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Home My WebLink AboutR-2023-137 Approval of BC ILA Community Bus Services - Third AmendmentRESOLUTION NO.2023- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A THIRD AMENDMENT TO AN INTERLOCAL AGREEMENT ("ILA") WITH BROWARD COUNTY AND THE CITY OF DANIA BEACH RELATING TO COMMUNITY SHUTTLE BUS TO INCREASE THE FUNDING REQUIRED BY THE HOURLY RATE INCREASE ASSOCIATED WITH THE COMMUNITY SHUTTLE SERVICE OPERATIONS FROM FORTY FIVE DOLLARS ($45.00), PER HOUR, TO SIXTY EIGHT DOLLARS AND FORTY EIGHT CENTS ($68.48), PER HOUR; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Public Services Department awarded BID ITB No. 2023-004- "Community Shuttle Transportation Services" to Limousines of South Florida" via Resolution No. 2023-061; and WHEREAS, the City Commission authorizes the proper City officials to execute a Third Amendment to the existing ILA between the City and Broward County, which will increase from Forty Five Dollars ($45.00) to Sixty Eight Dollars and Forty Eight Cents ($68.48), per hour; a copy of the Third Amendment to the ILA is attached as Exhibit "A", and it is made a part of and is 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 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 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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 effective 10 days after passage. THIS SPACE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW PASSED AND ADOPTED on Nov Q,rnUK j`T , 2023. Motion by lU T► S5 ( ; S , second bycw6ks " IDQy15 FINAL VOTE ON ADOPTION: Commissioner Joyce L. Davis Commissioner Tamara James Commissioner Marco Salvino Vice Mayor Lori Lewellen Mayor Archibald J. Ryan IV ATTEST: V 'y EL , MMC CITY ERK ISH�'py� APPROVED AS TO FORM AND CORRECTNESS: C e /� 1fW �—' E BO TSIS IT ATTORNEY RESOLUTION #2023-�� THIRD AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACH FOR COMMUNITY SHUTTLE SERVICE This Third Amendment ("Third 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 "City") (collectively referred to as the "Parties"). RECITALS A. The Parties entered into the Interlocal Agreement between Broward County and the City of Dania Beach for Community Shuttle Service, dated October 3, 2019 (the " Original Agreement"), to provide for Community Shuttle Service as an alternative form of public transportation for residents within the jurisdictional limits of the City. B. The Original Agreement was amended by a First Amendment, dated January 25, 2021, which modified Exhibit "F" to increase the funding to reflect the rate in the City's agreement with its Subcontractor, and a Second Amendment, dated September 24, 2021, which amended Exhibit "D" to reflect the vehicles that are being utilized for City's agreement with its Subcontractor. The Original Agreement, as amended by the First Amendment and the Second Amendment, is referred to herein as the "Agreement." C. The Parties now desire to enter this Third Amendment to increase funding to reflect the latest rate increase under the City's most recent Request for Proposal (RFP). Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto 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 Third Amendment shall retain the meaning ascribed to such terms in the Agreement. 2. Amendments to the Agreement made pursuant to this Third 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 F is hereby amended as indicated in the attached Exhibit F. 4. New Sections 11.23 and 11.24 are added to the Agreement as follows (bold/underlining omitted): -1- 11.23 Prohibited Telecommunications Equipment. City represents and certifies that its Subcontractor does not use any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, as such terms are used in 48 CFR §§ 52.204-24 through 52.204-26. City shall require its Subcontractor to represent and certify that the Subcontractor shall not provide or use such covered telecommunications equipment, system, or services during the Term. 11.24 Criminal History Screening Practices. If this Agreement is subject to the requirements of Section 26-125(d) of the Code, City represents and certifies that City and its Subcontractor will comply with Section 26-125(d) of the Code for the duration of the Term. 5. In the event of any conflict or ambiguity between this Third Amendment and the Agreement, the Parties agree that this Third Amendment shall control. The Agreement, as amended herein by this Third 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 Third 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. 6. Preparation of this Third 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. 7. City acknowledges that through the date this Third Amendment is executed by City, City has no claims or disputes against County with respect to any of the matters covered by the Agreement. 8. The effective date of this Third Amendment shall be the date of complete execution by the Parties. 9. This Third Amendment maybe 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. (Remainder of Page Intentionally Left Blank) -2- IN WITNESS WHEREOF, the Parties hereto have made and executed this Third Amendment to Agreement: Broward County, through its County Administrator, authorized to execute same by Board action on the 20th day of August, 2019, Item 70, 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 County Administrator 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 City of Dania Beach Community Bus Third Amendment O8/29/2023 #23-114.00 -3- THIRD AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACH FOR COMMUNITY SHUTTLE SERVICE ATTEST: CITY CLERK CITY CITY OF DANIA BEACH CITY MAYOR Print Name day of 120 I HEREBY CERTIFY that I have approved this Agreement as to form and legal sufficiency subject to execution by the parties: City Attorney In EXHIBIT "F" City of Dania Beach Operating Funding Fiscal Year 2021 2023 Community Bus Service - ($45 00!Heur $68.48/Hour) East Route Buses Service Span of Service Frequency Daily Vehicle Days Funding Per Annual Funding Hours Vehicle Hour 1 Weekday 9:00a-5:30p 60 min 9.00 258 45.00 68_48 $404_-49e-e&159,010.56 1 Saturdays 9:00a-530p 60 min 9.00 52 4500 68_48 $21,060.09 32,048.64 Route Total $"`,`___ 550,^ 191,059.20 West Route Buses Service Span of Service Frequency Daily Vehicle Days Funding Per Annual Funding Hours Vehicle Hour 1 Weekday 9:00a-5:47p 60 min 9.28 258 45.90 68_48 $197,740.80-163, 557.56 1 Saturdays 9:00a-5:47p 60 min 928 52 45-00 68.48 $2 ,'IS4033,045.71 Route Total $' '5` ^^ 197, 003.27 Total Annual Funding S2SSj00&Q0 388,062.47 Increase Annual Cost of Amendment $20 ,--'. ^ G 133,056.47 -1-