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HomeMy WebLinkAboutR-2021-136 BC Community Shuttle Bus Second Amendment to ILARESOLUTION NO.2021-136 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A SECOND AMENDMENT TO AN INTERLOCAL AGREEMENT ("ILA") WITH BROWARD COUNTY AND THE CITY OF DANIA BEACH RELATING TO THE COMMUNITY SHUTTLE BUS TO REFLECT THE VEHICLES THAT ARE BEING UTILIZED FOR THE CITY'S AGREEMENT WITH ITS SUBCONTRACTOR; 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 City Commission authorizes the proper City officials to execute a Second Amendment to the existing ILA Agreement between the City and Broward County to reflect the types of vehicles that are being utilized for City's agreement with its subcontractor; a copy of the Second Amendment to ILA Agreement is attached as Exhibit "A", and it is made a part of and is incorporated into this Resolution by this reference. Section 2. That the City Manager and City Attorney are authorized to make revisions to such Amendment as are deemed necessary and proper and in 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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 full force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on September 13, 2021. ATTEST: ( 7 o • THOMAS SCHNEIDER, CMC TAMARA J CITY CLERK �Od` MAYOR ISHED1 APPROVED AS Tq F�RM AND CO THOMA'.S J. ANSB�O CITY ATTORNEY v' EXHIBIT "A" SECOND AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACH FOR COMMUNITY SHUTTLE SERVICE This is the Second Amendment to the Agreement (the "Second Amendment") between Broward County (the "County") and the City of Dania Beach, a municipal corporation located in Broward County, Florida, organized and existing under the laws of the state of Florida (the "City") (collectively the "Parties"). RECITALS A. The Parties entered into an Agreement dated October 3, 2019 ("Agreement"), which provides for Community Shuttle Service as an alternative form of public transportation for residents within the jurisdictional limits of the City. B. On January 25, 2021, the Parties executed the First Amendment to the Agreement, which modified Exhibit "F" to increase the funding to reflect the rate in the City's agreement with its Subcontractor. C. The Parties desire to enter this Second Amendment to reflect the vehicles that are being utilized for City's agreement with its Subcontractor. Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: 1. Except as expressly modified herein, all terms and conditions of the Agreement remain in full force and effect. Amendments made to the Agreement pursuant to this Second Amendment are indicated herein by use of strikethroughs to indicate deletions and bold/underlining to indicate additions. Terms used herein but not defined herein shall have the meaning ascribed to such terms in the Agreement. 2. Exhibit D is hereby amended as indicated in the attached Exhibit D. 3. The effective date of this Second Amendment shall be the date of complete execution by both Parties. This Second Amendment, together with the Agreement and First Amendment, represents the final and complete understanding of the Parties regarding the subject matter of the items addressed herein, and together with the Agreement, supersedes all prior and contemporaneous negotiations and discussions regarding that subject matter. There is no commitment, agreement, or understanding concerning the subject matter of this Second Amendment or the Agreement that is not contained in this written document or the Agreement. 4. This Second Amendment may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. -1- 5. Each individual executing this Second Amendment on behalf of a party hereto hereby represents and warrants that he or she is, on the date he or she signs this Second Amendment, duly authorized by all necessary and appropriate action to execute this Second Amendment on behalf of such party and does so with full legal authority. (Remainder of Page Intentionally Left Blank) -2- IN WITNESS WHEREOF, the Parties hereto have made and executed this Second Amendment to Agreement: Broward County, through its County Administrator, authorized to execute same by Board action on the 20th day of August, 2019, and the City of Dania Beach, signing by and through its , duly authorized to execute same. (Signature) (Print Name of Witness) (Signature) (Print Name of Witness) COUNTY BROWARD COUNTY, by and through its County Administrator Bertha Henry County Administrator day of 120 Approved as to form by Andrew J. Meyers Broward County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641 M Angela J. Wallace (Date) Transportation Surtax General Counsel AJ W/h b City of Dania Beach Community Bus Second Amendment 07/27/2021 #21-114.00 -3- SECOND AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACH FOR COMMUNITY SHUTTLE SERVICE WITNESSES: (Signature) (Print Name of Witness) (Signature) (Print Name of Witness) CITY 10 CITY OF DANIA BEACH day of , 20_ Approved as to form: M City Attorney EXHIBIT "D" City of Dania Beach Vehicles for Fiscal Year 2020 2021 Vehicle # Year Make Seats Asset VIN h44274 2$1-3 Fr.ir AeFeteGh 44&�2 316406 M!452 2 4-5 -bevy El DeFaa, 19/2 316620 1r_Q6-r_5-Q16;P 127263 M2010 2021 Champion Defender 16/2 339610 1FDUF5GN9LEE90598 M2011 2021 Champion Defender 16/2 339611 1FDUF5GN5LEE97628 -1-