Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-2013-030Temp. Reso #12323 Page 1 March 27, 2013 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R 2013- 30 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ENTER INTO AN AGREEMENT BY AND BETWEEN THE CITY OF TAMARAC AND THE CITY OF FORT LAUDERDALE, BROWARD COUNTY, FLORIDA PROVIDING FOR TEMPORARY USE OF FIRE RESCUE EQUIPMENT AND/OR VEHICLE(S) FOR THE AIR AND SEA SHOW ON APRIL 18-21, 2013 AND OTHER RELATED AIR AND SEA SHOW SPECIAL EVENTS AS NEEDED THROUGHOUT THE MONTH OF APRIL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac has provided high quality Fire Rescue operations to the Community since 1975; and WHEREAS, the City of Tamarac Fire Rescue desires to continually provide quality Fire and Emergency Medical Services to the citizens and visitors of the Community; and WHEREAS, the City of Fort Lauderdale hosts and sponsors the Air and Sea show annually, and requires additional Fire Rescue equipment and vehicle(s); and WHEREAS, the City of Fort Lauderdale and the City of Tamarac desire to enter into an Agreement for the temporary use of Fire Rescue equipment and vehicle(s) as needed for operations at the Air and Sea Show on April 18-21, 2013 and other related Air and Sea Show special events as needed throughout the month of April as part of our public safety interests, (agreement attached hereto as Exhibit A); and Temp. Reso #12323 Page 2 March 27, 2013 WHEREAS, the City of Fort Lauderdale is self -insured for all general and automobile liability exposures as provided for by Florida Statute 768.28 for the use of Fire Rescue equipment and vehicle(s), (letter attached hereto as Exhibit B); and WHEREAS, it is the recommendation of the Fire Chief that the City of Tamarac enter into the Agreement with Fort Lauderdale for the temporary use of Fire Rescue equipment and vehicle(s) as part of our public safety interests; and WHEREAS, the City Commission deems it to be in the best interest of the citizens and residents of the City of Tamarac to execute an Agreement between the City of Tamarac and the City of Fort Lauderdale to provide for temporary use of Fire Rescue equipment and vehicle(s) for the Air and Sea Show on April 18-21, 2013 and other related Air and Sea Show special events as needed throughout the month of April. NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: 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. All Exhibits attached hereto are incorporated herein and made a specific part of this Resolution. Section 2: The appropriate City Officials are HEREBY authorized to execute the Agreement between the City of Tamarac and the City of Fort Lauderdale (agreement attached hereto as Exhibit A) to provide for temporary use of Fire Rescue equipment and vehicle(s) for the Air and Sea Show on April 18-21, 2013 and other related Air and Sea Show special events as needed throughout the month of April. Section 3: All Resolutions or parts of resolutions in conflict herewith are HEREBY repealed to the extent of such conflict. Section 4: Temp. Reso #12323 Page 3 March 27, 2013 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 in application, it shall not affect the validity of the remaining portion or applications of this Resolution. Section 5: passage and adoption. This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this day of , 2013. BETH TALABISCO, MOOR ATTEST: Record of COMMISSION VOTE: c' a PATRICIA TEUFE� INTERIM CITY CLERK MAYOR TALABISCO VV-0 DIST 1: COMM. BUSHNE L DIST 2: COMM ATKINS-GRA rW_ DIST 3: V/M GLASSER !may DIST 4: V/M DRESSLER ° I HEREBY CERTIFY that I have approved this RESOLUTION as to form It SAMUEL S. GOREN VV CITY ATTORNEY No Text Exhibit A TR# 12323 Equipment / Vehicle Loan Agreement The City of Tamarac (hereafter referred to as "OWNER") agrees to loan to the City of Fort Lauderdale (hereafter referred to as "USER") the following described equipment and/or vehicles or other units as deemed appropriate: • Rescue Unit # 333 — 98 Freightliner FL60 Ambulance Vin # 1 FV3GFBC1WH913156 License# 131204, and • Platform Unit # 334 - 99 Spartan Ladder Truck HT 3S-85 Vin. # 4S7AW2390XCO29529 License# 138277 For the time period of the Air and Sea Show on April 18-21, 2013 and/or other Air and Sea Show related special events as needed throughout the month of April. The above named USER assumes full responsibility for the risk of personal injury, death, and property damage during the use of the equipment and/or vehicle described above. The USER assumes full responsibility for the repair or replacement of such equipment and/or vehicle for any damage upon its return, other than what is described below. Description of any Existing Damage: To the extent permitted by Florida law, the above named USER agrees to protect, defend, indemnify and hold harmless the OWNER and its officers, employees and agents from and against any and all losses, penalties, damages, settlements, costs, charges or other expenses or liabilities of every kind including Attorney fees in connection with or arising directly or indirectly out of the use of the equipment and/or vehicle. Without limiting the foregoing, any and all such claims, suits, etc., relating to personal injury, death, damage to property, defects in materials or workmanship, actual or alleged violation of any applicable statute, ordinance, administrative order, rule or regulation, or decree of any court, shall be included in the indemnity hereunder. The USER further agrees to investigate, handle, respond to, provide defense for and defend any such claims, etc., at their sole expense and agrees to bear all other costs and expense related thereto. Nothing herein shall constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28. The agreement was entered into on the date of J/V //. 47 11 On behalf of the City of Tamarac: Mike Burton, Fire Chief Sign Name On behalf of the City of Fort Lauderdale: Jeff Justinak, Fire Chief Sign Name No Text M Exhibit B TR#12323 CITY OF FORT LAUDERDALE Venice oAenc March 14, 2013 Tamarac Fire Rescue Mike Burton Fire Chief 6000 Hiatus Rd. Tamarac, FL 33321 RE: Rescue Apparatus and Platform or Engine Apparatus. Chief Burton: The City of Fort Lauderdale is self -insured for all general liability exposures. Accordingly, claims made against the City are handled under the City's self -funded liability program as provided for by Florida Statute 768.28. Please feel free to contact me if you have any questions or need additional information. c y tuytime Risk Manager RISK MANAGEMENT 100 N. ANDREws AvENUF., THIRD FLoc7R, FORT LAUDERDALE, FLORIDA 33301 TELEPHONE'. (9 4) 28- a 1 '7 7 FAX f 9 4l 828-5439 WWW.fortlauderdate.gov PRINTED ON RECYCLED PAPER ow iov No Text