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Home My WebLink AboutCity of Tamarac Resolution R-2008-140Temp. Reso. #11485 - September 15, 2008 Page 1 Rev. 1 — 9/15/08 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2008 - 1W 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 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 shall expire on September 30, 2008; and WHEREAS, Broward County's minimum ridership levels for the Public Transportation Agreements for Fiscal Year 2009 have increased to 7.1 passengers per revenue hour; and WHEREAS, the parties desire to extend the expiration date of the current Agreement until January 29, 2009, provided the minimum ridership levels continue to be met; and Temp. Reso. #11485 - September 15, 2008 Page 2 Rev. 1 — 9/15/08 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 which provides that the City shall maintain a minimum average of 7.1 passengers per service hour per vehicle operated by the City, and extending the expiration date of the current Agreement until January 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 First Amendment to the Agreement between Broward County and the City of Tamarac for Public Transportation Services which provides that the City shall maintain a minimum average of 7.1 passengers per service hour per vehicle operated by the City, and extending the expiration date of the current Agreement until January 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 First Amendment to the Agreement between Broward County and the City of Tamarac for Public Transportation Services, which provides that the City shall maintain a minimum average of 7.1 passengers per service hour per vehicle operated by the City, and extending the expiration date of the current Agreement until January 29, 2009, attached hereto as "Exhibit 1". 1 1 Temp. Reso. #11485 - September 15, 2008 Page 3 Rev. 1 — 9/15/08 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 thisd0ay of , 2008. zy*� ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. I M L REN CIT ATTORNEY RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISC G4� DIST 1: COMM PORTNER DIST 2: COMM ATKINS-G D DIST 3: V/M SULTANOF DIST 4: COMM. DRESSLER i,ll OCT 10 AN iQ 32 BARD ` _ C U N T'f RECEIVED }lit' OF TARARA,C, (;!TY E BROWARD COUNTY TRANSPORTATION DEPARTMENT —Service Development 1100 Park Central Boulevard, Suite 3500• Pompano Beach, Florida 33064 954-357-8340 • FAX 954-978-1189 To: Community Bus Partners From: Judith Mame-Durand, Contract/Grants Administrator Date: October 8, 2008 RE: Community Bus Amendments for Public Transportation Services Enclosed is a copy of one (1) fully executed original Interlocal Agreement for Public Transportation Services. Please call me if you have questions or concerns regarding this amendment. Sincerely, %t'w-Vaat wd Judith Mame-Durand Contract/Grants Administrator /jmd Enclosure (s) Broward County Board of County Comm ssioners Josephus Eggellelion, Jr. - Sue Gunzburger - Kristin D. Jacobs - Ken Keechl • Ilene Lieberman • Stacy Ritter • John E. Rodstrom, Jr. - Diana Wasserman -Rubin • Lois Wexler www.broward.org Temp. Reso. #11485 — Exhibit 1 FIRST AMENDMENT to AGREEMENT between BROWARD COUNTY and CITY OF TAMARAC for PUBLIC TRANSPORTATION SERVICES FIRST AMENDMENT to AGREEMENT between BROWARD COUNTY and CITY OF TAMARAC for PUBLIC TRANSPORTATION SERVICES 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 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, which shall expire on September 30, 2008; and WHEREAS, COUNTY's minimum ridership levels for the Public Transportation Agreements for Fiscal Year 2009 have increased to 7.1 passengers per revenue hour; and WHEREAS, the parties desire to extend the termination date of the current agreement until January 29, 2009; provided the minimum ridership levels continue to be met by CITY; NOW, THEREFORE, 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 Section 2.1.4 is hereby amended to read as follows: 2.1.4 CITY shall maintain a minimum average of 7.1 Dassengers Der revenue service hour per vehicle aerated by CITY during the term of this Amendment. rna rit ..Murfl average of five (6) passengers per revenue seFvlee hour per vehiele epeFated by the GITY. In the event that CITY does not maintain such minimum average of passengers during the term.. of this Amendment, at the GITY-s, GOUNTY shall assist GIT .1-th in Fmxh'blt and agreed between the maintain a rninimum average ef five (6) passengers Per revenue servi COUNTY to may immediately terminate the same in accordance with the terms hereof and shall entitle COUNTY to pursue any and all other remedies provided under this Agreement or any remedies available to COUNTY at law or in equity. However, the peFferrnanee standaFd/requirements of this Seetion may be waived, with WFifteR approval of the Gentraet Administrator, if BGT-s fixed reut. is 3. 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 September 30, 2006; may be eXt.eRded for up to two (2) additienal GRe (1) year peFie upon WFI#eR approval ef the GontraGt AdMiRistrator, 90 days prier te the . January 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. 4. 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 First Amendment to the Public Transportation Services Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing to execute same by Board TAMARAC, signing by and same. ATTEST: County Administrator and Ex-Officio Clerk of the Board of County Commissioners of Broward County, Florida Approved as to Insurance Requirements by Risk Management Division by and through its Interim County Administrator, authorized action on the 9th day of September, 2008, and CITY OF through its COUNTY: duly authorized to execute BROWARD COUNTY, through its BOAR F OUNTY COMMISSIONERS By --- Interim County Administrator 36 day of crz�ye3, 20 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 Teleco ier: (954) 357-6968 By S ` n V. Thorsen Senior Assistant County Attorney 3 FIRST AMENDMENT TO AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR PUBLIC TRANSPORTATION SERVICES ATTEST: Marion Swe sn ori, CMC, City Clerk APPROVED AS TO FORM: STATE OF FLORIDA ) County County of Broward CITY: CITY OF TAMARAC 727 RA ii 200T , 'T /-. /I WE , 1, " - 7 rx �- day o,20 By 17 Jeffa L. Miller, City Manager day of ,20 OS -- . The foregoing instrument was acknowledge before , the_ undersigned notary public in and for the state of Florida, on this the ,� day of h e 2008, by and ay' i� ' �. t e Mayor and City Manager, respectively. Notary Public LILLIAN PABON Conxnission DD 734396 - : eExPIrWid ss December 12, 2011 10YF InturenaeW"W7Mg SUT:slw 09/10/08 08/20/08 g:\div\agree\2008revisedTAMARAC.doc 08-114.13 Il Island Rd. Dr, m NW 64 Ave. 0 c' CO K -1P 0 11.1.1 Mll I Westwood Blvd, M, NW 84 Ave. NW Ave, ®� � N UnIve niveraltv. 1z ., D r. Dr. MIz NW ".. JG'Av- b. Ave, NW 84 Ave. SW 81 Ave. a NW 61 ox, p ,VA G) ke SR 71US 441 k-MA Rock Island Rd. ILD M 0 -_-_q CD 0 fu CL CL 0 -41 Now 0 2.�z CIO M Cn 0 CD C VEOL CD CIP 0 CD �m CERTIFICATE OF COVERAGE Uertiticate Holder Administrator Issue Date C ATTN JUDITH MAME-DURAND BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS MASS TRANSIT 3201 WEST COPANS ROAD POMPANO BEACH FL 33069 Florida League of Cities, Inc, Public Risk Services P.O. Box 530065 Orlando, Florida 32853-0065 COVERAGES THIS I:; TO CERTIFY THAT 7HF AGREEMENT BLLOW HAS BFEN ISSUED TO THE DESIGNATED MF.MRER FOR THE COVERAGE PERIOD INDICATED NOTWI rHSTANDING ANY REQUIr TCHM OR CONDIT ION of ANY CON I RACT OR OTHER DUCUMGN T WITI I RESPECT TO WHICH THIS CFRTIFICATE MAY BE' ISSUED OR MAY PERTAIN, THE COVERACE AFFORDED BY AGRI=EVENT DESCRIBED HEREIN IS SUBJECI TO ALL THE TERMS, BXCLUtiIONS AND CONDI IONS OF SUCH AGREEMENT COVERAGE PROVIDED BY FLORIDA MUNICIPAL INSURANCE TRUST AGREEMENT NUMBER: EMIT 0584 I COVERAGE PERIOD: FROM 10/1;07 COVERAGE PERIOD: TO 10/1/08 12 01 AM STANDARD TIN TYPE OF COVERAGE - LIABILITY General Liability ® Comprehensive General Liability, Bodily Injury, Property Damage and Personal Injury ® Errors and Omissions Liability Supplemental Employment Practice ® Employee Benefits Program Administration Liability Medical Attendants'/Medical Directors' Malpractice Liability Broad Form Property Damage ❑ Law Enforcement Liability El Underground, Explosion & Collapse Hazard Limits of Liability " Combined Single Limit Deductible Stoploss $25,000 Autcmobih Liability ® All owned Autos (Private Passenger) All owned Autos (Other than Private Passenger) ® Hired Autos ® Non -Owned Autos Limits of Liability Combined Single Limit Deductible Stoploss $25,000 Automobile/Equipment — Deductible rYPE OF COVERAGE - PROPERIY ❑ Buildings ❑ Miscellaneous ❑ Basic Form ❑ Inland Marine ❑ Special Form ❑ Electronic Data Processi ❑ Personal Property ❑ Bond ❑ Basic Form ❑ ❑ Special Form ❑ Agreed Arnount ❑ Deductible N/A Approve ; ❑ Coinsurance NIA ElBlanket Risk Ma . ement pivisi n / own Mehler Risk ins urgnc Specific Requirements Ma a ❑ Replacement Cost ❑ Actual Cash Value Limits of Liability on File with Administrator TYPE OF COVERAGE - WORKERS' COMPENSATION ❑ Statutory Workers' Compensation ❑ Employers Liability $1,000,000 Each Accident $1,000,000 By Disease $1,000,000 Aggregate By Diseas ❑ Deductible N/A ❑ Physical Damage Per Schedule Comprehensive - Auto Per Schedule • Collision - Auto N/A - Miscellaneous Equipment Other The limit of liability is $100.000 Bodily Injury and/or Property Damage per person or $200,000 Bodily Injury and/or Property Damage per occurrence. Thes 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 S 768.28 (5) Florida Statutes or liability irnposed pursuant to Federal Law or actions outside the State of Florida. Description of Operations/LocationsNehicles/Special Items RE Interlocal Agreement for Public Transportation Services (Bus Shuttle). The Certificate Holder is hereby added as additional insured, as respects the rnember's 9cbi[ty 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 THE COVERAGE AFFORDED BY THE AGREEMENT ABOVE - DESIGNATED MEMBER CITY OF TAMARAC 7525 NW 88TH AVENUE TAMARAC FL 33321 2401 CANCELLATIONS SI IOUI.D ANY PART OF THE ABOVE DESCRIBED AGREFMENIT BE CANCI=LLFD RFFOr EXPIRATION DATE I HEREOF, THE 13SUING COMPANY WILL ENDEAVOR TO MAIL. 45 WRITTEN NO f ICE TO Till, CFRTIFICATE HOLDER NAMED ABOVE, BUT FAIT LIRE TO P NOTICE SHALL IMPOSF NO OBLIGATION OR LIABILI I Y OF ANY KIND UPON THE PRO, AGEN I S OR REPRESFNTATIVES. EXHIBIT "E" City of Tamarac Annual Operating Funding Community Bus Service- ($20.00/Hour) Buses Service Route Span of Service Frequency Daily Service Annual Funding Per Annual Funding Hours Days Revenue Hour 1 Mon -Wed -Fri Red 9:00a-4:55p 60 min 7.92 156 $20.00 $24,710.40 1 Tues-Thur Green 9:00a-4:55p 60 min 7.92 104 $20.00 $16,473.60 Total Annual Operating Funding $41,184.00 Capital Cost Funding Buses Cost Per Annual Funding Vehicle/Per Yr g 1 $12,000.00 $ 12,000.00 Total Capital Cost Funding $ 12,000.0U Total Mass Transit Annual Funding $53,184.00