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Home My WebLink About11/12/2025 Agreement GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: November 25, 2025 TO: Daryl Greenlee, Director Fleet Management Tania Stoughton Fleet Management FROM: Liz Yongue, Deputy Clerk SUBJECT: November 12, 2025 BOCC Meeting The following items have been executed and added to the record: F27 Interlocal Agreement with Florida Fish and Wildlife Commission (FWC) To Provide Ongoing Fleet Maintenance and Repair Services for FWC Vehicles. F28 Interlocal Agreement with Florida Highway Safety and Motor Vehicles (FHP) To Provide Ongoing Fleet Maintenance and Repair Services for FHP Vehicles. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 INTERLOCAL AGREEMENT BETWEEN MONROE COUNTY AND F-- W ,, FOR FLEET MAINTENANCE & REPAIR SERVICES THIS, INTERLOCAL AGREEMENT (""Agreement"" or "ILA") is made and entered into this,23 day ofee-,zg.-:-a'-, 2025, by and between MONROE COUNTY, a political subdivision of tile State of Florida, whose address is 1100 Simonton Street, Key West, Fl. 33040 (hereinafter "County"), and r—W e— , a governmental entity of the State of Florida, whose address is,-,,?`71'tLv t�v�q (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 tile 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 "rhe County will provide fleet maintenance and repair services, including but not limited to oil changes; speedometer calibrations; tire dismount, mount and balance; brake work; suspension, electrical, A/C, drivetrain, and routine inspections. Services such as bodywork, painting, major 1 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 tile 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. 'File 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. I'he County will hill 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 'I'his Agreement shall commence upon execution and remain in effect for five (5) years, unless terminated earlier under Section 6. S. Management & Legal Point of Contact Daryl Greenlee, Fleet Director 1100 Simonton Street, Suite 216 Key West, FL 33040 305-292-3452 1 greciilee-darvl((,-i)monroecoutity-fl.gov Donald Townsend, Assistant County Attorney Monroe County Attorney's Office P.O. Box 1026, Key West, Fl, 33041-1026 305-848-5264 /townseiid-donaldC(r)t-nonroecotiiltv-tl.gov 6. 1'ennination Either party may terminate this Agreement for convenience with O days' written notice or for cause with 30 (lays' notice and an opportunity to cure. 'I"he Agency shall pay all amounts due through the effective date of termination.. 7. Records & Audits Each party shall maintain accurate records related to this Agreement and provide access for audit upon request for five (5)years fiollowing termination. 2 8. Insurance& Indemnification Each party shall maintain insurance or shall self-insure throughout the entire term of' this agreement with coverages and limits consistent to insure against customary risk associated with tile work performed under this agreement. �F;j c-- , 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 _,and agrees to be liable tea the statutory limits for any damages proximately caused by said acts or omissions, or intentional tortious,acts. Tile County,as a political sub-division of tile 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 r w e-- or County, and agrees to be liable to the statutory limits for any damages proximately caused by said acts or ornissions, 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 pat-ties 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 agreenient. 9. Public Records The parties acknowledge and will comply with I'lorida's Public Records Act,Chapter 119, Florida Statutes, including responsibilities if acting on behalf of the other as a contractor. 10. Nondiscrimination. 'rhe parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court ol'cornpetentjurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action oil tile part of any party,effective tile date ofthe court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondi scri rn i nation. 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),ritle IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination oil tile 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 'freatment Act of 1972 (PL 92- 255),as amended,,relating to nondiscrimination on the basis ofdrug abuse; fa)The Comprehensive Alcohol Abuse and Alcoholism prevention, Treatment and Rehabilitation Act of 1970 (PL 91- 3 616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act ol" 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 Vill of.the Civil Rights Act of 1968 (42 USCG §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) "I'he Americans with Disabilities Act of 1990 (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; mid 11) All requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of`Transportat ion, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the Department of Transportation-I ftectuation 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 ofany 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. Ifany 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 ofthe remaining terms,covenants,conditions and provisions of this Agreement would prevent the accomplishment of the original intent of' this Agreement. Tile 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 oil'the stricken provision. 4 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 coritcr sessions between representatives of each of tile parties. 'File Parties Representative shall try to resolve the claim or dispute with meet and confer sessions. If tile 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, 'File 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 inforni, 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 ol'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 tile execution of this Agreement. S • :IN WITNESS:WHEREOF;the parties hereto have:sot their hands:and seals:the day and year first above:written.. �__kSEAfL a� . BOARD OF. . COUNTY COMMISSIONERS TTE�,1, KEVIN MAD• OK OF MONROE COUNTY: FLORIDA • y 9 Y� i • � r-47 � . .. . Gl �zr�A�7•-� „�;!-x'� Mom;, � � ` • . t� �F��k �==z'.✓'`�` eptlty Clerk :Mayor/Chairman AGENCY: Mayor/ •. �a�r u r z ice • Date: .j 2. r 2S test: t..aat • Monroe County Attorney• . Approved as to Form And Legal Sufficiency Donald Townsend,Jr: . Assistant County Attorney Date:O 24,2025,3:02 pm. APPENDIX A: PRICING FOR FY 2025- 2026 Labor rate: $259.29/hour