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HomeMy WebLinkAboutR-1995-044 i SS ' ds. +} y,,,hyi fC • 'lyl,: a , '. i- fn N+u' r � 1 IA. Qi yJtil ,Ly r. 1 E �i I FYI Y Yjr t 4 Lt I TA v. f,,� r { � 1'M? • Rl ., l Is RESOLUTION NO. 44-95 t ty A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING AGREEMENT BY AND BETWEEN AIR Y. DANIA MOTOCROSS JOINT VENTURE AND THE CITY OF DANIA, RELATING TO WEEKEND STANDBY AMBULANCE SERVICE; AND PROVIDING FOR AN EFFECTIVE DATE. o r„ , y 1 BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, r` l{S FLORIDA: s Section 1 That that certain Agreement by and between the City of Dania and a Air Dania Motocross Joint Venture, relating to weekend standby ambulance serice, a copy of which is attached hereto as Exhibit "A", be and the same is hereby approved and the appropriate city officials are hereby authorized to execute same. , '� ialf +-$&Qtion 2 That this resolution shall be in force and take effect immediately upon its passage and adoption. , PASSED and ADOPTED on this 28 ` rs ', day of March 1995. { ., j f \ J „p( ll 14 mayor- C ATTEST: y missioner 41, f �. t M• �f Y '� (S [r Acting kALY Clerk -Auditor r t " APPROVED AS TO FORM &�• CORRECTNESS > Jr+) r U AlM t � By:� t s 1 Frank C. Adler, City Attorney , k ry n�1 F1•i Resolution No. 4_ 4-95_ ) !! Y„4'�tML.¢¢e•{pY`'Yry-',ISi E Y I „ sl�•[1' •IM• t��•v'p�?ynrf S�y{eYF J . L ry ,T faYyx�'I•ti•"�i� Xy � x� r„ l yy... 7i •+ �� �Jif'( �, R.. � Y Y .t r� ,fJ'µ�S'�'x� N , Y.�,47; r i - 1�f ,$F , \. � 'it _... _.._ is �•^7�s 7 + r tt > � vita a + E,tih�.ry1� rk,JF r-�r�+ti tl r i � ,'C ry�(LT7 is. ft� 114 Fora Ti \ ti 1 AGR_ EEME � t + THIS AGREEMENT is made and entered into this by and between AIR DANIA --day of hereinafter referred „ MOTOCROSS JOINT VENTURE, to as JOINT SURE, hereinafter of VENTURE= = and THE CITY referred to as "DANIA" . OF DANIA, R E C I T A L S ; WHEREAS, JOINT VENTURE is in the business of operating and maintaining a motocross track within the ff"1 City of Dania; WHEREAS, the City� x Y of Dania employs paramedics and owns fully m equipped ambulances; and ' WHEREAS, JOINT VEN TURE desires to engage Mr paramedics and full y equipped the use of DANIA S t>e<?- ambulances for its racing WHEREAS, D 9 events; and {> rlr DANIA desires to provide the use of the full paramedics Y equipped ambulances to JOINT VENTURE and �+ NOW, THEREFORE Y 1 , , in consideration hand, the of Ten Dollars ($10 . 00) aid mutual covenants P in l contained herein and ' .valuable consideration, for other good and deration, the receipt and efficiencyY acknowledged, the o� which are hereb parties hereto agree as follows : ��;7�i,Y 1• Truth of Recitals. The above ,kt and are hereby incorporated i recitals are true any correct ; into this agreement . 2 . Bcooe of Use. DANIA JOINT VENTURE, the use of a n shall, make available as needed by minimum of two ,qk sanctioned racing (2) Paramedics for non- who events, who are fully licensed and accredited in trauma transport and the use of two a, equipped ambulance (2) Paramedics and one all of whom are full (1) fully Y licensed a trauma transport for sanctioned and accredited in ,. racing events . JOINT agrees to prc.,ide a minimum of two VENTURE hereby f,$sV;fc z1 +. sanctioned racing (2) weeks advanced notice of all f events. DANIA agrees to make the aforedescribed paramedics and ambulance available to JOINT VENTURE standby each weekend on a � y basis during the term of this Agreement . y b y: + �Ij�Yly ll r3rrit.fu 4. 1 Y-ry I FP. pi 'lot . S xr*.v A,} k7 y' F• '3� 1 ' E,� A fk , 1 I sp Sensation aad E Xaenaua In consideratio � n use of the for the actual paramedics who are fully licensed and accredited in trauma i transport, JOINT VENTURE agrees to s Fifty Pay DANIA Twenty-two Dollars and z, Y Cents ($22 .50) per hour for VENTURE. each paramedic utilized by JOINT Payment , Pursuant to this paragraph shall be completion of the last racin due upon g event on each weekend for which the { paramedics are being provided by DANIA- All sums due by JOINT VENTURE s shall be payable on a two (2) week billing ' due for any weekend w cycle. No payment shall be here no Paramedics are being VENTURE. b utilized Y JOINT 4 0, In consideration for the actual use of the fully equipped ambulance, JOINT VENTURE agrees to Pay $361.15 for the first month and ,`,� $361. 11 per month thereafter for 35 months, totaling $13, 000 . 00 over a T) three year o this period. Payment pursuant t x paragraph shall be due and payable on the 15th day of each month for the life of the Agreement . 4• Terra• This Agreement Y^j ' shall be in effect retroactive to January 15, 1995 �!, and shall continue for one 1 � shall automatically ( ) Year. The Agreement y renew at the end of the initial term ha` t successive renewal term and each ' } for successive one notice of cancellation is given (1) Year teens, unless r� pursuant to paragraph 5 below. ` 5 • Termination Either 7� ,:--•^ ,l ------_• party may terminate this Agreement at any time with or without cause by giving thirty (30) days written other � . party, and such termination shall be effective 5y, immediately upon lapsing of said thirty (30) day period. 7 6• Relationship of Paramedics described in to Parties. The paramedics this to shall considered employees under no circumstances, be or s a. independent contractors of JOINT old JOINT VENTURE VENTURE• DANIA shall indemnify and h # NTURE harmless from an ` claims of every kind and description whatsoever asserted againstnJOINT a all VENTURE arising out of the performance of the paramedics' duties, xr,� obligations and responsibilities hereunder. JOINT VENTURE '�' • have control of shall not f>:,�• the paramedics'� activities'•' or duties and 2 , the , h 1 •�ry x'x �c A` N+S4 y •l 1 .. ry f1 ,WWdSy l a-+ k4ir�?, t �,'��`��e•S' �'� r,'�k'�S t H ,. W v . r } 1 � y par rr DANIA shall amedics�e free to exercise their own independenl�jud " the manner in which their duties are carried out , yme sh as to ' t all be required to make any and all arrangements for payment of income taxes � i and social security taxes with regard to the paramedics, it being understood that JOINT VEtTIIJJRE will not treat the employees for paramedics as purposes of employment taxes and income tax withholding. 7 . Miscellaneous Provisionsa. . Gender. Wherever the context shall require, ll words herein in the masculine gender shall be deemed to include theafem nine or neuter gender, all singular words shall include the plural and all plural shall include the singular. b• Seve� r�ity, If any of the provisions hereof are t f' unenforceable in whole or in part under the laws of any state where the same is sought to be enforced or as applied to any Persons or .� circumstances, the remainder of this Agreement and the application of k such provision or part thereof to other persons or o � p circumstances shall �" not be affected thereby. C. Further Cooperation. From and after the date of this f.. ra { r = Agreement, each of the parties hereto agrees to execute whatever i additional documentation or instruments as i are necessary to carry out the intent and purposes of this Agreement . t d. Waiver. No waiver of an Y provision of this Agreement � ? shall be valid unless in writing and signed b g Y the person against who ' it is sought to be enforced. The failure of an Y party at any time to insist upon strict r " i performance of any condition, promise, agreement or understanding set forth herein, shall not be constr ued as a waiver or to insist relinquishment of the right upon strict g u performance of the "? same condition, promise, agreement or understanding at a future time. e. Amendment. This Agreement may y only be amended or modified at an ��lsl Y time by an instrument in writing executed r', s 1 'f by the parties hereto. 7 r. 3 rH rt L lta �` t AID' F 1'f u. .� 'l�ty*��� 4f k4, 1 , ,�\ r• '`�ri XNF x ,, ;$`rN� r Ix }!L4 M Y 1V Q i HK i 1u 1 , � ra iqe A� I ` yi 1IT�.• , > t , Y 1 Counterpart Execution This Agreement0ay be executed in two (2) counterparts, each of which shall be deemed an original, but both of which together shall constitute but one and the same instrument. q• Ass�eIIt This Agreement may not be assigned by either party without the consent of the other party. h• Parties in Interest. � All the terms and provisions of this Agreement shall be binding upon the inure to the benefit of and be enforceable by the parties hereto, their successors and assigns . i • Entire Agreement, This Agreement and the exhibits whir attached hereto constitute the entire Agreement and understanding of IT the parties ar FE § on the subject matter hereof and supersede all prior agreements and understandings g relating thereto. }° j • Const�an It is the intention of the parties that v JrJ the laws of the State of Florida shall govern the validity � Agreement, the construction of its terms, and the interpretation of this F" rights and duties of the parties. p ion of the > p The parties agree and acknowledge that each party has reviewed and revised this Agreement and that the normal rule of construction to the effect that an ambiguities f Y guities are to ' be resolved against the drafting parties shall not be employed in the }interpretation of this Agreement or an g y amendment or exhibits thereto. The law firm of Abrams, , ,r Anton, Robbins, Resnick & Schneider, P.A. has represented JOINT VENTURE in the preparation of this Agreement . DANIA d 3 � acknowledges that it has been advised to have separate p ate legal representation in connection therewith. k• Notices. notice Any communication, request, ' "' � reply or � advice required or permitted to be �., given hereunder must be in writing ` { } t and shall be served by depositing the same in the United States mail addressed to the other party to be notified at his or its last known w u address, postage prepaid and fax �' 4 receipt registered or certified with return pt requested or by delivering the same in person to such art Mx p y• < 3, " 5 4 u w � *3Y} ss '� >fM;�'{r-�'q:1l S,yp; Y`!J` V sfti L p it p w>R -,etF &'r°4? y� s3e6 ° 3 + ,Y x '�(l tw��ue ltihty:: x d1 a4tf Y IN OESS WHEREOF ' t the parties hereto have executed �sy Agreement as of the day of this { Y 1995. Signed, sealed and delivered n, r in the Presence of: Alt � It y" AIR DANIA MOTOCROSS JOINT VENTURE J , BY. ri z, I IAN PENICK President +f SOUTH FLORIDA SPORTS r. COMMITTEE, INC. CITY OF D ANIA r (seal) ATTEST: , ;,rryxF Mayor - Commissioner ' y Clerk Acting City City Manager ti BY: s Approved for form and �. ti5 x� r. correctness : i By: Frank C. Adler, City Attorney VMs +fi4� �j tv f��4t tt� f3� v J FL' l 1 7 t i t 1 t i Y± e J � y ti� Y i +.a 2 1P 4 7' t i is A ��4 1 f ,1 t y r( if These images were produced in the normal course of business by: i The Microfilm Depot/Advanced Imaging Solutions ' 1213 South 30 Avenue, Hollywood, FL. 33020 Brow: (305) 927-4404 Dade: (305) 625-0509 y r t t; { 1 + j r } n. i 2; +F, ij YE b 4 4 54;r 9 L 4uA ns� r• i'4•t*wA, :t ;Lrs'0. i't ukz 5 L ! « x ». . . } . � . . � � � � . � . : »\ . \, \ � � � . � � . � § � � �) �! � �} } � \ : . . � . . . � � � . � � . � \ � � . 9 _ �© \ r � . ! � � � . { . � � < \ � . / � ��, y , .��/ , � .