HomeMy WebLinkAboutR-2009-071 Public Transportation Fourth Amendment RESOLUTION NO. 2009-071
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING THE EXECUTION OF THE FOURTH
AMENDMENT OF THE PUBLIC TRANSPORTATION SERVICES
AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF
DANIA BEACH FOR PUBLIC TRANSPORTATION SERVICES FOR A
TERM EXTENDING TO SEPTEMBER 30, 2009; 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 Fourth Amendment to the Public Transportation Services
Agreement between Broward County and the City of Dania Beach for public transportation
services through September 30,2009 is approved and the proper City officials are authorized to
execute it(the Agreement in substantial form as Exhibit"A" is attached).
Section 2. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 3. That this Resolution shall be in force and take effect immediately upon its
adoption.
PASSED AND ADOPTED on April 28, 2009.
ANNE CASTRO
MAYOR-COMMISSIONER
ATTEST: l mPo�P�s FiRsrGr�
LOUISE STILSON,CMC
CITY CLERK
APPROVED FORM AND CORRECTNESS: ' ^�
THO S SBRO
CITY ATTORNEY
EXHIBIT "All
FOURTH AMENDMENT
to
AGREEMENT
between
BROWARD COUNTY
and
CITY OF DANIA BEACH
for
PUBLIC TRANSPORTATION SERVICES
FOURTH AMENDMENT
to
AGREEMENT
between
BROWARD COUNTY
and
CITY OF DANIA BEACH
for
PUBLIC TRANSPORTATION SERVICES
This is a Fourth Amendment to the Agreement, made and entered into by and
between: BROWARD COUNTY, a political subdivision of the state of Florida,
hereinafter referred 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, COUNTY and CITY entered into a Public Transportation Agreement
for the leasing of wheelchair accessible, passenger vehicles to be used in regular route
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 17, 2007; and
WHEREAS, the parties entered into a Second Amendment to Public
Transportation Agreement on September 30, 2008, which extended the termination date
of the Agreement until January 29, 2009; and
WHEREAS, the parties entered into a Third Amendment which extended the
termination date of the Agreement until April 29, 2009; and
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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 to
September 30, 2009; NOW, THEREFORE,
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 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 APO 29,2099.-September
30, 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.
3. 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)
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IN WITNESS WHEREOF, the parties have made and executed this Fourth
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 County Administrator or designee,
authorized to execute same by Board action on the _ day of , 2009, and
CITY OF DANIA BEACH, signing by and through its duly authorized to
execute same.
COUNTY:
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
By
County Administrator
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
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FOURTH 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 Anne Castro
City Clerk Mayor-Commissioner
day of ,2009.
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 2009, by Anne Castro
and Louise Stilson, the Mayor and City Clerk, respectively.
Notary Public
SVT:sW
04/07/09
g:\div\agreeUO09DANIA4thamend.doc
08-114.13
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