Item D27
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 16. 2006
Division:
Emergency Services
Bulk Item: Yes _~
No
Department: Fire Rescue
Staff Contact Person: Susan Hover
AGENDA ITEM WORDING: Approval of Resolution terminating the fire rescue service agreement
dated October 7, 1992 between Monroe County Board of County Commissioners as governing Board
for Municipal Services Taxing District 6 and the Key Largo Volunteer Fire Department, Inc., and all
addenda thereto, in accordance with Section 2 of said agreement, effective midnight September 30,
2006; providing an alternative termination date if necessary.
ITEM BACKGROUND: See attached memo.
PREVIOUS RELEVANT BOCC ACTION: On October 7,1992, the Board approved a new basic
service agreement with Key Largo Volunteer Fire Department, Inc. This agreement has been amended
from time to time since inception, and is currently on a month-to-month basis.
CONTRACT/AGREEMENT CHANGES: Termination of service agreement effective midnight
September 30, 2006.
STAFF RECOMMENDATIONS: Approval.
TOTAL COST:
N/A
BUDGETED: Yes
No
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
N/A
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH_ Year
APPROVED BY:
County Atty YES
OMB/Purchasing N/A
(J4
Risk Management N/A
DIVISION DIRECTOR:
Clark O. Martin, Jf.
Not Required
DOCUMENT ATION:
Included X
DISPOSITION:
AGENDA ITEM #
Revised 2/05
MEMORANDUM ATTACHMENT TO AGENDA ITEM SUMMARY
TO:
FROM:
Board of County Commissioners of Monroe County, Florida
Clark O. Martin, Jr., Fire Chief/Direa//
Emergency Services Division {;I!J1t{(
MEETING DATE: August 16,2006
ITEM WORDING
Approval of Resolution terminating the fire rescue service agreement dated October 7, 1992 between Monroe County
Board of County Commissioners as governing Board for Municipal Services Taxing District 6 and the Key Largo
Volunteer Fire Department, Inc., and all addenda thereto, in accordance with Section 2 of said agreement, effective
midnight September 30, 2006; providing an alternative termination date if necessary.
ITEM BACKGROUND
The Key Largo Fire and EMS District was created on June 8, 2005, the effective date of the bill that created
it. The referendum was for the purposes of taxation and to elect a governing board, which had to be voted
upon by the electorate within the district by October 4,2005.
Although the Key Largo Fire and EMS District existed and had a governing body as of October 4, 2005, it
had no money and borrowed funds from the County to begin operation, and in addition elected to continue
functioning under the existing service agreements with the County until their official transition effectIve
October I, 2006.
Section 2 of the service agreement allows termination by either of the two parties without cause, upon not
less than 30 days written notice to the other. (See attached Contract Agreement Addendum)
On July 25,2006, a written notice was prepared by Fire Chief Clark Martin to Key Largo Volunteer Fire
Department, Inc. stating the intent of the County to terminate the agreement as of midnight September 30,
2006, contingent upon Board approval. (See attached Written Notice letter)
RESOLUTION No.
- 2006
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY FLORIDA
PROVIDING THAT THE FIRE RESCUE SERVICE
AGREEMENT DATED OCTOBER 7, 1992 BETWEEN
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AS GOVERNING BOARD FOR
MUNICIPAL SERVICES TAXING DISTRICT 6 AND THE
KEY LARGO VOLUNTEER FIRE DEPARTMENT, INC., AND
ALL ADDENDA THERETO, IN ACCORDANCE WITH
SECTION 2 OF SAID AGREEMENT, BE TERMINATED
EFFECTIVE MIDNIGHT SEPTEMBER 30, 2006; PROVIDING
AN ALTERNATIVE TERMINATION DATE IF NECESSARY.
WHEREAS, On October 7, 1992, the Board of County Commissioners of Monroe County,
Florida approved a new basic service agreement (Agreement) with Key Largo Volunteer Fire Department,
Inc; and
WHEREAS, Said Agreement has been amended from time to time Since inception, and IS
currently on a month-to-month basis; and
WHEREAS, The Key Largo Fire and EMS District (District) was created on June 8, 2005, the
effective date of the bill that created it, and a referendum was held for the purposes of taxation and
election of a governing board; and
WHEREAS, Although the Key Largo Fire and EMS District existed and had a governing body as
of October 4,2005, it had no money and borrowed funds from the County to begin operation; and
WHEREAS, the District elected to continue functioning with the existing service agreements
with the County until the official transition by Interlocal Agreement (ILA) between Monroe County and
District, which should be effective October 1, 2006; and
WHEREAS, Section 2 of the Agreement allows termination of the Agreement without cause by
giving thirty (30) days written notice; and
WHEREAS, On July 25, 2006, in order to comply with the terms of the Agreement, a written
notice was sent by Fire Chief Clark Martin to Key Largo Volunteer Fire Department, Inc. stating the
intent of the County to terminate the agreement as of midnight September 30, 2006, contingent upon
approval of the Board of County Commissioners acting as the Board of Governors of District 6;
NOW, THEREFORE, BE IT RESOL VED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. That the fire rescue service agreement dated October 7, 1992 between Monroe County
Board of County Commissioners as Governing Board for Municipal Services Taxing District 6 and the
Key Largo Volunteer Fire Department, Inc., and all addenda thereto, in accordance with Section 2 of said
agreement, be terminated effective midnight September 30,2006.
Section 2. That in the event the transition ILA is delayed, the Agreement shall terminate on the
day the ILA is approved.
Section 3. That a copy of this document shall be furnished to the President, Key Largo Volunteer
Fire Department, Inc.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
at a regular meeting of said Board held on the day of , A.D., 2006.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Dixie M. Spehar
Commissioner George Neugent
District IV
Commissioner Glenn Patton
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
~CWALSERV1CEST~G
DISTRICT 6
By
By
Deputy Clerk
Mayor/Chairman
MONROE COUNTY ATTORNEY
APPROV AS TO FORM:
{
M. GRIMSLE
COUNTY ATTORNEY
7~ .J-P~O q
Key Largo Volunteer Fire Department, Inc,
CONTRACT AGREEMENT ADDENDUM dated September 21,1995
THIS ADDENDUM TO CONTRACT AGREEMENT, made and entered into this 21st day of
Septch'lber, 1995 a.d., by and between the Board of County Commissioners, Monroe County, Florida, on behalf of
the Municipal Services Taxing District #6, and Key Largo Volunteer Fire Department, Inc., a not-for-profit Florida
Corporation in order to amend the contract agreement between the parties dated October 7, 1992, as follows:
The term of the AGREEMENT, as stated in Section 1, shall be amended to read as follows:
1. The term of this agreement shall commence as of the 1st day of October, 1992, and expire on the 31 st
day of January, 1996.
The termination of this AGREEMENT, as stated in Section 2, shall be amended to read as follows:
2. This AGREEMENT may be terminated by either of the two parties without cause, upon not less than
30 days written notice to the other.
In all other respects, the Contract Agreement between the parties dated October 7, 1992 remains in full force
and effl:ct.
IN WITNESS WHEREOF, the parties hereto have caused this Contract Agreement Addendum to be
: executed the day and year first above written.
BOARD OF COUNTY COMMISSIONERS,
MONROE COUNTY, FLORIDA ON
BEHALF OF MSm NO.6
ct~;f"~
YOR
(sr AL)
Attest: Danny L. Kolhage, Clerk
KEY LARGO VOLUNTEER FIRE
DEPARTMENT, IN~
~ ~,
RESIDE
Li!ar~<f<!~~~~)
CLERK
(CORPORATE SEAL)
~:~ flu.
EC ETARY
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY
~~
COUNTY ATfO S OFFICE
"
OY,~T,Y ~o~~~~E
(305) 294-4641
{-,-..._,,-~~
OFFICE of
EMERGENCY SERVICES
490 63rd Street
Marathon, FL 33050
PHONE: (305) 289-6010
FAX: (305) 289-6336
July 25, 2006
Christopher Fleming
Key Largo Volunteer Fire Department, Inc.
P.O. Box 782
1 East Drive
Key Largo, FL 33037
Dear Mr. Fleming,
WRITTEN NOTICE
BOARD OF COUNTY COMMISSIONERS
Mayor Charles "Sonny" McCoy, District 3
Mayor Pro Tem Dixie M. Spehar, District 1
George Neugent, District 2
David P. Rice, District 4
Glenn Patton, District 5
This is written notice that fire rescue service agreement dated October 7, 1992, and all
addenda thereto, will be terminated effective midnight September 30, 2006, contingent
upon approval by the Board of County Commissioners of Monroe County Florida.
If you have any questions, please feel free to contact me.
Sincerely,
(!dL04~A:N)
Clark O. Martin~:--Y
Fire Chief/Director, Emergency Services