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HomeMy WebLinkAbout11922I 2 RESOLUTION NO. 11,922 3 A RESOLUTION AUTHORIZING THE CITY MANAGER TO 4 EXECUTE A PUBLIC AGENCY SERVICES AGREEMENT TO 5 PROVIDE FLEET MAINTENANCE AND REPAIR SERVICE FOR 6 HOUSING AUTHORITY VEHICLES AND EQUIPMENT; AND 7 FOR OTHER PURPOSES. 8 9 WHEREAS, Arkansas Statute 12 -75 -119 authorizes one or more public agencies 10 to contract with any one or more other public agencies to perform any governmental 11 service, activity, or undertaking which each of the public agencies entering into the 12 contract is authorized by law to perform alone; and 13 WHEREAS, the City owns and operates several fleet maintenance and repair 14 service facilities ( "Fleet Service Centers ") for the purpose of routine maintenance and 15 mechanical repair of City -owned vehicles and mechanical equipment; and 16 WHEREAS, the Little Rock Housing Authority does not own or operate a fleet 17 services facility and is interested in entering a more cost effective public agency contract 18 for performance of such services at the City's Fleet Service Centers; and 19 WHEREAS, the additional fleet services responsibilities will not have significant 20 impact on the City's Fleet Service Center operations, and the additional cost to the City 21 for labor and parts will be reimbursed by the Housing Authority. 22 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF 23 THE CITY OF LITTLE ROCK, ARKANSAS: 24 Section 1. Pursuant to the authority set forth in Ark. Code Ann. § 25 -20 -108 25 (Michie Supp. 2003), the City Manager is authorized to execute a public agency service 26 agreement, in a form to be approved by the City Attorney, in order to provide [PAGE 1 OF 2] Resolution To authorize Agreement for Fleet Services Little Rock Housing Authority I maintenance and repair services for Little Rock Housing Authority vehicles and 2 equipment. 3 Section 2. Severability. In the event any title, section, paragraph, item, 4 sentence, clause, phrase, or word of this resolution is declared or adjudged to be invalid 5 or unconstitutional, such declaration or adjudication shall not affect the remaining 6 portions of the resolution which shall remain in full force and effect as if the portion so 7 declared or adjudged invalid or unconstitutional was not originally a part of the 8 resolution. 9 Section 3. Repealer. All ordinances and resolutions are hereby repealed to the 10 extent of such inconsistency. 11 ADOPTED: February 15, 2005 12 13 ATTEST: 14 15 16 Na cy Wood City Clerk 17 18 APPROVED AS TO FORM: 19 20 c- Y 21 Thomas M. Carpenter, City ttorney 22 // 23 // 24 25 26 27 // [PAGE 2 OF 2] Resolution To authorize Agreement for Fleet Services Little Rock Housing Authority APPROVED: W Odd" Jim blailey, Mayor 2 February 2005 FLEET MAINTENANCE AND REPAIR SERVICES AGREEMENT The CITY OF LITTLE ROCK, ARKANSAS, a municipal corporation organized under the laws of the state of Arkansas (hereinafter referred to as "City ") and the LITTLE ROCK HOUSING AUTHORITY (hereinafter referred to as "Housing Authority "), enter into this Agreement this _ day of , 2005. WITNESSETH: WHEREAS, the City owns and operates several fleet maintenance and repair service facilities ( "Fleet C Mo p intenance and mechanical repair of Ci , w pme and WHEREAS, the g or op e a fleet services facility, and currently contracts with private automotive centers for maintenance and repair of Housing Authority vehicles and equipment; and WHEREAS, the Housing Authority is interested in entering a more cost effective public agency contract, pursuant to Arkansas Code Section 25- 20- 108(a), for the performance of fleet maintenance and mechanical repair services at the City's Fleet Service Centers; and WHEREAS, the addition of maintenance and repair responsibilities for the Housing Authority's vehicles and equipment will not have significant impact on the City's Fleet Service Center operations; and WHEREAS, pursuant to Arkansas Code Section 25- 20- 108(a), the City's Board of Directors and the Housing Authority's Board of Commissioners have authorized the execution of this Agreement by approval of Little Rock Board Resolution No. and Housing Authority Board of Commissioners Resolution No. NOW THEREFORE, BE IT AGREED BY THE PARTIES AS FOLLOWS: [Page 1 of 11] 2 February 2005 ARTICLE I. TERM AND CONSIDERATION Section 1.01. Term. The term of this Agreement shall be for a period of one (1) year beginning on the date of execution. Section 1.02. Extension. This Agreement shall be automatically extended one (1) time for one (1) additional year unless either party provides the other party with notice in writing of their intent not to renew the Agreement at least thirty (30) days prior to expiration of the original term. Section 1.03. Consideration. For and in consideration of the covenants set forth below, and in provided to He the Housing Ai services Centers, ,ian hour and further agrees to pay the City for the cost of all mechanical parts and supplies used to provide authorized service and repair of Housing Authority vehicles and equipment plus a ten percent (10 %) shipping and handling charge. Section 1.04. Sales Tax. In addition to the charge for labor, parts and supplies, the City shall collect from the Housing Authority and remit to the State of Arkansas, the applicable gross receipts tax for sales and for vehicle repair service, unless the Housing Authority provides the City with a certificate of sales tax exemption stating the legal basis for the exemption. ARTICLE II SCOPE OF SERVICES Section 2.01. Basic Service. Upon request for basic service by the Housing Authority's authorized agent, the City shall perform a multi-point inspection and routine service as recommended in the manufacturer's service manual for that particular vehicle or piece of equipment. [Page 2 of 11] 2 February 2005 aut ofize ag nt, City% shall idel, service for Ai abled � ousiptg g Section 2.05. Staff. The City represents that it will secure at its own expense all staff required to perform the services under this Agreement. It is expressly agreed that the City enters this Agreement as a political subdivision providing mechanical maintenance and repair service to Housing Authority property as is necessary and proper for the administration of Housing Authority affairs. The Housing Authority shall carry no workers' compensation insurance, health or accident insurance to cover the fleet services technicians who provide services pursuant to this Agreement; nor shall the Housing Authority pay any contribution to Social Security, unemployment insurance, federal or state withholding taxes, nor provide any other contributions or benefits for fleet services technicians which might otherwise be expected in an employer - employee relationship, it being specifically understood and agreed that the fleet services technicians providing services pursuant to this Agreement are employees of and work under the direction of the City. [Page 3 of 11] 2 February 2005 Section 2.06. Identification of Vehicles and Equipment. The Housing Authority may request preventative maintenance and repair services pursuant to this agreement for the vehicles and equipment described in Attachment "A" — Housing Authority Vehicles and Equipment, attached hereto and incorporated herein. This list of vehicles and equipment may be modified if agreed to in writing signed by the parties hereto. ARTICLE III FLEET SERVICE CENTERS Section 3.01. L : win,, cati Fleet Service Centers for purposes of s e se rig close or relocate designated Fleet Servic s b n itte of a ch e in facility status to the Housing Authority's designated contact person. a. J.E. Davis Drive: (3314 J.E. Davis Drive) Service and repair of diesel, gasoline, fire apparatus, police cruisers, heavy trucks, and construction equipment. Major repairs on light to medium duty vehicles are also performed at this location. b. McKinley Street: (201 S. McKinley St.) Service and repair of light duty vehicles and police cruisers. c. Boyle Park: (3101 Boyle Park Rd.) Major repairs on small engines and park maintenance equipment. d. Landfill Shop: (10803 Ironton Cutoff Rd.) Service and repair of heavy construction equipment. Section 3.02. Hours of Operation. Y from 7:00 a;tit. X30 "p:m "` "riday through" except o .�sCty h41 %dy described An Attachment , 2005 �Ho�iday" Schedule. Tie" City's Eh r Flea Sor [Page 4 of 11] 2 February 2005 ARTICLE IV DISCLAIMER OF WARRANTIES Section 4.01. Manufacturer's Warranty. The City shall use only genuine manufacturer's parts or parts of equal quality for the service and repair of Housing Authority vehicles and equipment. However, the only warranties applying to mechanical parts used in the service or repair of Housing Authority's vehicles are those which may be offered by the manufacturer. THE CITY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ALL MECHANICAL PARTS AND SUPPLIES USED IN THE SERVICE OR REPAIR OF HOUSING AUTHORITY'S VEHICLES AND EQUIPMENT, AND NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY LIABILITY IN CONNECTION WITH THE MECHANICAL PARTS AND [Page 5 of 11] 2 February 2005 SUPPLIES USED TO SERVICE OR REPAIR HOUSING AUTHORITY'S VEHICLES AND EQUIPMENT. ARTICLE V. HOUSING AUTHORITY'S DUTIES Section 5.01. Authorized Agents. The Housing Authority shall provide a list of agents designated for the purpose of authorizing service and repair requests under this Agreement. This list and any changes thereto shall be verified by notarized signature of the Housing Authority's authorized signatory and delivered to the City's Fleet Services Director. Section 5.02. Payment. By the fifteenth (151h) day of each month, the Housing Authority shall submit payment for technician hours and parts used for the maintenance and repair of Housing Authority vehicles during the previous month, as listed on the City's monthly billing invoice. All payments to the City required by this Agreement shall be made payable to "City of Little Rock" and submitted to the Department of Fleet Services, 3314 J.E. Davis Drive, Little Rock, AR 72209. [Page 6 of 11] 2 February 2005 Section 5.03. Service Manuals. If requested by the City's Fleet Services Director, the Housing Authority shall provide the manufacturer's service manual for a specified vehicle or piece of equipment prior to its service. Section 5.04. Scheduling Preventive Maintenance. The Housing Authority is City, will provide information regarding paler 0# of Ho #stag Authority, v id s pursuant t© this Agreement. Section 5.05. Towing. Any Housing Authority vehicle or equipment that must be towed to or from a er "er the Housing Au thority and shall not o fall g TSee ontract. Section 5.06. Ins T arisk of los s or damage to Housing Authority vehicles, equipment and their contents caused by human - related perils, weather - related perils, and Acts of God. ARTICLE VI BILLING Section 6.01. Monthly Invoice. The City shall send a monthly invoice to the Housing Authority's designated contact person by the fifth (5th) day of each month, detailing service and repair transactions for the previous month. Each invoice shall contain the following information: the vehicle or piece of equipment serviced or repaired, the nature of the work performed on that vehicle or equipment, the technician hours spent on the work, mechanical parts installed, the cost of each mechanical part installed, and the applicable sales tax. Section 6.02. Service Transaction Printouts. If requested by an authorized agent of the Housing Authority, the City shall provide a transaction printout describing [Page 7 of 11] 2 February 2005 the details of any maintenance or repair that was performed on a specified vehicle or piece of equipment pursuant to this Agreement. ARTICLE VII NOTICE Section 7.01. Notice. Any notices or demands required by this Agreement shall be in writing, and personally delivered or mailed in the United States mail, postage prepaid: With a courtesy copy to: Office of the City Attorney City Hall 500 West Markham, Suite 310 Little Rock, Arkansas 72201 b) To the Housing Authority, to the attention of: Paul Ehenger, Contracting Officer Little Rock Housing Authority 1000 Wolfe Little Rock, Arkansas 72202 ARTICLE VIII TERMINATION (501) 371 -4527 (501) 371 -4675 FAX (501) 340 -4821 (501) 340 -4845 FAX Section 8.01. Termination. Either party shall have the right to terminate this Agreement for loss of funding or other good cause by giving written notice of [Page 8 of 11] 2 February 2005 termination to the other party at least thirty (30) days before the effective date of such termination. Section 8.02. Continuing Obligations. All continuing covenants or obligations herein shall survive expiration or earlier termination of this Agreement. ARTICLE IX MISCELLANEOUS PROVISIONS this Agreement or to require performance by the Housing Authority of any of the provisions hereof, shall in no way be construed to be a waiver of such provisions nor in any way to affect the validity of this Agreement or any part thereof, or the right of the City to thereafter enforce each and every such provision. Section 9.04. Assignment. This Agreement shall not be assigned or transferred by either party. Section 9.05. Captions. All captions contained in the Agreement are inserted only as a matter of convenience and in no way define, limit or extend the scope or intent of this Agreement. Section 9.06. Entire Agreement. This Agreement and the documents referenced herein contain the complete and entire agreement of the parties with respect to the services and obligations contemplated herein, and supersede all prior negotiations, agreements, representations and understandings, if any, among the parties regarding such matters. [Page 9 of 11] 2 February 2005 Section 9.07. Severability. In the event any section, subsection, or sentence of this Agreement is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining provisions of this Agreement, as if such invalid or unconstitutional provision was not originally a part of this Agreement. Section 9.08. Interpretation. This Agreement shall be construed without regard to the identity of the persons who drafted the provisions contained herein. Moreover, each and every provision of the Agreement shall be construed as though each party hereby represent and warrant that they have full and complete authority to act on behalf of the City or the Housing Authority, that their respective governing bodies have authorized execution of this Agreement and that, by their signatures below, the terms and provisions hereof constitute valid and enforceable obligations of each party. IN WITNESS WHEREOF, the parties have herunto affixed their hands and seals this day of 2005. [Signatures Next Page] [Page 10 of 11] CITY: City of Little Rock, Arkansas Bruce Moore, City Manager ATTEST: Nancy Wood, City APPROVED AS TO LEGAL FORM: Thomas M. Carpenter, City Attorney 2 February 2005 HOUSING AUTHORITY: Little Rock Housing Authority Paul Ehenger, Contracting Officer ATTEST: [Page 11 of 11] Administrator City of Little Rock Tentative FY05 Short-term Financing Department Item Fire Planning & Development Parks General Government Information Technology Finance Zoo Neighborhood Housing & Programs Fleet Services Public Work - General Amount 24,000 100,000 25,000 500,000 150,000 357,000 15,000 600,000 130,000 150,000 200,000 42,000 35,000 616,000 177,000 715,000 660,000 85,000 500,000 5,081,000 14,000 5,095,000