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Home My WebLink AboutDocumentation_Regular_Tab 16_4/9/2026 Agenda Item #160 Regular Council A-1 STAFF MEMO Meeting: Regular Council - Apr 09 2026 Staff Contact: John McLoughlin Department: Fire Consider Approval of Memorandum of Understanding with Martin County Fire Rescue (MCFR) for the Purchase of Fuel for Authorized MCFR Vehicles This agreement grants MCFR anon-exclusive right to purchase fuel solely to the extent fuel and Village staff are available at the Village's facility at the time of purchaser's request. Village makes no representation, warranty, or commitment that fuel will be available at any particular time or in any particular quantity, and Village shall have no obligation to supply any minimum, maximum, or fixed quantity of fuel under this agreement. All fuel purchases hereunder are subject to Village's availability, operational constraints, and Village's sole discretion, including Village's right to allocate fuel for its own use or to suspend sales for any reason. To facilitate the sale of fuel the Village shall grant MCFR access to the Village fuel depot for the sole purpose of fueling authorized MCFR fire apparatus and support vehicles. This document and any attachments may be reproduced upon request in an alternative format by completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561- 768-0443. BUDGET INFORMATION: BUDGET AMOUNT N/A AMOUNT AVAILABLE N/A EXPENDITURE AMOUNT: N/A FUNDING SOURCES: N/A IS THIS A PIGGYBACK: ❑ Yes ❑ N/A DID YOU OBTAIN 3 QUOTES? ❑ Yes ❑ N/A COMMENTS/EXPLANATION ON SELECTIONN/A MCFR Fuel Agreement v1 FINAL.ada Page 683 of 1201 Agenda Item #16. MEMORANDUM OF UNDERSTANDING Between Martin County, FL/Martin County Fire Rescue and The Village of Tequesta, FL/Tequesta Fire Rescue This Memorandum of Understanding ("MOU") is entered into by and between Martin County, Florida, a political subdivision of the State of Florida, on behalf of Martin County Fire Rescue ("MCFR"), and the Village of Tequesta, Florida, a municipal corporation of the State of Florida, on behalf of Tequesta Fire Rescue ("Village"). MCFR and the Village may be referred to individually as a"Party" and collectively as the "Parties." I. PURPOSE The purpose of this MOU is to establish the terms and conditions under which MCFR may utilize the Village's fuel depot located at the Tequesta Public Safety Building within the Village of Tequesta, Florida ("Fuel Depot") for the purchase of fuel for authorized MCFR vehicles. This MOU is entered into pursuant to Section 163.01, Florida Statutes (Florida Interlocal Cooperation Act), and is intended to promote intergovernmental cooperation and operational efficiency in the delivery of public safety services. II. FUEL DEPOT ACCESS AND USE A. Authorization This agreement grants MCFR anon-exclusive right to purchase fuel solely to the extent fuel and Village staff are available at the Village's facility at the time of purchaser's request. Village makes no representation, warranty, or commitment that fuel will be available at any particular time or in any particular quantity, and Village shall have no obligation to supply any minimum, maximum, or fixed quantity of fuel under this agreement. All fuel purchases hereunder are subject to Village's availability, operational constraints, and Village's sole discretion, including Village's right to allocate fuel for its own use or to suspend sales for any reason. To facilitate the sale of fuel the Village shall grant MCFR access to the Village fuel depot for the sole purpose of fueling authorized MCFR fire apparatus and support vehicles. B. Authorized Personnel Page 684 of 1201 Agenda Item #16. Access shall be limited to MCFR personnel and vehicles designated in writing by MCFR. Fuel sale shall require a signature from Martin County Fire Rescue authorized personnel. C. Operational Compliance MCFR personnel shall comply with all Village safety policies, operational procedures, and security requirements applicable to the Fuel Depot. D. Maintenance The Village shall maintain the Fuel Depot equipment in good working order. MCFR shall immediately report any equipment malfunction, fuel spills, or damage observed during use to the Village. III. FUEL PRICING AND PAYMENT A. Fuel Rate MCFR shall purchase fuel at the Village's actual acquisition cost per gallon, defined as the exact rate paid by the Village to its fuel supplier, without markup. B. No Additional Fees No administrative surcharge or additional fee shall be imposed unless mutually agreed upon in writing by both Parties. C. Invoicing The Village shall provide MCFR with a monthly invoice itemizing: • Total gallons dispensed • Per-gallon acquisition cost • Total amount due D. Payment Terms MCFR shall remit payment within thirty (30) days of receipt of invoice. All outstanding balances shall be satisfied in full monthly. IV. TERM AND TERMINATION A. Term Page 685 of 1201 Agenda Item #16. This MOU shall become effective upon execution by both Parties and shall remain in effect until terminated as provided herein. B. Termination for Convenience Either Party may terminate this MOU anytime without cause. C. Final Payment Upon termination, MCFR shall remit payment for any outstanding fuel charges within thirty (30) days of receipt of final invoice. V. RECORDS AND AUDIT The Village shall maintain accurate records of all fuel dispensed to MCFR. Both Parties shall retain records in accordance with Florida public records laws and applicable retention schedules. Each Party shall have the right to inspect relevant records upon reasonable notice. VI. LIABILITY AND IMMUNITY Nothing in this MOU shall be construed as a waiver of sovereign immunity or the limitations of liability set forth in Section 768.28, Florida Statutes. Each Party shall be solely responsible for the acts and omissions of its own officers, employees, and agents. MCFR shall at all times indemnify, defend and hold harmless the Village, its agents, servants, and employees, from and against any claim, demand, or cause of action of whatsoever kind or nature, arising out of error, omission, negligent act, conduct, or misconduct of the MCFR, its agents, servants, or employees in the performance of services under this agreement. In the event MCFR damages the Village Fuel Depot MCFR shall be responsible for all costs associated with returning the facility back to its original pre-damage condition. VII. INSURANCE Each Party shall maintain insurance coverage or self-insurance in accordance with Florida law applicable to governmental entities. VIII. NOTICES All notices required under this MOU shall be in writing and delivered by hand, certified mail, or recognized courier to the County Administrator and Village Manager, or to such other designee as may be provided in writing Page 686 of 1201 Agenda Item #16. IX. AMENDMENTS This MOU may be amended only by written instrument executed by both Parties. X. ENTIRE AGREEMENT This MOU constitutes the entire understanding between the Parties concerning the subject matter herein and supersedes all prior negotiations or agreements. X. ASSIGNMENT MCFR shall not transfer or assign the provision of services called for in this Agreement without prior written consent of the Village. XI. SEVERABILITY If any provision of this MOU is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. EXECUTION IN WITNESS WHEREOF, the Parties hereto have caused this Memorandum of Understanding to be executed by their duly authorized representatives. MARTIN COUNTY, FLORIDA On behalf of Martin County Fire Rescue By: Name: Title: Date: ATTEST: VILLAGE OF TEQUESTA, FLORIDA On behalf of Tequesta Fire Rescue Page 687 of 1201 Agenda Item #16. By: Name: Title: Date: ATTEST: Page 688 of 1201