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HomeMy WebLinkAboutCity of Tamarac Resolution R-2015-053C L! Temp Reso # 12655 Page 1 of 3 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; {00080219.2 2704-0501640 } Temp Reso # 12655 Page 2 of 3 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 Section 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict.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. J F K: BJ S : (00080219.2 2704-0501640 ) Temp Reso # 12655 Page 3 of 3 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, {00065904.1 2704-0501640 } SSG:BJS Page 1 of 11 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. {00065904A 2704-05016401 SSG:BJS Page 2 of 11 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 {00065904A 2704-0501640} SSG:BJS Page 3ofII 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. �00065904.1 2704-0501640} SSG:BJS Page 4 of I 1 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 100065904.1 2704-0501640 } SSG:BJS Page 5ofII 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 {00065904,1 2704-0501640 1 SSG:BJS Page 6ofII 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 : (00065904,1 2704-0501640 ) SSG:BJS 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 Page 7 of 11 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. {00065904A 2704-0501640) SSG:BJS Page 8ofII 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 {00065904.1 2704-0501640 1 SSG:BJS Page 9 of 11 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 (00065904.1 2704-0501640 1 SSG:BJS Page 10 of I 1 No Text