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Item C02BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 20, 2004 Division: Countv Administrator Bulk Item: Yes X No Department: Fire Rescue AGENDA ITEM WORDING: Approval of Contract Addendum with Key Largo Volunteer Fire Department, Inc., amending the vehicle allowance to $550.00 per month. ITEM BACKGROUND: Under the fire service contract with Key Largo Volunteer Fire Department, Inc., there is a vehicle allowance of $450.00 per month to cover the purchase or lease and associated and/or related operating expenses of a motor vehicle to be used by the corporation primarily for response to fire rescue related incidents and to support incident command activities at the scene. This amount has been unchanged since October 1992 and considering the rising costs of purchasing and maintaining a vehicle, this amount needed to be adjusted accordingly. At the July 23, 2004 budget meeting, the board approved adding $100.00 to this allowance bringing it up to $550.00 per month. PREVIOUS RELEVANT BOCC ACTION: On October 7, 1992, the Board approved anew basic service agreement with Key Largo Volunteer Fire Department, Inc. On September 18, 2002, the Board approved extending the agreement on a month -to -month basis pending the execution of a new service agreement. During the Fiscal Year 2005 budget process, at the July 23, 2004 budget meeting, the Board approved adding $100.00 to this allowance bringing it up to $550.00 per month. On September 21, 2004, the Board approved the Fiscal Year 2005 budget, including this increase. CONTRACT/AGREEMENT CHANGES: Paragraph 1: TERM OF AGREEMENT: The effective date of this Contract Addendum is October 1, 2004 and shall continue on a month -to -month basis pending execution of a new service agreement. Paragraph 16: Department Vehicle Allowance: Amended to increase by $100.00, making the new vehicle allowance $550.00. STAFF RECOMMENDATIONS: Approval. TOTAL COST OF INCREASE: $1,200.00 BUDGETED: Yes X No SOURCE OF FUNDS: Ad valorem taxes. REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty Yes FIRE CHIEF APPROVAL: DIVISION DIRECTOR APPROVAL: OMB /P chasing Ye Ris Management Yes Clark O. Martin, Jr. James L. Roberts DOCUMENTATION: Included X To Follow Not Required DISPOSITION: AGENDA ITEM #_ (' Revised 1/03 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Key Largo Volunteer Contract # Fire Department, Inc. Effective Date: 10/01/04 Contract Purpose/Description: Expiration Date: ongoing Contract Addendum increasing the vehicle allowance from $450.00 to $550.00 per month. Contract Manager: Susan Hover 6088 Fire Rescue, Stop 14 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 10/20/04 Agenda Deadline: 10/05/04 CONTRACT COSTS Total Dollar Value of Contract: $ not to exceed Budgeted? Yes® Grant: $ County Match: $ No ❑ budgeted amount Account Codes: 11500-530-340- Current Year Portion: $ ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eP. maintenance CONTRACT REVIEW Changes Date In Needed er Division Director Yes[:] No Risk Management -t* Yes❑ No0 O.M.B./Purchasing 9y0 j", Yes❑ No l[� County Attorney 91 ----7 ey Yes❑ NoEj--- Comments: etc. Date Out v�•a✓ a v.... iw♦ .1— -1L II— 1Y1t.1 7iL CONTRACT ADDENDUM THIS CONTRACT ADDENDUM is made and entered into this day of 2004, between the Board of County Commissioners of Monroe County, Florida, acting as the governing board for the Municipal Services Taxing District 6", hereinafter referred to as "DISTRICT", and Key Largo Volunteer Fire Department, Inc., hereinafter referred to as "CORPORATION", in order to amend the agreement between the parties dated October 7, 1992 as follows: TERM OF AGREEMENT: This CONTRACT ADDENDUM shall become effective on October 1, 2004 and shall continue on a month -to -month basis pending execution of a new service agreement. 16. DEPARTMENT VEHICLE ALLOWANCE: The DISTRICT shall fund to the DEPARTMENT five hundred fifty ($550.00) per month for Chiefs/Command/Support vehicle allowance. In all other respects, the agreement between the parties dated October 7, 1992 remains in full force and effect. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year first written above. (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: DANNY L. KOLHAGE, CLERK MUNICIPAL SERVICES TAXING DISTRICT 6 Deputy Clerk Mayor/Chairman (SEAL) KEY LARGO VOLUNTEER FIRE ATTEST: DEPARTMENT, INC. Secretary President LIZAIN i N RNEY BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 18, 2002 Division: County Administrator Bulk Item: Yes X No Department: Fire Rescue AGENDA ITEM WORDING: Approval to extend the Key Largo Volunteer Fire Department, Inc. service agreement, which expires on September 30, 2002, on a month -to -month basis pending execution of a new service agreement. ITEM BACKGROUND: The last contract to be executed was on October 7, 1992, which upon expiration was extended on a month -to -month basis pending the negotiation and execution of a new service agreement. After five years of existing on a month -to -month basis, on November 20, 2001 a contract addendum was approved to increase each volunteer reimbursement by $50.00, and to set an expiration date of September 30, 2002. At this time, with the new Chief aboard, efforts are being made to negotiate a new service agreement, and we anticipate that this will be accomplished within six months, resulting in the execution of a new agreement. PREVIOUS REVELANT BOCC ACTION: On October 7, 1992, the Board approved a new basic service agreement with Key Largo Volunteer Fire Department, Inc. On October 16, 1996, the Board approved extending the agreement on a month -to -month basis pending the execution of a new service agreement. On November 20, 2001, the Board approved a Contract Addendum to increase each volunteer reimbursement by $50.00. CONTRACT/AGREEMENT CHANGES: None. STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: Not to exceed budgeted amount. BUDGETED: Yes X No COST TO COUNTY: Not to exceed budgeted amount. REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year APPROVED BY: County Atty N/A FIRE CHIEF APPROVAL: DIVISION DIRECTOR APPROVAL: OMB urchasing N/A sk Management N/A K, � ee� Clark Martin James L. Roberts DOCUMENTATION: Included To Follow DISPOSITION:IZ,Fril� Not Required X AGENDA ITEM #— n 3 & Revised 2/27/01 An"RREMENT AGREEMENT made this 7th day (). October 1992 b y an Monroe County Board of County Commissioners a tinga asetween governine Board for Municipal Services 'axing District 6, hereinafter known as ("District") and Key Largo Volunteer Fire Department, Inc. hereinafter known as ("Department"). RECITALS WHEREAS, The Monroe County Board of Count pursuant to the authority granted to it in Chapter i125 �nLaws hasLawsFlorida, and Article 7, Section 9 Floria Constitution, established the Municipal Service Taxinge Districts 6, for the purpose of providing fire n, fire suppression, rescue services, and control of hazardous situations herein after called "Fire Rescue Services" primariy benefit of the taxpayers residing within said District, land or the WHEREAS, within the District fire departments have been organized as non-profit corporations for the purpose of providing Fire and Rescue Services within the District, and WHEREAS, such Fire and Rescue Services constitute essential services necessary to the health and safety of Monroe County residents, and WHEREAS, the Monroe County Board of County Commissioners has provided by ordinance for the reimbursement of expenses incurred by the various departments for said services from funds strictly within the budget for the District, and WHEREAS, the various volunteer fire fighters and rescue personnel within the District are available and on constant alert, and WHEREAS, the parties desire to enter into an AGREEMENT for the reimbursement of expenses relating to the services provided by the department and other related matters. NOW, THEREFORE, in consideration of the covenants contained herein and other good and valuable considerations the parties agree as follows: 1• TERM OF AGREEMENT The term of this AGREEMENT shall be for a period of one (1) years, commencing on October 1, 1992 and expiring on September 30, 1993 unless terminated earlier and hereafter provided. Upon expiration, if necessary the contract may continue on a month to month basis until renegotiated. 2. TERMINATION The DISTRICT may terminate this AGREEMENT at any time during its term if the DEPARTMENT defaults under any provisions specified herein, or violates any standard specified in this AGREEMENT, or violates any other law, regulation or standard applicable to furnishing of Fire and Rescue Services in Monroe County. In such event, the Administrator of the County shall furnish the DEPARTMENT written notice of any such default or violation and the DEPARTMENT shall have thirty (30) days from receipt of said notice to correct or remedy such fault violation. If such violation is not corrected or such default or not remedied within said thirty (30) day period, or is of such is nature that it can not be corrected or remedied, this AGREEMENT shall be considered void. The DEPARTMENT may terminate this AGREEMENT without cause by giving sixty (60) days written notice indicating its desire to terminate same. 3. RESPONSE AREA AND MUTUAL AID The DEPARTMENT shall be the primary provider of Fire Rescue Services and secondary provider of Basic Life Support Services within their response area. The DEPARTMENT shall also provide mutual aid response to any other department upon request and/or in accordance with existing protocol, applicable laws, rules, regulations and standards. 4• PERSONNEL The DEPARTMENT shall maintain volunteer and/or paid personnel so as to ensure a complement of personnel to provide Fire and Rescue Services on a twenty four (24) hour basis to the DISTRICT. Scheduling and assignment of personnel shall be arranged so as to utilize, to the maximum extent possible, volunteer personnel. Only in the event the DEPARTMENT deems it necessary to maintain coverage or to meet administrative needs shall paid part-time or full-time employees be employed. 5. MINIMUM STANDARDS AND TRAINING The DEPARTMENT shall require that all volunteer personnel engaged in Fire and Rescue Services comply with the minimum training, education and performance requirements of the State of Florida for volunteer fire fighters and the Standard on Monroe County Fire Rescue Occupational Safety and Health Program adopted by the DEPARTMENT, the Monroe County Fire Chief's Association, and the DISTRICT. Full-time paid fire fighters shall meet minimum State qualification standards for paid fire fighters or achieve same within one (1) year from date of hire.. The DEPARTMENT shall establish and maintain a training and continuing education program designed to maintain a high degree of competence and skill on the part of all volunteer and/or paid fire rescue personnel. The DEPARTMENT shall also facilitate and encourage attendance by all volunteer and/or paid fire rescue personnel at proficiency training programs provided by the DEPARTMENT and/or the Monroe County Fire Marshal's Office The DEPARTMENT shall mainta4 current and accurate training and proficiency records for all volunteer and/or personnel evidencing compliance with this paid fire rescue provision. The costs 9 of such programs and other training classes, seminars, meetings, or drills including travel expenses, shall be funded by the DISTRICT in accordance with applicable laws, rules, and regulations, and upon submission of proper. supporting documentation. 6. PAID EMPLOYEES The DEPARTMENT may employ such part-time or full-time employees as it determines is necessary to carry out its Fire and Rescue Services. Part-time or full-time employees of the DEPARTMENT shall be compensated by the DEPARTMENT at a rate commensurate with that of other similarly trained and experienced personnel employed within Monroe County. The DISTRICT shall reimburse to the DEPARTMENT on a regular monthly basis all costs, charges, or expenditures relating to paid employees of the DEPARTMENT. 7. VEHICLES, EQUIPMENT, AND FACILITIES The DISTRICT shall provide to the DEPARTMENT sufficient vehicles, equipment, and facilities to enable the DEPARTMENT to carry out its Fire and Rescue Services within the DISTRICT as provided for in the Monroe County Master Public Fire Defense Plan or any other plans or documents relating to Fire and Rescue Services that are adopted by Monroe County. The DISTRICT shall be responsible for the general maintenance and repair of the vehicles, equipment, and facilities owned and/or leased by the DISTRICT as well as, required periodic testing and certification of all equipment, as necessary, used by the DEPARTMENT in connection with its Fire and Rescue Services. The DEPARTMENT shall be responsible for proper control of all assigned vehicles, equipment, and facilities. The DEPARTMENT shall be responsible for notifying the Monroe County Fire Marshal's Office of needed repairs for vehicles, equipment, and facilities and shall assist in arrangements for said repairs. The Fire Marshal's Office shall have the right to inspect the vehicles, equipment, or facilities at any reasonable time. 8. PROPERTY CONTROL The DEPARTMENT shall provide a system for Property control of the vehicles and equipment owned and/or leased bytheDISTRICT or Monroe County, and used by the DEPARTMENT to provide Fire and Rescue services. The DEPARTMENT shall assist in the performance of the annual inventory of the vehicles and equipment. 9. SUBCONTRACTS The DEPARTMENT may subcontract its services when such Subcontracts are determined to be beneficial to the DEPARTMENT, the DISTRICT or Monroe County, and/or the community. The DEPARTMENT may utilize egdApment and vehicles owned and/or leased by the DISTRICT or Monroe County in conjunction with the above 3 subcontractors provided that no reduction in the level of service to their respective service area results from the utilization of said equipment for subcontractual services.' Notice to subcontract, when District equipment and/or vehiclesof willintent used, must be provided to the DISTRICT at least 30 days prior to execution of said subcontract in order to allow for proper review and comment concerning same. A signed copy of all subcontracts shall be provided to the DISTRICT. 10. DISTRICT INSURANCE The DISTRICT and/or Monroe County on behalf of the DISTRICT shall provide the following insurance coverage on and for the volunteers of the DEPARTMENT: A. Workers Compensation Insurance as required by Florida Statutes Chapter 440, including minimum $500,000 Employer's Liability coverage. B. General Liability Insurance, with minimum limits of $2,000,000. C. Automobile Liability Insurance with minimum limits of $2,000,000 including Physical Damage Insurance on all vehicles owned or leased by the DISTRICT or Monroe County and used by the DEPARTMENT. The policy shall provide secondary coverage on private vehicles only during such time as they are operated in response to a call, and ending, either at such time as the volunteer returns to his/her home, or to the first location to which a volunteer stops on the way home, after completion of participation in the emergency services that were subject to the call, whichever occurs first. All District liability insurance policies shall name the DEPARTMENT as an additional insured. Proof of all insurance in a form acceptable to the DEPARTMENT shall be provided by the DISTRICT upon request. 11. DEPARTMENT INSURANCE The DEPARTMENT shall provide the following insurance on all part-time and full-time employees of the DEPARTMENT: A. Workers Compensation Insurance in compliance with Florida Statutes Chapter 440 including minimum $500,000 Employer's Liability coverage. B. Unemployment Compensation in compliance with Florida Statutes Chapter 443. C. General Liability Insurance with minimum limits of $300,000 Combined Single Limit. D. Disability income insurance for a minimum of three hundred dollars ($300.00) weekly upon total disability for the first tkirty (30) days and thereafter, in an amount up to six•hundred dollars ($600.00) weekly, not to exceed the employee's net income. Said benefit shall ■ continue until the employee can return to his regular work duties. E. Death benefits insurance with a minimum amount of fifty thousand ($50,000.00) death/permanent disability benefit for the employee while engaged in the performance of his/her duties. The Department shall provide the following insurance on all volunteers of the Department: A. Disability income insurance for a minimum of three hundred dollars ($300.00) weekly upon total disability for the first thirty (30) days and thereafter, in an amount up to six hundred dollars ($600.00) weekly, not to exceed the volunteer's regular salary. Said benefit shall continue until the volunteer can return to his regular work duties. B. Death benefits insurance with a minimum amount of fifty thousand ($50,000.00) death/permanent disability benefit for the volunteer while engaged in the performance of his/her duties. The Department shall provide the following insurance on all vehicles owned and/or leased by the Department and used in providing Fire and Rescue Services within the District: A. Automobile Liability Insurance with minimum limits of $300,000 Combined Single Limit. All liability policies are to name both the DISTRICT and Monroe County as additional insured, and shall provide for no less than thirty (30) days notice of cancellation, non -renewal, or reduction in coverage. Proof of all insurance in a form acceptable to the DISTRICT shall be provided by the DEPARTMENT upon request. 12. INSURANCE REIMBURSEMENT The costs of insurance policies required under the provisions of Section 11 of this AGREEMENT shall be a cost, charge, or expenditure of the DEPARTMENT for which the DISTRICT, upon receipt of proper invoices and applicable documentation, shall reimburse the DEPARTMENT. 13. PRIVATE VEHICLE INSURANCE All DEPARTMENT personnel shall keep in full force and effect a policy of liability insurance on his/her private vehicle(s) in at least such minimum amounts of coverage as are required under Florida law. Proof of insurance in a form acceptable to the DISTRICT shall be provided by each volunteer and maintained on file in the business office of the DEPARTMENT. The DEPARTMENT shall provide copies of proof of insurance to the DISTRICT upon request. - a 5 14. LENGTH OF SERVICE AWARDS PROGRAM The DEPARTMENT shall cause to be issued and kept in full force a Length of Service Awards Program for the volunteer personnel of the DEPARTMENT. Said retirement benefits for the volunteer personnel. gram shall provide Exact coverage and benefits of the Length of Service Awards Program shall be approved by the Monroe County Fire Chief s Association. Said coverage and benefits may be changed or adjusted during the term of this AGREEMENT without cause to void, cancel, or violate this AGREEMENT. Volunteer personnel who meet eligibility requirements adopted and approved by the Monroe County Fire Chief's Association shall benefit from said program. The cost of the above mentioned Length of Service Awards Program shall be a cost, charge, or expenditure for which the DISTRICT, upon receipt of proper invoices and applicable documentation, shall pay in a sum not to exceed the budgeted allocation for such costs, charges, or expenditures. This Length of Service Awards Program shall be contingent upon budgeted funding. 15. VOLUNTEER PERSONNEL REIMBURSEMENT e The DISTRICT shall reimburse the DEPARTMENT for volunteer personnel in accordance with Section 2.261 of the Monroe County Code and in the following amounts: A. For each eligible Volunteer, one hundred dollars ($100.00) per month. B. For each Assistant and/or Deputy Fire Chief, one hundred seventy five dollars ($175.00) per month. C. For Fire Chief, two hundred fifty dollars ($250.00) per month. Each DEPARTMENT shall have the right to establish its own eligibility requirements for disbursement of reimbursement based on participation of DEPARTMENT activities. DISTRICT funding for the reimbursement of volunteers shall not exceed the budgeted allocation for such reimbursement. Said amounts may be changed or adjusted by approval of the DISTRICT and the DEPARTMENT, during the term of this AGREEMENT without cause to void, cancel, or violate this AGREEMENT. 16. DEPARTMENT VEHICLE ALLOWANCE The DISTRICT shall fund to the DEPARTMENT four hundred fifty ($450.00) per month for Chiefs/Command/Support vehicle allowance. 17. MAINTENANCE AND RECORDS CUSTODIAN The DEPARTMENT is responsible for, and may employ on a part-time or full-time basis an individual whose duties may include but are not limitea-.to the following: C1 A. Maintenance and minor repair of all vehicles and equipment -used by the DEPARTMENT. B. Keeping an accurate and current inventory of all vehicles and equipment used by the C. DEPARTMENT. Maintaining detailed, accurate, and current records of all maintenance and repairs performed D. on all vehicles and equipment used by the DEPARTMENT. Ensuring that all required testing and certification of fire rescue, emergency, and medical equipment is performed in a timely fashion and that detailed, accurate, and current records of such testing and certification are E. maintained by the DEPARTMENT. Maintaining accurate and current records of training, testing, and certification of all F. volunteer personnel and part-time and full-time employees. Preparing and filing with the Fire Marshal's Office in a timely fashion, and incident report for each response by the DEPARTMENT to all fire rescue, mutual aid or other miscellaneous calls. G. Preparing and filing with the Fire Marshal's Office a first report of injury within e H. 48 hours of any reportable injury involving volunteer personnel. Preparing and maintaining complete and accurate records of the DEPARTMENT'S activities including, but not limited to, telephone logs, fuel logs, requisitions. and supply The maintenance and records custodian shall be compensated by the DEPARTMENT as a reimbursable expense by the DISTRICT in an amount commensurate with the compensation of employees in similar Positions within Monroe County provided, however, that such amount shall not exceed the budgeted allocation for such position. 18. FIRE DEPARTMENT PHYSICIAN The DISTRICT shall contract with Florida licensed physician(s) to serve as the Fire Department Physician to provide a non -mandatory annual physical examination and other medical expertise as required by Section 8-1 and 8-4 of the Standard on Monroe County Fire Rescue Occupational Safety and Health Program. 19. ACCOUNTABILITY The DEPARTMENT shall be accountable to the DISTRICT as required by this AGREEMENT. The Monroe County Fire Marshal's Office shall have the authority to coordinate and control all Fire and Rescue Services during a State of Local Emergency and/or in conjunction with Emergency Management of Monroe County. The Monroe County Fire Marshal's Office shall also have the authority to coordinate and control Fire Rescue Services during other major incidents if requested by the DEPARTMENT having jurisdiction or under any authority granted to the Monroe County Fire Marshal's Office by any applicable Zaws and/or ordinances or under any protocols, rules, re ulations g standards, plans, 7 Policies, and/or procedures approved by the Monroe County Fire Chief's Association. The DEPARTMENT shall have the duties and responsibilities -in its respective service area which are applicable to Fire and Rescue Services and are specified in any applicable laws and/or ordinances or under any protocols, rules, regulations, standards, plans, policies, and/or procedures approved by Monroe County and/or the DISTRICT, dependent upon resources availability. The Monroe County Fire Marshal's Office shall provide administrative and technical assistance, as requested, to the DEPARTMENT in matters relating to the operation of the Fire Rescue Services. Representatives of both the DISTRICT and the DEPARTMENT shall meet on a regular basis for discussions regarding the operation of the Fire Rescue Services contemplated within this AGREEMENT and other related matters; meeting dates to be jointly agreed upon. All Administrative correspondence shall be sent to: To the DISTRICT: To the DEPARTMENT: Monroe County Fire Marshal's Office 490 63rd St., Suite 160 Marathon, FL 33050 20. COMMUNICATIONS SYSTEM Monroe County shall provide for an exclusive central communications system for the dispatching of all emergency and non -emergency calls within the service area. Said system shall consist of the vehicles used by the DEPARTMENT, the fire stations, the central dispatch centers of the County, and the two-way radios installed in the respective vehicles and locations. The DEPARTMENT shall have the right to establish a complement of response equipment and vehicles to meet the needs of a particular call. The central dispatchers of the county shall have the right to dispatch the DEPARTMENT and to receive immediate confirmation of the status and location of all in-service units. It is hereby recognized and acknowledged that the right of the central dispatchers to dispatch and confirm status is paramount in order to effectively coordinate the provision of both emergency and non -emergency Fire and Rescue Service within Monroe County. In circumstances in which the DEPARTMENT is unable to respond to an emergency call, regardless of reason, the central dispatchers of the County shall follow established procedures for such conditions. The Monroe County Fire Marshal's Office shall provide copies of current dispatching procedures for fire, rescue, and ambulance services to the DEPARTMENT and shall schedule and conduct meetings when necessary to revise said procedures to improve effectiveness of the response system. 21. PROCUREMENT the efficiency and The DEPARTMENT shall procure goods and services, for which the DISTRICT shall be financially responsible, in accordance with current Procurement Policies for Monroe County, Section Iv, Level "A" requesting authority. The DEPARTMENT may directly transmit a "Request to Purchase" to the Purchasing Department for such supplies, equipment, and/or services required to provide Fire and Rescue Services and for which the DISTRICT has allocated funds in the current budget. The Chief of the DEPARTMENT or his/her designee, in writing, shall have signature authority applicable to such Level "A" procurements. A "Request to Purchase" form shall be completed and forwarded to the Fire Marshal's Office for purchases exceeding Level "A" dollar limits. The Fire Marshal's Office shall review and then forward such requests through the Public Safety Division to the Purchasing Department for further processing. The Purchasing Department shall in conjunction with the Fire Marshal's Office, purchase or approve the purchase by the Fire Marshal's Office of the equipment, supplies, or other support material required by the DEPARTMENT to provide Fire Rescue Services and for which the DISTRICT has allocated funds in the current budget. The procurement of goods and services occurring after normal business hours or during weekends by the DEPARTMENT shall be limited to only those emergency situations in which case such procurement was necessary in order to avoid interruption of services or to maintain current service levels during such period. The DEPARTMENT shall notify the Fire Marshal's Office at the beginning of the next business day to obtain a purchase order for such procurement. 22. EXPENSE REQUEST The DEPARTMENT shall provide a Request for Expense Reimbursement Form, by line item accounts and with applicable documentation attached, to the Monroe County Fire Marshal's Office. The DISTRICT shall reimburse the DEPARTMENT for said expenses within 30 days of receipt of said Request for Expense Reimbursement form as provided for in this AGREEMENT. 23. BUDGET/AGREEMENT The DISTRICT budget, as adopted, provides funding for utilities and other internal costs, charges, or expenditures necessary or incidental to the operation of the Fire Rescue Services contemplated within this AGREEMENT, which have not been previously specified herein, i.e. County/DISTRICT provided insurance, Risk Management, Workers Compensation, fuel from County pumps, Information %Systems, etc. The Monroe County Fire Marshal's Office on behalf' -.of, the DISTRICT shall be responsible 4 for providing the necessary accountability and controls for these funds. 24. TRIAL BALANCES The DISTRICT shall provide to the DEPARTMENT each month a trial balance with a detailed distribution list of the DISTRICT'S funds allocated and expenses so as to apprise the DEPARTMENT of budgeted appropriations and the status of expenditures. 25. BUDGET REQUEST Upon request of the DISTRICT, the DEPARTMENT shall submit a proposed budget appropriations request, by line item account, for the forthcoming fiscal year. When deemed necessary, based on statistical analysis of usage, mileage, serviceability, and/or level of service the DISTRICT shall consider a budget appropriations request for refurbish, replacement or additional apparatus provided to the DEPARTMENT by the DISTRICT. The DEPARTMENT shall prepare and submit minimum vehicle and equipment requirements to the DISTRICT for review and concurrence. The DISTRICT shall then prepare specifications and procure the apparatus in accordance with applicable policies and procedures. The DEPARTMENT shall be involved in monitoring all phases of refurbishingDEPARTMENT. or purchasing of apparatus to be used by the 26. ANNUAL AUDIT REPORT The DEPARTMENT shall allow the DISTRICT to conduct an annual audit report, certified by a certified public accountant licensed to do business in the state of Florida. The DISTRICT will be responsible to procure the services of the audit. The report shall be presented to the DEPARTMENT within thirty (30) days of receipt by the DISTRICT of its annual audit report. The DEPARTMENT shall comply with this requirement for each audit year concurrent in whole or in part with the term of this AGREEMENT. The cost of such audit shall be a cost, charge, or expenditure of the DISTRICT. 27. INDEMNIFICATION The DEPARTMENT to the fullest extent permitted by law, shall indemnify and forever hold harmless the DISTRICT and Monroe County, their officers, agents, and employees, from all claims of any sort whatsoever that may arise from negligence, acts, or omissions of the paid -part time and/or full-time employees of the DEPARTMENT, not related to the provision of Fire Rescue Services. 10 28. NOTICES Any notice required or permitted to be given hereunder shall be deemed properly given at the time it is personally delivered or mailed, properly addressed and postmarked to the respective address specified below or to such other addresses as may be specified in writing: To the DISTRICT: Office of the County Administrator Public Service Building, 5100 College Rd. To the DEPARTMENT: Key West, FL 33040 All vehicles and equipment owned and/or leased by the DISTRICT or Monroe County and used by the DEPARTMENT to provide Fire Rescue Services shall be returned to the DISTRICT when requested upon expiration or termination of this AGREEMENT. During the interim period between expiration of this AGREEMENT and the execution of a new AGREEMENT, the DEPARTMENT shall be authorized to use the vehicles and equipment for continued provision of Fire Rescue Service. 29. INVALIDITY If any section, subsection, sentence, clause, or provision of this AGREEMENT is held invalid, the remainder of this AGREEMENT shall not be affected by such invalidity. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. (SEAL) Att Dan y L Kolhage, Clerk (CORPORATE SEAL) Attest: Secretary BOARD OF COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA Mayor FIRE DEPARTMENT, INC. VOLUNTEER Pre nt Approved as to form and legal suffV ie yr County t ey's Office 11