Item R11 R.11
Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS
�� Mayor David Rice,District 4
The Florida Keys � Mayor Pro Tem Craig Cates,District I
y Michelle Coldiron,District 2
James K.Scholl,District 3
Ij Holly Merrill Raschein,District 5
County Commission Meeting
July 20, 2022
Agenda Item Number: R.11
Agenda Item Summary #10817
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Joseph DiNovo (305) 295-3127
No
AGENDA ITEM WORDING: Direction to and authorization for Assistant County Administrator
Kevin Wilson to negotiate agreement(s) with Fortress Secured, LLC relative to its unsolicited
proposal to design, build, and finance a replacement fire station on Sugarloaf Key at the current
location of the Sugarloaf Volunteer Fire Department Station 410.
ITEM BACKGROUND: On 4/1/22, the County received an unsolicited proposal from Fortress
Secured, LLC ("Fortress"), which submitted the proposal pursuant to F.S. 255.065, the Public-
Private Partnership statute ("P3"). Fortress proposes to design, build, and finance the construction of
a replacement for Station 410, which is currently owned by the Sugarloaf Volunteer Fire
Department, Inc. ("Sugarloaf VFD" or "the Volunteers"). Given the size limitations of the location,
Fortress proposes to build a 2-story, 3 bay fire station using one of its template plans as a starting
point.
The proposal is premised on the County acquiring ownership of the property from the Volunteers
and, thereafter, Fortress demolishing the existing structure and building a new building at its
expense. The ownership of the new building would be subject to discussion during negotiation of
the comprehensive agreement that would follow. The proposal contemplates providing space for a
stealth cell tower on the property that would be supported by equipment located in a portion of the
new building designed to be segregated from the fire station. Fortress would recoup its investment
through lease payments from the County and/or the cell tower company, to be negotiated. The
proposal was submitted in conjunction with Sugarloaf WiFi, Inc., which is currently in litigation
with the Volunteers stemming from a lease agreement that the Court declared void in an unrelated
action brought by the County.
On 4/20/22, the Board authorized staff to solicit competing proposals under the process set forth in
F.S. 255.065 for a period of 45 days. On 5/10/22, Monroe County placed a notice in the Florida
Administrative Register, on 5/12/22, Monroe County placed a notice in Keys Weekly and, on
5/13/22, Monroe County placed notices in the Key West Citizen and the News Barometer apprising
the public of the receipt of the unsolicited proposal and its intent to accept competing proposals
through 6/28/22. Second notices apprising the public of the receipt of the unsolicited proposal and its
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R.11
intent to accept competing proposals through 6/28/22 was placed by Monroe County in Keys
Weekly on 5/19/22 and the Key West Citizen and News Barometer on 5/20/22. No competing
proposals were received by the 6/28/22 deadline.
Staff recommends that negotiations be commenced with Fortress Secured, LLC regarding
agreements relative to its proposal. To facilitate the negotiation process, staff recommends that
Assistant County Administrator Kevin Wilson be designated as the County's negotiator. Any
agreement negotiated would be brought back to the Board for final approval. The negotiations may
result in both an interim and comprehensive agreement.
PREVIOUS RELEVANT BOCC ACTION: 4/20/2022, item P.10: BOCC gave direction to
advertise unsolicited public private partnership (P3)proposal.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Authorize staff to create a negotiation team for the purpose of
negotiating agreements with Fortress Secured, LLC relative to its proposal submitted pursuant to F.S.
255.065 and approve Assistant County Administrator Kevin Wilson as the lead representative of
Monroe County on the negotiating team.
DOCUMENTATION:
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date:
Total Dollar Value of Contract: N/A
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: N/A
Additional Details:
None
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R.11
REVIEWED BY:
Bob Shillinger Completed 07/06/2022 4:35 PM
Joseph DiNovo Skipped 07/06/2022 4:41 PM
Purchasing Skipped 07/06/2022 4:42 PM
Budget and Finance Skipped 07/06/2022 4:42 PM
Brian Bradley Skipped 07/06/2022 4:33 PM
Lindsey Ballard Completed 07/07/2022 11:28 AM
Board of County Commissioners Pending 07/20/2022 9:00 AM
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