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HomeMy WebLinkAboutCity of Tamarac Resolution R-2011-040Temp. Reso #12009 1 Page 1 March 22, 2011 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R 2011- 1/ 0 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO TWO SEPARATE AGREEMENTS BY AND BETWEEN THE CITY OF TAMARAC AND THE CITY OF NORTH LAUDERDALE, BROWARD COUNTY, FLORIDA PROVIDING FOR TEMPORARY USE OF FIRE RESCUE EQUIPMENT AND/OR VEHICLE(S); 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 and Tamarac Fire Rescue desire to continually improve the quality of Fire and Emergency Medical Services to the citizens and visitors of the City; and WHEREAS, the City of North 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 daily operations, attached hereto as Exhibit "A"; and WHEREAS, the City of North Lauderdale prepared the attached Agreement on behalf of the City of Tamarac for the temporary use of Fire Rescue Equipment and Vehicle(s), as needed for daily operations, attached hereto as Exhibit " B"; and WHEREAS, in February 2011 the City of North Lauderdale passed Resolution No. 11-02-5670 to approve the temporary use of Fire Rescue Equipment and Vehicle(s) Agreements between the City of Tamarac and the City of North Lauderdale, attached hereto as Exhibit "C; and Temp. Reso #12009 Page 2 March 22, 2011 1 WHEREAS, the City of Tamarac desires to enter into this Agreement with North Lauderdale for the temporary use of Fire Rescue equipment and vehicle(s) as park of our public safety interests; and WHEREAS, the City of Tamarac supports regional efforts to improve service delivery; and WHEREAS, the City Manager and the Fire Chief recommend acceptance of these Agreements; and WHEREAS, Exhibits A and B were reviewed, approved as to form and executed by City Attorney Samuel S. Goren for the City of Tamarac and John Hearn, Special Counsel for the City of North Lauderdale; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be mutually beneficial and in the best interest of the citizens and residents of the City of Tamarac and the City of North Lauderdale to enhance Emergency Services in our communities. 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 Agreements (attached hereto as Exhibits A and B) to allow temporary use of Fire Rescue Equipment and Vehicle(s) as needed for daily operations between the City of Tamarac and the City of North Lauderdale. 1 F� Temp. Reso #12009 Page 3 March 22, 2011 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 day of , 2011. �gZ p,B 63 : Fry �9 ATTEST: '.,0 qq • ...... •N•� �. PETER M. J. RYCHARDSON, CRM CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. SAMUOL S. G&Elf CITY ATTORNEY a AA LL�'1'1 PAMELA BUSHNELL, MAYOR Record of COMMISSION VOTE: DIST 1: COMM SWENSON DIST 2: VM GOMEZ _ d� DIST 3: COMM GLASSE A!- DIST 4: COMM DRESSLER—=- MAYOR BUSHNELL- i AGREEMENT 1, By and Between s CITY OF NORTH LAUDERDALE And CITY OF TAMARAC Providing For TEMPORARY USE OF FIRE RESCUE AND EMERGENCY SERVICES' EQUIPMENT AND/OR VEHICLES This Agreement is made and entered into by and between CITY OF NORTH LAUDERDALE, hereinafter referred to as "CITY OF NORTH LAUDERDALE," F 1re CITY OF TAMARAC, a governmental entity organized and existing under the laws of the State of Florida, its successors and assigns, hereinafter referred to as " LICENSEE." WITNESSETH WHEREAS, LICENSEE has requested and CITY OF NORTH LAUDERDALE agrees to allow LICENSEE to temporarily utilize certain CITY OF NORTH LAUDERDALE-owned equipment and/or vehicle(s) referenced herein for the LICENSEE purposes more fully described herein; NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, CITY OF NORTH LAUDERDALE and LICENSEE agree as follows: ARTICLE 1 GENERAL PROVISION 1.1 This Agreement sets forth the terms and conditions related to the LICENSEE'S temporary use of CITY OF NORTH LAUDERDALE-owned equipment and/or vehicles for emergency response, as the LICENSEE'S need for such use shall arise during the term of this Agreement. V 1.2 In the event the LICENSEE has a need to temporarily use CITY OF NORTH LAUDERDALE-owned equipment and/or vehicles, the LICENSEE'S City Administrator shall submit a written request to the CITY OF NORTH LAUDERDALE'S Director of Fire Rescue and Emergency Services detailing the type of equipment/vehicle(s) requested, the reason for such request and the desired time period for such use. The LICENSEE'S request will be made as soon as practicable based upon the fact and circumstances surrounding the request. The CITY OF NORTH LAUDERDALE'S Director of Fire Rescue and Emergency Services shall have the sole discretion as to whether the request is approved or denied. The CITY OF NORTH LAUDERDALE makes no representations or guarantees that the equipment and/or vehicle(s) will be available for the LICENSEE'S use. 1.3 LICENSEE agrees to return said equipment and/or vehicle(s) clean and in the same condition as when LICENSEE took possession of the equipment and/or vehicle(s), except for normal wear and tear. In the event the equipment and/or vehicle(s) are not returned in such condition, LICENSEE shall reimburse CITY OF NORTH LAUDERDALE for any loss or damage. LICENSEE will not alter the vehicle(s) and/or equipment without the expressed written permission of the CITY OF NORTH LAUDERDALE. LICENSEE understands that the CITY OF NORTH LAUDERDALE enters this Agreement as a public service and CITY OF NORTH LAUDERDALE makes no express or implied warranty as to the operability or fitness of said equipment and/or vehicle(s) for any purpose, and the equipment and/or vehicle(s) are being provided in an "as is" condition. 1.4 LICENSEE recognizes and acknowledges that the equipment and/or vehicle(s) do not give the LICENSEE or any of its officers, employees or agents the authority to act on behalf of the CITY OF NORTH LAUDERDALE. Therefore, LICENSEE shall ensure that its employees, officers, and agents do not represent to any third party that they are acting on behalf of the CITY OF NORTH LAUDERDALE. 1.5 LICENSEE agrees that the equipment and/or vehicle(s) will only be used and/or operated by personnel that are licensed, certified and trained to use and/or operate such equipment and/or vehicle(s) and only for the purposes set forth in paragraph 1.2. ARTICLE 2 COMPENSATION TO CITY OF NORTH LAUDERDALE LICENSEE agrees to pay CITY OF NORTH LAUDERDALE the sum of One Dollar ($1.00) and other good and valuable considerations, the receipt and sufficiency of which is hereby acknowledged by the parties, for LICENSEE'S right to use the CITY OF LAUDERDALE'S owned equipment and/or vehicle(s) described herein for LICENSEE'S referenced purposes. ARTICLE 3 TERM AND TERMINATION OF AGREEMENT 3.1 The term of this Agreement shall commence on the date it is executed by the CITY OF NORTH LAUDERDALE and remain in effect for a period of one (1) year, unless otherwise terminated as provided herein. Thereafter this Agreement shall automatically renew on an annual basis, unless otherwise terminated as provided herein. 3.2 This Agreement may be terminated by the CITY OF NORTH LAUDERDALE upon providing notice of such termination to the LICENSEE. Upon receipt of the CITY OF NORTH LAUDERDALE'S notice of termination, the LICENSEE shall immediately return the equipment and/or vehicle(s). ARTICLE 4 NOTICES Whenever either party desires to give notice unto the other, it must be given by written notice, sent by certified United States mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice shall remain 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, to wit: FOR CITY OF NORTH LAUDERDALE: With copy to: Ambreen Bhatty, City Manager City of North Lauderdale 701 SW 71 Ave North Lauderdale Fl, 33068 Rudy Neumann, Fire Chief City of North Lauderdale Fire Rescue 6151 Bailey Road North Lauderdale, FL 33068 FOR LICENSEE: Michael Cernech, City Manager City of Tamarac 7525 NW 88t" Avenue Tamarac, FL 33321 Mike Burton, Fire Chief City of Tamarac Fire Rescue 6000 Hiatus Road Tamarac, FL 33321 ARTICLE 5 LIABILITY INDEMNIFICATION AND INSURANCE 5.1 LICENSEE hereby knowingly, freely, and voluntarily assumes all liability for any and all damage or injury to any person or property of whatsoever nature, which may occur as a result of LICENSEE'S use and/or operation of the equipment and/or vehicle(s). LICENSEE agrees to lease, waive, discharge and covenant not to sue the CITY OF NORTH LAUDERDALE, its officers, agents, employees and volunteers from any and all liability or claims which may arise, either directly or indirectly, out of LICENSEE'S use or operation of said equipment and/or vehicle(s), including any claim based upon the negligence, actions or inactions of CITY OF NORTH LAUDERDALE, its directors, officers, deputies, employees, agents, representatives, volunteers, and/or servants. 5.2 Indemnification. LICENSEE shall to the extent permitted by law and subject to the limitations contained in Section 768.28, Florida Statutes, indemnify, save harmless and, at CITY OF NORTH LAUDERDALE's option, defend or pay for an attorney selected by the CITY OF NORTH LAUDERDALE'S attorney to defend CITY OF NORTH LAUDERDALE, its officers, agents, and employees against any and all claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and expenses, caused by any intentional or negligent act or omission of LICENSEE, its employees, agents, or officers, or accruing, resulting from, or related to LICENSEE'S use and/or operation of the referenced equipment and/or vehicle(s) including, without limitation, any and all claims, demands, or causes of action of any nature whatsoever resulting from injuries or damages sustained by, or alleged to have been sustained by, any person or property. This provision shall survive the termination of this Agreement. 5.3 LICENSEE shall be responsible for repairing any and all physical damage to the equipment and/or vehicle(s) incurred during the term of this Agreement. If any such repair takes longer than thirty (30) calendar days, LICENSEE shall pay to CITY OF NORTH LAUDERDALE any and all costs associated with the loss of use of such vehicle and/or equipment. In the event a vehicle and/or equipment is damaged to the extent of a total loss, LICENSEE shall pay to CITY OF NORTH LAUDERDALE the replacement cost of the vehicle and/or equipment. 5.3 Insurance: LICENSEE and CITY OF NORTH LAUDERDALE agree to insure or self - insure their respective interests in the equipment and/or vehicle(s) subject to this Agreement to the extent each deems necessary or appropriate. LICENSEE hereby waives all rights of subrogation under any policy or policies that each may carry on property installed or placed on the premises. F` ARTICLE 6 MISCELLANEOUS 6.1 Amendments. There shall be no modifying amendments or alterations in the terms or conditions contained herein which shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 6.2 Successors and Assigns. It is hereby covenanted and agreed among the parties hereto that all covenants, conditions, agreements and undertakings contained in this Agreement shall extend to and be binding on the respective successors and assigns of the respective parties hereto. 6.3 Contract Administrators. CITY OF NORTH LAUDERDALE'S Contract Administrator for this Agreement is the CITY OF NORTH LAUDERDALE'S Director of the Department of Fire Rescue and Emergency Services or designee. LICENSEE'S Contract Administrator for this Agreement is LICENSEE'S City Administrator or designee. In the implementation of the terms and conditions of this Agreement, as contrasted with matters of policy, all parties may rely upon instructions or determinations made by the respective Contract Administrators. 6A Waiver. No waiver of any provision of this Agreement shall be effective unless it is in writing, signed by the designated Contract Administrator for the party against whom it is asserted and any such written waiver shall only be applicable to the specific instance to which it relates and shall not be deemed a continuing or future waiver. 6.5 Merger. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein; and the parties hereto agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 6.6 Modification. CITY OF NORTH LAUDERDALE and LICENSEE agree that no modification, alteration or amendment in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 6.7 Joint Preparation. The preparation of this Agreement has been a joint effort of the parties and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one party than the other. 6.8 Applicable Law and Venue. This Agreement shall be governed by the laws of the State of Florida, and venue in any proceeding or action between the parties arising out of this Agreement shall be in Broward County, Florida. 6.9 Severance. In the event this Agreement or a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless CITY OF NORTH LAUDERDALE or LICENSEE elects to terminate this Agreement. The election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. [Intentionally Left Blank] d AGREEMENT BY AND BETWEEN the CITY OF NORTH LAUDERDALE AND THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA PROVIDING FOR TEMPORARY USE OF FIRE RESCUE AND EMERGENCY SERVICES' EQUIPMENT AND/OR VEHICLE(S). IN WITNESS WHEREOF, the parties execute this Agreement on the date(s) set forth below: CITY OF NORTH LAUDERDALE: Direcof Fire Rescue and Emergency Services AMBREEN BHATTY, CITY MANAGER ATTEST: Patricia Vancheri, City Clerk Date: 3 i 14 Date: 3)t Ili Date: 3 ',2' // Approved as to form and legal sufficiency Subject to execution by the parties: By: T E,4gm , ESQ. - Ed Al- C0qNS6-2- CITY OF TAMARAC: I'AIIIIIy0 Dater r a Date: Date: 1 C. Cernech, City Manager Peter Richardson, Jtity Clerk APPROVED AS TO FORM: Samuel Z. Gordn, Date: #)�/)) I Date: r/2 2. 1, AGREEMENT • By and Between CITY OF TAMARAC And ----- -- CITY OF NORTH LAUDERDALE Providing For TEMPORARY USE OF FIRE RESCUE AND EMERGENCY SERVICES' EQUIPMENT AND/OR VEHICLES This Agreement is made and entered into by and between the CITY OF TAMARAC, hereinafter referred to as "CITY OF TAMARAC", and The CITY OF NORTH LAUDERDALE, a governmental entity organized and existing under the laws of the State of Florida, its successors and assigns, hereinafter referred to as "LICENSEE". WITNESSETH WHEREAS, LICENSEE has requested and CITY OF TAMARAC agrees to allow LICENSEE to temporarily utilize certain CITY OF TAMARAC-owned equipment and/or vehicle(s) referenced herein for the LICENSEE purposes more fully described herein. NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, CITY OF TAMARAC and LICENSEE agree as follows: ARTICLE 1 GENERAL PROVISION 1.1 This Agreement sets forth the terms and conditions related to the LICENSEE'S temporary use of CITY OF TAMARAC-owned equipment and/or vehicles for emergency response, as the LICENSEE'S need for such use shall arise during the term of this Agreement. 1.2 In the event the LICENSEE has a need to temporarily use CITY OF TAMARAC- owned equipment and/or vehicles, the LICENSEE'S City Administrator shall submit a written request to the CITY OF TAMARAC'S Director of Fire Rescue and Emergency Services detailing the type of equipment/vehicle(s) requested, the reason for such request and the desired time period for such use. The LICENSEE'S request will be made as soon as practicable based upon the fact and circumstances surrounding the request. The CITY OF TAMARAC'S Director of Fire Rescue and Emergency Services shall have the sole discretion as to whether the request is approved or denied. The CITY OF TAMARAC makes no representations or guarantees that the equipment and/or vehicle(s) will be available for the LICENSEE'S use. 1.3 LICENSEE agrees to return said equipment and/or vehicle(s) clean and in the same condition as when LICENSEE took possession of the equipment and/or vehicle(s), except for normal wear and tear. In the event the equipment and/or vehicle(s) are not returned in such condition, LICENSEE shall reimburse CITY OF TAMARAC for any loss or damage. LICENSEE will not alter the vehicle(s) and/or equipment without the expressed written permission of the CITY OF TAMARAC. LICENSEE understands that the CITY OF TAMARAC enters this Agreement as a public service and CITY OF TAMARAC makes no express or implied warranty as to the operability or fitness of said equipment and/or vehicle(s) for any purpose, and the equipment and/or vehicle(s) are being provided in an "as is" condition. 1.4 LICENSEE recognizes and acknowledges that the equipment and/or vehicle(s) do not give the LICENSEE or any of its officers, employees or agents the authority to act on behalf of the CITY OF TAMARAC. Therefore, LICENSEE shall ensure that its employees, officers, and agents do not represent to any third party that they are acting on behalf of the CITY OF TAMARAC. 1.5 LICENSEE agrees that the equipment and/or vehicle(s) will only be used and/or operated by personnel that are licensed, certified and trained to use and/or operate such equipment and/or vehicle(s) and only for the purposes set forth in paragraph 1.2. ARTICLE 2 COMPENSATION TO CITY OF TAMARAC LICENSEE agrees to pay CITY OF TAMARAC the sum of One Dollar ($1.00) and other good and valuable considerations, the receipt and sufficiency of which is hereby acknowledged by the parties, for LICENSEE'S right to use CITY OF TAMARAC-owned equipment and/or vehicle(s) described herein for LICENSEE'S referenced purposes. ARTICLE 3 TERM AND TERMINATION OF AGREEMENT 3.1 The term of this Agreement shall commence on the date it is executed by the CITY OF TAMARAC and remain in effect for a period of one (1) year, unless otherwise terminated as provided herein. Thereafter this Agreement shall automatically renew on an annual basis, unless otherwise terminated as provided herein. 3.2 This Agreement may be terminated by the CITY OF TAMARAC upon providing notice of such termination to the LICENSEE. Upon receipt of the CITY OF TAMARAC'S notice of termination, the LICENSEE shall immediately return the equipment and/or vehicle(s). ARTICLE 4 NOTICES Whenever either party desires to give notice unto the other, it must be given by written notice, sent by certified United States mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice shall remain 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, to wit: FOR CITY OF TAMARAC: Michael Cernech, City Manager City of Tamarac 7525 NW 88th Avenue Tamarac, FL 33321 Mike Burton, Fire Chief City of Tamarac Fire Rescue 6000 Hiatus Road Tamarac, FL 33321 FOR LICENSEE: Ambreen Bhatty, City Manager City of North Lauderdale 701 SW 71 Ave North Lauderdale, FI 33068 Rudy Neumann, Fire Chief North Lauderdale Fire Rescue 6151 Bailey Road North Lauderdale, FL 33068 ARTICLE 5 LIABILITY INDEMNIFICATION AND INSURANCE 5.1 LICENSEE hereby knowingly, freely, and voluntarily assumes all liability for any and all damage or injury to any person or property of whatsoever nature, which may occur as a result of LICENSEE'S use and/or operation of the equipment and/or vehicle(s). LICENSEE agrees to lease, waive, discharge and covenant not to sue the CITY OF TAMARAC, its officers, agents, employees and volunteers from any and all liability or claims which may arise, either directly or indirectly, out of LICENSEE'S use or operation of said equipment and/or vehicle(s), including any claim based upon the negligence, actions or inactions of CITY OF TAMARAC, its directors, officers, deputies, employees, agents, representatives, volunteers, and/or servants. 5.2 Indemnification. LICENSEE shall to the extent permitted by law and subject to the limitations contained in Section 768,28, Florida Statutes, indemnify, save harmless and, at CITY OF TAMARAC'S option, defend or pay for an attorney selected by the CITY OF TAMARAC'S attorney to defend CITY OF TAMARAC, its officers, agents, and employees against any and all claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and expenses, caused by any intentional or negligent act or omission of LICENSEE, its employees, agents, or officers, or accruing, resulting from, or related to LICENSEE'S use and/or operation of the referenced equipment and/or vehicle(s) including, without limitation, any and all claims, demands, or causes of action of any nature whatsoever resulting from injuries or damages sustained by, or alleged to have been sustained by, any person or property. This provision shall survive the termination of this Agreement. 5.3 LICENSEE shall be responsible for repairing any and all physical damage to the equipment and/or vehicle(s) incurred during the term of this Agreement. If any such repair takes longer than thirty (30) calendar days, LICENSEE shall pay to CITY OF TAMARAC any and all costs associated with the loss of use of such vehicle and/or equipment. In the event a vehicle and/or equipment is damaged to the extent of a total loss, LICENSEE shall pay to CITY OF TAMARAC the replacement cost of the vehicle and/or equipment. 5.3 Insurance: LICENSEE and CITY OF TAMARAC agree to insure or self -insure their respective interests in the equipment and/or vehicle(s) subject to this Agreement to the extent each deems necessary or appropriate. LICENSEE hereby waives all rights of subrogation under any policy or policies that each may carry on property installed or placed on the premises. ARTICLE 6 MISCELLANEOUS 6.1 Amendments. There shall be no modifying amendments or alterations in the terms or conditions contained herein which shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 6.2 Successors and Assigns. It is hereby covenanted and agreed among the parties hereto that all covenants, conditions, agreements and undertakings contained in this Agreement shall extend to and be binding on the respective successors and assigns of the respective parties hereto. 6.3 Contract Administrators. CITY OF TAMARAC'S Contract Administrator for this Agreement is the CITY OF TAMARAC'S Director of the Department of Fire Rescue and Emergency Services or designee. LICENSEE'S Contract Administrator for this Agreement is LICENSEE'S City Administrator or designee. In the implementation of the terms and conditions of this Agreement, as contrasted with matters of policy, all parties may rely upon instructions or determinations made by the respective Contract Administrators. 6.4 Waiver. No waiver of any provision of this Agreement shall be effective unless it is in writing, signed by the designated Contract Administrator for the party against whom it is asserted and any such written waiver shall only be applicable to the specific instance to which it relates and shall not be deemed a continuing or future waiver. 6.5 Merger. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein; and the parties hereto agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 6.6 Modification. CITY OF TAMARAC and LICENSEE agree that no modification, alteration or amendment in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 6.7 Joint Preparation. The preparation of this Agreement has been a joint effort of the parties and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one party than the other. 6.8 Applicable Law and Venue. This Agreement shall be governed by the laws of the State of Florida, and venue in any proceeding or action between the parties arising out of this Agreement shall be in Broward County, Florida. 6.9 Severance. In the event this Agreement or a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless CITY OF TAMARAC or LICENSEE elects to terminate this Agreement. The election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. [Intentionally Left Blank] AGREEMENT BY AND BETWEEN THE CITY OF TAMARAC AND THE CITY OF NORTH LAUDERDALE, BROWARD COUNTY, FLORIDA PROVIDING FOR TEMPORARY USE OF FIRE RESCUE AND EMERGENCY SERVICES' EQUIPMENT AND/OR VEHICLE(S). IN WITNESS WHEREOF, the parties execute this Agreement on the date(s) set forth below: CITY OF TAMARAC: of Fire Rescue and Emergency Services A T: Peter Richirdson, City Clerk Approved as to form and legal sufficiency Subject to execution by the parties: By: _ "'A /�, SamurA S. Gore , City Attorney CITY OF NORTH LAUDERDALE: By: J M Rr551 APPROVED AS TO FORM: MANAG EF-- ol t.5P, C)'A4 - L' owise/ Date: Z�-Lk- L Date: W11111 Date: L121l1/ Date: F i Date: lwli i TR 12009 - EXHIBIT C RESOLUTION NO. 1 %- 09 " %f070 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING THE CITY MANAGER OR HER DESIGNEE TO ENTER INTO TWO SEPARATE AGREEMENTS BY AND BETWEEN THE CITY OF TAMARAC AND THE CITY OF NORTH LAUDERDALE, BROWARD COUNTY, FLORIDA PROVIDING FOR TEMPORARY USE OF FIRE RESCUE AND EMERGENCY SERVICES' EQUIPMENT AND/OR VEHICLE(S) AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA: Section 1: That the City Commission of the City of North Lauderdale, Florida, authorizes the City Manager or her designee to enter into two separate agreements between the City of North Lauderdale and the City of Tamarac for the temporary use of a Fire Rescue and Emergency Services' equipment and/or vehicle(s) for daily emergency operations. Section 2: That this Resolution shall take effect immediately upon adoption. PASSED and ADOPTED by the City Commission of the City of North Lauderdale, Florida, this 22nd day of February, 2011. APPROVED AS TO LEGAL FORM: CITY AtromgV A'94Uft S. GOREN i rTOR JACK B ATTEST: PATRICIA VANCHERI, CITY CLERK