R09-021
, , I
I RESOLUTION NO. R09- {J.}-/
2 I
3 I
4 A RESOLUTION OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA,
6 AUTHORIZING AND DIRECTING THE MAYOR
'"' AND CITY CLERK TO EXECUTE AN
I
8 INTERLOCAL AGREEMENT BETWEEN THE CITY
9 OF BOYNTON BEACH AND PALM BEACH
10 COUNTY, FLORIDA, PROVIDING FOR THE
11 LEASE OF FOUR (4) TRANSIT COACHES FOR A
12 FOUR (4) YEAR PERIOD; AND PROVIDING AN
13 EFFECTIVE DATE.
14
15
16 WHEREAS, on February 6, 2001, the parties entered into an Interlocal
17 Agreement under which the County leased to the City five (5) transit coaches purchased
18 through a United States Department of Transportation Federal Transit Administration
19 grant; and
20 WHEREAS, the City returned one of the previously leased coaches to the County
21 for disposal; and
22 WHEREAS, the County is willing to continue to lease the existing four (4)
23 coaches currently used by the City, which the City has agreed to operate on a continuous
24 basis during the term of this Agreement and to use the coaches only to provide public
25 transportation; and
26 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon
27 recommendation of staff, has deemed it to be in the best interests of the citizens and
28 residents of the City of Boynton Beach to enter into an Interlocal Agreement between the
29 City of Boynton Beach and Palm Beach County, Florida, said Agreement being attached
30 hereto as Exhibit "A".
31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
32 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
II I
I Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
2 as being true and correct and are hereby made a specific part of this Resolution upon
3 adoption hereof.
4 Section 2. The Mayor and City Clerk are hereby authorized to execute an
5 Interlocal Agreement between the City of Boynton Beach and Palm Beach County for the
6 City to lease four (4) transit coaches at the annual lease fee of Ten ($10.00) dollars per
7 year, for a four (4) year period that will expire on January 1, 2013. Said Interlocal
8 Agreement being attached hereto as Exhibit "A".
9 Section 3. That this Resolution shall become effective immediately upon
1 0 passage.
11 PASSED AND ADOPTED this A- day of February, 2009.
12
13 CITY OF BOYNTON BACH, FLORIDA
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15
16
17
18
~~ ~.a or-Jose
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22 Commiisioner - Ronald el
23 . ! .' ,VI'
24 ~G~?z~::~:...~t)A: "
25 Commissioner - Woodrow . ay
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28 Commissioner - Marlene Ross
29 ATTEST:
30
31
32 t M. Prainito, CMC
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INTERLOCAL AGREEMENT
BETWEEN
PALM BEACH COUNTY, FLORIDA
AND
THE CITY OF BOYNTON BEACH
R2009. OS 93 APR 0 7 2009
THIS INTERLOCAL AGREEMENT is made and entered into this _ day of
,2009, by and between Palm Beach County, Florida, a political subdivision of
the State of Florida, by and through its Board of County Commissioners (referred to
hereinafter as "County") and the City of Boynton Beach, a Florida municipal corporation, by
and through its City Commission (referred to hereinafter as "City").
WHEREAS, on February 6, 2001, the parties entered into that certain Interlocal
Agreement under which the County leased to the City five (5) transit coaches purchased by
County through a United States Department of Transportation Federal Transit
Administration grant; and
WHEWEAS, the City of Boynton Beach has returned one (1) of the previously
leased coaches to the County for disposal; and
WHEREAS, the City desires to enter into a new Interlocal Agreement (also referred
to herein as "Agreement") to continue the lease and to operate the remaining four (4)
coaches for an additional four (4) year period; and
WHEREAS, the County is willing to continue to lease the existing four (4) coaches
currently used by City; provided, that, the City operate, maintain and use the coaches in
accordance with the terms and conditions of this Agreement, the rules and regulations of
the Federal Transit Administration and the U. S. Department of Transportation Federal
Transit Administration Grant which provided the funds used by the County to procure the
vehicles; and
WHEREAS, the City has agreed to operate the four (4) vehicles on a continuous
basis during the term of this Agreement, and to use the coaches only to provide public
transportation services.
NOW, THEREFORE, in consideration of the foregoing and the other mutual
promises and covenants contained herein, the parties agree as follows:
Section 1. Incorporation of Facts: The facts set forth above in the preamble to
this Agreement are true and correct.
Section 2. Purpose: The purpose of this Agreement is to set forth the various
duties, rights, obligations and conditions of the agreement between the parties regarding
the lease, operation, maintenance and use of four (4) County-owned transit coaches.
Section 3. Representative: The County's representative during the performance of
this Agreement shall be the Executive Director of Palm Tran whose telephone number is
(561) 841-4200. The City's representative during the performance of this Agreement shall
be the City Manager, whose telephone number is (561) 742-6010.
Section 4. The Project: The County is the recipient of a grant, described in
Section 5 below (referred to herein as "Grant" or "Grant Agreement"), authorized under the
Federal Transit Act, as amended. The transit coaches leased hereunder are a part of the
"rolling stock" identified in the Grant application. The acquisition of the rolling stock was
funded, in part, through the Grant (No. FL-90-X386 Revised) described in this Agreement.
The use of the transit coaches leased hereunder is also referred to as the "Federal Project"
or "Project."
Section 5. Receipt of Grant Agreement: The City acknowledges receipt of a copy
of the United States of America Department of Transportation Federal Transit
Administration Grant Agreement FTA G-15, October 1,2008 incorporating the terms of the
Federal Transit Administration Master Agreement (FTA MA (15), October 1,2008). City
further acknowledges its receipt of all other award notifications from the FT A and/or the
United States Department of Labor (DOL) containing special conditions or requirements
applicable to the procurement, ownership, use, operation and maintenance of the vehicles.
City acknowledges that it shall fulfill the obligations of the County, the FT A grant recipient,
under the Grant as City's activities relate to the use, maintenance, operation or possession
of the transit coaches. City shall act in conformity with the requirements of the Grant, and
shall not take any act or fail to take any act which would cause the County to be in breach
of any of County's obligations under the Grant.
Section 6. Lease: County will continue to lease to City four (4) twenty-five foot (25')
EI Dorado transit coaches procured by County for the purposes described in this
Agreement for an additional four (4) year period. Said four (4) vehicles have been identified
by the parties, accepted by the City, and described on the form attached as Exhibit A to this
Interlocal Agreement. City will pay to County an annual lease fee of Ten Dollars ($10.00)
for all leased vehicles. The first payment shall be due immediately after the parties'
execution of this Agreement. Thereafter, all payments shall be due and payable to County
on or before the first day of each year of the remainder of the lease term. City will remit to
County over the term of the lease a total lease fee in the amount of Forty Dollars ($40.00).
Section 7. Use and Operation of Transit Coaches: The coaches shall be used
and operated solely for the benefit of the general public, and to provide public
transportation to the general public, on a non-exclusive basis. The vehicles shall be used
solely for fixed-route or other specialized transit service approved by County. None of the
transit coaches may be chartered or used in any type or form of charter service but may be
used for incidental transportation services for the City of Boynton Beach; provided, that,
such use does not interfere with the service approved by the County and is in compliance
with the rules and regulations of the Federal Transit Administration, State and Federal laws
and the Grant. The City shall operate and use the transit coaches by providing services on
certain Boynton Beach routes approved by the County's representative, as part of the
County's public transit system. The vehicles may be used for other public transit services
only if the City has obtained the prior written approval of the County's representative. The
coaches shall be operated within the City's geographic limits or such other areas, approved
by the County, so long as such areas are not outside of the County's geographic
boundaries. The City shall advise the County's representative of any proposed alterations
to the transit services, for which the transit coaches are utilized, including but not limited to
routing, mode(s) of operation, hours of service or headways. Alterations in service shall be
approved by the County's representative prior to implementation, in accordance with the
County's policy regarding changes to services. If a public hearing is required to implement
a service alteration or change in fare, then such can be implemented only after the Palm
Tran Service Board or County's Board of County Commissioners (BCC), as appropriate,
has concluded its public hearing process and approved the change.
Section 8. Title, Risk of Loss and Registration of Vehicles: Title to the transit
coaches is vested in the County and shall remain vested in County during the term of this
Agreement. County holds the title to the transit coaches in accordance with and subject to
all conditions and requirements of the Grant. City agrees to use, operate and maintain the
transit coaches in accordance with the terms, conditions and requirements of the Grant,
this Agreement, and all other FT A requirements applicable to their use. City shall bear all
risk of loss or damage to the transit coaches during the term of this Agreement, and upon
the Agreement's expiration or earlier termination, City shall continue to bear such risk until
the coaches have been returned to and accepted by County. County will register the motor
vehicles leased hereunder and will maintain such registrations during the term of this
Agreement. Each motor vehicle license plate will show that the holder of the registration
and license is the County. City shall conduct, at its sole expense, any inspections or tests
required for the renewal of any leased vehicle's motor vehicle registration. Notwithstanding
the County's obligations hereunder, no liability will accrue to County if County shall fail to
renew any registration in a timely manner.
Section 9. Encumbrances:
A. City shall provide and promptly pay for all labor, materials and equipment
necessary for the provision of the general public transportation services
described in Section 7. of this Agreement. City shall not grant any security
interest in the transit coaches to any person, transfer its interest in this lease
of the coaches, in whole or in part, to any other entity, nor shall it permit any
lien, claim, or other encumbrance to be filed against the transit coaches or
action to be taken against the County on account of any labor, service, good,
material, or equipment furnished or installed upon any transit coach leased
hereunder.
B. City shall not transfer, assign or sublease the vehicles nor allow any other
entity to use or operate the vehicles, without first obtaining the written
consent of the County. Moreover, County shall be made an intended third
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party beneficiary to any sublease, assignment, use agreement, or other
arrangement which grants or endeavor to grants, to any third party, a right to
use, operate, occupy, possess or enjoy the transit coaches. If City shall
enter into any type of arrangement with a third party, such arrangement shall
provide that the County has the right to compel the City to enforce any of the
City's rights under such arrangement, and the right to initiate any action, at
law or in equity, directly against any sublessee, subcontractor, assignee, or
any other party with an interest derived from or through the City's interests
hereunder.
C. In addition, City shall require any sublessee, assignee, user, operator,
and any other party to whom it gives permission to use, operate, occupy,
possess, or enjoy the transit coaches to subrogate any rights or interest they
may have in the transit coaches to the rights and interests of the County. No
third party shall acquire any rights in the vehicles which exceed those granted
to the City hereunder. The City represents and warrants to the County that it
shall furnish a copy of this Agreement and the Grant Agreement to any third
party to whom it conveys, attempts to conveyor grants any interest in or right
to use, operate, occupy, possess or enjoy the transit coaches.
D. City shall be responsible for and shall reimburse County for any and all
costs and expenses incurred by County relating, in any fashion, to the
enforcement of this provision. City shall not take any action which would
adversely affect County's interest in the transit coaches or make the County
liable to any other entity or third party.
Section 10. Repairs and Maintenance: The City is solely responsible for all
service, repairs and maintenance of the transit coaches and all equipment located thereon.
City shall maintain the transit coaches and equipment in accordance with the
manufacturer's mechanical operating and maintenance standards, and State and Federal
safety laws and regulations. All maintenance shall be performed in accordance with the
manufacturer's suggested maintenance schedule by appropriately certified or accredited
mechanics, at City's sole expense. Only parts (including tires) and equipment meeting the
manufacturer's specifications shall be installed on the transit coaches. City shall insure that
the transit coaches, and all transit stops, shelters and bus benches utilized by the coaches
and/or authorized or permitted by City are fully accessible to the disabled, and that all are
used, operated, equipped and maintained in conformance with the Americans with
Disability Act of 1990, as it may be amended from time to time, and all federal rules and
regulations implementing the Act.
Section 11. Operators: Each transit coach shall be operated only by safe, careful
and legally qualified drivers having a proper license. All drivers will have and maintain a
commercial driver's license and any other license or certification required by any law, rule
or regulation relating, in any manner, to the operation of the transit coaches. City shall
develop and implement a drug and alcohol testing program that is fully compliant with 49
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C.F.R. Parts, 40 and 655, as they may be amended from time to time, and all other rules,
regulations, and policies of the U.S. Department of Transportation, Federal Transit
Administration. All drivers shall be selected, employed, controlled and paid by the City, and
conclusively presumed to be the employees of the City. The parties agree that no liability
shall inure to County as a result of any act or omission of City or its drivers.
Section 12. Base Fare: The City may establish a base fare for the service provided
hereunder upon notice of such to the County. The City agrees that the elderly and the
disabled will be permitted to board and ride the transit coaches at a rate of one-half the
effective base fare. Any police officer wearing his/her uniform will be permitted to ride free.
Children who met the age guidelines established by the County, as they may be amended
from time to time, will be permitted to ride free. City shall not increase its base fare unless
the increase has been approved by the County and a public hearing held as provided in
Section 7 of this Agreement.
Section 13. Routes: The coaches leased hereunder will be utilized to provide
specialized fixed route transit services approved by the County. One coach will be used as
a spare or back-up vehicle.
Section 14. Right of Continuing Control: City acknowledges and understands
that the County, as a recipient of the Grant, has a continuing obligation to the FTA to
maintain, use and control the transit coaches. Accordingly, if at any time, the County shall
determine, in its sole discretion, that the use of the coaches is not in accordance with the
terms and conditions of this Agreement or the Grant Agreement, that the use does not
comply with any state, federal, County, or municipal law, regulation or rule, that the use
does not constitute a valid public purpose, or that the vehicles should be placed into service
elsewhere in the County's public transit system, the City shall, upon the request of County,
discontinue its use (including any use being made by a subcontractor, sublessee, assignee,
and any other party with a right to operate, use, enjoy, or possess one or more vehicles),
and immediately return the coaches to County, at a location so designated by County. No
liability shall inure to County as a result of any such determination by it and/or the early
termination of this Agreement.
Section 15. Notice of Accidents, Injuries and Suits:
A. In the event any of the transit coaches furnished hereunder are involved,
directly or indirectly, in an accident or any passenger or waiting passenger
sustains an injury to property or person, including death, the City agrees to
immediately notify its insurer and County of such accident or injury. Upon the
request of County, the City will provide all information relative to the accident
or injury, including but not limited to the date, time, place, and circumstances,
the names and addresses of the people involved, the owners of property
damaged, description and value of property damaged, and the name and
address of the driver and any witness.
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B. City shall promptly notify and deliver to County, copies of any and all
papers, notices, summonses, processes and any other document
whatsoever, served upon or delivered to it or its agents or employees in
connection with any claim, suit, action or proceeding at law or in equity
commenced or threatened against City and/or County arising out of or related
to the ownership, maintenance, use or operation of any transit coach.
C. The City agrees to fully cooperate with the County or Palm Tran in any
investigation either may conduct, the defense of any claim or suit in which the
County or Palm Tran is named, and shall do nothing to impair or invalidate
any applicable insurance coverage.
Section 16. Standard of Care: The City shall cause the transit coaches to be
operated with reasonable care and precaution to prevent loss and damage because of
negligent or reckless use, abuse, fire, theft, collision, or injury to persons or property.
Section 17. Compliance with Rules, Regulations, etc.: The City and its drivers
shall comply with all regulations now or hereafter implemented, promulgated or adopted by
the County, U.S. Department of Transportation Federal Transit Administration, Florida
Department of Transportation, and any other governmental entity regulating the use,
maintenance and operation of the transit coaches and/or their operators. The City shall
have in effect during the term of this Agreement, a System Safety Plan which shall be fully
compliant with Florida law and shall be implemented in accordance with the rules and
regulations of the Florida Department of Transportation. The transit coaches shall not be
used in violation of any federal, state, county or municipal statute, law, ordinance, rule or
regulation applicable to their operation.
Section 18. Americans with Disabilities Act: City shall insure that the vehicles
(including all transit stops, shelters and/or benches utilized by the coaches and/or
authorized or permitted by City) are accessible to the disabled, and that they are operated,
equipped, and maintained in conformance with the Americans with Disabilities Act of 1990
(ADA), as it may be amended from time to time, and all federal rules and regulations
implementing the Act. City shall indemnify and hold harmless, to the fullest extent of the
law, County from any and all liability which mayor shall inure to County, as a result of
County's ownership of the vehicles or the City's use, operation, or maintenance of the
transit coaches, including County's role as the public entity operating a fixed route system,
or as a result of any failure on the part of the City, its officers, employees, servants, agents,
contractors or any other party acting on behalf of or under the authority of the City, to
comply with the ADA, its implementing rules and regulations or this Agreement.
Section 19. Inspections: The City agrees that the transit coaches and the areas
where they are operated, kept, or maintained, and all parts' inventories, insurance policies,
maintenance and complaint records or logs, and all other records, shall be available for
inspection by the County or Palm Tran at any time during normal business hours. City shall
also make the transit coaches available to County or its contractors, for the installation of
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any equipment deemed necessary for public transportation services by County, or upon
County's request, City shall install, at its sole cost and expense, any transit related
equipment provided to City by County. City shall also make the coaches available, on at
least an annual basis, for inspection by the Florida Department of Transportation and shall
take all necessary acts to facilitate their inspection and to obtain a satisfactory result.
Notwithstanding the foregoing, the City is solely responsible for the operation and
maintenance of the transit coaches and all equipment located thereon. City acknowledges
that County has no obligation to furnish or install any transit-related equipment. Rather,
such duty or obligation is vested solely with the City during the lease term. Nothing
contained in this Agreement shall be construed to relieve the City of its obligations under
this Agreement.
Section 20. Condition of Vehicles: The City will, at all times and at its sole
expense, keep the transit coaches in good working order, condition and repair, and shall
upon expiration of this Agreement, or its earlier termination, deliver the transit coaches and
all transit-related equipment to County, in the same condition as received, less reasonable
wear and tear, and free from collision and damage. This obligation shall include the
removal and replacement of any paint not compatible with County's color scheme for its
transit vehicles. All costs to restore and return the coaches to County shall be borne solely
by City. County shall have the right to inspect the coaches prior to their return. If County
shall refuse, in its sole discretion, to accept the condition of the vehicles, City shall
immediately, at its sole cost and expense, undertake and remedy all deficiencies noted by
County.
Section 21. Disclaimer of Warranty: It is understood between the parties that the
County is not the manufacturer of the transit coaches or equipment associated therewith,
nor the agent of the manufacturer, and that no warranty against patent or latent defects in
material, workmanship, or capacity is given. The County does not warrant the transit
coaches and equipment furnished hereunder as being fit for a particular purpose. No oral
or written advice from County or any of its officers or employees whether given before or
after delivery of the vehicles shall create a warranty, and City is not entitled to rely on any
such advice or information.
NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE GIVEN. ALL
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE ARE EXPRESSL Y EXCLUDED. COUNTY SHALL
NOT BE LIABLE FOR ANY GENERAL, SPECIAL, DIRECT OR INDIRECT
DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS,
SAVINGS OR OTHER CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL
DAMAGES ARISING OUT OF THIS AGREEMENT. COUNTY SHALL NOT
BE LIABLE FOR ANY CLAIM FOR DAMAGES, INCLUDING WITHOUT
LIMITATION, PERSONAL INJURY OR PROPERTY DAMAGE, BASED
UPON A CLAIM IN CONTRACT, TORT (INCLUDING NEGLIGENCE),
MISREPRESENTATION, STRICT LIABILITY OR BREACH OF WARRANTY.
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Section 22. Hold Harmless and Indemnification: To the extent permitted by law,
the City agrees to protect, defend, reimburse, save, indemnify and hold the County, Palm
Tran, Inc., their successors or assigns, and their respective directors, officers, employees,
servants and agents, free and harmless at all times from and against any and all suits,
actions, damages, liabilities, interest, attorneys' fees, costs and expenses of whatsoever
kind or nature arising out of City's use, possession, operation or maintenance of the transit
coaches, and whether directly or indirectly caused, occasioned or contributed to, in whole
or in part, by reason of any act, omission, fault or negligence whether active or passive, of
City or anyone under its direction or control, or on its behalf. City's hold harmless and
indemnity obligations shall apply to the fullest extent permitted by law, but shall not apply to
liability caused solely by the negligence or willful misconduct of the County. City's
obligations hereunder shall include and encompass any liability which may inure or accrue
to County under the Florida Dangerous Instrumentality Doctrine as a result of County's
retention of title to the leased vehicles.
Section 23. 13(c)Responsibility: City further agrees that it shall be responsible for
any and all costs and expenses, including but not limited to employee benefits, salaries,
attorneys' fees and costs, which either party may be responsible for under the Labor
Agreement Between Florida Transit Management, Inc., and its assignees and the
Amalgamated Transit Union Local Division 1267 dated July 29,1975 (commonly known as
and also referred to herein as the" 13( c) Agreement"), and/or responsible for by virtue of
the terms and conditions of any U.S. Department of Labor certification or the application of
49 U. S. C. Section 5333(b) as it may be amended from time to time, to the funding,
acquisition, operation, maintenance or use of any transit coach provided hereunder,
including any reduction or cessation of use and the expiration of this Agreement.
Section 24. Insurance: The City agrees to insure the transit coaches for fire, theft,
bodily injury and death, property damage, collision and liability and to maintain such
coverage during the term of this Agreement and any renewal thereof in accordance with the
following requirements:
A. All insurance policies shall be issued by companies authorized to do
business in the State of Florida. City shall furnish certificates of insurance to
the County's representative prior to its receipt of the transit coaches. The
certificates shall clearly indicate that the City has obtained insurance of the
type, amount, and classification as required for strict compliance with this
section, and that no material change or cancellation of the insurance shall be
effective without thirty (30) days prior written notice to the County's
representative. Compliance with the foregoing requirements shall not relieve
the City of its liability and obligations under this Agreement.
B. The City shall maintain during the life of this Agreement, and any renewal
thereof, comprehensive automobile liability insurance in the minimum amount
of five hundred thousand dollars ($500,000.00) per occurrence to protect the
City from claims for damages for bodily and personal injury, including death,
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as well as from claims for property damage, which may arise from the lease,
use, maintenance or operation of the transit coaches, whether such use,
maintenance or operation be by the City or by anyone directly or indirectly
employed by the City. Upon the request of County, City shall increase the
policy limits and/or expand the coverage, if the County determines, in its sole
discretion, that such is necessary.
C. The City shall maintain during the life of this Agreement, adequate
Workers' Compensation Insurance and Employer's Liability Insurance in at
least such amounts as are required by law for all of its employees, or shall
provide proof of adequate self-insurance.
D. All insurance other than Workers' Compensation to be procured and
maintained by City shall specifically include the County and Palm Tran, Inc.,
and their successors or assigns as "additional insureds."
In no event, shall anything contained herein act as a waiver of the immunities granted to
cities and counties under the Florida Constitution and Section 768.28, Florida Statutes.
Section 25. Effective Date, Term and Renewal: This Agreement shall take effect
upon January 2, 2009, and shall remain in full force and effect for a period of four (4) years,
expiring on January 1, 2013, unless sooner terminated as provided herein.
Section 26. Default and Termination: Should the City decide to discontinue the
public transportation services contemplated hereunder, the City will notify the County of
such discontinuance, at least sixty (60) days prior to the effective date of the
discontinuance, and deliver the transit coaches to County, in the manner and to the place
specified by County, no less than five (5) days after discontinuance of service. The County
may terminate this Agreement with cause immediately upon three (3) days written notice to
the City. The County may terminate this Agreement for its convenience and/or without
cause upon notice to the City at least sixty (60) days prior to the effective date of the
termination. Notwithstanding anything set forth in this section, nothing contained herein
shall affect or diminish, in any manner, the County's right to immediately terminate this
Agreement under Section 14 of this Agreement. No liability will accrue to County for
termination under said Section 14 or termination for convenience or without cause. City
acknowledges that no damage shall accrue to it as a result of the termination of this
Agreement and hereby releases and expressly waives any claim or cause of action that it
has, had or might have against the County for County's termination of the Agreement
regardless of the reason for termination.
Section 27. Compliance with Federal Regulations: The City agrees to abide by
all U.S. Department of Transportation - Federal Transit Administration (FTA) regulations
and requirements regarding federally assisted projects and grants, and agrees to rectify
any deficiencies found by the County or federal review compliance officials upon notice of
such deficiencies from the County or federal review compliance officials, including all such
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regulations or requirements adopted after the execution of this Agreement.
Section 28. Preparation of Certifications, Documents and Reports: Should the
County be required by the FTA or the U.S. DOT or any other agency of the federal
government to provide any certifications, documents or reports related in any manner to the
Project, the City will cooperate and assist the County with the preparation of such
certifications, documents or reports, or prepare and furnish any such certifications,
documents or reports requested by County. The City shall provide any and all reports,
documents or surveys required for the National Transit Database referenced by the Federal
Transit Act, as amended, and the implementing rules and regulations of the FT A. These
reports shall include, but are not limited to, random surveys of selected fixed-route trips,
daily accounting of revenue and non-revenue hours and miles, passenger counts, and any
other information deemed necessary by County for the complete performance of the
National Transit Database (NTD) Report required by the FTA. City shall provide such
information, data or reports on a monthly basis. City shall submit the information, data or
reports, in the form required by County, on or before the 10th day of each month for the
immediately precedinq month. Upon County's request, City agrees to cooperate and assist
County with the preparation and filing of any additional material relating to County's
Complementary Paratransit Plan or the provision of paratransit services. City shall
immediately provide County with all information and documentation needed for inclusion in
the Plan.
Section 29. Interest of Members or Delegates to Congress & No Influence:
A. No member of or delegate to the Congress of the United States shall
be admitted to a share or part of this Agreement or to any benefit arising
therefrom.
B. The City certifies that to the best of its knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or
on behalf of the City, to any person for influencing or attempting to
influence an officer or employee of any Federal agency, a member of
Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or
will be paid to any person for influencing or attempting to influence an
officer or employee of any Federal agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of
Congress in connection with this Agreement, the Grant, or a loan or
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cooperative agreement, the City shall complete and submit Standard
Form-LLL, Disclosure Form to Report Lobbying," in accordance with its
instructions.
3. This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or entering
into this transaction as imposed by 31 U.S.C. 1352. Any person who fails
to file the required certification shall be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each such failure.
Section 30. Labor Provisions for Non-Construction Contracts:
A. Overtime Requirements: City shall not require or permit any laborer or
mechanic, in any work week in which he or she is employed to work on the
Project, to work in excess of forty hours in such work week unless such
laborer or mechanic receives compensation at a rate not less than one and
one-half the basic rate of pay for all hours worked in excess of forty hours in
such work week.
B. Violation; Liability for Unpaid Wages; Liquidated Damages: In the event
of any violation of the clauses set forth in subparagraph (b)(1) of 29 C.F.R.
Section 5.5, the City shall be liable for the unpaid wages. In addition, the City
shall be liable to the United States (in the case of work done under contract
for the District of Columbia or a territory, to such district or to such territory),
for liquidated damages. Such liquidated damages shall be computed with
respect to each individual laborer or mechanic, including watchmen and
guards, employed in violation of the clauses set forth in subparagraph (b)(1)
of 29 C.F.R. Section 5.5 in the sum of $ 10.00 for each calendar day on
which such individual was required or permitted to work in excess of eight
hours or in excess of the standard work week of forty hours without payment
of the overtime wages required by the clause set forth in subparagraph (b)(1)
of 29 C.F.R. Section 5.5.
C. Withholding for Unpaid Wages and Liquidated Damages: County shall
upon its own action or upon written request of an authorized representative of
the Department of Labor, withhold or cause to be withheld, from any monies
payable on account of work performed by City, such sums as may be
determined to be necessary to satisfy any liabilities of City for unpaid wages
and liquidated damages as provided in the clause set forth in subparagraph
(b)(2) of 29 C.F.R. Section 5.5.
D. Non-Construction Grants: The City shall maintain payrolls and basic
payroll records during the course of the work and shall preserve them for a
period of three years from the completion of the Agreement for all laborers
11
and mechanics, including guards and watchmen, working on the contract.
Such records shall contain the name and address of each such employee,
social security number, correct classifications, hourly rates of wages paid,
daily and weekly number of hours worked, deductions made, and actual
wages paid. Further, County shall require the City to insert in any such
contract a clause providing that the records to be maintained under this
paragraph shall be made available for inspection, copying, or transcription by
authorized representatives of the U.S.D.O.T. and the Department of Labor,
and the City will permit such representatives to interview employees during
working hours on the job.
E. Subcontracts: The City shall insert in any subcontracts the clauses set
forth in subparagraphs A. through E. of this section and also a clause
requiring the subcontractors to include these classes in any lower tier
subcontracts. The City shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in
subparagraphs A. through E. of this section.
Section 31. Charter Service: City shall comply with 49 U.S.C. 5323(d) and 49
C.F.R. Part 604, which provide that recipients and subrecipients of FTA assistance are
prohibited from providing charter service using federally funded equipment or facilities if
there is at least one private charter operator willing and able to provide the service, except
under one of the exceptions at 49 C.F.R. 604.9. Any charter service provided under one of
the exceptions must be "incidental," (i.e., it must not interfere with or detract from the
provision of mass transportation.)
Section 32. School Bus Operations: In accordance with 69 U.S.C. 5323(f) and 49
C.F.R. Part 605, City shall not engage in school bus operations exclusively for the
transportation of students and school personnel in competition with private school bus
operators unless qualified under specified exemptions.
Section 33. Energy Conservation: The City agrees to comply with mandatory
standards and policies relating to energy which are contained in the state energy
conservation plan issued in compliance with the Energy Policy and Conservation Act.
Section 34. Clean Water: The City agrees to comply with all applicable standards,
orders or regulations issued pursuant to the Federal Water Pollution Control Act, as
amended, 33 U.S.C. 1251, et. seq. The City agrees to report each violation to the County
and understands and agrees that the County will, in turn report each violation as required to
assure notification to the FTA and the appropriate EPA Regional Office. The City agrees to
include this requirement in any subcontract exceeding $100,000.00 financed in whole or in
part with Federal assistance provided by the FT A.
Section 35. Access to Records:
12
A. The City agrees to provide County, the FTA, the Comptroller General of
the United States or any of their authorized representatives access to any
books, documents, papers and records of the City which are directly pertinent
to this Agreement for the purposes of making audits, examinations, excerpts
and transcriptions.
B. The City agrees to permit any of the foregoing parties to reproduce by any
means whatsoever or to copy excerpts and transcriptions as reasonably
needed.
C. The City agrees to maintain, in Palm Beach County, Florida, all books,
records, accounts, and reports required under this Agreement for a period of
not less than three (3) years after the date of termination or expiration of this
Agreement, except in the event of litigation or settlement of claims arising
from the performance of this Agreement, in which case the City agrees to
maintain same until the County, the FTA, the Comptroller General, or any of
their duly authorized representatives, have disposed of all such litigation,
appeals, claims, or exceptions related thereto.
Section 36. Federal Changes: City shall at all times comply with all applicable FT A
regulations, policies, procedures and directives, including without limitation, those listed
directly or by reference in the County's Grant Agreement with the FT A, as they may be
amended or promulgated from time to time during the term of this Agreement. City's failure
to comply shall constitute a breach of this Agreement.
Section 37. Recycled Products: The City agrees to comply with all the
requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as
amended, (42 U.S.C. 6962), including, but not limited to, the regulatory provisions of 40
C.F.R. Part 247, and Executive Order 12873, as they apply to the procurement of the items
designated in Subpart B of 40 C.F.R. Part 247.
Section 38. No Federal Government Obligation:
A. City and County acknowledge and agree that, notwithstanding any
concurrence by the Federal Government in or approval of the solicitation or
award of any underlying contract, absent the express written consent by the
Federal Government, the Federal Government is not a party to this
Agreement and shall not be subject to any obligations or liabilities of the
County, City, or any other party (whether or not a party to this Contract)
pertaining to any matter resulting from an underlying contract.
B. The City agrees to include the above clause in each subcontract financed
in whole or in part with Federal assistance provided by FTA. It is further
agreed that the clause shall not be modified, except to identify the
subcontractor who will be subject to its provisions.
13
Section 39. Program Fraud and False or Fraudulent Statements:
A. The City acknowledges that the provisions of the Program Fraud Civil Remedies
Act of 1986, as amended, 31 U.S.C. Section 3801 et seq. and U.S. DOT
regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions
pertaining to this Agreement. Upon execution of this Agreement, the City certifies or
affirms the truthfulness and accuracy of any statement it has made, it makes, it may
make, or causes to be made, pertaining to this Agreement or the FT A assisted
project for which this Agreement is being performed. In addition to other penalties
that may be applicable, the City further acknowledges that if it makes or causes to
be made, a false, fictitious, or fraudulent claim, statement, submission, or
certification, the Federal Government reserves the right to impose the penalties of
the Program Fraud Civil Remedies Act of 1986 on the City to the extent the Federal
Government deems appropriate.
B. The City also acknowledges that if it makes, or causes to be made a false,
fictitious, or fraudulent claim, statement, submission, or certification to the Federal
Government under a contract connected with a project that is financed in whole or in
part with Federal assistance originally awarded by FTA under 49 U.S.C. Section
5307, the government reserves the right to impose the penalties of 18 U.S.C.
Section 1001, and 49 U.S.C. Section 5307 (n)(1) on the City to the extent to the
Federal Government deems appropriate.
C. The City agrees to include the above two clauses in each subcontract financed in
whole or in part with Federal assistance provided by FTA. It is further agreed that
the clauses shall not be modified, except to identify the subcontractor who will be
subject to the provisions.
Section 40. Civil Rights:
The following requirements apply to this Agreement:
A. Nondiscrimination: In accordance with Title VI of the Civil Rights Act, as
amended, 42 U.S.C. Section 2000d, Section 303 of the Age Discrimination
Act of 1975, as amended, 42 U.S.C. Section 6102, Section 202 of the
Americans with Disabilities Act of 1990, 42 U.S.C. Section 12132, and
Federal transit law at 49 U.S.C. Section 5332, the City agrees that it will not
discriminate against any employee or applicant for employment because of
race, color, creed, national origin, sex, age, or disability. In addition, the City
agrees to comply with applicable Federal implementing regulations and any
other implementing requirements FTA may issue.
B. Equal Employment Opportunity: Race, Color, Creed, National Origin,
Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42
14
U.S.C. Section 2000e, and Federal transit laws at 49 U.S.C. Section 5332,
the City agrees to comply with all applicable equal employment opportunity
requirements of the U.S. Department of Labor (U.S. DOL) regulations, "Office
of Federal Contract compliance programs, Equal Employment Opportunity,
Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement
Executive Order No. 11246, "Equal Employment Opportunity," as amended
by Executive Order No. 11375, "Amending Executive Order 11246 Relating
to Equal Employment Opportunity," 42 U.S.C. Section 2000e note), and with
any applicable Federal statutes, executive orders, regulations, and Federal
policies that may in the future affect construction activities undertaken in the
course of the Project. The City agrees to take affirmative action to insure that
applicants are employed, and that employees are treated during
employment, without regard to their race, color, creed, national origin, sex, or
age. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer, recruitment, or recruitment
advertising, layoff or termination; rates of payor other forms of
compensation; and selection for training, including apprenticeship. In
addition, the City agrees to comply with any implementing requirements FTA
may issue.
Age: In accordance with Section 4 of the Age Discrimination in Employment
Act of 1967, as amended, 29 U.S.C. Section 623 and Federal transit law at
49 U.S.C. Section 5332, the City agrees to refrain from discrimination against
present and prospective employees for reason of age. In addition, the City
agrees to comply with any implementing requirements FT A may issue.
Disabilities: In accordance with Section 102 of the Americans with
Disabilities Act, as amended, 42 U.S.C. Section 12112, the City agrees that it
will comply with the requirements of the U.S. Equal Employment Opportunity
Commission, "Regulations to Implement the Equal Employment Provisions of
the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to
employment of persons with disabilities. In addition, the City agrees to
comply with any implementing requirements FT A may issue.
C. The City agrees to include the above-stated requirements in each
subcontract financed, in whole or in part, with Federal assistance provided by
FT A, modified only as necessary to identify the affected parties.
Section 41. Incorporation of FT A Terms: This Agreement contains certain
standard terms and conditions required by U.S. DOT. All contractual provisions required by
U.S. DOT, as set forth in FTA Circular 4220.1 E, are hereby incorporated by reference.
Anything to the contrary herein notwithstanding, all FT A mandated terms shall be deemed
to control in the event of a conflict with other provisions contained in this Agreement. The
City shall not perform any act, fail to perform any act, or refuse to comply with any County
requests which would cause the County to be in violation of FT A terms and conditions. City
15
will immediately remedy any deficiencies found by County or federal review compliance
officials upon notice of such deficiencies.
Section 42. Privacy Act: The City agrees to comply with, and assures the
compliance of its employees with the information restrictions and other applicable
requirements of the Privacy Act of 1974,5 U.S.C. Section 552a. Among other things, the
City agrees to obtain the express consent of the Federal Government before the City or its
employees operate a system of records on behalf of the Federal Government. The City
understands that the requirements of the Privacy Act, including the civil and criminal
penalties for violation of that Act, apply to those individuals involved, and that failure to
comply with the terms of the Privacy Act may result in termination of the underlying
contract. The City agrees to include these requirements in each subcontract, to administer
any system of records on behalf of the Federal Government, financed in whole or in part
with Federal assistance provided by FT A.
Section 43. Disadvantaged Business Enterprises:
A. It is the policy of the U.S. Department of Transportation and County that
Disadvantaged Business Enterprises (DBEs) as defined in 49 C.F.R. Part 26,
as amended, shall have the maximum opportunity to participate in the
performance of contracts financed, in whole or in part, with federal funds.
County is committed to the implementation of 49 C.F.R. Part 26 through its
approved Disadvantaged Business Enterprise Program. Consequently, the
DBE requirements of 49 C.R.R. Part 26, as amended, apply to this
Agreement, and to the extent applicable, City agrees to comply with current
U.S. DOT regulations at 49 C.F.R. Part 26, including any amendments that
may be made to those regulations during the term of this Agreement.
B. The City and any subcontractor shall not discriminate on the basis of
race, color, national origin, or sex in the performance of this Agreement. The
City shall carry out the applicable requirements of 49 C.R.R. Part 26 in the
award and administration of DOT assisted contracts. Failure by the City to
carry out these requirements is a material breach of this Agreement, which
may result in the termination of this Agreement or such other remedy as the
County deems appropriate.
Section 44. Transit Employee Protective Agreements: The City agrees to carry
out the transit operations work on the underlying contract in compliance with the terms and
conditions determined by the U.S. Secretary of Labor to be fair and equitable to protect the
interests of employees providing services or employed under this Agreement, and to meet
the employee protective requirements of 49 U.S.C. 5333(b), and DOL guidelines at 29
C.F.R. Part 215, and any amendments thereto. These terms and conditions are identified
in the letter of certification from the U.S. DOL applicable to County's Grant Agreement with
the FT A related to this Project. The City agrees to carry out the work in compliance with
the conditions stated in the DOL letter, and further agrees that it shall extend and provide to
16
.
its transit employees the same protections afforded to employees of Palm Tran under the
13(c) Agreement, a copy of which has been received by the City.
Section 45. Minimum Requirements/lncorporation of FTA Terms: All limits or
standards set forth in the Grant Agreement are minimum requirements. In the event the
standards or requirements of this Agreement exceed those of the Grant Agreement, City
shall comply with the requirements of this Agreement. Moreover, all contractual provisions
required by FTA, as set forth in Circular 4220.1 E, as it may be revised from time to time,
are hereby incorporated into this Agreement by reference. Notwithstanding anything
contained herein to the contrary, all FT A mandated terms and conditions, including those
which the County becomes subject to under future grants from the FT A, shall be deemed to
control in the event of any conflict or inconsistency with the provision of this Agreement.
The City shall not perform any act, fail to perform any act, or refuse to comply with County
requests which would cause County to be in violation of any FT A term, condition or
requirement. City's failure to comply with any such FT A term, condition or requirement
shall be deemed a material breach of contract.
Section 46. Notice of Changed Conditions: City agrees to notify County of any
change in its ordinances or of conditions or events that may affect its ability to use the
transit coaches in accordance with the terms of the Grant Agreement and this Agreement.
Section 47. Drug and Alcohol Testing: City agrees to establish and implement a
drug and alcohol testing program that complies with 49 C.F.R. Parts 40 and 655, as they
may be amended or replaced from time to time; to produce any documentation necessary
to establish its compliance with parts 40 and 655; and to permit any authorized
representative of the U.S. DOT or its operating administrations, the State Oversight Agency
of the State of Florida, or County to inspect the facilities and records associated with the
implementation of the drug and alcohol testing program and to review the testing process.
The City agrees further to certify annually its compliance with Parts 40 and 655 before a
date to be set by County's representative and to submit Management Information System
(MIS) reports before a date to be set by County's representative (before March 15). City
shall certify compliance by using the "Substance Abuse Certification in the Annual List of
Certifications and Assurances for Federal Transit Administration Grants and Cooperative
Agreements", which is published annually in the Federal Register.
Section 48. Maintenance and Availability of Records: The City shall maintain all
records pertaining to the use, operation, maintenance, etc. of the transit coaches for at
least three (3) years. Such records shall be made available to the County, the U.S. Office
of Inspector General and the U.S. DOT and FTA. The City further agrees to comply with
the requirements of Chapter 119, Florida Statutes.
Section 49. Prohibition of Discrimination: The City represents and warrants that
it will not discriminate in its performance of this Agreement and that its employees and
members of the general public utilizing this public transportation will be treated equally and
without regard to race, sex, sexual orientation, gender identity or expression, color, religion,
17
disability, handicap, age, marital status, national origin or ancestry.
Section 50. Assignment: Neither this Agreement nor any interest herein shall be
assigned, transferred or otherwise encumbered, in whole or in part, by City without the prior
written consent of County. Moreover, City shall not convey, assign or otherwise encumber
the lease granted hereunder or any lesser interest arising out of the lease, except as
expressly permitted in Section 9 of this Agreement.
Section 51. No Agency Relationship:
A. Nothing contained herein shall create an agency relationship between
City and County, or City and Palm Tran, Inc.
B. City acknowledges and affirmatively represents, warrants and asserts that
it is familiar with the terms and conditions of this Agreement, and that in the
performance of the Agreement and/or in any other act, relationship or role
that it has or may have with the County or Palm Tran, Inc., related to or
arising out of the Agreement, that it is and shall at all times be an
independent contractor and not an agent or servant of the County or Palm
Tran, Inc. City acknowledges that it has no authority, either express or
implied, to hold itself out as a servant or agent of the County or Palm Tran,
Inc. or to represent that it is an agent or servant of the County or Palm Tran,
Inc. City agrees that it shall not conveyor suggest, in any manner
whatsoever, to any person or entity (i.e., third party), that it has any authority,
either real or apparent, to act for or on behalf of or as agent of the County or
Palm Tran, Inc. Accordingly, City shall at no time claim, assert, infer or
suggest, in any way whatsoever, in any public or private statement whether
made in any public meeting, deposition, interrogatory, hearing, trial or appeal,
that it is an agent or servant of the County or Palm Tran, Inc., or that the
County or Palm Tran, Inc. has control over City's day-to-day operations or
the conduct of its business, employees, officers, servants or agents.
C. City affirmatively acknowledges and represents that it, in the performance
of this Agreement and without the direction or control of County or Palm
Tran, Inc., will select, hire, train, place, supervise, discipline, terminate,
compensate and reward its employees; that it has determined the manner by
which it will perform, including the site(s) from which the work will be
performed; and that the facility it will utilize to perform will be owned and
controlled by it and under its care and control.
Section 52. Remedies: This Agreement shall be construed by and governed by the
laws of the State of Florida. Any and all legal action necessary to enforce the Agreement
will be held in Palm Beach County. No remedy herein conferred upon any party is intended
to be exclusive of any other remedy, and each and every such remedy shall be cumulative
and shall be in addition to every other remedy given hereunder or now or hereafter existing
18
at law or in equity or by statute or otherwise. No single or partial exercise by any party of
any right, power, or remedy hereunder shall preclude any other or further exercise thereof.
Section 53. Enforcement Costs: Any costs or expenses, including reasonable
attorney fees, associated with the enforcement of the terms and conditions of this
Agreement shall be borne by the respective parties; provided, however, that this clause
pertains only to the parties to this Agreement.
Section 54. No Waiver: No waiver of any provisions of this Agreement shall be
effective unless it is in writing, signed by the party against whom it is asserted, and any
such written waiver shall only be applicable to the specific instance to which is relates and
shall not be deemed a continuing or future waiver.
Section 55. Captions: The captions and section designations herein set forth are
for convenience only and shall have no substantive meaning.
Section 56. Joint Preparation: The preparation of this Agreement has been a joint
effort of the parties, and the resulting document shall not, solely as a matter of judicial
constraint, be construed more severely against one of the parties than the other.
Section 57. Severability: Should any section, paragraph, sentence, clause, or
provision hereof be held by a court of competent jurisdiction to be invalid, such shall not
affect the remaining portions of this Agreement.
Section 58. Notice: All written notices required under this Agreement shall be sent
by certified mail, return receipt requested, and if sent to the County shall be mailed to:
Executive Director of Palm Tran
3201 Electronics Way
West Palm Beach, FL 33407
And, if sent to the City shall be mailed to:
City Manager
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, FL 33435
Each party may change its address upon notice to the other.
Section 59. Entirety of Contract and Modifications: The County and City agree
that this Agreement sets forth the entire agreement between the parties, and that there are
no promises or understandings other than those stated herein. No modification,
amendment or alteration in the terms or conditions contained herein shall be effective
19
unless contained in a written document executed with the same formality and equality of
dignity herewith.
Section 60. Survivability: Any provision of this Agreement which is of a continuing
nature or imposes an obligation which extends beyond the term of this Agreement, shall
survive its expiration or earlier termination.
Section 61. Execution: This document shall be executed in four (4) counterparts,
each of which shall be deemed an original.
Section 62. Filing: A copy of this Agreement shall be filed with the Clerk of the
Circuit Court in and for Palm Beach County.
(Remainder of Page Intentionally Left Blank)
20
.
IN WITNESS WHEREOF, the undersigned parties have executed this InterlocalAgreement
on the day and year first written above. R 2 0 0 9 0 5 93 "APR 0 7 2009
ATTEST: PALM BEACH COUNTY, FLORIDA, by
Sharon R. Bock, ge~t'lI\~ll~Oller its BOARD OF COUNTY COMMISSIONERS
.::'":" O\~...........C I" By_ gkf(~
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eputy CI' ~..... ;:-(OFHD,", /01
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II 6> ". .,' ~ .: John F. Koons, Cflafrman
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CITY OF BOYNTON BEACH
.. Byffi!;:/j
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CITY AITORNEY
/
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EXHIBIT A
Deliveey ami Accepanc. of Transit Coaches
County has delivered to City and City has accepted !he following vehicles to be used only in accordance wltn
the t~ and conditions of the InterlocaJ Agreement between the City of Boynton Beach and Palm Beach
County.
-
Description of Vehicles:
Make Ford Make Ford
Model E450 Model E450
Year 2001 Year 20D 1
Vinal 1FDXE45F41HA69969 Villi: 1FDXE45F01HA69970
~ 20 Passenier Ca~ 20 Passenjer
Engine Type and.DieseL7 .3 LT EngineTypeand' ~ies~l 7~3LT
~~~ Equipment ~ i con ~-Seri eR
eelc a r an Standee Lift Wheelchair an Standee Lift
Condition Good CondItion Good
Odometer Reading 70.944 Odometer Readina 51. 3'i3
Make Ford Make Ford
Model E450 Model E450
Year 2001 Year 2001
Vanj IFDXE45F21HA69971 Vi"., IFDXE45F41HA69972
Ca~ 20 Passenier Ca~ 20 P~ssen~er
Engine Type &W1d#DieRel 7 1 T.T Engine Type and, Diesel 7 _ 3 L'}'
Equipment Rican S-SeTi PR Equ~tRicon S-Series
"''heelcb;iir ;ipd St";indpp Lift Wh~~leh;:t;T :.nd S~.and~~ T.ift
Condition Good . Condition Good
~rR~Q 51.163 Odometer Readin9 76.8 'i 6
City acknowledges that it has inspected the vehicles and that it has accepte<1 eacn one and found it to be
In good and satisfactory condition. City aei<nowledges that the transit coaches and instaUed equipment is
~ a size. design. c:apacity. construction and manufacturersatistactary to City and suitable fer City's intended
use. Cotlnty has not made and does not make any representation. warranty. or covenant. express or
. implied, with relpecttD the fttness. merchantlbility, design, COll$truction, capacity. suitability of performance
or the vehicles and equipment provided hemmdef.
CIty of Boynton Beach Palm Beach County. Florida
~ .
By: ALUZ:I/i..d/ I ,,)';<--/77{../._,1
(Signature) "/ f(Oate)
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(Print Name) /
1/\) I, . /)/1 / l 1/ L .
Title
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1M. U .. A NeE
CO..""NY
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STAR INSURANCE COMPANY CERTIFICATE OF INSURANCE DATE ISSUED: 10/11/07
PRODUCER Thls certificate is issued as a matter of lnformallon only and confers no rights upon
the certlftcale holder. ThI8 certiftalte DOES NOT amend. extend or alter the coverage
Arthur J. Gallagher & Co. afforded by the policles below.
22!5l5 GIedM Road
Sulle 400 E. COMPANIES AFFORDING COVERAGE
Boca Ralon. FL 33431
INSURED COMPANY (A) STAR INSURANCE COf.FANY
City of Boynllln IIeach
100 E. Boynton IIeach Boulevard COMPANY (B)
Boynton 1Ieach. ~L 33425
COMPANY (C)
COMPANY (0)
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COVERAGES
ThIa Is to cer1lfy IIlat iIle poIIclea 0/ lnsUIlIIIC8 listed below have been iSsued 10 Ole Insured named above lor Ole policy pef10d Indlcated.
notwithstanding any r&qull'emenl. l8m1 or COl'ldItion of any rontract or oth... document wI1h respect 10 whIoh this certllIcale mey be iNued or may
per1aln. Ole Insurance aIIonIed by lIle poliCieS described herein is subject to an Ole 1em1s. elCClusioos and conditions 0/ such policies. Umlts shoWn
may haw been 18duced by pIlicl cIalms.
~A TYPE OF INSURANCE POUCY N....R POIJCY EFFECTIVE POLeyexPlV\TlON LIMITS
MT
GENERAL LlAlNUTY
A . COMMEACW. CJEHERAL. LlA8IJTY CP 0>6T1 .. 1~11ZOO7 <1'/2000 GEH6RAL AGGREGf\TE llUJIELlM
C ClAIMS MADE III OCCUR. PROOUCT~ AGO
C OWNI!R'S & CONTRACTOR'll ~T EM:H OCCURRENCE KUWltt
FIRE QfWAOE c.nr OM...)
MEO. EXPENSE Ceny OM ......l
AUTONOBl.E UMtlITV
A C AHY AUTO HlA NtA NtA COMIHNED SINGLE LIMIT lllA.-
C] ALL OWNED AUTOS 80DIL y 1NJUAY...-.
o SCHEOUlEDAUTOS 800L Y INJURY c,.......)
C HIRED AUTOS AAOPERTY DAMAGE
C NlJN.OWNEO AUTOS
o GARAGE L......1lY
EXCESS llA8LlTY
A o UMBRelLA FORM EACH~ H.-0llII
III OlliER THAN UMBReLLA FORM CP"'" .. 1~'l2COl <I'12OCIll _GAT!! IWIlIIl.lIIIll
A ~RS' COMPENllATlON cp~n211 lQt'112OO7 <I'12OO1l STATUTORY LIMITS ilIIII*D:
ANO
EMPlOYERS' UABIUTY EACH ACCIIlEHT
llIS&ASEol'OUCE lMT
DIIEME-EACH EMPI.OYEE
~y A - A:lrIcy wl:l<<l1O a ,.,.... &J.R. "'OOC......
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DESCRIPTION OF OPERA TIONSlLOCATIONSlVEHICLESlSPECIAL ITEMS - All operations usuallD a City Government Including
Palm Beach County Board of County Commla8lonefS. a polltlcal subdlvi8lon of the State of Florida. Its OffIcers. Employees and
Agents as addlUonallnsured as their in18Al8ts may appear ihroughoulthe polley period for munldpal activities in coordlnatlon and/or
conjunction with Palm Beach County Board of County Commissioners.
...--....... ............. . ..... .._...... .................._~..Q~..!.!l!.mfJ!!1'!~~..2!..!J:).!f...P.2l.i2Y.~...!1!!gtll!.r:!lI.~~t........-...........-....-...-...-...-............ ..............-.......-.....-
CERTIFICATE HOLDER
Should any 0/ IlIe above descI1bed polic1e8 be canceIIlId before the explrllllon
Palm Beach County Board of County dale Ihe<eof. Ihe IsIuIng company will ende8v<lr 10 meU 3 clays Wfl\ten notIoe 10
Ole c:e<1lIIc:8tII holder named to Ole Iell. but fall\ll'8 10 metlllUCh notIoe lIhaIllmpoee
Comml8aloners no obItga8on or IIabllIty of any kind upon the company, Its agents or
Risk Mgt. Dept. ~......
160 Auatralian Dr.
West Pam Beach. FL 33406 ~
AltenUon: RIchard Cohen ~_ ...L:- .{w / Q
AuIholtzed Slgnature:
.-/ S8ndrII.M. Donaghy
J
Meadowbrook Insurance Group
The Citg ol Bollnton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@ci.boynton-beach.f1.us
www.boynton-beach.org
January 26, 2009
Mr. Marc Mostoller
Contract Administrator
Palm Tran
West Palm Beach, FI 33407-4618
Re: Resolution R09-021lnterlocal Agreement Between Palm Beach County and The
City of Boynton Beach
Dear Mr. Mostoller:
Attached for your handling are three (3) partially executed agreements and a copy of the Resolution
mentioned above. Once the agreements have been signed, please return one original to the City
Clerk's Office for Central File.
If you have any questions, please do not hesitate to contact me.
Very truly yours,
cm OF BOYNTON BEACH
.
Yf).~
et M. Prainito, CMC
City Clerk
Attachment
CC: Wally Majors
tis
s: \ CC\ WP\AFTER COMMISSION\ Other Transmittal Letters After Commission \2009\R09-021 Palm Tran Coaches. doc
America's Gateway to the Gulfstream
Page 1 of2
Stanzione, Tammy
From: Majors, Wally
Sent: Wednesday, February 11, 2009 11 :02 AM
To: Stanzione, Tammy
Cc: Rivers, Jody
Subject: RE: R09-021 ILA Lease of Transit Coaches
Tammy,
Please forward the agreement to:
Marc Mostoller
Contract Administrator
Palm Tram
3201 Electronics Way
West Palm Beach, 33407-4618
Thanks.
Wally
---"~'~"'''''-''-~--"''_-''''''''~"''~''''''''''''''''"~,,,~~_.---.--..-.'C""'_~___"~'~""'''''".'_._'~__'~~.~____.'~'__m_."_._,_~____.__'_~..~___._._____.,_______.
From: Rivers, Jody
Sent: Wednesday, February 11, 2009 10:27 AM
To: Majors, Wally
Subject: FW: R09-021 lLA Lease of Transit Coaches
fyi
-- ~".- '.~~-_.-._-----~..._.~
From: Stanzione, Tammy
Sent: Wednesday, February 11,20099:19 AM
To: Rivers, Jody
Subject: R09-021 lLA Lease of Transit Coaches
Good Morni ng J ody I
This agreement is now ready to be forwarded. Who do I need to send it to Palm Beach
County or to Palm Tran, please advise.
Thank you.
Ig........, J!. ~~
.Administrative .Jt5sociate
City CCerk's Office
City of 'Boynton 'Beach
(561) 742-6060
2/11/2009