HomeMy WebLinkAboutReso 2012-1968RESOLUTION NO. 2012 -1(
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING THE AWARD OF
BID NO. 12 -07 -01 TO AND ENTERING INTO AN AGREEMENT
WITH L & L TRUCK REPAIRS FOR FLEET BUS AND HEAVY
DUTY VEHICLE MAINTENANCE AND REPAIR SERVICES, IN AN
AMOUNT NOT TO EXCEED SIXTY THOUSAND DOLLARS
($60,000.00), ATTACHED HERETO AS EXHIBIT "A ";
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach is in need of a contractor to provide preventative
maintenance and repair services to City -owned buses; and
WHEREAS, the City advertised and issued Request for Proposals (RFP) No. 12 -07 -01 for
Fleet Bus and Heavy Duty Vehicle Maintenance and Repair Services, for which two (2) responses
were received; and
WHEREAS, the City wishes to enter into an Agreement with L & L Truck Repairs for Fleet
Bus and Heavy Duty Vehicle Maintenance and Repair Services, in conformity with the specifications
outlined in RFP No. 12- 07 -01; and
WHEREAS, L & L Truck Repairs is qualified, willing and able to provide the desired
services on the terms and conditions set forth; and
WHEREAS, the City desires to enter into an Agreement with L & L Truck Repairs to
provide said services, in an amount not to exceed Sixty Thousand Dollars ($60,000.00), 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. Incorporation of Recitals. The recitals set forth in this Resolution are incorporated
herein by reference as if fully set forth herein.
Section 2. Award of Bid and Approval of Agreement. The City Commission hereby awards Bid
No. 12 -07 -01 to and approves an Agreement with L & L Truck Repairs in an amount not to exceed
Sixty Thousand Dollars ($60,000.00) for Fleet Bus and Heavy Duty Vehicle Maintenance and Repair
Services, attached hereto as Exhibit "A ".
Section 3. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement.
Section 4. Authorization of City Manager. The City Manager is hereby authorized to do all
R2012- L & L Truck Repairs Fleet Bus Maintenance and Repair Srvs (Bid 12- 07 -01) Page 1 of 2
things necessary to effectuate this Resolution.
Section 5. Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 20th day of September 2012.
ATTEST:
C-! a/Lk a � dl"'�
Jane A. Hines, CMC, City Clerk
APPROVED AS TO FORM
Vote: S -Q
Mayor Edelcup
Vice Mayor Thaler
Commissioner Aelion
Commissioner Gatto
Commissioner Scholl
--Oyes)
Yes)
__OYes)
es)
(Yes)
Moved by:
I
Seconded by: MWI*
(No)
(No)
(No)
(No)
(No)
R2012- L & L Truck Repairs Fleet Bus Maintenance and Repair Srvs (Bid 12- 07 -01) Page 2 of 2
AGREEMENT BETWEEN THE CITY OF SUNNY ISLES
BEACH AND L & L TRUCK REPAIRS, INC.
FOR FLEET BUS MAINTENANCE AND REPAIR SERVICES
CONTRACT NO. C1112 -060
THIS AGREEMENT, entered into this day of 2012, by and
between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to the "City ") and L & L
TRUCK REPAIRS, INC. a corporation, authorized to do business in the State of Florida
(hereinafter referred to as the ( "Contractor "), whose federal tax identification number is
RECITALS
WHEREAS, the City is in need of a contractor to provide preventative maintenance and
repair services to City owned buses ( "Services "), as more particularly described in Invitation to Bid
No. 12- 07 -01;
WHEREAS, the City advertised Invitation to Bid No. 12 -07 -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 in a total amount not to exceed Sixty Thousand Dollars ($60,000.00).
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
made a part hereof for reference.
2. SERVICES. Contractor shall provide the Services pursuant to the terms and conditions set
forth in Invitation to Bid No. 12- 07 -01, incorporated herein by reference, and Contractor's response
thereto, attached hereto as Attachment "A" and made a part hereof.
3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth
in Section 10 hereunder, this Agreement shall commence on the first calendar day of the month
succeeding approval of this Agreement by the City Commission and shall end one (1) year
thereafter.
4. RENEWAL. Prior to, or upon completion of the initial one year term, the City shall have
the option to renew this Agreement for an additional four (4) one year renewal terms. Prior to
completion of each exercised contract term, the City may consider an adjustment to the price based
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C1112 -060 L & L TRUCK REPAIRS, INC.,
on changes in the following pricing index: Consumer Price Index for Urban Wage Earners and
Clerical Workers (CPI -W): Miami — Fort Lauderdale, FL.
5. COMPENSATION. As the entire compensation under this Agreement and during the term
of this Agreement, in whatever capacity rendered, the City shall pay Contractor an amount not to
exceed Sixty Thousand Dollars ($60,000.00) 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 Attachment "A" and under the following
conditions:
a. Disbursements. There are no reimbursable expenses associated with this contract.
b. Payment 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 final /last 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 fulfill 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
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C1112 -060 L & L TRUCK REPAIRS, INC.,
E-j
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, during 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, claims, damage and liabilities caused
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)
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 and/or Operations.
Independent Contractors.
Broad Form Property Damage.
Broad Form Contractual Coverage applicable to this specific Agreement.
Personal Injury Coverage with Employee and Contractual Exclusions
removed with minimum limits of coverage equal to 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:
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C1112 -060 L & L TRUCK REPAIRS, INC.,
1.31 IJ
Owned vehicles.
Hired and non -owned vehicles.
Employers' non - ownership.
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 furnish to the City certificates 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 forms 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 day's 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 harassment, and shall pay all costs and attorneys' fees expended by the City in
defense of such claims and losses including appeals. The parties agree that ten percent (10 %) of the
total compensation is a specific consideration from the City to the Contractor for this indemnity.
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
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C1112 -060 L & L TRUCK REPAIRS, INC.,
(i.) In the event of termination, all finished and unfinished documents, 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 all services satisfactorily
performed prior to the date of termination, as provided in Paragraph 5 herein.
(ii.) 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. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or
controversy arises hereunder then such dispute or controversy shall be settled by arbitration in
accordance with the procedures, rules and regulations of the American Arbitration Association.
The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment
upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
Arbitration shall be held in Miami -Dade County, Florida. All costs of arbitration and attorneys'
fees incurred by the parties shall be paid by the non - prevailing party or, if neither party prevails on
the whole, each party shall be responsible for a portion of the costs of arbitration and their
respective attorneys' fees as may be determined by the court on confirmation.
14. 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
Page 5 of 8
C1112 -060 L & L TRUCK REPAIRS, INC.,
.. 1'
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.
15. 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 the City:
Chief Fred A. Mass
With a copy to:
Acting City Manager
Hans Ottinot
City of Sunny Isles Beach
City Attorney
18070 Collins Avenue
City of Sunny Isles Beach
Fourth Floor
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
Fourth Floor
Tel: (305) 792 -1701
Sunny Isles Beach, Florida
33160
Tel: (305) 792 -1702
If to the Contractor:
Laurence Butler
President
L & L Truck Repairs, Inc.
17440 N.W. 2 Avenue
Miami, FL 33169
16. GOVERNING LAW. This Agreement shall be governed by and construed in accordance
with the laws of the State of Florida.
17. 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.
18. 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 1 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, termination, rates of pay or other forms of
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C1112 -060 L & L TRUCK REPAIRS, INC.,
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.
19. 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
Sunny Isles Beach Ordinance No. 99 -82, which are incorporated 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.
20. ENTIRE AGREEMENT. This Agreement, together with all terms and conditions
contained in Fleet Maintenance and Repair Services, Invitation to Bid No. 12 -05 -02 and the
Contractor's Response thereto, contains 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.
[Remainder of page intentionally left blank.]
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C1112 -060 L & L TRUCK REPAIRS, INC.,
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
on the day and year first written above.
WITNESS #1:
S11" nature -"
Print Name
WITNESS #2:
Signature
Print Name
AT TEST:
I
BY:C&VM
Jane A. Hines, CMC, City Clerk
C1112 -060 L & L TRUCK REPAIRS, INC.,
L & L TRUCK REPAIRS, INC.
BY S�
ignature and *itle�
CITY OF SUNNY ISLES BEACH
B
Chief Fred ass, Acting City Manager
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Page 8 of 8
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TO:
FROM:
DATE:
RE:
Page 1 of 1
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947 -0606 City Hall
(305) 949 -3113 Fax
MEMORANDUM
The Honorable Mayor and City Commission
Wade L. Sanders, Director of Public Works
9/20/2012
Agreement with L & L Truck Repairs, Inc. for Fleet Bus and Heavy
Duty Vehicle Maintenance and Repair Services.
RECOMMENDATION:
Staff recommends the City Commission approve the attached resolution to enter into an
agreement with L & L Truck Repairs, Inc. for fleet bus and heavy duty vehicle
maintenance and repair services.
REASONS:
The goal of the City of Sunny Isles Beach Fleet Division is to ensure their safe and
economical operation, of the City owned buses by having an effective preventative
maintenance program in place for general repairs. Staff determined that L & L Truck
Repairs, Inc. is the responsible and responsive vendor whose proposal best serves the
interests of and represents the best value to the City, in the amount not to exceed
$60,000.00 for one year.
FUNDING SOURCE:
Funding is available from 10 -574 -5461; 10 -535 -5461; 40 -538 -5461
ATTACHMENTS:
Resolution
http: / /sibagenda.sibfl. net /agendalPreview.aspx ?ItemID= 857 &MeetingID= O &MeetingDate... 9/13/2012