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Item D28 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: August 16, 2006 Division: Emergency Services Bulk Item: Yes 1L- No Department: Fire Rescue Staff Contact Person: Susan Hover AGENDA ITEM WORDING: Approval of Resolution terminating the ambulance service agreement dated September 17, 1997 between Monroe County Board of County Commissioners as governing Board for Municipal Services Taxing District 6 and the Key Largo Volunteer Ambulance Corps, Inc., and all addenda thereto, in accordance with Section 30 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 September 17, 1997, the Board approved a new basic service agreement with Key Largo Volunteer Ambulance Corps, Inc. This service 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 ::::~~::~R:CT:::nty Ally Y::rk O. :::~~~:Chas~ Risk Management N/ A Not Required DOCUMENTATION: Included X DISPOSITION: AGENDA ITEM # Revised 2/05 MEMORANDUM ATTACHMENT TO AGENDA ITEM SUMMARY TO: Board of County Commissioners of Monroe County, Florida Clark O. Martin, Jr., Fire Chief/D;a;1 Emergency Services Division (PfIU FROM: MEETING DATE: August 16,2006 ITEM WORDING Approval of Resolution terminating the ambulance service agreement dated September 17, J 997 between Momoe County Board of County Commissioners as governing Board for Municipal Services Taxing District 6 and the Key Largo Volunteer Ambulance Corps, Inc., and all addenda thereto, in accordance with Section 30 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 1, 2006. Section 30 of the service agreement allows termination without cause by giving sixty (60) days written notice. (See attached page 9 of Agreement) On July 25,2006, a written notice was prepared by Fire Chief Clark Martin to Key Largo Volunteer Ambulance Corps, 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 AMBULANCE SERVICE AGREEMENT DATED SEPTEMBER 17, 1997 BETWEEN MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AS GOVERNING BOARD FOR MUNICIPAL SERVICES TAXING DISTRICT 6 AND THE KEY LARGO VOLUNTEER AMBULANCE CORPS, INC., AND ALL ADDENDA THERETO, IN ACCORDANCE WITH SECTION 30 OF SAID AGREEMENT, BE TERMINATED EFFECTIVE MIDNIGHT SEPTEMBER 30, 2006; PROVIDING AN ALTERNATIVE TERMINATION DATE IF NECESSARY. WHEREAS, On September 17, 1997, the Board of County Commissioners of Monroe County, Florida approved a new basic service agreement (Agreement) with Key Largo Volunteer Ambulance Corps, Inc; and WHEREAS, Said Agreement has been amended from time to time smce 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 30 of the Agreement allows termination of the Agreement without cause by giving sixty (60) 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 Ambulance Corps, 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 ambulance service agreement dated September 17, 1997 between Monroe County Board of County Commissioners as Governing Board for Municipal Services Taxing District 6 and the Key Largo Volunteer Ambulance Corps, Inc., and all addenda thereto, in accordance with Section 30 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 Ambulance Corps, 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 MUNICIPAL SERVICES TAXING DISTRICT 6 By By Deputy Clerk Mayor/Chairman MONROE COUNTY ATTORNEY APPROVED AS TO FORM: SU ASSIST COUNTY ATTORNEY 1"';1. 7-cJ? Key Largo Volunteer Ambulance Corps, Inc. Agreement dated September 17, 1997, Page 9 28. The AMBULANCE CORPS may provide group heal th insurance for the members of the AMBULANCE CORPS consistent with the provisions of Section 112.08 (4) (a) Florida Statutes. The cost of such insurance shall be a cost, charge or expenditure for which the DISTRICT, upon receipt of proper invoice and applicable documentation, shall pay in a sum. not to exceed the available funding. 29. The AMBULANCE CORPS shall present a copy of its annual audit report, prepared by a certified public accountant licensed to do business in the State of Florida, to the DISTRICT. . The report shall be presented to the DISTRICT within thirty (30) days of its receipt by the AMBULANCE CORPS. The AMBULANCE CORPS shall comply with this requirement for each audit year concurrent in whole or in part with the term of this agreement. The cost of such audit shall be a cost, charge, or expenditure of the AMBULANCE CORPS for which the DISTRICT, upon receipt of proper invoices and other applicable documentation, shall reimburse the AMBULANCE CORPS in a sum not to exceed the budgeted allocation for same. . 30. The DISTRICT may terminate this AGREEMENT at any time during its term if the AMBULANCE CORPS defaults under any of the provisions specified herein, or violates any standard specified in this AGREEMENT or violates any other law, regulations or standard applicable to furnishing of ambulance service in Monroe County. In such event, the Administrator of the County shall furnish the AMBULANCE CORPS written notice of any such default or violation and the AMBULANCE CORPS shall have thirty (30) days from receipt of said notice to correct or remedy such default or violation. If such violation is not corrected or such default is not remedied within said thirty (30) day period, or is of such nature that it cannot be corrected or remedied, this AGREEMENT may be terminated at the discretion of the County Administrator. The AMBULANCE CORPS may terminate this AGREEMENT without cause by giving sixty (60) days written notice indicating their desire to terminate same. 31. Notice under this AGREEMENT shall be given to the DISTRICT by sending written notice to the Office of the County Administrator, Public Service Building, Wing II, Key West, Florida 33040 and notice shall be given to the AMBULANCE CORPS by sending written notice to the President of the Key Largo Volunteer Ambulance Corps, Inc., 98600 Overseas Highway, Key Largo, Florida 33037. All vehicles and equipment owned by the DISTRICT or Monroe County and. used by the. AMBULANCE CORPS to provide ambulance service shall be returned to the DISTRICT when requested upon expiration or termination of this AGREEMENT. During the interim period between expiration of this AGREEMENT and execution of a new AGREEMENT, the AMBULANCE CORPS shall be authorized to use the vehicles and equipment for continued provision of ambulance service. 9 __~ ____ _ c_::,:~,:=,"-+=,~."':_ _ -" -"..- ~ ""'-'~~--"-------=-=-----';;-'::'-=-~-- O,y,~rY ~o~~~~E (305) 294-4641 ..,......,-~ f OFFICE of EMERGENCY SERVICES 490 63fd Street Marathon, FL 33050 PHONE; (305) 289-6010 FAX: (305) 289-6336 July 25,2006 Brenda Beckmann, President Key Largo Volunteer Ambulance Corps, Inc. 98600 Overseas Highway Key Largo, FL 33037 Dear Ms, Beckmann, WRITTEN NOTICE BOARD OF COUNTY COMMISSIONERS Mayor Charles "Sonny" McCoy, District 3 Mayor Pro Tern Dixie M. Spehar, District 1 George Neugent, District 2 David P. Rice, District 4 Glenn Patton, District 5 This is written notice that ambulance service agreement dated September 17, 1997, 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, c?UO./~1? Clark O. Martin, Jr. Fire Chief/Director, Emergency Services