Loading...
1995-10 Agreement with Coconut Creek-Police & Fire Vehicle Maintenance RESOLUTION NO. 95 - 10 A RESOLUTION OF THE CITY COHMISSIOR OF THE CITY OF PARKLARD, FLORIDA AU'!'HORIZIRG THE CIn OFFICIALS TO DBetrl'E AR AGRDHER'l' WIm 'lHE CIn OF COCOll1J'1' CRBBlt, FLORIDA FOR THE SERVICIRG OF PARKLARD'S VARIOUS VEHICLBS ARD EQUIPlIBR'l' WHEREAS, the City co..ission of the City of Parkland, Florida finds and deteraines that it is in the best interest of the citizens to execute an agre_nt between the City of Parkland, Florida and the City of Coconut Creek, Florida for repair and maintenance of Parkland's various vehicles and equipment as described in the agreement attached hereto and made a part thereof; ROW, 'lHEREFORE, BE IT RBSOLVED BY THE CITY COMMISSIOR OF THE CITY OF PARKLARD, FLORIDA, that: Section 1. That the appropriate City Officials are hereby authorized to approve the agre8llent between the City of Parkland, Florida and the City of Coconut Creek, Florida. Section 2. This Resolution sball take effect immediately upon its passage and adoption. PASSED ARD ADOPTED '!'HIS 1 DAY OF February, 1995. '- ~ _CL.;;~~' SUSAR ARMS'lRORG, C . H. C., C TY CLERK AGREEMENT TInS AGREEMENT, dated this 1 day of February, 1995, 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 ofParkland's's various vehicles and equipment attached thereto, and WHEREAS, Coconut Creek has the resources to do the necessary work. WITNESSETH: That for and in consideration of the mutual terms and conditions, covenants and payments hereinafter set forth, Coconut Creak 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. Vehicles shall be transported to 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, though its Public Works Department will provide ISO certification of pumps on fire trucks and preventive maintenance checks on fire trucks as required. Fire trucks shall be transported to and from Coconut Creek by or at the expense of Parkland, for inspection at the Coconut Creek motor vehicle maintenance building, located at 4800 West Copans Road, Coconut Creek, Florida. 4) 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. 5) Coconut Creek shall place the Parkland vehicles in the Coconut Creek repair schedule based on delivery of the vehicle to the Coconut Creek maintenance yard. Requests to expedite a vehicle repair can only be made in advance based on a scheduled appointment approved by the Fleet Supervisor or his designed and will only be granted when Coconut Creek equipment and manpower are available and does not adversely affect the repair and maintenance schedule in effect. -2- 6) Coconut Creek shall bill Parkland at the completion of the work for all of Coconut Creek's actual costs for parts and supplies incurred in the perfonnance of the work for Parkland. plus 20% overhead. 7) Coconut Creek shall bill Parkland at the completion of the work for all labor hours incurred in the performance of the work for Parkland at $30.00 per hour, based ona minimum of 15 minute increments. Annually. coinciding with the beginning of each fiscal year. Coconut Creek shall evaluate the labor rate and propose a new labor rate based on rate changes in the Coconut Creek Operating Budget. 8) Parkland shall pay Coconut Creek the amount billed by Coconut Creek within thirty days of receipt of Coconut Creek's bill. 9) To the extent permitted by law 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. To the extent permitted by law 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, resulting from actions of the City of Parkland or its employees. To the extent pennitted by law 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 be entered, incurred or assessed as a result of the foregoing. Nothing in this Agreement shall affect the immunity of cities contained in 768.28, Florida Statutes. 10) Either party may terminate this Agreement upon thirty (30) days written notice with or without cause, with payment for services perfonned up to the date of termination. II) Whenever either party desires to giver notice to the other, it must be given by written notice, sent by certified mail, with return receipt requested, ~ follows: -3- CITY OF COCONUT CREEK City Manager Post Office Box 63/4007 Coconut Creek, FL. 33066 CITY OF PARKLAND City Manager 6500 Parkside Drive Parkland, Florida 33067 12) 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. Itis 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. 13) A waiver of any breach of any provision of this agreement shall not constitute or operate as a waiver of any other breach of such provision or of any other provisions, nor shall any failure to enforce any provision hereof operate as a waiver of such provision or of any other provision. 14) This Agreement has been negotiated and drafted by all parties hereto and shall not be more strictly construed against any party because of such parties' preparation of this Agreement. 15) All parties to this Agreement have been represented by their respective counsel. The parties hereto acknowledge having read this Agreement and discussed the terms of this Agreement with their respective counsel and elected officials and that the approval and execution of this Agreement has been made freely and voluntarily with full knowledge of its legal effect. 16) This Agreement shall be binding upon the parties hereto and their successors. 17) In the event it becomes necessary for any reason to construe this Agreement as permitted by the rules of evidence of the State of Florida this Agreement will be construed as being jointly prepared and drafted by all parties hereto. 18) This document shall be executed in no less that four counterparts, each of which shall be deemed to be an original. -4- 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 Commission signed by an authorized official to execute same by Commission action on the 02.3 6L day of ~ ~ . 1995 and City of Parkland, signing by and through its City Commission duly authorized to execute same by Commission action on the 1 day of February 1995. DATED:'~ .;J.3~ . 1995 Attest: CITY OF COCONUT CREEK a~r/:/d~ ANG A A. BEND R CMC City Clerk Approved as to legal form and sufficiency: ~. ~~U6/h Coconut k City Attorney , Attest: CITY OF PARKLAND By: 0-<,<c<Ood ~~ City Clerk - P