HomeMy WebLinkAboutR-2023-038 First Amendment to Broward County Agreement for Bus Shelter Maintenance RESOLUTION NO. 2023 - Og g
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE A FIRST AMENDMENT OF BROWARD COUNTY'S
AGREEMENT FOR MAINTENANCE OF BUS SHELTERS TO PROVIDE FOR
BUS STOP IMPROVEMENT OF TEN (10) ADDITIONAL BUS STOP
LOCATIONS AND AMEND THE AMENITIES OF FOUR ALREADY
COVERED LOCATIONS; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on August 16, 2011, pursuant to Resolution No. 2011-062 the City entered
into an Agreement with Broward County to provide maintenance of city bus shelters; and
WHEREAS, the parties now desire to enter into a First Amendment to the Agreement to
provide for bus stop improvements at ten additional locations and amend the amenities covered at
four locations,which Amendment is attached as"Exhibit A",and incorporated into this Resolution
by this reference;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the foregoing findings are incorporated into this resolution by this
reference and they are made a part of it.
Section 2. That that First Amendment to the Agreement with Broward County,
attached as Exhibit "A", be approved, in connection with the bus stop improvements at ten (10)
additional locations and to amend the amenities at four (4) locations and that the proper City
officials are authorized to execute such Amendment.
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are repealed to the extent of such conflict.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
passage and adoption.
PASSED and ADOPTED on April 25, 2023.
ATTEST:
DE
(vbre44‘ 4qe4s
ELORA 'a , C • ARCHIBAL D J. RYA T IV
CITY CLERK ) MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EV BOU SIS
CI ATTORNEY
2 RESOLUTION#2023-0 Jo
EXHIBIT "A"
COUNTY
L 0 k ( A
FIRST AMENDMENT TO AGREEMENT BETWEEN
BROWARD COUNTY AND THE CITY OF DANIA BEACH
FOR MAINTENANCE OF BUS SHELTERS
This First Amendment ("First Amendment") is entered into by and between
Broward County, a political subdivision of the State of Florida ("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 "Municipality") (collectively referred to
as the "Parties").
RECITALS
A. The Parties entered into the agreement between Broward County and the City of
Dania Beach, dated August 16, 2011 (the "Original Agreement"), to provide for
maintenance of bus shelters.
B. The Parties now desire to enter this First Amendment to provide for bus stop
improvements at ten (10) additional locations and amend the amenities covered at four
(4) locations already covered in the original Agreement.
Now, therefore, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Parties agree as follows:
1. The above Recitals are true and correct and are incorporated herein by reference.
All capitalized terms not expressly defined within this First Amendment shall retain
the meaning ascribed to such terms in the Agreement.
2. Amendments to the Agreement made pursuant to this First Amendment are
indicated herein by use of strikethroughs to indicate deletions and bold/underlining
to indicate additions. Except as modified herein, all remaining terms and conditions
of the Agreement shall remain in full force and effect.
3. Exhibit A is revised as indicated in the attached Exhibit A.
4. In the event of any conflict or ambiguity between this First Amendment and the
Agreement, the Parties agree that this First Amendment shall control. The
Agreement, as amended herein by this First Amendment, 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 hereof that are not contained in the Agreement as amended in this
First Amendment. Accordingly, the Parties agree that no deviation from the terms
hereof shall be predicated upon any prior representations or agreements, whether
oral or written.
5. Preparation of this First Amendment has been a joint effort of the Parties 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.
6. Municipality acknowledges that through the date this First Amendment is executed
by Municipality, Municipality has no claims or disputes against County with respect
to any of the matters covered by the Agreement.
7. The effective date of this First Amendment shall be the date of complete execution
by the Parties.
8. This First Amendment may be executed in counterparts,whether signed physically
or electronically, each of which shall be deemed to be an original, but all of which,
taken together, shall constitute one and the same agreement.
(The remainder of this page is blank.)
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IN WITNESS WHEREOF, the Parties hereto have made and executed this
First Amendment to Agreement: Broward County, signing by and through its County
Administrator authorized to execute same by Board action on the 16th day of April, 2021,
(Agenda Item 16) and the City of Dania Beach, signing by and through its
, duly authorized to execute same.
COUNTY
BROWARD COUNTY, by and through
its County Administrator
By
Monica Cepero
day of , 20_.
Approved as to form by
Andrew J. Meyers
Broward County Attorney
115 South Andrews Avenue, Suite 423
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
By
Angela J. Wallace (Date)
Transportation Surtax General Counsel
AJW/hb
Dania Beach 1st Amendment.doc
12/07/22
#22-114.00
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FIRST AMENDMENT TO AGREEMENT BETWEEN BROWARD COUNTY AND THE
CITY OF DANIA BEACH FOR MAINTENANCE OF BUS SHELTERS
MUNICIPALITY
ATTEST: CITY OF DANIA BEACH
By:
CITY MAYOR
CITY CLERK
Print Name
day of , 20
I HEREBY CERTIFY that I have approved this
Agreement as to form and legal sufficiency
subject to execution by the parties:
City Attorney
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EXHIBIT A
PROJECT IMPROVEMENT AND SCOPE
Summary of Work
Install bus shelters and associated amenities at 26 36 separate locations throughout the
City of Dania Beach, in accordance with the attached list of locations (see table below).
The shelters shall be manufactured and installed in accordance with the manufacturer's
specifications.
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14 US1 OLD GRIFFIN RD SB F NYY N STATE
17 US1 DANIA BEACH BLVD SB F M Y Y Y STATE
18 US1 SW 1ST SB F M Y Y NY STATE
19 US1 STIRLING RD SB F M Y Y N STATE
20 US1 SW 3 ST SB N N Y Y N STATE
24 US1 SW 11 ST S B F N Y Y N STATE
102 US1 SE 14 ST NB N N Y Y N STATE
103 US1 SE 13 TERR NB F NYY N STATE
104 US1 SE 12 ST NB F N Y Y N STATE
105 US1 SE 6 ST NB F S Y Y N STATE
107 US1 SE 3 TERRACE NB F NYY N STATE
108 US1 STIRLING RD NB F S Y Y Y STATE
111 US1 NE 2 ST NB F S Y Y Y STATE
432 SW 12 AVE SW 6 ST NB F Y Y Y Y LOCAL
HIGHLAND PARK
446 ANGLERS AVE MHP SB F Y Y Y Y COUNTY
579 DANIA BEACH BLVD GULF STREAM RD WB N Y Y Y Y STATE
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580 DANIA BEACH BLVD SE 5AVE WB N N N Y Y STATE
LOCAL
581 DANIA BEACH BLVD FRONTON BLVD WB N NY Y Y NY STATE
LOCAL
582 DANIA BEACH BLVD NE 2 AVE WB N NY Y Y NY STATE
583 DANIA BEACH BLVD SW 1 AVE EB N M Y Y Y LOCAL
585 DANIA BEACH BLVD SE 2 AVE EB N N N Y Y STATE
LOCAL
586 DANIA BEACH BLVD SE 3 AVE EB N N Y Y Ni Y STATE
587 DANIA BEACH BLVD SW 5 AVE EB N Y Y Y Y STATE
588 N BEACH RD CAMBRIDGE ST NB F Y Y Y Y LOCAL
2554 DANIA BEACH BLVD GULFSTREAM RD WB F NYY Y STATE
2950 US1 SE 30 ST NB N N Y Y N STATE
2951 US1 DANIA BEACH BLVD NB N S Y Y N STATE
3329 SHERIDAN STREET SE 2 AVE W F N Y Y N STATE
3330 SHERIDAN STREET US1 WB F N Y Y N STATE
3792 SHERIDAN STREET DIXIE HWY WB F NYY N STATE
3818 DANIA BEACH BLVD SE 5 AVE EB F N N Y Y STATE
3819 DANIA BEACH BLVD GULF STREAM RD EB N N N Y Y STATE
4006 SHERIDAN STREET SE 5 AVE WB F NYY N STATE
4894 STIRLING RD PHIPPEN RD WB F S YYN STATE
4897 STIRLING RD OAKWOOD BLVD WB N S Y Y N STATE
4972 GRIFFIN RD SW 29 TERRACE WB F S Y Y Y STATE
Fields Key
Direction —SB = Southbound, NB = Northbound, EB= Eastbound, WB =Westbound
Location - F = Farside, N= Nearside
Shelter Type—M = Medium size prefabricated, S= Small size prefabricated
Furniture—Y=Yes, N=No
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