HomeMy WebLinkAboutR-1999-185 1
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RESOLUTION NO. 185-99
A RESOLUTION OF THE CITY OF DANIA BEACH,
FLORIDA, APPROVING THE AGREEMENT BETWEEN
THE CITY OF HOLLYWOOD AND THE CITY OF DANIA
BEACH FOR PREVENTATIVE MAINTENANCE AND
REPAIR SERVICES ON RESCUE VEHICLES FOR DANIA
BEACH'S 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 the City of Hollywood and the City
of Dania Beach, for maintenance and repair services on rescue vehicles for Dania
Beach's 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resolution are repealed to the extent of such conflict.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.
PASSED AND ADOPTED THIS I DA
MA - COMMISSIONER
ATTEST: ROLL CALL:
�� ���� MAYOR BERTINO - YES
SHERYL'CHAPMAN'' VICE-MAYOR MCELYEA-YES
ACTING CITY CLERK COMMISSIONER ETLING - YES
COMMISSIONER CALI - YES
COMMISSIONER MIKES- YES
APPROVED AS TO FORM AND CORRECTNESS:
BY:
THOM S . A BRO
CITY ATTORNEY
G:DOCSIRESOPREP991res Hollywood
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INTERLOCAL AGREEMENT
FOR
PREVENTIVE MAINTENANCE AND REPAIR SERVICES
BETWEEN
THE CITY OF HOLLYWOOD, FLORIDA
AND
CITY OF DANIA BEACH, FLORIDA
THIS AGREEMENT made and entered into this _ day of
1999, by and between the CITY OF HOLLYWOOD, FLORIDA, a municipal corporation
of the State of Florida (hereinafter "HOLLYWOOD") and the CITY OF DANIA
BEACH, FLORIDA, a municipal corporation of the State of Florida, (hereinafter
"DANIA BEACH").
WITNESSETH :
WHEREAS, DANIA BEACH, by and through its Fire-Rescue Department, has
requested that HOLLYWOOD provide it with fleet services which includes preventive
maintenance and repairs on its fire/rescue apparatus; and
WHEREAS, HOLLYWOOD's Fire Department operates and manages its own
vehicle maintenance and repair operations and has experience in such services; and
WHEREAS, HOLLYWOOD is willing to provide fleet services to DANIA
BEACH FIRE DEPARTMENT'S vehicles; and
WHEREAS, this Agreement is entered into pursuant to Section 163.01, Florida
Statutes, known as the "Florida Interlocal Cooperation Act of 1969", and pursuant to
Chapter 166, Florida Statutes,known as the "Municipal Home Rule Powers Act;"
NOW, THEREFORE, in consideration of the mutual promises and terms and
conditions set forth herein, the parties hereby agree as follows:
ARTICLE 1
AUTHORITY, RESPONSIBILITIES AND
CONDITIONS PRECEDENT
1.1 PREAMBLE—The above recitals are true and correct and incorporated herein by
reference.
1.2 This Interlocal Agreement is entered into pursuant to the provisions of Section
163.01, Florida Statutes, entitled "Florida Interlocal Cooperation Act of 1969,"
and all applicable provisions of said Act are made a part hereof and incorporated
herein as if set forth at length in this Agreement.
EXHIBIT "A"
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This Interlocal Agreement, and any and all subsequent amendments to this
Agreement, shall be filed with the Clerk of the Circuit Court of Broward County, Florida.
ARTICLE 2
TERM OF AGRI?EMENT
This Agreement shall be for a three (3) year term, commencing on
1999 and will continue through 2002. This
Agreement may be renewed by the parties for two (2) successive, three 3
) year terrns,
with the approval of both the DANIA BEACH City Commission and the HOLLYWOOD
City Commission.
ARTICLE 3
SCOPE OF SERVICES
3.1 HOLLYWOOD shall provide Fleet Services relating to preventive maintenance
and repair of DANIA BEACH's fire/rescue apparatus, as more specifically set forth in
Exhibit "A"attached hereto and incorporated herein by reference.
3.2 The parties agree that the maintenance and repair of HOLLYWOOD vehicles
shall be given first priority, however, Fleet services to DANIA BEACH's vehicles shall
be treated with the same urgency and completed within a reasonable time frame.
3.3 QUALITY OF WORK — All work will be performed at the highest level of
quality possible. All work will be performed by or supervised by an ASE Master
Mechanic. Work that is specific to fire apparatus will be performed or supervised by a
certified EVT Technician.
3.4 PREVENTIVE MAINTENANCE SCHEDULING AND COMPLETION
PERFORMANCE — As preventive maintenance and repair will be the primary product
to be delivered in this Scope of Services, a great deal of emphasis will be placed upon all
aspects of preventive maintenance such as: On-time completion; customized scheduling
(miles/hours); time; fuel consumption (if data is available); and severity of use.
3.5 FABRICATION AND WELDING CAPABILTFIES— Fabricating and welding
will be done at the Fire Garage located at 6430 Mosley Street or on a site with mobile
welding equipment.
3.6 PARTS — All parts used will be purchased by HOLLYWOOD. Prices for parts
will be marked up 10% to cover the cost of inventory operations. All parts will meet or
exceed manufacturers specifications.
3.7 PUMP TESTING - HOLLYWOOD will schedule annual pump tests. Tests will
be administered by a Certified Mechanic who will be on site during pump testing to
repair any minor discrepancy that comes up during the pump test.
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3.8 PREVENTIVE MAINTENANCE PERFORMANCE — HOLLYWOOD will
incorporate the DANIA BEACH equipment in HOLLYWOOD's preventive maintenance
scheduling process. A customized schedule will be developed with DANIA BEACH to
ensure that preventive maintenance is done at the right interval, to be considered are:
a) usage, miles/hours
b) time
c) fuel consumption
d) severity of use
3.9 PREVENTIVE, MAINTENANCE SCHEDULING OF NEW VEHICLES
AND EQUIPMENT — Upon new equipment being received into DANIA BEACH's
fleet, discussions will be held by the parties to determine the proper preventive
maintenance intervals for the new equipment. It will then be entered into the system for
automatic scheduling.
3.10 VEHICLE PREPARATION— Preparation of vehicles to be placed into service
or removed from service will be performed in accordance with a schedule established by
the parties. Preparation/decommissioning charges will be handled by work orders
charging time and material at the agreed upon rates.
3.11 ACCIDENTS—Accidents will be handled as "Directed Work".
3.12 OPERATIONS DURING EMERGENCY — HOLLYWOOD will provide the
"Scope of Services" during any Emergency Operations. Charges incurred during
Emergency Operations will be handled as "Directed Work" by HOLLYWOOD.
3.13 VEHICLE TOWING — DANIA BEACH will be responsible for all towing of
DANIA BEACH equipment and vehicles.
3.14 PERMITS, LICENSES AND FEES. HOLLYWOOD will secure any and all
necessary permits, licenses, or fees associated with the delivery of maintenance services.
3.15 NORMAL HOURS OF OPERATION. HOLLYWOOD will be open
Monday through Friday from 8:00 a.rn. to 4:00 p.m during normal work weeks.
HOLLYWOOD will be closed on approved City holidays.
3.16 INVESTIGATIONS — HOLLYWOOD will assist DANIA BEACH's FIRE
DEPARTMENT in any vehicle related investigation to the best of it's ability.
Investigation costs will be handled through the work order system charging for time and
material at the agreed upon rates.
3.17 NOTIFICATION — HOLLYWOOD will notify by telephone the appropriate
DANIA BEACH division head for any vehicle being held out of service for maintenance
for a period of 24 hours or more. Further, HOLLYWOOD will notify by telephone the
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appropriate DANIA BEACH division head of any repair that will exceed $500.00.
Approval will be obtained prior to repair.
3.18 CHANGES TO THE FLEET - DANIA BEACH shall notify HOLLYWOOD
of any changes to its fleet.
3.19 WASTE — HOLLYWOOD will be responsible for the transportation and proper
disposal of any waste generated during the maintenance process. Disposal will be e
accordance with any and all regulatory agencies. in
3.20 WARRANTY - All repairs, including parts and labor will be under warranty for
ninety(90) days following the repair. Failure of any such repairs w
ninety(90) day period will be repaired free of charge. hich occur within the
HOLLYWOOD will assist DANIA BEACH in securing warranty service for
equipment operating under an Operating Equipment Manufacturer warranty. Work will
be performed by the appropriate vendor with reimbursement being made directly to
HOLLYWOOD. DANIA BEACH will be liable for any vendor charges that are not
covered under the warranty agreement.
3.21 DIRECTED WORK/REPAIRS — DANIA BEACH may direct HOLLYWOOD
to perform additional tasks under this agreement. HOLLYWOOD may request that
DANIA BEACH deem that certain extraordinary repairs fall under the guidelines of
Directed Work.
3.22 WELDING AND FABRICATION - Welding and fabrication costs will be
billed at cost of parts plus labor.
3.23 REPAIR PRIORITY - Repair priority for DANIA BEACH vehicles and
equipment will be established by DANIA BEACH. HOLLYWOOD will adjust or
modify any in progress repairs to the dynamic needs of DANIA BEACH. It is standard
practice that preventive maintenance has the highest priority subject to change only by
DANIA BEACH.
Quick-fix repairs (less than one hour) will be performed upon request contingent upon
HOLLYWOOD's schedule. This priority for quick-fix repairs for DANIA BEACH
vehicles and equipment may be modified by DANIA BEACH.
Overall maintenance priority for DANIA BEACH vehicles and equipment will be
dictated by DANIA BEACH. HOLLYWOOD may make recommendations as to priority
changes, but will only affect priority changes with DANIA BEACH's approval.
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ARTICLE 4
PAYMF,NT OF SERVICES
4.1 HOLLYWOOD's FIRE DEPARTMENT shall submit invoices to DANIA
BEACH on a monthly basis for preventive maintenance and repair services, inclusive of
costs for parts and labor, provided to DANIA BEACH. (All preventive maintenance
costs are subject to change depending upon the current price of parts at the time of
maintenance and repairs),
4.2 Upon receipt of such invoices, DANIA BEACH shall remit payment for the
aforementioned services within fifteen (15) clays of the invoice date. All payments shall
be payable to the City of Hollywood and sent to the office of the Fire Chief at 3401
Hollywood Boulevard, Hollywood, Florida 33021.
4.3 If for any reason payment is not received within twenty (20) days, DANIA
BEACH will be considered to be in default and HOLLYWOOD reserves the right to
terminate this Agreement within five (5) days of said default, or, in its sole discretion, to
bring anaction in an appropriate
days will be subject to court of law. Any payments made after twenty (20)
190 a month late payment charge (12% annually).
4.4. RATE STRUCTURE AND COST INFORMATION — The following shall be
the labor rate structure relating to PREVENTIVE maintenance and repair services
Provided, plus the cost of parts. The labor rates shall be reviewed on an annual basis and
if any change is required, the parties will modify this agreement in writing pursuant to
Article he All part costs are subject to change depending on the current market/industry
cost at the time services are performed.
Hourly Labor Rate (directed work)
.m. $45.00 per hour plus parts
Emergency Road Service (8:00 a
to 4:00 p.m,)
Emergency Services After Hours (call out 45.G7.50 per hour plus parts
50 per hour plus parts
Directed Work After Hours(Continguous (minimum 3 hour charge)
With shift)
Vehicle Preparation 67•50 Per hour plus parts
Welding and Fabricating 45.00 Per hour plus parts
Parts 45.00 per hour plus parts
Sublet/Outside Repairs/Accidents City cost plus 10%
Actual Cost and Direct Fleet
Service Costs
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i ARTICLE 5
TERMINATION OF AGREEMENT
This
written notice Agreeme
fromnt
y bma e.i�erminated by either party upon ninety (90) days prior
forth in Article 6. g Party in accordance with the Notice requirements set
ARTICLE 6
NOTICE
Whenever either party desires to give notice to the other, it must be given by
written notice, sent by certified United States mail, return receipt requested and addressed
to the party for whom it is intended, at the addresses designated below. The place for
giving notice shall remain the same unless changed by either party. For the present, the
parties designate the following as the respective places for giving notice:
AS TO HOLLYWOOD: Fire Chief \
3401 Hollywood Boulevard
Hollywood, FL 33021
WITH COPIES TO: City Attorney
2600 Hollywood Boulevard, Room 407
Hollywood, 17L 33020
City Manager
City Hall
2600 Hollywood Boulevard
Hollywood, FL 33020
AS TO DANIA BEACH:
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ARTICLE 7
INDEMNIFICATION
7.1 DANIA BEACH shall indemnify and hold harmless CITY OF HOLLYWOOD
and its officers, employees, agents, and instrumentalities from any and all liability, losses
or damages, including attorneys, fees and costs of defense, which the CITY OF
HOLLYWOOD or its officers, agents, and instrumentalities may incur as a result of
claims, demand, suits, causes of actions or proceedings of any kind arising out of, relating
to or resulting from this agreement or acts or omissions of the DANIA BEACFI FIRE
DEPARTMENT. DANIA BEACH FIRE DEPARTMENT shall pay all claims and losses
in connection therewith and shall investigate and defend all claims, suits or actions of any
kind or nature in the name of HOLLYWOOD where applicable, which
issue
hereon. Provided, however, this indemnification shall only be to the extent and within
the limitations of Section 768.28, Florida Statutes, subject to the provisions of the Statute
whereby the government entity shall not be held liable to pay personal injury or property
damage claim or judgment or portions thereof, which when totaled with all other claims
orjudgment paid by the government entity arising out of the same incident or occurrence,
exceed the sum of $10losses
or cause
from any and all personal injury or property damage
Claims, liabilities, losses or cause of action which may arise as a result of the negligence
of the government entity. ,
ARTICLE 8
JURISDICTION, VENUE AND GOVERNING LAW
This Agreement shall be governed by the laws of the State of Florida. Any and
all legal action necessary to enforce this Agreement shall be held in Broward County,
Florida. No remedy herein conferred upon any party is intended to be exclusive of any
other remedy, and each and every remedy shall be cumulative and shall be in addition to
every other remedy given hereunder or now or hereafter existing at law or in equity ur by
statute or otherwise. No single or partial exercise by any party of any right, power, or
remedy hereunder shall preclude any other or further exercise thereof.
ARTICLE 9
MISCELLANEOUS
9•1 THIRD PARTY RIGHTS — Neither party intends 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. Nothing in this
Agreement shall be construed to give any rights or benefits to anyone other than
HOLLYWOOD and DANIA BEACH.
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9.2 WAIVER — No waiver of any provision in this Agreement shall be effective
unless it is in writing, signed by the party against whom it is asserted, and any such
written waiver shall only be applicable to the specific instance to which it relates and
shall not be deemed to be a continuing or future waiver.
9.3 ENTIRETY OF THE AGREEMENT — HOLLYWOOD and DANIA BEACH
agree that this Interlocal Agreement sets forth the entire agreement between the parties
and that there are no promises or understandings other than those stated herein.
None of the provisions, terms or conditions contained in this Agreement may be added to,
modified, superseded or otherwise altered, except through written consent and approval
of both the DANIA BEACH Commission and the HOLLYWOOD Commission. Any
modifications to this Agreement shall be through written instrument executed by the
parties. In the event of any conflict or inconsistency between this Agreement and the
provisions in the incorporated Exhibits, if any, the terms of this Agreement shall
supersede and prevail over the terms in the Exhibits.
9.4 SEVERABILITY — If any term or provision of this Agreement, or the
application thereof to any person, entity or circumstances shall, to any extent, be held
invalid or unenforceable, the remainder of this Agreement, or the application of such
terms or provision, to persons, entities or circumstances other than those as to which it is
held invalid or unenforceable, shall not be affected, and every other term and provision of
this Agreement shall be deemed valid and enforceable to the extent permitted by law.
9.5 EXHIBITS — The Exhibits referred to in this Agreement, if any, are hereby
incorporated into this Agreement by reference.
9.6 OWNERSHIP OF DOCUMENTS — Any and all reports, photographs, surveys,
and other data and documents provided or created by the HOLLYWOOD FIRE
DEPARTMENT's Fleet Services Division with this Agreement are and shall remain the
property of HOLLYWOOD. In the event of termination of this Agreement,any reports,
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photographs, surveys, and other data and documents prepared by DANIA BEACH,
whether finished or unfinished, shall remain the property of DANIA BEACH.
IN WITNESS WHEREOF, the parties have made and executed this Agreement
on the respective dates under each signature: CITY OF DANIA BEACH, by and through
its City ommissi ers, signing by and through its Mayor, authorized to execute same on
the day of 1999, and HOLLYWOOD CITY COMMISSION, signing
by and through its Mayor, authorized to execute same on the day of
1999. —
CITY OF HOLLYWOOD, FLORIDA,
a municipal corporation of the State of
Florida
ATTEST:
BY:
PATRICIA A. CERNY, CMC/AAE MARA GIULIANTI, MAYOR
CITY CLERK
APPROVED AS TO FORM AND DATE: 1999
LEGALITY for the use and reliance APPROVED BY:
of the City of Hollywood, Florida,
only. `e
SAMUEL A. FINZ, CITY MANAGER
DANIEL L. ABBOTT OR HIS DESIGNEE,RANDALL
CITY ATTORNEY BURROUGH, FIRE CHIEF
CITY OF DANIA BEACH:
CITY OF DANIA BEACH, FLORIDA, a
municipal corporation of the State of
Florida
lorida
d_l BY:
SHERY CHAPMAN, J *RTINI,,TAYOR,
ACTING CITY CLERK ri
DATE: 1999
APPROVED AS TO FORM AND
LEGALITY for the use and reliance
of the City of Dania Beach, Florida, BY:
only.. Mich ity Manager
THOMASS BRO, CITY ATTORNEY
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EXHIBIT"A"
CITY OF DANIA BEACH FIRE-RESCUE DEPARTMENT APPARATUS
1987 Pierce Pumper
1988 Pierce Pumper
1991 Ford Super-Duty Rescue Vehicle
1994 Piece 50 ft. Squirt
1995 Freightliner (National)
1996 Freightliner (National)
1997 Pierce Quantum(under warranty)
1999 Freightliner (Medic Master) (under warranty)
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