HomeMy WebLinkAboutR-1989-106 RESOLUTION N0. 106-89
A RESOLUTION OF THE. CITY OF DANIA, FLORIDA,
APPROVING THE AGREEMENT BETWEEN CITY OF DANIA
AND STEPHENS DISTRIBUTING CO. , INC. , AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THF, CITY OF DANIA,
FLORIDA:
Section 1 . That that certain Agreement between City of Dania
and Stephens Distributing Co . , Inc . providing for the use of a
refrigerated vehicle by city , a copy of which is annexed hereto
and made a part hereof as Exhibit "A" , be and the same is hereby
approved and the appropriate city officials are directed to
execute same.
Section 2 . That this resolution shall be in force and take
effect immediately upon its passage and adoption .
PASSED and ADOPTED this 26th day Of September 1989.
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ATTEST:
CITY CLERK - AUDITOR
APPROVEDASTO/F�O�R/JM� AND CORRECTNESS
By l`;L C/_n X&
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FRANK C. ADLER, City Attorney
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Resolution No . 106-89
AGREEMENT
This agreement , made and entered into this 26th day of
September , 1989 , by and between the City of Dania , a municipal
corporation organized under the laws of the State of Florida ,
(hereinafter "City" ) and Stephens Distributing Co. , Inc . , a
Florida corporation, (hereinafter "Stephens" ) ;
W I T N E S S E T H :
WHEREAS, in the event of a natural or man-made disaster or
civil unrest, the City will be called upon to feed its employees
working under emergency conditions ; and
WHEREAS, the City will require and must depend upon some
means of refrigerating the food to be served to the employees;
NOW, THEREFORE, the parties hereby mutually agree as follows :
1 . The above recitations are true and correct .
2 . Upon reasonable notification by the City to Stephens,
=� Stephens shall provide the City with one ( 1 ) refrigerated truck ,
in good working and mechanical order, for the purpose of storing
perishable foods and supplies for city employees working in the
event of a natural or man-made disaster or civil unrest. City
shall endeavor to give Stephens as much prior notification as
possible but Stephens recognizes and agrees that it may recieve as
little as three or four hours notice in advance of mobilization.
City shall pick up the refrigerated truck at Stephens '
headquarters located at 5950 Ravenswood Road , Dania, Florida .
City will not have access to refrigerated vehicles used by
Stephens Distributing Company during normal working conditions.
3 . In consideration thereof , City shall pay Stephens the
sum of one dollar ( $1 . 00) each time a refrigerated truck is picked
up and utilized by City .
4 . City shall indemnify and save Stephens harmless from and
against all claims, suits, actions , damage or causes of action
arising during the term of this agreement for any personal injury,
loss of life or damage to property sustained by reason of or as a
result of City' s use of its refrigerated truck , I
EXHIBIT "A"
5. It is understood and agreed that City may keep and
utilize any truck for periods of up to five ( 5) consecutive days
at a time . Should City require the truck for a greater length of
time , it will so notify Stephens and obtain continued permission
to keep and utilize the truck. City shall return the truck to
Stephens within a reasonable time following the declaration that
an emergency no longer exists .
6 . This agreement shall be effective for a period of three
( 3 ) years from the date first written but may be cancelled earlier
by the mutual consent of both parties .
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year first- above written .
CITY OF DANIA, FLORIDA, a
municipal corporation of the
State of Florida
By:
WITNESSES: City Manager
By:
Mayor - Commissioner
(As to City )
ATTEST:
—
City Clerk - Auditor
STEPHENS DISTRIBUTING CO. , INC . ,
a Florida corporation
By:
President
(As to Stephens)
APPROOV}ED ASS TO FORM AND CORRECTNESS
By:1--044 ,4 C- al& �
Frank C. Adler, City Attorney
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