HomeMy WebLinkAboutR-1993-150 1
RESOLUTION NO. 150-93
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A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING THE AGREEMENT BETWEEN THE CITY OF
I DANIA AND STEPHENS DISTRIBUTING CO., INC.; AND
I PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, kk
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FLORIDA; f
j Section 1. That that certain Agreement between the City of Dania and Stephens ffff
g of which is attached hereto and made a part hereof as Exhibit
Distributing Co., Inc., a copy
"A", be and the same is hereby approved and the appropriate city officials are hereby
directed to execute same.
! Section 2 That this resolution shall be in force and take effect immediately upon its
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passage and adoption.
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j PASSED and ADOPTED on this 2 Bt h day of 5 e pt . , 1993.
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j MayoFIr- Commissioner
ATTEST:
City Clerk -Auditor
APPROVED AS TO FORM & CORRECTNESS
Frank C. Adler, City Attorney
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AGREEMENT
THIS AGREEMENT, made and entered into this day of
1993, by and between the City of Dania, a municipal corporation organized under the
I laws of the State of Florida, (hereinafter "City") and Stephens Distributing Co., Inc., a
j Florida Corporation, (hereinafter "Stephens"); f
iI WITNESSETH:
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;
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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 i
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
fevent of a natural or man-made disaster or civil unrest. City shall endeavor to give i
Stephens as much prior notification as possible but Stephens recognizes and agrees
that it may receive 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,
1 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.
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 f
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.
EXHIBIT "Ar'
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6. This agreement shall be effective for a period of one (1) year from the date
first written and shall be automatically renewable for a period of one (1) year on each
anniversary date unless cancelled earlier by the mutual consent of both parties. Either
reement upon providing 60 days prior written notice to the
party may terminate this ag
other party.
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ereto have set their hands and seals the
IN WITNESS WHEREOF, the parties h
day and year first above written.
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CITY
WITNESSES: CITY OF DANIA, a municipal
corporation of the State of Florida
By:
Robert F. Flatley
City Manager
j By.
Mayor - Commissioner
Attest:
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Wanda Mullikin, City Clerk-Auditor
WITNESSES (as to Stephens) STEPHENS DISTRIBUTING CO., INC.,
a Florida Corporation
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By:
President
APPROVED AS TO FORM AND CORRECTNESS
By:
Frank C. Adler, City Attorney
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