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HomeMy WebLinkAboutCity of Tamarac Resolution R-2015-034Temp. Reso #12627 — 3/30/15 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-20153Y - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING A REQUEST FROM THE TAMARAC CHAMBER OF COMMERCE FOR IN -KIND SUPPORT AND TO WAIVE FEES FOR THE TAMARAC CHAMBER OF COMMERCE 2016 ARTS & CRAFTS FESTIVAL TO BE HELD IN THE VICINITY OF THE TAMARAC COMMUNITY CENTER, ALONG 57T" STREET, SATURDAY-SUNDAY, APRIL 2-3, 2016, FROM 10:00 A.M. TO 6:00 P.M.; PROVIDING FOR PERMITS, PROPER INSURANCE, EXECUTION OF A HOLD HARMLESS AGREEMENT, AND AN EXECUTED LEASE 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 Tamarac Chamber of Commerce to waive fees and for certain in -kind support services for their 2016 Arts & Crafts Festival to be held in the vicinity of the Tamarac Community Center, along 57th Street, Saturday -Sunday, April 2-3, 2016, from 10:00 a.m. to 6:00 p.m. WHEREAS, the Tamarac Chamber of Commerce is a non-profit organization and is requesting waiver of fees for their 2016 Arts & Crafts Festival and for the City to provide certain in -kind support services for the event; and WHEREAS, the City of Tamarac, Florida, wishes to continue to support the Chamber of Commerce for their community events; 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 Temp. Reso #12627 — 3/30/15 Page 2 WHEREAS, the Director of Parks and Recreation recommends approval of the request to waive fees and for the City of Tamarac to provide certain in -kind support services for the Tamarac Chamber of Commerce 2016 Arts & Crafts Festival to be held Saturday -Sunday, April 2-3, 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 to provide certain in -kind support services for the Tamarac Chamber of Commerce 2016 Arts & Crafts Festival to be held Saturday -Sunday, April 2-3, 2016; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION L 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 by this reference. SECTION 2: That the request to waive fees, and for the City of Tamarac to provide certain in -kind support services as listed below for the Tamarac Chamber of Commerce 2016 Arts & Crafts Festival, April 2-3, 2016, is HEREBY APPROVED subject to Section 3 below. • Closure of 57th Street from State Farm Plaza to the library entrance beginning g Saturday, April 2, 2016, at 5:00 a.m., through Sunday, April 3, 2016 at 8:00 p.m. • Authorization to utilize the property located on the northeast corner of Commercial Blvd. and N.W. 88th Avenue (property just west of the library) for the purposes of vendor parking Temp. Reso #12627 — 3/30/15 Page 3 • Authorization to utilize the property just east of the Comfort Suites-Sawgrass, 8301 W. Commercial Blvd., Tamarac, and the Tamarac Community Center parking lot for the purposes of public parking for the event • Waiver of Community Center room rental fees (Ballroom to be used for event artist banquet Saturday evening, April 2, 2016) • Use and installation of City tents for special assigned areas Use of the Parks and Recreation Department showmobile, tables and chairs Fire Inspector call out SECTION 3: That approval is subject to all other appropriate permits being obtained prior to the event, and proper insurance coverage in a form acceptable to. the - City's- Risk/Safety Manager, an executed Hold Harmless Agreement, and an executed Lease Agreement as furnished by the City for the in -kind equipment, attached hereto and incorporated herein, are provided to the City prior to the event. 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. Temp. Reso #12627 — 3/30/15 Page 4 SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 13 day of ATTEST: l PATRICIA T CITY CLERK EUFEL, K CMC I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM f,...,SAMUEL S. GOREN CITY ATTORNEY , 2015. RECORD OF COMMISSION VOTE: MAYOR DRESSLER DIST 1: VICE MAYOR BUSHNELL DIST 2: COMM. GOMEZ DIST 3: COMM. GLASSER DIST 4: COMM. PLACKO Temp. Reso. #12627- Attachment LEASE AGREEMENT FOR EQUIPMENT THIS AGREEMENT, made and entered into on the � day of �� , 2015 by and between: and THE CITY OF TAMARAC, a munici Mpal corporation organized and operating pursuant to laws of the State of Florida, with an address of 7525 NW 881" Avenue, Tamarac, Florida 33321, hereinafter referred to as "TAMARAC," and (�K TAMARAC CHAMBER OF COMMERCE, a 501(c) tax exempt organization, with an address of 7525 N.W. 88 Avenue, Tamarac, FL 33321 hereinafter referred to as "CHAMBER" WHEREAS, CHAMBER will be holding its 2016 Arts & Crafts Festival April 2-3, 2016; WHEREAS, CHAMBER desires to lease TAMARAC's "Snowmobile", tables, chairs, and tents (sometimes referred to as "Equipment") for the event; and WHEREAS, TAMARAC has agreed to lease this Equipment to CHAMBER for the event; and WHEREAS, the parties desire to enter into this Lease Agreement for TAMARAC to lease the Equipment to CHAMBER, subject to the terms and conditions contained herein; NOW, THEREFORE, in consideration of their mutual covenants, the parties agree as follows: Section 1. The above recitals are true and correct and are incorporated herein by this reference. Section 2. TERM OF AGREEMENT 2.01 This agreement is effective upon the approval and execution of both parties and shall commence Saturday, April 2, 2016, ("Commencement Date") and terminate Sunday, April 3, 2016, ("Termination Date"), unless terminated earlier pursuant to the provisions of Section 9 of this Lease Agreement. Upon the express written consent of both parties, both parties are authorized to extend the term of this Lease Agreement as necessary. Said written extension shall be considered an addendum to this Lease Agreement and shall be incorporated herein. Section 3. COMPENSATION 3.01 CHAMBER shall pay TAMARAC the sum of TEN AND 00/ 100 DOLLARS ($10.00) for the lease of the above referenced Equipment. Said payment shall be sent to the Finance Department, City of Tamarac, 7525 NW 88t' Avenue, Tamarac, Florida 33321 no later than March 28, 2016. Section 4. DUTIES AND RESPONSIBILITIES OF TAMARAC 4.01 Upon approval of this Lease Agreement, TAMARAC shall deliver to CHAMBER on or about Saturday, April 2, 2016, at a time to be coordinated between the parties and at a location designated by CHAMBER: A. One (1) 20x40 foot Stage/Showmobile, Vin # 1 W9SE2820RM174008 and Asset No. 3805. B. Tables and chairs. G Two (2) I0x10 tents and one (1) 20x30 tent. 4.02 TAMARAC shall permit CHAMBER to inspect the Equipment prior to transfer to CHAMBER custody and control. 4.03 TAMARAC, at its sole discretion, may prohibit the use or erection of the Equipment, in the event of inclement weather, or due to other circumstances beyond either parties' control. 4.04 On Sunday, April 3, 2016, TAMARAC shall pick up the leased Equipment from CHAMBER at a time to be coordinated between the parties. Section 5. DUTIES AND RESPONSIBILITIES OF CHAMBER 5.01 CHAMBER acknowledges that it accepts the above referenced Equipment in "as is" condition, after inspection by CHAMBER. 5.02 CHAMBER shall be responsible for insuring the Equipment and informing TAMARAC of any damage which may occur to the Equipment while in CHAMBER, custody and control. It shall be CHAMBER's responsibility to pay for the costs of repair for any such damage which may occur. 5.03 After inspection of the Equipment by CHAMBER, any claims based upon defects shall be deemed arising from CHAMBER, use of the Equipment as provided in Section 5 of this Agreement. 5.04 CHAMBER shall not make any modifications to the leased Equipment, other than as indicated in normal repair and maintenance, without the express written approval of TAMARAC. 5.05 CHAMBER shall return the Equipment to TAMARAC in the same condition in which it was given to CHAMBER, normal wear and tear excepted. Page 2 of 6 Section 6. INDEMNIFICATION AND INSURANCE 6.01 CHAMBER agrees to indemnify and hold harmless TAMARAC and all its officers, elected or otherwise, employees, and agents from and against any and all claims, loss, damage, or injury to persons or property, omissions, penalties, judgments, and liability, and actions or causes of action, arising from CHAMBER use of the Equipment or CHAMBER failure to comply with all the terms and conditions of this Agreement. If a claim is litigated and names TAMARAC as a party defendant, TAMARAC shall be held harmless as to all costs and expenses associated with the litigation related to that claim, including but not limited to, costs, attorneys' fees, paralegal expenses, attorneys' fees on appeal, monies paid in settlement or monies paid to satisfy any judgment obtained herein. Nothing herein shall constitute a waiver of sovereign immunity. 6.02 CHAMBER shall maintain throughout the term of this Agreement any and all applicable insurance coverage required by TAMARAC's Risk Manager and shall name TAMARAC as a certificate holder. CHAMBER shall obtain at CHAMBER's expense all necessary insurance in such form and amount as required by TAMARAC's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City. CHAMBER shall maintain such insurance in full force and effect during the life of this Agreement. CHAMBER shall provide to TAMARAC' S Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. CHAMBER will provide to TAMARAC proof of endorsement for the Equipment in the amount of $100,000 prior to the release of the leased Equipment to CHAMBER. 6.03 CHAMBER shall indemnify and hold TAMARAC harmless for any damages resulting from failure of CHAMBER to take out and maintain such insurance. CHAMBER's General Liability Insurance policies shall be endorsed to add the "City of Tamarac" as an additional insured. CHAMBER shall be responsible for payment of all deductibles and self-insurance retentions on CHAMBER's Liability Insurance policies. 6.04 The following are required types and minimum limits of insurance coverage, which CHAMBER agrees to maintain during the term of this contract: Line of Business/ Coverage Occurrence Aggregate General Liability $190009000 $290009000 Automobile Liability/Property $ I ,0009000 $290009000 Workers' Compensation Statutory 6.05 Nothing herein shall be construed or interpreted as a waiver of sovereign immunity by TAMARAC. Section 7. The contact person for each of the parties for the administration of this Agreement is as follows: TAMARAC: Gregory Warner, Director of Parks and Recreation Telephone No. (954) 597-3638 CHAMBER: Peter Mason Telephone No. (954) 722-1520 Page 3 of 6 Section 8. ASSIGNMENT 8.01 CHAMBER shall not assign this Lease Agreement, in whole or in part, without the written consent of TAMARAC. Section 9. TERMINATION 9.01 This Agreement may be terminated by either party upon three (3) calendar days' written notice. Section 10. COMPLIANCE WITH LAWS 10.01 TAMARAC and CHAMBER shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida, and of any other public authority which may be applicable. Section 11. VENUE 11.01 Venue for any claim, objection or dispute arising out of the terms of this Agreement shall lie in Broward County, Florida. Section 12. GOVERNING LAW 12.01 The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. Section 13. ENTIRE AGREEMENT 13.01 This Agreement contains the entire understanding of the parties relating to the subject matter hereof superseding all prior communications between the parties whether oral or written, and this Agreement may not be altered, amended, modified or otherwise changed nor may any of the terms hereof be waived, except by a written instrument executed by both parties. The failure of a party to seek redress for violation of or to insist on strict performance of any of the covenants of this Agreement shall not be construed as a waiver or relinquishment for the future of any covenant, term, condition or election but the same shall continue and remain in full force and effect. Section 14. SEVERABILITY 14.01 Should any part, term or provision of this Agreement be by the courts decided to be illegal or in conflict with any law of the State, the validity of the remaining portions or provisions shall not be affected thereby. Section 15. COUNTERPARTS 15.01 This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Page 4of6 Section 16. LEGAL RESPRESENTATION 16.01 It is acknowledged that each party to this Agreement had the opportunity to be represented by counsel in the preparation of this Agreement and, accordingly, the rule that a contract shall be interpreted strictly against the party preparing same shall not apply due to the joint contribution of both parties. Section 17. NOTICES 17.01 Whenever either party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, or facsimile transmission with receipt of delivery, addressed to the party for whom it is intended at the place last specified; and the place for giving of notice shall remain as 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: CHAMBER Peter Mason, Executive Director Tamarac Chamber of Commerce 7525 N.W. 88 Avenue Tamarac, FL 33321 Telephone No. (954) 722-1520 Copy to: TAMARAC : Copy to: Greg Warner, Director City of Tamarac Parks & Recreation Department 8601 W. Commercial Blvd. Tamarac, Florida 33321 Tel. (954) 597-3620 Fax (954) 597-3640 Michael C. Cernech, City Manager City of Tamarac 7525 NW 88th Avenue Tamarac, Florida 33321 Tel. (954) 597-3510 Fax (954) 597-3520 Page 5 of 6 Samuel S. Goren, Office of the 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 IN WITNESS WHEREOF, TAMARAC CHAMBER OF COMMERCE and the CITY OF TAMARAC have caused these presents to be executed in their respective names by the proper officials the day and year first above written. TAMARAC CHAMBER OF COMMERCE 501(c)(3) tax exempt organization ATTEST: BY: Print Name: Print Name: Title: Title: J �� tNT- Jl,' 61 /L(ZeC7c,l- (SEAL) STATE OF FLORIDA ) )ss COUNTY OF BROWARD ?e -le, 4 I HEREBY CERTIFY that the foregoingrent was acl owledged before me this � day of 1Vi 2015, by ;and who is nersonallv known to me or has produ d /(/ � as identification, and who is signing this Agreement on behalf of the TAMARAC CHAMBER OF COMMERCE, and is authorized to execute the same. NOTARY PUBLIC, State of Florida Wvy Public • We of Aorift • My rf: Avg d, 2018 CITY OF Al C Cwdelssion & FF 135071 -� •�' %°� � ��'� eondaa �fMi�iasMNaftrfl �. r ATTEST: \ � PATRICIA TEUFEL, CMC �CITY CLERK APPROVED AS TO FORM: BY: BY• 111 1111 / ,MICHAEL C. CF �``` h1`JI A R,q, MANAGE ` • • A 001� �... ,4_ • ��VII � ....� 0 OFFICE OF THE CITY ATTORNEY liii!! H, Page 6 of 6