HomeMy WebLinkAboutR-2010-098 JPA Second Amendment RESOLUTION NO. 2010-098
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE A SECOND AMENDMENT TO THE JOINT PARTICIPATION
AGREEMENT EXISTING BETWEEN THE CITY OF DANIA BEACH AND
BROWARD COUNTY PERTAINING TO THE 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.
WHEREAS, the City entered into a Joint Participation Agreement for the use of
Broward County residential trash-transfer stations for pre-hurricane residential yard waste
disposal project dated April 17, 2007, which was amended by the First Amendment dated April
8, 2008; and
WHEREAS, the parties desire to extend the Joint Participation Agreement which expires
on September 30, 2010;
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That a two (2) year extension (with two one year renewal options
thereafter) of 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", is approved.
Section 2. That the proper City officials are authorized to execute the Second
Amendment to the Joint Participation Agreement.
Section 3. That all resolutions in conflict with this Resolution are repealed to the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
passage and adoption.
PASSED AND ADOPTED on June 8, 2010.
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C. K. McEL Ed
�PpD'S FIRST MAYOR-COMMISSIONER
A
TEST:
n" Abe )
LOUISE STILSON, MC
CITY CLERK
RATED ��
APPROVED AS T rFRM AND CORRECTNESS:
THOM S J. A ' B O
CITY ATTORNEY
2 RESOLUTION#2010-098
SECOND 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
SECOND 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 Second Amendment to 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, which was amended by the First
Amendment, dated April 8, 2008 (collectively, the "Agreement'); and
WHEREAS, the parties desire to extend the Agreement which expires on
September 30, 2010; NOW, THEREFORE,
IN CONSIDERATION of the mutual promises and covenants contained herein,
and 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
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hereunder.
2. 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
September 30, 24082012 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.
3. In the event of any conflict or ambiguity between this Amendment and the
Agreement, the parties hereto hereby agree that this document shall control.
4. 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.
5. Capitalized terms not otherwise defined herein shall have the meanings set forth
in the Agreement.
6. The Joint Participation Agreement, as amended, is hereby ratified and confirmed.
7. Multiple originals of the Second Amendment may be executed by all parties,
each of which, bearing original signatures, shall have the force and effect of an
original document.
8. The effective date of this Second 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 Second
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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SECOND AMENDMENT TO JOINT PARTICIPATION AGREEMENT BETWEEN
BROWARD COUNTY AND CITY OF DANIA BEACH FOR USE OF BROWARD
COUNTY RESIDENTIAL TRASH TRANSFER STATION
CITY
ATTEST: CITY OF DANIA BEACH, FLORIDA,
A Florida Municipal Corporation,
By
City Clerk Mayor
_day of 20_
APPROVED AS TO FORM:
By
City Attorney
Dated:
PAB:dmv
04/20/2010
trashtransstat-preh urricane-dan iabeachjpa.a m02.doc
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