R93-101 RESOLUTION NO. R93-/~/
A RESOLUTION OF THE CITY CO~ISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF BoYNTON
BEACH AND THE SOLID WASTE AUTHORITY OF
PALM BEACH COUNTY, TO LEASE WITH OPTION
TO PURCHASE A FRONT END LOADER FOR THE
COMMERCIAL RECYCLING PROGR~, AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on May 4, 1993, the City commission of the City
of Boynton Beach authorized the lease purchase of a 1992 Front
Loader from the Solid Waste Authority; and
· Florida Statutes, encourages the
WHEREAS, Chapter 403~ _ ~ ~ -~ ,~thoritv~ to enter
solid Waste Authority of Palm ~eacn ~ounu~ %~ ~,
into interlocal agreements with municipalities to ensure
recycling activities; and
WHEREAS, the City Commission has determined that it is in
the best interestS of the citizens and residents of the City as
well as beneficial to its recycling program to~lease with an
option to purchase such personal property by entering into this
Agreement.
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, does hereby authorize and direct the Mayor and
City Clerk to execute the Interlocal Agreement between the City
of Boynton Beach and the Solid Waste Authority of Palm Beach
County, attached hereto as Exhibit "A".
PASSED AND ADOPTED this ~ day of July, 1993.
CITY OF BOYNTON BEACH, FLORIDA
Mayo~ ~
%TTEST:
Ci~'~ Clerk
(Corporate Seal)
Authsig.wp5
InterAgr. Rcy
Commiss~
INTERLOCAL AGREEMENT FOR LEASE OF EQUIPMENT
THIS AGREEMENT made and entered into this day of _, 1993 by
and between the SOLID WASTE AUTHORITY OF PALM BEACH COUNTY, an
independent special district created pursuam to Chapter 75-473, Laws of Florida, as
amended, hereinafter called "Authority", and the CITY OF BoYIqTON BEACH, municipal
corporation, chartered and organized in accordance with the laws of the State of Florida,
hereinafter called "City", to lease with an option to purchase an Authority recycling vehicle
known as a Front End Loader, hereinafter called "Equipment", in accordance with Chapter
403, Part IV, Fla. Stat.
WHEREAS, the Authority has been empowered by law and through interlocal
agreement to carry out the powers, obligations and requirements in Palm Beach County,
Florida, prescribed to a "county" pursuant to the provisions of Chapter 403, Part IV, Fla.
Stat.; and
WHEREAS, Chapter 403, Fla. Stat. encourages the Authority to enter into interlocal
agreements with municipalities to ensure recycling activities; and
WHEREAS, City is authorized by law to acquire such items of personal property as
are needed to carry out its recycling activities, and to lease with an option to purchase such
personal property by entering into this Agreement; and
WHEREAS, City has determined that it is beneficial for its recycling program to lease
with an option to purchase under this Agreement the Equipment with a value of $88,035.20.
NOW, THEREFORE, for and in consideration of the mutual promises contained
herein, the Authority and City agree as follows:
Section 1A--Definltions.
Unless the context otherwise requires, the terms de£med in this Section shall, for all
purposes of this Lease and Exhibits attached hereto, have the meaning herein specified.
(a) Equipment; One (1) 1992 Front End Loader vehicle identification No.
4V2DCFME1NN653624 (SWA Asset No. 21501), which is being leased by City pursuant
to this Interlocal Agreement.
(b) N_e, LP_ml:m~ Any insurance proceeds paid with respect to the Equipment
remaining after payment therefrom of all expenses incurred in the collection thereof.
(c) State: The State of Florida
(d) State and Federal Law or Laws; The constitution and any applicable law of
the State and any applicable rule or regulation of any agency or political subdivision of the
State; and any applicable law of the United States, and any applicable rule or regulation of
any Federal agency,
Section 1.2--Exhibit.
The following exhibit is attached to and by reference made a part of this Agreement:
Exhibit A: A Certification of Acceptance of City indicating that the Equipment has
been received and accepted by City and that the City has obtained insurance or provided the
self-insurance on or with respect to the Equipment required by this Interlocal Lease
Agreement.
Section 2.1--Representations, Covenants and Warranties of City
(a) City is authorized under the Constitution and laws of the State to enter into
this Agreement and the transactions contemplated hereby, and to perform all of its
obligations hereunder.
(b) The officers of City executing this Agreement have been duly authorized to
execute and deliver this Agreement under the terms and provisions of a resolution of City's
governing body, and by other appropriate official actions.
(c) City will not pledge, mortgage or assign the Equipment or this Agreement, or
its duties and obligations hereunder to any other person, fn'm or corporation.
(d) The Equipment will be used during the Term of the Lease only to carry out
recycling or solid waste activities of City.
(e) Upon the delivery and acceptance of the Equipment, City will provide to the
Authority a Certificate of Acceptance in the form attached hereto as Exhibit A.
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Section 2.2--representations, Covenants and Warranties of Authority.
Authority represents, covenants and warrants as follows;
Authority is an independent special district created by Chapter #75-473, Laws of
Florida, as amended; has power to enter into this Lease; is possessed of full power to own
and hold personal property, and to lease the same; is the sole owner of Equipment; and has
duly authorized the execution and delivery of this Agreement.
Section 3.1--Lease
Authority hereby leases the Equipment to City, and City hereby leases the Equipment
from Authority, upon the terms and conditions set forth in this Agreement.
Section 3:2--Authority Access to F. quipment
The City agrees that Authority shall have the right at all reasonable times to examine
and inspect the Equipment. City further- agrees that Authority shall have such rights of
access to the Equipment as may be reasonably necessary to cause the proper maintenance
of the Equipment in the event of failure by City to perform its obligations hereunder.
Section 4.1--Agreement Tern~
This Agreement shall be in effect for a term commencing upon its date of execution
and ending three (3) years hence.
City may terminate this Agreement upon thirty (30) days written notice and may
thereafter return the Equipment to Authority in the same condition the Equipment was in
at delivery to the City with no further obligation hereunder.
INSURANCE AND INDEMNIFICATION
Section 5.1-Automobile Liability Insurance.
City shall maintain automobile liability insurance with bodily injury limits of not less
than $100,000 for each person and not less than $100,000 for each accident and with
property damage limits of not less than $100,000 for each accident.
Section 5.2--Automobile Physical Damage ln.qurance.
Upon receipt of possession of the Equipment or any portion thereof, City shall have
and assume the risk of loss with respect thereto. Unless self-insurance is provided by City,
as evidenced by a written certificate specifying the terms and amounts thereof delivered to
Authority, City shall procure and maintain continuously in effect during the Term of the
Agreement, all-risk insurance, subject only to the standard exclusions contained in the policy,
in such amount as will be at least sufficient to cover the cash value of the Equipment in case
of damage or loss. Such insurance may be provided by a rider to an existing policy or under
a separate policy. Such insurance may be written with customary deductible amount. The
Net Proceeds of insurance or self-insurance required by this Section shall be applied to the
prompt repmr, restoration or replacement of the Equipment, or to the purpose of
Equipment, as provided in Section 5.5 Any Net Proceeds not needed for those purposes
shall be paid to City.
Section 5.3--Requirements For All Insurance.
All insurance policies (or riders) required by this Article shall be taken out and
maintained with insurance companies authorized t9 do business in the State of Florida; and
shall contain a provision that the insurer shall not cancel or revise coverage thereunder
without giving written notice to the insured parties at least thirty (30) days before the
cancellation or revision becomes effective; and shall name the Authority as an additionally
insured party on the policies (and riders) evidencing any such insurance procured by it, or
a certificate or certificates of the respective insurers stating that such insurance is in full force
and effect. Before the expiration of any such policy (or rider), City shall furnish to
Authority evidence that the policy has been renewed or replaced by another policy
conforming to the provisions of this Article, unless such insurance is no longer obtainable
in which event City shall notify Authority of this fact.
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Section 5.4--Indemnification
City agrees to protect, defend, indemnify, and hold harmless the Authority, its
employees and representatives, from any and all claim.~ and liabilities including an attorney's
fees and court costs, including appeals, for which the Authority, its employees and
representatives, can or may be held liable as a result of injury (including death) to persons
or damage to property occurring by reason of any negligent acts or omi.~sions of City, its
employees, or agents, arising out of or connected with this Agreement.
Section 5.5--Damage to or Destruction of Equipment
If, after delivery of the Equipment to City, all or any part of the Equipment is lost,
stolen, destroyed or damaged beyond repair, and such equipment is replaced, such
replacement Equipment shall be substituted in this Agreement by endorsement. The Net
Proceeds of all insurance payable with respect to the damaged or destroyed Equipment shall
be available to City and shall be used to discharge City's obligation under this Section. On
such payment, this Agreement shall terminate solely with respect to such damaged or
destroyed Equipment and City thereupon shall become entitled to such damaged or
destroyed Equipment AS IS, WITHOUT WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE OR FITNESS FOR THE USE CONTEMPLATED BY CITY,
except that such damaged or destroyed Equipment shall not be subject to any lien or
encumbrance created by arising through Authority.
Section 6.1--Equipment Compensation.
The equipment rent shall be the f~xed price of $22,008.80 per year for three years, for
a total lease price of $66,026.40. Payment of the first yearly $22,008.80 lease payment shall
be due thirty (30) days after the effective date of this agreement. Each of the two subsequent
lease payments shall be due thirty days (30) after the first and second anniversary of the
effective date of this agreement. At the end of three years, should the City decide to
purchase the equipment, the City will pay the Authority an additional $22,008.80 within
thirty (30) days. If any of the payments are late, a late fee of 1.5% of the payment due shall
be assessed for each day that it is late.
Section 6.2--Use; Permits.
City shall exercise due care in the use, operation and maintenance of the Equipment,
and shall not use or operate the Equipment improperly, carelessly, in violation of any State
and Federal law or for a purpose or in a manner contrary to that contemplated by this
Agreement. City shall obtain all permits and licenses necessary for the operation, possession
and use of the Equipment City shall comply with all State and Federal laws applicable to
use, possession and operation of the Equipment, and if compliance with any such State and
Federal law requires changes or additions to be made to the Equipment, such changes or
additions shall be made by City at its expense.
Section 6.3-*Maintenance of Equipment by City.
City shall, at its own expense, maintain, preserve and keep the Equipment in the
condition it is at delivery and shall, from time to time, make repairs and replacements
necessary to keep the Equipment in such condition. Authority shall have no responsibility
for any of these repairs or replacements.
Section 6.4--Liens.
During the Term of this Agreement, City shall not, directly or indirectly, create, incur,
assume or suffer to exist any mortgage, pledge, lien, charge, enca~mbrance or claim on or
with respect to the Equipment, and if a lien of any kind attributable to City should attach
to the Equipment, City shall promptly satisfy same and obtain a discharge of same.
EQUIPMENT WARRANTIES
Section 7.1--lnst~llation and Maintenance of Equipment.
Authority shall have no obligation to test, inspect, service or maintain the Equipment
under any circumstances, but such actions shall be the obligation of City.
Section 7.2--Disclaimer of Warranties.
THE EQUIPMENT IS DELIVERED AS IS, AND AUTHORITY MAKES NO
WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE
VALUE, DESIGN, CONDITION, MERCHANTABILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE OR FITNESS FOR THE USE CONTEMPLATED BY CITY
OF THE EQUIPMENT, OR ANY OTHER REPRESENTATION OR WARRANTY
WITH RESPECT TO THE EQUIPMENT.
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ADMINISTRATIVE PROVISIONS
Section & 1--Seventbility.
In the event any provision of this Agreement shall be held invalid or unenforceable
by any court of competent jurisdiction, such holding shall-not invalidate or render
unenforceable any other provision hereof.
Section g.2--Amendments, Changes and Modifications
This Agreement may be amended or any of its terms modified only by written
document duly authorized, executed and delivered by Authority and City.
Section g.3--Captions.
The captions or heading in this Agreement are for convenience only and in no way
define, limit or describe the scope or intent of a provision, Article, Section or Clause of this
Agreeanent.
Section 8.4--Further Assurances and Corrective Instorm~nts.
Authority and City agree that they will, from time to time, execute, acknowledge and
deliver, or cause to be executed, acknowledge and delivered, such supplements hereto and
such further instruments as may reasonably be required for correcting any inadequate or
incorrect description of the Equipment hereby leased or intended so to be, for indicating the
commencement Date and for carrying out the expressed intention of the Agreement.
Section 8.5--Applicable Law.
This Agreement shall be governed by and construed in accordance with the laws of
the State of Florida.
Section 8.6--Notices.
All formal notices effecting the provisions of this Agreement shall be delivered in
person or be sent by registered or certified mail to the individual designated below, until
such lime as either party furnishes the other party written instructions to contact another
individual:
For Authority:
Solid Waste Authority of Palm Beach County
7501 North Jog Road
West Palm Beach, FL 33412
Attention: Executive Director
For the City:
City of Boynton Beach
120 East Boynton Beach Blvd.
Boynton Beach, FL 33435
Attention: City Manager
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IN WITNESS WHEREOF, the parties hereto have entered into this Agreement
effective as of the day and year first above written.
WITNESSES:
As to the Authority:
SOLID WASTE AUTHORITY OF
PALM BEACH COUNTY
Approved as to form and legal sufficiency:
Authority Counsel -
By:
Donald M. Locldaart
Executive Director
WITNESSES:
By: I
Ci~y~ttorney
1 ~egal sufficiency:
As to the City:
Mayor
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CERTIFICATE OF ACCEPTANCE
I, the undersigned, HEREBY CERTIFY that I am a duly authorized officer of the
City of Boynton Beach (City), and with respect to the Interlocal Agreement for Lease of
Equipment, dated , by and between the City and the Solid Waste
Authority of Palm Beach County, certify that:
1, The Equipment described in the Interlocal Agreement has been received and
accepted by the City.
2. City has provided self-insurance or has obtained from a reputable insurance
company qualified to do business in the State of Florida, insurance required by this
Agreement.
DATED:
VIN #4V2DCFME1NN653624
City:
CITY OF BOYNTON BEACH
By:
Public Works Director
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