05/16/2007 Agreement 0
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: May 17, 2007
TO: Irene Toner, Director
Emergency Management
ATTN: Jose Tezanos
Emergency Management Planner
FROM: Pamela G. Hanel'
Deputy Clerk
At the May 16, 2007, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
Interlocal Agreement between Monroe County and the City of Marathon to reimburse the
municipality up to $2,000.00 for the actual cost of their off-duty Marathon Fire Rescue
employees' services. These services were provided during a disaster drill held at the Marathon
Airport on February 8, 2007.
iInterlocal Agreement between Monroe County and Islamorada, Village of Islands to
reimburse the Municipality $3,200.00 for the cost of instruction of National Incident Management
System (NIMS) Intermediate Incident Command System (ICS) courses. This reimbursement will
be paid from a Federally-Funded Subgrant Agreement with the State of Florida, Department of
Community Affairs, Contract No. 06-DS-3W-11-54-01-309.
Enclosed is a duplicate original of each of the above-mentioned for your handling. Should
you have any questions please do not hesitate to contact this office.
cc: County Attorney
Financ,6
Filed
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT is entered into this 16th day of May,
2007, by and between the Board of County Commissioners of Monroe County, a
political subdivision of the State of Florida (hereinafter "COUNTY"), and
Islamorada, Village of Islands, a municipal corporation organized and existing
under the laws of the State of Florida (hereinafter "VILLAGE").
WITNESSETH:
WHEREAS, on October 19, 2005, COUNTY entered into a Federally-
Funded Subgrant Agreement with the State of Florida, Department of Community
Affairs, Contract No. 06-DS-3W-II-54-0 1-309 (hereinafter "SUB GRANT"),
pursuant to which COUNTY received a total of$36,322.00 to provide planning,
training and exercises under the State Homeland Security Grant Program - Issue
08; and
WHEREAS, under the terms of the SUBGRANT, COUNTY may disburse
the funds for any planning, training and exercises deemed an eligible activity
under the terms of the SUB GRANT; and
WHEREAS, under the terms of the SUBGRANT, COUNTY's
representative with responsibility for administration of the SUB GRANT is
Monroe County Emergency Management; and
WHEREAS, with the above-referenced funds, Monroe County Emergency
Management desires to provide four National Incident Management System
(NIMS) Intermediate Incident Command System (rCS) courses (rCS-IOO, -200,-
300, and -400) to COUNTY's first responders and Emergency Operation Center
(EOe) personnel; and
WHEREAS, in accordance with the purpose of the SUBGRANT,
VILLAGE agreed to provide instructional personnel for an ICS-300 class; and
WHEREAS, the parties as local governments may enter into Interlocal
Agreements pursuant to section 163.01, Florida Statutes for the purposes of
providing assistance to each other and/or to reduce the cost burden to the taxpayer;
NOW THEREFORE, COUNTY and VILLAGE, through their respective
elected governing bodies, and in consideration of the mutual promises and
covenant herein contained, hereby agree as follows:
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Section 1. Services. On November 14-16,2006, VILLAGE
provided an ICS-300 training class to COUNTY first responders and EOC
personnel, using properly certified instructors and complying with all terms and
conditions of the SUBGRANT. Both the COUNTY and VILLAGE agree that the
training was sufficient and that only reimbursement is left to be accomplished.
Section 2. Pavment. COUNTY agrees to reimburse VILLAGE for
actual charges for the cost of instruction up to $3,200.00 from the SUBGRANT
funds within thirty (30) days of the execution of this ILA by both parties in order
to compensate VILLAGE for actual instructional costs. VILLAGE agrees that
payment is conditional upon delivery to COUNTY by VILLAGE of (a) the sign-in
sheet showing the training session participants, and (b) an itemized invoice to
VILLAGE from the instructor.
Section 3. Termination. This INTERLOCAL AGREEMENT will
terminate upon receipt by VILLAGE of the funds referenced above.
Section 4. Notices. All notices and other communications required
under this INTERLOCAL AGREEMENT must be in writing and addressed as
follows:
If to COUNTY:
Irene Toner, FPEM, CPM
Director
Monroe County Emergency Management
490 63rd Street, Ocean
Suite 150
Marathon, FL 33050
With a copy to:
Suzanne A. Hutton, Esq.
Monroe County Attorney
P.O. Box 1026
Key West, FL 33041-1026
If to VILLAGE:
Village Manager
Islamorada, Village of Islands
81990 Overseas Highway
P.O. Box 568
Islamorada, FL 33036
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With a copy to:
Nina Boniske, Esq.
Village Attorney
Weiss Serota Helfman
Pastoriza Cole & Boniske
2525 Ponce DeLeon Blvd., Suite 700
Coral Gables, FL 33134
Any Notice required by this Agreement shall be deemed to have been duly
given if sent by certificate mail, return receipt requested, postage and fees prepaid;
hand delivered; facsimile; or by overnight delivery service with proof of delivery.
Section 5. Governinl! Law. This INTERLOCAL AGREEMENT
shall be construed in accordance with and governed by the laws of the State of
Florida.. Exclusive venue for any litigation arising out of this INTERLOCAL
AGREEMENT shall be in Monroe County, Florida, in the Sixteen Judicial Circuit
Court. This Agreement shall not be subject to arbitration.
Section 6. Entire Al!reement/Modification/Amendment. This writing
sets fOlth the entire agreement of the parties with respect to the subject matter of
this INTERLOCAL AGREEMENT. No representations were made or relied upon
by either party, other than those expressly set forth herein. No agent, employee, or
other representative of either party is empowered to modify or amend the terms of
this Agreement, unless in a writing signed by both parties.
Section 7. Access to Records and Audits. In addition to any other
rights conferred upon the parties under the Florida Government in the Sunshine
Law or the Florida Public Records Act, both parties shall have the right to
examine and audit any records involving transactions related to this
INTERLOCAL AGREEMENT. Either party may cancel this INTERLOCAL
AGREEMENT for refusal to allow access to any records pertaining to work
performed under this Agreement that are subject to the Florida Government in the
Sunshine Law or the Florida Public Records Act.
S'~ction 8. Non-Reliance Bv Non-Parties. No person or entity shall be
entitled to rely upon the terms of this Agreement, in order to enforce or attempt to
enforce any third-party claim or entitlement to or benefit from any service or
program contemplated hereunder, and COUNTY and VILLAGE agree that neither
party, nor 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
INTERLOCAL AGR~EMENT separate and apart, inferior to, or superior to, the
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community in general, or for the purposes contemplated in this INTERLOCAL
AGREEMENT.
Section 9. Taxes. COUNTY is exempt from payment of Florida State
Sales and Use taxes.
Section 10. Severabilitv. If any term or provision of this INTERLOCAL
AGREEMENT shall to any extent be held invalid or unenforceable, the remainder
of this INTERLOCAL AGREEMENT shall not be affected thereby, and each
remaining term and provision shall be valid and enforceable to the fullest extent
permitted by law.
Section 11. Waiver. The failure of either party to this
INTERLOCAL AGREEMENT to object to or take affirmative action with respect
to any conduct of the other in violation of any term or condition of this
INTERLOCAL AGREEMENT shall not be construed as a waiver of the violation
or breach, or a waiver of any future violation, breach, or wrongful conduct.
Section 12. Counterparts. This INTERLOCAL AGREEMENT
may be executed in several counterparts, each of which shall be deemed an
original and such counterparts shall constitute one and the same instrument.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT
BLANK]
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals
the day and year first written above.
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~ ,~4t~ L. KOLHAGE, Clerk
AfiEsI }?;',rl'lMY L. KOIIL\CE,
" COtJNJY' q-:ERK
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Deputy Clerk
ATTEST: VILLAGE CLERK
By:
-1d~~ ~
VILLAGE CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY: ~if~
Mario Di Gennaro, Mayor
MONROE COUNTY ATTORNEY
~.P~lTO J!:ff':
~VNTH'A L. HALL
ASSISTAN r COUNTY ATTORNEY
Date_..f:.,~:? - 0 =I
ISLAMORADA, VILLAGE OF ISLANDS
~
BY:
- n,,, oem", ~'Ym
APPROVED AS TO FORM
AND lEGALITY FOR THE
USE AND BENEFIT OF
ISlAMORADA. VillAGE OF
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VlllAGi ATTORNEY.
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