Item O4 BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5
Michelle Lincoln,District 2
James K.Scholl,District 3
David Rice,District 4
Board of County Commissioners Meeting
June 21, 2023
Agenda Item Number:
2023-1176
BULK ITEM: Yes DEPARTMENT: County Attorney
TIME APPROXIMATE: STAFF CONTACT: Joseph DiNovo
AGENDA ITEM WORDING: Approval of a First Amendment to and Partial Termination of
Interlocal Agreement between the Monroe County Board of County Commissioners and the School
Board of Miami-Dade County, to remove one location for the School Board communication equipment,
reduce the monthly rental amount to $1,200; and replace the reference to the Islamorada location to a
Plantation Key location.
ITEM BACKGROUND:
Monroe County BOCC and the School Board of Miami- Dade (MDSB) entered into an Interlocal
Agreement (ILA) on July 20, 2016, for MDSB to utilize the Communication Tower owned by Monroe
County and located at Sigsbee Navy Station, 800 Main Street, Key West, and three other locations.
MDSB utilized the Key West tower to place certain communication equipment associated with FM
Translator Services W265130. The tower has now deteriorated and Monroe County plans to cease its
use of the Sigsbee Tower. State of Florida, Department of Management Services (DMS) has secured
State funding to demolish the tower located at Sigsbee Naval Station and construct a new tower. In
order to facilitate construction of the new tower, MDSB communication equipment needs to be
removed from this location in order to enable Monroe County to transfer the tower to DMS. This First
Amendment and Partial Termination is to revise various provisions of the ILA.
The first provision to be revised is Paragraph 4 in order to replace the reference in subparagraph 1 from
100 North Hammock Road, Islamorada, Florida, to 88700 Overseas Hwy., Plantation Key, Florida.
The partial termination is to remove the communication equipment of MDSB on the tower located at
Sigsbee Naval Station and any additional equipment in the adjoining shed. MDSB will retain its
communication equipment at the three other locations. The First Amendment should also be revised to
amend paragraph 4 of the ILA to reduce the monthly payment to $1,200.00 for use of the three
locations, rather than four towers, with the new payment amount to begin on July 1, 2023. Staff seeks
approval of this First Amendment to and Partial Termination of the ILA.
PREVIOUS RELEVANT BOCC ACTION:
July 20, 2016 BOCC approved an Interlocal Agreement with the School Board of Miami-Dade
County for placement of communication equipment on four of the County's communication towers.
CONTRACT/AGREEMENT CHANGES:
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Amendment to the ILA to reflect one location change; remove MDSB communication equipment from
the Sigsbee communication tower; and reduce the monthly payment amount.
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Interlocal Agreement- Monroe County Miami-Dade School Board WLRN (7-20-16).pdf
First Amendment to and Partial Termination of Interlocal Agreement Between the Board of County
Commissioners of Monroe County and the School Board of Miami-.pdf
FINANCIAL IMPACT:
Effective Date: June 21, 2023
Expiration Date: July 19, 2036
Total Dollar Value of Contract: New monthly is $1,200.
Total Cost to County: None
Current Year Portion:
Budgeted: n/a
Source of Funds: n/a
CPI: n/a
Indirect Costs: n/a
Estimated Ongoing Costs Not Included in above dollar amounts: n/a
Revenue Producing: Yes If yes, amount:
Grant: n/a
County Match: n/a
Insurance Required: No
Additional Details: Monthly rental amount reduces from $1,600 to $1,200.
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INTERLOCAL AGREEMENT
BETWEEN
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY
AND
THE SCHOOL BOARD OFMIAMV-DADECOUNTY,FLORIDA
THIS |NTERDOCAk AGREEMENT (the "Agreement") made and entered into this&_dayuf
6 between the BOARD OF COUNTY COMMISSIONERS 0F h8ONROE COUNTY, FLORIDA
(wCD&�0y). a political subdivision of the State of Florida and THE SCHOOL BOARD OF kA|AM|-DADE
COUNTY, FLORIDA, a public body corporate and politic, existing under the laws of the State of Florida,
its successors and assigns' (the°&4DSB^). The COUNTY and the K8DSB are sometimes referred toherein
individually as"Party"and collectively as the^Parties^.
RECITALS
WHEREAS, Section 163.01' Florida Statutes, the "Florida |ntedoca| Cooperation Act uf1969^,
authorizes public agencies to enter into inter|oca| agreements for mutual benefit and to provide
facilities to service the needs of local communities;and
WHEREAS,both the COUNTY and the yNDSB desire to have certain communications equipment
associated with FM Translator Stations VVI65B0' Key West, VVI77AD, Key Colony Beach, VV221AY,
|damorada an6VV2Q6AS' Big Pine Key (the "Stations") placed on several communications Towers in
Monroe County;and
WHERAS, the Stations are part of a system designed to provide information to citizens of
Monroe County in times of emergency;and
WHEREAS,K4QS13 presently has a presence on the following towers owned by COUNTY:
1) !s}amorada'1DO North Hammock Road, |s|amoradaFL.
2) Grassy Key,1D0 Crane Road,Marathon(Grassy Key).FL,33050.
3> Scout Key,formerly known ay West Svmmedand key,34211 Overseas Highway,Big Pine
Key(Scout Key)FL,33043.
4) Key West,tower located on Sigsbee Navy Station,800 main Street, Key West, FL 33040;
and
WHEREAS, due to the necessity of upgrading towers, replacing towers, and maintaining
towers, in some cases the MDS13 will be required to change the location of one or more of the Stations
to another tower on a space available basis or to a newly constructed tower on a space available basis
owned by COUNTY,orto upgrade its equipment on COUNTY towers;and
WHEREAS, both the COUNTY and the KxDS8 wish to maintain the presence of the Stations on
towers in Monroe County;and
WHEREAS, MDSB acknowledges that the COUNTY and the MONROE COUNTY SHERIFF'S OFFICE
("M[SO") have entered into an |nter|oca|A8reement in which k8C5O operates and maintains the public
safety systems and other communication systems for COUNTY, and K8CSOacts as the final decision
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maker for communications systems,designs, purchases,training, and maintenance for communications
towers under the control ofCOUNTY,and
WHEREAS, K8D5B acknowledges and agrees that K8CSO shall serve as the designated
representative to munidpa|, county, state and federal agencies tasked with implementing Department
of Homeland Security in Monroe County involving communication systems on the County's behalf and
agrees to comply with K»CSO as the designated representative for Monroe County;and
WHEREAS, MDSB, specifically agrees to abide by the |nter|oca} Agreement between COUNTY
and KxCSQ and any amendments thereto;and
WHEREAS, the MD3Q represents that placement and operation of public radio equipment will
not interfere with M[SO'y emergency communications' other user's communications, equipment or
operations,the structural integrity of the tower or the future communications plans of the COUNTY.
NOW THEREFORE, in consideration of the mutual promises, covenants, conditions, and
agreement stated herein,and other good and valuable considerations,the sufficiency of which is hereby
acknowledged,the parties agree asfollows:
z. INCQRPORATIONOFRECITAI The above recitals are incorporated into this Agreement.
J. LOCATION,REMOVAL RELOCATION. The PWD6B may use the tower space on the towers as
described above and space in associated equipment shelters, all as set forth in the Exhibit "A" of this
Agreement' as it may be amended from time to time (collectively the "Premises"). The WYDS8
acknowledges that some or all of these towers will need to be relocated, removed, rebuilt, maintained
ur remodeled during the term of this AGREEMENT.The COVNTY and h8SCD will take steps torelocate
the any affected Station insure that minimal reasonable interference with the Station's communications
occurs in the ne1ocation, removal, maintenance or remodel of the towers. However, the MDSB
acknowledges that the COUNTY and the k8[SD' shall make the final decision as to what needs to be
done with each tower and the MDS8 shall fully cooperate with the decisions.
K4Q6B acknowledges and agrees that the Tower located at I00 North Hammock Road, in |s|amorada is
scheduled for demolition- and the tower located in Key West atSi%sbee' 880 Main Street, Key West
Florida, needs to be demolished. The K8DSB agrees to move the affected Stations' operations and
equipment on these towers and any other towers, within 30 days of being asked to do so in writing by
the COUNTY' to another tower owned by the COUNTY, as determined in consultation with MS[D. The
Parties agree tu work together to accomplish the foregoing.
3. The K4D5B agrees that it shall,
at all times, maintain and repair its Station equipment on all sites in good working condition. |fKhDSB
wishes to change the equipment located on the towers, it shall notify M[SO prior to making the
changes, shall obtain permission and provide schematic drawings or other engineering evaluations if
required to do so by MCSO. MDSB agrees that MDSB'S equipment presently on any site scheduled to be
demolished or moved shall be relocated, at K8D5BYs sole cost and expense, at the direction ofK4C3O in
conformity with the requirements of this Agreement.
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KxDSB shall comply with IVISCO's requirements for grounding and with all other site and tower safety
requirements. Failure to do so may, at the sole discretion of the COUNTY, be grounds for immediate
termination of this Agreement.
4. FEES. IVlDSB shall pay the amount of ONE THOUSAND SIX HUNDRED DOLLARS($1,600)for the
use of all the tower locations. Payment shall be made on the first day of each month beginning the first
day of the first month after the Effective Date of this Agreement. Beginning on the first anniversary of
this Agreement the monthly fee shall be subject to increase upon 90 days prior written notice from the
COUNTY.
5. INTERFERENCE. The yNDSB shall conduct its communications and on-site operations in
such e manner aswill create no interference with k8C5O emergency communications orwith other
user's current and future planned operations. The COUNTY, through K8[SO, shall coordinate physical
arrangements among the parties and other users. The COUNTY shall have final authority astosuch
arrangements.
6. TERM. . The term of this Agreement is twenty (I0) years beginning on the date the
agreement is duly approved and executed by MDSB and formally approved by vote of the COUNTY and
executed by COUNTY("Effective Date"),unless terminated earlier pursuant to Section 11 below.
7. PERUWS. It shall be the responsibility of the PNDSB to obtain any permits necessary for
installation and operation of its equipment on the towers. Permits shall be obtained only after K4CS0
has approved any additional equipment on the towers or before any change of frequency or weight of
the equipment.
D. ACCESS FOR MAINTENANCE AND ALTERATION. The K805B shall have the right to make
alterations in and to the demised Premises during the term of this Agreement upon first obtaining the
written consent thereto from IVI{SO, which consent shall not be unreasonably withheld. After first
notifying IVICS0,providing information necessary for IVISCOtmverify employees and agents of MDSB
who will be working on the site ormn the tower, and receiving permission from mVISCO, the PWDSB'S
authorized employees and agents shall, during the terms of this Agreement, have the right to enter
upon the Premises where their equipment is located and to have access to their equipment for
maintenance, provided such access is made in such a manner as to create the least practical
interference with M[SO and other user's operations. K#DSB agrees that IVICSO will determine the
information needed to verity who is admitted to the site, this information may include background
checks. MDSB acknowledges that MSCO's emergency related use of the towers takes precedence over
other uses including those of the MDSB. Notification for maintenance may be by email or according to
paragraph 1Sof this Agreement.kxDS8 agrees that it will make alternative installation,maintenance and
repair arrangements for the location of its equipment on any COUNTY tower where COUNTY security
requirements bar yNDS8 personnel from access zo the tower site.
g. RIgH K4D58 shall have the right of ingress to and egress from
the Premises; however the right of ingress and egress shall be regulated by MCSO. K0D5g shall obtain
written permission, which may be in the form of an email from MCSO, prior to entering the Premises.
The Parties agree and acknowledge that tower Premises are located in secure areas which must be
regulated for the benefit of the public, the x0DSB' other users and the emergency requirements of
K»CS0.
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10. ASSIGNMENT. This Agreement and the rights under the Agreement obuD not be
transferred,assigned,msub-leased in whole min part without written consent of the COUNTY.
11. TERMINATION. Either Party may terminate this Agreement by giving at least sixty (60) days'
prior notice inwriting.
zZ. FCC RULES AND gQMPLIANCE WITH LAW. The Parties shall have the right to require
amendment of this Agreement in order to incorporate any conditions, changes or modifications which
are, or may hereafter become, necessary to comply with any requirement or decision of the Federal
Communications Commission (FCC) so as not to prejudice or cause the termination of any Party's
communication authorization, and the Parties agree to comply with all applicable laws, rules and
regulations.This Agreement shall not be subject toarbitration.
13. REMOVAL OF PROPERTY. Upon termination of this Agreement or upon changes and
modifications to the site,whether by expiration of the Agreement, early termination of the Agreement
or modifications to the tower or to the site required by COUNTY or KxS[O, the [ND5B shall, at its own
expense and cost' remove o,cause to be removed its communications equipment. Upon such removal,
the N1D5B shall, at its own cost and expense, restore the Premises tn the same good condition as they
were on the date this agreement was executed, normal wear and tear excluded; unless the Premises is
slated to be removed from the site in which case the K8D5B shall leave the site in a safe condition for
removal.
14. WAIVER. The Parties agree that the waiver by either Party of a breach of any provision of
this Agreement shall not operate or be construed as a waiver of any subsequent breach by that same
Party.
15. NOTICES.` Notices in this Agreement, unless otherwise specified, shall he sent by certified
mail tn the following:
TO THE COUNTY:
COUNTY ADMINISTRATOR
1100 Simonton Street
Key West,FL33Q40
With copy to:
County Attorney
PO Box 1DI§
Key West,FL33041'1026
TO MCSO:
IVIBO
Emergency Communications Department
Monroe County SherMfsOffice
106DO Aviation Boulevard
Marathon, Florida 3JO5O
)o»cdvpal Agreement/Monroe County/sm/vvLRw Towers/FINAL Page 4of)%
With a copy to:
Monroe County Sheriff's Office
Attn:Legal Division
5525 College Road
Key West, FL 33040
TO THE MDSB:
The School Board of Miami-Dade County,Florida
Attn: Superintendent of Schools
1450 NE 2"d Avenue,#012
Miami,FL 33132
With a copy to:
General Manager WLRN
172 NE 15t"Street
Miami,FL 33132
School Board Attorney's Office
Attn: School Board Attorney
1450 NE 2"d Avenue,#430
Miami,FL 33132
16. 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 MDSB
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.
17. 6LI& The MDSB acknowledges that it has inspected the Premises, is fully aware of the
condition of all of the towers covered under this agreement and agrees to accept the Premises in as is
condition. The MDSB agrees that the COUNTY and/or MSCO or not obligated to repair, maintain or
renovate same based on any time table or schedule. If MDSB determines that it does not wish to
continue operations on the Premises it shall notify MCSO under paragraphs 11 and 15 of this
Agreement.
18. NO REPRESENTATION. COUNTY makes no representation,warranty,guarantee,or averment
of any kind whatsoever concerning the physical condition of the Premises at the commencement of this
term, and it is agreed that COUNTY will not be responsible for any loss, damage, or cost which may be
incurred by SCHOOL BOARD by reason of any such physical damage.
Interlocal Agreement/Monroe County/SB/WLRN Towers/FINAL Page S of 12
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19.
The M[SB,asastate agency msubdivision defined in Section��Florida Statutes,agrees to
be fully responsible to the limits set forth in such statute for its own negligent acts momissions, or
intentional tortuous actions,which result in claims or suits against either County orMDSB,and agrees to
be liable to the statutory limits for any damages proximately caused by said acts or omissions, or
intentional torbousacts.
The County, as a political sub-division of the State of Florida, as defined in Section 768.28\
Florida Statutes,agrees to be fully responsible to the limits set forth in such statute for its own negligent
acts or omissions,or intentional tortuous acts,which result in claims or suits against either the MDSB or
County, and agrees to be liable tothe statutory limits for any damages proximately caused by said acts
or omissions,or intentional torbousacts.
Nothing contained in this Section shall be construed to be a waiver by either party of any
protections under sovereign immunity,Section 768.28 Florida Statutes,or any other similar provision of
law. Nothing contained herein shall be construed to be a consent by either Party to be sued by third
parties in any matter arising out mf this or any other Agreement.
The Parties agree that good and valuable consideration has been received for the indemnification
provided for the above.
20. INJURY OR DAMAGE TO PROPERTY ON e8fMILES, MDSB shall be responsible for all property
of the M0S8 that may be on the Premises during the term of this AGREEMENT, and, except for any
negligence of the COUNTY OR MCSO,the COUNTY and/or MCSO shall not be liable to the rNDS8orany
other person for any injury, loss or damage to property or to any person on the Premises. In the event
that the demised Premises or a major part thereof are destroyed by storm or other casualty, the
COUNTY shall, within a reasonable time and by vote of the County Commission determine how' o,
whether to restore the Premises.Fees charged to MDSB on the Premises will cease untfl the completion
or the restoration. If the clemised Premises cannot, after such casualty, be restored within one hundred
and eighty (180) days, yND3B or COUNTY may terminate the lease upon giving written notice to the
other, at any time after destruction of the Premises, notwithstanding any provision to the contrary set
forth in Section IImf this Agreement.
21. AVAILABILITY OF FUNDING. The COUNTYS performance and obligation to pay under this
contract is contingent upon an annual appropriation by the Board of County Commissioners.
II. VENUE, GOVERNING LAW AND INTERPRETATION. 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 inthe State. In the event that any cause ofaction or administrative procedure is
instituted for the enforcement or interpretation of this Agreement,the Parties agree that venue will lie
in the appropriate court or before the appropriate administrative body in Monroe County.
23. ATTORNEYS FEES AND COSTS. The Parties 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, each Party shall be responsible for its attorney's fees and court costs
from trial level through all appeals.
/uueHnco|Agreement/Monroe County/3a/vvLRm Towers/FINAL Page 6of 12
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34. 8TTESTATION& SCHOOL BOARD agrees to execute such documents as the COUNTY may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free
Workplace Statement.
25. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be
covenant or agreement of any member,officer,agent or employee of the Parties in his or her individual
capacity, and no member, officer, agent or employee of a Party shall be liable personally on this
Agreement or be subject to any personal liability or accountability by reason of the execution of this
Agreement.
36. The terms,covenants,conditions,and provisions of this Agreement shall bind
and inure to the benefit ofthe K80SB and COUNTY and their respective legal representatives,
successors,and assigns.
37. AUTHORITY., Each Party represents and warrants tothe other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and MDSB action,as
required by law. Furthermore, as it relates to the NYDSB, the Superintendent or his/her designee shall
have the power to grant or deny all approvals required under this Agreement and implementation
thereof,including without limitation,termination.
28. COVENANT OF NO INTEREST. The Parties covenant that neither presently has any intenest, and
shall not acquire any interest,which would conflict in any manner ordegree with its performance under
this Agreement, and that the only interest of each is to perform and receive benefits as recited in this
Agreement.
Zg. The Parties 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 Ode 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. For the beach or violation of the provision, the MD58 agrees that the
COUNTY shall have the right to terminate this Agreement without liability and,at its discretion'to offset
from monies owed, or otherwise recover,the full amount of such fee,commission, percentage,gift,or
consideration.
30. PUBLIC ACCESS. The COUNTY and KxoS0 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 tnthe provisions of Chapter 119' Florida Statutes, and made or received by the County and
SCHOOL BOARD in conjunction with this Agreement; and the County shall have the right to unilaterally
cancel this Agreement upon violation of this provision by MDSB.MDSB is required to:
(1) Keep and maintain public records that ordinarily and necessarily would be required by the
public agency in order tn perform the service.
(Z) Provide the public with access to public records on the same terms and conditions that the
public agency would provide the records and at a cost that does not emceed the cost provided in
this chapter oras otherwise provided by law.
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(3) Ensure that public records that are exempt or confidential and exempt from public record
disclosure requirements are not disclosed except as authorized bylaw.
(4) Meet all requirements for retaining public records and transfer, at no cost, to the public
agency all public records in possession of the SCHOOL BOARD upon termination of the contract
and destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements.All records stored electronically must be provided to the
public agency in a format that is compatible with the information technology systems ofthe
public agency.
51. Notwithstanding the provisions pfSec. 768.28, Florida Statutes,
and as the same may be amended from time to time, the participation of the Parties to 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 mf immunity to the extent of
liability coverage, nor shall any contract entered into by the COUNTY be required to contain any
provision for waiver.
32. PRIVILEGES ANQ IMMUNITIES. All of the privileges and immunities from liability, exemptions
from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other
benefits which apply to the activity of officers, agents,or employees of any public agents or employees
of the Parties, when performing their respective functions under this Agreement within the territorial
limits of the Parties shall apply to the same degree and extent to the performance of such functions and
duties of such officers,agents,volunteers,or employees outside the territorial limits of the Parties.
33. NON-DELEGATION OF CONSTITUTIONAL-OR--STATUTORY--DUTIES. This Agreement is not
intended to, nor shall it be construed as, relieving any participating entity from any obligation or
responsibility imposed upon the entity by law except to the extent of actual and timely performance
thereof by any participating entity, in which case the performance may be offered in satisfaction of the
obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as,
authorizing the delegation of the constitutional or statutory duties of the Parties, except to the extent
permitted by the Florida constitution,state statute,and case law.
34. No person or entity shall be entitled tm rely upon the terms,
pr any of them,of this Agreement to enforce or attempt to enforce any third-party claim orentitlement
to or benefit("Third Party 8enefidaries^) of any service orprogram contemplated hereunder, and the
Parties agree that neither the K8DS8 nor the COUNTY orany agent, officer, or employee of either shall
have the authority to inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity orentities, have entitlements or benefits under this Agreement separate and apart,
inferior to, or superior to the community /n general or for the purposes contemplated in this
Agreement. It is the intent of the Parties that this Agreement is solely for the benefit of the COUNTY
and the MDSB and no right or cause of action shall accrue upon or by reason, to or for the benefit of,
any third party not a formal party tm this Agreement.
35. EXECunON 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 Parties hereto may execute this Agreement by signing any
such counterpart.
36. SEOQN IIE&D_INGS. Section headings have been inserted in this Agreement as a matter of
convenience of reference only, and it is agreed that such section headings are not a part of this
Agreement and will not be used in the interpretation of any provision of this Agreement.
37. MUTUAL REVIEW.This Agreement has been carefully reviewed by all parties,and the counsel of
their choice, therefore this Agreement is not to be construed against either Party on the basis of
authorship.
IN WITNESS WHEREOF,the Parties hereto have set their hands and seals the day and year first
above written.
[SIGNATURE PAGES FOLLOW]
Interlocal Agreement/Monroe County/SB/WLRN Towers/FINAL Page 9 of 12
SIGNATURE PAGE: COUNTY
WITNESSES AS TO BOARD OF BOARD OF COU MISSIONERS
COUNTY COMMISSIONERS OF OF MONROE
MONROE COUNTY, FLORIDA-
By:
Sign: —Print M
Name: Date:!7VXn Sign:: Print
Name: EAVULIN, CLERK:
UX7
AP ED AS TO FORM AND LEG
SUF IENCY: 0, /
unty Attorney
Interlocal Agreement/Monroe County/SB/WLRN Towers/FINAL Page 10 of 12
SIGNATURE PAGE: SCHOOL BOARD
WITNESSES AS TO SCHOOL BOARD: THE SCHOOL BOARD OF MIAM111-
DADE COUNTY, FLORIDA
Sign-O' e2�,,
Print amet
.......... ......................
o , Carvallo
S qW
ign: perintendent of Schools
Date:
am�Print
TO THE SCHOOL BOARD:
APPROVED AS TO FORM AND LEGAL
SUF CIENCY:
Sch?ol Board Aftor
RECOMMENDED:
La n h ia
L L RN/0enie'
a
I
r4al!!!Manager
TO THE SCHOOL BOARD:
APPROVED AS TO FORM AND LEGAL
SU FICIENCY: r
7j is q.,o 136�fisle, Esq.. Special Counsel
P 'OV D e, rim
PPROVED AS TO RISK
p E:un 0 13 E A F)0 NAG MENT::
ASS.HSTAINi — uiwr�""' op, Ey
4�i
Mic ae Fox
is Management Officer
Interlocal Agreement/Monroe County/SB/WLRN Towers/FINAL Page 11 of 12
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EXHIBIT"A"
TO
|NTERLOCALAGREEMENT
BETWEEN
BOARD OF COUNTY COMMISSIONERS OF MONROEC0WNTY
AND
THE SCHOOL BOARD OF DADE COUNTY,FLORIDA
1) Present location: 100North Hammock Road, b|amorada Florida; itis anticipated that the
equipment will move to site the 8877O Overseas Highway, Plantation Key or to another
presently undetermined location.This site may have to be moved in order to accommodate
the new Court House which will be built on this site in the future. Four bay circularly
polarized transmitting antenna with radiation center at 150 ft AG mounted on W face.Scala
CL-FM Ya@i receiving antenna at 130ft AG mounted on E leg. In the shelter, one 7 ft rack,
one repeater station and one 100watt amplifier.Two 7/8inch transmission line on the tower
connected to the antennas.
I) Grassy Key Site, 100 [mne Road, Marathon, FL 33050on Grassy Key; Four bay circularly
polarized transmitting antenna with radiation center at I60 ftAG mounted on face. Scala
CL-FMYagi receiving antenna at 180ft A6 mounted on N leg. |n the shelter, one repeater
station and one 100watt amplifier, mounted /na7ft rack not owned byVVLRN.Two 7/8inch
transmission lines on the tower connected to the antennas.
3) Scout Key,formerly known as West Summer|and Key,34211 Overseas Highway,Big Pine Key
33043 on Scout Key, Four stacked Scala CA-150tran»mitbnQ antenna skem/ed4D degrees, J
at 270 degrees and Z at 310 degrees with radiation ccoter360 ftAG mounted on SW leg.
Four stacked SCALACA-1GOtransmitting antennas at 70 degrees with radiation center at
260ftAG mounted on E lee. Scala CLFK»YaQi receiving antenna at 197ftA8 mounted on
NE face. In the shelter, one 7ft rack, one 20watt repeater /transmitter with two output
stages mounted in rack.Three 7/8inch transmission lines mounted on the tower connected
to the antennas.
4) Key West, 8OO Main Street Key West, 33040 etSigsbee base. Four stacked Scala CA'150
transmitting antenna skewed 40 degrees' 2 at 180 degrees and 2 at 220 degrees with
radiation center 85 ft AG mounted on VV leg. Four stacked Scala CA-150 transmitting
antenna skewed 9O degrees with radiation center85 ftAG mounted on E face-Scala[LFyN
Yagi receiving antenna at 150 hAG mounted on E |egjn the shelter, one 7ft rack one
25watt repeater/transmitter station with two output stages mounted in rack.Three 7/sinch
transmission lines mounted on the tower connected to the antennas. This site is under
ri
i I, ii Ire
CLERK OF CIRCUIff COURT & COMPTROLLER
MONROE AMY HEAV'ILIN, CPA
FLORIDA
frh
DATE:
August 2, 2016
TO: Bob Shillinger,
County Attorney
ATTN: Kathy M Peters, CP
FROM Cheryl Robertson Executive Aide to the Clerk of Court& Comptroller
At the July 20, 2016 Board of County Commissioner's meeting the Board granted approval and
authorized execution of Item R6 Approval of Interlocal Agreement with the School Board of Miami-
Dade County for placement of the WLRN FM translators on the County's Emergency Communications
Towers.
cc: County Attorney (electronic copy)
Finance (electronic copy)
File
500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fax:305-295-3663
3117Overseas Highway,Marathon,FL 33050 Phone:305-289-6027Fax.305-289-6025
88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fox:305-852-7146
FIRST AMENDMENT TO AND PARTIAL TERMINATION OF INTERLOCAL
AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY AND THE SCHOOL BOARD OF MIAMI-DAD,E
COUNTY,FLORIDA
This Amendment is made and entered into this day of 2023, by
and between the Board of County Commissioners of Monroe County,Florida as the legislative
and governing body of Monroe County, Florida, a political subdivision of the State of Florida
("County") and The School Board of Miami-Dade County Florida, a public body corporate
and politic,existing under the laws of the State of Florida,its successors and assigns C'MDSB")
(collectively, the "Parties'), to the.Agreement by and between Parties ("the P r (`Agreement").gree e m n.
RECITALS
WHEREAS Section 163.01, Florida Statutes (Florida Interlocal Cooperation Act of
1969) authorizes public -agencies to enter into Interlocal Agreements for mutual
benefit and
to provide facilities to service the needs of local communities;and
WHEREAS, both the County and the MDSB desire to continue to have certain
communication equipment associated with FM Translator Stations W265BO, Key West,
W277AD Key Colony Beach,W221AY, Islamorada and W206AS,Big Iv
ey ey {"Stations")
placed on several communications towers in Monroe County;and
WHEREAS, the Stations are part of a system designed to provide information to the
citizens of Monroe County in times of emergency, and
WHEREAS, in furtherance of the mutual benefit that the placement of the
communication equipment on the towers would afford the Parties,the Parties entered into:an
Interlocal Agreement on July 20, 2016 (Attachment A); and
WHEREAS,the Interlocal Agreement acknowledged that MDS.B currently maintained
communication equipment on the following towers owned by the County,
is
1) Islamorada.- 100 North Hammock Road; Islamorada, Florida 33036.
2) Grassy Key: 100 Crane Road; Marathon, Florida 33 05 O�.
3) Scout Key (fka, West Summerland Key): 34211 Overseas Highway;Big
Pine Key, Florida 33043.
4) Key West: Sigsbee Naval Station; 800 Maine Street; Key West, Florida
33040; and
WHEREAS, the Interlocal Agreement anticipated that, due to the upgrading,
replacement and maintenance of towers, in some cases the MDSB would be required to
relocate the communication equipment of one or more of the Stations to another tower on a
space available basis or to a newly constructed tower on a space available basis;and
WHEREAS, the Interlocal Agreement expressed the desire of the Parties to maintain
the presence of the Stations on towers in Monroe County, and
WHEREAS, pursuant to the Interlocal Agreement, NMSB acknowledged that the
towers may need to be relocated, rebuilt, maintained or remodeled during the term of the
Agreement and the County and the Monroe County Office of Sheriff(MCS0),which retains:
final decision making authority for communication systems, designs,purchases, training and
maintenance for communication towers under the control of the County pursuant to an
Interlocal Agreement between the County and MCSO,would endeavor to insure that minimal
reasonable interference with the Station's communications occurs during any relocation,
removal,maintenance or remodel of the towers,MDSB farther acknowledged that the County
and MDSB retain the final decision making authority as to the disposition of each tower and
would fully cooperate with any decision rendered by the County and MCSO; and
WHEREAS, Paragraph 11 of the Agreement affords either of the Patties the right to
terminate this Agreement by giving at least sixty(60) days prior notice in writing; and
WHEREAS, Paragraph I of Exhibit A of the Agreement further reflects the
acknowledgement by the Patties that the tower located at 100 North Hammock Road;
Tslamorada, Florida was due to be decommissioned and that the equipment of MDSB was to
be relocated to 88700 Overseas Highway, Plantation Key, Florida and, in fact, was
subsequently relocated thereto; and
WHE RE AS,Paragraph 4 of Exhibit A of the Agreement reflects the acknowledgement
by the Parties that the tower located at Sigsbee Naval Station; 800 Maine Street; Key West,
Florida was under consideration for demolition or relocation,to a presently undetern^dned site;
and
WHEREAS, the State of Florida, Department of Management Services has secured
state funding to demolish the tower located at Sigsbee Naval Station; 800 Maine Street; Key
West,Florida and replace it with a new tower;and
WHEREAS, to facilitate the demohdon of the existing tower located at Sigsbee Naval
Station;800 Maine Street;Key West,Florida and its replacement with a new tower,the County
is in the process of conveying the existing tower and an associated equipment shed located on
a parcel of land designated as Easement N62467-85-RP-00158 (Exhibit "B") granted by the
United States Department of the Navy to the County for such purpose to the State of Florida,
Department of Management Services; and
2
WHEREAS, once the new tower is constructed by the State of Florida, Department
of Management Services, the communication equipment of MDSB on the existing tower
located at Sigsbee Naval Station; 800 Maine Street; Key West, Florida (or comparable
equipment serving the same purpose) will be relocated to the new tower.
NOW THEREFORE, in consideration of the mutual covenants and provisions
contained herein, the patties amend the Agreement as follows:
1. Recital Paragraph 4 is revised to replace the reference in Subparagraph I thereof
from 100 North Hammock Road;Islamorada,Florida to 88700 Overseas Highway,Plantation
Key,Florida.
2. Recital Paragraph 4 is revised to remove Subparagraph 4 thereof as it relates to
the authorization for the:continued presence of the communication equipment of AMSB on
the tower currently located at Sigsbee Naval Station; 800 Maine Street, Key West,Florida,
3. Paragraph 4 of the Agreement is amended to provide as follows:
MDSB shall pay the amount of ONE THOUSAND, TWO
HUNDRED DOLLARS ($1,200.00) for the use of the tower
locations- Payment shall be made on the first day of each month
beginning on the Fir
st day of the first month after the effective
date of this Agreement, as amended on the day of
2023. Beginning on the first anniversary of the
amendment of this Agreement, the monthly fee shall be subject
to increase upon ninety (90) days prior written notice to MDSB
by the COUNTY.
4. Exhibit A of the Agreement is revised to remove Paragraph 4 thereof as it
relates to the authorization for the continued presence of the communication equipment of
MDSB on the tower currently located at Sigsbee Naval Station; 800 Maine Street, Key West,
Florida,
5. Pursuant to Paragraph 11 of the Agreement,the Parties agree that its provisions
are partially terminated as to the authorization for the continued presence of the
communication equipment of MDSB on the to-wet currently located at Sigsbee Naval Station;
800 Maine Street; Key West,Florida.
C. The parties -acknowledge that the disposition of any equipment of MDSB that
remains in the equipment shed associated with the tower currently located at Sigsbee Naval
Station; 800 Maine Street; Key West, Florida is the sole responsibility of MDSB and subject
to whatever arrangements for its retention, disposal or relocation that MDSB may undertake
with the State of Florida in the course of relocating the communication equipment of MDSB
to the new tower renovated or constructed by the State of Florida and located at Sigsbee Naval
a -a
Station in Key West, Florida.
3
6. In all other respects, the Agreement between the Parties, as amended remains
the same and in ffill force and effect,
rrhe remainder of this page intentionally left blank.]
4
In WITNESS WHEREOF, the Parties hereto have executed this First Amendment to the
Agreement on the day and date first written above.
(SL7AL)i BOARD OF COUNTY COMMISSIONERS
Attesta KEVIN PAADOK, Cleric OF MONROE COUNTY,FLORIDA
By- By,mm
As Deputy Clerk Mayor Craig Cates
Date: Date:
MONROE COUNTY ATTORNEYS opp#CIE
APPROVED AS TO FORM
4S81
DATE. A-A7-)A9q
WIINESSES(SCHOOL BOAIUD): THE SCHOOL BOARD: OF MIAMI-DADE
COUNTY,FLORIDA
Sin.4mMl:j
,Jose/Lotres
Pfint Narne: Supe tendent of Schools
'e.
Date: Date�
PtintNarne-.
Date:
g1428
prova
DighIly signed by
Elizabeth L,Soto ftcurement Manager en(
1), ery
Location:Office of Risk Oices 617/2023
and Benefits Management Aj 111-t
Date:2023.06.07 14.57.,20
-04W
5