HomeMy WebLinkAboutR-1999-216�'
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RESOLUTION NO. 216-99
A RESOLUTION OF THE CITY OF DANIA BEACH,
FLORIDA, APPROVING THE AGREEMENT BETWEEN
BROWARD COUNTY AND THE CITY OF DANIA BEACH
FOR FLEET MAINTENANCE AND REPAIR SERVICES ON
RESCUE VEHICLES FOR THE DANIA BEACH FIRE
DEPARTMENT; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA:
Section 1: That certain Agreement between Broward County and the City of
Dania Beach, for fleet maintenance and repair services on rescue vehicles for the Dania
Beach Fire Department, in substantial form as Exhibit "A", attached, is approved and the
appropriate City officials are directed to execute same; provided, however, that the City
Manager and City Attorney are authorized to make minor revisions to such Agreement
as are deemed necessary and proper for the best interests of the City.
Section 2: That all resolutions or parts of resolutions in conflict with this
resolution are repealed to the extent of such conflict.
Section 3: That this resolution shall be in force and take effect immediately
upon its passage
and adoption. /
99
PASSED AND ADOPTED THIS�;THAY DCT BER, 19 .
- COMMISSIONER
ATTEST, ROLL CALL:
' MAYOR BERTINO -YES
VICE-MAYOR MCELYEA-YES
SHERYLCHAPMAN COMMISSIONER ETLING -YES
ACTING CITY CLERK COMMISSIONER CALI - YES
COMMISSIONER MIKES- YES
APPROVED AS TO FORM AND CORRECTNESS:
BY: �
T OM S 1. ANSBRO
CITY ATTORNEY
G:DOCS\RESOPREP99\r-BROWA R DCOUNTYMAI NTENANC EFIR E RESC U E
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AGREEMENT
Between
BROWARD COUNTY
and
CITY OF DANIA BEACH
for
FLEET SERVICES
EXHIBIT "A"
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Y
A
AGREEMENT
Between
BROWARD COUNTY
and
CITY OF DANIA BEACH
for
FLEET SERVICES
THIS AGREEMENT, made and entered into this day of
by BROWARD COUNTY ("COUNTY"), a political subdivision ofFthe State
of Florida whose address is the Broward County Governmental Center located at 115 S.
Andrews Avenue, Fort Lauderdale, FL 33301, and the City of Dania Beach
("REQUESTING AGENCY'), a Florida municipality, whose address is: City of Dania Beach, Fire Rescue Division, Dania Beach, FL 33004.
WHEREAS, the CITY has requested that the COUNTY provide the CITY with fueling and
fleet maintenance services; and
WHEREAS, the COUNTY operates and manages Broward County fueling stations and
vehicle maintenance facilities and has experience in fleet management.
NOW, THEREFORE, the parties do mutually agree as follows:
RTI 1
DEFINITIONS ANDMr=nLDEMAILQUa
1.1 Agreement -Means this Agreement, including all exhibits, as amended from time
to time.
1.2 Board- The Broward County Board of County Commissioners.
1.3 Contract Administrator - The Broward County Administrator, the Director of the
Broward County Office of General Services, Fleet Services Division, or the
designee of such County Administrator or Director. The primary responsibilities of
the Contract Administrator are to coordinate and communicate with REQUESTING
AGENCY and to manage and supervise execution and completion of the Scope of
Services and the terms and conditions of this Agreement as set forth herein. In the
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administration of this Agreement, as contrasted with matters of policy, all parties
may rely on the instructions or determinations made by the Contract Administrator;
provided, however, that such instructions and determinations do not change the
Scope of Services.
1.4 County Attorney - The chief legal counsel for COUNTY who directs and
supervises the Office of the County Attorney pursuant to Section 4.03 of the
Broward County Charter.
1.5 Covered Vehicle-Any vehicle of the REQUESTING AGENCY which has been
registered with the COUNTY pursuant to Section 3.1 hereof.
1.5 Project- The Project consists of the services described in Article 3 hereof.
ARTICLE 2
TERM
2.1 This Agreement will commence on November 1, 1999
five (5) years. and will continue for
2.2 This Agreement may be renewed for successive one (1) year terms on the same
conditions stated herein. The renewal will be automatic unless either party has
canceled this agreement or states in writing to the other party that such party has
decided not to renew the Agreement.
2.3 The term of the Agreement may be terminated by either party without cause upon
thirty (30) days prior written notice to the other party at any time, or for cause upon
ten days prior written notice to the other party.
ABUQU
S OPRVI FS
3.1 REQUESTING AGENCY shall provide COUNTY with a complete list of vehicles of
REQUESTING AGENCY which are subject to this Agreement in such format and
containing such information as COUNTY shall reasonably require. COUNTY will
create an artificial 6-digit vehicle ID number for each of the REQUESTING
AGENCY vehicles to properly identify them in Fleet Services Division's database
as Covered Vehicles.
3.2 COUNTY shall provide fuel for Covered Vehicles at any of its fueling facilities
located throughout the County.
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3.2.1 A list is provided with the current locations and operating hours and attached
hereto as Exhibit A (Fuel Site Locations).
3.2.3 COUNTY will provide REQUESTING AGENCY with a magnetic fuel card for
each Covered Vehicle. These cards may be used by the REQUESTING
AGENCY for fuel for Covered Vehicles at any automated fuel sites (Tech
21).
3.2.4 If problems are encountered during fueling, assistance should be requested
by the authorized user from an Fleet Services Division employee on site, if
available, or call 954-357-6497 for assistance. Authorized users may
request fuel card replacements by calling 954-357-6497. Replacement
cards issued for lost, mutilated or abused cards will be assessed a$25.00
replacement fee payable prior to issuance of the replacement card.
3.3 COUNTY shall provide maintenance of Covered Vehicles at any one of its
automotive service centers located throughout the County. A list is attached as
Exhibit B (Fleet Service Center Locations) with the current locations and operating
hours of these sites.
3.3.1 Maintenance services include:
preventive maintenance;
minor and major component repair or replacement;
in-station service;
roadside emergency service; and
after hours service.
3.3.2 COUNTY agrees to inspect each Covered Vehicle delivered to COUNTY for
repair and provide an estimate for the work before repairs are started.
COUNTY will also provide updates to the estimate on all additional work
estimated to cost over fifty dollars($50.00). Work will not be done without
the prior written approval from the REQUESTING AGENCY.
3.4 COUNTY reserves the right to change the location and hours of, or to discontinue
any of the Fuel Service or Fleet Service Locations at any time.
ARTICLE 4
METHOD OF BILLING AND PAYMENT
4.1 COUNTY will invoice REQUESTING Agency in a monthly bill which will identify the
Covered Vehicle for which the service was provided. The bill will be mailed to:
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City of Dania Beach
Fire Rescue Division
Dania Beach, FL 33
Attn: Mike Brown, Deputy Chief
4.2 Payment checks to COUNTY should be made out to the Broward County Board of
County Commissioners and mailed to:
Revenue Collection Division
P.O. Box 14668
Ft-Lauderdale, FL 33302
Attn: Accounts Receivable
4.3 Payment will be due within thirty (30) days of completion of the services or work
performed under this contract or within 30 days of a bill for such work, whichever
is later. In the event that payment is not received prior to the due date, interest will
accrue on the unpaid balance at the rate of 12% per annum until paid.
4.4 The price for the services rendered by COUNTY to the REQUESTING AGENCY
shall be as follows:
FUQling CharggL The price of fuel is based on Fleet Services Division's
actual purchase price, which changes weekly depending on the current
weekly fuel price offered by the contracted vendors. To this, a surcharge of
$0.16 cents per gallon will be added to cover environmental fees and
administrative overhead.
Fleet Maintenance Chara si
Parts: The price for parts will be Fleet Services Division's actual purchase
price plus a 20% markup.
Labor: The price for labor will be $45.00 per hour for all maintenance
services. Sublet work will be billed at actual cost with a markup of five (5%)
percent.
Emergency Road Services: $45.00 per hour, plus travel time at the same
rate. Parts cost, additional 20%.
4.5 COUNTY reserves the right to amend the charges for services hereunder at any
time on sixty (60) days prior written notice to REQUESTING AGENCY.
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ARTICLE 5
INDEMNIFICATION
5.1 REQUESTING AGENCY shall at all times hereafter indemnify, hold harmless and,
at County Attorney's option, defend or pay for an attorney selected by County
Attorney to defend COUNTY, its officers, agents, servants, and employees against
any and all claims, losses, liabilities, and expenditures of any kind, including
attorney fees, court costs, and expenses, caused by negligent act or omission of
REQUESTING AGENCY, its employees, agents, servants, or officers, or accruing,
resulting from, or related to the subject matter of this Agreement including, without
limitation, any and all claims, demands, or causes of action of any nature
whatsoever resulting from injuries or damages sustained by any person orproperty.
The provisions of this section shall survive the expiration or earlier termination of
this Agreement. Provided, however, this indemnification shall only be to the extent
and within the limitations of Section 768.28 Fla. Stat.
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MISCEL— LarvF- 011S
6.1 pWN Rsuip nG DO i tMFNTS
Any and all reports, photographs, surveys, and other data and documents provided
or created in connection with this Agreement are and shall remain the property of
COUNTY. In the event of termination of this Agreement, any reports, photographs,
surveys, and other data and documents prepared by REQUESTING AGENCY,
whether finished or unfinished, shall become the property of COUNTY and shall be
delivered by REQUESTING AGENCY to the Contract Administrator.
6.2 THIRD PARTY RFNcF�r �nRIER
Neither REQUESTING AGENCY nor COUNTY intend to directly or substantially
benefit a third party by this Agreement. Therefore, the parties agree that there are
no third party beneficiaries to this Agreement and that no third party shall be
entitled to assert a claim against either of them based upon this Agreement.
6.2 NOTI .FR
Whenever either party desires to give notice to the other, such notice must be in
writing, sent by certified United States Mail, postage prepaid, return receipt
requested, or by hand-delivery with a request for a written receipt of
acknowledgment of delivery, addressed to the party for whom it is intended at the
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place last specified. The place for giving notice shall remain the same as set forth
herein until changed in writing in the manner provided in this section. For the
present, the parties designate the following:
EQR BROWARD OUNTY:
Fleet Services Division
Governmental Center, Suite 503
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
FOR REO UESTINQ AGENCY:
City of Dania Beach
Dania Beach, FL 33023
6.4 COMPLIANCE tnnru i Attic
REQUESTING AGENCY shall comply with all federal, state, and local laws, codes,
ordinances, rules, and regulations in performing its duties, responsibilities, and
obligations related to this Agreement.
6.5 SEVERANCQF
In the event this Agreement or a portion of this Agreement is found by a court of
competent jurisdiction to be invalid, the remaining provisions shall continue to be
effective unless COUNTY or REQUESTING AGENCY elects to terminate this
Agreement. The election to terminate this Agreement based upon this provision
shall be made within seven (7) days after the finding by the court becomes final.
6.6 ,JOINT PREPARATInry
Preparation of this Agreement has been a joint effort of COUNTY and
REQUESTING AGENCY and the resulting document shall not, solely as a matter
of judicial construction, be construed more severely against one of the parties than
any other.
6.7 AaELKARLEILW AND V U IE
This Agreement shall be interpreted and construed in accordance with and
governed by the laws of the State of Florida. Any controversies or legal problems
arising out of this Agreement and any action involving the enforcement or
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interpretation of any rights hereunder shall be submitted to the jurisdiction of the
State courts of the Seventeenth judicial Circuit of Broward County, Florida. By
entering into this Agreement, REQUESTING AGENCY and COUNTY hereby
expressly waive any rights either party may have to a trial by jury of any civil
litigation related to, or arising out of the Project.
6.8 MERGER AM NnMFNTS
This Agreement contains the entire final and complete understanding between the
parties. This Agreement supercedes all prior on contemporaneous understandings
or agreements between the parties.
No modification, amendment, or alteration in the terms or conditions contained
herein shall be effective unless contained in a written document prepared with the
same or similar formality as this Agreement and executed by the Board and
REQUESTING AGENCY.
6.9 COUNTERPARTS
This Agreement may be executed in three (3) counterparts, each of which shall be
deemed to be an original.
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F.
AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACH FOR
FLEET SERVICES.
COUNTY
ATTEST: BROWARD COUNTY, by and through
its Board of County Commissioners
Broward County Administrator, as By
Ex-officio Clerk of the Broward County Chair
Board of County Commissioners
Approved as to form by
Office of County Attorney
Broward County, Florida
EDWARD A. DION, County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Contract Administrator Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-7641
INSURANCE APPROVED:
By
(Assistant County Attorney's name)
Risk Management
County Attorney
INSURANCE APPROVED:
REQUESTING AGENCY
City of Dania B ch
WITNESSES:
B n Bertino Mayor
(SEA
Attest: By:
> CitN7 q
7-? APPROVED PTO FORN ORRECTNEE
City Clerk by
Actinq City At or v
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EXHIBIT A
BROWARD COUNTY FLEET SERVICES DIVISION
FUEL SITE LOCATIONS
Fleet Service Center#2 (UNDER RENOVATION)
2515 SW 4th Avenue
Ft.Lauderdale, FL 33315
Open 24 hours
Fleet Service Center#3
1600 NW 30th Avenue/Blount Road
Pompano Beach, FL 33069
Open 24 hours
Carver Ranches
2610 SW 40th Avenue
Hollywood, FL 33021
Open 24 hours
Fleet Service Center#8/Landfill
7101 SW 205th Avenue
Ft.Lauderdale, FL 33332
Open 24 hours
Office of Environmental Services (OES)
2555 W. Copans Road
Pompano Beach, FL 33069
Open 24 hours
C.B. Smith Park
900 N. Flamingo Road
Pembroke Pines, FL 33021
Open 24 hours
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BROWARD COUNTY FLEET SERVICES DIVISION
FLEET SERVICE CENTER LOCATIONS
Fleet Service Center#2 -7:00 am to 5:00 pm
2515 SW 4th Avenue
Ft.Lauderdale, FL 33315
765-4708 - Supervisor
765-4177-Service Writer
Fleet Service Center#3 -7:00 am to 5:00 pm
1600 NW 30th Avenue/Blount Road
Pompano Beach, FL 33069
970-0106 - Supervisor
970-0102 -Service Writer
Fleet Service Center#8/Landfill 7:00 am to 5:00 pm
7101 SW 205th Avenue
Ft.Lauderdale, FL 33332
680-0075 - Supervisor
680-0076 -Service Writer
C AFLEETSMCGREGOAN IA.W PD
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