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Resolution 289-2021 • RESOLUTION NO. 289 -2021 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS TRANSFERRING ANY OWNERSHIP INTEREST MONROE COUNTY HAS IN THE METAL CRAFT 10 METER INTERCEPTOR FIREBOAT, HULL IDENTIFICATION NUMBER(HIN) QME00952B121E. 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 fireboat; and WHEREAS,the Fire Department has requested the assistance of Monroe County in paying for the purchase of the fireboat; 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 fireboat; and WHEREAS,Monroe County finds that the purchase of the fireboat 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,that: 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 2021 Metal Craft 10 meter Interceptor fireboat, HIN# QME00952B 121 purchased by the Ocean Reef Volunteer Fire Department. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 15th day of September 2021. Mayor Michelle Coldiron Yes Mayor Pro Tem David Rice Yes Commissioner Craig Cates Yes Commissioner Eddie Martinez Yes Commissioner District V, Vacant BOARD OF COUNTY COMMISSIONERS OF MONROE CO , _ ejil,1,1?. BY. A -M"�v -3,,, Mayor /7 \ ,r,,, , V 1p f2. �,4..:j / ',I0•� �r \° A PA JE T: KEVIN MADOK, CLERK 4 T A --. 'BY: As Deputy Clerk AllOV7 OE COUNTY ATTORNEY , r FORM mr FED'O.J. ., : -o = — ta- ASSI- • 'I LINTY ATTORNEY o - LI Date 9/22/21 • of._ c o✓ -v •n_ c u a_ ..t va � 1-2-1 _I— =: INTERLOCAL AGREEMENT MONROE COUNTY AND OCEAN REEF VOLUNTEER FIRE DEPARTMETNT THIS INTERLOCAL AGREEMENT is entered into this 15th day of September, 2021 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 fireboat 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: 1 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 a fire boat and the CO Y 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 Metal Craft 10 meter Interceptor fireboat, HIN# QME0095 2B 121, 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 vessel 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 fireboat 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 fireboat, 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 11/30/2022. 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: FY 2021 FY 2022 (I Q/1/2020-9/30/2021) (10/1/2021-9/30/2022) Fire Boat $200,000.00 $200,000 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: 2 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 Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, FIRE DEPARTMENT shall defend, indemnify and hold the COUNTY and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate=proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of FIRE DEPARTMENT or any of its employees, agents, contractors or other invitees during the term of the Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or omissions, or other wrongful act or omission of FIRE DEPARTMENT or any of its employees, agents, sub-contractors or other invitees, or (C) FIRE DEPARTMENT's default in respect of any of the obligations that it undertakes under the terms the Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than FIRE DEPARTMENT). The monetary limitation of liability under this contract shall be equal to the dollar value of the contract and not less than $1 million per occurrence pursuant to Section 725.06, Florida Statutes. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of the Agreement, this provision will survive the expiration of the to of the Agreement or any earlier termination of the Agreement. 4.2 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. 3 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-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 VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color, religion, sex, 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 4 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 amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title Vill of the Civil Rights Act of 1968 (42 USC s. 3601 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. 12101), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 14, Art. 11, which prohibits discrimination on the basis of race, color, sex, religion, 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. 5 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 Genaro Iglesias, 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. 17. EFFECTIVE DATE: This Agreement will take effect on the date set forth above. 7.,tca763. t ' (3 4' `f� l\/� p C ` A�l wi SS WHEREOF, the parties hereto have set their hands and seals the day and year a@ q="Aiirlt�abav'e. ;;tten. -.lam (SEAL '. BOARD OF COUNTY COMMISSIONERS raC r�r .ANTE S T': KEVIN MADOK,CLERK OF MONROE COUNTY F_ •RIDA 11 i � ByG� . By MihC As Deputy Clerk Mayor OCEAN REEF VOLUNTEER FIRE DEPART -NT, INC. ' E.COti A U MAY By -4 . R vE AS Genaro Iglesias, 'j esident p ANTUNiY ATid Date z t n I f-'` 'v+ . hi 6.