HomeMy WebLinkAboutItem C13 COUNTY of MONROE BOARD OF COUNTY COMMISSIONERS
� Mayor Michelle Lincoln,District 2
The Florida Keys Mayor Pro Tem David Rice,District 4
y Craig Cates,District 1
James K. Scholl,District 3
� «
Holly Merrill Raschein,District 5
Regular Meeting
April 15, 2026
Agenda Item Number: C13
26-0750
BULK ITEM: Yes DEPARTMENT: Fire Rescue
TIME APPROXIMATE: N/A STAFF CONTACT: R.L. Colina, Fire Chief
AGENDA ITEM WORDING: Approval of the 2nd Amendment to the 2024 Reimbursement
Agreement between Monroe County and Ocean Reef Volunteer Fire Department, Inc. to add
"MedFlex 2000" Automated Dispensing Cabinets, a Portable Fire Pump, and a 200 kW Diesel Driven
Generator to the list of reimbursable expenses, up to a maximum of$142,803.00.
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.
On June 18, 2025, the County approved the 1 st Amendment to the 2024 Reimbursement
Agreement and adopted Resolution No. 221-2025 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 2nd Amendment to the 2024 Reimbursement Agreement, the parties have agreed to
add "MedFlex 2000" Automated Dispensing Cabinets, a Portable Fire Pump, and a 200 kW Diesel
Driven Generator for a maximum reimbursement total of$142,803.00 earmarked within the
FY2026 budget and subject to carry over, to the list of reimbursable expenses pursuant to the terms
and conditions of the agreement. The 2024 Reimbursement Agreement, as amended by the 1 st
Amendment and this 2nd Amendment, are subject to annual appropriation by the Board of County
Commissioners of Monroe County, Florida.
PREVIOUS RELEVANT BOCC ACTION:
On June 18, 2025, BOCC approved agenda item C9—Approval of the 1st Amendment to the 2024
Reimbursement Agreement with Ocean Reef Volunteer Fire Department, Inc.
On July 17, 2024, BOCC approved agenda item P3 —Approval of the 2024 Reimbursement
Agreement with Ocean Reef Volunteer Fire Department, Inc.
INSURANCE REQUIRED: No
CONTRACT/AGREEMENT CHANGES: 2nd Amendment to 2024 Reimbursement Agreement
adds "MedFlex 2000" Automated Dispensing Cabinets, a Portable Fire Pump, and a 200 kW Diesel
Driven Generator to the list of reimbursable expenditures.
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
2nd Amendment to 2024 Reimbursement Agreement- Partially Signed Version.pdf
Is'Amendment to 2024 Reimbursement Agreement(6/18/25)
2024 Reimbursement Agreement(7/17/24)
FINANCIAL IMPACT:
Effective Date: 04.152026 (2ndAmendment)
Expiration Date: 11.30.2027
Total Dollar Value of Contract: $142,803.00 (maximum) (2ndAmendment)
Total Cost to County: $793,603.00 (maximum) October 1, 2024 through November 30, 2027
Current Year Portion: $142,803.00 (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
13. Approval of the 2nd Amendmentto the 2024 Reimbursemente roe
Countyean ReefVolunteer Fire Department, Inc. t Flex "
Automated is sinCabinets, a Portable Fire Pump, and a 200 kW Diesel Driven
Generatorto the list of reimbursableexpenses, up to a maximum1 , . .
2nd AMENDMENT TO 2024 REIMBURSEMENT AGREEMENT
BETWEEN
MONROE COUNTY AND OCEAN REEF VOLUNTEER FIRE DEPARTMENT, INC.
THIS SECOND AMENDMENT TO THE REIMBURSEMENT AGREEMENT is
made this day of , 20 by and between 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"), and hereby modifies the
Original Agreement between the parties dated July 17, 2024 ("Original Agreement"), and the 1"
Amendment thereto dated June 18, 2025 ("1"Amendment"); and said parties agree as follows:
W I T N E SSETH:
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
voluntarily 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 voluntary services of
firefighters and emergency medical service providers are essential to the health,safety,and welfare
of the residents and visitors of 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 various Florida Attorney Generals 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 county in
Florida 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, 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
1
purposes,proceeds for any public purpose other than for infrastructure
met, and such conditions have been met; and
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 when other condi'ti'ons are
and
WHEREAS, on June 18, 2025, the County approved the 1" Amendment to the
Reimbursement Agreement and adopted Resolution No.221-2025 that authorized the expenditure
of public funds for the purchase an 'Incident command vehicle and its accessories, to wit: a 2024
Ford F250 for a maximum total of$145,000.00; and
WHEREAS, the parties acknowledge that the state Legislature has recognized that the
provision of fire protection services constitutes a public purpose and has specifically authorized a
county to provide such services pursuant to Section 125.01(l)(d), Fla. Stat.; and
WHEREAS,if ORVFD was not present to provide fire protection and emergency medical
services in the Ocean Reef Club, the County would need to explore other service options within
that region to avoid any gaps in those lifesaving r ® r
services;
WHEREAS, it follows that the County Commission hereby finds and determines that
supporting ORVFD through reimbursement of its expenses serves a valid public purpose, and
proper safeguards are implemented to assure accomplishment of the public purpose by ORVFD-
and
and
WHEREAS, the parties hereby approve the terms and conditions as stated 'in this 2nd
Amendment to the Reimbursement Agreement.
NOW, THERFORE IN CONSIDERATION of the mutual consideration and premises
set forth below,the parties hereto agree as follows.-
I. 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
Reimbursement 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 desire to amend the Reimbursement Agreement, specifically Section 1,
"Purpose of the Reimbursement Agreement"to read as follows:
1. PURPOSE OF THE REIMBURSEMENT AGREEMENT,
The purpose of thi's 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 EF1 4S Motor with
associated equipment, materials and fees, a 13-15 foot adjustable Aluminum Rocket
Trailer, *ffd an incident command vehicle and its accessories, to wit: a 2024 Ford F250,
and"Medflex 2000"Automated Dis 9 Cab'nets,a Portable Fire Pump 200 kw
"PurchaseDiesel Driven Generator i ions under which the COUNTY will
and the terms and cond't*
reimburse the FIRE DEPARTMENT using infrastructure sales surtax monies.
3. The parties desire to amend the Reimbursement Agreement, specifically Section 2,
Radios,2. PURCHASE OF ITEMS BY ORVFD,
2.1. The FIRE DEPARTMENT will purchase and retain ownership of the personal
property purchased under this Agreement;and 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
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
accessories,to wit: a 2024 Ford F250, all have a minimum expected life of at least five(5)
years. Additionalt,� the FIRE DEPARTMENT warrants and represents that the "'Medflex
2000" Automated D's ab"ne rtable Fire PumD, and 200 kw Diesel Driven
Generator will directly -1 1
such,'Protection and emeLvencv medical services for the Ocean Reef Club and as
010-2022, and/or each item has a minimum ex- ected life of at least five
gi
The
FIRE DEPARTMENT will retain ownership of the personal property and will maintain the
personal property on the FIRE DEPARTMENTS inventory, and will not sell, transfer or
*ther the assets or title to the assets for a minimum of five (5) years from the date
assign el
of execution of this Agreement, or the date of °h
.,.,,,§M12�equent amendment hereto,
® a r
whichever occurs latest in
r without the pri"or express written consent of the COUNTY.
Information2.3 In purchasing these items,the FIRE DEPARTMENT will follow Monroe County's
Purchasing Policy with respect to the need for competitive procurement.
4. The parties desire to amend the Reimbursement 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
'tem'zed'nvoice in accordance w*th the Florida Local Government Prompt Payment
Act. The invoice shall be properly dated, describing the equi ment purchased (including
the make,model,and VIN number if applicable),the cost of the equipment and installation,
i receipt
reimbursement must be submitted no later than 11/30/2027. Any requests for
reimbursement submitted after that date will not be honored.
0
3.3 Any funds not expended in any given fiscal year beginning with FY 2025, as shown
below, will be rolled forward and may be used in any subsequent fiscal year covered by
this Agreement, up to the maximum amounts set forth herein. Notwithstanding the
foregoing, all reimbursement requests must be submitted no later than the deadline for final
requests established in paragrapn 3.2. hereof. The maximum amounts per fiscal year for
reimbursement are as follows.-
FY 2025 FY 2026 ' FY 2027
(10/l/2024-9/30/2025) (10/l/2025-9/30/2026) (10/l/2026-9/30/2027)
.......... ......... ...... ........J
Incident Command Vehicle $145,000.00
and its accessories,, to wit: a
2024 Ford F250
Mercury 25EH EFI 4S $8700.00
Motor with associated
equipment, materials and
fees and Adjustable
Aluminum Rocket Trailer
ooso"'� — .... ...........
1) Freightliner M2 Std. 1 $4863000.00
Cab with Custom AEV
Type I Ambulance, 2) $1 L 100.00
2) Motorola
Ambulance Two-Way
Radios
"Medflex 2000"
D L51.1638
Automated spensin
,Cabinets 21 $11.500
2J_!!Qrtable Fire Pump and
$79,665
kw Diesel Driven
Generator
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 Notwithstanding.......an thin contained in this AgLeem.ent to the contrary,
the
Plurchases made by ORFVD- are made sojely_,within the discretion of ORVFD in the
4
a
p and as such, ORVFD
®bears the sole resvoInsibili'lar and burden of In the ComiyiLmk
discretion, the Coutill--p2�!yr- 0 r s
reimbursement
_Kgject any
'CounY y
A&reement. Nothing contained herein in be construed as,,a vIedge of 1,,2ubl' redit nor a
c.
commitment of the County's V"th the terms and conditions of this
, mwer., nor AgLeement be construed as
w`
Lgfgny 1,111rol
annual appropriation by the Board of County Commissioners of Monroe County, Florida.,
5. The parties desire to amend the Reimbursement Agreement, specifically Section 13,
"Public Access"by deleting and superseding, described herein. This Agreement is subject to
it 'in its entirety, and adding language to read
as follows:
Is
13. 'PUBLIC RECORDS.
Count,�.
as amended from time
to time. To the extent ORVFD is acti behalf of the ,.,,
,__j,2,,ursuant to Section
® ,
pqubnlfik.�ds laws in accordance with Chapter 119 Florida Statutes. In accordance with
as amended from time to tiMLORVFD must cowl, owith all
state lgw,,,QR`vTD,jgLees to-
a Keev and maintain all records that ordinarily and necessarih,e would be reg,,uired b,v
the Cou
nty in order to
,,perform the services.
b Upon rg�(,,Luest from the
's custodi'an..,of rmblic records, provide the County
df"
,..J
w*th a calyof the re records or allow the records to be dorc.
i in a reasonable time at a cost that does not exceed the NA
L19,Florida w
C Ensure that ic records that are exemp r confidential and blo
P.Uhl, m, ic.
records disclosure are no"t disclosed exce, 1horized bv law for the duration of
efion of the
Reimbursement Agreement 'if the ORVFD does not transfer the records to the
d At the conclusion of this Reimbursement Agleement, and at no cost to the CountL�,
and maintain public records required b�,�the C�gWay.,ja
Ifthe
ORVFD transfers all public records to the Counly upon poM,p etion of the services,,
the ORVFD must destrov any-.Lu,,Elicate...,,j2,11,h,,I,*ic records that are exgm,L,,,t or
confidential and exem from public records disclosure re D
Pt g1lirements. If the
ORVFDIIIkepj,)s and maintains,Vublic. record,s upon comml,etion of the senjces, the
,2b ic. records. All
records stored electronicallv must be vroviaded to the® �
,uL A from the
County',s,,-custodian of public. record,§,,,,,,,,,,i*n a format that 'i's compatible with the
inforination techno!2 ,,,,sYy stems of the Countj%
FK
CHAPTER 119,FLORIDA STATUTES,,TO ORVFD'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS AGREEMENT
CONTACT THE
COUNTY'S CUSTODIAN OF PUBLIC RECORDS AT,; MONROE COUNTY
IBMW
IF ORVFD HAS ,,,.Q.UESTIONS REGARDING THE APPLICATION OF
ATTORNEY'S OFFICE 1111 12TH STREET IJITE 408 KEY EST FL
33040 EMAIL: ('ii J T -]F g I OR
I r,.
i, .._. ��w"��:V: wr�������w�,u:������wi�wi�� www���::: .... wro�w ...... !w!w uoioioioimioumiouoomrcmimimimimimi�uoioioiorcmimimimimieimieimimimimimmrcmmrcaw,w,w,wrarararrrrr�r�r�r�rmr�w _. .. '....yyyyyyyi�i�i�immiin»x�m�mmrmmimmim. V
PHONE: 305-292-3470.
If ORVFD does not comply with this section the CountI""!, will enforce the Agreement
r
Provisions in accordance herewith and may unilaterally cancel this A„yreement in
accordance with state law.
6. This agreement constitutes the entire understanding between ORVFD and the COUNTY
regarding this 2nd Amendment to the Reimbursement Agreement, and all other terms and
conditions of the Reimbursement 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 MADOI , CLERK OF MONROE COUNTY, FLORIDA
By................................. .................«««««<-- ............. By: .w »»»»»»»»> � �J.
As Deputy Clerk Mayor Michelle Lincoln
Approved as to legal form & sufficiency:
Eve M. Lewis oate20signed by�:3 GO'
Eire M.Lewis, Asst. County Attorney
OCEAN REEF VOLUNTEER FIRE
DEPARTMENT, INC.
By-
........
d
J 11 I" ere , etft
KATHE E JACKSON
Cow 0 HIM 343278
of Expi 20,2026
°I ail III .Ilq IIl lli d I� U„ u� ��
uV IIIII imul��
�I" I�Iu,iwu � ui„,i,iiwu ull 'iI mVulllll�' iiiiiV�
u'
6
�G3 o couRr�
Kevin Madok, CPA
Lij
�o ......... f� Clerk of the Circuit Court& Comptroller Monroe County, Florida
ti40Z coo
N-1
DATE: June 24, 2025
TO: Fire Chief RL Coina
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:
Cg 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.
c c: 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
(
a -"Original Agreement"), is made i usI 8tday of 20 by and betw-een the
Monroe County,Florida, through the Monroe County Board of County Commi.ssioners, 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:
WITNESSETH.
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 wel-fare of the residents of and visitors to Monroe
County; and
WHEREAS,the Florida Legislature,as specified in Section 1® 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 Attom.ey 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 gova
entity to assure accomplishment of the public purpose; anu
WHEREAS,in AGO 2002-18,the Florida Attorney General opined that a Florida County
may expeDd 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,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 constraction 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%oft infrastructure sales surtax
proceeds for any public purpose other than for infrastnicture purposes, when other conditions are
met'; and
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 1' 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 strife 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, a 13-15 foot adjustable Aluminum
Rocket Trailer and an incident command vehicle and its accessories. to wit: a 2024 Ford
..............
rvrv..... ����......
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:
2
2. PURCHASE OF ITEMS BY ORVFD .
.
2.1. The FIRE DEPARTMENT will purchase and retain ownership of the Iernal
roe purchased under this Agreements and
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, the
adjustable Aluminum Rocket Trailer, and the incident command vehicle and its
accessories.,to wit: a 2024 Ford F254, all have a minimum expected life of at least five(5)
x.... .......................................... ,,,,,,,,....................................... »»».�
years.The FIRE DEPARTMENT will retain ownership of the personal ro ert
and and will maintain the personal oropertya*&J an o e :141 a
equinment 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 Apy_funds not ex ended in any, ivn fiscal year be, inning with FY 2025.ry,..�,, shown
�, .�___e as
below, will be rolled forward and may,be,used in any subsequent,fiscal year covered h ..
this A .reement.� a to the maximum amounts set forth herein. Notwithstanding e
L.......... ���������� ��.....w.ww...,.w, ............. ..............������mmw,. , .v
f0_Pq"'1_yoiA.all reimbursement rep:nests must be submitted no,,,,,1ater than the deadline for final
re mests established in ara rah 3.2 hereof. The maximum amounts per fiscal year for
reimbursement are as follows:
3
............................„,,..,.,.,.,,,.,.,.,.,....... ....... ......., W..W... _ .,..,...
FY 2025 FY 2026 FY 2027
(10/1/2024- 1 01 l 12025rv- (10/l/2026
9/30/2025) 9/30/2026 9/30/2027)
Incident Command Vehicle and $145,000.0
its accessories to wit: a 2024
............. my rrrrrr .
flolrdF250
Mercury 25EH EFI 4S Motor 8 700.00
with associated equipment,
materials and fees and
Adjustable Aluminum Rocket
Trailer
.......................
1 Freightliner M2 Std. Cab 1 $486,5000.00
with Custom AEV Type I
Ambulance, 2) $11,100.00
2} Motorola Ambulance
Two-ways Radios _______,._................................... ,. ,..WW,
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 subj ect 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 287.1„3rv3'2 a),Florida Statutes,. as amended from time to time, ORVFI
hereby.certifies that neither it nor its affiliates have been placed o,n the,c,onvicted vendor
list following a conviction for a public ggfity cnme. If jilaced on that list.. ORVFD agrees:
to immediatel noti the COUNTY and is�rohibited from rovlding anyloods or services
to a ,ubl c enti t rrla�nit»»subrnYt a bid on a contract with a �l,ublic enti or......t�������e
construction or repair of a public building gr ublic,,,,,APrk; it ma not submit bids on leases
of real pro e to a ublic entl� �t may not be awarded or perform work as a contractor
.. pA ,�,...,Y.,..r ,,u,,,,,,, m .
w� mmm m.ry.................... Y,
sulpller�subcontractar or consultant under a contract,with any y, ublic entity, and it mad
� .. , , ...........,rvry, ., .., _ ww.....«...........
not transact business with an ubfic entity in excess of the threshold amount-Provided in
Section 287.017, Florida Statutes,, for Cate T $35,-000)., as may, be amended for
4
a ,)enod of thirt,� -six 3 6 months from the date of being, ,Li laced on the convicted vendor
............................................................................. m w �.... rr ...rrr. .. u.... �.....uuu ..........w.w,....
list.
19. FOREIGN GIFTS AND CONTRACTS:
The ORVFD must come with an licable disclosure re uirements in Section 28�j 01
Florida Statutes. Pursuant to Section 286.10EIhW...........Elari,da Statutes-. "In addition to an
fine assessed under 28 •101�7 a; Florida Statutes final order determinin a third or
µ n...... �..............................,., _.... . ._...
subsequent my olation by an enti v other than a state a,;�ency or o,,,itica ,su,mmmmm subdivision,must
automatically disc uali q V the entity, from elh,�ibilit: for any grant or contract funded b� a
ryi .... is
..L�...u...............���W��,Y�.......................................................................�,��������������,����������������.��m,.m. mm�. ���m��,...m,R.�,
state a c z..__.or anv a ticai ,subdivision until such ineli r Y�bilit� A.....,, s lifted by the
Administration Commission Governor and Cabinet per 14.202,_,Florida wStatutes] ,for
good cause."
20. SCRUTINIZED COMPANIES/COUNTRIES OF CONCERN (FSS 287.135..
215.4734 &287-.13 8
;
ORVFD hereby certifies that it: a) has not been placed on the Scrutinized Companies that
Boycott Israel List nor is engaged in a boycott of Israel; b) has not been placed on the
Scrutinized Companies with Activities in Sudan List nor the Scrutinized Companies with
Activities in the Iran Terrorism Sectors List (ftrmerly, the Iran Petroleum Energy: Sector
List" and c has not been en. ,a ed in business o aerations 1n Cuba or S ria.........I,,,,,,,,,,,,,,COUNTY
w
determines that ORVFD has falser certified facts under thisara�ralh or if ORVFD is
_................................................................ mm _ mm�m M mmmmmmmmm mmm
found to have been...., laced on a list created lursuant,to,Section 215.473, Florida Statutes
.. ....
as amended, or is em a��ed in a boycott of Israel after the execution of this A�re,ement,
Coun:. will have all rights and remedies to terminate this Agreement consistent with
Section 287.135�,Florida Statutes, as amended. The County, reserves all ri.ghts to waive
ww rr. . mmm ��_______ w.w.w.w......... _
certain ,,,,re,ouirements of this .14rq raPh on_a case--by-ease excel ti, basis Pqrsuant to
Section 287 1 35., Florida Statutes as amended. Beg,innin jqqqq��QZ4 the Count.
must not enter into ,a contract that _.,rant s access to an individual's..........personal identimf,
ing
w w ......................................................................... ........................................
information to any,Foreign Countt-of Concern such as: Peole's Re..u is o China the
Russian Federation the Islamic Republic of Iran, the Democratic,People's Republic of
Korea, the Re w ublic of Cuba the Venezuelan re�ime,,,,of Nicolas Maduro or the SA rian
Arab Re public unmless ORVFD r oar des.............the County with ,an ,a,...fi ayit si��n an
............mm
authorized representative of ORVFD.,,,under enalt of'pedu attesting that,ORVFD does
not meet any of the criteria in subararahs 2 a` c of Section 287.1,3 8. Florida Statutes
as ina be amended. Bei�nnn ,Janus; 1 2025 the Count must not extend or renew an
��. � ....�...��.�....www�� .....�., �..m,m. mm���������������mm��
contract that gEgAts ,ac,cess to an individual'„s rr;personal identi;.in,�rrrrminformation unless
1�....,,., �� mm y ffidavit signed_b an authorized re j Lesentative of
ORVFD rovides the Count: with an a, W� ww _RVFD underenal.t ofeau „attestin4 that, 'LFD_rdoes-nat meet an, of the criteria
.: g � .. -. »» �mm ,.._..... � amended.
n sub, ara .a ohs 2 a c of Section 287 138 Florida Statutes as may be ......_............ �mm
Violations of this Section will result in termination of this Xg-t-eement and may,result in
w m m m.. W.........,. ....
..............administrative sanctions andn. penalties b th�e O[fice
of the A.ttom!e General of the State of
Florida.
21. NONCOERCIVE CONDUCT FOR LABOR OR SERVICES:
As a non overnmental entil y submittin -_q
a rol osal e ecutin renewin� or extendin,
contract with„a government entity ORVFD is reluired torovide anmaff davit under 1;�enalt
�m ,
of er a attesting,tg_ORVFD does not use coercion,for labor or„services in accordance
with Section..787. 6 Florida Statutes.As an authorized re presentative of ORVFD,.I certi
5
underenaltxes of --........................
eu� that oRVFD does not use coercion for labor or services as
w»� ..,.......,
orohibited by Section 787.06.Additionally ORVFD has„reviewed Section»7$7,0 F1ari4
Statutes, and a �-ees to abide b�.....same N.
22. PROHIBITED TELECOMMUNICATIONS E iJIPMENT
ORVFD represents and certifies that it and its a licable subcontractors do not and,will
not use an wement s °sternrn,or service.that uses covered telecommunications eluipment
m .. _
or services as a substantial or essential,com�:onent of and rsystem., or as critical tec o a.
as art of an ,s ,stem,.as such terms are used in 4.................................8 CFR § 52.204,-24 through 52.2� wwwww „
By .qxecutipg, this..�eement RVFDyn represents and certifies that „O1�VFD and its
a�.w......... wwwww�MMMM
applicable subcontractors must not ;rovide or..........use».such covered ,telecommunications
.................
e piment,s °stem,,. or services for any,,scope of warp performed for the County for the
uw...�.
entire duration of thisAgKqqpjqpLIf ORVFI3 is notified of any use or provisions of such
covered telecommunications e�,lujpment� s�� emm or b a subcontractor at any tier
mmmm � ,�,,Y9fYrrrrrrrrv„„
b an other source �RVFD must .gram,tlr report the information in 40 CFR 2,04-
or
. mm.»»...
..wwwww
25 d 2 to Coun
23. DISCRIMINATORY VENDOR LIST:
OR.VFD hereby acknowledges its continuous duty to disclose to the Count' if ORVFD or
an o f 1t s n.n.„ . ����........�����
ww»�mmmm
off Bates as defined b Section 2 87.134 1 a" , Florida Statutes., are .laced on the
Discriminator Vendor List.Pursuant to Section 287.134 aj Florida Statutes: "An enti:
�.... m......... ww mmmmm
or affiliate who has been placed, on the discriminat ly vendor list rna , not submit a bids;
tiro„�osal or reel on,a contract I_QI?ro vide many�oods or,servicesmto a ublic entry ma not
�,mmm m u
submit a bid ��� ro. osalx or re ,1�; on contract with a public enti�. � for the wconstruction or
. , _ w ww
rv�� l ---- ........... ���������.,,,,.,1:.,.........�.ry..............,, or rel lies on
re pair of a ub.ic buildin or public work-: may; not submit bids ro orals
leases of real pro e ° to _a l ubl emm„ent�t . mad not be ,awarded or der orm work as a
contractor suplxer subcontractor or consultant under a contract with anubllc entity"
and may_not transact business with gRyj ublic entity."
24. COUNTY SUSPENDED VENDOR LIST:
The el�ibJi ,rof persons to bid,for,an award of County contracts or enter into a contract.
m m ��w m
may be sus��ended pursuant to sec. 2-�3470D.of the Monroe County Code of Ordinances. In
..................................................................
the event an eli ibi,e person is sus.)ended bhp„the Count after the contract is awarded or a
sus ended Emerson is em plowd to ierform work (e�. subcontractor in a 1 or contract
pursuant to a County contract same shall,constitute a material breach of the contract.m„rvThe
�.....�.
Coun wwin its sole discretion ma terminate the contract with now further,liability tot e
ORVFD belond la',ment of,the portion of the contract price mnthat may be due for work
satisfactonl y com Meted ur) to the date of termination, and hereby reserves all of err,ghts,
and,remedies available at law or 'min
25. ANTITRUST VIOLATIONS- DENIAL OR REVOCATION A.S. 287,137
Pursuant to Section 287.13 7„ Florida Statutes�_�as, qy be amended, a person or are affiliate
.......
who has been laced on the antitrust violator vendor list ,electronicall L ublished and
Rndated quarterly by the State of Florida)followi g a conviction orbein ,held civilly liable
for an antitrust violation mad not submit a bid ro oral or ref for an new contract to,
1 `.
provide an goods or services to a :pOfic entit ma not submit a bid osa1 or rc l
�v m ..n. ....w.r 1mm m mmm.„.,....,.... mm .�m �
for,axnew contract with„a ubl tion or repair of a public bulldln „or
w
t a bid ro �,,,o r re it on new leases of real ro ;e; ,to,a
�u 1c work- ma no submit ___-__.......�._w.......�.. �osal
6
public 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 ublic enti E enterin this. A regiment ORVFD certifies neither it nor its
affilia e(s� are.on the'':antitrust violator vendor list:at the time of entertn this•Agreement.
False certification under this paragraph or being subsequently added to that list ill result
in:-termination of this Agreement at the o tion of the Coun consistent with Section
"
287.137,Faorida:Statutes, as amended.
26..E-VERIFY REQUIREMENTS:
All Parties acknowledge and confirm compliance with the requirements of 448.095,F.S.g
as amended in relation to utilizin the.state-mandated E-veri fy s stern:
-27o FALSE CLAIMS ORDII®1ANCE:
ORVFD agrees to.comply with the County's False Claims Ordinance, codified at Section
2 721 et al o within the Monroe CountCode of ordinances:.The Count reserves'all rights
available to it to recuperate monies paid under this AIn
orreenent,including the right.to pursue
a claim for violation of the Coun 's False Claims Ordinance as ma be amended from
time to time.
T. This agreement, constitutes the.entire understanding between ORVFD and the.C OUNTY.
regarding this l st 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 da and.
p y
year•irst a ove written.
.. .gip'• ::?y^(r•,,t�' l^~\w` .. .. ..
L)
BOARD OF COUNTY COMMISSIONERS
yJ i Cy o t 4 f G
ail y3 dA Sr4tir r �11� ,iSA /•
t, , jT g SET. IV=hN MAD®K;CLERK OF MONROE COUI�ITY, FL,ORIDA
NO
Deputy Clerk ayor, James K. Scholl
Approved as to:legal form& sufficiency:
Ev pigitaR si ned Eve M.Lewis
Y 9 by
Eve.M... Lewis Date:2025.05.29„:O7:12-"00'
OCEAN REEF VOLUNTEER FIRE
,dire M Lewis, Asst. County.Attorney DEPARTMENT, INC.
a.•l,si, ,,.
y
F
Ju ��� pere President
ALL
7
�G3 o couRr�
Kevin Madok, CPA
LIJ
�o ......... f� Clerk of the Circuit Court& Comptroller Monroe County, Florida
ti40Z coo
N-1
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.
c c: 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
INTERLOCAL AGREEMEN1.11
MONROE COUNTY AND OCEAN REEF'VOLUNTEER FIRE DEPARTMETNT
THIN INTERLOCAL AGREEMENT is entered into this 17th 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 it Department, Inc., a
Florida not-for-profit corporation, its successors and assigns, (hereafter "FIRE
DEPARTMF-1,NT7?),
NVHEREAS,the Ocean Reef Volunteer Fu-e Department, Inc. (""FIRE DEPARTMENT")
is a, Florida, not-for- 1.profit corporation. hav'n.g its principal office at 1.00 Anchor Drive, -Key
Largo, FL 33037. The Fire Department is a "501(c)" corporation under the provisions of tli.e
United States Intemal.Revenue Code; and
WIVEREAS, tbe 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
voluntecr firefighters are essential to the health, safety, and welfare of the residents of and
visitors to'Monroe County; and
WFUE RE AS, the Florida Legislature, as specified iii Section 401,104, Florida Statutes,
has declared Its' intent that emergency rned,jeal 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 suilax in order to finan,ce, plan and construct infrastructure, defined in the
statute to include, among other things, any fixed capital. expenditure or fixed capftal. outlay
associated with the constraction. of public facilities that have a life expectancy of -five or more
years, and also fire department vehicles and eniergency medical service vehleles, and
WHEREAS, Florida courts and the Florida Attomey Genercal heave recognized that a
govenimental entity, such as the County, rnay carry out a -public purpose through private,
nonprofit corporations, and this method of providing services to the public has been approved.,
p 'ded that proper safeguards and some degree of control are exercised arid retained by the
rov I
govemmental. entity to assure accomplishment of the public purpose; and
WHEREAS, Florida Attomey General opinion 200218 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 fort 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 c.tnergency medical. and
rescue services th-rough the FIRE DEPARTMENT serves a public purpose.
-NOW, THf-a"R-FORE IN CONSIDERATION of the mutual consideration.and,premises
set forth.below, the Parties hereto agree as follows:
-PURPOSE 0VrHE INTER-LOCAL A.GREEMENT.,
The purpose of this agreement is to set forth the ten-ns 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 EF1 4S Motor with
associated equipment, materials and fees, and a 1-3-1foot adjustable Aluminum Rocket Trailer
and the terms and conditions under which the COLTNTY wilt reimburse the FIRE
DEPARTMENT using infrastructure sales surtax monies.
2. PURCHASE OF ITEMS BY THE DISTRICT,,,
2.1. The FIRE DEPARIWNT 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) gears® 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 for a minimum
of five (5) years from the date of execution of this Agreement without the prior express written
consent of the COUNTY.
®3 In purchasing these items, the FIRE DEPARTMMNT will follow Monroe County's
Purchasing Policy with respect to the need for competitive procurement.
0
3. REIMBURSEMENT.
3.1 After each purchase, the FIRE DEPARTMENT shall render to the COLTNTY 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 COLTNTY for reimbursement. Upon receipt of the appropn'ate
documents, the COUNTY shall reimburse the FIRE DEPARTMENT for said expenditures.
® 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 regulation s. The final request fo r
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) (10/1/2026-9/30/2
Mercury 25EH EF1 4S Motor with $8700.00
associate quip ment, mat nd erials a fees
d e
and Ad-iustable Aluminum Rocket Trailer
1) Freightliner M2 Std, Cab with Custom . 1) $486 00000
AEV Type I Ambulance,
Two-)K
. ulance a 2). Motorola Amb Radios 11 TI 00.00
.....................
2
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
DEPARTMENT's 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. 765.28, 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 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.
3
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
attorneys 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. SEVERASILITY:
If any terns, 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 FIDE 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
4
amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps;4) The Age
Discrimination Act of 19751, as amended (42 USC ss® 6101-6107) which prohibits discrimination
on the basis of age; 5) Th e 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 9 1-
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 cont%identiality of alcohol and drug abuse patent records; 8)Title V111 of the
Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in
the sale, rental or financhig of housing; 9)The Americans with Disabilities Act of 1990 (42 USC
s. 12101), as maybe amended from tff' ne to time, relating to nondiscrimination on the basis of
disability; 10) Monroe County Code Ch. 14, Art. H, 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 is may apply to the parties to, or the subject matter of, this Agreement.
1L CODE OF ETMCS:
I I-I 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, Flofida Statutes, regarding, -but not hinited to, solicitation or acceptance of
gifts; in business with one's agency- unauthorized compensation; MI'suse of public position,
conflicting employment or contractual relationship; and disclosure or use of certain M' formation.
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. 0 10-1990.
12. NO SOLICITATION/PAYMENT:
'1he 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 fkm, other than a bona fide employee workiiig solely for it,
any fee, commission, percentage, gift, or other consideration cont ingent upon or result ing from
the award or making of this Agreement.
11 PUBLIC ACCESS-:
The COUNTY- and FIRE DEPARTMENT shall allow and pennit reasonable access to, and
inspection of, all documents, papers, letters or other matefials in its possession or under its
control subject to the provisions of Chapter 119, Florida Statutes.
e
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.
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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
jo.th"' Agreement warrant that the• axe authorized b the neces s co .orate action to.enter into'.
this Agreement on behalfof their respective entitles.
:15. NOTICES.
Notices m this: Agreement, .unless otherwise' specified; must be sent by: certified mail: •to'the
following;
Mo,nr'oe-County Ocean Reef Volunteer Fire Department,Inc.
0
'unty AdministratorJuanPerez: President
ent.
1100:Simonton Street 1-00 Anchor Drive
:Key-hest FL 33040 :.. Key Largo,Fl. 3 3 03 7 ;
FULL-UNDERSTANDING:
ThisA'reement.is the parties' final mutual understanding. It replaces:any.earlier a .eements:or,
understandm s, whether written or oral. This Agreement cannot be moclified.or rep hg6d ex t:
in written amendment duly executed by both parties: " -��-
170. EFFECTIVE DATE:
Th1 s A reeme will take effect:on the date set:forth above:: -: .�---
IN:WITNESS.:WIIERE•OF, the parties hereto have set:their hands and seals_tl�'day an ear`r '
„-•first:above written. :
a �SEAL)� BOARD�OF COUNTY COMMISSIONERS. -
ATTEST: IN MADOK, CLERK OF FLORIDA
MONROE COUNTY;
.. r;''_ 1 a is• .' .. .. ..
J b'
By
`L N =saileputy,06rka or I-Iolly 1Vlerrill Raschen
Y
NROE CouNTY ATTDnN
ovo F� OCEAhT REEF VOLUNTEER :FIRE
NT
NEEEYYY
P: TIVIENT, INC:
PED• o J.
" Y fi
/3/24 .�: JuajOere7 resident
ti
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