HomeMy WebLinkAboutCity of Tamarac Resolution R-2015-034Temp. Reso #12627 — 3/30/15
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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
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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
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• 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
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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.
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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.
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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
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ATTEST:
\ � PATRICIA TEUFEL, CMC
�CITY CLERK
APPROVED AS TO FORM:
BY:
BY•
111 1111 / ,MICHAEL C. CF
�``` h1`JI A R,q, MANAGE
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OFFICE OF THE CITY ATTORNEY
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