HomeMy WebLinkAbout8. 1st Amendment 06/18/2025 GVS COURTq°
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
DATE: June 24, 2025
TO: Fire Chief RL Colina
Fire Rescue/EMS
Cheri Tamborski
Executive Administrator
FROM: Liz Yongue, Deputy Clerk
SUBJECT: June 18, 2025 BOCC Meeting
The attached item has been executed and added to the record:
C9 1 st 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.
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
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 thisl!tY- day of A e JL j_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
1
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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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:
3
_ _ ....... ��� _ � 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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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
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
6
ublic entity ma n
p of be awarded or perform work as a ORVFD, supplier, subcontractor;
or consultant under a new contract with a public:entity;and may not transact new business
with a public entity. By entering_this Agreement; ORVFD certifies neither it nor its
affiliate(s) are on the antitrust violator vendor list at the time of entering this Agreement.
Fa se certi ication un er t is paragrap or eing su sequent y a e tot at ist wi resu t
in termination of this Agreement at the o tion of the Coun consistent with Section
287.137,Florida:Statutes, as amended.
26. E-VERIFY REQUIREMENTS:
All Parties acknowledge and confirm compliance with the requirements of 448.095,F.S•,
as amended in relation to utilizin the state-mandated E-veri s stem:
27.FALSE CLAIMS ORDINANCE:
ORVFD agrees to.comply with the County's False Claims Ordinance, codified ified at Section
2-721 et al.,within the Monroe County Code of Ordinances.The County reserves all rights
available to it to recuperate monies paid under this Agreement,including the right to pursue
a claim for violation of the Coun 's False Claims Ordinance as ma be amended from
time to time.
7. This agreement constitutes the entire understanding between ORVFD and the COUNTY
regarding this 1st 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 dayand
yy
ear first above written.
,, I..- --(SE L)� , f``+'�;�`!�
,: 'lr:...:,(0: \''-','' �a, \�.4 G . BOARD OF COUNTY COMMISSIONERS
Y 4 J
tt/, , 7,AT E_ •'=IK V N MADOK,CLERK OF MONROE COUNTY, FLORIDA
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stiff 1r r 7. 'Y:s`1f v‘-/"'hel VVYvl°Y.f. By. 1�
Deputy
• p y Clerk ayor James K. Scholl
Approved as to legal form& sufficiency:
EveD gital� si ned Eve M.Lewis
Y 9 by
.M. Lewis iaat::zo�.0.z9„:��n i:::o.
OCEAN REEF VOLUNTEER FIRE
Doi ;,fie M. Lewis, Asst. County.Attorney DEPARTMENT, INC.
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