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HomeMy WebLinkAboutA3102 - CATHEDRAL CITY VEHICLE MAINTENANCE MO4996 I • Cathedral City Vehicle Maintenance Agr. AGREEMENT #3102 M04996, 5-6-92 AGREEMENT FOR VEHICLE FLEET MAINTENANCE SERVICES THIS AGREEMENT FOR VEHICLE FLEET MAINTENANCE SERVICES ( "AGREEMENT" ) is made and entered into this 7th day of May 1 1992 , by and between the CITY OF PALM SPRINGS ( "CITY" ) and the CITY OF CATHEDRAL CITY, CALIFORNIA, ( "CATHE- DRAL CITY" ) . RECITALS A. CITY owns and operates a City Yard in the City of Palm Springs , which includes a full-service vehicle maint- enance and repair facility ( "MAINTENANCE FACILITY" ) . B. CATHEDRAL CITY desires to contract with CITY ,.and CITY desires to contract with CATHEDRAL CITY for CITY to provide CATHEDRAL CITY VEHICLES with maintenance services at the MAINTENANCE FACILITY. AGREEMENT CITY AND CATHEDRAL CITY agree as follows : CITY shall provide and CATIEDRAL CITY shall purchase maintenance services for CATHEDRAL CITY VEHICLES, pursuant to the following terms and conditions : 1 . 0 MAINTENANCE SERVICES. 1 . 1 Provision of Maintenance Services . CITY shall provide maintenance services to CATHEDRAL CITY at CITY' S MAINTENANCE FACILITY, together with road services in the area. 1 . 2 Scope of Maintenance Services . CITY shall provide maintenance services as set forth on the attached Exhibit "A" , which is incorporated into this Agreement by this reference. CITY anticipates reviewing and adjusting its labor rates annually. CITY expressly reserves the right in CITY' s sole discretion to change the scope of maintenance services provided or the cost of providing those services , to be effective upon thirty ( 30 ) days written notice. 1 . 3 Schedule of Routine Maintenance Services . Concurrently with the execution of this Agreement and on or before the 15th day of May of each succeeding year, CATHEDRAL CITY shall provide to CITY a schedule of CATHEDRAL CITY VEHICLES and the estimated dates and nature of routine maintenance services to be provided for those vehicles. CITY will coordinate CATHEDRAL CITY' s schedule with the schedule of CITY and of any other users of CITY maintenance services . The final schedules will be completed by CITY in connection with its annual budget reiew process. 2 . 0 AVAILABILITY OF MAINTENANCE SERVICES 2 . 1 Maintenance. Facility Hours of Operation. The MAINTENANCE FACILITY is presently operated five ( 5 ) days per week, ten ( 10 ) hours per day, between 7 : 00 a.m. and 5: 00 p.m. , Monday through Friday. 2 . 2 Changes in Hours of Operation. CITY makes no representation that the MAINTENANCE FACILITY will continue to be operating at the schedules presently in effect. CITY expressly reserves the right to set any hours of operation for the MAINTENANCE FACILITY which CITY deems to be convenient for itself . 3 . 0 BILLING AND PAYMENT. 3 . 1 Billing. CITY shall prepare and present to CATHEDRAL CITY, on or before the loth day of each month that this Agreement is in effect, a bill and statement for maintenance services performed on CATHEDRAL CITY VEHICLES during the previous month. 3 . 2 Payment. CATHEDRAL CITY shall make full and complete payment of each bill on or before the last day of the following month. 4 . 0 GENERAL PROVISIONS. 4 . 1 Liability Insurance. During the entire term of this Agreement, each party agrees to procure and maintain public liability insurance at its sole expense or to - 2 - maintain sufficient reserves in any program of self-insurance to protect against loss from liability imposed by law for damage on account of bodily injury, including death, suffered or alleged to be suffered by any person or persons whosoever, resulting directly or indirectly from any act or activities of that party or any person acting for that party or under its control or direction, and also to protect against loss from liability imposed by law for damages to any property of any person caused directly or indirectly by or from acts or activities of that party or any person acting for or under that party' s control or direction. The public liability and property damage insurance shall also provide for and protect the other party against incurring any legal costs in defending claims for alleged loss . The public liability and property damage insurance shall be maintained in full force and effect throughout the term of this Agreement in the following minimum limits : Bodily Injury -- $ 500 , 000 each person $ 1 , 000 , 000 each occurence Property Damage- $ 500 , 000 each occurence $ 1 , 000 , 000 aggregate A combined single limit policy with aggregate limits in the amount of $ 1 , 000 , 000 will be considered equivalent to the required minimum limits. All insurance provided pursuant to this Agreement shall be primary insurance and shall name the other party as an additional insured. Each party agrees that provisions of this Paragraph as to maintenance of insurance shall not be construed as limiting in any way the extent to which a party may be held responsible for the payment of damages to persons or property resulting from its activities, or the activities of any person or persons for which that party is otherwise responsible. 4 . 2 Hold Harmless . Each party to this Agreement agrees , pursuant to Government Code Section 895 . 4, to defend, - 3 - and indemnify and hold harmless the other party, its officers , agents and employees , from and against any and all liability, damages, costs, losses, claims and expenses , however caused, resulting directly or indirectly from or connected with the indemnifying party' s performance of this Agreement. 4 . 3 Service of Notice. Any notice to a party to this Agreement shall be mailed, postage prepaid and with a return receipt, personally delivered or sent by telephone facsimile transmission, and addressed as follows: City of Cathedral City P.O. Box 5001 Cathedral City, CA 92235-5001 Attn: City Manager City of Palm Springs PO Box 2743 Palm Springs CA 92263-2743 Attn: Len Mills Fleet Operations Manager Telephone Facsimile Number : ( 619 ) 323-8238 . Notices shall be effective upon receipt. 4 . 4 Entire Agxeement; Amendment. This document contains the entire Agreement between the parties and shall not be changed in any way except by written amendment properly executed by the parties . 4 . 5 Termination of Agreement. This Agreement shall continue in full force and effect unless and until terminated by either party, with or without cause, upon thirty ( 30 ) days written notice. Dated: May 7 _, 1992 . CITY 0VCATHEDRAL CITY j '� /� y�At7rge„' ruppe7,l;�i Name: Bruce W. Liedstrand Fire Chief Title: City Manager 4 - ATTEST: By e_, .-'M �1l l �k ity c1 �n ` 1 APPROVED AS TO FORM: By (Cathedral City Counsel ) Dated: 1992 . CI OF PALM NGS By Name: Robert Parkins Title: City Manager ATTEST: BY ��-- -- \-- — ( '-City Clerk APPROVED AS TO FORM: y BYp City Attax"ney i/ .��Qe)- _ - 5 - SCOPE OF MAINTENANCE SERVICES Services Provided Preventive Maintenance $34 . 00 per hour Tire Work $32 . 00 per hour Major Repairs $42 . 00 per hour Minor Repairs $42 . 00 per hour Road Service $42 . 00 per hour Bar g0 Smog Checks $20 . 00 flat rate Emergency After Flours Call-ins $52 . 00 per hour EXHIBIT "A"