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HomeMy WebLinkAboutMO #2538MUNICIPAL ORDER NO. 2538 A MUNICIPAL ORDER APPROVING A FLEET MAINTENANCE, MOTORIZED EQUIPMENT AND EMERGENCY APPARATUS SERVICE AGREEMENT WITH PAXTON PARK TO PROVIDE FLEET MAINTENANCE SERVICES AT HOURLY RATES AND AUTHORIZING THE EXECUTION OF ALL DOCUMENTS RELATED TO SAME WHEREAS, the City of Paducah wishes to enter into a Fleet Maintenance Service Agreement with Paxton Park for the City of Paducah Fleet Department to provide fleet services at hourly rates. KENTUCKY: NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, SECTION 1. That the Board of Commissioners hereby authorizes the Mayor to execute the City of Paducah Fleet Maintenance, Motorized Equipment and Emergency Apparatus Service Agreement (hereinafter the "Agreement") with the Paxton Park in substantially the form attached hereto and made part hereof (Exhibit A). SECTION 2. That the hourly labor rates are as follows: Shop Hourly Labor Rate Heavy Truck $95 per hour Heavy Equipment $95 per hour Passenger Vehicle $85 per hour Light Truck $85 per hour Small Engine $75 per hour SECTION 3. That the initial term of the Agreement shall be for a period of one (1) year. Such term shall automatically renew at the end of the Initial Term and any subsequent terms thereafter for an additional one (1) year unless either party terminates the Agreement upon sixty days written notice in accordance with Paragraph 7 of the Agreement. In addition, the City of Paducah may terminate the Agreement with cause upon a thirty -day written notice for non- payment of fees. SECTION 4. This Order shall be in full force and effect from and after the date of its adoption. George Bray, Mayor ATTEST: indsay Pais , City Clerk Adopted by the Board of Commissioners, January 25, 2022 Recorded by Lindsay Parish, City Clerk, January 25, 2022 mo/agree-fleet maintenance services —Paxton Park 2022 EXHIBIT "A" CITY OF PADUCAH FLEET MAINTENANCE, MOTORIZED EQUIPMENT, AND EMERGENCY APPARATUS SERVICE AGREEMENT This Fleet Maintenance, Motorized Equipment and Emergency Apparatus Service Agreement (hereinafter "Agreement") is made and entered into by and between the City of Paducah, Kentucky, a municipal corporation, (hereinafter "Paducah") and Paxton Park (hereinafter "Customer"). 1. SERVICES. Paducah agrees to provide all professional labor, materials, equipment, and operations necessary for scheduled maintenance, upkeep, repair and preventive maintenance, pursuant to the Fee Schedule attached hereto. The Fee Schedule will be updated on January 1" of each applicable year. 2. HOURS OF OPERATION. Normal operations are Monday through Friday from 6:30 a.m. until 3:00 p.m., with the exception of holidays. Repairs made outside regular operating hours will be performed at one and one-half times the regular hourly fee. 3. WARRANTY OF WORKMANSHIP. Paducah will warrant its workmanship on repairs for a period of 30 days following completion of work. 4. TOWING. Customer will be responsible for towing any vehicles to the Department. 5. WORK AUTHORIZATION. Paducah is authorized to perform work on any equipment in which the fee is less than $1,000. Any service or repair exceeding $1,000 shall require prior written authorization from Customer's authorized representative. 6. TERM. This Agreement shall become effective on the date signed and be in effect for one year. Thereafter, the Agreement shall automatically renew unless terminated as specified in Paragraph 7. 7. TERMINATION. Either Party shall have the right to terminate this Agreement without cause upon sixty (60) days' written notice to the other Party. Paducah may terminate this Agreement with cause upon thirty (30) days' written notice for non-payment of fees. 8. PAYMENT. Paducah shall send monthly invoices to Customer with a due date of thirty (30) days. After sixty (60) days of non-payment, this Agreement shall be subject to Termination for Cause. 9. AUTHORIZED REPRESENTATIVE. Customer's authorized representative is Danny Mullen. 10. INSURANCE. Customer shall maintain general and auto liability insurance with a single combined liability limit of not less than $1,000,000 for claims arising out of and in connection with the provision of service by Paducah under this Agreement. Customer hereby waives any claim against Paducah for any physical damage to its vehicle(s) while in Paducah's custody and control. 11. INDEMNIFICATION. Customer shall indemnify, hold harmless, and defend Paducah from and against any and all claims resulting or arising from Paducah's performance, or failure to perform, under this Agreement. CITY OF PADUCAH CUSTOMER By: _ Title: Date: Mayor By: _ Title: Date: