HomeMy WebLinkAboutReso 2019-2979RESOLUTION NO.2019 - 2 7
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING A SECOND
AMENDMENT TO THE AGREEMENT WITH THE GOODYEAR
TIRE & RUBBER CO. FOR FLEET MAINTENANCE AND REPAIR
SERVICES, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED
THOUSAND DOLLARS ($100,000.00), ATTACHED HERETO AS
EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO EFFECTUATE THIS RESOLUION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on September 21, 2017 via Resolution No. 2017-2724 the City awarded
Invitation to Bid (ITB) No. 17-08-01 to and entered into an Agreement with The Goodyear Tire &
Rubber Co. for Fleet Maintenance and Repair Services; and
WHEREAS, on September 20", 2018, via Resolution No. 2018-2859 the City Commission
ratified a First Amendment to the Agreement with The Goodyear Tire & Rubber Co. for Fleet
Maintenance and Repair Services, thereby exercising its first of four (4) options to renew the
Agreement for an additional year period; and
WHEREAS, The Goodyear Tire & Rubber Co. is qualified, willing and able to continue
providing the desired services on the terms and conditions set forth; and
WHEREAS, the City wishes to exercise its second of four (4) renewal options and approve a
Second Amendment to the Agreement with The Goodyear Tire & Rubber Co. to provide said
services, in an amount not to exceed One Hundred Thousand Dollars ($100,000.00), 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. The City Commission hereby approves the Second
Amendment to the Agreement with The Goodyear Tire & Rubber Co. to provide said services, in an
amount not to exceed One Hundred Thousand Dollars ($100,000.00), attached hereto as Exhibit "A".
Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 3. Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 19t" day of September 2019.
R2019 2nd Amend Goodyear Fleet Maintenance and Repair Srvs Page I of 2
ATTEST
M
, CMC, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Edward A. Dion, City Attorney
Vote:
Mayor Scholl
Vice Mayor Svechin
Commissioner Goldman
Commissioner Lama
Commissioner Viscarra
Moved by: &vVISsliorJE7� 60Lt i44
Seconded by:y, cc PhqOk SVQA nl
(Yes)
�— (Yes)
✓ (Yes)
4(Yes)
(Yes)
(No)
(No)
(No)
(No)
(No)
R2019 2nd Amend Goodyear Fleet Maintenance and Repair Srvs Page 2 of 2
SUNNY IS �
a°� \; SECOND AMENDMENT TO THE AGREEMENT BETWEEN
`'''= THE CITY OF SUNNY ISLES BEACH AND
GOODYEAR TIRE AND RUBBER COMPANY
o.>r u. sup n••o tt
CONTRACT NO. 2019 — 0719
This Second Amendment to the Agreement between the CITY OF SUNNY ISLES BE
A
("City") and GOOD YEAR TIRE AND RUBBER COMPANY, ("Contractor") executed this ,
day of September, 2019, is made a part of the original Agreement between the parties dated September
21, 2017, Contract No. 0719-1718-094 and First Amendment Contract No. 0719-119 ("the Agreement"),
between the City and Contractor attached hereto as Attachment "A" whose Federal Identification # is
34-0253240. The City and Contractor hereby agree as follows:
1. SECOND OPTION TO RENEW. The City hereby elects to exercise its second option to renew
the Agreement for one (1) year as set forth in Section 4 of the original Agreement, a copy of which is
attached hereto and incorporated herein as Attachment "A". The term of this Second Amendment shall
terminate no later than September 17, 2020. The City has a right to exercise two (2) additional one (1)
year renewals as per the original Agreement. This Second Amendment shall become effective upon
being signed by both Parties.
2. ADDITIONAL COMPENSATION. Section 5 of the original Agreement between the parties
is hereby amended to include additional compensation for this one (1) year renewal term in an amount
not to exceed One Hundred Thousand Dollars ($100,000) for this Second Amendment.
3. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all
terms and conditions of the original Agreement and First Amendment between the parties shall remain
in full force and effect.
4. CONFLICTING PROVISIONS. The terms, statements, requirements, and provisions
contained in this Second Amendment shall prevail and be given superior effect and priority over any
conflicting or inconsistent term, statement, requirement or provision contained in any other document or
attachment, including but not limited to Attachment "A".
Signatures on Next Page
2019 - 0719 Goodyear Tire and Rubber Company
IN WITNESS WHEREOF, the parties hereto have executed this document as of the date
mentioned above.
WITNESS:
Signature
Print Name
ATT
BY: N A
Department Head
GOODYEAR TIRE AND RUBBER
COMPANY
CIT
MIN
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: _
Edward Dion, City Attorney
2019 - 0719 Goodyear Tire and Rubber Company 2
{
I-w I II
Y AGREEMENT BETWEEN THE CITY OF SUNNY ISLES
' OBEACH AND THE GOODYEAR TIRE AND RUBBER COMPANY
FOR FLEET MAINTENANCE AND REPAIR SERVICES
CONTRACT NO. C0719-1718-094
THIS -AGREEMENT, entered into this *_Z1 day of 2017, by and
between the CITY OF SUINrNY ISLES BEACH (hereinafter referred as to the "City") and THE
v00DYEAR TIRE AND RUBBER COMPANY, (hereinafter referred to as the ("Contractor" ),
whose federal tax identification number is 34-0253240.
RECITALS
WHEREAS, the City is in need of a contractor to provide maintenance and repair services
' to City owned vehicle and buses ("Services"), as more particularly described in •Invitation to Bid
No. 17-08-01;
WHEREAS, the City advertised Invitation to Bid No. 17-08-01 and the Contractor
submitted a bid in response thereto, attached hereto as Attachment "A" and made a part hereof;
WHEREAS, the Contractor is qualified, willing and able to provide the Services on the
terms and conditions set forth herein; and
WHEREAS, the City desires to enter into this Agreement with Contractor to provide the
Services during the initial one (1) year term in a total amount not to exceed One Hundred Thousand
Dollars ($100,000.00).
NOW THEREFORE, in .consideration of the foregoing and for the mutual covenants,
representations and warranties and other good and valuable consideration, the receipt and adequacy
of which is hereby acknowledged, the parties agree as follows:
1. RECITALS. The Recitals set forth above are hereby incorporated into this agreement and
t made a hart hereof for reference.
a 2. SERVICES. Contractor shall provide the Services pursuant to this Agreement as well as all
terms and conditions set forth in Invitation to Bid No. 17-08-01, which is incorporated herein by
reference, and Contractor's response thereto, which is attached hereto as Attachment "A" and made
a part hereof. Additionally, Contractor agrees that tire purchases in connection with this Agreement
shall be:made pursuant to Contractor's Participating Addendum with the State of Florida, Contract
No. 25172500-2-WSCA-I 5-ACS, a copy of which is attached hereto as Attachment '°B" and made
a part hereof.
1
J. TERM. Subject to the provisions relating to the termination of this Agreement as set forth
in Section 10 hereunder, the initial one (1) year term of this Agreement shall commence retroactive
t to September 18, 2017, and end no later than September 17, 2018.
I Page I of 9
i
ATTACHMENT "A"
C0719.094 -THE GOODYEAR TIRE AND RUBBER COMPANY
4. . RENEWAL. Prior to, or upon completion of the initia! one year term, the City shall have
the option to renew this Agreement for an additional four (4) one year renewal terms.
5. COMPENSATION. As the entire compensation during the initial one (1) year term of this
Agreement, in whatever capacity rendered, the City shall pay Contractor an amount not to exceed
One Hundred Thousand Dollars ($100,000.00) for the performance of the Services. Payment to
Contractor for all charges and tasks under this Agreement shall be in accordance with this
Agreement and the schedule of charges reflected in Attachments "A" and "B" and tinder the
following conditions:
a. Disbursements. There are no reimbursable expanses associated with this contract.
b. Paymen± Schedule. invoices received from the Contractor pursuant to this
Agreement will be reviewed by the initiating City Department. If services have been
rendered in conformity with the Agreement, the invoice will be sent to the Finance
Department for payment. Invoices must reference the contract number assigned
hereto. Invoices will be paid in accordance with the State of Florida Prompt
Payment Act.
C. Availability of Funds. The City's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation for its purpose by the City
Commission. In the event the City Commission fails to appropriate funds -for the
particular purpose of this Agreement during any year of the term hereof, then this
Agreement 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 termination.
d. Final Invoice. In order for both parties herein to close their books and records, the
Contractor will clearly state `'final invoice" on the Contractor's linalflast billing to
the City. This certifies that all services have been properly performed and all
charges and costs have been 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 Contractor.
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 expense 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 contested amounts until
they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or
make it a guarantor of.payment or surety for any contract; debt, obligation, judgment, lien, or any
form of indebtedness. The Contractor further warrants and represents that it has no obligation or
indebtedness that would impair its ability to fulfiil the terms of this Agreement.
6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent
contractor and shall be treated as such for all purposes. 'Nothing contained in this agreement or any
action of the parties shall be construed to constitute or to render the Contractor an employee,
partner, agent, shareholder, officer or in any other capacity other than as an independent contractor
Page 2 of 9
C0719.094 —THE GOODYEAR TIRE AN' DRUBBER COMPANY
other than those obligations which have been or shall have been undertaken 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.
The City shall have no duty to withhold any Federal income taxes or pay Social Security services
and that such obligations shall be that of the Contractor, other than those set forth in this agreement.
Contractor shall furnish its own transportation, office and other supplies as it determines necessary
in carrying out its duties under this agreement.
7. INSURANCE. Contractor shall, at its sole cost and expense, durip_g the period of any Work
being performed under this Agreement, procure and maintain the following minimum insurance
coverages to protect the City and Contractor against all loss, clainns, dai<<age and liabilities causad
by Contractor,its agents, contractors or employees, as more particularly set forth below:
(a) General liability insurance with limits of Two Million Dollars
($2,000,000.00) combined single limit occurrence. Coverage must be afforded on a
form no more restrictive than the latest edition of the Comprehensive General
Liability Policy, without restrictive endorsements, as filed by the Insurance Services
Office, and must include:
Premises ardlor 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 those required for Bodily
Injury Liability and Property Damage Liability.
The City of Sunny Isles Beach is to be named 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 employees in compliance
with the Workers Compensation Law of the State of Florida and all applicable
federal laws.
(c) Business Automobile Liability Insurance with minimum limits of One
Million 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 endorsements, as filed by the Insurance Services Office
and must include:
Nee 3 of
C0719-094 - THE GOODYEAR TIRE AND RUBBER COMPANY
Owned vehicles.
Hired and non -owned vehicles.
Employers' non -ownership.
(d) Garage Liability coverage for Garage Operations with minimum limits of not less
than One Million Dollars ($1,000,000.00) per occurrence.' If the insurance includes a
general aggregate limit, that limit shall appl;, separately to this Agreement or shall be at
least three times the required per occurrence limit.
(e) Garage keeper's Legal Liability with minimum limits of not less than One Million
Dollars ($1,000,000.00) per -occurrence. If the insurance includes a general aggregate limit,
that limit shall apply separately to this Agreement or shall be at least three times the
required per occurrence limit.
Such policies of insurance shall not diminish Contractors indemnification obligations hereunder.
The insurance policy shall be issued by such company, in such forms and with such limits of
liability and deductibles as are acceptable to the City and shall be endorsed to be primary over any
insurance, which the City may maintain. Before any work under this Agreement is performed, and
at any time upon request, Contractor shall funiish to the City certificaies of insurance evidencing
the minimum required coverage and appropriately endorsed for contractual liability with the City
named as an additional insured. All policies shall contain a waiver of subrogation endorsement.
All policies and certificates shall be in forins and issued by insurance companies acceptable to the
City Manager or his designee. All insurance policies and certificates of insurance shall provide that
the policies may not be canceled or altered without thirty (30) calendar days prior written notice to
the City Manager or his designee.
8. . OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by the
Contractor pursuant to this agreement and related services to this agreement are intended and
represented for the ownership of the City only. Any other use by Contractor or other parties needs
to be approved in writing by the City in order to be properly authorized.
9. INDEMNIFICATION. Contractor agrees to indemnify and hold harmless, the City, its
officers, agents, employees from, and against any and all claims, actions, liabilities, losses and
expenses including., but not limited to, attorney's fees for personal, economic or bodily injury;
wrongful death, loss of or damage to property, at law or in equity, which may arise or .may be
alleged to have risen from the negligent acts, errors, omissions or other wrongful conduct of the
Contractor, agents or other personal entity acting under Contractor's control in connection with the
Contractor's performance of services pursuant to that agreement and to that extent the Contractor
shall pay such claims and losses and shall pay all such costs and judgments which may issue from
any lawsuit arising from such claims and losses including wrongful termination or allegations of
discrimination or harassi-nent, and shall pay all costs and attomeys' 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 specific consideration, from the City to the Contractor for this indemnity.
Page 4 of 9
C0719-694 — THE GOODYEAR TIRE AND RUBBER CONIPANY
10. TERMINATION.
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, agreements or stipulations material to
this agreement, the City shall have the right to terminate 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 terms of the agreement and grant Contractor ten (10)
days to cure such default. If the default remains uncured after ten (10) days the City may terminate
this agreement
In the event of ten�ination, all f1�iished and unfinished docun-,ents, data and other
work product prepared by Contractor (and sub Contractor(s)) shall be delivered to
the City and the City shall compensate the Contractor for a!1 services satisfactorily
performed prior to the date of termination, as provided in Paragraph 5 herein.
(11.) Notwithstanding the foregoing, the Contractor shall not be relieved 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 withhold payments to Contractor for the purposes of
set-off until such time as the exact amount of damages due the City from the
Contractor is determined.
B. Termination for Convenience of City. The City may, for its convenience and
without cause terminate the services then remaining to be performed at any time by given written
notice which shall become effective ten (10) days following receipt by Contractor. The terms of
Paragraphs A(i) and (ii) above shall be applicable hereunder.
C. Termination for Insolvency. The City also reserves the right to terminate the
remaining Services to be performed in the event the Contractor is placed either in voluntary or
involuntary bankruptcy or makes any assignment for the benefit of creditors.
11. ASSIGNMENTS, TRANSFERS, SUBCONTRACTING. The Contractor shall not
subcontract, assign or transfer any work under this agreement 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,
responsibilities 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 intentionally, waive the right which any may have to a jury trial in respect of any
action, proceeding, 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. GOVERNING LAW, VENUE, AND ATTORNEYS FEES. it is agreed that this
Agreement shall be governed by, construed and enforced in accordance with the laws of the State of
Florida. Venue for any legal proceeding shall be in Miami Dade County, Florida. In the event it
becomes necessary for the City to file a lawsuit to enforce any term or provision under this
Page 5 of 9
C0719.094 -THE GOODYEAR TIRE AND RUBBER COMPANY
Agreement and the City is the prevailing party then the City shall be entit!ed to its costs and
attorney's fees at the pretrial, trial and appellate levels.
14. PUBLIC RECORDS.. The Contractor shall be required to comply with the following
requirements under Florida's Public Records Law:
(i.) Contractor shall keep and maintain public records required by the City to perform the
service.
(ii.) Upon request from the City, Contractor shall provide the City with a copy of the
requested records or allow the records to be inspected or'copied within a reasonable time at a cost
that does not exceed the cost provided by Chapter 119, rlorida Statutes, or as otherwise provided by
law.
(iii.) Contractor shall ensure that public records that are .xempt or confidential and exempt
from public records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the Contractor does not
transfer the records to the City.
(iv.) Contractor shall, upon completion of the contract, transfer, at no cost, to the City all
public records in possession of the Contractor or keep and maintain public records required by the
City to perform the service. If the Contractor transfers all public records to the City upon
completion of the contract, the Contractor shall destroy any duplicate public records that are exempt
or confidential and exempt from public records disclosure requirements. If the Contractor keeps and
maintains .public records upon completion of the contract, the Contractor shall meet -all applicable
requirements 'for retaining public records. All records stored electronically must be provided by
Contractor to the City, -upon request from the City, in a format that is compatible with the
information technology systems of the City.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA, STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC
RECORDS AT (305) 792-1703, CityClerk@sibil.net, 18070 Collins Avenue, 4`"
Floor, Sunny Isles Beach, Florida 33160.
15. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of
this Agreement or any time for a period of TEN (10) 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 duties of the Contractor under this Agreement;
any information 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 such 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 provisions.
16. NOTICES. All notices and other communications required or permitted to be given
under this Agreement by either party to the other shall be in writing and shall be sent (except as
otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return
Page 6 of 9
C0719-094 —THE GOODYEAR TIRE AND RUBBER COMPANY
receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier sei-vice,
or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or
registered mail, first class postage prepaid, return receipt requested. or by ovemight delivery by
traditionally recognized courier sen�ice), addressed to such party as follows:
If to the City: Chief Fred A. Mass
Acting City Manager
City of Sunny Isles Beach
18070 Collins Avenue
Fourth Floor
Sunny Isles ueacii, Florida 33160
Tel: (305) 792-1701
If to the Contractor: Allan Alcerro, Store Manager
The Goodyear Tire and Rubber
Company
12850 W. Dixie Highway
North Miami Beach, FL 33161
With 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
17. COMPLIANCE. The Contractor shall comply with all applicable laws, ordinances, and
codes of Federal, State, and local governments.
18. FEDERAL AND STATE MANUFACTURING AND SAFETY STANDARDS. It
is intended that the Contractor be in in full and complete compliance with all Federal and Florida
State laws and regulations that apply to tires and other related services. This includes, but not
limited to, U.S. Department of Transportation, FDOT, NHTSA, Federal MVSS, OSHA and EPA
standards. The Contractor shall notify the City in writing of items and procedures not in compliance
with such standards and shall inunediately make correction thereof to comply.
19. AUDIT. The Contractor shall make available to the City or its representative all required
financial records associated with the Agreement for a period of THREE (3) years.
20. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil
rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the
Civil Rights Act of 1968 as amended, Title l.of the Housing and Community Development Act of
1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities
Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive
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, ancestry, national origin, sex, disability or other handicap, age,
marital/familial status, or status with regard to public assistance. The Contractor will take
affirmative action to insure that all employment practices are free from such discrimination. Such
employment practices include but are not limited to the following: hiring, upgrading; demotion,
transfer, recruitment or recruitment advertising, layoff, tennination, rates of pay or other forms of
Pase 7 of 9
C0719.094 - THE GOODYEAR TIRE AND RUBBER COMPANY
compensation, and selection for training, including apprenticeship. The Contractor agrees to post in
conspicuous places, available to employees and applicants for employment, notices to be provided
by the City setting forth the provisions of this non-discrimination clause.
The Contractor agrees to comply with any Federal regulations issued pursuant to compliance with
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination
against the handicapped in any Federally assisted program.
21. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by -the
Miami -Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by the City of
Suany isles Beach Ordinance No. 99-82, which are ineorpurateu by reference herein as if fully set
forth herein, in connection with the Agreement conditions hereunder. The Contractor covenants
that it presently has no interest and shall not acquire any interest, direct or indirectly which should
conflict in any manner or degree with the performance of the services. The Contractor further
covenants that in the performance of this agreement, no person having any such interest shall
knowingly be employed by the Contractor. No member of, or delegate to the Congress of the
United States shall be admitted to any share or part of this agreement or to any benefits arising
therefrom.
22. ENTIRE AGREEMENT. This Agreement, together with all terms and conditions
contained in Fleet'Maintenance and Repair Services, invitation to Bid No. 17-08-01, as well as
Attachments _`*A" and `B", contain the entire agreement of the parties, and may be amended,
waived, changed, modified, extended or rescinded only by a writing signed by the party against
whom any such amendment, waiver, change, modification, extension and/or rescission is sought.
23. MISCELLANEOUS.
A. In the event any provision of this Agreement is found to be void and/or
unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement
shall nevertheless be binding upon the parties with the same effect as though the void or
unenforceable provisions had been severed and deleted.
B. This Agreement may be executed in multiple identical counterparts, each of which
shall be deemed an original for all purposes.
C. No waiver of any provision of this Agreement shall be valid or enforceable unless
such waiver is in writing and signed by the.party granting such waiver.
D. Each individual executing this Agreement on behalf of a party hereto hereby
represents and warrants that he or she is, on the date he or she signs this Agreement, duly
authorized by all necessary and appropriate action to execute this Agreement on behalf of such
party and does so with full legal authority to bind their respective part) to this Agreement.
E. The terms and conditions in this Agreement shall supersede and take priority over
any inconsistent or conflicting provisions that are contained in any other document or attachment,
including but not limited to Attachments "A" or "B", attached hereto and incorporated herein by
Pa0e 8 of 9
C0719.094 — THE GOODYEAR TIRE AND RUBBER COiNVANY
reference, or aily other document -or. atincl-firnent not specifically' attached hereto or -otherwise
rek(encedin this Agreement.
IN'NVITNESS'WHERROF, the parties hereto ha.v.e executed this Agal-qerneritAn dtipli6ard on the
day-and.ye:ar -fd9t w.Irktten.Aboye:,
W-.IT-.Nr----iZS:
SigflatuM-
Prim Name.
ATTEST(
E,T
'BY: 7
C i
MR o B tandCf u
A..ctmg. Cj .(y Clerk
e,4
TITIEGOODYE - A - R11RE-AND
RUBBER COMPANY
BY:
Al I an X—IpednrO, —Wrc".Manager
CITY 01Y.SUINNYASLES BEACH
BY.: — I
George 0. ScItol I, Mayor
APPROVED AS -TO FORKANID
LEGAL 81.UFF1. CIE -NCY
CiAttorney
Page 9 of 9
C671M94-THE GOoDYEA It ME AN D-,RQDI3FIUC0MPAN.Y
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall .
��r' or suN rao (305) 944-3113 Fax
MEMORANDUM
TO:
The Honorable Mayorand City Commission
VIA:
Christopher J. Russo, City Manager
FROM:
Tiffany D. Neely, Finance Director
DAT E:
9/19/2019
Authorizingthe. City Mana. er to Enter irto a Second'
tY 9
RE:
ArnendmenT.:to the,Agfeement with Goodyear Tire and
Rubber Company
RECOMMENDATION:
Staff is recommending
the City Commission approve the attached
resolution.
REASONS:
Goodyear was awarded the bid in 2017 for Fleet Maintenance and
Repair Services as well as Tires and Installation for the City's vehicles.
The City wishes to continue 'using their services for this one year
renewal term in an amount not to exceed $! 00,000. There are two (2)
additional one year renewals remaining'.
FUNDING SOURCE:
V6ri0u9 buoget accounts:
ATTACHMENTS:
Description
Resolution
Second Amendment
Item Number: 10.J.
218