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HomeMy WebLinkAboutReso AGREEMENT BETWEEN MIAMI-DADE COUNTY GENERAL SERVICES ADMINISTRATION FLEET MANAGEMENT DIVISION AND CITY OF SUNNY ISLES BEACH THIS AGREEMENT is entered into this Jq,{,,; day of l)e.o , 2006, by and between Miami-Dade County, a political subdivision of the State of Florida, through its General Services Administration, Fleet Management Division ("County") and City of Sunny Isles Beach ("Customer Agency or Agency"). I. RECITALS WHEREAS, the COUNTY, GSA Fleet Management Division operates and manages Miami-Dade's vehicle maintenance and fueling facilities and has experience in the fleet management industry; WHEREAS, City of Sunny Isles Beach has requested that the Fleet Management Division provide them with vehicle maintenance and/or fueling services; and WHEREAS, the purpose of this Agreement is to formalize an arrangement between the County and the Customer Agency, to deliver specific fleet management services as agreed upon and set forth in Article III below. THEREFORE, the parties agree as follows: II. TERM This Agreement shall commence on J:::r 6f. i'Y\ hf;\I'" Ie, , , 2006 and continue indefinitely, subject to the right of either party to terminate as set forth in Article VI below. III. SCOPE Under this agreement, the County will provide the Customer Agency with those services that the City of Sunny Isles Beach has requested and initialed below: Services Available Under This Agreement Services provided by the County include vehicle maintenance, pool/loaner vehicles, and fueling services. The following paragraphs provide a brief description of these services. The County agrees to perform services under this agreement in a reasonably competent and professional manner. The Agency's initials next to each number indicate their agreement to have the County provide the specific services stated. EXlcrnaI/2006 SIB 1. Vehicle Maintenance Provide periodic maintenance services as needed for the vehicle in accordance with the vehicle's manufacturer's recommendations. Provide repair services as needed for the vehicle in accordance with the vehicle's manufacturer's recommendations at one of the County's repair facilities throughout Miami-Dade County or through one of the County's contracted vendors. ~'-J Externall2006 2. Pool and Loaner Vehicles (State/County Health, SFETC and JMH only) Provide pool and/or loaner vehicles as needed. Pool vehicles are County vehicles rented for a short term basis, normally 8 hours or less. Loaner vehicles are issued when a GSA owned County vehicle is at the shop for repairs. The loaner is issued for the duration of the repair period and must be returned to the shop upon pickup of the repaired vehicle. 3. Vehicle Purchase and Replacement (State/County Health, SFETC and JMH only) Purchase vehicle(s) through the use of a contract as part of the annual buy of the County's light equipment fleet vehicles. Provide end of life cycle shop analysis for replacement scheduling. Replace vehicle with a new one once it has met the replacement criteria. 4. Fueling and Fuel Site Maintenance Services Provide unleaded and/or diesel fueling service to the vehicle(s) at anyone of its fueling facilities throughout Miami-Dade County. Monitor fueling activity by vehicle. Deactivation of fuel cards from the fueling system for any vehicle that has not obtained fuel from a County fueling facility for a consecutive three month period. In the event of an emergency situation, the County shall not be required to provide fueling services to the Agency if fuel is not available to the County from its suppliers or vendors, or if the County's fueling facilities are not operational. During this time, emergency response vehicles belonging to the Agency will have fueling priority as determined solely by the County. All non- SIR emergency response vehicles will have a lower fuel priority during emergency situations. IV. INDEMNIFICATION The Agency shall indemnify and hold harmless the County and its officers, employees, agents, and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the County or its officers, agents, and instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind arising out of, relating to or resulting from this Agreement. The Agency shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings and shall pay all costs, judgments and attorney's fees which may issue thereon. Provided, however, this indemnification shall only be to the extent and within the limitations of Section 768.28 Fla. Stat., including any claims and bills, and subject to the provisions of that Statute whereby the Agency shall not be held liable to pay personal injury or property damage claim or judgment by anyone person which exceeds the sum of $100,000 or any claim or judgment or portions thereof, which when totaled with all other claims or judgment paid by the Agency arising out of the same incident or occurrence, exceed the sum of $200,000, from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of the Agency. V. BILLING AND RATES A. The County will bill the Agency on a monthly basis for all services rendered pursuant to this Agreement. Cost data will be reflected in the monthly bill against the specific vehicle numbers. The bill will be mailed to: James Watts, Public Works Director City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33180 B. Within thirty (30) days of receipt of the County's invoice, the Agency shall pay the outstanding invoice via check made payable to the BOARD OF COUNTY COMMISSIONERS and mailed to: Miami- Dade County, GSA Director's Office, Accounting Section, 111 N.W. 1st Street, Suite 2410, Miami, FL, 33128. Failure to submit payment on a timely basis may result in the assessment of late fees. C. The Agency agrees to raise any billing disputes or discrepancies within 30 days of bill receipt. In the event the County agrees that an Extemal/2006 SIB adjustment is required, the County agrees to make any such adjustment within 60 days of having received the request. D. The Agency agrees to pay for services provided under this agreement at the rates set forth in the ratas SA EX/lib!t t. The Customer Agency agrees that these rates are subject to change at any time and without prior notification. Any rate changes will be communicated to the Customer Agency in an expeditious manner. VI. TERMINATION FOR CONVENIENCE Either party may, at its option and discretion, cancel this agreement at any time without any default on the part of either party by written notice of cancellation at least ten (10) days prior to the effective date of such termination. In the event of cancellation by the County, the Agency agrees to pay all outstanding invoiced for services provided to the Agency prior to the date of cancellation. VII. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties. This Agreement may only be amended in writing by joint agreement of the parties. Date: I YI'1JO<.o J c..~ <:. '. I , I '. '}. ,'" MIAMI-DADE COUNTY \ By \C!n':ii ~i~&;clor By: General Services Administration {; Date: , . \0 APPROVED AS TO fORM AND.l(~rcY H.'.,'.', ",1' T, TV A~ Extema1l2006 ~IR