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HomeMy WebLinkAboutReso 2014-2194RESOLUTION NO. 2014 -Z I qq A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE SECOND AMENDMENT TO THE AGREEMENT WITH THE GOODYEAR TIRE & RUBBER CO. FOR THE PURCHASE OF TIRES FOR THE CITY'S SHUTTLE BUSES, IN AN AMOUNT NOT TO EXCEED TWELVE THOUSAND FIVE HUNDRED DOLLARS ($12,500.00), ATTACHED HERETO AS EXHIBIT "A "; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach is desirous of maintaining its considerable fleet of vehicles, and WHEREAS, the City advertised and issued Request for Proposals (RFP) No. 12 -05 -02 for Fleet Maintenance and Repair Services, for which two (2) responses were received; and WHEREAS, on July 19, 2012 via Resolution No. 2012 -1935, the City Commission approved an Agreement with The Goodyear Tire & Rubber Co. for Fleet Maintenance and Repair Services in an amount not to exceed Sixty Thousand Dollars ($60,000.00); and WHEREAS, on November 21, 2013 via Resolution No. 2013 -2157, the City Commission approved the First Amendment to Agreement with The Goodyear Tire & Rubber Co. to provide Fleet maintenance and repair services, in an amount not to exceed Sixty Thousand Dollars ($60,000.00), and approval for the purchase of tires in an amount of Ten Thousand Dollars ($10,000.00), for a total amount not to exceed of Seventy Thousand Dollars ($70,000.00); and WHEREAS, the City now desires to approve the Second Amendment to the Agreement with The Goodyear Tire & Rubber Co. to approve the purchase of tires for the City's Shuttle Buses, in an amount of Twelve Thousand Five Hundred Dollars ($12,500.00), for a total amount not to exceed Eighty -Two Thousand Five Hundred Dollars ($82,500.00), attached hereto as Exhibit "A ". NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Second Amendment to the Agreement. The City Commission hereby approves the Second Amendment to the Agreement with The Goodyear Tire & Rubber Co. for the purchase of tires for the City's Shuttle Buses, in an amount not to exceed Twelve Thousand Five Hundred Dollars ($12,500.00), attached hereto as Exhibit "A ". Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. R2014- GoodN ear 2nd Amd to Agmt Bus Tires Page I of 2 Section 3. Authorization of City Manama The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 20t1' day of February 20, 2014. ATTEST: c-, A U�� Jane A. Hines, MMC, City Clerk APPROVED AND LE-G7V Vote: 'S-o TO FORM PNCIENCY: Attorney Mayor Edelcup Vice Mayor Aelion Commissioner Gatto Commissioner Levin Commissioner Scholl _(Yes) ,,,'(Yes) ✓ (Yes) (Yes) (Yes) Moved by: C-L ✓ Seconded by: C) 82014- Goodyear 2nd Amd to Agmt Bus Tires Page 2 012 (No) (No) (No) (No) (No) ,NNY SI B SECOND AMENDMENT TO THE AGREEMENT BETWEEN _ THE CITY OF SUNNY ISLES BEACH AND iDD' oP THE GOODYEAR TIRE AND RUBBER COMPANY yf •FLOP\ "4 F SUN 'ND CONTRACT NO. CI314 - 0I9 This Second Amendment to the Agreement between the City of Sunny Isles Beach ( "City ") and The Goodyear Tire and Rubber Company, ( "Contractor ") executed this 7,01*day of February, 2014, is made a part of the original Agreement ( "Agreement "), approved by Resolution No. 2012 -1935 dated July 19, 2012, between the Cite of Sunny Isles Beach ( "City ") and The Goodyear Tire and Rubber Company, ( "Contractor ") attached hereto as Attachment "B ", whose Federal Identification # is 34. 01532-9to The City and Contractor hereby agree as follows: 1. ADDITIONAL SERVICES TO BE PERFORMED. The scope of services, as set forth in Section 2 of the original Agreement, is hereby amended to include shuttle bus tires ( "Additional Services "), as more fully described in Attachment "A ", attached hereto and incorporated herein by reference. 2. COST. The payments to the Contractor, as set fonh in Section 5 of the original Agreement, is hereby amended to include additional compensation for the Additional Services in an amount not to exceed Twelve Thousand Five Hundred Dollars ($12,500.00) for a total contract amount not to exceed Eighty Two Thousand Five Hundred Dollars ($82, 500.00). 3. OTHER PROVISIONS REMAIN IN EFFECT: Except as specifically modified herein, all terms and conditions of the original Agreement between the parties, dated July 19, 2012, and attached hereto as Attachment "B" shall remain in full force and effect. 4. CONFLICTING PROVISIONS: If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, or any document or events referred to herein, or otherwise incorporated by reference, the term, statement, requirement, or provision contained in this Second Amendment shall prevail and be given effect over any conflicting or inconsistent term, statement, requirement or provision contained in any other document or attachment, including but not limited to Attachment "A ", and Attachment «B", IN WITNESS WHEREOF, the parties hereto have executed this document as of the date mentioned above. WITNESS: Sigri dUde Print Name THE GOODYEAR TIRE AND RUBBER COMPANY Exhibit "A" Alcerro, Store Manager ATTEST: BY: Jane A. Hines, MMC, City Clerk CITY OF SUNNY ISLES LEACH orman S. Edelcup, Mayor APPROVED AS TO FORM AND LEGAL SU]FlFIGI ENCY mm City Attorney FY 2013%2014 COMPREHENSIVE ANNUAL BUDGET CitV of Sum.V tales Beach TRANSPORTATION (574) 11 STREET CONSTRUCTION AND MAINTENANCE FUND l FY 201112012 FY 201212013 FY 201212013 FY 2013/2014 ACTUAL ADOPTED PROJECTED PROPOSED BUDGET BUDGET BUDGET PERSONNEL SERVICES 5120 REGULAR SALARIES $245,304 $267,070 $244,310 $305,393 5140 OVERTIME 8,569 8,000 20,256 10,000 5210 PAYROLL TAXES 20,804 22,020 21,965 24,637 5220 RETIREMENT CONTRIBUTIONS 11,916 14,640 13,291 22,515 5230 HEALTH, DENTAL & VISION INS 43,399 45,850 44,687 46,995 5235 LIFE, ADD, & LTD 1,218 1,190 1,322 1,300 5240 WORKER'S COMPENSATION 7,868 10,730 8,001 11,246 TOTAL PERSONNEL SERVICES 339,077 369,500 353,832 422,086 OPERATING EXPENSES 5314 PROMOTIONAL - 500 - 500 5410 TELEPHONE 660 660 660 660 5431 STREET LIGHTING 39,333 48,000 40,250 48,000 5450 INSURANCE - 13,650 13,650 13,650 5461 R &M VEHICLES 94,772 45,000 49,015 45,000 5462 R &M EQUIPMENT - 8,000 8,125 8,000 5470 PRINTING 7,550 7,000 - 7,500 5521 UNIFORM &ACCESSORIES 1,331 3,120 1,000 5,000 5523E GAS -TRANSPORTATION 78,758 70,000 71,060 70,000 5524 TIRES 13,547 10,000 1,455 15,000 TOTAL OPERATING EXPENSES 235,953 205,930 185,215 213,310 CAPITAL OUTLAY 5641 EQUIPMENT 9,809 27,150 10,000 - 5642 VEHICLES - 108,260 110,000 - TOTAL CAPITAL OUTLAY 9,809 135,410 120,000 - TOTAL OTHER DISBURSEMENTS - - - TOTAL EXPENDITURES 584,839 710,840 659,047 635,396 _mw� TRANSPORTATION ATTACHMENT 66A" S J11 W%z5p AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND THE GOODYEAR TIRE AND RUBBER COMPANY FOR FLEET MAINTENANCE AND REPAIR SERVICES CONTRACT NO. climes THIS AGREEMENT, entered into this -- — . of 1 2012, by and between the CITY OF SUNNY ISLES BEACH (homer referred tasi the "City") and THE GOODYEAR TIRE AND RUBBER COMPANY an Ohio cogxa tKm, authorized to do business in the Stale of Florida (heamarla referred to as the ("Contractor, whose federal tent xknhfication number is 3 `t - OZ2S3 Zoo WHEREAS, the City is in need of a contractor to provide maintenance and repair services to City owed vehicle and busts ("Services'), as more particularly described m Invitation to Bid No. 12 -05-02; WHEREAS, the City advertised Invitation to Bid No. 12 -05-02 and the Contractor submitted a bid in response thereto, attached hereto as Attachment "A" and made a part hereof, WHEREAS, the Contractor is qualiSed, willing and able to provide the Services on the terms and conditions set forth herein; and WHEREAS, the City desires to eater into this Agreement with Contractor to provide the Services in a total amount not to exceed Sixty Thousand Dollars (560,000.00). NOW THEREFORE, in consideration of the foregoing and for the mutual covenants. repr ' atia®s and warranties and other good and valuable co the receipt and adaquacy of which is hereby acknowledged, the parties agree as follows: 1. RECITALS, The Recitals set forth above are hereby incorporated into this agreement and made a part hereof for reference. 2. SERVICES. VICES. Contractor shall provide the Services pursuant to the terms and conditions set forth in Invitation to Bid No. 12 -0542, incorporated herein by reference, and Contractor's response thereto, attached hereto as Attachment "A" and made a part hereof. 3. TERM- Subject to the provisions relating to the tarninefion of this Agreement as set forth in Section 10 bermr, nder, this Agreement shall commence on the first calendar day of the month succeeding approval of this Agreement by the City Commission and shall end one (1) year tbereaiier. 4. RENEWAL. Prior to, or upon completion of the initial one year term, the City shall have the option to renew this Agreement for an additional four (4) one year renewal helms. ATTACHMENT "B" Cl 112-MS -1W GOODYEAR TIRE AM RUBBER COMPAW 5. C�NSATION. As the entire oo ran under this Ag<e®ent and riming the tam of this Agreement, in wha/ever capacity nadend, the City shill pay Contractor an amount not to eaoeed Sixty Thousand Dollars ($60,000.00) for the performance of the Services. Payment to Contractor for aU charges and taus under thus Agreement t shall be m aoeordaae with this Ag at and the schedule of charges reflected in Attachmed "A" and under the folbwing conditions: a Diinrseaaeatts. There are no reimbursable expenses as ociated with this contract b. layunm SelmddL Invoices received from the Contractor pursuant to this Agroanent will be reviewed by the initiati City Departmment. If services have been render d in conformity with the Agreement, the invoice will be sent to the Finance Department for payment. Invoices must rehrmce the contact number assigned haato. invoices will be paid in accordance witb the State of Florida Prompt Payment Act. C. Avat'Mi KMy of Fttatda. The City's performance and obligation to pay under this Agreemment a conbngW upon an anmral approp u b w for its propose by the City Commissim In the event the City Commission fails to appropriate fiords for the particular purpose of this Agreement during any year of the term bereot then this Agnxment shall be terminated upon ten (10) days written notice and the Contractor shall be compensated for the Services satisfactorily performed prior to the effective date of terminstiom d. Feral Immice. In order for both parties herein to close their books and records, the Contractor will clearly state "final invoice" on the Contractor's SnaUlast billing to the City. This certifies that all services have been properly performed and all charges and costs have boar invoiced to the City. Since this account will thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Contrector. Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expeme or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the coated amounts until they are resolved by agreement with Contractor. Contiactor shad not pledge the City's credit or make it a gmaator of payment or surety for any contact, debt, obligation, judgment, lien, or any form of indebtedness, The Contractor further wam mts sod repruaents that it has no, obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 6. WDElrENDENT CONTRA HE - MONIMP. The Contractor is an independent contractor and shall be treated as such for all purposes. Nothing coattained in this agreem®t or any action of the parties shall be construed to constitute or to rimer the Contractor ao employee, partner, agent, shareholder, officer or in any other capacity other than as an independeffi contractor other than those obhgmbm which have been or shall have been undeataken by the City. Contractor shall be responsible for any and all of its own expenses in performing its duties as contemplated under this agreement. The City shall not be responsible for any expense incurred by the Contractor. Page 2 of 8 r i i mmi - Tup rnmYEAR TIRE AND RUBBER COMPANY The City shall have no duty to withhold any Federal m m taus or pay Social Security services and that Mich obliga6om shall be that of the Contractor, other dm those set forth in this agreement. Caimactor shell furnish its own , office and other supplies as it determines necessary in carrying out its duties under this agreement. 7. DMMANM Contractor shall, at its sole cost and aMmse, during the period of any work being performed under this Agreement, pmcum and ninintain the following minimum insurance coverages to protm the City and Contractor against all loss, cL®s, damage and liabilities tamest by Caatractor, its agents, contractors or employees, as more particularly set forth below: (a) General liability iasmance with limits of Two Killion Thousand Dollars ($Z 000, 000) combined single limit occurrence. Coverage must be afforded on a faro no move restrictive than the lamest edition of the Comprehensive General Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: Premises and/or Operations. Independent Contractors. Broad Form Property Damage. Broad Form Contractual Coverage applicable to this specific Agreement. Personal Injury Coverage with Employee and Contractual Exclusions removed with minimum limits of coverage equal to tt how required for Bodily Injury Liability and Property Damage Liability. The City of Sunny Isla Beach is to be mined as an additional insured with respect to liability arising out of operations performed for the City by or on behalf of Contractor or the acts or omissions of Contractor in connection with such operation. (b) Workers' Compensation insurance to apply for all cWloyees in compliance with the Workers Compensation Law of the State of Florida and all applicable federal laws. (c) Business Automobile Liability Insurarice with minimum limits of One hMon Dollars ($1, 000, 000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability Policy, without restrictive as filed by the Insurance Services Ole and must include: Owned vehicles. Hired and non -owned vehicles. Page 3 of 8 r t t tic - Tiv r4w)nvF.AR TIRE AND RUBBER COWANY Employers' non - ownership. Socli policies of issuance shall ad dimimsh Cam actors indannificadon obligstioos haeuoder. The insua®ce policy sWU be issued by such company, in such funs and with such limbs of liability and doles n an ac ccpbd& to the City and shall be endorsed to be primary over any imunace, which the City may mainfaim Bef xte any eat a idor this Agreement is perfoamed, and at nay time upon request, CauotraCtor shall furnish to the City cabficsaes of inauame evidencing the minimum required coverage and q% r pria®e1y endorsed for contractual liabr7ity with the City named as an additmai kmzed. AU policies shall contain a waiver of won eodorxmeat- AU policies amd cer i5caes shall be in fomrs and issued by inalsance COMPIRDiCS acceptable to the City Manager or his designee. All iasuraace policies amd certificates of insusoce shall provide diet the policies may not be canceled or altered without thirty (30) calendar day's prior written notice to the (Sty Manager or his designee. S. O OP DOCU11+f9dtITS AND EO AU doclmients proPned by the CoatraCtor pursuant to this agreement and related services to this agteern®t are intended and represented for the ownuship of the City Daly. Any other use by Contractor or other parties needs to be approved in writing by the City in order to be properly aatiamizod. 9. INDEMNIFICATION. Contractor agrees to indemnify and hold harmless, the City, its oifimas, agents, employees firm, and again any and all clmms, actions, liabilities, losses and expenses including, but not limited to, attorney's foes for personal, economic or bodily injuy, wrongful death, loss of or damage to property, at law or in equity, which may arise or may be alleged to have risen fiom the negligent acts, errors, omissions or other wrongfd conduct of the Contractor, agents or other personal Coco acting under Contractor's control in connection with the Contactor's performance of services pursuant to that agreement and to that extent the Cofactor shall pay such claims and losses and shall pay all such costs and judgments which may issue fiom any lawsuit arising from such claims aid losses including wrongful won or allegations of discrimmatm or harm, and shall pay all costs said attorneys fees expended by the City in defense of such claims and losses including appeals. The parties agree that ten percent (10%) of the total compensation is a spocific consideration from the City to the Contractor for this indemnity. 10. 1'ERMi11TATION9 A. If, through any cause within the reasonable control the Contractor shall fail to fulfill in a timely manner or otherwise violate any of the covenants, dents Or stiOlItiOus material to this agreement, the City shall have the right to fermi mft the services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Contractor of its violation of the particular teams of the agreement and grant Contractor ten (10) days to cme such default_ if the default remains uncured after tea (10) days the City may Wrminame this agreement In the event of termmnion, all fidobed and unu£mished documents, data ad other work product prepared by Conactor (and sub Coahactor(s)) shall be delivered to the City and the City shall compensate the Conhactor for all services satisfactorily performed prior to the date of termination, as provided in Paragraph 5 herein. Page 4 'of 8 C 1112-053 - THE GOODYEAR TntE AND RUBBER COMPANY �� (ii.) Notwithndigg the forgoing, the Co�tac6oc sbaU not be nlievod of liability to the City for damages sustained by it by virtue of a breach of the agreement by Contractor and the City may reasonably withhW payments to Contractor for the purposes of set-off until such time as the exact amount of damW due the City from the Contractor is determined. B. Tw aaiMMM for C at M. The City may, for its convenience and without cause the services then remaining to be pert read at any time by given written notice which shall becom effective ten (10) days following receipt by Contractor. The terms of Paragraphs A(i) and (ii) above shall be applicable hereunder. C. Twninat m for ►. The City also rearm the right to terminate the remaining Services to be performed in the event the Contractor is placed either in voluntary or involuntary bankruptcy or mates any assigmnent for the benefit of creditors. 11. ASSIGllY)[ NFM TRANSFM SUB _CONTRAC77 iS The Contractor shall not subcontract, assign or transfer any work under this agmement with the prior written consent of the City. Should the Contractor subcontract any services under this agreement, it shall be done with continued liability for the Contractor. The Contractor shall remain responsible for services, reaponsr'bilities and liabilities of any person or entity acting under Contractor. 12. WAIVER OF RIGHT TO JURY TRIAL. Each of the parties hereto hereby knowingly, voluntarily and i®entionally, waive the right which any may have to a jury trial in respect of any action, paoceeding, litigation or counterclaim based hereon or arising out of under, on or in connection with this agreement or any course of conduct, course of dealing, statements (whether verbal or written) or actions of either of party. 13. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in aceadanoe with the procedures, rules and regulations of the American Arbitration Association. IU decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered w any court having jurisdiction Arbitration shall be held in Miami -Dade County, Florida All costs of arbitration and attorneys, foes incurred by the parties shall be paid by the non-prev dit Ply or, if neither party prevails on the whole, each party shall be responsible for a portion of tie costs of arbitration and their respective attorneys' foes as may be determined by the court on confirmation. 14. CONFIDENTIAL WFORIKATION. The Contractor shall not, either during the term of this Agucema t or any time for a period of TEN ( l 0) years subsequent to that date upon which the Contractor shall leave the employment of the City for any reason whatsoever, disclose to any person or entity, other than in the discharge of the dirties of the Contractor under this Agreement, any ini+oromstion which the City designates in writing as "confidential." As a violation by the Contractor of the provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for swb violation, the City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Contractor in a court of equity for violating such provisiom Page 5 of 8 tj �• CI 112-055 - Tt1E GOODYEAR TIRE AND RUBBER COMPANY �, 15. 1W GM All notices and other communic afim spared or permitted to be given under this Agreement by either party to the other shall be in writing and shell be sort (accept as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt mpmaed, (ii) by guaranteed overnight delivery by a nstiomlly recognized pier service, or Citj) by facsimile with con icmation receipt (with a copy simultmom* seat by certified or registered me0, first clam postsga prep@K return receipt requested or by overnight delivery by . .itiiooelly recognized crier service), addressed to such potty as follows: U to tie City: Chief Fred A. Mass Acting City MMMW City of Sunny Isles Beach 18070 Collins Avenue Fourth Floor Sunny Isles Beach, Florida 33160 Tel: (305) 792 -1701 Wits a copy to: Hans Ottinot City Attorney City of Sunny Isles Beach 18070 Collins Avenue Fourth Floor Sunny Isles Beach, Florida 33160 Tel: (305 ) 792 -1702 Jose Sierra, Store Manager The Goodyear Tire and Rubber If to tie Coati br. Company 1700 N.E. 163'd Street North Miami Beach, FL 33162 16. GOVF.RMG LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 17.J iT_. The Contractor shall make available to the City or its representative all required fineoeial records associated with the Agreemoat for a period of n9WE (3) years• 18. NON-DISCBIIYII ATION. T>he Contractor agrees to comply with all local and state civil rights ordinances and with Tide VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing end Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Executive (,der 1 Americans and with Disabilities Act of 1990, the Age Discnmmation Act of 1975, Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, mwestry, national origin, sex, disability or other handicap, age, maritalftnilial status, or status with regwd to pubes assotsace. The Contractor will take eve action to insure that all employment prachas am flee from such discrimination. Such employment practices include but arc not limited to the following: him& upgrading, dernobon, layoff termumbon, rates of pay or other forms of ' �°°� or recruitment tioeslri The Contractor agrees to post in won, and selection for training, including appren p. conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this ' clause. Page 6 of S „tc _ „Ar MODYP.AR TIRE AND RUBBER COMPANY The Contractor agrees to comply with any Federal ragnlabm issued ptummot to compliance with Section 504 of the Rehabilitedon Act of 1973 (29 U.S.C. 708), which prohibds' discrimination spud the hsodicappod in ate► Federally assisted progrmn- 19. CONFI.iCI' OF EffrJ EST. The Co umaor agrees to awe to and be governed by the Miami-Dade Comfy Conflict of Icdr,,t Ordiomc a Section 2 -11.1, as amended; and by the City of Sunny Isles Beach Q dimoce No WIZ which we inoapaimed by mfizence herein as if fully set forth he=ms, in connection with the A pxmsat condition hereander. The Cofactor covenants that it p emly has no interest and shall not acquire any rest, direct or indirectly which should Coosa in my manner or degree with the pr6ormanoe of the services. The Contractor further covenants dw in the pm*mnanoe of this agmenient, no person having any such interest shall lmowingty be employed by the Contrac w. No member o1; or delegate to the Congress of the United States shall be admitted to any share or part of this agmemall or to ate► benefits arising dtesetiom. 20. Uff= AGREMM . This Agreement, together widr all terms and conditions contained in Fleet Mainncx and Reparr Services, Invitation to Bid No. 12 -0544 contains the entire sgreemment of die parties, and may be amended, waived, changed, modified, extended or rescinded only by a writing signed by the patty against whom any such muendmenc, waiver, chmge, modification, extension and/or rescission is sought. [Rdmidider of pray I - rA a -lb, k* Mork] Pale 7 of S E� 01112 -05 - THE GOODYEAR TIRE AND RUBBER COMPANY ;�' r IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. kW 0. 1 � "M OEM, , k It . I In I I I'm 'm,l t 0 Signatm Print Name THE GOODYEAR TIRE AND RUBBER COMPANY BY: — Si and Tile F yr ATTEST: CITY OF SUNNY ISLES BEACH B BY: Ywotli4,1,4 Jane A. Hines, CMC, City Clerk n6rman S, Edelcup, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY Attorney Page 8 of S r i 112.ASS - THE GOODYEAR TIRE AND RUBBER COMPANY SIB LF .1�4': -- o FLO a TO: VIA: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947 -0606 City Hall (305) 949 -3113 Fax MEMORANDUM The Honorable Mayor and City Commission Christopher J. Russo, City Manager Bill Evans, Assistant City Manager 2/20/2014 Second Amendment to the Agreement with Goodyear Tire & Rubber Company for the purchase of the City of Sunny Isles Beach Shuttle Bus Tires RECOMMENDATION: Staff is recommending the City Commission approve the attached resolution. REASONS: On July 19, 2012 via Resolution No. 2012 -1935, the City Commission approvec an Agreement with The Goodyear Tire & Rubber Co. for Fleet Maintenance anc Repair Services in an amount not to exceed Sixty Thousand Dollars ($60,000.00). On November 21, 2013 via Resolution No. 2013 -2157, the City Commissior approved the First Amendment to Agreement with The Goodyear Tire & Rubbel Co. to provide fleet maintenance and repair services, in an amount not to exceec Sixty Thousand Dollars ($60,000.00). Staff is also recommending the City Commission approve the purchase of tires in an amount not to exceed Ter Thousand Dollars ($10,000.00), through the State of Florida and Goodyear Tire 8 Rubber Company Agreement Number 863 - 000 -10 -1, for a total amount not tc exceed of Seventy Thousand Dollars ($70,000.00). However, this First Amendment to the Agreement did not include the City's Shuttle Bus tires that were budgeted for this Fiscal Year. Staff is recommendinc the City Commission approve this Second Amendment to Agreement with The Agenda Item No. IOL Date 2 %20'2014 218 Goodyear Tire & Rubber Co. to provide shuttle bus tires, in an amount not tc exceed Twelve Thousand Five Hundred Dollars ($12,500.00) for a total amourn not to exceed Eighty -Two Thousand Five Hundred Dollars ($82,500.00). ATTACHMENTS: . Resolution . Agreement Agenda Item No. I OL Date 2'20/2014 219