HomeMy WebLinkAboutCB Mutual Aid Agreement 1998 _
_
WJTUAL AID AGREFAIENT
- THIS AGREEMENT is ma.de this 15th day of September , 1998, by and between
the CITY 43F CAPE CANAVERAL, FLORIDA, a Florida Municipal Corporation, and the
crrY OF COCOA BEACH, FLORIDA, a Florida Municipal Corporation, 'sets forth the
terms and conditions under which the parties may provide mutual aid to each other by lending
certain equipment defined herein.
WHEREAS, the parties are governmental entities organized and operating under the laws
of Florida; and
WHEREAS, each party owns a variety of Equipment with an accompaniment of
accessories; and •
WHEREAS, from time to time, one party may have a need to borrow the Equipment of
the other party under unusual, limited, or emergency circumstances and for short periods of time;
1 and
WHEREAS, the parties mutually agree to allow each other the ability to borrow its
Equipment under the terms and conditions stated herein; and
1
WHEREAS, it is the intent and purpose of this Agreement to provide reciprocal benefits
to both parties, as either a Borrower or Lender as the case may be; and
WHEREAS, it is also the intent and purpose of this Agreement to encourage a spirit of
cooperation between the parties for purposes of providing limited assistance to the unusual and
1 emergency Equipment needs of the parties; and
WHEREAS, the parties believe that this Agreement is in the best interests of the public
1 health, safety, and welfare of the citizens of Cape Canaveral and the citizens of the City of Cocoa
Beach.
NOW THEREFORE, for good =I valuable consideration ht which the parties agree has
been exchanged, and for the mutual promises contained herein, the parties agree as follows:
i •
1: Recitals. The foregoing recitals are true and correct and incorporated herein by
reference.
1 •
2. nth/0ms. The following words and phrases contained in this Agreement shall
have the meaning ascribed in this section unless the context clearly indicates otherwise.
2.1 "Agreement" shall mean this Mutual Aid Agreement, as amended from time
to time, and any and all Certificate of Acceptances approved and executed by the parties pursuant
to this Agreement.
•
1
2.2 "Borrower" shall mean either party to which Equipment is .loaned under
this Agreement.
2.3 "Certificate of Acceptance" shall mean a document executed by the parties
which sets forth the basic terms of an Equipment loan transaction in accordance with this
Agreement and states, at a minimtun, the date the piece(s) of Equipment is accepted by Borrower,
the date the Borrower must return the piece(s) of Equipment to the Lender, the description (e.g.
serial number, type) of the piece(s) of Equipment borrowed, the authorized signatures of both the
Borrower and Lender which approve the transaction, and a description of any known deficiencies
or damage of the piece(s) of Equipment borrowed. An example of which is attached hereto as
Exhibit "A ".
2.4 "Equipment" shall include, but not be limited to, bucket truck, front -end
loader, grader, backhoe, dewatering equipment, sewage pump, pick -up truck, dump truck,
lighting trailer, portable welder, sewer camera truck, sewer jet truck, forklift, boom truck,
equipment truck, slope mower, bush hog, tractor, wood chipper, mud hog, street sweeper, and
any other similar piece of utility equipment and related accessories owned by a party subject to
this Agreement.
2.5 "Lender" shall mean either party from which Equipment is borrowed under
this Agreement.
3, . This Agreement shall be considered an Interlocal Agreement
pursuant to Section 163.01, Florida Statutes.
4. T,43 . Borrower may request to borrow Equipment from the Lender
} pursuant to the following procedure:
°$ 4.1 Request. Borrower agrees that it shall only request Equipment from the
Lender under limited, unusual, or emergency circumstances. Borrower also agrees to provide
reasonable notice to the Lender at such time it is requesting to borrow Equipment from the
Lender. Upon receipt of a notice to borrow Equipment, the Lender shall, in good faith and within
a reasonable time, notify the Borrower whether it can lend the Equipment, requested. The decision
to lend Equipment shall be at the sole discretion of the Lender. If Lender agrees to lend
Equipment to the Borrower, the Lender shall prepare a Certificate of Acceptance to be executed
by each party at the time the Equipment is accepted by the Borrower pursuant to paragraph 4.2
of this Agreemlent.
4.2 rick.up. Borrower agrees to make all necessary arrangements, at its own
cost and expense, to promptly pick -up and transport the borrowed Equipment from whatever
Location designated by the Lender. At pick -up. the Borrower shall inspect the borrowed
Equipment and (a) if fully satisfied therewith, execute the Certificate of Acceptance, or (b) notify
Lender of the unacceptability of the borrowed Equipment, whereupon Lender shall not have any
2
-2
responsibility to lend the Equipment requested.
4.3 Ream. Borrower shall return, at its own cost and expense, at the
expiration of any Certificate of Acceptance executed by the parties pursuant to this Agreement,
at the same locatioo in which the borrowed Equipment was picked -up or any other location
A mutually agreed to by the parties, the borrowed Equipment in good operating condition as required
by Section 5.1 of this Agreement. If upon such expiration, the Borrower does not, immediately
return the borrowed Equipment to the Lender, the Lender shall have the right to access any
property to retrieve the borrowed Equipment at Borrower's sole cost and expense. If Lender
requires, for any reason whatsoever, any borrowed Equipment to be returned prior to the
expiration of any Certificate of Acceptance, Borrower shall return the borrowed Equipment to
Lender as the Lender requests in its sole discretion and pursuant to paragraph 4.3 of this
Agreement.
ti
5. Maintenance. mod, Qpe atiM and Alterations. Borrower agrees to maintain,
and use, any Equipment borrowed from Lender as follows:
5.1 Maintenance. While Borrower is in possession of Lender's Equipment,
Borrower, at its own cost and expense, shall maintain that Equipment in good operating condition,
repair, and appearance, and protect same from deterioration other than normal wear and tear.
5.2 Operation. Borrower shall use the borrowed Equipment in the regular
course of its business only, within its normal capacity, without abuse, and in a manner
contemplated by the Equipment manufacturer.
5.3 Entjaai. Borrower agrees to return the borrowed Equipment to
the Lender with fuel and lubrication levels equal to or greater than, those levels at the time
l Borrower took possession of the borrowed Equipment.
5.4 fender Operation. If Borrower requests that Lender supply its own
employee to operate the borrowed Equipment, Lender agrees to provide the operator at no cost
for a maximum of three (3) hours; however, for all time beyond three (3) hours, Borrower agrees
to pay to the Lender $20.00 per hour for the use of an operator during normal working hours and
$30.00 per hour for the use of an operator during other hours. Borrower's use of an operator
supplied by the Lender shall be limited to four (4) incidents annually, unless otherwise agreed to
by the Lender for emergency and unusual circumstances.
6. Ate. Borrower shall not make any replacements, modifications, alterations
or additions to the borrowed Equipment without the written consent of the Lender, except for
repairs and maintenance pursuant to paragraph 5.1 of this Agreement. All replacements,
modifications, alterations. or additions shall accrue to the borrowed Equipment and become the
property of the Lender and shall be conducted in accordance with the manufacturer's
recommendations and contract, if any
3
3
a
•
7. Trained Perso I el. Borrower agrees that it shall only permit its employees to
operate Lender's Equipment in the normal course of the Borrower's business and that all
employees using the borrowed Equipment shall have proper training and experience in operating
the Equipment
8. Loss, Theft, or Vandalism. In the event of loss, theft, or vandalism to any
borrowed Equipment, in whole or in part, the Borrower shall promptly notify the Lender and at
the Lender's option shall:
(a) If the Lender determines that the borrowed Equipment is repairable,. place"
the Equipment in good condition and working order; or
(b) If the Lender determines in its discretion that the borrowed Equipment is
beyond repair, the Borrower shall replace the Equipment with like Equipment in
good condition and working order and furnish the Lender with necessary
documents to vest good and marketable title thereto in the Lender; or pay to the
Lender, within forty -five (45) days of notification, a sum equal to the fair market
value of the borrowed Equipment at the time the Borrower took possession of the
borrowed Equipment.
9. Warranties. The Lender makes no warranty, directly or indirectly, express or
implied, as to any piece of borrowed Equipment or any part thereof, as to its durability, condition, merchantability, or fitness for a particular purpose.
10. Indemnifleadon. Lender shall in no way be liable or responsible for any accident
or damage that may occur in the operation, repair, or maintenance by Borrower of any Equipment
borrowed under this Agreement, and Borrower shall fully indemnify, defend and hold harmless
4 the Lender and its employees and officers against the full amount of any claims, liabilities,
actions, suits, proceedings, payments, assessments, judgments, losses, damages, costs and
expenses (including interest, penalties and reasonable attorney's fees) claimed against Lender in
any way arising out of the operation, repair, storage, possession, transportation, and maintenance
of any of Lender's Equipment by Borrower and its servants, agents, officers, or employees.
11. Sovereig Immunity. Nothing contained in this Agreement shall be construed as
a waiver, by either party, of the right to sovereign immunity or other limitations imposed by
Section 768.28, Florida Statutes.
12. jammance. The parties agree to obtain and maintain throughout the term of this
Agreement, insurance coverage to cover, at each party's own cost and expense, any risks of loss,
theft, or damage from every cause whatsoever to any Equipment borrowed under this Agreement
while such Equipment is under Borrower's control and possession. In addition, such insurance
shall also cover the liability of each party for public liability and property damage for any incident
occurring as a result of a party's use of the other party's Equipment.
4
3
13. Entire Agreemiept. This Agreement represents the errt and integrated Agreement
between the parties and supersedes all prior negotiations, representations, or agreements, either
oral or written, and all such matters shall be deemed merged into this Agreement.
14. Attorneys Fees and Cam., Should litigation arise concerning this Agreement
between the parties hereto, the prevailing party shat( be entitled to an award of attorney's fees and
costs against the non- prevailing party, including appellate proceedings.
15. C, vernine Law and Venue. This Agreement shall be governed by the laws of the
State of Florida. The parties hereto agree that for purposes of state court action, venue shall lie
within Brevard County, Florida, and for purposes of federal court action, venue shall lie within
Orlando, Florida.
16. SeverabiIity. If any section, subsection, sentence, clause, phrase, or portion of
this Agreement is, for any reason, held invalid or unconstitutional by a court of competent
jurisdictidn, such portion shall be deemed a separate, distinct, and independent provision. Such
holding shall not affect the validity of the remaining portions of this Agreement.
17. Notices. All notices, consents, requests, instructions, approvals, deliveries of
invoices and receipts and other comiinunications provided for herein shall be validly given in
writing, or as otherwise provided, if to the City of Cape Canaveral, to
Cape Canaveral Public Works Director
600 Tower Boulevard
Cape Canaveral, Florida 32920
•
and if .to City of Cocoa Beach, to:
Cocoa Beach Public Works Director
1600 Minutemen Causeway
Cocoa Beach, Florida 32931
18. Waiver. Failure of the one party to insist upon performance by the other party of
provision contained in this Agreement within
any P gr any time period shall not act as a waiver of the
one party's right to later claim a failure to perform on the part of the other party.
19. Title to Equipment. Borrower agrees that the ownership of any lquipment
borrowed from the Lender shall remain the property of Lender and that Borrower shall not sell,
3 mortgage, assign, transfer, lease, loan, part with possession of, or encumber any such Equipment,
or permit any lien to be filed thereon.
•
20. lonlinatigu. Any party may terminate this Agreement, at any time and for any
reason, by providing three (3) days written notice to the other party. In the event this Agreement
5
{
is terminated; the Borrower shall promptly return any of Lender's Equipment in Borrower's
control and possession regardless of any return date contained in a Certificate of Acceptance and
Borrower shall fulfill any remaining obligations arising out of this Agreement.
21. Compitmathm. Any Equipment borrowed pursuant to this Agreement shall be at
no cost to Borrower, unless otherwise provided herein.
ATTEST: CITY OF CAPE CANAVERAL
J 4IA4 k4 By:
S ra O`'Sims, 'Y CLERK Rocky R.andels, MAYOR
ATTEST: CITY OF COCOA BEACH
4 11 _e _ By: -_••_
Lon, . Kalaghc • , CITY CLERK Jo Morg = , MAYOR
6
EIT "A"
CERTIFICATE OF ASCEPTANCE
We, the Lender and Borrower, hereby certify that the following Equipment is being loaned
pursuant to the Mutual Aid Agreement dated . between the parties hereto.
I. Borrower:
2. Lender:
3. Date of Acceptance: / /
4. Date of Return: / /
5. Description of Equipment being loaned:
1. Type(s) of Equipment:
2. Ydentification/seirlal number(s):
3. Deficiencies, if any
} AUTHORIZED SIGNATURES:
BORROWER: LENDER
Print Name: Print Name:
Dom: _ Date:
st
{
3