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HomeMy WebLinkAboutR-2009-031 Public Transportation Third Amendment RESOLUTION NO. 2009-031 A RESOLUTION OF THE CITY COMMISSION OF THE, CITY OF DANIA REACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXE.CIJT , A "THIRD AMENDMENT TO AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH FOR PUBLIC TRANSPORTATION SERVICES; PROVIDING FOR CONFLICTS; FURTHP.R, 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 Third Amendment to the Agreement existing between Broward County and the City of Dania Beach for Public Transportation Services, a copy ofwhich is attachd and made a part ofthis resolution as Exhibit "A". Session 23 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 inleresls ofthe City. Such agreement shall not be deemed accepted by the City unless and until the City hat completed its execution. Section 3. That all resolutions or pairs of resolutions in conflict with Ws Resolution are repealed m the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its adoption. PASSED AND ADOPTED con February 11, 2009. nn l fRT ATTEST: ALBERT G CA JONES C, Za f o / [a OXJ� \ MAYOR-COMMISSIONER LOUISE STILSON, CMCMC CITY CLERK APPROVED)M AASE TO 0 A ND CO RRECFb"% BY A� ] RO CITY TORNEY TH= AMENDMENT b AGREEMENT between BROWARD COUNTY ed CITY OF DANIA BEACH for PUBLIC TRANSPORTATION SERVICES 2 ItESO=rON 42X -Otl THIRD AMENDMENT to AGREEMENT between BROWARD COUNTY and CITY OF DAyl BEACH fur PUBLIC TRANSPORTATION SERVICES This is a Third Amendment to the Agrmvenl, made and entered into by and between: BROWARD COUNTY, a political subdivision of the state of Florida, hereinafter referrer to as "COUNTY," AND CITY OF DANIA BEACH, a municipal corporation organized and existing under the laws of the state of Florida, its successors and assigns, hereinafter referred to as "CITY." WHEREAS, COONTY and CITY entered into a Public Transportation Agreement for the leasing of wheelchah accessible, passenger vehicles to be used m regular mute service, for a three year term, with two (2) additional one(1) year period extensions; and WHEREAS, the parties entered into a First Amendment to Public Transportation Agreement on April V, 2W]; and WHEREAS, the parties entered into a Second Amendment to Public Transportation Agreement an September 30, 2008, which extended the remtination date of the Agreement until January 29, 2009; and WHEREAS, the Agreement and the Amendments shall be referred to collectively as the "Agreement"; and WHEREAS, the parties desire to extend the termination date of the Agreement for an additional ninety (90) day period in order to allow COUNTY to work with the participating 3 REROLT ON42M9-nth municipalities to develop a comprehensive fare system for Public Transportation Services; NOW, THEREFORE, In consideration of the mutual terms, conditions, promises, covenants, and payments hereinafter set forth, COUNTY and CITY agee as follows: 1. That the recitals set forth above are true and correct and made a part of thisAmendmen[. 2. That Article 4 "Term and Time of Performance" is hereby oriented to read as follows: 4.1 The term of this Agreement shall begin on the data is fully executed by both parties and shall remain in effect through Jactuary Avdl 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 StaNtes, 3. Except as otherwise set forth herein, the terms and conditions of the Agreement shall rennin unchanged and in full force and effect between the parties. (INTENTIONALLY LEFT 13LAN[{) 4 RESOLUTION x200Y-031 IN WITNESS WHEREOF, the parties have made and executed Ibis Third Amendment to the Public Transportation Services Ageement on the respective dazes under each signature: BROWARD COUNTY ttuough its BOARD OF COUNTY COMMISSIONERS, signing by and through its County Administrator or designee, authorized to execute smut by Board action on the 6lb day of January, 2009, and CITY OF DAMA BEACH, signing by and through its duly authorized r0 execute sane. COUNTY: X17EST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS By County Administrmcrand County Administrator Ex-OBJcio Clot of the Board of Country Commissioners of Broward County, Florida day of -, 20 Approved as to Insurance Approved as m f by Requirements by Rink Once of Century Attorney Marugement Division Broward County, Florda JEFli J. NEWTON, County Attorney Uovamme rtal Center, Room 423 115 South Andrews Avenue By Fort Lauderdale, Florida 33301 Telephone (954)357-96W Telecopier (954) 357-6968 By Sharon V. Thorsen Senior Assistant County Attorney 5 RESOLUTION #2"- 31 TIIIRD AMENDMENT TO AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACH FOR PURI.IC TRANSPORTATION SERVICES C= AT ES 1: CffY OF DANIA REACH Hy Louisa gtdwq CMC Anne Castro City Clvk Vice-Mayor-Commissioner I la day of February, 2009. APPROVED AS TO FORM: Thomas J. Anabfo City Attorney STATE OF FLORIDA County ofUmwaN ) Fic fmcgo erg Instrument waR acknowledged before me, the unciarsoluad rotary public In and for the state of Florida, on Jua the I day of Fconury, 2009, Try Anne Castro and Louise StAwn, the Vice- Mayor and Cry Clerk rspcctively. Notary Public 6 RESOLUTIONN2009-03I EXHIBIT "E" City of Dania Beach Operating Funding Extension January 30, 2009 -April 29, 2009 Community Bus Sawice-($20.001Nour) auxv Smlvv BPen Neervlve FirywrcY nJly ng Pw um py RawnFundlue Xeue Funding 1 Weekday 9:00a<:49D 60 Mn 16 68 $2000 in 296.00 1 Weekday 9:OOa4:4Ep 80,rvn T] 66 $2000 10J6000 TOM Ope,afing FUMs 20,4oJ.O0 CONCURRENCY FUNDS (Funds Expire 0913012009) Bueu Servlev spenuriiwn Fngmv Day au iw aew Pundo Xem Funding 1 Weekday 4:6Wago 60 min 10 66 $20.00 132000 1 Weekday 44%s_5:30D 60 min 10 88 $20,00 1,820.00 1 aaluNay 9:OOa5:09p 60 mm 080 13 $20.00 2,28800 1 smumay 9:00a830D 60 ran 6]0 13 $2000 226100 Tom! Cancunency Funds 7,IW.00 Total Mass Transit Funding 27,650.00