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Item O12 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: January 28. 2009 Rescue Division: _County Attorney's Office on Behalf of Fire Bulk Item: Yes --X- No Department: Staff Contact PersonfPhone #:_Suzanne Hutton x 3473 AGENDA ITEM WORDING: Approval of assignment of Certificate of Destruction to Florida Keys Towing, and authorization for County Administrator to execute the assignment. ITEM BACKGROUND: Fire Rescue prepared paperwork & submitted to the Property Clerk to dispose of Fire Engine 26 (VIN IFV6LCB3PL476133). The BOCC approved removal from inventory & disposal 12/19/2007. Fire Rescue had the vehicle towed with direction to Florida Keys Towing that it was for destruction. The towing company then sold it to Firehouse 66, a Georgia company, which refurbished it and sold it to a fire rescue agency in Iowa instead of using its parts to refurbish another fire engine. At no time in this process did the County sign over the certificate of destruction to anybody. S. 713.78(11), F.S., provides for the certificate of destruction to accompany the vehicle as it exchanges hands. The County, only being in privity with the towing company, should have previously assigned the certificate of destruction to the towing company, which should have assigned same to the company to which the fire engine was transferred. PREVIOUS RELEVANT HOCC ACTION: 12/19/07 approval of removal from inventory & disposal. CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval TOTAL COST: o INDIRECT COST: 0 BUDGETED: Yes __No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes AMOUNTPERMONTH_ Year No APPROVED BY: County Atty --X- OMB/Purchasing _ Risk Management_ DOCUMENTATION: Included Not Required_ DISPOSITION: AGENDA ITEM # Revised 1/09 r~'~"'-"""-' OK'!~ErY ~O~~~~E (305) 294-4641 Suzanne A. Hutton, County Attorney** Robert B. Shillinger, Chief Assistant County Attorney ** Pedro J. Mercado, Assistant County Attorney Susan M. Grimsley, Assistant County Attorney *" Natileene W. Cassel, Assistant County Attorney Cynthia L. Hall, Assistant County Attorney Christine Limbert-Barrows, Assistant County Attorney Derek V. Howard, Assistant County Attorney ** Board Certified in City, County & Local Gov!. Law January 9, 2009 Ty Hubbard Firehouse 66, Inc. Rte. 2, Box 301 Townsend, Ga. 31331 RE: Fire Engine VIN IFV6JLCB3PL476133 Dear Mr. Hubbard: BOARD OF COUNTY COMMISSiONERS Mayor George Neugent, District 2 Mayor Pro Tem Sylvia J. Murphy, District 5 Kim Wigington, District 1 Heather Carruthers, District 3 Mario Di Gennaro, District 4 Office ofthe County Attorney 1111121h Street, Suite 408 Key West, FL 33040 (305) 292.3470 - Phone (305) 292-3516 - Fax I have ascertained that the only thing the County can do at this point in time is to assign the certificate of destruction to the towing company, which is the only entity with which the county has been in privity in this matter. The County Commission meets on January 28, 2009, and I have to obtain authorization for the certificate to be executed at that time. I have relayed this information to your attorney, Mr. Nelson, as well as stated I would speak with the tow company operator about assigning that certificate of destruction to you when he receives it. I have had that conversation with Mr. Pruitt and explained that it will be some time in February when the certificate is actually executed and delivered to him. Cc: Wm. Pruitt