Sec. 122.813. - Disposal of surplus fire and rescue vehicles and equipment; mutual aid and assistance agreement.

(a) Disposal procedures. The Chief of Procurement is authorized to dispose of surplus fire and rescue vehicles and equipment that are in operable or repairable condition but that are no longer needed by the City for fire protection or emergency medical services. The Chief of Procurement may dispose of such surplus vehicles and equipment without the necessity of a public sale, in accordance with the following procedures: (1) The Chief of Procurement shall establish a minimum price for the sale of each surplus vehicle, with the advice of the Chief of Fleet Management, and a minimum price for the sale of any other surplus item, with the advice of the Director of Fire and Rescue. The minimum price shall be based on the national industry standard and recent sales of similar vehicles in comparable condition and/or manufacturer repurchase prices. (2) The Chief of Procurement shall notify the Second, Third, Fourth and Fifth Urban Services Districts and Baker, Bradford, Clay, Columbia, Flagler, Nassau, St. Johns and Union Counties and the various fire protection and emergency medical services agencies therein owned or operated by any of these counties or any municipality therein that a surplus vehicle or equipment is for sale, and he may negotiate with such of them that indicate an interest in purchasing the surplus vehicle or equipment, for the sale thereof at the best price he can obtain, but not less than the minimum price. In offering the surplus vehicle or equipment for sale, the Chief of Procurement shall negotiate first with the Urban Services Districts and the counties contiguous to Duval County and the agencies and municipalities in those counties and, if he is unable to arrive at an agreement with any of them that express an interest in the surplus vehicle or equipment, then he shall negotiate with the remaining counties and the agencies and municipalities in those counties. In addition, sales may be made to volunteer fire protection and emergency medical services units with prior approval of the chief fire protection official or other similar applicable official of the governmental jurisdiction in which the applicable unit is located. (3) When the Chief of Procurement has completed negotiations, he shall present the results thereof to the Awards Committee, which shall proceed as provided in Section 126.202 (f) for the awarding of the contract. If the Awards Committee recommends any of the negotiated agreements to the Mayor, who subsequently authorizes the award, the purchaser shall execute the agreement required by subsection (b) of this Section, which agreement shall recite, in addition to the provisions required by subsection (b) of this Section, the sale price and other consideration for the purchase and transfer of the surplus vehicle or equipment being sold. Otherwise, the Chief of Procurement shall continue negotiations until an award is made or until he certifies that no sale can be negotiated, as provided in subsection (c) of this Section. (b) Mutual aid and assistance agreement. If the Mayor authorizes the award of a negotiated agreement, the purchaser of the surplus vehicle or equipment being sold shall, if it is a public agency as defined by F.S. § 163.01, execute an interlocal agreement, as provided for in F.S. Ch. 163, Pt. I, and, if it is not a public agency as defined by F.S. § 163.01, execute an agreement similar in form and contents to an interlocal agreement, for mutual firefighting or emergency medical services aid and assistance between the City and the purchaser. The agreement shall contain such provisions for the mutual firefighting or emergency medical services aid and assistance as may be agreed upon by the City and the purchaser; for this purpose, the Director of Fire and Rescue is authorized to join and assist the Chief of Procurement in that portion of the negotiations relating to the aid and assistance provisions of the agreement. The agreement may provide for any or all of the things enumerated in F.S. § 163.01, except that the City shall not agree to include in the agreement any of the following provisions authorized by F.S. § 163.01(5): (1) The creation of a separate legal or administrative entity to administer the agreement or to render the mutual firefighting or emergency medical services aid and assistance; but this shall not prevent the City and the purchaser from agreeing to use or authorize the use of a central dispatch center and other centrally located or jointly manned facilities owned or operated by either party or from agreeing to provide each other with mutual information through a centralized information center. (2) The contribution to the purchaser of any capital outlay funds or capital equipment, other than the fire or rescue vehicle or equipment which is the subject of the agreement, unless the contribution is approved by the Council. (3) Any provisions dealing with the employing, engaging, compensating, transferring or discharging of personnel; but this shall not prevent the City and the purchaser from agreeing to joint command and control of firefighting or emergency medical forces and equipment when in actual service under the agreement and to joint manning of control points and dispatch centers when necessary to fulfill the mutual aid and assistance provisions of the agreement. (4) The fixing of any rates, fees or other charges for the rendering of any mutual firefighting or emergency medical services aid and assistance, to be paid by the City to the purchaser, unless approved by the Council. The agreement may be executed by the Mayor and Corporation Secretary without the necessity of specific Council approval, except in those cases when the approval of the Council is necessary for the inclusion of an otherwise prohibited provision. (c) Failure to sell to eligible purchaser. In the event that the Chief of Procurement is unable to negotiate a successful agreement with an eligible purchaser for the sale of a surplus fire or rescue vehicle or equipment, he shall so certify and the surplus vehicle or equipment shall be disposed of at public auction. (Ord. 75-1191-510, § 1; Ord. 76-293-150, § 1; Ord. 81-201-81, § 1; Ord. 83-591-400, § 1; Ord. 85-534-283, § 1; Ord. 85-1327-691, § 1; Ord. 2002-1296-E, § 1) Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization. Note— Former § 130.213.