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HomeMy WebLinkAboutR-2008-192 Beach Maintenance Agr with Hollywood RESOLUTION NO.2008-192 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, 2008; 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, 2008; 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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 October 14, 2008. �Q ALBERT C. JONES MAYOR-COMMISSIONER eP�WARD'S FjR4' A EST:, r LOUISE STILSON CITY CLERK 'aTED I APPROVED AS TOVU AND CORRECTNESS BY: THOMA J. A,*SIAAO CITY ATTORNEY r BEACH MAINTENANCE AGREEMENT THIS AGREEMENT is made and entered into in Broward County, Florida as of the day of , 2008, 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 Dania Beach makes such a request, said request shall be in writing and addressed to Greg Turek, Director, Department of Public Works. 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 sixty (60) 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, commencing on October 1, 2008 and terminating on September 30, 2009, and shall be renewable for two (2) successive one (1) year periods upon mutual agreement of the parties. Either party may terminate, with or without cause, upon sixty (60) days advance written notice to the other party. 4. Payment Dania Beach shall pay to Hollywood for the beach maintenance services outlined in Section 1 of this Agreement the sum of $43,261.07 for the initial year of beach maintenance services, payable in equal monthly installments of $3,605.09 beginning October 1, 2008; 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 Greg Turek, Director, Public Works P.O. Box 229045 Hollywood, Florida 33022-9045 Copy to: City of Hollywood Office of the City Attorney Jeffrey P. Sheffel, City Attorney 2600 Hollywood Boulevard, Room 407 Hollywood, Florida 33020 As to Dania Beach: City of Dania Beach Ivan Pato, City Manager 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Copy to: City of Dania Beach Tom Ansbro, 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 applicable to the matters contained herein. Accordingly, no deviation from the terms hereof shall be predicated upon any prior representations or agreement, 3 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 ATTEST: BY: PETER BOBER, MAYOR PATRICIA A. CERNY, MMC CITY CLERK APPROVED AS TO FORM & LEGALITY FOR THE USE AND RELIANCE OF THE CITY OF HOLLYWOOD, FLORIDA, ONLY. JEFFREY P. SHEFFEL, CITY ATTORNEY CITY OF D©,A,NIIAA BEACH TNESSE qau� dVl/r' n OJ � AL ERT C. JO S, MAYOR 06 DATE: 9 , 2008 ATTEST: AN O,tITY MANAGER LOUIS ST�ILS�ONN, CITY CLERK DATE: c520 , 2008 APPROVED AS F AND CORRE TNESS o���PD,S F1 rc�r TOM NSBR , CI ATTORNEY 1 ATBO � 4