FY2016-2021 12/14/2016 KEVIN MADOK, CPA
MONROE COUNTY CLERK OF THE CIRCUIT COURT & COMPTROLLER
DATE: January 11, 2017
TO: Lindsey Ballard, Aide to
County Administrator
FROM: Pamela G. Hanc • c,i eputy Clerk
SUBJECT: December 14 BOCC Meeting
Attached is a duplicate original, of the following item, from the above - mentioned meeting
date:
Item M9 Five year Interlocal Agreement with Key Largo Fire and EMS District, starting on
October 1, 2016 and running through September 30, 2021, whereby the County will reimburse
$150,000.00 per year for the purchase and installation of fire hydrants from infrastructure surtax
funds.
Should you have any questions, please feel free to contact me at ext. 3130. Thank you.
cc: County Attorney - 2 copies
Finance
OMB
File ✓
INTERLOCAL AGREEMENT
MONROE COUNTY AND KEY LARGO FIRE RESCUE AND EMERGENCY
MEDICAL SERVICES DISTRICT
em THIS INTERLOCAL AGREEMENT ( "Agreement ") is entered into this ,14 day of
9ctabe 2016 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 independent special
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 independent
special 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, Section 212.055(2), Fla. Stat., authorizes the COUNTY to levy a one cent
discretionary sales surtax in order to finance, plan and construct infrastructure, defined in the
statute to include, among other things, any fixed capital expenditure or fixed capital outlay
associated with the construction of public facilities that have a life expectancy of five or more
years; and
WHEREAS, Section 163.01, Fla. Stat. provides that a public agency of this state,
defined to include political subdivisions and special districts, may exercise jointly with any other
public agency any power, privilege, or authority which such agencies share in common and
which each might exercise separately, and that the joint exercise of power shall be evidenced in
the form of an interlocal agreement.
NOW, THERFORE IN CONSIDERATION of the mutual consideration and premises
set forth below, the parties hereto agree as follows:
1. PURPOSE OF THE INTERLOCAL AGREEMENT:
The purpose of this agreement is to set forth the terms and conditions under which the
DISTRICT will purchase and install fire hydrants and the COUNTY will reimburse the
DISTRICT using infrastructure sales surtax monies during the fiscal years covered by this
Agreement, in an amount up to one hundred fifty thousand dollars ($150,000.00) per fiscal year.
2. TERM AND EFFECTIVE DATE
The term of this Agreement shall commence on October 1, 2016 and end on September 30, 2021,
unless earlier terminated by either of the parties in accordance with paragraph 18 of this
Agreement. This Agreement is subject to annual appropriation by the Board of County
Commissioners of Monroe County, Florida.
1
3. PURCHASE OF ITEMS BY THE DISTRICT:
3.1. The DISTRICT will purchase fire hydrants. The DISTRICT will install each of the
hydrants in the geographical area covered by the DISTRICT. All installation will occur in
compliance with rules issued by the Florida Keys Aqueduct Authority.
4. REIMBURSEMENT:
4.1. After purchase of the hydrants, including installation, the DISTRICT shall render to the
COUNTY a proper itemized invoice in accordance with the Florida Local Government Prompt
Payment Act. The invoice shall be properly dated, describing the items purchased, the cost of
the equipment and installation, and all other information required by the COUNTY for
reimbursement. Upon receipt of the appropriate documents the COUNTY shall reimburse the
DISTRICT for said expenditures. The total amount of the reimbursement shall be up to one
hundred fifty thousand dollars ($150,000.00) per year, for each of the five (5) years covered by
this Agreement.
4.2 Reimbursement requests will be submitted to the Monroe County Administrator, at the
address provided below in paragraph 16. The COUNTY shall only reimburse those expenses
which are reviewed and approved as complying with Monroe County Code of Ordinances, State
laws and regulations.
• 4.3 The request for reimbursement must be signed by the Chairman or Vice - Chairman of the
DISTRICT. It must be notarized, and must include the following language:
I certify that the above amounts have been paid to the vendors as noted and
that the expenses are accurate and in agreement with the records of this
organization. Furthermore, these expenses are in compliance with this
organization's contract with the Monroe County Board of County
Commissioners and will not be submitted for reimbursement to any other
funding source.
4.4 Any funds not expended in any given fiscal year beginning with FY 2017 will be rolled
forward and may be used in any subsequent fiscal year covered by this Agreement, up to the
maximum set aside for hydrants over the five (5) years covered by this Agreement ($750,000.00
total for hydrants). However, all reimbursement requests must be submitted no later than
September 30, 2021. Invoices received after September 30, 2021 will not be considered for
reimbursement.
5. INSURANCE AND HOLD HARMLESS:
5.1 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.
2
5.2 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 or omissions. The purchase of insurance
does not release or vitiate either party's obligations under this paragraph.
5.3 Notwithstanding the provisions of Sec. 786.28, 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.
6. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES:
6.1 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.
6.2 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.
6.3. 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.
7. SEVERABILITY:
If any term, 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 shall 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.
3
8. 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.
9. 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 DISTRICT action, as
required by law.
10. CLAIMS 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 funds to further the purpose of this Agreement. Each party shall
cooperate with the other to the extent necessary to seek federal and state funds in accordance
with this paragraph.
11. NON - DISCRIMINATION:
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 1972, as
amended (20 USC ss. 1681 -1683, 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.
12. CODE OF ETHICS:
12.1 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
4
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.
12.2 The DISTRICT warrants that it has not employed, retained or otherwise had act on its
behalf any former COUNTY officer or employee subject to 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.
13. 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.
14. PUBLIC ACCESS:
The COUNTY and DISTRICT shall allow and permit 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.
15. 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 and the same instrument and any
of the parties hereto may execute this Agreement by singing any such counterpart.
16. NOTICES.
Notices in this Agreement, unless otherwise specified, must be sent by certified mail to the
following:
County: Key Largo Fire Rescue & Emergency Medical Services
District:
County Administrator , Chairman
1100 Simonton Street P.O. Box 371023
Key West, FL 33040 Key Largo, Fl. 33037 -1023
17. FULL UNDERSTANDING:
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.
5
18. TERMINATION.
This Agreement may be terminated by either party, upon sixty (60) days' prior written notice to
the other party in accordance with paragraph 16. Upon termination, the County shall be
responsible for reimbursement only for items that were purchased prior to the date of notice of
termination.
' 0 _ ' TNESS WHEREOF, the parties hereto have set their hands and seals the day and year
Air , < • �.; written.
•
h, 1
K wa M J. K - BOARD OF COUNTY COMMISSIONERS
r
X04 i F • - • ' • , CLERK OF MONROE COUNTY, FLORIDA
POUNI By / • By �'�' 6SeN
Deputy Clerk Mayor
KEY LARGO FIRE RESCUE and
EMERGENCY MEDICAL SERVICES
DISTRICT
, Chairman
Witnessela
•
- F
C-. r 1
-, •
MONROE COUNTY ATTORNEY
AFOVE AST Frz ,
I
C NTHIA L. HALL
•
ASSISTA T COUNTY ATTORNEY
Date f,7
6