09/20/2006 Agreement
CI.ft( of lb.
Circu. coun
Danny L. Kolhage
Office (305) 295-3130 Fax (305) 295-3663
Memorandum
To:
Suzanne Hutton,
County Attorney
Attn:
Kathy Peters
Isabel C. DeSantis, . ~ y
Deputy Clerk ~
From:
Date:
Thursday, September 28, 2006
At the September 20, 2006 BOCC meeting, the Board approved the following:
lnterlocal Agreement with the Key Largo Fire Rescue and Emergency Medical
Services District.
Attached hereto are two fully executed duplicate originals for your handling,
Should you have any questions, please do not hesitate to contact this office.
cc:
Finance/
File V
INTERLOCAL AGREEMENT
MONROE COUNTY AND KEY LARGO FIRE RESCUE AND EMERGENCY MEDICAL
SERVICES DISTRICT
TffiS INTERLOCAL AGREEMENT is entered into pursuant to Sec. 163.oI, F.S., by and between
Monroe County, a political subdivision of the State of Florida, (hereafter "COUNTY"), and Key Largo
Fire Rescue and Emergency Medical Services, an independent special district, (hereafter "DISTRICT").
WHEREAS, the Legislature of the State of Florida has enacted Chapter 2005-329 establishing the
Key Largo Fire Rescue and Emergency Medical Services special independent district which is a public
corporation charged with the responsibility of providing fire rescue and emergency medical services
within its geographical boundaries; and
WHEREAS, the Key Largo Fire Rescue and Emergency Medical Services special independent district
encompasses the geographic area of all of Cross Key and that part of Key Largo from South Bay Harbor
Drive and Lobster Lane to the southern boundary of the right-of -way of County roads 905 and 905A
within Monroe County; and
WHEREAS, the Monroe County Board of County Commissioners will continue to provide a County
Fire Marshal who is the official responsible for the enforcement and administration of local and state fire
codes in unincorporated Monroe County; and
WHEREAS, the County owns certain properties which have been used for fire rescue and ambulance
services; and
WHEREAS, the County has entered into agreements with the volunteer organizations in the Key
Largo area for the provision of services which will now be performed by the DISTRICT; and
WHEREAS, the Key Largo Volunteer Fire Department, Inc. and the County entered in to a
Memorandum of Understanding on 4/17/1996 . copy of which is attached hereto (attachment 3),
providing for operation and maintenance of an alternate Emergency Operations Center (EOC) and a
storeroom for Radiological Emergency Response equipment at Fire Station 24, located at I East Drive,
Key Largo, FI. 33037; and
WHEREAS, it is in the best interests of the public to establish an understanding as to the mutual
obligations and responsibilities of the COUNTY and the DISTRICT with respect to use, ownership, and
title to property and the provision of services; and
WHEREAS, the COUNTY and the DISTRICT has established September 30, 2006 as the date the
County will transfer responsibility for fire, rescue and emergency medical services to the DISTRICT; and
WHEREAS, it is the intention of the COUNTY and the DISTRICT to enter into a separate agreement
regarding mutual aid;
NOW, THERFORE IN CONSIDERATION of the mutual consideration and premises set forth
below, the parties hereto agree as follows:
1. PURPOSE OF AGREEMENT:
The purpose of this agreement is to set forth the mutual obligations and responsibilities of both parties in
the transition of fire and rescue services to the citizens within the DISTRICT boundaries.
lLA dated September 5, 2006
Page lof8
2. RESPONSffiILITIES OF THE DISTRICT:
2.1. The DISTRICT shall provide access to any and all records maintained by the DISTRICT as may he
required by the County Fire Marshal in the performance of his duties.
2.2. In consideration of the payment of the MSTU fund balance and the promises and duties of the
COUNTY under Section 3, below, the DISTRICT shall accept responsibility for and provide within the
District all of the duties and responsibilities as defined in 2005 Florida Laws Chapter 329.
2.3. The DISTRICT shall enter into a maintenance agreement for the DISTRICTS radio equipment with
the Monroe County Sheriffs Office.
2.4. The DISTRICT shall accept title to Fire Station 24, located at I East Drive, Key Largo, FI. 33037
in "as is" condition.
2.5. The DISTRICT shall accept title to title to Fire Station 25, located at 220 Reef Drive, Key Largo,
FI. 33037, in "as is" condition.
2.6. The DISTRICT shall accept title to the equipment, vehicles and lor rolling stock listed in
attachment] in "as is" condition.
2.7. The DISTRICT shall accept the assignment of the responsibilities and duties of the County under
the leases and contracts listed in attachment 2.
2.8. The DISTRICT shall accept the assignment of the responsibilities and duties of the COUNTY for
any equipment identified subsequent to the entering of this agreement as being leased by the COUNTY
prior to October 1,2006 for use within the District and not listed in attachment 2.
2.9. In addition to accepting all items listed in attachments I and 2 in "as is" condition, as of 12:01 a.m.
October I, 2006, the DISTRICT shall assume all rights, responsibilities, obligations and duties for said
items including but not limited to lease payments, security, care, maintenance, repair, code compliance,
inspection, permitting, license, registration and insurance.
2.10. As of 12:01 a.m. October I, 2006, the DISTRICT shall be solely responsible for the DISTRICTS
utility payments.
2.11. As of October 1,2006, the DISTRICT shall be solely responsible for any and all purchases of the
district including but not limited to; equipment, vehicles, frre apparatus, office supplies, maintenance
supplies, and cleaning supplies.
2.12. The DISTRICT shall reimburse the COUNTY an amount equal to the wages and benefits for the
position of Staff Assistant I which shall be staffed by a County employee.
2.13. The District shall allow the County Emergency Management Department the use of Fire Station 24,
and a storeroom within, located at I East Drive, Key Largo, FI. 33037 for the establishment of an
alternate Emergency Operations Center (EOC) during hurricane emergencies, radiological
emergencies, and other disasters and during hurricane emergency preparedness and radiological
emergency preparedness training and exercise sessions. The District shall provide keys to the
County for access to the facilities. The County shall be allowed to place a secure lock on the
Radiological Equipment Storeroom.
ILA dated September 5, 2006
Page 2 of8
3. RESPONSmILITIES OF COUNTY:
3.1. The COUNTY shall transfer to the DISTRICT title to Fire Station 24, located at I East Drive, Key
Largo, FL. 33037, no later than September 30,2006.
3.2 Following completion of construction, the COUNTY shall transfer to the DISTRICT title to Fire
Station 25, located at 220 Reef Drive, Key Largo, FJ. 33037, within 30 days of obtaining the Certificate
Of Occupancy for the building.
3.3. The COUNTY shall transfer to the DISTRICT title to all the vehicles/rolling stock and equipment
listed in attachment I by September 30, 2006.
3.4. The COUNTY shall assign to the DISTRICT the contracts and leases listed in attachment 2 by
September 30, 2006.
3.5. The COUNTY shall prepare an estimate of the MSTU fund balance as of9/30/2006. On October 6,
2006, the COUNTY shall forward payment in the amount of $200,000 to the DISTRICT.
3.6. Upon completion of the FY 2005-2006 COUNTY audit, the COUNTY shall reconcile the
estimated MSTU fund balance payment made on October 6, 2006 with the audited balance and
forward the payment of any excess funds identified during the COUNTY audit by April 16,
2007.
3.7 COUNTY shall staff the position of Staff Assistant I contingent upon annual budget approval.
3.8 The County Emergency Management Department shall be fully responsible for the establishment,
staffing, supplying, and operation of the Emergency Operations Center (EOC) and for all cost incurred in
such. In the event of a disaster or an exercise, the director of the County's Emergency Management
Department, or a designee, shall notifY the Chairmen of the District and the Chief of the District of the
need to establish an Emergency Operations Center.
4. INSURANCE AND HOLD HARMLESS:
4.1 The parties to this agreement stipulate that each is a state governmental agency as defmed by
Florida Statutes and represents to the other that it has purchased suitable Public Liability, Vehicle
Liability, and Workers' Compensation insurance, or is self-insured, in amounts adequate to respond to
any and all claims under federal or state actions for civil rights violations, which are not limited by
Florida Statutes Section 768.28 and Chapter 440, as well as any and all claims within the limitations of
Florida Statutes Section 768.28 and Chapter 440, arising out of the activities governed by this agreement.
4.2 To the extent allowed by law, each party shall be responsible for any acts, or omissions, of
negligence on the part of its employees, agents, contractors, and subcontractors and shall defend,
indemnifY and hold the other party, its officers and employees, agents and contractors, harmless from all
claims, demands, causes of action, losses, costs, and expenses of whatever type - including investigation
and witness costs and expenses and attorneys' fees and costs - that arise out of or are attributable to
arising out of such actions or omissions. The purchase of insurance does not release or vitiate either
party's obligations under this paragraph.
4.3 Notwithstanding the provisions of Sec. 286.28, Florida Statutes, the participation of the COUNTY
and DISTRICT in this Agreement and the acquisition of any commercial liability insurance coverage,
self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a
waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the
COUNTY or DISTRICT be required to contain any provision for waiver.
ILA dated September 5, 2006
Page 3 of8
5. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES:
5.1 This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida applicable to contracts made and to be performed entirely in the State.
5.2. In the event that any cause of action or administrative proceeding is instituted for the enforcement or
interpretation of this Agreement, the COUNTY and DISTRICT agree that venue will lie in the
appropriate court or before the appropriate administrative body in Monroe County, Florida.
5.3 The COUNTY and DISTRICT agree that, in the event of conflicting interpretations of the terms or
a term of this Agreement by or between any of them, the issue shall be submitted to mediation prior to the
institution of any other administrative or legal proceeding.
5.4. The COUNTY and DISTRICT agree that in the event any cause of action or administrative
proceeding is initiated or defended by any party relative to the enforcement or interpretation of this
Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative,
and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's
fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation
proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida
Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe
County.
6. SEVERABILITY:
If any term, covenant, condition or provision of this Agreement (or the application thereof to any
circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent
jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be
affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be
valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the
remaining terms, covenants, conditions and provisions of this Agreement would prevent the
accomplishment of the original intent of this Agreement. The COUNTY and DISTRICT agree to reform
the Agreement to replace any stricken provision with a valid provision that comes as close as possible to
the intent of the stricken provision.
7. BINDING EFFECT:
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of
the COUNTY and DISTRICT and their respective legal representatives, successors, and assigns.
8. AUTHORITY:
Each party represents and warrants to the other that the execution, delivery and performance of this
Agreement have been duly authorized by all necessary COUNTY and corporate action, as required by
law.
9. CLAIMS FOR FEDERAL OR STATE AID:
The DISTRICT and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain
federal and state funds to further the purpose of this Agreement.
[LA dated September 5, 2006
Page 4 of8
10. NON-DISCRIMINATION:
The DISTRICT and COUNTY agree that there will be no discrimination against any person. The
DISTRICT and COUNTY agree to comply with all Federal and Florida statutes, and all local ordinances,
as applicable, relating to nondiscrimination. These include but are not limited to: I) Title VI of the Civil
Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national
origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 168 I -1683, and
1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 ofthe Rehabilitation Act
of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The
Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) which prohibits discrimination
on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended,
relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912,
ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and
drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended,
relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC s. 120 I Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 13, Art. VI, prohibiting
discrimination on the bases of race, color, sex, religion, disability, national origin, ancestry, sexual
orientation, gender identity or expression, familial status or age; and II) any other nondiscrimination
provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this
Agreement.
11. ADJUDICATION OF DISPUTES OR DISAGREEMENTS:
11.1 The COUNTY and DISTRICT agree that all disputes and disagreements shall be attempted to be
resolved by meet and confer sessions between representatives of each of the parties. If no resolution can
be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be
discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not
resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy
as may be provided by this Agreement or by Florida law.
11.2 In the event any administrative or legal proceeding is instituted against either party relating to the
formation, execution, performance, or breach of this Agreement, the COUNTY and DISTRICT agree to
participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and
other activities related to the substance of this Agreement or provision of the services under this
Agreement. The COUNTY and DISTRICT specifically agree that no party to this Agreement shall be
required to enter into any arbitration proceedings related to this Agreement.
12. COVENANT OF NO INTEREST:
The COUNTY and DISTRICT covenant that neither presently has any interest, and shall not acquire any
interest, which would conflict in any manner or degree with its performance under this Agreement, and
that the only interest of each is to perform and receive benefits as recited in this Agreement.
13. CODE OF ETIDCS:
13.1 The COUNTY agrees that officers and employees of the COUNTY recognize and will be required
to comply with the standards of conduct for public officers and employees as delineated in Section
112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business
with one's agency; unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
ILA dated September 5, 2006
Page 5 of8
13.2 The DISTRICT warrants that it has not employed, retained or otherwise had act on its behalf any
former COUNTY officer or employee subject to the prohibition of Section 2 of ordinance No. 010-1990
or any COUNTY officer or employee in violation of Section 3 of Ordinance No. 010-1990.
14. NO SOLICITATIONIPAYMENT:
The COUNTY and DISTRICT warrant that, in respect to itself, it has neither employed nor retained any
company or person, other than a bona fide employee working solely for it, to solicit or secure this
Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm,
other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this Agreement.
15. PUBLIC ACCESS:
The COUNTY and DISTRICT shall allow and permit reasonable access to, and inspection of, all
documents, papers, letters or other materials in its possession or under its control subject to the provisions
of Chapter 119, Florida Statutes, and made or received by the COUNTY or DISTRICT in conjunction
with this Agreement.
16. PRIVILEGES AND IMMUNITIES:
All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and
pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of
officers, agents, or employees of any public agents or employees of the COUNTY, when performing their
respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the
same degree and extent to the performance of such functions and duties of such officers, agents,
volunteers, or employees outside the territorial limits of the COUNTY.
17. LEGAL OBLIGATIONS AND RESPONSmILITIES:
Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be
construed as, relieving any participating entity from any obligation or responsibility imposed upon the
entity by law except to the extent of actual and timely performance thereof by any participating entity, in
which case the performance may be offered in satisfaction of the obligation or responsibility. Further,
this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the
constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida
constitution, state statute, and case law.
18. NON-RELIANCE BY NON-PARTIES:
No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce
or attempt to enforce any third-party claim or entitlement to or benefit of any service or program
contemplated hereunder, and the COUNTY and DISTRICT agree that neither the COUNTY nor
DISTRICT or any agent, officer, or employee of either shall have the authority to inform, counsel, or
otherwise indicate that any particular individual or group of individuals, entity or entities, have
entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community
in general or for the purposes contemplated in this Agreement.
19. NO PERSONAL LIABILITY:
No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any
member, officer, agent or employee of Monroe County in his or her individual capacity, and no member,
ILA dated September 5, 2006
Page 6 of8
officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to
any personal liability or accountability by reason of the execution of this Agreement.
20. EXECUTION IN COUNTERPARTS:
This Agreement may be executed in any number of counterparts, each of which shall be regarded as an
original, all of which taken together shall constitute one and the same instrument and any of the parties
hereto may execute this Agreement by singing any such counterpart.
21. SECTION HEADINGS:
Section headings have been inserted in this Agreement as a matter of convenience of reference only, and
it is agreed that such section headings are not a part of this Agreement and will not be used in the
interpretation of any provision of this Agreement.
22. ASSIGNMENT:
The DISTRICT may not assign this Agreement without the approval of the County's Board of County
Commissioners. All the obligations of this Agreement will extend to and bind the legal representatives,
successors and assigns of The DISTRICT and the COUNTY.
23. SUBORDINATION:
This Agreement is subordinate to the laws and regulations of the United States, the State of Florida, and
the COUNTY, whether in effect on commencement of this Agreement or adopted after that date.
24. INCONSISTENCY:
If any item, condition or obligation of this Agreement is in conflict with other items in this Agreement,
the inconsistencies shall be construed so as to give meaning to those terms which limit the COUNTY's
responsibility and liability.
25. ETIDCS CLAUSE:
The DISTRICT warrants that it has not employed, retained or otherwise had act on its behalf any former
COUNTY officer or employee subject to the prohibition of Section 2 of ordinance No. 010-1990 or any
COUNTY officer or employee in violation of Section 3 of Ordinance No. 010-1990.
26. CONSTRUCTION:
This Agreement has been carefully reviewed by The DISTRICT and COUNTY. Therefore, this
Agreement is not to be construed against any party on the basis of authorship.
27. NOTICES.
Notices in this Agreement, unless otherwise specified, must be sent by certified mail to the following:
County:
County Administrator
1100 Simonton Street
Key West, FL 33040
Key Largo Fire Rescue & Emergency Medical Services
William Andersen, Chairman
P.O. Box 371023
Key Largo, FI. 33037-1023
ILA dated September 5, 2006
Page 70f8
28. FULL UNDERSTANDING:
This Agreement is the parties' final mutual understanding. It replaces any earlier agreements or
understandings, whether written or oral. This Agreement cannot be modified or replaced except in a
written amendment duly executed by both parties.
29. EFFECTIVE DATE:
This Agreement will take effect on tbe ;}O ~ day of J,hllix.,,-, 2006.
IN \VIU'fflSS''Wj-IEREOF, the parties hereto have set their hands and seals tbe day and year first
above:Writtefi: .
~l.
(S LJ .
A \;;ST: DANNY L. KOLHAGE, CLERK
B~~~. ~-MJ
Witnesses
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
~YOrCh~~Y" McCoy
KEY LARGO FIRE RE UE AND EMERGENCY
MEDICAL E
By
William Anders n, Chairman
This document was prepared and approved as to form by:
District Counsel
Kerry L. Willis
Vernis & Bowling
ILA dated September 5, 2006
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Page 8 of8
INTERLOCAL AGREEMENT
MONROE COUNTY AND KEY LARGO FIRE RESCUE
AND EMERGENCY MEDICAL
SERVICES DISTRICT
ATTACHMENT 1 INDEX
A. Key Largo Fire and Rescue Equipment (2 Pages)
B. Key Largo Ambulance Equipment (1 Page)
ATTACHMENT 1 INDEX
KEY LARGO FIRE AND RESCUE EQUIPMENT
'ATTACIIMElIT I.A.
(Page I of 3 Pages)
Asset Id No. Serial Number Asset Description Acquisition Date Location Status Code Initial Cost
2440 24" ELECTRIC BLOWER 04/15/2005 UK-K06 ACTIVE 2,150.00
3252 4Pl CT2AllA001719 2001 PIERCE PUMPER TRUCK E-24 08/22/2001 ACTIVE 298,945.00
3253 EX033132 SCBNSELF CONTAINED BREATHING 01/21/2004 ACTIVE 2,345.00
3254 EX036035 SCBA/SELF CONTAINED BREATHING 01/21/2004 ACTIVE 2,345.00
3255 EX033123 SCBNSELF CONTAINED BREATHING 01/21/2004 ACTIVE 2,345.00
3256 EX036215 SCBA/SELF CONTAINED BREATHING 01/21/2004 ACTIVE 2,345.00
3257 EX031012 SCBNSELF CONTAINED BREATHING 01/21/2004 ACTIVE 2,345.00
3258 DELUGE NOZZLE WITIPS 07/06/1981 ACTIVE 2,542.00
3259 991000040 SAW, VENT 03/31/2000 ACTIVE 1,275.00
3260 3" VICTAULlC PIPE FOR DECK GUN 12/12/2001 ACTIVE 1,341.50
3261 PORT ABLE MANIFOLD 12/27/2001 ACTIVE 1,468.39
3262 RESCUE SAW 14" 09/30/2002 ACTIVE 1,195.00
3263 ELECTRIC SPEED BLOWERIFAN 08/14/2003 ACTIVE 2,114.00
3265 4P1 CT02A81 AOO01702 2001 PIERCE PUMPER TRUCK E-25 08/22/2001 ACTIVE 302,702.00
3266 EX030146 SCBNSELF CONTAINED BREATHING 01/21/2004 ACTIVE 2,345.00
3267 EX036008 SCBNSELF CONTAINED BREATHING 01/21/2004 ACTIVE 2,345.00
3268 EX033131 SCBA/SELF CONTAINED BREATHING 01/21/2004 ACTIVE 2,345.00
3269 EX029078 SCBNSELF CO NT AINED BREATHING 01/21/2004 ACTIVE 2,345.00
3270 EX036096 SCBNSELF CONTAINED BREATHING 01/21/2004 ACTIVE 2,345.00
3271 61413B RAM BAR 60" -ON RESCUE E-25 09/30/1991 ACTIVE 1,720.00
3272 ZW166169 RIT KIT/RESCUEAIRE II SYSTEM 01/21/2004 ACTIVE 1,955.69
3273 ZX023100 RIT KIT/RESCUEAIRE II SYSTEM 01/21/2004 ACTIVE 1,955.69
3274 PORTABLE MANIFOLD 12/27/2001 ACTIVE 1,468.39
3275 1095890 HONDA GENERATOR /WAS 1438-587 08/05/2003 ACTIVE 1,200.00
3276 1S91G71DOR1020063 1994 RESCUEIPUMPER S-24 08/03/1994 ACTIVE 217,950.00
3278 EX031 008 SCBA/SELF CONTAINED BREATHING 01/21/2004 ACTIVE 2,345.00
3279 EX031015 SCBNSELF CONTAINED BREATHING 01/21/2004 ACTIVE 2,345.00
3280 EX031 003 SCBNSELF CONTAINED BREATHING 01/21/2004 ACTIVE 2,345.00
3281 EX030149 SCBNSELF CONTAINED BREATHING 01/21/2004 ACTIVE 2,345.00
3282 (2)RAM BARS,POWER UNIT,CUTTER, 06/09/1993 ACTIVE 11,604.55
3283 "JAWS OF LIFE" RESCUE SYSTEM 07/31/2000 ACTIVE 25,000.00
3284 550505 AIR GUN KIT 01/12/1992 ACTIVE 1,925.00
3285 911 RESCUE KIT 01/13/1999 ACTIVE 1,300.00
3286 RESQ BAGS-SET 'A' 01/24/2005 ACTIVE 8,995.00
3287 EX031001 SCBA/SELF CONTAINED BREATHING 01/21/2004 ACTIVE 2,345.00
3288 55480 CUTTER 03/29/2005 ACTIVE 4,266.24
3289 N9478 30C RAM 03/29/2005 ACTIVE 2,237.11
3290 N9462 60C RAM 03/29/2005 ACTIVE 2,332.21
3291 N9477 30C RAM 03/29/2005 ACTIVE 2,237.11
3292 11899 POWER UNIT 03/29/2005 ACTIVE 5,908.50
3293 A0256-D05 THERMAL IMAGING CAMERA 04/30/2005 ACTIVE 8,868.00
3294 1 FDAF56F52EB97843 2002 ENCORE CASCADE E-24 OS/29/2002 ACTIVE 137,219.00
3295 776ASC0108 RADIO, MARATRAC MOBILE KL FIRE 04/29/1992 ACTIVE 1,105.00
3296 02935705 TEMPEST SMOKE EJECTOR (TANKER, 03/17/1993 ACTIVE 1,561.00
3297 1 FDNF70K3DVA27941 1983 RESCUEIPUMPER L-24 05/06/1983 ACTIVE 81,971.20
3298 776ASC0109 RADIO, MARATRAC MOBILE KL FIRE 04/29/1992 ACTIVE 1,105.00
3299 1 F9DBAA8XK1037630 1988 LADDER TRUCK L-70 01101/1989 ACTIVE 475,523.00
Page 1
ATTACHMENT l.A.
(Page 2 of 3 Pages)
KEY LARGO FIRE AND RESCUE EQUIPMENT
3300 776ASC0102 MOBILE RADIO 04/29/1992 ACTIVE 1,105.00
3301 EX036019 SCBAlSELF CONTAINED BREATHING 01/21/2004 ACTIVE 2,345.00
3302 EX035027 SCBAlSELF CONTAINED BREATHING 01/21/2004 ACTIVE 2,345.00
3303 EX036005 SCBAlSELF CONTAINED BREATHING 01/21/2004 ACTIVE 2,345.00
3304 EX036054 SCBAlSELF CONTAINED BREATHING 01/21/2004 ACTIVE 2,345.00
3305 EX036004 SCBAlSELF CONTAINED BREATHING 01/21/2004 ACTIVE 2,345.00
3306 EX033124 SCBAlSELF CONTAINED BREATHING 01/21/2004 ACTIVE 2,345.00
3307 EX031016 SCBA/SELF CONTAINED BREATHING 01/21/2004 ACTIVE 2,345.00
3308 81083- 60 KW GENERATOR W/ALLlS CHALME 09130/1992 ACTIVE 5,476.23
3309 671ASY0149 MOBILE RADIO IN 1438-511 S-24 01/27/1993 ACTIVE 2,118.30
3310 EX036195 SCBAlSELF CONTAINED BREATHING 01/21/2004 ACTIVE 2,345.00
3311 EX035035 SCBAlSELF CO NT AINED BREATHING 01/21/2004 ACTIVE 2,345.00
3312 EX031011 SCBAlSELF CONTAINED BREATHING 01/21/2004 ACTIVE 2,345.00
3313 EX031 002 SCBA/SELF CONTAINED BREATHING 01/21/2004 ACTIVE 2,345.00
3314 EX036011 SCBAlSELF CONTAINED BREATHING 01/21/2004 ACTIVE 2,345.00
3315 12697961 DEFIBULATOR 06/28/2000 ACTIVE 3,091.64
3316 12697920 DEFIBULATOR 06/28/2000 ACTIVE 3,091.63
3317 355CEA0825 RADIO 01/08/2004 ACTIVE 1,050.00
3318 5036MM EXTRACATlON DEVICE 09/18/1985 ACTIVE 1,456.00
3319 40570 RESCUE TOOL 09/01/1987 ACTIVE 1,230.00
3320 776ASC0106 RADIO, MARATRAC MOBILE KL FIRE 04/29/1992 ACTIVE 1,105.00
3321 776ASC0107 RADIO, MARATRAC MOBILE KL FIRE 04/29/1992 ACTIVE 1,105.00
3322 9945432 RANGER UHF RADIO BASE STATION 06/02/1993 ACTIVE 1,288.00
3323 671ASC0397 MOTOROLA SPECTRA RADIO (CHIEF' 09130/1993 ACTIVE 2,012.02
3324 9402007647 SPEED QUEEN WASHER,STAINLESS 03/16/1994 ACTIVE 2,645.00
3325 1 FDKE30MXJHB51697 1988 FORD AMB/DIVE RESCUE 25 06/24/1996 ACTIVE 58,555.44
3327 993200536L70 SAW, VENT 03/31/2000 ACTIVE 1,275.00
3328 21" PRESSURE FAN 09/26/2001 ACTIVE 1,575.00
3329 355ACA0646 PORTABLE RADIO 01/23/2002 ACTIVE 1,040.75
3330 COMMAND CENTER UNIT 12/27/2001 ACTIVE 4,619.00
3331 721CDQ2953 PORT ABLE RADIO OS/27/2003 ACTIVE 5,087.85
3332 BO-1980-AD2 THERMAL IMAGING CAMERA 03/20/2002 ACTIVE 16,496.00
3333 SKED-EVAC TRIPOD W/CASE 08/28/2002 ACTIVE 1,052.52
3335 29271 PORT ABLE FIRE PUMP 04/04/2003 ACTIVE 4,950.00
3336 COMPLETE HURST COMBINATN TOOL 03/17/2004 ACTIVE 12,923.10
3337 ZX021071? RITKIT 03/31/2004 ACTIVE 1,969.64
3338 911 RESCUE KIT/AIR CHISEL TOOL 10/08/2004 ACTIVE 1,186.50
3339 911 RESCUE KIT/AIR CHISEL TOOL 10/08/2004 ACTIVE 1,186.50
3340 DOUBLE SIDED MOBILE RACK 02/16/2005 ACTIVE 1,490.00
4237 GE RADIO TOWER 12/31/1990 ACTIVE 4,712.25
4666 1 FVXFSEBOPP419863 1993 PUMPER TANKER T -24 02/25/1994 ACTIVE 209,649.00
4667 26104 AGE PORTABLE PUMP 09/02/1992 ACTIVE 3,059.58
4668 FOLDA TANK/ORANGE 05/19/1993 ACTIVE 1,411.00
4669 75370 HURST SPREADER 06/08/1994 ACTIVE 4,347.00
4670 ELKHART STINGER NOZZLE (INV.5/ 07/27/1994 ACTIVE 1,327.00
4671 355ACA0647 PORTABLE RADIO 01/23/2002 ACTIVE 1,040.75
4672 3" VICT AULlC PIPE FOR DECK GUN 12/12/2001 ACTIVE 1,341.50
4908 EX035180 SCBAlSELF CONTAINED BREATHING 01/21/2004 ACTIVE 2,345.00
Page 2
KEY LARGO FIRE AND RESCUE EQUIPMENT
ATTACHMENT l.A.
(Page 3 of 3 Pages)
4909 EX036039 SCBAlSELF CONTAINED BREATHING 01/21/2004 ACTIVE 2,345.00
4910 EX031 022 SCBAlSELF CONTAINED BREATHING 01/21/2004 ACTIVE 2,345.00
4911 EX033128 SCBAlSELF CONTAINED BREATHING 01/21/2004 ACTIVE 2,345.00
5073 T095-17 MERCURY GROUND MONITOR 02/03/2005 ACTIVE 1,971.00
5074 T095-01 MERCURY GROUND MONITOR 02/03/2005 ACTIVE 1,971.00
5422 10Xl0 TENT 02/07/2006 ACTIVE 3,933.40
5470 CUTTER 03/21/2006 ACTIVE 4,494.10
5471 MINI MATE SIMO POWER UNIT 03/21/2006 ACTIVE 6,168.56
5477 L2081920KS SCBA 03/31/2006 ACTIVE 4,164.67
5478 L2081913KS SCBA 03/31/2006 ACTIVE 4,164.67
5479 L2081922KS SCBA 03/31/2006 ACTIVE 4,164.67
5480 L2081897KS SCBA 03/31/2006 ACTIVE 4,164.67
5564 165923 HONDA GENERATOR 03/20/2006 ACTIVE 2,799.99
108 2,090,901.51
Page 3
ATTACHMENT 1. B.
KEY LARGO AMBULANCE EQUIPMENT
Asselld No. Serial Number Asset Description Acquisition Date Location Stalus Code Initial Cost
1958 412934202 COMPUTER 10/10/2002 UK-K08 ACTIVE 1,745.00
1964 1 FDXE45F43HB28764 2003 FORD WHEELED COACH R223 11/19/2003 ACTIVE 91,673.30
1965 671ASY0134 SPECTRA MOBILE RADIO IN #76 01/27/1993 ACTIVE 2,118.30
1966 13451844 LIFE PAK 12 05/1 0/2001 ACTIVE 18,672.36
1967 2543 MICHIGAN CPR THUMPER/141201-20 07/01/1997 ACTIVE 5,355.70
1969 1 FDXE40F2XHA04120 1999 FORD AMBULANCE R123 02/10/1999 ACTIVE 80,109.00
1970 671ARU0250 SPECTRA MOBILE RADIO INSTALLED 09/30/1991 ACTIVE 2,109.25
1971 671ASY0136 SPECTRA MOBILE RADIO IN R123 01/27/1993 ACTIVE 2,118.30
1972 13451845 LIFE PAK 12 05/10/2001 ACTIVE 15,933.35
1975 1 FDXE45F22HBl1881 2002 FORD AMBULANCE R323 09/18/2002 ACTIVE 90,774.00
1976 671ASY0150 RADIO, SPECTRA MOBILE -TRCK 61 01/27/1993 ACTIVE 2,118.30
1977 671ASY0135 SPECTRA MOBILE RADIO IN #76 01/27/1993 ACTIVE 2,118.30
1978 1916 L P THUMPER CPR IN #75 12/21/1993 ACTIVE 4,296.00
1979 L1FEPAK W/AUXI POWER IN #R123 11/22/1993 ACTIVE 9,749.21
1980 087604 RESUSCI RECORDING ANNE 02/19/1991 ACTIVE 1,415.00
1981 518943 COLOR TV 05/03/1994 ACTIVE 1,899.97
1982 TEACHING TORSO 03/17/1993 ACTIVE 1,011.00
1983 SOUND SYSTEM, TRANSM. KL AMBUL 04/21/1993 ACTIVE 1,050.00
1985 015735 HEARTSIM 2000 LAERDAL 07/08/1992 ACTIVE 1,995.00
1986 HEARTSIM, 2000 -KL TRAINING RM 07/01/1992 ACTIVE 1,925.00
1987 MANNEQUIN ALS LAERDAL 08/05/1992 ACTIVE 3,795.00
1988 012203 INTERFACE MONITOR 08/05/1992 ACTIVE 1,795.00
1989 BATTERY ANYLlZER 08/12/1998 ACTIVE 1,870.00
1990 00007541 L1FEPAK IN R223 03/26/1991 ACTIVE 8,653.26
1991 2259 LIFE PAK 10 W/ PACER IN R123 01/01/1990 ACTIVE 9,257.32
1992 1 FDXE45F7YHB34422 2000 FORD AMBULANCE R23 08/04/2000 ACTIVE 81,559.00
1993 671ASY0133 SPECTRA MOBILE RADIO IN R23 01/27/1993 ACTIVE 2,118.30
1994 0393 DIXIE THUMPER W/CASE 01/08/1987 ACTIVE 5,345.95
1995 156109 NISSAN EMERGENCY GENERATOR 10 09/11/1991 ACTIVE 9,061.04
5078 00007546 L1FEPAK IN R223 03/26/1991 ACTIVE 8,653.27
5103 623CFC0366 RADIO 02/02/2005 ACTIVE 2,415.87
5104 623CFC0365 RADIO 02/02/2005 ACTIVE 2,415.87
5105 623CFC0364 RADIO 02/02/2005 ACTIVE 2,415.87
5369 G9VGK61 EMS PRO REPORTING 01/21/2005 ACTIVE 44,975.22
5370 31748557 COPIER 07/06/1998 ACTIVE 5,297.00
5608 041659 LAPTOP COMPUTER 04/13/2005 ACTIVE 5,380.35
5609 041658 LAPTOP COMPUTER 04/13/2005 ACTIVE 5,380.34
5610 041657 LAPTOP COMPUTER 04/13/2005 ACTIVE 5,380.34
38 543,955.34
Page 1
ffiTERLOCALAGREEMENT
MONROE COUNTY AND KEY LARGO FIRE RESCUE
AND EMERGENCY MEDICAL
SERVICES DISTRICT
ATTACHMENT 2 ffiDEX
A. NORTH STATION:
1. Lease Agreement between the Board of Trustees of the Internal Improvement Trust Fund of
the State of Florida and the Board of County Commissioners of Monroe County, Florida
dated July 7, 1993.
2. Site map
B. SOUTH STATION:
I. Lease Agreement between the Key Largo Volunteer Fire and Rescue Department, Inc. and
Monroe County dated January 8, 1992.
2. Site map.
ATTACHMENT 2 INDEX
,
ATTACHMENT 2.A.l.
NORTH STATION
(Total 13 Pages)
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
LEASE AGREEMENT
Lease No. 3671
THIS LEASE AGREEMENT, made and entered into this 7th day
July
1993, between the BOARD OF TRUSTEES OF THE
of
INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA
hereinafter referred to as "LESSOR," and the BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, hereinafter referred to as
"LESSEE."
LESSOR, for and in consideration of mutual covenants and
agreements hereinafter contained, does hereby lease to said
LESSEE the lands described in paragraph 2 below, together with
the improvements thereon, and subject to the following terms and
conditions:
1. DELEGATIONS OF AUTHORITY: LESSOR'S responsibilities
and obligations herein shall be exercised by the Division of
State Lands, Department of Natural Resources.
2. DESCRIPTION OF PREMISES: The property subject to this
lease, is situated in the County of Monroe, State of Florida and
is more particularly described in Exhibit "A" attached hereto and
hereinafter referred to as the "leased premises".
3. TEBH: The term of this lease shall be for a period of
Fifty (50) years commencing on July 7, 1993 and ending
on July 6, 2043 , unless sooner terminated pursuant to
the provisions of this lease.
4. PURPOSE: The LESSEE shall manage the leased premises
only for the establishment and operation of a fire station, along
with other related uses necessary for the accomplishment of this
purpose as designated in the Management Plan required by
paragraph 8 of this lease.
5. QUIET ENJOYMENT AND RIGHT OF USE: LESSEE shall have
the right of ingress and egress to, from and upon the leased
Page 1 of 13
Lease No. 3671
o
premises for all purposes necessary to the full quiet enjoyment
by said LESSEE9f the rights conveyed herein.
6. UNAUTHORIZED USE: LESSEE shall, through its agents and
employees, prevent the unauthorized use of the leased premises or
any use thereof not in conformance with this lease.
7. ASSIGNMENT: This lease shall not be assigned in whole
or in part without the prior written consent of LESSOR. Any
assignment made either in whole or in part without the prior
written consent of LESSOR shall be void and without legal effect.
8. MANAGEMENT PLAN: LESSEE shall prepare and submit a
Management Plan for the leased premises, in accordance with
Chapters 18-2 and 18-4, Florida Administrative Code, within 12
months of the effective date of this lease. The Management Plan
shall be submitted to LESSOR for approval through the Division of
State Lands. The leased premises shall not be developed or
physically altered in any way other than what is necessary for
security and maintenance of the leased premises without the prior
written approval of LESSOR until the Management Plan is approved.
LESSEE shall provide LESSOR with an opportunity to participate in
all phases of preparing and developing the Management Plan for
the leased premises. The Management Plan shall be submitted to
LESSOR in draft form for review and comments within ten months of
the effective date of this lease. LESSEE shall give LESSOR
".' \.-'
reasonable notice of the application for and receipt of any
state, federal or local permits as well as any public hearings or
meetings relating to the development or use of the leased
premises. LESSEE shall not proceed with development of said
leased premises including, but not limited to, funding, permit
application, design or building contracts, until the Management
Plan requixed herein ~~~ been submitted and approved. Any
f~nancial commitments made. by LESSEE ~hich are not in compliance
with the terms of this lease shal~ be done at LESSEE'S own risk.
The Management Plan shall emphasize the original management
concept as approved by LESSOR on the effective date of this lease
which established the primary public purpose for which the leased
premises are to be managed. The approved Management Plan shall
Page 2 of 13
Lease No. 3671
~
provide the basic guidance for all management activities and
shall be reviewed jointly by LESSEE and LESSOR at least every
five (5) years. LESSEE shall not use or alter the leased
premises except as provided for in the approved Management Plan
without the prior written approval of LESSOR. The Management
Plan prepared under this lease shall identify management
strategies for exotic species, if present. The introduction of
exotic species is prohibited, except when specifically authorized
by the approved Management Plan. LESSEE and LESSOR are aware
that a building, used as a fire station, is extant upon the
leased premises. LESSEE shall have the right to, immediately,
make such repairs and/or improvements upon said building
necessitated because of hurricane related damage and/or for the
general maintenance/security of the leased premises. such
general repairs or maintenance, specifically the restoration of
the hurricane damaged main doors, do not require the submission
of plans by LESSEE.
9. EASEMENTS: All easements including, but not limited
to, utility easements are expressly prohibited without the prior
written approval of LESSOR. Any easement not approved in writing
by LESSOR shall be void and without legal effect. All easements
that exist as of the date of execution of this Lease Agreement
are permitted without further written approval of LESSOR.
10. SUBLEASES: This agreement is for the purposes
specified herein and subleases of any nature are prohibited,
without the prior written approval of LESSOR. Any sublease not
approved in writing by LESSOR shall be void and without legal
effect.
11. RIGHT OF INSPECTION: LESSOR or its duly authorized
agents, representativ~~ or employees shall have the right at any
and all times to inspect the leased p~emises and the works and
operations of LESSEE in any matte~ pertaining to this lease.
12. PLACEMENT AND REMOVAL OF IMPROVEMENTS: All buildings,
structures, improvements, and signs shall be constructed at the
expense of LESSEE in accordance with plans prepared by
professional designers and shall require the prior written
Page 3 of 13
Lease No. 3671
o
approval of LESSOR as to purpose, location and design, except as
provided in paragraph 8, above. Further, no trees, other than
non-native species, shall be removed or major land alterations
done without the prior written approval of LESSOR. Removable
equipment and removable improvements placed on the leased
premises by LESSEE which do not become a permanent part of the
leased premises will remain the property of LESSEE and may be
removed by LESSEE upon termination of this lease.
13. INSURANCE REOUIREMENTS: During the term of this lease
LESSEE shall procure and maintain policies of fire, extended
risk, and liability insurance coverage. The extended risk and
fire insurance coverage shall be in an amount equal to the full
insurable replacement value of any improvements or fixtures
located on the leased premises. The liability insurance coverage
shall be in amounts not less than $100,000.00 per occurrence and
$200,000.00 per accident for personal injury, death, and property
damage on the leased premises. Such policies of insurance shall
name LESSOR, the State of Florida and LESSEE as co-insureds.
LESSEE shall submit written evidence of having procured all
insurance policies required herein prior to the effective date of
this lease and shall submit annually thereafter, written evidence
of maintaining such insurance pOlicies to the Bureau of Land
Management Services, Division of State Lands, Department of
Natural Resources, 3900 Commonwealth Boulevard, Tallahassee,
Florida 32399. LESSEE shall purchase all policies of insurance
from a financially-responsible insurer duly authorized to do
business in the State of Florida. LESSEE shall immediately
notify LESSOR and the insurer of any erection or removal of any
building or other improvement on the leased premises and any
,
changes af~ecting the:y~lue of any improvements and shall request
the insurer to make adequat~ changes ~n the coverage to reflect
the changes in value. LESSEE sha~l be financially responsible
for any loss due to failure to obtain adequate insurance
coverage, and the failure to maintain such policies or
certificate in the amounts set forth shall constitute a breach of
this lease.
Page 4 of 13
Lease No. 3671
,
14. INDEMNITY: LESSEE hereby covenants and agrees to
investigate all claims of every nature at its own expense, and to
indemnify, protect, defend, save and hold harmless the State of
Florida and LESSOR from any and all claims, actions, lawsuits and
demands of any kind or nature arising out of this lease to the
extent provided by law.
15. PAYMENT OF TAXES AND ASSESSMENTS: LESSEE shall assume
full responsibility for and shall pay all liabilities that accrue
to the leased premises or to the improvements thereon, including
any and all ad valorem taxes and drainage and special assessments
or taxes of every kind and all mechanic's or materialman's liens
which may be hereafter lawfully assessed and levied against the
leased premises.
16. NO WAIVER OF BREACH: The failure of LESSOR to insist
in anyone or more instances upon strict performance of anyone
or more of the covenants, terms and conditions of this lease
shall not be construed as a waiver of such covenants, terms or
conditions, but the same shall continue in full force and effect,
and no waiver of LESSOR of any of the provisions hereof shall in
any event be deemed to have been made unless the waiver is set
forth in writing, signed by LESSOR.
17. ~: Time is expressly declared to be of the essence
of this lease.
18. NON DISCRIMINATION: LESSEE shall not discriminate
against any individual because of that individual's race, color,
religion, sex, national origin, age, handicap, or marital status
with respect to any activity occurring within the leased premises
or upon lands adjacent to and used as an adjunct of the leased
premises.
19. UTILITY FEE~_: _ LESSEE shall be responsible for the
payment of all charges fOr.the fufnis~ing of gas, electricity,
water and other public utilities to the leased premises and for
having all utilities turned off when the leased premises are
surrendered.
20. MINERAL RIGHTS: This lease does not cover petroleum or
petroleum products or minerals and does not give the right to
Page 5 of 13
Lease No. 3671
o
LESSEE to drill for or develop the same, and LESSOR specifically
reserves the. right to lease',the leased premises for purpose of
exploring and recovering oil and minerals by whatever means
appropriate; provided; howeve~, that LESSEE named herein shall be
fully compensated for any and all damages that might result to
the leasehold interest of said LESSEE by reason of such
exploration and recovery operations.
21. RIGHT OF AUDIT: LESSEE shall make available to LESSOR
all financial and other records relating to this lease, and
LESSOR shall have the right to either audit such records at any
reasonable time or require the submittal of an annual independent
audit by a certified Public Accountant during the term of this
lease. This right shall be continuous until this lease expires
or is terminated. This lease may be terminated by LESSOR should
LESSEE fail to allow public access to all documents, papers,
letters or other materials made or received in conjunction with
this lease, pursuant to the provisions of Chapter 119, Florida
Statutes.
22. CONDITION OF PREMISES: LESSOR assumes no liability or
obligation to LESSEE with reference to the condition of the
leased premises. The leased premises herein are leased by LESSOR
to LESSEE in an "as is" condition, with LESSOR assuming no
responsibility for the care, repair, maintenance or improvement
of the leased premises for the benefit of LESSEE.
23. COMPLIANCE WITH LAWS: LESSEE agrees that this lease is
contingent upon and subject to LESSEE obtaining all applicable
permits and complying with all applicable permits, regulations,
ordinances, rules, and laws of the State of Florida or the United
States or of any political SUbdivision or agency of either.
24. NOTICE: Al~_potices given under this lease shall be in
writing and shall be served, bycertif~ed mail including, but not
limited to, notice of anyviolati?n served pursuant to 253.04,
Florida Statutes, to the last address of the party to whom notice
is to be given, as designated by such party in writing. LESSOR
and LESSEE' 'hereby designate their address as follows:
LESSOR:
Department of Natural Resources
Division of State Lands
Page 6 of 13
Lease No. 3671
Bureau of Land Management Services
3900 Commonwealth Boulevard
Tallahassee," Florida 32399
LESSEE:
County of Monroe
County Administrator
5100 College Road
Stock Island, Key West, FL 33040
25. BREACH OF COVENANTS. TERMS. OR CONDITIONS: Should
LESSEE breach any of the covenants, terms, or conditions of this
lease, LESSOR shall give written notice to LESSEE to remedy such
breach within sixty (60) days of such notice. In the event
LESSEE fails to remedy the breach to the satisfaction of LESSOR
within sixty (60) days of receipt of written notice, LESSOR may
either terminate this lease and recover from LESSEE all damages
LESSOR may incur by reason of the breach including, but not
limited to, the cost of recovering the leased premises and
attorneys' fees or maintain this lease in full force and effect
and exercise all rights and remedies herein conferred upon
LESSOR.
26. DAMAGE TO THE PREMISES:
(A) LESSEE shall not do, or
suffer to be done, in, on or upon the leased premises or as
affecting said leased premises or adjacent properties, any act
which may result in damage or depreciation of value to the leased
premises or adjacent properties, or any part thereof.
(B) Lessee
shall not generate, store, produce, place, treat, release or
discharge any contaminants, pollutants or pollution, including,
but not limited to, hazardous or toxic substances, chemicals or
other agents on, into, or from the leased premises or any
adjacent lands or waters in any manner not permitted by law. For
the purposes of this lease, "hazardous substances" shall mean and
include those 'elements or compounds defined in 42 USC Section
9601 or wh~ch are cont~~ned in the list of hazardous substances
a~opted by the United States Environmental Protection Agency
(EPA) and the list of toxic pollu~ants designated by the United
States Congress or the EPA or defined by any other federal, state
or local statute, law, ordinance, code, rule, regulation, order
or decree regulating, relating to, or imposing liability or
standards of conduct concerning any hazardous, toxic or dangerous
Page 7 of 13
Lease No. 3671
waste, substance, material, pollutant or contaminant.
"Pollutants" and "pollution!l shall mean those products or
substances defined ih Florida Statutes, Chapter 376 and Chapter
403 and the rules promulgated thereunder, all as amended or
updated from time to time. In the event of LESSEE's failure to
comply with this paragraph, LESSEE shall, at its sole cost and
expense, promptly commence and diligently pursue any legally
required closure, investigation, assessment, cleanup,
decontamination, remediation, restoration and monitoring of (1)
the leased premises, and (2) all off-site ground and surface
waters and lands affected by LESSEE's such failure to comply, as
may be necessary to bring the leased premises and affected off-
site waters and lands into full compliance with all applicable
federal, state or local statutes, laws, ordinances, codes, rules,
regulations, orders and decrees, and to restore the damaged
property to the condition existing immediately prior to the
occurrence which caused the damage. LESSEE's obligations set
forth in this paragraph shall survive the termination or
expiration of this lease. This paragraph shall not be construed
as a limitation upon LESSEE's obligations regarding
indemnification and payment of costs and fees as set forth in
Paragraph 14 of this lease, nor upon any other obligations or
responsibilities of LESSEE as set forth herein. Nothing herein
shall relieve LESSEE of any responsibility or liability
prescribed by law for fines, penalties and damages levied by
governmental agencies, and the cost of cleaning up any
contamination caused directly or indirectly by LESSEE's
activities or facilities. Upon discovery of a release of a
hazardous substance or pollutant, or any other violation of
local, st&te or feder~~law, ordinance, code, rule, regulation,
order or decree relating to the g~ner~tion, storage, production,
placement, treatment, release or discharge of any contaminant,
LESSEE shall report such violation to all applicable governmental
agencies having jurisdiction, and to LESSOR, all within the
reporting period of the applicable agency.
Page 8 of 13
Lease No. 3671
27. SURRENDER OF PREMISES: Upon termination or expiration
of this lease, LESSEE shall, surrender the leased premises to
LESSOR. In the event no further use of the leased premises or
any part thereof is needed, LESSEE shall give written
notification to LESSOR and the Bureau of Land Management
Services, Division of State Lands, Department of Natural
Resources, 3900 Commonwealth Boulevard, Tallahassee, Florida
32399 at least six (6) months prior to the release of any or all
of the leased premises. Notification shall include a legal
description, this lease number, and an explanation of the
release. The release shall only be valid if approved by LESSOR
through the execution of a release of lease instrument with the
same formality as this lease. Upon release of all or any part of
the leased premises or upon termination or expiration of this
lease, all improvements, including both physical structures and
modifications to the leased premises shall become the property of
LESSOR, unless LESSOR gives written notice to LESSEE to remove
any or all such improvements at the expense of LESSEE. The
decision to retain any improvements upon termination or
expiration of this lease shall be at LESSOR'S sole discretion.
Prior to surrender of all or any part of the leased premises a
representative of the Division of State Lands shall perform an
on-site inspection and the keys to any building on the leased
premises shall be turned over to the Division. If the
improvements, do not meet all conditions as set forth in
paragraphs 19 and 35 herein, LESSEE shall pay all costs necessary
to meet the prescribed conditions.
2S. BEST MANAGEMENT PRACTICES: LESSEE shall implement
applicable Best Management Practices for all activities conducted
,
under this lease in C?~pliance with paragraph lS-2.004(1) (d),
Florida Administrative CO~e, which ha~e been selected, developed,
or approved by LESSOR or other land managing agencies for the
protection and enhancement of the leased premises.
29. PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES: Fee
title to the leased premises is held by LESSOR. LESSEE shall not
do or permit anything to be done which purports to create a lien
Page 9 of 13
Lease No. 3671
or encumbrance of any nature against the real property contained
in the leased premises including, but not limited to, mortgages
or construction liens against the leased premises or against any
interest of LESSOR therein.
30. PARTIAL INVALIDITY: If any term, covenant, condition
or provision of this lease shall be ruled by a court of competent
jurisdiction, to be invalid, void, or unenforceable, the
remainder shall remain in full force and effect and shall in no
way be affected, impaired or invalidated.
31. ARCHAEOLOGICAL AND HISTORIC SITES: Execution of this
lease in no way affects any of the parties' obligations pursuant
to Chapter 267, Florida Statutes. The collection of artifacts or
the disturbance of archaeological and historic sites on state-
owned lands is prohibited unless prior authorization has been
obtained from the Department of State, Division of Historical
Resources. The Management Plan prepared pursuant to Chapters
18-2 and 18-4, Florida Administrative Code, shall be reviewed by
the Division of Historical Resources to insure that adequate
measures have been planned to locate, identify, protect and
preserve the archaeological and historic sites and properties on
the leased premises.
32. SOVEREIGNTY SUBMERGED LANDS: This Lease does not
authorize the use of any lands located waterward of the mean or
ordinary high water line of any lake, river, stream, creek, bay,
estuary, or other water body or the waters or the air space
thereabove.
33. DUPLICATE ORIGINALS: This lease is executed in
duplicate originals each of which shall be considered an original
for all purposes.
34. -ENTIRE UNDER,STANDING: This lease sets forth the entire
upderstanding between the.parties'and.shall only be amended with
the prior written approval of LES~OR.
35. MAINTENANCE OF IMPROVEMENTS: LESSEE shall maintain the
real property contained within the leased premises and any
improvements located thereon, in a state of good condition,
working order and repair including, but not limited to, keeping
Page 10 of 13
Lease No. 3671
the leased premises free of trash or litter, maintaining all
planned improvements as set. forth in the approved Management
Plan, meeting all building and safety codes in the location
situated and maintaining any and all existing roads, canals,
ditches, culverts, risers and the like in as good condition as
the same may be on the effective date of this lease.
36. GOVERNING LAW: This lease shall be governed by and
interpreted according to the laws of the State of Florida.
37. SECTION CAPTIONS: Articles, subsections and other
captions contained in this lease are for reference purposes only
and are in no way intended to describe, interpret, define or
limit the scope, extent or intent of this lease or any provisions
thereof.
IN WITNESS WHEREOF, the parties have caused this lease to be
executed on the day and year first above written.
By:
D R
LANDS, DEPARTMENT
RESOURCES
OF THE INTERNAL
FUND_OF THE
PrInte or Typed Name
~'J;I tl. &..t
tness
!;J:;~.vlll ~.+L
PrInted or Typed Name
"LESSOR"
STATE OF FLORIDA
COUNTY OF LEON
;2,IThe foregoin in
~ day of a.
Director, DivISIon of
Resources, who is/are
not) take an oath.
trument wa~ acknowledged before me this
19~, by Percy W. Mallison, Jr., as
State Lands, Department of Natural
personally wn to me and who dI /(did
State of FlorIda
or stamped name:
(SEAL)
Commission Number:
CATHY LYNN WATKINS
EXPIlIfS
March 22. '8915
".,.,. fAIN INSUIWCE. K.
My Commission Expires:
Approved ~s to Form and
, " ;' " ~ ~
By: ,,/r..et:: vf{r>' (.
DNR Attorney
Page 11 of 13
Lease No. 3671
BOARD OF COUNTY COMMISSIONERS OF MONROE
CbUNTY, FLORIDA
J~"" ~ <1 t1. t&.r \<,(l,Ar
;arinted or Typed Name
-r~~d~
wi tness /
~c:ttr\c"o..:::r... 1<11ow\~.s
Printed or Typed Name
-
"LESSEE"
ATTEST: DANNY L. KOLHAGE, CLERK
By:!:l..uG. ~
Deputy Clerk
STATE OF F1DRIIlA
COUNTY OF MJNRDE
The fore~oing instrument was acknowledged before me this
~Cday of ~'LI:l~ 1GQ2>, by ~..l' ~~ ,as
~~6L , B rd of County
Commissione s of Mmrroe County, Florida, who is/are
personally known to me and who did/(did not) take an oath.
!t~~lr~~~i Florida
(SEAL) Printed, typed or stamped name:
~11,""" ~I"\'" ~ ~"":2:.e..,V'\
Commission Number: t. ~ \.., 3~ ~ ~
My Commission Expires:
RUTH ANN Jhh I it!\
@STATEOFFLCRlDA95
PublIc My Conrn Exp WYJ/
BONDED
A'~;~-i(~
~ql'i;:j .-
Page 12 of 13
Lease No. 3671
'. EXHIBIT "A"
LEGAL DESCRIPTION OF THE LEASED PREMISES
Black I ot Plat NO.5, KEY LARGO CITY, Plat Book 1,
Page 176, as recorded in the PUblic Records of Monroe
County, Florida.
AND
Block 3 of Plat No.5, KEY LARGO CITY, Plat BOok 1,
Page 176, as recorded in the Public Records of Monroe
County, Florida.
AND
Block 5 of Plat NO.5, KEY LARGO CITY, Plat Book 1,
Page 176, as recorded in the Public Records of Monroe
County, Florida,. excluding tots 24, 25, 58, 59, 60 and
61, and tots 8, 9, 44 and 45.
LESS AND .eXCEPT the "Replat"ted Land." which cons1ats of
Lots 1 through 7, inclusive, and Lots 30-43, inClusive,
of BlOCk 5 ot Plat NO.5, KEY LARGO CITY, Plat BOOk 1,
Page 176, as recorded in the Publ1c Records of Monroe
County, Florida, and any and all other land lYing
within the Revised Plat Portion Of Black 5, Plat No.5,
KEY LARGO CITY and Other Lands as recorded in Plat Book
3, Page 155, as. recorded in the PUblic Records of
Monroe County, FlOrida.
..
. ,'.
Page 13 of 13
Lease No.
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ATTACHMENT 2.B.I.
SOUTH STATION
(Total 8, pages_;
mannp 1.. itolbage
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. 1305) 743-9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 294.4641
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852.9253
M E M 0 RAN DUM
----------
To:
Reggie Paros,
Division Director/Public Safety
From:
Rosalie L. Connolly, Deputy Clerk
Date:
April 13, 1992
On January 8, 1992, the Board of County Commissioners
approved and authorized execution of a Lease Agreement with
Key Largo Volunteer Fire and Rescue Department, Inc.
regarding land in Sunset Cove Subdivision to be used for a
fire training facility, etc., WHICH LEASE HAS JUST BEEN
RECEIVED BY THIS OFFICE FOR FINAL PROCESSING AND TRANSMITTAL.
Attached for your handling and follow-through is one dupli-
cate original and one copy of the subject Lease, now exe-
cuted and sealed by all parties. The duplicate original
(raised seall should be returned to your Lessee and the copy
kept in your proper departmental files.
Rosalie L.
Deputy Clerk
Attachments
cc: County Attorney
County Administrator w/o document
Finance Director
File
LEASE AGREEMENT
WHEREAS, Key Largo Volunteer Fire and Rescue Department, Inc. (Lessor)
and Monroe County (Lessee) entered into a lease dated June 20, 1990 for
Sunset Cove Subdivision, Block 13, Lot 9 and 10 and
WHEREAS, the parties wish to rescind that Lease and enter into a new
Lease to include Lots 1-10, Block 13 of Sunset Cove Subdivision.
This contract of lease is made and entered into on the g day of
<)1l.L111fWl.I/ ,19~ by and between the KEY LARGO VOLUNTEER FIRE AND RESCUE
DEPARTMENT, INC., who is referred to as the lessor and MONROE COUNTY, a
political subdivision of the State of Florida, and who is referred to as
lessee. The parties agree for mutual promises and consideration to the
following:
1. DESCRIPTION AND PURPOSE
The lessor leases unto lessee the land located in Monroe County,
Florida and more particularly described as:
Sunset Cove Subdivision, Block 13, Lot 1, 2, 3, 4, 5, &, 7, 8, 9, and
Lot 10, according to the plat recorded in Plat Book 1 at page 1&5 of the
public records of Monroe County, Florida
The purpose of this lease is as follows: i) for lessee to construct a
fire training facility; ii) to provide a fire training facility to be used
by the Key Largo Volunteer Fire and Rescue Department, and providing that
the fire training facility shall be open and available for use by any
Monroe County Fire Rescue Department or other emergency services agency of
Monroe County as determined and scheduled by the Fire Marshal's Office:
iii) to provide a fire station for the exclusive use and occupancy of the
Key Largo Volunteer Fire and Rescue Department for fire and rescue
services to the public.
2 . TERM
Lessor leases the above premises for a term of
beginning ~"A ,19ca, and terminating
20Zl, at the annual rent of two dollars ($2.00).
thirty (30) years,
on d~uA'/ell {;)
3 . CANCELLATION
The Lease can only be terminated if both parties agree in writing.
Any decisjon to terminate Key Largo Volunteer Fire and Rescue
Department's ;~c\pancy of the fire station shall be considered a breach of
this agreem~nd cause for cancelation of same.
4. TAXES
Lessee shall pay and discharge when due, all state and local taxes,
assessment, levies, and other charges, if any, that may be imposed or
charged on the land or building and improvements now or hereafter built or
made thereon during the term hereof or any renewals.
5. REPAIRS AND MAINTENANCE
Lessee shall keep the demised premises and improvements in good repair
allowing for ordinary wear and tear provided such expenditures for repairs
are made according to law and within Lessee's fiscal and budgetary
capabilities.
6. UTILITIES
Lessee shall install and obtain all utility services required for the
demised premises.
7. IMPROVEMENTS
Lessee shall, within I ~ months from the date hereof, begin
construction of a fire station and fire training facility in accordance
with the plans and specifications agreed upon by the parties, contingent
upon funding by the Board of County Commissioners. If the parties cannot
agree as to the plans and specifications, the decision with regard thereto
shall be made by the Board of County Commissioners which decision shall be
final.
8. INSURANCE
Lessee shall keep the building insured against loss or damage by
reason of fire or loss to the extent of full insurable value thereof.
9. HOLD HARMLESS
Lessee agrees fully to indemnify and hold harmless, the lessor from
and against all claims and actions arising during the course of this
agreement. This hold harmless provision shall be limited to $100,000 for
anyone person or $200,000 arising out of the same incident or occurrence.
10. QUIET ENJOYMENT
Lessor agrees that, on payment of the rent and performance of the
covenants and agreements on the part of lessee, lessee shall peaceably
have and enjoy the leased premises and all rights and privileges of the
leased premises subject to Key Largo Volunteer Fire and Rescue
Department's use and occupancy as set forth above.
11. SURRENDER OF POSSESSION
Upon the expiration of this lease, lessee shall retain title to and
have right to remove any buildings or improvements located on the leased
premises within 180 days of date of expiration.
Page No. 2
12. NOTICES
Notices to lessor provided shall be sufficient if sent by certified
mail, postage prepaid, addressed to:
Key Largo Volunteer Fire/Rescue Inc.
Attention: President
P.O. Box 782 Key Largo, FL 33037
and notice to lessee, if sent by certified mail, postage prepaid,
addressed to:
Chairman of the Board of County Commissioners
P.O. Box 1Ei80
Key West, FL 33040
or to such other respective addresses as the parties may designate to
each other in writing from time to time.
13. SUCCESSORS AND ASSIGNS BOUND BY COVENANTS
All the agreements in this lease shall extend to and bind the legal
representatives, successors and assigns of the respective parties.
14. EFFECTIVE DATE
This lease cannot be in full force and effect until approved by the
Board of County Commissioners of Monroe County, Florida.
15. ENTIRE AGREEMENT
This agreement constitutes the entire agreement of the parties with
respect to its subject matter and supersedes any and all prior agreements
with respect to such subject matter between lessor and the lessee.
lEi. RENEWAL
At the expiration of this lease, lessee shall have the option to renew
this lease for two additional (30 year periods) under the same terms and
conditions. Lessee shall notify the Lessor in writing that it wishes to
exercise the option at least 30 days before the expiration of the lease.
17. RECESSION OF PRIOR LEASE
The lease of June 20, 1990, between the Parties is hereby rescinded.
18. CERTIFICATION OF TITLE
The lessor warrants that it has title to the premises and agrees to
furnish to Monroe County within ten (10) days of execution of this
document a certificate of title.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the
day and year first above written.
Page No. 3
(SEAL)
Attest: Danny L. Kolhage, Clerk
~L,~-1/)/
(CORPORATE SEAL)
Atte:t: ~
~ -'~~
Page No. 4
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA,
\._U'.'~.L"y-: . ~ ~ ..... ~"
Mayor/~hai~~. ,,,
KEY LARGO VOLUNTEER FIRE AND
RESCUE DEPARTMENT, INC.
~K16 -
Au ed Representative
APprovert tf:orm a. nd
legal s f c en y
by "-
Attorney's Office
~""J',((-'"
~ v, ,)7!J t't?J
~,~
:5 111.00
~O,CD
ThiJ inlll"'''',nt "01 fj',po,f'd by
CHARLes P. TITTLE
-.!II ..,. lAw omo.. 01
T1TTLI & TITTLI, _""
P.O. Dn;.., III
TAVIAN.IIt, I'lOIllIOA Q07'O
).) f/
~,
~Ufarranty larrd
w
'~ct~18 Jnbrnlurr,
r--
U)
o
(HAIUIOl, FOlM-\WIOH m.DI fI,)
I~~
Mod, I~'I
May
day 0'1
198 a , irlw,,"
THERESA BELLE GROSS,
individually and as Trustee
:::~Ol lhe (o"''''T 01
C~
LOS ANGELES
S,/al. 0'1
CALIFORNIA
KEY LARGO VOLUNTEER FIRE & RESCUE DEPT. INC.
V'Onlor.,ol'>d
..",,\~ P,,\I 011"" ocld'fll il
P.O.Box 1148, Key Largo, Florida 33037
CT\
('t") <,>( .~~ C C1,J"'" 0'1
CO
\.0 .i1n'lsrt~. Tllet ~o.d 9'0,,10', iN o~d 'I'> <on,'de'ol.on 0'1 l~f Ivm of TEN DOLLARS AND no/100ths
~ -----------------------------($10,00)----________________________
U">
MONROE
S,IOllel
FLORIDA
9'anl".,
00'110'1.
Cf"J J'he' "ooa end ~ol"'oblf <O''';(/e'ohon, Ie lo;d 9'''''lc' ill ~ond poid by .eid gronlle. th. rtceipl ...her.ef II hl..by
O,."o.....ledOt'd. 1'101 grollled, bo'go'n,d and lo'd '0' '~e IQid 9'onlee, a"d v'onlfr" l1e;f\ and ouign. 10'.....1 'I-.e 10110....;"11
de~",b~d lu"d. ,.1..,01. 111nO and beln~ ," MONROE CO,",'1ly. FhHiCSo, 10"""'1
Lots 1,2,4,5,7,8,9, and 10, Block 13, of SUNSET COVE,
acconHng to the Plat thereof I as recorded in Pl~t 8ook";'. ~
at Page 165, of the Public Records of Monroe Co~trr Fllrld~
o.r?~.. --;:,
Subject to restrictions of record, if any; eas&nie'nt8 ~ ":
for pUblic utilities and taxes for the Ourrent ~tJ I ~
subsequent years. of..... Vl
iI!r
"
..:?
~
"
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",
The above described property is vacant property~and no~
the Homestead of the Grantor herein who resides in
California.
Cl' c, ,) tl \j'Clnlo. doe, n"'et>~ 11,J;I~ W'"',ent Ike LI:. to la'd lund, ot>d ...ill dtl.nd the
pr..",e'l "ho'""'QCv",
. .0'::"'10'" C,..",j "IIIQnlet ;;;." vwd 10' ""lIvlo. Q' 1)1.."el. QI COnI... r.q..,i,c,
;1" mil"'.. lD~rrtl1r,
::"01'110' he. "~'c~'nl,J ,el (,l'OnlO'1 !land and ~"QI thf Oey Qnd y....r f,,1t obo.... "'''!I~..
~ .."..]. .."Ipd 0"..1 del,vtrea 'll (;>.." P'Ht'l\(~
-~.~<......~----
,h'1~ jJ~
~L/4e~ 61~1L~ is,,,
nIERESA BELLE G~OSSI in~ivtdual1y
2.!!9.._~~_Tru8tee i5p,,:
------_._------~---
::. '" ~
,',
CI\LHOHNIA
(;.1- .i~s A.cJG.~l.€'\.__
~1i'IFY tt;T c'" thi, d'l~ ~.f:{';e "'~ ')'
THERESA BELLE GROSS,
, ,", ~'"' t Q~ol,I,',oJ '0 !oke uL~"o...l.dl1m.nll. p."rI""cll" OPP.~'re~
ldividually and as Trustee
,"<p,
't,
,,:, I"r Iht 10"'10" ~e;:':t>~,l ,n 0--:.1 ..h" e>.,~,'lc;:r !h~ ICo'UIIO;r>~ 'nll'~rr,'n1 Qnd oc~"ow:.d;t." b.fo.. .... I~~'
;;(. ~'ecc"~d lkc IOrne
..., r~~;." ..,y t;o"d ond Qlii(.ol ~eql 'n II,.. C:Ol,;'lt,. on<:l 5t,,!~
I; 88.
1"~ld~..' ,dlhil ~ot::>~o MAY
___.ff ~~A'.l<<_r_
r" ..- elory P"b~~
M.y CJ""-ql'on eoO""
~UfJE
to/Iff')
~ O"I'KlO\L lU!"'L
~~~ .,.~o~~~~~'~.~:l~~!..'.
. '~\~-} l~;...~~~~~('~'::~~~~
\:'".1 ..r~"~"n'l,'onh~".U~..~O, f""
_......~...~'" " .._'",.' '..'
,:~ .,....! I..
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:-.t''1',
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I-'f --l:~ ,. . I' 'Il In tvlrVt-
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, J r)~ %cu....', . ~/ IU
-:..bY_____._~_~~
,-",.n ~. Y" I. II.:., !i:US r--et~son21 hept"e:;::::1ra
of the E~l .e of LLI~FUkD A. WHirl::., de
BY,
Jf:~"""J
y
7".------
........ ".
/ !,/~'- zi-
--_.~-----_._.._---~
SlAlE OF MA~SACHUSElT5
COUNTY OF
Before me the undersi8ned authority, personally appeared EMMA S. WH
who is to me well known and known to me to be ttle indivIdclal WilD e::ecut
f~.;.-;we80in8 F'et"'5onal Rept"'esentative's Deed, and he C\ckno~"'led8ed befot;e me
executed the same for the purposes therein expressed.
WITNESS my hand and ofticial seal
of tile afot'esaid Count>' and State, this
in the City of 1?~4::1:::rI
Isf day of Ardl, 1987.
~
'-fYi~ V '--fntLr ~ t!#-
NUTARY P LIL, State of Massachusetts
11y CommIssion E"pit-es: jt~cl7 /'190
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lHlS INSTRUMI::.NT PREPARED BY:
Karen A. Rooks, Branch Manaaer
GREAT AMERICAN TITLE & MORTGAGE
103150 Overseas Hi8hway
Key Lar~o, Florida 33037
C~.~lJ5) 451-448:.$
C011F'AtN
P~.r"'N In cr-~.-,' +.....~,y, _,
In !.~,:.n'-. ': " """-'fA .
R".,...o :",- 'r..
DA.t;~{r L. X-:....~:...,-
Cl",d: Ch:::J:l! Ccarl"
"
"
486729
./.:;' ',-,
(:> -
/.
-. . . .- . .
Rm 0 I 2 PAGED 5 8 8
PERSONAL REF'RESENTAT I VE . S OEED
THIS INOENTUI":E, eNecuted this /5f day Of~, 1987 by and between
deceased, Party of the First Part, and KEY LARGO VOLUNTEER FIRE/RESCUE DEPT.,
E!WIA S. I~HITE, as Pe/'sof1al Rept'esef1tative of the ElOtate of CLIFFOrm {.\. II/HITE,
INC., a Florida non-profit corporation, Party of the Second Part, whose
add"ess is: '';:;'bo5T Orr/CG -j3'''x 7F2-, ~Y/.A...eG"~ /-:(, .3.90.:37
WIT N E SSE T H:
th~ SUm OT
The Party Of the First Part. for and in considerati~, of the premises an
Tt;:N (U!il. RI!l') DOLLARS AND OTHER GOOD AND VALUABLE CON1IDERI\T ION in
s.'ants,
bat~8aing,
sell Is,
al iens,
t~emises, t~ele~ses, conveys a
hand P!(id,
confi/'ms to the Pa.'ty of the Second Pat't, theil' hei.,s and assigns fo/',eye,', th
ledl ~roperty in the County of Monroe, State of Florida, as described as,
TOGEl HER WI TH all imp,'ovements located the/'eon.
Lot 3, BlOCk 13, SUNSET COVE, as per plat thereof duly
recorded In the Public ReCords of Monroe County,
Flo/'ida, In Plat Book I, at Paee 165.
TUGETHER.
~iITH all
and singular the tenements,
he"ed I tamen ts
a,
apPLIr'C""Le'-' belonsins 01' in anywise appertain inS to that /'e&ll p,'oper'ty.
SUBJECT to ta',es fot' the yea,' 1987 and subse9uent year's,
,'est",ction
,-eser-yations, easements, and ~xceptions of record.
and a<:~~;i9ns, in fee S1mplEO} fOt"ever'lI
TO HAVE AND TO HULD the same to the Party of the Second Part,
theit' hel
Second F'a.t"'t,
AI,!) the F'c\t't>, of the Fit'st F'a/'t does covenant to and. I"i th the PiH'ty of t
C:llld alJuu t
the sale and this conveyance the Orders of Court and the Laws
their heirs and asslsns that In all things preliminary to and
FIoI'id.. have been fOllo'.ed and COmplied with in all I'espects.
IN
WITNESS WHEREOF,
th~ J:..!I........* _;.
"
,
I _
J."
486729
,~
/'
ml 0 12 PAGf0588
F'ERSONAL REP'RESENTATIVE' S DEED
THIS INDENTUliE, e>:ecuted this /::,1 _dOlY of ~, 1987 by and between
d8cea..ct, F'arty of the First Part, and KEY LARGO VOLUNTEER FIRE/RESCUE DEPT.,
E!1I1A S. I~HITE, as Pet"sonal r,ept"esentative of the E",tOlte of CLIFFOfW A. [.HIrE,
INC., a FIOt"ida non-pt"ofit COt"Pot"OItion, POII"ty of the Second POIt"t, whose
addt'ess is: ':;J1sr Orr/CG -.zs"x 712-, ~y /.A...ec~ ./-:<., .3-'30,37
WIT N E 5 SET H:
Thw Party of the First POIrt. for and in considerati~l of the premises .n
hand p~id,
th8 sum of TEN ($l!iJ.RlfiJ) DOLLARS AND OTHER GOOD AND VALUABLE CON'jIDERI~Tro~J in
gr"'a.nts,
bat"gains,
se lIs,
a1 iens,
remises, rele~6e5, corlveys a
confirms to the Party of the Second Part, their heirs and assigns fot'ever, th
ledl ~ru~erty in the County of Monroe, State of Florida, as described as:
Lot 3, Block 13, SUNSET COVE, 015 per plOlt thereof duly
recorded in the Public Records of Monroe County,
Florida, in Plat Book 1, at POIse 165.
TOSE1HER WITH 0111 improvements located thereon.
TUGETHER,
~JI TH all
.nd sinsular the tenements,
he,'editaments
a'
<<PPLwl."'c:e;; belongi.ng 01" in anywise appertaining to that t"eal pt'opet'ty.
SUBJECT to taKes for the year 1987 and subse9uent years,
,-est,',ction
,-eser.yations, easements, and ~xceptions of record.
TO HAVE AND TO HOLD the same to the Party of the Second Part,
thei," hei
and t1~:l'!:.;i8ns, in fee 51mplf:l fot..evet....
I'-\Im the F'a'"ty of the Fit"st Pat"t does covenant to and, t~ith the Pat'ty of t
Second F'at"t,
their heirs and assi8ns that in all things preliminary to .nd
o2llld aIJuLI t:
t~"" sale> and this conve)'ance the Dt"det"s of COLlt't al1d the Lilt.s
FIOt-ida have bel?n followed and complied with in all ,"espects.
IN WITNESS WHEREOF, the Party mf the
~ Q ~
r,ep,'esentOltive of the Estate of CLIFFORD A", lqtiITE,
mn""p
("):'-'~ ~
on the day and year first above written. ~~; ~
.10
DI Paid _"7' ..) , _ Dolo S- . to,e J 1
DANl"a MONROr. r;oUJ1TY --
~~~: ~cTi3~~~oI
.:,:::-' ...
.Ilo.
'.
'"0
" l>.
\-., ..
E; '" ~
'l> W
First Part, as Persona
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INTERLOCAL AGREEMENT
MONROE COUNTY AND KEY LARGO FIRE RESCUE
AND EMERGENCY MEDICAL
SERVICES DISTRICT
ATTACHMENT 3 INDEX
Memorandum of Understanding Between The Key Largo V o/unteer Fire Department, Inc. and Monroe
County Board of County Commissioners dated April 17, 1996.
ATTACHMENT 3 INDEX
A'ITACHMEllT J.
(Total J Pages)
)Bannl' 1.. .olbage
BRANCH omCE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 28U027
FAX (305) 289-1745
CLERK OF THB CIRCUIT COURT
MONROE COUNTY
500 WHITEHl!AD STREET
KEY WEST, FLORIDA 33040
TEL. (3051292-3550
FAX (305) 295-3/;60
BRANCH OI'FICE
88820 0VERSIlAS HIGHWAY
PLANTATION KEY, FLORIDA 3307ll
TEL. (305) 852-7145
FAX (305) 852-71%
;
MEMORANDUM
TO: Reale Paros
Director of Publk Safety
FROM:
Ruth Ann Jantzen .R.AA..
Deputy Clerk .,
April 30, 1996
DATE:
At the April 17,1996 County Commission Meeting, the Board cranted approval
and authorized execution ot a Memorandum ot Understanding between Monroe County
and the Key Larao Volunteer FIre Department, Inc., permitting the Monroe County
Emergency Manacement Department to utilize the Key Largo FIre Rescue Station #1 as
an Upper Keys Emergency Operations Center (EOC) during times of disastcr and
exercises.
Enclosed please find a tully exeeuted copy of the aboye Memorandum of
Understanding for return to Key Largo Volunteer Fire Department.
If you ban any questions regarding the above, please do not hesitate to contact
this office.
ee: County Attorney
Floance
County Administrator, wlo document
DUly Wagner,Jr.,D1reetor of Emergency Management
File .
MEMORANDUM OF UNDERSTANDING BETWEEN
THE KEY LARGO VOLUNTEER FIRE DEPARTMENT, INC.
AND MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
THIS MEMORANDUM OF UNDERSTANDING is made and entered into
between the KEY LARGO VOLUNTEER FIRE DEPARTMENT, INC., and
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, on behalf of its
EMERGENCY MANAGEMENT DEPARTMENT.
RECITALS
WHEREAS, KEY LARGO VOLUNTEER FIRE DEPARTMENT, INC. and
MONROE COUNTY EMERGENCY MANAGEMENT DEPARTMENT are mandated to
provide emergency services during times of disaster; and
WHEREAS, KEY LARGO VOLUNTEER FIRE DEPARTMENT, INC. is
willing to permit MONROE COUNTY EMERGENCY MANAGEMENT DEPARTMENT
to utilize the Key Largo Fire Rescue Station t1, located at MM
99.5 East Drive, Key Largo, FL, as an Emergency Operations
Center (EOC) in aid and support of the emergency response
efforts of the Emergency Management Department; and
WHEREAS, the parties wish to define the terms ~nd
conditions under which they shall operate in the e~n;:of~
disas:::: THEREFORE, for and in consideration of t~!:tu;l ~
promises contained herein, the parties do agree aS~~lo~ ~
1. The above recitations are true and correci:2~ ~ ~
- _ CII 0
2. GENERAL. KEY LARGO VOLUNTEER FIRE DEPARftENT, It. :JJ
agrees to allow MONROE COUNTY EMERGENCY MANAGEMENT DEPARTMENT
the use of the Key Largo Fire Rescue Station '1 facility fQr
the establishment of an Emergency Operations Center (EOC)
during hurricane emergencies, radiological emergencies, and
other disasters and during hurricane emergency preparedness and
radiological emergency preparedness training and exercise
sessions.
-rr
3. MONROE COUNTY USE OF EMERGENCY OPERATIONS CENTER.
MONROE COUNTY EMERGENCY MANAGEMENT DEPARTMENT shall be fully
responsible for the establishment, staffing, supplying, and
operation of the Emergency Operations Center (EOC) and for all
costs incurred in such. In the event of a disaster or an
exercise, the Director of MONROE COUNTY's Emergency Management
Department, or a designee, shall notify the President and Chief
of the KEY LARGO VOLUNTEER FIRE DEPARTMENT, INC. of the need to
establish an Emergency operations Center (EOC).
4. REPRESENTATIONS. KEY LARGO VOLUNTEER FIRE
DEPARTMENT, INC. makes no representations as to the adequacy of
the facility for the intended uses.
5. NOTICE. Where notice is required by this memorandum
of understanding, it shall be sent, whenever feasible under the
circumstances, by first class mail, or by personal delivery to
the parties at the following addresses:
For KEY LARGO VOLUNTEER FIRE DEPARTMENT, INC.:
President and Chief
Key Largo Volunteer Fire Department, Inc.
MM 99.5 East Drive
Key Largo, FL 33037
For MONROE COUNTY:
Director, Emergency Management Department
Monroe County
490 63rd Street, Ocean
Suite U50
Marathon, FL 33050
or such other address or manner as the parties may designate in
writing from time to time. In the event of an emergency,
notice may be given orally and confirmed in writing no less
than twenty-four (24) hours later.
6. TERM. This memorandum of understanding shall be
effective when signed by the last of all parties and shall
automatically renew from year to year.
7. MUTUAL COOPERATION. It is the intent of the parties
to aid each other in their common goal of providing emergency
management preparation. To this end, the parties shall
periodically confer to discuss changes that are required in
this memorandum of understanding or its implementation.
8. ENTIRE MEMORANDUM OF UNDERSTANDING. This memorandum
of understanding constitutes the full and final expression of
each party's intent and no provision may be changed or added,
unless by a writing executed with equal dignity and formality.
IN WITNESS WHEREOF, the parties do cause their officials
to execute this memorandum of understanding on the dates
indicated below.
~ ergen Nicola, President
Date: ~~vq?
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS,
a polWFal" ~bd~E!Kon of the State of Florida
By: c.> A"v_I~JAlf "....~
Date:~~
nAmn" '& 1W.bfl.A:aB.- SliI
DEPARTMENT, INC.
ATTEST:
BACK-UP
1. INTERLOCAL AGREEMENT KEY LARGO FIRE RESCUE AND EMERGENCY
MEDICAL SERVICES DISTRICT AND MONROE COUNTY dated November 16, 2005
terminating September 30,2006
INTERLOCALAGREEMENT
KEY LARGO FIRE RESCUE AND EMERGENCY MEDICAL
SERVICES DISTRICI' AND MONROE COUNTY
THIS INTERLOCAL AGREEMENT is, this 161h day of November, 2005, entered into pursuant
to Sec. 163.01, FS., by and between Monroe County (County), a political subdivision of the State of
Florida, and the Key Largo Fire Rescue And Emergency Medical Services District (District), an
independent special district of the State of Florida.
WHEREAS, pursuant to Monroe County Ordinance 31-1988, there existed a municipal services
taxing district for the provision of fire and rescue services in the Upper Keys; and
WHEREAS, the County has provided funding through said dependent district for fire and rescue
services; and
WHEREAS, the Legislature of the State of Florida has enacted Chapter 2005-329 estab1ishing the
Key Largo Fire Rescue And Emergency Medical Services District; and
WHEREAS, on July 20, 2005 the County passed Resolution No. 263-2005 to authorize On
October 4, 2005, a referendum election for the electors of the District to approve the District assessing
and imposing ad valorem taxes not to exceed one (1) mill; and
WHEREAS, said referendum was approved by the voters; and
WHEREAS, the County and the District desire to put in place procedures for an advance of funds
to allow the District to initiate operations; now therefore
IN CONSIDERATION of the mutual consideration and premises set forth below, the parties agree
as follows:
1. RElA TIONSIDP OF DISTRICf TO COUNfY. County recognizes the existence of the
independent district and its need for funding to set up administration and operations of a fire and rescue
services provider during the transition between the pre-existing provisions for such services and the
provision of services exclusively through the District. This interlocal agreement is intended solely as a
preliminary agreement, with a future interlocal agreement intended to be entered to define all of the
responsibilities and obligations of the parties to each other.
2. FUNDING. The County shall pay to the District the sum of $100,000 as an advance of funds
which will be derived from the annual ad valorem tax levied on real estate within the Special District.
The District must establish fiscal control and fund accounting procedures that comply with generally
accepted government accounting principles in order to a.'lSUre that the funds provided to the District are
spent for the purposes set forth in this agreement. Any funds transferred by the County to the District
under this agreement that are determined by the Clerk or an auditor employed by the other party or
employed by the State to have been spent on a purpose not contemplated by this agreement must be paid
back to the County with interest calculated pursuant to Sec. 55.03(1), FS, from the date the auditor
determines the funds were expended for a purpose not authorized by this agreement. The District agrees
to provide the Clerk of Monroe County with quarterly status reports concerning the expenditure of these
funds in sufficient detail to demonstrate compliance with the provisions of this agreement. All other
reimbursements and payments to the independent district will continue in the same manner in which they
have been handled until the District takes over all operations of said district. Funding under this
Agreement is contingent upon annual appropriation by the County.
3. USE OF FUNDS. The District shall utilize those funds described in Paragraph 2 and all other
funds collected in the district for the administration and operations of the District, to provide fire rescue
and EMS services in the District in accordance with Florida law.
4. TERM. This Agreement shall commence on December I, 2005, and terminate on September 30,
2006, unless terminated earlier pursuant to section 31, below, or unless extended by an amendment
approved in writing by both parties.
5. RECORDS - ACCESS AND AUDITS. Each party shall maintain adequate and complete records
for a period of four years after termination of this Agreement. The State, each party, their officers,
employees, agents and contractors shall have access to the other party's books, records, and documents
related to this Agreement upon request. The access to and inspection of such books, records, and
documents by the aforementioned government representatives shall occur at any reasonable time.
6. RElATIONSHIP OF PARTIES. District is, and shall be an independent special district pursuant
to Florida Statute Section 189 and not an agent or servant of the County. District shall exercise control,
direction, and supervision over the means and manner that its personnel, contractors and volunteers
perform the work for which purpose this Agreement is entered. District shall have no authority
whatsoever to act on behalf and/or as agent for the County in any promise, agreement or representation
other than specifically provided for in this Agreement. The County shall at no time be legally responsible
for any negligence on the part of District, its employees, agents or voluntccrs resulting in either bodily or
personal injury or property damage to any individual, property or corporation.
7. TAXES. District must pay all taxes and assessments, if any, including any sales or use tax, levied
by any government agency with respect to District's operations related to this agreement.
8. INSURANCE. The parties to this agreement stipulate that each is a state governmental agency as
defined by Florida Statutes and represents to the other that it has purchased suitable Public liability,
Vehicle Liability, and Workers' Compensation insurance, or is self-insured, in amounts adequate to
respond to any and all claims under federal or state actions for civil rights violations, which are not
limited by Florida Statutes Section 768.28 and Chapter 440, as well as any and all claims within the
limitations of Florida Statutes Section 768.28 and Chapter 440, arising out of the activities governed by
this agreement.
To the extent allowed by law, each party shall be responsible for any acts of negligence on the part of its
employees, agents, contractors, and subcontractors and shall defend, indemnify and hold the other party
harmless from all claims arising out of such actions.
County agrees to keep in full force and effect the required insurance coverage during the term of this
Agreement. If the insurance policies origina1ly purchased which meet the requirements of this agreement
are canceled, terminated or reduced in coverage, then District must immediately substitute complying
policies so that no gap in coverage occurs. Copies of current policy certificates shall be filed with the
County whenever acquired or amended.
KLFREMSD Inter10caJ 11105
2
9. HOIl) HARMlESS. To the extent allowed by law, each party is liable for and must fully defend,
release, discharge, indemnify and hold harmless the other party, its officers and employees, agents and
contractors, , from and against any and all claims, demands, causes of action, losses, costs and expenses
of whatever type - including investigation and witness costs and expenses and attorneys' fees and costs -
that arise out of or are attributable to the other party's operations in connection with this Agreement
except for those claims, demands, damages, liabilities, actions, causes of action, losses, costs and
expenses that are the result of the sole negligence of the other party. Purchase of the insurance required
under this Agreement does not release or vitiate a party's obligations under this paragraph. Neither party
waives any of its sovereign immunity rights including but not limited to those expressed in Section
768.28, Florida Statutes.
10. NON-DISCRIMINATION. The parties agree that there will be no discrimination against any
person, and it is expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action on the
part of any party, effective the date of the court order. The parties agree to comply with all Federal and
Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but
are not limited to: 1) Title VI of the Civil Rights Act of 1964 (pL 88-352) which prohibits discrimination
on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as
amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3)
Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC
ss.6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and
Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse;
6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of
1970 (pL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism;
7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 69Odd-3 and 29Oee-3), as
amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VI1l of the Civil
Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or
financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe
amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County
Code prohibitions against discrimination on the bases of race, color, sex, religion, disability, national
origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other
nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the
subject matter of, this Agreement.
11. GOVERNING LAW. VENUE. INTERPRETATION. COSTS. AND FEES. This Agreement shall
be governed by and construed in accordance with the laws of the State of Florida applicable to contracts
made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the enforcement or
interpretation of this Agreement, the parties agree that venue will lie in the appropriate court or before the
appropriate administrative body in Monroe County, Florida.
The parties agree that, in the event of conflicting interpretations of the terms or a term of this Agreement
by or between any of them the issue shall be submitted to mediation prior to the institution of any other
administrative or legal proceeding.
12.. ~EVERABn .ITY. !f any term, covenant, condition or provision of this Agreement (or the
applIcatIon thereof to any CIrcumstance or person) shall be declared invalid or unenforceable to any extent
by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this
KLFREMSD InterlocaI 11105
3
Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of
this Agreement shall be valid and shaIl be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would
prevent the accomplishment of the original intent of this Agreement. The County and District agree to
reform the Agreement to replace any stricken provision with a valid provision that comes as close as
possible to the intent of the stricken provision.
13. A TIORNEY'S FEES AND COSTS. The parties agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the enforcement or
interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court
costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall
include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings.
Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the
Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of
Monroe County.
14. BINDING EFFECI'. The terms, covenants, conditions, and provisions of this Agreement shall
bind and inure to the benefit of the parties and their respective legal representatives, successors, and
assigns.
15. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary governmental approval, as
required by law.
16. CLAIMS FOR FEDERAL OR STATE AID. The parties agree that each shall be, and is,
empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement.
17. ADJUDICATION OF DISPlITES OR DISAGREEMENTS. The parties agree that all disputes
and disagreements shall be attempted to be resolved by meet and confer sessions between representatives
of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer
session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners.
If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the
right to seek such relief or remedy as may be provided by this Agreement or by Florida law.
18. COOPERATION. In the event any administrative or legal proceeding is instituted against either
party relating to the formation, execution, performance, or breach of this Agreement, County and District
agree to participate, to the extent required by the other party, in all proceedings, hearings, processes,
meetings, and other activities related to the substance of this Agreement or provision of the services under
this Agreement. County and District specifically agree that no party to this Agreement shall be required
to enter into any arbitration proceedings related to this Agreement.
~9. COVENANT OF NO INTEJlF~T. County and District covenant that neither presently has any
mterest, and shall not acquire any interest, which would conflict in any manner or degree with its
performance under this Agreement, and that only interest of each is to perform and receive benefits as
recited in this Agreement.
~. CO~E OF ETHICS. .Each party agrees that officers and employees of that party recognize and
WIll be reqUired to comply WIth the standards of conduct for public officers and employees as delineated
KLFREMSD Inlerlocal 11/05
4
in Section 112.313, Florida Statutes, regarding. but not limited tu, solicitation or acceptance of gifts;
doing business with one's agency; unauthorized compensation; misuse of public position, conflicting
employment or contractual relationship; and disclosure or use of certain information.
21. NO soucrr ATIONIP A YMENT. The County and District warrant that, in respect to itself, it has
neither employed nor retained any company or person, other than a bona fide employee working solely
for it, to solicit or secure this Agreement and that it bas not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working solely for it, any fee,
commission, percentage, gift, or other consideration contingent upon or resulting from the award or
making of this Agreement. For the breach or violation of the provision, each party agrees that the other
party shall have the right to terminate this Agreement without liability and, at its discretion, to offset from
monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or
consideration.
22. PUBUC ACCESS. The County and District shall allow and permit reasonable access to, and
inspection of, all documents, papers, letters or other materials in its possession or under its control subject
to the provisions of Chapter 119, Florida Statutes, and made or received by the County and District in
conjunction with this Agreement; and the non-breaching party shall have the right to unilaterally cancel
this Agreement upon violation of this provision by the other party.
23. NON-WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida
Statutes, the participation of the County and District in this Agreement and the acquisition of any
commercial liability insurance coverage, self-insurance coverage, or local government liability insurance
pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any
contract entered into by the District be required to contain any provision for waiver.
24. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation,
and other benefits which apply to the activity of officers, agents, or employees of any public agents or
employees of the County, when performing their respective functions under this Agreement within the
territorial limits of the County shall apply to the same degree and extent to the performance of such
functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the
County.
25. NON-DF.T .F.GATION OF CONSTITUTIONAL OR STATUTORY DUTIES. This Agreement is
not intended to, nor shall it be construed as, relieving any participating entity from any obligation or
responsibility imposed upon the entity by law except to the extent of actual and timely performance
thereof by any participating entity, in which case the performance may be offered in satisfaction of the
obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as,
authorizing the delegation of the constitutional or statutory duties of the County, except to the extent
permitted by the Florida constitution, state statute, and case law.
26. NON-REllANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the
terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or
entitlement to or benefit of any service or program contemplated hereunder, and the County and District
agree that neither the County nor the District or any agent, officer, or employee of either shall have the
authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals,
KLFREMSD bllerloeallllOS
5
entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or
superior to the community in general or for the purposes contemplated in this Agreement.
27. ATTESTATIONS. Each party agrees to execute such documents as the other party may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free
Workplace Statement.
28. NO PERSONAL UABIlXI'Y. No covenant or agreement contained herein shall be deemed to be
a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her
individual capacity, and no member, officer, agent or employee of Monroe County shall be liable
personally on this Agreement or be subject to any personal liability or accountability by reason of the
execution of this Agreement.
29. EXECUTION IN COUNfERPARTS. This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken together shall constitute
one and the same instrument and any of the parties hereto may execute this Agreement by singing any
such counterpart.
30. SECTION HEADINGS. Section headings have been inserted in this Agreement as a matter of
convenience of reference only, and it is agreed that such section headings are not a part of this Agreement
and will not be used in the interpretation of any provision of this Agreement.
31. TERMINATION. The County may treat District in default and terminate this Agreement
immediately, with 60 days prior notice, upon failure of District to comply with any provision related to
compliance with all laws, rules and regulations. This Agreement may be terminated by County due to
breaches of other provisions of this Agreement if, after written notice of the breach is delivered to District
does not cure the breach within 7 days following delivery of notice of breach. The District may terminate
this Agreement upon giving sixty (60) days prior written notice to County. Any waiver of any breach of
covenants herein contained shall not be deemed to be a continuing waiver and shall not operate to bar
either party from declaring a forfeiture for any succeeding breach either of the same conditions or
covenants or otherwise.
32. ASSIGNMENT. Neither party may assign this Agreement or assign or subcontract any of its
obligations under this Agreement without the approval of the other party's governing board. All the
obligations of this Agreement will extend to and bind the legal representatives, successors and assigns of
County and District.
33. SUBORDINATION. This Agreement is subordinate to the laws and regulations of the United
States, the State of Florida, and the County, whether in effect on commencement of this Agreement or
adopted after that date.
34. INCONSISTENCY. If any item, condition or obligation of this Agreement is in conflict with
other items in this Agreement, the inconsistencies shall be construed so as to give meaning to those terms
which limit each party's responsibility and liability.
35. GOVERNING fA WSIVENUE. This Agreement is governed by the laws of the State of Florida and
the United States. Venue for any dispute arising under this Agreement must be in Monroe County,
KLFREMSD Inte,locallllOS
6
Florida. In the event of any litigation, the prevailing party is entitled to a reasonable attorney's fee and
costs.
36. Enncs CLAUSE. District warrants that it has not employed, retained or otherwise had act on its
behalf any former County officer or employee subject to the prohibition of Section 2 of ordinance No.
010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For
breach or violation of this provision, the County may, in its discretion, terminate this Agreement without
liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise
recover, the full amount of any fee, commission, percentage, gift or consideration paid to the former
County officer or employee.
37. CONSTRUCfION. This Agreement has been carefully reviewed by County and District.
Therefore, this Agreement is not to be construed against any party on the basis of authorship.
38. NOTICES. Notices in this Agreement, unless otherwise specified, must be sent by certified mail
to tbe following: X co I "'"
~ :. r=
~~ 25 1'"1
i'ii!::-< < 0
Mr. Bill Andersen n:X,... 1\0 ."
99330 Overseas Highway€!C'>;'; Cot g
Key Largo, FL 33037 ~~~ ~ ::>:)
:<:-tj; ~
~ Q W C
r- ", _ ::0
.> 0
39. FULL UNDERSTANDING. This Agreement is the parties' final mutual undemandin~
replaces any earlier agreements or understandings, whether written or oral. This Agreement cannot be
modified or replaced except by another written and signed agreement.
FOR COUNIY:
County Administrator
1100 Simonton Street
Key West, FL 33040
FOR DISTRICT:
S WHEREOF, the parties hereto have set their hands and seals the day and year first
~~
BOARD OF COUNIY COMMISSIONERS
OF MONROE CO , FLORIDA
By
Mayor rson
(SEAL)
KLFREMSD Interloca11l105
7
KEY LARGO FIRE RESCUE AND
~
SERVIC DIS I
By
Chairperson
MONROE COUNiY ATTORNEY
~OV~
~N E . ur ON
DI.. T'"fl '/9~il'PORNEY
I
Attest:
By
Oerk