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Home My WebLink AboutR-1987-009.1 } RESOLUTION NO. 09. 1-87 i A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DANIA, FLORIDA, AND STROYNE BROS. SOUTH, INC. ; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.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 City Commission of the City of Dania, Florida, hereby approves and authorizes the appropriate city officials to execute that certain agreement between the City of Dania, Florida, and Stroyne Bros . South , Inc. providing for a comprehensive parking meter maintenance and collection program, a copy of which is attached hereto as EXHIBIT A. Section 2. That all resolutions or parts of resolutions in ' conflict herewith be repealed to the extent of such conflict. T"R Section 3. That this resolution shall be in force and take effect on April 1, 1987. PASSED and ADOPTED on this 17th day of March , 1987. MAYOR - COMMISS ONER ATTEST: CITY CLERK - AUDITOR APPROVED FOR FORM AND CORRECTNESS: FRANK C. ADLER, CITY ATTORNEY I 1 J Resolution No. 09.1-87 N PARKING METERS AGREEMENT i THIS AGREEMENT dated this d day of April , 1987 , by and between the CITY OF DANIA, a municipal corporation organized and existing under the laws of the State of Florida (hereinafter referred to as "CITY") , and STROYNE BROTHERS SOUTH, INC. OF MIAMI , a Florida corporation (hereinafter referred to as "STROYNE") . WITNESSETH: WHEREAS , CITY and STROYNE desire to enter into an agreement for the purchase and maintenance of parking meters within the City of Dania and for the collection and deposit of the revenues generated by said meters ; and i' WHEREAS , the City Commission of the City of Dania reviewed the proposal for the above services as submitted by STROYNE and accepted same subject to minor changes as incorporated in the text hereof. 1 j NOW, THEREFORE , in consideration of the mutual covenants contained herein together with good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, 3 the parties hereto agree as follows : 1. STROYNE shall purchase eighty (80) parking meters at the beginning of the first year of this contract , but no later than 30 days following the date of this agreement , at the cost of approximately $16,500. 00 ; and, with the approval of the City Manager, will purchase an additional eighty (80) parking meters at the beginning of the second year of this contract but no later than 90 days from the said beginning of the second year. The purchase of parking meters in addition to the foregoing 160 and the purchase of related equipment and services may be negotiated by the parties at any time during the term of this agreement . All parts needed for the maintenance of the above related meters shall be furnished by STROYNE at STROYNE ' S expense during the full term of this contract. 2. The new parking meters as provided herein to be purchased i J 4 by STROYNE shall be the property of STROYNE subject to the following terms and conditions : At the termination of or renewal of the six (6) year term i as provided herein the said 160 parking meters shall become the property of CITY; however, if for any reason this contract is cancelled before the full six (6) year period has expired, CITY shall purchase all said meters that are in good operating and working condition for an amount equal to the undepreciated value of same. If STROYNE and CITY cannot agree on the undepreciated I value of the meters as aforesaid, the amount to be paid to STROYNE by CITY shall be determined by arbitration. 3 . During the term hereof STROYNE shall maintain and i service all parking meters owned and operated by CITY including j the 160 new meters herein provided to be purchased by STROYNE i in the following manner: i (a) Lubricate meter locks , meter locks on coin boxes , meter doors and mechanism compartments . (b) Strengthen and/or straighten bent meter parts . ' (c) Check and correct meter malfunctions when reported to CITY. (d) Repair or replace, at STROYNE ' S sole expense, all damange to equipment resulting from the negligence of STROYNE or its agents and employees . i 4. During the term hereof, STROYNE shall make all collections 1 i of parking meter revenue and cause all amounts collected to be de- posited at Caribank, Dania , Florida, or at any other depository i designated by the City Manager in strict compliance with the City Manager' s written instructions. In addition, STROYNE shall strictly adhere to all reasonable instructions issued by CITY regarding security and control of monies , (including loose change found in parking meters) and the assignment and handling of keys for all subject equipment. i 5 . STROYNE shall at all times during the terms of this Iagreement assign sufficient qualified and uniformed parking meter repair technicians to insure that all parking meters (including the 160 new meters provided herein to be purchased) owned and I -2- �J j 4 operated by CITY are kept in good operating P g condition. STROYNE i and CITY acknowledge that CITY has approximately 490 parking meters in operation at the time of the execution of this agreement. 6 . STROYNE shall pay all costs and charges related to social security, unemployment compensation insurance , workers ' compensation insurance, employee fringe benefits , the bonding of employees , liability insurance and collision insurance for i all its agents , subcontractors and employees . 7 . STROYNE shall cause all its agents and employees to be bonded in amounts necessary to fully protect CITY from a loss of revenue due to theft or negligence of its employees that results in financial loss to CITY. i 8. STROYNE shall at all times during the term of this i agreement maintain and keep in effect public liability insurance in amounts of at least $500,000. 00 per person and $1 , 000 , 000 . 00 i i per incident , and furnish CITY certificates of insurance prepared by and submitted by qualified insurance companies approved by CITY. The certificates of insurance shall designate CITY as an l additional insured with regard to public liability insurance i coveringall op P y ' operations performed b STROYNE or is subcontractors agents and employees. 9. CITY shall install all broken or missing parking meter Posts and shall provide STROYNE with access to all meter parts and materials in CITY'S inventory at 'the time of the execution of this agreement , to be used in servicing the approximately 490 parking meters owned and operated by CITY at the time of the execution of this agreement , with said access to be during the CITY' S regular working hours . CITY shall pay for any parts necessary for repairs made to the parking meters due to normal use, acts of God or vandalism. 10. CITY shall furnish to STROYNE written instructions regarding the security and controls of monies , including loose 1 change found in parking meters, equipment and the assignment and handling of keys . -3- _. J 11. CITY shall pay to STROYNE , for the parking meter main- tenance and collection services as hereinabove set forth, the sum of Five and 62/100 Dollars ($5 . 62) per month for each parking meter j based upon the number of installed and operating parking meters in use on the last working day of each month. This price shall be adjusted semi-annually by the same percentage of the increase, if any, of the cost of living as reported in the Consumer Price Index. 12. CITY and STROYNE mutually agree that each will indemnify and hold harmless the other party from any and all claims , liabilities , losses and causes of action for bodily injury and/or property damage caused by and/or through the fault of the other party or its agents , subcontractors and employees. 13 . In the event either party fails to fulfill its obliga- tions as set forth in this agreement or if for any other reason " either party wishes _o cancel this agreement , the party desiring to cancel shall give the other g party a written notice of can- cellation at least thrity (30) days prior to the effective date { of such cancellation. 14 . This agreement is for an initial term of one(1) year /ylq e e ti a beginning April a/Jei , 1987 , and ending� �, 1988 . Upon g the satisfactory performance by STROYNE * 4t obligations as set i { forth herein for this initial period, this agreement shall auto- r i matically be extended for an additional five (5) year term subject to all the terms and conditions as set forth herein. 15 . Any changes or alterations to this agreement must be in writing and approved by both parties and executed in the same manner of this agreement. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed in their names by their duly authorized officers or officials , all as of the day and year first above i written. i i -4- I J �r 1 Signed, sealed and delivered STROYNE BROTHERS SOUTH, INC. in he prese e of: OF MI i B President / • �z„ Attest : 1 ' i �'4,orpo ate Seal) SecretFy i I �(/)U CITY OF DANIA 1..J7' By: �L u C -t Manag (Seal) Mayor - Co is i er Attest : Auditor Clerk APPROVED AS TO FORM AND CORRECTNESS I By: FRA K C. ADLER, City Attorney i j i 7 1 i I I I I J i i I t I I j -5- I i I RESOLUTION NO. 09-87 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AMENDMENT TO LARGE USER WASTE- WATER AGREEMENT BETWEEN THE CITY OF DANIA, FLORIDA, AND THE CITY OF HOLLYWOOD, FLORIDA; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE RE- PEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. I' 1 BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, { FLORIDA: 1 i Section 1 . That the City Commission of the City of Dania , I Florida , hereby approves and authorizes the appropriate city i officials to execute that certain. Amendment to Large User Waste- j water Agreement between the City of Dania, Florida , and the City of Hollywood, Florida, a copy of which is attached hereto as EXHIBIT A. Section 2. That all resolutions or parts of resolutions in conflict herewith be repealed to the extent of such conflict . i Section 3 . That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED this 17th day of March 1987. 1 MAYOR - COMMISSIONER ATTEST: CITY eLERK - AUDITOR /uyuf� APPROVED AS TO FORM AND CORRECTNESS FRANK C. ADLER, City Attorney i i i i Resolution No. 09-87 J i