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HomeMy WebLinkAboutCity of Tamarac Resolution R-2010-133Temp. Reso. #11944 - October 18, 2010 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2010 - / 3 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF TAMARAC AND BROWARD COUNTY FOR PUBLIC TRANSPORTATION SERVICES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the need to provide accessible transportation for Tamarac residents I has been identified by the City as a priority; and WHEREAS, on September 23, 2009, the City of Tamarac and Broward County entered into a three-year Agreement for Public Transportation Services (Community Bus Service, Financial Assistance), said Agreement on file and available for review in the Office of the City Clerk; and WHEREAS, in accordance with Article 4 of the Agreement, Term and Time of Performance, the term of the Agreement could be extended for up to two (2) additional one (1) year periods upon written approval of the Contract Administrator and consent of the City, and shall expire on September 30, 2012; and Temp. Reso. #11944 - October 18, 2010 Page 2 WHEREAS, the City of Tamarac and Broward County desire to provide additional public transportation service to the traveling public; and WHEREAS, it is the recommendation of the Director of Parks and Recreation and City Manager that the appropriate City Officials execute the First Amendment to the Agreement between Broward County and the City of Tamarac for Public Transportation Services (Community Bus Service, Financial Assistance) for the provision of additional public transportation services on the "Red Route", the lease of one (1) additional vehicle to perform the additional public transportation services, and to provide for additional financial assistance to the City of Tamarac from Broward County; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to execute the First Amendment to the Agreement between Broward County and the City of Tamarac for Public Transportation Services (Community Bus Service, Financial Assistance) forthe provision of additional public transportation services on the 'Red Route", the lease of one (1) additional vehicle to perform the additional public transportation services, and to provide for additional financial assistance to the City of Tamarac from Broward County. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: Temp. Reso. #11944 - October 18, 2010 Page 3 ' SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. All exhibits attached hereto are hereby incorporated herein by this reference. SECTION 2: That the appropriate City Officials are hereby authorized to execute the First Amendment to the Agreement between Broward County and the City of Tamarac for Public Transportation Services (Community Bus Service, Financial Assistance), for the provision of additional public transportation services on the "Red Route", the lease of one (1) additional vehicle to perform the additional public transportation services, and to provide for additional financial assistance to the City of Tamarac from Broward County, attached ' hereto as "Exhibit 1 ". SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Temp. Reso. #11944 - October 18, 2010 Page 4 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this �,7day of /)' �) c`c ; 2010. BETH TALABISCO MAYOR ATTEST: PYM. A. R HARDSON, CRM, CMC KC ERRECORD OF COMMISSION VOTE: MAYOR TALABISCO_ DIST 1: COMM. BUS DIST 2: COMM. GOA DIST 3: COMM. GLA DIST 4: VM. DRESSI I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM. SAMUEL S. GOREN CITY ATTORNEY Temp. Reso. #11944 — Exhibit 1 FIRSTAMENDMENT to AGREEMENT between BROWARD COUNTY and CITY OF TAMARAC for COMMUNITY BUS SERVICE FINANCIAL ASSISTANCE FIRST AMENDMENT to AGREEMENT between BROWARD COUNTY and CITY OF TAMARAC for COMMUNITY BUS SERVICE FINANCIAL ASSISTANCE This is a First 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 TAMARAC, 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 an Interlocal Agreement ("Agreement') for Community Bus Service for the provision of public transportation services within the CITY; and WHEREAS, COUNTY and CITY desire to provide additional public transportation service to the traveling public; and WHEREAS, the additional public transportation service shall consist of the provision of additional public transportation services on the "Red Route'; and WHEREAS, the Agreement shall be further amended to include the lease of two (2) additional vehicles to perform the additional public transportation services and to provide for additional financial assistance to CITY; NOW, THEREFORE, In consideration of the mutual terms, conditions, promises, covenants, and payments hereinafter set forth, COUNTY and CITY agree as follows: 1 1. That the recitals set forth above are true and correct and made a part of this Amendment. 2. The title to this Agreement shall be amended to delete the words "Financial Assistance Only." 3. Article 1, "Definitions and Identifications," shall be amended by including a definition of "Community Bus Service" to read as follows: Community Bus Service - Community Bus Service shall mean the public transportation service provided hereunder bV CITY through the use of its employees or by a third partV that has entered into a contract with CITY. The term Community Bus Service may be used interchangeably throughout this Agreement with the term public transportation service. 4. Article 2, "Scope of Services," Section 2.1 and subsection 2.1.1, are hereby amended to read as follows: 2.1 CITY shall provide public transportation services within the CITY at the locations and according to schedules as contained in Exhibit "A," and Exhibit "A-1," copies of which are a Gopy of which is attached hereto and made a part hereof. The provision of transportation services may be performed by CITY through the use of its employees or CITY may enter into a contract with a third party to perform the services. In the event CITY contracts with a third party, CITY shall remain fully responsible hereunder and shall ensure that its contractor complies at all times with each and every term, condition, duty, and obligation set forth herein. Any changes to Exhibit "A" or Exhibit "A-1" made by CITY shall be effective only upon the written consent of Contract Administrator. The services to be provided shall include the following: 2.1.1 Service shall be provided a minimum of twenty four (24) hours a week to certain locations and at scheduled intervals as listed on the attached Exhibit "A-." and service shall be provided for an additional thirty six hours per week to certain locations and at scheduled intervals as listed on the attached Exhibit "A-1." CITY acknowledges and agrees that it shall not deviate or make changes to the service routes established in Exhibit 'A," or Exhibit "A-1," including but not limited to a decrease or increase in revenue service hours, without the prior written consent of Contract Administrator. CITY further acknowledges and agrees that compensation under this Agreement is as set forth in Section 5.1, and COUNTY shall not compensate CITY for any deviations or changes from the service routes established in Exhibit "A" or 2 Exhibit "A-1" without the prior written consent of Contract Administrator. Section 2.6, "Equipment," shall be amended to read as follows: 2.6 EQUIPMENT 2.6.1 CITY shall utilize one (1) wheelchair accessible, passenger Vehicle(s), as described on amended Exhibit "E" to be used in regular route service as set forth in Exhibit "A." Such Vehicle(s) shall comply with the Americans with Disabilities Act of 1990 and all applicable federal and state regulations. 2.6.2 COUNTY shall lease to CITY one (1) wheelchair accessible passenger Vehicle(s), as described on amended Exhibit "E" to be used in regular route service as set forth in Exhibit "A-1." Such Vehicle(s) shall comply with the Americans with Disabilities Act of 1990 and all applicable federal and state regulations. These Vehicle(s) shall be leased to CITY for Ten Dollars ($10.00) per Vehicle per year. Prior to the acceptance of the Vehicle(s) by CITY, CITY at its own cost shall have the right to inspect or cause to be inspected, the Vehicle(s) by a mechanic designated by CITY 2.6.3 COUNTY shall provide the manufacturers' warranties and maintenance shop manuals to CITY. 2.6.24 Vehicle(s) used by CITY, or its subcontractor, to provide services pursuant to this Agreement, shall be equipped with bicycle racks or similar device used to transport non -motorized bicycles. 2.6.5 _Upon termination of this Agreement for whatever reason CITY shall return the Vehicles leased herein to COUNTY within seven (7) days of the termination date. CITY shall return the equipment to COUNTY in the condition it was received at the onset of this Agreement normal wear and tear excepted. CITY's obligation to return the equipment to COUNTY in the condition it was received shall include the removal of any painting or wrapping of the Vehicles for advertisement purposes. Any costs necessary to restore and/or prepare the Vehicles for return to COUNTY shall be the sole responsibility of CITY. COUNTY through its Maintenance Transit Manager, shall have the right to inspect and to approve the condition of the Vehicles prior to acceptance and should the Maintenance Transit Manager determine that the Vehicles is not in the proper condition CITY shall at its sole cost and expense remedy any and all deficiencies indentified by the Maintenance Transit Manager. 3 6. Article 4, "Term and Time of Performance" is hereby amended to read as follows: ARTICLE 4 TERM AND TIME OF PERFORMANCE 4.1 The term of this Agreement shall begin on the date it is fully executed by both parties and shall end on ceptembe. 30 September 30, 2013; the term may be extended for up to two (2) additional one (1) year periods upon written approval of Contract Administrator ninety days prior to the expiration date of the current term. 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. 4.2 Prior to beginning the performance of any services under this Agreement, CITY must receive a Notice to Proceed from Contract Administrator. 7. Article 5, "Financial Assistance," is hereby amended to read as follows: ARTICLE 5 FINANCIAL ASSISTANCE 5.1 COUNTY agrees to pay CITY Fifteen Dollars ($15.00) per revenue service hour, per vehicle in revenue service for the Vehicle performing the services set forth on Exhibit "A" and agrees to pay CITY Thirty five Dollars ($35.00) per revenue service hour, per vehicle in revenue service for those Vehicle(s) performing the services set forth on Exhibit "A-1" under the terms of this Agreement, during the term of this Agreement. CITY shall submit its vehicle revenue service hour calculations on the form and pursuant to instructions prescribed by Contract Administrator as set forth in amended Exhibit "F" attached hereto and made a part hereof. The funds addressed herein shall be used by CITY solely for the purpose of maintaining, operating, and properly equipping the vehicle(s) and for no other purpose. On the effective date of this Agreement, COUNTY shall pay CITY, in advance, the anticipated amount due through the first quarter. All payments for subsequent quarters, if applicable, shall be paid in advance on a quarterly basis. 5.1.1 Advance payments made by COUNTY to CITY for any quarter based on projected revenue service hours will be adjusted by COUNTY in future quarterly payments based on the actual revenue hours achieved. 5.2 The name of the official payee to whom COUNTY shall issue checks shall be the CITY OF TAMARAC. n 5.3 METHOD OF BILLING AND PAYMENT 5.3.1 CITY shall submit invoices for compensation, in advance, on a quarterly basis. To be deemed proper, all invoices must comply with the requirements set forth in this Agreement and include a list of all Florida commercial licensed drivers, including drivers' license numbers, for each individual permitted to operate the Vehicle(s) under this Agreement. Each invoice must be submitted on the form and pursuant to instructions prescribed by Contract Administrator as set forth in amended Exhibit "F" attached hereto and made a part hereof. 8. Exhibits "E" and Exhibit "F" of the Agreement shall be replaced in their entirety by amended Exhibits "E " and "F" attached hereto and made a part hereof. 9. This First Amendment shall be effective upon proper execution by all parties hereto; provided however, that the public transportation services as set forth on Exhibit "A-V shall begin on November 1, 2010. 10. This document 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 of this document that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 11. 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. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) E IN WITNESS WHEREOF, the parties have made and executed this First Amendment to the Community Bus 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 2t_ day of Up r - , 2010, and CITY OF TAMARAC, signing by and through its City Manager, duly authorized to execute same. COUNTY: -11". BROWARD COUNTY, through its 'FG?18 BOARD OF COUNTY COMMISSIONERS By County Administrator Z day of G{ 120 10 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 T lecopi r: (954) 357-6968 By Sharon V. Thorsen Senior Assistant County Attorney N. FIRST AMENDMENT TO AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR COMMUNITY BUS SERVICE CITY: ATTEST: CITY OF TAMARAC Peter Richardson, City Clerk (CORPORATE SEAL) SVT:slw Comm u n ity8 us-rama rarAmendment 10/14/2010 10/11/2010 08-114.13 By ��ll✓�i^.y�. r7�Gl.� Adrey L. Miller, City Manager rA 0 day of o, 120 APPROVED AS TO FORM: a uel S. Goren, City Attorney Beth Talabisco, Mayor 7 Tamarac Community Center / rD M V1 A W N 1-+ N O W 00 V 0 0 0 0 0 0 0 0 0 0 0 o Broward County Library a 0 0 0 0 0 0 0 0 0 0 O 0 m N M �n A w 0 10 00 ., USection 11, 13 Rokest / Colony West O O O O O O O O O O O O w w w w w w w w w w w w N A W N O p 00 V MSands Point / Versailles Gardens / 111 I--� N �--� l 0 0 0 0 0 0 0 0 0 0 0 o McNab Road / Lagos De Campos o ID 00 4 HUniversity Drive / McNab Rd (CVS) F+ r f+ r N N N N N N N N N N N N 01 v1 a W r.i N N o n oo ©SW 81 Avenue / McNab Road W a v v '0 'a v D MW M W W Lq a a m m Wm O1 N N O l0 0o V Bermuda Club O1 41 Q1 Q1 Ql O> N pl Ol Ol Ol 01 a v A w N N N 0 10 00 -4 Shaker Village fU N O N O N O N O N O N O N O N O N O N O N O N O n a a a a a -o -o a a or or m M a, v1 a W N N o Lo 00 � .. Sabal Palms / Carriage Hills fl' N V1 N lA N Ln N V1 N V1 N U1 N U1 N ll1 N lf1 N V1 N V1 N VI T A/ C Walmart / McNab Road and Rock r. 0-t- 01 w w w W w W W W O W LO W 00 W V W Island Road 0 z3 o -o 0 a 0 v 0 v 0 v 0 -o O a o a 0 or 0 or 0 m rn 1,1 A W ^' N N N o W 00 .i Mainlands 1 2 4 5 ,,, vi W so w w W W iN a ti W W W W W W LA W LA a a v 'a -a n� m m o, o, m w w w w w w w w w w w w m ao ao o co co w a0 a0 0o ao 00 r � Ol l!1 A W N N O l0 00 V A ? A A A A A ? A A A N N � Q1 lA A W N F+ N F+ O l0 00 V ? A ? A ? A 4P A A A A A 00 00 0o C7 W 00 00 00 00 00 00 00 V M ( A W N 0 o 0 0 0 o O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Old Time Pottery / Publix / Sunshine Plaza Commercial Blvd. and Shaker Village Publix Midway Plaza Tamarac Community Center / Broward County Library x 0 m NUN IV ERSITr DR — C A A C Z m ROCK IS LAND RD A N SR7 Wl N PINE ISLAND RD QE N O Wtl 79 ❑ Ave. IfI NK u CQN v� � m mm OSBLVO �-7S NW M, A, 2 hTo� pV"G ❑ y C �T � O NC � N W SW 81STAVE S S R7 AMENDED EXHIBIT E City of Tamarac Leased and Operating vehicles for the City of Tamarac Red Route Vehicle # Year Make Seats Asset VIN 1061 2010 Ford Cutaway E450 20 306235 1FDFE4FP2ADA05665 Vehicle owned by the City of Tamarac Yellow Route Vehicle # Year Make Seats 818 2003 Ford E450 20 10/27/2010 Buses Service Route 1 Mon -Wed -Fri Red AMENDED EXHIBIT F City of Tamarac Financial Assistance Community Bus Service Red Route ($15.00/Hour) Span of Service Frequency Daily Service Days Funding Per Annual Funding Hours Revenue Hour 9:00a-5:00p 60 min 8.00 152 $15.00 $ 18,240.00 Operating Funds for Red route at $15.00 $ 18,240.00 Community Bus Service Red Route ($35.00/Hour) Buses Service Route Span of Service Frequency Daily Service Days Funding Per Annual Funding Hours Revenue Hour 1 Tue-Thur Red 7:00a-7:00p 60 min 12.00 103 $35.00 $ 43,260.00 1 Mon -Wed -Fri Red 7:00a-9:00a 60 min 2.00 152 $35.00 $ 10,640.00 1 Mon -Wed -Fri Red 5:00p-7:00p 60 min 2.00 152 $35.00 $ 10,640.00 Operating Funds for Red route at $35.00 $ 64,540.00 Total Operating Funds for Red route $ 82,780.00 Community Bus Service Yellow Route ($15.00/Hour) Service Route Span of Service Frequency Daily Service Days Funding Per Annual Funding Hours Revenue Hour 1 Tues-Thur Yellow 9:00a-4:55p 60 min 7.92 103 $15.00 $ 12,236.40 Operating Funds for Yellow route $ 12,236.40 Total Annual Operating Funds for Tamarac $ 95,016.40 Effective: November 1. 2010 11/5/2010 CERTIFICATE OF COVERAGE Certificate Holder Administrator Issue Date 00/22110 ATTN JUDITH MAME•DURAND Florida League of Citles, Inc. BROWARD COUNTY DOARD OF COUNTY COMMISSIONERS Department of Insurance Services SROWARD COUNTY MASS TRANSIT P.O. Box 530065 11$ SOUTH ANDREWS AVENUE Orlando, Florida 32853-0065 FORT LAUDERDALE FL 33301 CovERAGEs THAT IS TOCIA Tit YITA1' I' HE ACAEEMENTBELOWHAS MEN IS4RU IU INE UESIUNAr EOMEMBERFORTMCWERAC£ PERIODINDICATEO NOTWnHeIANORYU ANr XEWWEMr,NT. TERM OR CONDITIONCIF ANY CONTRACT OR OrHLX UCCUVdNT MATH RESPECT I ON ACTI 1NIa CEXTffMATE MAV SE ISSUED OR MAY PERTAIN, THE i0VFRAGF AlFOrinFn BY THE AOREFMENT BESCR,BED HEREIN IS SUBJECT TO &I. THE TERMS. EXCLUSIONS MID COMA TONS CF SUCH AURLEMENI COVERAGE PROVIDED BY FLORIDA MUNICIPAL INSURANCE TRUST AGREEMENT NUMBER: FMIT 0584 COVERAGE PERDU: FROM 101110 COVERAGE PERIOD: TO 1011111 12.01 AM STANDARD TIME TYPE OF COVERAGE - LIABILITY TYPE OF COVERAGE - PROPERTY DR. w=Perez General Liability Alexander. c=U ❑ Buildings ❑ Mlsoelled AuUS o=Rlsk ❑ BaslC Fonn ❑Inland Marine ^ ® Canprahansrvo Genorel l.isDilRy. Botlily'- "' ^' {hggmgMAnl. Personal Injury - ou=Bmward ❑ Special Form ❑ Eieclmnlc Code Prmossing r,,,, County, N Errors and Omissions Lower '' onnait=Pidexands❑ Personal Property ❑ Bond N supplemental Employment Pracine igibrawardIng Date. 2010.10.1 ❑ BARN: Farm ❑ N Employee Benefits Program AdmmisVeuon UWARy 11.10:05-04'00' ❑ Spxml Form ® Medical AllendanWhilemcal Directors faapraCtim Liabdy, ❑ Agreed Amount ® Broad form Property Damage ❑ Deduchbta WA ❑ Law Enfo ermand Wind, ❑ Colnawence N/A ® Underground EyNesien a CWlupse H..,d ❑ Blorket ❑ Specific Limps of Liability ❑ Roplaceirm nl Cast - Combined Single LIMA ❑ Actual Cash Valw DodNCIlble Sluptoss 925.000 Limits of Liability on File with Administrator Aldamobfts Liability TYPE OF COVERAGE- WORKERS' COMPENSATION ® All owned Autos iPTNale Passenger) ® All owned Autos GRAN Ihan Private Passenger) Hired Auhu ❑ Statutory works*, Canpensatien ® Non -Owned AiAos ❑ Employers LITARMY $1,000,000 FACT) Accdenl $1.000.000 By Disease $1,01)(1.000 Aggregate By Disease Limits of Liability - ❑ De lwlRRe NIA Combined Skgd Lend DeducliDM Sloploss $25 D00 ❑ AutomoblldEgWpment- Deductible N Physical Damage Par Schedule- Compieheniive- Mt. Par SLIAH e-Collision-Auto WA- Miscellaneous Eglapmend Other The Ind of Ilabday is $100,000 Bodily Injury ardor Prole dy Damage per person or $2000M Bodily Injury, fanwor Property Damage par accunence These specific limns al liability are Inaeesed to $2.000.000 (combine single limit) our occurrence, solely for any liability resulting from Entry of a calms bill pursuant to tiectw ;6828 (5) Wide Statutes or Pablllly'seNkNnent far which no Claims bill lies been fled a liability unposed pursuant to Federal Law or actions Outside are State of Fbdda. Dinampeon of OpoFMlonslLOealionsIVehiciostSpecial Items RE. ire lmot Agreement for Public'Iranspatadwi Serviws (BUM Shuttle). The Cemacals Holler B hereby added as edditi anal insured, as respects the memhers Iiabikry regarding the above descnbed Item. THM CERTIFICATE Ia SSUED ASA MATTER OF INFORMATION ONLY AM CONFERS NO RmNTB UPON THE CERTIFICATF AGNA TAM CEWIFICATF, DOES NOT AMEND, EXTEND OR ALTER THE COAERAOE AFFORDED DY TIIE AGREEMENT ADUVE. pFBgMATEO MEMBER CANCELLATIONS SHOULD ANY PART OF THE ABOVE DESCRiBEDAGREEMENT BE CANCELLED DEFORE THE EXPIRATION DATE THIEREOF, IHE IOWNGCONPMY WILL ENDEAVDR TO MAN NB DAYS CITY OF TAMARAC WRITTEN ROME TO THE CERTIFICATE ALI NAMEn NBOVE, BUT FAA ME TO MAIL SUCH NOTILL SHALL MFtibE NOOBJGATICN CAR LAWOTTY a ANY dNo UPON THE 7525 NW 88TH AVENUE PROGRAM. ITS AGENTS OR REPRESFNTATVES TAMARAC FL 33321 2401 AUTAIMUED REPRESENTATIVE "'IT.ER, IAI/IIfoI