06/14/2000 Agreement
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BRANCH OFFICE
3117 OVERSEAS mGHWA Y
MARAlHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF mE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS mGHWA Y
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
MEMORANDUM
DATE:
June 19,2000
TO:
James Malloch, Director
Community Services
FROM:
Sandy Molina
Pamela G. Hanco .AJv
Deputy Clerk LJ?
ATTN:
At the June 14, 2000, Board of County Commissioner's meeting the Board granted
approval and authorized execution of a Project Agreement providing for Emergency
Fuel/Facilities joint usage by the Monroe County Government, the City Electric System, the City
of Key West, the Florida Keys Aqueduct Authority, and the Monroe County School Board. This
project Agreement is to provide availability among the parties of each other's fuel and facilities
during an emergency or as otherwise agreed upon.
Enclosed please find five duplicate originals executed on behalf of Monroe County.
Please make sure that the fully executed "Clerk's Original" is returned to our office as soon
as possible. Should you have any questions, please do not hesitate to contact this office.
Cc: County Administrator w/o documents
County Attorney
Finance .
File ,../
Utility Board of the City of Key West, Florida
1001 James St.
P.o. Drawer 6100
Key West, Florida 33041-6100
General Manager: (305) 295-1001
Main Telephone: (305) 295-1000
Fax: (305) 295-1005
September 15, 2000
Mr. James Malloch
Monroe County
College Road
Key West, FL 33040
RE: PROJECT AGREEMENT PROVIDING FOR EMERGENCY FUEUFACILlTIES USE
Dear Mr. Malloch:
Enclosed is the County's copy of subject agreement. City Electric System appreciates your
cooperation in this joint project and looks forward to working with you in the future on similar-
type ventures.
Thanks again.
Sincerely.
CRJ/sh
cc:
Raymond C. Rodriguez
File:PLI-201
Enclosure
UITLITY BOARD MEMBERS:
Robert R. Padron, Chairman · Dr. Otha P. Cox, Vice-Chairman
Lou Hernandez, Member · Leonard H. Knowles, Member. Gayle Swofford, Member
CLERK'S ORIGINAL
PROJECT AGREEMENT PROVIDING FOR EMERGENCY
FUEUFACILlTIES USE
This Project Agreement Providing for Joint Emergency Fuel/Facilities Use, is
entered into this /0 -rh day of MA" 2000, by and between the
Utility Board of the City of Key West, Board of County Commissioners of Monroe
County, Florida Keys Aqueduct Authority, the City of Key West, and Monroe County
School Board, hereinafter "Project Participants".
WHEREAS, the "Project Participants" formed an informal alliance in 1998, for the
purpose of providing a means for its members to benefit from a joint association of fellow
public agencies, including a joint purchasing of services, materials, supplies, and
equipment utilized in the operation of fleet maintenance and operation; and
WHEREAS, the "Project Participants" now desire to formally enter into an
agreement so that the "Project Participants" can benefit from the savings possible
through this joint purchasing; and,
WHEREAS, Chapter 163, Florida Statutes, known as the "Florida Interlocal
Cooperation Act of 1969" ("the Acf'), 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"; and,
WHEREAS, Sec. 163.01 (4) of 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"; and,
WHEREAS, Sec.163.01 (3) of the Act defines a "public agency" to include a
county and a school district, a city, and single and multipurpose special districts; and,
WHEREAS, the "Project Participants", 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 services necessary to, common to, or available to each
agency.
NOW, THEREFORE, in consideration of the mutual benefits derived from the
Project by each, the parties do hereby agree as follows:
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ARTICLE 1. PURPOSE OF AGREEMENT
1.1 The purpose of this Agreement is to establish and define the respective
duties and obligations of the "Project Participants" under this Agreement
relative to access to and use of vehicular fueling facilities owned or
operated by the "Project Participants" throughout the Monroe County area
and portions of Dade County.
1.2 The intent of this Agreement is to provide availability among the parties of
each other's fuel and fueling facilities during an emergency or as
otherwise agreed upon.
1.3 An "emergency" is defined as any occurrence (or threat thereof), whether
natural, technological, or manmade, in war or in peace, which results or
may result in substantial harm or injury to the population, or substantial
damage or loss of property. The term also means an unexpected turn of
events that cause an immediate danger to the public health or safety, an
immediate danger of loss of public or private property; or an interruption
as the provision of an essential governmental service.
ARTICLE 2 PAYMENT/REIMBURSEMENT
2.1 "Project Participants" shall each charge and pay its pro rata share of all
expenses incurred in the administration and implementation of this project
agreement
2.2 The "Project Participants" shall invoice each party for such expenses and
the amount of fuel used by a party at another party's fueling location and
said invoice shall be paid within thirty (30) days of the date of receipt of
such invoice.
ARTICLE 3. FUELING LOCATIONS AND SPECIFICS TO USAGE
3.1 All parties shall have available to them the following fueling locations.
City Electric System -
6900 Front Street - Extended, Stock Island (Garage)
one (1) fueling station - unleaded; 4,000 gallons and diesel; 4,000 gallons
(Manned facility)
City of Key West -
Key West Department of Transportation
627 Palm Avenue, Key West
one (1) fueling location - unleaded; 8,000 gallons, diesel;10,000 gallons and
propane; 45,000 Ibs.
(Manned facility)
2
3.2
(FUELING LOCATIONS AND SPECIFICS TO USAGE - CONTINUED)
Florida Keys Aqueduct - (8) eight fueling locations (Manned sites)
1 .) Florida City Plant
SW 192 Avenue & 354th Street - unleaded; 1,000 gallons
2.) Key Largo Garage
Thurman Dr., Mile Marker 99.5, Rock Harbor - unleaded; 6,000 gallons
3.) Tavernier Maintenance
91620 Overseas Highway - unleaded; 1,000 gallons
4.) Islamorada Maintenance (Unmanned site)
Mile Marker 82 - unleaded; 1,000 gallons
5.) Marathon Garage
615 33rd Street, Gulfside - unleaded 5,000 gallons
6.) Lower Keys Garage
5101 College Road, Stock Island - unleaded 2,500 gallons
7.) Key West Plant
310 Southard Street - unleaded; 1,000 gallons
Monroe County
1.) Main Garage
3583 S. Roosevelt Blvd., Key West
(By Airport) - unleaded; 5,000 gallons, diesel; 3,000 gallons
2.) 10600 Aviation Blvd
Marathon (N.E. end of Airport) - unleaded; 5,000 gallons, diesel; 3,000
gallons
3.) 186 Key Heights Drive, Plantation Key
(Behind Sheriff's Substation) - unleaded; 8,000 gallons, diesel; 3,000 gallons
School Board
1 .) Main Garage
241 Trumbo Road, Key West - unleaded; 2,000 gallons, diesel; 2,000
gallons
2.) Sugarloaf Elementary School
Crane Blvd., Upper Sugarloaf MM19,5
(Behind School) - unleaded; 2,000 gallons, diesel; 2,000 gallons
3.) Key Largo Elementary School
Mile Marker 105 (Behind School) - unleaded; 2,000 gallons, diesel; 2,000
gallons
3.2 Each "Project Participant" requires the following to be provided to
each participant from the other participant(s), in order to enact the use of
another participants fueling facility(s);
1.) Fueling location(s) to be used
2.) Type of fuel(s) needed and approximate quantities
3.) Approximate amount of time/duration fueling location(s) to be used
4.) Listing of approximate time/day vehicles to use fuellocation(s)
5.) Listing of vehicles using fueling location(s)
6.) Issue magnetic cards or keys in order to operator fuel dispenser(s)
7.) Listing of outside contractor(s), if any
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ARTICLE 4. ENTIRE AGREEMENT
4.1 It is hereby understood and agreed that this document contains the entire
agreement between the parties and that the parties are not bound by any
stipulations, representations, agreements, or promises oral or otherwise,
not contained in this Agreement.
ARTICLE 5 EFFECTIVE DATE
DURATION OF AGREEMENT
5.1 This Agreement shall become effective upon execution by at least two (2)
of the "Project Participants."
5.2 For other "Project Participants", this agreement shall become effective for
that Project Participant upon the date of execution by that Project
Participant.
5.3 This Agreement shall remain in effect during the time in which at least two
(2) "Project Participants" have not withdrawn or cancelled participation
under this agreemenf'.
ARTICLE 6. RESCISSION OR TERMINATION OF AGREEMENT
6.1 A "Project Participanf' may withdraw from this agreement by written
notice to all parties upon sixty (60) day's notice. Within thirty (30) days of
withdrawal, the withdrawing Participant shall pay the total amount due to
the other "Project Participant(s)".
ARTICLE 7 SUB-COMMITTEE
7.1 The "Project Participants" shall appoint a Fleet Sub-Committee. The Fleet
Sub-Committee shall be responsible for creating the terms and conditions
of interagency use of fuels and fueling facilities between the parties.
These terms and conditions shall be reduced to writing, attached to this
agreement, and provided to each "Project Participanf'. Failure to object
to any term of condition by a "Project Participanf' within thirty (30) days of
receipt, shall be deemed to be approval and acceptance by Project
Participant.
ARTICLE 8. RELATIONSHIP OF THE PARTIES
8.1 The "Project Participants" may meet from time to time to make
recommendations of other business, as may be deemed necessary to
implement this Project Agreement, and shall act in conformity with Florida
Sunshine Law, Chapter 286, Florida Statues, as applicable.
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8.2 A "Project Participant" will, at its discretion, provide the necessary
personnel, including "Project Participants" staff and consulting and legal
assistance, to collect and analyze all relevant and available data pertinent
to this Project Agreement and to implement its provisions.
ARTICLE 9. DISPUTES
9.1 All disputes arising from participation in this Project Agreement, which
cannot be resolved through negotiation, shall be submitted to the
Interagency Combined Operations & Purchasing Steering Committee of
the "Project Participants" for resolution. The committee consists of one
member appointed by the governing board or administrator of each
"Project Participanf'.
ARTICLE 10. MODIFICATIONS TO THIS PROJECT AGREEMENT
10.1 This Project Agreement may be modified or amended at any time by
unanimous consent of the parties. All modifications or amendments must
be evidenced in writing and approved by each "Project Participant's"
governing board.
ARTICLE 11. COOPERATION
11.1 "Project Participants" agree to the extent required by another party, to
participate in all proceedings, hearings, processes, meetings, and other
activities related to the provisions 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.
ARTICLE 12. CODE OF ETHICS
12.1 "Project Participants" 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.
ARTICLE 13. SEVERABILITY
13,1 In the event one (1) 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 in effect.
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ARTICLE 14.
14.1
ARTICLE 15.
15.1
ARTICLE 16.
16.1
ARTICLE 17.
17.1
NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Section 768.28, Florida Statutes,
"Project Participants" 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 "Project Participants" be required to contain
any provision of waiver.
PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability; exemptions from laws,
ordinances, and rules, and 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 "Project
Participants" 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.
LEGAL OBLIGATIONS AND RESPONSIBILlTES: 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 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, specifically, the
provisions of Chapter 163, Florida Statutes.
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, activity or program
contemplated hereunder, and the "Project Participants" agree that no
participant or any agent, officer, or employee of a participant shall have
the authority to inform, counsel, or otherwise indicate that any particular
individual or group of individuals, entity or entities, has or 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.
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ARTICLE 18. NOTICES; INVOICES
18.1 All notices, correspondence, and other written communications relative to
this Agreement shall be considered delivered when posted by certified
mail, return receipt requested; delivered in person to the appropriate
agency representative; or upon confirmed electronic receipt by tele-
copier/tele-facsmile or electronic mail. Appropriate agency representative
shall mean: "any member of the Fleet Sub-Committee".
A TRICLE 19. AGREEMENT APPROVAL
19.1 This agreement will take effect when a fully executed copy is filed with the
Clerk of the Circuit Court of Monroe County, Florida.
Monroe County:
Shirley Freeman
Name
5100 College Road
Address
Key West FL 33040
City. State. Zip Code
(305) 292-3430
Telephone No./Fax No.
E-Mail Address
Monroe County School Board
Andy Griffiths
Name ~ p~
241 Trumbo Road
Address
Key West, Fl 33040
City. State. Zip Code
7
(305) 293-1400/ (305) 294-1408
Telephone No.lFax No.
rnonroe.k12.f1.us
E-Mail Address
City Electric System
SKIP J"RAlSE"N
Name
/001 ::rlimES ST.
Address
KE"/ W~Sr. FL 330y'O
City. State. Zip Code
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Telephone No.lFax No.
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E-mail Address
City of Key West
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PROJECT AGREEMENT PROVIDING FOR EMERGENCY
FUEL/FACILITIES USE
This Project Agreement has been executed and entered into upon the dates indicated
below.
Title:
Date:
CITY ELECTRI1~P~
(2vt RD8_ r 1'<."'" De_'"
Title: CH.1IlRmAN - f/T/LITY 'Bo//JeD a J if t! Iry
() Key war
Date: Sf/a /00
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RECEIVED
Title:
MOre c: :i;;:::.
SEP 8 2000
EXECUTIVE OFFICE
Date:
MONROE COUNTY SCHOOL BOARD
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Title:---C...~~{) / Q' rn (1 (\ 7
Date: ~S'u t\.J d.-g I '~CO ()
MONROE COUNTY
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