HomeMy WebLinkAboutR-2008-052 Pre-hurricane Debris Removal Agreement Renewal RESOLUTION NO. 2008-052
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE A FIRST AMENDMENT TO A JOINT PARTICIPATION
AGREEMENT EXISTING BETWEEN THE CITY AND BROWARD COUNTY
PERTAINING TO USE BY CITY RESIDENTS OF BROWARD COUNTY
RESIDENTIAL TRASH TRANSFER STATIONS FOR PRE-HURRICANE
RESIDENTIAL YARD WASTE DISPOSAL; 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 a First Amendment to the Joint Participation Agreement existing between
Broward County and the City of Dania Beach pertaining to use by City residents of Broward County
residential trash transfer stations for pre-hurricane residential yard waste disposal,in substantial form
as appearing in Exhibit "A", attached, is approved and the proper City officials are authorized to
execute it.
Section 2. That all resolutions in conflict with this Resolution are repealed to the extent
of such conflict.
Section 3. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on March 25, 2008.,/�
1C/Jy.
ALBERT C. JONES
MAYOR—COMMISSI ER
ATTEST:
S' lai
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS TO FO AND CORRECTNESS:
BY: �
TH AS J AP SB O
CITY ATT RNE
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FIRST AMENDMENT
TO
JOINT PARTICIPATION AGREEMENT
BETWEEN
BROWARD COUNTY
AND
CITY OF DANIA BEACH
FOR
USE OF BROWARD COUNTY RESIDENTIAL
TRASH TRANSFER STATIONS - PRE-HURRICANE RESIDENTIAL YARD WASTE
DISPOSAL PROJECT
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FIRST AMENDMENT
TO
JOINT PARTICIPATION AGREEMENT
BETWEEN
BROWARD COUNTY
AND
CITY OF DANIA BEACH
FOR
USE OF BROWARD COUNTY RESIDENTIAL
TRASH TRANSFER STATIONS — PRE-HURRICANE RESIDENTIAL YARD WASTE
DISPOSAL PROJECT
This First Amendment to a Joint Participation Agreement made and entered into by
and between: BROWARD COUNTY, a political subdivision of the State of Florida, by and
through its Board of County Commissioners hereinafter referred to as "COUNTY,"
AND
The CITY OF DANIA BEACH, a municipal corporation of the State of Florida,
hereinafter referred to as "CITY"
WITNESETH:
WHEREAS, COUNTY and CITY entered into a Joint Participation Agreement for
use of Broward County residential trash-transfer stations for pre-hurricane residential yard
waste disposal project, dated April 17, 2007 ("Agreement'); and
WHEREAS, the current agreement provides that the parties shall perform all work
identified in the Agreement commencing on May 1 and terminating on June 30 of each
calendar year the Agreement is in effect; and
WHEREAS, the parties desire to amend the Agreement to expand the time work
may be performed each calendar year; and
WHEREAS, the parties desire to amend the Operating Procedures to include bulky
waste as material accepted at the trash-transfer station; NOW, THEREFORE,
IN CONSIDERATION of the mutual promises and covenants contained herein, and
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other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, COUNTY and CITY agree to amend the Agreement as follows:
1. The recitals set forth in the preamble to this Amendment are true, accurate, and
deemed as being incorporated herein by this reference as though set forth in full
hereunder.
2. Paragraph 2.1 of the Agreement is hereby amended as follows:
2.1 For the initial term, the CITY and COUNTY shall perform all work identified in
this Agreement and Exhibit"A," Program Plan, attached hereto and made a
part hereof, commencing on May April 1 and terminating on dame September
30 of each calendar year this Agreement is in effect. For each of the
renewal terms, the CITY and COUNTY shall perform all work identified in this
Agreement and Exhibit"A,"Program Plan, attached hereto for the entire term
of the renewal. The parties agree that the Scope of Services is a description
of CITY's and COUNTY's obligations and responsibilities and is deemed to
include preliminary considerations and prerequisites, and all labor, materials,
equipment, and tasks which are such an inseparable part of the work
described that exclusion would render performance by both CITY and
COUNTY impractical, illogical, or unconscionable.
3. Paragraph 4.1 of the Agreement is hereby amended as follows:
4.1 The term of this Agreement shall begin on May 1, 2007 and shall end April
September 30, 2008 unless terminated earlier pursuant to Article 7,
"Termination." The term may be extended for two (2) additional one (1) year
periods upon written approval of the Contract Administrator, and the consent
of the CITY. The continuation of this Agreement beyond the end of any fiscal
year shall be subject to the availability of funds from COUNTY and CITY in
accordance with Chapter 129 and 166, Florida Statutes.
4. Exhibit "A" of the Agreement is hereby replaced in its entirety by amended Exhibit
"A-1," attached hereto and made a part hereof.
5. Exhibit "B" of the Agreement is hereby replaced in its entirety by amended Exhibit
"B-1," attached hereto and made a part hereof.
6. From and after the execution of this Amendment, in each instance in which Exhibit
"A" is referred to in the Agreement, said reference shall be deemed to refer to
Exhibit "A-1," attached hereto.
7. From and after the execution of this Amendment, in each instance in which Exhibit
"B" is referred to in the Agreement, said reference shall be deemed to refer to
Exhibit "B-1," attached hereto.
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8. In the event of any conflict or ambiguity between this Amendment and the
Agreement, the parties hereto hereby agree that this document shall control.
9. Except as modified herein, all terms and conditions contained within the Agreement,
shall remain in full force and effect and are incorporated herein by this reference.
10.The truth and accuracy of each "Whereas" clause set forth above is acknowledged
by the parties. The attached Exhibits "A-V and "B-1" are incorporated into and
made a part hereof and of the Agreement by this reference.
11.Capitalized terms not otherwise defined herein shall have the meanings set forth in
the Agreement.
12.The Joint Participation Agreement, as amended, is hereby ratified and confirmed.
13.Multiple originals of the Amendment may be executed by all parties, each of which,
bearing original signatures, shall have the force and effect of an original document.
14.The effective date of this First Amendment to Joint Participation Agreement shall be
on the date it is fully executed by both parties.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
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IN WITNESS WHEREOF, the parties hereto have made and executed this First
Amendment to Joint Participation Agreement: BROWARD COUNTY through its BOARD
OF COUNTY COMMISSIONERS, signing by and through its Mayor or Vice Mayor,
authorized to execute same by Board action on the day of
20 and CITY OF DANIA BEACH, signing by and through its
duly authorized to execute same.
COUNTY
ATTEST: BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
By
County Administrator and Mayor
Ex-Officio Clerk of the Board
of County Commissioners of
Broward County, Florida _day of , 20
Approved as to form by
Office of County Attorney
Broward County, Florida
JEFFREY J. NEWTON,
County Attorney
Governmental Center, Suite 423
Insurance Requirements 115 South Andrews Avenue
Approved by Broward County Fort Lauderdale, Florida 33301
Risk Management Division Telephone: (954) 357-7600
By Telecopier: (954) 357-6968
(Date)
By
Purvi A. Bhogaita (Date)
Assistant County Attorney
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FIRST AMENDMENT TO JOINT PARTICIPATION AGREEMENT BETWEEN
BROWARD COUNTY AND CITY OF DANIA BEACH FOR USE OF BROWARD
COUNTY RESIDENTIAL TRASH TRANSFER STATION
CITY
ATTEST: 11 CITY OF DANIA BEACH
�..' Luc 4t - ��`'KJ By: �
Louise Stilson, CMC, City Clerk Albert C. Jones, yor
25`h day of March, 200 .
APPROVED AS TO FORM:
By: _ y
Thomas J. Ansb1r � y Attorney
Dated: I`/�
PAB:dmv
03/12/08
03/07/08
daniabeachjpa.am01 doc.doc
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EXHIBIT "A-1"
PROGRAM PLAN
COUNTY shall furnish the following services
11 inp an of earth ,ie a ,..,e this n wee e F erfe +•
1.1 COUNTY shall receive acceptable waste from its citizens, or others authorized to
utilize the North, Central or South Transfer Station by CITY pursuant to the
provisions herein. The acceptable waste shall be loaded into trailer trucks for
hauling and disposal to a permitted disposal site or placed in a covered transfer
trailer pending full loading, hauling and disposal. The provision of services herein
may be performed by COUNTY through the use of its employees, or COUNTY may
enter into a contract with a third party to perform the services.
1.2 Access shall be in accordance with operating procedures as specified in Exhibit'B_
1", attached thereto and made a part hereof.
1.3 The Transfer Station shall be operated in such a manner to avoid delays and back-
ups in receiving acceptable waste. The Transfer Station shall operate Saturdays
from 8:00 a.m. to 4:00 p.m. Changes in operating times may be approved by the
Contract Administrator.
1.3 COUNTY shall not accept unacceptable waste delivered to the Transfer Station. In
the event that unacceptable waste is delivered, CITY shall take all necessary and
appropriate action to remove and lawfully dispose of the unacceptable waste at its
sole cost and expense.
1.4 COUNTY shall obtain any and all permits required by any federal, state, local
governmental or regulatory agency to operate the Transfer Station.
1.5 COUNTY shall promptly notify CITY of any event that forces the closing of the
Transfer Station during normal business hours.
1.6 COUNTY shall maintain all landscaping, utilities, grounds maintenance, roadway,
asphalt or pavement repairs, and any other repairs and maintenance to the
infrastructure serving the Transfer Station.
CITY shall provide the following serviceSGGFRFReRGiRg on May Eq 1 and
2.1 City shall inform residents on the operating procedures including but not limited to
acceptable materials, prohibited vehicles, identification requirements to determine
city residency.
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EXHIBIT "B-1"
OPERATING PROCEDURES
RESIDENTIAL TRASH TRANSFER STATIONS
USAGE:
• Customer usage is limited to four (4) visits per calendar month F.em May piq ,
e F h '3n F h lendaF thi Arse t ' iF-M
_ 2Hlvef�v--^vre&C�rrw.cram�eaf--c..:S--l-�grce:ncni "�a�rr'^ ec.rcvc,
unless pre-authorized by the Contract Administrator;
• Absolutely no commercial or small business waste will be accepted.
REQUIREMENTS:
• A current Driver's License/photo ID with a utility bill (water, electricity, cable,
telephone) and/or tax notice are required as proof of residency (name and address
must match). Any users without the required proof of residency will be denied
access; residents without the required proof of residency will be required to contact
their City for an Authorization Certification to be allowed access into the facilities.
MATERIALS ACCEPTED:
Residential Rubbish:
• Yard furniture
• Yard Waste — tree trimmings
• Old fencing
• Bulky waste
• Other external materials likely to become post-hurricane debris
MATERIALS NOT ACCEPTED:
• Any liquids (gas, etc.);
• Abandoned vehicles or vehicle parts;
• Garbage;
• Hazardous waste and/or household hazardous waste;
• Radioactive materials;
• Explosives;
• Body waste;
• Dead animals;
• Fuel tanks, gas tanks, cylinder tanks.
PROHIBITED VEHICLES:
• Trucks, cars or trailers with logos/lettering which identify the vehicle as commercial;
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• Pickup truck which has been altered or modified from the original design of the
vehicle to permit loading in excess of designed capacity for the truck body;
• Truck or vehicle with capacity design which is greater than 1.5 tons;
• Truck or vehicle with a pickup box (bed) greater than 10 feet in length or a width
greater that 6 feet ;
• Rental or privately owned open trailers greaterthan 8 feet in length and/or with side
boards greater that 3 feet in height;
• Trailer van greater than 8 feet in length.
REGULATIONS:
• Residents are required to off-load and place material in the dumpster themselves
and must abide by the unloading direction of the site supervisor. Children under the
age of 16 are not permitted in the unloading area. Care and caution shall be
exercised at all times. Access and offloading assistance is provided for the
disabled.
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