05/16/2007 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
May 17,2007
TO:
Irene Toner, Director
Emergency Management
ATTN:
FROM:
Jose Tezanos
Emergency Management Planner
Pamela G. Hanc~
Deputy Clerk CJ
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 F,ebruary 8, 2007.
Interlocal Agreement between Monroe County and Islamorada, Village of Islands to
reimburse th'l Municipality $3,200.00 for the cost of instruction of National Incident Management
System (NfMS) 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: Counlty Attorney
Finan,;;e
File.l
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT is entered into this 16 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 the City of Marathon, a municipal corporation organized and existing
under the laws of the State of Florida (hereinafter "CITY").
WITNESSETH:
WHEREAS, on October 18, 2006, COUNTY entered into a Federally-Funded Subgrant
Agreement with the State of Florida, Department of Community Affairs, Contract No. 07-DS-5N-
11-54-01-353 (hereinafter "SUBGRANT"), pursuant to which COUNTY received a total of
$20,309.00 to provide planning, training and exercises under the State Homeland Security Grant
Program ~ Issue 06; and
WHERE:AS, under the terms of the SUBGRANT, COUNTY's representative with
responsibility for administration of the SUBGRANT is Monroe County Emergency Management;
and
WHEREAS, on February 8, 2007, Monroe County Emergency Management conducted a
training exercise at Marathon Airport, during which representatives from Marathon Airport,
Monroe County Sheriffs Office, Monroe County Fire Rescue, Marathon Fire Rescue, Fishermen's
Hospital and Monroe County Emergency Management participated in a disaster drill simulating a
mock disaster at the west end of Marathon Airport in which, among other things, Marathon Fire
Rescue extinguished a fire, assessed and stabilized mock accident victims, and transported them to
local medical centers; and
WHEREAS, Marathon Fire Rescue assigned and paid off-duty employees to participate in
the training exercise
WHEREAS, Monroe County Emergency Management desires to use a portion of the
SUBGRANT funds in order to reimburse the Marathon Fire Rescue for its payment for these
employees.
NOW THEREFORE, COUNTY and CITY, through their respective governing bodies, and
in consideration of the mutual promises and covenant herein contained, hereby agree as follows:
Section I. Services. On February 8, 2007, City of Marathon Fire Rescue provided a
off-duty employees, for a disaster drill administered by Monroe County Emergency Management.
Section 2. Pavment. COUNTY agrees to reimburse CITY up to two thousand dollars
($ 2000.00) for the actual cost of the Marathon Fire Rescue off-duty employees provided for the
disaster drill from the SUBGRANT funds within thirty (30) days of the execution of this ILA by
both parties in order to compensate CITY for participation costs by actual employees. CITY agrees
that payment is conditional upon delivery to COUNTY by CITY of (a) After Action Report (AAR)
and (b) Improvement Plan Matrix.
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Section 3. Termination. This INTERLOCAL AGREEMENT will terminate upon
receipt by CITY 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:
[fto 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 CITY:
Marathon City Manager
10045-55 Overseas Highway
Marathon, FL 33050
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 delive:ry 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 MOU shall be in Monroe County, Florida, in the Sixteenth Judicial
Circuit Court. Mediation conducted regarding this Agreement shall be performed according to the
rules of the 16th Judicial Circuit for Monroe County, Florida. This Agreement is not subject to
arbitration.
Section fl. Entire Al!reement/Modification/Amendment. This writing sets forth 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 fOlth herein. No agent, employee, or other representative of either party is
empowered to modify or amend the terms of this Agreement, unless in writing signed by both
parties.
Section 7. Access to Records and Audits.
In addition to any other rights conferred
Page 2 of 4
upon the parties under the Florida Government in the Sunshine Law or the Florida Public Records
Act, and except to the extent that disclosure is prohibited by the Health Insurance Portability and
Accountability Act of 1996 or another federal or state law, 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.
Section 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
CITY 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 AGREEMENT separate
and apart, inferior to, or superior to, the 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 MOU 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.
Page 3 of 4
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement the day and year
first above ~~'Il,
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By:
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By:'-~(~LLr
City Clerk
CITY OF MARATHON
By:
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Michael H. Pula
City Manager
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