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HomeMy WebLinkAboutReso 2016-2545 • RESOLUTION NO. 2016-2AL-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND THE CITY OF HIALEAH TO PROVIDE MAINTENANCE, REPAIR, AND STORAGE SERVICES FOR THE CITY'S SHUTTLE BUSES, VEHICLES AND EQUIPMENT, IN AN AMOUNT UP TO SIXTY THOUSAND DOLLARS ($60,000.00), IN SUBSTANTIALLY THE SAME FORM ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY 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, the City of Sunny Isles Beach ("City") and the City of Hialeah ("Hialeah") wish to establish a mutually beneficial proposal that provides for additional resources to Hialeah, while fulfilling the need for maintenance, repair, and storage for the City's shuttle buses, vehicles and equipment; and WHEREAS, the City currently owns and operates six (6) shuttle buses, and preventive maintenance is paramount to keeping the routes running effectively and efficiently; and WHEREAS, the City, due to funding received by Miami-Dade County and a federal grant, must comply with federal guidelines for maintenance and repair of our shuttle buses, and Hialeah meets all of the 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 shuttle buses streamlining the process for our Fleet Maintenance Division as well as ensure compliance with all County and federal regulations; and WHEREAS, Hialeah has agreed to bill the City at the Eighty-Five Dollars ($85.00) rate quoted plus supplies, and the City is requesting a first year agreement in the amount not to exceed Sixty Thousand Dollars ($60,000.00) for maintenance and repair of all six (6) buses, vehicles and equipment; and WHEREAS, the City Commission finds that entering into this Interlocal Agreement with the City of Hialeah is in the best interest of the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: R2016-Interlocal A_mt Hialeah for Maintenance of Shuttle Buses Page 1 of 2 Section 1. Approval of Agreement. The City Commission hereby approves the Interlocal Agreement with the City of Hialeah for maintenance, repair, and storage for the City's shuttle buses including additional City-owned vehicles and equipment, in an amount up to Sixty Thousand Dollars ($60,000.00), in substantially the same form attached hereto as Exhibit "A". Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Interlocal Agreement. Section 3. Authorization of City Manager and City Attorney. The City Manager and the City Attorney are hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution will become effective u.: • adoption. PASSED AND ADOPTED this 21' day of April 2016. George ,". Scholl, Mayor . ATTE - 1 % Jane A. Hines,-MMC, City Clerk • • APPROV D AS TO FORM A : G •.' SUFFICIENCY: _ . ,ans Ottinot, City Attorney Moved by: Seconded by: ex, 4 GTTIO Vote: 5 -J Mayor Scholl ✓(Yes) (No) Vice Mayor Gatto (Yes) (No) Commissioner Aelion 1/(Yes) (No) Commissioner Goldman es) (No) Commissioner Levin (Yes) (No) R2016-Interlocal Aemt Hialeah for Maintenance of Shuttle Buses Paee 2 of 2 es)$NYIiEi `1+Q Nte o p V .rte y = _ i in9 �oP.o� CO ::.�.••1E�" RPOBp- OF 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 (01: - 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 Interlocal Agreement—Bus Maintenance S I B 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, before the payment is due. Interlocal 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 S I B 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 S I B 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 4th Floor—City Hall Hialeah, FL 33013 501 Palm Avenue Email: jdelanuez @hialeahfl.gov Hialeah, FL 33010 Email: lbravo @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 1 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 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. • ATTEST: CITY OF HIALEAH 4 , i� !BY: 4/ f/GI. ' BY: , (__...—.-,--°°°.---------- Marbel,'s Fatjo, Esq., City Clerk Carlos Her.nde:, Mayor APPROV D : . TO F II RM AND LEGAL F 410, SITIIIIIMINN Lore •a I. iravo, V ity Attorney lik ATTEST: - CIT OF SUN, Y ISLES BEACH C . BY: Jane A. Hi ,es, MMC, City Clerk Geor• • H. Scholl, Mayor 0 r . • • APPROVED AS TO FORM AND LEGAL S . 'C, NCY, BY. /4/ID ,. i ans •'"i not, City Atto-- e • ® I Interlocal Agreement—Bus Maintenance 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 ' B 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 Agreement—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): 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 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 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 IDvehicle 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. 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. Interlocal Agreement—Bus Maintenance 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 S SIB Interlocal Agreement—Bus Maintenance RESOLUTION NO. 2 01 6-4 8 RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA AUTHORIZING THE MAYOR AND THE CITY CLERK, AS • ATTESTING WITNESS, ON BEHALF OF THE CITY, TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE CITY OF SUNNY ISLES BEACH FOR THREE YEARS WITH AN OPTION TO RENEW FOR TWO CONSECUTIVE ONE YEAR TERMS TO PROVIDE • MAINTENANCE, REPAIR AND BUS STORAGE SERVICES TO THE CITY OF SUNNY ISLES BEACH, IN SUBSTANTIAL CONFORMITY WITH THE AGREEMENT ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT"1"; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Hialeah finds that it is in the best interest of the City and its residents 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 other localities on the basis of mutual advantage; and WHEREAS, the City of Hialeah will receive additional revenue by providing the City of Sunny Isles Beach with maintenance, repairs and storage services for its buses, while providing a greatly needed and cost-effective service to the City of Sunny Isles Beach. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA,THAT: Section 1: The City of Hialeah, Florida hereby authorizes the Mayor and the City Clerk, as attesting witness, on behalf of the City, to enter into an interlocal agreement with the City of Sunny Isles Beach for three years with an option to renew for two consecutive one year terms, to provide maintenance, repair and bus storage services to the City of Sunny Isles Beach, in substantial conformity with the agreement attached hereto and made a part hereof as Exhibit"1". RESOLUTION NO. 2016-48 Page 2 Section 2: This resolution shall become effective upon signature of the Mayor of the City of Hialeah, Florida or at the next regularly scheduled City Council meeting, if the Mayor's signature is withheld or if the City Council overrides the Mayor's veto. • PASSED AND ADOPTED this I o day of May , 2016. _ Air t .lei uis Gon .••�z Council 'reside. Attest: Approved on this 23 day of Ma , 2016. almramirXMAIr Marbel s Fatjo, Cit I lerk Mayor Carlos Hernandez Approv sA. . h and legal sufficiency: Lori a E B vo, ity Attorney Resolution was adopted by a 6-0-I vote with Councilmembers. Caragol,Casals-Munoz,Garcia-Martinez,Gonzak•z, Cue-Fuente,and Lozano voting"Yes",Councilmember Hernandez absent. S:\DDP\LEGISLATURE\RESO 2016\interlocalagreementcityofsunnyislesbeachbusmaintenance.doc N Cit Sunny SU Fr y of Sunn Isles Beach ti f ; 18070 Collins Avenue u{ a �; Sunny Isles Beach, Florida 33160 j. %, flp\° ,,' (305)947-0606 City Hall c'r'0, sv« o'° (305)949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo, City Manager FROM: Susan Simpson, Cultural and Community Services Director DATE: 4/21/2016 RE: Interlocal Agreement with City of Hialeah for Transit Bus Maintenance and Repair RECOMMENDATION: This resolution is presented for your consideration. REASONS: The City owns and operates 6 shuttle buses. Preventive maintenance is paramount to keeping the routes running effectively and efficiently. The City of Sunny Isles Beach, due to funding received by Miami-Dade County and a federal grant, must comply with federal guidelines for maintenance and repair of our shuttle buses. The current maintenance program requires multiple vendors, none of which currently meet these federal guidelines for drug and alcohol testing. City of Hialeah meets 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 as well as large dump trucks, trash vehicles, fire trucks, etc. They utilize a software system to track all maintenance and repairs and will provide monthly reports. At the $80 hourly rate quoted plus supplies, City staff is requesting a 266 first year agreement in the amount up to $60,000.00 for maintenance and repair of all 6 buses. ADDITIONAL INFORMATION: City of Hialeah has entered into a similar agreement with the Town of Miami Lakes. Miami Lakes has provided favorable feedback with the service provided by Hialeah. Hialeah has the facility and personnel to manage the maintenance and repair of our varied fleet of buses including; Fords, Chevy's, and the new Cummins. The Interlocal Agreement drafted by the City of Sunny Isles Beach is based upon the agreement between Miami Lakes and Hialeah. It is still in review at City of Hialeah. We wish to obtain Commission approval for an agreement in substantially the same form as attached so as not to delay our compliance with county and federal requirements. FUNDING SOURCE: Funding for this item is budgeted for and available in Account Number 110-6-5440-446000-00000. ATTACHMENTS: Description Resolution Interlocal Agreement Item Number: 10.G. 267