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Fleet Management Equipment Lease Agreement - PDF by ssz11705

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									                           PALM BEACHCOUNTY
                      BOARD OF COUNTY COMMISSIONERS
                          AGENDA ITEM SUMMARY


Meeting Date:    March 17, 2OOg               lXlConsent    ilRegular
                                             [ | Ordinance U Public Hearing

Department: Facilities Development & Operations


                               I. EXECUTIVEBRIEF


Motion and Title: Staff lecommends motion to approve: Interlocal Agreement with
the Village of Welfington (Village)for the County to leaseand maintain a fuel control
readerat the Village'spublic works facility.


Summary: Since 1990 Fleet Managementhas leasedfuel managementequipmentto
the Vallage Wdllington. The terms of the lease requirethe County to provide and
            of
maintain the fuel control reader, provide fuel access cards, and monthly fuel
accountingto the Village. In exchange,the Villagepays equipmentrental fees and for
any services provided by the County. In addition, the Agreement provides that the
Villagewill allow PBSOto fuel at this location,which benefitslaw enforcementefforts.
 The term of this Agreementcommenceson May 2O, 2OO9and continuesfor a five (51
year period and provides for two l2l - five (5) year renewals upon request by the
Village and acceptanceby the Bcc. lFleet ManagementlDistrict 6 (JM)


Backgroundand Justification: The Division of Fleet Management has leased this
equipmentto the Village.ofWellingtondating back to october 1, 1ggo.




Attachments:

    InterlocalAgreement
                                    II.    FISCALIMPACTAN&YSIS
Five     Year    Summary o f    Fiscal     Impact.:

Fiscal     Years                     2009                2010                         20]-2           2013
Capital     Expenditures                 -0-            -0-                          -0-            -0-


Operating        Costs             l,zl@.            2,qV2-        2t+Ae-         2'+6L             zwL
External        Revenues           (t,2]-6)            (2 ,432)    (2 ,432)         (2 ,432)        (2 .432)


Program Income County)              -0-                 -0-
                           I

In-Kind     Match    (County)       -0-                 -0-          -0-             -0-


NET FISCAL        IMPACT            -0-              ____ !        _____a_ ____a_

# ADDITIONALFTE
POSITIONS(Cumulative)


ls ltem Includedin'CurrentBudget?              yes            No

BudgetAccount No: Fund 5OOO Department 410
                                     -t1,1g>                       Unit 71OO Object 9101
                 fir^d Soco D€1p+                                  Cln* rzao       Ob;. va'na.>s
B. Recommended
             Sources of Funds/Summary Fiscallmpact:
                                     of




C. DepartmentalFiscal Review:

                                          III. REVIEW
                                                    COMMENTS:

A.       OFMBFiscal
                  and/orcontract Development controrcomments:
                                           &




                                                                                 complies
                                                                     This Contract       with our
                                                                            reviewrequirements'
                                                                     contract




c.       Other Department Review:
                         INTERLOCAL AGREEMENT BETWEEN
                                PALM BEACH COUNTY
                                       AND
                             VILLAGE OF WELLINGTON

      THIS INTERLOCAL AGREEMENT. made and enteredinto this                 day of
      , 2009, by and between the COUNTY OF PALM BEACH, by its Board of County
Commissioners,("COLINTY") and the VILLAGE of Wellington, a unit of government duly
incorporated December 1995,("VILLAGE")
           on         31,

                                    WITNESSETH

       WHEREAS, Section 163, Florida Statutes,(Florida Interlocal CooperationAct of 1969) as
amended,authorizeslocal governmentalunits to make the most efficient use of their powers by
enablingthem to cooperate
                        with eachother on a basisof mutual advantage;
                                                                    and

       WHEREAS, Chapter 125, Florida Statutes,as amended,empowersthe COTINTY to enter
into agreements with other governmental  units for the joint performanceor performanoe one unit
                                                                                      by
in behalf of the other of their authorizedfunctions, and empowersthe COUNTY to establishand
administer programsand projectswith other governmental      entities;and

       WHEREAS, the COLTNTY has available a Fuel Pump Control/Readerwhich VILLAGE
desires useand leasefrom the COIINTY.
       to

       NOW THEREFORE, in considerationof these               and the mutual promises contained
herein,the partiesagreeas follows:

l).    EOUIPMENT
               AND SERMCES BE FURNISHED COUNTY:
                         TO            BY

       a)     The COUNTY leases VILLAGE one (1) E.J. Ward Fuel Control Reader,including
                                to
              key pad, card reader and software, to interface with the COUNTY's Fleet
              Management Computer.

      b).     The COLINTY will provide all normal maintenance serviceand partsrequiredduring
              the term of this agreement.
                                        Repairsrequiredas a result of accident,vandalism,actsof
              God, etc., will be made only at VILLAGE's requestand expense,if necessary   parts
              are availableto the COLINTY.

       c).    The COUNTY will provide and enoodedatacardsfor VILLAGE's personneland
              equipment when required and authorized by VILLAGE.
         d).    TheCOUNTYwill provideVILLAGE with detailed   monthlyconsumptionreports
 in the same formatit uses COUNTYpurposes.
                         for                 Sample reports havebeenprovided VILLAGE
                                                                            to
andareacceptable them.Thereports
                   to             will alsoindicateusage the PalmBeachCountySheriffs
                                                         by
Department. copyof the SheriffsDepartment
             A                            usage reportwill alsobeprovided the COUNTY
                                                                         by
to the SheriffsOffice.



2).    PAYMENTSAND SERVICES VILLAGE
                          BY


        a). VILLAGE shall pay to the COLTNTYfor leaseof the equipmentand the other services
to be provided hereunder sum of$14,592, dueand payablemonthly in advancein the amountof
                         the
$304 on the l't day of eaohmonth. Paymentsshall be madeto the County FinanceDepartment,301
North Olive Avenue, West Palm Beach,Florida 33401.

        b). VILLAGE shall be responsible providing a suitable,coveredlocation approvedby the
                                        for
COUNTY for the equipmentand for its installationtherein.VILLAGE shall provide, at its expense,
                                                                                             a
dedicated telephone line connecting the equipment to the Fleet Management Computer and all
electricity neededto operatethe equipment.Relocation of the equipmentshall be made only upon
written approvalof the COUNTY.

        c). VILLAGE shall allow use of the equipment and the fuel pumps by the Palm Beach
County Sheriffs Office. Arrangementsfor payment for fuel used shall be solely between the
Sheriff s Offrce andVILIAGE.

      In addition, upon request,VILLAGE will authorizeuse by other COLTNTYdepartments  in
emergency situations; subject to appropriate anangement being established for payment for
consumed fuel.

3).    TERM OF AGREEMENT

       The initial term of this Agreementis for up to five (5) yearsand shall commenceon May 20,
2009. Subjectto a mutual agreement to the charges
                                     as               during the renewalperiod, the Agreementmay
be renewedfor two (5) year terms thereafter.At least six months prior to the expiration of this
Agreemenfs term, the VILLAGE shall provide the COUNTY with a request to renew this
Agreement.Such RenewalAmendmentwill require approvalof both partiesand the COUNTY may
not unreasonably withhold its approvalof the RenewalAmendment.
4).    IDENTIFICATION AND OWNERSHIP

         The equipment  will be clearly taggedor markedas the propefiy of Palm BeachCounty (Palm
Beach County, Property No. 90101) VILLAGE shall not remove or cover said identification.The
equipmentshall at all times remain the sole property of Palm Beach County. VILLAGE shall not loan,
sell, assign, mortgage equipment permi it to be subject any legalprocess.
            or'          the            or                    to

5).    RISK OF LOSS. DAMAGE AND LIABILITY

        a). VILLAGE agreesto return the equipmentin the samecondition, lessreasonable   wear and tear,
as when deliveredhereunder.The currentreplacement                            is        In
                                                    value of the equipment $11,000. the eventof
lossor damages the equipment
                to             from any causewhatsoever   (otherthanwiilful actionof the COUNTY or
COUNTY employees), including without limitation; fire, flood, theft, vandalism,actsof God and damage
throughwillful or negligent
                          actsof others,
                                       VILLAGE shallpromptlyrepairor replace equipment. its
                                                                                  the           At
option, VILLAGE may within 30 days of the damage, pay the COUNTY the depreciated          value of the
equipment this Agreement
            and             shallbe terminated.


        b). Each parly shall be liable for its own actionsand negligence and,to the extentpermittedby
law, the VILLAGE shall indemnify,defendand hold harmless COUNTY againstany actions,claims
                                                               the
or damages  arising out of the VILLAGE's negligencein connectionwith this Agreement,and COUNTY
shall indemnifr, defendandhold harmless VILLAGE against
                                             the                 any actions,claims,or damagesarising
out of the County'snegligence connection
                                 in             with this Agreement.The foregoingindemnification shall
not constitutea waiver of sovereignimmunity beyondthe limits set forth in Florida Statutes768.28,nor
shall the samebe construed constituteagreement either party to indemnifu the other for suchother
                              to                      by
party'snegligent, willful or intentional
                                       actsor omissions.

       c). The terms and conditions of this InteroperabilityAgreementincorporateall the rights,
responsibilities, obligations the partiesto eachother.The remedies
                and          of                                   providedhereinare exclusive.
The COUNTY and VILLAGE waive all remedies,including, but not limited to, consequential     and
incidental
         damages.

6).    TERMTNATTON

        This Agreementmay be terminated,without cause,by either party upon six monthsprior written
noticeto the other.

        It may also be terminatedby either party in the eventof a default by the other party in any of the
terms,conditions obligationsset forth herein,which defaultis not corrected
                   or                                                            within 30 daysfollowing
written notice of the condition of default. In the event of termination as provided herein, the COUNTY
may, without further notice or other action, enter upon VILLAGE property for the purposeof removing
the equipment.
7).    TAXES

       In addition to the paymentsunder paragraph2), hereof,VILLAGE shall pay upon demand
any and all taxes, chargesfor licenses,permits or other chargesimposed by any governmental
authority on this lease,the leasepaymentsor the equipmentand servicesprovided by the COUNTY
hereunder.

8).    ASSTGNMENT

       This Agreementand the dutiesand obligationshereunder
                                                          may not be transferredor assigned
by either party.

9).    PERFORMANCEAND DELAYS

        The COUNTY will make all reasonableefforts to promptly respond to requests for
maintenance repair service,normally within two (2) hours.However,the COUNTY is providing
             and
the equipmentand serviceshereunderas a convenience VILLAGE, the COUNTY shall not be in
                                                         to
default and assumes liability to VILLAGE for failure of the equipmentto perform, delays in
                      no
maintenance  due to shortageof parts, or for any other causebeyondthe control of the COUNTY;
including, but not limited to actsof God, naturalor public healthemergencies,
                                                                            labor disputes,
                                                                                          freight
embargos,  abnormallysevereor unusualweatherconditions.

      When the equipmentis out of service,VILLAGE will maintain manual records,copies of
which will be provided to the COUNTY for data entry into the computerized records and
consumptionreports.

10). WARRANTY

     The COUNTY warrants that it has good title to the equipment. ALL OTIIER
WARRANTIES,INCLUDING THE WARRANTIESOF MERCHANTABILITYAND FITNESS
FORA PARTICULARPURPOSE  ARE EXPRESSLY   EXCLUDED.
r 1). NOTTCE:

        All notice required in this Contractshall be sent by certified mail, retum receipt requested,
and if sentto the COUNTY shall be mailed to:
       Facilities Development & OperationsDepartrnent
       Attn: Director
       2633Vista Parkway
       WestPalmBeachFL 33411

      PBC Fleet Management
      Attn: Director
      2601 Vista Parkway
      WestPalmBeach.  FL.33411

and if sentto VILLAGE shall be mailed to:
              'Fluery,
       Mitch           Director
       Public Works Department
  .    14000 Greenbriar Blvd.
       Wellington,FL 33414




                          (Remainder pageintentionallyleft blank)
                                   of
        IN WITNESSWHEREOF,the Boardof CountyCommissioners PalmBeachCounty,Florida
                                                                  of
hasmadeand executed  this Contracton behalf of the COUNTY and VILLAGE hashereuntoset its hand
the day andyear abovewritten.


ATTEST:
SHARONRBOCK                                       PALM BEACH COUNTY, BOARD OF
CLERK& COMPTROLLER                                COI.JNTYCOMMISSIONERS



By:                                               By:
       DeputyClerk                                      JohnF. Koons,Chairman




APPROVEDAS TO FORM AND                             APPROVEDAS TO TERMS
LEGAL SUFFICIENCY                                  AND CONDITIONS



By:
       Ass;tCountyAttorney
                                                                 , Facilit




ATTEST:
      VILLAGECLERK



       Village Clerk

                                                         Darell       Bowen
                                                         (Name:type or print)
                                                         lvlayor
APPROVEDAS TO FORM
LEGAL                                                    Title

By:
              Attorney


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