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Home My Public Portal About2005 Agreement for Fleet Maintenance and Repair ServicesC it" INTERGOVERNMENTAL AGREEMENT FOR FLEET MAINTENANCE AND REPAIR SERVICES BETWEEN THE VILLAGE OF KEY BISCAYNE, FLORIDA, AND THE CITY OF MIAMI BEACH, FLORIDA This Intergovernmental Agreement is entered into this istn day of May , 2005, by and between the City of Miami Beach, a municipal corporation within Miami -Dade County, Florida (hereinafter "Miami Beach"), and the Village of Key Biscayne, a municipal corporation within Miami -Dade County, Florida (hereinafter "the Village"). WITNESSETH: WHEREAS, the Village recognizes that the Miami Beach Fleet Management Department is an efficient and effective tool for the Village to use in accomplishing its fleet maintenance and repair needs; and WHEREAS, the Village is desirous of utilizing Miami Beach's Fleet Management Department, and Miami Beach agrees to provide, through its Fleet Management Department, certain fleet maintenance and repair services to the Village for an agreed upon sum. SECTION 1 SCOPE OF WORK Miami Beach, through its Fleet Management Department, shall be the designated provider of fleet management maintenance and repair services for the Village. Miami Beach will be solely responsible for scheduling and prioritizing of work to be performed and will make every effort to timely complete work and minimize down time. Miami Beach shall provide the following general administrative and support services: a) Provide trained qualified technicians, supervision and necessary personnel to perform the services required by this Agreement. b) Miami Beach shall perform the services required by this Agreement at its Fleet Management facility, located at 140 MacArthur Causeway, Miami Beach, and such office shall be open, generally, from 7:00am to 5:00pm, Monday through Friday, except for legal holidays. Miami Beach will respond to emergency call outs from the Village as needed. A list of the. respective contacts and phone numbers will be provided for such purposes; and said list to be provided at the time of execution of this Agreement by the parties hereto. c) Maintain an automated equipment inventory, history of vehicle repairs, and any reports of damage or accidents and their associated repairs. d) Perform all vehicle preventative maintenance and repairs, as it deems necessary. A safety inspection is included during each visit. e) Provide a schedule of maintenance for each vehicle. f) Ensure all work performed is consistent with manufacturer and industry standards. g) Maintain complete and accurate records for any and all work performed on each vehicle. These records shall be available upon written request by the Village. h) Provide access to Miami Beach's suppliers and providers of fleet services for vehicle public safety equipment and automotive parts. This includes, but is not limited to, outside services for vehicle manufacturer's warranty work. SECTION 2 TERM OF THE AGREEMENT The term of this Agreement shall be for a period of two (2) years following the last date of execution of this Agreement by the Village and Miami Beach, and may be renewed by mutual agreement of the parties for an additional two (2) years. Either party may terminate this Agreement, without cause and for its convenience, upon sixty (60) days prior written notice to the other party. SECTION 3 COMPENSATION a) The Village shall pay Miami Beach for all services provided pursuant to this Agreement as provided in Exhibit "A" (Rate Schedule), a copy of which is attached hereto. b) Technician hourly rates, parts, materials and third party (sublet) work are billed at current rates as, published by Miami Beach Fleet Management. Rates are reviewed quarterly and are subject to change at the sole discretion of Miami Beach. c) Repairs over $500 will be made only with prior written authorization from the Village. d) Each month, an invoice will be prepared for all work completed by the last day of the month and submitted to the Village for payment. Payments shall be made within thirty (30) days of the date of the invoice. SECTION 4 MODIFICATIONS This Agreement may only be amended in writing, through a written document signed by duly authorized representatives of the signatories to this Agreement. SECTION 5 NOTICES All notices, requests, demands, consents, approvals and other communication(s) which are required to be served or given hereunder, shall be in writing and shall be sent by Registered Mail or Certified U.S. Mail, Return Receipt Requested, addressed to the parties to receive such notices as follows: To the Village: To Miami Beach: Village of Key Biscayne Charles R. Press, Chief of Police 88 W. McIntyre Street Key Biscayne, Florida 33149 City of Miami Beach — Fleet Management Att: Andrew Terpak, Fleet Director 140 MacArthur Causeway Miami Beach, Florida 33139 Each notice sent in accordance with the requirements of this section shall be deemed effectively given upon actual receipt. Each person designated herein to receive any notice or a copy thereof may change the address at which, or the person to whom notice or a copy thereof is to be delivered, by notice given in accordance with the requirements of this section. SECTION 6 VENUE AND WAIVER OF JURY TRIAL PROVISION This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami -Dade County, Florida, if in State court, and the U.S. District Court, Southern District of Florida, if in Federal court. BY ENTERING INTO THIS AGREEMENT, THE VILLAGE AND CITY OF MIAMI BEACH EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF THIS AGREEMENT. SECTION 7 INDEMNIFICATION Subject to the limitations of Section 768.28, Florida Statutes, the Village shall defend, indemnify and hold harmless Miami Beach, its officers, agents, and employees from any and all claims, losses liabilities, injuries, damages and causes of action which arise out of the performance of services pursuant to this Agreement, except for any claim, loss, liability, injury, damages, demands or causes of action resulting from vehicle maintenance or repair service activities done in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. The Village further agrees to name Miami Beach as an additional insured on the Village's Liability program. Coverage is to include "Garage Operations". The Village's insurance program is with the Florida League of Cities. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective and duly authorized officers as of the day and year first above written. AGR AND ACKNOWLEDGED this 18th day of May , 2005. anager, V T: e of Key Biscayne dazie AT ST: (AAA i Cit of Miami Beach age Clerk, Village of Key Biscayne Ci y Clerk y APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION Aakoh.= -03 764- City of Miami Beach - Fleet Services Exhibit "A" Rate Schedule INTERAGENCY COOPERATION. Miami Beach and the Village shall cooperate and will recognize the common goals and objectives of this Agreement. Fleet Management shall work to avoid any duplication of services and, where appropriate, shall provide for coordination, referral and assistance to and among any external vendor or sublet for the betterment and efficiency of the Village. FACILITIES/EQUIPMENT/INVENTORY. Miami Beach shall provide such facilities, equipment, and inventory of supplies as are necessary to fully provide the required herein. Miami Beach shall maintain all field equipment necessary for its fleet management functions in good repair and maintain all current licenses and registrations required by State and County Law. Such equipment shall be available for inspection by the Village during the term of this Agreement. RATE Schedule - Sedans and Light Trucks PM A* $24.00 (Filter and 10w -40w or 5w -30w ( 5 or 6 quarts) Safety inspections PM A* (Ford Pursuit) $29.00 (Filter and 5w -20w semi -synthetic and 7 quarts) PM B* $59.00 PM A expanded (pull wheels inspect brake system & undercarriage. Complete safety inspection) Mechanic Labor Rate Paris @ Cost plus $50.00 per hour Sublet Mark-up Fuel @ Plus 20% 10% 0.08 per gallon CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY CLERK June 2, 2005 Conchita H. Alvarez Village Clerk 88 West McIntire Street Suite 220 Key Biscayne, FL 33149 CITY HALL 1700 CONVENTION CENTER DRIVE TELEPHONE: 673-7411 Re: Intergovernmental Agreement for Fleet Maintenance and Repair Services Dear Ms. Alvarez, Enclosed are two documents of the Intergovernmental Agreement for Fleet Maintenance and Repair Services between the Village of Key Biscayne and the City of Miami Beach for the signatures of the appropriate officials. After obtaining the applicable signatures, please return in the enclosed envelope the document in the blue -backed cover to the City Clerk's Office of Miami Beach to the attention of Kerry Hernandez as indicated on the top of the blue cover and keep the second document for your records. If I can be of further help, I can be reached at (305) 673-7000, extension 6534. Thanks, yH dew err City erk's Office City of Miami Beach kah Enclosure