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Home My WebLink AboutR-2019-001 BC Community Bus Service Amendment to ILA for Decrease in Grant Funding AttachmentRESOLUTION NO.2019-001 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AMENDMENT TO THE 1NTERLOCAL AGREEMENT FOR THE COMMUNITY BUS EXISTING BETWEEN THE CITY OF DANIA BEACH AND BROWARD COUNTY, RELATING TO THE DECREASE IN GRANT FUNDING FOR AN ANNUAL REDUCTION OF TWELVE THOUSAND TWO HUNDRED FIFTY TWO DOLLARS AND THIRTY CENTS ($12,252.30); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach, Florida (the "City") and Broward County (the "County") entered into an Interlocal Agreement for Community Bus Service on September 30, 2014; and WHEREAS, the City currently uses County -owned vehicles to provide Community Bus Services and provides a West Route (green) and an East Route (blue) and has received financial assistance from the County for both routes; and WHEREAS, on May 11, 2018, the County notified the City that the West Route was no longer in compliance with Article 2, Section 2.8 of the Agreement due to the inability to maintain an average of 7.1 passengers per hour during any twelve (12) month rolling period; and WHEREAS, both parties desire to enter into this First Amendment to allow the City to continue operating the West Route on a lease -only basis and to eliminate the financial assistance provided for the West Route by the County; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That the proper City officials are authorized to execute an Amendment to the Interlocal Agreement for Community Bus Service dated September 30, 2014, existing between the City and Broward County, which is attached and made a part of this Resolution. Section 3. That the City Manager and City Attorney are authorized to make minor revisions to the Amendment which are deemed necessary and proper and in the best interests of the City. Section 4. That effective beginning as of July 1, 2018, the City no longer received financial assistance from the County for the West Route. Section 5. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to such extent of such conflict. Section 6. That this Resolution shall be in force and take effect retroactive to July 1, 2018. PASSED AND ADOPTED on January 8, 2019. ATTEST: THOMAS SCHNEIDER, CMC ♦ RI L W L CITY CLERK �.l�,►�r MAYOR APPROVED AS TV FORM AND CORRECTNESS: J. CITY A 2 RESOLUTION #2019-001 F 6 9 R 0 A FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACH FOR COMMUNITY BUS SERVICE This First Amendment to the Interlocal Agreement Between Broward County and City of Dania Beach for Community Bus Service ("First Amendment") is entered into between Broward County ("County") and City of Dania Beach ("City") (collectively the "Parties"). RECITALS A. The Parties entered into an Interlocal Agreement for Community Bus Service dated September 30, 2014 ("Agreement"). B. City currently utilizes County -owned vehicles to provide Community Bus Services and runs a West route (green route) and an East route (blue route) and receives financial assistance for both routes. C. On May 11, 2018, County notified City that the West route was in breach Article 2, Section 2.8 of the Agreement due to failure to maintain an average 7.1 Passengers Per Hour during any twelve-month rolling period. D. The Parties desire to enter into this First Amendment to allow City to continue operating the West route on a lease -only basis and to eliminate the financial assistance provided by County for the West route. 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 by this First Amendment are indicated by use of strikethroughs to indicate deletions and bold/underlining to indicate additions, unless otherwise stated. 2. Effective July 1, 2018, the first day the fourth quarter of County's fiscal year, City will receive no financial assistance from County for the West Route. 3. The Parties agree that the West Route will be operated on a lease -only basis for the remainder of the term of the Agreement. 4. Exhibit F is hereby modified to reflect the reduction of financial assistance for the West Route as provided for in the attached amended Exhibit F. 5. The effective date of this First Amendment shall be the date of complete execution by both parties. This First Amendment represents the final and complete understanding of 1 the Parties regarding the subject matter of the items addressed herein, and together with the remainder of 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 First Amendment that is not contained in this written document or the Agreement. 6. This First 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. [Remainder of this page is intentionally blank] IN WITNESS WHEREOF, the Parties hereto have made and executed this First Amendment to Interlocal Agreement: Broward County through its Board of County Commissioners, signing by and through its County Administrator, authorized to execute same by Board action on the 12th day of August 2014, and City of Dania Beach, signing by and through its City Manager, duly authorized to execute same. WITNESS: (Signature) (Print Name of Witness) (Signature) (Print Name of Witness) Insurance requirements approved by Broward County Risk Management Division By Signature (Date) Print Name and Title above BROWARD COUNTY BROWARD COUNTY, by and through its County Administrator By County Administrator day of 12018 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 By Claudia Capdesuner (Date) Assistant County Attorney By Angela J. Wallace (Date) Deputy County Attorney CC/hb Dania Beach Community Bus First Amendment.doc 10/1/2018 #358169v1 3 ATTEST: CITY CLERK CITY 4 CITY OF DANIA BEACH By: CITY MANAGER Print Name day of . 2018 I HEREBY CERTIFY that I have approved this First Amendment as to form and legal sufficiency subject to execution by the parties: City Attorney AMENDED EXHIBIT 711 City of Dania Beach Operating Funding Fiscal Year 2018 Community Bus Service - (15.00/Hour) Buses Service Span of Service Frequency Daily Service Days Hours Funding Per Revenue Hour Annual Funding 2- WeeWeekda 9 GOa &55 60 Fnin 47.28 256 $509 $ 66,355.29 2 Saturdays 9;00a-655p 60 min 17.28 62 $15-00 $-13,479.40 2 Weekday 9:OOa-5:55D 60 min 17.28 178 $15.00 $ 46,137.60 2 Saturdays 9:OOa-5:55D 60 min 17.28 36 $15.00 $ 9,331.20 1 Weekday 9:OOa-5:55D 60 min 8_5 79 $15.00 $ 10,072.50 1 Saturdays 9:OOa-5:55D 60 min 8_5 16 $15.00 $ 2,040.00 Total Annual Funding $ 67,681.30 Previous Annual Funding $ 79,833.60 Decreased Annual Cost of Amendment $ (12,252.30) Words in stFuek threugh type are deletions from existing text. Words in underscored type are additions to existing text