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Reso 2021-3179
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Reso 2021-3179
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Last modified
11/20/2021 2:43:16 PM
Creation date
6/21/2021 12:12:22 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2021-3179
Date (mm/dd/yyyy)
03/18/2021
Description
Fourth Amend w/Hialeah for maintenance, repair, and storage svcs for City's shuttle buses
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C. Availability of Funds. Upon approval of this Agreement, SIB represents that it <br />has funds appropriated and available to pay all amounts due for the services . <br />® performed by Hialeah under this Agreement through the end of SIB's current <br />fiscal year. SIB's performance and obligation to pay under this Agreement is <br />contingent upon an annual appropriation for its purpose by the SIB Commission. <br />In the event SIB does not appropriate funds for the Services provided under this <br />Agreement in each succeeding fiscal year,during the term of the Agreement, SIB <br />may terminate this Agreement upon thirty days' written notice to Hialeah of its <br />intent to terminate under this paragraph. Termination shall be effective as of the <br />last day of the fiscal year for which SIB appropriated funds for services under this <br />Agreement. <br />d. Final Invoice. In order for both parties herein to close their books and records, <br />Hialeah will clearly state "final invoice" on their final/last billing to SIB. This <br />certifies that all services .have been properly performed and all charges and costs <br />have been invoiced to SIB. <br />Hialeah shall make no other charges to SIB for supplies, labor, taxes, licenses, permits, overhead <br />or any other expenses or costs other than those charges specifically identified in Exhibit `B'' <br />unless any such expense or cost is incurred by Hialeah with the prior written approval of SIB. If <br />SIB disputes any charges on the invoices, it may make payment of the uncontested amounts and <br />withhold payment on the contested amounts until they are resolved by agreement with Hialeah. <br />Hialeah shall not pledge SIB's credit or make it a guarantor of payment or surety for any <br />contract, debt, obligation, judgment, lien, or any form of indebtedness. Hialeah further warrants <br />and represents that it has no obligation or indebtedness that would impair its ability to fulfill the <br />terms of this Agreement. <br />9. SIB'S PROGRAM MANAGER. SIB's primary point of contact under this Agreement <br />is Susan Simpson, Cultural and Community Services Director; City of Sunny Isles Beach, 18115 <br />North Bay Road, Sunny Isles Beach, Florida 33160, Tel: (305) 792-1701, Email: <br />ssimpson@sibfl.net <br />10. INSURANCE. During this Agreement, including the initial term, renewal(s) and <br />extensions, the Parties shall, at each Party's sole expense, maintain insurance coverage of such <br />types and with such terms and limits as may .be reasonably associated with the Agreement, <br />including but not limited to commercial general liability, premises liability, casualty, workers' <br />compensation and employers' liability insurance. A self-insurance program established and <br />operating under the laws of the State of Florida may provide such coverage. Providing and <br />maintaining adequate insurance coverage is a material obligation of each Party and failure to <br />maintain such coverage may void the Agreement <br />11. OWNERSHIP AND ACCESS TO RECORDS AND AUDITS: As municipal agencies <br />subject to the provisions of the Florida Public Records Law, the parties acknowledge their <br />obligation to the public under the law as it relates to any public record created as a result of their <br />respective performance of this Agreement. As such, the parties shall cooperate with each other <br />when responding to public records requests received by either party for records created as a <br />result of their respective performance of this Agreement. All records, books, documents, data, <br />® deliverables, papers and financial information (the "Records") that are created directly as a result <br />Interlocal Agreement — Bus Maintenance <br />
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