HomeMy WebLinkAboutCity of Tamarac Resolution R-2006-230Temp. Reso. #11102 -- November 21, 2006
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2006-a3-Q
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE THE
LICENSE AGREEMENT BETWEEN THE CITY OF TAMARAC
AND ARTSERVE PROVIDING FOR THE USE OF CITY
FACILITIES IN THE PROVISION OF CULTURAL ARTS
PROGRAMMING; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Tamarac is desirous of furthering its commitment to
providing public art to beautify the appearance of the City, commemorate the. City's
history and to enhance the cultural opportunities throughout the City; and
WHEREAS, the City worked with the community in development of a public
art program to further the commitment of the City to provide public art as a means to
enhance cultural opportunities; and
WHEREAS, the potential exists for a partnership between the City and
ArtServe as a means to provide additional cultural opportunities in Tamarac; and
WHEREAS, ArtServe will host four (4) events annually, see Exhibit A of
Exhibit 1, including two (2) art exhibit opening receptions where wine may be served;
and
WHEREAS, in Section 15-88 (a) of the City of Tamarac Code, it states that a
permit, for the consumption or sale of alcoholic beverages at group functions must
be obtained from the City Commission; and
Temp. Reso. #11102 — November 21, 2006
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Revision #1 — December 6, 2006
WHEREAS, ArtServe will obtain the appropriate levels of liability insurance
coverage for all events; and
WHEREAS, the Assistant City Manager is recommending execution of the
licensing agreement and granting of a permit to serve alcoholic beverages at the art
exhibit opening receptions; and
WHEREAS, 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 execute
the license agreement attached hereto as Exhibit 1, between the City of Tamarac
and ArtServe providing for the use of City facilities in the provision of cultural arts
programming and to grant permission for service of wine at the opening receptions.
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.
SECTION 2: The appropriate City officials are hereby authorized to execute
the license agreement attached hereto as Exhibit 1 between the City of Tamarac
and ArtServe providing for the use of City facilities in the provision of cultural arts
programming.
SECTION 3: The request to permit the serving of alcoholic beverages at the
art exhibit openings, detailed in Exhibit A of Exhibit 1, is hereby approved.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
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Temp. Reso. #11102 — November 21, 2006
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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 1,.3+h day of Dccernba ,2006.
ATTEST:
MARION SWEN ON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
;- J V
AMUEL S. GOREN
CITY ATTORNEY
BETH •
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALABISCO
DIST 1: WM PORTNER
DIST 2: COMM ATKINS-GRAD
DIST 3: COMM. SULTANOF
DIST 4: COMM. DRESSLER
LICENSE AGREEMENT
THIS IS AN AGREEMENT, made this V day of l )& (r r ) p ,,L_, 2006, by
and between:
THE CITY OF TAMARAC, FLORIDA, a municipal corporation organized
and existing under the laws of the State of Florida, hereinafter referred to as
"CITY"
and
ARTSERVE, INC., a not -for -profit Florida corporation, incorporated and
existing under the laws of the State of Florida, hereinafter referred to as
"LICENSEE".
DESCRIPTION OF THE PREMISES
CITY hereby grants to LICENSEE the right, license, and privilege of occupying certain CITY
owned premises and improvements located at 7525 NW 88 Avenue, Tamarac Florida, 33321 and
8601 West Commercial Boulevard, Tamarac, Florida, 33321, subject to the terms and conditions
set forth in this Agreement.
2. COMPENSATION
No payment shall be made by the LICENSEE for the privileges granted herein. No security
deposit is required.
3. TERM
This Agreement shall be effective on the date Agreement is fully executed by both parties and
shall be automatically renewed by the parties year to year without the necessity of further CITY
renewals unless terminated as provided for herein.
4. USE OF PREMISES
LICENSEE shall use and occupy the Premises only in connection with the ArtServe 2007
Programs as depicted on Exhibit "A", ("Programs") which is attached hereto and incorporated
herein by reference. LICENSEE may use the Premises for other purposes, subject to the written
consent of the City Manager or his/her designee. In subsequent years, no later than October I",
ArtServe shall submit to the City Manager, or his/her designee. a list of Programs that ArtServe
proposes to hold on the Premises in the upcoming year. The City Manager, or his/her designee,
shall have the right to review and approve the list of Programs for each year. LICENSEE
covenants that except for the Programs as provided herein, LICENSEE will not, without written
consent of the CITY, permit the Premises to be used or occupied by any other person, firm,
entity or corporation other than LICENSEE or its agents. LICENSEE further covenants that no
nuisance or hazardous trade or occupation shall be permitted and nothing shall be kept in or
about said Premises which will increase the risk of any hazard, fire or catastrophe, and no waste
shall be permitted or committed upon or any damage done to said Premises. LICENSEE shall
not permit the licensed Premises to be used or occupied in any manner which will violate any
laws or regulations of any governmental authority.
ASSIGNMENT
LICENSEE shall have no authority to assign any portion of the Premises during the Term of this
Agreement. Should LICENSEE attempt to assign this license, then the license shall be
terminated forthwith without prior notice to LICENSEE.
DAMAGE TO PREMISES
LICENSEE agrees that all personal property, inventory, or stock placed on the Premises shall
remain the property of LICENSEE, and shall be placed on the Premises at the risk of
LICENSEE. LICENSEE shall give the CITY prompt written notice of any occurrence, loss,
incident or accident occurring on the licensed Premises.
INSPECTIONS
CITY, its agents, or authorized employees may enter upon the Premises at all reasonable times
and hours, to examine same to determine if LICENSEE is properly maintaining the Premises
according to this Agreement.
INDEMNIFICATION
LICENSEE acknowledges that any personal property placed on the Premises is at LICENSEE's
sole risk. To the extent permitted by law, LICENSEE shall indemnify and save harmless and
defend the CITY, its trustees, elected and appointed officials, agents, servants and employees
from and against any claim, demand or cause of action of whatsoever kind or nature arising out
of error, omission, or negligent act of LICENSEE, its agents, servants or employees in the use of
the Premises, for all costs, losses and expenses, including but not limited to, damages to persons
or property, judgments and attorneys' fees arising out of or in connection with the uses or
operations permitted under this Agreement.
The parties recognize that various provisions of this Agreement, including but not necessarily
limited to this Section, provide for indemnification by the LICENSEE and requires a specific
consideration be given therefor. The parties therefore agree that the sum of Ten Dollars and
00/100 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such
indemnities, and the providing of such indemnities is deemed to be part of the specifications with
respect to the services to be provided by LICENSEE. Furthermore, the parties understand and
agree that the covenants and representations relating to this indemnification provision shall serve
the term of this Agreement and continue in full force and effect as to the party's responsibility to
indemnify.
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In addition, LICENSEE shall insure that any artists, who participate in any of the Programs
sponsored by LICENSEE pursuant to this Agreement, shall execute any necessary disclaimers,
releases, or other document that shall release the CITY from any liability associated with the
storage, handling, and display of the artwork on the Premises described herein. A copy of the
form release is attached hereto as Exhibit "B", and incorporated herein by reference
9. INSURANCE
LICENSEE shall obtain, at LICENSEE's expense, all necessary insurance in such form and
amount as required by the CITY's Risk and Safety Manager before beginning work under this
Agreement including, but not limited to, General Liability Insurance, Workers' Compensation
Insurance, Unemployment Insurance Liquor Liability/or Host Liquor Liability Insurance,
Professional Liability (where applicable) and all other insurance required by law. LICENSEE
shall maintain such insurance in full force and effect during the life of this Agreement.
LICENSEE shall provide to the CITY's Risk and Safety Manager certificates of all insurance
required under this section prior to beginning any work under this Agreement. The LICENSEE
will ensure that any subcontractors comply with the above guidelines and will retain all
necessary insurance in force throughout the term of this Agreement. LICENSEE shall indemnify
and hold the CITY harmless for any damages resulting from failure of the LICENSEE to take out
and maintain such insurance. LICENSEE's Liability Insurance policies shall be endorsed to add
the CITY as an additional insured. LICENSEE shall be responsible for payment of all
deductibles and self-insurance retentions on LICENSEE's Liability Insurance policies.
10. MAINTENANCE OF LICENSED PREMISES AND UTILITIES
CITY agrees to provide janitorial services and electricity to the Premises at no additional cost.
LICENSEE shall be responsible for providing and paying for all costs associated with telephone
and facsimile equipment and any other utility costs and expenses associated with equipment
placed on the Premises by LICENSEE. The LICENSEE agrees to maintain the Premises and all
personal property placed thereon in accordance with the terms and conditions of this Agreement
and consistent with prudent and well -reasoned maintenance procedures and techniques.
11. AMENDMENTS
It is agreed that no modifications, amendment or alteration in the terms or conditions contained
herein shall be effective unless contained in a written document executed with the same
formality and of equal dignity herewith.
12. SURRENDER UPON TERMINATION
Upon termination of this Agreement, LICENSEE agrees to peaceably surrender and deliver the
premises to the CITY in substantially the same condition as it was delivered to LICENSEE at the
beginning of this Agreement, ordinary wear and tear excluded.
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Furthermore, LICENSEE agrees to remove from the Premises at their expense, any personal
property or inventory placed therein. Upon completion of removal the condition of the Premises
shall be safe and not a hazard.
13. WAIVER
Failure of the CITY to insist upon strict performance of any covenant or condition of this
Agreement, or to execute any right herein contained, shall not be construed as a waiver or
relinquishment for the future of any such covenant, condition or right, but the same shall remain
in full force and effect.
14. TERMINATION
This Agreement may be terminated by either party during the term hereof upon ninety (90)
calendar days written notice to the other of its desire to terminate this Agreement.
15. INDEPENDENT CONTRACTOR
This Agreement does not create an employee/employer relationship between the parties. It is the
intent of the parties that the LICENSEE is an independent contractor under this Agreement and
not the CITY's employee for all purposes, including but not .limited to, the application of the Fair
Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution
Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal
Revenue Code, the State Workers Compensation Act, and the State unemployment insurance
law. The LICENSEE shall retain sole and absolute discretion in the judgment of the manner and
means of carrying out LICENSEE's activities and responsibilities hereunder. The LICENSEE
agrees that it is a separate and independent enterprise from the CITY, that it has full opportunity
to find other business, that it make its own investment in its business, and that it will utilize a
high level of skill necessary to perform the work. This Agreement shall not be construed as
creating any joint employment relationship between the LICENSEE and the CITY and the CITY
will not be liable for any obligation incurred by LICENSEE, including but not limited to unpaid
minimum wages and/or overtime premiums.
16. NOTICES
Whenever any party desires to give notice unto any other party, it must be given by written
notice, sent by registered United States mail, with return receipt requested, hand delivery or
facsimile transmission with receipt of delivery, addressed to the party for whom it is intended
and the remaining party, at the places last specified, and the places for giving of notice shall
remain such until they shall have been changed by written notice in compliance with the
provisions of this section. Notice shall be deemed to have been given upon receipt. For the
present, the LICENSEE and the CITY designate the following as the respective places for giving
of notice:
CITY: Jeffrey L. Miller, City Manager
City of Tamarac
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7525 NW 88 Avenue
Tamarac, Florida 33321
Telephone No. (954) 597-3510
Facsimile No. (954) 597-3520
Copy To: Samuel S. Goren, 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
LICENSEE: Maureen Kohler, Executive Director
ArtServe, Inc.
1350 East Sunrise Boulevard
Fort Lauderdale, Florida 33304
Telephone No. (954) 462-8190
Facsimile No. (954) 462-9182
Copy To; Alan Koslow, P.A.
Becker and Poliakoff
3111 Sterling Road
Fort Lauderdale, Florida 33321
17. BINDING AUTHORITY
Each person signing this Agreement on behalf of either party individually warrants that he or she
has full legal power to execute this Agreement on behalf of the party for whom he or she is
signing, and to bind and obligate such party with respect to all provisions contained in this
Agreement.
18. LAWS AND ORDINANCES
LICENSEE shall observe all laws and ordinances of the CITY, county, state, federal or other
public agencies directly relating to the operations being conducted on the Premises.
19. SEVERABILITY
If any provision of this Agreement or application thereof to any person or situation shall to any
extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of
such provisions to persons or situations other than those as to which it shall have been held
invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect,
and be enforced to the fullest extent permitted by law.
20. NON-DISCRIMINATION
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Exhibit A
ARTSERVE PROGRAM - 2007
ART EXHIBITS
"Best of ArtServe"
*Tuesday, Jan 30Th Exhibit Opening 5pm to 7pm
"Summer Ice"
*Thursday, Aug 30TH Exhibit Opening 5pm to 7pm
PERFORMANCES:
Saturday, April 14th TCC Performance 4pm to 6pm
Saturday, December 4th TCC Performance 1 pm to 3pm
Neither party shall discriminate against any employee, person, or participant operating pursuant
to, by, or in accordance with this Agreement regardless of race, color, sex, religion, age, national
origin, marital status, political affiliation, familial status, sexual orientation or disability.
21. GOVERNING LAW
This Agreement shall be governed by the laws of the State of Florida with venue lying in
Broward County, Florida.
22. ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement between the CITY and the
LICENSEE and supersedes all prior negotiations, representations or agreements, either written or
oral.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the
day and year first written above.
ATTEST:
Marion Swenson, City Clerk
APPROVED AS TO FORM:
, *0*
Office of the Cl
ttorney
Signed and delivered
in the presence of:
- - - -w- - A " -
Print Name
�YAvi A. Lewiv)
Print Name
CITY OF TAMARAC, FLORIDA
By:
Beth Flansbaum-Talabisco, Mayor
ARTSERVE, INC.
BY: "" A�
Print Name:
Title: 0
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STATE OF FLORIDA
COUNTY OF BROWARD
I HEREBY CERTIFY that on this day of 2006, before me personally
appeared personally known to be the individual who
executed the foregoing instrument and acknowledged before that he executed the same for the
purposes therein, is vpersonally known to me or produced
as identification.
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