Item C02C ounty of M onroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
The FlOnda Key
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Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
September 19, 2018
Agenda Item Number: C.2
Agenda Item Summary #4553
BULK ITEM: Yes DEPARTMENT: Information Technology
TIME APPROXIMATE: STAFF CONTACT: Alan MacEachern (305) 295 -5110
N/A
AGENDA ITEM WORDING: Approval to purchase portable satellite phone capability
(approximately $1,000) to be placed at the US1 radio broadcast station to be utilized during a State
of Emergency to allow for dissemination of critical information to County residents and finding that
the primary objective of this purchase is to serve the public at large.
ITEM BACKGROUND: Agenda Item - Portable satellite unit for USl Radio
County staff is requesting approval to purchase a portable satellite unit (Iridium Go) to be located at
the US1 Radio Station, which will be utilized to advance the broadcast of essential information to
the residents of Florida Keys during a State of Emergency. This will also allow County officials to
communicate with broadcasters to ensure that all vital information is provided to listeners. The
purchase of the portable satellite units was previously approved by the Board and it has been
recommended that improved connectivity at the radio station will ensure that vital information may
be passed on by County officials via radio broadcast. The transmission of vital information to
County residents and the public at large is the primary objective of installation of this portable
satellite unit and it will be used exclusively for the public purpose of communicating vital
information.
The Iridium Go provides portable global voice calling, Twitter posts and text messaging solutions
for smartphones, Android and iPhone, as well as enhanced data capabilities.
PREVIOUS RELEVANT BOCC ACTION: None.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Memo On Purchase Of Portable Device
FINANCIAL IMPACT:
Effective Date: TBD
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County: $1,000
Current Year Portion: $1,000
Budgeted: Yes
Source of Funds: 05003 - Technology
CPI:
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details:
If yes, amount:
N/A
09/19/18 001 -05003 - TECHNOLOGY$ 1,000.00
REVIEWED BY:
Alan MacEachern
Completed
Assistant County Administrator Christine
Hurley
09/04/2018 12:04 PM
Christine Limbert
Completed
Budget and Finance
Completed
Maria Slavik
Completed
Kathy Peters
Completed
Board of County Commissioners
Pending
09/04/2018 10:20 AM
Completed
09/04/2018 12:37 PM
09/04/2018 2:59 PM
09/04/2018 3:18 PM
09/04/2018 4:16 PM
09/19/2018 9:00 AM
County of Monroe
Tie Florida Keys
Robert B. Shillinger, County Attorney"
Pedro J. Mercado, Assistant County Attorney **
Cynthia L. Hall, Assistant County Attorney **
Christine Limbed- Barrows, Assistant County Attorney **
Derek V. Howard, Assistant County Attorney **
Steven T. Williams, Assistant County Attorney **
Peter H. Morris, Assistant County Attorney
Patricia Fables, Assistant County Attorney
Chris Ambrosio, Assistant County Attorney
** Board Certified in City, County & Local Govt. Law
To: Alan MacEachern, Information Technology Director
From: Christine Limbert- Barrows, Assistant County Attorney
Office of the County Attorney
1111 12 Street, Suite 408
Key West, FL 33040
(305) 292 -3470 — Phone
(305) 292 -3516 — Fax
Re: Portable Connectivity Solution to be utilized by the County during a State of Emergency
Date: June 5 2018
You have advised that when Hurricane Irma hit the Florida Keys it caused several connectivity issues that
affected communication throughout the Keys, including the inability to communicate with local radio
stations which was a primary means of communicating information. In order to ensure that essential
information is broadcast and communicated to the residents of the Florida Keys, you are working to
improve our system by implementing solutions for superior communication both internally and externally
As noted above, the County disseminated crucial information largely through radio broadcast, but
unfortunately the loss of connectivity of both cellular and land phone lines prevented continuous
communication of information during and post - storm. In an effort to prevent connectivity issues in the
event of a future storm or other natural disaster, you have advised that a portable connectivity solution
could be purchased by the County which would allow for the County to connect with the radio station
broadcasters, and ensure that vital information to County residents would be available.
You have requested an opinion on the permissibility of such purchase when the radio station could
potentially receive a benefit from the purchase of such device. The Florida Constitution provides that
County funds can be utilized so long as there is a public purpose. The constitutional provision seeks "to
protect public funds and resources from being exploited in assisting or promoting private ventures when the
public would be at most only incidentally benefited." However, if the expenditure primarily or substantially
serves a public purpose, the fact that the expenditure may also incidentally benefit private individuals does
not violate Article VII, section 10.
Article VII, section 10, Florida Constitution, provides in pertinent part:
"Neither the state nor any county, school district, municipality, special district, or agency of any of them, shall become
a joint owner with, or stockholder of, or give, lend or use its taxing power or credit to aid any corporation, association,
partnership or person.i 0
The purpose of the above constitutional provision is to keep the State out of private business, to insulate State funds
against loans to individual corporations or associations, and to withhold the State's credit from entanglement in private
enterprise.
Fla. Att'y Gen. Op. 2002 -18 (2002) (Citing See, Dame County, Board of Public Instruction v. Michigan Mutual
Liability Company, 174 So. 2d 3 (Fla. 1965); Bailey v. City of Tampa, 111 So. 119, 120 (Fla. 1926)).
2 Fla. Att'y Gen. Op. 2002 -18 (2002) (citing See, e.g., State v. Housing Finance Authority of Polk County, 37
1158, 1160 (Fla. 1979). 1 Packet Pg. 59
BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
Mayor Pro Tern Sylvia J. Murphy, District 5
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Danny L. Kolhage, District 1
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George Neugent, District 2
Heather Carruthers, District 3
As described to me, the public and residents of Monroe County would be benefited by the purchase and
implementation of the portable connectivity solution device, as it would allow for the County to connect
with the radio station and circulate vital information to its residents'. While the radio station may receive a
benefit from utilization of this device, it is only incidental to the primary public purpose of disseminating
vital information to its residents. Additionally, you have advised that the County will have control over the
use of the device by controlling the addition of minutes or data usage to the device'. It should be noted that
the anticipated price of the device is approximately 51,000 and has a usable life of approximately 3 plus
years.
In my opinion from a legal perspective, the purchase of the portable device would be permissible. The
presence of a public purpose is ultimately a factual determination for the Board of County Commissioners,
but, as set forth above, there is both a clearly identified and concrete public purpose as a primary objective,
and a reasonable expectation that the purpose will be accomplished'.
' Attorney General Opinion 83 -6 concluded that a municipality could contribute directly, or indirectly through
the purchase of equipment, to a nonprofit, quasi -public corporation's football program if such a program is open to the
public and satisfies a need for a public recreation program.
' Some degree of control over public funds or property should be retained by the public authority to assure
accomplishment of the public purpose ( O'Neill v. Burns, 198 So.2d 1 (Fla. 1967)
'Fla. Att'y Gen. Op. 1977 -27 (1977) Pack