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Home My WebLink About2008-09-24 Addendum-Final FY 08/09 Budget Public Hearing City Commission Meeting Agenda ADDENDUM DANIA BEACH CITY COMMISSION FINAL FY 08/09 BUDGET PUBLIC HEARING WEDNESDAY, SEPTEMBER 24, 2008 - 7:00 P.M. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION REQUIRED. REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY PERSON,FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO ORDINANCE # 01-93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE IN THE ADMINISTRATION CENTER. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE CITY CLERK'S OFFICE, 100 W. DANIA BEACH BOULEVARD, DANIA BEACH,FL 33004,(954)924-6800 EXTENSION 3624,AT LEAST 48 HOURS PRIOR TO THE MEETING. IN CONSIDERATION OF OTHERS,WE ASK THAT YOU: A. PLEASE TURN CELL PHONES OFF,OR PLACE ON VIBRATE. IF YOU MUST MAKE A CALL,PLEASE STEP OUT INTO THE ATRIUM,IN ORDER NOT TO INTERRUPT THE MEETING. B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE, PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING. 4. RESOLUTION#2008-181 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A "SECOND AMENDMENT TO AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH FOR PUBLIC TRANSPORTATION SERVICES'; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION NO. 2008-181 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A "SECOND AMENDMENT TO AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH FOR PUBLIC TRANSPORTATION SERVICES'; 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 the proper City officials are authorized to execute a Second Amendment to the Agreement existing between Broward County and the City of Dania Beach for Public Transportation Services, a copy of which is attached and made a part of this resolution as Exhibit"A". Section 2. That the City Manager and City Attorney are authorized to make minor revisions to such agreement as are deemed necessary and proper for the best interests of the City. Such agreement shall not be deemed accepted by the City unless and until the City has completed its execution. 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 adoption. PASSED AND ADOPTED on September 24, 2008. ATTEST: ALBERT C. JONES MAYOR-COMMISSIONER LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY Exhibit "A" SECOND AMENDMENT to AGREEMENT between BROWARD COUNTY and CITY OF DANIA BEACH for PUBLIC TRANSPORTATION SERVICES 2 RESOLUTION#2008-181 In consideration of the mutual terms, conditions, promises, covenants, and payments hereinafter set forth, COUNTY and CITY agree as follows: 1. That the recitals set forth above are true and correct and made a part of this Amendment. 2. That Section 2.1.4 is hereby amended to read as follows: 2.1.4 CITY shall maintain a minimum average of 7.1 passengers per revenue service hour per vehicle operated by CITY during the term of this Amendment. In the event that CITY does not maintain such minimum average of passengers during the term of this Amendment, of the G=Y_s —quest, COUNTY shell e CITY to inerease ridership, ..h:eh m include a request c r mea:i:eetien of the w u4e f as f..set th in Exhibit T A'@ It . under-steed and ee,l hey ,ee« the CYVINTY and CITY that CITY failtwe after 1TY a sisa«ee e A GOUTt e to maintain e ininimum average of five (5) passengers «ems ..e..e«,.e ..e....ae he„f «e. wehiele shall a «stitute a bressh a f this A greefne..te e«titling the COUNTY t0 may immediately terminate the same in accordance with the terms hereof and shall entitle COUNTY to pursue any and all other remedies provided under this Agreement or any remedies available to COUNTY at law or in equity. the peF fo ff,e«ee stanch difequir-emems of this Beet:,... ,S.e_waived, .with 3. That Article 4 "Term and Time of Performance" is hereby amended to read as follows: 4.1 The tern of this Agreement shall begin on the date is fully executed by both parties and shall remain in effect through Septembef 30, 2006; the tefm may .te«Aed f r up to twe M\ additie«el e e (1) year- per-iods upen Taten approval te.. and the e e«t of City. January 29, 2009. If the term of this Agreement extends beyond a single fiscal year of COUNTY, the continuation of this Agreement beyond the end of any fiscal year shall be subject to the availability of funds from COUNTY in accordance with Chapter 129, Florida Statutes. 4. Except as otherwise set forth herein, the terms and conditions of the Agreement shall remain unchanged and in full force and effect between the parties. (INTENTIONALLY LEFT BLANK) 3 RESOLUTION#2008-181 IN WITNESS WHEREOF, the parties have made and executed this Second Amendment to the Public Transportation Services 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 Board action on the _ day of 20_, and CITY OF DANIA BEACH, signing by and through its duly authorized to execute same. COUNTY: ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS By County Administrator and Mayor Ex-Officio Clerk of the Board of County Commissioners of Broward County, Florida _day of 20 Approved as to Insurance Approved as to form by Requirements by Risk Office of County Attorney Management Division Broward County, Florida JEFFREY J. NEWTON, County Attorney Governmental Center, Room 423 115 South Andrews Avenue By Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-6968 By Sharon V. Thorsen Senior Assistant County Attorney 4 RESOLUTION#2008-181 SECOND AMENDMENT TO AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACH FOR PUBLIC TRANSPORTATION SERVICES CITY: ATTEST: CITY OF DANIA BEACH By Louise Stilson,CMC,City Clerk Albert C. Jones,Mayor day of 20 APPROVED AS TO FORM: Thomas J. Ansbro, City Attorney STATE OF FLORIDA ) County of Broward ) The foregoing instrument was acknowledged before me, the undersigned notary public in and for the state of Florida, on this the day of , 2008, by and the Mayor and City Clerk,respectively. Notary Public SVT:siw 09/10/08 08/20/08 g:W iv\agree\2008revisedDAN[A.doc 08-114.13 5 RESOLUTION#2008-181 EXHIBIT "E" City of Dania Beach Annual Operating Funding Community Bus Service-($20.00/Hour) Funding Span of Annual Per Annual Ruses Service Service Frequency Daily Service Hours Days Revenue Funding Hour 9:00a- 1 Weekday 4:49p 60 min 7.8 255 $20.00 39,780.00 9:00a- 1 Weekday 4:44p 60 min 7.7 255 $20.00 39,270.00 Total Annual Operating Funds 79,050.00 CONCURRENCY FUNDS (Funds Expire 09/30/2009) Funding Span of Annual Per Annual Bases Service service Frequency Daily Service Hours Days Revenue Funding Hour 4:49p- 1 Weekday 5:49p 60 min 1.0 255 $20.00 5,100.00 4:49p- 1 Weekday 5:30p 60 min 1.0 255 $20.00 5,100.00 9:00a- 1 Saturday 5:49p 60 min 8.80 52 $20.00 9,152.00 9:00a- 1 Saturday 5:30p 60 min 8.70 52 $20.00 9,048.00 Total Annual Concurrency Funds 28,400.00 Total Annual Mass Transit Funding 107,450.00 6 RESOLUTION#2008-181