Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-2011-029Temp. Reso. #11997 2/22/11 - Page 1 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. r 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. Page I of 7 JFK:ic 1-I.\WI'da1u\1em003231 IN Laud use ot'Sho% mobile\temp rest) 11997 I::xhibit N Laud Lease Agmt fi)r Showmobile.doc 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 Page 2 of 7 .1FK:ic HAWPdata\Temp\03231 1 N Laud use ol'Showmobile\temp reso 11997 Exhibit N Laud Lease Agent ror Showmobile.doc 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. Page 3 of 7 .IFK:ic I1:\W1'dataV1'emp\03231 1 N Laud use of ShoNwnobile\temp reso 1 19971[shibit N Laud Lease Agent fur Shownmbile doc 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. Page 4 of 7 .IFK:ic H \W11data\Temp\03231 I N Laud use orSh-wnobile\temp reso 11997 Exhibit N Laud Lease Agmt for Showmobile,doc 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. Page 5 of 7 .IFK:ic H:\WPdaw\'I-emp\03231 1 N L Ud use u1'Sho%wnobile\temp reso 1 1997 Exhibit N baud Lease Agmt for 5hmm obile.doc 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 Page 6 of 7 .IhK:ic 1 I:\WPdata\Temp\03231 1 N laud use ofshowrrwbile\temp reso 11997 Exhibit N Laud Lease Agent for Showmobile.doc 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 Page 7 of 7 JFK:ic H-\WPdata\1'emp\03231 1 N Laud use oFShoxwnobile\temp reso 11997 Exhibit N Laud Lease Agmt tur Showmobile.do c