01/02/2003 to 01/01/2013 11/20/2002
Cleltl ollhe
Circul coun
Danny L. Kolhage
Office (305) 292-3550 Fax (305) 295-3663
Memnrandum
Date:
Dent Pierce, Director
Public Works Department
Isabel C. DeSantis. Deputy Cler~
Tuesday, December 10,2002
To:
From:
At the meeting of November 20, 2002, the Board approved the following:
Joint Use Fueling Facilities Agreement between Monroe County and the School
Board of Monroe County for joint use fuel facilities and combined bulk fuel purchasing.
Enclosed please find a fully executed duplicate original of the subject document
for your handling.
Should you have any questions concerning the above, please do not hesitate to
contact this office.
Copies: Finance
County Attorney
File ../
JOINT USE FUELING FACILITIES
Agreement made the last day below written, by and between the BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ("County"), 500
Whitehead Street, Key West, FL 33040, and the SCHOOL BOARD OF MONROE
COUNTY, FLORIDA, ("School Board"), as the contracting agent for the Monroe County
School District, whose address is 242 White Street, Key West, FL 33040.
WITNESSETH:
The County and the School Board hereby agree as follows:
1. Recitations
A. Chapter 163, Florida Statutes, known as the "Florida Interlocal
Cooperation Act of 1969" ("the Act"), specifically provides that its purpose is to
"permit local governmental units to make the most efficient use of their powers
by enabling them to cooperate with other localities on a basis of mutual advantage
and thereby to provide services and facilities in a manner and pursuant to forms of
governmental organization that will accord best with geographic, economic,
population, and other factors influencing the needs and development of local
communities." (Sec. 163.01(2), F.S.).
B. The Act further provides that "a public agency ofthis state may exercise
jointly with any other public agency of the state. . . any power, privilege, or
authority which such agencies share in common and which each might exercise
separately." (Sec. 161.01(4)).
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C. The Act's definition of "public agency" includes a county and a school
district. (Sec. 163.01(3) (b)).
D. The County and the School Board, pursuant to this Act, desire to enter into
this Interlocal Agreement ("the Agreement") for the purposes, and upon the terms
and conditions, described below, believing that this Agreement will allow each
agency to make more efficient use of facilities, personnel, and services necessary
to, common to, or available to each agency, and having a goal ofa more
economical and efficient use and savings of public funds.
2. Entire Agreement
It is hereby understood and agreed that this contract states the entire
agreement and that the parties are not bound by any stipulations, representations,
agreements, or promises, oral or otherwise, not printed in this Agreement.
3. Purpose of Agreement
The purpose of this Agreement is to define the respective duties and
obligations of the County and the School Board under this Agreement relative to
the provision of joint-use fueling sites throughout Monroe County that would
benefit both the school district and the County.
4. Method for Accomplishing Purpose
The basic method for accomplishing the purpose of this Agreement is for
the County to provide its available sites at the Plantation Key, Marathon, and Key
West Garages, and for the School Board to provide its available sites at the Key
Largo and Sugarloaf Schools and the Key West Administration Complex, such
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sites to be used jointly by the County and the School Board for fueling of their
vehicles.
5. Duration of Agreement
This Agreement shall be for an additional period often (10) years
commencing January 2,2003 and expiring on January L 2013.
6. Rescission or Termination of Agreement
This Agreement may be terminated by either the County or the School
Board by written notice to the other party at least sixty (60) days in advance of the
termination date.
7. Existing Fuel tanks. Facilities. and Related Computerized Equipment
A. The County and the School Board shall use the following existing fueling
facilities.
1. Plantation Key County Garage
2. Marathon County Garage
3. Key West County Garage
4. Key Largo School
5. Sugarloaf School
6. Key West Administration Complex (Trumbo Bus Garage)
8. Maintenance of Fuel Tanks and Related Computerized Equipment
The County and School Board agree that they shall each be responsible for
the maintenance of the fueling site under their immediate control. That is,
specifically, the County shall be responsible for the maintenance of its fueling
sites located at the Plantation Key, Marathon, and Key West County Garages, and
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the School Board shall be responsible for the maintenance of its fueling sites at
the Key Largo and Sugarloaf Schools and the Key West Administration Complex.
9. Acquisition of Gasoline and Diesel Fuel: Contracting Agent for Agencies
In order to assure that the County and the School Board obtain the most
favorable purchase price for the gasoline and diesel fuel, the County and School
Board agree to jointly bid and advertise (using the County's format policies and
procedures) for the purchase and acquisition of same. Such a joint venture shall be
for advertisement and bid only.
However, County and School Board shall each act as their respective
contracting agency during the purchasing phase of the above described materials,
and as to receiving delivery of same from the designated contractor. By example,
while the County and School Board agree to jointly bid and advertise for the total
amount of required petroleum products and related materials necessary under this
agreement - applying the rationale that as such a "bloc" they will be able to
obtain the most competitive (ie. lowest) overall price - as to each agency's actual
purchasing of the bidded items, the County and School Board shall pay the
contractor separately and individually for the designated share of fuel and related
materials to be used by them, as reflected by the respective purchase requests
submitted to the contractor.
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10. Agency License for Use of Real Property
The County and School Board agree that each agency shall grant the other
a license for the use of the real property and its improvements for each joint use
fueling site.
11. Access to Fuel Tanks
The County and School board agree that authorized users of the fueling
sites designated in this Agreement shall have twenty-four (24) hour access to said
sites, and that they shall either be maintained open or access otherwise provided
to them by a uniform key system, on such a twenty-four (24) hour basis.
12. Billing and Billing Services
The County shall bill the School Board for fuel utilized by the School
Board at those fueling sites within the County's immediate control and as
previously set forth in this Agreement. Said billing by the County to the School
Board shall include an annually adjusted and agreed upon administrative
surcharge for processing, servicing, and handling by the office of the Clerk of the
Court, Monroe County, Florida.
Conversely, the School Board shall bill the County for fuel utilized by the
County at those fueling sites within the School Board's immediate control and as
previously set forth in this Agreement. Said billing shall include an annually
adjusted and agreed upon administrative surcharge for processing, servicing and
handling by the office of the Monroe County School Board. It is furthermore
agreed, however, that the School Board shall bill the following entities for fueling
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and other related services and materials utilized by said entities, separately from
its billings for same to Monroe County:
A. All vehicles belonging to the Monroe County Sheriff's
Department.
B. All official vehicles used by the designated constitutional officials
of Monroe County as part ofthe scope and ordinary course of their
business.
C. All vehicles belonging to participating State of Florida agencies;
Florida Highway Patrol, Florida Marine Patrol, Monroe County
Health Dept., Guidance Clinic ofthe Middle Keys, etc.
For purposes of uniformity, the County and the School Board shall both
utilize the Trak Engineering, Inc. Automated Fuel Management System (Fuel
Sentry) in order to facilitate the cross-billing process and for the purpose of
controlling, accounting, and securing fueling services at all fueling sites falling
under the terms and conditions of this Agreement, on a twenty-four (24) hours per
day, seven (7) days per week basis.
Access to the above Fuel Sentry system, shall be provided by an electronic
memory key, which shall be issued by the County and School Board to all
authorized designated users ofthe fueling sites, and as contemplated by this
Agreement.
The County and School Board shall bill each other for the site fueling
services and materials previously set forth herein, on a regular monthly basis. All
the parties to this Agreement agree to mutually cooperate with each other in
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exchanging the necessary data and information which shall insure such an
efficient, accurate, and regular monthly billing schedule.
13. Acceptance of Gifts. Grants. Assistance Funds or Bequests
Both the County and the School Board agree that either shall be, and is,
empowered to accept for the benefit of either or both of the gifts, grants,
assistance funds, or bequests to be used for related purposes at the fueling sites
affected by this Agreement.
14. Claims for Federal or State Aid
Both the County and the School Board agree that either shall be, and is,
empowered, to apply for, seeks, and obtain federal and state funds to further the
purpose ofthis Agreement; provided that all applications, requests, grant
proposals, and funding solicitations shall be approved by the other party prior to
submission.
15. Adjudication of Disputes or Disagreements
The County and the School Board agree that all disputes and
disagreements shall be attempted to be resolved by meet and confer sessions
between representatives of the County and of the School Board. If no resolution
can be agreed upon within thirty (30) days after the first meet and confer session,
the issue or issues shall be discussed at a joint public meeting of both the Board of
County Commissioners and the School Board. If the issue or issues are still
unresolved to the mutual satisfaction ofthe Board of County Commissioners and
the School Board, then either party shall have the right to proceed as is
contemplated in Paragraph 22 of this Agreement, below.
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16. Failure of Agency to Pay share of Costs and Expenses: Rights of Other Agencies
In the event that either the County or the School Board shall fail to pay its
respective share of costs and expenses associated with this Agreement and as
provided for herein, the other party shall have the right to (1) seek payment
through the avenues available pursuant to Paragraph 15 and 21 of this Agreement,
or (2) declare this Agreement null and void and immediately terminate the
Agreement by filing a Declaration of Termination in the Public Records of
Monroe County, Florida.
17. Liability Coverage: Insurance: Hold Harmless. Indemnity
Both the County and the School Board agree that each will obtain general
liability, property damage, and medical payment insurance coverage through
either self insurance, commercial insurance, or a combination of both, in such
limits as the County and the School Board shall determine appropriate.
Additionally, the County and the School Board each represent to the other that it
carries suitable public liability and property damage insurance, or is self-insured,
in the amounts adequate to cover any claim arising out of its respective use of the
fueling site facilities and will continue to carry such insurance or remain self-
insured during the entire term of this Agreement. Each party will be responsible
for any acts of negligence on the part of its agents or employees. Each party will
hold the other party harmless from all claims arising out of its respective use, and
each party shall have a duty to defend all claims arising out of its respective use of
the fueling site facilities. As part of each's responsibility, the School Board shall
indemnify and hold harmless the County from and against all expenses, liabilities,
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and claims of every kind, including reasonable counsel fees, by or on behalf of
any person or entity arising out of either (1) a failure by the School Board to
perform any ofthe terms or conditions ofthis Agreement, (2) any injury or
damage happening on or about the facilities during periods when the School
Board is utilizing the facilities, (3) failure to comply with any law of any
governmental authority, or (4) any mechanic's lien or security interest filed
against the County or the facilities; and the County shall indemnify and hold
harmless the School Board from and against all expenses, liabilities, by or on
behalf of any person or entity arising out of either (1) a failure by the County to
perform any of the terms or conditions ofthis Agreement, (2) any injury or
damage happening on or about the facilities during periods when the County is
utilizing the facilities, (3) failure to comply with any law of any governmental
authority, or (4) any mechanic's lien or security interest filed against the School
Board or the facilities.
18. Nondiscrimination
The County and the School Board agree to comply with all Federal
statutes, as applicable, relating to nondiscrimination. These include but are not
limited to:
A. Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which
prohibits discrimination on the basis of race, color, or national
ongm.
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B. Title IX of the Education Amendment of 1972, as amended (20
US.c. ss. 1681-1683, and 1685-1686), which prohibits
discrimination on the basis of sex.
C. Section 504 of the Rehabilitation Act of 1973, as amended (20
US.c.s. 794), which prohibits discrimination on the basis of
handicaps.
D. The Age Discrimination Act of 1975, as amended (42 US.c. ss.
6101-6107), which prohibits discrimination on the basis of age.
E. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255),
as amended, relating to nondiscrimination on the basis of drug
abuse.
F. The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act Of 1970 (P.L. 91-616), as
amended, relating to nondiscrimination on the basis of alcohol
abuse or alcoholism.
G. The Public Health Service Act of 1912, ss. 523 and 527, (42
US.c. 290 dd-3 and 290 ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patient records.
H. Title VIII of the Civil Rights Act of 1968 (42 US.c.s. 3601 et
seq.), as amended, relating to nondiscrimination in the sale, rental,
or financing of housing.
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I. The Americans with Disabilities Act of 1990 (42 U.S.c.s. 1201
Note), as may be amended from time to time, relating to non-
discrimination on the basis of disability.
1. Any other nondiscrimination provisions in any Federal or state
statutes, which may apply to the parties to, or the subject matter of,
this Agreement.
19. Public Entity Crime
The County and the School Board agree that each is in compliance with
Section 287.133, Florida Statutes, and have executed and filed with each other its
sworn statement on the form provided by the School Board simultaneously or
prior to its execution of this Agreement. County and School Board agree that
they, through their agents, are aware of the provisions of Section 287.133, Florida
Statutes. (This provision may not be applicable to the County and School Board,
and if not, it is recited herein for informational purposes.)
20. Cooperation
The County and School Board agree to participate, to the extent required
by the other party, in all proceedings, hearing, processes, meetings, and other
activities related to the provision of the services and materials under this
Agreement in the event any administrative or legal proceeding is instituted against
the other party relating to the formation, execution, performance, or breach of this
Agreement.
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21. Venue. Interpretation. Costs. and Fees
In the event that any cause of action or administrative proceeding is
instituted for the enforcement or interpretation of this Agreement, the County and
School Board agree that venue wi1llie in the appropriate court or before the
appropriate administrative body in Monroe County, Florida. The County and the
School Board further agree that, in the event of conflicting interpretations of the
terms or a term of this Agreement between the County and the School Board, the
issue shall be submitted to mediation prior to the institution of any other
administrative or legal proceedings. Additionally, the County and School Board
agree that in the event any cause of action or administrative proceeding is initiated
by or defended by any party relative to the enforcement or interpretation of this
Agreement, the prevailing party shall be entitled to reasonable attorney's fees,
court costs, investigative, and out-of-pocket expenses, as an award against the
non-prevailing party. Mediation proceedings initiated and conducted pursuant to
this Agreement shall be in accordance with the Florida Rules of Civil Procedure
and the usual and customary procedures required by the Circuit Court of Monroe
County, Florida.
22. Books. Records. and Documents
The County and the School Board shall maintain books, records, and
documents directly pertinent to performance under this Agreement in accordance
with generally accepted accounting principles consistently applied. Each party to
this Agreement or their authorized representative(s) shall have reasonable and
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timely access to such records of each other party to this Agreement for audit
purposes during the term ofthe Agreement and for three (3) years following the
termination of this Agreement.
23. Covenant of No Interest
The County and the School Board covenant that neither party presently
has any interest, and shall not acquire any interest, which would conflict in any
manner or degree with its performance under this Agreement, and that each's only
interest is to perform and receive benefits as recited in this Agreement.
24. Code of Ethics
The County and the School Board agree that each agency's respective
officers and employees recognize and will be required to comply with the
standards of conduct for public officers and employees as delineated in Section
112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance
of gifts; doing business with one's agency; unauthorized compensation; misuse of
public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
25. No Solicitation / Payment
The County and the School Board warrant that neither has employed or
retained any company or person, other than a bona fide employee working solely
for County or School Board to solicit or secure this Agreement and that neither
the County nor School Board have paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working solely
for the County or School Board, any fee, commission, percentage, gift, or other
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consideration contingent upon or resulting from the award or making of this
Agreement. For the breach or violation of this provision, the County and School
Board agree that the non-breaching agency shall have the right to terminate this
Agreement without liability and, at its discretion, to offset from monies owed, or
otherwise recover, the full amount of such fee, commission, percentage, gift, or
consideration.
26. Public Access
The County and the School Board shall allow and permit reasonable access to,
and inspection of, all documents, papers, letters, or other material subject to the
provision of Chapter 119, Florida Statutes, and made or received by the County or
the School board in conjunction with this Agreement; and the non-violating
agency shall have the right to unilaterally cancel this Agreement upon violation of
this provision by the violating agency.
27. Management / Notices
The County's Project Manager under this Agreement is Roy Sanchez,
telephone number; 305-292-3572, address; 3583 S. Roosevelt Blvd., Key West, Fl
33040. The School Board's Project Manager is Randy Acevedo, telephone
number 305-293-1400, address 241 Trumbo Rd., Key West, F133040. Any notice
or other written communication, except invoices, between the agencies shall be
considered delivered when posted by Certified Mail, Return Receipt Requested;
delivered in person to the Project Manager; or upon confirmed electronic receipt
by te1ecopies / telefacsimile. Respective mailings shall be addressed to the Project
Manager at the address listed in the preamble above.r
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28. Severability
In the event one or more provisions of this Agreement are declared invalid
by a court of competent jurisdiction, the balance of this Agreement shall remain in
full force and effect.
29. Non-Waiver ofImmunity
Notwithstanding the provisions of Section 286.28, Florida Statutes, the
participation of the County and the School board in this Agreement and the
acquisition of any commercial liability insurance coverage, self-insurance
coverage, or local government liability insurance pool coverage shall not be
deemed a waiver of immunity to the extent of liability coverage, nor shall any
contract entered into by the County and the School Board be required to contain
any provision for waiver.
30. Privileges and Immunities
All of the privileges and immunities from liability; exemptions from laws,
ordinances and rules, pensions and relief, disability, workers' compensation, and
other benefits which apply to the activity of officers, agents, or employees of any
public agents or employees ofthe County and the School Board when performing
their respective functions within the territorial limits for their respective agencies
shall apply to the same degree and extent to the performance of such functions
and duties of such officers, agents or employees extraterritorially under this
Agreement.
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31. Legal Obligations and Responsibilities: Non-Delegation of Constitutional or
Statutory Duties
This Agreement is not intended to, nor shall it be construed as, relieving
any participating agency from any obligation or responsibility imposed upon the
agency by law except to the extent of actual and timely performance thereof by
any other participating agency, in which case the performance may be offered in
satisfaction ofthe obligation or responsibility. Further, this Agreement is not
intended to, nor shall it be construed as, authorizing the delegation of the
constitutional or statutory duties of the participating agencies, except to the extent
permitted by the Florida Constitution, State Statutes, case law, and specially, the
provisions of Chapter 163, Florida Statutes.
32. Effective Date
This Agreement, and any subsequent amendments, shall become effective upon
filing with the Clerk of the Circuit Court of Monroe County, Florida.
33. Non-Reliance by Non-Parties
No person or entity shall be entitled to rely upon the terms, or any of them
of this Agreement to enforce or attempt to enforce any third-party claim or
entitlement to or benefit of any service or program contemplated hereunder, and
the County and the School Board agree that neither the County nor the School
Board or any agent, officer, or employee of either shall have the authority to
inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement
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separate and apart, inferior to, or superior to the community in general or for the
purposes contemplated in this Agreement.
IN WITNESS WHEREOF, the Board of County Commissioners of Monroe
County, Florida, pursuant to a motion duly made, seconded, and passed in regular
and open session and by and through its Mayor and Clerk; and the School Board,
pursuant to a motion duly made, seconded, and passed in regular and open session
and by and through its Chairman and Superintendent, have affixed their respective
/("-~c~~epresentative hands and seals on the dates indicated.
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Date: NoveYl\..w-- ~ I '-yf)cJ-V
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(SEAL)
ATTEST:
Date: 0 teA Q1)/)
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By ~
4r/Chairman
SCHOOL BOARD OF MONROE
COUNTY, FLORIDA
By
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Dr. Debta Walker, Chairman
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