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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
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Mayor Pro Tern Sylvia J. Murphy, District 5
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Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
December 13, 2017
Agenda Item Number: S.3
Agenda Item Summary #3701
BULK ITEM: Yes DEPARTMENT: County Administrator
TIME APPROXIMATE: STAFF CONTACT: Roman Gastesi (305) 292 -4441
N/A
AGENDA ITEM WORDING: Approval of the 1 st Amendment to the Key Largo Fire & Rescue
EMS ILA.
ITEM BACKGROUND: The County entered into an Interlocal Agreement (ILA) with the Key
Largo Fire Rescue and Emergency Medical Services on December 14, 2016 to provide funding for
fire hydrants purchase and installation using discretionary sales surtax funds. Florida Statute Section
212.055(2) also permits the use of discretionary sales surtax funds 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 also fire rescue and emergency medical services vehicles. This amendment
allows for the expanded use of the funds already being provided to the District.
PREVIOUS RELEVANT BOCC ACTION: Approved the original ILA on December 14, 2016.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Stamped KL Fire EMS First Amendment to 2016 ILA Final
FINANCIAL IMPACT:
Effective Date: 12/13/2017
Expiration Date: 12/13/2021
Total Dollar Value of Contract: No additional costs beyond previously approved 12/14/2016
ILA
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
REVIEWED BY:
Pedro Mercado
Budget and Finance
Kathy Peters
Board of County Commissioners
Completed
Completed
Completed
Pending
12/04/2017 12:37 PM
12/04/2017 2:19 PM
12/04/2017 2:21 PM
12/13/2017 9:00 AM
S.3.a
FIRST AMENDMENT
TO
INTERLOCAL AGREEMENT
MONROE COUNTY AND KEY LARGO FIRE RESCUE AND EMERGENCY
MEDICAL SERVICES DISTRICT
THIS FIRST AMENDMENT ( "Amendment ") to that certain Interlocal Agreement
dated December 14, 2016 ( "Agreement) is entered into this day of 2018 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 ") (hereafter collectively, the "Parties ").
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; and
WHEREAS, on December 14, 2016 the Parties entered into the Agreement, pursuant to
which the DISTRICT will purchase and install fire hydrants and the COUNTY will reimburse
the DISTRICT using infrastructure sales surtax monies; and
WHEREAS, paragraphs 1, 3.1, 4. 1, and 4.4 of the Agreement limited the use of the
funds to purchase and installation of fire hydrants; and
WHEREAS, the DISTRICT has fire and/or emergency medical services vehicles in need
of replacement and other potential infrastructure needs; and
WHEREAS, Section 212.055(2), Fla. Stat., permits the use of discretionary sales surtax
funds 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 also fire
rescue and emergency medical services vehicles; and
WHEREAS, the DISTRICT has requested the Agreement be amended to allow the use
of such funds for replacement of DISTRICT fire rescue and/or emergency medical services
vehicles and for other potential infrastructure needs; and
WHEREAS, the COUNTY is amenable to this change.
NOW, THEREFORE IN CONSIDERATION of the mutual premises and covenants
set forth below, the parties hereto agree as follows:
Section 1 Paragraph 1 of the Agreement is revised to read as follows:
1. PURPOSE OF THE 1NTERLOCAL AGREEMENT:
The purpose of this agreement is to set forth the terms and conditions under which the
DISTRICT will;
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S.3.a
1) purchase fire rescue and/or emergency medical services vehicles with a life expectancy of
at least 5 years,
2) purchase and install fire hydrants,
3)and may finance, plan, and construct other infrastructure in accordance with Section
212.055(2), Fla. Stat.
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.
Section 2 Paragraph 3 of the Agreement is revised to add subparagraph 3.2 and subparagraph
3.3 to read as follows:
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.
3.2 The DISTRICT may purchase fire rescue and/or emergency medical services vehicles as
set forth in F.S. 212.055 (2).
3.3 The DISTRICT may finance, plan, and construct other infrastructure in accordance with
F.S. 212.055(2),
Section 3 Paragraph 4.1 of the Agreement is revised to read as follows:
4.1. After purchase of the;
1) fire department vehicles with a life expectancy of at least 5 years,
2) hydrants, including installation, and/or
3) financing, planning, and construction of other infrastructure in accordance with Section
212.055(2), Fla. Stat.
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.
Section 4 Paragraph 4.4 of the Agreement is revised to read as follows:
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 over the five (5) years covered by this Agreement ($750,000.00 total).
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.
Section 5 Each party represents and warrants to the other than the execution, delivery and
performance of this Amendment have been duly authorized by all necessary COUNTY and
DISTRICT action, as required by law.
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S.3.a
Section 6 In all other respects, the remaining provisions of the Agreement dated December 14,
2016 not inconsistent herewith remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year
first above written.
(SEAL)
ATTEST: KEVIN MADOK, CLERK
:
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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David Rice, Mayor
KEY LARGO FIRE RESCUE and
EMERGENCY MEDICAL SERVICES
DISTRICT
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Tony Allen, Chairman
Witnesses
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