises for a
class or function, thereby limiting LICENSEE's use of the Premises and possibly rendering the
Premises unavailable to the LICENSEE. LICENSEE will notify the CITY prior to its scheduled use
of the premises when the premises will not be used or occupied by LICENSEE. All activities at the
Premises must be supervised at all times by a representative of the LICENSEE.
CITY, at its sole discretion, may prohibit the use of Premises during any of the times LICENSEE is
scheduled to occupy the Premises in the event of inclement weather, designated emergency, or due to
other circumstances which may arise that are beyond either Parry's control.
ASSIGNMENT
LICENSEE shall have no authority to assign any portion of the Premises licensed under this
Agreement. Should LICENSEE attempt to assign this license, then the license shall be immediately
terminated forthwith without prior notice to LICENSEE, and CITY shall be entitled to pursue any
available damages as a result.
DAMAGE TO PREMISES
LICENSEE agrees that all personal property, inventory, or stock placed on the Premises shall
remain the property of LICENSEE, and shall be placed on the Premises at the risk of LICENSEE.
LICENSEE shall give the CITY immediate written notice of any occurrence, loss, incident, or
accident occurring on the licensed Premises. All property of LICENSEE shall be removed from the
premises on each day the premises are not occupied by the LICENSEE. Following each day
LICENSEE uses or occupies the premises it shall return the premises to CITY in the same condition
in which it was provided, normal wear and tear excepted. LICENSEE shall be responsible for any
and all damage to the Premises which occurs during LICENSEE's use thereof.
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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 LICENSEE is properly using and maintaining the Premises
according to this Agreement. CITY, its agents or authorized employees, shall also be permitted to
inspect the Premises upon LICENSEE's release of Premises to ensure it is in substantially the same
condition as delivered to LICENSEE.
8. INDEMNIFICATION
To the extent permitted by law, LICENSEE shall indemnify and hold 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 error, omission, or
negligent act of LICENSEE, 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 arising out of or in connection with the uses or operations permitted under this
License Agreement, including appellate fees and costs. Nothing in this section is intended to alter or
waive the CITY's entitlement to statutory or common law sovereign immunity, or to extend the
CITY's liability beyond the limits established in Section 768.28, Florida Statutes, as may be
amended. Moreover, nothing herein shall be construed as CITY's agreement to be sued by third
parties.
The PARTIES recognize that various provisions of this Agreement, including but not necessarily
limited to this Section, provide for indemnification by the LICENSEE and requires a specific
consideration be given therefore. The PARTIES therefore agree that the sum of One Hundred and
00/100 Dollars ($100.00), of the payment paid hereunder, is the specific consideration for such
indemnities, and the providing of such indemnities is deemed to be part of the specifications with
respect to the services to be provided by LICENSEE. Furthermore, the PARTIES understand and
agree that the covenants and representations relating to this indemnification provision shall serve
the term of this License Agreement and continue in full force and effect as to the Party's
responsibility to indemnify. The obligations of this Section 8 shall survive the termination or
expiration of this License Agreement.
In addition, LICENSEE shall insure that any participants who participate in any of the Programs
sponsored by LICENSEE pursuant to this Agreement shall execute any necessary disclaimers,
releases, or other documents that shall release the CITY from any liability associated with the
programs described herein.
9. INSURANCE
LICENSEE shall obtain, at LICENSEE's expense, all necessary insurance in such form and amount
as required by the CITY's Risk and Safety Manager before beginning any performance of work
under this Agreement including, but not limited to, General Liability Insurance, Workers'
Compensation Insurance, Unemployment Insurance, Professional Liability (where applicable) and
all other insurance required by law. LICENSEE shall maintain such insurance in full force and
effect during the life of this License Agreement. LICENSEE shall provide to the CITY's Risk and
Safety Manager certificates of all insurance required under this section prior to beginning any work
under this Agreement. The LICENSEE will ensure that any subcontractors/vendors of LICENSEE
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comply with the above guidelines and will retain all necessary insurance in force throughout the
term of this License Agreement. LICENSEE shall indemnify and hold the CITY harmless for any
damages resulting from the failure of LICENSEE to take out and maintain such insurance
throughout the term of this License Agreement. LICENSEE's Liability Insurance policies shall be
endorsed to add the CITY as an additional insured. LICENSEE shall be responsible for payment of
all deductibles and self-insurance retentions on LICENSEE's Liability Insurance policies. Any
requested waiver of insurance as required may be granted at the sole discretion of the CITY's Risk
and Safety Manager.
10. MAINTENANCE OF LICENSED PREMISES
The LICENSEE 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. LICENSEE covenants that no nuisance or
hazardous substance 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. LICENSEE shall not permit
the licensed Premises to be used or occupied in any manner which will violate any laws or
regulations of any governmental authority.
11. AMENDMENTS
It is agreed that no modifications, amendment, or alteration in the terms or conditions contained
herein shall be effective unless contained in a written document executed by the PARTIES with the
same formality and of equal dignity herewith.
12. SURRENDER UPON TERMINATION
Upon termination of this License Agreement, LICENSEE agrees to peaceably surrender and deliver
the premises to the CITY in substantially the same condition as it was delivered to LICENSEE at
the commencement of this Agreement and as more particularly described herein.
Furthermore, LICENSEE agrees to remove from the Premises at its expense, any personal property
or inventory placed therein. Upon completion of such removal, the CITY may assess the condition
of the Premises to ensure that it shall be safe and not contain a hazard.
13. WAIVER
Failure of the CITY to insist upon strict performance of any covenant or condition of this License
Agreement, or to execute any right herein contained, shall not be construed as a waiver or
relinquishment for the future enforcement of any such covenant, condition or right, but the same
shall remain in full force and effect.
14. TERMINATION
CITY shall be entitled to terminate this License Agreement for cause or convenience with thirty
(30) days notice. Upon notification of any breach or other concern of CITY, LICENSEE has fifteen
(15) days to cure. Upon termination, LICENSEE agrees to immediately vacate the Premises,
without the need for any formal eviction procedures.
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At the expiration of the Term of this Agreement, or in the event of termination by CITY,
LICENSEE shall vacate the Premises in broom -clean condition and deliver the Premises to CITY in
its original condition as further described herein. In addition, LICENSEE shall promptly remove all
of LICENSEE's personal property, equipment and inventory from the Premises. Upon
LICENSEE's failure to do so, CITY may remove LICENSEE's personal property, equipment, and
inventory from the Premises and have them delivered to LICENSEE, placed in storage at
LICENSEE's expense or discarded, at CITY's sole discretion. All perishable items will be
disposed of as CITY deems appropriate, without compensation to LICENSEE.
LICENSEE acknowledges and agrees that CITY shall have no liability to LICENSEE, for
incidental or consequential damages, loss of business, or otherwise, for terminating this License
Agreement in accordance with the terms set forth above.
15. INDEPENDENT CONTRACTOR
This Agreement does not create an employee/employer relationship between the PARTIES. It is the
intent of the PARTIES that the LICENSEE is an independent contractor under this Agreement and
not the CITY's employee for any and 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 Florida unemployment insurance
law. The LICENSEE shall retain sole and absolute discretion in the judgment of the manner and
means of carrying out LICENSEE's activities and responsibilities hereunder. The LICENSEE
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 LICENSEE and the CITY and the CITY will not be
liable for any obligation incurred by LICENSEE, including but not limited to unpaid minimum
wages and/or overtime premiums.
16. NOTICES
Whenever any party desires to give notice unto any 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 and the
remaining party, 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 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 C. Cernech, City Manager
City of Tamarac
7525 NW 88 Avenue
Tamarac, Florida 33321
Telephone No. (954) 597-3510
Facsimile No. (954) 597-3520
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Copy To: Samuel S. Goren, 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
LICENSEE: Rebecca Divine
Muscular Dystrophy Association, Inc.
2500 Quantum Lakes Drive, Suite 212
Boynton Beach, Florida 33426
Telephone: (561) 742-3748/Cell: (561) 267-8480
E mail: rdivine@mdausa.org
17. BINDING AUTHORITY
Each person signing this Agreement on behalf of CITY and LICENSEE 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
LICENSEE 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.
20. NON-DISCRIMINATION
Neither party shall discriminate against any employee, person, or participant operating pursuant to,
by, or in accordance with this Agreement regardless of race, color, sex (including pregnancy),
religion, age, national origin, marital status, political affiliation, familial status, sexual orientation,
gender identity and expression, or disability.
21. GOVERNING LAW
This Agreement shall be governed by the laws of the State of Florida with venue for any legal
action lying in Broward County, Florida.
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22. ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement between the CITY and the
LICENSEE and supersedes all prior negotiations, representations or agreements, either written or
oral.
THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT 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.
`\�� � III I I I I I / //// CITY OF TAMARAC FLORIDA
ATTEST: \��� �p'BAC �,�
O>
oiy:
4
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�_ ael . Cernech, City Ma ger
atricia Teufe1, CMC, its �rerk �" �°' �Qy
APPROVED AS TO FORM:
07 vu Olt,* i ch
Offi e of the City A orney
Signed and delivered
in the presence of:
P t Name
Print Name
STATE OF FLORIDA
COUNTY OF BROWARD
I HERE Y CE TIFY that on this
appeare E personally
instrument and acknowledged before
personally known to me or produced
DESHA MARGARET PENCHEFF
MY COMMISSION #FF139560
Commission Expires:
MUSCULAR DYSTROPHY ASSOCIATION,
INC.
BY:
Line indr-ofsing Co +a n-At
W%' day of D ��. 2015, before me personally
known to be the individual who executed the foregoing
that he executed this same for the
Not NVuHlic, State of F
Commission No.
is
Page 8 of 11
EXHIBIT "A" Page 1 of 2
TEPHFORD PARK
Page 9 of 11
EXHIBIT "A" Page 2 of 2
TAMARAC SPORT COMPLEX
Page 10 of 11
EXHIBIT "B"
LICENSEE Responsibilities:
1. LICENSEE will supervise operations of the Muscle Walk event to include but not limited
to:
a. Enforce event hours and ensure that participants behave in an appropriate manner.
b. Ensure cleanup and sanitation of site and must leave the premises as they were found
leaving behind no trash or debris.
2. LICENSEE will provide the CITY with copies of signed participant waivers.
3. LICENSEE will serve as liaison for participants to the City of Tamarac.
4. LICENSEE will be responsible for submitting all advertisements, flyers, banners and
promotional materials to the City for prior approval.
5. LICENSEE will pay CITY $150.00 for shuttle.
City of Tamarac Responsibilities
1. CITY will provide access to the Premises from 7:30am — 2:00pm on Sunday, February 14,
2016 and, if needed, during the same time period on Sunday, February 28, 2016.
2. CITY will provide trash receptacles for event date.
3. CITY will provide access to restrooms for event attendees.
4. CITY will provide one (1) bus with driver from 9:30 a.m. to 1:30 p.m.
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