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R11-0351 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 RESOLUTION NO. R11- O 35 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 1 TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY, FLORIDA, EXTENDING THE TERM TO JANUARY 1, 2016, REPLACING THE EXISTING BUSES AND INCREASING THE TOTAL LEASE FEE FROM $40 TO $70; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in February, 2009, the parties entered into an Interlocal Agreement under which the County leased to the City four (4) transit coaches purchased through a United States Department of Transportation Federal Transit Administration grant; and WHEREAS, the County is replacing the buses currently leased to the City and extending the term of the agreement for an additional three years; and WHEREAS, the County is increasing the lease fee from $40.00 to $70.00; and WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon recommendation of staff, has deemed it to be in the best interests of the citizens and residents of the City of Boynton Beach to enter into Amendment No. I to Interlocal Agreement between the City of Boynton Beach and Palm Beach County, Florida, said Agreement being attached hereto as Exhibit "A ". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission hereby approves and authorizes the Mayor I and City Clerk to execute Amendment No. 1 to Interlocal Agreement between the City of 2 Boynton Beach and Palm Beach County for the City to continue to lease four (4) transit 3 coaches at the lease fee of Seventy ($70.00) dollars, extending the term from January 1, 4 2013 to January 1, 2016, a copy of Amendment No. 1 to Interlocal Agreement being 5 i attached hereto as Exhibit "A ". 6 Section 3. That this Resolution shall become effective immediately upon 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 29 30 31 32 33 34 35 passage. PASSED AND ADOPTED this ISf day of March, 2011. CITY,aOF BOYNTON BEACH, FLORIDA Vice ene Ross Commis ' er — William Or �Q Commissioner — Woodrow 1 ATTEST: L' ane M. Prainito, MMC i Clerk ss>oner - PBC Transit Coach (1 st Amendment) 2011.doc fjl.,.o?;5 R 2 0 '11 &i 0 6 81 HAY 0 3 2011 Amendment No.1 to Interlocal Agreement for Transit Coaches THIS AMENDMENT No.1 is made and entered into this q-th dayof~2011, by and between Palm Beach County, Fi. , a political subdivision of the Sate of Florida (the COUNTY) and the City of Boynton Beach, Fi. (the CITY) to amend the Interlocal Agreement between the parties dated April 7,2009 (R2009-0593) (the Agreement) for the lease offour (4) transit coaches by the City. WHEREAS, the leased coaches (buses) are nearing the end of their useful lives; and WHEREAS, the COUNTY has received a grant from the Federal Transit Authority (FT A) of which up to $490,445 is earmarked for the CITY's use for bus and bus facilities; and WHEREAS, the useful life of new buses will extend beyond the current term of the Agreement; and WHEREAS, the parties desire to replace the existing buses and extend the term of the Agreement for an additional three years; NOW THEREFOR the COUNTY and the CITY agree to amend the Agreement of April 7, 2009 as follows: 1 a. The CITY will continue to lease and operate the 4 buses currently in service under Section 6 of the Agreement until such time as the COUNTY notifies the CITY that the new buses to be procured by the COUNTY, substantially as described in Exhibit 1 of this Amendment, are ready for delivery. (Estimated delivery dates are in April 2011 ) b. Upon notice from the COUNTY that a new bus (s) is/are ready for delivery the CITY will return a currently leased buses) to the COUNTY at a location specified by the COUNTY and inspect and accept delivery of the replacement buses). c. The acceptance ofthe new buses) shall be documented by a completed and signed form substantially as set forth in Exhibit 2.of this Amendment. d. In Section 6 of the Agreement, the last sentence is revised by deleting the amount of "Forty Dollars ($40.00)" and substituting the amount of "Seventy Dollars ($70.00)". 2. Section 25. Effective Date, Term and Renewal is hereby deleted and replaced with the following: "This Agreement shall take' effect upon January 2,2009 and shall remain in full force and effect for a period of seven (7) years expiring on January I, 2016, unless sooner terminated or extended by acts of the parties." 3. In Section 41. The current version of FT A Circular 4220 is revised to "F" 4. Section 49 is deleted and replaced with the following: "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, familial status. l~olor. religion, disability. handicap. age. manta! status, national origin or ancestn . 5. Seat Belt Use The city is encouraged to adopt and promote on-the-job seat belt use policle~ and programs for its employees and other personnel that operate City owned or leased vehiclc~. the public transit vehicles provided under this Agreement or their own personal vehicles. 6. Inspector General- Palm Beach County has established the Office of the Inspector General pursuant to Ordinance No. 2009-049, as it may be amended. The Inspector General (lG) is authorized and empowered to review past, present and proposed County contracts, transactions. accounts and records. Ordinance No. 2009-049 requires parties contracting with the County to fully cooperate with the IG. The K; has the power to subpoena witnesses, administer oaths and require the production ofrecords, and to audit, investigate, monitor, and inspect the activities uf the parties, their officers. agents, employees, and lobbyists in order to ensure compliance whit contract requirements and detect corruption, waste and fraud. A violation of Ordinance No. 2009-049 is punishable. pursuant to Section 125.h9 F.S.. in the same manner as a second degree misdemeanor 7. Except as expressly modified above. the Agreement of April 7. 2009 is hereby confirmed and remains in full force and effect. IN WITNESS WHEREOF, the parties have made and executed this Amendment no. I as of the date first set forth above. R i ! 11 ";",.< . '," '. ., \C." U 6 81 MAY () 3 2011 ATTEST: . PALM BECH COUNTY, FLORIDA by its '" \' "i' Sharon R, Bock, CI~_~~omp~r~Il€~-1. BOAR9 07 COUNTY COMMISSIONERS \'t. ~..,. I / ':: ' (".. ~-==_.., . ...> ......._._.~._._..._....... v:;" . rcus Chair '?> 1Jt - ATTEST:'" CITY OF BOYNTON BEACH, FLORIDA BT1n"~ Hy . C rk Mayor Approved as to Form~pproved as to Tt<I11l:> An~ L~l Sufficiency :wnd Condition,S' . ~- r "/" 'ou~ AS --- .~ - , Chuck to~e;;:ixWtv;;;::;::pa'm T ran Exhibit 1. Description of City of Bovnton Beach Small Buses The four vehicles are twenty-six foot twenty passenger low-floor with full air ride suspension} kneeling feature} and theater seating with two wheelchair positions custom built bus body on chassis medium- light duty rated vehicles with the following features. SPECIFICATIONS I EQUIPMENT . GM cutaway Chassis . Engine - Gasoline 6.0l Vortec V-8 . Transmission - 4 speed automatic transmission . Body Width - 9611 . Body Height 11011 . Interior Height 7711 minimum . Brakes ABS disc front & rear . Tires- lT225/75R16 . Front Door Opening 39}' - electric operation . 145 amp alternator . All steel tubular steel cage construction with E-Coat for corrosion protection . 57 gallon fuel tank . Tilt steering wheel . 12 V 770 CCA battery . 5/8" engineered wood floor} poly urea sprayed undercoating and edges . Poly Urea interior floor coating . Stainless Steel safety stanchions . Ricon BR2C-02 wheel chair ramp with interlock . Interior drivers rear view mirror -.. .-. - ~ . - . . High back driver's seat . Driver HVAC . Window behind driver . Solid passenger windows . Seamless fiberglass walls and ceiling with AZDEL substrate . Cruse Control . Engine driven air pump . LED exterior and interior lights . Fuel tank access panel . 80,000 BTU AIC system . Rear emergency door . Mid- High Back passengers seats equipped with seat belts EXHIBIT ~ Delivery and Acceptance of Transit Coaches County has delivered to City and City has accepted the following vehicles to be used only In accordance with the terms and conditions of the InteriocaI Agreement betNeen the Cit! of BoyntOn Beach and Palm Beach County. Description otVehicles: Make Make Model Model . " Year Year Vln# VIn# capacity . CapacitY. Engine Type and ., Engine Type and # Equipment . Equipment Condition Condition Odometer Reading Odometer Reading Make Make Model Model Year Year Viol Vin# Capacity Capacity Engine Type and # Engine Type and., Equipment Equipment Condition Condition Odometer Reading Odometer Reading City acknowledges that It has inspected the vehicles and that It has accepted each one and found It to be In good and satisfactory concfltlon. City acknowledges that the transit CO'aches and InstaUed equipment is ofa size, design, capacity, construction and manufacturer satisfactory to City and suitable for CIty's intended use. County has not made and does not make any representation, warranty, or covenant, express or implied, with respect to the fibless, merchantability 1 design, construction, capacity, suitability of performance of the vehicles and equipment provided hereunder. CIty of BoynVJn Beach Paim Beach County, Ronda By: (Signature) (Date) z... (Print Name) Title The City of Boynton 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.fl.us www.boynton-beach.org MEMORANDUM TO: Wally Majors Recreation Director FROM: Janet M. Prainito City Clerk DATE: March 10, 2011 SUBJECT: R11-035 Interlocal Agreement For Palm Tran The resolution and agreement mentioned above was approved by the City Commission at their regular meeting held on March 1, 2011. Please have the attached agreements signed by Palm Beach County and Palm Tran and return one original to me for Central File. Thank you. ________________________________ Attachments (4) (3 Agreements & Resolution) C: Central File S:\CC\WP\AFTER COMMISSION\Departmental Transmittals\2011\Wally Majors R11-035.doc America’s Gateway to the Gulfstream