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2016-29659 Reso RESOLUTION NO. 2016-29659 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT, SUBSTANTIALLY IN THE FORM ATTACHED TO THIS RESOLUTION, BETWEEN THE CITY AND NORTH BAY VILLAGE, FLORIDA (THE VILLAGE), FOR THE PERFORMANCE OF FLEET MAINTENANCE AND REPAIR SERVICES BY THE CITY'S FLEET MANAGEMENT DEPARTMENT ON BEHALF OF THE VILLAGE; SAID AGREEMENT HAVING AN INITIAL TERM OF FOUR (4) YEARS, WITH TWO (2) TWO-YEAR RENEWAL OPTIONS, UPON MUTUAL AGREEMENT OF THE PARTIES. WHEREAS, the Village recognizes that the Miami Beach Fleet Management Department has an efficient and effective resource for the Village to use in accomplishing its fleet maintenance and repair needs; and WHEREAS, the Village wishes to utilize the services of Miami Beach's Fleet Management Department, and Miami Beach agrees to provide, through its Fleet Management Department, certain fleet maintenance and repair services to the Village; and WHEREAS, the Fleet Management Department shall perform the maintenance and repair services required-by this Agreement at its Fleet Management Facility, located at 140 Mac Arthur Causeway, during normal hours of operation, and at the same rates published by the Miami Beach Fleet Management Department; and WHEREAS, the term of this Agreement shall be for a period of four(4) years and may be renewed by mutual agreement of the parties for an additional two (2) two-year terms; and WHEREAS, the Administration recommends that the Mayor and City Commission approve and authorize the City manager to execute the Intergovernmental Agreement for Fleet Maintenance and Repair Services, substantially in the form attached as Exhibit "A" to this Resolution. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and authorize the City Manager to execute an Intergovernmental Agreement, substantially in the form attached to this Resolution, between the City and North Bay Village, Florida (the Village), for the performance of fleet maintenance and repair services by the City's Fleet Management Department on behalf of the Village; said Agreement having an initial term of four (4) years, with two (2) two- year renewal options, upon mutual agreement of the parties. PASSED and ADOPTED♦♦;;��+"'"'""����:;, �of /ken , 2! •9 ORP ORA LIP 'EVINZMAYOR ATTEST: :INC TED: r� 4� (0i i 2' �� b p�- APPROVED AS TO .. s` „ FORM & LANGUAGE RAFAEL E. GRANADO, CITYt4 �H 26 ♦ & FOR EXECUTION 'T:\AGENDA\2016\November\FleeFNonh Bay Village Fleet Services-Re3alli a Irt • ■' - L /01.46 (, City A nrney 2 ( Date INTERGOVERNMENTAL AGREEMENT FOR FLEET MAINTENANCE AND REPAIR SERVICES BETWEEN NORTH BAY VILLAGE, FLORIDA AND THE CITY OF MIAMI BEACH, FLORIDA This Intergovernmental Agreement (the "Agreement") is entered into this day of , 2016, by and between the City of Miami Beach, a Florida municipal corporation within Miami-Dade County, Florida, (hereinafter "Miami Beach"), and the North Bay Village, a Florida municipal corporation within Miami-Dade County, Florida, (hereinafter "the Village"). WITNESSETH: WHEREAS, the Village recognizes that the Miami Beach Fleet Management Department has an efficient and effective resource for the Village to use in accomplishing its fleet maintenance and repair, and ......�::, :,:b.": <>?< : : .v.4>tii}: f � �-1 .�}y �pGw. iKri{:<?i .. '-"'ii-+fif.•_v v.ii•+'J:r�..f:iiti�'vi -::K:�:s•yx03 i. ti�:!i1> -�agsa,],v'- ':?.:I:: {ti? ;=.14Y; J>;.::.: • :;.;:i�v ff.:?:•fri=vv .. -z` `Ch,x :.c..f_ :�v_;a :,:.. c>;cr_:,.{+.. �:i::-<��i<_:::S<- `S'rfn : ,,(v:?:. ik-.:..;;A i?; :4i?v = 3 �NN_}'i,C�. ui T,::-.,f4::;::,-;:... vly{iiy4K.0 iin ��y._ :Y.-x+�_•: Lr� L.: .nhN:v w''46(+fi'vvw _•}_:3'+>' WHEREAS, `flue Village wishes to utilize the services of Miami Beach's Fleet- ;;Management Department,,and Miami: Beach agrees to provide,=;through its Fleet Management%Department, � ? fir: ria+ ;::_: certain fleet maintenance and repair services to theYVillage for.,an agreed upon rater: .; vti t1: AT' :N..._ P '::n n-. ..Cv -.yvvi.f-: '�X^J jGVif -.ij'i.'f._nk+. :_ r _$_vi• >':E-'-"> �h 'v: .-.: .v iNg.:' O:v �L��z -vS%i?>�v iv r �iC<i::-iftiU::.�Yti- :v'�-�". SECTION 1 - SCOPE OFFWORK - - v ` `" "` :v j•Bea-:?":iC4S-fLitiv''-}l f{X'i n. 4:z` "(::•;-,,,::: ti_c t: ": .-::..A:.r.:Rio:'�'�i�`.a:Y_4f."`;aa:=: ,':'q"y: -- Miami Beach; through=its Fleets Management Department, sh=all be the designated_provider of fleet management ands>:repair services for the Village. Theliami Beach Fleet;_sManagement Director';or his designee; will be solely responsible for the scheduling and prioritizing of work to ',Itev-i lei9 be performed and will make every effort to timely complete work and minimize downtime. Miami Beach shall provide the following general administrative and support services: a) Provide trained qualified technicians;supervision and necessary personnel to perform the services required by this Agreement. b) Miami Beach shall perform the services required by this Agreement at its Fleet Management Facility, located at 140 Mac Arthur Causeway, Miami Beach, and such office shall be open, generally, from 8:00am to 4:30pm, Monday through Friday, except for legal holidays. c) Maintain an automated equipment inventory, history of vehicle repairs, and any reports of damage or accidents and their associated repairs. d) Perform all vehicle preventative maintenance and repairs, as it deems necessary. A safety inspection is included during each visit. e) Provide a schedule of maintenance for each vehicle. f) Ensure all work performed is consistent with manufacturer and industry standards. Page 1 of 5 EXHIBIT •i `4 g) Maintain complete and accurate records for any and all work performed on each vehicle. These records shall be available upon written request by the Village. h) Provide access to Miami Beach's suppliers and providers of fleet services for vehicle public safety equipment and automotive parts. This includes, but is not limited to, outside services for vehicle manufacturer's warranty work. SECTION 2—TERM OF THE AGREEMENT The term of this Agreement shall be for a period of four (4) years following the last date of execution of this Agreement by the Village and Miami Beach, and may be renewed by mutual agreement of the parties for an additional two (2) two-year terms. Either party may terminate this Agreement, without cause and for its convenience, upon sixty (60) days prior written notice to the other party. SEeTIONa—COMPENSATION:;}s %M at - •iti __ �{�'.':� KJ�: .�;......• �".� ",o-'t_.ti.��:�o{ `'S`:2•`?::$i!:r:,a,'ra: a:�'y-. =,wc :. _ `vrYq}=' y.{r Lyr i`:.•, a':.:S:r{:r. S.JFaf y4X{:Y�{�: t a) The Village shallpay Miami'Beach for all services provided pursuant to thiswAgreement as :Kw .,N y t, rovided in Exhibit "A" (Rate Schedule a copy of which:is attached hereto. w{ . b) Technician hourly. rates, parts, materials and third party (�sublet) work are billed at current gym'-M1ij. •i rates as:published:by:M i Beach "Fleet Management-:'Department. Rates-`are reviewed ate:. -}{.>. -: :;:7•;<; i {. s.�: .:.:?,::..-.,.a.::;n..ti;i:. fir; annually.and are 3'<'�subjectµSi‘to change!at the sole,discretion offMiami'Beach ,. c) Repairs;over$500 will be made only with prior written authorization from the d) Eachaxmonth, an invoice will be prepared for all"work completed by the last day of the max:: >:::.:,n. Xxmonth. and submitted to Ahe Village for payment. Payments shall be made within forty f:7+.n`ti•:_ .::-{{a'; •:%?4: iK'v'-five (45) days of the date of{the invoice. SECTION 4— MODIFICATIONS This Agreement may only be amended in writing, through a written document signed by duly authorized representatives of the signatories to this Agreement. SECTION 5— NOTICES All notices, requests, demands, consents, approvals and other communications which are required to be served or given hereunder, shall be in writing and shall be sent by Registered Mail or Certified U.S. Mail, Return Receipt Requested, addressed to the partied to receive such notices as follows: To the Village: North Bay Village Carlos Noriega, Chief of Police 1666 John Kennedy Cswy, Suite#300 North Bay Village, Florida 33141 Page 2 of 5 To Miami Beach: City of Miami Beach —Fleet Management Dept. Jorge Cano, Fleet Management Director 140 Mac Arthur Causeway Miami Beach, Florida 33139 Each notice sent in accordance with the requirements of this section shall be deemed effectively given upon actual receipt. Each person designated herein to receive any notice or a copy thereof may change the address at which, or the person to whom notice or a copy thereof is to be delivered, by notice given in accordance with the requirements of this section. SECTION 6—VENUE AND WAIVER OF JURY TRIAL PROVISION This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, ,y.}}'R:::.>o.v:- sta +ts'-,��.��tvrc :. rw:-:•: o_:`,A,y3'a:?;iSao:<,.:.: _____ :.,-i-.4::.:i'N;:-}'}. Florida, in in State court,�and the U.S. District'Court, Southern>Distnct of;Flonda, �FederaI ...rc ...:.i,:.v.;:..::<.., .?�..::z...b:may. }.; :.}c,,•c1..}x-. h.?tii:wY.h ?•.., 7.v:._:_.,.-...rti.,:{.,,.+-..,.�,,.�c::/. court. BY ENTERING INTO THIS AGREEMENT, TH. E VILLAGE AND:CITY OF MIAMI BEACH EXPRESSLY wAk WAIVE ANY ',RIGHTS EHER PAR MAY HAVE TO:A TRIAL IY_JURY OF ANY CIVIL;LITIGATION RELATED TO,WARISING OUT OF-THIS AGREEMENT:'. # �.yis:."c?✓ _i.y.:: 55ee -4? .. ����-V:sk'}F:Y3S4t-tifj':'Z• :-rf. SECTION 7—INDEMNIFICATI®IV/INSURANCE; �n�, ��MF,� _ .�.:. f}�• l.}.?_• •.-_tix`:`:} °.,:g• .;5>y:: rih',ca.:tf;:'x��c•'ce::.?t¢ '•.x<::. Subject to thetlimitatioris of Section 768 28,;Florida Statutes,ithe village shall defend, indemnify and hold harmless Miami Beach,'its officers; agents, and employees from any and all claims, losses, liabilities, injuries, damages• and causes of action which arise out of the performance of services-;pursuant to. this Agreern'ent,?except for any claim, loss, liability, inj , damages, demands`or causes of action resulting from vehicle maintenance or repair service activities performed by Miami Beach in bad faith or with malicious purpose or in a manner which exhibits wanton and willful disregard of human rights, safety or property. The Village further agrees to name Miami Beach as an additional insured on the Village's Liability program "Garage Operations" coverage. Page 3 of 5 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective and duly authorized officers as of the day and year first above written. AGREED AND ACKNOWLEDGED this day of , 2016. Village Manager, North Bay Village City Manager, City of Miami Beach —.„.:{wrrr{,{:, ,cticz-3u: :,,,:. { •:s:{, :fir{:>;a':c?:cp Y. ..:_�:. ,iif:. ..c2.::Kcvms,:::-;:::icai. {,y 4{43_Nt s3,k�`�:� :+u p �Y `v'c r�.< •r i't�-r'4<a � .ty ..{. A4T'TEST. k :-<, , k j { # t fi 0:::::::,-4::,:44,4,.--,1):::: ::::‘4,44,4:.::::.:.-ten r ?Ck{(J 7 + v....ttE -' . , 5'1Q , \S %{ .d :„..„,.:...c _ .4::::::-.."r- :fiv •A Aq 1 Village Clerk, North Ba Village ?'` Emu C•ity.Clerk, City.of Miami Beach w ;.£.v, ,:.,: ,::>:s.;: rimy. v;::.55• :. V{{. ;,{nh v::,_:i :f:r'� J�: ix=: p:: S--S• .." ,,.",:{:i:ti"• ".• •--'-- v�+:at ,i< ti•riLw\ r: 'r:•:::•:-:;:?.? Til'{{i:_ .L\vi -'nLiv�4rix:L:.v{... :'-III*. j?C::.i; .. :.:w\iv:pu.3ri :,,mf- f2 ?Q.Y:' JiS]Cy, ' ... ) --•v :--:!. i$dK: �.-:-.\ ]i+S:�' K>.i "{�v' .Ff-{+wT!i:b.'•. :i�}'-Nii.:=n,; .: fi•-.`-<��_ tin' '�% .: ,rf '{=:=_-:3.ii=,vb- '- .,..'15'.o .4..w, '�'•u A.:*oa ">7 < ?.:,�ti",--fttti.;..-..'"--&-St.�-:: ,'-fi':h- 4.6t-k. t, � �'�v�.•'.v{. ''fv{n:f.: '-4i' :4K-,�.n. .0-•z} V 'S i3:.A= µ`Gr;?x.Y :t::ti }'',Sh /of` S.-' :..>bx:. ��'�eF• v`;7.. Of t0.ri!� 'ti ?XY•3 • : .ZW:F:R •;;3:<{: '.;e {QCiCL� Syr .>•::,:::::;.:: .,:y.:; •J.!^wv.:Nwww•-�;�C.S!-0SvAi. ..}.0?,i ,Y.., ,As: m): /E::4 :re;-,:::: .i.'�.�'a� 2���; .a5?g:•- Y:::f}.. 3 � .{w':{:xY{5:.}i.�M-Sri\:fL•:f . :S ,{ * \hfv Page 4 of 5 Exhibit A City of Miami Beach Fleet Services INTERAGENCY COOPERATION Miami Beach and the Village shall cooperate and will recognize the common goals and objectives of this Agreement. Fleet Management shall work to avoid any duplication of services and, where appropriate, shall provide for coordination, referral, and assistance to and among any external vendor or sublet for the betterment and efficiency of the Village. FACILITIES/EQUIPMENT INVENTORY Miami Beach shall provide such facilities, equipment, and inventory of supplies as are necessary to fully provide the required herein. Miami Beach shall maintain all field equipment necessary for its fleet management functions in good repair and maintain all current licenses and registrations re quired b;y State and County.:Law. Such equipment shall be availablejor.�inspectiorrby=the\/illage •:•-i : :":!„6,a,.;:yr•Jn.,,, tiei•-,':ii}rye r"�iu1i iik.:: JX.¢.:Vii..:4x."v."tM1;r.:Y a;:E:- - i?ca'»rlJ.--:-.�.:: �" - a �ca3,4- hq. rr.9rrair wx� .a tii� S.`Rio �v5y �}�'.'.�.a :�;:' Burin theAterm of this A reerneri`t--. MAC.. ���_�.x�;o:w �''`=>� .J GllC:f. -r. :.Z• t_.i� yi�'�;+ ll.-3k:: {xd': 4:0?tC;•, . '":'-:. �sl.:,-' Rite Schedule' Sedansiand Light Trucks* :>>• '�u*: w ..yh !VcSurj t Mechanic Labor ate::$93:005 erhour >`=t t -=r-. F wawa::ti?'\ 4'-.v saxi .-a-c:..:s-:.•J.-�1:`, }�"tir Parts at Cost plus: 20%0 :� ':� � <uF Y 4 : Sublet mark-up`-10% • <: --?:,; :y.;r<- =` #u,, •.:-.Ke :cuiio-,—.vim? ,,,:i :�..vµ.J : 4.:5:4 }, ' -J(a} , :A::::vi.-....v { :% Li. x±G r :yJ�:i-' -4.: ;:a? `Yn :%r�^}�r. _pft i, x:nv}• *Rates are reiiiewed annually and are subject ct to change:: :, ,. rb:. _ .yam ti,</� vxd:v: _.Cr{. - !t?i. 3. 'M:\F ::.4:7,1,f •L.i_\4_ n„iIF Y.w:'i:7_: J` .j +wV�J,� ,}: }. -'4 F:\MECH\$ALL\Intergov Agreement for Maint.&Repair-Village of Key Biscayne\Intergovernmental Agreement•VKB.docx Page 5 of 5 Resolutions -C7 C MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: December 14, 2016 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT, SUBSTANTIALLY IN THE FORM ATTACHED TO THIS RESOLUTION, BETWEEN THE CITY AND NORTH BAY VILLAGE, FLORIDA (THE VILLAGE), FOR THE PERFORMANCE OF FLEET MAINTENANCE AND REPAIR SERVICES BY THE CITY'S FLEET MANAGEMENT DEPARTMENT ON BEHALF OF THE VILLAGE; SAID AGREEMENT HAVING AN INITIAL TERM OF FOUR (4) YEARS, WITH TWO (2) TWO-YEAR RENEWAL OPTIONS, UPON MUTUAL AGREEMENT OF THE PARTI ES. RECOMMENDATION Adopt the Resolution. ANALYSIS The City of Miami Beach's Fleet Management Department (Fleet) has been providing fleet maintenance and repair services to the Village of Key Biscayne, Florida, since 2005, via an Intergovernmental Agreement. North Bay Village recently requested that the City enter into a similar agreement to service the Village's 38 vehicles. Fleet maintains and repairs approximately 1,200 vehicles and equipment, including approximately 60 vehicles for the Village of Key Biscayne, at its facility located at Terminal Island. Fleet has the abili ty to schedule and prioritize the proposed maintenance and repair services for Village vehicles so as not to impact its current level of customer service to internal P customers nor day-to-day operations. All maintenance and repair services for the Village would be performed at the Terminal Island facility during regular operating hours. The additional revenue will also help to offset Fleet operating expenses. As part of this Agreement, the Village will pay for all labor and materials provided by the City of Miami Beach's Fleet Management Department based on the City of Miami Beach-Fleet Management's current rate schedule. These rates are reviewed annually and are subject to change at the City's sole discretion. Attached, please find a copy of the Intergovernmental Agreement for Fleet Maintenance and Page 270 of 1191 Repair Services between North Bay Village, Florida, and the City of Miami Beach, Florida, and a Fleet Management Rate Schedule. CONCLUSION The Administration recommends that the Mayor and City Commission approve and authorize the City Manager to execute an Intergovernmental Agreement, substantially in the form attached to this resolution, between the City and North Bay Village, Florida for the performance of fleet maintenance and repair services by the City's Fleet Management Department on behalf of the Village; said Agreement having an initial term of four (4) years, with two (2) two-year renewal options, upon mutual agreement of the parties. KEY INTENDED OUTCOMES SUPPORTED Streamline The Delivery Of Services Through All Departments Legislative Tracking Fleet Management ATTACHMENTS: Description o Resolution & Draft Agreement Page 271 of 1191