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HomeMy WebLinkAboutCity of Tamarac Resolution R-2012-059Temp. Reso #12201 Page 1 April 16, 2012 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R 2012- S Q 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) APRIL 28 & 29, 2012 FOR THE AIR AND SEA SHOW; 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, on April 28 and 29, 2012 the City of Fort Lauderdale will be hosting and sponsoring the Air and Sea show, and will be requiring 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 2012 as part of our public safety interests, (agreement attached hereto as Exhibit A); and 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 Temp. Reso #12201 Page 2 April 16, 2012 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) April 28 and 29, 2012 for the Air and Sea Show. 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. 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) April 28 and 29, 2012 for the Air and Sea Show. Section 3: All Resolutions or parts of resolutions in conflict herewith are HEREBY repealed to the extent of such conflict. Section 4: 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: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this ATTEST: �L--� _ _ - PETER M. J. €SIC RDSON, CRM, CMC CITY CLERIC I HEREBY CERTIFY that I have approved this RESOLUTION as to form. �4?1)v, 41 7 )Z" SAO UEL REN CITY ATTORNEY Temp. Reso #12201 Page 3 April 16, 2012 day of , 2012. C� BETH TALABI CO, MAYOR Record of COMMISSION VOTE: MAYOR TALABISCO DIST 1: COMM. BUSHN LL DIST 2. COMM GOMEZ DIST 3: V/M GLASSER DIST 4: COMM. DRESSLE Z��� Exhibit A TR# 12201 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: • Rescue Unit # 333 — 98 Freightliner FL60 Ambulance Vin # 1 FV3GFBC1 WH913156 License# 131204, and • Platform Unit # 334 - 99 Spartan Ladder Truck HT 3S-85 Vin. # 4S7AW2390XCO29529 License# 138277 for the time period of April 28 and April 29, 2012. 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 On behalf of the City of Tamarac: On behalf of the City of Fort Lauderdale: Bu re Chief Sign Name CITY OF FORT LAUDERDALE Venice ofAmerica April 19, 2012 City of Tamarac Fire -Rescue 6000 Hiatus Road Tamarac, Florida 33321 Attn: Mike Burton, Fire Chief Re: Vehicle/Equipment Loan to Fort Lauderdale Fire -Rescue for Lauderdale Air Show 2012 Fire Chief Burton: The City of Fort Lauderdale is self -insured for all general and automobile 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 questions or need additional information. Sin rely, Guy lHin Risk Manager RISK MANAGEMENT 100 N. ANDREws AVENUE, THIRD FLOOR, FORT LAUDERDALE, FLORIDA 33301 TELEPHONE:(954) 828-5177 FAX (954) 828-5439 Iwo EQUAL OPPORTUNITY EMPLOYER www.fortlauderdale.gov PRINTED ON RECYCLED PAPER f not