Item J2
MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Se:ptember 20-21. 2000
Bulk Item: Yes _ No X
Division: Public Safety
Department: Public Safety
AGENDA ITEM WORDING: Approval of Interloca1 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 BOCC 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
APPROVED BY: County Attorney PEND OMBlPurchasing PEND Risk Management PEND
DIVISION DIRECTOR APPROVAL:
~
DISPosmON:
To Follow: ___ Not Required: _
Agenda Item #: ~,J...
DOCUMENTATION: Included:-X
SEP-15-00 1057 FROM, M C PUBLIC SAFETY
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract t#
Contract with._ Qty.QfMlll1bilD Effccti'le Date: 10/110Q
ExpO.alion Datc:~ill~ in a~reem~nl
Contract PurposelDcacJ"jption:lntcrlocal alD'eement with Ci1Y..m.Mqthon CO~.&
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Contrac..1 Manager :J..3ID.Gs.Jt..fD,
(Name)
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Pj.bJic Safety
(Department)
enda Deadline:
TotN Dollar Value of Contract $
Budgeted? YesD No 0 Ac:c:ount Codes:
Grllnt: $
County Match. $
CONTRACT COSTS
'::mer.~ Yeer Portion $
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ADDITIONAL COSTS
Elltimated Ongoing Costs. S__/yr For:
(Noll1\cludcd ill doll" value above) tCI!. mlintc:nlll1CC!. utilities. ianiloriaJ. salaries, cle )
CONTRACT REVIEW
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OMB Form Reviled 9/1 1/9S Mep '2
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DRAFT 6
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
l.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~t~ within the CITY.
,,("~ ~\~~"C
1.4 Chapters 125 and 12 F . a Statutes, allow counties and municipalities to contract for
services to be ren red by the COUNTY to the CITY and by the CITY to the COUNTY.
(~~.I~~)l
fflTERLOCALAGREEMENTBETWEEN
MONROE COUNTY,
THE LOWER AND MIDDLE KEYS FIRE AND AMBULANCE TAXfflG 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
l.l Pursuant to Chapter 97-348, Laws of Florida, the CITY was incorporated on November 2,
1999.
l.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 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 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 # 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 (I) 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 # l416-02-16, 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 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.
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 will 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 (I) 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.
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 (IO) 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 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 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 Sheriffs
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 FY2000-200 1. 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, biIled
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
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.
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.
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 prQgram 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.
, } ')
1_.-
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.
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.
8
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 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 ::8t:~. !!:~ C!TV 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
00/1 00 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 AGREE~.fENT 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 tenns 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.
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 COLT?-HY 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: DANNY L. KOIll-AGE
BOARD OF COUNTY COM:MISSIONERS
MONROE COUNTY, FLORIDA
By:
By:
Shirley Freeman, Mayor / Chairman
Deputy Clerk
Date
DISTRICT
BOARD OR GOVERNORS
THE LOWER AND MIDDLE KEYS
FIRE AND AMBULANCE TAXING DISTRICT
Date
By:
Yvonne Harper, Chairman
(SEAL)
,'\TTEST:
CITY
CITY OF MARATHON
By:
City Clerk
By:
Robert Miller, Mayor
Date
APPROVED AS TO FORM
A~~IENCY
,'- ..
By.:.... / .. .-/
. Co Attorney
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
By:
City Attorney
12
----._.__.<_._----"-~_.~...--~_..~-~.~~._-,,-_. .
MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Bulk Item: Yes
NoX
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 BOCC 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
APPROVED BY: County Attorney PEND OMB/Purchasing PEND Risk Management PEND
DIVISION DIRECTOR APPROVAL: ~
DOCUMENTATION: Included: To Follow: ...x. Not Required: _
DISPOSITION:
Agenda Item #: ,- :J 1
AGENDA ITEM WITH LATE DOCUMENTATION
DIVISION Public Safety
DEPARTMENT Public Safety
SUBJECT Approval of Interlocal Agreement with the
City of Marathon concerning emergency services
DATE ITEM WILL BE A VAll-ABLE September 20. 2000
AGENDA ITEM NUMBER I-J2