HomeMy WebLinkAbout8. 2nd Amendment 04/15/2026 GVS COURTq°
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
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DATE: April 22, 2026
TO: Fire Chief RL Colina
Fire Rescue/EMS
Cheri Tamborski
Executive Administrator
Zully K. Hemeyer
Administrative & Compliance Supervisor
FROM: Liz Yongue, Deputy Clerk
SUBJECT: April 15, 2026 BOCC Meeting
The attached items have been executed and added to our record:
C5 Class A Certificate of Public Convenience and Necessity (COPCN) to the Key
Largo Volunteer Fire Department, Inc. for the operation of Advanced Life Support(ALS) and
Basic Life Support(BLS) emergency medical non-transport services provided within the
boundaries of the Key Largo Fire Rescue and Emergency Medical Services District for the
period of May 16, 2026, through May 15, 2028.
C13 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.
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
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 15th day of April , 20 26 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 I"
Amendment thereto dated June 18, 2025 ("1"Amendment"); and said parties agree as follows:
WITNE SSE TH:
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
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proceeds for any public purpose other than for infrastructure purposes, when other conditions are
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 ORVFD; 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 fora 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(1)(d), Fla. Star.; and
WHEREAS,if OR was not present to provide fire protection and emergency medical
services in the Ocean Reef Club, the County of need to explore other service options within
that region to avoid any gaps in those lifesaving services; and
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
WHERE,AS, 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 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, a*4 an incident command vehicle and its accessories, to wit: a 2024 Ford F250,
and"Medflex 2000"Automated Diwensina Cabinets,a Portable Fire EumL_and a 2 0 w
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Diesel Driven Generator, and the terms and conditions under which the COUNTY will
reimburse the FIRE DEPARTMENT using infrastructure sales surtax monies.
3. The parties desire to amend the Reimbursement Agreement, specifically Section 2,
"Purchase of Items by ORVFD"to read as follows:
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 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
accessories,to wit: a 2024 Ford F250, all have a minimum expected life of at least five(5)
years. Additionally, the FIRE DEPARTMENT warrants and re,resents that the "Medflex
2000" Automated Dispensing Cabinets, Portable Fire Pumv, and 200 kw Diesel Driven
Generator will directly support the FIRE DEPARTMENT in the provision of fire
protection and em grgency medical services for the Ocean Reef Club and as such, the
i)urchases are sunnorted bv a lawful pubELSEUlgae consistent with Counly Ordinance No.
010-2022. and/or each item has a minimum_.expected life of at least five "5 years, The
FIRE DEPARTMENT will retain ownership of the personal property and will maintain the
personal property 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, or the date of any subsequent amendment hereto.
whichever occurs latest in time,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.
4. The parties desire to amend the Reimbursement Agreement, specifically Section 3,
"Reimbursement"to read as follows:
® 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 VI N 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
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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 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 paragraph 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) (10/1/2025-9/30/2026) (10/1/2026-9/30/2027)
...............................
Incident Command Vehicle $145,000.00
and its accessories, to wit: a
2024 Ford F250
Mercury 25EH EFI 4S $8,700.00
Motor with associated
equipment, materials and
fees and Adjustable
Aluminum Rocket Trailer
1) Freightliner M2 Std. 1) $486,000.00
Cab with Custom AEV
Type I Ambulance, 2) $11,100.00
2) Motorola
Ambulance Two-Way
Radios
1) "Medflex 2000" $51,638
Automated DiV rising
Cabinets.- $11,500
21,Portable Fire Puml), and 3) $79,665
3) 200 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 Mohin, contained in this Agreement to the contrary, the
Vurchases made by ORFVD are made solely within the discretion of ORVFD, in the
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exercise of its inderiendent authoritv as a non®)rofit corporation and as such, ORVFD
bears the sole resL)onsibilitv and burden of such purch ass(s). In the Coun!),f"s sole
discretion, the County may reiect any reimbursement request m le bv ORFVD if the
Count , determines that QRFVD failed to comply with the terms and conditions of this
A Free ment. Nothing contained herein mAyr be construed as a Liledge of public credit nor
commitment of the Count is taxing nowennor may this Agreement be construed as
authorizing joint ownershil,,)of any property described herein.This Agreement is subject to
annual appropriation by the Board of County Commissioners of Monroe County, Florida.,
and ma , be cancelled due to non®alb pro aria tion durina anv viven fiscal vear.
5. The parties desire to amend the Reimbursement Agreement, specifically Section 13,
"Public Access"by deleting and superseding it in its entirety, and adding language to read
as follows:
13. PUBLIC RECORDS:
Count v is a t)ublic,ag tact to Chapter 119 Florida ida Statutes, as amended from time
to time. Tots extent ORVFD is actin on ehalf of the County pursuant to Section
119.0701, Florida Statutes, as amended from time to
Sub is records laws in accordance with ChaptLr 119,,Florida Statutes. In accordance with
state law, QRVFD agrees to:
a) Keep and maintain all records that ordinarily and necessarily would be required by
the County in order to Lerfon-n the services.
b) Uvon reouest from the Qount �"s custodian of public records, P.rovide the County
with a coL)v oft e requested records or allow the records to be insl)ected or co)ies
within a reasonable time at a cost that does not exceed the
C) Ensure that public records that are exempt,..or.confidential and exemiLt, fi7orn .ublic
records disclosure are not disclosed except as authorized bl, law forte duration of
the Reimbursement Agreement to and following completion of the
Reimbursement Agreement if the ORVFD does not transfer the records to the
County.
dl At the conclusion of this Reimbursement Agr2ement., and at no cost to-the County.
either transfer to the Count all public records in Vossession oft s QRVFD or kesl-!
and maintain public records required by the Count .19 or m the services. If the
_pSrf
QRVFD transfers all public records tothe County uL)on com letion oft e services,
the ORVFD must destroy, an��,,--,duplicate.....,I,)ublic records that are exempt, or
confidential and exempt. from 1,,)ublic records disclosure requirements. If the
QRVFD keeps and maintains 1:public records uoon completion of the services, the
QRVFD must meet all anp Mica ble re airs ants for retaining Lublic records. All
records stored electronically must be provided to the Counter R ion 1gqqgA_ftg the
County's custodian of publicjecords, in a format that is comnatible with the
information technology systems oft e County.
IF ORVFD HAS,,,,,,,,,QUEST1ONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO ORVFD9S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE
COUNTY'S CUSTODIAN OF PUBLIC RECORDS AT: MONROE COUNTY
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. . :ATTORNEY'S OFFICE : 111.1. 12TH:STREET SUITE 408 KEY,'WEST,, FL :
• ' • .0 L:. ' M.'�'°.L IC-'.�.EC aS DSr 46,M N .i.:J. ,,
• :PHONE: 305-292-3470:. :.. ' . . ' . ' .
- .If ORVFD:does .not:comp:lv•with.this section; the County.will •enforce-the Agreement . • : ' .•
provisions in...accordance herewith and ma .unilaterall\\� cancel- this •Mreexnent'' in•� H.
' - • - . accordance•with state law. • • . ' .
6.: : .This'agreement constitutes the entire:understanding between:ORVFD and:the COUNTY ::
: : regarding• .this:27d Amendment to the Reimbursement Agreement,.and..all other.terms,and • : i'
•
. : . conditions:of.the Reimbursement.Agreement,'not:inconsistent herewith, shall remain: in :.• •: :.• • : . .
•fulli force and•effect; and are incorporated herein. .
: : ' : : • . : IN WITNESS.WHEREOF,.the:parties:hereto have:set..their hands :and seals the day and. : ': • '
ear rst above written.
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.i"' ' KEVIN:MADOK,CLERK . • : : 'OF MONR.OE COUNTY,:FLORIDA.. • : :: : • . .i.: ::
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