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Item C26BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 16, 2007 Division: Emergency Services Bulk Item: Yes X No Department: EmergencManagement Staff Contact Person: Jose Tezanos AGENDA ITEM WORDING: Approval of an 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. ITEM BACKGROUND: The funds to reimburse the City of Marathon originate from a Grant intended to perform eligible activities as identified in the Office of Grants and Training Fiscal Year 2006-07 State Homeland Security Grant Program (SHSGP), consistent with the Department of Homeland Security State Strategy. PREVIOUS RELEVANT BOCC ACTION: BOCC approval on October 18, 2006 of an application of a Federally -Funded Subgrant Agreement with the State of Florida, Division of Emergency Management Contract ## 07DS-5N-11-54-01-353 in the amount of $20,309.00. OMB Resolution No. 524-2006 was approved creating Revenue Budget 125-13520-331200OS-GE0720 CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: It is appropriate to approve Monroe County and the City of Marathon Interiocal Agreement for reimbursement of their Fire Rescue employees' participation in the Marathon Airport Exercise. BUDGETED: Yes X No SOURCE OF FUNDS: Grant funds ! 71 gip: 1 1 • APPROVED BY: County Atty Yes OMB/Purchasing Yes Risk Management Yes DOCUMENTATION: Included X Not Required AGENDA ITEM # Revised 8/06 Meeting Date: May 16, 2007 Bulk Item: Yes X No Division: Emergency_ Services Department: Emergency Management Staff Contact Person: Jose Tezanos vim•. AGENDA, ITEM WORDING: Approval of an 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. ITEM BACKGROUND: The funds to reimburse the City of Marathon originate from a Grant intended to perform eligible activities as identified in the Office of Grants and Training Fiscal Year 2006-07 State Homeland Security Grant Program (SHSGP), consistent with the Department of Homeland Security State Strategy. PREVIOUS RELEVANT BOCC ACTION: BOCC approval on October 18, 2006 of an application of a Federally -Funded Subgrant Agreement with. the State of Florida, Division of Emergency Management Contract 4 07DS-5N-11-54-01-353 in the amount of $20,309.00. OMB Resolution No. 524-2006 was approved creating Revenue Budget 125-13520-3312000S-GE0720. (�O_NTRACT/AGREEMENT CHANGES-: -NIA STAFF RECOMMENDATIONS: It is appropriate to approve Monroe County and the City of Marathon Interlocal Agreement for reimbursement of their Fire Rescue employees' participation in the Marathon Airport Exercise. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT S5idMARY Cj+0 6j kUrAVn Contract with: State -i B I Contract #07DS 5N-11-54-01-353 Effective Date: July 1, 2006 Expiration Date: January 31, 2008 Contract Purpose/Description: Approval of an ILA between Monroe County and the City of Marathon for participation in a disaster drill simulating a mock disaster at the West end of the Marathon AiEport. This ILA is intended to reimburse the Municipality-ug to $2 000.00 from a sub ant in the amount of 20,309 for activities performed by off -duty employees during the Marathon Ai art Exercise held FebruaU 8 2007. These activities were eligible as identified in the Office of Grants and and training Fiscal Year 2006-07 State Homeland Security Grant Program SHSGP), consistent with the De artment of Homeland Security State Strategy. Please route to OMB and RM. Contract Manager: Jose Tezanos 6325 14 (Name) (Ext.) (Department/Stop #) for BOCC meeting on May 16, 2007 A Endo Deadline: Ma 1, 2007 CONTRACT COSTS Total Dollar Value of Contract: $ 20,309.00 Current Year Portion: $ 20,309.00 Budgeted? Yes® No ❑ Account Codes: 125-13520-GE0720-50540- Grant: $ 20,309.00 - - - - County Match: $ 0 - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, sa CONTRACT REVIEW Division Director Date In '/-�71 Changes Needed Yes❑No❑-''" Date Out vi r Risk Management O.B./Pu2hasing iW0I Yes❑ No[ 44N jp Yes❑ No❑ f 4,X-0 County Attorney Now Comments: 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"). ��rr�-+�**��++cc fir.=1t` WITNE' SSE H: 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- 11-54-0-353 (hereinafter "SUBGRANT"), pursuant to which COUNTY received a total of $20,309.00 to provide planning, training and exercises under the State Homeland Security Grant Program — Issue 06; and VMEREAS, under the terms of the SUBGRANT, COUNTY's representative with responsibility for administration of the SUBGRANT is Monroe County Emergency Management; and WHEREAS, on February 8, 2007, Monroe County Emergency Management conducted a training exercise at Marathon Airport, during which representatives from Marathon Airport, Monroe County Sheriff's Office, Monroe County Fire Rescue, Marathon Fire Rescue, Fishermen's Hospital and Monroe County Emergency Management participated in a disaster drill simulating a mock disaster at the west end of Marathon Airport in which, among other things, Marathon Fire Rescue extinguished a fire, assessed and stabilized mock accident victims, and transported them to local medical centers; and MWEREAS, Marathon Fire Rescue assigned and paid off -duty employees to participate in the training exercise VVMREAS, Monroe County Emergency Management desires to use a portion of the SUBGRANT funds in order to reimburse the Marathon Fire Rescue for its payment for these employees. NOW TTIEREFORE, COUNTY and CITY, through their respective governing bodies, and in consideration of the mutual promises and covenant herein contained, hereby agree as follows: Section 1.. Services. On February 8, 2007, City of Marathon Fire Rescue provided a off duty employees, for a disaster drill administered by Monroe County Emergency Management. Section 2. Payrment. COUNTY agrees to reimburse CITY up to two thousand dollars ($ 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. Page 1 of 4 Scion 3a TeR�a it tQo � "Ails it t,TTEFLO'Ul�L A;EME-1,I u v'Ali gem inek—1 upon ref,-eipt by CITY of the funds referenced above, Sections 4. Notices. .All notices and other communications required under this rNTERLOCAL AGREEMENT inust be in writing and addressed as follows: If to COUNTY: Irene Toner, FFEM, CP 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 Ivey Nest, FL 33041-1026 If to CITY: Michael H. Puto 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 delivery service with proof of delivery. Section 5. Governing Law. This INTERL®CAL, 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 16f Judicial Circuit for Monroe County, Florida. This Agreement is not subject to arbitration. Section 6. Entire A ree ent odifi tiou/Amend ente This writing sets forth the entire agreement of the parties with respect to the subject matter of this INTERL®CAL 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 writing signed by both parties. Page 2 of 4 evd%n . Access to Rey } 'ds and Anditts, In addition. to any o tieF Fights car -Fi,- v,- pon the Parties under the Florida Governn-ient 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 r ated to this INTERL®CAL AGREEMENT. Either party may cancel this INTERL CAL 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. Ikon -Reliance By 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 sei vice 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 INTERLGCAL AGREEMENT separate and apart, inferior to, or superior to, the community in general, or for the purposes contemplated in this INTERL®CAL AGREEMENT. Section 9. 'faxes. COUNTY is exempt from payment of Florida State Sales and Use taxes. Section 10. Severabilityo If any term or provision of this INTERLCCAL .AGREEMENT shall to any extent be held invalid or unenforceable, the remainder of this INTERL®CAL 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 patty to this INTERL®CAL 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 M®U 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 INTERL®CAL AGREEMENT may be executed in several counterparts, each of which shall be deemed an original and such counter -parts shall constitute one and the same instrument. Page 3 of 4 ATTEST- ]DA KY L. KOHLAGE, CLERK WO ATTEST. Deputy Cleric City cleric u y `� y J_,„ II'`��A`�'..S' r3���� f�_gzo.. h"f:kei�ta. C,Gl� �d�l�.F st fl Y°�, H ' OE CGUNTY BARD OF COUNTY COMMISSJONERS By: Mario Da Gennaro Mayor Page 4 of 4- I L Michael H. Puto City Manager Sponnson°ed by. Auto CITY OF MARATHON, FLORIDA RE SOLUTION 2007-58 �. WHEREAS, on October 18, 2006, COUNTY entered into a Federally -Funded Subgrant Agreement with the State of Florida, Departtment of Community Affairs, Contract No. 07-DS-5N-I 1- 54-0I -353 (hereinafter "SUBGRANT"), pursuant to which COLIITY received a total of $20,309.00 to provide planning, training and exercises under the State Homeland Security Grant Program — Issue 06; and WHEREAS, 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 Sheriff's 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; and WHERE AS, 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, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARATHON, FLORIDA, that: Section I., The above recitals are true and correct and incorporated herein. Section 2. Council authorized the City Manager to sign the lnterlocal Agreement With Monroe County to Reimburse The City up to Two Thousand ($2,000) as Payment for reimbursement for Off —Duty Marathon Fire Rescue Employees to Participate in a Disaster Drill Training Exercise held February! 8, 2007. .4a= Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Marathon, Florida, this 1 Oth day of April, 2007. th—r&'topher-k. Bull, Mayor- 4 AYES: Cinque, Tempest, Vasil, Worthington, Bull NOES: None ABSENT: None ABSTAIN: None Diane Clavier, City Clerk (City Seal) APPROVE, D AS TO FORM AND LEGALITY d FOR ' THE USE ANalp RELIANCE OF THE CITY T t OF MARATHON,FLORIDA ONLY: City Attorney'