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HomeMy WebLinkAboutCity of Tamarac Resolution R-2009-015Temp. Reso. #11555 - January 7, 2009 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2009 - I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE SECOND 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 has been identified by the City as a priority; and WHEREAS, on August 27, 2003, the City of Tamarac and Broward County entered into a three-year Agreement for Public Transportation Services, 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 initially expired on September 30, 2008; and WHEREAS, on September 24, 2008, the Tamarac City Commission approved Resolution No. R-2008-140 approving Amendment 1 to the Agreement for Public Transportation Services, extending the Agreement until January 29, 2009, provided the minimum levels of ridership were met, said Amendment on file and available for review in the Office of the City Clerk; and 1 Temp. Reso. #11555 - January 7, 2009 Page 2 WHEREAS, the parties now desire to extend the expiration date of the current Agreement until April 29, 2009, to allow Broward County to work with participating municipalities to develop a comprehensive fare system for Public Transportation Services; FM WHEREAS, it is the recommendation of the Director of Parks and Recreation and City Manager that the appropriate City Officials execute the Second Amendment to the Agreement between Broward County and the City of Tamarac for Public Transportation Services, extending the expiration date of the current Agreement until April 29, 2009; 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 Second Amendment to the Agreement between Broward County and the City of Tamarac for Public Transportation Services extending the expiration date of the current Agreement until April 29, 2009. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: 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. SECTION 2: That the appropriate City Officials are hereby authorized to execute the Second Amendment to the Agreement between Broward County and the City of Tamarac for Public Transportation Services extending the expiration date of the current Agreement until April 29, 2009, attached as "Exhibit 1" and incorporated herein and made a specific part hereof. 1 1 Temp. Reso. #11555 - January 7, 2009 Page 3 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. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this) day of'TA*(A ., 2009. ATTEST: MARION S ENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. S L $. OREN ITY ATTORNEY BET FLANSBAUM-TA ABISCO MAYOR RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO L -dam DIST 1: COMM BUSHNELL DIST 2: VM ATKINS-GRAD DIST 3: COMM. GLASSER DIST 4: COMM. DRESSLERf' Temp. Reso. #11555 — Exhibit 1 SECOND AMENDMENT to AGREEMENT between BROWARD COUNTY and CITY OF TAMARAC for PUBLIC TRANSPORTATION SERVICES SECOND AMENDMENT to AGREEMENT between BROWARD COUNTY and CITY OF TAMARAC for PUBLIC TRANSPORTATION SERVICES This is a Second 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 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 which extended the termination date of the Agreement until January 29, 2009; and WHEREAS, the Agreement and the First Amendment 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 municipalities to develop a comprehensive fare system for Public Transportation Services; NOW, THEREFORE, 1 In consideration of the mutual terms, conditions, promises, covenants, and payments hereinafter set forth, COUNTY and CITY agree as follows: 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 januaFy 29, 2009 April 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. 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) 2 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 County Administrator or designee, authorized to execute same by Board action on the 6th day of January, 2009, and CITY OF TAMARAC, signing by and through its , duly authorized to execute same. riTil■1kiNMA ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS ...B _ Y w-County Administrator s. J day of 20_. tl. t a Approved as to Insuraii,,���,��cgot j 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 3 SECOND AMENDMENT TO AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR PUBLIC TRANSPORTATION SERVICES ATTEST: r Wt Lk 0�1— CL��' L�1/ Marion Swenson, CMC City CAerk. APPROVED AS TO FORM: STATE OF FLORIDA ) County of Broward ) CITY: CITY OF TAMARAC By Beth Flansbaum-Talabisco, Mayor r- By �m /"� Gl��ri Jeffr . ! iller, City Manager day o01' - L'6c�t ,20 01 The foregoing instrument was acknowledged before me, the undersigned notary public in and for the state of Florida, on thi the � day of �A /'A ei-1 64, , 2009, by 1-?-o w — and the Mayor City Manager, respectively. )a / Notary Public sv r:slw 01 /06/09 g:\d i v\agree\2009TAMARAC.doc 08-114.13 NOTARY PUBLIC -STATE OF FLORIDA Tina M. Wheatley Commission #DD581925 Expires: AITG. 06, 2010 BONDE[) TIIRU ATLA.'-M BONDING CO„ INC. Il CERTIFICATE OF COVERAGE Certificate Holder Administrator Issue Date 10/07/08 ATTN JUDITH MAME-DURAND Florida League of Cities, Inc. BROWARD COUNTY BOARD OF COUNTY Public Risk Services COMMISSIONERS P.O. Box 530065 BROWARD COUNTY MASS TRANSIT Orlando, Florida 32853-0065 3201 WEST COPANS ROAD POMPANO BEACH FL 33069 COVERAGES THIS IS TO CERTIFY THAT THE AGREEMENT BELOW HAS BEEN ISSUED TO THE DESIGNATED MEMBER FOR THE COVERAGE PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE COVERAGE AFFORDED BY THE AGREEMENT DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH AGREEMENT. COVERAGE PROVIDED BY: FLORIDA MUNICIPAL INSURANCE TRUST AGREEMENT NUMBER: FMIT 0584 COVERAGE PERIOD: FROM 10/1/08 COVERAGE PERIOD., TO 10/1/09 12:01 AM STANDARD TIME TYPE OF COVERAGE - LIABILITY TYPE OF COVERAGE - PROPERTY General Liability ❑ Buildings ❑ Miscelaneous ® Comprehensive General Liability, Bodily Injury, Property Damage and ❑ Basic Form ❑ Inland Marine Personal Injury ❑ Special Form ©Electronic Data Processing ® Errors and Omissions Liability ❑ Personal Property ❑ Bond ® Supplemental Employment Practice ❑ Basic Form ❑ ® Employee Benefits Program Administration Liability ❑ Special Form ® Medical Attendants'/Medical Directors' Malpractice Liability ❑ Agreed Amount ® Broad Form Property Damage ❑ Deductible N/A ❑ Law Enforcement Liability ❑ Coinsurance N/A ® Underground, Explosion & Collapse Hazard ❑ Blanket ❑ Specific Limits of Liability l * ❑ Replacement Cost Combined Single Limit I ❑ Actual Cash Value Deductible Stoploss $25,000 II Automobile Liability /. Limits of Liability an File with Administrator mv"i:RF1'S.YYti ® All owned Autos (Private Passenger)j�`¢"T (Cjn ® All owned Autos (Other than Private Pass g own Me'1'ilGr, MPA TYPE OF COVERAGE - WORKERS' COMPENSATION i* Insurance and ® Hired Autos / on1rac1s McIt1Lager El Statutory Workers' Compensation ® Non -Owned Autos L/ ❑ Employers Liability $1,000,000 Each Accident $1,000,000 By Disease Limits Of Liability $1,000,000 Aggregate By Disease " Combined Single Limit ❑ Deductible N/A Deductible Stoploss $25,000 ❑ Automobile/Equipment — Deductible ® Physical Damage Per Schedule - Comprehensive - Auto Per Schedule - Collision • Auto N/A - Miscellaneous Equipment Other The limit of liability is 5100,000 Bodily Injury and/or Property Damage per person or $200,000 Bodily Injury and/or Property Damage per occurrence. These specific limits of liability are increased to $2,000,000 (combined single limit) per occurrence, solely for any liability resulting from entry of a claims bill pursuant to Section 768.28 (5) Florida Statutes or liability imposed pursuant to Federal Law or actions outside the State of Florida, Description of Operadons/LOcadonsIVehicles/Specie! Items RE: InterlOCal Agreement for Public Transportation Services (Bus Shuttle). The Certificate Holder is hereby added as additional insured, as respects the member's liability regarding the above described item. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE AGREEMENT ABOVE. DESIONA TIED MEMBER CANCELLATIONS SHOULD ANY PART OF THE ABOVE DESCR19LD AGREEMENT BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL, 45 DAYS CITY OF TAMARAC WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED ABOVE, BUT FAILURE TO MAIL SUCH NOTICE 5HALI.. IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE 7525 NW 88TH AVENUE PROGRAM, ITS AGENTS OR REPRESENTATIVES. TAMARAC FL 33321 2401 AUIHORIZED REPRFSFN'I'A7'IVE