Loading...
HomeMy WebLinkAboutR-94-0229J-94-259 3/28/94 RESOLUTION NO. 9-4- 229 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND STEPHEN V. RENUART, PROVIDING FOR THE MAINTENANCE AND CARE OF TWO OH-6 HELICOPTERS, AND ALLOCATING FUNDS THEREFOR, IN THE AMOUNT OF $40,000, FROM THE POLICE DEPARTMENT GENERAL OPERATING BUDGET, INDEX CODE 290201-670; FURTHER AUTHORIZING THE CITY MANAGER TO EXTEND THE AGREEMENT THREE TIMES, UNDER THE SAME TERMS AND CONDITIONS SET FORTH THEREIN, WITH THE DURATION OF EACH EXTENSION TO BE A PERIOD OF ONE YEAR, SUBJECT TO THE AVAILABILITY OF FUNDS. WHEREAS, the Police Department has taken possession of two OH-6 helicopters from the federal government; and WHEREAS, the maintenance and care of these helicopters requires specific expertise, and cannot be performed by mechanics currently employed by the City of Miami; and WHEREAS, the Aviation Detail is familiar with the work of Stephen V. Renuart, and his costs for performing these services are competitive in the field; and WHEREAS, proper care and maintenance of these helicopters can reduce the actual cost of operating them; and WHEREAS, funds to cover this agreement are available in the Police Department General Operating Budget, Index Code 290201- 670; CITY COKMSSION MEETING OF APR t 4 1994 Resolution No. 94-- 229 NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference I� thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized to execute an agreement with Stephen V. Renuart, in substantially the attached form, providing for the care and maintenance of two OH-6 helicopters, with funds therefor being hereby allocated from the Police Department General Operating Budget, Index Code 290201- 670. Section 3. The City Manager is further authorized to extend the agreement three times, under the same terms and conditions stated therein, with each extension having a duration of one year and being subject to the availability of funds. Section 4. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 14th day of April , 1994. ATTES i MATTY HIRAI, CITY CLERK BUDGETARY REVIEW & APPROVED BY: i MANOHAR S. SURANA I ASSISTANT CITY MANA R STEPHEN P. CLARK MAYOR -2- 94- 229 PREPARED AND APPROVED BY: 6all;lu�- ALBERTINEF B. SMITH CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: M4247/ABS/sls -3- '534- 229 THIS AGREEMENT is entered into this day of 19_, by and between the CITY OF MIAMI a municipal corporation of the State of Florida, hereinafter referred to as the "CITY", and STEPHEN V. RENUART, an individual, hereinafter referred to as the "PROVIDER" WHEREAS, the Department is desirous of obtaining Helicopter Maintenance Services (Labor only) as described in Exhibit I from the PROVIDER and the PROVIDER is desirous of furnishing such services; and NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained, and subject to the terms and conditions hereinafter stated, the parties hereto understand and agree as follows: (1) "CITY" means The City of Miami. (2) "PROVIDER" means Stephen V. Renuart at 12510 S. W. 109 Terrace, Miami, FL 33186, Airframe and Powerplant License # 262 217107. (3) "DEPARTMENT" means The City of Miami Police Department. The Scope of Services and Line Item Budget are incorporated as part of this Agreement and are attached hereto as Exhibit I. Use and implementation of Helicopter Maintenance Services (Labor only). 94- 229 1. CITY shall pay PROVIDER as maximum compensation for the Helicopter Maintenance services required pursuant to Article II hereof, $40,000. uRIN • . 012Z-Ui•�QN 1. Monthly payments for Helicopter Maintenance services shall be made to the PROVIDER in the amount of $3,333.33 upon receipt of monthly invoice. 2. CITY shall have the right to review and audit the records related to any payments by the CITY. This Agreement shall commence upon execution by the City Manager and shall terminate one year thereafter. At the discretion of the CITY and with the agreement of the PROVIDER, this agreement may be extended for two (2) additional 12 month periods. CITY retains the right to terminate this Agreement at any time prior to completion of the services required pursuant to this Agreement without penalty to the CITY. In that event, notice of termination of this Agreement shall be in writing to PROVIDER, who shall be paid for those services performed prior to the date of its receipt of the notice of termination. In no case, however, will CITY pay PROVIDER an amount in excess of the total sum provided by this Agreement. It is hereby, understood by and between CITY and PROVIDER that any payment made in accordance with this Section to PROVIDER, shall be made only if said PROVIDER is not in default under the terms of this Agreement. If PROVIDER is in 2 94- 229 default, the CITY shall in no way be obligated and shall not pay to PROVIDER any sum whatsoever. The PROVIDER, its employees and agents shall be deemed to be independent contractors, not agents or employees of the CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of the CITY, or any rights generally afforded classified or unclassified employees; further he/she shall not be deemed entitled to Florida Worker's Compensation benefits as an employee of the CITY. Both parties shall comply with all applicable laws, ordinances and codes of Federal, State, and Local Governments. ► • ► � � lull► : �� PROVIDER agrees that it shall not discriminate as to race, sex, color, creed, national origin, or handicap in connection with its performance under this Agreement. Furthermore that no otherwise qualified individual shall, solely by reason of his/her race, sex, color, creed, national origin, or handicap, be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity. receiving federal financial assistance. B. MINORITY PROCUREMENT COMPLIANCE PROVIDER acknowledges that it has been furnished a copy of Ordinance No. 10062, the Minority Procurement Ordinance of the CITY of Miami, and agrees to comply 3 94- 229 0 with all applicable substantive and procedural provisions therein, including any amendments thereto. No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. The CITY may conduct a formal review of the PROVIDER'S compliance with the terms of this Agreement. A report of their findings will be made available to the PROVIDER within thirty (30) days of the completion of said review. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby, if such remainder would then continue to conform to the terms and requirements of applicable laws. All documents developed by PROVIDER under this Agreement shall be delivered to CITY by said PROVIDER upon completion of the services required pursuant to this agreement, and shall become the property of the CITY, without restriction or limitation on its use. PROVIDER agrees that all documents maintained and generated pursuant to this 94- 229 0 contractual relationship between CITY and PROVIDER shall be subjected to all provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties that any information, writings, maps, contract documents, reports or any other matter whatsoever, which is given by CITY to PROVIDER pursuant to this Agreement, shall at all times remain the property of CITY and shall not be used by PROVIDER for any other purpose whatsoever without the written consent of CITY. A. The PROVIDER covenants that no person under its employ who presently exercises any functions or responsibilities in connection with this Agreement has any personal financial interests, direct or indirect, with CITY. PROVIDER further covenants that, in the performance of this Agreement, no person having such conflicting interest shall be employed. Any such interests on the part of the PROVIDER or its employees, must be discussed in writing to the CITY. B. PROVIDER is aware of the conflict of interest laws of the City of Miami (City of Miami Code chapter 2, Article V), Dade County, Florida (Dade County Code Section 2-11.1) and the State of Florida, and agrees that they will fully comply in all respects with the terms of said laws. The PROVIDER shall indemnify and save CITY harmless from and against any and all claims, liabilities, losses, and causes of action, which may arise out of PROVIDER'S activities under this Agreement, including all other acts or omissions to act 5 14-- 229 on the part of the PROVIDER or any of them, including any person acting for or on his or their behalf, and, from and against any orders, judgments or decrees which may be entered, from and against all cost, attorney's fees, expenses and liabilities incurred in the defense of any such claims, or in the investigation thereof. PROVIDER warrants that it has not employed or retained any person employed by the CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person employed by the CITY any fee, commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of the Agreement. The obligations undertaken by the PROVIDER pursuant to this Agreement shall not be delegated or assigned to any other person or firm unless the CITY shall first consent in writing to the performance or assignment of such services or any part thereof by another person or firm. This Agreement shall be strictly construed and enforced according to the laws of the State of Florida. 31 0;4- 229 This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. The CITY reserves the right to audit the records of the PROVIDER at any time during the performance of the Agreement and for a period of three (3) years after final payment is made under this Agreement. Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and is subject to amendment or termination due to lack of funds, or authorization, reduction of funds, and/or change in regulations. In the event the PROVIDER shall fail to comply with each and every term and condition of this Agreement, or fails to perform any of the terms and conditions contained herein, then CITY, at its sole option, upon written notice to PROVIDER may cancel and terminate this Agreement, and all payments, advances, or other compensation paid to PROVIDER by CITY while PROVIDER was in default of the provisions herein contained, shall be forthwith returned to CITY. OJ4- 229 A. General conditions or other communications which shall or may be given pursuant to this Agreement, shall be in writing and shall be delivered by personal service, or by registered mail addressed to the other party at the address indicated herein, or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally, served or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. CITY OF MIAMI 3500 Pan American Drive Miami, FL 33133 Copy to: Chief of Police 400 N. W. Second Avenue Miami, FL 33101 PROVIDER STEPHEN V. RENUART 12510 S. W. 109 Terrace Miami, FL 33186 Airframe and Powerplant Licence # 262 217107 B. Title and paragraph headings are for convenient reference and not a part of this Agreement. C. In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms in this Agreement shall rule. D. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same, or any other provision hereof, and no waiver shall be effective unless made in writing. E. Should any provisions, paragraphs, sentences, words or phrases contained in this agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provisions, paragraphs, sentences, words or phrases shall be 8 -4- 229 0 deemed modified to the extent necessary to conform with either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. ENTIRE AGREEMENT This instrument and its attachments constitute the sole and only Agreement of the parties hereto relating to said service and correctly sets forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force of effect. IN WITNESS WHEREOF, the parties hereto have caused this instrument be executed by the persons thereto legally authorized, this day and year first above written. Attest: STEPHEN V. RENUART l By: W? WITNESS MATTY HIRAI CITY CLERK E CITY OF MIAMI, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA CESAR ODIO CITY MANAGER 94- 229 APPROVED: C hlhP Ur FOLIC E APPROVED AS TO FORM AND CORRECTNESS: i A. QUINN �)VES, III CITY ATTORNEY APPROVED AS TO INSURANCE REQUIREMENTS: DEPARTMENT OF RISK MANAGEMENT 94- 229 10 t STATE OF FLORIDA COUNTY OF DADE I, the undersigned authority, hereby certify that the foregoing instrument is true and correct. WITNESS my hand and official seal, this 3rd day of March A.D., 1994. ary ub State of Florida P1 i� .c. ' IJBLIC. srATCC OF FLORiCA. I' .:UMAIISCION EXPIRES: AUG. 19, 1994. My commission expires -.•QED THRU NOTARY PUBLIC UNDERWRIIUR9. 04'J 229 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM I�3 TO : The Honorable Mayor and Members DATE : 3 FILE of the City Commission Ces dio FROM : Cit alter SUBJECT : Helicopter Maintenance Agreement REFERENCES: ENCLOSURES: It is respectfully recommended that the City Commission adopt the attached Resolution, authorizing the City Manager to execute an agreement with Stephen V. Renuart, a non -minority, whose principal place of business is 12510 SW 109 Terrace, Miami, F1 33186, for the care and maintenance of two OH-6 helicopters, at a cost not to exceed $40,000, be approved. Funding is to be from the Police Department General Operating Budget. BACKGROUND: The Police Department has obtained two OH-6 helicopters from the federal government at no charge to the City. In order to maintain these aircraft it is necessary that an outside mechanic, specifically trained to work on this equipment be retained. Stephen V. Renuart possesses the appropriate qualifications to maintain and care for the aircraft, and at $40,000 per year, is competitively priced. He will be responsible for all specialized diagnostic and mechanical work in all phases of repair, service, and preventative maintenance of the aircraft. He will also maintain a shop with the necessary parts and equipment inventory. It is, therefore, recommended that authorization be given for the City Manager to execute an agreement with Stephen V. Renuart, at a cost of $40,000 per year, funding to be from the Police Department General Operating Budget, Index Code 290201-670. J" 94- 229