Item J04
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 15 December 2004
Bulk Item: Yes -1L. No
Division:
Growth Management
Department:
Marine Resources
AGENDA ITEM WORDING:
Approval to waive lhe requirement of a "Hold Harmless Agreement" for the Nalional Marine Sanctuary Program during ils use of lhe
Maralhon Emergency Operation Center (EOC), for lhe specific purposes of using the EOC in two slaged emergency drills responding
10 lhe pOlenlial of a ship grounding wilh a consequenl oil spill and the general purpose of using any County facililies for meelings.
ITEM BACKGROUND:
NOAA would like 10 requesl a waiver from Monroe Counly for use of the EOC for two evenls as lhey prohibited from signing the
hold harmless agreement. They appreciate any assistance provided in this matter. Federal government entilies at all levels are
prohibited from signing indemnification and hold harmless agreemenls because il amounts 10 a commitment of funds in violalion of
the Anti-Deficiency Act. Under lhe Federal Tort Claims ACl, 28 U.S.C. 2671 et. seq., lhe federal governmenl will promptly consider
and adjudicale any and all claims for damage and injuries caused by negligent or wrongful acts of our employees. The two even Is
scheduled in the Marathon EOC are a lab Ie top exercise in March of 2005 and a 2-day emergency response drill in April of 2005, and
are designed 10 lesl the abilily of NOAA, its co-trustees, and response agencies at the local, stale and federal level. The specific
incident in lhis drill will be a large ship grounding thaI will include an oil spill. NOAA is expecting to work primarily wilh Monroe
County, FDEP, and USCG slaff for both of these events to create a Unified Command, and wishes 10 ulilize lhe EOC which is lhe
mosl appropriate facility for thaI type of response effort. This event, while focused in the Florida Keys National Marine Sanctuary, is
a lesl of NOAA's broader response capabilities and assets and is expecled 10 be a high profile evenl wilh VIP parlicipation from lhe
Depuly Secretary of Land and Recreation, the Depuly Under Secrelary for Oceans and Almosphere of NOAA, USCG. non-
governmental organizalions and possibly congressional members or slaff.
PREVIOUS RELEVANT BOCC ACTION:
NA
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATIONS;
Approval
TOTAL COST:
COST TO COUNTY:
REVENUE PRODUCING: Yes
BUDGETED: Yes
SOURCE OF FUNDS:
No
No
APPROVED BY:
County Atty
NA
NA
Risk Management NA.
OUNT Per Month
Year
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
DISPOSITION:
Included -1L. To Follow
Not Required
AGENDA ITEM NO.: ~
BC041220
11/18/2004 3:43 PM
NOV-17-2004 WED 04:35 PM
FAX NO.
p, 02
Hold Hannless Agreement
Subject: Hold Harmless Agreement
From: tConnerl @doc.gov
Date: Fri, 8 Oct 2004 14:02:34 -0400
To: Lisa.Symons@noaa.gov
Lisa - The Hold Harmless Agreement you faxed me cannot be exe=uted.
Federal Government entities are prohibited from signing indem~ification and
hold holnnless agreeIl'Bnts beoause this am.:.Junts '1:0 the commitment of
unappropriated funds in violation of the Anti-Deficiency Act.
What YClu can do i6 agree to prompl:ly consider and adjUdicate! dny and all
claims for damage and injuries caused by the negligent or wrongful act$ of
our employees as per the terms of the Federal Tort Claims Act, 28 U.S.C.
2671 et seq.
M. Timothy Conner
Chief, General Litigation DiVision
Office of the General Counsel
U. S. Department of Comrerce
14'l:h & constitution Avenue, N.W.
Room 5890
Washington, D.C. 20230
Phone. ~02-4B2-1069; Fax: 202-4a2-~e~8
tconner~~doc.qov
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