HomeMy WebLinkAboutR-2008-181 BC Second Amnt Public Transportation 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are repealed to the extent of such conflict.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. a
.S FIRST qTY 1
ATTEST: 0�o ` ALBERT C. JONE
-% MAYOR-COMMIS NER
LOUISE STILSON,CMC
CITY CLERK ¢p
APPROVED AS TO FO 0 SS
BY: `
THONIAS VANS R
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. skin
.. (6) months after- the ..tent of se..,.:eee CITY shell maintain ., average
of five (5) passengers per-reveffue seEviee heuf per vehiele operated by the GUY.
hi the event that CITY does not maintain such minimum average of passengers
during the term of this Amendment, et the CITY_.. request, COUNTY shall as t
CITY toe e ridership, wPArh may inelude a e mt f r mAA:fieatim Rf the
eWe net C nth in E-A-ib-it It : nde..etee.l and agreed het 'Am the
COLcNTY and CITY that CITY s failu fef afte f COUNTY .. sistaneee to
.„..:.a..:.. :..:...um average of five (5) passengers per revenue serviee hour pew
.eMele shall a .,..tit„te a breveh of this Agreement, entitling the COUNTY to
mawimmediately 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. However,
the perfeEmanee standaFd/fequirefaen4s of this Seetien may be waived, wi
3. That Article 4 "Term and Time of Performance" is hereby amended to read as follows:
4.1 The term of this Agreement shall begin on the date is fully executed by both
parties and shall remain in effect through September 30, 2006; the term may
of the Ce.,t....et Aa..,inist.ete.. 90 days prior to the e rMien of the then a eyA
tefm, and the eensent of . 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 terns 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:slw
09/10/08
08/20/08
g:\divlagree\2008revisedDANIA.doc
08-114.13
$ RESOLUTION#2008-181
EXHIBIT "E"
City of Dania Beach
Annual Operating Funding
Community Bus Service-($20.00/Hour)
Funding
Buses Service Span of Frequency Daily Service Hours Annual Per Annual
Service 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