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Home My WebLink About2005-017 lPL"G d'"lumOnt was prepared b w +y t ti1 .0 lh Ste , V�L.;m INTERLOCAL AGREEMENT FOR OPERATIONAL COSTS FOR JOINT FLEET MANAGEMENT/FUELING DEPOT FACILITY LOCATED AT 5235 41sT STREET, VERO BEACH, FLORIDA BETWEEN THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE SCHOOL DISTRICT OF INDIAN RIVER COUNTY, FLORIDA THIS AGREEMENT, entered into the 4th day of January, 2005 , by and between Indian River County Board of County Commissioners , State of Florida, located at 1840 25 `h Street, Vero Beach, Florida, hereinafter called COUNTY, and the School District of Indian River County, Florida, located at 1990 25th Street, Vero Beach, Florida, mum hereinafter called the SCHOOL DISTRICT. T NT M8 SEEN RECORDED iND N RIVER t FL °F BK; 1857 PG : 1M0, pa" , of 9 WITNESSETH 04"12M at 42: 11 rM, JEFFREY K aARTON, CLERK OF COURT WHEREAS , the COUNTY and the SCHOOL DISTRICT have constructed the Indian River County/School District Fleet Management Facility and Fueling Depot, including site work, offsite utilities, school bus and vehicle parking areas , and related improvements on a 25 + acre site in Indian River County, Florida, as described in Exhibit "A" attached located at 5235 41sT Street, Vero Beach, Florida; and WHEREAS, the COUNTY and the SCHOOL DISTRICT are prepared to contribute funds toward replacement, operational and related costs associated with the joint use facility, including fueling and fuel depot costs, maintenance of common building systems (HVAC , fire sprinkler system, fire alarm system, water and sewer mains and equipment, etc . ) , custodial costs , utility costs (electric , water, sewer, etc . ) , property casualty insurance costs , and grounds maintenance costs for the Indian River County/School District Joint Fleet Management Facility and Fueling Depot . NOW THEREFORE , in consideration of the mutual benefits to be derived from joint participation on the PROJECT, the parties agree to the following : 1 . The recitals set forth above are true and correct and are deemed incorporated herein. Page 1 of 7 f • 2 . Fuel Depot Operational Costs and Fuel Purchasing. Fuel shall be purchased as needed under a Four-County Co -Op Bid or similar bid by Indian River County . All fueling shall be monitored by a personal computer using fleet management software that will keep a log of each vehicle ' s fuel withdrawal . All users (COUNTY, Sheriff' s Department, SCHOOL DISTRICT, Council on Aging, etc . ) shall be billed monthly by the COUNTY for actual fuel cost per gallon plus a $ . 058 per gallon surcharge that will include $ . 027 per gallon for an equipment renewal and replacement fund and $ . 031 per gallon for operating costs . The COUNTY shall purchase and make payment to the supplier for all fuel . The aforementioned surcharge was computed based upon the attached Exhibit "B " labeled "Fuel Surcharge" dated July 23 , 2004 , prepared by the Indian River County Office of Management and Budget. Each user shall fuel its ' own vehicles , unless it is decided by both COUNTY and SCHOOL DISTRICT staff that an operator is needed on a more frequent basis and both parties agree to fund an operator based on prorated fuel usage as determined by historical uses . Additional costs shall be shared based upon fuel consumption (% of gallons pumped) . If a fuel spill occurs , the party responsible for the spill shall clean up the area and pay any costs attributable to the spill . If the spill is caused by equipment malfunction, the spill shall be cleaned up by the COUNTY and all costs paid by the 2 . 7 ¢ renewal and replacement fund . The COUNTY shall be responsible for maintaining the fuel depot including equipment. The COUNTY shall bill each party using fuel and collect the fuel costs monthly . If the surcharge is not sufficient to maintain, replace, or add additional needed equipment, the COUNTY and SCHOOL DISTRICT shall share the additional cost based upon pro -rata fuel usage . 3 . Custodial Costs and Modifications/Repairs. The SCHOOL DISTRICT and COUNTY shall each be responsible for all custodial services and costs and modifications/repairs within their respective buildings, parking lots, and adjacent spaces , unless specified herein as joint responsibilities . 4 . Grounds Maintenance. All landscape areas , including irrigation system, stormwater ponds and perimeter buffers , shall be maintained on a contractual basis by a licensed, insured landscape maintenance company, under contract with the SCHOOL DISTRICT . The SCHOOL DISTRICT and COUNTY shall mutually agree on a scope Page 2 of 7 of work to be bid by the SCHOOL DISTRICT annually . Bidding and renewals shall be as per terms and conditions of standard bidding procedures . Costs shall be paid 38 . 4% (3 . 622 acres/9 . 438 acres) County and 61 . 6% (5 . 816 acres/9 . 438 acres) SCHOOL DISTRICT . The future SCHOOL DISTRICT Area Lot 3 (9 . 162 acres) has not been considered in this percentage calculations since no development has occurred on this parcel . Once Lot 3 is developed, this calculation will be revised . Fencing, gates and similar common use items shall be repaired as needed and costs shall be shared 38 . 4% County and 61 . 6% SCHOOL DISTRICT. The SCHOOL DISTRICT shall be billed for grounds costs and pay the contractor per terms and conditions outlined in the bid. The SCHOOL DISTRICT will bill the COUNTY for the COUNTY ' s share of the costs on a monthly basis . This bill will include documentation of invoices paid by the SCHOOL DISTRICT and the calculation of the COUNTY ' s share . 5 . Utility Costs. All utility bills for electric, water, sewer, and fire alarm modem phone line shall be billed to the SCHOOL DISTRICT by the utility and paid monthly by the SCHOOL DISTRICT . The SCHOOL DISTRICT will bill the COUNTY for the COUNTY ' s share of the costs on a monthly basis . This bill will include documentation of invoices paid by the SCHOOL DISTRICT and the calculation of the COUNTY ' s share . (a) Electrical — During the initial operation period of March 1 , 2004 through June 30 , 2005 , the SCHOOL DISTRICT and County shall share electrical utility costs based upon the following : Based upon a recent reading of a monitoring meter, the cost shall be funded 27% COUNTY / 73 % SCHOOL DISTRICT . These percentages shall be adjusted yearly based on the monitoring meter in place . (b) Water/Sewer — During the initial operation period of March 1 , 2004 through June 30 , 2005 , the COUNTY shall pay 20 . 8 % of the monthly water and sewer charges and the SCHOOL DISTRICT shall pay 79 . 2% of the monthly charges . (c) Fire Alarm Modem Phone Line — During the initial operation period of March 1 , 2004 through June 30 , 2005 , the COUNTY shall pay 20 . 8 % of Page 3 of 7 the monthly water and sewer charges and the SCHOOL DISTRICT shall pay 79 . 2 % of the monthly charges . (d) All other phone lines and solid waste fees shall be billed to the individual party and paid by each party as required. (e) Should utility usage occur that significantly increases the SCHOOL DISTRICT ' S or COUNTY ' S share of the costs, the SCHOOL DISTRICT will be notified by the COUNTY accordingly or vice versa, and percentages outlined herein will be adjusted as agreed upon by the parties . 6 . Maintenance of Building Systems. The cost of maintenance and inspection of Building Systems (HVAC , Fire Sprinkler System, Fire Alarm System, etc . ) water and sewer mains , and equipment shall be shared, 79 . 2% SCHOOL DISTRICT, 20 . 8 % COUNTY . The SCHOOL DISTRICT shall be responsible for inspection and maintenance/repair using their annual contracts or staff and shall bill the COUNTY annually . Each party shall inspect and maintain their respective hand held fire extinguishers . 7 . Fuel Tax Refunds . The COUNTY shall provide the SCHOOL DISTRICT with information as required by the Florida Department of Revenue ' s " Local Government User Schedule of Disbursement" (Form DR-309644) no later than 15 days after the end of each quarter along with all corresponding fuel consumption documentation for the claim period . The COUNTY and SCHOOL DISTRICT will each be responsible for making application and maintaining Fuel Tax Refund Permits and shall be responsible for filing refund claims for their respective fuel consumption. 8. Property Insurance/Risk Management. The SCHOOL DISTRICT shall be responsible for securing insurance coverage on the facility and grounds . The policy shall cover the building, contents , fuel island and grounds . The cost of the premiums shall be shared, 79 . 2% SCHOOL DISTRICT, 20 . 8% COUNTY . The School District shall provide the COUNTY with a copy of the bill for the premium and the COUNTY will pay the SCHOOL DISTRICT its proportionate share . Any deductible shall be paid by the party making the claim against the policy . In the event both parties file a claim against the policy , any deductible shall be paid 79 . 2% SCHOOL DISTRICT, 20 . 8 % COUNTY , Page 4 of 7 9. Payment. All requests for payment under this agreement shall be governed by the Florida Prompt Payment Act, FS 218 . 70 . 10 . Assignment. This Agreement and any interest herein shall not be assigned, transferred or otherwise encumbered by the SCHOOL DISTRICT or COUNTY under any circumstances without the prior written consent of the other party . 11 . Duration. Except as otherwise set forth herein, this agreement shall continue in effect and be binding to both the COUNTY and the SCHOOL DISTRICT until June 30 , 2005 , at which time each party shall review actual utility costs and usages . A new agreement shall be proposed, unless both parties agree to an extension of this agreement, in writing . If either does not intend to renew the agreement, a 30-day written notice shall be given the other party . In the interim, the costs shall be shared as provided for in this agreement, until a new agreement is effective . 12 . Indemnification. To the extent allowed by the Laws of Florida, the SCHOOL DISTRICT hereby agrees to indemnify, defend, save and hold harmless the COUNTY from all claims , demands liabilities , and suits of any nature arising out of, because of or due to any intentional and/or negligent act or occurrence, omission, or commission of the SCHOOL DISTRICT, its agents , or employees , arising out of this contract or the work which is the subject hereof. It is specifically understood and agreed that this indemnification clause does not cover or indemnify the COUNTY for its own negligence . 13 . Jurisdiction . This agreement is governed by and construed in accordance with the laws of the State of Florida. 14 , Entire Agreement. This document incorporates and includes all prior negotiations , correspondence , conversations , agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments , agreements or understandings concerning the subject matter of this agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written . It is further agreed that no modification, amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity wherewith. Page 5 of 7 15 . Notices. Any of all notices (except invoices) given or required under this agreement shall be in writing and either personally delivered with receipt acknowledgement or sent by certified mail, return receipt requested . All notices delivered shall be sent to the following addresses : If to the COUNTY : Indian River County Public Works Department 1840 25th Street Vero Beach, Florida 32960-3365 Attn : James W . Davis , P . E . , Public Works Director If to the SCHOOL DISTRICT : School District of Indian River County 1990 25 �h Street Vero Beach, Florida 32960 Attn : Dr. Dan McIntyre , Facilities Director [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] Page 6 of 7 IN WITNESS WHEREOF , the SCHOOL DISTRICT has caused this Interlocal Agreement to be executed in its behalf this 25th day of January, 2005 by the School DISTRICT and Indian River County has executed this agreement through its Chairman, DISTRICT of County Commissioners, this 4th date of January, 2005 . This agreement shall be filed with the Clerk of Circuit Court of Indian River County pursuant to Fla. Stat. 163 . 01 ( 11 ) , effective nunc pro tunc March 1 , 2004 . SCHOOL DISTRICT OF INDIAN RIVER COUNTY INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS bksl "", 4 -, &ef�� Bill Hu"ailirperson Thomas S . Lowther, Chairman Approved by BCC January 4 , 2005 Wi e b . Attest : Thomas B . Maher, Superintendent Jeffrey K. Barton, Clerk of Circuit Court of Schools and Secretary to the ; ry1,�WYiSkWlJ rpct School Board of Indian Riv r Co •_ - 13 Wy �t1ry�d' . fL 1071001 County Attorney DeP : Q44 `(Approved as to Form and Legal Sufficiency) j, 46 Nr s7� • • rlg1 ! y •'• �llN � . , ►n ►rtis ►:°w W op 41r J ph A . it , County Administrator Indian River County Ap&roved Date Administration Budget Legal Risk Management Department Head Page 7 of 7 1 • 1 ' 1 1 1 1 / 1 1 1 1 1 1 1 r 1 •1 : 1 1 1 ' 1 / U1491,1 1 ' 1 1 : rr r r • r r r 1 • r 1 r / / • r . . 1 lA t �r � � i 31 C - 168j 1111 11111 1� Iii � j 1673 it r � �� 1. - . tl•1� I� � . . ala - 1 � � . 1 , 1 til 21 -40AN Aj 10 ed d 22 OV-44 a 33 i.:. ► �` ar. � I .rs:::: u J 1 . 1 t L � � � . � � - • � - ■ [� i 151• � � 0}::�J .i • :i V }� � t Nall"`� ® 1 t v a - • 1 • r 1 is 1 p � a• �� I� 7Li7 I/r �� =ice. 1 1 1 :tet •. h!_ �� Exhibit " B " Fuel Surcharge Annual Complex Cost* $269175 Annual Fuel Consumption (gallons )" 8529840 Renewal & Replacement Surcharge Per Gallon $ 0 . 031 Annual Operating*** Personnel $ 17 ,428 G &A 1 , 887 Software Maint. 425 Office Supplies 425 Filters , Parts , etc . 21590 Electricity 0 Total Annual Operating $229754 Annual Fuel Consumption (gallons)** 852 , 840 Operating Cost Surcharge Per Gallon $0 .027 Total Surcharge Per Gallon $0 .058 * Assume cost of $330, 069. 72 for fuel tanks depreciated straight line over 15 years, cost of $ 125, 105. 00 for paving and underground equipment depreciated straight line over 30 years, for a total cost of $455, 174. 72. ** Includes County, Sheriff, and School Board Vehicles, FY 02/03. *** Operating costs ars based upon historical amounts for the old County fleet complex. They -have been-adjusted to -reflect increased -costs proportionate -to- the-rncreased usage Fuel Depot Charge 7/23/2004