HomeMy WebLinkAboutItem C09 C9
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor James K.Scholl,District 3
The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2
Craig Cates,District 1
David Rice,District 4
Holly Merrill Raschein,District 5
Board of County Commissioners Meeting
June 18, 2025
Agenda Item Number: C9
2023-4098
BULK ITEM: Yes DEPARTMENT: Fire Rescue
TIME APPROXIMATE: STAFF CONTACT: R.L. Colina
N/A
AGENDA ITEM WORDING: Approval of the 1st Amendment to the 2024 Reimbursement
Agreement between Monroe County and Ocean Reef Volunteer Fire Department, Inc. to add an
incident command vehicle and its accessories to the list of reimbursable expenses, up to a maximum of
$145,000.00, as a carry-over from the now expired 2023 Reimbursement Agreement.
ITEM BACKGROUND:
On July 17, 2024, the County approved the Original 2024 Reimbursement Agreement and adopted
Resolution No. 230-2024 that authorized reimbursement of specified purchases made by ORVFD in
furtherance of firefighting and emergency medical services, and the transfer of any ownership interest
in said property from the County to ORVFD.
Through this 1 st Amendment, the Original 2024 Agreement is amended to add an incident command
vehicle and its accessories; namely a 2024 Ford F250 for a maximum reimbursement total of
$145,000.00, to the list of reimbursable expenses pursuant to the Agreement. This reimbursable
expense was slated for reimbursement under a former agreement dated December 13, 2023, and
subsequently amended on February 19, 2025, which has since expired. ORVFD requests another
opportunity for reimbursement of such expenditure. This 1 st Amendment to the 2024 Reimbursement
Agreement provides the opportunity for reimbursement as long as duly approved paperwork is
submitted no later than November 30, 2027. This Agreement(and its 1st Amendment) is subject to
annual appropriation by the Board of County Commissioners of Monroe County, Florida.
PREVIOUS RELEVANT BOCC ACTION:
2024 Reimbursement Agreement:
On July 17, 2024, BOCC approved agenda item P3 - 2024 Reimbursement Agreement with Ocean Reef
Volunteer Fire Department, Inc.
565
2023 Reimbursement Agreement:
On December 13, 2023, BOCC approved agenda item N6 - 2023 Agreement with Ocean Reef
Volunteer Fire Department, Inc.
On February 19, 2025, BOCC approved agenda item C25 -Amendment No. I to the 2023 Agreement.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
1st Amendment to 2024 Agreement adds the 2024 Ford F25 0 and its associated equipment to the list of
reimbursable expenditures with the deadline of November 30, 2027 and clarifies other aspects of the
agreement.
STAFF RECOMMENDATION: Approve
DOCUMENTATION:
I st Amend to 2024 Reimbursement Agreement w. Ocean Reef Volunteer I'D 02.06.2025 Partially
Signed.pdf
2023 Reimbursement Agreement with Ocean Reef Volunteer FD.pdf
I st Amendment to 2023 Reimbursement Agreement with Ocean Reef Volunteer FD.pdf
2024 Reimbursement Agreement with Ocean Reef Volunteer Fire Department—Purchase of Ambulance
& Equip AIS 2558 P3.pdf
FINANCIAL IMPACT:
Effective Date: 06.02.2025
Expiration Date: Upon completion of objectives
Total Dollar Value of Contract Amendment: $145,000.00 (maximum)
Total Cost to County: $650,800.00 (maximum) through November 2027
Current Year Portion: $153,700.00 (maximum)
Budgeted: Yes
Source of Funds: 304-24003
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: N/A If yes, amount: N/A
Grant: N/A
County Match: N/A
Insurance Required: No
566
1st AMENDMENT TO 2024 AGREEMENT BETWEEN
MONROE COUNTY AND OCEAN REEF VOLUNTEER FIRE DEPARTMENT
THIS FIRST AMENDMENT TO THE REIMBURSEMENT AGREEMENT between
Monroe County, Florida and Ocean Reef Volunteer Fire Department, Inc., dated July 17, 2024
("Original Agreement"), is made this
. day of_jALe%L_, 20_2j5 by and between the
Monroe County,Florida, through the Monroe County Board of County Commissioners, a political
subdivision of the State of Florida (hereinafter "County"), and Ocean Reef Volunteer Fire
Department, Inc., a Florida not-for-profit corporation (hereinafter "ORVFD" OR "FIRE
DEPARTMENT"),both of whom agree as follows:
W I T N E SS
WHEREAS, ORVFD is a Florida not-for-profit, 501(c)(3), corporation having its
principal office at 100 Anchor Drive, Key Largo, FL 33037, that offers the County as-needed
volunteer firefighting and emergency medical services in the unincorporated area of Monroe
County that is commonly referred to as the Ocean Reef Club; 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 tote 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,in AGO 2002-18,the Florida Attorney General opined that a Florida County
may expend public ftinds to assist a county volunteer fire department in making payments on the
purchase of a new fire truck where the county finds that a public purpose is present; and
WHEREAS,Section 212.055(2),Florida Statutes,authorizes the County to levy up to one
(1)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 (5) 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 as 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, when other conditions are
met; and
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567
WHEREAS,on July 17, 2024, the County approved the Original Agreement and adopted
Resolution No. 230-2024 that authorized the expenditure of public funds for the purchase of the
ambulance and equipment set forth therein and the transfer of any ownership interest in said
property from the County to ORVFD; and
WHEREAS, through this I' Amendment, the parties desire to amend the Original
Agreement to add an incident command vehicle and its accessories, to wit: a 2024 Ford F250 for
a maximum total of$145,000.00, to the list of reimbursable expenses pursuant to this Agreement;
and
WHEREAS,the parties acknowledge that the above reimbursable expense was slated for
reimbursement under a former agreement dated December 13, 2023 (the "2023 Agreement")
which has since expired, and in light of that, the parties seek to afford another opportunity for
reimbursement of such expenditure as provided herein; and
WHEREAS, the parties hereby approve the terms and conditions as stated in this Pt
Amendment to the Original Agreement.
NOW, THERFORE IN CONSIDERATION of the mutual consideration and premises
set forth below, the parties hereto agree as follows:
1. The recitations referred to above are true and correct, and are hereby adopted and
incorporated as if set forth in full. The parties seek to describe changes in the Original
Agreement in following ways: 1) words in strike through type are deletions from existing
text,2)words in underline type are additions to existing text,and 3)asterisks(***)indicate
existing text not shown.
2. The parties agree that the term"Interlocal"and any references to Section 163.01,F.S.,that
appear throughout the Original Agreement are hereby deleted.As a substitute for the word
"Interlocal" through the Original Agreement, the parties agree that the word
"Reimbursement"shall appear in each place.
3. The parties desire to amend the Original Agreement, specifically Section 1, "Purpose of
the Interlocal Agreement" to read as follows:
1. PURPOSE OF THE REIMBURSEMENT AGREEMENT:
The purpose of this agreement is to set forth the terms and conditions under which the FIRE
DEPARTMENT will purchase_; a Freightliner M2 Std. Cab with a Custom AEV Type I
Ambulance,Motorola Ambulance Two-Way Radios, Mercury 25EH EFI 4S Motor
with associated equipment, materials and fees, and a 13-15 foot adjustable Aluminum
Rocket Trailer, and an incident command vehicle and its accessories. to wit: a„111024 Ford
F250, and the terms and conditions under which the COUNTY will reimburse the FIRE
DEPARTMENT using infrastructure sales surtax monies.
4. The parties desire to amend the Original Agreement, specifically Section 2, "Purchase of
Items by the District"to read as follows:
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568
2. PURCHASE OF ITEMS BY ORVFDT14E DISTRICT-:
2.1. The FIRE DEPARTMENT will purchase and retain ownership of the personal,
propelVambulanee and equipm purchased under this Agreements and in aeeer mee
with the ^^ „^,,..;,,, the County will adopt a resolution to transfer any ownership
interest COUNTY may have to the FIRE DEPARTMENT.
2.2 The FIRE DEPARTMENT warrants and represents that the Freightliner M2 Std.
Cab with a Custom AEV Type I Ambulance, the Motorola Ambulance Two-Way Radios,
the Mercury 25EH EFI 4S Motor with associated equipment, materials and fees, and the
adjustable Aluminum Rocket Trailer, and the incident command vehicle and its
: a 20114 Ford F250, all have a minimum expected life of at least five(5)
accessories.to wit
years.The FIRE DEPARTMENT will retain ownership of the personal propertyan:ibtilanee
wad of ntiorod equip,., en and will maintain the personal property
aforementioned equip,, e on the FIRE DEPARTMENT'S inventory, and will not sell,
transfer or assign either the assets or title to the assets 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.
5, The parties desire to amend the Original Agreement, specifically Section 3,
"Reimbursement"to read as follows:
3. REIMBURSEMENT:
3.1. After each purchase, 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 11/30/2027. Any requests for
reimbursement submitted after that date will not be honored.
3.3 Any funds not expended in any liven fi�'ear beginning with FY 2025, as shown
below, will be rolled forward and may be used in any subse(Luent fiscal r ear covered by,
, up to the maximum amounts se forth herein., Notwithstanding the
this
ent A reem„ t....
foregoing,all reimbursemen ust be submitted no later than the deadline for final
ruests established maragraph 3.2, hereof The maximum amounts per fiscal year for
reimbursement are as follows:
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569
_ _ ....... ��� _ � 2025 FYI � - 0— _
FY���������� — Y 2027
10/1/2024- 10/1/2025 10/1/2026-
9/30/2025) 9/30/2026 9/30/2027)
��
IncidentCom........_ ...... ...� ...,....,m. .. .....m._ . � ........___
...._ _..
.and Vehicle and $145,000.00
its accessories to wit: a 2024
Ford F250
Mercury 25EH EF".........,.a . n .__ � . ._
I 4S Motor $8,700.00
with associated equipment,
materials and fees and
Adjustable Aluminum Rocket
Trailer _
Freightliner M2 Std. Cab... _
1....... — 1.....r.......m....m.,
g ) $486,000.00
with Custom AEV Type I
Ambulance, 2) $11,100.00
2) Motorola Ambulance
Two-Way Radios
3.4 The request for reimbursement must be signed by an officer of the Ocean Reef
Volunteer Fire Department, Inc. having the authority to bind the corporation. It must be
notarized, and must include the following language:
I_certify that the above amounts have been paid to the vendors as noted and that
the expenses are accurate and in agreement with the records of this organization.
Furthermore, these expenses are in compliance with this organization's contract
with the Monroe County Board of County Commissioners and will not be
submitted for reimbursement to any other funding source.
3.5 This Agreement is subject to annual appropriation by the Board of County
Commissioners of Monroe County, Florida.
6. The parties hereby add the following sections to the end of the agreement, in order to
comply with applicable United States of America, State of Florida, and Monroe County
laws related to contracts:
18. PUBLIC ENTITY CRIMES STATEMENT:
Pursuant to Section 287 133'21(a),Florida Statutes,as amended from time to timq,,, FD
herebv.certifies that neither it nor its affiliate s o n the convicted vendor
list followin a conviction for a public entil y crime., If placed on that list„ ORVFD agrees;
to immediately not the COUNTY and is prohibited from providing„any goods or services
to a tiublic entity it may not submit a bid on a contract with a public entity for the
construction or repair of a rmblic building or .public work, it may not submit bids on leases
of real . pet to a public entilym it may not be awarded or perform work as a contractor
supfalier_,,,,subcontractoi, or consultant under a contract with any public entity$ and it may
not transact business with an afubljgm.entity in excess of the threshold amount provided in
Section 287.017, Florida Statutes for CateggiX TWO $"35,0001, as may be amended, for
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570
a period of thirty-six (36.) months from,the date of being, placed on the convicted vendor
list.
19. FOREIGN GIFTS AND CONTRACTS:
The ORVFD must comfy with an.,alicable disclosure reouirements in Section 286.101
Florida Statutes. Pursuant to Section 286.1011Florida Statutes,"In addition to any,
�7�tb�, ,Florid,,,,,,,
01 l tatutes j, a final order determining a third or
fine assessed under 286.101 7" a Flonda 5
subsequent myiolation by an entity other than a state a ency�or political subdivision must
automatically disqualit� the entity from eli �ibihly for and grant_or contract funded by a
state agency or andohtical subdivision until such ineliibihty is lifted by the
Administration Commission Governor and Cabinet per §14.202 Florida Statutes] for
ood cause."
20. SCRUTINIZED COMPANIES/COUNTRIES OF CONCERN (FSS 287.135.
215.473, & 287,138
ORVFD hereby certifies that it: a") has not been laced on the Scrutinized Companies that
Boycott Israel List, nor i ced on the
Scrutinized ComIames„with Activities in Sudan List nor the Scrutinized Corn anies with
g
Activities in the Iran Terrorism Sectors List iformerl ,,,,the Iran Petroleum Energy Sector
List and ci has not been engaged in business operations in Cuba or Sria, If COUNTY
determines that ORVFD h as falser certified facts under this pararralb, or if ORVFD is
found to have been placed on a list created_pursuant to Section 215.473 w Florida Statutes,
�boycott. . of this Agreement,
as amended„ or is en�a�ed in a of Israel after the execution„m m�
County will have all nAt s and remedies to terminate„this Agreement consistent with
Section 287.135 Flo
rida St
atutes, as aamended.„The CounlT reservesw„all r s is to waive
certain re tirements of this para rash on_a case-by-case exception basis ,Pursuant to
Section 287 1,35 _Florida Statutes, as amended,,,Bea nninn= January 1, 2024, the Count
l_denting
must not enter into a contract that grants access to an individual's persona,,,mm
information_ wWo any Forei� ern such as: P,eo le's Republic of China.. the
t ,, n County o one „
Russianm Federation the Islamic Republic of Iran the Democratic People's Republic of
Korea, the _ ....... o or themm S Arian
Relwubhc, of Cuba. the Venezuelan„ re(jime of Nicolas Madur ,
Arab Republic unless ORVFD provides the County with an maffidavit signed by an
authorized representative penalty l j ', 6� t D does
�resentahve of ORVFD„under enali of aer us� attestor� thamm,ORVFD
criteria in subparagraphs Q2 l a -(c)of Section 287.138,Florida Statutes,
not meet any of the ..
as ma be amended. Beimmn Janu�ay 1,2025the Count must not.extend or renew an
contract that gKa4ts access to an individual's personal identifying information unless
ORVFD providesm the County with an affidavit si med by an authorized rettresentative of
ORVFD,under penalty of pea jug attesting that ORVFD does not meet any of the criteria
in sub iac)hs i2 a c') of Section 287.138, Florida Statutes, as may be amended.
Violations of this Section will result in terminationn of this A a�eement and may result in
„
administrative sanctions and penalties bey the Office of the Attorney General of the State of
Florida.
21. NONCOERCIVE CONDUCT FOR LABOR OR SERVICES:
A„s ma non ov_e_rnmental entil submittmp a l col oral. gxecuting renewing, or extending_a
contract with a government entity,ORVFD is re(luirgd to arovide aa.aff davit under 1.enalty,
of er ut•� � ,
n for labor or services in accordance
�, P � °v attesting that„mORVFD w does not,use coercion
with Section 787.06,Florida Statutes.As an authorized representative of OR)LFD,I certi fy
5
571
use coercion for labor or services as
under t�enalties of t~te�y that ORVFD does not
1 rohibited by Section 787.06.Additionally#ORVFD has reviewed Section 787,.06„ Florida
Statutes, and aarecs to abide by same.
22. PROHIBITED TELECOMMUNICATIONS EQUIPMENT:
ORVFD relresents and certifies that it and its a jjicable subcontractors do not and will
not
�� mmunications ettui mment use an�wec u�i�ment,s stem,or service that uses covered teleco
or servicestechnolo
as a substantial or essential component of any system, or as critical„
as nart of anv,system as such terms are used in„48 C� F 52 204 24 through 52.204 26.
By executin this A�reement, ORVFD represents andm certifies that ORVFD and its
applicable subcontractors must not provide or use such covered telecommunications
e ui i SgL system or services for any scone of work performed for the,County for the
entire duration of thi....
s e ement.,If ORVFD is notified ofany use or provisions, of such
_A��,
covered telecommunications eiluit;ment, sstem, or services b a subcontractor at any tier
or by any other source ORVFD must pEgn: ly report the information in 40 CFR w 5w2.204-
25(d)(2j to County.
23. DISCRIMINATORY VENDOR LIST:
ORVFDm hereby acknowledges its continuous duty to disclose to the„County if ORVFD or
any of its affiliates as defined by Section 287.134 1 aFlorida Statutes, are placed on the
Discriminatory Vendor List.Pursuant to Section 287.134tw2„)ia),Florida Statutes: "An entity
or affiliate who has been :laced„ on the discriminatory vendor list matnot submit a bid,,
proposal, or re? y on a contract to provideany goods or services to a public entity may not
submit a bid proposal, or reol � on a contract with a taubhc entity for thewconstructionmor
rear of a public building: or publicwork-,mmmay not submit„bids, proposals, or re lies on
leases of real t roperty to a lrublicmmentit ; may not be awarded or perform work as a
ontractor sut Iier subcontractor, or consultant under a contract with any public entit ;
and may not transact business with any j ublic entity"
24. COUNTY SUSPENDED VENDOR LIST:
The eligibility of persons to bid for an award of County contract s , or enter into a contract,
ma be.,suspended e Monroe County Code of Ordinances. In
y pursuant ofth
the event an eligibl"erson is suspended by,,the County after the contract.ismmawarded or a,
suspgAded i grson is employed to Derform work (e.y, subcontractor in a bid or contract'
pursuant to a County contract, same shall constitute a material breach of the contract.The
e_._.._i � � � n . liabilityt o the
w.Coup_ ,mwien its sole discretion, may terminate the contract with no further
ORVFD beyond j2ay�ment of the portion of the contract price that may be due for work
satisfactorily coin leted uP on, and hereby reserves all other rights
mm � � to the date of termination,
and remedies available at law or in„eaiuity.
25. ANTITRUST VIOLATIONS- DENIAL OR REVOCATION F.S. 287.137 :
Pursuant to Section 287 137.Florida Statutes as may be amended, a person or an affiliate m
who has been lrlaced on the the antitrust violator vendor list ,,(electronically pu fished and
updated uarterly by the State of Florida)followipg a conviction or being held civilly liable
e...d
for an antitrust violation mad not submit abid�„ml)roposal� or reply for any new contract to
p 1 bid .r�josal,mor rept
rovide any�oo_ds or services to a olic.entit y; may not submit a
for„amnew contract with a„public entity for the construction or repair of a public building„or
l)ublic work; may not submit a bid„ proposal, or reply on new leases of real 121op„elf to a
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572
ppblic entity�Lmqy not be awarded or pqfogn work as a OR FLU sjjj.?j lier.....subcontractor
........................... ...........
or-consultant under a new contract with a ublic enticeand ma not transact new business.
with a grqqpjqqt,ORVFD cert----ifies neither it nor its
—jj ---------- ---aifiiiaie(s) are on the antitrust violator vendor list at the time oi--griterin,1, this Agrpgplot
False certification under this paragraph or being subsequently added to that list will result
in termination of this.,2A&qqMpnt, at the option of the County consistent with Section
287.137,Florida Statutes, as amended.
26. E-VERIFYIEQLIREMENTS.
All Parties acknowledge and confirm compliance with the requirements of§448.
as amended, in relation to utilizing the state-mandated E-ver'f"', 5
................................Xy-_ystqm.
27. FALSE CLAIMS ORDINANCE:
with the County's False Claims Ordinance, codified atSection
2-721 et al,,within the Monroe Couniv Code of Ordinances. Theo q rase es qL1 rights
available to it to recuperate monies paid under this Agrqemqntjnclucfiqg !h tgTj L the right- — -
a claim for violation of the Co ifs False Claims Ordinancq,,ALmq fro
PR y be amended
time to time.
7. This agreement constitutes the entire understanding between OR and the COUNTY
regarding this l't Amendment to the Original Agreement,and all other terms and conditions
of the Original Agreement,not inconsistent herewith, shall remain in full force and effect,
and are incorporated herein.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
(SEAL)
BOARD OF COUNTY COMMISSIONERS
ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY,
FLORIDA
BY .................... ............... ............. By:
As Deputy Clerk Mayor James K. Scholl
Approved as to legal form & sufficiency:
ligilally signed by Eve M.Lewis
Eve M. Lewis D.t.:2025.05.29 11:07:12-04'00' OCEAN REEF VOLUNTEER FIRE
......................................... ........................------------
Eve M. Lewis, Asst. County Attorney DEPARTMENT, INC.
el
By: ...............................
Jul i Pere lxp 4, resi t
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573
574
.......
. �•'�k4b:ce)r9�� "y[[r4 of the Circuit Court
R Comptroller
}ma {W ✓llgp » Monroe
County, Florida
DATE: Dccernhcr 19, `0211
TO: llonlan G astc.si.
County Administrator
Undsey 11 allKard, Aide,
to the C onnt:y Administrator
FROM: l"anacla G 1lancoc
SUBJECT: Dcc cniber 13" BO C'C" Mceting
Att<achcd is an cicctronic copy ol,the following itcin 1'()r your handling:
Nfi lnterlocal Agreement between Monroe County and Ocean Reef Volunteer Fire
Department in order for the County to provide the Fire Department with Funding to purchase a.
powered ambulance cot, powered stair chair, emergency communications systems and the
software necessary to operate those systems, and an incident command vehicle.
Should yoat have any claacst:ic>ns plcase fccl Irce to contract Ine al (30 5) 292-1l5,50.
CC: Comity Attcartxcy
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
575
INTERLOCAL AGREEMENT
MONROE COUNTY AND OCEAN REEF VOLUNTEER FIRE DEPARTMENT
December
THIS INTERLOCAL AGREEMENT is entered into this 13th 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 110 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 the Fire Department
consistent with the provisions of Sections 125.9501-125.9506, Florida Statutes, and the services
of 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, the County finds that a powered ambulance cot, powered stair chair,
emergency communications systems, and the software necessary to operate those systems, and
an incident command vehicle are an integral part of fire protection and emergency medical and
rescue services; and
WHEREAS, the County finds that funding a powered ambulance cot, powered stair
chair, incident command vehicle, emergency communications systems, and the software
necessary to operate those systems, serve a public purpose; and
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576
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 purchase an incident command vehicle,the equipment necessary to properly outfit
the vehicle, emergency communications upgrade equipment and the software necessary to operate
the equipment, a powered ambulance cot and a powered stair chair; and the County will reimburse
the Fire Department using infrastructure sales surtax monies.
2. PURCHASE OF ITEMS BY THE DISTRICT:
2.1. The Fire Department will purchase one 2024 Ford F350 truck and the items/equipment listed
in Exhibit A for equipping this vehicle; AVTEC Scout Upgrade Package for the 911 dispatch
communications system; a powered ambulance cot and a powered stair chair as well as accessories
under this Agreement.
2.2 The Fire Department warrants and represents that this vehicle, the powered ambulance cot,
the powered stair chair and all of the associated accessories has a minimum expected life of five
(5) years. The Fire Department will retain ownership of the vehicle, the powered ambulance cot,
the powered stair chair and all of the associated accessories and will maintain the powered
ambulance cot,the powered stair chair and fire truck on the Fire Department's inventory, and will
not sell, transfer or assign the above listed equipment or title to the above listed equipment 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:
3.1. After purchase of the incident command vehicle, the powered ambulance cot, the powered
stair chair and all of the associated accessories, 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
2
577
that date will not be honored, unless agreeable by both parties in writing, based on extenuating
circumstances.
3.3 The maximum amounts per fiscal year for reimbursement are as follows:
�10/1/2023 9/30/ ..............
... ..-..
FY 2024
......
w.. . .a.a ........ 2024)
AVTEC Scout Upgrade $41,000.00
for 911 Comm. Ctr.
- .... ........
Power Ambulance Cot $80,000.00
and Power Stair Chair
--- _... ....... ...........
Incident Command $145,000.00
Vehicle and Accessories
3.4 The request for reimbursement must be signed by the President of the Ocean Reef Volunteer
Fire Department, Inc. It must be notarized, and must include the following language:
I certify that the above amounts have been paid to the vendors as noted and
that the expenses are accurate and in agreement with the records of this
organization. Furthermore, these expenses are in compliance with this
organization's contract with the Monroe County Board of County
Commissioners and will not be submitted for reimbursement to any other
funding source.
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 party'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
3
578
shall not be deemed a waiver of immunity to the extent of liability coverage,nor shall 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 attorneys 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 this
Agreement would prevent the accomplishment of the original intent of this Agreement. The
County and Fire Department agree to reforin 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.
4
579
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 disability; 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.Vl,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.
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.
5
580
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- ACCESS AND 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 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 (305) 292-3470, Illk°raAl L I,
1II-w iauiri4t prl.onroe o uurmw uPy, c/o Monroe County Attorney's Office, 1111 1211 St., Suite 408,
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 of
the parties hereto may execute this Agreement by singing any such counterpart. Both parties to
6
581
this Agreement warrant that they are authorized by the necessary corporate action to enter into this
Agreement on behalf of their respective entities.
17. TILES®
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 Juan J. Perez, President
1100 Simo,nton Street 110 Anchor Drive
Key West, FL 33040 Key Largo, F1. 33037
18. 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.
19. 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.
The Remainder of this,Page is Intentionally Left Blank
7
582
IN WJJ'NESS WHEREOF,REOF, the parties hereto have wet their hands and seals the day and year
f t,i ctve written.
a � BOARD.I) OFC°C)l.,Ji "C`Y C;(rv)MMI I:()NE'R
T -,VI 3 1v1ADO , Cl-,ERK, OF Mt'NRO COUNTY, FLORIDA
.d I
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eFttaty cl rlc Mayer
0(",E.,AN IEEE �dC�l..,aJ `l;F,l l^IRiM I)EPAR.TME,NT, INC.
By:
Juan i rex,i ac,w��cled r..,
COUNTY OF MONROE
Subscribed and sworn to (car affirmed)before me, by means of l pbysieal presence or D online
2.(YteL fllat�d);Cl CTt1� V i 9 . ° .. d ite)by �. „ .. ..° . .,.:..., �" ...,,.,... .. (name.
......... ..
of axf ant). F-to/Slate is pers()Inally ltc)yvn to t , oi-lzas I.)ro(t-reecl I:)river"s
Lieense
(type of identification) as icfeprifieation,
...�.
NC)TAIDS'l'l..IBJAC, _ ..
My (:'commission Expires
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u'arVpk1urw,u v N 'YJr�w.UWw�AiW wrNW'"^rN�'PR'd' 9rrin"OJf>'mvnva',
t
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par c;wed as to" an vwd lep.d suffirienry
Mon oe(aauanity Attorawy°s df':a
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583
str ker
Quick Quote 8/9/2023 11:31 AM
Quote Number: 10758056
Version: 1
Prepared For: OCEAN REEF VOLNTR FIRE D Rep: Alex Eidson
Attn: Email: alex.eidson@stryker.com
Phone Number-
Service Rep: Marty Liczbinski
Quote Date: 08/09/2023 Email: marty.liczbinski@stryker.com
Expiration Date: 09/08/2023
Contract Start: 08/09/2023
Contract End: 08/08/2024
Delivery Address End User-Shipping Bill To Account
Name: OCEAN REEF VOLNTR FIRE D Name: OCEAN REEF VOLNTR FIRE D Name. OCEAN REEF VOLNTR FIRE D
Account#: 20058066 Account#: 20058066 Account#: 20058066
Address: 110 ANCHOR DR Address: 110 ANCHOR DR Address:
KEY LARGO KEY LARGO
Florida 33037-5260 Florida 33037-5260
Equipment Products:
�! Produc' Descrrptllon U/ Sep/ r"""
1.0 650705550001 6507 POWER PRO 2,HIGH CONFIG PCE 2 $27,021.05 $54,042.10
2.0 650707000002 Lithium-Ion Battery PCE 2 $794.25 $1,588.50
3.0 650700450301 ASSEMBLY,BATTERY CHARGER PCE 1 $1,137.00 $1,137.00
4.0 650700450102 ASSEMBLY,POWER CORD,NORTH AM PCE 1 $25.81 $25.81
5.0 625705550002 6257 XPEDITION HIGH CONFIG PCE 2 $13,645.71 $27,291.42
Equipment Total: $84,084.83
Trade In Credit:
Product Description Q Cry dt Ed. iota recf
TR-SPCOT-PP2 TR-SYK PCOT TO PP2 2 -$2,500.00 -$5,000.00
TR-EVNC-SEC TRADE-IN EVAC+CHAIR CHAIR TOWARDS PURCHASE OF 2 -$250.00 -$500.00
STRYKER EVAC CHAIR
1
Stryker Medical-Accounts Receivable-,a�,r ���i�f°�i< <.¢,i,r IzY,a tiai ¢� a r .Merl,-PO BOX 93308-Chicago,IL 60673-3308
584
str ker
Quick Quote 8/9/2023 11:31 AM
Quote Number: 10758056
Version: 1
Prepared For: OCEAN REEF VOLNTR FIRE D Rep: Alex Eidson
Attn: Email: alex.eidson@stryker.com
Phone Number.
Service Rep: Marty Liczbinski
Quote Date: 08/09/2023 Email: marty.liczbinski@stryker.com
Expiration Date: 09/08/2023
Contract Start: 08/09/2023
Contract End: 08/08/2024
Price Totals:
Estimated Sales Tax(0.000%): $0.00
Freight/Shipping: $806.34
Grand Total: $79,391.17
Prices: In effect for 30 days
Terms: Net 30 Days
Terms and Conditions:
Deal Consummation:This is a quote and not a commitment.This quote is subject to final credit, pricing, and documentation
approval. Legal documentation must be signed before your equipment can be delivered. Documentation will be provided upon
completion of our review process and your selection of a payment schedule. Confidentiality Notice: Recipient will not disclose to
any third party the terms of this quote or any other information, including any pricing or discounts, offered to be provided by
Stryker to Recipient in connection with this quote, without Stryker's prior written approval, except as may be requested by law
or by lawful order of any applicable government agency. A copy of Stryker Medical's terms and conditions can be found at f w�q.ir.__ll
2
Stryker Medical-Accounts Receivable- xi,1,rai y,.n r,i-PO BOX 93308-Chicago,IL 60673-3308
585
! Jerry DlLella Communication Consultant
Industrial 350 N.W. 215th street,N.Miami,FL 33169
C/� . . Tel.800-350-2220 Fax.305-423-3020
ommun/V aeons Cell.954-553-7373
,,,.,
,I am
Address: 110 Anchor Drive,Key Largo 33037 Fax:
Attention: Mr.Michael Ogden
Email: m0gdQn(30cea,rueef.Com Date: 6/22/2023
loom
CONSOLE(OPERATOR)POSITION HARDWARE/SOFTWARE
2 SFW-SCOUT-EX-1Scout EX Console-Tier 2 includes a license for a Scout Enterprise $17,757.00 $35,514.00
Console with Software Audio Package that enables access to Conventional
and Trunked Radios.Includes IRR.Software Key
2 DSNENASOL Enables headset sharing between a Scout Console and NENA 911 Call $1,633.00 $3,266.00
Requires Scout V5.3 or later running Software
Media Workstation.Includes Avtec USB Jackbox.Requires POE
connectivity.Includes bracket and cable.
GATEWAYS an
1 SFW-VPG-MTCP-I,Level 0 VPGate redundant software license for a maximum of 24 $16,553.00 $16,553.00
endpoints; up to 12 may be"B"Licenses; up to 16 may be MOTOTRBO
ConnectPlus,Capacity Plus,CapMax talk groups or private call endpoints.
1 DSOUTHPOSTPL OutpostPlus Kit to add Support for 1 Motorola APX Mobile Endpoint. $1,104.00 $1,104.00
APXMO Includes Lcinse and Cable.
1 OUTPOSTPLUS-2 OutpostPlus Radio Gateway,VOIP,2 Ports,POE,Power Supply Not Inc $2,435.00 $2,435.00
1 OUTPOSTPLUS-C OutpostPlus Configuration Tool.1 Required per Seat $214.00 $214.00
RACKING EQUIPMENT
1 OUTPOSTPLUS-P OutpostPlus PowerSupply,North America $107.00 $107.00
1 OUTPOSTPLUS-S OutpostPlus Rackmount Shelf(Holds 2 Units) $214.00 $214.00
SCOUT-80OPKG-CREDIT
1 SFW-SCOUT-800 SCOUT 800 BASIC PACKAGE WITH LICENCES ($21,497.00) ($21,497.00)
20 j PROGRAMMING,STAGING AND TESTING OF SCOUT EX j $150.00 $3,000.00
4 CPU'S AND MONITORS ARE NOT INCLUDED IN THE PROPOSAL Subtotal $40,910.00
Sales tax Exempt
Total $40,910.00
nowo Service Center
SAFER
BDA/DAS INTEGRATORS BUILDINGS
FCC Re .#.0029219359 coaLlrroN
586
QUOTATION Emergency Vehicles, Inc.
Ocean Reef Public Safety Department
Chief John Flynn
110 Anchor Drive HGAC Price$145,000.00 FOB Lake Park, FL
Key Largo, FL 33037
jflynn@orcareef.com
Quote No: OCEANREEF-0001
06/29/2023 Pagel
FORD F-350 SUPER CAB PICK-UP 11 NUNN I
AE-04-0015 1 2024 FORD F-350 4 X 4 SUPER CAB PICK-UP-6-3/4 BED
GVWR:
-- 11,500 Pounds
WHEELBASE:
— 148"
BUMPER:
Chrome Front Bumper
Chrome Rear Step Bumper
REAR AXLE:
--3.31 Electronic Locking Axle Ratio
BRAKES:
--Four-Wheel Disc Anti-Lock
ENGINE:
6.7L V8 Powerstroke Diesel
475 Horsepower
TRANSMISSION:
--TorqShift 1 -Speed Automatic /Selectable Drive Modes
FUELTANK:
--29-Gallons
ALTERNATOR:
—Dual 41 O-Amps
BATTERIES:
--Dual Heavy Duty 750 CCA
MIRRORS:
Inside Day/Night Feature
Black Outside Mirrors; at , Power-Adjustable, Manual Telescopic
PAINT COLOR:
Race Red Exterior
Medium Dark Slate Interior
ENVIRONMENTAL:
Cab Air Conditioning
Heavy Duty Heater
Windshield Defroster
CAB SEATING:
40/20/40 Split Cloth Bench, 4-Way Adjustable
Driver and Passenger Head Rest
60/40 Folding Bench Rear Seat
CAB TRIM/COLOR:
--XLT Decor Group
TIRES/WHEELS:
LT275/70R X 18E BSW A/T
18" Sparkle Silver Painted Cast Aluminum w/Bright Hub Covers/Center Ornaments
MISCELLANEOUS:
Power Equipment Group
1 -Volt Power/USB Outlets
Headlamps
mmmmj
587
06/29/2023 Page 2
M - EDO=
--LED Pick-up Cargo Box Lighting
--6"Angular Bright Anodized Step Bars
--Tough Bed Spray-In Bedliner
—Front& Rear Wheel Well Liners
--AM/FM//MP3 Stereo with Digital Clock and (7) Speakers
--Power Door Locks with Remote Keyless Entry
-- Interior and Exterior Door Handles
--Carpet Delete: Vinyl Floor Covering
--Class V Trailer Hitch
--Trailer Harness
--Trailer Sway Control
--One(1) Chassis Owner's Manual Booklet
_=PICK-UP I COMMAND VEHICLE__
BA-00-0000 1 CHASSIS PREPARATION-GENERAL 06.01.23
BJ-68-0500 4 CAB WINDOW TINTING-LEGAL
Specify Windows:
--Cab side windows
BK-05-OOLP 1 PICK UP TRUCK CAP-RED
To be an ARE CX HD Series with the following options:
--Aluminum side panel doors, one each side with dual handles
--Heavy duty (solid panel/no window) rear door with single"T"handle
--Dark gray interior
--Heavy duty frame
-- 12 volt LED dome light&dual LED rope lights-switched from rear
--Color to match Ford red chassis code
FF-04-040A 30 FEET OF 4" SCOTCHLITE REFLECTIVE STRIPE
Color:
-- Black
FF-05-020A 30 FEET OF 2"ADDITIONAL SCOTCHLITE REFLECTIVE STRIPE
Color:
--To be imitation gold leaf stripe
FF-20-0507 15 (SQ. FT.)ORALITE RED/LIME CHEVRON STRIPING
FG-20-0001 1 IMITATION GOLD LEAF LETTERING PACKAGE
Color: To be determined
FH-06-3000 2 INSTALLATION OF CUSTOMER'S EMBLEMS
Location:
—Cab doors
FH-20-0015 2 INTERIOR CAB/CREW DOOR REFLECTIVE MATERIAL ON ALUMINUM PLATE
HA-60-0005 1 SLIDE-OUT CUSTOM REAR COMMAND CONSOLE 11,000 POUND CAPACITY TRAY
--The exact layout to be discussed at the pre-construction conference
--To be sprayed with black Raptor coating
IA-05-OS00 1 12-VOLT ELECTRICAL SYSTEM
IA-05-8040 1 SAFETY DISCONNECT
JC-10-0000 1 1—MANUAL COLE HERSEE#284 PADDLE HANDLE CUT-OFF SWITCH
588
06/29/2023 Page 3
IA-06-1000 1 DRIVER'S CONSOLE- FLOOR MOULT
IA-10-0500 1 SWITCH LABEL PACKAGE
IA-12-0551 2 WHELEN #60CREGCS REDIWHITE LED INTERIOR DOME LIGHT(S)W/SWITCH
Location:
--On the inside of the rear lift-up door
IA-12-0560 1 WHELEN #60CREGCS RED/WHITE LED CAB DOME LIGHT(S)W/SWITCH
IA-13-0570 1 PAIR OF AMDOR#AY-LB-12HW012 LUMABAR H2O LED CAB AREA GROUND ILLUMINATION
LIGHTS
IA-13-0600 1 1—GROUND LIGHTS ACTIVATION-CAB DOOR(S)+ ON/OFF SWITCH IN CAB (NFPA)
IC-00-1000 1 BACK-UP ALARM WITH MOMENTARY CUT-OFF SWITCH
IF-00-0400 2 COAXIAL WIRING FOR ANTENNA WITH MOUNTING BASE
Location:
--On roof of cab and to terminate in cab floor console
IF-00-5501 1 12 VOLT WIRING FOR FUTURE CHARGERS/EQUIPMENT-20A
Location:
--Rear command module
IF-00-5600 1 WIRING FOR FUTURE RADIO(S)
-- Includes 12V circuit 20 amp breaker, #12 battery switched red wire and a battery direct ground lug
IH-00-1000 1 12 VOLT OUTLET(S)-CIGARETTE LIGHTER TYPE
Location:
--Rear command module
IJ-01-0000 2 INSTALLATION OF CUSTOMER'S RADIO(S)
JC-00-0015 1 INPOWER#DSP-DCS1 DIGITAL VOLTMETER/AMMETER W/LOW VOLT ALARM &LIGHT
(SINGLE)
JC-20-0200 1 ELECTRONIC THROTTLE DEVICE
Note:
—To be sealed Carling rocker switch with blue indicator light
JC-90-1210 1 KUSSMAUL 1000 PLC ON-BOARD BATTERY CHARGER
JC-90-121 D 1 1—REMOTE OUTDOOR-#091-215-12-194B-WT WATERTIGHT STATUS CT-BLACK COVER
-1000PLC
Auto Charge Location:
--On front interior of pick-up bed
Indicator Location:
--By landline inlet
LB-25-2010 1 -- KUSSMAUL#091-55-15-120 15A SUPER UL INLET W/AUTO-EJECT YELLOW
KB-00-0100 1 XANTREX#806-1802 PROSINE 1800 WATT INVERTER W/TRANSFER RELAY
--To include#808-1800 remote interface kit+ installed on rear command module
LB-16-1500 1 HOUSEHOLD 15 AMP INTERIOR RECEPTACLE(S)-DUPLEX
LB-16-1505 1 HOUSEHOLD 15 AMP INT. RECEPTACLE(S)-DUPLEX W/2 TYPE-A&2 TYPE-C USB
CHARGER
RE-13-1006 1 PAIR CAST SPEAKERS-THROUGH BUMPER I FORD
RF-05-0115 1 WHELEN#295SSA1 FULL FUNCTION SIREN SYSTEM (REMOTE HEAD)
TA-02-0400 1 WHELEN#SSFPOS HEADLIGHT FLASHER
TA-08-0200 1 VANNER#9860GCPE ELECTRONIC LED FLASHER UNIT
589
06/29/2023 Pa e1!!!111 lijill MINI
4
� „
TC-10-OOLP 4 WHIELEN #TLIR ION SURFACE MOUNT SUPER-LED LIGHT(S) I RED/CLEAR LENS
Note:
—To include Whelen#TIONFC chrome flange
TC-14-0022 4 WHELEN OM,
SERIES SUPER-LED WARNING LIGHT(S)-RED-CLEAR LENS-STEADY
BURN
TC-14-0902 4 1—WHELEN#M4FC CHROME FLANGE
TC-17-0022 2 WHELEN#M7RCS SERIES SUPER-LED WARNING LIGHT(S)-RED-CLEAR LENS-STEADY
BURN
TC-17-0902 2 1—WHELEN#M7FC CHROME FLANGE
UA-10-0226 1 WHELEN#TADCTLI TRAFFIC ADVISOR CONTROLLER
UA-10-02LP 1 WHELEN#DTA6A DOMINATOR TIR3 LED TRAFFIC ADVISOR
UB-10-15LP 1 WHELEN#F4N2VLED FREEDOM IV 55" SUPER-LED LIGHT BAR (NFPA)
Includes:
--(1)Whelen#F4TL6 Two-Long Super-LED Takedown Lights
--(2)Whelen#F4DLR Super-LED Lightheads, (1) Long Red/Red Lights
--(2)Whelen#F4DSR Super-LED Lightheads, (1) Short Red/Red Lights
--(2)Whelen#F4A6 Two Super-LED Alley Lights
UB-10-16LP 1 WHELEN#F4MRRRRP MINI FREEDOM IV 22"SUPER-LED LIGHT BAR
Includes:
--(2)Whelen#F4DLR Super-LED Lightheads, (1) Long Red/Red Lights
--(2)Whelen#F4WAR One Super-LED Warning/Alley Lights
UC-00-CABS 2 WHELEN#MKEZ7 PERMANENT LIGHT BAR MOUNTING KIT-CAB ROOF
WA-90-0050 1 BODY MANUFACTURER'S MANUAL(S)
WA-95-0050 1 --WIRING MANUAL(S)
WA-95-0055 1 1—WIRING MANUAL(S)-ELECTRONIC FORMAT
ZA-00-0002 1 CHASSIS RELATED EXPENSES
ZC-00-0002 1 ADMINISTRATIVE
ZC-05-001A 1 -- 12-MONTH/ 12,000 MILE CONVERSION/UPFIT WARRANTY
ZC-05-005B 1 --5-YEAR/60,000 MILE LIMITED ELECTRICAL WARRANTY
ZD-00-000A 1 --FACTORY LIAISON I PROJECT COORDINATOR
ZD-00-000B 1 --ENGINEERING/PRE-CONSTRUCTION REVIEW
ZD-00-000C 1 --IN-HOUSE PRE-DELIVERY I DETAILING I INSPECTION
590
GVS COURTq°
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
DATE: March 4, 2025
TO: Lindsey Ballard
Aide to the County Administrator
John Quinn, Budget Administrator
Office of Management& Budget
FROM: Liz Yongue, Deputy Clerk
SUBJECT: February 19, 2025 BOCC Meeting
The following item has been executed and added to the record:
C25 1 st Amendment to the December 13, 2023 Interlocal Agreement between Monroe
County and Ocean Reef Volunteer Fire Department, Inc. ("2023 ILA") to extend the date by
which reimbursement requests must be submitted and clarify other aspects of the 2023 ILA.
Should you have any questions please feel free to contact me at(305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
591
FIRST AMENDMENT TO INTERLOCAL AGREEMENT
MONROE COUNTY AND OCEAN REEF VOLUNTEER FIRE DEPARTMENT
THIS FIRST AMENDMENT TO INTERLOCAL AGREEMENT is entered into this
19th day of Feb. 2025, 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, at the December 13, 2023 regularly scheduled Board of County
Commissioners meeting the County approved the underlying Interlocal Agreement(ILA)with the
Fire Department wherein the County agreed to provide funding to the Fire Department for the
purchase of a powered ambulance cot,powered stair chair, incident command vehicle, emergency
communications systems, and the software necessary to operate those systems; and
WHEREAS,the ILA required that the reimbursement requests be submitted no later than
September 30, 2024, unless agreeable by both parties in writing, based on extenuating
circumstances; and
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WHEREAS, in order to achieve the intent of the ILA the parties desire to extend the date
by which the reimbursements have to be submitted due to the extenuating circumstances shown
and clarify other aspects of the ILA.
NOW, THERFORE IN CONSIDERATION of the mutual promises and premises set
forth below, deemed sufficient consideration, the parties hereto agree as follows:
SECTION 1. Subparagraph 2.1 of the ILA is hereby superseded and replaced in its entirety with
the below language that reads as follows:
2.1 The Fire Department will purchase one 2024 Ford F250 truck and the items/equipment
required to equip the vehicle; AVTEC Scout Upgrade Package for the 911 dispatch
communications system; a powered ambulance cot and a powered stair chair as well as accessories
under this Agreement.
SECTION 2. Subparagraph 3.2 of the ILA is hereby superseded and replaced in its entirety with
the below language that reads as follows:
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 February 28, 2025. Any requests for reimbursement submitted after that
date will not be honored.
SECTION 3. Subparagraph 3.3 of the ILA is hereby superseded and replaced in its entirety with
the below language that reads as follows:
3.3 The amounts for reimbursement under the instant ILA are as follows:
FY 2024 & FY 2025
10/1/2023-2/28/2025
AVTEC Scout Upgrade $41,000.00
for 911 Comm. Ctr.
Power Ambulance Cot $80,000.00
and Power Stair Chair
Incident Command $145,000.00
Vehicle and
Accessories
SECTION 4. All other provisions of the original ILA dated December 13,2023,not inconsistent
herewith, shall remain in full force and effect.
[SIGNATURES TO FOLLOW]
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593
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
BOARD OF COUNTY COMMISSIONERS
of
I'z ATTtST VIN MADOK,CLERK OF MONROE COUNTY,FLORIDA
d � i
By:
pjAs Deputy Clerk Warnes K. Scholl,Mayor
Appro��vAJed as to legal form&sufficiency:
Eve M. LewiS pate2025A131b1fi47:3 500'
Eve M.Lewis,Assistant County.Attorney
OCEAN REEF VOLUNTEER FIRE
DEPARTMENT,INC.
By:
k n Per64, resident
r
M.
.4 CD
CAI
•�
3
594
GVS COURTq°
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
DATE: July 31, 2024
TO: Lindsey Ballard
Aide to the County Administrator
FROM: Liz Yongue, Deputy Clerk
SUBJECT: July 17, 2024 BOCC Meeting
The following item has been executed and added to the record:
P3 Interlocal Agreement between Monroe County and Ocean Reef Volunteer Fire
Department to provide funding for the purchase of one Mercury 25EH EFI 4S motor with
associated equipment, one adjustable aluminum rocket trailer, one Freightliner M2 standard cab
with custom AEV Type I ambulance, Motorola ambulance two-way radios; and approval of
accompanying Resolution 230-2024 transferring any ownership interest Monroe County has in
any of the foregoing.
Should you have any questions please feel free to contact me at(305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
595
INTERLOCAL AGREEMENT
MONROE COUNTY AND OCEAN REEF VOLUNTEER FIRE DEPARTMETNT
THIS INTERLOCAL AGREEMENT is entered into this l7th day of July, 2024
pursuant to See. 163.01, F.&, by and between Monroe County, a political subdivision of the
State of Florida, (hereafter "COUNTY"), and Ocean Reef Volunteer Fire Department, Inc., a
Florida not-for-profit corporation, its successors and assigns, (hereafter "FIRE
DEPARTMENT").
WHEREAS,the Ocean Reef Volunteer Fire Department, Inc. ("FIRE DEPARTMENr )
is a Florida, not-for-profit corporation having its principal office at 1.00 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 1.25.9501 through 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
WITE REAS, 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, Section 212.055(2), Fla. Stat,, 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, Florida courts and the :Florida Attorney General have recognized that. a
governmental entity, such as the County, inay 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 arid retained by the
governmental entity to assure accomplishment of the public purpose, and
WHEREAS, Florida Attorney General opinion 2002-18 has opined that a Board of
County Commissioners may expend public funds to assist a county volunteer fire department in
making payments on the purchase of a new fire truck where the county finds that, a public
purpose is present; and
WHEREAS, by approving this Agreement, the County approves of the expenditure of
public funds for the purchase of the ambulance and equipment set -forth below in sub-section 3.3
of this Agreement and finds that the provision of fire protection and emergency medical and
rescue services through the FIRE DEPARTMENT serves a public purpose.
NOW, THERFORE IN CONSIDERATION of the mutual consideration and premises
set forth below, the parties hereto agree as follows:
1. PURPOSE OFTHE INTERLOCAL AGREEMENT:
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596
The purpose of this agreement is to set forth the to and conditions under which the FIRE
DEPARTMENT will purchase; a Freightliner M2 Std. Cab with a Custom AEV Type I
Ambulance, Motorola Ambulance Two-Way Radios, Mercury 25EH EF! 4S Motor with
associated equipment, materials and fees, and a 13-15 foot adjustable Aluminum Rocket Trailer
and the terms and conditions under which the COUNTY will reimburse the FIRE
DEPARTMENT using infrastructure sales surtax monies.
2® PURCHASE OF ITEMS BY THE DISTRICT:
2.1. The FIRE DEPARTMENT will. purchase and retain ownership of the ambulance and
equipment purchased under this Agreement and in accordance with the accompanying resolution
to transfer any ownership interest COUNTY may have,
2.2 The FIRE DEPARTMENT warrants and represents that the Freightliner M2 Std. Cab with
a Custom AEV Type I Ambulance, the Motorola Ambulance Two-Way Radios, the Mercury
25EH EF1 4S Motor with associated equipment, materials and fees, and the adjustable
Aluminum Rocket Trailer all have a minimum expected life of at least five (5) years. The FIRE
DEPARTMENT will retain ownership of the ambulance and aforementioned equipment and will
maintain the ambulance and aforementioned equipment on the FIRE DEPARTMENT'S
inventory, and will not sell, transfer or assign either the assets or title to the assets fora 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:
3.L After each purchase, 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 1.1/30/2027. Any requests for reimbursement
submitted after that date will not be honored.
3.3 The maximum amounts per fiscal year for reimbursement are as follows:
FY 2025 FY 2027
(10/l/2024-9/30/2025)
Mercury 25EH EF1 4S Motor with $8,700.00
associated equipment, materials and fees
and Adjustable Aluminum Rocket Trailer
1) Freightliner M2 Std, Cab with Custom 1) $486,000.00
AEV Type I Ambulance,
2) Motorola Ambulance Two-WadRadios 2) $11,,100.100
2
597
3.4 The request for reimbursement must be signed by an officer of the Ocean Reef Volunteer
Fire Department,Inc having the authority to bind the corporation. It must be notarized, and must
include the following language:
I certify that the above amounts have been paid to the vendors as noted and
that the expenses are accurate and in agreement with the records of this
organization. Furthermore, these expenses are in compliance with this
organization's contract with the Monroe County Board of County
Commissioners and will not be submitted for reimbursement to any other
funding source.
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 Notwithstanding any minimum insurance requirements prescribed elsewhere in this
agreement, FIRE DEPARTMENT shall defend, indemnify and hold the COUNTY and the
County's elected and appointed officers and employees harmless from and against (i)any claims,
actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings,
or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty
or business interruption, and (ill) any costs or expenses that may be asserted against, initiated
with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A)
any activity of FIRE DEPARTMENT or any of its employees, agents, contractors or other
invitees during the term of the Agreement, (B) the negligence or recklessness, intentional
wrongful misconduct, errors or omissions, or other wrongful act or omission of FIRE
DEPARTMENT or any of its employees, agents, sub-contractors or other invitees, or (C) FIRE
DEPARTMENTS default in respect of any of the obligations that it undertakes under the terms
the Agreement, except to the extent the claims, actions, causes of action, litigation,proceedings,
costs or expenses arise from the intentional or sole negligent acts or omissions of the County or
any of its employees, agents, contractors or invitees (other than FIRE DEPARTMENT). The
monetary limitation of liability under this contract shall be equal to the dollar value of the
contract and not less than $1 million per occurrence pursuant to Section 725.06, Florida Statutes.
Insofar as the claims, actions, causes of action, litigation,proceedings, costs or expenses relate to
events or circumstances that occur during the term of the Agreement, this provision will survive
the expiration of the term of the Agreement or any earlier termination of the Agreement.
4.2 Notwithstanding the provisions of Sec. 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 govermnent liability insurance
pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor
shall 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.
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598
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.
5.3.1he 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
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.
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 VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits
discrimination on the basis of race, color, religion, sex, or national origin; 2) Title IX of the
Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which
prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as
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599
amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps;4) The Age
Discrimination Act of 1975, as amended (42 USC ss. 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, ss. 523 and 527 (42 USC ss. 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 s. 3601 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
s. 12101), as maybe amended from time to time, relating to nondiscrimination on the basis of
disability; 10) Monroe County Code Ch. 14, Art. IT, which prohibits discrimination on the basis
of race, color, sex, religion, 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.
IL CODE OF ETIHCS:
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 oremployee in violation of Section 3 of
Ordinance No. 010-1990.
2® 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.
® 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.
® 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
of the parties hereto may execute this Agreement by singing any such counterpart. Both parties
tothis Agreement warrant that they are authorized by the necessary corporate action to enter into
this Agreement on behalf of their respective entities.
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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. 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
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.
15. 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 Juan Perez;President
1100 Simonton Street 100 Anchor Drive
Key West,FL 33040 Key Largo,Fl.33037
16. FULL UNDERSTANDING:
This Agreement is the parties' final mutual understanding. It replaces any earlier a .eements or
understandings, whether written or oral. This Agreement cannot be modified or rep�ced ex t -n
in a written amendment duly executed by both parties.
17. EFFECTIVE DATE: PIZ
c- W d
This Agreement will take effect on the date set forth above.
R3
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day ancear=
first aboye written. en r
(SEAL)A`
a 1x
BOARD OF COUNTY COMMISSIONERS
ATTEST KE,VIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
r
By G '�✓ By ���"'� �—
As eputy Clerk Mayor Merrill Raschen
NROE COUNTY AT nNEY
A NOVED FOPAA OCEAN REEF VOLUNTEER FIRE
V •Lc DEPARTMENT, INC:
PED O J.
ASSI UNTY ATR7ANEY Bya
Date. 6/3/24 Jua �, m..___.__...
pere:Z' esident
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