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HomeMy WebLinkAboutR-2002-150 FULLY EXECUTED AGREEMENTFIRST 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 the 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," The CITY OF TAMARAC, a municipal corporation of the state of Florida, by and through the City of Tamarac Commission, hereinafter referred to as "CITY." WHEREAS, COUNTY and CITY entered into a Public Transportation Agreement leasing three (3) wheelchair accessible, passenger vehicle to be used in regular route service, dated September 26,2000; and WHEREAS, COUNTY and CITY desire to enter into this First Amendment providing financial assistance to CITY for one (1) additional vehicle; and IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, COUNTY and CITY agree to amend the Agreement as follows- 1. Each and every Whereas clause set forth is a true and correct recital and representation and is incorporated herein as if set forth fully. -1- 2. Article 2, SERVICES TO BE PROVIDED BY COUNTY, is hereby amended by adding the following section: 2.5 CAPITAL ASSISTANCE 2.5,1 In addition to the funds provided for in Section 4.1.COUNTY_agrees to pay CITY, Ten Thousand Dollars _($10,000.00) per vehicle, annually, a capital contribution to be used by CITY solely for the purpose of providing one 1 wheelchair accessible, passenger vehicle to be used in regular route service as set forth in Exhibit "A". Such vehicles shall com I with the Americans with Disabilities Act of 1990 and all applicable federal and state regulations. The capital contribution shall be paid to CITY in advance on a quarterly basis with the first capital contribution �$2,500.00 d_ue on the effective date hereof. 3. Article 4, FINANCIAL ASSISTANCE, is hereby amended to read as follows: 4.1 COUNTY agrees to pay CITY a flat fee of Five Thousand Dollars ($5,000.00), per vehicle leased pursuant to Section 2.2 upon execution of this Agreement for services rendered under this Agreement from the date of execution until December 31, 2000. Beginning January 1, 2001, COUNTY agrees to pay CITY, Twenty Dollars ($20.00) per hour, per vehicle leased pursuant to Section 2.2, in revenue service for the remaining term of the Agreement. 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. 4. The effective date of this First Amendment shall be on the date it is fully executed by both parties. 5. Except as otherwise specifically amended herein, the terms and conditions of the Agreement shall remain unchanged and in full force and effect and shall govern all rights and obligations of the parties. In the event of any conflict between the terms of this Amendment and the Agreement, the parties hereby agree that this document shall control. [INTENTIONALLY LEFT BLANK] IN WITNESS WHEREOF, the parties hereto have made and executed this First Amendment: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chair or Vice Chair, authorized to execute same by Board action on theday of 2002, and CITY OF TAMARAC, signing by and through its CITY Manager, duly authorized to execute same. ATTEST: Bro and County Administ a or, as Ex--officio Clerk of the Broward County Board of County Commissioners rni INTY BROWARD COUNTY, by and through its Board of County Commissioners 7.. Chair Approved as to form by Office of County Attorney EDWARD A. DION, County Attorney for Broward County, Florida Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-6968 YASMI GOVIN Assistant County Attorney FIRST AMENDMENT TO AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR PUBLIC TRANSPORTATION SERVICES CITY ATTEST: City Clerk Marion Swenson I HE CERTIFY thathave ap ov st le lega rOi/ A tto orr ttne , mih4�1 Kraft YYG-dmv H:\DATA\DIV4\AGREE\combus.tamAml.wpd 05/13/02 -4- CITY OF TAMARAC By J;oe Schreiber Mayor By Jeff Miller City Manager 31 This ...-)ill' day of_, 1, 2 No Text