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HomeMy WebLinkAboutCity of Tamarac Resolution R-2013-118Temp. Reso. # 12417 November 13, 2013 Page 1 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 L, eu%" ///)X /) T COMM. GOMEZ COMM. GLAS% V/M. DRESSLE Tt� layl`j '�-zoo 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. 1 16i � l 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 2 I� I 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 g 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. 3 r G a 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. 049 lil 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 re 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). 5 G7 i 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. tA 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 0 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. E 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: 10 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. 11 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