Loading...
1st Amendment 03/16/2011DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: March 21, 2011 TO: Fire Chief James Callahan Fire -Rescue Department ATTN. Darice L. Hayes FROM: Pamela G. Hanco*C. At the March 16, 2011, Board of County Commissioner's meeting, the Board granted approval and authorized execution of Item C 16 Amendment No. 1 to the Agreement between Monroe County and Key Largo Fire Rescue and Emergency Medical Services District. Enclosed are two duplicate originals of the above -mentioned for your handling. Should you have any questions, please do not hesitate to contact this office. cc: County Attorney via e-mail Finance File ✓ AMENDMENT NUMBER 1 TO THE AGREEMENT BETWEENMONROE COUNTY AND KEY LARGO FIRE RESCUE AND EMERGENCY MEDICAL SERVICES DISTRICT This Amendment Number 1 ("Amendment 1") is made and entered into this 16AL day oft�42011, by and between Monroe County, Florida, a political subdivision of the State of Florida ("COUNTY") and Key Largo Fire Rescue and Emergency Medical Services, an independent special district, ("DISTRICT") in Monroe County, Florida. WITNESSETH: WHEREAS, the parties hereto entered into an agreement dated September 20, 2006 ("Agreement") for the purpose of transferring responsibility for fire, rescue and emergency medical services to the DISTRICT, and to set forth the mutual obligations and responsibilities of both parties in the transition of fire and rescue services to the citizens within the DISTRICT boundaries; and WHEREAS, said Agreement provided for the transfer of equipment and vehicles for Key Largo Fire and Rescue as listed in Attachment I of the Agreement; and WHEREAS, two capital equipment items were inadvertently left off of the list most likely due to the fact that they were being purchased within the same timeframe as the drafting of the Agreement; and WHEREAS, both items were purchased utilizing District 6 Key Largo Fire funds in cost center 12500 and should have been included on Attachment IA of the Agreement; and WHEREAS, the parties desire to amend Attachment IA of the Agreement in order to add these items; and -, N C rn NOW, THEREFORE, the parties agree as follows: - -' - 4 rn o 1. Attachment IA of the Agreement, effective September 30, 2006, shall be-"amendod adeag the following two items: County ID Serial/Model # Description Date Received Purchas&Ice for Purchase 5611 6JVDP91 Poweredge Server, Dell 3/16/2006 3,836.3M Financial 5794 362R3564212/15300 Hurst Extractor, Team 9/27/2006 3,975.70 Equipment rn n O 0 In all other respects, the provisions of the Agreement between the parties dated September 20, 2006, not inconsisterwherewith shall remain in full force and effect. INN (SEAT) I: Deputy WHEREOF, the parties hereto have caused this Amendment 1 to be executed the above written. L. KOLHAGE, CLERK (SEAL) ATTEST:. By - BOARD OF COUN Y COMMISSIONERS OF MONROE C , Jp By: Mayor/Cha' a KEY LARGO F RESCUE AND EMERGENCE ME ICAL I ES DISTRICT By: N w N E U w W El U 3 0 C� W El a U) El 9C -4 co N E. a rH) 0 co off OQH&40oZ �. M co m a E to U >CW000)arH k] m H O1:4M£ HM PL . •� P M N E H F •� N Uw Hwri Hk+mL4W0 D00 WW ri WW El❑aaa z NHELL x00 H �nxE M mm a[�j 1wLOV) m���NC�NN UC7 V)ClI Aaa �[[��jj[�:a,]] U(D to m to ZL]aEaF oN(r�V)w w z Nm Uz- o0( NNN W O H E+ cn r r coE z zzmzmzHrn rg zun�nm�z mLL Cs� a) ca (ra Lv m cA ❑ cq ❑ O H O O OODOW\H N OMMC ur H OrCrC Z Oar�rr r F HHO)H� Haw Hrrm ZI-EEHEE�+E+E-omEF%UU2 12HE +Hr c�a o m m W H H FCWW�RCWWFCW20Hc�W FCOo1nj HG+FE H ENFN a zzQFEEExEF ZWWWWu) MM04M 4 ❑FE Rr4 zAEOFo U 1 Wa) N HEC OU N �l❑oriMwu r-1:'-IfN HE ZWWOwO cn (DtAA❑AaN0. fY3a 7Zzrra�OAari" m C0Q C7«)AA H1100 0 C7cnQMAM W WODDDO�OOOOWr�aancnDO" o WORD WODvwDc• A mammmw�nwwaw❑ O nLnomkw o mwmm ma+m"rma m o oomowm000tomm o0000 0 Cl 0 0 00 UO OO m.--I In IOMOriN�m rMOrO O O O 0 o0 'Ty NNc� m mrn Nin t�rrnmkoLnmLnrn�o nm rmr OF44 m MM�C�e-i lOr V'.-I �D ID mr I m M MN10 tD cn -;rtD toN (MM M U I r-I I I ri I 1 I z w co 0 O Oto mm OOOM O O O r mto W O d' '-IL7kom M Orr O O O to rir D E M 4mmm Lo ri u)tD t0 rM H ❑ M m tD Lrn m m to rito m C� ri lfl r r m'oo : . r O m M Vi to �o N M M!'-f N to N a W N N to WE F4 ED zFC F w OOrMo 0 0 00Lo mo oo.im0 oor rn w o to OoNri to ooLn ri r ODW Ua Q OtOC O 4f Haa H la(0 VIM oD OV 1`W 10 U7 � Zc7 D m or mO co HE-4D 0(D H EED In Ei Er mr muo aas Oro oCV rHOHm WE OH Gsz� z�ij ol z z�z] z 0 a. -I Gczj �-1�zOD 06trM rCnr U) -w zz Mao •-iM %7-�.w 0` iWFHT.: LW}SN F��HC H j�'�-1 �DN I O lON N.H{ Lo [s�]N No-]N�-1 LA £� WEH24 Ha HHWE HUUH� mmzolaw rD ri E. ao€ww Olzzzol cEn w 0wxw��wC00 wwm( wNww D D aa� p HHQWWWWWWWWO •--z �Q�zEFFAAEFFZ EiWAQF co (» O a Ln ri r-1 to N N r-i ri ko N ri O L O r-i H mIn to wmmvo to 'Cm Nr r to O O Q a w ri ri In C V' r-I ri to kD ri O 0 1.1 rn z MMNd' c ri N N V -wH N c0r ry ch -1,40000000000 Ori 140 m m 0 0 0 0 O O II a 0 o o o o o O m m o O O b r4 �a U >1 H Xo E a-] r ca�mN mmrE M m o €4M D O w W fi�r]7 L�+ rroo co00HZ m Nan Cl) rir NN�n E aaM (n rrW r o rr.-1- b+ri U r] `N40 W H MM V'tn.-i rro z mm L) u')lna V'O ui0 Ri 0 00000 CD 1-I(31 W M M cr N Ln Lo Cl) MMU co M.-1 O Ln In H Ln to �7 H W r-I ri H Mu-) H In U •� a E H H H .-i N r-1 ri N ri N e-1 H r 1 .-4 N i a rFx U W SC F x U U E� r�a 0000000000oo 0000w H •J N E O H>+ QW 01 rrmro�•awav4cm rva'r?+ w W N Nmm min ri rimm0inm Ln.-Vr-1 u)� W >+ ',� HO II \ riri cn O U �+ 1 1 .-i .--Im00r-i M MOo rim NMMN ?+ 00 0H ri ri ri r-I ri ri riO Mri ri ME }� E 1 H .-i ri r 4 ri .-i ri .--I r-I ri ri ri ri D �7 0000oo000o0o a DO ❑ zp 0 0 o00o0 E o00o00o0000o a ZO �� n wo w 0000 o o00oo0000000 oo00a Q Kc P4 H F HA W H ka (a G� Q -, H U OOOOM FFC rrmmr-Ir-Ir-1 ri .-iH I I I I I I I I I I I I I I I I I 1 I 1 W NNE ra ri r-I riH a' I I I W a WHVV j H Z H I I I I I H riO H r-i Eia HW z �jp z I O \ E-,.--I �o to to r H r r r r r rri ri ri riNrri ri ri ly' F+.--I to tof:4 Uri Ln rio -Ij34 \O P. Ga I E Hri NN N.-1 Nri ri r-1 H Hri N N N N N.I N N NU W WHNNU Hri N N N N LL Z G Ww�`� U 2 m E r�lotOtDwko\otowD ototpt0tototDkotototol0toa R( n101oa a�nlfllDlDlDa c7 zz >+ O y, tDU FC vE. U000000o0oo00000000000rC \\\\\\\\\\\\\\\\\\\\\E ()000� a 00000rG Hr Q OH m t!) u7NNH Hr-I Ln ri ri M O O to Lo O rto r m m m O \\\H Lo mm0 \\\\\H LONPI m API OD Ori HF Foci A A W 7, O m I U FW `�+F OHri000.-aNNNMMOOri H 00ra ri H F O\\\\\\\\\\\\\\\\\��\\ Or -I rIH O.-I N ri OE •• O✓ w E7 \ wFC "j' O ri ri N N M M M M M M M'r Ln U)r r r r0 ri\\\ O\\\\� WO 0U Gomm tD rf oo r-io-I rimo r•-10 o o-1UWU n4 w 0 0 �❑❑ WW ko t4 o v) A n) 4 cn F 04 w 41 < Ln Lf) r Ln O F O E H x E x E H 3 W H U O U) W F 0 z 2c U) H wa E MONROE COUNTY INVENTORY DELETION REQUEST TO: Mitch Hedman, Stop #8 PROPERTY CLERK, FINANCE DEPT. DATE: FROM: James Callahan, Stop #14 Fire Chief/Division Director Emergency Services Division M.C. I.D. NUMBER SERIAL NUMBER ASSET DESCRIPTION DATE PURCHASED ORIGINAL & EST. PRESENT VALUE 5611 6JVDP91 Poweredge Server, Dell Financial 3/16/2006 3,836.30/? 5794 362R356 421Z; 15300 Extractor, Team Equipment Hurst 9/27/2006 3,975.70/ ? CHECK ONE (1) APPROPRIATE LINE BELOW: APPROVAL TO ADVERTISE FOR BIDS. APPROVAL TO REMOVE FROM INVENTORY AND DISPOSE OF IT. X APPROVAL TO REMOVE FROM INVENTORY AND TRANSFER TO: Key Largo Fire and EMS District REASON FOR REQUEST: These items were purchased duringFY06 prior to the separation of the Key Largo Fire and EMS District and were purchased utilizing District 6 Key Largo Fire funds in cost center 12500 and should have been included within the interlocal agreement approved by the BOCC on September 20 2006 effective September 30 2006 PREPARED BY: PRINT NAME: Susan Hover DIVISION DIRECTOR APPROVAL: PRINT NAME: James K. Callahan DATE: OMB FORM REVISED 10/28/2003 I NTER1LOC AL AGREEM ENT MOINIROE C0 UN IFV Ai'•4➢D KEY LARGO ff IRE RE,SCUE AND. IEME, RG l,NCV I3MElt➢ICAL SERVICES DISTRICT THIS IN TER>LOCAIL AGREEMENT is entered into pursuant to Sec. 163,01, F.S., by and between Monroe County, a political subdivision of the State of Florida, (hereafter "COUNTY"), and Key Largo Fire Rescue and Emergency Medical Services, an independent special district, (hereafter "DISTRICT"). WHEREAS, the Legislature of the State of Florida has enacted Chapter 2005-329 establishing the Key Largo Fire Rescue and Emergency Medical Services special independent district which is a public corporation charged with the responsibility of providing fire rescue and emergency medical services within its geographical boundaries; and WHEREAS, the Key Largo Fire Rescue and Emergency Medical Services special independent district encompasses the geographic area of all of Cross Key and that part of Key Largo from South Bay Harbor Drive and Lobster Lane to the southern boundary of the right -of -way of County roads 905 and 905A within Monroe County; and WHEREAS, the Monroe County Board of County Commissioners will continue to provide a County Fire Marshal who is the official responsible for the enforcement and administration of local and state fire codes in unincorporated Monroe County; and -- WHEREAS, the County owns certain properties which have been used for fire rescue and ambulance services; and WHEREAS, the County has entered into agreements with the volunteer organizations in the Key Largo area for the provision of services which will now be performed by the DISTRICT; and WHEREAS, the Key Largo Volunteer Fire Department, Inc. and the County entered in to a Memorandum of Understanding on 4/17/1996 copy of which is attached hereto (attachment 3), providing for operation and maintenance of an alternate Emergency Operations Center (EOC) and a storeroom for Radiological Emergency Response equipment at Fire Station 24, located at 1 East Drive, Key Largo, FL 33037; and WHEREAS, it is in the best interests of the public to establish an understanding as to the mutual obligations and responsibilities of the COUNTY and the DISTRICT with respect to use, ownership, and title to property and the provision of services; and WHEREAS, the COUNTY and the DISTRICT has established September 30, 2006 as the date the County will transfer responsibility for fire, rescue and emergency medical services to the DISTRICT; and WHEREAS, it is the intention of the COUNTY and the DISTRICT to enter into a separate agreement regarding mutual aid; NOW, THERTORE IN CONSIDERATION of the mutual consideration and premises set forth below, the parties hereto agree -as follows: I. PURPOSE OF AGREE_NYENT: Tile purpose of this agreement is to set forth the mutual obligations and responsibilities of both parties in tine transition of fire and rescue services to the citizens within the DISTRICT boundaries. ILA dated SeMember 5, 2006 I fate 1 of S 2 R ESPONSICRFLJI T IES OF, THE Dl<"ST °IJ-Ci[ 2.1. The DISTRICT shall provide access to any and all records maintained by the DISTRICT as maybe required by the County Fire Marshal in the performance of his duties. 2.2. In consideration of the payment of the MSTU fund balance and the promises and duties of the COUNTY under Section 3, below, the DISTRICT shall accept responsibility for and provide within the District all of the duties and responsibilities as defined in 2005 Florida Laws Chapter 329. 2.3. The DISTRICT shall enter into a maintenance agreement for the DISTRICTS radio equipment with the Monroe County Sheriffs Office. 2.4. The DISTRICT shall accept title to Fire Station 24, located at 1 East Drive, Key Largo, Fl. 33037 in "as is" condition. 2.5. The DISTRICT shall accept title to title to Fire Station 25, located at 220 Reef Drive, Key Largo, Fl. 33037, in "as is" condition. 2.6. The DISTRICT shall accept title to the equipment, vehicles and /or rolling stock listed in attachment 1 in "as is" condition. 2.7. The DISTRICT shall accept the assignment of the responsibilities and duties of the County under the leases and contracts listed in attachment 2. 2.8. The DISTRICT shall accept the assignment of the responsibilities and duties of the COUNTY for any equipment identified subsequent to the entering of this agreement as being leased by the COUNTY prior to October 1, 2006 for use within the District and not listed in attachment 2. 2.9. In addition to accepting all items listed in attachments 1 and 2 in "as is" condition, as of 12:01 a.m. October 1, 2006, the DISTRICT shall assume all rights, responsibilities, obligations and duties for said items including but not limited to lease payments, security, care, maintenance, repair, code compliance, inspection, permitting, license, registration and insurance. 2.10. As of 12:01 a.m. October 1, 2006, the DISTRICT shall be solely responsible for the DISTRICTS utility payments. 2.11. As of October 1, 2006, the DISTRICT shall be solely responsible for any and all purchases of the district including but not limited to; equipment, vehicles, fine apparatus, office supplies, maintenance supplies, and cleaning supplies. 2.12. The DISTRICT shall reimburse the COUNTY an amount equal to the wages and benefits for the position of Staff Assistant 1 which shall be staffed by a County employee. 2.13. The District shall allow the County Emergency Management Department the use of Fire Station 24, and a storeroom within, located at 1 East Drive, Key Largo, Fl. 33037 for the establislurrent of an alternate Emergency Operations Center (EOC) during hurricane emergencies, radiological emergencies, and other disasters and during hurricane emergency preparedness and radiological emergency preparedness training and exercise sessions. The District shall provide keys to the County for access to the facilities. The County shall be allowed to place a secure lock on the Radiological Equipment Storeroom. ILA dated September 5, 2006 Page 2 of 8 3, P&1 SPONS.IBIIL11'1? IE) S OF COUNTY: 3.1. The COUNTY shall transfer to the DISTRICT title to Fire Station 24, located at 1 East Drive, Key Largo, FL. 33037, no later than September 30, 2006. 3.2 Following completion of construction, the COUNTY shall transfer to the DISTRICT title to Fire Station 25, located at 220 Reef Drive, Key Largo, Fl. 33037, within 30 days of obtaining the Certificate Of Occupancy for the building. 3.3. The COUNTY shall transfer to the DISTRICT title to all the vehicles/rolling stock and equipment listed in attachment I by September 30, 2006. 3.4. The COUNTY shall assign to the DISTRICT the contracts and leases listed in attachment 2 by September 30, 2006. 3.5. The COUNTY shall prepare an estimate of the MSTU fund balance as of 9/30/2006. On October 6, 2006, the COUNTY shall forward payment in the amount of $200,000 to the DISTRICT. 3.6. Upon completion of the FY 2005-2006 COUNTY audit, the COUNTY shall reconcile the estimated MSTU fiind balance payment made on October 6, 2006 with the audited balance and forward the payment of any excess funds identified during the COUNTY audit by April 1.6, 2007. 3.7 COUNTY shall staff the position of Staff Assistant I contingent upon annual budget approval 3.8 The County Emergency Management Department shall be fully responsible for the establishment, staffing, supplying, and operation of the Emergency Operations Center (EOC) and for all cost incurred in such. In the event of a disaster or an exercise, the director of the County's Emergency Management Department, or a designee, shall notify the Chairmen of the District and the Chief of the District of the need to establish an Emergency Operations Center. 4. INSURANCE AND )HOLD HARMLESS; 4.1 The parties to this agreement stipulate that each is a state governmental agency as defined by Florida Statutes and represents to the other that it has purchased suitable Public Liability; Vehicle Liability, and Workers' Compensation. insurance, or is self -insured, in amounts adequate to respond to any and all claims under federal or state actions for civil rights violations, which are not limited by Florida Statutes Section 768.28 and Chapter 440, as well as any and all claims within the limitations of Florida Statutes Section 768.28 and Chapter 440, arising out of the activities governed by this agreement. 4.2 To the extent allowed by law, each party shall be responsible for any acts, or omissions, of negligence on the part of its employees, agents, contractors, and subcontractors and shall defend, indemnify and hold the other party, its officers and employees, agents and contractors, harmless from all claims, demands, causes of action, losses, costs, and expenses of whatever type - including investigation and witness costs and expenses and attorneys' fees and costs - that arise out of or are attributable to arising out of such actions oty9missions. The purchase of insurance does not release or vitiate either parry's obligations under this paragraph. 4.3 Notwithstanding the provisions of Sec. 286.28, Florida Statutes, the participation of the COUNTY and DISTRICT in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY or DISTRICT be required to contain any provision for waiver. iLA dated September 5, 2006 Page 3 of S. GOVEFLKEkTG LAW, VENUE, PI'ITERFRETATION, COSTS, AND FEES: 5.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. 5.2. In the event that any cause of action or administrative -proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and DISTRICT agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. 5.3 The COUNTY and DISTRICT agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 5.4. The COUNTY and DISTRICT agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. '~ 6. SEVERABILITK: If any tern, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shalt be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and DISTRICT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 7. BINDING EFFECT: The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and DISTRICT and their respective legal representatives, successors, and assigns. 8. AUTHORITY: Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary COUNTY and corporate action, as required by law. 9. CLAD/IS FOR FEDERAL OR STATE AID: The DISTRICT and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state finds to further the purpose of this Agreement. ILA elated September 5, 2006 Page 4 of 8 10. NON-DISCRSMII NATION: The DISTRICT and COUNTY agree that there will be no discrimination against any person. The DISTRICT and COUNTY agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972y as amended (20 USC ss. 1681-1.683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the bases of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 11. ADJUDICATION OF DISPUTES OR DISAGREEMENTS: 11.1 The COUNTY and DISTRICT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 11.2 In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, the COUNTY and DISTRICT agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. The COUNTY and DISTRICT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 12. COVENANT OF NO INTEREST: The COUNTY and DISTRICT covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that the only interest of each is to perform and receive benefits as recited in this Agreement. 13. CODE OF ETMCS: "' 13.1 The COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. ILA dated September 5, 2006 Page 5 of 8 13.2 The DISTRICT warrants that it has not employed, retained or otherwise had act on its behalf any former COUNTY officer or employee subject to tlhe prohibition of Section 2 of ordinance No. 0 10- 1990 or any COUNTY officer or employee in violation of Section 3 of Ordinance No. 010-1990. 14. NO SOLICITATION/PAYMENT: The COUNTY and DISTRICT warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. 15. PUBLIC ACCESS: The COUNTY and DISTRICT shall allow and pennit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY or DISTRICT in conjunction with this Agreement. 16. PRIVILEGES AND IMMUNITIES: All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 17, LEGAL OBLIGATIONS AND RE'SPONSIBII.ITIES: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law, 18. NON -RELIANCE BY NON-PARTIES: No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and DISTRICT agree that neither the COUNTY nor DISTRICT or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 19. NO PERSONAL LLABLLITY: No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, ILA. dated September 5, 2006 Page 6 of 8 officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to Any personal liability or accountability by reason of the execution of this Agreement. 20. EXECUTION IN COUNTERPARTS: This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one mid the same instrument and any of the parties hereto may execute this Agreement by singing any such counterpart. 21. SECTION HEADINGS: Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 22. ASSIGNMENT: The DISTRICT may not assign this Agreement without the approval of the County's Board of County Commissioners. All the obligations of this Agreement will extend to and bind the legal representatives, successors and assigns of The DISTRICT and the COUNTY. 23. SUBORDINATION: This Agreement is subordinate to the laws and regulations of the United States, the State of Florida, and the COUNTY, whether in effect on commencement of this Agreement or adopted after that date. 24. INCONSISTENCY: If any item, condition or obligation of this Agreement is in conflict with other items in this Agreement, the inconsistencies shall be construed so as to give meaning to those terms which limit the COUNTY's responsibility and liability, 25. ETHICS CLAUSE: The DISTRICT warrants that it has not employed, retained or otherwise had act on its behalf any former COUNTY officer or employee subject to the prohibition of Section 2 of ordinance No. 010-1990 or any COUNTY officer or employee in violation of Section 3 of Ordinance No. 010-1990. 26. CONSTRUCTION: This Agreement has been carefully reviewed by The DISTRICT and COUNTY. Therefore, this Agreement is not to be construed against any party on the basis of authorship. 27. NOTICES. Notices in this Agreement, unlg§s otherwise specified, must be sent by certified mail to the following: County: Key Largo Fire Rescue & Emergency Medical Services County Administrator William Andersen, Chairman 1100 Simonton Street P.O. Box 371023 Key West, FL 33040 Key Largo, Fl. 33037-1023 ILA dated September 5, 2006 Page 7 of 28. FULL UNDERSTANDING: G: This Agreement is the parties' final mutual understanding. It replaces any earlier agreements or understandings, whether written or oral. This Agreement cannot be modified or replaced except in a written amendment duly executed by both parties. 29. EFFECTIVE DATE: This Agreement will take effect on the 4�dj day of426�1 2006. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. (SEAL) ,!"J BOARD OF COUNTY CONIMISSIONERS ATTEST: VANNY L KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA By �. B t De ' perk Mayor Charles "So ny' McCoy Witnesses KEY LARGO FIRE RE , UE AND EMERGENCY MEDICAL E E By William Andersen, Chairman This document was prepared and approved as to form by: District Counsel Kerry L. Willis Vernis & Bowling MO E COUNTY TTORNEY P R ED A M: --A" ISS TANT UNZY TTU' EY Dole — +'3 ILA ILA dated September 5, 2006 Page 8 of 8 1NTERL®CA L AGREEMENT NIIONROE COUNTY AND KEY LARGO FIRE, RESCUE AND EMERGENCY MEDICAL SERVICES DISTRICT ATTACHMENT I INDEX A Key Largo Fire and Rescue Equipment (2 Pages) B. Key Largo Ambulance Equipment (1 Page) -ai ATTACHMENT I INDEX 1jTUM= I.A. (Page fl o� � Pages) L RGO FORE SAND BZERM1E EQUIPMENT Asset Id No. Serial Number Asset Description Acquisition Date Location Status Cade Initial Cost 2440 24" ELECTRIC BLOWER 04/15/2005 Ulf-KO6 ACTIVE 2,150.00 3252 4P1CT2A11A001719 2001 PIERCE PUMPER TRUCK E-24 08/22/2001 ACTIVE 298,945.00 3253 EX033132 SCBA/SELF CONTAINED BREATHING 01/21/2004 ACTIVE 2,345.00 3254 EX036035 SCBA/SELF CONTAINED BREATHING 01/21/2004 ACTIVE 2,345.00 3255 EX033123 SCBAISELF CONTAINED BREATHING 01/21/2004 ACTIVE 2,345.00 3256 EX036215 SCBAISELF CONTAINED BREATHING 01/21/2004 ACTIVE 2.345.00 3257 EX031012 SCBAISELF CONTAINED BREATHING 01/21/2004 ACTIVE 3258 DELUGE NOZZLE WITIPS 07/06/1981 ACTIVE 2,345.00 2.542.00 3259 991000040 SAW, VENT 03/31/2000 ACTIVE 1,275.00 3260 3" VICTAULIC PIPE FOR DECK GUN 12/12/2001 ACTIVE 1,341.50 3261 PORTABLE MANIFOLD 12127/2001 ACTIVE 1,468.39 3262 RESCUE SAW 14" 09/30/2002 ACTIVE 1,195.00 3263 ELECTRIC SPEED BLOWER/FAN 08/14/2003 ACTIVE 2,114.00 3265 4PlCT02A81A0001702 2001 PIERCE PUMPER TRUCK E-25 08/22/2001 ACTIVE 302,702.00 3266 EX030146 SCBA/SELF CONTAINED BREATHING 01/21/2004 ACTIVE 3267 EX036008 SCBAISELF CONTAINED BREATHING 01/21/2004 2,345.00 3268 EX033131 SCBA/SELF CONTAINED BREATHING 01/21/2004 ACTIVE 2.345.00 3269 EX029078 SCBAISELF CONTAINED BREATHING 01/21/2004 ACTIVE 2,345.00 3270 EX036096 SCBAISELF CONTAINED BREATHING 01/21/2004 ACTIVE 2,345.00 3271 61413E RAM BAR 60" -ON RESCUE E-25 09/30/1991 ACTIVE 2,345.00 3272 ZW166169 RIT KIT/RESCUEAIRE II SYSTEM 01/21/2004 ACTIVE 1.720.00 3273 ZX023100 RIT KIT/RESCUEAIRE II SYSTEM 01/21/2004 ACTIVE 1,955.69 3274 PORTABLE MANIFOLD 1212712001 ACTIVE 1,955.69 3275 1095890 HONDA GENERATOR /WAS 1438-587 08/05/2003 ACTIVE 1.468.39 3276 1891G71DORI020063 1994 RESCUEIPUMPER 5-24 08/03/1994 ACTIVE 1.200.00 3278 EX031008 SCBAISELF CONTAINED BREATHING 01/21/2004 ACTIVE 217,950.00 3279 EX031015 SCBAISELF CONTAINED BREATHING 01/21/2004 ACTIVE 2,345.00 3280 EX031003 SCBAISELF CONTAINED BREATHING 01/21/2004 ACTIVE 2,345.00 3281 EX030149 SCBAISELF CONTAINED BREATHING 01/21/2004 ACTIVE 2,345.00 3282 ACTIVE 2,345.00 (2)RAM BARS,POWER UNIT,CUTTER, 06/09/1993 ACTIVE 11.604.55 3283 "JAWS OF LIFE" RESCUE SYSTEM 07/31/2000 ACTIVE 25,000.00 3284 550505 AIR GUN KIT 01/12/1992 ACTIVE 1,925.00 3285 911 RESCUE KIT 01113/1999 ACTIVE 1,300.00 32a6 RESO BAGS-SET'A' 01124/2005 ACTIVE 8,995.00 3287 EX03100I SCBA/SELF CONTAINED BREATHING 01/21/2004 3288 55480 CUTTER ACTIVE 2,345.00 3289 N9478 30C RAM 03/29/2005 ACTIVE 4,266.24 3290 N9462 60C RAM 03/29/2005 ACTIVE 2,237.11 3291 N9477 30C RAM 03/2912005 ACTIVE 2,332.21 3292 11899 POWER UNIT 03/29/2005 ACTIVE 2,237.1-1 3293 A0256-D05 THERMAL IMAGING CAMERA 03/29/2005 ACTIVE 5,908.50 3294 1FDAF56F52EB97843 2002 ENCZ7RE CASCADE E-24 04/30/2005 ACTIVE 8,868.00 3295 776ASC0l08 RADIO, MARATRAC MOBILE KL FIRE 05/29/2002 04129/1992 ACTIVE 137,219.00 3296 02935705 TEMPEST SMOKE EJECTOR (TANKER, 0311711993 ACTIVE 1,105.00 3297 1FDNF70K3DVA27941 1983 RESCUE/PUMPER L-24 05/06/1983 ACTIVE 1,561.00 3298 776ASC0l09 RADIO, MARATRAC MOBILE KL FIRE 04/29/1992 ACTIVE 81,971.20 3299 1F9DBAA8XK1037630 1988 LADDER TRUCK L-70 01/O1/1989 ACTIVE 1,105.00 ACTIVE 475.523.00 Page 1 102 3302 EX035027 3303 EX036005 3304 EX036054 3305 EX036004 3307 EX031016 3308 81083- 3309 671ASY0149 3310 EX036195 3311 EX035035 3312 EX031011 3313 EX031002 3314 EX036011 3315 12697961 3316 12697920 3317 365CEA0825 3318 5036MM 3319 40570 3320 776ASC0106 3321 776ASC0107 ASC0397 3325 11 FDKF-30MXJ H B51697 ���.. aJJGVVJJVLl1 3328 3329 355ACA0646 3330 3331 721 CDQ2953 3332 BO-1980-AD2 3333 3335 29271 071? FVXFSEBOPP419863 6104 1 1355ACA0647 180 ATTACi IEW a - , (Page 2 of 3 Pages) KEY LARGO FIRE AND FESCUE EQUIPMENT MOBILE RADIO 04/29/1992 ACTIVE 1,105,00 SCBAISELF CONTAINED BREATHING 01/21/2004 ACTIVE 2,345.00 SCBAISELF CONTAINED BREATHING 01121/2004 ACTIVE 2,345.00 SCBAISELF CONTAINED BREATHING 0112112004 ACTIVE 2,345.00 SCBA/SELF CONTAINED BREATHING a 01/21/2004 ACTIVE 2,345.00 SCBAISELF CONTAINED BREATHING 01/21/2004 ACTIVE 2,345.00, SCBAISELF CONTAINED BREATHING 01/21/2004 ACTIVE 2,345.00, SCBAISELF CONTAINED BREATHING 01/21/2004 ACTIVE 2,345.00 60 KW GENERATOR W/ALLIS CHALME 09/30/1992 ACTIVE 5,476.23 MOBILE RADIO IN 1438-511 S-24 01/27/1993 ACTIVE 2,118,30 SCBAISELF CONTAINED BREATHING 01/21/2004 ACTIVE 2,345.00 SCBAISELF CONTAINED BREATHING 01121/2004 ACTIVE 2,345.00 SCBA/SELF CONTAINED BREATHING 01/21/2004 ACTIVE 2,345.00 SCBAISELF CONTAINED BREATHING 01/2112004 ACTIVE 2,345.00 SCBAISELF CONTAINED BREATHING 01/21/2004 ACTIVE 2,345.00 DEFIBULATOR 06/28/2000 ACTIVE 3,091.64 DEFIBULATOR O6/2812000 ACTIVE 3,091.53 RADIO 01/08/2004 ACTIVE 1,050.00 EXTRACATION DEVICE 0911811985 ACTIVE 1,456.00 RESCUE TOOL 09/01/1987 ACTIVE 1.230.00 RADIO, MARATRAC MOBILE KL FIRE 04/29/1992 ACTIVE 1,105.00 RADIO, MARATRAC MOBILE KL FIRE 04/29/1992 ACTIVE 1,105.00 RANGER UHF RADIO BASE STATION 0610211993 ACTIVE 1,288.00 MOTOROLA SPECTRA RADIO (CHIEF' 09130/1993 ACTIVE 2.012.02 SPEED QUEEN WASHER,STAINLESS 03116/1994 ACTIVE 2,645.00 1988 FORD AMB/DIVE RESCUE 25 06/24/1996 ACTIVE 58.555.44 SAW, VENT 03/3112000 ACTIVE 1,275.00 21" PRESSURE FAN 09/26/2001 ACTIVE 1,575.00 PORTABLE RADIO 01/23/2002 ACTIVE 1,040.75 COMMAND CENTER UNIT 12/27/2001 ACTIVE 4,619.00 PORTABLE RADIO 95/27/2003 ACTIVE 5,087.85 THERMAL IMAGING CAMERA 03/20/2002 ACTIVE 16,496.00 SKED-EVAC TRIPOD W/CASE 08/28/2002 ACTIVE 1.052.52 PORTABLE FIRE PUMP 04/04/2003 ACTIVE 4,950.00 COMPLETE HURST COMBINATN TOOL 0311712004 ACTIVE 12,923.10 RIT KIT 03/31/2004 ACTIVE 1,969.64 911 RESCUE KIT/AIR CHISEL TOOL 1 OIOMO04 ACTIVE 1,186.50 911 RESCUE KIT/AIR CHISEL TOOL 10/0812004 ACTIVE 1,186.50 DOUBLE SIDED MOBILE RACK 02/16/2005 ACTIVE 1,490.00 GE RADIO TOWER 12/31/1990 ACTIVE 4,712.25 1993 PUMPER TANKER T•24 02125/1994 ACTIVE 209,649,00 AGE PORTABLE PUMP 09/02/1992 ACTIVE 3,059.58 FOLDAYANK/ORANGE 05119/1993 ACTIVE 1,411.00 HURST SPREADER O6108/1994 ACTIVE 4,347.00 ELKHART STINGER NOZZLE (INV.5/ 07/27/1994 ACTIVE 1,327.00 PORTABLE RADIO 01/23f2002 ACTIVE 1,040.75 3" VICTAULIC PIPE FOR DECK GUN 12/12/2001 ACTIVE 1,341.50 SCBAISELF CONTAINED BREATHING 01/21/2004 ACTIVE 2,345.00 Page 2 KEY LARGO FIRE .AND REtCUE EQUIPMENT 4909 EX036039 SCBA/SELF CONTAINED BREATHING 01/21/2004 4910 EX031022 SCBA/SELF CONTAINED BREATHING 01/21/2004 4911 EX033128 SCBA/SELF CONTAINED BREATHING 01/21/2004 15073 T095-17 MERCURY GROUND MONITOR 02JO312005 5074 T095-01 MERCURY GROUND MONITOR " 02/03/2005 5422 1OX10 TENT ozro7/zoos 5470 CUTTER 03/21/2006 5471 MINI MATE SIMO POWER UNIT 03/21/2006 5477 LZ081920KS SCBA 03/31/2006 5478 LZ081913KS SCBA 03/31/2006 5479 LZ081922KS SCBA 03/31/2006 5480 LZ081897KS SCBA 03/31/2006 5564 165923 HONDA GENERATOR 03/20/2006 -v3 Page 3 A TTACMIENT I.A. (Page 3 of 3 Pages) ACTIVE 2,345.00 ACTIVE 2,345.00 ACTIVE 2.345.00 ACTIVE 1,971.00 ACTIVE 1,971.00 ACTIVE 3,933.40 ACTIVE 4,494.10 ACTIVE 6,168.56 ACTIVE 4,164.67 ACTIVE 4,164.67 ACTIVE 4,164.67 ACTIVE 4,164.67 ACTIVE 2,799.99 ATTACIR-1E T A . a KEY LARGO AMBULANCE EQUOPMENT Asset Id No. Serial Number Asset Description Acquisition Date Location Status Code Initial Cost 1958 412934202 COMPUTER 10/10/2002 UK-K08 ACTIVE 1,745,00 1964 1FDXE45F43HB28764 2003 FORD WHEELED COACH R223 11/19/2003 ACTIVE 91.673.30 1965 671ASY0134 SPECTRA MOBILE RADIO IN #76 01/27/1993 ACTIVE 2,118.30 1966 13451844 LIFE PAK 12 05/10/2001 ACTIVE 18,672.36 1967 2543 MICHIGAN CPR THUMPER/141201-20 07/01/1997 ACTIVE 5,355,70 1969 1FDXE40F2XHA04120 1999 FORD AMBULANCE R1 23 02/10/1999 ACTIVE 80.109.00 1970 671ARU0250 SPECTRA MOBILE RADIO INSTALLED 09/30/1991 ACTIVE 2,109.25 1971 671ASY0136 SPECTRA MOBILE RADIO IN R123 01/27/1993 ACTIVE 2,118.30 1972 13451845 LIFE PAK 12 05/10/2001 ACTIVE 15,933.35 1975 1FDXE45F22HB11881 2002 FORD AMBULANCE R323 09118/2002 ACTIVE 90,774.00 1976 671ASY0150 RADIO, SPECTRA MOBILE -TRCK 61 01/27/1993 ACTIVE 2,118.30 1977 671ASY0135 SPECTRA MOBILE RADIO IN #76 01/27/1993 ACTIVE 2,118.30 1978 1916 L P THUMPER CPR IN #75 12/21/1993 ACTIVE 4,296.00 1979 LIFEPAK W/AUXI POWER IN #R123 11/22/1993 ACTIVE 9,749.21 1980 087604 RESUSCI RECORDING ANNE 02/19/1991 ACTIVE 1,415.00 1981 518943 COLOR TV 05/03/1994 ACTIVE 1,899.97 1982 TEACHING TORSO 03/17/1993 ACTIVE 1,011,,,w 1983 SOUND SYSTEM, TRANSM. KL AMBUL 04/21/1993 ACTIVE 1,050.00 1985 015735 HEARTSIM 2000 LAERDAL 07/08/1992 ACTIVE 1,995.00 1986 HEARTSIM, 2000 -KL TRAINING RM 07/01/1992 ACTIVE 1,925.00 1987 MANNEQUIN ALS LAERDAL 08/05/1992 ACTIVE 3,795.00 1988 .012203 INTERFACE MONITOR 08/05/1992 ACTIVE 1,795.00 1989 BATTERY ANYLIZER 08112/1998 ACTIVE 1,870.00 1990 00007541 LIFEPAK IN R223 03/2611991 ACTIVE 8,653.26 1991 2259 LIFE PAK 10 W/ PACER IN R123 01101/1990 ACTIVE 9,257.32 1992 IFDXE45F7YHB34422 2000 FORD AMBULANCE R23 08/04/2000 ACTIVE 81,559.00 1993 671ASY0133 SPECTRA MOBILE RADIO IN R23 01/27/1993 ACTIVE 2.118.30 1994 0393 DIXIE THUMPER W/CASE 01/0811987 ACTIVE 5,345.95 1995 156109 NISSAN EMERGENCY GENERATOR 10 09111/1991 ACTIVE 9,061.04 5078 00007546 LIFEPAK IN R223 03/26/1991 ACTIVE 8,653.27 5103 623CFC0366 RADIO 02/02/2005 ACTIVE 2,415.87 5104 623CFC0365 RADIO 02102/2005 ACTIVE 2,415.87 5105 623CFC0364 RADIO 02/02/2005 ACTIVE 2,415.87 5369 G9VGK61 EMS PRO REPORTING 01/21/2005 ACTIVE 44,975.22 5370 31748557 COPIER 0710611998 ACTIVE 5,297.00 5608 041659 LAPTOP COMPUTER 04/1312005 ACTIVE 5,380.35 5609 041658 LAPTOP COMPUTER 0411312005 ACTIVE 5,380.34 5610 1041657 LAPTOP COMPUTER 0411312006 ACTIVE 5,380.34 38 543,955.34 Page 1 IPITERLOCAI., AGREEMENT MONROE COUNTY AND KEY LARGO FIRE RE, SCIUE AND EMERGENCY MEDICAL, SERVICES DISTRICT ATTACHMENT 2 TNDEX A. NORTH STATION: I. Lease Agreement between the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida and the Board of County Commissioners of Monroe County, Florida dated July 7, 1993. 2. Site map B. SOUTH STATION: 1. Lease Agreement between the Key Largo Volunteer Fire and Rescue Department, Inc. and Monroe County dated January S, 1992. 2. Site map. -' 7 ATTACHMENT 2 INDEX , 4 Uweo KEY LARGO FIRE RESCUE & EMS DISTRICT iD Seat 1, William A. Andersen, Seat 2, Jennifer Miller, Seat 3, Mark Wheaton; Seat 4, Mike Edgerton; Seat S, Marilyn Beyer February 10, 2011 Monroe County Emergency Services Attn: Susan Hover 490 63rd Street Ocean, Suite 140 Marathon, FL 33050 Dar Ms. Hover: RecEgMED FEB 14 2011 BY on! a County F11 Rescue Attached please find four (4) Executed copies of the Amendment #1 to the Agreement between Monroe County and Key Largo Fire and Emergency Medical Services District. Please send me an original for our files. Re s, Vicky Fay KLFR&EM istrict Cler Attachment: Amendm nt 1 KLFR&EMS District, A O. Box 371023, Key Largo, FL 33037-1023