HomeMy WebLinkAboutCity of Tamarac Resolution R-2011-029Temp. Reso. #11997
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2011- d-
q
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, APPROVING A REQUEST BY THE
CITY OF NORTH LAUDERDALE FOR USE OF THE CITY'S
SHOWMOBILE ON SATURDAY, APRIL 16, 2011, FOR THEIR
"NORTH LAUDERDALE DAYS" EVENT BEING HELD APRIL
15-16, 2011; PROVIDING FOR PROPER INSURANCE AND
EXECUTION OF LEASE AGREEMENT FOR EQUIPMENT;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Tamarac Parks and Recreation Department has received a request
from the City of North Lauderdale requesting use of the City of Tamarac's Showmobile
(mobile stage) on Saturday, April 16, 2011, for their "North Lauderdale Days" event
scheduled to be held in the City of North Lauderdale Friday, April 15, 2011, and Saturday,
April 16, 2011; and
WHEREAS, the City of Tamarac, Florida, wishes to support one of our fellow cities,
the City of North Lauderdale, in their "North Lauderdale Days" event which is their
signature community event; and
WHEREAS, the City's Risk Management Division will ensure the appropriate levels
of liability insurance coverage are submitted to the City; and
WHEREAS, the Director of Parks and Recreation recommends that the City of
Tamarac allow use of the City's Showmobile by the City of North Lauderdale on
Saturday, April 16, 2011, for their "North Lauderdale Days" event scheduled to be held
in the City of North Lauderdale April 15-16, 2011; and
Temp. Reso. #11997
2/22/11 - Page 2
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 allow use of
the City's Showmobile by the City of North Lauderdale on Saturday, April 16, 2011, for
their "North Lauderdale Days" event scheduled to be held in the City of North
Lauderdale April 15-16, 2011.
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 upon
adoption hereof. All exhibits attached hereto are hereby incorporated herein by this
reference.
SECTION 2: That the request by the City of North Lauderdale requesting use of the
City's Showmobile (mobile stage) on Saturday, April 16, 2011, for their "North. Lauderdale
Days" event scheduled to be held in the City of North Lauderdale Friday, April 15-Saturday,
April 16, 2011, is HEREBY APPROVED.
SECTION 3: That approval is subject to proper insurance coverage being obtained
and certificates of insurance being submitted to the City, and an executed Lease
Agreement for Equipment is executed, attached hereto and incorporated herein, and
provided to the City prior to the event.
Temp. Reso. #11997
2/22/11 - Page 3
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.
SECTION 6: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this�3 day of , 2011.
t
PAMELA BUSHNELL
Mayor
PETER M. J. RICHARDSON, CRM, CMC
CITY CLERK. %J1111,,,
OF TA/y q
A.
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E q� c ESTABLISHED i
O . 1963 `
SEAL a-�
I HEREBY CERf4Fifi l?wvOIAVE
APPROVED THIS RESOLUTION
AS TO FORM.
CDw4
SAMIJEL S. GOI\ N
CITY ATTORNE
RECORD OF COMMISSION VOTE:
MAYOR BUSHNELL
DIST 2: V/M GOMEZ
DIST 3: COMM. GLASSE .'
DIST 4: COMM. DRESSLER�
LEASE AGREEMENT FOR EQUIPMENT
THIS AGREEMENT, made and entered into on the '�3 day of L am, 2011 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 7515 NW 88th Avenue,
Tamarac, Florida 33321, hereinafter referred to as ...FAMARAC,"
and
CITY OF NORTH LAUDERDALE, a municipal corporation organized and
operating pursuant to the laws of State of Florida, with an address of
70t %- `jj- .-1t St iq,-,- , P b L hereinafter referred
to as "CONL"
WHEREAS, CONL will be holding its North Lauderdale Days on Friday April 15, 2011
through Saturday, April 16, 2011; and
WHEREAS, CONL desires to rent TAMARAC's Showmobile (sometimes referred to as
"Equipment") for this event; and
WHEREAS, TAMARAC has agreed to lease this Equipment to CONL for their North
Lauderdale Days; and
WHEREAS, the parties desire to enter into this Lease Agreement for TAMARAC to lease
the Equipment to CONL, subject to the terms and conditions contained herein;
NOW, THEREFORE, in consideration of their mutual covenants, the parties agree as
follows:
Section I. 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 Saturday, April 16, 2011 ("Commencement Date") and terminate Saturday, April 16,
2011 ("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.
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Section 3. COMPENSATION
3.01 CONL shall pay TAMARAC 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.
Section 4. DUTIES AND RESPONSIBILITIES OF TAMARAC
4.01 Upon approval of this Lease Agreement, TAMARAC shall deliver to CONL on
Saturday, April 16, 2011, at a time to be coordinated between the parties and at a location designated
by CONL:
A. One (1) 20x40 foot Stage/Showmobile, Vin # 1 W9SE2820RM 174008 and Asset No.
3805.
4.02 TAMARAC shall permit CONL to inspect the Equipment prior to transfer to CONL
custody and control.
4.03 On Saturday, April 16, 2011, TAMARAC shall pick up the leased Equipment from
CONL at a time to be coordinated between the parties.
Section 5, DUTIES AND RESPONSIBILITIES OF CONL
5.01 CONL acknowledges that it accepts the above referenced Equipment in "as is"
condition, after inspection by CONL.
5.02 CONL shall be responsible for insuring the Equipment and informing TAMARAC of
any damage which may occur to the Equipment while in CONL, custody and control. It shall be
CONL' responsibility to pay for the costs of repair for any such damage which may occur.
5.03 After inspection of the Equipment by CONL, any claims based upon deflects shall be
deemed arising from CONL, use of the Equipment as provided in Section 5 of this Agreement.
5.04 CONL 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 CONL shall return the Equipment to TAMARAC in the same condition in which it
was given to CONL, normal wear and tear excepted.
Section 6. INDEMNIFICATION AND INSURANCE
6.01 To the extent permitted by law, CONL 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, arising from CONL use of the Equipment or CONL failure
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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 CONL 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. CONL shall obtain at CONUS 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. CONL shall maintain such insurance in full force and
effect during the life of this Agreement. CONL, 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. CONL 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 CONL.
6.03 CONL shall indemnify and hold TAMARAC harmless for any damages resulting
from failure of CONL to take out and maintain such insurance. CONL'S General Liability Insurance
policies shall be endorsed to add the City of TAMARAC as an additional insured. CONL shall be
responsible for payment of all deductibles and self-insurance retentions on CONL'S Liability
Insurance policies.
6.04 The following are required types and minimum limits of insurance coverage, which
CONL agrees to maintain during the term of this contract:
Line of Business/ Coverage Occurrence Aggregate
General Liability $1,000,000 $2,000,000
Automobile Liability/Property $1,000,000 $2,000,000
Workers' Compensation Statutory
6.05 Nothing herein shall be construed or interpreted as a waiver of sovereign immunity by
TAMARAC.
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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
CONL: Mike Sargis, Director of Parks and Recreation
Telephone No. (954) 724-7060
Section 8. ASSIGNMENT
8.01 CONL shall not assign this Lease Agreement, in whole or in pail, 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 CONL 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
1 1.01 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.
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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 Iailure 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.
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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 forgiving of notice:
NORTH L..AUDERDALE: Mike Sar-is, Director
Parks & Recreation Department
701 SW 71 Avenue
North Lauderdale, FL 33068
Telephone No. (954) 724-7060
Facsimile No. (954) 720-2064
Copy to: Arnbreen Bhatty, City Manager
City of North Lauderdale
701 SW 71 Avenue
North Lauderdale, FL 33068
Tel. (954) 724 -7041
TAMARAC: Greg Warner, Director
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 ofTAMARAC
7525 NW 881 l l Avenue, Room 202
Tarnarac, 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
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IN WITNESS WHEREOF, CITY OF NORTH LAUDERDALE 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.
ti..r..c�
ATTEST: � '.`""
APP
STATE OF FLORIDA )
)ss
COUNTY OF BROWARD )
CITY OF NORTH LAUDERDALE
BY: w•y
Y MANAGER
I HEREBY CERTIFY that the foregoing instrument was acknowledged before me this
day of / 2010, by and who is pmonal ly-kriomi-
t-L or has produced as ident►ficat►on, and who is signing this
Agreement on behalf of the CITY OF NORTH LAUDERDALE and is authorized to execute the
same.
09
NU I ARY PUBLI , State of Florida NOTARY PUBLIC -STATE OF FLORIDA
My Commission Expires: 6 /1 7/.-ot `f
�, rY
ATTES
PEI+,R,1w1.J. RICHARDSON, CRM,
CITY CLERK
APPROVE AS TO FORM:
B kod 1A^_
OFFICE OF THE CITY ATTORNEY
Linda White
Commission #DD977836
:`Expires: JUKE 17, 2014
CITY OF TAMA9AC EDT'>ACI30NAITd�'cC�INC.
BY
MI Afl K-C.CERNECH,
CITY MANAGER
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