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FY2016-2021 1st Amendment 12/13/2017C' ., Kevin Madok, CPA Clerk of the Circuit Court & Comptroller — Monroe County, Florida DATE: January 25, 2018 TO: Lindsey Ballard Aide to the County Administrator FROM: Pamela G. Hancock, D.C. SUBJECT: December 13'/January 17' BOCC Meeting Attached are electronic copies of the following items for your handling: S3 Approval of the I' Amendment to the Key Largo Fire & Rescue EMS ILA. R2 Contract with Adventure Environmental, Inc. for a demonstration project for canal skimming and hauling services for the Key Largo area, and potentially for other areas of unincorporated Monroe County, not to exceed $147,168.00 funded by DEP Stewardship Grant LP44073. Should you have any questions, please feel free to contact me at ext. 3130. Thank you. cc: County Attorney Finance File KEY WEST 500 Whitehead Street Key West, Florida 33040 305 - 294 -4641 MARATHON 3117 Overseas Highway Marathon, Florida 33050 305 - 289 -6027 PLANTATION KEY 88820 Overseas Highway Plantation Key, Florida 33070 305 - 852 -7145 PK/ROTH BUILDING 50 High Point Road Plantation Key, Florida 33070 305 - 852 -7145 FIRST AMENDMENT TO . INTERLOCAL AGREEMENT MONROE COUNTY AND KEY LARGO FIRE RESCUE AND EMERGENCY MEDICAL SERVICES DISTRICT 0 1D17 THIS FIRST AMENDMENT ( "Amendment ") to that certain Interlocal�greement dated December 14, 2016 ( "Agreement) is entered into this 13th day of December .29ilrby 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 INTERLOCAL AGREEMENT: The purpose of this agreement is to set forth the terms and conditions under which the DISTRICT will; 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. 1A 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. S WHEREOF, the parties hereto have set their hands and seals the day and year BOARD OF COUNTY COMMISSIONERS ATTES'P MADOK, CLERK OF MONROE COUNTY, FLORIDA .4'0� BY Deputy Clerk David ce, Mayor KEY LARGO FIRE RESCUE and EMERGENCY MEDICAL SERVICES DISTRI By on Allen, Chairman 3 C�rn C7 n 70 rn 3