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FD Provision of Fire Apparatus, Pump, & Multi-Plex Electronic RepairAGREEMENT FOR THE PROVISION OF FIRE APPARATUS EMERGENCY REPAIR, FIRE PUMP REPAIR, AND MULTI-PLEX ELECTRONIC REPAIR BY THE CITY OF SAN RAFAEL TO THE CENTRAL MARIN FIRE DEPARTMENT This Agreement is made and entered into this S day of �.� �L , 20 Z q by and between the CITY OF SAN RAFAEL, a California charter city ("SAN RAFAEL"), and the CENTRAL MARIN FIRE DEPARTMENT ("CUSTOMER"). RECITALS WHEREAS, CUSTOMER has a need for fire apparatus emergency repair (unplanned nor scheduled), fire pump repair, and multi-plex electronic repair to vehicles used in its operations; and WHEREAS, SAN RAFAEL has a Fire Mechanic with the expertise and experience to provide the repair services required by CUSTOMER; and WHEREAS, by malting use of SAN RAFAEL'S vehicle repair services, CUSTOMER can obtain its vehicle repair needs locally, while allowing SAN RAFAEL to optimize the efficiency of its vehicle service operations; AGREEMENT NOW, THEREFORE, the parties agree as follows: 1. Purpose: The purpose of this Agreement is to define the scope of vehicle repair services to be provided to CUSTOMER by SAN RAFAEL, set forth the compensation to be paid by CUSTOMER for such services, and enumerate other related provisions that contribute to the mutual benefit of the parties to this Agreement. 2. Term: The term of this Agreement shall be one (1) year, effective upon execution by all parties. The Agreement will automatically renew after each one (1) year term. 3. Scope of Services: A. SAN RAFAEL'S Duties. SAN RAFAEL shall have the following duties hereunder: • When feasible and as scheduling permits, the SAN RAFAEL's fire mechanic shall perform emergency repair, fire pump repair, and multi-plex electronic repair to the fire apparatus operated by CUSTOMER; • All CUSTOMER requests shall originate from the CUSTOMER BC and be sent to the SAN RAFAEL BC who will then schedule the repair with the Fire Mechanic; • CUSTOMER acknowledges that vehicles in SAN RAFAEL'S fleet take priority regarding scheduling for repairs; • SAN RAFAEL will follow manufacturer specified recommendations (MSR) for CUSTOMER'S vehicles, unless otherwise directed by CUSTOMER; When a Manufacturer's Warranty is applicable to CUSTOMER'S vehicles, SAN RAFAEL will notify CUSTOMER; SAN RAFAEL will provide reports pertaining to CUSTOMER'S vehicles when feasible and upon request; B. CUSTOMER'S Duties. CUSTOMER shall have the following duties hereunder: • CUSTOMER will drop off and pick up CUSTOMER'S vehicles; • All of CUSTOMER'S vehicles delivered to CITY for repair shall have a minimum of a 112 tank of fuel; • CUSTOMER shall inform BC and Fire Mechanic of the repairs needed; • CUSTOMER shall inform the Fire Mechanic of any other damage or safety defects upon delivery of vehicle; • CUSTOMER shall pay invoices within 30 days of receipt. 4. Service Charges: SAN RAFAEL will charge CUSTOMER $158.78 per hour for labor, excluding parts and materials. San Rafael reserves the right to increase the fiilly burdened rate tip to 3% annually. In addition, SAN RAFAEL will charge CUSTOMER for parts and materials including shipping charges provided for CUSTOMER'S vehicles at SAN RAFAEL'S cost. 5. Termination. Either party may terminate this Agreement with or without cause by giving the other party thirty (30) calendar days' written notice of termination. In the event of termination, CUSTOMER shall compensate SAN RAFAEL for all services rendered through the effective date of termination. 6. Notices. Unless stated otherwise herein, all notices, demands, or invoices shall be in writing and sent to the parties to their addresses below, or to such other addresses as the parties may hereafter designate in writing: TO CITY OF SAN RAFAEL: Darin White, Fire Chief City of San Rafael Fire Department 1600 Los Gamos Drive San Rafael, CA 94903 TO CUSTOMER: Ruben Martin, Fire Chief Central Marin Fire Department 342 Tamalpais Drive Corte Madera, CA 94925 Notices and/or demands shall be sent by United States Mail, postage prepaid, or hand delivered. Such notices shall be deemed effective when so mailed or hand delivered at the addresses specified above. 7. Survival. Any provision of this Agreement that imposes an obligation after termination or expiration of this Agreement shall survive the term of expiration of this Agreement and shall be binding on the parties to this Agreement. 8. Governin Law. This Agreement shall be governed by and construed in accordance with the laws, riles and regulations of the State of California. 9. Non -Exclusive Agreement. The parties to this Agreement shall not be precluded from entering into similar agreements with other municipal corporations or public agencies. 10. Compliance with Law. All parties to this Agreement shall comply with all applicable federal, state and local laws, Hiles and regulations in carrying out the terms and conditions of this Agreement. 11. No Employment Relationship. SAN RAFAEL and CUSTOMER understand and expressly agree that in connection with this Agreement, each party bears fiill responsibility for controlling the manner and means by which their respective employees perforin work, and for providing all compensation and other employment benefits including payroll taxes and worker's compensation coverage to their respective employees. CUSTOMER'S employees are not SAN RAFAEL employees and SAN RAFAEL employees are not CUSTOMER'S employees, and employees of either party shall have no right to, and shall make no claim for, any type of employment benefits or compensation from the other agency. 12. Entire Agreement—Amendments. The terms and conditions of this Agreement represent the entire Agreement of the parties with respect to the subject matter of this Agreement and supersede any and all prior negotiations, discussions, understandings, and agreements between the parties as to the subject matter hereof. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by SAN RAFAEL and CUSTOMER. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL CUSTOMER By BY_ Ji Schutz, Canager c ti M-O{L-I ! ;" ��-�E2- L i �r 3.� r [Nance and Title] ATTEST: ATTEST: At, LINDSAY LARA, City Clerk [Name and Title] APPROVED AS TO FORM: APPROVED AS TO FORM: A 11 ROBEitT F. EPSTEIN, City Attorney [Name and Title] CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Fire Department Project Manager: Darin White Extension: 3084 Contractor Name: Central Marin Fire Department Contractor's Contact: Ruben Martin Contact's Email: rmartin@centralmarinfire.org ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor Click here to Fire Department enter a date. b. Email contract (in Word) and attachments to City Click here to Attorney c/o Laraine.Gittens@cityofsanrafael.org enter a date. 2 City Attorney a. Review, revise, and comment on draft agreement and return to Project Manager Cil _1)kh •re �� iC',fE�� , C. ❑X b. Confirm insurance requirements, create Job on C=1i�% 4 ger, to �k(y/ PINS, send PINS insurance notice to contractor +Itei a��' 3 Department Director Approval of final agreement form to send to Click or tap ❑ contractor to enter a date. 4 Project Manager Forward three (3) originals of final agreement to Click here to ❑ contractor for their signature enter a date 5 Project Manager When necessary, contractor -signed agreement ❑ N/A agendized for City Council approval * *City Council approval required for Professional Services ❑ Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 Click here tc Date of City Council approval enter a date PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form 7 City Attorney Review and approve hard copy of signed/1Q agreement 8 City Attorney Review and approve insurance in PINS, and bonds 61/ 6/ / z ez ' f IVI� (for Public Works Contracts) 9 City Manager/ Mayor Agreement executed by City Council authorized City Clerk official 10 Attest signatures, retains original agreement and �i forwards copies to Project Manager (�