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HomeMy WebLinkAboutCity of Tamarac Resolution R-2011-110Temp. Reso. # 12089 September 14, 2011 Page 1 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. -1 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. 2 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 g g Y 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 5 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 ON 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 Y Y 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. 7 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 0 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. E September 14, 2011 K 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 10 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 11 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 12 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: 13 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 14 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 OtMA�4// CLE \Af C� ,- e - "� %. ow,r+r, 0- to/ •: .• OFFICE OF THE CITY ATTORNEY ► ��� BY: ATTEST: CITY OF NORT LAUDERDALE: A w I j AMBREEN BHA PATRICIA VANCHERI, CITY CLERK APPROVED. OFFICE TTORNEY 4 �0\ Ua /1�, 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