Item R56
CM
ounty of onroe
BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers, District 3
Mayor Pro Tem George Neugent, District 2
TheFloridaKeys
Danny L. Kolhage, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
August 17, 2016
Agenda Item Number: R.5
Agenda Item Summary #1974
BULK ITEM: DEPARTMENT:
No County Attorney's Office
TIME APPROXIMATE:STAFF CONTACT:
Bob Shillinger (305) 292-3470
no
AGENDA ITEM WORDING:
Approval of an interlocal agreement with the Monroe County
Mosquito Control District to provide county employees to supplement the District's workforce on a
temporary, as needed basis.
ITEM BACKGROUND:
The Monroe County Mosquito Control District (the District) is currently
engaged in efforts to suppress the aedes aegypti mosquito which can carry and transmit Zika and
other viruses. The District has requested assistant of the Commission to provide additional
out the terms under which County employees would be utilitzed to assist District employees in their
efforts to suppress the Zika virus. In short, each participating County employee would be paired
with a District employee should the District, in working in conjunction with the Health Department,
determine that it needs to ramp up its suppression efforts even further. The ILA contemplates that
the use of County employees would be temporary in nature and of limited duration.
Under the agreement, the County would continue to pay its employees and be responsible for all of
the applicable insurances for these employees and the District would do the same for its employees.
Due to the pressing
County employees would be acting under the authority.
nature of this item, the draft ILA submitted at the revised agenda deadline has yet to be
finalized but it is not expected to depart from the essentials of the draft. Staff will circulate the
ILA once the language has been finalized for presentation to both the District Board and the
Commission.
PREVIOUS RELEVANT BOCC ACTION: None.
CONTRACT/AGREEMENT CHANGES:
None
STAFF RECOMMENDATION:
Approval
DOCUMENTATION:
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2016 ILA FKMCD Monroe County 8.9.2016
FINANCIAL IMPACT:
Effective Date: 8/17/16
Expiration Date: n/a
Total Dollar Value of Contract: Unknown.
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match
:
Insurance Required:
Additional Details:
REVIEWED BY:
Cynthia Hall Completed 08/09/2016 5:10 PM
Bob Shillinger Completed 08/09/2016 6:01 PM
Budget and Finance Completed 08/10/2016 8:55 AM
Maria Slavik Completed 08/10/2016 9:02 AM
Kathy Peters Completed 08/10/2016 10:50 AM
Board of County Commissioners Pending 08/17/2016 9:00 AM
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INTERLOCAL AGREEMENT
BETWEEN THE
FLORIDA KEYS MOSQUITO CONTROL DISTRICT
AND
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
THIS INTERLOCAL AGREEMENT
is made and entered into this
_____ day of _______________ by and between Monroe County , a political
subdivision of the State of Florida, and the Florida Keys Mosquito Control District (the
an independent special taxing district of the State of Florida (collectively, the
.
WHEREAS
, the County is authorized by Section 125.01(1)(w), Florida Statutes, to
perform any act not inconsistent with law which is in the common interest of the people of the
county; and
WHEREAS,
the District was established in 1950 by Monroe County, Florida and was
created by special act of the Florida Legislature, Ch. 02-346, Laws of Fla., for the purpose of
controlling and eliminating mosquitos and has been empowered by the legislature to do any and
all things that may be necessary to eliminate and control mosquitoes in Monroe County; and
WHEREAS,
the Parties are authorized by Section 163.01(4), Florida Statutes, to enter
into an interlocal agreement to carry out their independent powers; and
WHEREAS,
the District is currently engaged in suppression of the aedes aegypti
mosquito which carries and transmits the Zika virus, an illness causing fever which has been
linked to birth defects in children born to an infected mother, and such virus is a clear and
present danger to the welfare and safety of the citizens of Monroe County; and
WHEREAS,
the County desires to support
virus
should there be a need to immediately inspect and treat specific areas of concern; and
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WHEREAS
, it is the intent and desire of the Parties to coordinate efforts and work
together in suppression of the aedes aegypti mosquito which carries and transmits the Zika virus,
while remaining in the framework of Section 112.24, Florida Statutes;
NOW, THEREFORE IN CONSIDERATION OF
the mutual promises and conditions
contained herein, the Parties agree as follows:
1.SCOPE
. The Parties shall cooperate in support of reducing and eliminating the
spread of the Zika Virus as follows:
COUNTY RESPONSIBILITY:
A.
County shall provide support to the District in the form of County employees to
assist in the reducing the spread of the Zika Virus through suppression and elimination of the
aedes aegypti mosquito.
DISTRICT RESPONSIBILITY:
B.
District shall accept help from the designated County employees, bringing such
.
2.TERM
:
A.This agreement shall remain in force and effect until terminated by either of the
Parties, on written notice to the other. Continuation of this Agreement beyond one (1) fiscal year
is subject to annual appropriation of the Monroe County Board of County Commissioners.
B.The deployment of County employees with District Employees shall only be upon
joint agreement as to when such deployment is necessary.
C. The time for each deployment is to stay within the framework of Section 112.24,
Florida Statutes.
3. ADDITIONAL PROVISIONS:
A. The parties agree that the County will deploy employees to work alongside the
District employees at the request of the District and on the condition that the employees are
available for us. The District shall request the employees when it believes there is such a need for
help and support from the County employees. The County will confirm the availability of such
employees and the time and date of deployment if agreeable.
B. The County employees working with the District employees shall continue to be
deemed an employee of the County for all purposes, including but not limited to wages and
benefits, and all labor contracts then in force applicable to the County employees will continue to
be in force regarding said employee(s).
C. The District employees working with the County employees shall continue to be
deemed an employee of the District for all purposes, including but not limited to wages and
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benefits, and all labor contracts then in force with respect to the District employees will continue
to be in force regarding said employee(s) and shall continue to be the employee of the District.
D. This Agreement shall constitute the entire understanding between the parties and
any oral or written agreements heretofore exchanged between the parties are deemed to be
merged herein. Any modifications to this Agreement shall require a document in writing
executed with the same formality as this agreement.
E. Nothing herein shall be deemed to waive the sovereign immunity provisions
applicable to the parties and specifically the provisions of Chapter 768 of the Florida Statutes.
F. Nothing herein shall be deemed to be for the benefit of any third party.
G. The County at any time may recall any of its employees deployed hereunder for
any reason deemed to be appropriate by the County and there shall be no entitlement to such
support by the District. Likewise, the District may deny the use of such County employees for
any reason deemed to be appropriate by the District.
H. Each Party will be responsible for its own negligence and shall indemnify the
other party for liability attributable to the party charged with such negligence.
I. The Parties shall equally share the expense for additional equipment needed for
the cooperation.
J. The Parties shall jointly seek any and all reimbursement needed from FEMA, with
the understanding that the County will take lead in the reimbursement process with the District
aiding and facilitating in any reimbursement efforts with the County. The Parties agree to
cooperate and to participate to the extent required by the other party in the reimbursement
process.
K. Each Party is responsible for any and all insurance coverages for all purposes,
including but not limited to insurance coverages for their respective employees.
L. The County agrees to not use any information gathered by employees of either
party as evidence in a code compliance proceeding brought pursuant to chapter 162, Florida
Statutes.
4.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 District
actions, as required by law.
5. 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
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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.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed as of the day and year first written above.
MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS
By:
Mayor
ATTEST:
Clerk
FLORIDA KEYS MOSQUITO CONTROL
DISTRICT
By:
Michael Doyle, Director
ATTEST:
Clerk
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