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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 }_;,:.:- .(\r~;\:. .-'-.-!.~ "'",:,_, \\"::--3 .t.." . ~ ~;i1.;~ii .~~~. ,?):,;j. ; KOLHAGE, Clerk B!!J.;:~-Ju Deputy Clerk Yes Yes Yes Yes Yes BOARD OF COUNTY COMMISSIONERS MUNICIPAL SERVICES TAXING DISTRICT 6 ~ By Mayor/Chairm MONROE COUNTY ATTORNEY APPROV AS TO FORM: , M. GRIMSLE COUNTY ATTORNEY 7- .)....;>-0 q :r ...... 0 = -., a = z ;e .... 0 r- ;1:10::;;:: >T1 or-""'- ("") C.:I P';3::-:: -I c). r "TJ 0("'";\' CO C) S:::r.::--~:: :;'7 ;~~ ~':_~ " :;A) :x ,." ~ D ~1 .' 0 C" r " ~;:J ::> /"T': ~ Cl C 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~ ~ ~T~ ~, RESIDE ~(r4.~-/~Ao~,_ ) CI.ERK (CORPORATE SEAL) A -TEST: ;:,,:;-v Au. EC ETARY APPROVED AS TO FORM AND LEGAL SUFFICIENCY ~~ COUNTY ATTO S OFFICE ~ OY,~crv ~,2~~E (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