HomeMy WebLinkAboutR-2007-020 Public Bus Transporation BC RESOLUTION NO. 2007-020
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE , AN
AMENDMENT TO AN AGREEMENT WITH BROWARD COUNTY AND
THE CITY FOR PUBLIC TRANSPORTATION SERVICES WHICH
AGREEMENT PERTAINS TO TWO (2) SHUTTLE BUSES AND EXPANDED
BUS SERVICE TIMES; 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 an amendment to the Interlocal Agreement existing between Broward
County and the City of Dania Beach for public transportation services, in substantial form as
Exhibit "A", attached, is approved and the appropriate City officials are authorized to execute it.
Section 2. That the City Manager and City Attorney are authorized to make minor
revisions to such amendment to the Interlocal 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are repealed to the extent of such conflict.
rSection 4. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on February 14, 2007.
'/A1 —
PATRICIA FLURY
MAYOR—COMMISSIONER
ATTEST: ,^
0� U o
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS TO F RM AND CORRECTNESS:
BY:
THO AS . A BRO
CITY ATTORNEY
FIRST AMENDMENT
to
AGREEMENT
between
BROWARD COUNTY
and
CITY OF DANIA BEACH
for
PUBLIC TRANSPORTATION SERVICES
This is a First Amendment to the Agreement("Agreement")between BROWARD COUNTY
("COUNTY"), a political subdivision of the state of Florida, its successors and assigns,hereinafter
referred to as "COUNTY," through its Board of County Commissioners,
AND
CITY OF DANIA BEACH,a municipal corporation organized and existing under the laws of
the state of Florida, its successors and assigns, hereinafter referred to as "CITY."
WHEREAS,COUNTY and CITY entered into an Agreement dated September 18,2003,for
public transportation services; and
WHEREAS, CITY currently leases two (2) wheelchair accessible passenger vehicles from
COUNTY; and
WHEREAS, CITY desires to expand it services by adding additional weekday service and
adding Saturday service; NOW,THEREFORE,
IN CONSIDERATION of the mutual terms and conditions, promises, covenants and
payments hereinafter set forth,COUNTY and CITY agree that the existing Agreement is amended as
follows:
1. The foregoing recitals are true and correct and incorporated herein by reference.
2. Article 2, "SCOPE OF SERVICES," "SERVICES TO BE PROVIDED BY CITY,"of the
Agreement is hereby amended by adding section 2.1.16 to read as follows:
2.1.16 The established service shall be on a fixed route basis with designated
intermediate stops a minimum of forty (40) hours per week and a minimum
of five 5) days per week provided however, the minimum hours of
operation shall be reduced by eight (8) hours during any week in which a
legal holiday is recognized on a weekday. The CITY service shall connect
with regular COUNTY bus routes and community bus routes, as set forth in
Exhibit"A."
3. Exhibit"A" to the Agreement is hereby replaced in its entirety by Amended Exhibit "A,"
attached hereto. In each instance in which Exhibit"A"is referred to in the Agreement, said
reference shall be deemed to be to Amended Exhibit "A," attached hereto.
4. Exhibit "E" to the Agreement is hereby replaced in its entirety by Amended Exhibit "E"
attached hereto. In each instance in which Exhibit"E"is referred to in the Agreement,said
reference shall be deemed to be Amended Exhibit"E" attached hereto.
5. That Section 9.5 is hereby amended to read as follows:
9.5 Upon termination of this Agreement for whatever reason, CITY shall immediately
return the vehicles leased herein to the COUNTY. CITY shall return the vehicleo
to COUNTY in the condition it was received at the onset of this Agreement,normal
wear and tear excepted. The CITY's obligation to return the vehicles to the
COUNTY in the condition it was received shall include the removal of any painting
or wrapping of the vehicles for advertisement purposes. Any costs necessary to
restore and/or prepare the vehicles for return to COUNTY shall be the sole
responsibility of the CITY. COUNTY, through its Maintenance Transit Manager,
shall have the right to inspect and to approve the condition of the vehicles prior to
acceptance and should the Maintenance Transit Manager determine that the vehicle is
not in the proper condition, CITY shall at its sole cost and expense remedy any and
all deficiencies identified by the Maintenance Transit Manager.
6. The Agreement is hereby amended by adding Section 10.18 to read as follows:
10.18 LIVING WAGE REQUIREMENT
To the extent CITY is a"covered employer"within the meaning of Broward County
Ordinance No 2002 45 as may be amended from time to time CITY agrees to and
shall pay to all of its employees providing "covered services," as defined therein, a
living wee as required by such ordinance and CITY shall fully comply with the
requirements of such ordinance and shall satisfy, comply with and complete all of
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the obliyations set forth therein CITY shall be responsible for and shall ensure that
all of its subcontractors that qualify as covered employers fully comply with the
requirements of such ordinance and satisfy, comply with and complete all of the
obligations set forth therein.
7. The effective date of this First Amendment shall be on the date it is fully executed by both
parties.
8. Except as set forth herein,all of the terms and conditions contained within the Agreement,as
amended, shall remain in full force and effect and are incorporated herein by reference.
9. In the event of any conflict or ambiguity between this Amendment and the Agreement,the
parties hereto hereby agree that this document shall control.
10. Capitalized terms not otherwise defined herein shall have the meanings set forth in the
Agreement.
11. This document incorporates and includes all prior negotiations, correspondence,
conversations,agreements,and understandings applicable to the matters contained herein and
the parties agree that there are no commitments, agreements, or understandings concerning
the subject matter of this document that are not contained in this document. Accordingly,the
parties agree that no deviation from the terms hereof shall be predicated upon any prior
representations or agreements, whether oral or written.
12. Preparation of the Agreement, as amended, has been a joint effort of CITY and COUNTY
and the resulting document shall not,solely as a matter of judicial construction,be construed
more severely against one of the parties than any other.
13. Except as set forth in the Agreement,as amended,no modification,amendment,or alteration
in the terms or conditions contained in the Agreement,as amended,shall be effective unless
contained in a written document and executed by the parties hereto.
14. CITY hereby irrevocably submits to the jurisdiction of Florida's state or federal courts in any
action or proceeding arising out of or relating to the Agreement, as amended and hereby
irrevocably agrees that all claims in respect to such action or proceeding may be heard and
determined in Broward County, Florida, the venue situs. The parties agree that the
Agreement,as amended,shall be construed and interpreted according to the laws of the State
of Florida. To encourage prompt and equitable resolution of any litigation that may arise
hereunder,the parties hereby waive any rights either may have to a trial by jury of any such
litigation.
15. In the event the Agreement,as amended,or a portion of the Agreement,as amended,is found
by a court of competent jurisdiction to be invalid,the remaining provisions shall continue to
be effective unless COUNTY or CITY elects to terminate the Agreement. The election to
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terminate the Agreement based upon this provision shall be made within seven(7)days after
the finding by the court becomes final.
16. The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the
parties.
17. This Amendment may be executed in up to five (5) counterparts, each of which shall be
deemed to be an original.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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IN WITNESS WHEREOF,the parties hereto have made and executed this First Amendment to
Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD
OF COUNTY COMMISSIONERS, signing by and through its Mayor or Vice Mayor, authorized to
execute same by B prrd,action on the day of 20 & and CITY, signing by and
through its duly authorized I execute same.
COUNTY
ATTEST: BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
_ By_
g� Administrator Mayor
x-Officio Clerk of the Board
of County Commissioners day of 00
of Broward County, Florida
Approved as to form by
Office of County Attorney
Broward County, Florida
JEFFREY J. NEWTON, County Attorney
Governmental Center, Suite 423
Approved by: 115 South Andrews Avenue
Risk Management Fort Lauderdale, Florida 33301
Daniel F Clark k Telephone: (954) 357-7600
Date:_ �� � 954) 357-6968
By.
<
r r— Sharon V. Thorsen
Senior Assistant County Attorney
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FIRST AMENDMENT TO AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF
DANIA BEACH FOR PUBLIC TRANSPORTATION SERVICES
CITY
Approved by Resolution No.2007-020
Dated: February 14, 2007
ATTEST: CITY OF DANIA BEACH . �
nX.
By _
Louise Stilson, CMC, City Clerk / Ivan Pat'o' ,City Manager
'day of
APPROVED AS TO FORM:
By
Ton4 An/sblo,khty Attorney
5
Exhibit A
12/5/2006 Dania Beach East Route
DME Weekdays and Saturday
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11:00a 11:10a 11:19a 11:30a 11:36a 11:42a 11:44a
12:00p 12:10p 12:19p 12:30p 12:36p 12:42p 12:44p
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5:00p 5:10p 5:19p 5:30p 5:36p 5:42p 5:44p
6
Exhibit A
12/5/2006 Dania Beach West Route
DN1W Weekdays and Saturday
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11:00a 11:05a 11:08a 11:13a 11:24a 11:28a 11:33a 11:39a 11:47a
12:00p 12:05p 12:08p 12:13p 12:24p 12:28p 12:33p 12:39p 12:47p
1:00p 1:05p 1:08p 1:13p 1:24p 1:28p 1:33p 1:39p 1:47p
2:00p 2:05p 2:08p 2:13p 2:24p 2:28p 2:33p 2:39p 2:47p
3:00p 3:05p 3:08p 3:13p 3:24p 3:28p 3:33p 3:39p 3:47p
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EXHIBIT "E"
City of Dania Beach Operating Funding
Operating Funds
Community Bus Service -($20.00/Hour)
Annual OperatingFunding
Daily Funding
Buses Service Span of Service Frequency Service Days Per Monthly
Hours Revenue Funding
Hour
1 Weekday-East 9:00a-5:47p 60 min 8.78 255 $20.00 44,778.00 Existing
1 Saturday-East 9:00a-5:47p 60 min 8.78 52 $20.00 9,131.20 New
Weekday-
1 West 9:00a-5:44p 60 min 8.73 255 $20.00 44,523.00 Existing
Saturday-
1 West 9:00a-5:44p 60 min 8.73 52 $20.00 9,079.20 New
Total Concurrency Funding 18,210.40
Total Mass Transit Operating Funding 107,511.40
• 8
Exhibit A
Dania. Beach Community Bus
Green and Blue Routes
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