The URL can be used to link to this page

Home My WebLink AboutR-1999-184 f A r 7 it c/ d RESOLUTION NO. 184-99 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A LEASE WITH THE CITY OF COOPER CITY FOR USE OF A CITY OF DANIA BEACH EMERGENCY MEDICAL VEHICLE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, THAT: Section I. That the proper City officials are authorized to execute that certain Lease with the City of Cooper City for use of a Dania Beach Emergency Medical Vehicle, which Lease is in substantial form as Exhibit 'A", attached; provided, however, that the City Manager and City Attorney are authorized to make minor revisions to such Lease Agreement as are deemed necessary and proper for the best interests of the City. Section 2. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED this 15`h day of Septet er, 1999. IN CM YO - COMMISSIO�` NER ATTEST: ROLL CALL: MAYOR BERTINO - YES VICE-MAYOR MCELYEA- YES SHERYL CHAPMAN ACTING CITY CLERK COMMISSIONER ETLING - YES COMMISSIONER CALI - YES COMMISSIONER MIKES- YES APPROVED AS TO FORM AND CORRECTNESS: BY: ) THOMA J. AN RO CITY ATTORNEY RESOLUTION N0. 184-99 f r ' x '1 i 6 1 l LEASE AGREEMENT FOR EMERGENCY MEDICAL VEHICLE THIS AGREEMENT, made and entered into on the 24'day of September, 1999 by and between: THE CITY OF DANIA BEACH,a municipal corporation organized and operating pursuant to the laws of the State of Florida, with an address of 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, hereinafter referred to as "DANIA BEACH," and THE CITY OF COOPER CITY, a municipal corporation organized and operating pursuant to the laws of State of Florida, with an address of P.O. Box 290910, 9090 SW. 90th Place, Cooper City, Florida 33329, hereinafter referred to as "COOPER CITY." WHEREAS, COOPER CITY provides Advanced Life Support(ALS)and transport service to the residents of COOPER CITY; and WHEREAS, COOPER CITY has ordered a new ALS rescue ambulance which will not be ready for delivery to COOPER CITY until on or about December 31, 1999: and WHEREAS, DANIA BEACH has agreed to lease an ALS rescue ambulance to COOPER CITY until the new vehicle arrives from the manufacturer; and WHEREAS, the parties desire to enter into this Lease Agreement for DANIA BEACH to lease an AILS rescue ambulance to COOPER CITY, subject to the terms and conditions contained herein. NOW, THEREFORE, in consideration of their mutual covenants, the parties agree as follows: Section 1. The above recitals are true and correct and are incorporated herein. Section 2. TERM OF AGREEMENT 2.01 This agreement is effective upon the approval and execution of both parties and shall commence October 1,1999 ("Commencement Date") and terminate December 31,1999 ("Termination Date"), unless terminated earlier pursuant to the provisions of Section 9 of this Lease Agreement. Upon the written request of the City Manager of COOPER CITY, DANIA BEACH will extend the term of this Lease Agreement for a period not to exceed one year terminating October 1, 2000. Said written extension shall be considered an addendum to this Lease Agreement and shall be attached hereto. Section 3. COMPENSATION 3.01 COOPER CITY shall pay DANIA BEACH ten and 00/100 dollars ($10.00) for the lease of the above referenced vehicle. Said payment shall be sent to the Finance Department, City of Dania Beach. EXHIBIT "A" 4� r 7 i 6 1 Section 4. DUTIES AND RESPONSIBILITIES OF DANIA BEACH 4.01 Upon approval of this Lease Agreement, DANIA BEACH shall provide COOPER CITY, on or about October 1,1999, a 1991 Ford Superduty rescue vehicle Identification No. 2FDLF47M7MC207262. 4.02 DANIA BEACH shall permit COOPER CITY's Public Works Department to inspect the vehicle prior to transfer to COOPER CITY. 4.03 DANIA BEACH agrees that COOPER CITY shall be able to place the name of COOPER CITY on the vehicle, as needed, by using magnetic signs. Section 5. DUTIES AND RESPONSIBILITIES OF COOPER CITY 5.01 COOPER CITY acknowledges that it accepts the above referenced vehicle in"as is" condition, after inspection by the COOPER CITY Public Works Department. 5.02 COOPER CITY shall be responsible for insuring the vehicle and providing any required repair and maintenance for the vehicle during the term of this Lease. 5.03 After inspection of the vehicle by the COOPER CITY Public Works Department, any claims based upon defects shall be deemed arising from COOPER CITY's use of the vehicle as provided in Section 6.01 of this Agreement. 5.04 COOPER CITY shall not make any modifications to the leased vehicle, other than as required in connection with normal repair and maintenance, without the express written approval of DANIA BEACH. 5.05 COOPER CITY agrees to return the vehicle at the end of the term to DANIA BEACH in good operating condition, ordinary wear and tear excepted. Section 6. INDEMNIFICATION AND INSURANCE 6.01 To the extent permitted by aw, COOPER TY agrees to indemnify and hold harmless DANIA BEACH and all its officers,elected ld or and employees from any loss, damage, or injury to persons or property arising from COOPER CITY's use of the vehicle or COOPER CITY's failure to comply with all the terms and conditions of this Agreement. If a claim is litigated and names DANIA BEACH as a party defendant, DANIA BEACH shall be held harmless as to all costs and expenses associated with the litigation related to that claim, including but not limited to, costs,attorneys'fees, paralegal expenses, attorneys'fees on appeal, monies paid In settlement or monies paid to satisfy any judgement obtained herein. If called upon by DANIA BEACH, COOPER CITY shall assume the defense of and defend DANIA BEACH in any such action, all at no cost or expense whatsoever to DANIA BEACH. 6.02 DANIA BEACH agrees, to the extent permitted by law, to indemnify and hold harmless COOPER CITY and all its officers,elected or otherwise, and employees from any loss, damage, or injury to persons or property arising from DANIA BEACH's negligence or failure to comply with all the terms and conditions of this Agreement. If a claim is litigated claiming that DANIA BEACH was negligent or failed to comply with terms and conditions of this Agreement, 2 f r -i FiUG-23-1939 16:32 BPU CLEY, HCNERNEY l and names COOPER CITY as a party defendant, COOPER CITY shall be held harmless as to all costs and expenses associated with the litigation, including but not limited to, costs, aft omeys' fees, paralegal expenses, attorneys' fees on appeal, monies paid in settlement or monies paid to satisfy any judgement obtained herein, except for claims based upon negligence of COOPER CITY or its employees for the operation and maintenance of the leased vehicle. 6.03 COOPER CITY shall maintain throughout the term of this Agreement any and all applicable insurance coverage required by the insurer of DANIA BEACH and shall name DANIA ficate holders, all in compliance with the BEACH, such insurer or both, as additional certi requirements of the insurer of DANIA BEACH. Proof of such insurance coverage shall be furnished to DANIA BEACH's Risk Management Division prior to the release of the leased vehicle to COOPER CITY. 6.04 Nothing herein shall be construed or interpreted as a waiver of sovereign immunity by either DANIA BEACH or COOPER CITY. Section 7, RECORDS 7.01 COOPER CITY shall maintain all repair and maintenance records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. A copy of all such repair and maintenance records shall be provided to DANIA BEACH upon the termination of this Lease Agreement. Section 8, ASSIGNMENT 8.01 COOPER CITY shall not assign this Lease Agreement in whole or in part, without the written consent of DANIA BEACH. Section 9. TERMINATION 9.01 This Agreement may be terminated by either party upon ten (10) calendar days' written notice. Section 10. COMPLIANCE WITH LAWS 10.01 DANIA BEACH and COOPER CITY shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida, and of any other public authority which may be applicable. Sect, VENUE 11.01 Venue for any claim, objection or dispute arising out of the terms of this Agreement shall lie in Broward County, Florida. Section I2. GOVERNING LAW 12.01 The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. Section ENTIRE AGREEMENT 3 G r AUG-23-1999 16:32 RP,iNV.LEY, hICNERPIEY 13.01 This Agreement contains the entire understanding of the parties relating to the subject matter hereof superseding all prior communications between the parties whether oral or written, and this Agreement may not be altered, amended, modified or otherwise changed, nor may any of the terms hereof be waived, except by a written instrument executed by both parties. The failure of a party to seek redress for violation of or to insist on strict performance of any of the covenants of this Agreement shall not be construed as a waiver or relinquishment for the future of any covenant, term, condition or election, but the same shall continue and remain in full force and effect. Section 14. SEVERABILITY 14.01 Should any part, term or provision of this Agreement be by the courts decided to be illegal or in conflict with any law of the State, the validity of the remaining portions or Provisions shall not be affected thereby. Section 15. NOTICES 15.01 Whenever either party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, or facsimile transmission with receipt of delivery, addressed to the party for whom it is intended at the place last specified; and the place for giving of notice shall remain as 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: COOPER CITY Joseph R. Lello, Fire Chief City of Cooper City 10550 Stirling Road Cooper City, Florida 33026 Telephone No. (954)432.8905 Facsimile No. (954)433-1367 COPIES TO: Christopher J. Farrell, City Manager City of Cooper City P.O, Box 290910 9090 S.W. 50th Place Cooper City, Florida 33329 Telephone No. (954)4344300 Facsimile No. (954)434-5099 Alan F. Ruf, City Attorney Law Offices of Alan F. Ruf 2455 East Sunrise Boulevard, PH East Fort Lauderdale, Florida 33304 Telephone No. (954)561-2230 Facsimile No. (954) 561-7489 DANIA BEACH Kenneth Land, Fire Chief City of Dania Beach Fire-Rescue 102 West Dania Beach Boulevard Dania Beach, Florida 33004 4 r '1 ALA,-23-1999 16:33 BRIMKLEY, MCNERNEY R.Oh (-,I- Telephone No.(954)921-8700 (Ext. 307) Facsimile No. (954)921-0959 COPIES TO: Michael W. Smith, City Manager City of Dania Beach P 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Telephone No.(954)921-8700 (Ext. 201) i Facsimile No, (954)921-2604 Thomas J. Ansbro, Esquire Brinkley, McNerney, et al. 200 East Las Olas Boulevard Fort Lauderdale, Florida 33301 Telephone No. (954) 522-200 Facsimile No. (954)522-9123 5 f 1 s RUG-23-1999 16:33 BRINKLEY, PICNERNEY P G7/07 i IN HEREOF, the caused WITNESS nts t be executed iny of Dania each and the heir respective names by the lty Of proper ofc a ser Ity he d ha and year first above written. ATTEST: • CITY OF DANIA BEACH, a municipal n corpgration of the ate of Florida � Acting C ty Clerk ayor— Commissioner Dated this ay ) 1999 By: C' na r, 4'chael , Smith Date is day oI J,; j APPROVED AS TO FORM AND CORRECTNESS By: I Cir ey ATTEST: CITY OF COOPER CITY, a municipal corporati of the tate of lodda. J City Clerk -�ls�,t.,ti-�.. Mayor- Com Issioner DatedthiSA47,q d yof& usT,1999 Ity Manag r Datedthis, q7N dayof6y tSr,lggg APP VED A T FO D CORRECTNESS B : City ne G:1WPFILES1GUENTSZANf4IAGREEMENTS,MISCICooper City EM veh;de.&2j'g0MSW,dac G f r, r CITY OF DANIA BEACH I' FIRE - RESCUE DEPARTMENT INTER-OFFICE MEMORANDUM TO: Michael W. Smith, City Manager FROM: Kenneth Land, Fire Chief f/ RE: Lease of Rescue Vehicle to Cooper City DATE: August 31, 1999 Attached hereto is copy of "Lease Agreement for Emergency Medical Vehicle" which has been fully executed by Cooper City. As you are aware, and as set forth in my memo to you under date of July 20, 1999, a copy of which is attached hereto for your ready reference, Cooper City has ordered its own ALS vehicle but does not expect delivery until sometime after October 1, 1999. Cooper City requested the loan of one of our units and Dania Beach Fire-Rescue has offered the use of one of its reserve ALS (advanced life support) vehicles. Pembroke Pines has loaned Cooper Gity one of its "first out"rescues and Margate has loaned them one of its reserve units. Accordingly, it will be appreciated if you will please place this item on the agenda for the September 14, 1999, regular commission meeting. Cooper City is prepared to accept delivery of this vehicle as soon as the City of Dania Beach executes this lease agreement. For your further information, City Attorney Ansbro prepared the finalized COPY of this document and forwarded it directly to Cooper City in order to meet the deadline for placement on the agenda for Cooper City's commission meeting held August 241r' In addition to the foregoing, I am also attaching letter from Cooper City relating to returning a copy of the executed agreement, and a copy of Resolution No. 99-8-8 relating to the passage of the subject vehicle lease. If you have any questions relating to this matter, please do not hesitate to contact me. KL:clb attachments a- F ' CITY OF DANIA FIRE DEPARTMENT INTER-OFFICE MEMORANDUM TO: Michael W. Smith, City Manager, J FROM: Kenneth Land, Fire Chief RE: Lease of Rescue Vehicle to Cooper City DATE: July 20, 1999 Attached hereto is draft of "Lease Agreement for Emergency Medical Vehicle". This draft copy is between the City of Pembroke Pines and Cooper City and sets forth the same terms and conditions we have discussed with Cooper City. As you are aware, Cooper City has ordered its own ALS vehicle but does not expect delivery until sometime after October 1, 1999. In the meantime, Dania Beach Fire-Rescue has \ offered the use of one of its reserve ALS vehicles. Accordingly, it will be appreciated if you will please submit a copy of the attached agreement to Tom Ansbro, Esq. for review and preparation of a like agreement between the City of Dania Beach and Cooper City, In addition, I hereby request that this be done as soon as possible since Cooper City will be prepared to accept delivery in approximately three (3) to four(4)weeks. In addition, I want you to be informed that we have a second reserve vehicle available for use and the City of Hollywood has agreed to loan us one of their reserve units in the unlikely event that should become necessary. In short, you have my assurance that the loan of this vehicle to Cooper City will in no way effect the day-today operations or the efficiency of our fire-rescue department. If you have any questions relating to this matter, please do not hesitate to contact me. KL:clb attachment r- .. l -r Suellen H. Fardelmann, May Angelica Palank,Commisso Barry Jay Warsch,Commiss Bob Webster,Commissioner M. Scott Kleiman,Commissi< Christopher J. Farrell,City b, THE CITY OF i 13ROWARD COUNTY, FLORIDA Someplace Special 9090 Southwest 50th Place Cooper City, Florida 33329-0910 August 26, 1999 (954)434.4300 • Fax 434.5099 Fire Chief Kenneth Land City of Dania Beach Fire-Rescue 102 West Dania Beach Boulevard Dania Beach, FL 33004 Re: Ambulance Lease Agreement Dear Chief Land: Enclosed please find a copy of the City of Cooper City Resolution No. 99-8-8, Authorizing the Execution of an Ambulance Lease Agreement with Dania Beach. Also enclosed are two (2) original agreements which have been signed by the City. After the agreements are signed by the City Officials of Dania Beach, please return one (1) original agreement to my attention at the above address. Please contact the undersigned if you have any questions or require additional information. Very truly yours, Stephanie F. Hurt Assistant City Clerk sfh Encl. cc: Fire Chief Joseph Lello, Cooper City Fire Department EOUAL.OPPn ATI INITV FAAPI nvro b 7 r RESOLUTION NO. 99_8_8 A RESOLUTION OF THE CITY OF COOPER CITY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMBULANCE LEASE AGREEMENT WITH DANIA; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF COOPER CITY, FLORIDA: Section 1; That the Mayor and City Clerk be and hereby are authorized to execute an Ambulance Lease Agreement with Dania, a copy of which is attached hereto as Exhibit "A" and made a part hereof by this reference. Section : This Resolution shall be in force and take full effect immediately upon its passage and adoption. PASSED AND ADOPTED this 24 day of A gust, A.D. , 1999. SUELLEN H FARDELMANN May ATTE ; SUSAN BERNARD City Clerk ROLL CALL Mayor Fardelmann Commissioner Palank Commissioner Warsch Commissioner Webster Commissioner Kleiman .f r 3�- r, • r "1 Town Tall D A N I A BEACH Commission votes to help out Cooper City Dania Beach commissioners voted last week to authorize city officials to lease an emergency medical service vehicle to Cooper City. Cooper City has purchased its own vehicle,but is waiting for its delivery after Oct.I.The loan vehicle is an older surplus vehicle. The loan is not meant to generate revenue,but to help out a neighboring city,officials said.The city wants to maintain good relations with sister cities, Dania Beach Fire Chief Ken land said. Also,Dania Beach commissioners approved an agreement with Hollywood to perform preventive maintenance and repair on fire- rescue vehicles.Fire-Rescue officials hope to have several agreements with nearby cities and be able to choose the cheapest rates for those services when needed. f sr r. r y Sun-Sentinel S O U T H F L 0 R I D A - S U N D A Y , SEPTEMBER 26 , 1 9 9 9 Jail takeover talks stalled Hollywood called for the Sheriff's Office to for the loss through temporary employees were worried that supervise the detention center cuts to the Police Department this could be the first step in a sheriff continue but reimburse Hollywood for use budget and plans to boost reve- merger between the Sheriff's Of- of the employees already work- nue. fice and the Hollywood Police. ing there. Finz said the cuts,which in- Department. to negotiate Sheriff's Office officials re- clude a$95,000 elimination of "I don't think that is in any jetted that idea, saying they capital spending and tighter con- way a possibility,but it is a con- Han U Staffin wanted county employees to run trols on police overtime,won't tern,"Scarberry said. g- p 1S g the center. affect the level ofpoliceservice. Another option for the county City officials had hoped to The 11 employees affected by is to open its own processing fa- of detention center seal a deal with the Sheriff's Of- the change would not lose their cility in the southern section of fice by Friday,the start of the jobs,Finz told the City Commis- the county in place of the one city's fiscal year,but announced sion. Hollywood runs now. By KATIE RYAN last week that it could take Any reduction in staff could Finz told the City Commission STAFF WHITER months more of negotiations, be achieved through attrition or that he expected negotiations to The takeover,if worked out, a transfer of the employee's continue and was confident an HOLLYWOOD—A plan to could save the city about choice,Finz said. agreement could be reached turn over control of the city'sde- $680,000,the yearly cost of run- Cheryl Stopnick,a Sheriff's sometime in the next several tention center to the Broward ning the detention center. Office spokeswoman, said on months. Sheriff's Office is snagged on a But because the city cannot Friday that Sheriff Ken Jenne disagreement over how the predict when it might see those was still open to negotiations if switch would work. savings,City Manager Sam Finz Hollywood wanted to continue. Katie Ryan can he reached at Hollywood's proposal, en- outlined a plan at a Sept.15bud. Hollywood Police Chief James hryan@sun-sentinel.comor dorsed by the city's police union, get hearing that compensated Scarberry said last week police 954-385-7920. L f L a�-