Item T01 T.1
County of Monroe P W
;� w 1rJ� BOARD OF COUNTY COMMISSIONERS
r,�� Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tem Holly Merrill Raschein,District 5
y Michelle Lincoln,District 2
James K.Scholl,District 3
Ij David Rice,District 4
County Commission Meeting
January 18, 2023
Agenda Item Number: T.1
Agenda Item Summary #11646
BULK ITEM: Yes DEPARTMENT: Budget and Finance
TIME APPROXIMATE: STAFF CONTACT: John Quinn 3052924464
N/A
AGENDA ITEM WORDING: Approval of an Interlocal Agreement between Monroe County and
Ocean Reef Volunteer Fire Department for the purchase of one Oshkosh Stinger, Rapid Intervention
Suppression Vehicle (fire truck) and the following equipment: Digital Recording System for 911
Communication Center, AVTEC Scout 800 Advanced Console Package, and Motorola Handheld
APX80000 Radios and Accessories.
ITEM BACKGROUND: The Ocean Reef Volunteer Fire Department has requested financial
assistance for the purchase of a fire truck, the equipment necessary to outfit the fire truck, emergency
communications equipment and the software necessary to operate the equipment. In the interest of
public safety, staff is recommending approval of the request. The financial assistance will be split
between FY2023 and FY2024. The Ocean Reef Volunteer Fire Department may request
reimbursement for these expenses up to $87,000 for FY2023 and $361,000 for FY2024.
PREVIOUS RELEVANT BOCC ACTION: Previously approved ILA's for Fire Truck,
Ambulance and Fire Boat.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
ILA Ocean Reef
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
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Total Dollar Value of Contract:
Total Cost to County: $448,000
Current Year Portion: $87,000
Budgeted: YES
Source of Funds: 304-24003
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Tina Boan Completed 01/09/2023 3:45 PM
Christina Cory Completed 01/10/2023 8:39 AM
Purchasing Completed 01/10/2023 8:47 AM
Brian Bradley Completed 01/10/2023 9:42 AM
Lindsey Ballard Completed 01/10/2023 9:53 AM
Board of County Commissioners Pending 01/18/2023 9:00 AM
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INTERLOCAL AGREEMENT
MONROE COUNTY AND OCEAN REEF VOLUNTEER FIRE DEPARTMENT
THIS INTERLOCAL AGREEMENT is entered into this day of 2023
pursuant to Section 163.01, Florida Statutes, by and between Monroe County, a political
subdivision of the State of Florida, (hereinafter "County"), and Ocean Reef Volunteer Fire
Department, Inc., a Florida not-for-profit corporation, its successors and assigns, (hereinafter
"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 125.9501-125.9506, 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, 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, Section 212.055(2), Florida Statutes, 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, Section 212.055(2)(f), Florida Statutes, authorizes the County, which is
designated an area of critical state concern, to expend up to 10% of the infrastructure sales surtax
proceeds for any public purpose other than for infrastructure purposes; and
WHEREAS, emergency communications systems, and the software necessary to operate
those systems, are an integral part of fire protection and emergency medical and rescue services;
and
WHEREAS,the County finds that funding emergency communications systems, and the
software necessary to operate those systems, serve a public purpose; and
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WHEREAS,by approving this Agreement,the County endorses its finding that the
provision of fire protection and emergency medical and rescue services through the Fire
Department serves a paramount 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 INTERLOCAL AGREEMENT:
The purpose of this agreement is to set forth the terms and conditions under which the Fire
Department will a purchase a fire truck, the equipment necessary to properly outfit the fire truck,
emergency communications equipment and the software necessary to operate the equipment; and
the County will reimburse the Fire Department using infrastructure sales surtax monies. ,
2. PURCHASE OF ITEMS BY THE DISTRICT:
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2.1. The Fire Department will purchase one Oshkosh Stinger, Rapid Intervention Suppression
Vehicle (fire truck) and the items/equipment listed in Exhibit A for equipping this vehicle;
Digital Recording System for 911 Communication Center; AVTEC Scout 800 Advanced
Console Package; Motorola Handheld APX80000 Radios and Accessories under this Agreement.
2.2 The Fire Department warrants and represents that this vehicle and each of the other assets >
has a minimum expected life of five (5) years. The Fire Department will retain ownership of the
approved assets and will maintain the fire truck 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 these items, the Fire Department will follow Monroe County's Purchasing
Policy with respect to the need for competitive procurement.
3. REIMBURSEMENT:
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3.1. After purchase of the fire truck and other assets, 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 September 30, 2024. Any requests for
reimbursement submitted after that date will not be honored.
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3.3 The maximum amounts per fiscal year for reimbursement are as follows:
- .
FY 2023 FY 2024
(10/1/2022- (10/l/2023-9/30/2024)
9/30/2023
-- .......— _......_ ......... ........— . . ..
Digital Recording System $21,000 $0.00
for 911 Comm. Ctr.
AVTEC Scout 800 $11,000 $0.00
Advanced Console Pk
®e -- ----- — ®....® ........
Motorola Handheld $55,000 $0.00
APX80000 and Access.
Fire Truck& Ec ui pment $0 0 $361,000
.... ....._ --- _.......
3.4 The request for reimbursement must be signed by the President of the Ocean Reef
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Volunteer Fire Department, Inc. It must be notarized, and must include the following language:
i ceriiii.'i. thlt the �f1h:�xwc !1�u11oiiauots hay vc V ii, ui p:w>u! to the �,eiidors as iiotlili:.,d : iid ,—
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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 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 Section 768.28, Florida Statutes, and Chapter 440, as well as any and all
claims within the limitations of Section 768.28, Florida Statutes, and Chapter 440, arising out of
the activities governed by this agreement.
4.2 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 parry's obligations under this paragraph.
4.3 Notwithstanding the provisions of Section 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
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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 4'
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.
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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 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 §§ 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 § 794), which
prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as
amended (42 USC §§ 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, §§ 523 and 527 (42 USC §§ 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 § 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 § 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,
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.
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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.
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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. FLORIDA PUBLIC RECORDS LAW (Florida Statute § 119.0701):
RECORDS- ACCE
SS mmAND AUDITS: Pursuant to Section 119.0701, Florida Statutes, the
contractor and its subcontractors shall comply with all public records laws of the State of Florida,
including but not limited to:
a. Keep and maintain public records required by Monroe County in order to perform the
service.
b. Upon request from the public agency's custodian of public records, provide the
public agency with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in Florida Statutes,
Chapter 119 or as otherwise provided by law.
c. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the duration of
the contract term and following completion of the contract if the contractor does not transfer the
records to the public agency.
d. Upon completion of the contract, transfer, at no cost, to Monroe County all public >
records in possession of the contractor or keep and maintain public records required by the
public agency to perform the service. If the contractor transfers all public records to the public
agency upon completion of the contract, the contractor shall destroy any duplicate public records
that are exempt or confidential and exempt from public records disclosure requirements. If the
contractor keeps and maintains public records upon completion of the contract, the contractor
shall meet all applicable requirements for retaining public records. All records stored 4-
electronically must be provided to Monroe County, upon request from the public agency's
custodian of records, in a format that is compatible with the information technology systems of
Monroe County.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS BRIAN BRADLEY AT 3 5 292-3470, III
f: .,;;�1wr� �1rogrolecotant,y l�1:1'e, c/o Monroe County Attorney's Office, 1111 12t'' St., Suite408,
..
Key West FL 33040.
15. SCRUTINIZED COMPANIES:
This contract is terminable at the option of the awarding body if the company is found to have
been placed on the Scrutinized Companies that Boycott Israel List as that term is defined in F.S.
287.135 or is engaged in a boycott of Israel.
16. 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
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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.
17. 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 "Chip" Iglesias, President
1100 Simonton Street 100 Anchor Drive
Key West, FL 33040 Key Largo, Fl. 33037
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The Remainder of this Pa tie is Intentionally- Left Blank
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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 AND TERM:
The effective date of this agreement shall be the date set forth above. The agreement shall
continue in full force and effect until terminated by either party.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year E
first above written.
as
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
as
as
By ._ Deputy..Clerk.... . — By: . . _............ .. .........r
Mayor
as
as
OCEAN EEF VOLl1NTEER FIRE
DEPARTS ENT, INC.
a.
pIglesias,
ByGenaro Chi
" President
as
as
E
..r
Approved as to tom and legal si iciency
Momoe Coinit'v tt�orney's is
Christ °m Core, Ass tmt Caunty Attorney
Date: 12/6/22
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