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HomeMy WebLinkAboutCity of Tamarac Resolution R-2012-023Temp. Reso. #12154 January 11, 2012 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2012- 93 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 4-5, 2012; 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 4-5, 2012; 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. #12154 January 11, 2012 Page 2 WHEREAS, all participants in the 2012 Tamarac Relay for Life event being held at Millennium Middle School May 4-5, 2012, 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 Relay for Life event to be held at Millennium Middle School May 4-5, 5012; 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 4-5, 2012. 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. 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 4-5, 2012, is HEREBY APPROVED subject to Section 3 below. • Use of City's chairs and tables • City to provide assistance with promotion of event Temp. Reso. #12154 January 11, 2012 Page 3 • Assignment of City representative to serve as logistic coordinator • Waiver of rental fees o Spring fundraiser event to be held at the Caporella Aquatic Center • Use of the City's Showmobile • Use of one (1) of the City's portable light towers • Waiver of special event permit fees 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. I Temp. Reso. #12154 January 11, 2012 Page 4 SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED thiO� day ofl., , 2012. PAMELA BUSHNELL MAYOR ATTEST: PETER M. J. RI ARD9bN, CRM, CMC CITY CLERK. RECORD OF COMMISSION VOTE: MAYOR BUSHNELL DIST 1: COMM. SWENS N DIST 2: COMM GOMEZ .E DIST 3: V/M GLASSER DIST 4: COMM. DRESSLER" �. I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM. )jSAMUILL S. GOREN CITY ATTORNEY 1 Temp. Reso. #12154 - Attachment LEASE AGREEMENT FOR EQUIPMENT THIS AGREEMENT, made and entered into on the I LP day of , 2012 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 4, 2012, through May 5, 2012; and WHEREAS, ACS desires to lease TAMARAC's "Showmobile", tables, chairs, and portable light tower (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. The above recitals are true and correct and are incorporated herein by this reference. Section 2. TERM OF AGREEMENT 2.01 This agreement is effective upon the approval and execution of both parties and shall commence Friday, May 4, 2012 ("Commencement Date") and terminate Saturday, May 5, 2012 ("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 88th Avenue, Tamarac, Florida 33321 no later than Ma 2012. 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 4, 2012, 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 W9SE2820RMI74008 and Asset No. 3805. R 5 tables and 50 chairs. C. One (1) portable light tower, Serial No. 5144413 and Asset No. 2468. 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 5, 2012, 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 Page 2 of 6 persons or property, omissions, penalties, judgments, and liability, and actions or causes of action, 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 TAMARAC's Risk Manager and shall name TAMARAC as a 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 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 General Liability Automobile Liability/Property Workers' Compensation Occurrence Aggregate $1,000,000 $2,000,000 $1,000,000 $2,000,000 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: Kelly Lawrence, Community Representative Telephone No. --6886, so -3'S- 99q,3 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 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. 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. Page 4 of 6 Section 17. NOTICES 17.01 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, or facsimile transmission with receipt of delivery, addressed to the party for whom it is intended at the place last specified; and the place for giving of notice shall remain as such 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: ACS: Kelly Lawrence, Community Rep. American Cancer Society 3363 W. Commercial Blvd. Ft. Lauderdale, FL 33309 Telephone No. (954) 564-0880 Ext. 7533 Facsimile No. (954) 561-8072 Copy to: TAMARAC: 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 7515 NW 88th Avenue Tamarac, Florida 33321 Tel. (954) 597-3510 Fax (954) 597-3520 Samuel S. Goren, Office of the City Attorney Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Telephone No. (954) 771-4500 Facsimile No. (954) 771-4923 Page 5 of 6 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. ATTEST: Print Name: Title: STATE OF FLORIDA ) )ss COUNTY OF BROWARD ) AMERICAN CCER SOCIETY 501(c)(3) tax exempt organiz pn n Print N Title: Cb%jU ydj_tA V�YL�sP.41 0. 1�� (SEAL) I HEREBY CERTIFY that the fp�egoin instrument was acknowledged before me this (_ day of 201� b Q and who is personally known to me or has produced as identification, and who is signing this Agreement on behalf of the AMERICA9CANCER SOCIETY, and is authorized to execute the • Nowy Pubs -stab of florin "yCmm- EXPW" Mar is. 2014 NOTARY PUBLIC, State of Florida Dommis$10 i/ DD 972519 TT_________ ATTES PETER M.J. RICFJARDSON, CRM, CITY CLERK APPROVE S TO FORM: OFFIdE OF THE CITY ATTORNEY � r 1 CITY MANAGER Page 6 of 6