Title
Dept/ Agency: Administration/Office of Business Administrator
Action: ( ) Ratifying (X) Authorizing ( X ) Amending
Type of Service: Second Amendment to the Interlocal Agreement, Resolution 7R1-a(s) 042710
Purpose: Amending Interlocal Agreement with the Parking Authority of the City of Newark transferring all towing duties and responsibilities back to the City of Newark.
Entity Name: Parking Authority of the City of Newark
Contract Basis: ( ) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( X ) n/a
List of Property: (if applicable)
(Address/Block/Lot/Ward)
Additional Information:
7R1-be 080608, 7R1-a(s) 042710
body
WHEREAS, Resolution 7R1-be adopted on August 6, 2008, authorized the Business Administrator of the City of Newark to enter into and execute an Interlocal Agreement with the Parking Authority of the City of Newark, in order for the Authority to appropriate parking powers and authority and obtain rights and interest in existing parking assets that were owned and controlled by the City; and
WHEREAS, the Interlocal Agreement enabled the Authority to either directly or indirectly, provide towing services, storage and impound facilities; and
WHEREAS, Resolution 7R1-a(s) adopted on April 27, 2010, authorized an amendment to the Interlocal Agreement related to parking meters and revenue sharing; and
WHEREAS, consistent with N.J.S.A. 40A:1-1, et seq. and the terms of the Interlocal Agreement, the Parties now seek to amend the Interlocal Agreement to transfer all towing related duties and responsibilities back to the City.
NOW THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
- The Mayor and/or his designee the Business Administrator, are authorized and shall execute on behalf of the City of Newark, the Second Amendment to the Interlocal Agreement with the Parking Authority of the City of Newark in the form attached and described in this resolution.
- The Table of Contents, Section 406, listing Operation of Towing and Vehicle Storage Facility shall be replaced with the listing Intentionally Left Blank.
- Article 1, Definition Parking Enforcement Officer, section (iii) is revised to delete the following: and collect from the owner such vehicle the costs of the towing and subsequent storage of said vehicles before surrendering said vehicles to such owner in accordance with N.J.S.A. 40:11A-22(3)(d) and N.J.S.A. 40:11A-22.1; and replaced with a . after the word violation.
- Article 1, Definition Parking System, section (i) is revised to delete and the provision, either directly or indirectly, of motor vehicle towing services and storage and impound facilities,; and replaced with ; after the word ticketing.
- Article 1, Definition Parking System Revenues, section (b) is revised to delete Towing Service Fees; and is replaced with Intentionally Left Blank.
- Article 1, Definition 'Towing Service Fees' shall mean the fees derived by the Authority from the operation and monitoring of the towing services and storage impound facilities. is deleted in its entirety.
- Section 205, Titled Due Diligence: Good Faith Assistance, section (d) only is deleted in its entirety.
- Section 401, Titled Generally shall be revised to delete the following: ; provided, however, that the Authority's assumption of the towing enforcement operation shall be subject to the identification, environmental testing, if applicable, and securing of a site upon which to operate the vehicle storage and impound facility. and replaced with a ..
- Section 406, Titled Operation of Towing and Vehicle Storage Facility of the Interlocal Agreement is deleted in its entirety. It shall be amended to read: Section 406. Intentionally Left Blank
- Section 505, Titled Other City Cooperation shall be revised to delete the following: In order for the Authority to maximize the operations, efficiency and financial benefits and enhance the financial integrity of the Parking System, the City hereby agrees that it will use its best efforts to assist the Authority in connection with negotiations to acquire by lease, purchase or otherwise, the following interests in real property; (a) site to accommodate a motor vehicle impound facility necessary for the Authority to fully implement the towing services component of the Parking System. In addition to the aforesaid, and shall commence with the word The and the remaining part of that sentence shall remain.
- All provisions in the Agreement in conflict with this Second Amended Agreement are hereby changed to conform to this Second Amended Agreement.
- All provisions not in conflict with this Second Amended Agreement are still in effect and are to be performed pursuant to the terms and conditions stated in the Interlocal Agreement.
- The fully executed Second Amendment to the Interlocal Agreement shall be filed with the Office of the City Clerk by the Business Administrator.
STATEMENT
This Resolution authorizes the Mayor and/or his designee the Business Administrator, to enter into and execute the Second Amendment to the Interlocal Agreement with the Parking Authority for the City of Newark, transferring all towing duties and responsibilities back to the City of Newark.