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HomeMy WebLinkAboutCity of Tamarac Resolution R-2015-121Temp. Reso. #12720 10/16/15 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2015-f d-/ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING A REQUEST ON BEHALF OF THE AMERICAN CANCER SOCIETY FOR WAIVER OF FEES AND IN -KIND SUPPORT FOR THE TAMARAC RELAY FOR LIFE EVENT BENEFITTING THE AMERICAN CANCER SOCIETY TO BE HELD AT THE TAMARAC SPORTS COMPLEX ON SATURDAY, APRIL 16, 2016; PROVIDING FOR PERMITS, PROPER INSURANCE AND EXECUTION OF 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 on behalf of the American Cancer Society to waive fees and for certain in -kind support services for the Tamarac Relay for Life event to be held at the Tamarac Sports Complex on Saturday, April 16, 2016; and WHEREAS, the American Cancer Society is a non-profit volunteer organization dedicated to finding a cure for cancer and "Relay for Life" is their signature event; and WHEREAS, the City of Tamarac, Florida, wishes to support the American Cancer Society for the Tamarac Relay for Life event which is an event that brings 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 1 Temp. Reso. #12720 10/16/15 Page 2 WHEREAS, the Director of Parks and Recreation recommends that the City of Tamarac waive fees and provide certain in -kind support services for the Tamarac Relay for Life event to be held at the Tamarac Sports Complex on Saturday, April 16, 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 and provide certain in -kind support services for the Tamarac Relay for Life event to be held at the Tamarac Sports Complex on Saturday, April 16, 2016. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: 1 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 provide certain in -kind support services as listed below for the Tamarac Relay for Life event to be held at the Tamarac Sports Complex on Saturday, April 16, 2016, is HEREBYAPPROVED, subject to Section 3 and Section 4 below. • Use of City chairs (75) and tables (10) • Use of the City's Showmobile • Use of the City's portable PA system Temp. Reso. #12720 10/16/15 Page 3 • City to provide assistance with promotion of event • Assignment of City representative to serve as logistic coordinator • Waiver of special event permit fees • Waiver of field and room rental fees • Waiver of tent permit fee SECTION 3: That approval is subject to all other appropriate permits being obtained prior to the event and that proper insurance coverage and an executed Hold Harmless Agreement is provided to the City prior to the event in a form acceptable to the City's Risk/Safety Manager. 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. #12720 10/16/15 Page 4 SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day of 4, 2015. .•• D. MAYOR ATTEST: PATRICIA TEb FIT, E , CM C CITY CLERK RECORD OF COMMISSION VOTE: MAYOR DRESSLER DIST 1: COMM. BUSHNELL DIST 2: COMM. GOMEZ DIST 3: VICE MAYOR GLASSER DIST 4: COMM. PLACKO I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM � EL S. G REN CITY ATTORNEY i �l Temp. Reso. #12720 — Exhibit 1 CITY OF TAMARAC LICENSE AGREEMENT THIS IS A LICENSE AGREEMENT ("Agreement"), made this Z-day of "&Id) , 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. 88 Avenue, Tamarac, Florida 33321, hereinafter referred to as "CITY" and AMERICAN CANCER SOCIETY, a 501(c)(3) tax exempt organization, with an address of 3363 W. Commercial Boulevard, Ft. Lauderdale, Florida 33309, 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 Tamarac Sports Complex, 9901 N.W. 77 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 the Tamarac Sports Complex. No security deposit is required. TERM The term of this agreement shall be effective commencing on April 16, 2016, at 12:01 a.m. to April 17, 2016, at 12:00 a.m. This License Agreement may be renewed upon the mutual consent of the PARTIES. (00101871.1 2704-0501640 ) 4. USE OF PREMISES LICENSEE may use and occupy the Premises to provide a Walk a Thon event on Saturday, April 16, 2016 from 3:00 p.m. to 11:00 p.m. There is no rainout date scheduled. LICENSEE agrees to provide its own equipment, as needed. 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 Party's control. 5. 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. 6. 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. {00101871.1 2704-osm640 } Page 2 of 10 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 use of the Premises at no cost or expense to LICENSEE 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 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 (00101871.1 2704-0501640} Page 3 of 10 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. 34100H 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 TERMINATI 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. 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 {00101871A 2704-0501640} Page 4 of 10 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 (00101871.1 2704-0501640} Page 5 of 10 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: Monique Stephens, Senior Manager, Relay for Life American Cancer Society, Broward Unit 3363 W. Commercial Blvd. Ft. Lauderdale, FL 33309 Telephone No. (954) 200-7519 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. (00101871.12704-0501640} Page 6 of 10 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 (00101871.1 2704-0501640} Page 7 of 10 IN WITNESS OF THE FOREGOING, the PARTIES have set their hands and seals the day and year first written above. ATTEST: \���� ► ► ► I I ►������� CITY OF TAMARAC, FLORIDA A. �Y: J#Ad,<G� ', M' hael C. Cernech, City Manager Patricia Teufel, CM ,City Gj rk��Pg t: N APPROVED AS TO FORUM".. gEP' �� \� �;,• • •�y.... ,ram \ Office f the Ci Attoi•n ' Signed and delivered in the p sence of- r �A Print Name Print Name STATE OF FLORIDA COUNTY OF BROWARD AMERICAN CANCER SOCIETY r BY. Monique tep en , nager, Relay for Life I HEREBY CERTIFY that on this day of 0—'cc,-\k)e-r 2015, before me personally appeared' epersonally known to be the individual who executed the foregoing instrument and acknowledged before that he executed the same for the purposes therein, is personally known to me or produced Pt1'4"r3 L.I n as identification. • ALEXANDRA ROUSSEAU Commission Expires: s'''°s r. MY COMMISSION #FF099518 '.. EXPIRES March 9, 2018 (401) 3WO153 Flor}deNota Servlce.com Notary Public, State of Flo •ida Print Name: _ Commission No. (00101871.12704-0501640} Page 8 of 10 EXHIBIT "A" TAMARAC SPORTS COMPLEX 100101871.12704-0501640} Page 9 of 10 EXHIBIT "B" LICENSEE Responsibilities: 1. LICENSEE will supervise operations of the Relay for Life 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. City of Tamarac Responsibilities 1. CITY will provide access to the Premises from 10:00 a.m. on Saturday, April 16, 2016 — 12:00 a.m. on Sunday, April 17, 2016. 2. CITY will provide trash receptacles for event date. 3. CITY will provide access to restrooms for event attendees. 4. CITY will provide: • Use of City chairs (75) and tables (10) • Use of the City's Showmobile • Use of the City's portable PA system (00101871.12704-0501640 } Page 10 of 10