HomeMy WebLinkAboutCity of Tamarac Resolution R-2013-118Temp. Reso. # 12417
November 13, 2013
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2013
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, APPROVING AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF TAMARAC AND THE
CITY OF NORTH LAUDERDALE PROVIDING FOR FLEET
MAINTENANCE AND REPAIR SERVICES; AUTHORIZING
THE APPROPRIATE CITY OFFICIALS TO EXECUTE SAID
AGREEMENT AND TAKE ALL STEPS NECESSARY TO
EFFECTUATE THE INTENT OF THE RESOLUTION;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Tamarac Public Works Department is responsible for the
maintenance of City -owned vehicles and equipment; and
WHEREAS, the City of North Lauderdale has expressed interest in contracting with
the City of Tamarac for maintenance and repair services of the North Lauderdale Fire
Department Fleet and for the North Lauderdale Public Works Department; and
WHEREAS, the Public Works Director has reviewed the operations and resources
of the Fleet Maintenance Division within the Public Works Department and has determined
it is advantageous to the City to enter into the Interlocal Agreement with North Lauderdale
for said fleet maintenance and repair services; and
WHEREAS, the City of Tamarac and North Lauderdale have negotiated an
Agreement that will provide the aforementioned services in a cost-effective and efficient
manner to North Lauderdale and provide the City of Tamarac reasonable compensation, a
copy of the Agreement is hereto attached as "Exhibit 1 "; and
Temp. Reso. # 12417
November 13, 2013
Page 2
WHEREAS, the Public Services Director and Financial Services Director
recommend approval of the Interlocal Agreement with North Lauderdale for fleet
maintenance and repair services; and
WHEREAS, the City Commission of the City of Tamarac believes the Interlocal
Agreement with the City of North Lauderdale for fleet maintenance and repair services is in
the best interest of the City of Tamarac.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, 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. All Exhibits attached hereto are hereby incorporated herein and
made a specific part of this resolution. ;
SECTION 2: The City Commission hereby approves the Interlocal Agreement
between the City of Tamarac and the City of North Lauderdale providing for fleet
maintenance and repair services for the North Lauderdale Fire Department and North
Lauderdale Public Works Department, attached hereto as "Exhibit 1 ", and authorizes the
appropriate City Officials to accept and execute the Interlocal Agreement, to execute future
renewals provided for in the Agreement assuming all terms and conditions of the
Agreement remain equal, and to take all steps necessary to effectuate the intent of this
resolution.
SECTION I
All Resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
Temp. Reso. # 12417
November 13, 2013
Page 3
SECTION 4: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in
part or application, it shall not affect the validity of the remaining portions or applications of
this Resolution.
SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 13
day of �r�� "72013.
ATTEST:
PATRICIA TEUFEV, CMC
CITY CLERK
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR TALABISCO W-`
AV
DIST 1: COMM. BUSHNI
DIST 2:
DIST 3:
DIST 4:
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
SAMUELoeS. GON
CITY ATTORNEY
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COMM. GLAS%
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INTERLOCAL AGREEMENT BETWEEN THE CITY OF TAMARAC AND THE CITY
OF NORTH LAUDERDALE FOR PUBLIC WORKS AND FIRE FLEET
MAINTENANCE AND REPAIR SERVICES
THIS INTERLOCAL AGREEMENT ("Agreement") made and entered into on the
2)�'- day of 0 w,tffl�gA 2013, by and between:
The CITY OF TAMARAC, a Florida municipal corporation, hereinafter referred
to as "TAMARAC;"
The CITY OF NORTH LAUDERDALE, a Florida municipal corporation,
hereinafter referred to as "NORTH LAUDERDALE." TAMARAC and NORTH
LAUDERDALE may be individually referred to as a "Party" and collectively
referred to as the "PARTIES."
WITNESSETH:
WHEREAS, this Agreement is entered into pursuant to section 163.01, Florida Statutes,
also known as the "Florida Interlocal Cooperation Act of 1969"; and
WHEREAS, TAMARAC and NORTH LAUDERDALE are municipal corporations of
the State of Florida, the powers of which are defined in their respective charters and under State
law; and
WHEREAS, NORTH
LAUDERDALE
has identified a
need
for certain vehicles
maintenance
and
repair services
for its various fire
rescue and
public
works
vehicles;
and
WHEREAS, NORTH LAUDERDALE has previously identified, contracted with, and
developed a working relationship with TAMARAC regarding the use of TAMARA.C's resources
for both in-house and contractual services for preventive maintenance and repair services for its
municipal fire and public works vehicles; and
WHEREAS, the PARTIES desire to continue their contractual relationship through this
Agreement by which TAMARAC will continue to provide preventive maintenance and repair
services for NORTH LAUDERDALE's fleet of fire rescue and public works vehicles pursuant to
the terms and conditions set forth herein; and
WHEREAS, TAMARAC has the experience, expertise, equipment, and materials to
perform said preventive maintenance and repair services as described herein; and
WHEREAS, the PARTIES have determined that this Agreement is in the best interest of
the health, safety, and welfare of the residents within NORTH LAUDERDALE and
TAMARAC.
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NOW THEREFORE, in consideration of the mutual terms, covenants, promises,
covenants, and payments hereinafter set forth, TAMARAC and NORTH LAUDERDALE agree
as follows. -
RECITALS:
The foregoing recitations are true and correct and are hereby incorporated herein by reference.
All exhibits to this Agreement are hereby deemed a part hereof.
DEFINITIONS:
Buses: Shall mean those vehicles designed to accommodate multiple seated and/or standing
passengers. Buses typically seat ten (10) or more passengers seated with an aisle for
standing or walking. For Preventive Maintenance purposes, buses are treated the same
as Heavy Equipment, specifically included in the Agreement per Exhibit "D".
Emergency Services: Shall mean those services for which the Tamarac Technician and/or
towing services is required to do any repairs or services outside of regular business
hours; and shall be invoiced a minimum of three (3) hours overtime labor rate per
Exhibit "A."
Equipment: Shall mean specialized machinery and non -motorized attachments including,
but not limited to, trailers, generators, etc.
Fire -Fighting Equipment: Shall mean any rolling apparatus, appliance, or attachment
intended for use by the a fire service unit in the fire suppression activities including,
but not limited to, fire extinguishers, hoses, ladders, truck -mounted pumps, etc., but
not including any equipment considered to be part of a vehicle's engine.
Garage: Shall mean the City of Tamarac Garage located at 6011 Nob Hill Road, Tamarac,
Florida.
Heavy Equipment: Shall mean heavy-duty equipment designed to perform specific
functions such as carrying heavy loads, excavating, etc. Such equipment, although
generally operated off -road, may be driven on streets, transported by trailer, or towed,
specifically included in this Agreement per Exhibit "D".
Major Repairs: Those repairs including, but not limited to, body work, total engine,
transmission, differential gear assembly, overhaul, and hydraulic system services.
Minor Repairs: Those diagnostic services and repairs including, but not limited to, tune-ups,
alignments, replacement and repair of tires, batteries, mufflers, brakes, alternators,
fuel/water pumps, belts, shocks, struts, ball joints, etc.; air conditioning system,
charging system, fuel system, electrical system, and cooling system services/repairs,
and other similar minor services, but not including any operations considered "Major
Repairs".
Preventive Maintenance: Shall mean those services typically implemented to ensure safety
and avoid major repairs including, but not limited to, periodic oil changes, oil filter
changes, chassis tubes, checking brakes, belts, fluids, wiper blades, and any other
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potentially malfunctioning components. Preventive Maintenance shall be performed
quarterly (four times annually) on Heavy Equipment, based on current use and
industry standards; for Regular Vehicles Preventive Maintenance shall be performed
every four (4) months or 3,000 miles, whichever comes first.
Regular Business Hours: Shall mean hours between 7:00 a.m, and 4:00 p.m. Monday —
Thursday and 7:00 a.m. to 3:00 p.m. Friday, not including scheduled Tamarac
Holidays.
Small Equipment: Shall meant any stationary, hand-held, or accessory equipment designed
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for a specific task, such equipment may be powered by combustion engine, electricity,
compressed air, hydraulic, or other similar means (including, but not limited to,
generators, trimmers, pumps, blowers, push mowers, chain saws, etc.). Small
Equipment shall further include motorized or electric utility vehicles designed to carry
equipment and/or passengers, but not typically intended for street -use (including, but
not limited to, golf carts, Oators, riding mowers, lawn tractors, etc.), specifically
included in this Agreement per Exhibit "E".
Vehicles: Shall mean all North Lauderdale Public Works (NLPW) and North Lauderdale Fire
Department (NLPW) vehicles specifically included in Exhibits "C" and "D" of this
Agreement.
1. SCOPE OF SERVICES
1.1 TAMARAC shall provide Fleet Preventive Maintenance and Repair Services to
NORTH LAUDERDALE PUBLIC WORKS DEPARTMENT (NLPW) and
NORTH LAUDER.DALE FIRE DEPARTMENT (NLFD) consisting of in-house
and contractual services. The labor rate for all work performed by TAMARAC for
routine and emergency services is specifically set' forth in Exhibit "A". For
purposes of this Agreement, Emergency Services shall mean services for which the
TAMARAC technician and/or towing services is required to do any repairs or
services that are required to be provided outside the hours of 7:00 a.m. to 4:00 p.m.,
Monday -- Thursday, 7:00 a.m. to 3 :00 p.m. Friday, or on TAMARAC' S scheduled
holidays.
Annual Cost Adjustment: Beginning at the conclusion of the first year
upon execution of this Agreement and every two (2) years thereafter, the
rates listed in Exhibit "A" shall be increased by the Annual CPI
Adjustment or Annual Salary Adjustment, whichever is greater. In the
event the CPI and Salary Adjustment for the previous twelve (12) months
are negative, there shall be no adjustment to the rates.
1.1.2 Annual CPI Adjustment: As used herein, Annual CPI Adj ustment shall
mean, the increase in the Consumer Price Index (CPI) for US City Average
of "Motor Vehicle Maintenance and Servicing" as published by U.S.
Department of Labor, Bureau of Labor Statistics, or its successor agency
for the latest available twelve (12) months.
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1.1.3 Annual Salary Adjustment: As used herein, Annual Salary Adjustment
shall mean, the annual percentage increase in accordance to any contractual
wage adjustments for TAMARAC employees.
1.1.4 Fair and Reasonable Rates: The City of Tamarac may periodically analyze
the rates, as set forth in Exhibit A and subsequent adjustments per this
Agreement; and analyze the actual costs of providing the services per the
scope of this Agreement. The City of Tamarac reserves the right to apply a
supplemental rate adjustment to the Bi-Annual Rate Adjustment in order to
preserve a reasonable and consistent differential between the rates charged
and actual labor and material costs.
1.1.5 TAMARAC may provide recommendations to NORTH LAUDERDALE,
regarding the replacement cycle of vehicles and equipment serviced under
this Agreement. NORTH LAUDERDALE is not required to implement
such replacement recommendations; however, the Annual Preventive
Maintenance Rate outlined in Exhibit "A" may be subject to revision.
1.2 In-house and Sub -contracted work: Charges for work performed by in-house labor
shall be billed at the tabor rate listed in Exhibit "A", with zero (-0-) markup on
parts. Services provided contractually are listed in Exhibit "B" of this Agreement.
A markup on services of 15% or one (1) hour of labor at the regular labor rate,
whichever is less, will be assessed for the administration and handling of contractual
work listed in Exhibit "B". TAMARAC reserves the right to assign work to its
subcontractors (defined as having an ongoing TAMARAC Contract) without
incurring multiple quotes. Pursuant to City of Tamarac Purchasing Procedures and
City Ordinance, TAMARAC may be required to obtain quotes for work greater than
Two Thousand Five Hundred and 00/100 Dollars ($2,500). In that event,
TAMARAC will provide NORTH LAUDERDALE with copies of said quotes.
TAMARAC reserves the right in its sole discretion to contract for work presently
performed internally if workload or lack of manpower will have a negative impact
on vehicle or equipment downtime. However, no work presently performed
internally shall be contracted out without first providing NORTH LAUDERDALE
the opportunity to bring the vehicle/equipment to another repair shop of NORTH
LAUDERDALE' S choice.
1.3 In the event NORTH LAUDERDALE chooses to bring the vehicle/equipment to
another location for the services outlined herein, NORTH LAUDERDALE shall be
responsible for transporting such vehicle/equipment to such other repair shop and
the only charges from TAMARAC shall be for inspection and evaluation to
ascertain the problem. NORTH LAUDERDALE shall not incur any other charges
from TAMARAC for such decision. NORTH LAUDERDALE shall provide
TAMARAC with documentation of any service or repair provided by a third -party.
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1.4 Preventive Maintenance Services shall be coordinated between the North
Lauderdale Fire Chief, Public works Director, or Designee and the City of Tamarac
Fleet Maintenance Supervisor.
1.5 TAMARAC and NORTH LAUDERDALE agree that the labor rate provided under
this contract is for vehicles and equipment of the type listed in the inventory listed
in Exhibits "C" and `'D" which may change from time to time. Should NORTH
LAUDERDALE provide services that alter the nature of the vehicles and equipment
included in the inventory found in Exhibits "C" and "D" then the PARTIES shall
negotiate a Labor and Annual Preventive Maintenance Rate for said vehicles and
equipment. However, no change in the labor rate, other than the annual CPI
adjustment and annual salary adjustment set forth in Section 1.1 of this Agreement
shall occur without the express written acceptance of the PARTIES. TAMARAC
reserves the right to terminate this Agreement in accordance with Section 7 of this
Agreement should TAMARAC and NORTH LAUDERDALE be unable to
negotiate an acceptable rate. NORTH LAUDERDALE shall make any newly
acquired vehicles available to TAMARAC for inspection prior to putting said
vehicle in service.
1.6 The current budget and cost i"rovided in Exhibit "A." TAMARAC shall no later
than May 3 Is' of each year provide NORTH LAUDERDALE with a schedule p and
budget for required Preventive Maintenance for the upcoming Fiscal Year. The
budget for Preventive Maintenance shall be adjusted accordingly for increases or
decreases in NORTH LAUDERDALE's fleet compliment. For budgetary purposes,
the annual CPI adjustment and annual salary adjustment shall be estimated; the
actual CPI adjustment and actual salary adjustment shall be used implemented in the
annual rate adjustment per section 1.1.
1.7 TAMARAC shall not repair any vehicle or equipment where cost of repair exceeds
Two Thousand Five Hundred and 00/100 Dollars ($2,500.00) without first
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providing NORTH LAUDERDALE a written cost proposal p ro osal for such airs
(including parts and labor) and receiving written approval from NORTH
LAUDERDALE's Fire Chief, Public Works Director, or designee for such repair(s).
NORTH LAUDERDALE shall not be responsible for unauthorized repairs
performed by TAMARAC.
1.7.1 TAMARAC shall deem NORTH LAUDERDALE to have consented to all
repairs less than Two Thousand Five Hundred and 00/ 100 Dollars
($2,500.00) upon executing this Agreement.
1.7.2 Reasonable consent for repairs exceeding Two Thousand Five Hundred and
00/100 Dollars ($2,500.00) shall not be withheld by NORTH
LAUDERDALE. Upon receipt of written cost proposal, NORTH
LAUDERDALE shall have one (1) business day to approve or reject
repair(s). No response to the written proposal shall be deemed to be an
approval of said repair(s).
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1.7.3 In the event NORTH LAUDERDALE desires to secure alternate quotes for
major repairs after the unit has been transported to TAMARAC, NORTH
LAUDERDALE shall be responsible for transporting the vehicle to other
repair shops and at no time shall TAMARAC hold a vehicle for more than
one (1) business day without requesting approval of major repairs from
NORTH LAUDERDALE, subject to approval by TAMARAC.
1.7.4 Per Section 1.10, there shall be no fee incurred if NORTH LAUDERDALE
determines it to be in its best interest to have repair services performed by a
qualified third -party. If such a determination is made by NORTH
LAUDERDALE, then NORTH LAUDERDALE shall provide
documentation of such third -party services as described in section 1.3 of
this Agreement.
1.7. S If TAMARAC deems service to be essential to prevent further property
damage or failure to perform service that would cause unsafe operation of
the unit (e.g., imminent brake failure), NORTH LAUDERDALE shall have
the service performed by TAMARAC or its contractor, or a qualified third -
party. Failure to have such essential service performed may result in
termination of this Agreement. TAMARAC may require NORTH
LAUDERDALE to provide written acknowledgement of non -consent for
essential services, wherein NORTH LAUDERDALE understands and
accepts all liability for refusal of said essential services.
1.7.6 All repair and servicing of all Small Equipment of the type listed in Exhibit
E shall occur at the TAMARAC Fleet Garage. If TAMARAC transports
small equipment to the TAMARAC Fleet Garage for service or repair
NORTH LAUDERDALE will be invoiced for transport per Section 3
(Compensation) of this Agreement. In the event multiple pieces of
equipment are transported to or from the TAMARAC Fleet Garage,
transportation costs shall be invoiced per trip, not an individual charge per
piece of equipment.
1.7.7 Scope of Services shall not include repairs, service, or inspection of
Vehicles, Heavy -Equipment, Fire -Fighting Equipment; and TAMARAC
will not be responsible for the condition, safety, or operation of said Fire -
Fighting Equipment.
1.8 Standard response to a vehicle requiring towing will consist of TAMARAC
dispatching NORTH LAUDERDALE's Towing Service to bring the vehicle to the
TAMARAC Fleet Garage upon which it will be serviced the next business day in
accordance with the terms and conditions of this Agreement.
1.8.1 The TAMARAC
Fleet Maintenance Supervisor or
Designee
shall be
authorized by
NORTH LAUDERDALE to
dispatch
NORTH
Ell
LAUDERDALE's contracted Towing Service to bring vehicles and
equipment listed in Exhibits "C" and "D" of this Agreement that are not
in drivable condition or require service after hours.
1.8.2 NORTH LAUDERDALE shall be responsible for all costs associated with
towing of vehicles and equipment.
1.9 NORTH LAUDERDALE is responsible for fuel and insurance premiums and costs
for the vehicles and equipment in Exhibit "C."
1.10 NORTH LAUDERDALE shall be responsible for performing periodic vehicle
inspection and upkeep per NFPA Standards and/or manufacturer's recommendation
(e.g. visual inspection/monitoring of tire tread, air pressure, fluid levels, belts, etc.)
to ensure safe operation of vehicles and equipment between services and identify
potential service needs (e.g. visible leaks, loose or broken belts, etc.).
1.11 TAMARAC shall provide a quarterly performance report showing the average
amount of time vehicles are out -of -service for Preventive Maintenance, Major
Repairs, and for contractual services performed by TAMARAC sub -contractors.
1.12 NORTH LAUDERDALE shall sign the service ticket before accepting a repaired
vehicle back in service. TAMARAC and NORTH LAUDERDALE shall inspect
vehicles and equipment for any repairable damage (e.g. dents, scratches, etc.),
which may not have been pre-existing to the unit being brought in for service. Any
damage found shall immediately be brought to the attention of the Tamarac Fleet
Services Supervisor.
1.12.1 Prior to accepting or performing any work on a vehicle or equipment at the
Fleet Garage or any other location, TAMARAC and NORTH
LAUDERDALE shall inspect the unit and shall note any repairable damage
(e.g. dents, scratches, etc.). Any such damage shall be deemed to be pre-
existing.
1.12.2 By signing the service ticket accepting a vehicle following any repair or
service, NORTH LAUDERDALE acknowledges that the vehicle has no
unreported repairable damage and shall have no future claims for any pre-
existing repairable damage.
1.12.3 This is a non-exclusive contract. NORTH LAUDERDALE may, in its sole
and absolute discretion, utilize other qualified parties to provide any repair
services provided by TAMARAC if NORTH LAUDERDALE deems it to
be in the best interest of NORTH LAUDERDALE. Any such repairs
performed by a third -party while this Agreement is in effect shall be
reported to TAMARAC per Section 1.3 of this Agreement.
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2. TERM
2.1 This Agreement shall be effective November 1, 2013 upon approval of
TAMARAC's and NORTH LAUDERDALE's City Commissions and shall
continue for a two (2) year term ending on September 30, 2015 (the "Initial Term").
2.2 This Agreement shall continue for additional two (2) year periods after the
conclusion of the Initial Term unless otherwise terminated pursuant to Section 7 of
this Agreement.
3. COMPENSATION
3.1 NORTH LAUDERDALE shall compensate TAMARAC as provided for in the
pricing sheet attached as Exhibit "A."
3.2 TAMARAC shall submit an itemized invoice to NORTH LAUDERDALE, listing
labor and parts per equipment number upon completion of the work performed in-
house. For contractual work, a copy of the invoice from the sub -contractor shall be
provided. Preventive Maintenance shall be billed each month at one -twelfth (1/12)
of the annual fee. As provided for in the pricing sheet attached as Exhibit "A,"
TAMARAC shall submit an invoice of the one-time pre -inspection of all vehicles
and equipment included in Exhibits "C" and "D".
3.3 Emergency services shall be invoiced a minimum of three hours overtime labor rate
per Exhibit "A."
3.4 Labor for all service and repairs performed outside of the Tamarac Fleet Garage
(e.g. road service) will include travel time to and from the service location (portal-
to-portal billing).
3.5 Invoices shall be sent to:
NORTH LAUDERDALE FIRE:
Fire Chief
North Lauderdale Fire Dept.
6151 Bailey Road
North Lauderdale, FL 33068
and/or
NORTH LAUDERDALE PUBLIC WORKS:
Public Works Director
City of North Lauderdale
701 SW 71"Avenue
North Lauderdale, FL 33068
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3.6 NORTH LAUDERDALE shall make payment to TAMARAC within thirty (30)
calendar days after receipt of each invoice. Payment shall be sent to the attention of
City of Tamarac
Attn: Department of Financial Services
Tamarac, Florida 33321
4, INDEMNIFICATION
4.1 In addition to the provisions set forth in Section 6 of this Agreement and to the
extent permitted by law, each Party of this Interlocal Agreement shall indemnify
and hold each other harmless, including its officers, elected officials, employees,
and agents from and against any and all claims, injuries, damages, omissions,
actions, or causes of action arising out, or as a result of the actions of each Party
their agents, employees, contractors, or subcontractors under this Interlocal
Agreement, provided, however, this indemnification shall only be to the extent and
within the limitations of section 768.28, Florida Statutes, as may be amended from
time to time.
5. WARRANTY
5.1 Warranty of Workmanship: TAMARAC warrants all workmanship for a period of
ninety (90) days from date of completion. NORTH LAUDERDALE shall provide
notice of such warranty claims to TAMARAC in writing or via email:
Fleet Maintenance Supervisor COPY Public works Director
City of Tamarac TO City of Tamarac
6011 Mob Hill Road 6011 Nob Hill Road
Tamarac, Florida 33321 Tamarac, Florida 33321
vines@tamarac.org jacks@tamarac.org
5.2 Parts and materials used in conjunction with repair and service as provided in this
Agreement shall remain subject to Manufacturer's Warranty.
6, INSURANCE
6.1 The PARTIES hereto acknowledge that NORTH LAUDERDALE is a self -insured
governmental entity subject to the limitations of Section 768.28, Florida Statues.
NORTH LAUDERDALE shall institute and maintain a fiscally sound and prudent
risk management program with regard to its obligations under this Agreement in
accordance with the provisions of Section 768.28, Florida Statutes, as may be
amended from time to time.
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6.2 The PARTIES hereto acknowledge that TAMARAC is a self -insured governmental
entity subject to the limitations of Section 768.28, Florida Statues. TAMARAC shall
institute and maintain a fiscally sound and prudent risk management program with
regard to its obligations under this Agreement in accordance with the provisions of
Section 768.28, Florida Statutes, as may be amended from time to time.
6.3 NORTH LAUDERDALE shall obtain at NORTH LAUDERDALE' S sole expense
all necessary insurance in such form and amount as required by TAMARAC's Risk
and Safety Manager before beginning work under this Agreement including, but not
limited to, Workers' Compensation, Commercial General Liability, and all other
insurance as required by the TAMARAC. NORTH LAUDERDALE shall maintain
such insurance in full force and effect during the life of this Agreement. NORTH
LAUDERDALE shall provide to TA MARAC's Risk and Safety Manager
certificates of all insurances required under this section prior to beginning any work
under this Agreement. NORTH LAUDERDALE will ensure that all subcontractors
(towing) comply with the above guidelines and will retain all necessary insurance in
full force throughout the term of this agreement.
6.4 NORTH LAUDERDALE shall indemnify and hold TAMARAC harmless for any
damages resulting from failure of NORTH LAUDERDALE to take out and
maintain such insurance. NORTH LAUDERDALE's General Liability Insurance
policies shall be endorsed to add TAMARAC as an additional insured. NORTH
LAUDERDALE shall be responsible for payment of all deductibles and self-
insurance retentions on NORTH LAUDERDALE's Liability Insurance policies.
6.5 The following are required types and minimum limits of insurance coverage, which
NORTH LAUDERDALE agrees to maintain during the term of this contract:
Line of Business/ Coverage Occurrence Aggregate
General Liability $150009000 $21000po
Automobile Liability/Property $1,000,000 $2,0009000
Workers' Compensation Statutory
7, TERMINATION
7.1 Each party is authorized to terminate this Agreement, with or without cause, by
providing the other party sixty (60) days' notice of its intention to terminate the
Agreement.
7.2 TAMARAC may, pursuant to Section 1.6.5 of this Agreement, terminate this
Agreement if NORTH LAUDERDALE fails to have service performed without
which would result in unsafe operation of the unit (e.g. imminent brake failure).
Notice of termination under this Agreement shall be provided by certified mail, return
requested to:
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If to TAMARAC:
Public works Director
City of Tamarac Public Works
6011 Nob Hill Road
Tamarac, FL 33321
If to NORTH LAUDERDALE:
City Manager
City of North Lauderdale
701 S W 71" Avenue
North Lauderdale, FL 33068
8. ASSIGNMENT
COPY City Attorney
TO City of North Lauderdale
701 SW 71 St Avenue
North Lauderdale, FL 33068
8.1 TAMARAC shall not assign or transfer its rights, title, or interests in the Agreement
without NORTH LAUDERDALE's prior written approval.
9. GOVERNING LAW' VENUE
9.1 The validity, construction, and effect of this Agreement shall be governed by the
laws of the State of Florida.
9.2 Any claim, objection, or dispute arising out of the terms of this Agreement shall be
litigated in the Seventeenth Judicial Circuit in and for Broward County, Florida.
10. ENTIRE AGREEMENT
10.1 This Agreement contains the entire understanding of the PARTIES relating to the
subject matter hereof superseding all prior communications between the parties
whether oral or written. This Agreement may not be altered, amended, modified, or
otherwise changed nor may any of the terms hereof be waived, except by a written
instrument executed by both PARTIES. The failure of a Party to seek redress for
violation of or to insist on strict performance of any of the covenants of this
Agreement shall not be construed as a waiver or relinquishment for the future of any
covenant, terns, condition, or election but the same shall continue and remain in full
force and affect.
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11. SEVERABILITY
11.1 Should any part, term, or provision of this Agreement be by a court of competent
jurisdiction decided to be unconstitutional, invalid, illegal, or in conflict with any
law of this State, the validity of the remaining portions or provisions shall not be
affected thereby.
12. NOTICES
12.1 Unless otherwise specified herein, all notices and other communications required or
permitted under this Agreement shall be in writing and given by either
following: (a) hand delivery, (b) registered or certified mail, return
requested, (c) overnight courier, or (d) facsimile to the following individuals:
TAMARAC :
Fleet Maintenance Supervisor COPY Public Works Director
City of Tamarac TO City of Tamarac
6011 Nob Hill Road 6011 Nob Hill Road
Tamarac, Florida 33321 Tamarac, Florida 33321
Phone: 954-597-3730 Phone: 954-597-3734
Fax: 954-597r3720 Fax: 954-597-3710
NORTH LAUDERDALE FIRE:
Fire Chief
North Lauderdale Fire Dept.
6151 Bailey Road
North Lauderdale, FL 33068
Phone:
Fax:
COPY City Attorney
TO City of North Lauderdale
701 SW 71"Avenue
NORTH LAUDERDALE PUBLIC WORKS:
Public 'Works Director COPY
City of North Lauderdale TO
701 S W 71 St Avenue
North Lauderdale, FL 33068
Phone:
Fax:
North Lauderdale; FL 33068
Phone:
Fax:
City Attorney
City of North Lauderdale
701 SW 7 1 " Avenue
North Lauderdale, FL 33068
Phone:
Fax:
of the
receipt
Notice may be provided to such other address as any Party may designate by notice
complying with the terms of this Section. Each such notice shall be deemed delivered on
the date delivered if by personal delivery of overnight courier, on the date upon which the
return receipt is signed or delivery is refused or the notice is designated by the postal
authorities as not deliverable, as the case may be if mailed, or on the date of transmission
with confirmed answer back if by facsimile.
12
IN WITNESS WHEREOF, CITY OF TAMARAC and CITY OF NORTH LAUDERDALE,
FLORIDA, have executed this Agreement the Day and year first above written.
n
T.
PATRICIA TEt1FE
APPROVED AS TO FORM:
T:
T.
BY:
14
ICHAEL C. CERNECH, CITY
CLERK
Y
6 VC
CITY OF NORTH LAUD
BY:
PATRICIA VANCHERI, CITY CL
agolpua
OFFICt OF
11
AS TO FORM:
)MAO
CITt ATtORNEY
AMBREEN BHATTY,
13
AGER
MANAGER
Exhibit A
Annual Preventive Maintenance, and Labor Rate Charges for NLPW and NLFD Vehicles
specifically included in this Agreement:
1.
Annual Preventive Maintenance of NLP W Vehicles
$ 543333.61
inclusive of all parts and labor, but not including cost of
any repairs, major or minor, that are identified as a result
of Preventive Maintenance
2.
Annual Preventive Maintenance of NLFD Vehicles
$14,570.63
inclusive of all parts and labor, but not including cost of
any repairs, major or minor, that are identified as a result
of Preventive Maintenance
3.
Hourly Labor Rate for Regular Time Repairs
$57.65
(7:00 a.m. — 4:00 p.m. Monday — Thursday)
(7:00 a.m. — 3:00 p.m. Friday)
4.
Hourly Labor Rate for Overtime
$ 66.46
(Times outside of regular time, scheduled City of
Tamarac Holidays, and weekends)
5.
Contractual Services performed by City of Tamarac
Contracted Service
Subcontractors
Cost plus 15% or one
hour of regular time
labor ($57.65)
whichever is less
6.
Parts
Cost of parts with
zero (-0-) mark u
14
Exhibit B
CONTRACTUAL SERVICES
CURRENT SERVICES SUBCONTRACTED OUT:
Body Work
Glass Replacement
Major Engine Work
Transmissions
Alignments, Tire Repairs/Replacements
Interior Work
Tinting
Alarms
Decals and Stripping
Bucket Truck repairs & Certifications
Major Hydraulic Repairs
Oxygen Systems
Per this Agreement, the City of Tamarac reserves the right to assign work to its
subcontractors for work presently performed internally if workload or lack of manpower
will have a negative impact on vehicle or equipment downtime.
15
1 0
Exhibit C
Fire Fighting Equipment
North Lauderdale Fire Vehicles Part of Agreement
QTY DESCRIPTION
1 Aerial Truck
2 Engines
4 Rescue Vehicles
2 Ford F-15 4 Pick-up
Should North Lauderdale provide services that alter the nature of vehicles and equipment
included in this inventory, Tamarac and North Lauderdale will negotiate a labor rate for
said vehicles and equipment.
16
Exhibit D
North Lauderdale Public Works Fleet
A-2 2011
Buick
LaCrosse CXS
1 G4GE5ED7BF296445
727VKF
CD-4 2009
Dodge
Charger
2B3KA43009H534072
XA9636
CD-2 2003
Ford
Crown Victoria
2FAFP71W43X198577
222551
CD-3 2004
Ford
Crown Victoria
2FAFP71 W44X157433
227992
CE-95 2011
Ford
Escape
1 FMCUOC75BKC08873
XC9708
CE-96 2011
Ford
Escape
1 FMCUOC74BKC66649
XC7554
CE-98 2011
Ford
Escape
1 FMCUOC70BKC60105
XC9710
CE-99 2011
Ford
Escape
1 FMCUOC76BKC60190
XC9709
CE-97 2012
Ford
Escape
1 FMCUOC74CKB39406
XC9761
F-1 2003
Ford
Crown Victoria
2FAFP71W23X198576
222563
F-2 2006
Ford
F-160 Pickup
1 FTRX12W95NB39970
239821
F-234 2006
Ford
F-150 Pickup
1 FTRX12W46NB36041
232805
F-E34 2002
Pierce
Enforcer
4P1 CT02A52AO02616
215071
F-E44 2003
Pierce
Pumper
4P1 CT02M93AO03621
224440
F-R244 2003
Medtec
E-450 Rescue
1 FDXE45F13HB37292
229198
F-R34 2004
Ford
F-450 Rescue
1 FDXE45P84HB29068
214044
F-R44 2006
Ford
E-450 Rescue
1 FTRX12W46N B36041
232805
F-R5 2009
Ford
F-450 Rescue
1 FDXE45168DBS9764
XC0452
F-S44 2000
Pierce
Pumper/ squirt ladder truck
4P1 CT02MOYA000256
204679
PR -IA 2011
Ford
F-150 Su ercrew
1 FTEW1 CMOBFD22617
XC9755
PR-2 2007
Ford
F-160 Pickup
1 FTRF12V37KB92341
XA6688
PR-3 2007
Ford
F-160 Pickup
1 FTRF12286NB36043
239823
PR-5 2007
Ford
F-160 Pickup
1 FTRF12257KC85111
XA9096
PR-6 2003
Ford
F-250 Super Crew
1 FTNW20L23EC74267
222550
PR-7 2006
Ford
F-160 Pickup
1 FTRF12266NB36042
239822
PR-9 2011
Ford
F-160 Pickup
1 FTEX1 CM2BFA24760
XC7539
PRA 1 2010
Smart
Pasion Coupe_ black
WMEEJ31X69K298198
XB6364
PR-12 2010
Smart
Pasion Coupe red
WMEEJ31 XO9K251510
XB5365
PR-13 1999
Ford
Aerotech Bus
1 FDXE40FSXHB13848
135993
PR-14 2002
Ford
Expedition
1 FMRU15WO2LA03959
200844
PR-15 2012
Ford
Esca e
1 FMCUOC71 CKB62783
XC9752
PR-16 2011
Ford
F-160 Su ercab
1 FTEX1 CM4BFB68746
XC9760
PR-17 2011
Ford
F-150 Su ercab
1 FTEX1 CMXBFB68704
XC9749
PR-18 2014
FORD
F-250 Super Duty
1 FT7X2B62EEA43255
PR-111 1998
Frei htliner
Bus
4UZ6CJAA3WCA40920
48087
PR-222 2001
Frei htliner
Bus
4UZAAXAK12CJ32370
213190
PR-444 2001
Frei htliner
Bus
4UZAAXAK52CJ32372
213189
PR-777 2013
Freightliner
Bus
1 FVACWDU4DHFA0183
XD0562
LtW-1 2011
Ford
Taurus
1 FAHP2EW8BG176530
XC7538
17
PW-2
2003
Ford
Crown Victoria
2FAFP71 W93X198574
222664
PW-3
2011
Ford
F-160 Pickup
1 FTEX1 CM1 BFA49732
XC7537
PW-4
2004
Ford
Crown Victoria
2FAFP71 W64X157434
227996
PW-5
2007
Ford
Taurus
1 FAFP53U97A105180
239331
PW-6
2007
Ford
Ranger_
1 FTYR14U77PA84363
XA8443
CD-1 2003
Ford
Crown Victoria
222563
BM-1
2003
Ford
F-150 Pickup
1 FTRX17233NB39143
222779
BM-2
2002
Ford
F-150 Pickup
1 FTRF17212NB39501
214106
BM-3
2002
Ford
E-250 Van
1 FTNE24L62HB10546
213200
BM-4
2007
Ford
E-350 Van Bucket Truck
1 FTSS34L37DBO9273
XA9094
BM-5
2000
Ford
F-160 Pickup
1 FTZF1724YNB75269
201900
CM-1
2004
Ford
F-260 Pickup 4X4
1 FTNF21 L54ECG65062
227994
CM-2
2007
Ford
F-150 Pickup 4X4
1 FTRF14W37NA37812
XA5687
S-1
2002
Ford
F-150 Pickup_'I
FTRF17232NB39502
213202
S-2
2003
Ford
F-260 Super Crew
1 FTNW20L43EC74268
222784
S-3
1999
Ford
F-150 Pickup
1 FTZF172XXNB26054
135763
S-5
2002
Sterling
Flat Bed
2FZAAMBV82AK05741
210767
S-7
1999
Sterling
Dump Truck
2FZNRJBB9XAA92150
135768
S-36
1997
John Deere
310E Backhoe
T031-OEX834367
S-36
2006
Cat
420 E Backhoe
S-37
1997
John Deere
Loader
T6244HX000067
SW-1
2005
Ford
F-150 Pickup
1 FTRF12295N B39967
232804
SW-2
2006
Ford
F-150 Pickup
1 FTRF12205NB39968
232803
SW-3
2005
Ford
F-160 Picku
1 FTRF12226NB39969
232806
SW4
2011
Ford
F-150 Su ercrew
1 FTEW1 CM6BFD16060
XC9748
SW-5
2011
Ford
F-150 Su ercrew
1 FTEW1 CM6BFC77714
XC9754
SW-6
2011
Ford
F-150 Supercrew
1 FTEW1 CM4BFC77713
XC9753
SW-7 2013
Ford
F-150 Pickup
U-1
2007
Ford
F150 Pickup
1 FTRF12237KC85110
XA8442
U-2
2011
Ford
F-260 Pickup wl Utility Body
1 FDBF2A68BEA09312
XC7540
U-5
2008
Ford
BOX VAN
1 FCLE49L58DA00101
XB1288
USW-1
2004
Ford
F-150 Pickup
2FTRX17254CA63397
227993
USW-2
2003
Ford
F-160 Pickup
1 FTRX17213N B39142
222778
USW-3
2003
Ford
F-150 Pickup
1 FTRX17233NA88964
202695
�.USW-4
2000
Ford
Ranger
1 FTYR14USYTA96559
202459
USW-5
2002
Sterlin
Dump Truck
2FZHANBSX2AK07291
210766
USW-6
2004
Ford
F-160 Pickup
2FTRX17264CA63397
227993
PR-10
2000
Ford
F-150 Pickup
1 FTZF1720YNB75270
201899
Should
forth
Lauderdale
provide
services that
alter
the
nature of vehicles and
equipment included in this inventory, Tamarac and North Lauderdale will negotiate a
labor rate for said vehicles and equipment.
I
f 6
Exhibit E
North Lauderdale Public Works Small Equipment Inventory
SMALL EQUIPMENT
ID
DESCRIPTION
S1
Honda Generator
SL6
Stihl Edger
SL8
Onan Generator
SL011
Hand-held Stihi Blower
SL015
Stihl street saw
SL3
Power gard generator
SL5
Stindawa hedge trimmer
SL7
Northern Pressure Pump
SL9
Echo street saw
SL10
Jack Hammer (sully air)
S111
Jack Hammer (standby hydraulic)
SL12
Jack Hammer (racing hydraulic)
SL012
Brigg 3" mud pump
SL 103B
Brigg 3" mud pump
S114
Mikisa Stone compactor orange
SL15
Stihl street saw
SL23
Hustler 927970 06071751
SL25
Hustler 927475 04091215
SL30
Bomag roller and trailer
SL33
Asphalt tamper Wacher SN90
SL49
Concrete mixer
SL 50
Stihl edger
SES1A
Stihl chain saw
SL52A
Stihl chain saw
SL53
Stihl chain saw
SL58
Kohler pressure cleaner
SL54
Stihl chain saw
SL64
Stihl Edger
SL61
Target concrete saw
SL66
Stihl Edger
SL68
Stihl string trimmer
SL70
1 Billy goat (John deere)
19
SL71
Billy goat (John deere)
S 72
Alegro power flan
SL 78
Stihl
blower
SL82
Stihl
string trimmer
SL 83
Stihi
string trimmer
SL 84
Stihl
string trimmer
SL85
Stihl
hedge trimmer
SL86
Stihl
hedge trimmer
SL90
Stihl
string trimmer
SL91
Stihl
back pack blower
SL92
Stihl
string trimmer
SL93
Stihl
back pack blower
SL94
Stihl
string trimmer
SL95
Stihl
back pack blower
SL96
Stihl
pole saw
SL97
Stihl
edger
SL98
Stihl
edger
SL99
Stihl
edger
SL100
Stihl
chain saw
SL101
Stihl
chain saw
SL102
Stihl
back pack blower
SL103A
Stihl
back pack blower
SL104
Stihl
back pack blower
SL105
Stihl
chain saw
SL106
Stihl
string trimmer
SL107
Stihl
string trimmer
SL108
Stihl
String trimmer
SL109
Stihl
string trimmer
SL110
Stihl
string trimmer
SL111
Stihl
Edger
SL112
Stihl
Edger
SL113
Stihl
Edger
SL114
Stihl
hedge trimmer
SL115
Stihl
tree saw
SL116
Stihl
chain saw
SL178
Mower 48" Hustler Glen 927970 06071718
SL179
Mower 48" Hustler Glen 927970 06071718
SL180
Mower 52" Lazer Glen
CM1
Boat and trailer
CM2
Honda spray pump 5.5
CM3
Stihl
chain saw
20
CM4
Stihl weed trimmer
CM5
Stihl hedge trimmer
CM 6
Stihl tree saw
CM7
Johnson outboard motor
CM8
Stihl string trimmer
CM10
Stihl tree saw
CM 11
Stihl chain saw
CM12
Stihl chain saw
CM13
Stihl chain saw
CM14
Stihl back pack blower
U1
Stihl chain saw
U2
Stihl chain saw
U3
Stihl chain saw
U4
Stihl chain saw
US
Coleman generator (gas)
U6
Stihl street saw
U7
Stihl street saw
U8
Maxa generator
U9
Stihl string trimmer
U10
Stihl string trimmer
U11
String string trimmer
U12
Power air compressor
U14
Stihl street saw
U15
Portable 1/2 HP Pump
U16
Portable 1/2 HP Pump
U17
Coleman generator
U18
Home lite 1" pump
U19
Home lite 1" pump
U20
Stihl chain saw
U22
Stihl street saw
U24
Coleman generator
U25
Stihl street saw
U27
5.5 Honda 3' pump
SU20
Stihl chain saw
SU21
Honda 2' pump
SU26
Mud pump
SL 51B
Mud pump 2" Wecker PD2
SL52B
3"mud pump
SU60
Wack 6" pump
SU70
Wack 6" pump
SU81
Coleman generator (gas)
21
SL80 -
Home lite 3" pump
FM2
Pipe threader
FM5
Electric saw
WP1
Snapper mower
WP3
Hand held blower
W134
Stihl string trimmer
WP5
Stihl edger
EM01
City Hall generator
EM02
Water plant generator
P1
Ford Tractor
P3
Mark
P2
Torro-Reye Lawn Mower 4 Arntons
P5
Kawasaki mule
P6
Torro 3200 work man
P7
Torro workman 3304d spreader
P8
Torro 3500 reel mower
P9
Shindawa mud pump
P10
Maruyama trimmer
P11
Stihl back pack blower
P12
Stihl back pack blower
P13
Stihl chain saw
N1 EgSW1 SW2 WT/NLEQFT PRT1 RRE1
P14
Stihl chain saw
P15
Stihl hedge trimmer
P16
Stihl hedge trimmer
P17
Sthil pole pruner
P18
Titon pro marker
P19
Stihl weed trimmer
P20
Stihl String trimmer
P21
Stihl edger
P22
Stihl edger
P23
Stihl hand blower
P24
Stihl hand blower
P25
3 wheel field rake
P27
Stihl back pack blower
P28
Stihl back pack blower
P29
Echo hand held blower
P30
Bob cat leader #753
P31
Stihl 025 chain saw
P32
Stihl FC 75 edger
P33
Stihl FC 75 edger
22
P34
Stihl FS 85 string trimmer
P35
Stihl FS 85 string trimmer
P43
Edger
P44
52" mower Hamptons Hustler
PI-9
Echo hand held blower
PL18
Stihl chain saw
PL21
Echo hedge trimmer
PL22
Echo string trimmer
PL57
SUN chain saw
PL13
Green machine string trimmer
PL13
Echo weed trimmer
PL14
Smithco spray rig
P36
Parks Makita generator
PL40
Echo string trimmer
PL60
Stihl chain saw
P68
Toro ground master 52" P67 30230 90139
P69
Toro ground master 72"
P70
Ground master 223-D lawn tractor
P71
Hustler 92711104090717
PL86
Echo string trimmer
PL88
Echo mud pump
PR12
Back pack blower
PR13
Back pack blower
PR15
Wagner line
PR18
Chain saw
P R20
weed wa cke r
PR 21
Weed wacker
PR 22
Blower
PR44
Edger
PR45
Edger
PR48
Chain saw
PR49
Chain saw
PR50
Edger
PR51
Edger
PR61
Echo hand held blower
PR62
Echo hand held blower
PR63
Echo hand held blower
PR64
Echo hand held blower
PR65
Stihl back pack blower
PR67
Stihl string trimmer
PR70
Stihl chain saw
23
PR71
Stihl chain saw
PR89
Irrigation pump
PR127
Power pruner
P R480
Trimmer
PR148
Chain saw
PL85
Echo string trimmer
H3
General pole digger
HL9
Snapper push mower
HL11
Echo Edge trimmer
HL12
Johnson outboard
HL57
Stihl chain saw
P65
Stihl back blower
PL68
Stihl chain saw
PL69
Bear cat chipper
PL72
Club car
PL75
Harvestor ditch witch
PL5
Club car
PL3
Jacobson truf cat
PL17
Jake turf cat
PL28
Stihl Edger
PL33
Stihl Edger
PL45
60" Jacobson turf cat
PL49
Echo power blower
PL48
Echo power blower
PW AIR
Air Compressor
CS40
Vac Machine ATLV
NEW
MOWERS
_
NLEQJD01
tc920ak010211 Johndeer
NLEQJD02
tc99zsc056396 Johndeer
NLEQJD03
tc920ak010764 Johndeer '
N LEQJ D04
tc920ak010206 Johndeer
NLEOJD05
tc920ak010295 Johndeer
NLEQJD06
tc920ak010298 Johndoor
NEW
TRAILERS
NLPWTI
1S9001629A1303537 Suncoast
NLPWT2
1S9001622A1303539 Suncoast
NLPWT3
1S9001620A1303538 Suncoast
24