HomeMy WebLinkAboutItem F28 INTERLOCALAGREEMENT BETWEEN
MONROE COUNTY AND
FLORIDA HIGHWAY SAFETY AND MOTOR
VEHICLE S FOR FLEET MAINTENANCE & RE PAIR
SERVICES
............... ........-........."I'll,...............
THIS INTERLOCAL AGREEMENT("Agreement" or"ILA")is made and entered into
this 8th day of August, 2025,by and between MONROE COUNTY, a political subdivision of the
State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040 (hereinafter
"County"), and Florida Highway Safety and Motor Vehicles, a govenunental entity of the State of
Florida, whose address is 2900 Apalachee Parkway, Tallahassee, Florida(hereinafter"Agency").
RECITALS
WHEREAS, Chapter 163, Florida Statutes, known as the "Florida Interlocal Cooperation
Act of 1969," authorizes local governments to enter into interlocal agreements for mutual
advantage; and
WHEREAS, the County maintains and operates Fleet Management Service facilities at
Plantation Key, Marathon, and Rockland Key for repair and maintenance of County vehicles; and
WHEREAS, the Agency desires to utilize the County's Fleet Management Services for
maintenance and repair services on its vehicles under the terms and conditions set forth herein;
and
WHEREAS, the County agrees to provide such services on a cost-reimbursement basis,
under the pricing terms outlined in Appendix A,which shall be updated annually and automatically
incorporated into this Agreement without further amendment; and
WHEREAS, the County and the Agency find that this Agreement serves a valid public
purpose and is in the best interest of public health, safety, and welfare.
TERMS
1.Authority and Purpose
The purpose of this Agreement is to define the duties and obligations of the County and the Agency
regarding the provision of vehicle maintenance and repair services.
2. Services Provided
The County will provide fleet maintenance and repair services, including but not limited to all
changes; speedometer calibrations; tire dismount, mount and balance; brake work; suspension
structural repairs, or highly specialized work (e.g., extreme electronic diagnostics, towing) are
excluded.
3. Pricing& Payment
a. Pricing for services shall be performed at the hourly labor rate set forth in Appendix A (FY
2025-2026 Pricing), based on the schedule provided by the County Fleet Management Services,
with services being billed based on actual hours/partial hours at 6-minute intervals.
b. The hourly labor rate shall be reviewed and updated annually when needed, to cover County
costs, and the updated Appendix A listing said hourly labor rate shall automatically become part
of this Agreement upon issuance by the County without requiring formal amendment or board
approval.
c. The County will bill the Agency monthly for services provided,providing detailed work orders
showing labor hours,parts costs, and any subcontractor charges. Payment is due within 30 days of
issuance of the invoice.
4. Term
This Agreement shall commence upon execution and remain in effect for five (5) years, unless
terminated earlier under Section 6.
5. Management& Legal Point of Contact
Daryl Greenlee, Fleet Director
1100 Simonton Street, Suite 216
Key West, Fl, 33040
305-292-34521 -eenlee-dal 1 l),
'monroecounty-fl.ggy
Donald Townsend,, Assistant County Attorney
Monroe County Attorney's Office
P.O. Box 1026, Key West, FL 33041-1026
305-848-5264/townsend-donaldL-i,),monroecouUt �,,,:fl,,,Gov
6. Termination
Either party may tenninate this Agreement for convenience with 90 days' written notice or for
cause with 30 days' notice and an opportunity to cure. The Agency shall pay all amounts due
through the effective date of ten-nination.
7. Records & Audits
Each party shall maintain accurate records related to this Agreement and provide access for audit
upon request for five (5) years following termination.
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8. Insurance & Indemnification
Each party shall maintain insurance or shall self-insure throughout the entire ten'n of this
agreement with coverages and limits consistent to insure against customary risk associated with
the work performed under this agreement.
Florida Highway Safety and Motor Vehicles, 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 County or Agency, and agrees to be liable to the statutory limits for any
damages proximately caused by said acts or omissions, or intentional tortuous acts.
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 Agency or County, and agrees to be liable to the statutory limits for any damages
proximately caused by said acts or omissions, or intentional tortuous 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.
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies relevant to this agreement.
9. Public Records
The parties acknowledge and will comply with Florida's Public Records Act,Chapter 119,Florida
Statutes, including responsibilities if acting on behalf of the other as a contractor.
10. Nondiscrimination.
The parties 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 parties 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 V11 of the Civil Rights Act of 1964 (PL 88-352), which prohibit
discrimination in employment on the basis of race, color,religion sex and national origin;2)Title
IX of the Education Amendment of 1972, as amended (20 USC, §§ 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 § 794), which prohibits discrimination on the basis of disability; 4)
The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits
discrimination on the basis of age-, 5) The Drug Abuse 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-
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616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)
The Public Health Service Act of 1912, §§ 523 and 527 (42 USCG §§ 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 §§ 3601 et seq.), as amended, relating to nondiscrimination in
the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1.990 (42 USC
§§ 12101 Note), as amended from time to time, relating to nondiscrimination on the basis of
disability; 10) Monroe County Code Chapter 14, Article 11, which prohibits discrimination on the
basis of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender
identity or expression, familial status or age; and 11) All requirements imposed by or pursuant to
Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the
Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the Department of
Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations
may be amended; and 12)Any other nondiscrimination provisions in any Federal or state statutes
which may apply to the parties to, or the subject matter of, this Agreement.
11. Governing Law,Venue & Interpratation
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.
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the Parties agree that venue will lie in the
appropriate court or before the appropriate administrative body in Monroe County, Florida.
The Parties 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.
Mediation proceedings initiated and conducted pursuant to this Agreement shall be in
accordance with the Florida Rules of Civil Procedure and usual and customary procedures required
by the circuit court of Monroe County.
12. Severability.
If any term,, covenant, condition or provision of this Agreement (nor 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 Contractor 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.
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13. Attorney's Fees and Costs.
The Parties agree that in the event any cause of action or administrative proceeding is initiated 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, and shall include attorney's fees,
courts costs, investigative, and out-of-pocket expenses in appellate proceedings.
14. Adjudication of Disputes or Disagreements.
The Parties agree that all disputes and disagreements shall be attempted to be resolved by meet
and confer sessions between representatives of each of the parties.The Parties Representative shall
try to resolve the claim or dispute with meet and confer sessions. If the issue or issues are still not
resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or
remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject
to arbitration.
14. Cooperation.
In the event any administrative or legal proceeding is instituted against either party relating to the
formation, execution, performance, or breach of this Agreement, the Parties agree to participate,
to the extent required by the other party, in all proceedings, hearings, processes, meetings., and
other activities related to the substance of this Agreement or provision of the services under this
Agreement. The Parties specifically agree that neither party to this Agreement shall be required
to enter into any arbitration proceedings related to this Agreement.
15. 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 Parties agree that neither Party 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.
16. No Personal Liability.
No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any
member, officer, agent or employee of Monroe County in his or her individual capacity, and no
member, officer, agent or employee of Monroe County shall be liable personally on this
Agreement or be subject to any personal liability or accountability by reason of the execution of
this Agreement.
IN WITNESS WHEREOF,the parties hereto have set their hands and seals the day and year first
above written.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: KEVIN MADOK OF MONROE COUNTY FLORIDA
By: By:
As Deputy Clerk Mayor/Chairman
AGENCY:
I,; ..�A
Florida Highway Safety altip.d otor Vehicles
0"'Ifflod owe
By:
Mark Hernandez .1ile ,
Bureau of Purchasing and Contracts
Date: October 8, 2025
Monroe County Attorney
Approved as to Form And Legal Sufficiency
Donald Townsend,Jr.
Assistant County Attorney
Date:Oct 24,2025,3:28 pm
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APPENDIX A: PRICING FOR FY 2025 -2026
• Labor rate.- $259.29/hour