Item H10
ADD-ON
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 21 June 2006
Division:
Growth Management
Bulk Item: Y es ~ No
Department:
Marine Resources
Staff Contact:
George Garrett
AGENDA ITEM WORDING:
Approval of revision to Inter Local Agreement between Monroe County and the Florida Fish and Wildlife
Conservation Commission to assist in the process of removing marine debris resulting from Hurricane Wilma
and the storms of2005.
ITEM BACKGROUND:
At the April BOCC meeting the Board approved an inter local agreement which would provide the Florida Fish
and Wildlife Conservation Commission (FWC and formerly the Marine Patrol) with funds to assist the County
in the removal of marine debris resulting from Hurricane Wilma and other storms of the 2005 season. FWC
attorneys recommended changes to the Agreement after the approval of the BOCC in April. The changes havc
now been reviewed and approved by the County Attorney and are back before the BOeC for final approval.
PREVIOUS RELEVANT BOCC ACTION:
April 2005 ~ Approval of an Inter Local Agreement withFWC
CONTRACT/AGREEMENT CHANGES:
Revisions to contract language - no change in scope or funding
STAFF RECOMMENDATIONS;
Approval
TOTAL COST:
ntc $2,250 Iwcek
BUDGETED: Yes
x
No
COST TO COUNTY:
ntc $2250 I week
SOURCE OF {<"UNDS:
Countv I FEMA
REVENUE PRODUCING: Yes
No -1L AMOUNT Per Month
Year
AI>PROVED BY:
County Atty -1L OMB/Purchasing ~ Risk Management
DIVISION DIRECTOn AI)PROV AL:
oski, Director of Growth Management
DOCUMENTA TION:
I
Included X Not Required
DISI)OSITI ON:
AGENDA ITEM NO.:
nC060610Agendadoc
5/3 W006 7:38:00 PM
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: FWC Contract #_
Effective Date: 6/21/2006
Expiration Date: 9/30/2006
Contract Purpose/Description:
Interlocal agreement with the Florida Fish and Wildlife Conservation Commission for
Hurricane Wilma assistance
Contract Manager: George Garrett 2507 Marine Resources /11
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on c: ":2/ !(& Agenda Deadline:
CONTRACT COSTS
Total Dollar Value of Contract: $ 27,000
Budgeted? YesrgJ No 0 Account Codes:
Grant: $ 0
County Match: $ 27,000 nte
Current Year Portion: $ 27,000 nte
125-0459105-530340-_-_
- - - ~
~ - ~ ----....-
- . - -
~..-....- - ~-
- - - -
-~--~
Estimated Ongoing Costs: $NtVyr
(Not included in dollar value above)
ADDITIONAL COSTS
For: NA
(eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed
Division Director YesD Notzj,
Date Out
Risk Management
~. \,~.\l.
O:t1:.B./Purc)ias~g
Reviewer
County Attorney
Comments:
OMB Form Revised 2/27/01 Mep #2
INTERLOCAL AGREEMENT
THIS INTER LOCAL AGREEMENT entered into this day of . 2006
between Monroe County, a political subdivision of the State of Florida (hereinafter COUNTY)
and the Florida Fish and Wildlife Conservation Commission (hereinafter FWC), a State agency.
WITNESSETH:
COUNTY and FWC desire to enter into an agreement to provide the terms for joint
participation in a project to clean-up marine debris, lobster and stone crab traps, and lost or
abandoned vessels.
Due to Hurricane Wilma and prior storms in the 2005 Hurricane season, considerable
debris exists in canals and near-shore waters of the Florida Keys. Lobster and stone crab traps
have been storm strewn on the shallow flats area surrounding the Keys and 350 to 400 vessels
have been lost or abandoned as a result of the storms. The County has a responsibility to its
citizens and to visitors to the Florida Keys to provide protection from threats to life / safety. As
all of the debris. traps, or vessels pose an immediate or potential future threat to life / safety, the
County has begun a process to clean up as much of these materials as possible. FWC, as a duly
authorized law enforcement agency for the State of Florida and as the agency with principal
responsibility for marine safety for the State has agreed to assist the County in the clean-up
effort. fWC also has principal responsibility for the identifying abandoned or derelict vessels
under the Florida Statutes. Considerable work has already been completed by both the County
and FWC in preparation for removal of debris, traps, and vessels, under what is termed the
Hurricane Wilma Marine Debris Removal Program (HWMDRP).
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained, it is agreed between COUNTY and FWC as follows:
Section 1. FWC agrees to:
1. Authorize removal of specific vessels / marine debris/ traps which have not yet
been documented by the Hurricane Wilma Marine Debris Removal Program
(HWMDRP).
2. Document and photograph all vessels / marine debris which are authorized to be
removed which have not yet been documented by the HWMDRP.
3. Insure that all vessels I marine debris which are to be removed and destroyed are
documented and the owners are given due process under Florida Statutes. Mark
all vessels I marine debris for which due process has been provided to the owners.
4. Insure that all documentation and photographic evidence from officers are
returned to and maintained by the responsible officer in charge of the HWMDRP
effort, Officer Dave Dipre.
5. Maintain, through the life of this project, an officer in charge to be responsible for
oversight of the project and to retain copies of all documentation required by this
agreement.
Monroe/FWC Marine Debris/Vessel ILA
6. Officer Dave Dipre shall be the initial officer in charge and, if at any time FWC
changes said responsibility to another officer, FWC shall notify COUNTY of said
changes.
Section 2. COUNTY agrees, upon receipt of appropriate documentation, to:
1. Reimburse FWC pursuant to the Local Government Prompt Payment Act for time
and expense in the following amounts, not to exceed $2,250 per week without
modification of this agreement:
a. Hourly rate per officer: $35.00 per hour
b. Hourly rate for State patrol vessel: $32.40 per enginel per hour of
operation
c. Insurance rider for the State patrol vessels from agency of County's choice
providing coverage for the vessel and personal injury
d. Private vessel: $30.00 I hour (single engine), $50.00 I hour (twin engine)
e. State patrol vehicle wi officer's hourly rate included: $40.00
Section 3. BOTH PARTIES agree that:
1. They will work together cooperatively and to share information as necessary to
carry out the Hurricane Wilma Marine Debris Removal Program efficiently and
cost effectively.
Section 4. RECORDS - ACCESS AND AUDITS. Both Parties shall maintain adequate
and complete records for a period of four years after termination of this Agreement. Each Party,
its officers, employees, agents and contractors shall have access to the Other Party's books,
records, and documents related to this Agreement upon request. The access to and inspection of
such books, records, and documents by the Parties shall occur at any reasonable time.
Section 5. RELATIONSHIP OF PARTIES. The Parties are independent of each other
and shall at no time be legally responsible for any negligence on the part of the Other Party, its
employees, agents or volunteers resulting in either bodily or personal injury or property damage
to any individual, property or corporation.
Section 6. TAXES. The Parties are not subject to taxes and assessments.
Section 7. INSURANCE. The parties to this agreement stipulate that each is a state
governmental agency as defined by Florida Statutes and represents to the other that it has
purchased suitable Public Liability, Vehicle Liability, and Workers' Compensation insurance, or
is self-insured, amounts adequate to respond to any and all claims under federal or state
actions for civil rights violations, which are not limited by Florida Statutes Section 768.28 and
Chapter 440, as well as any and all claims within the limitations of Florida Statutes Section
768.28 and Chapter 440, as well as any and all claims within the limitations of Florida Statutes
arising out of the activities governed by this agreement.
Monroe/FWC Marine Dchris/VessclIL<\
2
To the extent allowed by law, each party shall be responsible for any acts of negligence
on the part of its employees, agents, contractors, and subcontractors.
Each party agrees to keep in full force and effect the required insurance coverage during
the term of this Agreement. If the insurance policies originally purchased which meet the
requirements of this agreement are canceled, terminated or reduced in coverage, then the
respective party must immediately substitute complying policies so that no gap in coverage
occurs. Copies of current policy certificates shall be filed with the Other Party whenever
acquired or amended.
Section 8. HOLD HARMLESS. To the extent allowed by law, the FWC is liable for
and must fully defend, release, discharge, indemnify and hold harmless the COUNTY, the
members of the County Commission, County officers and employees, County agents and
contractors, from and against any and all claims, demands, causes of action, losses, costs and
expenses of whatever type - including investigation and witness costs and expenses and
attorneys' fees and costs - that arise out of or are attributable to the FWC's operations on the
premises except for those claims, demands, damages, liabilities, actions, causes of action, losses,
costs and expenses that are the result of the sole negligence of the COUNTY. The FWC's
purchase of the insurance required under this Agreement does not release or vitiate its
obligations under this paragraph. FWC does not waive any of its sovereign inununity rights
including but not limited to those expressed in Section 768.28, Florida Statutes.
To the extent allowed by law, the COUNTY is liable for and must fully defend, release,
discharge, indemnify and hold harmless the FWC, its officers and employees, agents and
contractors, from and against any and all claims, demands, causes of action, losses, costs and
expenses of whatever type - including investigation and witness costs and expenses and
attorneys' fees and costs - that arise out of or are attributable to the COUNTY's operations on
the premises except for those claims, demands, damages, liabilities, actions, causes of action,
losses, costs and expenses that are the result of the sole negligence of the FWC. The
COUNTY's purchase of the insurance required under this Agreement does not release or vitiate
its obligations under this paragraph. COUNTY does not waive any of its sovereign immunity
rights including but not limited to those expressed in Section 768.28, Florida Statutes.
Section 9. NON-DISCRIMINATION. The FWC and the COUNTY, each for itself,
its personal representatives, successors in interest, and assigns, as a part of the consideration
hereof, does hereby covenant and agree that no person on the grounds of race, color, or national
origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to
discrimination in the use of premises or in the contracting for improvements to the premises.
COUNTY and FWC agree that there will be no discrimination against any person, and it is
expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occuned, this Agreement automatically terminates without any further action
on the part of any party, effective the date of the court order. COUNTY AND FWC agree to
comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of
1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2)
Title IX of the Education Amendment of 1972, as amended (20 use ss. 1681-1683, and 1685-
Monroe/fWC Marine Debris/Vessel ILA
3
1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation
Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps: 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107)
which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act
of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6)
The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol
abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss.
690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent
records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities
Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 13, Art. VI,
prohibiting discrimination on the bases of race, color, sex, religion, disability, national origin,
ancestry, sexual orientation, gender identity or expression. familial status or age; and 11) any
other nondiscrimination provisions in any Federal or state statutes which may apply to the parties
to, or the subject matter of, this Agreement.
Section 10. ASSIGNMENT. The FWC may not assign this Agreement or assign or
subcontract any of its obligations under this Agreement without the approval of the COUNTY's
Board of County Commissioners. All the obligations of this Agreement will extend to and bind
the legal representatives, successors and assigns of the FWC and the COUNTY.
Section 11. SUBORDINATION. This Agreement is subordinate to the laws and
regulations of the United States, the State of Florida, and the COUNTY, whether in effect on
commencement of this lease or adopted after that date.
Section 12. INCONSISTENCY. If any item, condition or obligation of this
Agreement is in conflict with other items in this Agreement, the inconsistencies shall be
construed so as to give meaning to those terms which limit the County's responsibility and
liability.
Section 13. GOVERNING LA WSNENUE. This Agreement is governed by the laws
of the State of Florida and the United States. Venue for any dispute arising under this
Agreement must be in Monroe County, Florida. In the event of any litigation, the prevailing
party is entitled to a reasonable attorney's fee and costs.
Section 14. ETHICS CLAUSE. FWC warrants that it has not employed, retained or
otherwise had act on its behalf any former County officer or employee subject to the prohibition
of Section 2 of ordinance No. 010-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 010-1990. For breach or violation of this provision, the COUNTY
may, in its discretion, terminate this Lease without liability and may also, in its discretion, deduct
from the Lease or purchase price, or otherwise recover, the full amount of any fee, commission,
percentage, gift or consideration paid to the former County officer or employee.
Momoul'WC Marine Debris/Vessel [LA
4
Section 15. CONSTRUCTION. This Agreement has been carefully reviewed by the
FWC and the COUNTY. Therefore, this Agreement is not to be construed against any party on
the basis of authorship.
Section 16. NOTICES. Notices in this Agreement, unless otherwise specified, must be
sent by certified mail to the following:
COUNTY:
George Garrett
Marine Resources
2798 Overseas Highway
Marathon FL 33050
FWC:
Officer David Dipre
Fish & Wildlife Commission
2796 Overseas Highway
Marathon FL 33050
Section 17. TERMINATION.
Either party may terminate this Agreement by giving written notice to the other party specifying
the tennination date, by certified mail, return receipt requested, at least 30 days prior to the
termination date specified in the notice.
Section 18. JURY TRIAL WAIVER. As consideration of this Agreement, the parties
hereby waive trial by jury in any action or proceeding brought by any party against any other
party pertaining to any matter whatsoever arising out of or in any way connected with this
Agreement.
Section 19. FULL UNDERSTANDING. This Agreement is the parties' final mutual
understanding. It replaces any earlier agreements or understandings, whether written or oraL
This Agreement cannot be modified or replaced except by another written and signed agreement.
Section 20. This Interlocal Agreement constitutes the entire agreement between the
parties and may not be modified except by written instrument executed by both parties.
Section 21. This lnterlocal Agreement shall take effect when executed by both parties
and remain in effect until completion of both parties' obligations under Sections 1-3.
Monroe/rwc Marine Debris/Vessel ILA
5
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first written above.
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
BY:
MA YORfCHAIR PERSON
(SEAL)
ArrEST:
DANNY L KOLHAGE, CLERK
BY:
DEPUTY CLERK
FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION
BY:
DESIGNATED SIGNATORY
APPROVED as to form and legality:
FWC Attorney
MonroeiFWC Marine DebrisiVesse1ILA
6
.a. "0"'" .Ii v.... -l
Victores..carlos
From: Hutton-Suzanne
Sent: Wednesday, June 07, 2006 8:14 AM
To: Victores-Carlos
Subject: RE: f
Ch. 163, FS, Particularly Section 163.01(4) & subsection (5).
From: Victores<arios
Sent: Wednesday, June 07, 2006 8:06 AM
To: Hutton-Suzanne
Subject:
I have been informed that it is not required for the county to go out for bid when entering into a
contract with another state agency or municipality. Is this true and if so where can I obtain written
documentation. I have searched the Florida Statutes website but I didn't find anything related.
Please help. Thanks.
Carlos Victores
Supervisor
Purchasing Dept
Phone: (305) 292-4466
Fax (305) 292-4465
617/2006
June 07, 2006
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COUNTY ORGANIZATION AND
INTERGOVERNMENTAL RELATIONS
~hgRt~IJ.Q}
INTERGOVERNMENTAL
PROGRAMS
163.01 Florida Interlocal Cooperation Act of 1969.--
(1) This section shall be known and may be cited as the HFlorida Interlocal Cooperat
1969.H
(2) It is the purpose of this section to permit local governmental units to make the
use of their powers by enabling them to cooperate with other localities on a basis 01
advantage and thereby to provide services and facilities in a manner and pursuant tl
governmental organization that will accord best with geographic, economic, populal
II factors influencing the needs and development of local communities.
(3) As used in this section:
(a) "Interlocal agreement" means an agreement entered into pursuant to this sectio
(b) "Public agencyH means a political subdivision, agency, or officer of this state or I
the United States, including, but not limited to, state government, county, city, sch
single and multipurpose special district, single and multipurpose public authority, m
consolidated government, an independently elected county officer, any agency of tI
States Government, a federally recognized Native American tribe, and any similar e
other state of the United States.
(c) -State" means a state of the United States.
(d) -Electric projectH means:
1. Any plant, works, system, facilities, and real property and personal property of (
whatsoever, together with aU parts thereof and appurtenances thereto, which is loe
without the state and which is used or useful in the generation, production, transmi
purchase, sale, exchange, or interchange of electric capacity and energy, including
property for the acquisition, extraction, conversion, transportation, storage, reproc
disposal of fuel and other materials of any kind for any such purposes.
2. Any interest in, or right to, the use, services, output, or capacity of any such pla
system, or facilities.
3. Any study to determine the feasibility or costs of any of the foregoing, including,
http://www,flsenate,gov/Statuteslindex,cfm?App_mode=Display _ Statute&Search_ String=&... 61712006
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limited to, engineering, legal, financial, and other services necessary or appropriate
the legality and financial and engineering feasibility of any project referred to in su
or subparagraph 2.
(e) -Person" means:
1. Any natural person;
2. The United States; any state; any municipality, political subdivision, or municipa
created by or pursuant to the laws of the United States or any state; or any board, (
other entity or body declared by or pursuant to the laws of the United States or any
department, agency, or instrumentality thereof;
3. Any corporation, not.for.profit corporation, firm, partnership, cooperative assoc
cooperative, or business trust of any nature whatsoever which is organized and exist
laws of the United States or any state; or
4. Any foreign country; any political subdivision or governmental unit of a foreign c
corporation, not-for-profit corporation, firm, partnership, cooperative association, I
cooperative, or business trust of any nature whatsoever which is organized and exist
laws of a foreign country or of a political subdivision or governmental unit thereof.
(f) "Electric utility" has the same meaning as in s.JgJ,JJ(2).
(g) "Foreign public utility" means any person whose principal location or principal pi
is not located within this state; who owns, maintains, or operates facHities for the ~
transmission, or distribution of electrical energy; and who supplies electricity to ret
customers, or both, on a continuous, reliable, and dependable basis. "Foreign public
means any affiliate or subsidiary of such person, the business of which is limited to I
or transmission, or both, of electrical energy and activities reasonably incidental thl
(h) "Local government liability pool- means a reciprocal insurer as defined in s. 92.9.
self.insurance program created pursuant to s. z.Q~_,2S(16), formed and controlled by
municipalities of this state to provide liability insurance coverage for counties, mun
other public agencies of this state, which pool may contract with other parties for t
roviding claims adminis A' ~--_..-
(4) A public agency of this state may exercise jointly with any other public agency (
any other state. or of the United States Government any power, privilege, or author
agencies share in common and which each might exercise separately.
(5) A joint exercise of power pursuant to this section shall be made by contract in t
interlocal agreement, which may provide for:
a The purpose of such interlocal agreement or the power to be exercised and the
which the purpose will be accomplished or the manner in which the power will be e.
(b) The duration of the interlocal agreement and the method by which it may be re
terminated by any participating public agency prior to the stated date of terminatio
(e) The precise organization, composition, and nature of any separate legal or adml
entity created thereby with the powers designated thereto, if such entity may be le
(d) The manner in which the parties to an interlocal agreement will provide from tt
the financial support for the purpose set forth in the interlocal agreement; payment
http://www .flsenate. gov/Statuteslindex.cfm? App _ mode=Display _ Statute&Search ~ String=&... 6/7/2006