HomeMy WebLinkAboutReso 2021-3179RESOLUTION NO.2021 -
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING A FOURTH
AMENDMENT TO THE AGREEMENT WITH THE CITY OF HIALEAH
TO PROVIDE MAINTENANCE, REPAIR, AND STORAGE SERVICES
FOR THE CITY'S SHUTTLE BUSES, VEHICLES AND EQUIPMENT, IN
AN AMOUNT NOT TO EXCEED TWO HUNDRED THOUSAND
DOLLARS ($200,000.00); AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID AMENDMENT AND TO DO ALL THINGS
NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Section 163.01, Florida Statutes, authorizes local governing bodies to enter
into agreements for the mutual benefit of governmental units; and
WHEREAS, on April 21, 2016 via Resolution No. 2016-2545 the City entered into an
Interlocal Agreement with the City of Hialeah ("Agreement") for Vehicle Maintenance Services
for the Shuttle Bus Program, in an amount not to exceed $60,000.00 per year; and
WHEREAS, on October 18, 2018 via Resolution No. 2018-2874, the City Commission
provided the City Manager with the authority to execute the renewal options provided for in the
original Agreement; and
WHEREAS, upon the expiration of the initial three (3) year term of the Agreement,
which expired in May 2019, the City Manager exercised his authority and renewed the
Agreement for a period of one (1) year; and
WHEREAS, upon the expiration of the first renewal term, which expired in May 2020,
the City Manager exercised his authority and renewed the Agreement for an additional one (1)
year period; and
WHEREAS, the City is pleased with the work the City of Hialeah has provided and
wishes to continue utilizing their services for the buses as well as add in other large equipment/
vehicles such as the dump truck and the bucket truck, to this maintenance program; and
WHEREAS, the City Manager has requested an amendment to the term of the original
Agreement to be extended for an additional 29 months, beginning May 10, 2021 and terminating
no later than October 9, 2023; and
WHEREAS, the City Commission wishes to approve a Fourth Amendment to the
Agreement with the City of Hialeah to provide vehicle maintenance services for the City's shuttle
buses, in an amount not to exceed Two Hundred Thousand Dollars ($200,000.00), attached
hereto as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
R2021 Fourth Amend w Hialeah Interlocal Agmt for Shuttle Bus Maint Paget of 2
Section 1. Approval of Fourth Amendment. The City Commission hereby approves a Fourth
Amendment to the Agreement with the City of Hialeah to provide vehicle maintenance services
for the City's shuttle buses, in an amount not to exceed Two Hundred Thousand Dollars
($200,000.00), 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 18th day of re 2021.
George H. Scholl, Mayor
k
AT
B�tancur, CMC, City Clerk
APPROVED AS TO FORM
AND LE SUFFICIENCY:
0(
Edward . Dion, City Attorney
1
/I, /A`/`�
Moved by: a�'Seconded by:
Vote:
Mayor Scholl
(Yes)
(No)
Vice Mayor Svechin
(Yes)
(No)
Commissioner Goldman
V (Yes)
(No)
Commissioner Lama
(Yes)
(No)
Commissioner Viscarra
(Yes)
(No)
R2021 Fourth Amend w Hialeah Interlocal Agmt for Shuttle Bus Maint Page 2 of2
S�wNY ,Sce�R
A City of Sunny Isles Beach
t pn 18070 Collins Avenue
Sunny Isles Beach, Florida 33160
yp CD9Y� FLO¢�QOyG. (305) 949 3116 City Hall
13 Fax
MEMORANDUM
TO:
The Honorable Mayor and City Commission
VIA:
Christopher J. Russo, City Manager
FROM:
Sylvia Flores, Director of Cultural & Community
Services
DATE:
3/18/2021
RE:
Fourth Amendment to Interlocal Agreement with City of
Hialeah
RECOMMENDATION:
This resolution is presented for your consideration
REASONS:
In 2016, the City entered into an Interlocal Agreement with the City of
Hialeah for maintenance of our shuttle buses, in order to meet county
and federal guidelines. The guidelines are required as part of funding
received by Miami Dade County and a federal grant for our Shuttle
Bus operation.
City of Hialeah continues to meet all of these requirements and can
provide a one -stop shop in that they will coordinate all maintenance,
including warranty work, and maintain all records relating to all SIB
shuttle buses. This will streamline the process for our Fleet
Maintenance Division as well as ensure compliance with all county
and federal regulations, They specialize in large vehicles such as our
shuttle buses.
ADDITIONAL INFORMATION:
We are requesting to renew this agreement, for 29 months, in order to
coincide with the City's fiscal year. For this 29-month period, we are
requesting a not -to -exceed amount of $200,000. We will only be
paying for services rendered.
FUNDING SOURCE:
Funding for this item is budgeted for and available in Account Number
110-6-5440-446000-00000.
ATTACHMENTS:
Description
Resolution
Fourth Amendment, City of Hialeah
Item Number: 10.13.
OSUNNY st��A
4
Y FOURTH AMENDMENT TO THE INTERLOCAL AGREEMENT
"• •` BETWEEN THE CITY OF SUNNY ISLES BEACH AND THE CITY OF
_HIALEAH FOR TRANSIT BUS, MOTOR VEHICLES AND
°e sti
EQUIPMENT MAINTENANCE AND REPAIR
This Fourth Amendment to the Interlocal Agreement between the CITY OF SUNNY ISLES
BEACH ("SIB") and CITY OF HIALEAH, FLORIDA ("Hialeah") executed this 1 day of
PkC.44 , 2020, is made a part of the original Interlocal Agreement ("Agreement") dated
May 10, 2016, as amended, attached hereto as Attachment "A", and incorporated herein by reference.
SIB and Hialeah hereby agree as follows:
1. AMENDING TERM. The parties hereby amend Section 3, "Term", of the Agreement to
provide for an additional renewal term of twenty-nine (29) months.
2. OPTION TO RENEW. The parties hereby exercise the option to renew the Agreement for
the additional twenty-nine (29) month term provided for in Section 1 herein.
3. EFFECTIVE DATE OF RENEWAL TERM. The Effective Date of this Fourth Amendment
shall commence May 10, 2021 and shall terminate no later than October 9, 2023.
4. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all
terms and conditions of the original Agreement between the parties, dated May 10, 2016, as amended,
shall remain in full force and effect.
5. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions
contained in this Fourth Amendment shall prevail and be given superior effect and priority over any
conflicting or inconsistent terms, statements, requirements or provisions contained in any other
document or attachment, including Attachment "A".
(Remainder of the Page is Intentionally Left Blank)
FOURTH AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND
THE CITY OF HIALEAH FOR TRANSIT BUS, MOTOR VEHICLES AND EQUIPMENT MAINTENANCE AND REPAIR
Page 1 of 2
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
IN WITNESS WHEREOF, the parties hereto have executed this document in duplicate as of the
date mentioned above.
ATTEST:
BY: 0A'--3
Mar elys Fatjo, y Clerk
APPROVEIP AS TO FO
LEGAL SU FICIE"
CityAttoryj
ATTES,';�'�
, CMC, City Clerk
CITY OF HIALEAH
BY:
/bs-tH--�emandez, Mayor
CITY OF SUNNY ISLES BEACH
BY: e24// ;�
Christopher J. Russo, City Manager
APPROVED AS TO FORM AND
LEGAL SUFFIC CY
. B
Edward A. Dion, City Attorney
FOURTH AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND
THE CITY OF HIALEAH FOR TRANSIT BUS, MOTOR VEHICLES AND EQUIPMENT MAINTENANCE AND REPAIR
Page 2 of 2
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment "A"
Original Agreement
FOURTH AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND
THE CITY OF HIALEAH FOR TRANSIT BUS, MOTOR VEHICLES AND EQUIPMENT MAINTENANCE AND REPAIR
SJNHY IS�F � �F••p�A!',
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F SUN �-
INTERLOCAL AGREEMENT BETWEEN THE CITY OF SUNNY ISLES
BEACH AND THE CITY OF HIALEAH FOR TRANSIT BUS, MOTOR
VEHICLES AND EQUIPMENT MAINTENANCE AND REPAIR
THIS INTERLOCAL AGREEMENT (hereinafter "Agreement") is made in
duplicate, this JO'-' day of May, 2016 by and between the CITY OF SUNNY ISLES
BEACH, (hereinafter "SIB"), and the CITY OF HIALEAH, FLORIDA (hereinafter
"Hialeah"), a Florida municipal corporation, and jointly referred to herein as the Parties.
RECITALS
WHEREAS, the City of Sunny Isles Beach, Florida and the City of Hialeah, Florida
agree to enter into an Interlocal Agreement pursuant to Section 163.01, Florida Statutes, that
allows local governments to make the most efficient use of their powers to enable them to
cooperate with each other, when mutually advantageous, in providing services and facilities in
the best interest of the public; and
WHEREAS, Hialeah operates a full service fleet maintenance facility; and
® WHEREAS, Hialeah has expressed an interest in contracting with SIB to provide
maintenance, repair and limited garaging of transit vehicles to SIB (hereinafter "Services"); and
WHEREAS, SIB and Hialeah have established a mutually beneficial proposal that
provides for additional resources to Hialeah, while fulfilling the need for maintenance and
garaging for transit vehicles for SIB's operations.
NOW THEREFORE, for and in consideration of the terms, conditions and covenants
contained herein, SIB and Hialeah 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. Hialeah hereby agrees to provide maintenance, repair and bus storage
services (hereinafter "Scope of Services" or "Services") to SIB, pursuant to the Scope of Services
described and attached hereto in Exhibit "A" and incorporated herein, in accordance with the
terms and conditions of this Agreement.
3. OPTIONAL SERVICES. In addition to the Services described in Section 2 above,
Hialeah may, depending on its capacity and available resources, agree to undertake the
obligation to service, maintain or repair other additional SIB owned vehicles and equipment,
including but not limited to, large dump trucks, street sweepers and/or bucket trucks, as
Lnterlocal Agreement —Bus Maintenance
d7 1
requested by SIB pursuant to the same terms and conditions described in Exhibits "A" and "B"
attached hereto (hereinafter "Optional Services").
• 4. TERM. Subject to the provisions relating to cancellation of this Agreement as set forth
hereunder, the term of this Agreement shall be for an initial period of three (3) years,
commencing ten (10) days from the date of approval of this Agreement by both Parties.
5. OPTIONAL RENEWAL TERMS. The Parties reserve the right to renew this
Agreement for two additional consecutive terms, each renewal term being one year upon the
mutual consent and written agreement of the Parties
6. CANCELLATION. This Agreement may be canceled by either Party, with or without
cause, by providing one -hundred twenty (120) days written notice of the intent to terminate
during which time Hialeah shall continue to provide and SIB shall continue its obligation topay
for the actual Services provided. Upon the expiration of one -hundred twenty (120) days, Hialeah
shall have no further obligation to provide any Services to SIB, this Agreement shall terminate
and the Parties shall be released from all further obligation. Upon the effective date of
cancellation, it shall be the responsibility of SIB to provide for the garaging, repair, and
maintenance of its buses, vehicles and equipment. Hialeah shall transfer all records of
inspections, repairs or maintenance for all SIB transit buses, vehicles or equipment created or
maintained during the term of this Agreement to SIB.
7. NON LIABILITY. Neither Party shall be liable for any delay or failure to perform
under this Agreement if such delay or failure is neither the fault or the negligence of the Party, its
employees or agents, or the delay is due to acts of God, wars, acts of public enemies, strikes,
• fires, floods, or other similar cause wholly beyond either Party's control, or for any of the causes
identified in this paragraph 7 that affect subcontractors or suppliers, if no alternate source of
supply is available. In the event of delay as a result of the any cause identified in this paragraph
7, the Party claiming protection pursuant this paragraph shall take all reasonable measures to
mitigate any and all resulting delay or disruption in the Party's performance obligation under this
Agreement. If the delay or disruption in performance is excusable under this paragraph, the delay
will not result in any additional charge or cost under the Agreement to either Party.
8. FEES & COSTS. Hialeah agrees that it will bill SIB on a monthly basis in accordance
with the schedule of fees detailed in Exhibit "B" (the "Fee Schedule") of this Agreement.
Payment to Hialeah for all charges and tasks under this Agreement shall be in accordance with
this Agreement and the schedule of charges reflected in Exhibit "B" and subject to the following
conditions:
a. Disbursements. There are no reimbursable expenses associated with this contract.
b. Payment Schedule. Invoices received from Hialeah pursuant to this Agreement
will be reviewed by the initiating SIB Department. If services have been rendered
in conformity with the Agreement, the invoice will be sent to the SIB 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. SIB will pay properly submitted invoices from Hialeah within 30
(thirty) days of receipt, unless SIB notifies Hialeah in writing of the dispute,
Sbefore the payment is due.
lnterlocal Agreement — Bus Maintenance S
C. Availability of Funds. Upon approval of this Agreement, SIB represents that it
has funds appropriated and available to pay all amounts due for the services .
® performed by Hialeah under this Agreement through the end of SIB's current
fiscal year. SIB's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation for its purpose by the SIB Commission.
In the event SIB does not appropriate funds for the Services provided under this
Agreement in each succeeding fiscal year,during the term of the Agreement, SIB
may terminate this Agreement upon thirty days' written notice to Hialeah of its
intent to terminate under this paragraph. Termination shall be effective as of the
last day of the fiscal year for which SIB appropriated funds for services under this
Agreement.
d. Final Invoice. In order for both parties herein to close their books and records,
Hialeah will clearly state "final invoice" on their final/last billing to SIB. This
certifies that all services .have been properly performed and all charges and costs
have been invoiced to SIB.
Hialeah shall make no other charges to SIB for supplies, labor, taxes, licenses, permits, overhead
or any other expenses or costs other than those charges specifically identified in Exhibit `B''
unless any such expense or cost is incurred by Hialeah with the prior written approval of SIB. If
SIB 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 Hialeah.
Hialeah shall not pledge SIB's credit or make it a guarantor of payment or surety for any
contract, debt, obligation, judgment, lien, or any form of indebtedness. Hialeah further warrants
and represents that it has no obligation or indebtedness that would impair its ability to fulfill the
terms of this Agreement.
9. SIB'S PROGRAM MANAGER. SIB's primary point of contact under this Agreement
is Susan Simpson, Cultural and Community Services Director; City of Sunny Isles Beach, 18115
North Bay Road, Sunny Isles Beach, Florida 33160, Tel: (305) 792-1701, Email:
ssimpson@sibfl.net
10. INSURANCE. During this Agreement, including the initial term, renewal(s) and
extensions, the Parties shall, at each Party's sole expense, maintain insurance coverage of such
types and with such terms and limits as may .be reasonably associated with the Agreement,
including but not limited to commercial general liability, premises liability, casualty, workers'
compensation and employers' liability insurance. A self-insurance program established and
operating under the laws of the State of Florida may provide such coverage. Providing and
maintaining adequate insurance coverage is a material obligation of each Party and failure to
maintain such coverage may void the Agreement
11. OWNERSHIP AND ACCESS TO RECORDS AND AUDITS: As municipal agencies
subject to the provisions of the Florida Public Records Law, the parties acknowledge their
obligation to the public under the law as it relates to any public record created as a result of their
respective performance of this Agreement. As such, the parties shall cooperate with each other
when responding to public records requests received by either party for records created as a
result of their respective performance of this Agreement. All records, books, documents, data,
® deliverables, papers and financial information (the "Records") that are created directly as a result
Interlocal Agreement — Bus Maintenance
of Hialeah providing the Services to SIB under this Agreement shall be the property of SIB. SIB
shall, during the term of this Agreement and for a period of three (3) years from the date of
termination of this Agreement, have access to and the right to examine and audit any Records of
Hialeah involving transactions related to this Agreement, upon reasonable notice and at no
® expense to Hialeah. SIB may cancel and terminate this Agreement immediately for refusal by
Hialeah to allow access by SIB to any records pertaining to work performed under this
Agreement that are subject to the provisions of Chapter 119, Florida Statutes. It shall be the sole
responsibility of SIB to respond to all requests for public records received by SIB made pursuant
to the Florida Public Records Act, for any records in its custody created as a result of the
performance of the Parties' respective obligations under the Agreement. Hialeah shall fully
cooperate with SIB in response to any request for records received by SIB. Likewise, Hialeah
shall be responsible to respond to public records requests received by Hialeah where Hialeah
maintains custody of the records. Upon completion or termination of the Agreement the Parties
shall cooperate jointly to determine which Records SIB wishes to receive custody of. After
which, all such Records shall be turned over to SIB within thirty (30) calendar days. Any
payment due Hialeah shall be held pending receipt of the Records.
12. MUTUAL RELEASE, INDEMNITY AND AGREEMENT TO DEFEND AND
HOLD HARMLESS. Hialeah does not indemnify or insure SIB for SIB's own negligence.
Likewise, SIB does not indemnify or insure Hialeah for Hialeah's own negligence. Subject to the
limitations set forth in Florida Statute Section 768.28, SIB shall be fully liable for the actions of
its respective officers, elected or appointed, directors, employees, agents, contractors and
subcontractors and shall fully indemnify, defend, and hold harmless, Hialeah, its officers, elected
or appointed, directors; employees, agents and contractors and subcontractors (collectively
referred to as "Hialeah's Releases"), from any and all kinds of claims, suits, causes of action,
damages, losses, liabilities, costs or expenses, including court costs and attorney's fees at all level
of proceedings (including appellate level), and any judgments, orders or decrees entered thereon
or resulting therefrom, for any personal injury, loss of life, damage to property, or any other
liability, loss; cost or expense of any kind (collectively referred to as "Claims"), alleged to be
caused in whole or in part by SIB, its officers, elected or appointed, directors, employees; agents
and contractors and subcontractors in SIB's performance of this Agreement.
Subject to the limitations set forth in Florida Statute Section 768.28, Hialeah shall be fully liable
for the actions of its respective officers, elected or appointed, directors, employees, agents,
contractors and subcontractors and shall fully indemnify, defend, and hold harmless, SIB, its
officers, elected or appointed, directors, employees, agents and contractors and subcontractors,
from any and all kinds of claims, suits, causes of action, damages, losses, liabilities, costs or
expenses, including court costs and attorney's fees at all level of proceedings (including appellate
level), and any judgments, orders or decrees entered thereon or resulting therefrom, for any
personal injury, loss of life, damage to property, or any other liability, loss, cost or expense of
any kind, alleged to be caused in whole or in part by Hialeah, its officers, elected or appointed,
directors, employees, agents and contractors and subcontractors in Hialeah's performance of this
Agreement.
13. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL. This Agreement shall
be interpreted and construed in accordance with and governed by the laws of the State of Florida.
All parties agree and accept that jurisdiction of any dispute or controversy arising out of this
• Agreement, and any action involving the enforcement or interpretation of any rights hereunder
Interlocal Agreement — Bus Maintenance I
shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade County,
Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state
courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or
® other jurisdictional device. BY ENTERING INTO THIS AGREEMENT, SIB AND HIALEAH
HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL
BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. Nothing in this
Agreement is intended to serve as a waiver of sovereign immunity, or of any other immunity,
defense, or privilege enjoyed by SIB or Hialeah pursuant to Section 768.28, Florida Statutes.
14. 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
receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier
service, 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 overnight
delivery by traditionally recognized courier service), addressed to such party as follows:
If to SIB:
Susan Simpson
With a copy to:
Cultural and Community Services
Hans Ottinot
Director
City Attorney
City of Sunny Isles Beach
City of Sunny Isles Beach
18115 North Bay Road
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
Fourth Floor
Tel: (305) 792-1701
Sunny Isles Beach, Florida 33160
Email: ssimpson@sibfl.net
Tel: (305) 792-1702
Email: hottinot@sibfl.net
AND
Christopher J. Russo
City Manager
City of Sunny Isles Beach
18070 Collins Avenue
Fourth Floor
Sunny Isles Beach, Florida 33160
Tel: (305) 792-1701
Email: crusso@sibfl.net
City of Hialeah, Florida
With a copy to:
Jorge De la Nuez
City Attorney
If to Hialeah:
Transit Director
City of Hialeah, Florida
900 East 56 Street, Building 3
4`h Floor — City Hall
Hialeah, FL 33013
501 Palm Avenue
Email: jdelanuez@hialeahfl.gov
Hialeah, FL 33010
Email: lbravo@hialeahfl.gov
hialeahfl.gov
15. SEVERABILITY. If any term or provision of this Agreement shall to any extent be
held invalid or illegal by a court of competent jurisdiction, the remainder of this Agreement shall
• not be affected thereby, and each term and provision of this agreement shall be valid and be
enforced to the fullest extent permitted by law.
Interlocal Agreement — Bus Maintenance S
16. WAIVER. The failure of either party to this Agreement to object to or to take
affirmative action with respect to any conduct of the other, which is in violation of the terms of
® this Agreement shall not be construed as a waiver of the violation or breach, or of any future
violation, breach or wrongful conduct.
17. ASSIGNMENT. This agreement is not assignable by either party.
18. ENTIRE AGREEMENT. No statements, representations, warranties, either written or
oral, from whatever source arising, except as expressly stated in this Agreement, shall have any
legal validity between the Parties or be binding upon any of them. The Parties acknowledge that
this Agreement contains the entire understanding and agreement of the Parties. No modifications
hereof shall be effective unless made in writing and executed by the Parties hereto.
19. CAPTIONS AND PARAGRAPH HEADINGS. Captions and paragraph headings
contained in this Agreement are for convenience and reference only and in no way define,
describe, extend or limit the scope and intent of this Agreement, nor the intent of any provisions
hereof.
20. JOINT PREPARATION. The preparation of this Agreement has been a joint effort of
the Parties, and the resulting document shall not, solely as a matter of judicial construction, be
construed more severely against one of the Parties than the other. It is the Parties' further
intention that this Agreement be construed liberally to achieve its intent. Each Party represents
that this Agreement has been duly authorized, executed and delivered by their respective
governing body, in the manner and form required by their respective applicable local laws, and
that each Party has the required power and authority to perform this Agreement.
® 21. EXHIBITS ARE INCLUSIONARY: All exhibits whether attached hereto or mentioned
herein (reference) which contain additional terms shall be deemed to be part of this Agreement
The remainder of this page is left intentionally blank; signature page follows
Interlocal Agreement — Bus Maintenance S
n
U
•
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
duplicate on the day and year first written above.
ATTEST: CITY OF HIALEAH
ATTEST:
Jane A. Hi es, MMC, City Clerk
Interlocal Agreement — Bus Maintenance
ISLES BEACH
BY:
Georg6 H. Scholl, Mayor
APPROVED AS TO FORM AND
LEGAL SAVOYNCY .
s Olflnot, City A
SIB
EXHIBIT "A"
SCOPE OF SERVICES
The City of Hialeah ("Hialeah") shall provide all personnel, equipment, materials and
supplies, necessary to perform the Services, in compliance with the Agreement, and in
accordance with the following Scope of Services. This shall include but not be limited to
mechanics, limited garaging for the purpose of storing vehicles while in cue for service,
and maintenance facility(ies), shop equipment and tools.
1. Hialeah warrants and represents that its employees have the proper skill,
training, background, knowledge, experience, integrity, and character
necessary to perform the Services in a competent and professional
manner and in accordance with all federal mandated guidelines.
2. Hialeah agrees that they will at all times employ, maintain and assign to
the performance of the Services a sufficient number of competent and
qualified personnel necessary to perform the Services in accordance with
the Agreement.
3. All staff assigned by Hialeah to the performance of the Services shall be
employees of Hialeah, except as otherwise stated in Exhibit A, or as
approved in writing by the City of Sunny Isles Beach ("SIB").
4. SIB shall be responsible for delivering and collecting all vehicles serviced
to and from the Hialeah Fleet Maintenance Facility in accordance with the
provisions of the Agreement.
A. Bus and Motor Vehicle Maintenance and Repairs
1. Bus and Motor Vehicle Servicing
a. Hialeah shall maintain the Buses and motor vehicles in accordance
with industry standards and warranty requirements to ensure safe,
operation at all times. At a minimum all Preventive Maintenance
(PM) shall be performed in accordance with the manufacturer's
maintenance manuals, and warranty requirements. Any changes in
the PM schedules must be approved in writing in advance by the
SIB Program Manager. Hialeah shall provide a separate PM
program for each bus.
b. Servicing should be scheduled to reduce downtime and ensure
maximum life and performance of bus components. If Hialeah can
reasonably foresee any downtime, Hialeah shall notify SIB
immediately of such expected downtime. Notwithstanding, nothing
in this Scope of Services shall be interpreted to require Hialeah to
perform any inspection, maintenance or repair as contemplated
herein afterhours or hours beyond, the regular operating hours of
Hialeah's Fleet Maintenance Department (FMD) or the regular
working hours of any of Hialeah's employees assigned to perform
any services contemplated herein. The regular operating hours of
Interlocal Agreement — Bus Maintenance S
•
•
9
Hialeah's Fleet Maintenance Department are Monday through
Friday, from 7;00 a.m. to 2-00p.m. Hialeah observes 12 holidays
throughout the year on which the Fleet Maintenance Department is
also closed for business. Advance scheduling shall be allowed to
provide SIB with priority unless Hialeah's police and fire vehicles
need service. Advance notice is defined as forty-eight (48) hours.
Any warranty work shall be taken to the vehicle's dealer by an SIB
representative upon Notice from Hialeah that work is covered by
warranty.
C. SIB shall perform a pre -trip inspection prior to the delivery of the
vehicle to Hialeah FMD for maintenance or repair. The SIB
representative delivering the vehicle to the FMD shall complete a
service request form provided by Hialeah identifying the service(s)
requested and providing all additional relevant information to assist
Hialeah understand and identify the services requested. The pre -
trip inspection report and the service request form shall be given to
Hialeah at the time the vehicle is delivered,
d. Hialeah shall check brakes at the time of any preventive
maintenance or upon any report by a driver of possible problems
with the brakes.
e. Periodic mechanical and safety inspections by Hialeah's mechanics
and supervisors shall be documented and completed at each
scheduled preventive maintenance or more often as reasonably
necessary by reported problems.
f. A major Bus mechanical condition inspection and assessment of all
Buses shall be conducted annually by Hialeah.
g. Hialeah shall maintain a log of all service or inspections performed
on the Buses.
h. Hialeah shall be responsible to correct any maintenance services
not completed in accordance with OEM requirements at no
additional cost to SIB.
2. Mechanical Repairs
a. Within twenty-four (24) hours of accepting delivery of a vehicle in
need of repair from SIB, Hialeah will, prior to obtaining or
performing any repairs, notify SIB in writing and obtain written
approval of SIB's Program Manager prior to proceeding with the
repairs. If upon inspection of the vehicle, Hialeah determines it
does not have the expertise to perform the required work or a
portion of the work, Hialeah shall advise SIB of the need to
outsource any part of the work to be performed by third party
service providers and shall obtain approval from SIB. SIB's
Program Manager or representative, at its sole discretion, may
require the submission of cost proposal(s) prior to approval of the
repairs where SIB is to be charged for the repairs. Upon approval
by SIB, SIB shall be responsible for the actual costs and charges
incurred from all services outsourced. Where SIB is to be charged
for the repairs, SIB shall be invoiced separately by Hialeah.
Interlocal Aereement — Bus Maintenance
b. Qualified personnel, utilizing appropriate tools and equipment,
trained to complete such work shall perform the repairs.
C. Repairs shall be performed to the best industry standards of quality
® and workmanship.
d. Original Equipment Manufacturers ("OEMs") approved parts must
be used to affect the repairs unless approved in writing, in advance
by SIB's Program Manager.
e. Hialeah is responsible to perform any repairs caused by Hialeah at
no additional cost to SIB.
3. Records'
a. Hialeah shall maintain a complete history of inspection,
maintenance, repair or other service for each bus or vehicle.
Hialeah is responsible for keeping the maintenance file current
throughout the term of the Agreement and shall provide complete
copies of all files available to SIB at the end of the Agreement.
b. Hialeah shall maintain records to document the following (but not
limited to):
i. The completion of required inspections;
ii. The timely execution of scheduled servicing;
iii. Major repairs and replacement of bus components
iv. Use of parts and components;
V. Unscheduled maintenance:
vi. Accident repairs and body work,
vii. Warranty work and claims;
viii. Fuel and oil and fluids consumption on a unit per bus or
vehicle basis (SIB understands that this information, its
availability, accuracy and reliability, is dependent upon the
driver providing information timely, accurately, reliably and in
the manner and format prescribed by Hialeah);
ix. Tire and brake replacements and useful life.
Hialeah shall provide SIB access to the records maintained by Hialeah on
SIB's buses or vehicles upon reasonable notice.
4. Defect Records
Hialeah shall maintain a record of any defect found by Hialeah or reported
by SIB personnel, regardless of whether any action is taken to correct the
defect. Any defect that SIB personnel or contractors -become aware of
shall be reported expeditiously to Hialeah, which shall maintain records of
any such defect.
5. Incident Reports
a. Hialeah shall contact SIB and appropriate law enforcement
immediately in the event of any reasonably suspected criminal
Interlocal Agreement — Bus Maintenance
activity of which it has knowledge involving a bus or vehicle while it
is garaged at or is otherwise in the care or possession of Hialeah.
Hialeah shall issue a written report to SIB's Program Manager
® within three (3) business days, and include a copy of the police
report, if one has been created and is available.
6. Reports
The following reports shall be submitted on a monthly basis with the
invoice. The parties shall cooperate to create a format and detail that
meets the reasonable approval of SIB's Program Manager.
a. Preventative Maintenance (PM) Service
i. Provide SIB with a proposed vehicle maintenance schedule
for review by SIB.
ii. PM log to reflect when the work was done, where, by whom,
and what Services were performed.
b. Repairs
i. Provide copies of all work service tickets for repairs reflecting the
details of the work performed and who performed the work.
7. Limited Garaging or Storage
The buses or vehicles shall be stored at Hialeah's facilities only during
® vehicle repair or while waiting for parts and Services to be completed,
during which time the bus is inoperable at no cost to SIB. Hialeah shall
provide storage and maintenance shop space.
Is
8. After-hours Access to SIB Personnel or Contractors
SIB shall deliver and collect all vehicles to be serviced. or serviced by
Hialeah during the hours of operation of the FMD. Vehicles which have
been serviced by Hialeah can be collected after hours by an SIB
representative between the hours of 2pm and 6pm on any day the FMD is
open for business so long as the SIB Program Manager provides notice to
Hialeah prior to 2pm that same day indicating its intent to collect the
vehicle afterhours.
lnterlocal Agreement — Bus Maintenance
SIB
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EXHIBIT " B"
Fee Schedule
Item
Price
Maintenance and Repair Services
$85.00 per hour for labor
Parts
Cost plus 30% stocking fee
Outsourced Repair Services
Actual cost upon approval by SIB of cost
proposal
Interlocal Agreement — Bus Maintenance