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Item I5 BOARD OF GOVERNORS LOWER AND MIDDLE KEYS FIRE AND AMBULANCE DISTRICT AGENDA ITEM SUMMARY Bulk Item: Yes No X Division: Public Safety Department: Public Safety Meeting Date: September 20-21.2000 AGENDA ITEM WORDING: Approval of Interlocal Agreement with the City of Marathon concerning emergency servIces ITEM BACKGROUND: This Interlocal Agreement is the product of negotiations between Monroe County and the City of Marathon. It is primarily regarding emergency medical and fire services, emergency vehicles and equipment, and the funding thereof. PREVIOUS RELEVANT BOG ACTION: At their August 16,2000 meetings, the Board of County Commissioners and the Lower and Middle Keys Fire and Ambulance District Board of Governors conceptually approved some of the items contained in this agreement. STAFF RECOMMENDATION: Approval TOTAL COST: COST TO COUNTY: REVENUE PRODUCING: Yes BUDGETED: Yes No No AMOUNT PER MONTH DIVISION DIRECTOR APPROVAL: OMB/Purchasing PEND Risk Management PEND / /11? APPROVED BY: County Attorney PEND es R. "Reggie" Paras DISPOSITION: To Follow: ~ Not Required: _ Agenda Item #: J-rs DOCUMENTATION: Included:..(. SEP-15-0C 1057 FROM, M C PUBLIC SAFETY 10, 2896013 tJV..J-'w~-~:J'''iIIf PAGE p. 1 2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract M Contract with._ QtY.2fMlWb.sm Eff~ti"e Date: lO/llOQ Expia.ation Datc:~ifi~ in lireemenl eontraa PurposelDcJc..jption.lntcrlocal ameement with CitY..ilf.Mmthon co~.s ~m.er&2D0 ~~i~c;l Contra"-t Manager :lllWtsJtJ~gml (Name) ~2 (F.xt. ) public Safety (Department) end. Daadline: Total D\lllar Value of Contract: $ Budgeted? VesD No 0 Account Codes: Granl: $ County Match ~ CONTRACT COSTS Current Vear Portion. $ - - - ---.--..- ~ - - -.--.--.-- - - - - ---.-- - - - ------- ADDITIONAL COSTS Elltimated Ongoing Cosu. S__/yr For: (No' indudcd in doll" value abcwe) (eg. maintenlllU. nobtie.. ianitorial salaries, ele ) CONTRACT REVIEW Chanses D~~t qate rn Needed 1~. .v.e err (] / .- CU Divi,ion Director tfl /.S 0 i) YesD N . .IL-= ---. _ h Ri'kManag<>rnnt/ "'I\I~\O"y..oNO~. ~ C1\1~ ~I'u~ ,,/t"I()()Y.'DN~ P ~ __ !j15-0{) CountyAltomey 1-((:00 y..(91lo[]~ _____q_I?!a3 ~U1n"'.~' ~~~trn ~ - ~~. 0/'["1, Lf71'l.J:.d~#. avt ZI. OMB Form Revised 9/1119S Mep'2 DRAFT 6 HOERLOCALAGREEMENTBETWEEN MONROE COUNTY, THE LOWER AND MIDDLE KEYS FIRE AND AMBULANCE TAXING DISTRICT AND THE CITY OF MARATHON PROVIDING FOR DELIVERY OF EMERGENCY MEDICAL & FIRE RESCUE SERVICES This Interlocal Agreement (hereinafter called the II AGREEMENT ") is made by and between MONROE COUNTY, a political subdivision of the State of Florida (hereinafter called the "COUNTY"), the LOWER AND MIDDLE KEYS FIRE AND AMBULANCE TAXING DISTRICT (hereinafter included in any reference to the "COUNTY"), and the CITY OF MARATHON, a municipal corporation of the State of Florida (hereinafter call the "CITY"). WHEREAS, the COUNTY and the CITY desire to enter into this AGREEMENT to provide for the delivery of fire rescue and emergency medical services within and adjacent to the municipal boundaries of the CITY; and WHEREAS, the respective elected bodies of the COUNTY and the CITY find the method of delivery of the fire rescue and emergency medical services set forth in this AGREEMENT is in the interest of the public and can be best accomplished through coordination of the provision of such services as set forth herein; and WHEREAS: the COUNTY and CITY agree to the transfer of certain equipment and property from the COUNTY to the CITY; NOW THEREFORE, in consideration of the mutual covenants, promises, terms and conditions set forth herein, the COUNTY and the CITY do hereby agree as follows: ARTICLE 1 BACKGROUND 1.1 Pursuant to Chapter 97-348, Laws of Florida, the CITY was incorporated on November 2, 1999. 1.2 Prior to incorporation, the area included within the CITY boundaries was part of the unincorporated area of the COUNTY. 1.3 The COUNTY holds in fee simple certain property located within the CITY and holds lease interests in certain oth rope l~tsd within the CITY. .". ("~ ~\~'7"C 1.4 Chapters 125 and 12 . a Statutes, allow counties and municipalities tn "0ntract for services to be ren red by the COUNTY to the CITY and by the CITY to the COUNTY. (~c4.I~~)l INTERLOCAL AGREEMENT BETWEEN MONROE COUNTY, THE LOWER AND MIDDLE KEYS FIRE AND AMBULANCE TAXING DISTRICT AND THE CITY OF MARATHON PROVIDING FOR DELIVERY OF EMERGENCY MEDICAL & FIRE RESCUE SERVICES This Interlocal Agreement (hereinafter called the" AGREEMENT") is made by and between MONROE COUNTY, a political subdivision of the State of Florida (hereinafter called the "COUNTY"), the LOWER AND MIDDLE KEYS FIRE AND" AMBULANCE TAXING DISTRICT (hereinafter included in any reference to the "COUNTY"), and the CITY OF MARATHON, a municipal corporation of the State of Florida (hereinafter call the "CITY"). WHEREAS, the COUNTY and the CITY desire to enter into this AGREEMENT to provide for the delivery offire rescue and emergency medical services within and adjacent to the municipal boundaries of the CITY; and WHEREAS, the respective elected bodies of the COUNTY and the CITY find the method of delivery of the fire rescue and emergency medical services set forth in this AGREEMENT is in the interest of the public and can be best accomplished through coordination of the provision of such services as set forth herein; and WHEREAS: the COUNTY and CITY agree to the transfer of certain equipment and property from the COUNTY to the CITY; NOW THEREFORE, in consideration of the mutual covenants, promises, terms and conditions set forth herein, the COUNTY and the CITY do hereby agree as follows: ARTICLE 1 BACKGROUND 1.1 Pursuant to Chapter 97-348, Laws of Florida, the CITY was incorporated on November 2, 1999. 1.2 Prior to incorporation, the area included within the CITY boundaries was part of the unincorporated area of the COUNTY. 1.3 The COUNTY holds in fee simple certain property located within the CITY and holds lease interests in certain other property located within the CITY_ 1.4 Chapters 125,163.01 and 166, Florida Statutes, allow counties and municipalities to contract for services to be rendered by the COUNTY to the CITY and by the CITY to the COUNTY. 1 1 _ 5 This AGREEMENT will itemize which certain responsibilities and services are to be continued by the COUNTY and which will be taken on by the CITY. ARTICLE 2 GENERAL TERMS & CONDITIONS 2.1 The effective date of this AGREEMENT is October 1, 2000 (hereinafter, the EFFECTIVE DATE). 2.2 The County will transfer title to all real property described in this agreement through quit claim deeds. The County will also deliver to the City any environmental assessments, site assessments, engineer/architect reports, affadavits of title, permits, or surveys regarding the real property that the County may have in its possession but the County is under no obligation to prepare any such documents for the purpose of the transfer of the property to the City. 2.3 A condition precedent to proceeding with the transfer by the COUNTY to the CITY of any tangible personal property encompassed by this AGREEMENT is that the CITY is in receipt of all bills of sale from the County to the City for all such tangible personal property. 2.4 A condition precedent to proceeding with the transfer by the COUNTY will assign to the CITY all of its interest in any operating agreements encompassed by this AGREEMENT and provide the CITY with all existing County/vendor contracts for services. 2.5 By the EFFECTIVE DATE, the COUNTY also must have completed all steps necessary to facilitate the transfers encompassed by this AGREEMENT, including, but not limited to, transferring relevant ownership of real and tangible property owned by the COUNTY and assigning relevant ownership rights to which the COUNTY is a party. 2.6 With respect to each transfer, if the COUNTY has not completed all steps necessary to that transfer by the EFFECTIVE DATE, the COUNTY shall continue to be responsible for all services and responsibilities contemplated by this AGREEMENT which pertain to those certain documents until such time as such steps are completed. 2.7 Any unreasonable delay on the part of the COUNTY to complete all steps necessary shall be deemed a breach of this AGREEMENT. ARTICLE 3 REAL PROPERTY . 3. 1 Marathon Fire Station # 1. The COUNTY will deed to the CITY at no cost, all of its right, title, and interest in the building and property located at 3299 Overseas Highway in 2 Marathon, commonly known as Marathon Fire Station # 1. The CITY will allow the COUNTY to utilize two (2) garage bays for the storage of COUNTY equipment for a period of up to one (1) year at no cost to the COUNTY. 3.2 Marathon Fire Station # 2: The COUNTY will deed to the CITY at no cost, all of its right, title, and interest in the building located at 8900 Overseas Highway in Marathon, commonly known as Marathon Fire Station # 2. The COUNTY will lease to the CITY, seventeen thousand (17,000) square feet ofland for use by the Fire Department located at 8900 Overseas Highway in Marathon (Exhibit D) at the rate offorty five and one half cents ($0.455) per square foot per year ($7,735.00 per year) for a period of twenty (20) years. The CITY will lease to the COUNTY eight hundred fifty (850) square feet of space within Marathon Fire Station # 2 for the storage of two (2) airport rescue vehicles and equipment at a rate of nine dollars and ten cents ($9.10) per square foot per year ($7,735.00 per year) for a period of twenty (20) years. 3.3 Mobile Home. The COUNTY will maintain and operate the small mobile home used by EMS personnel and located at Marathon Fire Station # 2 during the first year of this AGREEMENT. If the CITY begins provision of it's own Emergency Medical Services on October 1, 2001, the COUNTY shall transfer to the CITY at no cost, its right, title, and interest in said mobile home on October 1, 2001. However, if the CITY terminates receipt of COUNTY EMS services prior to that date, the COUNTY will transfer ownership of the mobile home to the CITY upon the earlier termination date. The utilities and payment for the utilities connected to the mobile home shall remain as they are currently during the term of this AGREEMENT. ARTICLE 4 TANGmLE PROPERTY 4.1 The COUNTY will transfer to the CITY at no cost its right, title, and interest to all tangible property located in and around Marathon Fire Station # 1 and Marathon Fire Station # 2, previously and commonly used by Marathon Volunteer Fire Department per the attached inventory, (Exhibit A). 4.2 The COUNTY will provide to the CITY for its use during the term of this AGREEMENT one (1) rapid intervention vehicle and one (1) 1000 gallon ARFF vehicle for use by the CITY at the Marathon Airport. Operational costs for these vehicles shall be funded by Airport revenues through the COUNTY. In the event that the 1000 gallon ARFF unit is destroyed, wears out, or is otherwise removed from service, it will not be replaced by the COUNTY unless the Marathon Airport certification at that time requires a vehicle of that size. 4.3 On October 1, 2001, the COUNTY will transfer to the CITY at no cost its right, title, and interest to the following ambulance units: # 1416-121 and # 1416-02-16, and their associated equipment, including but not limited to the attached (per) vehicle inventories, (Exhibit C). In the event the CITY decides to terminate receipt of COUNTY EMS services 3 prior to that date, the COUNTY will transfer ownership of the ambulances and their associated equipment to the CITY at the earlier termination date. In the event, any of the ambulances or associated equipment are destroyed, damaged, stolen, lost, or removed from service during the first year ofthis AGREEMENT, the COUNTY shall replace said unit or equipment with unit or equipment of equal or greater value prior to October 1, 2001. This provision is not intended to apply to the normal wear and tear placed on the vehicle or equipment stemming from its normal course of service. Should there be disagreement among the parties, the issue shall be resolved as provided by Chapter 164, Florida Statutes. 4.4 The CITY reserves the first right to purchase at fair market value any vehicles or equipment commonly used within the CITY which may have been excluded from any of the aforementioned inventories. Any disagreement as to value shall be resolved by arbitration. ARTICLE 5 FIRE RESCUE SERVICES 5.1 The CITY will operate, maintain, and provide its own Fire Rescue Services, Fire Protection Services, and Fire Marshall Services within the CITY boundaries. 5.2 The COUNTY will provide Fire Rescue and Fire Protection Services to the CITY in the incorporated areas previously served by Conch Key Fire Department (south end of Tom's Harbor Bridge to Banana Boulevard (Valhalla Beach)). The fee for this service will be figured annually per Article 8. Such services shall not include the provision of "emergency medical services" or any associated services commonly referenced to as basic or advanced life support or transport as defined in Chapter 401, Florida Statutes. 5.3 The COUNTY will provide Fire Rescue and Fire Protection Services to the CITY on a twenty-four (24) hour, seven (7) days a week basis during the term of this AGREEMENT for Services Rendered in Section 5.2. The level of service provided to the CITY shall, at minimum, be equal to the average historical level of services provided by the applicable departments in other areas of Monroe County. 5.4 The CITY will assume control, inspection, and maintenance of all fire hydrants within the CITY boundaries in accordance with Florida Key Aqueduct Authority guidelines. 5.5 The COUNTY will permit the CITY to utilize the County Fire Rescue Training Facility at no charge. The scheduled use of the facility shall be coordinated with the County Public Safety Division. The CITY shall replenish supplies utilized by CITY personnel while training (ie: propane, refill air bottles, etc). The CITY may not subcontract the use of the training facility to other agencies. 5.6 The CITY and the COUNTY wilJ provide automatic and mutual aid to one another for applicable emergency incidents. 4 ARTICLE 6 EMERGENCY MEDICAL SERVICES 6.1 The COUNTY will provide Emergency Medical Services for FY2000-2001 to the CITY within the boundaries of Marathon and Key Colony Beach. The fee for this service is stated in Article 8. 6.2 The CITY will operate, maintain, and provide its own Emergency Medical Services within the CITY boundaries beginning on October 1, 2001. 6.3 The COUNTY will provide Emergency Medical Services to the CITY on a twenty-four (24) hour, seven (7) days a week basis during the term of this AGREEMENT. The level of service provided shall, at minimum, be equal to the average historical level of services provided by the applicable departments in other areas in Monroe County, in accordance with all applicable local and state rules and regulations. 6.4 During FY2000-2001, the CITY shall provide at no cost to the COUNTY space for two (2) ambulance units at Marathon Fire Station # 2. 6.5 The COUNTY shall provide one (1) primary and one (1) back up rescue / transport vehicle at Marathon Fire Station # 2 and at Conch Key Fire Station. The back up vehiclt: is not staffed. 6.6 The COUNTY shall be responsible for training of their EMS personnel. 6.7 The CITY'S manager shall have the right to request the COUNTY to transfer personnel out of the CITY upon providing the COUNTY with written notice to transfer such personnel. The COUNTY shall strongly consider the City Manager's transfer request and County shall provide documentation as to the actions being taken. Such requests from the CITY shall not be made arbitrarily. 6.8 The COUNTY shall provide emergency medical transportation for all patients requiring transportation to an appropriate hospital emergency department. The COUNTY agrees to provide an average response time for Advanced Life Support Transport Units, staffed with at least minimum staffing. The COUNTY agrees to furnish the CITY manager with a written report specifying cause for any response time in excess often (10) minutes. Response time calculations shall be based upon the time of dispatch until the appropriate Advanced Life Support Transport Unit arrives on the scene of the incident as recorded by the COUNTY. The COUNTY shall not utilize a third party provider for the provision of services unless approved by the CITY manager. 6.9 The COUNTY possesses and shall maintain throughout the term of this AGREEMENT a Class A-Advanced Life Support Transport Certificate of Public Convenience and Necessity ("COPCN") and an appropriate State of Florida license enabling said party to provide 5 advanced life support services to patients upon arrival at emergency scenes requiring immediate emergency medical care. 6.10 The COUNTY shall maintain an agreement with a Medical Director for services as required by Chapter 401, Florida Statutes. 6.11 The CITY agrees that it will give first consideration to all COUNTY EMS employees who are displaced by the transfer of Emergency Medical Services in 2001, but shall be under no obligation to hire such personnel. 6.12 When the CITY applies for a Certificate of Public Convemence and Necessity, the COUNTY shall expedite the processing, review, and approval/disapproval of the CITY's application to ensure the CITY is able to perform EMS functions within the municipal boundaries of Marathon effective October 1, 2001. 6.13 The CITY and the COUNTY will provide automatic and mutual aid to one another for applicable emergency incidents. 6.14 The COUNTY agrees that each ambulance assigned primarily to the CITY shall prominently display on the vehicle's exterior the legend "City of Marathon" in a format to be mutually agreed upon by the CITY and the COUNTY. 6.15 The COUNTY shall continue to coordinate Air Rescue Services. ARTICLE 7 COMMUNICA TIONS 7.1 The COUNTY will continue to provide the CITY with dispatch and communication services, including handling 911 calls and dispatch through the Monroe County Sheriff's Department, at a minimum, at the same levels currently in place. 7.2 The CITY will remain in the COUNTY fire/rescue communications network. All emergency vehicles used by the CITY shall have identification numbers assigned by the CITY Fire Chief in compliance with the identification system used by the COUNTY. ARTICLE 8 PA YMENTS AND FEES 8.1 The CITY shall pay the COUNTY $506,855.00 for Emergency Medical Services within the boundaries of Marathon and Key Colony Beach during FY2000-2001. The CITY is not entitled to receive any of the funds from transport fees generated by the COUNTY during the term oftrus AGREEMENT. Payment shall be made in four (4) equal payments, billed quarterly, and paid in arrears. 6 8.2 The CITY shall pay the COUNTY $39,000.00 for Fire Rescue Services in the incorporated area of Conch Key Fire's response zone during FY2000-200 1. Payment shall be made in four (4) equal payments, billed quarterly, and paid in arrears. 8.3 The COUNTY shall pay the CITY $ 22,561.00 in fire related impact fees collected but not yet spent by the COUNTY. ARTICLE 9 TERMINA TION 9.1 This AGREEMENT shall be deemed automatically terminated and of no further force and effect if the CITY has filed or consented to the filing of a petition for reorganization or bankruptcy or is otherwise adjudicated insolvent. In such event, the CITY consents and acknowledges that the COUNTY shall have the right to provide such level of Fire Rescue and Emergency Medical Services to the CITY as the COUNTY deems appropriate and shall be entitled to recover the reasonable costs of providing such services. 9.2 This AGREEMENT provides in Article 10 "Default" for the judicial remedy of specific performance to cause either party to perform its obligations in accordance with the terms and conditions herein. In the event a court was to determine that either party was in default in the performance of its obligations pursuant to this AGREEMENT and that specific performance was not any adequate remedy to cause the other party to perform its obligations herein, the parties shall be entitled to utilize all available remedies under the law. 9.3 In the event of termination of this AGREEMENT, the COUNTY and CITY shall cooperate in good faith in order to effectuate a smooth and harmonious transition of service as necessary and to maintain during such period of transition the same high quality of Fire Rescue and Emergency Medical Services as contemplated by this AGREEMENT. 9.4 Either party may terminate this AGREEMENT effective on September 30 of any year with not less than ninety (90) days written notice to the other party. ARTICLE 10 DEFAULT 10.1 Notwithstanding a party's right to terminate this AGREEMENT as set forth in Article 9 above, if the COUNTY or CITY fails to perform or observe any of the material terms and conditions of this AGREEMENT for a period often (10) days after receipt of written notice of such default for the other party, the party giving notice of default may be entitled, but is not required, to seek specific performance of this AGREEMENT on a expedited basis, as the performance of the material terms and conditions contained herein relate to health, safety, and welfare of the residents subject to this AGREEMENT. The parties acknowledge that money damages or other legally available remedies may be inadequate for the failure to perform, and that the party giving notice is entitled to obtain an order requiring specific performance by the other party. Failure of any party to exercise its rights in the event of any 7 breach by the other party shall not constitute a waiver of such rights. No party shall be deemed to have waived any failure to perform by the other party unless such waiver is in writing and signed by the waiving party. Such waiver shall be limited to the terms specifically contained herein. This Article shall be without prejudice to the rights of any party to seek a legal remedy for any breach of the other party as may be available to it in law or equity. ARTICLE 11 INSURANCE 11.1 Each party shall maintain a qualified insurance program in the limits specified in Florida Statute 768.28. Said insurance program shall provide coverages for General and Automobile and Workers Compensation and Employers Liability. 1].2 Each party shall maintain a qualified insurance program to cover the replacement cost of each piece of tangible equipment valued at over five hundred dollars ($500.00). Said insurance program shall provide comprehensive coverage to include loss from theft, fire, or damage. 11.3 Each party shall provide the other party with a Certificate of Insurance evidencing said programs. In the event the insurance program(s) is modified by either party, said party shall notify the other party with at least thirty (30) days prior written notice. ARTICLE 12 LIABILITY 12.1 The CITY and the COUNTY shall each be individually and separately liable and responsible for the actions of its officers, agents and employees in the performance of their respective obligations under this AGREEMENT. 12.2 The CITY and the COUNTY shall each individually defend any action or proceeding brought against their respective agency pursuant to this AGREEMENT and shall be individually responsible for all of their respective costs, attorneys fees, expenses and liabilities incurred as a result of any such claims, demands, suits, actions, damages and causes of action, including the investigation or the defense thereof, and from and against any orders, judgements or decrees which may be entered as a result thereof. ] 2.3 The CITY and the COUNTY agree that no indemnification or hold harmless agreement shall be in effect concerning any claims, demands, damages, and causes of action which may be brought against either party pursuant to this AGREEMENT. 12.4 The parties shall individually maintain throughout the term of this AGREEMENT any and all applicable insurance coverage as required by Florida law for government entities. 8 ARTICLE 13 CASUALTY 13.1 Prior to the EFFECTIVE DATE, the entire risk of loss or damage by fire, hurricane, theft or other casualty shall be borne and assumed by the COUNTY. 13.2 Until the EFFECTIVE DATE, the COUNTY shall keep in effect all insurance policies relating to the real and personal property which are the subjects of this AGREEMENT (hereinafter called the "PROPERTY"). 13.3 If prior to the EFFECTIVE DATE, any part of the PROPERTY is damaged or destroyed by fire, hurricane, theft, or other casualty, the COUNTY shall immediately notify the CITY of such fact. 13.4 If such damage or destruction is material (as defined below), the CITY shall have the option to terminate this AGREEMENT upon written notice to the COUNTY within thirty (30) calendar days after receipt of the COUNTY's notice. 13.5 "Material" is any uninsured damage or destruction to the PROPERTY (except that casualty shall not be deemed uninsured solely because all, or a portion, of the cost of the casualty is subjected to a deductible) or any insured damage or destruction (i) where the cost of replacement is estimated in the CITY's good faith judgment, to be Fifty Thousand and 00/100 dollars ($50,000.00) or more for any part of the PROPERTY or (ii) where the repair or replacement is estimated, in the CITY's good faith judgment, to require more than one hundred twenty (120) days. 13.6 If the CITY does not exercise this option to terminate this AGREEMENT, or if the casualty is not material, the COUNTY, on the EFFECTIVE DATE, shall assign to the CITY, and the CITY shall be entitled to receive and keep, all insurance proceeds payable, if any, with respect to such casualty (which shall then be repaired or not at the CITY's option and cost). 13.7 If the CITY does not elect to terminate this AGREEMENT by reason of any casualty, the CITY will have the right to participate in any adjustment of the insurance claim and, in such event, the CITY and the COUNTY shall cooperate with each other in good faith. ARTICLE 14 MISCELLANEOUS 14.1 Merger/Amendments: This AGREEMENT incorporates and includes all prior negotiations, correspondence, agreements, or understandings applicable to the matters contained herein; and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this AGREEMENT that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. It is 9 further agreed that no change, amendment, alteration or modification in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith by all parties to this AGREEMENT. 14.2 Assignment: The respective obligations of the parties set forth in this AGREEMENT shall not be assigned, in whole or in part, without the written consent of the other party. ]4.3 Records: The CITY and the COUNTY shall each maintain their own respective records and documents associated with this AGREEME1\TT in accordance with the requirements for records retention set forth in Chapter ] 19, Florida Statutes. ]4.4 Contract Administrator: The Contract Administrators for this AGREEMENT are the County Administrator or designee for the COUNTY, and the City Manager or designee for the CITY. In the implementation of the terms and conditions of this AGREEMENT, as contrasted with matters of policy, all parties may rely upon instructions or determinations made by the respective Contract Administrator. ]4.5 Exhibits: The Exhibits referred in and attached to this AGREEMENT are incorporated herein in full by this reference. 14.6 Law and Venue: This AGREEMENT shall be governed, construed and controlled according to the laws of the State of Florida. Any claim, objection or dispute arising out of the terms of this AGREEMENT shall be litigated in the Sixteenth Judicial Circuit in and for Monroe County, Florida. 14.7 Attorney's Fees: If either the CITY or COUNTY is required to enforce the terms of this AGREEMENT by court proceedings or otherwise, whether or not formal legal action is required, the prevailing party shall be entitled to recover from the other party all such costs and expenses, including but not limited to, costs and reasonable attorney's fees. ]4.8 Waiver of Jury Trial: Both the CITY and the COUNTY knowingly, voluntarily, and irrevocably waive their right to a trial by jury in any civil proceedings that may be initiated by either party with respect to any term or condition of this AGREEMENT. 14.9 Severability: In the event a portion of this AGREEMENT is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective. 10 ARTICLE 15 NOTICES 15. 1 All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested, or overnight delivery addressed as follows: The COUNTY Mr. James Roberts County Administrator Monroe County Public Service Building, Wing II 5100 College Road, Stock Island Key West, Florida 33040 A copy to: James Hendrick, Esq. County Attorney 310 Fleming Street Key West, Florida 33040 The CITY Craig Wrathell City Manager City of Marathon c/o Moyer & Associates 210 North University Drive Suite 301 Coral Springs, Florida 33071 A copy to: Nina Boniske John R. Herin, Jr. City Attorney Weiss, Serota, Helfman Pastoriza & Guedes, P. A. 2665 South Bayshore Drive Suite 420 Miami, Florida 33133 11 IN WITNESS WHEREOF, the parties have made and executed this AGREEMENT on the respective dates under each signature: MONROE COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chair or Vice Chair, duly authorized to execute same, THE LOWER AND MIDDLE KEYS FIRE AND AMBULANCE TAXING DISTRICT through its BOARD OF GOVERNORS, signing by and through its Chair or Vice Chair, duly authorized to execute same, by and the CITY OF MARATHON, signing by and through its Mayor, duly authorized to execute same. COUNTY (SEAL) ATTEST:D~L.KOHLAGE BOARD OF COUNTY COMMISSIONERS MONROE COUNTY, FLORIDA By: By: Deputy Clerk Shirley Freeman, Mayor / Chairman Date DISTRICT . BOARD OR GOVERNORS THE LOWER AND MIDDLE KEYS FIRE AND AMBULANCE TAXING DISTRICT Date By: Yvonne Harper, Chairman CITY (SEAL) ATTEST: CITY OF MARATHON By: By: City Clerk Robert Miller, Mayor Date APPROVED AS TO FORM AND LEGAL SUFFICIENCY: K7~7 H\.:~-ft /' . _. .......--- co~ttorney APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: City Attorney 12 ~ """W'" &"""-1'.' I. .... ._____ _...--._.... COUNTY of MONROE I>>(/OI.IC SA....:Ty U1VISION 1"m<<'.,. R, "R"Ju.:;"" P,ITOS, D;'I!~to' 490 63rd Stn,..'t, Suite 140 Mllrnlhlln, FI, JJf)5f) MEMORANDUM T(): James L. Roberts County Administrator "'({OM: James R. "Reggie" Paros. Direc Public Safety Division SlJIUECT: BOARD OF COUNTY COMMtSSJONERS ._-_....~._..._.-... MAYOR. Shirley Fr(wman. Distnct 3 Mayor Pro T pm, George Neugent, District 2 Wilhelmil1:\ HClrvey, 015tl i\;1 1 Nora Williams. District 4 Mary Kay ROII':h, District 5 IJ /tT Pending issues concerning the proposed Inlerlocal Agreement with lhe Cily of Marathon for Emergency Medical and Fire Rescue Services IlAT":: September 15, 2000 There llrc two IlIajor issues remaining unresolved as of our negotiations with represenlalives llr the City of Marathon on August 30, 2000 and their subsequent preparalion or D"~ft IS ufthe proposed Interlocal Agreement. Appearing in that drall dOL:umcnt as f()lIows, the issues are: · K.4 The COUNTY shall pay the CITY S100.000 from the InfraSlructur~ Improvements Fund #304. These funds were intended, budgeted, and collected. bul nol Yl'l spellt hy lhe COUNTY for the purpose of designing a new fire station at the Maralhon Airl"orl. · K.5 The ('OIJNTV shall pay the CITY S260,000 to replace Marathon Tanker #38. County inventory ff321 0-218 which was given to Big Pine Key Fire Ucparhnent during rv QQ. Vou hud illdil~ntl'd previously that you intended to discuss these pending issues with the Buard of County Cummissioners during its consideration of the Inlcrlocal Agreement. 1-3S/I-ilJ. ~ ~ INTERLOCAL AGREEMENT BETWEEN MONROE COUNTY, THE LOWER AND MIDDLE KEYS FIRE AND AMBULANCE TAXING DISTRICT AND THE CITY OF MARATHON PROVIDING FOR DELIVERY OF EMERGENCY MEDICAL & FIRE RESCUE SERVICES This Interlocal Agreement (hereinafter called the "AGREEMENT") is made by and between MONROE COUNTY, a political subdivision of the State of Florida (hereinafter called the "COUNTY"), the LOWER AND MIDDLE KEYS FIRE AND AMBULANCE TAXING DISTRICT (hereinafter included in any reference to the "COUNTY"), and the CITY OF MARATHON, a municipal corporation of the State of Florida (hereinafter call the "CITY"). WHEREAS, the COUNTY and the CITY desire to enter into this AGREEMENT to provide for the delivery of fire rescue and emergency medical services within and adjacent to the municipal boundaries of the CITY; and WHEREAS, the respective elected bodies of the COUNTY and the CITY find the method of delivery of the fire rescue and emergency medical services set forth in this AGREEMENT is in the interest of the public and can be best accomplished through coordination of the provision of such services as set forth herein; and WHEREAS: the COUNTY and CITY agree to the transfer of certain equipment and property from the COUNTY to the CITY; NOW THEREFORE, in consideration of the mutual covenants, promises, terms and conditions set forth herein, the COUNTY and the CITY do hereby agree as follows: ARTICLE 1 BACKGROUND 1.1 Pursuant to Chapter 97-348, Laws of Florida, the CITY was incorporated on November 30, 1999. 1.2 Prior to incorporation, the area included within the CITY boundaries was part of the unincorporated area ofthe COUNTY. 1.3 The COUNTY holds in fee simple certain property located within the CITY and holds lease interests in certain other property located within the CITY. 1.4 Chapters 125 and 163.011 and 166, Florida Statutes, allow counties and municipalities to contract for services to be rendered by the COUNTY to the CITY and by the CITY to the COUNTY. 1.5 This AGREEMENT will itemize which certain responsibilities and services are to be continued by the COUNTY and which will be taken on by the CITY. ARTICLE 2 GENERAL TERMS & CONDITIONS 2.1 The effective date of this AGREEMENT is October 1,2000 (hereinafter, the EFFECTIVE DATE). 2.2 The County will transfer title to all real property described in this agrement through quit claim deeds. The County will also deliver to the City any environmental assessments, site assessments, engineer/architect reports, affadavits of title, permits, or surveys regarding the real property that the County may have in its possession buty the County is under no obligation to prepare any such documents for the purpose of the transfer of the property to the City. 2.3 A condition precedent to proceeding with the transfer by the COUNTY to the CITY of any tangible personal property encompassed by this AGREEMENT is that the CITY is in receipt of all bills of sale from the County to tlhe City for all such tangible personal property. . 2.4 A condition precedent to proceeding with the transfer by the COUNTY will assign to the CITY all of its interest in any operating agreements encompassed by this and provide the CITY with all existing Count/vendor contracts for services. 2.5 By the EFFECTIVE DATE, the COUNTY also must have completed all steps necessary to facilitate the transfers encompassed by this AGREEMENT, including, but not limited to, transferring relevant ownership of real and tangible property owned by the COUNTY and assigning relevant ownership rights to which the COUNTY is a party. 2.6 With respect to each transfer, ifthe COUNTY has not completed all steps necessary to that transfer by the EFFECTIVE DATE, the COUNTY shall continue to be responsible for all services and responsibilities contemplated by this AGREEMENT which pertain to those certain documents until such time as such steps are completed. 2.7 Any unreasonable delay on the part of the COUNTY to complete all steps necessary shall be deemed a breach of this AGREEMENT. ARTICLE 3 REAL PROPERTY 3.1 Marathon Fire Station # 1. The COUNTY will deed to the CITY at no cost, all of its right, title, and interest in the building and property located at 3299 Overseas Highway in 2 Marathon, commonly known as Marathon Fire Station #1. The CITY will allow the COUNTY to utilize two (2) garage bays for the storage of COUNTY equipment for a period of up to one (1) year at no cost to the COUNTY. 3.2 Marathon Fire Station # 2: The COUNTY will deed to the CITY at no cost, all of its right, title, and interest in the building located at 8900 Overseas Highway in Marathon, commonly known as Marathon Fire Station # 2. The COUNTY will lease to the CITY, seventeen thousand (17,000) square feet ofland for use by the Fire Department located at 8900 Overseas Highway in Marathon (Exhibit D) at the rate of forty five and one half cents ($0.455) per square foot per year ($7,735.00 per year) for a period of twenty (20) years. The CITY will lease to the COUNTY eight hundred fifty (850) square feet of space within Marathon Fire Station # 2 for the storage of two (2) airport rescue vehicles and equipment at a rate of nine dollars and ten cents ($9.10) per square foot per year ($7,735.00 per year) for a period of twenty (20) years. 3.3 Mobile Home. The COUNTY will maintain and operate the small mobile home used by EMS personnel and located at Marathon Fire Station # 2 during the first year ofthis AGREEMENT. If the CITY begins provision of it's own Emergency Medical Services on October I, 200 I, the COUNTY shall transfer to the CITY at no cost, its right, title, and interest in said mobile home on October 1,2001. However, if the CITY terminates receipt of COUNTY EMS services prior to that date, the COUNTY will transfer ownership of the mobile home to the CITY upon the earlier termination date. The utilities and payment for the utilities connected to the mobile home shall remain as they are currently during the term of this AGREEMENT. ARTICLE 4 TANGIBLE PROPERTY 4.1 The COUNTY will transfer to the CITY at no cost its right, title, and interest to all tangible property located in and around Marathon Fire Station # I and Marathon Fire Station # 2, previously and commonly used by Marathon Volunteer Fire Department per the attached inventory, (Exhibit A). 4.2 The COUNTY will provide to the CITY for its use during the term of this AGREEMENT one (1) rapid intervention vehicle and one (1) 1000 gallon ARFF vehicle for use by the CITY at the Marathon Airport. Operational costs for these vehicles shall be funded by Airport revenues through the COUNTY. In the event that the 1000 gallon ARFF unit is destroyed, wears out, or is otherwise removed from service, it will not be replaced by the COUNTY unless the Marathon Airport certification at that time requires a vehicle of that SIze. 4.3 On October I, 2001, the COUNTY will transfer to the CITY at no cost its right, title, and interest to the following ambulance units: # 1416-121 and # 1416-02-16, and their 3 associated equipment, including but not limited to the attached (per) vehicle inventories, (Exhibit C). In the event the CITY decides to terminate receipt of COUNTY EMS services prior to that date, the COUNTY will transfer ownership of the ambulances and their associated equipment to the CITY at the earlier termination date. In the event, any of the ambulances or associated equipment are destroyed, damaged, stolen, lost, or removed from service during the first year of this AGREEMENT, the COUNTY shall replace said unit or equipment with unit or equipment of equal or greater value prior to October 1, 2001. This provision is not intended to apply to the normal wear and tear placed on the vehicle or equipment stemming from its normal course of service. Should there be disagreement among the parties, the issue shall be resolved as provided by Chapter 164, Florida Statutes. 4.4 The CITY reserves the first right to purchase at fair market value any vehicles or equipment commonly used within the CITY which may have been excluded from any of the aforementioned inventories. Any disagreement as to value shall be resolved by arbitration. 4.5 COUNTY shall provide to the CIT.Y one (1) Automatic External Defibulator (AED). _ CcP1A T. ~ f' C(A J>~ -'0 ~c:c.c..<.+- ("eve::<.)C 0\ """'-&r"'-.:J 10 C"a", It'~ · COUNTY shall provide all maintenance files on all vehicles and equipment transferred to the CITY. / n ~ c::. ... C1...c Q. Lc...\::J' COUNTY shall honor all maintenancl'requests submitted by the Marathon Volunteer Fire and Rescue Department, Inc. to the Actin,g Senior Dire t of . e ~Monroe County before September 30, 2000 \- r., (..t f 0 vCc..;. Q, '1'0 <. ~ ,Go. It ~CA.~ 'io f "7. (>.Il~ "k>~~~~ or~fI('I"~~ ARTICLE 5 FIRE RESCUE SERVICES 4.6 4.7 5.1 The CITY will operate, maintain, and provide its own Fire Rescue Services, Fire Protection Services, and Fire Marshall Services within the CITY boundaries. 5.2 The COUNTY will provide Fire Rescue and Fire Protection Services to the CITY in the incorporated areas previously served by Conch Key Fire Department (south end of Tom's Harbor Bridge to Banana Boulevard (Valhalla Beach)). The fee for this service will be figured annually per Article 8. Such services shall not include the provision of "emergency medical services" or any associated services commonly referenced to as basic or advanced life support or transport as defined in Chapter 401, Florida Statutes. 5.3 The COUNTY will provide Fire Rescue and Fire Protection Services to the CITY on a twenty-four (24) hour, seven (7) days a week basis during the term of this AGREEMENT for Services Rendered in Section 5.2. The level of service provided to the CITY shall, at minimum, be equal to the average historical level of services provided by the applicable departments in other areas of Monroe County. 4 5.4 The CITY will assume control, inspection, and maintenance of all fire hydrants within the CITY boundaries in accordance with Florida Key Aqueduct Authority guidelines. 5.5 The COUNTY will permit the CITY to utilize the County Fire Rescue Training Facility at no charge. The scheduled use of the facility shall be coordinated with the County Public Safety Division. The CITY shall replenish supplies utilized by CITY personnel while training (ie: propane, refill air bottles, etc). The CITY may not subcontract the use of the training facility to other agencies. 5.6 The CITY and the COUNTY will provide automatic and mutual aid to one another for applicable emergency incidents. ARTICLE 6 EMERGENCY MEDICAL SERVICES 6.1 The COUNTY will provide Emergency Medical Services for FY2000-2001 to the CITY within the boundaries of Marathon and Key Colony Beach. The fee for this service is stated in Article 8. 6.2 The CITY will operate, maintain, and provide its own Emergency Medical Services within the CITY boundaries beginning on October I, 200 I. 6.3 The COUNTY will provide Emergency Medical Services to the CITY on a twenty-four (24) hour, seven (7) days a week basis during the term of this AGREEMENT. The level of service provided shall, at minimum, be equal to the average historical level of services provided by the applicable departments in other areas in Monroe County, in accordance with all applicable local and state rules and regulations. 6.4 During FY2000-2001, the CITY shall provide at no cost to the COUNTY space for two (2) ambulance units at Marathon Fire Station # 2. 6.5 The COUNTY shall provide one (1) primary and one (1) back up rescue / transport vehicle at Marathon Fire Station # 2 and at Conch Key Fire Station. The back up vehicle is not staffed. 6.6 The COUNTY shall be responsible for training of their EMS personnel. 6.7 The CITY'S manager shall have the right to request the COUNTY to transfer personnel out of the CITY upon providing the COUNTY with written notice to transfer such personnel. The COUNTY shall strongly consider the City Manager's transfer request and County shall provide documentation as to the actions being taken. Such requests from the CITY shall not be made arbitrarily. 5 6.8 The COUNTY shall provide emergency medical transpartatian far all patients requiring transpartatian ta an appropriate haspital emergency department. The COUNTY agrees ta pravide an average respanse time far Advanced Life Support Transpart Units, staffed with at least minimum staffing. The COUNTY agrees ta furnish the CITY manager with a written repart specifying cause far any respanse time in excess €If ten (10) minutes. Response time calculatians shall be based upan the time €If dispatch until the appropriate Advanced Life Suppart Transpart Unit arrives an the scene €If the incident as recarded by the COUNTY. The COUNTY shall nat utilize a third party provider far the pravisian €If services unless approved by the CITY manager. 6.9 The COUNTY passesses and shall maintain thraughaut the term €If this AGREEMENT a Class A-Advanced Life Suppart Transpart Certificate €If Public Canvenience and Necessity ("COPCN") and an appropriate State €If Flarida license enabling said party ta provide advanced life support services ta patients upan arrival at emergency scenes requiring immediate emergency medical care. 6.10 The COUNTY shall maintain an agreement with a Medical Directar far services as required by Chapter 401, Flarida Statutes. 6.11 The CITY agrees that it will give first cansideratian ta all COUNTY EMS emplayees wha are displaced by the transfer €If Emergency Medical Services in 200 I, but shall be under na obligatian to hire such persannel. 6.12 When the CITY applies far a Certificate €If Public Canvenience and Necessity, the COUNTY shall expedite the processing, review, and appraval / disapproval of the CITY's applicatian ta ensure the CITY is able ta perfarm EMS functions within the municipal boundaries of Marathan and Key Calony Beach effective October I, 2001. 6.13 The CITY and the COUNTY will provide automatic and mutual aid to one anather for applicable emergency incidents. 6.14 The COUNTY agrees that each ambulance assigned primarily to the CITY shall prominently display an the vehicle's exteriar the legend "City of Marathon" in a farmat ta be mutually agreed upan by the CITY and the COUNTY. 6.15 The COUNTY shall continue to caardinate Air Rescue Services. ARTICLE 7 COMMUNICATIONS 7.1 The COUNTY will cantinue to provide the CITY with dispatch and cammunication services, including handling 911 calls and dispatch thraugh the Monrae County Sheriffs Department, at a minimum, at the same levels currently in place. €1ft all eftg6iB~ ba3i~ the COUNTY shall supply ta the CITY all audia frequencies and fire tane frequencies. On 6 October 1, 2001, should the CITY provide its own EMS services, the COUNTY shall provide EMS Emergency radio frequencies as well as EMS tone frequencies on an on- going basis. 7.2 The CITY will remain in the COUNTY fire/rescue communications network. All emergency vehicles used by the CITY shall have identification numbers assigned by the CITY Fire Chief in compliance with the identification system used by the COUNTY. ARTICLE 8 PAYMENTS AND FEES 8.1 The CITY shall pay the COUNTY $506,855.00 for Emergency Medical Services within the boundaries of Marathon and Key Colony Beach during FY2000-2001. The CITY is not entitled to receive any of the funds from transport fees generated by the COUNTY during the term of this AGREEMENT. Payment shall be made in four (4) equal payments, billed quarterly, and paid in arrears. 8.2 The CITY shall pay the COUNTY $39,000.00 for Fire Rescue Services in the incorporated area of Conch Key Fire's response zone during FY2000-2001. Payment shall be made in four (4) equal payments, billed quarterly, and paid in arrears. 8.3 The COUNTY shall pay the CITY $ 22,561.00 in fire related impact fees collected but not yet spent by the COUNTY. ARTICLE 9 TERMINATION 9.1 This AGREEMENT shall be deemed automatically terminated and of no further force and effect if the CITY has filed or consented to the filing of a petition for reorganization or bankruptcy or is otherwise adjudicated insolvent. In such event, the CITY consents and acknowledges that the COUNTY shall have the right to provide such level of Fire Rescue and Emergency Medical Services to the CITY as the COUNTY deems appropriate and shall be entitled to recover the reasonable costs of providing such services. 9.2 This AGREEMENT provides in Article 10 "Default" for the judicial remedy of specific performance to cause either party to perform its obligations in accordance with the terms and conditions herein. In the event a court was to determine that either party was in default in the performance of its obligations pursuant to this AGREEMENT and that specific performance was not any adequate remedy to cause the other party to perform its obligations herein, the parties shall be entitled to utilize all available remedies under the law. 7 9.3 In the event of termination of this AGREEMENT, the COUNTY and CITY shall cooperate in good faith in order to effectuate a smooth and harmonious transition of service as necessary and to maintain during such period of transition the same high quality of Fire Rescue and Emergency Medical Services as contemplated by this AGREEMENT. 9.4 Either party may terminate this AGREEMENT effective on September 30 of any year with not less than ninety (90) days written notice to the other party. ARTICLE 10 DEFAULT 10.1 Notwithstanding a party's right to terminate this AGREEMENT as set forth in Article 9 above, if the COUNTY or CITY fails to perform or observe any of the material terms and conditions of this AGREEMENT for a period often (10) days after receipt of written notice of such default for the other party, the party giving notice of default may be entitled, but is not required, to seek specific performance of this AGREEMENT on a expedited basis, as the performance of the material terms and conditions contained herein relate to health, safety, and welfare of the residents subject to this AGREEMENT. The parties acknowledge that money damages or other legally available remedies may be inadequate for the failure to perform, and that the party giving notice is entitled to obtain an order requiring specific performance by the other party. Failure of any party to exercise its rights in the event of any breach by the other party shall not constitute a waiver of such rights. No party shall be deemed to have waived any failure to perform by the other party unless such waiver is in writing and signed by the waiving party. Such waiver shall be limited to the terms specifically contained herein. This Article shall be without prejudice to the rights of any party to seek a legal remedy for any breach of the other party as may be available to it in law or equity. ARTICLE 11 INSURANCE 11.1 Each party shall maintain a qualified insurance program in the limits specified in Florida Statute 768.28. Said insurance program shall provide coverages for General and Automobile and Workers Compensation and Employers Liability. 11.2 Each party shall maintain a qualified insurance program to cover the replacement cost of each piece of tangible equipment valued at over five hundred dollars ($500.00). Said insurance program shall provide comprehensive coverage to include loss from theft, fire, or damage. 11.3 Each party shall provide the other party with a Certificate of Insurance evidencing said programs. In the event the insurance program(s) is modified by either party, said party shall notify the other party with at least thirty (30) days prior written notice. 8 ARTICLE 12 LIABILITY 12.1 The CITY and the COUNTY shall each be individually and separately liable and responsible for the actions of its officers, agents and employees in the performance of their respective obligations under this AGREEMENT. 12.2 The CITY and the COUNTY shall each individually defend any action or proceeding brought against their respective agency pursuant to this AGREEMENT and shall be individually responsible for all oftheir respective costs, attorneys fees, expenses and liabilities incurred as a result of any such claims, demands, suits, actions, damages and causes of action, including the investigation or the defense thereof, and from and against any orders, judgements or decrees which may be entered as a result thereof. 12.3 The CITY and the COUNTY agree that no indemnification or hold harmless agreement shall be in effect concerning any claims, demands, damages, and causes of action which may be brought against either party pursuant to this AGREEMENT. 12.4 The parties shall individually maintain throughout the term of this AGREEMENT any and all applicable insurance coverage as required by Florida law for government entities. ARTICLE 13 CASUALTY 13.1 Prior to the EFFECTIVE DATE, the entire risk ofloss or damage by fire, hurricane, theft or other casualty shall be borne and assumed by the COUNTY. 13.2 Until the EFFECTIVE DATE, the COUNTY shall keep in effect all insurance policies relating to the real and personal property which are the subjects of this AGREEMENT (hereinafter called the "PROPERTY"). 13.3 Ifprior to the EFFECTIVE DATE, any part of the PROPERTY is damaged or destroyed by fire, hurricane, theft, or other casualty, the COUNTY shall immediately notify the CITY of such fact. 13.4 If such damage or destruction is material (as defined below), the CITY shall have the option to terminate this AGREEMENT upon written notice to the COUNTY within thirty (30) calendar days after receipt of the COUNTY's notice. 13.5 "Material" is any uninsured damage or destruction to the PROPERTY (except that casualty shall not be deemed uninsured solely because all, or a portion, of the cost of the casualty is subjected to a deductible) or any insured damage or destruction (i) where the cost of 9 replacement is estimated in the CITY's good faith judgment, to be Fifty Thousand and 00/100 dollars ($50,000.00) or more for any part of the PROPERTY or (ii) where the repair or replacement is estimated, in the CITY's good faith judgment, to require more than one hundred twenty (120) days. 13.6 If the CITY does not exercise this option to terminate this AGREEMENT, or if the casualty is not material, the COUNTY, on the EFFECTIVE DATE, shall assign to the CITY, and the CITY shall be entitled to receive and keep, all insurance proceeds payable with respect to such casualty (which shall then be repaired or not at the CITY's option and cost). 13.7 If the CITY does not elect to terminate this AGREEMENT by reason of any casualty, the CITY will have the right to participate in any adjustment of the insurance claim and, in such event, the CITY and the COUNTY shall cooperate with each other in good faith. ARTICLE 14 MISCELLANEOUS 14.1 Merger/Amendments: This AGREEMENT incorporates and includes all prior negotiations, correspondence, agreements, or understandings applicable to the matters contained herein; and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this AGREEMENT that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. It is further agreed that no change, amendment, alteration or modification in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith by all parties to this AGREEMENT. 14.2 Assignment: The respective obligations of the parties set forth in this AGREEMENT shall not be assigned, in whole or in part, without the written consent of the other party. 14.3 Records: The CITY and the COUNTY shall each maintain their own respective records and documents associated with this AGREEMENT in accordance with the requirements for records retention set forth in Chapter 119, Florida Statutes. 14.4 Contract Administrator: The Contract Administrators for this AGREEMENT are the County Administrator or designee for the COUNTY, and the City Manager or designee for the CITY. In the implementation of the terms and conditions of this AGREEMENT, as contrasted with matters of policy, all parties may rely upon instructions or determinations made by the respective Contract Administrator. 14.5 Exhibits: The Exhibits referred in and attached to this AGREEMENT are incorporated herein in full by this reference. 10 14.6 Law and Venue: This AGREEMENT shall be governed, construed and controlled according to the laws of the State of Florida. Any claim, objection or dispute arising out of the terms of this AGREEMENT shall be litigated in the Sixteenth Judicial Circuit in and for Monroe County, Florida. 14.7 Attorney's Fees: If either the CITY or COUNTY is required to enforce the terms of this AGREEMENT by court proceedings or otherwise, whether or not formal legal action is required, the prevailing party shall be entitled to recover from the other party all such costs and expenses, including but not limited to, costs and reasonable attorney's fees. 14.8 Waiver of Jury Trial: Both the CITY and the COUNTY knowingly, voluntarily, and irrevocably waive their right to a trial by jury in any civil proceedings that may be initiated by either party with respect to any term or condition of this AGREEMENT. 14.9 Severability: In the event a portion of this AGREEMENT is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective. ARTICLE 15 NOTICES 15.1 All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested, or overnight delivery addressed as follows: The COUNTY Mr. James Roberts,County Administrator Monroe County, Public Service Building, Wing II 5100 College Road, Stock Island Key West, Florida 33040 A copy to: James Hendrick, Esq. County Attorney 310 Fleming Street Key West, Florida 33040 The CITY Craig Wrathell, City Manager City of Marathon c/o Moyer & Associates 210 North University Drive, Suite 301 Coral Springs, Florida 33071 A copy to: Nina Boniske, John R. Herin, Jr. City Attorney, Weiss, Serota, Helfman Pastoriza & Guedes, P.A. 2665 South Bayshore Drive, Suite 420 Miami, Florida 33133 II INTERLOCAL AGREEMENT BETWEEN MONROE COUNTY, THE LOWER AND MIDDLE KEYS FIRE AND AMBULANCE TAXING DISTRICT, AND THE CITY OF MARATHON PROVIDING FOR DELIVERY OF EMERGENCY MEDICAL & FIRE RESCUE SERVICES IN WITNESS WHEREOF, the parties have made and executed this AGREEMENT on the respective dates under each signature: MONROE COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chair or Vice Chair, duly authorized to execute same, THE LOWER AND MIDDLE KEYS FIRE AND AMBULANCE TAXING DISTRICT through its BOARD OF GOVERNORS, signing by and through its Chair or Vice Chair, duly authorized to execute same, by and the CITY OF MARATHON, signing by and through its Mayor, duly authorized to execute same. COUNTY BOARD OF COUNTY COMMISSIONERS MONROE COUNTY, a political subdivision of the State of Florida - ATTEST: DANNY L. KOHLAGE By: By: Deputy Clerk Shirley Freeman, Mayor / Chairman (SEAL) DISTRICT BOARD OR GOVERNORS THE LOWER AND MIDDLE KEYS FIRE AND AMBULANCE TAXING DISTRICT By: Yvonne Harper, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: County Attorney 12 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: City Attorney CITY CITY OF MARATHON a municipal corporation of the State of Florida. By: Robert Miller, Mayor 13 associated equipment, including but not limited to the attached (per) vehicle inventories, (Exhibit C). In the event the CITY decides to terminate receipt of COUNTY EMS services prior to that date, the COUNTY will transfer ownership of the ambulances and their associated equipment to the CITY at the earlier termination date. In the event, any of the ambulances or associated equipment are destroyed, damaged, stolen, lost, or removed from service during the first year of this AGREEMENT, the COUNTY shall replace said unit or equipment with unit or equipment of equal or greater value prior to October 1, 2001. This provision is not intended to apply to the normal wear and tear placed on the vehicle or equipment stemming from its normal course of service. Should there be disagreement among the parties, the issue shall be resolved as provided by Chapter 164, Florida Statutes. 4.4 The CITY reserves the first right to purchase at fair market value any vehicles or equipment commonly used within the CITY which may have been excluded from any of the aforementioned inventories. Any disagreement as to value shall be resolved by arbitration. 1/~'Soo .*~r~..81fI'~V.!"'.''''''._Mlerlll...~.~'Mm). c..c......-t. .. . 4:6 . ,;"G:OON'f'V<'!ftfttt.~.attft1ffliftNft8ftt!ei'~.M'.D;,___...~fiferJfUltlf!fft5t'.._ ~'I{!fty , -l~. ~. ( .." 4Ji:l;'f~~~ . I . Mi i .. ~\~ .. ..WltfMIle!f'M'I~ ....:c1,.~'.__;'" ....It.~~,.If~I.D!..1II .1 I.".....,........! _ e~:;:;~:::=~ -..fl.....~,A...lflttIL~l~,~~~~. ... . ,.... ct./t "'e.QStH''1.,,-,.~/tL..,''''~l-. '/.. ~I' t.,..J~c...f- "',-pr~ I~ mll:,.t'1t. M~ , /3 ~oo ARTICLE 5 FIRE RESCUE SERVICES 5.1 The CITY will operate, maintain, and provide its own Fire Rescue Services, Fire Protection Services, and Fire Marshall Services within the CITY boundaries. 5.2 The COUNTY will provide Fire Rescue and Fire Protection Services to the CITY in the incorporated areas previously served by Conch Key Fire Department (south end of Tom's Harbor Bridge to Banana Boulevard (Valhalla Beach)). The fee for this service will be figured annually per Article 8. Such services shall not include the provision of "emergency medical services" or any associated services commonly referenced to as basic or advanced life support or transport as defined in Chapter 401, Florida Statutes. 5.3 The COUNTY will provide Fire Rescue and Fire Protection Services to the CITY on a twenty-four (24) hour, seven (7) days a week basis during the term of this AGREEMENT for Services Rendered in Section 5.2. The level of service provided to the CITY shall, at minimum, be equal to the average historical level of services provided by the applicable departments in other areas of Monroe County. 4 1.5 5.4 The CITY will assume control, inspection, and maintenance of all fire hydrants within the CITY boundaries in accordance with Florida Key Aqueduct Authority guidelines. 5.5 The COUNTY will permit the CITY to utilize the County Fire Rescue Training Facility at no charge. The scheduled use of the facility shall be coordinated with the County Public Safety Division. The CITY shall replenish supplies utilized by CITY personnel while training (ie: propane, refill air bottles, etc). The CITY may not subcontract the use of the training facility to other agencies. 5.6 The CITY and the COUNTY will provide automatic and mutual aid to one another for applicable emergency incidents. ARTICLE 6 EMERGENCY MEDICAL SERVICES 6.1 The COUNTY will provide Emergency Medical Services for FY2000-2001 to the CITY within the boundaries of Marathon and Key Colony Beach. The fee for this service is stated in Article 8. 6.2 The CITY will operate, maintain, and provide its own Emergency Medical Services within the CITY boundaries beginning on October I, 200 I. Y ~ ~ v I"'II'l rz... 4 /(..(.13 . 6.3 The COUNTY will provide Emergency Medical Services to the CITY on a twenty-four (24) hour, seven (7) days a week basis during the term of this AGREEMENT. The level of service provided shall, at minimum, be equal to the average historical level of services provided by the applicable departments in other areas in Monroe County, in accordance with all applicable local and state rules and regulations. 6.4 During FY2000-2001, the CITY shall provide at no cost to the COUNTY space for two (2) ambulance units at Marathon Fire Station # 2. 6.5 The COUNTY shall provide one (1) primary and one (I) back up rescue / transport vehicle at Marathon Fire Station # 2 and at Conch Key Fire Station. The back up vehicle is not staffed. 6.6 The COUNTY shall be responsible for training of their EMS personnel. 6.7 The CITY'S manager shall have the right to request the COUNTY to transfer personnel out of the CITY upon providing the COUNTY with written notice to transfer such personnel. The COUNTY shall strongly consider the City Manager's transfer request and County shall provide documentation as to the actions being taken. Such requests from the CITY shall not be made arbitrarily. 5 6.8 The COUNTY shall provide emergency medical transportation for all patients requiring transportation to an appropriate hospital emergency department. The COUNTY agrees to provide an average response time for Advanced Life Support Transport Units, staffed with at least minimum staffing. The COUNTY agrees to furnish the CITY manager with a written report specifying cause for any response time in excess of ten (10) minutes. Response time calculations shall be based upon the time of dispatch until the appropriate Advanced Life Support Transport Unit arrives on the scene of the incident as recorded by the COUNTY. The COUNTY shall not utilize a third party provider for the provision of services unless approved by the CITY manager. 6.9 The COUNTY possesses and shall maintain throughout the term of this AGREEMENT a Class A-Advanced Life Support Transport Certificate of Public Convenience and Necessity ("COPCN") and an appropriate State of Florida license enabling said party to provide advanced life support services to patients upon arrival at emergency scenes requiring immediate emergency medical care. 6.10 The COUNTY shall maintain an agreement with a Medical Director for services as required by Chapter 401, Florida Statutes. 6.11 The CITY agrees that it will give first consideration to all COUNTY EMS employees who are displaced by the transfer of Emergency Medical Services in 2001, but shall be under no obligation to hire such personnel. 6.12 When the CITY applies for a Certificate of Public Convenience and Necessity, the COUNTY shall expedite the processing, review, and approval/disapproval of the CITY's application to ensure the CITY is able to perform EMS functions within the municipal boundaries of Marathon an~811~~J'~ effective October 1, 2001. 6.13 The CITY and the COUNTY will provide automatic and mutual aid to one another for applicable emergency incidents. 6.14 The COUNTY agrees that each ambulance assigned primarily to the CITY shall prominently display on the vehicle's exterior the legend "City of Marathon" in a format to be mutually agreed upon by the CITY and the COUNTY. 6.15 The COUNTY shall continue to coordinate Air Rescue Services. ARTICLE 7 COMMUNICATIONS 7.1 The COUNTY will continue to provide the CITY with dispatch and communication services, including handling 911 calls and dispatch through the Monroe County Sheriffs "Department, at a minirr,tu~, .~~.. the same levels currently in placi on an ongoing basis~ ~SMi:1r'-"1tYW~_"""~ r 1] -~1f" '0111- ""1" t ~.. -~J,JJ:.~~*i" 6 ..