10/19/2011 to 10/18/2021 01/19/2012 DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
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DATE: January 24, 2012
TO: Dent Pierce, Director
Public Works Division
ATTN: Beth Leto, Assistant Director
Public Works Division
FROM: Isabel C. DeSantis, D.C.
At the January 19, 2012 Board of County Commissioner's meeting, the Board approved
the following:
Item C7 Interlocal Agreement with the Monroe County School Board for joint use of fuel
facilities and allow both parties to jointly bid and advertise for the purchase and acquisition of
unleaded gasoline and diesel fuels.
Enclosed please find a duplicate original of the above-mentioned for your handling.
Should you have any questions,please do not hesitate to contact this office.
cc: County Attorney
Finance
File
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JOINT USE FUELING FACILITIES
MONROE COUNTY
SCHOOL BOARD OF MONROE COUNTY
THIS AGREEMENT made and entered into by and between the Monroe County, a
political subdivision of the State of Florida, (hereafter "County"), whose address is 1100
Simonton Street, Key West, FL 33040, and the SCHOOL BOARD OF MONROE COUNTY,
FLORIDA, an independent constitutional office, (hereafter "School Board"), as the contracting
agent for the Monroe County School District, whose address is 241 Trumbo Road, Key West, FL
33040.
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WITNESSETH: ` =_
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The County and the School Board hereby agree as follows: • = CD
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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 of this 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
Inter-local 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 of a 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 Elementary School, Upper Keys
Transportation Complex, Sugarloaf School, and the Key West Administration Complex (Trumbo
Bus Garage), such 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 a period of ten (10) years commencing October 19th, 2011
and expiring on October 18`h, 2021.
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 Elementary School
5. Upper Keys Transportation Complex
6. Sugarloaf School
7. 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 the School Board shall be responsible for the
maintenance of its fueling sites at the Key Largo Elementary School, the Upper Keys
Transportation Complex, the Sugarloaf School, and the Key West Administration Complex
(Trumbo Bus Garage).
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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.
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.
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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 set by the
Board of County Commissioners of 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 set by the Monroe County School Board. It is
furthermore agreed, however, that the School Board shall bill the following entities for fueling
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.
All official vehicles used by the designated constitutional officials of Monroe County as part of
the scope and ordinary course of their business.
B. All vehicles belonging to participating State of Florida agencies; Florida Highway Patrol,
Florida Marine Patrol, Monroe County Health Dept., Guidance Clinic of the 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
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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 of the
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 exchanging the necessary data and
information which shall insure such an efficient, accurate, and regular monthly billing schedule.
13. Claims for Federal or State Aid
Both the County and the School Board agree that either shall be, and is, empowered, to
apply for, seek, and obtain federal and state funds to further the purpose of this Agreement;
provided that all applications, requests, grant proposals, and funding solicitations shall be
approved by the other party prior to submission.
14. 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 of the 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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15. 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.
16. 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.
The School Board, as a state agency or subdivision defined in Section 768.28, Florida
Statutes, agrees to be fully responsible to the limits set forth in such statute for its own negligent
acts or omissions, or intentional tortuous actions, which result in claims or suits against either the
County or the School Board, and agrees to be liable to the statutory limits for any damages
proximately caused by said acts or omissions, or intentional tortious acts.
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The County, as a political sub-division of the State of Florida, as defined in Section
768.28, Florida Statutes, agrees to be fully responsible to the limits set forth in such statute for its
own negligent acts or omissions, or intentional tortuous acts, which result in claims or suits
against either the School Board or the County, and agrees to be liable to the statutory limits for
any damages proximately caused by said acts or omissions, or intentional tortious acts.
Nothing contained in this Section shall be construed to be a waiver by either party of any
protections under sovereign immunity, Section 768.28 Florida Statutes, or any other similar
provision of law. Nothing contained herein shall be construed to be a consent by either party to
be sued by third parties in any matter arising out of this or any other Agreement.
17. Nondiscrimination
The County and the School Board agree that there will be no discrimination against any
person, and it is expressly understood that upon a determination by a court of competent
jurisdiction that discrimination has occurred, this Agreement automatically terminates without
any further action on the part of any party, effective the date of the court order. The County and
the School Board agree to comply with all Federal and Florida statutes, and all local ordinances,
as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of
the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race,
color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC
ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section
504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended
(42 USC ss. 6101 - 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse
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Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the
basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act
of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of
1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or
financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as
maybe amended from time to time, relating to nondiscrimination on the basis of disability; .10)
Any other nondiscrimination provisions in any Federal or state statutes which may apply to the
parties to, or the subject matter of, this Agreement.
18. 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.)
19. 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
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legal proceeding is instituted against the other party relating to the formation, execution,
performance, or breach of this Agreement.
20. 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
will lie 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.
21. 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 timely access to such records of each other party to this Agreement for
audit purposes during the term of the Agreement and for three (3) years following the
termination of this Agreement.
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22. 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.
23. 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.
24. 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 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.
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15. Public Access
The County and the School Board shall allow and permit reasonable access to, and
inspection olf,all documents,papers,letters, ur 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.
26. _ fanasiemenr!Notices
"The.('ounty's Project Manager under this Agreement is Roy Sanchez, telephone number;
305-29/-35T'. address: 3583 S. Roosevelt Blvd., Key West. Ft 33040. The School Board's
Project Manager is Joseph Burke, telephone number 305-293-1400, address 241 Trumbo Rd.,
Key West, 1 1 3 300. 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.
Respective mailings shall be addressed to the Project Manager at the address listed in the
preamble above.
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. Sev_ernhllity
In the event one or more provisions of this Agreement are declared invalid by a coup of
competent jurisdiction. the balance of this Agreement shall remain in full force and effect.
28. von-Waiver of Immunity
Notwithstanding ;Ile provisions of Section 768.28, 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 coterage shall not be deemed a waiver of immunity to the extent of liability coverage, nor
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shall any contract entered into by the County and the School Board be required to contain any
provision for waiver.
29. Privileges and Inununities
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 of the County
and the School Hoard when performing their respective functions within the territorial limits for
their respective agencies shall, apply to the sane degree and extent to the Performance of such
functions and duties of such officers, agents or employees exiraterritorially under this
Agreement.
30. Leual_._Ohlieations and Responsibilities: Non=Deleeation of Constitutional or Statutory
Duties
This Agreement is not intended to.nor shall it he 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 perlbrmance thereof by any other participating agency, in which case
the performance may be offered in satisfaction of the 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 i63,
Florida Statutes.
31. fafcctivc Date
This Aeree!nent, and any subsequent amendments. shall become effective upon filing
with the Clerk of the Circuit Court of Monroe County,Florida.
32. 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 separate and
apart, inferior to, or superior to the community in general or for the purposes contemplated in
this Agreement.
THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.
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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 and representative hands and seals on the dates
,:(4ndi.ca'te44,,
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°�4SE'fl 1. BOARD OF COUNTY COMMISSIONERS
'� 'ATTE T , A'NNY KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
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ByT f OTC Ote4) By
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Deputy Ma Chairman
Date: /— / ?— /oL
(SEAL) SCHOOL BOARD OF MONROE
ATTEST: COUNTY, FLORIDA
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By
Jesus Jara, Interim Superintendent John Dick, Chairman
Date: 1ri 1 1
MO C• Fi NTY ATT Y II°
41' OV.c AS TO 0
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P.EDRO J.M R 'DO
ASSISTANT CO ► b s. •
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