HomeMy WebLinkAboutCity of Tamarac Resolution R-2011-110Temp. Reso. # 12089
September 14, 2011
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CITY OF TAMARAC, FLORIDA
I
RESOLUTION NO. R-2011 — /
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, APPROVING TWO (2)
INTERLOCAL AGREEMENTS 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 FOR THE NORTH LAUDERDALE
PUBLIC WORKS DEPARTMENT; AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE SAID
AGREEMENTS 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 Agreements 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
Temp. Reso. # 12089
September 14, 2011
Page 2
copy of the Agreements are hereto attached as "Exhibits 1 and 2"; and
WHEREAS, the Public Works Director and Financial Services Director recommend
approval of the Interlocal Agreements with North Lauderdale for fleet maintenance and
repair services; and
WHEREAS, the City Commission of the City of Tamarac believes an 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
Agreements 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 "Exhibit 2", and
authorizes the appropriate City Officials to accept and execute the Interlocal Agreements,
to execute future renewals provided for in the respective Agreements assuming all terms
and conditions of the Agreements remain equal, and to take all steps necessary to
effectuate the intent of this resolution.
SECTION 3: All Resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
Temp. Reso. # 12089
September 14, 2011
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 L day of f "�',2011.
ATTES .
PETER M. J. RICH AD N, CRM, CMC
CITY CLERK.
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A, . 90
Cam.'
ESTABLISHED • o
1963
SEAL 'O
rii�i���
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM.
SAMUEL S. GOREN
CITY ATTORNEY
PAMELA BUSHNELL
RECORD OF COMMISSION VOTE:
MAYOR BUSHNELL
DIST 1: COMM. SWENS_
DIST 2: V/M GOMEZ .-
DIST 3: COMM. GLASS
DIST 4: COMM. DRESS LE
•
INTERLOCAL AGREEMENT BETWEEN THE CITY OF TAMARAC AND THE
CITY OF NORTH LAUDERDALE FOR PUBLIC WORKS FLEET MAINTENANCE
AND REPAIR SERVICES
THIS INTERLOCAL AGREEMENT made and entered into on the day
of r.A.4t,.4 2011, by and between:
The CITY OF TAMARAC, a Florida municipal corporation, hereinafter
referred to as "TAMARAC";
,. m
The CITY OF NORTH LAUDERDALE, a Florida municipal
corporation, hereinafter referred to as "NORTH LAUDERDALE".
TAMARAC and NORTH LAUDERDALE may be collectively referred
to as the "PARTIES".
NOW THEREFORE, in consideration of the mutual terms, covenants, promises,
and payments hereinafter set forth, TAMARAC and NORTH LAUDERDALE agree as
follows:
DEFINITIONS:
Buses: Shall mean those vehicles designed to accommodate multiple seated and/or
standing passengers. Buses typically seat ten (10) or more passengers seated in
rows with an aisle for standing or walking. For Preventative Maintenance
purposes, buses are treated the same as Heavy Equipment, specifically
included in this Agreement per Exhibit C.
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 hours
overtime labor rate per "Exhibit A".
Equipment: Shall mean specialized machinery and non -motorized attachments
including, but not limited to, trailers, generators, etc.
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 C.
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September 14, 2011
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, s stemcharging system, fuel system, electrical system, and
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cooling system services/repairs, and other similar minor services, but not
including any operations considered "Major Repairs".
Preventative 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 lubes, checking brakes, belts, fluids, wiper
blades, and any other potentially malfunctioning components. Preventative
Maintenance shall be performed quarterly (four times annually) on Heavy
Equipment; for regular vehicles Preventative 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 mean any stationary, hand-held, or accessory equipment
designed 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,
Gators, riding mowers, lawn tractors, etc.), specifically included in this
Agreement per Exhibit D.
Vehicles: Shall mean all North Lauderdale Public Works Department vehicles
specifically included in this Agreement per Exhibit C.
1. SCOPE OF SERVICES
1.1 TAMARAC shall provide Fleet Preventive Maintenance and Repair
Services to NORTH LAUDERDALE PUBLIC WORKS DEPARTMENT
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.
1.1.1 Annual Cost Adjustment: Beginning the first year upon renewal of
this Agreement and annually thereafter, the rates listed in "Exhibit
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September 14, 2011
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 months are negative,
there shall be no adjustment to the rates.
1.1.2 Annual CPI Adjustment: As used herein, Annual CPI Adjustment
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) month period ending June of each year.
1.1.3 Annual Salga Adjustment: As used herein, Annual Salary
Adjustment shall mean, the annual percentage increase in
accordance to any contractual wage adjustments for TAMARAC
general employees.
1.1.4 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 per 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 labor rate listed in "Exhibit A", with zero (-0-)
markup on parts. Services provided contractually are listed in "Exhibit B".
A markup on services of 15% or one 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. Per City of Tamarac
Purchasing Procedures and City Ordinance, TAMARAC may be required to
obtain quotes for work greater than $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 elsewhere, 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
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September 14, 2011
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.
1.4 Preventive Maintenance Services shall be coordinated between the North
Lauderdale 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 found in Exhibits C and D of this Agreement 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 of this Agreement, TAMARAC and
NORTH LAUDERDALE will 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, shall occur without the expressed written
acceptance of both parties. TAMARAC reserves the right to terminate this
Agreement in accordance with Section 7 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 is provided in "Exhibit A." TAMARAC shall
no later than May 31 St of each year, provide NORTH LAUDERDALE with
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a schedule and budget for required Preventative Maintenance for the
upcoming Fiscal Year. The budget for Preventative 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 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 $2,500 without first providing NORTH LAUDERDALE a written
cost proposal for such repairs (including parts and labor) and receiving
written approval from NORTH LAUDERDALE's 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 $2,500 upon executing this
Agreement.
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September 14, 2011
1.7.2 Reasonable consent for repairs exceeding $2,500 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).
1.7.3 In the event NORTH LAUDERDALE desires to secure alternate
quotes for major repairs after the unit has been transported to
TIC, 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. 1. there shall be no fee incurred if NORTH
LAUDERDALE determines it to be in their best interest to have
repair services performed by a qualified third -party, except for fees
for inspection and evaluation per Section 1.3 of this Agreement,
NORTH LAUDERDALE shall provide documentation of such
third -party services per section 1.3.
1.7.5 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 the
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 D" shall occur at the TAMARAC Fleet Garage. If
TAMARAC transports small equipment to 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 together to or from the TAMARAC Fleet Garage,
transportation costs shall be invoiced per trip, not an individual
charge per piece of equipment.
1.8 Standard response to a vehicle requiring towing will consist of TAMARAC
or NORTH LAUDERDALE dispatching NORTH LAUDERDALE's
Towing Service to bring the vehicle to the TAMARAC Fleet Garage upon
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September 14, 2011
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
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 of the
vehicles and equipment in Exhibits C and D of this Agreement.
1.10 NORTH LAUDERDALE shall be responsible for performing periodic
vehicle inspection and upkeep per 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.
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September 14, 2011
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3
1.13 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.
TERM
2.1 This Agreement shall be effective for one (1) year beginning October lst,
2011 upon approval of TAMARAC's and NORTH LAUDERDALE's City
Commissions and shall be eligible for two (2) one-year renewals unless
otherwise terminated pursuant to Section 7 of this Agreement.
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. Preventative Maintenance shall be billed
each month at 1 / 12 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 "Exhibit C".
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 Public Works Department
701 SW 71 St Avenue
North Lauderdale, Florida 33068
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
7525 NW 881h Avenue
Tamarac, Florida 33321
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September 14, 2011
11
5
0
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 save each other harmless, including its officers, employees
and agents from and against, any and all claims, injuries, damages,
omissions, penalties, judgments, and liability, 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.
5.1 Warranty of Workman_ ship: 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 Nob Hill Road 6011 Nob Hill Road
Tamarac, Florida 33321 Tamarac, Florida 33321
vinces@,tamarac.org iacksatamarac.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.
INSURANCE
6.1 The parties hereto acknowledge that NORTH LAUDERDALE is a
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.
6.2 The parties hereto acknowledge that TAMARAC is a 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.
6.3 NORTH LAUDERDALE shall obtain at NORTH LAUDERDALE' S
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
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September 14, 2011
City. NORTH LAUDERDALE shall maintain such insurance in full force
and effect during the life of this Agreement. NORTH LAUDERDALE shall
provide to TAMARAC' 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 the City of 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 Occurrence Aggregate
General Liability $150005000 $2001000
Automobile Liability/Property $170005000 $23,0005000
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 shall be provided by certified mail, return requested to:
Notice to TAMARAC shall be provided to:
Public Works Director
City of Tamarac Public Works
6011 Nob Hill Road
Tamarac, Florida 33321
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September 14, 2011
Notice to NORTH LAUDERDALE shall be provided to:
Public Works Director COPY City Attorney
North Lauderdale Public Works TO City of North Lauderdale701
SW 71St Avenue 701 SW 71St Avenue
North Lauderdale, FL 33068
8 ASSIGNMENT
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, term,
condition or election but the same shall continue and remain in full force
and affect.
11 SEVERABILITY
11.1 Should any part, term or provision of this Agreement be by the courts
decided to be 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:
hand delivery:
registered or certified mail, return receipt requested;
overnight courier, or
facsimile to:
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September 14, 2011
CITY OF TAMARAC:
Fleet Maintenance Supervisor COPY
City of Tamarac
6011 Nob Hill Road
Tamarac, Florida 33321
Phone: 954-597-3730
Fax: 954-597-3720
NORTH LAUDERDALE:
Public Works Director
North Lauderdale Public Works
701 SW 71 Sr Avenue
Lauderdale, Florida 33068
Phone: 954-724-7070
Fax: 954-720-2064
Public Works Director
TO City of Tamarac
6011 Nob Hill Road
Tamarac, Florida 33321
Phone: 954-597-3734
Fax: 954-597-3710
COPY City Attorney
TO City of North Lauderdale
701 SW 7Is' Avenue North
North Lauderdale, FL 33068
Phone: 954-771-4500
Fax: 954-771-4923
or 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; and
on the date of transmission with confirmed answer back if by fax.
Remainder of Page Intentionally Blank
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September 14, 2011
IN WITNESS WHEREOF, CITY OF TAMARAC and CITY OF NORTH
LAUDERDALE, FLORIDA, have executed this Agreement the Day and year first above
written.
0
PETER RIC
ON, CITY
APPROVED AS TO FORM:
X
MICHAEL CERNECH, CITY
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CLE
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OFFICE OF THE CITY ATTORNEY ► ���
BY:
ATTEST:
CITY OF NORT LAUDERDALE:
A w I j
AMBREEN BHA
PATRICIA VANCHERI, CITY CLERK
APPROVED.
OFFICE
TTORNEY
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15
, CITY MANAGER
AGER
September 14, 2011
Exhibit A to the Agreement between the City of Tamarac and
City of North Lauderdale for Fleet Maintenance Services for
the North Lauderdale Public Works Department
Annual Preventive Maintenance, and Labor Rate Charges for NLPW Vehicles
specifically included in this Agreement:
1.
Annual Preventive Maintenance of NLPW Vehicles, as
$ 53,13 8.00
listed in Exhibit C of this Agreement, inclusive of all
parts, labor, and pick-up and delivery of vehicles from
Public Works yard for preventative maintenance only,
but not including cost of any repairs, major or minor, that
are identified as a result of Preventive Maintenance
2.
Hourly Labor Rate for Regular Time Repairs
$55.00
(7:00 a.m. -- 4:00 p.m. Monday -- Thursday)
(7:00 a.m. -- 3:00 p.m. Friday)
3.
Hourly Labor Rate for Overtime
$65.00
(Times outside of regular time, scheduled City of
Tamarac Holidays, and weekends)
4.
Contractual Services performed by City of Tamarac
Contracted Service
Subcontractors
Cost plus 15 % or one
hour of regular time
labor ($55.00)
whichever is less
5.
Parts
Cost of parts with
zero -0-) mark up I
16
September 14, 2011
Exhibit B to the Agreement between the City of Tamarac and City
of North Lauderdale for Fleet Maintenance Services for the North
Lauderdale Public Works Department
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.
17
September 14, 2011
41
Exhibit C to the Agreement between the City of Tamarac and City
of North Lauderdale for Fleet Maintenance Services for the North
Lauderdale Public Works/Utilities and Parks Departments
Vehicles associated with this agreement
A-2
2011
Buick
LaCrosse CXS
1 G4GE5ED7BF296445
727VKF
CD-1
2003
Ford
Crown Victoria
2FAFP71W23X198576
222553
CD-2
2003
Ford
Crown Victoria
2FAFP71 W43X198577
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
2004
Ford
F-150 Pickup
2FTRX17254CA63397
227993
PRA
2009
Dodge
Charger
2B3KA43009H534072
XA9636
PR-2
2007
Ford
F-150 Pickup
1 FTRF12V37KB92341
XA5688
PR-3
2007
Ford
F-150 Pickup
1 FTRF12286NB36043
239823
PR-4
2002
Ford
F-150 Pickup
1 FTRF17252NB39503
213201
PR-5
2007
Ford
F-150 Pickup
1 FTNW201-23EC74267
XA9096
PR-6
2003
Ford
F-250 Super Crew
1 FTRF12257KC85111
222550
PR-7
2006
Ford
F-150 Pickup
1 FTRF12266NB36042
239822
PR-8
1999
Ford
F-150 Pickup
1 FTZF1723XNB25056
135765
PR-9
2011
Ford
F-150 Pickup
1 FTEX1 CM2BFA24760
PR-10
2000
Ford
F-150 Pickup
1 FTZF1720YNB75270
201899
PRA 1
2010
Smart
Pasion Coupe (black)
WMEEJ31X69K298198
XB5354
PR-12
2010
Smart
Pasion Coupe (red)
WMEEJ31 XO9K251510
XB5355
PR-13
1999
Ford
Aerotech Bus
1 FDXE40F5XHB13848
135993
PR-14
2002
Ford
Expedition
1 FMR415WO2LA03959
200844
PRA 11
1998
Freightliner
Bus
4UZ6CJAA3WCA40920
48087
PR-222
2001
Freightliner
Bus
4UZAAXAK12CJ32370
213190
PR-333
2001
Freightliner
Bus
4UZAAXAK32CJ32371
213187
PR-444
2001
Freightliner
Bus
4UZAAXAK52CJ32372
213189
PR-555
2001
Freightliner
Bus
4UZAAXAK72CJ32373
213188
PW-1
2011
Ford
Taurus
1 FAHP2EW8BG176530
PW-2
2003
Ford
Crown Victoria
2FAFP71 W93X198574
222554
PW-3
2011
Ford
F-150 Pickup
1 FTEX1 CM 1 BFA49732
PW-4
2004
Ford
Crown Victoria
2FAFP71 W64X157434
227995
PW-5
2007
Ford
Taurus
1
FAFP53U97A105180
239331
M
September 14, 2011
PW-1
2011
Ford
Taurus
1 FAH P2 EW8 BG 176530
PW-2
2003
Ford
Crown Victoria
2FAFP71 W93X198574
222554
PW-3
2011
Ford
F-150 Pickup
1 FTEX1 CM 1 BFA49732
PW-4
2004
Ford
Crown Victoria
2FAFP71 W64X157434
227995
PW-5
2007
Ford
Taurus
1 FAFP53U97A105180
239331
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 FTNE241-62HB10546
213200
BM-4
2007
Ford
E-350 Van Bucket Truck
1 FTSS34L37DB09273
XA9094
BM-5
2000
Ford
F-150 Pickup
1 FTZF 1 724YN B75269
201900
CM-1
2004
Ford
F-250 Pickup 4X4
1 FTNF21 L54ECG65062
227994
CM-2
2007
Ford
F-150 Pickup 4X4
1 FTRF14W37NA37812
XA5687
S-1
2002
Ford
F-150 Pickup
1 FTRF17232NB39502
213202
S-2
2003
Ford
F-250 Super Crew
1 FTNW20L43EC74268
222784
S-3
1999
Ford
F-150 Pickup
1 FTZF 1 72XXN B25054
135763
S-4
2007
Ford
Ranger
1 FTYR14U77PA84363
XA8443
S-5
2002
Sterling
Fiat Bed
2FZAAMBV82AK05741
210767
S-6
2002
Sterling
Dump Truck
2FZHANBSX2AK07291
210766
S-7
1999
Sterling
Dump Truck
2FZNRJBB9XAA92150
135768
S-35
1997
John Deere
310E Backhoe
T031OEX834367
S-36
2006
Cat
420 E Backhoe
S-37
1997
John Deere
Loader
T6244HX000067
SW-1
2005
Ford
F-150 Pickup
1 FTRF12295NB39967
232804
SW-2
2005
Ford
F-150 Pickup
1 FTRF12205NB39968
232803
SW-3
2005
Ford
F-150 Pickup
1 FTRF12225NB39969
232806
U-1
2007
Ford
F150 Pickup
1 FTRF1 2237KC851 10
XA8442
U-2
2011
Ford
F-250 Pickup w/ Utility Body
1 FDBF2A68BEA09312
U-3
2002
Ford
F150 Pickup
1 FTRF1727NB39504
213203
U-4
1999
Ford
VAN
1 FTNE24L2XHA93705
135767
U-5
2008
Ford
BOX VAN
1 FCLE49L58DA00101
XB1288
U-6
1999
Ford
F-350
1
FDWF32L2XED59683
135780
Heavy Vehicles include all buses and vehicles S-5, S-6, S-7, S-35, S-36, and S-37
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.
19
September 14, 2011
19
Exhibit D to the Agreement between the City of Tamarac and City
of North Lauderdale for Fleet Maintenance Services for the North
Lauderdale Public Works/Utilities and Parks Departments
North Lauderdale Public Works Small Equipment Part of Agreement
SMALL EQUIPMENT
ID
DESCRIPTION
S1
Honda Generator
SL6
Stihl Edger
SL8
Onan Generator
SL011
Hand-held Stihl Blower
SL015
Stihl street saw
SL3
Power Bard generator
SL5
Stindawa hedge trimmer
SO
Northern Pressure Pump
SL9
Echo street saw
SL10
Jack Hammer (sully air)
SL11
Jack Hammer (standby hydraulic)
SL12
Jack Hammer (racing hydraulic)
S1012
Brigg 3" mud pump
SL 1036
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
SL51A
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
S168
Stihl string trimmer
SUO
Billy goat (John deere)
20
September 14, 2011
SL71
Billy goat (john deere)
S 72
Alegro power fan
SL 78
SUN
blower
SL82
SUN
string trimmer
SL 83
SUN
string trimmer
SL 84
SUN
string trimmer
SL85
SUN
hedge trimmer
SL86
SUN
hedge trimmer
SL90
SUN
string trimmer
SL91
SUN
back pack blower
SL92
SUN
string trimmer
SL93
SUN
back pack blower
SL94
SUN
string trimmer
SL95
SUN
back pack blower
SL96
SUN
pole saw
SL97
SUN
edger
SL98
SUN
edger
SL99
SUN
edger
SL100
SUN
chain saw
SL101
SUN
chain saw
SL102
SUN
back pack blower
SL103A
SUN
back pack blower
SL104
Stihl
back pack blower
SL105
SUN
chain saw
SL106
SUN
string trimmer
SL107
SUN
string trimmer
SL108
SUN
String trimmer
SL109
SUN
string trimmer
SL110
SUN
string trimmer
SL111
SUN
Edger
SL112
SUN
Edger
SL113
SUN
Edger
SL114
SUN
hedge trimmer
SL115
SUN
tree saw
SL116
SUN
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
21
September 14, 2011
CM4
SUN weed trimmer
CM5
Stihl hedge trimmer
CM6
Stihl tree saw
CM7
Johnson outboard motor
CM8
Stihl string trimmer
CM 10
Stihl tree saw
CM11
Stihl chain saw
CM12
SUN chain saw
CM13
SUN chain saw
CM14
SUN back pack blower
U1
SUN chain saw
U2
SUN chain saw
U3
SUN chain saw
U4
SUN chain saw
U5
Coleman generator (gas)
U6
SUN street saw
U7
SUN street saw
U8
Maxa generator
U9
SUN string trimmer
U10
SUN 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
SUN chain saw
U22
SUN 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)
22
September 14, 2011
SL80
Home lite 3" pump
FM2
Pipe threader
FM5
Electric saw
WP1
Snapper mower
WP3
Hand held blower
WP4
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 Amtons
P5
Kawasaki mule
P6
Torro 3200 work man
P7
Torro workman 3300d spreader
P8
Torro 3500 reel mower
P9
Shindawa mud pump
P10
Maruyama trimmer
P11
Stihl back pack blower
P12
SUN 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
SUN weed trimmer
P20
Stihl String trimmer
P21
SUN edger
P22
Stihl edger
P23
SUN 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
SUN 025 chain saw
P32
SUN FC 75 edger
P33
Stihl FC 75 edger
23
September 14, 2011
P34
SUN FS 85 string trimmer
P35
SUN FS 85 string trimmer
P43
Edger
P44
52" mower Hamptons Hustler
PL9
Echo hand held blower
PL18
Stihl chain saw
PL21
Echo hedge trimmer
PL22
Echo string trimmer
PL57
Stihl chain saw
PL13
Green machine string trimmer
PL13
Echo weed trimmer
PL14
Smithco spray rig
P36
Parks Makita generator
PL40
Echo string trimmer
PL60
SUN 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
PR20
Weed wacker
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
Stihi string trimmer
PR70 =Stihi
chain saw
24
September 14, 2011
PR71
Stihl chain saw
PR89
Irrigation pump
PR127
Power pruner
PR480
Trimmer
PR148
Chain saw
PL85
Echo string trimmer
H3
General pole digger
HL9
Snapper push mower
HL11
Echo Edge trimmer
HL12
Johnson outboard
HL57
SUN chain saw
P65
Stihl back blower
PL68
SUN chain saw
PL69
Bear cat chipper
PL72
Club car
PL75
Harvestor ditch witch
PI-5
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
NLEQJD04
tc920ak010206 Johndeer
NLEQJD05
tc920ak010295 Johndeer
NLEQJD06
tc920ak010298 Johndoor
NEW
TRAILERS
NLPWTI
1S9001629A1303537 Suncoast
NLPWT2
1S9001622A1303539 Suncoast
NLPW73
1S9001620A1303538 Suncoast
25
September 14, 2011
4`
r.
INTERLOCAL AGREEMENT BETWEEN THE CITY OF TAMARAC AND THE
CITY OF NORTH LAUDERDALE FOR FIRE FLEET MAINTENANCE AND
REPAIR SERVICES
THIS INTERLOCAL AGREEMENT made and entered into on the a ;Z day
of , 2011, by and between:
The CITY OF TAMARAC, a Florida municipal corporation, hereinafter
referred to as "TAMARAC";
m
The CITY OF NORTH LAUDERDALE, a Florida municipal
corporation, hereinafter referred to as "NORTH LAUDERDALE".
TAMARAC and NORTH LAUDERDALE may be collectively referred
to as the "PARTIES".
NOW THEREFORE, in consideration of the mutual terms, covenants, promises,
and payments hereinafter set forth, TAMARAC and NORTH LAUDERDALE agree as
follows:
DEFINITIONS:
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 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.
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
3
September 14, 2011
I
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".
Preventative 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 lubes, checking brakes, belts, fluids, wiper
blades, and any other potentially malfunctioning components. Preventative
Maintenance shall be performed quarterly (four times annually) based on
current use and industry standards.
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.
Vehicles: Shall mean all North Lauderdale Fire Department vehicles specifically
included in this Agreement per Exhibit C.
1. SCOPE OF SERVICES
1.1 TAMARAC shall provide Fleet Preventive Maintenance and Repair
Services to NORTH LAUDERDALE FIRE DEPARTMENT 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.
1.1.1 Annual Cost Adjustment: Beginning the first year upon renewal of
this Agreement and annually 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 months are negative,
there shall be no adjustment to the rates.
1.1.2 Annual CPI Adjustment: As used herein, Annual CPI Adjustment
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) month period ending June of each year.
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
general employees.
El
September 14, 2011
1.1.4 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 per 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 labor rate listed in "Exhibit A", with zero (-0-)
markup on parts. Services provided contractually are listed in "Exhibit B".
A markup on services of 15% or one 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. Per City of Tamarac
Purchasing Procedures and City Ordinance, TAMARAC may be required to
obtain quotes for work greater than $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 elsewhere, 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.
1.4 Preventive Maintenance Services shall be coordinated between the North
Lauderdale Fire Chief 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 found in "Exhibit C" 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 "Exhibit C",
TAMARAC and NORTH LAUDERDALE will 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
5
September 14, 2011
and annual salary adjustment set forth in Section 1.1, shall occur without the
expressed written acceptance of both parties. TAMARAC reserves the right
to terminate this Agreement in accordance with Section 7 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 is provided in "Exhibit A." TAMARAC shall
no later than May 31 St of each year, provide NORTH LAUDERDALE with
a schedule and budget for required Preventative Maintenance for the
upcoming Fiscal Year. The budget for Preventative Maintenance shall be
ad j usted 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 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 $2,500 without first providing NORTH LAUDERDALE a written
cost proposal for such repairs (including parts and labor) and receiving
written approval from NORTH LAUDERDALE's Fire Chief 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 $2,500 upon executing this
Agreement.
1.7.2 Reasonable consent for repairs exceeding $2,500 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).
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 their best interest to have
repair services performed by a qualified third -party, NORTH
0
September 14, 2011
LAUDERDALE shall provide documentation of such third -party
services per section 1.3.
1.7.5 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 the
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.
I
1.7.6 Scope of Services shall not include repairs, service, or inspection
of 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
or NORTH LAUDERDALE 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
LAUDERDALE's contracted Towing Service to bring vehicles
and equipment listed in "Exhibit C" 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 of 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
7
September 14, 2011
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.
1.13 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.
2 TERM
2.1 This Agreement shall be effective for three (3) years beginning October Is,
2011 upon approval of TAMARAC's and NORTH LAUDERDALE's City
Commissions and shall be eligible for two (2) one-year renewals 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. Preventative Maintenance shall be billed
each month at 1 / 12 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 "Exhibit C".
September 14, 2011
11
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 Department
6151 Bailey Road
North Lauderdale, Florida 33068
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
Attu: Department of Financial Services
7525 NW 88th Avenue
Tamarac, Florida 33321
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 save each other harmless, including its officers, employees
and agents from and against, any and all claims, injuries, damages,
omissions, penalties, judgments, and liability, 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.
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 Nob Hill Road 6011 Nob Hill Road
Tamarac, Florida 33321 Tamarac, Florida 33321
winces �amarac.org l a�ck_s_ktamarac.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.
E
September 14, 2011
6 INSURANCE
6.1 The parties
hereto
acknowledge
that NORTH
LAUDERDALE is a
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.
6.2 The parties hereto acknowledge that TAMARAC is a 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.
6.3 NORTH LAUDERDALE shall obtain at NORTH LAUDERDALE' S
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
City. NORTH LAUDERDALE shall maintain such insurance in full force
and effect during the life of this Agreement. NORTH LAUDERDALE shall
provide to TAMARAC' 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 the City of 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
General Liability
Automobile Liability/Property
Workers' Compensation
10
Occurrence
$150005000
$1,000,000
Statutory
Aggregate
$290009000
$29,000,000
September 14, 2011
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 shall be provided by certified mail, return requested to:
Notice to TAMARAC shall be provided to:
Public Works Director
City of Tamarac Public Works
6011 Nob Hill Road
Tamarac, Florida 33321
Notice to NORTH LAUDERDALE shall be provided to:
Public Works Director COPY Fire Chief
City of North Lauderdale TO North Lauderdale Fire Dept
701 SW 71St Avenue 6151 Bailey Road
North Lauderdale, FL 33068
North Lauderdale, FL 33068
8 ASSIGNMENT
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
11
September 14, 2011
T
performance of any of the covenants of this Agreement shall not be
construed as a waiver or relinquishment for the future of any covenant, term,
condition or election but the same shall continue and remain in full force
and affect.
11 SEVERABILITY
11.1 Should any part, term or provision of this Agreement be by the courts
decided to be 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:
hand delivery. -
registered or certified mail, return receipt requested;
overnight courier, or
facsimile to:
CITY OF 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: 954-597-3720 Fax: 954-597-3710
NORTH LAUDERDALE:
Public Works Director COPY Fire Chief
City of North Lauderdale TO North Lauderdale Fire Dept
701 SW 71 st Avenue 6151 Bailey Road
North Lauderdale, FL 33068 North Lauderdale, FL 33068
Phone: 954-724-7070 Phone: 954-720-4315
Fax: 954-720-2064 Fax: 954-979-5982
or 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; and
on the date of transmission with confirmed answer back if by fax.
12
September 14, 2011
4
I
IN WITNESS WHEREOF, CITY OF TAMARAC and CITY OF NORTH
LAUDERDALE, FLORIDA, have executed this Agreement the Day and year first above
written.
PETER RICHARDSON, CITY CLERK
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
BY:
ATTEST:
OF
MICHAEL CERNECH, C
CITY OF NORTH LAUDERDALE:
AMBREEN BHA
PATRICIA VANCHERI, CITY CLERK
APPRO
OFF
D AS TO FORM:
q n P VL2-111
OF TI4E MY ATTORNEY
13
MANAGER
, CITY MANAGER
September 14, 2011
I
Exhibit A to the Agreement between the City of Tamarac and
City of North Lauderdale for Fleet Maintenance Services for
the North Lauderdale Fire Department
Annual Preventive Maintenance, and Labor Rate Charges for NLFD Vehicles
specifically included in this Agreement:
1.
Annual Preventive Maintenance of NLFD Vehicles
$14,250.00
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.
Hourly Labor Rate for Regular Time Repairs
$55.00
(7:00 a.m. — 4:00 p.m. Monday —Thursday)
(7:00 a.m. — 3:00 p.m. Friday)
3.
Hourly Labor Rate for Overtime
$65.00
(Times outside of regular time, scheduled City of
Tamarac Holidays, and weekends)
4.
Contractual Services performed by City of Tamarac
Contracted Service
Subcontractors
Cost plus 15% or one
hour of regular time
labor ($55.00)
whichever is less
5.
Parts
Cost of parts with
zero -0- mark u
14
September 14, 2011
Exhibit B to the Agreement between the City of Tamarac and
City of North Lauderdale for Fleet Maintenance Services for
the North Lauderdale Fire Department
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
September 14, 2011
Exhibit C to the Agreement between the City of Tamarac and
City of North Lauderdale for Fleet Maintenance Services for
the North Lauderdale Fire Department
North Lauderdale Fire Vehicles Part of Agreement
QTY DESCRIPTION
1 Aerial Truck
2 Engines
4 Rescue Vehicles
2 Ford F-150 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
September 14, 2011
September 23, 2011
Peter Richardson, City Clerk
City of Tamarac
7525 NW 88 Avenue
Tamarac, FL 33321
:-.Interlocal Agreements with City of North Lauderdale
Dear Mr. Richardson:
Enclosed, please find three (3) original copies of the following Interlocal Agreements:
• Interlocal Agreement between the City of Tamarac and the City of North Lauderdale for
Fire Fleet Maintenance and Repair Services
• Interlocal Agreement between the City of Tamarac and the City of North Lauderdale for
Public Works Fleet Maintenance and Repair Services
Kindly have all three copies of each agreement executed by your City Manager, City Attorney
and yourself. Please retain one (1) original of each agreement for your records, and return two
(2) original executed copies of each agreement to me.
Thank you for your assistance.
Sincerely,
Patricia Vancheri
City Clerk
�Aft
0
P)
�/�AFGA
701 Southwest 71 st Avenue, North Lauderdale, Florida 33068-2395
954-722-0900 Fax 954-720-2151 0 www.nlauderdale.org
September 23, 2011
Peter Richardson, City Clerk
City of Tamarac
7525 NW 88 Avenue
Tamarac, FL 33321
Re: Interlocal Agreements with City of North Lauderdale
Dear Mr. Richardson:
MAYOR
Jack Brady
COMMISSIONER
Gary Frankel
COMMISSIONER
Jerry Graziose
CITY ATTORNEY
Samuel S. Goren
VICE MAYOR
David G. Hilton
COMMISSIONER
Rich Moyle
CITY MANAGER
Ambreen Bhatty
CITY CLERK
Patricia Vancheri
Enclosed, please find three (3) original copies of the following Interlocal Agreements:
• Interlocal Agreement between the City of Tamarac and the City of North Lauderdale for
Fire Fleet Maintenance and Repair Services
• Interlocal Agreement between the City of Tamarac and the City of North Lauderdale for
Public Works Fleet Maintenance and Repair Services
Kindly have all three copies of each agreement executed by your City Manager, City Attorney
and yourself. Please retain one (1) original of each agreement for your records, and return two
(2) original executed copies of each agreement to me.
Thank you for your assistance.
Sincerely,
Patricia Vancheri
City Clerk