HomeMy WebLinkAboutCity of Tamarac Resolution R-2013-015CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2013-��
A RESOLUTION OF THE CITY C
OF TAMARAC, FLORIDA, APP
BEHALF OF THE AMERICAN C
KIND SUPPORT FOR
LAUDERDALE RELAY FOR LIFE
AMERICAN CANCER SOCIE
MILLENNIUM- MIDDLE SCH(
PROVIDINCr FOR PERMITS, P
EXECUTION OF LEASE AG
EQUIPMENT; PROVIDING FOF
FOR SEVERABILITY: AND PRO\
DATE.
Temp. Reso. # 12299
January 7, 2013
Page 1
OMMISSION OF THE CITY
LOVING A REQUEST ON
NNCER SOCIETY FOR IN -
"HE TAMARAC/NORTH
EVENT BENEFITTING THE
TY TO BE HELD AT
,OL MAY 17-18, 2013;
TOPER INSURANCE AND
1EEMENT FOR IN -KIND
CONFLICTS; PROVIDING
(DING FOR AN EFFECTIVE
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/North
Lauderdale Relay for Life event to be held at Millennium Middle School May 17-18, 2013;
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/North Lauderdale Relay for Life event which is an event that will
bring the community together for a great cause; and
Temp. Reso. #12299
January 7, 2013
Page 2
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
WHEREAS, all participants in the 2013 Tamarac/North Lauderdale Relay for
Life event being held at Millennium Middle School May 17-18, 2013, benefitting the
American Cancer Society, will sign a Consent Form &Waiver holding the City of
Tamarac harmless; and
WHEREAS, the Director of Parks and Recreation recommends that the City of
Tamarac provide certain in -kind support services for the Tamarac/North Lauderdale Relay
for Life event to be held at Millennium Middle School May 17-18, 2013; 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/North Lauderdale Relay for Life event to be held at
Millennium Middle School May 17-18, 2013.
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
Temp. Reso. # 12299
January 7, 2013
Page 3
confirmed as being true and correct and are hereby made a specific part of this Resolution.
SECTION 2: That the request for the City of Tamarac to provide certain in -kind
support services as listed below for the Tamarac/North Lauderdale Relay for Life event to
be held at Millennium Middle School May 17-18, 2013, is HEREBY APPROVED subject to
Section 3 below.
• Use of City's chairs and tables
• City to provide assistance with promotion of event
• Assignment of City representative to serve as logistic coordinator
9 Waiver of rental fees
o Fundraiser event to be held at the Tamarac Community Center
• Use of the City's Showmobile
e Waiver of special event permit fees
SECTION3: That approval is subject to all other a ro riate rmit� bein 1 pp p -- � . g obtained
prior to the event, that proper insurance coverage is obtained and certificates p g ca es 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 Cityprior
to the event.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Temp. Reso. # 12299
January 7, 2013
Page 4
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.
SECTION 6: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this 13 day of�
BETH TALABISCO
MAYOR
ATTEST:
PATRICIA TEUrEL,�c.,MC
INTERIM CITY_CLERK-
, 2013.
RECORD OF COMMISSION VOTE:
MAYOR TALABISCO
DIST 1: COMM. BUSHN L
DIST 2: COMM. ATKINS-GRID
DIST 3: COMM. GLASSER
DIST 4: V/M. DRESSLER
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
SAMUEL S. GOREN
CITY ATTORNEY
Temp. Reso. # 12299 -Attachment
LEASE AGREEMENT FOR EQUIPMENT
THIS AGREEMENT, made and entered into on the , /�day of
and between:
2013 by-
i
THE CITY OF TAMARAC, a municipal corporation organized= and operating
pursuant to laws of the State of Florida, with an address of 7525 NW 88t' 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 17, 2013, through May
18, 2013; and
WHEREAS, ACS desires to lease TA C's "Showmobile", tables, and chairs
(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 17, 2013 ("Commencement Date") and terminate Saturday, May 18, 2013
("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 88m Avenue, Tamarac, Florida 33321 no later than May
13, 2013.
Section 4. DUTIES AND RESPONSIBILITIES OF TAMARAC
4.01 Upon approval of this Lease Agreement, TAMARAC shall deliver to ACS on or
about Friday, May 17, 2013, 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. Stables and SO chairs.
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, May 18, 2013, 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 "as is"
condition, after inspection by ACS.
5.02 ACS shall be responsible for insuring the Equipment and informing TAMARAC of
any damage which may occur to the Equipment while in ACS, custody and control. It shall be
ACS's responsibility to pay for the costs of repair for any such damage which may occur.
5.03 After inspection of the Equipment by ACS, any claims based upon defects shall be
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 as
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.
Section 6. INDEMNIFICATION AND INSURANCE
6.01 ACS 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,
Page 2 of 6
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 by TAl C's Risk Manager and shall name TAMARAC as a
certificate holder. ACS shall obtain at RCS's expense all necessary insurance in such form and
amount as required by TA C'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
during the life of this Agreement. ACS 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. 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. ACS'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 ACS's Liability Insurance policies.
6.04 The following are required types and minimum limits of insurance coverage, which
ACS agrees to maintain during the term of this contract:
Line of Business/ Coverage Occurrence Aggregate
General Liability $190003,000 $23,0005000
Automobile Liability/Property $190005000 $250009000
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
ACS: Monique Stephens
Telephone No. (954) 200-7519
Section 8. ASSIGNMENT
8.01 ACS shall not assign this Lease Agreement, in whole or in part, without the written
consent of TAMARAC.
Page 3 of 6
IN WITNESS WHEREOF, AMVIERICAN 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.
ATTEST:
Print Nami
Title:
STATE OF FLORIDA
ass
COUNTY OF BROWARD
AMERICAN CANCER SOCIETY 501(c)(3) tax
exempt organizati
a
BY. s"�r
Print Name:
Title:
(SEAL)
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day of 013, by and who
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TARY PUBLIC, State of Florida
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Page 6 of 6