The City of Tamarac has offered to provide office space and incidental services at its City Hall at no cost to the County, for use as an office for Commission District 3. An agreement is required for the County to occupy the space. The license agreement attached as Exhibit 1 makes the space available to the County at no cost through September 30, 2018 (subject to renewal), and contains very limited indemnification and insurance requirements. The agreement also authorizes the County Administrator to execute a renewal provided there are no changes to the substantive terms.
Although use of public property for a public purpose is not considered a gift under either Florida law or the County's Code of Ethics, the provision of incidental services such as utilities and Wi-Fi may constitute a gift. By entering into this license agreement, any gift would be to the County (and not to the individual Commissioner) and would therefore be permissible under applicable law.
This item has been reviewed and approved as to form by the Office of the County Attorney. However, due to Hurricane Irma, the County has not received confirmation from the City's counsel that the agreement meets City approval. Accordingly, some non substantive changes might be required to obtain the City's approval. The Office of the County Attorney will make any such changes prior to execution. If any substantive changes are required, the item will be brought back for the Board's consideration.
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