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Res No. 135-18 RESOLUTION NO. 135-18 A RESOLUTION OF THE CITY OF DELRAY BEACH, FLORIDA APPROVING AN AGREEMENT WITH BODY SHOP BY MIKE & JOE, INC. FOR FLEET REPAIR AND PAINTING SERVICES;AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND TAKE ALL ACTIONS NECESSARY TO EFFECTUATE THIS AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City of Delray Beach ("City")is authorized to enter into agreements to provide services,programming and products in accordance with its Charter; and WHEREAS,the City requires fleet repair and painting services for the purpose of fixing damaged City vehicles;and WHEREAS,the City desires to enter into an agreement with Body Shop by Mike&Joe,Inc.;and WHEREAS,the City Commission deems approval of this resolution to be in the best interest of the health, safety, and welfare of the residents and citizens of the City of Delray Beach and the public at large. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,AS FOLLOWS: Section 1. The foregoing recitals are hereby affirmed and ratified. Section 2. The City Commission of the City of Delray Beach has reviewed and hereby approves this Agreement between the City and Body Shop by Mike &Joe, Inc., attached hereto and incorporated herein as "Exhibit A." Section 3. The City Commission authorizes the City Manager to execute the Agreement and any amendments and/or renewals thereto, and take any other actions necessary to effectuate this Agreement. Section 4. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED in regular session on the day ofg,,,4m ,2018. hellPetro ATTEREST ,� /,; .....�.....� y Mayor Katerri Johnson, ty Clerk Approved as to.form and legal sufficiency: Lynn Gelin,l* „City Attorney 2 City of Delray Beach RFQ No.2018-053 Agreement for Fleet Repair&Painting Services Exhibit A to Resolution No.135-18 AGREEMENT THIS AGREEMENT is made and entered into on this < qday of 201 ° ("Effective Date"), by and between the City of Delray Beach, a Florida municipal corporation ("City"), whose address is 100 N.W. 1ST Avenue, Delray Beach, Florida 33444, and Body Shop by Mike &Joe, Inc., a Florida corporation (hereafter referred to as "Contractor"), whose address is 782 S.W. 17th Avenue, Delray Beach, Florida 33444. WHEREAS, the City desires to retain the services of the Contractor to provide services in accordance with the City's Request for Qualifications No. 2018-053, and the Contractor's response thereto, all of which are incorporated herein by reference. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Contractor and the City agree as follows: ARTICLE 1. INCORPORATION OF REQUEST FOR QUALIFICATIONS The terms and conditions of this Agreement shall include and incorporate the terms, conditions, and specifications set forth in the City's Request for Qualifications No. 2018-053, and the Contractor's response thereto,including all documentation required thereunder. ARTICLE 2. DESCRIPTION OF GOODS OR SCOPE OF SERVICES The Contractor shall provide the goods and/or perform those services identified in the specifications accompanying the City's solicitation,which are incorporated herein by reference. ARTICLE 3. COMPENSATION The City shall pay the Contractor in compliance with and accordance to the terms and specifications of the referenced solicitation. ARTICLE 4. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: i. As to the City: City of Delray Beach 100 NW 1St Street Delray Beach, Florida 33444 Attn: City Manager Email: LauzierM@mydelraybeach.com ii. with a copy to: City of Delray Beach 200 NW 1"Street Delray Beach, Florida 33444 Attn: City Attorney Email: LohmanM@mydelraybeach.com Page ( 1 City of Delray Beach RFQ No.2018-053 Agreement for Fleet Repair&Painting Services Exhibit A to Resolution No.135-18 iii. As to the Contractor: Body Shop by Mike&Joe, Inc. 782 SW 17th Avenue Delray Beach, Florida 33444 Attn.: Michael McKisic, President Email: CruisersMotor@bellsouth.net b. HeadinEs. The headings contained in this Agreement are for convenience of reference only, and shall not limit or otherwise affect in anyway the meaning or interpretation of this Agreement. C. Effective Date. The effective date of this Agreement shall be as of the date it has been executed by both the parties hereto. ARTICLE 5. CONTRACT TERM This Agreement term shall commence upon the Effective Date and shall remain in effect for three years, unless terminated earlier or renewed in accordance with terms set forth in the ITB. Upon mutual agreement of City and Contractor,this Agreement may be renewed for up to an additional three years. (The remainder of this page is intentionally left blank) Page 12 i City of Delray Beach RFQ No.2018-053 Agreement for Fleet Repair&Painting Services Exhibit A to Resolution No.135-18 IN WITNESS WHEREOF,the parties have executed this Agreement on the dates hereinafter written. CITY OF DELRAY BEACH, FLORIDA (SEAL]. By: ok� Mark R. Lauzier,City Ma ger ATTEST: By: Katerri Johns ,City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: R: an, City Attorney .. CONTRACTOR � 1 [SEAL] By; Printed Name a Title 44 STATE OF COUNTY OF A4T e,foregoing instr ent was acknowledged before name a officer r agent,L day tit��of officer or agent),g ), of (name of corporation acknowledging), a (state or place of incorporation co oration on beh If of the corporation. He/She is personally known to me or has produced (type of identification)as identification. :MARISARODRIGUEZ ' �e Commission#GG 012227 ar = P Expires November 15,202:800-38]5-7019 Notary Public—S to of I- Bonded Thru Troy Fain Insuranc Page 13