5. 05/18/2022 Fireboat Equipment GV�S COURTq c
Kevin Madok, CPA
Clerk of the Circuit Court& Comptroller— Monroe Count Florida
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E cOVN
DATE: June 1, 2022
TO: Roman Gastesi
County Administrator
ATTN: Lindsey Ballard,
Aide to County Adniiiiistrator
FROM: Liz Yongue, Deputy Clerk
SUBJECT: May 18th BOCC Meeting
Attached is a copy the following item,which has been executed and added to the record:
Q5 Interlocal Agreement between Monroe Comity and Ocean Reef Volunteer Fire
Department for the Comity to proNride the Fire Department with fii idi ig to purchase one Metal
Craft 10 Meter Fireboat and all equipment necessary for its ilitended use.
Should you have any questions please feel free to contact me at (305) 292-3550.
cc: County Attorney_
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
INTERLOCAL AGREEMENT
MONROE COUNTY AND OCEAN REEF VOLUNTEER FIRE DEPARTMETNT
18th May ,
THIS INTERLOCAL AGREEMENT is entered into this -n?q�—jay of
2022 pursuant to See. 163.0 1, 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 1.25.9506, 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 accomplishnient 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, on September 15, 2021 the COUNTY entered into an Interlocal Agreement.
(ILA)with the FIRE DEPARTMENT in order to provide the FIRE DEPARTMENT with funding
to purchase one Metal Craft 10 meter Interceptor fireboat, HIN# QME00952B121; and
WHEREAS, it was the COUNTY's intent to also provide the funding necessary to
properly outfit the fireboat with all of the equipment necessary for its intended use and that
equipment has a life expectancy of at least 5 years; and
WHEREAS,by approving this Agreement, the COUNTY approves of the expenditure of
public funds for the purchase of all of the equipment necessary to properly outfit the fireboat for
its intended use 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. PURPOSE OF THE INTERILOCAL AGREEMENT:
The purpose of this agreement is to set forth the terms and conditions under which the FIRE
DEPARTMENT will purchase the equipment necessary to properly outfit fireboat HIN#
QME00952B 1.21 and under which the COUNTY will reimburse the FIRE DEPARTMENT using
infrastructure sales surtax monies.
2. PURCHASE OF ITEMS BY THE DISTRICT:
2.1, The FIRE DEPARTMENT will purchase and retain ownership of the items/equipment
listed in Exhibit A for equipping fireboat, HIN# QME00952B 121, under this Agreement and in
accordance with the accompanying resolution to transfer any ownership interest COUNTY may
have.
2.2 The FIRE DEPARTMENT will retain ownership of the approved equipment and will
maintain the fireboat and its equipment 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 items/equipment, 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 equipment, 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, 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
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Mon-roe 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 2022
(10/1/2021-9/30/2022,�_.. ..............
Fire Boat_.Equir $22,205.01 ................
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:
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(1) 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 term of
the Agreement or any earlier termination of the Agreement.
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4.2 Notwithstanding the provisions of See. 768.28, Florida Statutes, the participation of the
COUNTY and FIRE DEPARTMENT in this Agreement and the acquisition of any commercial
liability insurance coverage, self-insurance coverage, or local government liability insurance pool
coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall
any contract entered into by the COUNTY or FIRE DEPARTMENT be required to contain any
provision for waiver.
5. GOVERNING LAW,VENUE,INTERPRETATION, COSTS,AND FEES:
5.1 This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to contracts made and to be performed entirely in the State.
5.2. In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the COUNTY and FIRE DEPARTMENT agree
that venue will lie in the appropriate court or before the appropriate administrative body in Monroe
County, Florida.
5.3. The COUNTY and FIRE DEPARTMENT agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the enforcement or
interpretation of this Agreement,the prevailing party shall be entitled to reasonable attorney's fees,
court costs, investigative, and out-of-pocket expenses, as an award against the non-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.
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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.
1.0. 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
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 VIII 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
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of ordinance No. 010-1,990 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 par-ties 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.
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
1,1.00 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.
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EXHIBIT"A"
Ocean Reef Volunteer Fire Department
Fire Boat- Reimbursement Request
Vendor Amount Description
Motorola Solutions 4,731.79 Telecommunications/Radios/Speaker
Night Vision 4 Less 10,598.00 Hand Held Night Vision -Single Eye -2 Units
The Fire Stare 1,115.89 Water Pump V.Ive
West Marne Pro 907.63 Life Jackets,Strobe/Spotlight, Rope, Boat Hooks
Ammon 133.95 Fire hose valve, Res— ring floatation device
West Marine Pro 314.98 Life Jackets
West Marine Pro 629.96 Life Jackets
West Marine Pro 629.96 Life Jackets
West Marine Pro 370.20 Life Jackets
West Marine Pro 96.83 Life Jacket Strobe Lights
West Marine Pro 155.91 Rubber Baat Fenders
West Marine Pro 82.93 Rubber Baat Fenders
West Marine Pro 17.88 Deal Letter Kit-Vessel Registration
Land Fall Navigation 34.90 Map of Upper Keys
Pilots HQ LLC 50.13 Nautical Chart
Amman 17.95 Nautical Chart
Ammon 646.51 Dive knives, I—chest
Ammon 1,463.65 I—chests, dive fins, dive masks
West Marine Pro 39.99 Flashlight
Amman 99.98 Waterproof Duffel Bag, Flashlight
Ammon 65.99 Waterproof Duffel Bag
Tot., Eq-ilp—t Cost $ 22,205.01
MetalCraft Marine 36,165.70 Metal Craft 10 Meter Interceptor Fireboat
MetalCraft Marine 108,497.10 Metal Craft 10 Meter Interceptor Fireboat
MetalCraft Marine 108,497.10 Metal Craft 10 Meter Interceptor Fireboat
MetalCraft Marine 108,497.10 Metal Craft 10 Meter Interceptor Fireboat
Tot.,Vesse,Cost $ 361,657.00
Total Vessel Cost 361,657.00
Tatar Equipment Cost 22,205.01
Tot.,Vesse, & Equip .int Cast $ 383,862.01
Tatar Fire Baat Cost 383,862.01
Less: FY21 Reimbursement (200,000.00) Payment Date 09/30/2021
Less: FY22 Reimbursement (161,657.00) Payment Date 01/14/2022
Remaining Cost to he Reimbursed $ 22,205.01