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Item C31BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 15, 2008 Bulk Item: Yes X No Division: Emergency Services____ Department: Fire Rescue Staff Contact Person/Phone #: Claudia Wilkerson Phone 305-289-6014 AGENDA ITEM WORDING: Amendment of Contract with Department of Agriculture and Consumer Services, Division of Forestry for providing fire protection to forest and wild lands within the County, amending the third recital paragraph and paragraphs 1 & 2, to reflect a change in acreage, fee per acre, and annual cost. ITEM BACKGROUND: Section 125.27, Florida Statutes, provides that the Division of Forestry of the Department of Agriculture and Consumer Services shall enter into agreements with the Board of County Commissioners of each county in the State for the establishment and maintenance of countywide fire protection of all forest and wild lands within said county. In the terms of said agreement, each county shall be assessed each fiscal year with its share of the cost of providing such fire protection a sum in dollars equal to the total forest and wild land acreage of the county, as determined by the Department, multiplied by a given rate. In addition, this agreement provides for the Division of Forestry personnel to respond to structural and vehicular fires, at the county's request, and to invoice Monroe County for cost reimbursement. The Division of Forestry has two rangers housed on Big Pine Key to provide this service. PREVIOUS RELEVANT BOCC ACTION: On November 21/22, 1995 the Board approved an agreement with Division of Forestry concerning fire protection. CONTRACT/AGREEMENT CHANGES: The acreage covered changed from 42,221 to 44,239. The rate charged per acre changed from $.03 to $.07. The resulting annual assessment changed from $1,266.63 to $3,096.73. STAFF RECOMMENDATIONS: Recommend Approval. TOTAL COST: $3,096.73 COST TO COUNTY. $3,096.73 _ REVENUE PRODUCING: Yes APPROVED BY: County Atty DOCUMENTATION: Included _ DISPOSITION: Revised 11/06 BUDGETED: Yes X No 00101 530490 SOURCE OF FUNDS: No X MOUNT PER MONTH Year /Purteasing Risk Management Not Required AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Department of Contract ##001928 Agriculture and Consumer Services, Division of Forestry Effective Date: Expiration Date: October 1, 2008 Ongoing Contract Purpose/Description: Amendment of contract providing fire protection to forest and wild lands with County, amending the third recital paragraph and paragraphs 1 & 2, to reflect a change in acreage, fee tiler acre and annual cost. f Contract Manager: for BOCC Claudia Wilkerson (Name) on October 15, 2008 6014 Fire Rescue, Stop #14 (Ext.) (Department/Stop #) genda Deadline: September 30, 2008 CONTRACT COSTS Total Dollar Value of Contract: $ 3096.73 Current Year Portion: $ Budgeted? Yes® No ❑ Account Codes:-00101-530490 Grant: $ - - - County Match: $ - - - Estimated Ongoing Costs: (Not included in dollar value at r ADDITIONAL COSTS For: Keffillif 3096.73 8 Changes Date Out Dat In Needed e fewer Division Director Jp I ? Yes❑ Nog I-DA /0'? Risk Mana me nt/ i Yes❑ No[� _ 4 ��� O.M.B./Purchasing 14 Yes❑ No a County Attorney f- 0..p 9 Yes❑ NoRl t-`-�- I Comments: 46 - Florida Department of Agriculture and Consumer Services . Page l of 2 CHARLES H. BRONSON, Commissioner The Capitol _Tallahassee, FL 32399-0800 FDACS CONTR 4vT CONTRACT AMENDMENT 001928 Please Respond To: Division of Forestry - Forest Protection Bureau 3125 Conner Blvd. Suite A Tallahassee, FL 32399-1650 July 31, 2008 Monroe County RE: Amendment of Contract # 1928 dated 12/11/95. This letter, upon execution by both parties and attachment to the original contract shall serve to amend said contract. The contract shall be amended as follows: The third recital paragraph and paragraphs 1 & 2, are amended as follows: FROM WHEREAS, Section 125.27, Florida Statute, also provides that each county shall, under the terms of this agreement, be assessed each fiscal year as its share of the cost of providing such fire protection a sum in dollars equal to the total forest and wild land acreage of the county, as determined by the Department, multiplied by three cents ($.03), and 1. The Department shall provide fire protection for 42,221 acres of forest and wildlands within County. 2. The County shall, under the terms of this agreement; pay to the Department annually as its share of the cost of providing such fire protection, $1,266.63, said receipts to be deposited in the General Revenue Fund of the State. TO WHEREAS, Section 125.27, Florida Statute, also provides that each county shall, under the terms of this agreement, be assessed each fiscal year as its share of the cost of providing such fire protection a sum in dollars equal to the total forest and wild land acreage of the county, as determined by the Department, multiplied by seven cents ($.07), and 1. The Department shall provide fire protection for 44,239 acres of forest and wild lands within County. DACS-010186 Rev 09107 Florida Agriculture and Forest Products $ 97 Billion for Florida's Economy Florida Department of Agriculture and Consumer Services Page 2 of 2 CHARLES H. BRONSON, Commissioner The Capitol - Tallahassee, FL 32399-0800 CONTRACT AMENDMENT 2. The County shall, under the terms of this agreement; pay to the Department annually its share of the cost of providing such fire protection $3,096.73, said receipts to be deposited as prescribed by Florida Statute. NO OTHER PROVISIONS OF THIS CONTRACT ARE AMENDED OR OTHERWISE DACS-010186 Rev 09107 (Signature) (Title) (Company) (Date) MONROE COUNTY ATTORNEY AR ROVED AS TO OR CYNTHIA -� 7 YNT. H,4LL ASSISTAN COUNTY ATTORNEY Date_ �- 30, -ok-- Florida Agriculture and Forest Products $ 97 Billion for Florida's Economy FCACS CONTRACT j. Rev. 10/95 c� C STATE OF FLORIDA COOPERATIVE AGREEMENT N -j BETWEEN DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES DIVISION OF FORESTRY The County of MONROE , in the State of Florida 42,221 Acres Land THIS COOPERATIVE AGREEMENT, made and entered into this 21 s t day of November 19 9 5 , by and between the State of Florida, Department of Agriculture and Consumer Services, Division of Forestry, hereinafter called the "Department," and the County of Monroe of the State of Florida, Hereinafter called the "County." WHEREAS, Section 125.27, Florida Statues, provides that the Division of Forestry of the Department of Agriculture and Consumer Services shall enter into agreements with the Board of County Commissioners of each county in the State for the establishment and maintenance of county wide fire protection of all forest and wild lands within said county, and WHEREAS, Section 125.27, Florida Statutes, also provides that each county shall, under the terms of this agreement, be assessed each fiscal year as its share of the cost of providing such fire protection a sum in dollars equal to the total forest and wild land acreage of the county, as determined by the Department, multiplied by three cents (3c), and WHEREAS, Section 125.27 Florida Statutes, also provides that the Division of Forestry may include in this agreement other services directly related to fire protection within the county, other than forest fire control, on a cost reimbursable basis only, NOW, THEREFORE, this Cooperative Agreement shall be in full force and effect on and after November 21 , 1995 , and shall continue in full force and effect until superseded by a new agreement or cancelled by the Florida Statutes. The department shall provide wildland fire protection for 42.221 acres of forest and wild lands within MONROE County, 2. The County Shall, under the terms of this agreement, pay to the Department annually as its share of the cost of providing such wild land fire protection $ 1,2 66.63 , said receipts to be deposited in the General Revenue Fund of the State as required by the Statute. The Department shall respond to structural and vehicular fires from the southern end of the Seven Mile Bridge to Cudjoe Key as dispatched by the county. 4. The Department shall provide the county quarterly invoices and copies of all incident reports for services provided other than forest fire control to which the Division of Forestry was the initial attack responding unit. The currently published rates for labor and equipment in the Division of Forestry's Fire Manual will be used for reimbursement. The County shall, under the terms of this agreement reimburse the Department quarterly from invoices provided by the Division of Forestry. Said receipts to be deposited in the Division of Forestry's Incidental Trust Fund. 6. Mutual aid requests from the County for structural and vehicular fire protection in which the Division of Forestry was not the initial attack responding unit shall not be reimbursable under the terms of this agreement. 7. No amendment, addendum, or changes in this agreement shall be valid and binding upon the parties hereto unless such amendment, addendum, or changes are reduced to writing and executed by both parties. 8. "Notwithstanding anything to the contrary contained elsewhere in this agreement, the Department shall have the right to terminate its agreement to respond to structural and vehicular fires as set forth in paragraph number 3 above upon giving the County 94 days written notice." IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. STATE OF FLORIDA, DEPARTMENT OF THE BOARD OF COUNTY AGRICULTURE AND CONSUMER COMMISSIONERS MONROE SERVICES, DIVISION OF FORESTRY County, Florida By. • Commissioner of Agriculture ChairVaB Date: koA,4,, w- itness rc / Witness Date: DAWY L. KOLHAGE, Clerk Attest e. 1 Clerk of Circuit Court ApPADVEDA� in r-r•-••