HomeMy Public PortalAbout2017 Agreement for Fleet Maintenance and Repair ServicesINTERGOVERNMENTAL AGREEMENT
FOR FLEET MAINTENANCE AND REPAIR SERVICES
BETWEEN THE VILLAGE OF KEY BISCAYNE, FLORIDA
AND THE CITY OF MIAMI BEACH, FLORIDA
This Intergovernmental Agreement (the "Agreement") is entered into this 2_0
day of :TA f ttsfa 1 , 2017, by and between the City of Miami Beach, a Florida municipal
corporation within Miami -Dade County, Florida, (hereinafter "Miami Beach"), and the Village of
Key Biscayne, a Florida municipal corporation within Miami -Dade County, Florida, (hereinafter
"the Village").
WITNESSETH:
WHEREAS, the Village recognizes that the Miami Beach Fleet Management Department
has been an efficient and effective resource for the Village to use in accomplishing its fleet
maintenance and repair needs; and
WHEREAS, the Village wishes to continue utilizing the services of 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
rate.
SECTION 1- SCOPE OF WORK
Miami Beach, through its Fleet Management Department, shall be the designated provider of
fleet management and repair services for the Village. The Miami Beach Fleet Management
Director, or his designee, will be solely responsible for the scheduling and prioritizing of work to
be performed and will make every effort to timely complete work and minimize downtime.
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 Mac Arthur Causeway, Miami Beach, and such
office shall be open, generally, from 8:00am to 4:30pm, Monday through Friday, except
for legal holidays.
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.
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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 the written request of 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 four (4) 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) two-year terms. 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 Department. Rates are
reviewed annually 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 forty
five (45) 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 communications 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 partied to receive such
notices as follows:
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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 Dept.
Jorge Cano, Fleet Management Director
140 Mac Arthur 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 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/INSURANCE
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
performed by Miami Beach in bad faith or with malicious purpose or in a manner which exhibits
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 "Garage
Operations" coverage.
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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.
AGREED AND ACKNOWLEDGED this /May of
, 2017.
Vil - M . ager, ' ag • of Ke ; e City Ma ger, Ci , of Miami Beach
th
illage Clerk, Village of Key Bic
City Clerk, Cit h
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APPROVED AS TO
FORM & LANGUAGE
& 6OR TION
City Attorney
Date
Exhibit A
City of Miami Beach Fleet Services
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*
Mechanic Labor Rate: $93.00 per hour
Parts at Cost plus: 20%
Sublet mark-up: 10%
*Rates are reviewed annually and are subject to change.
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