Item C5BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
January
21, 2015
Division:
Emergency Services
Bulk Item: Yes
X
No _
Department:
Fire Rescue
Staff Contact Person: James Callahan 289-6088
AGENDA ITEM WORDING: Approval of agreement between Big Pine Key Volunteer Fire
Department, Inc., and the Board of County Commissioners of Monroe County, to accept and transfer to
Monroe County, a political subdivision of the State of Florida, the physical assets of the Big Pine Key
Volunteer Fire Department Corporation, including title, with the provision that the assets shall continue
to be located in and used principally for the benefit of fire service in the Big Pine Key, Monroe County,
Florida area for the remainder of their serviceable life. A complete inventoried list will presented to the
Clerk of Court upon completion; with capital items to be tagged per County policy.
ITEM BACKGROUND: On November 17, 2014 the full Board of Directors of the Big Pine Key
Volunteer Fire Department, Inc., Paul Roxenberg, Jordan Haarbauer, Jeff Kelly, Bobby Howard,
August Powers, and Don McNabb, voted to turn over control of the Big Pine Key Volunteer Fire
Department to Monroe County effective January 1, 2015. The resolution was presented and accepted by
the Big Pine Key Volunteer Fire Department general membership on December 11, 2014.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST FY15: N/A INDIRECT COST: BUDGETED: Yes No
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes VOMB/Purchasing
Noo X AMOUNT PER MONTH YEAR
APPROVED BY: County Atty Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
CONTRACT SUMMARY
Contract with: Big Fine Key Volunteer Fire Dept, Inc. Contract# N/A
Effective Date: 01/21/2015
Expiration Date: N/A
Contract Purpose/Descriptioa:
Ap
proval ammo —I bchv-m Big Pine Kev Vo
lunteer Fire DgggMenL Inc.. and the
119ard, of County CoggWojQgM of MogMe CggptyA9 accept and transfer to MopMg
Qgu_ntL g gglitical ggbdiviMf theStategf Edtheph calfth igPine
&a Volunteer Fire P-Martment CaMutdam jwLu_&g title. mdth_Q&_=yWM that the
assets sW continue IQ be Igated in and used gringjaft far the benCM of fm service in
_.
the Big Pine KMqWc CM!p_tL Florida MM-_kr_Uw remainLer gf &;k servicghle lif
S.
A comUlete-inveMdod list will presented to the Clerk of Court anon -!p,=ledg - with
Wital items to be tagged per Cnma pg-hLc-y,
Contract Manager. Molly.Pfiester 6088 m ency Services / St T 14
- - K�
(Name) (Ext) (Department/Stop, #)
for BOCC meeting on: 01/21/2015 Agenda Dwdline: 01/06/2015
CONTRACT COSTS
Total Dollar Value of Contract: N/A Current Year Portion: N/A
Budgeted? YesEl No F1 Account Codes:
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: _LO
For.
(es. maintenance, UfiHfiMj8nitjCig4 SWRAW, etc)
Cbanges Date out
Date In Needed ew
Division Director /=.-4�YesF] Noo-
Risk Mimagement YesEl No[]
countyAttomey I-L-70(s YesEINoD, -
Comments:
Agreement
By and Between Big Pine Key Volunteer Fire Department, Inc.
and Monroe County Regarding the Transfer of Assets
This agreement ("Agreement") is entered into by and between Big Pine
Key Volunteer Fire Department, Inc., a not for profit corporation organized and
doing business under the laws of the State of Florida (hereinafter the
"Corporation") and the Board of County Commissioners of Monroe County,
Florida, a political subdivision of the State of Florida (hereinafter the "County").
WHEREAS, on November 17, 2014, the Board of Directors of Big Pine
Key Volunteer Fire Department, Inc. ("Corporation") adopted a resolution
directing that the corporation be dissolved and directing that the question of
dissolution be submitted to a vote at a meeting of the members of the
Corporation entitled to vote on the question; and
WHEREAS, on December 10, 2014, the Board of Directors of the
Corporation adopted a resolution recommending the plan of distribution of assets
attached hereto as Exhibit A ("Plan") and directing the submission of the Plan to
a vote at a meeting of the members of the Corporation; and
WHEREAS, a meeting of the members of the Corporation entitled to vote
was held on December 11, 2014, at which time a majority of members present at
the meeting as defined in the By -Laws of the Corporation adopted the resolution
to dissolve the corporation and approved the Plan; and
WHEREAS, the Corporation is in possession of and holds title to the
physical assets listed on the manifest attached hereto as Exhibit B; and
WHEREAS, it is the desire of the Corporation to transfer possession and
title to the physical assets to Monroe County, subject to the provision that the
assets shall continue to be located in and principally used for the provision of fire
service in the Big Pine Key, Florida, area for the remainder of their serviceable
life; and
WHEREAS, it is in the best interest of the parties to enter into an
agreement clarifying the future ownership, use and title to the physical assets
described in this Agreement.
NOW THEREFORE, Monroe County and the Corporation, by and through
their respective elected governing bodies, hereby agree as follows:
Effective upon approval of this Agreement by both parties, Monroe
County shall accept title to and possession of the assets listed in
Exhibit B, subject to the provision that the assets shall continue to
be located in and principally used for the provision of fire service in
the Big Pine Key, Florida, area for the remainder of their
serviceable life.
2. Upon transfer of title and possession of the physical asset, Monroe
County shall henceforth be responsible for all maintenance,
upkeep, and risk.
3. The parties shall mutually cooperate with one another in order to
accomplish the transfer of title and possession of the assets.
4. Both parties to this Agreement warrant that they have the
necessary legislative and/or corporate authority to execute the
Agreement.
b. In the event that any administrative or legal proceeding is instituted
against either party relating to the formation, execution,
performance or breach of this Agreement, the parties agree to
participate, to the extent required by the other party, in all
proceedings, hearings, processes, meeting and other activities
related to the dispute.
8. This Agreement will be interpreted under the laws of the State of
Florida. In the event of any disagreement arising under the
Agreement, the parties agree that venue will be based in Monroe
County. This Agreement is not subject to arbitration.
y. The parties agree that neither party has employed or 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.
8. The parties understand and agree that officers and employees of
the County are bound by the Code of Ethics in the Florida Statutes
and the Code of Ethics in local law regarding, but not limited to, the
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. The Corporation 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 Monroe County Ordinance No. 10-1990 or any current
County officer or employee in violation of Section 3 of Ordinance
No. 10-1990.
K
9. This Agreement will take effect upon execution by both of the
parties.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals
below as of the day and year first above written.
(SEAL)
ATTEST: AMY HEAVILIN, CLERK
OF MONROE COUNTY, FLORIDA
BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY
By:
Deputy Clerk Mayor/Chairman
BIG PINE KEY VOLUNTEER FIRE
DEPARTMENT, INC.
By:
Print Name:
MONROE COUNTY ATTORNEY
PPR VET A T F M:
CYNTHIA L. ALL
ASSI TANT COUNTY ATT..RNEY
K
Exhibit A
Plan for Distribution of Assets
Big Pine Key Volunteer Fire Department, Inc.
In accordance with Section 617.1406, Florida Statutes, set forth below is the plan
for distribution of the assets of the Big Pine Key Volunteer Fire Department, Inc., a
not -for -profit corporation organized and doing business under the laws of the ;State
of Florida ("Corporation."):
1. All liabilities and obligations of the Corporation shall be paid and
discharged, or adequate provisions be made therefor;
2. The Corporation has no assets held upon the condition that they be returned,
transferred, or conveyed upon the dissolution of the Corporation;
3. Upon dissolution, liquidation, and winding up of the Corporation, and after
paying or making provisions for the payment of all liabilities, the Board of
Director shall dispose of the assets of the Corporation in the following
manner:
a. The physical assets of the Corporation including title to the assets will
be transferred. to Monroe County, a political subdivision of the State
of Florida, with the proviso that the assets shall continue to be located
in and used principally for the benefit of fire service in the Big Pine
Key, Monroe. County, Florida area for the remainder: of their
serviceable life;
b. Any physical assets not transferred to Monroe County, and all other
non-physical assets, shall be donated to a not for profit corporation or
organization qualified as exempt under Section 501(c)(3) of the
Internal Revenue Code and operated exclusively for charitable,
educational, or scientific purposes or as a benevolent association,
which shall continue to benefit the fire service in the Big Pine Key,
Monroe County, Florida area.
A copy of this Plan for Distribution of Assets, authenticated by an officer of the
corporation and containing the officer's certificate of compliance with the
requirements of subsection (1) or subsection (2) of Section 617.1406, Florida
Statutes, will be filed with the Department of State prior to dissolution of the
Corporation.
r
e Big Pine Key Volunteer Fire Department, Inc.
Fire Station 13
P. 0. Boat 430192 - Big Pine Key, Florida 33043
(305) 872-0975
December llth, 2014
Florida Department of State
Amendment Section
Division of Corporations
P.O. Box 6327 Clifton Building
Tallahassee, FL 3231
Re: flan for Distribution of Assets, Dissolution. of Nat for Profit Corporation
Dear Sir or Madam:
Please accept for filing. this letter and the attached Plan for Distnbution of Assets.
l . I, Paul B. Roxenberg: am the President of the Big Pine Volunteer Fire Department, Inc.
C'Corporation") and am duly authorized to authenticate the attached document and make
the following representations'.
2. On November 17tk. 2014, the Board of Directors of Big Pine Key Volunteer Fire
Department, Inc_ ("Corporation") adopted a resolution directing that. the corporation be
dissolved and directing that the question of dissolution be submitted to a vote at a
meeting of the members of the Corporation entitled to vote on the question.
3. A meeting of the members: of the Corporation entitled to vote was held on December
1 lth,. 2014. Written notice giving notice, of the meeting and stating that one of the
purposes for the meeting was to consider the advisability of dissolving the corporation
was given to each active member of the corporation entitledto vote at the meeting in -
accordance with the Bp -Laws of the Corporation. A quorum of members as definedin
the By -Laws of the Corporation was present for the meeting.. A resolution to dissolve
was, adopted after a vote of the members entitled to vote, at which time a majority of
members entitled to vote and present at the meeting or represented by proxy voted in
favor of dissolution.
4. On December 1 Otk 2014, the Board of Directors of the Corporation adopted. a resolution
recommending the attached plan of distribution of assets CFlan"), and directing the
submission of the Plan to a vote at a meeting of thee members of the Corporation.
5. A meeting was held on December 1 lth, 2014, at which time the members considered the
Plan. Written notice of the proposed Plan or a summary of the Plan was given to each
member entitled to vote, as outlined in the Corporation's By -Laws. A. quorum as defined
2
in the By -Laws of the Corporation was present for the meeting. The Plan was adopted.
after receiving a majority of the votes of members at the meeting or represented by proxy.
6. The Plan attached to this letter is a true and correct copy of the Plan adopted by the,
Corporation after the affirmative vote described in paragraph (5).
Respectfully submitted,
Big Pine Key Volunteer Fire Department, Inc.
By:7T�� --
Paul Roxenberg
President
P
Exhibit B
Inventory list for Big Pine Key Volunteer Fire Department, Inc.
As of January 1, 2015
Office Equipment
1. 1- HP Envy Phoenix Computer (downstairs main office)
Serial # MXX3030BT5
Model # H9 1330 PC
2. HP Officejet Pro 8600 Plus Printer (downstairs main office)
Serial # CN2BSB3HOC
Model # SNPRC-1101-01
3. Royal 1620 MX paper Shredder (upstairs volunteer office)
Lot # 140159813
4. Cannon P-23 DHV Calculator
5. Fujitsu IX500 Scanner
6. Horizontal two drawer file cabinet
7. Upright two drawer file cabinet
8. Upright four drawer file cabinet
9. HP Officejet 7200 printer (upstairs volunteer office)
Serial # MY4BLC82PK
Model # SDGO-0305-01
Fitness Equipment
1. Sole Elliptical Trainer
Serial # 5550131312000162
Model - E55
2. Stepmill 7000 PT Stairmaster w/ deluxe service package
3. Set of four Kettlebell weights
4. 1 - Everlast workout mat 2'x6'
5. 1- Ringside Heavy Punching Bag
Electronics
1. 1- Sherwood RX-4109 Stereo Receiver
Serial # RX4109V(a)14.05010J0944
2. 1- Vizio 42" LED HDTV E420-B1
3. 2- TV wall mounting plates
4. 1- Polk Audio 31" Surroundbar SB2000 for TV
5. 3 - Garmin nuvi 2699 LMT GPS devices
SN# 3N5025507
SN# 3N5025627
SN# 3N5025506
Tools
1. Craftsman 10 drawer rolling stainless tool chest
2. Craftsman 3/8" drill
3. Dewalt 3800 psi Powerwasher with Honda engine
4. Diehard DH-200M 200 amp battery charger
5. Misc. hand tools including wrenches, drill bits, socket sets, screwdrivers, tape measure,
power cord, cutters, channel locks
Vehicles
1.2006 Chevrolet Silverado 2500 HD Pick Up Truck
VIN # 1GCHC23D16F142481
2. 2008 Ford Explorer Pick Up Truck
VIN # 1FMEU31E18UA02832
3. 2014 24' Cargomate Trailer
VIN # 5NHUCMZ20FU217695
4. Continental Trailer
VIN # 1ZJBU1613DM077803
Model UT61228-2300
Re-Hab Trailer Supplies
1. 2- Lifetime 8' tables
2.8 - Lifetime folding chairs
3. 1-10'x20' Honeycomb Core Aluminum Professional Grade Canopy
4. 2- Misting fans
5.1- Goldline Trailer Cover
Cascade System
1- Bauer Open vertical Air System 5000 psi
1- Bauer Class 2 Fill Station
4 - 5000 psi Air Cylinders
* (Cost of system $27,632.39)
Training Equipment
1- "Rescue Randy" Mannequin for drills
Hurst Tool
1 Hurst SC357E2 Combi Toolw/ 3 batteries
1- Mount bracket
cost ($11,150.58)
THE BIG PINE KEY VOLUNTEER FIRE DEPARTMENT, INC.
PAGERS INVENTORY LIST
IN STOCK - 2014
SIGNED OUT TO
VOLUNTEER
136WPS3335/BP-13-3335 (Repeater —New in box)
136WPS3332/BP-13-3332 (Repeater)
136WPS3333/BP-13-3333 (Repeater)
136WM1 875/BP-1 3-1875 (Repeater)
136WPS3330/BP-13-3330 (Repeater)
Troy Hatcher
136WPS3328/BP-13-3328 (Repeater)
Bobby Howard
136WPS3335/BP-13-3335 (Repeater)
Nick Hultman
136WJU K533/BP-1 3-1533 (Repeater)
Jeff Kelly
136WPS3340/BP-13-3340 (Repeater)
Jason Pearson
136WPS3336/BP-13-3336 (Repeater)
Thomas Peteck
136WPS3325/BP-13-3325 (Repeater)
Paul Roxenberg
136WPS3344/BP-13-3344 (Repeater)
Steve Sdankus
136WJUK533 / 1313-13-K53
136WMS1875 / BP-13-1875
136WNH5964 / BP-13-5964
136WGCB125- DAMAGED
136WGCB131 -DAMAGED
136WKG4248 - DAMAGED