01/18/2006 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
January 24, 2006
TO:
Fire Chief Clark Martin
Fire-Rescue Department
FROM:
Darice Hayes
Pamela G. Hanc~
Deputy Clerk
ATTN:
At the January 18, 2006, Board of County Commissioner's meeting the Board granted
approval and authorized execution of a Memorandum of Understanding (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, Division of State Fire Marshal
(SFM) and Monroe County BOCC for its Fire Rescue Department. Funds are to be used for
planning, equipment, training, exercise and management, administrative purchases, and activities
in Domestic Preparedness.
Enclosed are three duplicate originals, executed on behalf of Monroe County, for your
handling. Please be sure to return the fully executed ''Monroe County Clerk's Office Original"
and the ''Monroe County Finance Department's Original" as soon as possible. Should you have
any questions please do not hesitate to contact this office.
cc: County Attorney
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MEMORANDUM OF UNDERSTANDING ~'
FOR EXPENDITURE OF LOCAL GOVERNMENT UNIT FUNDING';
FOR FLORIDA TYPE II TECHNICAL RESCUE RESOURCE
(LIGHT TECHNICAL RESCUE TEAM) '-"</;i~ C;?
FROM 2005 DOMESTIC PREPAREDNESS GRANT STATE HOMELAND SECURITY G~~if~~~~RSHAL
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THIS AGREEMENT is entered into by and between the Monroe County Board of County Commissioners
for its Fire Rescue Deoartment ("Local Government Unit") and Florida Deoartment 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 of terrorism.
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 Fund Amount to the Monroe
County Board of County Commissioners for its Fire Rescue Department to provide funding in the amount of
no less than $10,830.62 for training in SFM approved NFPA 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 harmless 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
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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 funds 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 n
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 all the terms and conditions agreed upon by the
parties.
Name and address for the Deparbnent contract managers for this Memorandum of Understanding is:
ContractlFinancial Activities:
John J. Delorio, n - 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@fldfs.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 O. 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
EmaiI: martin-clark@monroecountv-fl.QOV
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. 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
MONROE COUNTY BOCC
Name of Agency (}Jr. .
Signature of Agency OfficW
Mayor Charles "Sonny" McCoy
Printed Name of Agency Official
January 18, 2006
Date
DEPARTMENT OF FINANOAL SERVICES
DMSION OF STATE FIRE MARSHAL
Name of Agency
~~
Signature of Agency Official
Lisa Miller. Chief of Staff. Dq>t. of Financial Services
Printed Name of Agency Official
2-\ q I Dlo
Date
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