HomeMy WebLinkAboutCity of Tamarac Resolution R-2009-063Temp. Reso. #11607 - April 16, 2009
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2009 - 6 3
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE THE THIRD
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, said
Amendment on file and available for review in the Office of the City Clerk; and
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Temp. Reso. #11607 - April 16, 2009
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WHEREAS, on January 28, 2009, the Tamarac
City
Commission
approved
Resolution No. R-2009-15 approving Amendment 2 to
the
Agreement
for Public
Transportation Services, extending the Agreement until April 29, 2009, said Amendment on
file and available for review in the Office of the City Clerk; and
WHEREAS, the parties now desire to extend the expiration date of the current
Agreement until September 30, 2009, provided the minimum levels of ridership are met;
and
WHEREAS, it is the recommendation of the Director of Parks and Recreation and
City Manager that the appropriate City Officials execute the Third 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 September 30, 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 Third
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
September 30, 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.
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Temp. Reso. #11607 - April 16, 2009
Page 3
SECTION 2: That the appropriate City Officials are hereby authorized to execute the
Third 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
September 30, 2009, attached as "Exhibit 1" and incorporated herein and made a specific
part hereof. The City Commission further delegates the authority to the City Manager to
approve future Amendments to the Agreement between Broward County and the City of
Tamarac for Public Transportation Services.
SECTION 3: All resolutions or parts of resolutions in conflict herewith a -re 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.
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Temp. Reso. #11607 - April 16, 2009
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SECTION 5: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED thisd4 day of`� , 2009.
BETH FLANSBAUM-TA ABISCO
MAYOR
ATTEST:
RECORD OF COMMISSION VOTE:
MARION'SW NSON, CMC MAYOR FLANSBAUM-TALABISCO
CITY CLERK DIST 1: COMM BUSHNELL
DIST 2: VM ATKINS-GRAD L
DIST 3: COMM GLASSER
DIST 4: COMM. DRESSLER
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
j
SA UEL S. GOREN
CITY ATTORNEY
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Temp. Reso. #11607 - Exhibit 1
THIRD AMENDMENT
to
AGREEMENT
between
BROWARD COUNTY
and
CITY OF TAMARAC
for
PUBLIC TRANSPORTATION SERVICES
THIRD AMENDMENT
to
AGREEMENT
between
BROWARD COUNTY
and
CITY OF TAMARAC
for
PUBLIC TRANSPORTATION SERVICES
This is a Third 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 parties entered into a Second Amendment which extended the
termination date of the Agreement until April 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 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 Aprir 9, 2v;Td� 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 Third
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 Co�u�nt Administrator or designee,
authorized to execute same by Board action on the !` "Aay of , 2009, and
CITY OF TAMARAC, signing by and through itsuly authorized to
execute same.
ATTEST:
No x
a; � .F4PdFFP
m �
L
Approved as to Insurance
Requirements by Risk
Management,pivision
am
COUNTY:
BROWARD COUNTY, through its
BARD OF COUNTY COMMISSIONERS
y ) I049
ounty Administrator
day of 20y�` _
Approved as to form by
Office of County Attorney
Broward County, Florida
JEFFREY J. NEWTON, County Attorney
Governmental Center, Room 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-6968
By
S aron V. Thorsen
Senior Assistant County Attorney
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THIRD AMENDMENT TO AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF
TAMARAC FOR PUBLIC TRANSPORTATION SERVICES
ATTEST:
- Maidr wenson, CMC
City;"0I6k
APPROVED AS TO FORM:
am S. Goren
City Attorney
STATE OF FLORIDA )
County of Broward )
CITY:
CITY OF TAMARAC
By
Beth F ansbaum-Talabisco, Mayor
By �4wz:��
Jeffrey L. Miller, City Manager
2:7 day of /IA!V 20le
The foregoing instrument was acknowledged before me, the undersigned notary public in
and for the state of Florida, on this the day of 1 2009, by
-3,e±hLja,6isGo and � t p iSQn�, the Mayor and City Clerk,
respectively.
NOTARY PUBLIC -STATE OF FLORIDA
" Tina M. Wheatley Notary Public
.'0Commission # DD581925
_'.'1_Fxpires: AUG. 06, 2010
BONDED THRU ATLAMTC BONDING CO., INC.
svT:slw
04/14/09
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08-114.13
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