05/16/2012 Agreement DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: June 4, 2012
TO: Chief James Callahan
Emergency Services
ATTN: Holly Pfrester
FROM: Pamela G. Hanc
At the May 16, 2012, Board of County Commissioner's meeting the Board granted
approval and authorized execution of Item C8 an Interlocal Agreement (ILA) with the City of
Key West to donate to the City of Key West Fire Department SCBA `Scott' surplus equipment
not utilized by Monroe County Fire Rescue.
Enclosed is a copy of the above - mentioned for your handling. Should you have any
questions, please do not hesitate to contact our office.
cc: County Attorney w/o document
Finance
File
1NTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT is entered into pursuant to Sec. 274.06,
F.S., by and between Monroe County Board of County Commissioners, a political
subdivision of the State of Florida, (hereafter "COUNTY "), and The City of Key West,
Florida (KEY WEST), a municipal corporation existing under the laws of the State of
Florida.
WHEREAS, in 2009, the COUNTY purchased SCBA "Scott" equipment for use
at the Key West International Airport fire station; and
WHEREAS, On April 1, 2011, oversight of the Key West International Airport
fire station, firefighters, and operations was assigned to Monroe County Fire Rescue; and
WHEREAS, an inventory of all equipment was performed to verify conformity
with the rest of Monroe County Fire Rescue operations; and
WHEREAS, it was discovered that the type of SCBA system being utilized at the
Key West International Airport fire station was "Scott", while Monroe County Fire
Rescue uses "MSA "; and
WHEREAS, these systems are quite different, and are not compatible with one
another. Also, "Scott" requires the use of a separate maintenance system that is quite
costly, and up to this point, the City of Key West Fire Rescue was allowing the
COUNTY to use theirs, as a courtesy; and
WHEREAS, it would be confusing to have two different SCBA systems within
one operation, and would require double the training time to cover both;
WHEREAS, the COUNTY has determined that the "Scott" equipment no longer
serves a useful function for the COUNTY, and is therefore surplus property within the
meaning of Section 274.05, F.S.; and
WHEREAS, the COUNTY wishes to donate the "Scott" equipment to the City of
Key West Fire Rescue, since it is the type they already use, and would be a benefit to
them to have this additional equipment; and
WHEREAS, a good faith estimate was made of the "Scott" equipment and was
determined to be under $5,000; and
WHEREAS, the parties now desire to enter into an interlocal agreement pursuant
to which the COUNTY will transfer the "Scott" equipment to the City of Key West Fire
Rescue; and
NOW, THEREFORE IN CONSIDERATION of the mutual consideration and
premises set forth below, the parties hereto agree as follows:
PURPOSE OF AGREEMENT
The purpose of this agreement is to set forth the mutual obligations and
responsibilities of both parties in the transition of the "Scott" equipment from the
COUNTY to KEY WEST, the equipment is more specifically described as follows:
Scott Air Packs
Type -Serial Numbers
Scott Bottles
Serial Numbers
97- 79210668
SCH- 193451
97- 89600441
SCH- 193211
97- 89600444
SCH- 193371
97- 89600028
SCH- 193139
97- 79210678
ALT - 639 -8938
97- 89600422
ALT - 639 -4054
92- 9860085
ALT - 639 -4401
92- 9860081
ALT - 639 -8091
92- 9860170
ALT - 639 -8088
92- 9860119
ALT - 639 -8098
92- 9860210
ALT - 639 -8976
92- 9860083
ALT - 639 - 150728
ALT - 639 - 150729
ALT - 639 - 150730
ALT - 639 - 150731
ALT -639 - 150732
ALT - 639 - 150733
ALT - 639 - 150734
ALT - 639 - 150735
IH -618
IH -739
IH -703
IH -790
2. RESPONSIBILITIES OF COUNTY
2. 1.1 Upon execution of this Interlocal Agreement, the COUNTY shall forward
the "Scott" equipment to the City of Key West Fire Rescue.
3. RESPONSIBILITIES OF KEY WEST:
3.1.1. Upon receipt of the "Scott" equipment, accept it in "as is" condition and
without any warranties.
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4. INSURANCE AND HOLD HARMLESS
4.1 To the extent allowed by law, each party shall be responsible for any acts, or
omissions, of negligence on the part of its employees, agents, contractors, and
subcontractors and shall defend, indemnify and hold the other party, its officers and
employees, agents and contractors, harmless from all claims, demands, causes of action,
losses, costs, and expenses of whatever type — including investigation and witness costs
and expenses and attorneys' fees and costs — that arise out of or are attributable to arising
out of such actions or omissions. The purchase of insurance does not release or vitiate
either party's obligation under this paragraph.
4.2 Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the
participation of the COUNTY and KEY WEST 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 or
KEY WEST be required to contain any provision for waiver.
5. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND
FEES:
5.1 This Agreement shall be governed by and construed in accordance with the
laws of the State of Florida applicable to contracts made and to be performed entirely in
the State.
5.2 In the event that any cause of action or administrative proceedings is
instituted for the enforcement or interpretation of this Agreement, venue will lie in the
appropriate administrative body in Monroe County, Florida.
5.3 The COUNTY and KEY WEST agree that, in the event of conflicting
interpretations of the terms or a term of this Agreement by or between any of them, the
issue shall be submitted to mediation prior to the institution of any other administrative or
legal proceeding.
6. SEVERABILITY:
If any term, covenant, condition or provision of this Agreement (or the application
thereof to any circumstance or person) shall be declared invalid or unenforceable to any
extent by a court of competent jurisdiction, the remaining terms, covenants, conditions
and provisions of this Agreement, shall not be affected thereby; and each remaining term,
covenant, condition and provision of this Agreement shall be valid and shall be
enforceable to the fullest extent permitted by law unless the enforcement of the remaining
terms, covenants, conditions and provisions of this Agreement would prevent the
accomplishment of the original intent of this Agreement. The COUNTY and KEY
WEST agree to reform the Agreement to replace any stricken provision with a valid
provision that comes as close as possible to the intent of the stricken provision.
7. ACCESS TO RECORDS AND AUDITS
In addition to any other rights conferred upon the parties under the Florida
Government in the Sunshine Law or the Florida Public Records Act, both parties shall
have the right to examine and audit any records involving transactions related to this
Interlocal Agreement. Either party may cancel this Interlocal Agreement for refusal to
allow access to any records pertaining to work performed under this Agreement that are
subject to the Florida Government in the Sunshine Law or the Florida Public Records
Act.
8. TAXES
The parties are not subject to taxes or assessments
9. COUNTERPARTS
This INTERLOCAL AGREEMENT may be executed in several counterparts,
each of which shall be deemed an original.
10. COVENANT OF NO INTEREST
COUNTY and KEY WEST covenant that neither presently has any interest, and
shall not acquire any interest, which would conflict in any manner or degree with its
performance under this Interlocal Agreement, and that each's only interest is to perform
and receive the benefits as recited in this Interlocal Agreement.
11. CODE OF ETHICS
COUNTY and KEY WEST 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, F.S., regarding, but not
limited to, solicitation or acceptance of gifts; doing business with one's agency;
unauthorized compensation; misuse of public position, conflicting or contractual
relationship; and disclosure or use of certain information.
12. ETHICS CLAUSE
KEY WEST warrants that it has not employed, retained, or otherwise had act on
its behalf any former COUNTY officer or employee subject to the prohibition of Section
2 of Ordinance No. 0 10- 1990 or any COUNTY officer or employee in violation of
Section 3 of Ordinance No. 010 -1990. For breach or violation of this provision,
COUNTY may, in its discretion, terminate this agreement without liability and may also,
in its discretion, deduct from the agreement or otherwise recover the full amount of any
fee, commission, percentage, gift, or consideration paid to the former COUNTY officer
or employee.
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals the
day and year first written above.
ATTEST: DANW L. KOLHAGE, COUNTY
`CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: By:
Deputy Clerk o S / 2� / L Ma Chairperson
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THE CITY OF KEY WEST, FLORIDA
By: Zw
Mayor /Chairperson
MONR E COUNTY ATTORNEY
AP OV D AST F M:
N HIA L. ALL
Date ISTANT C�UIYTY ATTORNEY
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RESOLUTION NO. 12 - 095
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF KEY WEST, FLORIDA, APPROVING THE
ATTACHED INTERLOCAL AGREEMENT BETWEEN MONROE
COUNTY AND THE CITY OF KEY WEST FOR SELF
CONTAINED BREATHING APPARATUS (SCBA);
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, Monroe County Fire Rescue has offered to donate to
the Key West Fire Department a significant inventory of Scott SCBA
equipment; and
WHEREAS, the Key West Fire Department is willing to accept
the donated equipment, and assume responsibility for its
maintenance, repair and proper use;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF KEY WEST, FLORIDA, AS FOLLOWS:
section 1: That the attached Interlocal Agreement between
Monroe County and the City is hereby approved.
Section 2: That this Resolution shall go into effect
immediately upon its passage and adoption and authentication by the
signature of the presiding officer and the Clerk of the Commission.
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Passed and adopted by the City Commission at a meeting held
this 20 day of M arch , 2012.
Authenticated by the presiding officer and Clerk of the
Commission on Ma 21
2012.
Filed with the Clerk March 21 1 2012.
ATT T
CHERYL V CITY CLERK
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