R05-008
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2 RESOLUTION NO. R05- ooB
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4 A RESOLUTION OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA,
6 AUTHORIZING AND DIRECTING THE MAYOR
7 AND CITY CLERK TO EXECUTE AN
8 INTERLOCAL AGREEMENT BETWEEN THE CITY
9 OF BOYNTON BEACH AND PALM BEACH
10 COUNTY, FLORIDA, PROVIDING FOR THE
11 CONTINUATION OF LEASE OF FIVE (5) TRANSIT
12 COACHES FOR AN ADDITIONAL FOUR (4)
13 YEARS; AND PROVIDING AN EFFECTIVE DATE.
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16 i WHEREAS, on February 6, 2001, the parties entered into an Interlocal
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17 IAgreement under which the County leased to the City five (5) transit coaches purchased
18 Ithrough a United States Department of Transportation Federal Transit Administration
19 I grant; and
20 WHEREAS, the County is willing to continue to lease the existing five (5)
21 coaches currently used by the City, which the City has agreed to operate on a continuous
22 basis during the term of this Agreement and to use the coaches only to provide public
23 transportation; and
24 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon
25 recommendation of staff, has deemed it to be in the best interests of the citizens and
26 residents of the City of Boynton Beach to enter into an Interlocal Agreement between the
27 City of Boynton Beach and Palm Beach County, Florida, said Agreement being attached
28 hereto as Exhibit "A",
29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
30 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
31 Section I. The foregoing "Whereas" clauses are hereby ratified and confirmed
32 as being true and correct and are hereby made a specific part of this Resolution upon
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1 adoption hereof,
2 Section 2. The Mayor and City Clerk are hereby authorized to execute an
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3 Interlocal Agreement between the City of Boynton Beach and Palm Beach County for the
4 City to continue to lease five (5) transit coaches at the annual lease fee of Ten ($10.00)
5 dollars per year, for an additional four (4) year period that will expire on January I, 2009.
6 Said Interlocal Agreement being attached hereto as Exhibit "A",
7 Section 3, That this Resolution shall become effective immediately upon
8 assage.
9 PASSED AND ADOPTED this L day of January, 2005.
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11 CITY OF BOYNTON BEACH, FLORIDA
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~,~ (e) t"alm Beach County
Board of County Commissioners
\.. '/ Karen T. Marcus, Chair
~lPalmTran '<¡>~~ Tony Masilotti,Yice Chairman
Jeff Koons
Warren H. Newell
320 I Electronics Way - West Palm Beach, FL 33407 Mary McCarty
Burt Aaronson
Phone: (561) 841-4200 or (561) 841-4290 Addie L. Greene
Perry J. Maull County Administrator
Executive Director Robert Weisman
December 7, 2004
Mr, Kurt Bressner, City Manager ~ ~ (Ç; ~ ~ 1# ~"!fi
City of Boynton Beach DEG - 8 2004 11! ~i
100 East Boynton Beach Blvd.
Boynton Beach, FL 33435 ----.-. . I
CITY Mt\NAGEirs Cn;'1
Dear Mr. Bressner;
Enclosed are three (3) copies of the renewal of the Interlocal Agreement for the continued "lease" of transit
coaches. This renewal will basically extend the existing lease for four (4) more years through January I, 2009.
Please have two copies executed and returned to me. Once the agreements are fully executed by the Board of
County Commissioners I will forward a copy to you.
Also, when you return the copies would you please include a current certificate of insurance.
If you have any questions or if! may be of further assistance on this matter please do not hesitate to contact me
at (561) 841-4216,
~ ~'7~
arc MO~
Contracts Administrator
An Equal Opportunity - Affirmative Action Employer
www.palmtran.org
R2005~..035~ fEB\5211115
'R c5 -008
INTERtOCÅL 'AGREEMENT
BETWEEN
PALM BEACH COUNTY, FLORIDA
AND
THE CITY OF BOYNTON BEACH
THIS INTERLOCAL AGREEMENT is made and entered into this _ day of
FEB \5 . , 2005, 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
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 coaches for an
additional four (4) year period; and
WHEREAS, the County is willing to continue to lease the existing five (5) 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 five (5) 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 five (5) 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
shali 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
"roliing 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 FT A G-6, October 1,1999 incorporating the terms of the
Federai Transit Administration Master Agreement (FT A MA (6), October 1, 1999). City
further acknowledges its receipt of ali other award notifications from the FTA 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,
Section 6. Lease: County wili continue the lease to City five (5) 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 five (5) vehicles have been identified
by the parties, accepted by the City, and described on the form attached as Exhibit A to
the Interlocal Agreement between County and City dated February 6,2001, City wili pay
to County an annual lease fee of Ten Doliars ($10.00) for ali leased vehicles, The first
payment shali be due immediately after the parties' execution of this Agreement.
Thereafter, ali payments shali be due and payable to County on or before the first day of
each year of the remainder of the lease term. City wili remit to County over the term of the
iease a total lease fee in the amount of Forty Doliars ($40.00).
Section 7. Use and Operation of Transit Coaches: The coaches shali 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 shali 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 forthe 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 and State and Federal
laws. The City shali 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
shali be operated within the City's geographic limits or such other areas, approved by the
County, so long as such areas are not outside ofthe County's geographic boundaries, The
City shali advise the County's representative of any proposed alterations to the transit
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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 impiement
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 FTA 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 promptiy 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
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
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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
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,
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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.
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,
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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 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
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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 EXPRESSLY 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,
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
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coaches, and whether directly or indirectly caused, occasioned or contributed to, in whole
on 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 maybe 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, 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.
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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, 2005, and shall remain in full force and effect for a period of four (4)
years, expiring on January 1, 2009, 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
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,
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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 FTA.
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 FT A. City shall provide such
information, data or reports on a monthly basis, Citv shall submit the information. data or
reports, in the form reauired bv Countv. on or before the 10th dav of each month for the
immediatelv precedina 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 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.
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
10
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
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 provides 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
11
amended, 33 U.S.C. 1251, et. sea. 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:
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 Agreementforthe 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 FT A, 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 FTA, 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
12
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 FT A. It is further
agreed that the clause shall not be modified, except to identify the
subcontractor who will be subject to its provisions.
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 FTA 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 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
13
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
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 sea" (which
implement Executive Order No. 11246, "Equal Employment Opportunity," as
amended by Executive Order 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 FT A
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 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 FTA 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
14
by FT A, modified only as necessary to identify the affected parties.
Section 41. Incorporation of FTA 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 the FT A terms and conditions.
City 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 FTA.
Section 43. Disadvantaged Business Enterprises: It is the policy of the
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,F, 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.
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.F.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 Laborto be fair and equitable to protect the
15
interests of employees employed under this Agreement, and to meet the employee
protective requirements of 49 U.S.C. 5333(b), and D.O.L. 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 D,O.L. to FTA applicable to County's Grant Agreement with the FTA
related to this Project. The City agrees to carry out the work in compliance with the
conditions stated in the D.O.L. letter, and further agrees that it shall extend and provide to
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/Incorporation 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 provisions 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 or condition. City's
failure to comply with any FT A term or condition 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 the 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 TransitAdministration 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 FT A. The City further agrees to comply with
16
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, color, religion, 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 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
the 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.
17
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 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 it 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
18
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
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)
19
IN WITNESS WHEREOF, the City and County have hereunto set their hands the
day and year above written. R2005'~:'0351 FU I 5 .
.
"PALM BEACH COUNTY, FLORIDA, by its
BOARD OF COUNTY COMMISSIONERS
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(SEAL) 11,.\ ~;¡:o,
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Attest: CITY COMMISSION of the
CITY OF BOYNTON BEACH, FLORIDA
.P~ By }Y7 \r~
MayV
,
Approved as to Form Approved as to Form
and Legal Sufficiency and Legal Sufficiency
&.~ .~~ c:J0 ~ t/s/ ~
City Attorney
County A or
G:\... \DRaney\ABoyntonBeach2005-09.pt.wpd
20
/~t:!\cJ((>, Palm Beach County
~\t ('~' Board of County Commisioners
",: ' '...J ,,;,.'! Tony Masilottî, Chairman
"t(O~IP~/ Addie L Greene, Vice Chairperson
1 Palm Tran _-~"'n,'~n1 r.-r/\ Cq Karen T Marcus
'¿~/r~"( , ".' ~)l c~~'¡~Tc~~' Jeff Koons
\/Varren H Newell
3201 Electronics Way. West Palm Beach, FL 33407... ,. "_ ~ r"\I: 1'3 Mary McCarty
Phone: (561) 841-4200· Fax: (561) 841-4291 [~: c.,' Burt Aaronson
County Administrator
Robert Weisman
---_._--.,~_..
March 3, 2005 MAR - 3 (ODS
Kurt Bressner, City Manager i tJ:r ~
City of Boynton Beach
100 East Boynton Beach Boulevard 011 'riIs~1~'f
Boynton Beach, Florida 33435
Dear Mr. Bressner: Enclosed you will find a fully executed Interlocal Agreement Between the Palm Beach County, Florida
and The City of Boynton Beach for the lease of five (5) wheelchair lift equipped vans, which went before
the Palm Beach County Board of County Commissioners on February 15,2005,
If you have any questions or concerns, please call Mr. Marc Mostoller, Contract Administrator of Palm
Tran, Thank you,
1P4M~
Patricia L. Williams
Executive Secretary
cc: Contract File
An [qual OnlXJltiillity Afirrnati\i(> Actinn E.rnpk'yer
II\/__'J. l1i-dmhdl1 ()r~~