VEHICLES, EQUIPMENT AND TRUCKS, EXCLUDING FIRE TRUCKS & EMS VEHICLES,
AT ATLANTIC HIGHLANDS / HIGHLANDS FACILITY
THIS AGREEMENT made this _____day of May, 2012, by and between:
THE BOROUGH OF ATLANTIC HIGHLANDS (hereinafter referred to as Atlantic Highlands); and
THE BOROUGH OF HIGHLANDS (hereinafter referred to as Highlands); and
W I T N E S S E T H WHEREAS,Highlands wishes to enter into an Interlocal Service Agreement with Atlantic Highlands for services to be provided by Atlantic Highlands Public Works – Fleet Maintenance Department in the form of routine repair and maintenance of Highlands’ vehicles, equipment and trucks including general maintenance issues on ambulances, excluding fire trucks; and
WHEREAS,Atlantic Highlands Public Works – Fleet Maintenance Department has the facility and capability to perform routine maintenance on Highlands vehicles, equipment, trucks and ambulances (excluding fire trucks); and
WHEREAS,the “Uniform Shared Services and Consolidation Act”, N.J.S.A. 40A:65-1, et seq., allows a local unit to enter into an agreement with any other local unit or units to provide or receive any service that each local unit participating in this agreement is empowered to provide or receive within its own jurisdiction, including services incidental to the primary purposes of any of the participating local units; and
NOW THEREFORE, in consideration of the mutual promises and covenants herein contained, the parties agree as follows:
Nature and Extent of Services:Atlantic Highlands, under the auspices of its Public Works – Fleet Maintenance Department, will provide routine vehicle maintenance services to Highlands’ vehicles, equipment, trucks and ambulances excluding fire trucks.
Consideration: In consideration for the services to be rendered by Atlantic Highlands to Highlands and to participate in this Shared Service Agreement between Atlantic Highlands and Highlands there will be the payment of $50.00 (Fifty Dollars) per hour for each hour that the Atlantic Highlands Public Works – Fleet Maintenance personnel travel to and from and to work on Highlands’ vehicles and equipment. The costs of any parts needed for the work that is to be performed on Highlands’ vehicles and equipment will be billed and/or charged to accounts that shall be set up by Highlands and shall be paid by the Borough of Highlands directly to the vendor.
It is understood between Highlands and Atlantic Highlands that the routine maintenance will be scheduled during regular business hours (Monday through Friday, 7:30 a.m. and 4:30 p.m. except legal holidays) between the Department Heads of the Borough of Highlands and the Department Head of the Atlantic Highlands Public Works – Fleet Maintenance; and that the maintenance will be completed within a reasonable time after the vehicle or equipment is picked up and/or delivered to Atlantic Highlands for maintenance. Any call out after regular business hours will be billed at a 2 hour minimum at an overtime rate ($75.00 per hour). Highlands will pay directly to Atlantic Highlands the fees that are due based upon the number of hours the Atlantic Highlandspersonnel work on Highlands’ vehicles and equipment.
Atlantic Highlands shall provide a bill for Highlands’ monthly fees on a monthly basis and Highlands agrees to pay the bill within thirty (30) days after submission of the bill and invoice.
Duration of Contract: This Agreement shall remain in place unless modified by resolution by the Governing Body of Highlands and/or Atlantic Highlands and confirmed in a written amendment signed by the Mayor of each Borough. Either party reserves the right to terminate the agreement at any time if payment for services rendered is not made or if the services are no rendered, or the time within which the services are rendered is unreasonable. This agreement will go into effect on January 1, 2011 and shall continue on as indicated herein, subject to the aforesaid provisions of termination.
Dispute of Payment: As provided in the Uniform Shared Services and Consolidation Act, P.L. 2007, c. 63 at N.J. S.A. 40A:65-8 (g), in the event of any dispute as to the amount to be paid under the terms of this Agreement, the full amount to be paid in accordance with Section 2 shall be paid without prejudice to the disputing Parties. If through subsequent negotiation, mediation, litigation, or settlement, the amount due shall be determined, agreed to or adjudicated to be less than what was actually so paid, Highlands shall promptly be repaid the excess.
Agency Relationship: It is hereby acknowledged that the Atlantic Highlands Public Works – Fleet Maintenance Department and all personnel within the Department who are performing services under this agreement are doing so as a general agent for Highlands and shall have all powers and performance reasonably necessary and convenient to carry out the duties, obligations and responsibilities under the agreement and allowable by Law.
Enactment Procedure: Highlands and Atlantic Highlands hereby acknowledge that prior to execution of this agreement; the respective municipal bodies shall authorize such execution through and by the procedures and standards in the adoption of ordinances and/or resolutions set forth more fully under the uniform Shared Services and Consolidation Act, P.L. 2007, c. 63 at N.J.S.A. 40A:65-5(a).
Insurance: The Parties will keep in force, at their respective sole expense, comprehensive general liability insurance with insurance companies licensed in the State of New Jersey or with Monmouth County or the Joint Insurance Fund, which insurance shall be evidenced by certificates and/or policies to be exchanged by both Parties.
Each certificate or policy shall require a thirty (30) day cancellation notice.
Certificates of insurance shall be delivered to each party, prior to the commencement of this Agreement. All policies and certificates of insurance shall be approved by each of the parties prior to the implementation of this Agreement.
Entire Agreement: This Agreement sets forth the entire understanding of the parties hereto with respect to the transactions contemplated herein. No change or modification of this Agreement shall be valid unless same shall be in writing and signed by all the Parties hereto.
Termination: This agreement may be terminated at any time by either Party, with or without cause, by at least 90 days prior written notice to the other Party.
Filing: In accordance with N.J.S.A. 40A:65-4(b), a copy of this Agreement shall be filed with the Division of Local Government Services in the Department of Community Affairs.
Good Faith Covenant: The Parties agree that they will cooperate with each other in all respects in furtherance of achieving the purposes and objectives of this Agreement.
Notices: All notices, statements, or other documents required by this Agreement shall be hand-delivered or mailed to the designated municipal representative.
The designated municipal representative for Highlands in:
Borough of Highlands
171 Bay Avenue
Highlands, NJ 07732
The designated municipal representative for Atlantic Highlands is:
Borough of Atlantic Highlands
100 First Avenue
Atlantic Highlands, NJ 07716
IN WITNESS WHEREOF, the Parties have caused the Agreement to be signed by their respective officers duly authorized, and have caused this Agreement to be dated as of the day and year written above.