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Home My WebLink AboutR-2024-172 2nd Amendment to BC ILA - Additional Bus Shelter MaintenanceREsolrrrroN No. 202.r -)71= A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA. AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A SECOND AMENDMENT OF THE ACREEMENT WITH BROWARD COT]NTY FOR MAINTENANCE OF BUS SHELTERS. RETROACTIVELY PROVIDING FOR THE INSTALLATION OF AN ADDITIONAL SIXTEEN (16) BUS STOP SHELTERS; PROVIDING FOR CONFLICTS; FURTHER. PROVIDING FORAN EFFECTIVE DATE. WHEREAS, on August 16. 2011. pursuant to Resolution No. 201 l-062. the City entered into an Agreement with Broward Counr,"* providing for the fumishing, installation. and maintenance of28 City bus shelters; and WHEREAS, on April 25.2023, the City Commission authorized the First Amendment to the Agreement with Brow-ard County providing for ten (10) new bus stop shelters and updates to the amenities offour (4) existing locations; and WHEREAS, the parties now desire to enter into a Second Amendment to the Agreement providing for retroactive approval of sixteen (16) additional bus stop shelters that have already been installed. further providing ior maintenance olthe bus stop shelters by the City in perpetuity. which Amendment is aftached as "Exhibit A." and incorporated into this Resolution by this reference; and WHEREAS, the City Administration recommends that the City Commission authorize execution of the Second Amendment to ensure the continued maintenance and upkeep of all 54 bus shelters, in the best interest ofthe City and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORTDA: Section 1. That the above "Whereas" clauses are ratified and confirmed. and they are made a part ofand incorporated into this Resolution by this reference. Section 2. That the City Commission authorizes the proper City officials to execute the Second Amendment to the Agreement with Broward County. attached as Exhibit -A". providing for retroactive approval ofthe installation ofsixteen ( l6) additional bus stop shelters at the following locations: o cFa Ft!L!&Fa Z F E,]trl Fa aaoIi) z :-t tLlc d z 9 UcI tl.la- F :.1FJ! .J) E] F- F :Ei)z El z Ia t- v ElV c USl SEIST NB S Y Y Y STATE 4:15 ANGLERS AVE SB S Y Y Y COTINTY 448 ANGLERS AVE TIGERTAIL BLVD SB N S Y Y Y COUNTY 449 ANGLERS AVE SB N Y Y Y COLNTY 454 PHIPPEN RD SW 2 TERR SB N S Y Y Y LOCAI 456 SB N Y Y Y LOCAL 2949 LIS 1 SB N Y Y Y STATE 4758 ANGLERS AVE TIGERTAIL BLVD NB F S Y Y Y COIINTY 4951 SW 25 TERR WB N L Y Y Y STATE 4952 SR84 SECRET WOODS WB INFR L Y Y Y STATE 4960 SW 30 AVE SW 16 CT SB N L Y Y Y LOCAL 1961 GRIFFIN RD SW 29 TERR EB F Y Y Y STAIE S\, 28 TI:RR EB F S Y Y Y S1'A1'E ANGLERS AVE GULFSTREAM WAY NB F S Y Y Y COtn{TY 4981 SW 30 AVE EB F S Y Y Y STATE 4982 SR84 SW 26'IERR EB F-S Y Y Y STATE 2 RESOLUTION N'O'0.\1L I 109 F GRIFFIN RD F STIRLING RD S PHIPPEN RD SW4ST S NWlST S SR84 S 196)GRIFFIN RD 4968 SR84 Section 3. That the City agrees to provide maintenance ofthe additional bus stop shelters for perpetuity. or for as long as the Agreement and subsequent Amendments are in effect. Section {. That all resolutions or parts of resolutions in contlict with this Resolution are repealed to the extent of such conflict. Section 5.That this Resolution shall be effective l0 days after passage. PASSED AND AI)OPTED on O .zozc. Motion bv Si . seco Unanimous Yes No vFINAL VOTE ON ADOPTION Commissioner Lori Lewellen Commissioner Luis Rimoli Commissioner Archibald J. Ryan Vice Mayor Marco Salvino Mayor Joy ce L. Davis IV ATTEST: ELORA CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: TITSIS .I I)VI E EA. RESOI-UTION 4202.I )12 C),*nrni >rVY/ t-ttpfl.fl. B&;!I1ARD I;IIEITEE SECOND AMENDMENT TO AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH FOR MAINTENANCE OF BUS SHELTERS This Second Amendment ("Second Amendment") modifies the agreement between Broward County (the "County") and the City of Dania Beach, a municipal corporation (the "Munlcipality") (each a "Party" and collectively referred to as the "Parties"). RECITALS A. On August t6, 2071, the Parties entered into an agreement ("Original Agreement"), wherein County agreed to install certain bus shelters within the jurisdictional limts of Municipality and, in consideration for County incurring the costs associated with the acquisition and installation of the bus shelters, Municipality agreed to provide perpetual maintenance of the bus shelters at Municipality's sole cost and expense. B. On May 4,2023, the Parties entered into a First Amendment to the Original Agreement, whereby County agreed to acquire and install an additional ten (10) bus shelters within the jurisdictional limits of the Municipality, and Municipality agreed to provide for the perpetual maintenance of these additional bus shelters at Municipality's sole cost and expense. The Original Agreement and First Amendment are collectively referred to as the "Agreement." C. The Parties desire to further modify the Agreement to provide a current list of all bus shelters that Municipality has obligated itself to provide perpetual maintenance at its sole cost and expense pursuant to the Agreement. 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 in this Second Amendment retain their meanings as defined in the Agreement. 2. Except as modified in this Second Amendment, all remaining provisions in the Agreement shall remain in fullforce and effect. 3. Exhibit A to the Agreement is hereby deleted and replaced with Exhibit A to this Second Amendment, which identifies all bus shelters within Municipality (whether procured by County or others) that Municipallty has agreed to perpetually maintain at its sole cost and expense in accordance with the terms of the Agreement. 4. lf there is any conflict or ambiguity between this Second Amendment and the Agreement, the Parties agree that this Second Amendment shall control. The Agreement, as Page 1 of 7 amended herein by this Second 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 Second Amendment. Accordingly, the Parties agree that no deviation from the terms hereofshall be predicated upon any prior representations or agreements, whether oral or written. 5. Preparataon of this Second 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. 5. The Parties agree and acknowledge that through the effective date of this Second Amendment, Municipality has no claims against County with respect to any of the matters covered by the Agreement. 7. The effective date of this Second Amendment shall be the date of complete execution by the Parties. 8. 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. Page 2 of 7 IRemainder of this page is intentionally left blank] lN WITNESS WHEREOF, the Parties hereto have made and executed this Second Amendment to Agreement: Broward County through its Board of County Commissioners, signing by and through its County Administrator, authorized to execute same by Board action on April 6, 2021 (Agenda ltem 16), and the City of Dania Beach, signing by and through its Mayor, duly a uthorized to execute same. BROWARD COUNTY BROWARD COU NTY, by and through its County Adm in istrator Monica Cepero _ day of 2024 Approved as to form by Andrew J. Meyers Broward Cou nty Attorney 1L5 South Andrews Avenue, Suite 423 Fort La uderdale, Florida 33301 Telephone: (954) 357-7500 Gavin P. Rynard Assista nt County Attorney (Date) By N atha n iel A. Klitsberg (Date) Transportation Surtax General Counsel NK/gpr Dania Beach Maintenance Agreement - Second Amendment 7L/07/2024 1132714.1 Page 3 of 7 WITNE55: SECOND AMENDMENT TO AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH FOR MAINTENANCE OF BUS SHETTERS CITY OF DANIA BEACH By MAYOR _ day of Approved as to form: (Signatu re) (Print Name of Witness) (Signatu re) B (Print Name of Witness)City Attorney Page 4 of 7 MUNICIPALITY 20 EXHIBIT A List of Existing Bus Shelters Summary of Work Exhibit A is a replacement showing all existing bus shelters with current components. Modifications to the shelter components in the Agreement are idenfitied in bold and underline. e oF F UJtF z a I F UJ d.F od.IJ zo F(J g a z tr IJo d- F6. F - o- FI z co z6I EF Y E Y 6 3od. 14 u51 OLD G RIFFIN RD SB F Y Y SIATE L]u51 DANIA BEACH BLVD 5B F M Y Y Y STATE 18 us1 5W157 SB F M Y Y Y STATE 19 us1 STIRLING RD SB F M Y Y STATE 20 US1 SW3ST 5B N Y Y Y Y STATE 22 us1 DIXIE HWY 5B N M N Y N STAT E US1 SW 11 ST 5B E N Y Y N STATE 1,O2 US1 5E 14 5T NB N Y Y Y Y STATE 103 u51 5E 13 TERR NB F N Y Y STATE 104 US1 SE 12 ST NB F N Y Y STAT E 105 us1 SESST NB F S Y Y N STATE 101 u51 SE 3 TERRACE NB F Y Y N STATE 108 US1 STIRLING RD NB F S Y Y Y STAT E 109 us1 SElST NB F S Y Y Y STATE US1 NE 157 NB F Y Y N STATE 111 US1 NE2ST NB F S Y Y STAT E 432 SW 12 AVE SW65T NB F Y Y Y LOCAL 443 NWlST NW 10 CT WB N Y Y N LOCAL 445 ANGLERS AVE G RIFFIN RD SB F S Y Y COUNTY 446 ANG LERS AVE HIGHLAND MHP PAR K SB F Y Y Y COUNTY Page 5 of 7 110 M M I I I 24 o oF FlrJ G,F z a I zo F(,,) UJ &. 6 zotr Io o- Fd, UJ 5ul !! F-(Jz IE z6 dF IJ &ul 6 =oE 448 ANGLERS AVE TIG ERTAIL BLVD N Y Y Y COUNTY 449 ANG LERS AVE STIRLING RD SB N S Y COU NTY 454 PH IPPEN RD SW 2 TERR SB N s Y 456 PHIPPEN RD SW4ST N 5 Y Y Y LOCAL s79 GULF STREAM RD WB N STATE s80 DANIA BEACH BLVD SE 5 AVE WB N N N Y Y STATE 581 FRONTON BLVD WB N Y Y Y STATE 582 DANIA BEACH BLVD NE 2 AVE WB N Y Y STATE 583 DANIA BEACH BLVD 5W 1 AVE N M Y Y Y TOCAL 58s DANIA BEACH BLVD SE 2 AVE EB N N N Y Y STATE 586 DAN IA BEACH BLVD SE 3 AVE EB N N Y Y Y 587 DANIA BEACH BLVD SW 5 AVE N Y Y Y Y STATE 588 N BEACH RD CAMBRIDGE ST NB F Y Y LOCAL 2554 DANIA BEACH BLVD 6ULFSTREAM RD F Y Y Y Y STATE 2949 us1 NW15I SB N s Y Y Y STATE 295t US1 DANIA BEACH BLVD NB N s Y STATE 3329 SH ERIDAN STREET SE 2 AVE F N Y STATE 3330 SH ERIDAN STREET us1 WB F Y Y Y STATE 3792 WB F N Y Y N STATE 3818 DANIA BEACH BLVD SE 5 AVE EB Y Y STATE 3819 DANIA BEACH BLVD GULF STREAM RD EB N N Y STATE 4006 SE 5 AVE WB F N Y Y N STATE 4758 ANG LERS AVE IIG ERTAIL BLVD NB F Y Y Y COUNTY 4894 STIRLING RD PHIPPEN RD WB F S Y Y N SIATE 4897 STIRLING RD OAKWOOD BLVD WB N S Y Y STATE Page 6 of 7 FBIulEF I oc,U SB S LOCAL 5B DANIA BEACH BLVD l' l' I'Y DANIA BEACH BLVD Y IY EB STATE EB WB N SHERIDAN STREET DIXIE HWY F N N N SHERIDAN STREET S I o 6-oF F u,/ d,F z I Ful dF o G,I zotr(J uld, 6 z tr Uo A F G, F I o. FIU2 uJ ao z ao- tF Y e.t!:< 6 4951,S R84 SW 25 TERR N L Y Y Y STATE 4952 s R84 SECRET WOODS WB INF R L Y Y Y STAIE 4960 SW 30 AVE SW 46 CT 5B N L Y Y Y LOCAL 4961,SW 29 TERR EB F S Y Y Y STATE 4962 G RIFFIN RD SW 28 TERR EB F S Y Y Y STATE 4968 ANG tERS AVE 6ULFSTREAM WAY NB F S Y Y COUNTY GRIFFIN RD SW 29 TERR WB F 5 Y Y STATE 4981 sR84 SW 30 AVE EB F s Y Y Y STAIE 4982 SR84 SW 26 TERR EB F S Y Y Y STATE Fields Key Direction -SB = Southbound, NB = Northbound, EB = Eastbound, WB = Westbound Location - F = Farside, N= Nearside, INFR - ln front Shelter Type - M = Medium size prefabricated, S= Small size prefabricated Furniture - Y= Yes, N=No Page 7 of 7 3oc, I G RIFFIN RD 4972 I I WB