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HomeMy WebLinkAboutDocumentation_Regular_Tab 11_12/13/2012 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM Meeting Date: Meeting Type: Regular Ordinance #: N/A 12-13-2012 Consent Agenda: No Resolution #: N/A Originating Department: Attorney . �. . Council Approval of Mobile Message BoadUse Policy and Template Agreement : � . . •. Account #: Amount of this item: Current Budgeted Amount Available: Amount Remaining after i#em: Budget Transfer Required: Choose an Approp�iate Fund Balance: Choose an item. item. .- � . �- Council Approval of Mobile Message Boar�Use Policy and Template Agreement .••-� . . - D�par�nent Head Finance Director Reviewed for Financial SufFciency ❑ No Financial Impact ❑ Attorney: (for legal sufficiency) Village Manager: Submit for Council Discussion: � } Approve Item: ❑ Deny Item: (� . , . � �. • . .- -.. . - Form Amended: 7/12/12 VILLAGE OF TEQUESTA MOBILE MESSAGE BOARD USE POLICY l. Use of the Village's mobile message board may be permitted on a temporary basis for advertisement of certain community based events that are hosted by charitable, religious, educational or other non-profit entities when such event is open to the public and will be held within the Village of Tequesta. 2. An organization wishing to use the message board pursuant to this policy must execute an agreement with the Village in the form attached hereto. 3. Message board copy shall be limited to the name, date(s), cost of admission and location of the event being advertised. 4. The messa.ge board shall be located and placed at the sole discretion of the Village, with input from the requesting organization. 5. Use shall be limited to a maximum 48 how period which may include tlie time immediately preceding the event being advertised and during the event being advertised. 6. The message board shall at all times remain in the sole care, custody and control of the Village. 7. Use shall be on a first-come-first served basis. 8. In the event that the Village determines that it has an official need for the message boa.rd that occurs during the time agreed for use by an organization pursuant to this policy, the Village's need shall in all cases supersede the organiza.tion's use. To the extent practical, tlie Village may, but is not obligated, to provide notice of such official need. 9. Verification that the event being advertised complies with the palicy criteria contained herein shall be provided to the Village Manager prior to execution of the attached agreement. 10. Use of tlie message board in accordance with this policy is determin+ed to be a public purpose. 1 VILLAGE OF TEQUESTA MOBILE MESSAGE BOARD USE AGREEMENT THIS AGREEMENT made this day of December, 2012 between , whose address is , herein referred to as , and the Village of Tequesta, a municipal corporat�on with offices located at 345 Tequesta Drive, Tequesta, Florida 33469, herein refened to as the VILLAGE. Whereas, the VILLAGE owns and operates a mobile message board; and Whereas, is hosting a community-wide, public event and des�res to use said message board to advertise said event; and Whereas, the VILLAGE has determined, in accordance with its message board use policy, that such use complies with said policy and serves a public purpose. Now Therefore, in consideration of the mutual covenants conta.ined herein, the receipt and sufficiency of which are hereby acknowledged, the VILLAGE agrees to allow to advertise its event on the VILLAGE'S mobile message boazd as follows: Message Board Copy: Message Board Location: Date(s) and Time(s) of Message board Use: agrees to the extent permitted by law, to indemnify and hold harmless the VILLAGE from a.nd against any claims, losses, demaads or causes of action whatsoever in kind or na.ture that the VILLAGE, its agents or employees, may or could sustain as a result of or emanating out of the above described message board use, including but not limited to errors in the message board copy or placement of the message board �uipmen� agrees and acknowledges that use of the VILLAGE'S message bc�ard as described herein may be superseded at any time, with no notice, by the VILLAGE in the event that the VILLAGE, through the Village Manager, Public Works Director, Parks and Recreation Director, Police Chief or Fire Chief determine, in any of their sole judgments, that use of the message board is otherwise required for VILLAGE purposes. agrees and acknowledges that at all times, the VII,LAGE'S mobile message board shall be programmed, operated, moved and in all respects controlled by the VILLAGE and that 2 is prohibited from handling, moving or on any way whatsoever touching said message board at any time. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the da.te and year first above written. WITNESSES: (Corporate Seal) VILLAGE OF TEQUESTA Michael Couzzo, Village Manager (Town Seal) ATTEST: 3