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Item D18 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 20, 2006 Division: Emergency Services Bulk Item: Yes X No Department: Fire Rescue Staff Contact PersonlPhone#: Darice Hayes / 6004 AGENDA ITEM WORDING: Approval of a Modification to the 2005-2006 State Homeland Security Grant Program (SHSGP) Memorandum ofDnderstanding (MOD) relating to Domestic Preparedness which would extend the original expiration date to February 28, 2007. ITEM BACKGROUND: The Department of Financial Services, Division of State Fire Marshal (SFM) in conjunction with the Department of Community Affairs has made available to Local Governments the use of Homeland Security Grant funds to be used for enhancement and refinement of domestic preparedness efforts. An original MOD for the period of January 18, 2006 through August 30, 2006 was entered into between MCBOCC for Fire Rescue and the SFM. The SFM offered an extension date to the original MOD of February 28, 2007 by means of an electronic message, which Fire Rescue responded to in the affirmative. This Modification to the MOD is required by the Department of Financial Services, SFM to officially extend the grant contract to February 28,2007. PREVIOUS RELEVANT BOCC ACTION: At the January 18, 2006 BOCC meeting the Board granted approval and authorized execution of a MOD for Expenditure of Local Government Unit Funding for Florida Type II Technical Rescue Resource (Light Technical Rescue Team) from 2005 Domestic Preparedness Grant State Homeland Security Grant Program between the Florida Department of Financial Services, SFM and MCBOCC for its Fire Rescue Department. CONTRACT/AGREEMENT CHANGES: The effective dates of the MOD that is in place between the Florida Department of Financial Services, Division of State Fire Marshal and MCBOCC for Fire Rescue is January 18, 2006 through August 30,2006. The Modification to the MOD will extend the original terms to February 28,2007, STAFF RECOMMENDATIONS: Grant funds made available to Monroe County was in the amount of no less than $10,830.62 in order to have Fire Rescue field personnel trained in State Fire Marshal approved NFPA 1670 Operational Level training courses. Additional training expenses can be incurred and the SFM is allowing for this by extension of the original agreement. In view of the foregoing, Acting Chief James Callahan recommends approval of the Modification to the MOD. TOTAL COST:$O.OO BUDGETED: Yes No COST TO COUNTY: $0.00 REVENUE PRODUCING: Yes SOURCE OF FUNDS: Grant No X AMOUNT PER MONTH Year APPROVED BY: County Atty YES OMB/Purchasing YES Risk Management YES DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 11/06 MEMORANDUM ATTACHMENT TO AGENDA ITEM SUMMARY Meeting Date: December 20, 2006 Division: Emergency Services Bulk Item: Yes X No Department: Fire Rescue Staff Contact Person: Darice Hayes AGENDA ITEM WORDING: Approval of a Modification to the 2005-2006 State Homeland Security Grant Program (SHSGP) Memorandum ofDnderstanding (MOU) relating to Domestic Preparedness which would extend the original expiration date to Febmary 28,2007. ITEM BACKGROUND: The u.s. Department of Homeland Security, Office of Domestic Preparedness had made available 2005 Domestic Preparedness Grant funds to the Florida Department of Financial Services, Division of State Fire Marshal (SFM). The SFM is the administrative agency for Fire Rescue under federal grant guidelines, and is able to designate funds to Local Government to be used for planning, equipment, training, exercise and management and administrative purchases and activities directly related to Domestic Preparedness. A Letter of Commitment for Participation and Receipt of Funding (Exhibit A) was provided by the SFM which outlined what the contract (MOU) would provide for as far as the amount of funding available to Monroe County (approximately $10,000), what Monroe County Fire Rescue's (MCFR) responsibility was in receiving this funding, and further reinforced the County's commitment to Homeland Security Domestic Preparedness. The County Administrator signed the Letter on December 27,2005. An original MOU for the period of January 18,2006 through August 30, 2006 was entered into between MCBOCC for Fire Rescue and the SFM. MCFR, according to the State's guidelines, used the funds for Florida Type II Technical Rescue Resource (Light Teclmical Rescue Team) training, any backfill related to training, and tuition costs. Funds at MCFR's disposal were no less than $10,830,62. The SFM offered an extension date of February 28, 2007 to the original MOD by means of an electronic message. Due to the fact there are still funds available to MCFR, Fire Rescue responded in the affirmative on August 31, 2006, The Modification to the MOU that is being put before the MCBOCC for its approval is required by the Department of Financial Services, SFM to officially extend the grant contract to Febmary 28, 2007 PREVIOUS RELEVANT BOARD ACTION: At the January 18, 2006 BOCC meeting the Board granted approval and authorized execution of a MOD for Expenditure of Local Government Unit Funding for Florida Type II Technical Rescue Resource (Light Technical Rescue Team) from 2005 Domestic Preparedness Grant State Homeland Security Grant Program between the Florida Department of Financial Services, SFM and MCBOCC for its Fire Rescue Department. Funds were to be used for planning, equipment, training, exercise and management, administrative purchases, and activities in Domestic Preparedness. CONTRACT/AGREEMENT CHANGES: The current effective date of the MOD that is in place between the Florida Department of Financial Services, Division of State Fire Marshal and MCBOCC for Fire Rescue is January 18, 2006 through August 30,2006. The Modification to the MOD will extend the original terms to February 28,2007, STAFF RECOMMENDATIONS: Grant funds made available to Monroe County was in the amount of no less than $10,830.62 in order to have Fire Rescue field personnel trained in State Fire Marshal approved NFP A 1670 Operational Level training courses (Light Technical Rescue Team), Additional training expenses can be incurred and the SFM is allowing for this by extension ofthe original agreement. In view of the foregoing, Acting Chief James Callahan recommends approval ofthe Modification to the MOD. 2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Contract # - Florida Dept. of Financial Effective Date: August 29.2006 Services, Div. of State Fire Marshal Expiration Date: February 28, 2007 Contract Purpose/Description: Modification to 2005 - 2006 State Homeland Security Grant Program (SHSGP) Memorandum of Understanding Contract Manager: Darice Hayes 6004 Fire Rescue / Stop #14 (Name) (Ext. ) (Department/Stop #) for BOCC meeting on Dec, 20, 2006 Agenda Deadline: Dec. 5,2006 CONTRACT COSTS Total Dollar Value of Contract: $0.00 Budgeted? YesD No D Account Codes: Grant: $ County Match: $ Current Year Portion: $ - - - - - -- -------. - - - ~ - - - ------..-..-.- - - - - ...............---- - - ~ ~ - - -----.--... .........-- - Estimated Ongoing Costs: $/yr ADDITIONAL COSTS For: To extend original Memorandum of Understanding for Grant fund disbursement for Fire Rescue Dept, to train in State Fire Marshal approved NFP A 1670 Operational Level training courses. (Not included in dollar value above) CONTRACT REVIEW Date In Changes No,dod ~.iewer YesD NoD . YesDNo~ . < Date Out Risk Manag,men\i' ~\\ ,:\1.0..: o S&B ./Purch~sing lU2~ ~~.Y"ONo~~5 /;j~ YesDNo~ ~ ~ l Division Director County Attorney Comments: OMB Form Revised 2/27/01 Mep #2 MODIFICATION TO 2005-2006 STATE HOMELAND SECURITY GRANT PROGRAM (SHSGP) MEMORANDUM OF UNDERSTANDING THIS MODIFICATION is made and entered into by and between the State of Florida, Depaliment of Financial Services, Division of State Fire Marshal ("SFM") and the Momoe County Board of County Commissioners for its Fire Rescue Depaliment ("RECIPIENT"), to modify the Memorandum of Understanding for Expenditure of Local Government Dnit Funding for Florida Type II Technical Rescue Resource (Light Technical Rescue Team) from 2005 Domestic Preparedness Grant State Homeland Security Grant Program ("the MOD"), on , 2006. WHEREAS, the SFM and RECIPIENT entered into MOD FM 235; WHEREAS, the MOD expires on August 30, 2006; and WHEREAS, SFM and RECIPIENT desire to modify the MOD by extending it. NOW, THEREFORE, in consideration of the mutual promises ofthe parties contained herein, the parties agree as follows: 1. The effective date of this Modification is August 29,2006. 2. The provision of the MOD that defines the expiration date thereof hereby amended to have an expiration date of February 28,2007, Final requests for reimbursement should be submitted no later than thirty (30) days after the termination date of the MOD as modified hereby. Any requests received after January 31,2007, may not, in the discretion of SFM, be reimbursed. 3. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the MOD. 4. All provisions of the MOD being modified and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform with this Modification, effective August 29,2006. IN WITNESS WHEREOF, the parties hereto have executed this document as set forth below. LOCAL GOVERNMENT UNIT MONROE COUNTY BOCC DEP ARTMENT OF FINANCIAL SERVICES, DIVISION OF STATE FIRE MARSHAL By: Title: By: Title: MONROE COUNTY ATTORNEY ~ROVED AS (1.0RM' . ~p),~ NATllEENE W. CASSEL. ASS~}ANT COUNTY AiiOt1NEY DatA -:2?- D(" EXHIBIT A Page 1 of 1 Letter of Commitment for Participation and Receipt of Funding This document serves as the below listed agency's intent to continue to provide Type II Technical Rescue Resource (Light Teclmical Rescue Team) service to the State and its ability to accept funding administered by the Division of State Fire Marshal, Dept. of Financial Services to assist with the provision of that service. The letter of commitment will be replaced by a contract in the immediate future and the purpose of this document is to serve notice ofthis agency's intent to participate. The contract will be between Monroe County Board of County Commissioners for its Fire Rescue Department and the Division of State Fire Marshal, Dept. of Financial Services. This funding is part of the funding provided to Florida by the Department of Homeland Security, Office of Domestic Preparedness (GDP) for FY 2005-2006. The contract will provide approximately $10,000,00 in training funds (which can be used for tuition, backfill and overtime) for Division of State Fire Marshal approved courses, The contract will have "no less than" figures, as experience has shown additional funds may become available when not used by other fire department recipients, and we will want to malce that available to other fire department recipients. The contract will also outline Monroe County Fire Rescue's responsibility as one of the State-funded Type II Teclmical Rescue Resource (Light Technical Rescue Team) to meet the Typing Guidelines as adopted by the Division of State Fire Marshal. Additionally, this contract will require your agency's Type II TeclmicaI Rescue Resource (Light Technical Rescue Team) continued role as a Regional Domestic Security Task Force resource, and that your agency will comply with the contract requirement of quarterly reporting of expenses, In order to ensure funding, the contract!!!!!!! be executed within 60 days of receipt. If you have any questions, please do not hesitate to contact John Delorio, who will be the contract manger for this program this year, You can reach Jolm at iOhn.deiolio@fldfs,com or 352-369-2840, This document needs to be returned at or before the planning/training meeting scheduled for 10:00 a.m., January 18,2006 at the Florida State Fire College. For: Monroe County Board of Count Commissioners for the Si er/title: Tom 1. Willi, Count Administrator Authorized point of contact: Clark O. Martin, Jr. Name/title: Fire Chief f e-maillphone/fax: martin-clark@monroecountv-fl.gov / 305-289-6088 1305-289-6007 mailing address: 490 63rd St., Marathon, FL 33050 ~ ~ <::\.r-~" .""""'~n t1'1>,,-r~.,.!J , '_ - ~ ,c' ~h" I '~~~-0 \Wrll~tll, ,_:" ~~ Cliil_tJ . ~ lP je e/ '. ',>>i" ,\~ .~~. ' ~'3, ~;, . . MEMORANDUM OF UNDERSTANDING t~;\i<;' FOR EXPENDITURE OF LOCAL GOVERNMENT UNIT FUNDING'" FOR FLORIDA TYPE II TECHNICAL RESCUE RESOURCE (LIGHT TECHNICAL RESCUE TEAM) e~Vdi,~/"h' i'i~ FROM 2005 DOMESTIC PREPAREDNESS GRANT STATE HOMELAND SECURITY G~l,f~q~N;fisHAl "'1:'"". ?: D ~U!Jb r'}~~~ ..:.:.. .f,) .,.. THIS AGREEMENT is entered into by and between the Monroe County Board of County Commissioners for its Fire Rescue DeDartment ("Local Government Unif') and Florida DeDartment of Financial Services. Division of State Fire Marshal ("SFM"). WHEREAS, the U.S. Department of Homeland Security, Office of Domestic Preparedness ("ODP") has made available 2005 Domestic Preparedness Grant funds to the Florida Department of Financial Services, Division of State Fire Marshal, as the State of Florida's State Administrative Agency for Fire-Rescue under federal grant guidelines, which funds are designated to be used for planning, equipment, training, exercise and management and administrative Purchases and activities in Domestic Preparedness. WHEREAS, the 2005 Homeland Security Grant Program ("SHSGP"), is a portion of the 2005 Domestic Preparedness Grant and provides funds to enhance the capability of State and Local Government Units to prevent, deter, respond to, and recover from incidents ofterrorism. WHEREAS, the 2005 Domestic Preparedness Grant guidelines require that, if the State disburses a portion of said grant funds to a local government unit, the State must enter into a Memorandum of Understanding with the Local Government Unit, specifying the amount of funds to be disbursed by the State for the below identified training; and WHEREAS, the State and the Local Government Unit have utilized the State of Florida's State Homeland Security Strategies as the basis for the allocation of 2005 SHSGP funds to meet prioritized needs to enhance and refine their preparedness efforts, and have received state and federal approval for the allocation and expenditure of said funds as designated herein, NOW THEREFORE, the parties agree to the following terms: 1. The Local Government Unit requests the State, through the Department of Financial Services, Division of State Fire Marshal, to disburse the amount of no less than $10,830.62 (Grant Fund Amount''), as the portion of the Local Government Unit's allocation of the SHSGP portion of the 2005 Domestic Preparedness Grant. 2. The Department of Financial Services, Division of State Fire Marshal, representing the State in its administration of the 2005 SHSGP grant funds, agrees to disburse the Grant Food Amount to the Monroe COoo\}' Board of County Commissioners for its Fire Rescue Dq>artment to provide funding in the amount of no less than $10,830.62 for training in SFM approved NFP A 1670 Operational Level training courses. 3. The Local Government Unit .agrees that unless the Local Government Unit is a state agency or subdivision, the Local Government Unit shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Memorandum of Understanding, and shall save the Department Iuumless against all claims of whatever nature by third parties arising out of the performance of work under this Memorandum of Understanding, For purposes of this Memorandum of Understanding, the Local Government Unit agrees that it is not an employee or agent of the Department, but is an independent contractor, 4. Any Local Government Unit who is a state agency or subdivision, as defined in Section 768.28, Fla. Stat" agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its negligent acts or Page 1 on .l. I '.' omissions or tortuous acts which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by said acts or omissions, Nothing herein is intended to serve as a waiver of sovereign immunity by any Local Government Unit to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. 5. The Local Government Unit agrees that all notices provided under or pursuant to this Memorandum of Understanding shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the contract representative identified below at the address set forth below and said notification attached to the original of this Memorandum of Understanding. 6. The Local Government Unit shall use the fimds provided to it under this Memorandum of Understanding ("the eligible training") for the purpose specified in the Florida Strategy, and specifically agrees to: a) Upon notification by the SFM, the Local Government Unit shall respond to any and all "incidents either within its jurisdictional boundaries or regional response area, or statewide as designated within the State Emergency Response Plan, with all appropriate equipment and support for a Type IT Technical Rescue resource (Light Technical Rescue Team), for so long as the Memorandum of Understanding remains in effect, or as may be agreed upon under the Florida Strategy. b) Submit all appropriate reimbursement requests by May 1,2006. 7. This Memorandum of Understanding is effective upon its execution by the parties and may be modified only in writing with execution by both parties, This Agreement terminates on June 30, 2006, or earlier a) as otherwise stated herein, b) as agreed to by the parties, or c) as otherwise required by law or by state or federal guidelines. 8. This Memorandum of Understanding contains aU the terms and conditions agreed upon by the parties. Name and address for the Department contract managers for this Memorandum of Understanding is; Contract/Financial Activities: John 1. Delorio, 11- CFO, EFO, MIFireE Division of State Fire Marshal Bureau of Fire Standards and Training 11655 NW Gainesville Road Ocala, Florida 34482-1486 Email: john.deiorio@fldfs.com Programmatic Activities: Dave A. Casey, Bureau Chief Division of State Fire Marshal Bureau of Fire Standards and Training 11655 NW Gainesville Road Ocala, Florida 34482-1486 Email: dave.casey@f1dfs.com The name and address of the representative of the Local Government Unit responsible for the administration of this Memorandum of Understanding is: Name and Title: Clark 0, Martin, Jr., Fire Chief for Monroe Co. Fire Rescue Address: 490 63rd Street, Suite 141 City/State/Zip Marathon, FL 33050 Phone Number: (305) 289-6004 Email: martin-clark@monroecountv-fl.Oov Page 2 of3 '; ~ I .1 t I . , -the parties agree to comply with state and federal guidelines in the allocation, expenditure and reporting of the use of the Grant Fund Amount. WHEREFORE, the parties hereto have caused this Memorandum of Understanding to be executed by their undersigned officials as duly authorized, LOCAL GOVERNMENT UNIT DEPARTMENT OF FINANCIAL SERVICES MONROE COUNTY BOCC Name of Agency (}Jf _ Signature of Agency Officlal DMSION OF STATE FIRE MARSHAL Name of Agency ~~ Signature of Agency Official Mayor Charles "Sonny" McCoy Printed Name of Agency Official Lisa Miller. Chief of Staff. Dq>t, of Financial Services Printed Name of Agency Official January 18t 2006 Date 2-1 q I DU Date Page 3 of3