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HomeMy WebLinkAboutR-1997-150 RESOLUTION NO. 150-97 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE RENEWAL OF AGREEMENT BETWEEN THE CITY OF DANIA AND THE CITY OF HOLLYWOOD FOR MAINTENANCE AND TRASH REMOVAL SERVICES AT DANIA BEACH; APPROVING THE ADDENDUM TO AGREEMENT FOR LITTER PICK UP AT THE DANIA BEACH PARKING AREA; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1. That the renewal of that certain Agreement between the City of Dania and City of Hollywood for maintenance and trash removal services at Dania Beach; a copy of which is attached hereto as Exhibit "A", be and the same is hereby approved for a one year period beginning October 1, 1997, and ending September 30, 1998 . Section 2 . The Addendum to Agreement for beach maintenance between the City of Dania and the City of Hollywood for litter pick up at the Dania Beach parking area, a copy of which is attached hereto as Exhibit "B", be and the same is hereby approved for a term to run concurrently with the beach maintenance agreement. Section 3. Payments shall be adjusted in an amount equal to the cost of living index as published by the Bureau of Labor Statistics, Department of Commerce, United States Government, with the publication for the month of September as the base for such i j adjustment as outlined in Section 3 of the beach maintenance agreement. Section 4 . That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 5 . That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 14TH D "CT60 1997 . MYO n ATTEST: CLERK-AUDITOR APPRO SS TO FO AND CORRECTNESS : CITY AT 0RNEY BEACH MAINTENANCE AGREEMENT ' THIS AGREEMENT is made and entered into in Broward County, Florida, as of the 12th day of September, 1995, between the City of Hollywood, Florida, a municipal corporation of the State of Florida (hereinafter referred to as "Hollywood"), and the City of Dania, Florida, a municipal corporation of the State of Florida (hereinafter referred to as "Dania"). WITNESSETH: WHEREAS, Dania owns Dania Beach and is considering proposals to maintain it; and WHEREAS, Hollywood has submitted a proposal to Dania to maintain Dania Beach; and WHEREAS, the parties wish to enter into an agreement pursuant to which Hollywood will maintain Dania Beach 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 agree as follows: 1. Maintenance. Hollywood shall maintain Dania Beach 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 daily, ii. Raking and removing the seaweed as needed, iii. Screaning the sand as needed (at least once a month), I B. Trash Removal n� i. De-littering the beach daily, j il. Removing garbage daily from approximately thirty 55-gallon containers located at the beach and paridng lot directly. adjacent to the beach, ill. Disposing of the garbage from the beach in any legally allowable manner. Hollywood shall have no further responsibility with respect to Dania Beach. 2. Term. The term of this Agreement shall be 1 year. Renewable for two successive 1 year periods. 3. Pa ment. Dania shall pay to Hollywood for the above-described beach maintenance services the sum of$29,254 per year, payable in equal monthly installments beginning October 1, 1995; provided however, that at the beginning of the second and each subsequent year of this Agreement, said payments shall be adjusted in an amount equal to the cost of living index as published by the Bureau of Labor Statistics, Department of Commerce, United States Government, with the publication for the month of September as the base for such adjustment. 4. Permits. Any and all permits that are required for the services to be performed pursuant to this Agreement shall be obtained by Dania at its sole cost. �j 2 5. Force Maieure. Any restriction of beach maintenance services resulting from an act of God, fire, strike, accident, casualty, insurrection, dot, or civil or military authority shall not constitute a breach of this Agreement on the part of Hollywood. 6. Notice. Any notice given under this Agreement shall be sent in writing by certified mail, return receipt requested, to the following: Hollywood: City of Hollywood Attn: Public Works Director P.O. Box 229045 Hollywood, FL 33022-9045 Copy to: The City Attorney 2600 Hollywood Blvd. Room 407 Hollywood, FL 33020 Dania: City of Dania City Manager 100 West Dania Beach Boulevard Dania, Florida 33004 Copy to: City Attorney 7. Prior agreement amendments. This document supersedes all prior negotiations, correspondence, conversations,agreement, or understandings 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 or 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 ` 3 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above. Hollywood ATTEST: CITY OF HOLLYWOOD, FLORIDA PATRICIA A. CERNY MARA GIULIANTI CITY CLERK MAYOR APPROVED AS TO FORM & LEGALITY FOR THE USE AND RELIANCE OF THE CITY OF HOLLYWOOD, FLORIDA, ONLY l JAMIE ALAN' OLE, CM ATTORNEY 4 Il�t1la WITNESSES: CITY OF DANIA By - BILL—HYDEJ- Mayor [�day , 19 9S. ATTEST: By C ger City Clerk dayjonn�—, 19 APPROVED AS TO FORM AND CORRECTNESS: By azs..&/ Nlc'.LC,_ City Attorney 5 CITY OF HOLLYWOOD9 FLORIDA GEN.JOSEPH W.WATSON CIRCLE P. O. Box 229045 •25P 33022-9045 a ,r� D`oA� September 19, 1997 Captain Glenn W. Morris City of Dania P. O. Box 1708 Dania, FL 33004 Re: Amendment to existing Dania Beach Maintenance Contract. Dear Captain Morris: As requested in your letter dated September 18, 1997, the additional work to be incorporated into the existing maintenance contract amounts to $8,500 annually. This amendment consists of the following: Litter pick up of the parking lot west of the dime line to the eastern edge of the Intracoastal to include the picnic area just south of the parking lot to the Dania- Hollywood city Limits. No other variation of the previous contract is considered. If you have any questions, please do not hesitate to contact me at 921-3317 or 967-4224. Sincerely, *eZ'ntendent J cc: Mardi Holloway,Dania Parks Manager Mike Smith, Dania City Manager Greg Turek,Hollywood Public Works Director Wayne Gould, Hollywood Beach Supervisor "An Equal Opportunity and Service Provider Agency" , NC�IY w•'U00 i ` UIAMON i/ CITY of HOLLYWOOD, FLORIDA �W�°$T� 2600 HOLLYWOOD BLVD. • P.O.BOX 229045 • ZIP 33022.9045 Department of Public Works Phone: (954)921-3426 Gregory Turek Director October 23 , 1996 Michael Smith, City Manager City of Dania 100 W. Dania Beach Blvd. P.O. Box 1708 Dania, FL 33004 Re: Renewal of Beach Maintenance Agreement Dear Mr. Smith: As stated in the above mentioned agreement between the City of j Hollywood and the City of Dania, October 1, 1996 began the second year of this contract . Section 3 (Payment) of this agreement provides for an adjustment equal to the consumer price index as shown on the attached. For the beginning of this new year, the increase to the agreement is $904 or 3 . 0% annually. Please make the appropriate adjustments to your records . Sincerely,! �d 1-0 s1 I Jose .Vazquez Street and .Beach Superintendent I attachments CC : Mardi Holloway, City of Dania Greg Turek, City of Hollywood ✓Jerold Shapiro, City of Hollywood Patricia A. Cerny, City of Hollywood :. Alan Fallik, City of. -Hollywood 1 --,fin Equal Opportunity and Service Provider \gene)" i .1 i RENEWAL AND FIRST AMENDMENT TO BEACH MAINTENANCE AGREEMENT BETWEEN THE CITY OF HOLLYWOOD AND THE CITY OF DANIA W I T N E S S E T H WHEREAS, the City of Hollywood and the City of Dania entered into a Beach Maintenance Agreement dated September 19, 1995, for the maintenance of Dania Beach under the terms and conditions stated therein; and WHEREAS, the original term of the agreement was one year commencing October 1, 1995, renewable for two successive one-year 1 periods; and WHEREAS, as part of the second renewal of the agreement, the City of Dania seeks to expand the area to be maintained at Dania Beach to include the parking lot between the dune line and the i Intracoastal Waterway; and WHEREAS, the City of Hollywood agrees to include the Dania Beach parking lot area within the area to be maintained under the terms and conditions as stated herein. NOW, THEREFORE, in consideration of the mutual terms and conditions, promises and covenants set forth, the City of Dania and the City of Hollywood hereby agree to renew and amend the Beach 1 EXHIBIT "B" Maintenance Agreement between the parties dated September 19, 1995, as follows: I Section 1 . The agreement shall be renewed for the period beginning October 1, 1997, and ending September 30, 1998. Section 2 . The City of Hollywood' s daily maintenance of the beach area shall include litter pick up of the parking lot west of the dune line to the eastern edge of the Intracoastal Waterway, from the Dania Pier on the north to the Dania/Hollywood city limits on the south, and shall include the picnic area at the southern portion of the parking area. Section 3 . The term of this agreement shall run concurrently with the Beach Maintenance Agreement between the parties dated September 19, 1995. Section 4 . The City of Dania shall pay to the City of Hollywood for the above described litter pick up services the sum of $8,500 per year payable in equal monthly installments beginning October 1, 1997. Section 5. All oth er terms and conditions of the beach maintenance agreement between the parties shall remain in full I force and effect. _� 2 ._ 1 IN WITNESS WHEREOF, the parties have executed this agreement as of the date set forth herein. CITY OF HOLLYWOOD, FLORIDA By: MARA GIULIANTI, MAYOR ATTEST: day of , 1997 PATRICIA CERNY, CMC/AAE APPROVED AS TO FORM AND LEGALITY FOR THE USE AND RELIANCE OF THE CITY OF HOLLYWOOD, FLORIDA, ONLY i i JAMIE ALAN COLE, CITY ATTORNEY CITY OF DANIA, FLORIDA By: MAYOR-COMMISSIONER day of , 1997 ATTEST: I CITY CLERK-AUDITOR APPROVED AS TO FORM AND CORRECTNESS CITY ATTORNEY 3 A �., � Y. �; , 1 e r F 1 `: -; t - , .: - �; ;, ; , �.: ;: ,. ; : ,, , , ;, . � r-.�'�, ,,., 4 �{ !�" �' �: ([� ��� [F. t j + � I) '.e'lc � � �� ; �� 1 � 1 �� �, {{jj Af � i w.. � ., ., � I t