R01-054 RESOLUTION NO. R01-,.~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE AN INTERLOCAL AGREEMENT
PROVIDING FOR THE UNIFORM RESPONSE TO
INCIDENTS INVOLVING TRI-RAIL TRAINS AND FOR
THE EXCHANGE OF INFORMATION BETWEEN THE-
RAIL AUTHORITY AND LAW ENFORCEMENT
AGENCIES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Tri-County Commuter Rail Authority ("Tri-Rail"), trains
operate seven days a week from nineteen (19) train stations along a seventy-one
71) mile rail corridor and service Palm Beach, Broward and Dade Counties; and
WHEREAS, since Tri-Rail currently runs on a single track, investigations
train schedules and passenger service both north and south of the
affected train; and
WHEREAS, the purpose of this Agreement is to establish a uniform
response system to rail incidents involving trains along the corridor in Palm
Beach County;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida
hereby authorizes and directs the Mayor and City Clerk to execute an Interlocal
reement, providing for a uniform response system to rail incidents involving
along the corridor in Palm Beach County, which Agreement is attached
hereto as Exhibit "A".
Section 2. This Resolution shall become effective immediately upon
)assage.
PASSED AND ADOPTED this JO day of March, 2001.
INTERLOCAL AGREEMENT
BETWEEN
COMMUTER RAH, AUTHORITY, PALM
TRI-COUNTY BEACH COUNTY
SHERIFF'S OFFICE, CITY OF MANGONIA PARK, CITY OF WEST PALM BEACH,
CITY OF LAKE CLARKE SHORES, CITY OF LAKE WORTH, CITY OF BOYNTON
BEACH, CITY OF DELRAY BEACH, CITY OF BOCA RATON, CITY OF RIVIERA
BEACH, CITY OF JUPITER, CITY OF PALM BEACH GARDENS, CITY OF LAKE
PARK, CITY OF TEQUESTA, TOWN OF LANTANA, CITY OF BELLE GLADE, CITY
OF PAHOKEE, CITY OF SOUTH BAY AND FLORIDA EAST COAST RAILWAY
WHEREAS, the Tri-County Commuter Rail Authority ("Tri-Rail") trains operate seven
days a week from nineteen (19) train stations along a seventy-one (71) mile rail corridor and
service Palm Beach, Broward and Dade counties;
WHEREAS, in Palm Beach County the rail corridor extends through seven (7)
municipalities including Mangonia Park, West Palm Beach, Lake Clarke Shores, Lake Worth,
Boynton Beach, Dekay Beach, and Boca Raton;
WHEREAS, the law enforcement agencies of these seven municipalities are presently
responsible for the investigation of deaths involving Tri-Rail trains;
WHEREAS, in 1998 there were seven (7) fatalities involving Tri-Rail trains in Palm
Beach County~ and the investigation of the fatalities resulted in 1 ¼ to 2 ½ hour delays in the
resumption of train service;
WHEREAS, Tri-Rail trains could be delayed due to incidents involving Florida East
Coast Industries, Inc. ("FEC") trains, and Tri-Rail has requested FEC to be a part of this
Agreement;
WHEREAS, in Palm Beach County the FEC railway extends as well through the
municipalities of Riviera Beach, Jupiter, Palm Beach Gardens, Lake Park, Tequesta, Lantana,
Belle Glade, Pahokee and South Bay, and the law enforcement agencies of these nine (9)
municipalities are presently responsible for the investigation of deaths involving FEC trains;
WHEREAS, since TH-Rail currently runs on a single track, investigations disrupt train
schedules and passenger service both north and south of the affected train;
NOW, THEREFORE, this Agreement is entered into by and between Tri-Rail, the Palm
Beach County SherifFs Office, the municipalities of Mangonia Park, West Palm Beach, Lake
Clarke Shores, Lake Worth, Boynton Beach, De[ray Beach, Boca Raton, Riviera Beach, Jupiter,
Palm Beach Gardens, Lake Park, Tequesta, Lantana, Belle Glade, Pahokee and South Bay, and
FEC, and in consideration of the mutual promises and covenants herein set forth, the parties
agree as follows:
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I. PURPOSE. The purpose of this Agreement is'to establish a uniform response system to
rail incidents involving trains along the corridor in Palm Beach County. The investigations shall
be made according to the uniform response system to ensure a complete investigation aad an
expeditious return of each affected train to full service as soon as possible.
II. UNIFORM' RESPONSE SYSTEM.
A) The investigation of all rail incidents shall be the responsibility of the first
authorized responding law enforcement agency that exercises criminal jurisdiction at the location
where the incident occurs;
B) Theinvestigations shall be conducted according to standard operating procedures
developed by local law enforcement agencies in Palm Beach County for their investigative
purposes;
C) Rail personnel shall cooperate with the responding law enforcement agency by
providing all information necessary to complete the Train Incident Worksheet, attached hereto as
Exhibit "A," which shall be located on each locomotive;
D) Tri-Rail and the responding law enforcement agency shall work together with Tri-
Rail's current or future Contract Operator (the current Contract Operator is Herzog Transit
Services, Inc.) and its current or furore Security Contractor (the.current Security Contractor is the
Wackenhut Corporation) to expedite active service on the South Florida rail corridor;,
E) Upon execution of this Agreement, FEC and the responding law enforcement
agency shall work together with FEC's operator and security personnel to expedite active service
on the South Florida rail corridor.
III: EFFECTIVE DATE. This Agreanent shall become effective upon the date that the last
party to this Agreement, excluding FEC, executes same. Failure of FEC to execute this
Agreement shall not affect its enforceability as to the other executing parties. This Agreement
shall become effective as to FEC upon its execution of same.
IV. NO WAIVER. No waiver of any provision of this Agreement shall be effective unless it
is in writing and 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 to be
a continuing or future waiver.
V. COUNTERPARTS.' This Agreement may be executed in one or more counterparts, each
of which shall be deemed to be an original, but all of which shall constitute on in the same
agreement.
VI. ENTIRE AGREEMENT. This Agreement incorporates and includes all prior negotiation
and understandings applicable to the matters herein contained. The parties agree that this
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Agreement constitutes the entire understanding and agreement between the parties and
supersedes previous agreements and representations, whether written or oral.
VII. MODIFICATION. This Agreement may not be changed, altered or modified except by
an instrument in writing signed by all parties against whom an enforcement or such change
would be sought.
VIII. NOTICE. When any party desires to give notice to another party, notice shall be written
and sent by registered United States mail, with remm receipt requested, addressed to the party
for whom it is intended at the mailing addresses set forth below, unless such addresses shall have
been changed by written notice. For the present, the parties designate the addresses set forth on
their respective signature pages.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on
the'respective dates under each signature.
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CITY OF BOYNTON BEACH
By: -~
Date: Z~ ~r_ ~ /
Its: /"~~
Address:
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