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HomeMy WebLinkAboutR-2006-065 Beach Maintenance Agreement Hollywood RESOLUTION NO. 2006-065 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA • BEACH, FLORIDA, APPROVING THE EXECUTION BY CITY OFFICIALS OF A BEACH MAINTENANCE AGREEMENT BETWEEN THE CITY OF HOLLYWOOD AND THE CITY OF DANIA BEACH FOR MAINTENANCE SERVICES AT DANIA BEACH FOR A ONE YEAR TERM WITH TWO ONE YEAR RENEWAL PERIODS; PROVIDING THAT THE AGREEMENT SHALL BE RETROACTIVE TO OCTOBER 1, 2005; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the Beach Maintenance Agreement between the City of Hollywood and the City of Dania Beach for maintenance services at Dania Beach for a one year term with two one year renewal periods is approved and the proper City officials are authorized to execute it. Such Agreement shall be retroactive to October 1, 2005; the Agreement in substantial form as Exhibit "A" is attached. Section 2. That the City Manager and City Attorney are authorized to make minor revisions to such Beach Agreement as are deemed necessary and proper for the best interests of the City. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its adoption. PASSED AND ADOPTED on April 11, 2006. PATRICIA FLURY MAYOR-COMMISSIONER ATTEST: LOUISE STILSON.�CMC `;CITY CLERK APPROVED AS TO FO A /DDCORRECTNESS: BY: / THOMA J. AN R CITY ATTO RNEY BEACH MAINTENANCE AGREEMENT THIS AGREEMENT is made and entered into in Broward County, Florida as of the IS day of )-no-rC-1-N , 20Q6, between the City of Hollywood, Florida, a municipal corporation of the State of Florida (hereinafter referred to as "Hollywood"), and the City of Dania Beach, Florida, a municipal corporation of the State of Florida (hereinafter referred to as "Dania Beach"). WHEREAS, Dania Beach requires the daily maintenance of its beach sand; and WHEREAS, Hollywood has agreed to perform such beach sand maintenance services; and WHEREAS, the parties wish to enter into an agreement pursuant to which Hollywood will maintain said beach sand for a specified amount of compensation; NOW THEREFORE, in consideration of the mutual terms and conditions, promises and covenants hereinafter set forth, Hollywood and Dania Beach agree as follows: 1. Maintenance Service(s) Hollywood shall maintain Dania Beach's beach sand for the term of this Agreement. The responsibilities of Hollywood under this Agreement shall be limited to the following tasks: A. Beach Grooming I. Dragging the beach sand daily, ii. Raking and removing the seaweed as needed, iii. Screening the beach sand once a month. B. Trash Removal i. De-littering the beach sand daily, ii. Disposing of the garbage collected from the beach sand in a legally allowable manner. 2. Additional Service(s) The parties hereby acknowledge and agree that from time to time certain circumstances may arise during the term of this Agreement, in which Dania Beach may request that Hollywood perform additional beach maintenance duties at an additional cost to Dania Beach. Said request for additional services may be performed at Hollywood's sole option. In the event that Hollywood accepts such a request, said acceptance shall be in writing and addressed to Joseph M. Cangialosi, Field Services Manager. Hollywood shall invoice Dania Beach separately for additional services performed. Additional services shall be performed after normal working hours and at the actual overtime rate of each Hollywood employee assigned to perform said additional service(s). Dania Beach agrees to pay for additional services within thirty (30) days of the date of said invoice. Dania Beach understands and agrees that in no event shall Hollywood be liable to Dania Beach for declining to perform any additional service(s), and that Dania Beach shall remain liable for remedying such. Hollywood shall have no further responsibilities or duties with respect to Dania Beach pursuant to this Agreement. • 3. Term The term of this Agreement shall be 1 year, retroactive to October 1, 2005, and shall be renewable for two (2) successive one (1) year periods upon mutual agreement of the parties. 4. Payment Dania Beach shall pay to Hollywood for the beach maintenance services outlined in Section 1 of this Agreement the sum of $38,578.86 for the initial year of beach maintenance services, payable in equal monthly installments beginning October 1, 2005; provided however, that at the beginning of the first renewal period and upon each subsequent renewal of this Agreement, said payments shall be adjusted in an amount equal to the annual percentage increase or decrease in the consumer price index for the South Urban Area, All Items as published by the U.S. Department of Labor, Bureau of Labor Statistics, with the publication date of August of each renewal year. Dania Beach shall pay Hollywood for additional beach maintenance services in accordance with Section 2 of this Agreement. 2 • 5. Permits Any and all permits or renewals that are required for the services to be performed pursuant to this Agreement shall be obtained by Dania Beach at its sole cost. 6. Force Maieure Any restrictions or cessation of beach maintenance services resulting from an act of God, fire, strike, accident, casualty, insurrection, riot, or civil or military authority shall not constitute a breach of this Agreement on the part of Hollywood. 7. Notice Any notice given under this Agreement shall be sent in writing by certified mail, return receipt requested, to the following: As to Hollywood: City of Hollywood Public Works Department Public Works Director P.O. Box 229045 Hollywood, Florida 33022-9045 Copy to: City of Hollywood Office of the City Attorney City Attorney 2600 Hollywood Boulevard Room 407 Hollywood, Florida 33020 As to Dania Beach: City of Dania Beach City Manager 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Copy to: City of Dania Beach City Attorney 100 West Dania Beach Boulevard Dania Beach, Florida 33004 8. Prior Agreement; Amendments This document supersedes all prior negotiations, correspondence, conversations, agreement, or understandings of any kind whatsoever as they are 3 applicable to the matters contained herein. Accordingly, no deviation from the terms hereof shall be predicated upon any prior representations or agreement, whether oral or written. No modification alteration of, or amendment to, the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality as this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above. CITY OF HOLLYWOOD, a municipal corporation ATTIE ��ii BY: ' at MA RA GIULIANTI, MAYOR PATRICIA A. ERNY, MMC CITY CLERK APPROVED AS TO FORM & LEGALITY FOR THE USE AND RELIANCE OF THE CITY OF HOLLYWOO RIDA, ONLY. DANI L L. ABBOTT, CITY ATTORNEY CITY OF DANIA BEACH WITNESSES: BY: PATRICIA FLURY, MAYOR DATE: 4 , 2006 ATTEST: n) BY- LOUISE STILSON, CMC IV AN PATO CITY CLERK CITY MANAGER DATE: /z 2006 APPROVED AS TO FOT AND CORRECTNESS: BY: - 1 THOM SJ. ANSBRO CITY ATTORNEY 4 -' CITY OF DANIA BEACH Agenda Item# �•� Agenda Request Item Date of Commission Meeting: 4/11/2006 Adopt Resolution ® Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: Approval of City of Hollwood's Beach Maintenance Agreement Provide grooming and trash pick up on beach What Action Accomplishes Daily Beach Maintenance Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ capital:P� ❑ Summary Explanation/Backgrountlk" � '1 , . ..zsir ._?r<: .3`. .ww ..,_.t> .s.. ....�.�r,> v_ 3:.:' a�i: ...s. a '..:rti ..a ... :N, a✓w�.F....k, ,.:.,�c.� 'tx,��. �',`; ;s�'v. ., :,. .u.�'«� ... ..,.; ,.., . Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 ; ;i',fid�a+ «�..�.�_< ,.„,tax�3,:-,�..»...s.�z,�� ,....,r..'.` �.���.;a'�.,.. ,���'"� .�....�' .•;�.��.�.�.�,.;��...:.�',»�,��w.,. ..,,._.� .,>�. .,:n�..!`�..-��.�,�i$� �;�..; c:r 3�.:,rr,..,�'z���,�,���,ks. Submitted by Mark T. Felicetty Date 03/27/06 Department Director Kristen Jones Date 04/06/06 HR Director Date Finance Director Patricia Varney Date 04/06/06 City Attorney Thomas J. Ansbro Date 04/05/06 City Manager Ivan Pato Date 04/06/06 Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. �Ol�p --lp � 9 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF HOLLYWOOD, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE ATTACHED AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND THE CITY OF HOLLYWOOD FOR BEACH MAINTENANCE SERVICES. WHEREAS, the Public Works Department of the City of Hollywood desires to enter into a new agreement with the City of Dania Beach for beach maintenance services; and WHEREAS, the City of Hollywood City Commission (the City Commission), in Resolution Number R-95-419, authorized a one year agreement between the City of Dania Beach and the City of Hollywood for beach maintenance services (the Agreement), which was renewable for two successive one year periods; and • WHEREAS, the City Commission, in Resolution Number R-97-470, authorized a one year renewal of and an amendment to the Agreement; and WHEREAS, the City Commission, in Resolution Number R-98-338, authorized the execution of a second amendment to the Agreement extending the Agreement for a term of three years with a three year renewal option; and WHEREAS, the City Commission, in Resolution Number R-2002-63, authorized the execution of a third amendment to the Agreement extending the Agreement for a term of three years with a three year renewal option; and WHEREAS, the City Commission, in Resolution Number R-2005-009, authorized the execution of a fourth amendment to the Agreement extending the Agreement for a term of one year; and WHEREAS, the City of Hollywood and the City of Dania Beach wish to enter into a new agreement for beach maintenance services to be provided by City of Hollywood forces; and • A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE ATTACHED AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND THE CITY OF HOLLYWOOD FOR BEACH MAINTENANCE SERVICES. WHEREAS, the proposed agreement shall be for a one year period and shall be renewable for two successive one year periods upon mutual agreement of the parties; and WHEREAS, the City of Dania Beach will compensate the City of Hollywood in the amount of approximately $38,578.86 in the initial year, with annual cost adjustments upon any renewal and/or additional services provided; and WHEREAS, the work specified in the proposed agreement will be performed using existing beach maintenance personnel and equipment; and WHEREAS, the proposed revenues derived shall be used to upgrade or replace existing beach maintenance equipment and/or provide for other beach program needs; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF HOLLYWOOD, FLORIDA: • Section 1: That it hereby approves and authorizes the execution by the appropriate City Officials of the attached agreement between the City of Dania Beach and the City of Hollywood, together with such non material changes as may be subsequently agreed to by the City Manager and approved as to form and legality by the City Attorney. Section 2: That the revenues derived from the agreement shall be used for the purpose of upgrading or replacing existing beach maintenance equipment and/or providing funds for the beach maintenance program needs as may be recommended from time to time by the Public Works Director. Section 3: That the Department of Financial Services and the Office of Budget and Procurement Services shall be authorized to establish and fund such revenue and expenditure accounts as may be needed to accomplish said purposes. 2 • A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE ATTACHED AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND THE CITY OF HOLLYWOOD FOR BEACH MAINTENANCE SERVICES. Section 4: That this resolution shall be in full force and effect immediately upon its passage and adoption. PASSED AND ADOPTED this /s day of 2006. MARA GIULIANTI, MAYOR ATTE PATRICIA A. C'ERNY, MMC CITY CLERK APPROVED AS TO FORM & LEGALITY • For the use and reliance of the City of Hollywood, Florida, only /0j--2 (` DANIEL L. ABBOTT, CITY ATTORNEY( 3 i �pLLV W Op0 LLYWO CH COAST DIAMOND i coi.p w N 1600 SOUTH PARK ROAD HOLLYWOOD, FLORIDA 33021-8225 �OREbRATEV`9 PUBLIC WORKS DEPARTMENT March 20, 2006 Mr. Mark T. Felicetty, CPRP Senior Facility Manager City of Dania Beach, Florida 100 W. Dania Beach Boulevard Dania Beach, Florida 33004 Re: Dania Beach Maintenance Contract Dear Mr. Felicetty: Attached please find three (3) blank copies of the recently authorized and approved Dania Beach maintenance contracts for execution by the appropriate Dania Beach City Officials. Kindly execute the Dania Beach section of the signature page of each contract and return the contracts to my attention for signature by Hollywood City Officials. I have also included a signed copy of the City of Hollywood Resolution authorizing and approving the Dania Beach maintenance contract for your information and review. Should you have any questions, please feel free to call me at (954) 967-4526 or email me at keng(@hollywoodfl.orq. Thank you for your continuing cooperation in this matter. Sincerely, Ke J inEng Admi strative S rvices Manager encs. MAILING ADDRESS P.O. Box 229045 - Hollywood, FL 33022-9045 Phone (954) 967-4526 - Fax (954) 967-4510 www.hollywoodfl.org "An Equal Opportunity and Service Provider "