Resolution 2018-122 RESOLUTION NO. 2018 - 122
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AUTHORIZING ITS CHAIR TO
EXECUTE INTERLOCAL AGREEMENTS WITH LOCAL
GOVERNMENTS, INDEPENDENT FIRE DISTRICTS AND OTHER
FIRST RESPONDER AGENCIES FOR RE-FUELING DURING
WILDFIRES WITHOUT FURTHER BOARD ACTION.
WHEREAS, the Board of County Commissioners (Board) serves as the provider of fuel
of last resort on the site of wildfires; and
WHEREAS, the attached standard form Interlocal Agreement for Re-fueling establishes a
mechanism and protocol to assure timely payment is made to Collier County for fuel used; and
WHEREAS, it is anticipated that local governments, independent fire districts and other
first responder agencies will be users of such fuel; and
WHEREAS, it is in the public's interest and to the public's benefit if the Board of County
Commissioners authorizes its Chair to administratively execute Interlocal Agreements for Re-
fueling as they are brought forward by Staff and approved by the County Attorney's Office for
form and legality without further Board approval or action after execution by first responder
agencies.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS, COLLIER COUNTY, FLORIDA, that:
1. The above recitals are adopted by the Board as being true and accurate and as such, are
hereby incorporated herein as if fully set out in in this Paragraph.
2. Its Chair is authorized to administratively execute Interlocal Agreements for Re-fueling
in substantially the form attached hereto as Exhibit "A" as they are brought forward by
Staff and approved by the County Attorney's Office for form and legality without further
Board approval or action after execution by first responder agencies.
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THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring
same this day ofA,v\ , 2018.
ATTEST: CRYSTitijI KINZEL, BOARD OF CO TY COMMISSIONERS
,�I►t`TERim.CL Iid� COLLIER JUN ' , FLORIP
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By:
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Deputy` ler Andy Solis,Chairman
Attest as to Chairman's
signature only. -
Approved as to form and legality:
Jenner A. Belpedio
Assistant County Attorney c. \`b
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EXHIBIT "A"
STANDARD FORM
INTERLOCAL AGREEMENT FOR RE-FUELING
Between Collier County and
This Agreement for Re-fueling (Agreement) is made and entered into this , day of
, 20 (effective date) by and between Collier County, as the provider of
fuel of last resort, and ("User" or "Agency"), as the user of
fuel on the site of wildfire operations, collectively (the "Parties").
WITNESSETH
In consideration of these premises, the sum of Ten Dollars ($10.00), and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it
is agreed by and between the Parties as follows:
1. This Agreement is entered into pursuant to the provisions of the Florida Interlocal
Cooperation Act of 1969, set forth in §163.01,et seq.,Fla. Stat.,and is further authorized pursuant
to the parties' respective home rule powers or other powers granted by the Florida Constitution or
general law.
2. Collier County shall be a provider of.fuel of last resort. User should make a good faith
effort to establish commercial accounts to meet the needs of their jurisdiction as well as those of
incoming mutual-aid resources assisting the respective Independent Fire Districts.
3. Request for emergency refueling by Collier County shall be reported to the Collier County
Director of Emergency Management or designee. Request for Emergency Management assistance
after hours shall be made through the Collier County Sheriff's Office 911 Center. The Director of
Emergency Management or designee will evaluate the request and make contact with Collier
County's Fleet Management for deployment.
4. User is required to submit an open purchase order to Collier County's Department of
Emergency Management on March 1St annually of each year for fuel expenses against which fuel
expenses will be invoiced. The amount of the Purchase Order may be minimal, for example
$10.00, to provide a placeholder for an undeterminable future event.
5. Collier County will only charge for fuel at its wholesale or governmental entity cost.
Collier County will not charge for the services of the re-fueling vehicle or its operator. Fuel will
be commercial grade "regular unleaded" fuel as well as "red-dye" diesel.
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6. In all cases the User, as the authority having jurisdiction, will be responsible for all costs
including those of its respective local district assets and resources as well as those costs associated
with all mutual aid resources assisting that authority having jurisdiction. No billing will be
conducted by Collier County to the in-county or out of county mutual aid organizations. Collier
County will not seek Fire Management Assistance Grants or the Stafford Act under the Federal
Emergency Management Agency's guidance and eligibility for reimbursement of future fuel
purchases except on behalf o Collier County owned assets. Terms are net 30 days to the
jurisdiction requesting re-fueling supplies and delivery resources.
7. Each User shall provide from the requesting fire department an officer at the re-fueling site
to co-sign each stamped fuel ticket and compile a corresponding fuel log,co-signed by either the
County fuel truck operator or a member of County Emergency Management staff. An invoice will
be generated from said stamped tickets and sent to the requesting fire department for payment in
full against the Purchase Order on file. Terms are net 30. dys. Sample Fuel Ticket and Sample
Fuel Log are attached.
8. Should Collier County acquire the electronic capability to accept another governmental
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agencies Purchasing Card, those services m4 be utilized aslong as Collier County is not charged
any handling or fee charges for the use of such Purchasing Cards, Pump stamped tickets and a
corresponding fuel log as described above are still required. An'invoice will be generated from
said stamped tickets and sent to<<the requesting fire;department for both in-county and out-of-
county mutual aid resources without challenge with payment in full against the Purchase Order on
file. Terms are net 30 days.
9. Collier County may elect at its discretion the use of its automated pump and fuel dispensing
system atfixed sites,by the issuanceof certain''programkey fob devices. Should those devices
be used, the Agency;using those devices is responsible for payment for fuel dispensed to the
Agency or in-county or out-of-county mutual aid resource, without challenge. Terms are net 30
days.
10. This Agreement shall be valid for a period of three years with (3) one-year automatic
renewals, with a 60-day written notice of termination by either party.
11. If User is an Independent Fire District, rights to this Agreement may be transferred should
User merge or consolidate with a previously named Independent Fire District. However; an annual
purchase order must be submitted for fuel services to be rendered by Collier County.
12. Collier County shall not be liable,under any circumstance,for the failure or delay to deliver
fuel under the terms of this Agreement.
13. User shall indemnify and save harmless Collier County, from any loss or damages User
may suffer as a result of claims,suits,demands,damages,losses,fines,penalties,interest,expenses
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costs or judgments, including attorneys' fees and costs of litigation, arising out of User's use of
fuel as set forth in this Agreement.
14. All notices required under this Agreement shall be directed to the following offices:
For the County: Office of the County Manager
3301 East Tamiami Trail
Naples, Florida 34112
For the User:
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15. This Agreement is solely for the benefit of Parties ereto, and their successors in
interest, or assigns, and no right or cause of actions ' crue up o ..y reason hereof, to or for
the benefit of any third party not a party hereto
16. This Agreement shall be govern:..., and construed under the laws of the State of Florida.
The parties further agree that all disputes unt "s. I�lie resolved exclusively in state or federal court in
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having jurisdiction over Collier Co :
17. This Agreement shall:,be binding:u the I arties hereto, and their successors and assigns.
18. Thi eement is the entire agree t betwee the Parties and contains all the terms
agreed Agreement may only be g.ed by a writing signed by both parties. The
Count$'' 14. record this Agreement at its sole est in the Public Records of Collier County.
IN "<,.:<,a E ;WHEREOF, - s have executed this Agreement on the date and
year first above written.
COUNTY:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CL COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk , CHAIRMAN
Approved as to form and legality:
Jennifer A. Belpedio
Assistant County Attorney
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SAMPLE FUEL TICKET
BES- 8 . •
Event Name . •
• • .
Authorized By . • • , . : • ••
In . or Out • ..of County Resource
Task Assignment . . ••• • ••
. Arrival or bepartUre . • . .• •
•
Sold to bate •
Name • . .
Address . •
PHONE.NO.
• .
TIME PAID CHARGE .
4L"t0' . • •
DISTRIBUTOR BALES MAN• RECEIVED PAYMENT
•
DELIVERY RECEIVED
;*",,, • . CUSTOMEWSSIGN•ATURE
YOUR.GALE NO. I. .END DEL;IVE931 •
. , . .
•
• .
. . : , • . •.• . . .
. • • . .
. . _ •
. . . .
. . . . .
.• .
:PREVIOUS SALE NO.."..•••• , START DELTVERY •
I .
AUTOMATICALLY PRINTED - • .•
TO INSUREYOU OF ACCURACY . •IOTAL
• INSERT'FACEDOWN::: 111PP THIS'END=OIFIST •
N 4553 , GNC SOLUTIONS 828-429-0640 • •
SAMPLE
Collier County Emergency Re-fueling Log
For OJflc
Event Page Number
Fueling Team.
Fire Official Emergency M.gmt Rep. Flee
Department Phone: Re-fueling
;Date Tune. ;AgencyJAppratus Number fBES Ticket# ?Mileage ;Unleaded (Diesel 'License Plate Conemei
•
Total, :.„.F I I .t.
APPROVED: NOTES: