HomeMy WebLinkAboutCity of Tamarac Resolution R-2014-006n
Temp. Reso. # 12442
December 16, 2013
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2014- 0(ig
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, APPROVING A REQUEST ON
BEHALF OF THE AMERICAN CANCER SOCIETY FOR IN -
KIND SUPPORT FOR THE TAMARAC RELAY FOR LIFE
EVENT BENEFITTING THE AMERICAN CANCER SOCIETY
TO BE HELD AT MILLENNIUM MIDDLE SCHOOL MAY 16-
17) 2014 PROVIDING FOR PERMITS, PROPER
INSURANCE AND EXECUTION OF LEASE AGREEMENT
FOR IN -KIND EQUIPMENT; 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 for certain in -kind support services for the Tamarac Relay
for Life event to be held at Millennium Middle School May 16-17; 2014; 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 will bring 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
Temp. Reso. ##12442
December 16, 2013
Page 2
WHEREAS, the Director of Parks and Recreation recommends that the City of
Tamarac provide certain in -kind support services for the Tamarac Relay for Life event
to be held at Millennium Middle School May 16-17, 2014; 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 provide certain in -
kind support services for the Tamarac Relay for Life event to be held at Millennium Middle
School May 16-17, 2014.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
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
Millennium Middle School May 16-17,2014, is HEREBY APPROVED subject to Section 3
below.
Temp. Reso. # 12442
December 16, 2013
Page 3
• Use of City chairs (50) and tables (5)
• Use of the City tents —one (1) 20x30 foot tent, and two (2) 10x10 tents
• Use of one (1) light tower
• Use of the City's Showmobile
• City to provide assistance with promotion of event
• Assignment of City representative to serve as logistic coordinator
• Waiver of rental fees
• Waiver of special event permit fees
0
SECTION 3: That approval is subject to all other appropriate permits being obtained
prior to the event, that proper insurance coverage is obtained and certificates of insurance
submitted to the City, 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. #12442
December 16, 2013
Page 4
SECTION 6: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this a7a day of
HARRY DRES
MAYOR
ATTEST:
0'*'K
PATRICIA TEUF
CITY CLERK
,CMC
, 2014.
SLER
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER !�J�
DIST 1: COMM. BUSHN ELL�
DIST 2: V/M GOMEZ &,K�g
DIST 3: COMM. GLAS ER�
HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
SAAWEL S. Gi
CITY ATTORN
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11, Temp. Reso. #12442 -Attachment
LEASE AGREEMENT FOR EQUIPMENT
THIS AGREEMENT, made and entered into on the day of `' , 2014 by
and between:
THE CITY OF TAMARAC, a municipal corporation organized and operating
pursuant . to laws of the State of Florida, with an address of 7525 NW 88th Avenue
Tamarac, Florida 33321, hereinafter referred to as "TAMARAC."
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 "ACS"
WHEREAS, ACS will be holding its Relay for Life event on May 16, 2014, through May
17, 2014; and
- -- WHEREAS, ACS desires to Tease TAMARAC's "Showmobile", tables, and chairs, boom
light, and tents (sometimes referred to as "Equipment") for the event; and _ ._ _.
WHEREAS, TAMARAC has agreed to lease this Equipment to ACS for the event; and
WHEREAS, the parties desire to enter into this Lease Agreement for TAMARAC to lease
the Equipment to ACS, subject to the terms and conditions contained herein;
NOW, THEREFORE, in consideration of their mutual covenants, the parties agree as
follows:
Section 1.
reference.
The above recitals are true and correct and are incorporated herein by this
Section 2. TERM OF AGREEMENT
2.01 This agreement is effective upon the approval and execution of both parties and shall
commence Friday, May 16, 2014 ("Commencement Date") and terminate Saturday, May 17, 2014
("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 ACS 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 May
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12, 2014.
Section 4. DUTIES AND RESPONSIBILITIES OF TAMARAC
4.01
Upon approval of this Lease Agreement, TAMARAC shall deliver to ACS on or
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about Friday, Y Ma 16 2014 at a time to be coordinated between the parties and at a location
designated by ACS
A. One (1) 20x40 foot Stage/Showmobile, Vin # 1 W9SE2820RM174008 and
Asset No. 3805.
B. Five (5) tables and 50 chairs.
C. One light tower.
D. Two (2) IOx10 tents and one (1) 20x30 tent.
- 4.02 TAMARAC shall permit ACS to inspect the Equipment prior to transfer to ACS
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 Saturday, Y Ma 17, 2014, TAMARAC shall pick up the leased Equipment from
ACS at a time to be coordinated between the parties.
Section 5. DUTIES AND RESPONSIBILITIES OF ACS
5.01 ACS acknowledges that it accepts the above referenced Equipment in
condition, after inspection by ACS.
"as is"
5.02 ACS shall be responsible for insuring the Equipment and informing TAMARAC of
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any damage which may occur to the Equipment while in ACS, custody and control. It. shall be
RCS's res onsibili to a for the costs of repair for any such damage which may occur.
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5.03 After p
inspection of the E ui ment by ACS, any claims based upon defects. shall be
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deemed arising from ACS, use of the Equipment as provided in Section 5 of this Agreement.
5.04 ACS shall not make any modifications to the leased Equipment, other than asi
indicated in normal repair and maintenance, without the express written approval of TAMARAC.
5.05 ACS shall return the Equipment to TAMARAC in the same condition in which it was
given to ACS, normal wear and tear excepted.
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Section 6. INDEMNIFICATION AND INSURANCE,
6.01 ACS agrees to indemnify and hold harmless TAMARAC and all its officers, elected
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or otherwise employees,and a gents from and against any and all claims, loss, damage, or injury . to
persons orproperty,omissions, penalties, ' judgments,'and liability, and actions or causes of action,
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arising from ACS use of the Equipment or ACS 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 ACS shall maintain throughout the term of this Agreement any and all applicable
insurance coverage required b TAMARA.C's Risk Manager and shall name TAMARAC as a
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certificate holder. ACS shall obtain at ACS'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. ACS shall maintain such insurance in full force . and effect
duringthe life of this Agreement. ACS shall provide to TAMARAC' S Risk and Safety Manager
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_-certificates of all insurances required under this section. prior to, beginning any work_ under. this
Agreement. ACS 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 ACS.
6.03 ACS shall indemnify and hold TAMARAC harmless for any damages resulting from
failure of ACS to take out and maintain such insurance. RCS's General Liability Insurance policies
shall be endorsed to add the "City of Tamarac" as an additional insured. ACS shall be responsible for
payment of all deductibles and self-insurance retentions on RCS's Liability Insurance policies.
6.04 The following are, required types and minimum limits of insurance coverage-, which
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ACS agrees to maintain during the term of this contract:
Line of Business/ Coverage Occurrence Aggregate
General Liability $150005000 $2X09000
Automobile Liability/Property $1,000,000 $2)0005000
Workers' Compensation Statutory
6.05 Nothing herein shall be construed or interpreted as a waiver of sovereign immunity
by TAMARAC.
Section 7.
is as follows:
The contact person for each of the parties for the administration of this Agreement
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TAMARAC: Gregory Warner, Director of Parks and Recreation
Telephone No. (954) 597-3638
ACS: Monique Stephens
Telephone No. (954) 200-7519
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Section 8. ASSIGNMENT
8.01 ACS 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 ACS 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 a 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 b overnight express delivery service, evidenced by a delivery receipt, or facsimile
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transmission with receipt of delivery, addressed to the party for whom it is intended at the place last
specified; and the lace for giving of notice shall remain as such until it shall have been changed by
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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:
ACS: Monique Stephens, Sr. Mgr., Relay for Life
American Cancer Society, Broward Unit
3363 W. Commercial Blvd.
Ft. Lauderdale, FL 3 3 3 09 .. .
Telephone No. (954) 200-7519
Facsimile No. (954) 561-8072
Copy to:
TAMAR.AC: Greg Warner, Director
City of Tamarac
Parks & Recreation Department
8601 W. Commercial Blvd.
Tamarac, Florida 33321
Tel. (954) 597-�3620
Fax (954) 597-3640
Copy to: Michael C. Cernech, City Manager
City of Tamarac
7525 NW 88. Avenue
Tamarac, Florida 33321
Tel. (954) 597-3510
Fax (954) 597-3520
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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
IN WITNESS WHEREOF, AMERICAN CANCER SOCIETY 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.
AMERICAN CANCER SOCIETY 501(c)(3) tax
exempt organizatigi°t-N^
ATTEST:
Print Name:
BY:
Print Name: V6W) cukr
Title: Title:
(SEAL)
STATE OF FLORIDA )
)ss
COUNTY OF BROWARD )
I HEREBY CERTIFY that the foregoing instrument sii
wledged before me this
day of � M2014, by and who is personally
known to me or h roduced - as identification, and who is signing this
Agreement on behalf of the AMERICAN NCER SOCIETYand is authorized to execute the
same. I l �1
;s 1 s•
DANIELLE J. PROBST
Notary Public - State of RorMs
My Comm. Expires Mar 18, 2014
Commiasioa Anna 9j;i q
NOTARY PUBLIC, State of Florida
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PAT TEUFEL; CMC soft��
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APPROVED AS TO FORM. ®.•.
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