Item P16 P.16
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CountCounty ��Monroe. ,y, ? "tr, BOARD OF COUNTY COMMISSIONERS
y M T� \�1a� Mayor Michelle Coldiron,District 2
�1 1 nff `_ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
September 15, 2021
Agenda Item Number: P.16
Agenda Item Summary #9710
BULK ITEM: Yes DEPARTMENT: County Administrator
TIME APPROXIMATE: STAFF CONTACT: Lindsey Ballard(305) 292-4443
NA
AGENDA ITEM WORDING: Approval of a renewed five (5) year Interlocal Agreement with
Key Largo Fire and EMS District, starting on 10/1/2021 and running through 9/30/2026, whereby
the County will reimburse $150,000 per year ($750,000 total) from infrastructure surtax funds for
the purchase and installation of fire hydrants and also for design, planning and construction of
improvements at Fire Station 24.
ITEM BACKGROUND: Since 2014, Monroe County has had interlocal agreements with the Key
Largo Fire and EMS District("District") for the use of one-cent infrastructure surtax funds for the
purchase of items for the District. The current agreement expires on 9/30/2021, and provides up to
$150,000 per fiscal year on a reimbursement basis for any legally acceptable infrastructure projects
(as defined in F.S. 212.055(2)(d)). The District has requested renewal of the agreement.
The proposed agreement would renew the agreement for an additional 5 years, through 9/30/2026, at
the same dollar amount(reimbursement, up to $150,000 per year). The agreement would continue to
allow the use of infrastructure surtax funds for fire hydrants, and also for planned improvements at
Fire Station 24, located at One East Drive, Key Largo. Both are acceptable uses of infrastructure
surtax funds under F.S. 212.055(2)(d).
PREVIOUS RELEVANT BOCC ACTION: On 8/20/2014, the BOCC entered into a three-year
Interlocal Agreement with the District, under which the County agreed to reimburse the District for
the purchase of fire/EMS vehicles and purchase and installation of fire hydrants. The ILA covered
FY 2014, 2015 and 2016. On 3/20/2015, the parties amended that ILA to allow the District to roll
any unused amounts forward from year to year.
In December 2016, the BOCC approved another 5-year agreement with the District for the use of
infrastructure surtax funds for the purchase of items for the District. The 2016 agreement was
amended in December 2017 to broaden the list of acceptable uses to include not only hydrants but
also fire rescue and EMS vehicles and the financing,planning and construction of other
infrastructure.
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P.16
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
KLFEMS 2021 ILA
KLFEMS - Resolution 21-005 re Sales Tax ILA
FINANCIAL IMPACT:
Effective Date: 10/1/2021
Expiration Date: 9/30/2026
Total Dollar Value of Contract: $150K x 5 years = $750K
Total Cost to County: $750K
Current Year Portion: $150K
Budgeted: Yes
Source of Funds: Infrastructure surtax funds
CPI: No
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts: $0
Revenue Producing: No If yes, amount:
Grant: No
County Match:
Insurance Required: Yes. Please see paragraph 5 of the 2016 Interlocal Agreement for further
details.
Additional Details:
REVIEWED BY:
Roman Gastesi Completed 09/02/2021 8:10 AM
Cynthia Hall Completed 09/01/2021 6:21 PM
Lindsey Ballard Completed 09/02/2021 8:10 AM
Kevin Madok Skipped 09/01/2021 4:05 PM
Purchasing Skipped 09/01/2021 6:21 PM
Budget and Finance Completed 09/02/2021 8:18 AM
Maria Slavik Completed 09/02/2021 8:59 AM
Liz Yongue Completed 09/02/2021 9:32 AM
Board of County Commissioners Pending 09/15/2021 9:00 AM
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P.16.a
RENEWAL OF INTERLOCAL AGREEMENT BY AND BETWEEN
MONROE COUNTY, FLORIDA AND THE KEY LARGO FIRE & EMS DISTRICT
WHEREAS, the Legislature of the State of Florida enacted Chapter 2005-329
establishing the Key Largo Fire & Emergency Medical Services independent special district(the
"DISTRICT"), a public corporation charged with providing fire rescue and emergency medical
services within the geographical boundaries of Key Largo; and 2
WHEREAS, Section 212.055(2), Florida Statutes, authorizes Monroe County (the
"COUNTY")to levy a one cent discretionary sales surtax in order to finance, plan, and construct 2-
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
v)
WHEREAS, Section 163.01, Florida Statutes,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 "-
0
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 or about December 14, 2016, the COUNTY and the DISTRICT entered
into an interlocal agreement setting forth the terms and conditions under which the DISTRICT
would purchase and install fire hydrants and be reimbursed by the COUNTY using a maximum
of$150,000.00 per year from the infrastructure sales surtax monies during the five (5)year
period covered by the agreement; and
WHEREAS, since 2016, the DISTRICT has installed approximately seventy (70) fire
hydrants utilizing the funding made available through the December 2016 interlocal agreement, t
thereby increasing the levels of service the DISTRICT can offer to Key Largo residents and
resulting in reductions in insurance costs to those residents; and
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WHEREAS, the December 2016 agreement is currently set to expire on or about N
September 30, 2021; and
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WHEREAS, without a continuation of the December 2016 agreement, the DISTRICT
will not have sufficient funding to continue installation, maintenance and upgrade of critical fire
rescue and EMS-related infrastructure, including but not limited to installation of additional fire E
hydrants;
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P.16.a
NOW, THEREFORE IN CONSIDERATION of the mutual considerations and
premises set forth below, the parties hereto agree as follows:
1. PURPOSE OF AGREEMENT
The purpose of this Agreement is to renew the December 2016 interlocal agreement,
setting forth the terms and conditions under which the DISTRICT will continue to
improve and expand fire rescue and EMS-related infrastructure within the
geographical limits of Key Largo. The DISTRICT shall be reimbursed up to one 2
hundred and fifty thousand dollars ($150,000.00)per fiscal year for completion of
infrastructure projects (as defined by Fla. Stat. 212.055(2)(d)), including but not 2
limited to purchase and installation of fire hydrants. 0
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2. TERM AND EFFECTIVE DATE
The term of the renewed Agreement shall be from October 1, 2021 and end of
September 30, 2026, unless earlier terminated by either of the parties in accordance
with paragraph 18 of the Agreement. ii
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3. RENEWED AGREEMENT
All terms and conditions of the Interlocal Agreement between the DISTRICT and
COUNTY dated December 14, 2016 (attached hereto as Exhibit A), are hereby
renewed for the duration of the term described in Section 2 above, except that the �t
following paragraphs (only) are revised and replaced in full with the following
paragraphs:
3.1 —Purchase of Items by the District
The District shall purchase fire hydrants and install said hydrants within the
geographical area covered by the District. All installation of hydrants pursuant to this
Agreement shall be in compliance with the rules issued by the Florida Keys Aqueduct
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Authority. Further, the COUNTY recognizes that the DISTRICT intends to engage in
the improvement of public facilities owned and operated by the DISTRICT, such as W
`Fire Station 24' located at One East Drive, Key Largo, Florida. Improvement of
public facilities, including fire stations, is a permissible infrastructure project eligible
for reimbursement by the sales surtax levied by the COUNTY pursuant to Florida W
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Statute § 212.055. Accordingly, the DISTRICT shall be permitted reimbursement of
costs associated with the improvement of Fire Station 24 in the same manner for
which reimbursement is provided for fire hydrants under the December 2016
agreement.
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P.16.a
4.1 Reimbursement
After purchase of the hydrants, including installation, or purchase of design:'build
services related to improvement of Fire Station 24, 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 cast 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 Dls,rRlc,r for said expenditures The
total amount of the reimbursement shall be up to one hundred fifty thousand
( 150,00 00) per year, for each of the five ( )years covered by the renewed
Agreement. `o
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4.4 - Reimbursement
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Any funds not expended in any given fiscal year beginning with FY 2022 will be
rolled forward and may be used in any subsequent fiscal year covered y this
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Agreement, up to the maximum set aside for infrastructure projects authorized under �
this Renewed Agreement over the five( )years covered by this agreement( 750,000 U.
total). However, all reirn ursern nt requests must be submitted no later than
September 30, 2026 Invoices received after September 30, 2026 will riot be M
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considered for reirnburserment
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In WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year J
first written above: o
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(SEAL) 2
CL
BOARD OF COUNTY COMMISSIONERS CL
ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
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As Deputy Clerk Michelle Coldiron, Mayor
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KEY LARGO FIDE RESCUE and
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EMERGENCY CY EDICTAL SERVICESDISTRICT E
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Tony Allen, Board Chair
Witnesses
Approved as to form and legal sufficiency:
Monroe County Attorney's Office
9-1-2021
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P.16.a
INTERLOCAL AGREEMENT
MONROE COUNTY AND KEY LARGO FIRE RESCUE AND EMERGENCY
MEDICAL SERVICES DISTRICT
em THIS INTERLOCAL AGREEMENT ("Agreement") is entered into this �Wday of
&1kr 2016 pursuant to Sec. 163.01, F.S., by 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").
N
WHEREAS, the Legislature of the State of Florida has enacted Chapter 2005-329
establishing the Key Largo Fire Rescue and Emergency Medical Services independent special
district, which is a public corporation charged with the responsibility of providing fire rescue and
emergency medical services within its geographical boundaries; and
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WHEREAS, the Key Largo Fire Rescue and Emergency Medical Services independent
special district encompasses the geographic area of all of Cross Key and that part of Key Largo
from South Bay Harbor Drive and Lobster Lane to the southern boundary of the right-of-way of
County roads 905 and 905A within Monroe County; 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 c
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
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.
NOW, THERFORE IN CONSIDERATION of the mutual consideration and premises W
set forth below, the parties hereto agree as follows:
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1. PURPOSE OF THE INTERLOCAL AGREEMENT: N
The purpose of this agreement is to set forth the terms and conditions under which the
DISTRICT will purchase and install fire hydrants 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.
2. TERM AND EFFECTIVE DATE
The term of this Agreement shall commence on October 1, 2016 and end on September 30, 2021,
unless earlier terminated by either of the parties in accordance with paragraph 18 of this
Agreement. This Agreement is subject to annual appropriation by the Board of County
Commissioners of Monroe County, Florida.
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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.
4. REIMBURSEMENT:
4.1. After purchase of the hydrants, including installation, 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.
4.2 Reimbursement requests will be submitted to the Monroe County Administrator, at the
address provided below in paragraph 16. The COUNTY shall only reimburse those expenses
which are reviewed and approved as complying with Monroe County Code of Ordinances, State LL
laws and regulations. c
4.3 The request for reimbursement must be signed by the Chairman or Vice-Chairman of the
DISTRICT. It must be notarized, and must include the following language:
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.
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 for hydrants over the five (5) years covered by this Agreement ($750,000.00
total for hydrants). 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.
5. INSURANCE AND HOLD HARMLESS:
5.1 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.
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5.2 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.
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5.3 Notwithstanding the provisions of Sec. 786.28, Florida Statutes, the participation of the
COUNTY and DISTRICT 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 DISTRICT be required to contain any provision
for waiver.
6. GOVERNING LAW,VENUE, INTERPRETATION, COSTS, AND FEES:
6.1 This Agreement shall be governed by and construed in accordance with the laws of the W
State of Florida applicable to contracts made and to be performed entirely in the State. 2
6.2 In the event that any cause of action or administrative proceeding is instituted for the c
enforcement or interpretation of this Agreement, the COUNTY and DISTRICT agree that venue
will lie in the appropriate court or before the appropriate administrative body in Monroe County,
Florida.
6.3. The COUNTY and DISTRICT 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-prevailing party, and shall >
include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate
proceedings.
7. SEVERABILITY:
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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 E
this Agreement would prevent the accomplishment of the original intent of this Agreement. The
COUNTY and DISTRICT 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.
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P.16.a
8. BINDING EFFECT:
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the
benefit of the COUNTY and DISTRICT and their respective legal representatives, successors,
and assigns.
9. AUTHORITY:
Each party represents and warrants to the other that the execution, delivery and performance of N
this Agreement have been duly authorized by all necessary COUNTY and DISTRICT action, as
required by law.
10. CLAIMS FOR FEDERAL OR STATE AID:
The DISTRICT 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. Each party shall ,
cooperate with the other to the extent necessary to seek federal and state funds in accordance
with this paragraph.
11. NON-DISCRIMINATION:
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The DISTRICT and COUNTY agree that there will be no discrimination against any person.
The DISTRICT 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 N
Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to N
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, E
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.
12. CODE OF ETHICS:
12.1 The COUNTY agrees that officers and employees of the COUNTY recognize and 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
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P.16.a
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.
12.2 The DISTRICT 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.
13. NO SOLICITATION/PAYMENT:
The COUNTY and DISTRICT 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,
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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.
14. PUBLIC ACCESS:
The COUNTY and DISTRICT 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 c
provisions of Chapter 119, Florida Statutes.
15. 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.
16. NOTICES.
Notices in this Agreement, unless otherwise specified, must be sent by certified mail to the `✓
following:
County: Key Largo Fire Rescue & Emergency Medical Services N
District:
County Administrator , Chairman
1100 Simonton Street P.O. Box 371023
Key West, FL 33040 Key Largo, Fl. 33037-1023
17. 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.
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18. TERMINATION.
This Agreement may be terminated by either party, upon sixty (60) days' prior written notice to
the other party in accordance with paragraph 16. Upon termination, the County shall be
responsible for reimbursement only for items that were purchased prior to the date of notice of
termination.
TNESS WHEREOF, the parties hereto have set their hands and seals the day and year
written.
l�cvi r M�1. K BOARD OF COUNTY COMMISSIONERS
, CLERK OF MONROE COUNTY, FLORIDA
By By a
Deputy Clerk Mayor
KEY LARGO FIRE RESCUE and
EMERGENCY MEDICAL SERVICES
DISTRICT
By
Chairman
Witnesse
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MONROE COUNTY ATTORNEY E
AP OVE AS T F TV
C NTHIA L. HALL
ASSISTANT GOUNITY ATTORNEY
Date_
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P.16.a
FIRST AMENDMENT
TO
INTERLOCAL AGREEMENT
MONROE COUNTY AND KEY LARGO FIRE RESCUE AND EMERGENCY
MEDICAL SERVICES DISTRICT .
01D17
THIS FIRST AMENDMENT ("Amendment") to that certain Interlocal�greement
dated December 14, 2016 ("Agreement) is entered into this 13th day of December 19il'by and
between Monroe County, a political subdivision of the State of Florida, (hereafter "COUNTY"), 2
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 y
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 o
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
0
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
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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
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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;
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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). c
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 requiredCD
by the COUNTY for reimbursement. Upon receipt of the appropriate documents the COUNTY `V
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: E
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 ($750,000.00 total).
However, all reimbursement requests must be submitted no later than September 30, 2021.
Invoices received after September 30, 2021 will not be considered for reimbursement.
Section 5 Each party represents and warrants to the other than the execution, delivery and
performance of this Amendment have been duly authorized by all necessary COUNTY and
DISTRICT action, as required by law.
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P.16.a
Section 6 In all other respects, the remaining provisions of the Agreement dated December 14,
2016 not inconsistent herewith remain in full force and effect.
r „.yfICIN`<WISTNESS WHEREOF, the parties hereto have set their hands and seals the day and year
_first aboveut%Xitten.
(SEAL)':.;. _ BOARD OF COUNTY COMMISSIONERS N
.'ATTEST,K,EVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
By_.4'0 2
Deputy Clerk David Ifice, Mayor
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KEY LARGO FIRE RESCUE and
EMERGENCY MEDICAL SERVICES y_
DISTRI
By
on Allen, Chairman
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Witnesses
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P.16.b
RESOLUTION NO. 2021- .-
RESOLUTION I F THE KEY LARGO FIRE
EMERGENCY I�"�
MEDICAL `�'I 'E IS'$ 2
I&PPROVING RENEWAL OF AN INTERLOCAL ,
AGREEMENTWITH MONROE COUNTY,TY, FLORIDAFOR 0
,.LOCATION OF SALES SURTAX REVENUE FOR THE
INSTALLATION E FIRE HYDRANTS AND OTHER
APPROVED INFRASTRUCTURE, AND PROVIDINGFOR
AN EFFECTIVE DATE �n
WHEREAS, can or about December 14, 2016, the Key Largo Fire & Emergency Medical
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Services District (the `District') entered into an interlocal agreement providing for allocation of tip U.
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to $150,000.00 per year, for a five year period, of sales surtax monies levied by Monroe ounty, J
Florida (the `County') for purposes of financing, planning and construction of public infrastructure;
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WHEREAS, the District has utilized the sales tax revenue allocated to it by the County f
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pursuant to the December lei., 2016 interlocal agreement for purposes of installing approximately CL
seventy(70)fire hydrants in the Key Largo area, and J
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WHEREAS, the December 14, 2016 interlocal agreement is currently set to expire on or i
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about September 30, 2021 and
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WHEREAS, representatives of the County, including but not limited to County
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Commissioner Michael Forster, have expressed support for renewal of the interlocal agreement on o
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substantially the same terms for an additional five-year perio&, 0
NOWTHEREFORE, BE IT RESOLVED BY THE KEY LARGO FIRE RESCUE
AND EMERGENCY MEDICAL SERVICES DISTRICT, FLORIDA,AS f U.
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Section 1. Recitals.
The above recitals are true and correct and are incorporated herein by reference
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P.16.b
Section . Approval of ILA Renewal
The [district Board of Coin missioners hereby approves renewal of the D c rrr er 14, 2016. (41
interlocal agreement, under the tenns and conditions set forth in Exhibit A, attached hereto
and incorporated herein by reference
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Section 3. Effective ate,
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This Resolution shall be effective upon adoption of the Renewed Int rlocal Agreement by cn
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the Monroe County Board Of County Commissioners, Following approval by the County,
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the District Board directs and empowers the Beard Chair to undergo and carry out all
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actions necessary to execute and finalize renewal of the December 14, 2016 interlocal �
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a reement, the terms of which have been set forth herein
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Packet Pg.3018
P.16.b
PASSED AND ADOPTED tins day of AUgUst, 2021 at P M.
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Tony Allen, Chairman 0
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A(TEST,
`Dicky Fay, Cn ' tr`ict Clerl, . . p� Lu
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APPROVED A TO FORM AND LEGALITY
FOR. THE USE AND BENEF IT OF KEY LARGO FIRE I E U AN J
E ERGEN MEDICAL`AL SERVICES DISTRICT ONLY
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D . r/,r TORNEY
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Motion to adopt by i Seconded by CL
FINAL VOTE AT ADOPTION J
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Chairman n Tony Alen Absent
Commissioner Frank C on lire �
Commissioner George Mirabella
Commissioner Kenny Edge ...........................
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Commissioner Danny Powers
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P.16.b
RENEWAL OFINTERLOCA1,AGREEMENTIBY AND BETWEEN
MONROE COUNTY, F1,0RIDA ANDTHE KEY LARGODISTRICT y
WHEREAS, the Legislature of the State of Florida enacted Chapter 2005-329 0
establishing the Key Largo Fire& Emergency Medical Services independent special district (the w=
"DISTRICT"). as public corporaauon charged wilh providing fire rescue and emergency medical
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services within the geographical boundaries of Key Largo, rid
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WHEREAS, Section 21 .05 (2), Florida Statutes, authorizes Monroe County (the
"COUNTY")TY") to levy a one cent discretionary sales surtax in carder to finance, plan, and construct
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infrastructure defined in (lie statute to include, arriong ether things, any fixed capital expenditure �
or fixed capital outlay associated with the construction of public facilities that have a life U.
expectancy of five or more years; and
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WHEREAS, Section 16301, Florida Statutes, 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 poorer; privilege, or authority which such agencies share in common and
which each Haight exercise separately, and that the joint exercise of power shall be evidenced in �
the form of an interlocal agreement, and
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WHEREAS, on or about December 14, 2016, the COUNTY an the DIST RI T entered o
into an interlocal agreement nt setting forth the terms and conditions sander which the DISTRICT CL
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would purchase and install fire hydrants and be reimbursed by the COUNTY using a maximum
of$150,0 0.00 per year from the infrastructure sales surtax monies during the five(5)year
period covered by the agreement-, and X
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WHEREAS, since 2016, the DISTRICT has installed approximately seventy (7 )fire
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hydrants utilizing the funding made available through the December 2016 interlocal agreement,
thereby increasing the levels of service the DISTRICT can offer to Ivey Largo residents and 0
resulting in reductions in insurance costs to those residents, and LO
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WHEREAS, the December 2016 agreement is currently set to expire on or about
September 30, 202 1, and o
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WHEREAS, without a continuation of the December 2016 agreement, the DISTRICT 0
will not have sufficient funding to continue installation, maintenance and upgrade of critical fire �
rescue and EMS-related infrastructure, including but not limited to installation of additional fire
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Packet Pg.3021
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NOW, THEREFORE IN CONSIDERATION of the mutual considerations and
premises set forth below, the parties hereto agree as follows.
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1. PURPOSE OF AGREEMENT
The purpose of this Agreement is to renew the December 2016 interlocal agreement, �
setting forth the terms and conditions under which the DISTRICT will continue to
improve and expand fire rescue and EMS-related infrastructure within the
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geographical limits of Key Largo. The DISTRICT shall be reimbursed up to one
hundred and fifty thousand dollars ( 150,000.00) per fiscal year for completion of y
infrastructure projects (as defined by Fla. Star. 212.055(2)(d)), including but not cn
limited to purchase and installation of fire hydrants Lu
. TERM ANDEFF TI o
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The terms of the renewed Agreement shall be from October 1, 2021 and end of
September 30, 2026, unless earlier terminated by either of the parties in accordance �
with paragraph 18 of the Agreement.
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3.
RENEWED NT
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All terms and conditions of the int rlocal Agreement ement between the DISTRICT and g
COUNTY dated December 14, 2016 (attached hereto as Exhibit ), are hereby
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renewed for the duration of the term described in Section 2 above, except that the _
following paragraphs(only)are revised and replaced in full with the following
paragraphs:
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3,1 Purchase of Items by the District
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The District shall purchase fire hydrants and install said hydrants within the
geographical area covered by the District. All installation of hydrants pursuant to this LO
Agreement shall be in compliance with the rules issued by the Florida Keys tlLreduct
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Authority. Further, the COUNTY recognizes that the DISTRICT intends to engage in
the improvement of public facilities owned and operated by the DISTR.IC;T, such as
`Dire Station ' located at One Fast Drive, Key Largo, Florida. Improvement of o
public facilities, including fire stations, is a permissible infrastructure project eligible �
for r irnbursement by the sales surtax levied by the COUNTY pursuant to Florida
Statute § 212,055. Accordingly, the DISTRICT shall be permitted reimbursement of
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costs associated with the improvement of Fire Station 24 in the sarrse manner for U.
which r irnbursernent is provided for fire hydrants under the December 201
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agreement.
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4.1 Reimbursement
After purchase of the hydrants, including installation, or purchase of design:'build y
services related to improvement of Fire Station 24, 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 cast of the equipment and installation, and all other information
required by the COUNTY for reimbursement Upon receipt of the appropriate
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documents, the COUNTY shall reimburse the Dls,rRlc,r for said expenditures The
total amount of the reimbursement shall be up to one hundred fifty thousand y
( 150,00 00) per year, for each of the five ( )years covered by the renewed
Agreement. UJ
4.4 - Reimbursement U.
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Any funds not expended in any given fiscal year beginning with FY 2022 will be M
rolled forward and may be used in any subsequent fiscal year covered y this
Agreement, up to the maximum set aside for infrastructure projects authorized under
this Renewed Agreement over the five( )years covered by this agreement( 750,000
total). However, all reirn ursernent requests must be submitted no later than
September 30, 2026 Invoices received after September 30, 2026 will riot be
considered for reirnburserment 0
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In WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year
first written above: J
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(SEAL)
BOARD OF COUNTY COMMISSIONERS �
ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
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As Deputy Clerk Michelle Coldiron, Mayor
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KEY LARGO FIDE RESCUE and
EMERGENCY CY EDICTAL SERVICES ,
DISTRICT
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Tony Allen, Board Chair
Witnesses
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