Resolution 416-2019 RESOLUTION NO. 416 -2019
A RESOLUTION BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
TRANSFERRING ANY OWNERSHIP INTEREST MONROE
COUNTY HAS IN THE E-ONE CUSTOM RESCUE PUMPER
AND NFPA LOOSE EQUIPMENT PURCHASED UNDER REV
TECHNICAL CENTER INVOICE T-142747.
WHEREAS, the Ocean Reef Volunteer Fire Department (Fire Department) is a Florida
501(c) not-for-profit corporation; and
WHEREAS,the Fire Department provides emergency medical, rescue and fire protection
services for the community of Ocean Reef as well as mutual aid to the Monroe County Fire Rescue
services; and
WHEREAS,the Fire Department was in need of a new rescue pumper truck and associated
equipment; and
WHEREAS,the Fire Department has requested the assistance of Monroe County in paying
for the purchase of the rescue pumper truck and associated equipment; and
WHEREAS, Monroe County has entered into an Interlocal Agreement whereby Monroe
County has agreed, upon receipt of proper documentation,'to reimburse the Fire Department for
the purchase of the rescue pumper truck and associated equipment; and
WHEREAS, Monroe County finds that the purchase of the rescue pumper truck and
associated equipment are in the best interests of the citizens of Monroe County and serve a public
purpose;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
The Monroe County Board of County Commissioners, as the governing body of
Monroe County, hereby donates all right, title and interest Monroe County may
have in the 2019 E-one Custom Rescue Pumper (Vin #4EN6AAA89K1002747)
and the NFPA Loose Equipment purchased from REV Technical Center, Invoice#
T-142747 (attached as Exhibit A.), by the Ocean Reef Volunteer Fire Department.
Page 1 of 2
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 20`''day of November, 2019.
Mayor Carruthers Yes
Mayor Pro Tem Coldiron Yes
Commissioner,Kblhage Absent
2 4r.:0,� Commissioner Rice 'Yes� .� ,(. -, ,, Commissioner Murphy Yes
f't?. ,v BOARD OF COUNTY COMMISSIONERS
`w='- �� OF MONROE OUNTY FLORIDA
TIV:A S YIN MADOK, CLERK
By: ��I-...,4,,t-4_, BY:
— ayo eather Carruthers
Deputy Clerk
M OE COUN Al'i, aIN Y
OVER BM
PEDRO .MERCADO
ASSISTANT OUNTY ATTOPNEY
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Page 2 of 2
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EXHIBIT A.
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SOLD TO: SHIP TO:
Ocean Reef VFD Ocean Roof VFD
110 Anchor Drive 110 Anchor Drive
Key Largo,FL 33037 Key Largo,FL 33037
V2353 :4EN6AAAB9K1002747 Driver Due Upon Receipt
tang r rrEMr . DESCRIgflON >> aL313411 P. i
1 1.00 2019 E.ONE Custom Rescue Pumper 5539,980.00E 5539.080.00
1 2.00 NFPA Loose Equipment $59,1376.00 $59,075.00
APPROVED FOR PAYMENT
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INTERLOCAL AGREEMENT
MONROE COUNTY AND OCEAN REEF VOLUNTEER FIRE DEPARTMENT
THIS INTERLOCAL AGREEMENT is entered into this 20th day of November, 2019
pursuant to Sec. 163.01, F.S., by and between Monroe County, a political subdivision of the
State of Florida, (hereafter "COUNTY"), and Ocean Reef Volunteer Fire Department, Inc., a
Florida not-for-profit corporation, its successors and assigns, (hereafter "FIRE
DEPARTMENT").
WHEREAS, the Ocean Reef Volunteer Fire Department, Inc. ("FIRE DEPARTMENT")
is a Florida not-for-profit corporation having its principal office at 100 Anchor Drive, Key
Largo, FL 33037. The Fire Department is a "501(c)" corporation under the provisions of the
United States Internal Revenue Code; and
WHEREAS, the County has the authority to accept the service of volunteers consistent
with the provisions of Sections 125.9501 through 125.9506, Florida Statutes, and the services of
volunteer firefighters are essential to the health, safety, and welfare of the residents of and
visitors to Monroe County; and
WHEREAS, the Florida Legislature, as specified in Section 401.104, Florida Statutes,
has declared its' intent that emergency medical services are essential to the health and well-being
of all citizens and that private and public expenditures for adequate emergency medical services
represent a constructive investment in the future of the State of Florida; 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 also fire department vehicles and emergency medical service vehicles; and
WHEREAS, Florida courts and the Florida Attorney General have recognized that a
governmental entity, such as the County, may carry out a public purpose through private,
nonprofit corporations, and this method of providing services to the public has been approved,
provided that proper safeguards and some degree of control are exercised and retained by the
governmental entity to assure accomplishment of the public purpose; and
WHEREAS, Florida Attorney General opinion 2002-18 has opined that a Board of
County Commissioners may expend.public funds to assist a county volunteer fire department in
making payments on the purchase of a new fire truck where the county finds that a public
purpose is present; and
WHEREAS, by approving this Agreement, the County approves of the expenditure of
public funds for the purchase of a new fire truck and finds that the provision of fire protection
and emergency medical and rescue services through the FIRE DEPARTMENT serves a public
purpose.
NOW, THERFORE IN CONSIDERATION of the mutual consideration and premises
set forth below, the parties hereto agree as follows:
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1. PURPOSE OF THE INTERLOCAL AGREEMENT:
The purpose of this agreement is to set forth the terms and conditions under which the FIRE
DEPARTMENT will purchase fire vehicles and the COUNTY will reimburse the FIRE
DEPARTMENT using infrastructure sales surtax monies.
2. PURCHASE OF ITEMS BY THE DISTRICT:
2.1. The FIRE DEPARTMENT will purchase and retain ownership of one E-One Custom
Rescue Pumper truck under this Agreement and in accordance with the accompanying resolution
to transfer any ownership interest COUNTY may have.
2.2 The FIRE DEPARTMENT warrants and represents that the vehicle has a minimum
expected life of at least five (5) years. The FIRE DEPARTMENT will retain ownership of the
approved equipment and will maintain the fire truck on the FIRE DEPARTMENT'S inventory,
and will not sell, transfer or assign either the asset or title to the asset for a minimum of five (5)
years from the date of execution of this Agreement without the prior express written consent of
the COUNTY.
2.3 In purchasing this item, the FIRE DEPARTMENT will follow Monroe County's
Purchasing Policy with respect to the need for competitive procurement.
3. REIMBURSEMENT:
3.1. After purchase of the fire truck, the FIRE DEPARTMENT 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 equipment purchased (including the make,
model, and VIN number if applicable), 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 FIRE DEPARTMENT for said expenditures.
3.2 Reimbursement requests will be submitted to the County. The COUNTY shall only
reimburse those reimbursable expenses which are reviewed and approved as complying with
Monroe County Code of Ordinances, State laws and regulations. The final request for
reimbursement must be submitted no later than 11/30/2019. Any requests for reimbursement
submitted after that date will not be honored.
3.3 The maximum amounts per fiscal year for reimbursement are as follows:
FY2019
(10/1/2018-9/30/2019)
Fire Truck $600,000.00
3.4 The request for reimbursement must be signed by an officer of the Ocean Reef Volunteer
Fire Department, Inc having the authority to bind the corporation. It must be notarized, and must
include the following language:
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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.
3.5 This Agreement is subject to annual appropriation by the Board of County Commissioners
of Monroe County, Florida.
4. INSURANCE AND HOLD HARMLESS:
4.1 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.
4.2 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.
4.3 Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
COUNTY and.FIRE DEPARTMENT 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 FIRE DEPARTMENT be required to contain
any provision for waiver.
5. GOVERNING LAW,VENUE,INTERPRETATION, COSTS,AND FEES:
5.1 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.
5.2. In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement,the COUNTY and FIRE DEPARTMENT agree
that venue will lie in the appropriate court or before the appropriate administrative body in
Monroe County,Florida.
5.3. The COUNTY and FIRE DEPARTMENT 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-
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prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket
expenses in appellate proceedings.
6. 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 FIRE DEPARTMENT 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.
7. BINDING EFFECT:
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the
benefit of the COUNTY and FIRE DEPARTMENT and their respective legal representatives,
successors, and assigns.
8. 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 corporate action, as
required by law.
9. CLAIMS FOR FEDERAL OR STATE AID:
The FIRE DEPARTMENT 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.
10. NON-DISCRIMINATION:
The FIRE DEPARTMENT and COUNTY agree that there will be no discrimination against any
person. The FIRE DEPARTMENT 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
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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.
11. CODE OF ETHICS:
11.1 Both parties understand and agree that the officers and employees of the COUNTY 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
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.
11.2 The FIRE DEPARTMENT 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.
12. NO SOLICITATION/PAYMENT:
The COUNTY and FIRE DEPARTMENT 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.
13. PUBLIC ACCESS:
The COUNTY and FIRE DEPARTMENT 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.
14. 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. Both parties
to this Agreement warrant that they are authorized by the necessary corporate action to enter into
this Agreement on behalf of their respective entities.
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,
15. NOTICES.
Notices in this Agreement, unless otherwise specified, must be sent by certified mail to the
following:
Monroe County Ocean Reef Volunteer Fire Department, Inc.
County Administrator Greg Tindle, Vice President
1100 Simonton Street 100 Anchor Drive
Key West, FL 33040 Key Largo, Fl. 33037
16. 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.
29. EFFECTIVE DATE:
This Agreement will take effect on the day last signed by the parties to the Agreement.
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WHEREOF, the parties hereto have set their hands and seals the day and year
P �� y
i -0 v :''— �° BOARD OF COUNTY COMMISSIONERS
'+y�� '•4 5 MADOK, CLERK OF MONROE CO NTY, FLORIDA
By G7et By
Deputy Clerk Mayor H athe arruthers
OCEAN REEF VOLUNTEER FIRE
DEPARTME T, INC.
By
MO AP'PHOVEDUAS O ATTOtR, �Y
reg indle, Vice President
NROE 1°,1 ,
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PEDRO J.MERCADO m,rr, C, e
ASSISTANT COUNTY ATTORNEY r
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