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1991-42 Amendment to Coconut Creek Agreement for Vehicle MaintenanceRESOLUTION NO. 91 - 42 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, AUTHORIZING THE CI'T'Y OFFICIALS TO APPROVE THE AMENDMENT OF AN AGREEMENT, DATED DECEMBER 8, 1988, BETWEEN THE CITY OF PARKLAND AND THE CITY OF COCONUT CREEK, FLORIDA FOR REPAIR AND MAINTENANCE OF PARKLAND'S VARIOUS VEHICLES WHEREAS, the City Commission of the City of Parkland finds and determines that it is in the best interests of the citizens of the City to approve the amendment of an Agreement, dated December 8, 1988, between the City of Parkland and the City of Coconut Creek, Florida for repair and maintenance of Parkland's various vehicles as described in the Amended Agreement attached hereto and made a part hereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA: Section 1. That the appropriate City officials are hereby authorized to approve the amended Agreement between the City of Parkland and the City of Coconut Creek. Section 2. That this Resolution shall be in full force and effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS _. (2. SUSAN ARMSTRONG, C.M.0 16th DAY OF 'Y CLERK OCTOBER 1991. SAL PAGLIARA4MAYOR AMENDMENT TO AGREEMENT THIS AMENDMENT TO AGREEMENT, made this �[s day of , 1991, by and between the CITY OF COCONUT CREEK, a Florida municipal corporation, hereinafter called "Coconut Creek" and the CITY OF PARKLAND, a Florida municipal corporation, hereinafter called "Parkland": WHEREAS, on December 20, 1988, Coconut Creek and Parkland entered into an Agreement where Coconut Creek repaired and maintained Parkland's various vehicles and equipment attached thereto; and WHEREAS, Coconut Creek end Parkland have determined that an Amendment to said Agreement is in the best interests of both Cities. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: ]) That the certain agreement between Coconut Creek and Parkland dated December 20, 1988, is hereby amended by the deletion of the following language and the addition of the following language as so indicated: G}---Goeonert-Greekr--through--i-t -Pub}ie-•W'erks--Depe grope t -w -fl}• -repair end- meIrts4n- TeTkleir1- rb-1-1-o- -Work-s,- -1 o1 ee--•and -Fire-Bivisien-veki•eles-and egr4preet---e-Eraebed•- ter---sedd--vebfel•es - urhet--Ceeenut-Greek•-etr-ipment--and manpower-are-available:--8ehteles-shall-be-transported-to-and-€rem-Geeenut Greek b *--or--et• the expense--of-Parlfbai r ter teTa4et -•tire--Geeenut-Greek meter-1,reMe.1,1e meluteaseee -bu4-i ding r Ieeeted- -st -4800- West -Gope1 e --Read; Geeenut-Greeks-Fferlda- 2) Coconut Creek, through its Public Works Department will provide ISO certification of pumps on fire trucks and -preventive maintenance checks on fire trucks as required, --when _Coconut Creek_ equipment -and manpower are available. Fire trucks shall be transported to and from Coding: Words stresek-three:gh are deleted. Words underlined are additions. Coconut Creek by or at the expense of Parkland, for inspection at the Coconut Creek motorvehicle maintenance building, located at 4800 West Copans Road, Coconut Creek, Florida. 3) Except as modified herein, the Agreement between Coconut Creek and Parkland shall remain in full force and effect. Both parties expressly agree that it is the intention of neither party to avoid or terminate the original Agreement. Instead it is the parties intention to modify the original. Agreement by the deletion and addition of the aforesaid language. 4) This document shall be executed in no less than four counterparts, each of which shall be deemed to be an original. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature. The City of Coconout Creek through its City Council signing by an authorized official to execute same by Council action on the �_ day of_mow.-/.,._, , 199], and City of Parkland, signing by and through its City Commission duly authorized to execute same by Commission action on the /(� i� day of Attest: ANGEA. BENDE City Clerk Approved as sufficie , 1991. to legal form and oconut Creek City Atto -2- CITY OF COCONUT CREEK Coding: Words s reek-threngh are deleted. Words underlined are additions. , 1991. Approved as to legal form and sufficiency: CITY OF PARKLAND By: DATED: 884 /L , 1991 ACREEMENT THIS AGREEMENT, dated this 8th day of feremher , 1988, by and between the CITY OF COCONUT CREEK, a Florida municipal corporation, hereinafter called "Coconut Creek" and the CITY OF PARKLAND, a Florida municipal corporation, hereinafter called "Parkland": WHEREAS, Parkland by and through its City Commission has requested the assistance of Coconut Creek for repair and maintenance of Parkland's various vehicles and equipment attached thereto, and WHEREAS, Coconut Creek has the resources to do the necessary work. W I T N E S SETH : That for and in consideration of the mutal terms and conditions, covenants and payments hereinafter set forth, Coconut Creek and Parkland hereby agree as follows: 1) That the foregoing statements are true and correct. 2) Coconut Creek, through its Public Works Department will repair and maintain Parkland Public Works, Police and Fire Division vehicles and equipment attached to said vehicles when Coconut Creek equipment and manpower are available. Vehicles shall be transportedto and from Coconut Creek by or at the expense of Parkland, for repair at the Coconut Creek motor vehicle maintenance building, located at 4800 West Copans Road, Coconut Creek, Florida. 3) Coconut Creek agrees to keep records of its costs and performance of work for Parkland and to make such records available to Parkland at the time of billing. 4) Coconut Creek shall bill Parkland at the completion of the work for all of Coconut Creek's actual costs, including both material and labor incurred in the performance of the work for Parkland, plus 15% overhead. 5) Parkland shall pay Coconut Creek the amount billed by Coconut Creek within thirty days of receipt of Coconut Creek's bill. 6) Parkland shall indemnify, defend and hold harmless Coconut Creek, its officers, agents and employees from and against any and all claims, suit actions, damages, liabilities, expenditures, or causes of action of any kind arising from this Agreement and resulting or accruing from any negligent act, omission or error of Parkland, resulting in or relating to, injuries to body, life, limb, or property sustained in, or arising from this Agreement. Parkland shall defend, at its sole cost and expense, any legal action, claim, or proceeding instituted by any person. against Coconut Creek as a result of any claim, suit or cause of action accruing from this Agreement, for injuries to body, life, limb or property as set forth above. Parkland shall save Coconut Creek harmless from and against all judgments, orders, decrees, attorney's fees, costs, expenses and liabilities incurred in and about any such claim, investigation or defense thereof, which may he entered, incurred or assessed as a result of the foregoing. Nothing in this Agreement shall affect the impunity of cities contained in §768.28, Florida Statutes. 7) Either party may terminate this Agreement upon thirty (30) days written notice with or without cause, with payment for services performed up to the date of termination. 8) Whenever either party desires to give notice to the other, it must be given by written notice, sent by certified mail, with return receipt requested, as follows: CITY OF COCONUT CREEK City Manager Post Office Box 63/4007 Coconut Creek, FL 33066 CITY OF PARKLAND City Manager 6500 Parkside Drive Parkland, FL 33067 9) This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. It -2- is further agreed that no modification amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 10) This document shall be executed in no less than four counterparts, each of which shall be deemed to be an original. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature. The City of Coconut Creek through its City Council signing by an authorized, official to execute same by Council action on the A -h day of nnramh„. 1988, and City of Parkland, signing by and through its City Commission duly authorized to execute same by Commission action on the 2 day of November , 1988. DATED December 20, 1988 , 1988. Attest: CITY OF COCONUT CREEK r ANGE) A. BENDER, CMC CitS, Clerk . Approved as to legal form and su iciency: _ ,fr•`1...-Coconutlieek City Attorney Attest: City Clerk Approved as to legal form and sufficl,ncy�1: _ s; nd Cit" •sneer -3- By: DENNIS MELE, City Manager CITY OF PARKLAND By: