The URL can be used to link to this page

Home My WebLink AboutR-2004-184 Beach maintenance with Hollywood (agreement renewal) RESOLUTION NO. 2004-184 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE. FOURTH AMENDMENT TO THE BEACH MAINTENANCE AGREEMENT EXISTING BETWEEN THE CITY OF HOLLYWOOD AND THE CITY OF DANIA BEACH FOR MAINTENANCE AND TRASH REMOVAL SERVICES AT DANIA BEACH, INCLUDING PARKING LOT AND LITTER PICKUP FOR A ONE YEAR TERM AT A COST OF $44,691.50; PROVIDING THAT THE FOURTH AMENDMENT SHALL BE RETROACTIVE TO OCTOBER 1, 2004; 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 Fourth Amendment to the Beach Maintenance Agreement existing between the City of Dania Beach and the City of Hollywood for beach maintenance and trash removal services at Dania Beach for a one year term at a cost of$44,691.50, in substantial form as Exhibit "A" attached, is approved and the appropriate city officials are authorized to execute it. Section 2. That the City Manager and City Attorney are authorized to make minor revisions to such Fourth Amendment to the 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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 November 9, 2004. r C.K. MCELY MAYOR- COMMISSIONER --AT_TEST: ROLL CALL: COMMISSIONER ANTON- YES COMMISSIONER CHUNN- YES LOUISE STILSON COMMISSIONER FLURY- YES CITY CLERK VICE-MAYOR MIKES- YES - MAYOR MCELYEA- YES APPROVED AST ORM AND CORRECTNESS 11 _� ' � u ( BY: � THOMAS J. A&S4kO CITY ATTORNEY 1 RESOLUTION NO. 2004-184 FOURTH AMENDMENT TO BEACH MAINTENANCE AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND THE CITY OF HOLLYWOOD THIS IS A FOURTH AMENDMENT ("Amendment")) to the Beach Maintenance Agreement which agreement exists between the City of Hollywood, a Florida municipal corporation ("HOLLYWOOD") and the City of Dania Beach, a F rjda municipal corporation ("DANIA BEACH"). This Amendment is made and entered into o / / 3 ,200X5— i WHEREAS, the parties entered into a Beach Maintenance Agreement for the period beginning October 1, 1995; and WHEREAS, the parties entered into a Renewal and First Amendment to the Beach Maintenance Agreement on or about October 28, 1997; and WHEREAS, the parties entered into a Renewal and Second Amendment to the Beach Maintenance Agreement on or about October 28, 1998; and WHEREAS, the parties entered into a Third Amendment to the Agreement on March 19, 2002, which had an effective date retroactive to October 1, 2001 for a three year term; NOW THEREFORE, in consideration of the mutual terms, conditions and promises set forth below, HOLLYWOOD and DANIA BEACH agree as follows: 1. Retroactive to October 1, 2004, being the effective date of this Amendment, • Section 2 of the original Agreement, as amended is replaced and shall provide as follows: "2. Term. The term of this Agreement, as extended and amended by this Fourth Amendment, shall be for a one (1) year period, commencing and effective retroactively as of October 1, 2004". 2. Retroactive to October 1, 2004, Section 3 of the original Agreement, as amended is replaced and shall provide as follows: "3. Payment. DANIA BEACH shall pay to HOLLYWOOD for the beach maintenance services, parking lot and litter pickup the sum of S44,691.50 per year. This sum shall be payable in equal monthly installments retroactive to October 1, 2004." 3. All other terms and conditions of the Agreement, except as amended by this Amendment, shall remain in full force and effect. 1 i IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY OF DANIA BEACH, • a Florida municipal corporation AT EST: . n LOUISE STILSON, CITY CLERK C. `MCEL A, MAYO APPROVED FOR FORM AND CORRECTNESS: f 1� IVAN PATO ITY MANAGER BY: _ THOM S ANS O, CITY ATTORNEY CITY OF HOLLYWOOD, a Florida municipal corporation BY: A EST , 1 MARA GIULIANTI, MAYOR • PATRICIA'A. CERNY, CMCY E DATE: 1,3 20015- City Clerk ' i APPROVED AS TO FORM AND LEGALITY for the use and reliance of the City of Hollywoo Florida, only: DU DANIEL L. ABBOTT CITY ATTORNEY 2 RESOLUTION NO. 9 • A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF HOLLYWOOD, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A FOURTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND THE CITY OF HOLLYWOOD FOR BEACH MAINTENANCE GENERATING REVENUE OF APPROXIMATELY $44,691.50 FOR THE PREVIOUSLY ESTABLISHED SERVICES. WHEREAS, the Public Works Department of the City of Hollywood has been performing beach maintenance services for the City of Dania Beach since 1995, and Dania Beach has requested the continuance of services previously provided by City forces; and WHEREAS, the City of Dania Beach will compensate the City of Hollywood in the amount of approximately $44,691.50 annually for beach maintenance services; and WHEREAS, the fourth amendment will extend the duration of the original agreement for an additional one (1) year period commencing retroactively as of October 1, 2004, and ending on September 30, 2005; and • WHEREAS, the work specified in the agreement will be performed using existing beach maintenance personnel and equipment, and the revenues derived from this Fourth Amendment shall be used to upgrade or replace existing beach maintenance equipment and/or provide funds for the needs of the beach maintenance program. 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 Fourth Amendment to the Beach Maintenance Agreement between the City of Dania Beach and the City of Hollywood, in substantially the form attached hereto, together with such nonmaterial changes, if any, 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 Fourth Amendment to the Beach Maintenance Agreement shall be used to upgrade or replace existing beach maintenance equipment and/or provide funds for the needs of the beach maintenance program as may from time to time be recommended by the Public Works Department • RESOLUTION: FOURTH AMENDMENT TO THE BEACH MAINTENANCE AGREEMENT WITH THE CITY OF DANIA BEACH. • and that the Department of Financial Services shall be authorized to establish such account(s) as may be needed to accomplish these purposes. Section 3: That this resolution shall be in full force and effect immediately upon its passage and adoption. --�-- PASSED AND ADOPTED this day of _ �1(�I�J , 2005. 1 I� 1 /7 MARA GIULIANTI, MAYOR ATTES . 'P'x'rFkICIAA-1ttRNY, MMC CITY CLERK APPROVED AS TO FORM AND LEGALITY for the use and reliance of the City of Hollywood, Florida, only. 'Q--0 � cu* DANIEL L. ABBOTT, CITY ATTORNEY • Kristen L. Jones SAS Director, Parks and Recreation 01Al, 100 West Dania Beach Blvd. l Dania Beach,FL 33004 Phone: 954-924-3730 Fax: 954-924-3629 kionesCq?ci.dania-beach.tl.us • TO: Mayor and Commission l FROM: Kristen L. Jones,Director Parks and Recreation Michael Cassano, Deputy Fire Chief Glenn Morris, Captain Marine Safety DATE: September 23,2004 SUBJECT: Vendor Renewal Requested • The Parks and Recreation Department and The Fire Department are in mutual support of bidding out contractual work where there will be competitive bidding and where indications are that a lower price for the same service exists. After reviewing the work product currently received at our beach in regards to the maintenance,the cost for that work product, the track record of reliability, and the amount of"extras"we receive on a regular basis at no additional charge far outweigh the cost we would incur if we went out to bid. The personal touch that Hollywood gives to our beach and the relationship we have established with this organization is an asset to Dania Beach. Dania Beach has received the Blue Water Award for six consecutive years. One of the most important factors is judged on the maintenance of the beach. Ours is immaculate. At this time, we are requesting that a renewal of services from The City of Hollywood be granted, and that there be no interruption of services in order for us to continue our relationship to keep our beach one of the best in the State of Florida! • CITY OF DANIA BEACH MEMORANDUM TO: Kristen Jones, Parks and Recreation Director Mike Cassano, Deputy Fire Chief Glenn Morris, MSO Captain CC: Ivan Pato, City Manager Patty Varney, Finance Manager Louise Stilson, City Clerk FROM: Thomas J. Ansbro, City Attorney • DATE: September 24, 2004 RE: Proposed Fourth Amendment to City of Dania Beach-City of Hollywood "Beach Maintenance Agreement" Attached are proposed copies of an authorizing resolution and a Fourth Amendment to the "Beach Maintenance Agreement". Please note that it extends the term for one additional three (3) year term, but it does not contain an option to renew (other previous documents to the agreement provided for one or more such renewals). The "extras" mentioned by Mike Cassano in his August 18, 2004 e-mail (sent to Patty, copied to Ivan, Kristen, Glenn, Nanci Denny and Chief Land) are not identified as part of the services but should they be? Mike's e-mail stated that the Hollywood crew routinely provides the following: "Re-raking the beach when seaweed accumulates. Helping with the heavy equipment used to move guard shacks when necessary. • Back-blade sand into areas of high concern or need." • Kristen Jones Mike Cassano Glenn Morris September 24, 2004 Page 2 The original (September 12, 1995) "Beach Maintenance Agreement" simply specifies that the "responsibilities of Hollywood under the Agreement shall be limited [my emphasis] to the following tasks: A. Beach Grooming i. Dragging the beach ii. raking and removing the seaweed as needed iii. screening the sand as needed (at least once each month) B. Trash Removal .[describes the litter and daily garbage removal services]. It should also be noted that there is no termination clause for "convenience" (e.g., • allowing either party to terminate upon 30, 60 or 90 days advance written notice). In the absence of that type of provision (and it has not been included since 1995), the City is obligated to honor the three year commitment. Please advise if any revisions as mentioned above are desired and, if so, would they be acceptable to Hollywood? 566.028 TJA:slw Attachments 2