CITY OF NORTH LAUDERDALE

PARKS AND RECREATION DEPARTMENT

 

TO:                 Mayor and City Commission

 

FROM:           Richard D. Sala, City Manager

 

BY:                  Michael Sargis, Parks and Recreation Director

 

DATE:            April 28, 2009

 

SUBJECT:     4th  Amendment – Extension of Public Transportation Services Interlocal Agreement (ILA) between Broward County and the City of North Lauderdale for the operation of City’s Community Shuttle Program.

 

As part of the budget reduction plan imposed by Broward County, the City was forced to make major changes to the City’s Community Shuttle Bus program.  As a result, effective October 1, 2008, the City had to eliminate the west route of our community shuttle program as the County took away the funding and the bus for this route.

 

Additionally, the County issued the 2nd Amendment to the Shuttle agreement on September 25, 2008, which maintained the $20 per hour funding from the County for the City’s East route only.  The total cost of the operation is $32 per hour so the City pays $12 per hour to offset the cost of the program.  The 2nd Amendment to the Inter-Local Agreement also extended the operation until January 31, 2009.

 

In January of this year the Commission entered into the 3rd Amendment to the ILA which extended the operation until April 29th, 2009.  During this time the County’s plan was to work with the Cities that offer the shuttle system on a Comprehensive Fare System and issue 4th amendment to the ILA with participating Cities including North Lauderdale. Representatives from the City’s Parks and Recreation Department participated in the Comprehensive Fare System meeting.

 

Attached is the 4th Amendment of the ILA which extends the Shuttle Program from April 30th, 2009 to September 30th, 2009.  The 4th Amendment preserves the County’s hourly contribution of $20 per hour.

 

Due to additional County Budget cuts anticipated for the 2009/2010 budget year, the County held a series of meetings with the Cities that operate shuttle systems on how to proceed with the program.  The meetings revolved around 3 options:

1.      County establishes a uniform fare and take a percentage of the fare for their operations.

2.      County sells sponsorships for the Shuttle Buses.

3.      County reduces the $20 per hour operating fee

 

The County Transit Department recently notified the City that the County will be reducing their hourly contribution from $20 per hour to $15 per hour – that’s a reduction of approximately $15,000.00 funding for us per year.  In order for the City to continue with the shuttle program for the 2009-2010 budget year, the City will need to make up the difference of approximately $11,000, which will increase our yearly contribution to approximately $48,000.00.

 

While this increase will be reviewed and discussed during the City’s budget process, tonight we are seeking the Commission’s authorization to proceed with the 4th Amendment to continue the service through September, 30th 2009.

 

RECOMMENDATION:

 

The City Administration recommends Commission’s consideration and approval of the attached resolution authorizing the City Manager to enter into the 4th Amendment of Public Transportation Services Interlocal Agreement between Broward County and the City of North Lauderdale to extend the operation of City’s Community Shuttle Program until September 30, 2009.

 

RESOLUTION NO. ______________________

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER, TO ENTER INTO THE 4th AMENDMENT TO THE AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF NORTH LAUDERDALE FOR PUBLIC TRANSPORTATION SERVICES; PROVIDING FOR FUNDING; AND PROVIDING AN EFFECTIVE DATE.

 

BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA:

 

Section 1:        City of North Lauderdale currently participates in the Broward County Community Shuttle Program.

 

Section 2:        That the City Commission recently authorized the City Manager, to enter into an extension with Limousines of South Florida for 1-year for the operation of the City’s Community Shuttle Bus System

 

Section 3:        The funding for the agreement is located with the North Lauderdale Parks and Recreation Department’s Transportation Division Budget 001-7077 for Fiscal Year 08/09

 

Section 4:        The contract shall be effective April 29th, 2009 thru September 30th, 2009.

 

Section 5:        That this Resolution shall take effect immediately upon adoption.

 

PASSED and ADOPTED by the City Commission of the City of North Lauderdale, Florida this 28th day of April, 2009.

 

 

APPROVED AS TO FORM:

 

 

__________________________________

CITY ATTORNEY SAMUEL S. GOREN

 

                                                                        ____________________________________

                                                                        MAYOR JACK BRADY

 

                                                                        ____________________________________

                                                                        VICE MAYOR JOHN R. CANGEMI

ATTEST:

 

__________________________________________

INTERIM CITY CLERK PATRICIA VANCHERI

FOURTH AMENDMENT

 

to

 

AGREEMENT

 

between

 

BROWARD COUNTY

 

and

 

CITY OF NORTH LAUDERDALE

 

for

 

PUBLIC TRANSPORTATION SERVICES

 

 

 

 

            This is a Fourth 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 NORTH LAUDERDALE, 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 to Public Transportation Agreement on April 7, 2004; and

 

WHEREAS, the parties entered into a Second Amendment to Public Transportation Agreement on September 30, 2008, which extended the termination date of the Agreement until January 29, 2009, and eliminated Route "West," effective October 30, 2008; and

 

            WHEREAS, the parties entered into a Third 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 April 29, 2009. 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)

 

IN WITNESS WHEREOF, the parties have made and executed this Fourth 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 ____ day of __________, 2009, and CITY OF NORTH LAUDERDALE, signing by and through its ____________, duly authorized to execute same.

 

 

COUNTY:

 

                                                           

ATTEST:                                                        BROWARD COUNTY, through its

                                                                        BOARD OF COUNTY COMMISSIONERS

 

________________________                 

By_____________________________

County Administrator and                                        County Administrator

Ex-Officio Clerk of the Board

of County Commissioners of

Broward County, Florida                              ___ day of ____________, 20_______.

 

 

 

 

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

                                                                                    Telecopier:  (954) 357-6968

 

 

                                                                                    By ____________________________

                                                                                                Sharon V. Thorsen

                                                                                                Senior Assistant County Attorney

 

 

 

 

FOURTH AMENDMENT TO AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF NORTH LAUDERDALE FOR PUBLIC TRANSPORTATION SERVICES

 

 

CITY:

 

ATTEST:                                                                     CITY OF NORTH LAUDERDALE

 

 

 

_______________________                                      By_____________________________

City Clerk

 

 

                                                                                    _____ day of ___________, 20______.

APPROVED AS TO FORM:

 

 

 

_________________________

City Attorney

 

 

STATE OF FLORIDA   )

                                      )

County of Broward       )

 

            The foregoing instrument was acknowledged before me, the undersigned notary public in and for the state of Florida, on this the ____ day of ___________________, 2009, by __________________ and __________________________, the Mayor and City Clerk, respectively.

 

                                                                        _____________________________

                                                                                    Notary Public

 

 

 

 

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