Resolution 274a-2006
RESOLUTION No. 274a. 2006
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY FLORIDA
PROVIDING THAT THE FIRE RESCUE SERVICE
AGREEMENT DATED OCTOBER 7, 1992 BETWEEN
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AS GOVERNING BOARD FOR
MUNICIPAL SERVICES TAXING DISTRICT 6 AND THE
KEY LARGO VOLUNTEER FIRE DEPARTMENT, INC., AND
ALL ADDENDA THERETO, IN ACCORDANCE WITH
SECTION 2 OF SAID AGREEMENT, BE TERMINATED
EFFECTIVE MIDNIGHT SEPTEMBER 30, 2006; PROVIDING
AN ALTERNATIVE TERMINATION DATE IF NECESSARY.
WHEREAS, On October 7, 1992, the Board of County Commissioners of Monroe County,
Florida approved a new basic service agreement (Agreement) with Key Largo Volunteer Fire Department,
Inc; and
WHEREAS, Said Agreement has been amended from time to time smce inception, and is
currently on a month-to-month basis; and
WHEREAS, The Key Largo Fire and EMS District (District) was created on June 8, 2005, the
effective date of the bill that created it, and a referendum was held for the purposes of taxation and
election of a governing board; and
WHEREAS, Although the Key Largo Fire and EMS District existed and had a governing body as
of October 4,2005, it had no money and borrowed funds from the County to begin operation; and
WHEREAS, the District elected to continue functioning with the existing service agreements
with the County until the official transition by Interlocal Agreement (ILA) between Monroe County and
District, which should be effective October 1,2006; and
WHEREAS, Section 2 of the Agreement allows termination of the Agreement without cause by
giving thirty (30) days written notice; and
WHEREAS, On July 25, 2006, in order to comply with the terms of the Agreement, a written
notice was sent by Fire Chief Clark Martin to Key Largo Volunteer Fire Department, Inc. stating the
intent of the County to terminate the agreement as of midnight September 30, 2006, contingent upon
approval of the Board of County Commissioners acting as the Board of Governors of District 6;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. That the fire rescue service agreement dated October 7, 1992 between Monroe County
Board of County Commissioners as Governing Board for Municipal Services Taxing District 6 and the
Key Largo Volunteer Fire Department, Inc., and all addenda thereto, in accordance with Section 2 of said
agreement, be terminated effective midnight September 30, 2006.
Section 2. That in the event the transition ILA is delayed, the Agreement shall terminate on the
day the ILA is approved.
Section 3. That a copy of this document shall be furnished to the President, Key Largo Volunteer
Fire Department, Inc.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
at a regular meeting of said Board held on the ---1/ o~ day of AMbl<Sl , A.D., 2006.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Dixie M. Spehar
Commissioner George Neugent
District Mario DiGennaro
. '~;,':'o'0'~{:ommissioner Glenn Patton
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.~~~. ,?):,;j. ; KOLHAGE, Clerk
B!!J.;:~-Ju
Deputy Clerk
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BOARD OF COUNTY COMMISSIONERS
MUNICIPAL SERVICES TAXING
DISTRICT 6 ~
By
Mayor/Chairm
MONROE COUNTY ATTORNEY
APPROV AS TO FORM:
,
M. GRIMSLE
COUNTY ATTORNEY
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Key Largo Volunteer Fire Department, Inc.
CONTRACT AGREEMENT ADDENDUM dated September 21,1995
THIS ADDENDUM TO CONTRACT AGREEMENT, made and entered into this 21st day of
Septchiber, 1995 a,d., by and between the Board of County Commissioners, Monroe County, Florida, on behalf of
the Municipal Services Taxing District #6, and Key Largo Volunteer Fire Department, Inc., a not-for-profit Florida
Corporation in order to amend the contract agreement between the parties dateq October 7, 1992, as follows:
The term of the AGREEMENT, as stated in Section 1, shall be amended to read as follows:
I. The term of this agreement shall commence as of the 1st day of October, 1992, and expire on the 31st
day of January, 1996.
The termination of this AGREEMENT, as stated in Section 2, shall be amended to read as follows:
2. This AGREEMENT may be terminated by either of the two parties without cause, upon not less than
30 days written notice to the other.
I n all other rcspects, the Contract Agreement between the parties dated October 7, 1992 remains in full force
and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Contract Agreement Addendum to be
., executed the day and year first above written.
BOARD OF COUNTY COMMISSIONERS,
MONROE COUNTY, FLORIDA ON
BEHALF OF MSTD NO.6
cr~~'f~Y<<.v
YOR
(Sr.'\L)
Attest: Danny 1. Kolhage, Clerk
KEY LARGO VOLUNTEER FIRE
DEPARTMENT'IN~ ~
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RESIDE
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CI.ERK
(CORPORATE SEAL)
A -TEST:
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EC ETARY
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY
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COUNTY ATTO S OFFICE
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(305) 294-4641
(,.-...,.--
OFFICE of
EMERGENCY SERVICES
49063" Street
Marathon, FL 33050
PHONE: (305) 289-6010
FAX: (305) 289-6336
July 25,2006
Christopher Fleming
Key Largo Volunteer Fire Department, Inc.
P.O. Box 782
I East Drive
Key Largo, FL 33037
Dear Mr. Fleming,
WRITTEN NOTICE
BOARD OF COUNTY COMMISSIONERS
Mayor Charles "Sonny" McCoy, District 3
Mayor Pro Tem Dixie M. Spehar, District 1
George Neugent, District 2
David P. Rice, District 4
Glenn Patton, District 5
This is written notice that fire rescue service agreement dated October 7, 1992, and all
addenda thereto, will be terminated effective midnight September 30, 2006, contingent
upon approval by the Board of County Commissioners of Monroe County Florida.
If you have any questions, please feel free to contact me.
Sincerely,
c~~~
Fire Chief/Director, Emergency Services