HomeMy WebLinkAboutCity of Tamarac Resolution R-2015-053C
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Temp Reso # 12655
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June 9, 2015
CITY OF TAMARAC, FLORIDA ,
RESOLUTION NO. R-2015,f
-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, APPROVING THE LEASE OF THE PROPERTY
LOCATED AT 7515 NW 88 AVE., TAMARAC, FL 33321 TO THE
BROWARD SHERIFF'S OFFICE FOR USE AS A K-9 TRAINING
FACILITY; AUTHORIZING THE CITY MANAGER TO ENTER INTO A
LEASE AGREEMENT WITH THE BROWARD SHERIFF'S OFFICE;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the CITY OF TAMARAC, (the "City") desires to enter an agreement to
provide for the location and operation of BROWARD SHERIFF OFFICE'S ("BSO") K-9
Training Facility at 7515 NW 88 AVE., TAMARAC, FL, 33321 (the "Property"); and
WHEREAS, the Parties have a desire to enter into a Lease Agreement
("Agreement") for TAMARAC to lease the real property located behind the current BSO
substation; and
WHEREAS, TAMARAC shall provide BSO the exclusive use of the PROPERTY
for use as a K-9 training facility; and
WHEREAS, the City Commission deems it to be in the best interests of the
citizens and residents of the CITY to lease the Property to BSO in order to install and
operate a K-9 training facility;
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Temp Reso # 12655
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June 9, 2015
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
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 hereby approves the Lease Agreement with
BSO, attached hereto as Exhibit "A" and incorporated into this Resolution and made a
specific part hereof, leasing the Property to BSO for use as a K-9 training facility.
Section 3: The City Commission hereby authorizes the City Manager, or his
designee, to execute all necessary documents and to take any necessary action to
effectuate the Agreement and any renewals authorized in this Resolution and 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repealed to the extent of such conflict.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, or 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.
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Temp Reso # 12655
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June 9, 2015
Section 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED AND ADOPTED BY THECITY COMMISSION OF THE CITY OF TAMARAC,
FLORIDA THIS _ � DAY OF J 61W, , 2015.
ATTEST:
PATRICIA TEUF , CMC
CITY CLERK
APPROVED AS TO LEGAL FORM:
P"'Y4�j_ Aeltv,
SAWEL S. GOREN, CITY ATTORNEY
J F K: BJ S : (00080219.2 2704-0501640 }
CITY O T A C FLORIDA
HARRY DRESSLER, MAYOR
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: V/M BUSHNELL
DIST 2: COMM. GOMEZ
DIST 3: COMM. GLASSER
DIST 4: COMM. PLACKO
1
LEASE AGREEMENT BETWEEN THE BROWARD SHERIFF'S OFFICE AND THE
CITY OF TAMARAC TO PROVIDE FOR THE BROWARD SHERIFF'S OFFICE K-9
TRAINING FACILITY AT 7515 NW 88 AVE., TAMARAC, FL 33321.
THIS AGREEMENT, made and entered into on the 4JI day of
2015 by and between:
BROWARD SHERIFF'S OFFICE,
a Constitutional Officer,
2601 W. Broward Boulevard
Fort Lauderdale, Florida 33312
(hereinafter referred to as "BSO")
AND
CITY OF TAMARAC, FLORIDA
a Florida municipal corporation
7525 N.W. 881h Avenue
Tamarac, Florida 33321
(hereinafter referred to as "TAMARAC")
Collectively BSO and TAMARAC shall be referenced to as the "Parties."
WITNESSETH:
WHEREAS, BSO AND TAMARAC (hereinafter the "Parties") desire to enter an
agreement to provide for the location and operation of B S O' s K-9 Training Facility (hereinafter
referred to as the "FACILITY"; and
WHEREAS, the Parties have negotiated and desire to enter into an Lease Agreement
("Agreement") for TAMARAC to lease the vacant real property located behind the current BSO
substation, more specifically described in Exhibit "A," which is attached to (hereinafter referred
to as the "PROPERTY"; and
WHEREAS, TAMARAC shall provide BSO the exclusive use to the PROPERTY for
use as a K-9 training facility; and
WHEREAS, such use is considered an accessory use to the BSO substation; and,
WHEREAS, BSO agrees to use the property for the
enforcement agencies as a FACILITY and shall make any
required to maintain the PROPERTY,
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benefit of TAMARAC and other law
and all necessary improvements all
4
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and
agreements hereinafter set forth, the Parties hereto agree as follows:
Section 1. The above recitals are true and correct and are incorporated herein.
Section 2. DESCRIPTION OF THE PREMISES
2.01 TAMARAC hereby grants to BSO the right to lease, and the privilege of occupying and
maintaining the vacant real property located behind the current BSO substation located at
7515 NW 88 AVE., TAMARAC, FL 33321, the PROPERTY, subject to the terms and
conditions set forth in this Lease Agreement.
Section 3. TERM OF AGREEMENT
3.01 This agreement shall be effective upon the execution by TAMARAC, and shall remain in
effect for a period of ten (10) years, unless terminated pursuant to Section 9 of this
Agreement.
3.02 This Agreement may be renewed upon written consent of the Parties through the
execution of a written amendment signed by both Parties.
3.03 At the conclusion or termination of this Agreement, the Parties acknowledge and agree
that BSO shall return the PROPERTY to its original condition and the PROPERTY shall
be returned to the possession of TAMARAC.
Section 4. COMPENSATION
4.01 The lease shall be on a rent free basis.
Section 5. DUTIES AND RESPONSIBILITIES OF BSO
5.01 BSO is permitted to use the PROPERTY exclusively as a K-9 Training Facility. The
FACILITY shall be operated by B S O and B S O shall bear all costs associated, incurred,
or required as a result of BSO use of the PROPERTY, including the maintenance,
utilities, security, damages, and repairs. The City may, at any time and at its sole
discretion, elect to continue or discontinue any or all maintenance of the PROPERTY,
and nothing herein shall relieve BSO of its obligation to maintain the PROPERTY.
5.02 BSO shall be permitted to make any improvement to the property, address fixed assets,
and remove any fixed assets, which may remain on the PROPERTY, provided all
improvements comply with applicable City codes. Prior to making any improvements,
B S O shall must provide written notice to TAMARAC and obtain TAMARA.C' s written
approval.
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5.03 BSO shall comply with all provisions of the City Code as it pertains to installing
improvements, and to the maintenance and operation of the PROPERTY.
5.04 BSO shall secure the property by installing a barrier, fence, or using any other existing
condition or improvement that complies with all City code and is acceptable to the CITY
for the intended use of the PROPERTY. BSO shall landscape the Property as to enhance
and obscure the view of neighboring residential areas, in addition to concealing the
barrier or fence surrounding the PROPERTY. Notice of such improvements shall be
provided to TAMARAC for its review, comment, and written approval prior to any
improvements or installation of landscaping or fencing.
5.05 BSO shall only conduct activities on the subject property Monday through Saturday
between the hours of 8:00 A.M. and 10:00 P.M.
Section 6. DUTIES AND RESPONSIBILITIES OF TAMARAC
6.01 TAMARAC shall have the right to enter, inspect, or otherwise access the PROPERTY at
anytime.
Section 7. INDEMNIFICATION, SOVEREIGN IMMUNITY, and INSURANCE
7.01 BSO is a state agency as defined in §768.28, Florida Statutes, and agrees to be fully
responsible for the acts and omissions of its agents or employees to the extent permitted by
law while they are employed by BSO. Nothing herein is intended to serve as a waiver of
sovereign immunity by any party to which sovereign immunity may be applicable. Nothing
herein shall be construed as consent by a state agency or political subdivision of the State of
Florida to be sued by third parties in any matter arising out of this Agreement.
7.02 TAMARAC is a municipal agency as defined in §768.28, Florida Statutes, and agrees to be
fully responsible for the acts and omissions of its agents or employees to the extent
permitted by law while they are employed by the City of Tamarac. Nothing herein is
intended to serve as a waiver of sovereign immunity by any party to which sovereign
immunity may be applicable. Nothing herein shall be construed as consent by a state
agency or political subdivision of the State of Florida to be sued by third parties in any
matter arising out of this Agreement.
7.03 BSO shall furnish TAMARAC with written verification of liability protection in accordance
with state law prior to or at the time of execution of this Agreement. BSO shall maintain in
addition to those policies of insurance required and contemplated elsewhere in this
agreement, general liability, automobile liability, public officials liability, workers'
compensation and law enforcement liability insurance policies in the amounts set forth
below:
o General Liability/Public Officials/Law Enforcement Liability $1,000,000
occurrence/$2,000,000 aggregate
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o Automobile Liability $1,000,000 occurrence/$2,000,000 aggregate
o Workers' Compensation Statutory
BSO shall maintain these insurance policies throughout the Term. BSO shall provide the
CITY with copies of the insurance policies required hereunder and all renewals thereof.
The costs of all these insurance policies shall be the sole obligation of BSO. BSO may
provide the insurance required in this Section through a self- insurance program and
excess policies. In the event that BSO shall take and bring additional equipment or other
property to the facility, BSO does so at its own cost and expense.
7.04 BSO and TAMARAC shall each be separately liable and responsible for the actions of
their respective officers, agents and employees in the performance of their respective
obligations under the Agreement.
7.05 To the extent permitted by law, BSO shall indemnify, defend, and hold TAMARAC, its
officials, agents, servants and employees, harmless from any and all liability, actions,
causes of action, suits, trespasses, damages, judgments, executions, claims and demands
of any kind whatsoever, in law or in equity, which results from or arises out of the
intentional or negligent acts or omissions of BSO, its employees, agents, or servants and
BSO shall indemnify TAMARAC, its officials, agents, servants and employees, for
damages, judgments, claims, costs, expenses, including reasonable attorney's fees, which
TAMARAC, its officials, agents, servants and employees, might suffer in connection
with or as a result of the intentional or negligent acts of BSO, its employees, agents, or
servants. For purposes of this provision, the BSO employees shall not be deemed agents
or servants of TAMARAC and TAMARAC `s employees shall not be deemed agents or
servants of BSO. BSO and TAMARAC will at all times be entitled to the benefits of
sovereign immunity as provided in Florida Statutes, Section 768.28, and common law.
Nothing contained in the Agreement shall be construed as a waiver of sovereign
immunity.
7.06 BSO shall ensure that any contractors completing any improvements on the property by
BSO, including but not limited to, fencing, construction, and maintenance, shall not
commence work until they have obtained all insurance required under this section and
have supplied the City with evidence of such coverage in the form of an insurance
certificate. BSO will ensure that all contractors comply with the above guidelines and
will maintain the necessary coverages throughout the term of this Agreement. The
contractors insurance carriers shall be rated at least A-VII per Best's Key Rating Guide
and be licensed to do business in Florida. "Occurrence" form policies are required. The
contractor's liability insurance policies shall be endorsed to add the City of Tamarac as
an "additional insured". The Vendor's Worker's Compensation carrier will provide a
Waiver of Subrogation to the City. The contractor's shall be responsible for the payment
of all deductibles and self -insured retentions.
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Section 8. PUBLIC RECORDS
8.01 TAMARAC and BSO shall each maintain their own respective records and documents
associated with this Agreement in accordance with the requirements set forth in Chapter
119, Florida Statutes.
8.02 The Parties are public agencies subject to Chapter 119, Florida Statutes. The Parties shall
comply with Florida's Public Records Law. Specifically, the Parties shall:
1. Keep and maintain public records that ordinarily and necessarily would be
required by the other party in order to perform the service;
2. Provide the public with access to such public records on the same terms and
conditions that the other party would provide the records and at a cost that does not
exceed that provided in Chapter 119, Fla. Stat., or as otherwise provided by law;
3.
Ensure that
public records that
are exempt or that
are confidential and exempt
from
public
record
requirements are not
disclosed
except as
authorized by law; and
4. Meet all requirements for retaining public records and transfer to the other party,
at no cost, all public records in possession of the City upon termination of the contract.
All records stored electronically must be provided to the other party in a format that is
compatible with the information technology systems of the agency.
The failure of either party to comply with the provisions set forth in this Article shall constitute a
Default and Breach of this Agreement and the other party shall enforce the Default in accordance
with the provisions set forth in Section 9.
Section 9. TERMINATION/DEFAULT
9.01 This Agreement may be terminated by either party upon thirty (30) calendar days written
notice, effective upon delivery to the other party.
9.02 If either party fails to perform or observe any of the material terms and conditions of this
Agreement for a period of ten (10) calendar days after receipt of written notice of such
default from the other party, the party giving notice of default may be entitled, but is not
required, to seek specific performance of this Agreement on an expedited basis, as the
performance of the material terms and conditions contained herein relate to the health,
safety, and welfare of the residents subject to this Agreement. Failure of any party to
exercise its right in the event of any breach by the other party shall not constitute a
waiver of such rights. No party shall be deemed to have waived any failure to perform by
the other party unless such waiver is in writing and signed by the other party. Such
waiver shall be limited to the terms specifically contained therein. This section shall be
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without prejudice to the rights of any party to seek a legal remedy for any breach of the
other party as may be available to it in law or equity.
9.03 Upon the conclusion of the term, or upon termination of this Lease Agreement, BSO
agrees to peaceably surrender and deliver the premises to the TAMARAC in substantially
the same condition as it was delivered to BSO at the beginning of this Lease Agreement,
ordinary wear and tear excluded. Furthermore, BSO agrees to remove from the Premises
at their expense, any personal property, facilities, or structures placed therein. Upon
completion of removal, the condition of the Premises shall be safe and not a hazard.
9.04 This Agreement shall automatically terminate, with or without notice, upon the
termination of TAMARAC's Agreement with BSO for Police Protection Services.
Section 10. ASSIGNMENT
10.01 The respective obligations of the parties shall not be assigned, in whole or in part without
the prior written consent of the other party as evidenced by action by its governing body.
Section 11. COMPLIANCE WITH LAWS
11.01 BSO and TAMARAC 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 12. VENUE, ATTORNEYS FEES, AND COSTS
12.01 Any claim, objection or dispute arising out
of
the
terms of this Agreement shall be
litigated
in the
Seventeenth
Judicial
Circuit in
and
for
Broward
County, Florida.
12.02 If either party is required to employ the services of an attorney to resolve any dispute or
disagreement arising directly or indirectly from or under this Agreement, to enforce any
of the terms, provisions, covenants or conditions of this Agreement, or remedy any
breach of this Agreement, the prevailing party shall be entitled to recover from the other
party the prevailing party" s attorney's & fees charged for such services.
Section 13. GOVERNING LAW
13.01 The validity, construction and effect of this Agreement shall be governed by the laws of
the State of Florida.
Section 14. ENTIRE AGREEMENT
14.01 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
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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 15. SEVERABILITY
15.01 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 16. NOTICES
16.01 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,
addressed to the party for whom it is intended at the place last specified; and the place for
giving of notice shall remain 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.
BROWARD SHERIFF'S OFFICE:
Copy To:
TAMARAC :
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Captain Neal Glassman
7515 Pine Island Road
Tamarac, FL 33321
Lee Futch, Office of the General Counsel
Broward Sheriff's Office
2601 W. Broward Boulevard
Fort Lauderdale, Florida 33312
Michael C. Cernech
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, Florida, 33321
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Copy To: Samuel S. Goren, Office of the City Attorney
Goren, Cherof, Doody & Ezrol, P.A.
3 099 East Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
Telephone No. (954) 771-4500
Facsimile No. (954) 771-4923
Section 17. NO THIRD PARTY BENEFICIARIES.
17.01 The parties expressly acknowledge that it is not their intent to create or confer any rights
or obligations in or upon any third person or entity under this Agreement. None of the
parties intend to directly or substantially benefit a third party by this Agreement. The
parties agree that there are no third party beneficiaries to this Agreement and that no third
party shall be entitled to assert a claim against any of the parties based upon this
Agreement. Nothing herein shall be construed as consent by an agency or political
subdivision of the State of Florida to be sued by third parties in any matter arising out of
any contract.
Section 18. INDEPENDENT CONTRACTOR
18.01 This Lease Agreement does not create an employee/employer relationship between the
parties. It is the intent of the parties that BSO is an independent contractor under this
Lease Agreement and not the TAMARAC'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. B S O shall retain sole
and absolute discretion in the judgment of the manner and means of carrying out BSO
activities and responsibilities hereunder. BSO agrees that it is a separate and independent
enterprise from the TAMARAC. This Lease Agreement shall not be construed as
creating any joint employment relationship between B S O and the TAMARAC, and
TAMARAC will not be liable for any obligation incurred by BSO.
Section 19. CAPTIONS
19.01 The captions, section designations, section numbers, article numbers, titles and headings
appearing in this Agreement are inserted only as a matter of convenience, have no
substantive meaning, and in no way define, limit, construe or describe the scope or intent
of such articles or sections of this Agreement, nor in any way effect this Agreement and
shall not be construed to create a conflict with the provisions of this Agreement.
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Section 20. PREPARATION OF AGREEMENT
20.01 The Parties acknowledge that they have sought and obtained whatever competent advice
and counsel as was necessary for them to form a full and complete understanding of all
rights and obligations herein and that the preparation of this Agreement has been their
joint effort. The language agreed to herein expresses their mutual intent and the resulting
document shall not, solely as a matter of judicial construction, be construed more
severely against one of the parties than the other.
Section 21. AMENDMENTS
21.01 No modification, amendment, or alteration in the terms or conditions contained herein
shall be effective unless contained in a written document prepared with the same or
similar formality as this Agreement and executed by each party hereto.
Section 22. SURVIVAL
22.01 All representations made herein regarding indemnification, obligations, obligations to
maintain and allow inspection and audit of records and property, and notifications shall
survive the termination of this Agreement.
Section 23. WAIVER
23.01 Failure of the either party to insist upon strict performance of any covenant or condition
of this Lease 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.
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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IN WITNESS WHEREOF, the BROWARD SHERIFF'S OFFICE and
TAMARAC have caused these presents to be executed in their respective names
officials the day and year first above written.
Approveyl4s t4joytn:
Office o7erilff
eneral Counsel ;
Broward s Office
AT
the CITY OF
by the proper
BROWAR.D SHERIFF'S OFFICE,
constitutional office organized and existing
the laws of the State of Florida
0
Scott J.C-*1sraiK1, Sheriff
Date:
no
under
� CITY OF TAMA.R.AC a municipal corporation
O , ,T'4., b ,��i� organized and existing under the laws of the State
�. •+''.1 ' of Florida
•• be C /
d • be
+a. • �+
•
ESTABLISHED'-. 4- By:
° HARRY DRESSLER, Mayor
1963 •
•' SEAL
� + e
01 •
•
jP
•.� �`��
ebn,d�11�
Patricia A. Teufel, City
Approved as �o form:
City Attorney
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