Resolution 239-2024 RESOLUTION NO. 239 - 2024
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
ACKNOWLEDGING THE RECEIPT OF AN
UNSOLICITED PROPOSAL PURSUANT TO SECTION
255.065, FLORIDA STATUTES, CONCLUDING THAT THE
PROPOSAL MEETS THE CRITERIA SET FORTH IN
SUBSECTION 255.065(3)(c)(1-5), FLORIDA STATUTES,
CONCLUDING THAT THE PROPOSAL IS IN THE
PUBLIC INTEREST PURSUANT TO SUBSECTION
255.065(3)(f), FLORIDA STATUTES AND APPROVING THE
COMPREHENSIVE AGREEMENT IN ACCORDANCE
WITH SUBSECTION 255.065(7), FLORIDA STATUTES
WHEREAS, Section 255.065,Florida Statutes has established a process whereby responsible
public entities, as defined in Subsection 255.065(1)0), Florida Statutes may receive and consider
unsolicited proposals from private entities,as defined in Subsection 255.065(1)(g), Florida Statutes,to
construct, improve, renovate, expand, equip, maintain, operate, implement or install qualifying
pro)ects, as defined in Subsection 255.065(1)(i), Florida Statutes serving a public purpose including
public infrastructure and governmental facilities; and
WHEREAS, Monroe County constitutes a public entity as defined by Subsection
255.065(1)()), Florida Statutes; and
WHEREAS, Fortress Secured,LLC (Fortress Secured) constitutes a private entity as defined
by Subsection 255.065(1)(g), Florida Statutes; and
WHEREAS, on or about April 1, 2022, Fortress Secured submitted an unsolicited proposal
to construct a new fire station at the current site of the Sugarloaf Volunteer Fire Department fire
station located at 17175 Overseas Highway; Sugarloaf Key, Florida 33042; and
WHEREAS, on April 20, 2022, the Monroe County Board of County Commissioners
determined that the proposal of Fortress Secured possessed merit and directed staff to advertise the
proposal pursuant to Subsection 255.065(3)(b), Florida Statutes for a period of forty-five (45) days to
determine whether there were any competing proposals; and
WHEREAS, on May 10,2022,Monroe County placed a notice in the Florida Administrative
Register, on May 12, 2022, Monroe County placed a notice in Keys Weekly and, on May 13, 2022,
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 June
28,2022.
WHEREAS, on May 19, 2022, Monroe County placed a second notice in Keys Weekly and,
on May 20, 2022, Monroe County placed second 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, but no competing proposals were received by the June 28,2022, deadline; and
WHEREAS, on July 20, 2022, the Monroe County Board of County Commissioners
authorized Assistant County Administrator Kevin Wilson to negotiate interim and comprehensive
agreements with Fortress Secured to design,build,and finance a replacement fire station on Sugarloaf
Key at the current location of the Sugarloaf Volunteer Fire Department Station #10; and
WHEREAS, on January 18, 2023, the Monroe County Board of County Commissioners
approved the interim agreement between Monroe County and Fortress Secured providing for the
design and proposed financing structure applicable to designated points in the design process and
granted approval for the County Administrator to execute the agreement; and
WHEREAS, since the approval of the interim agreement by the Monroe County Board of
County Commissioners, Fortress Secured has undertaken the design of the replacement fire station
on Sugarloaf Key; and
WHEREAS, since the approval of the interim agreement by the Monroe County Board of
County Commissioners, the parties have negotiated a comprehensive agreement that will govern the
construction of the replacement fire station; and
WHEREAS, effective July 1,2024,the Florida Legislature enacted Chapter 2024-96,Laws of
Florida; and
WHEREAS, Chapter 2024-96, Laws of Florida amended Subsection 255.065(3)(c), Florida
Statutes to provide that a public entity may proceed with an unsolicited proposal for a qualifying
project without engaging in a public bidding process if the responsible public entity holds a duly
noticed public meeting at which the proposal is presented and affected public entities and members
of the public are able to provide comment and at a second duly noticed public meeting determines
that the proposal is in the public's interest; and
WHEREAS, on July 16, 2024, the Monroe County Board of County Commissioners held a
duly noticed public meeting at which the proposal was presented, and affected public entities and
members of the public were able to provide comment; and
WHEREAS, on July 17, 2024, the Monroe County Board of County Commissioners held a
duly noticed public meeting at which it considered whether the proposal was in the public interest
based on the criteria set forth in Subsection 255.065(3)(c), Florida Statutes, as amended by Chapter
2024-96,Laws of Florida.
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NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY AS FOLLOWS:
Section 1: Recitals. The recitations set forth above are hereby incorporated by reference
herein.
Section 2: The unsolicited proposal to construct a new fire station at the current site of
the Sugarloaf Volunteer Fire Department fire station located at 17175 Overseas Highway; Sugarloaf
Key, Florida 33042 constitutes a "qualifying project" as that term is defined in Subsection
255.065(1)(i), Florida Statutes.
Section 3: In accordance with Subsection 255.065(3)(c), Florida Statutes, as amended by
Chapter 2024-96, Laws of Florida, the Board of County Commissioners of Monroe County finds as
follows:
• Pursuant to Subsection 255.065(3)(c)(1), Florida Statutes, that the project benefits the
public by enhancing fire protection and emergency services to the citizens on Monroe
County.
• Pursuant to Subsection 255.065(3)(c)(2), Florida Statutes, that the financial structure
and economic efficiencies achieved by the proposal are beneficial to the public
inasmuch as no costs of the project will be incurred by Monroe County until the
commencement of construction and the project contains a fixed price with limited
bases for cost increases.
• Pursuant to Subsection 255.065(3)(c)(3), Florida Statutes, that Fortress Secured
possesses the qualifications, experience and ability to perform the project inasmuch as
Fortress Secured was formed on December 4,2019 as a Limited Liability Company,is
affiliated with Summit Construction Management Group, LLC, a Limited Liability
Company formed on August 21,2009 whose principals have completed more than 15
million square feet of development- primarily in the State of Florida. Specifically,
Summit Construction Management Group, LLC has completed projects in Miami-
Dade County and Monroe County.The focus of Fortress Secured is upon public safety
projects and it has obtained insurance and bonding commitments for the current
project.
• Pursuant to Subsection 255.065(3)(c)(4), Florida Statutes, the project is compatible
with the regional infrastructure plans of Monroe County inasmuch as it will replace
one of nine fire stations currently operated in the county and will contribute to the
enhancement of the responsiveness of the Monroe County Fire Rescue Department.
• Pursuant to Subsection 255.065(3)(c)(5), Florida Statutes, the Board of County
Commissioners of Monroe County afforded affected public entities and members of
the public the opportunity to submit comments on the proposal. No comments were
submitted.
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Section 4: The new fire station to be constructed at the current site of the Sugarloaf
Volunteer Fire Department fire station located at 17175 Overseas Highway; Sugarloaf Key, Florida
33042 and resulting from the unsolicited proposal will constitute a facility the ownership of which will
be conveyed to Monroe County in accordance with Subsection 255.065(3)(f)(2), Florida Statutes, as
amended by Chapter 2024-96,Laws of Florida.
Section 5: In accordance with Subsection 255.065(3)(f)(3), Florida Statutes, as amended
by Chapter 2024-96, Laws of Florida, the Board of County Commissioners of Monroe County finds
that adequate safeguards are in place to ensure that additional costs or service disruptions will not be
imposed on the public in the event of a material default by Fortress Secured or cancellation of the
comprehensive agreement by Monroe County inasmuch as the agreement provides that Fortress
Secured maintain insurance and secure performance and payment bonds to assure the continued
progress of the project. Additionally, the agreement provides for the remedy of damages in the event
of default by Fortress Secured. Furthermore, any service disruptions during construction of the new
fire station on the site of the Sugarloaf Volunteer Fire Department fire station located at 17175
Overseas Highway; Sugarloaf Key, Florida will be alleviated by the construction of a temporary fire
station on Sugarloaf Key to maintain uninterrupted fire and emergency services during the progress
of the project.
Section 6: In accordance with Subsection 255.065(3)(f)(4), Florida Statutes, as amended
by Chapter 2024-96, Laws of Florida, the Board of County Commissioners of Monroe County finds
that adequate safeguards are in place to ensure that Monroe County or Fortress Secured has the
opportunity to add capacity to the project or other facilities serving similar predominantly public
purposes inasmuch as the new fire station will constitute a modern facility capable of accommodating
contemporary firefighting and emergency services equipment and will increase the overall capacity of
the facility compared to the antiquated station that it will replace. Additionally, the plans for the new
station include accommodation for the construction of a cellular tower to enhance cellular coverage
to the general public.
Section 7: In accordance with Subsection 255.065(5)(e)(1), Florida Statutes, the Board of
County Commissioners of Monroe County finds that there is a public need for or benefit derived
from the project proposed by Fortress Secured inasmuch as the project will result in the replacement
of an antiquated station with a modern facility suited to the delivery of contemporary firefighting and
emergency services.
Section 8: In accordance with Subsection 255.065(5)(e)(2), Florida Statutes, the Board of
County Commissioners of Monroe County finds that the cost of the facility being constructed is
reasonable in relation to similar facilities constructed in the county taking into consideration the recent
general increase in the cost of construction and the need for the construction of a temporary facility
while construction of the new facility proceeds.
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Section 9: In accordance with Subsection 255.065(5)(e)(3),Florida Statutes,the Board of
County Commissioners of Monroe County finds that the plans of Fortress Secured for the new fire
station will result in the timely acquisition, design and construction of the project inasmuch as the
designg thereof is largely completed, the structure of the development resolves underlying litigation
Y g p � underlying g
between the Sugarloaf Volunteer Fire Department and Sugarloaf Wi-Fi, Incorporated to permit
acquisition of the site'by Monroe County from the Sugarloaf Volunteer Fire Department for
construction of the fire station and facilitates the construction of a modern facility for the delivery of.
firefighting and emergency services in a much more timely manner than traditional project delivery
methods.
Section 10: In accordance with Subsection 255.065(7), Florida Statutes and based on the
foregoing, the Board of. County Commissioners of Monroe County hereby approves the
comprehensive agreement that will govern the construction of the replacement fire station at 17175
Overseas Highway; u Sugarloaf Key,Florida 33042.
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Section 11: The Board of County Commissioners of Monroe County hereby authorizes
the execution of the comprehensive agreement by the Mayor;and
Section 12: Effective Date.This Resolution shall become effective upon adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting of said Board on the 17th day of July ,2024.
Mayor Holly Merrill Raschein Yes
Mayor Pro Tem James K.Scholl Yes c,;, 0,,,,' —71.-
Commissioner Craig Cates
g Absent ;: (...,
Commissioner Michele Lincoln Yes ;'F
Commissioner David Rice. Yes '
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"'.-,.,.,..," •rd t. _f P BOARD OF COUNTY COMMISSIONERS
Attest KF,VIN MA �D- K, Clerk OF MONROE COUNTY,FLORIDA
By: fj
00(1 By:
Deputy Clerk
Mayor
MONROE COUNTY ATTORNEY'S OFFICE
APPROVED AS TO FORM
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-_________P)SSIST.4NT COUNTY ATTORNEY
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5 DATE: 7-16-2024