Item S2 County of Monroe °
BOARD OF COUNTY COMMISSIONERS
Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tem Holly Merrill Raschein,District 5
y � Michelle Lincoln,District 2
James K.Scholl,District 3
David Rice,District 4
County Commission Meeting
December 7, 2022
Agenda Item Summary #11527
ADM) ON ]IC]II~EM S 2
BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Brittany Burtner(305) 289-2805
No
AGENDA ITEM WORDING: Approval of an Interlocal Agreement (ILA) Rescinding and
Replacing a Previously Approved ILA Between the Monroe County Board of County
Commissioners ("BOCC") and the Monroe County Sheriffs Office for the BOCC to Provide
Administrative Hearings in Derelict Vessel Enforcement Cases.
ITEM BACKGROUND: On November 15, 2022, the Monroe County Board of County
Commissioners (BOCC/Board) approved an Interlocal Agreement(ILA/Agreement)with the
Monroe County Sheriff's Office (MCSO/Sheriff)to provide, through the Florida Division of
Administrative Hearings (DOAH), the MCSO with DOAH Administrative Law Judges (ALJs)to
preside as local hearing officers in adversarial administrative hearings Florida law requires derelict
vessel (DV) owners, operators, or other responsible parties have an opportunity to request, and
providing the MCSO with administrative and legal resources and assistance in the Sheriff's DV
cases, to be paid through the County BIF budget. The attached ILA contains changes to two sections
that were requested by the MCSO which do not significantly alter the burdens, duties, liabilities, or
obligations of either the BOCC or the MCSO under this Agreement. The Marine Resources Office's
professional staff recommends Board approval of this attached ILA, which will rescind and replace
the previously approved ILA.
PREVIOUS RELEVANT BOCC ACTION:
November 15, 2022—Board approval of previous ILA.
CONTRACT/AGREEMENT CHANGES:
No
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
BOCC-MCSO Interlocal Agreement to Provide Administrative Hearings for Derelict Vessel Cases
FINANCIAL IMPACT:
Effective Date: Upon execution by both parties.
Expiration Date: Five (5) years from execution by both parties.
Total Dollar Value of Contract: N/A
Total Cost to County: The applicable rate for DOAH ALJs, adjusted annually depending on
the State of Florida's full cost allocation formula (currently $150/hour).
Current Year Portion:
Budgeted: Yes.
Source of Funds: BIT (62613 - Other Contractual Services (530510)
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: No.
Additional Details: N/A
N/A
REVIEWED BY:
Emily Schemper Completed 11/29/2022 4:24 PM
Peter Morris Completed 11/29/2022 4:33 PM
Purchasing Completed 11/29/2022 5:18 PM
Budget and Finance Completed 11/30/2022 8:22 AM
Brian Bradley Completed 11/30/2022 8:44 AM
Lindsey Ballard Pending
Board of County Commissioners Pending 12/07/2022 9:00 AM
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT ("Agreement" or"ILA") is entered into by and
between the Monroe County Sheriff's Office ("MCSO") and the Board of County
Commissioners of Monroe County, Florida.
WITNESSETH:
WHEREAS, the Board of County Commissioners of Monroe County, Florida ("BOCC",
"Monroe County", or"County") is the legislative body of Monroe County, Florida; and
WHEREAS, the constitutional office of the MCSO is established pursuant to Fla. Const.
Art. VIII, § L(d); and
WHEREAS, the waters surrounding the Florida Keys of Monroe County, Florida, are
situated within the boundaries of the Florida Keys National Marine Sanctuary and have, since
July 26, 2001, been designated a federal No Discharge Zone ("NDZ")by the United States
Environmental Protection Agency pursuant to Title 40, Chapter I, Subchapter D, Part 140,
Section 140.4(b)(1)(ii), as may be amended from time to time; and
WHEREAS, derelict vessels constitute a public nuisance, hazards to navigation, and give
rise to serious adverse environmental impacts; and
WHEREAS, derelict vessels, the owners and operators of derelict vessels, and natural or
legal persons responsible for derelict vessels, are subject to liability under Title XLVI
("Crimes"), Chapter 823 ("Public Nuisances"), at Fla. Stat. § 823.11; and
WHEREAS, under Fla. Stat. § 705.101(3), the term "abandoned property" includes
"derelict vessels" as defined in Fla. Stat. § 823.11; and
WHEREAS, the relocation, removal, storage, dismantlement, destruction, or disposal of
derelict vessels has caused, and causes, the BOCC and MCSO to incur significant costs and to
expend significant expense and resources; and
WHEREAS, the Florida Division of Administrative Hearings ("DOAH"), as authorized
by Fla. Stat. § 120.65(6), has agreed to provide the BOCC with Administrative Law Judges
("ALJs") serving local administrative hearing officers; and
WHEREAS, the BOCC and MCSO mutually desire to ensure and enhance
intergovernmental coordination of derelict vessel enforcement efforts; and
WHEREAS, this Agreement is entered into pursuant to Fla. Stat. § 163.01, et seq., the
Florida Interlocal Cooperation Act of 1969; and
WHEREAS, the BOCC previously approved an ILA to this effect at the November 15,
2022, meeting of the Board; and
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WHEREAS, this ILA contains changes to two sections that were requested by the
MCSO; and
WHEREAS, the Board desires to accommodate and approve those requested changes;
and
WHEREAS, the BOCC and MCSO find that this ILA is necessary and in the interest of
the public health, safety, and welfare;
NOW THEREFORE, in consideration of the mutual consideration and promises set
forth below, the parties agree as follows:
Section 1. Recitals and Legislative Intent. The foregoing recitals and statements of
legislative intent are true and correct and are hereby incorporated as if fully stated herein.
Section 2. Rescission and Replacement of Previously Approved ILA. The ILA
previously approved by the Board is and shall be deemed rescinded and replaced upon
the Board's approval of this ILA.
Section 3. Powers and Duties Relating to Derelict Vessel Investigation, Enforcement,
and Administrative Hearings. The powers and duties of the BOCC and MCSO, in
connection with derelict vessel investigation and enforcement and quasi-judicial hearings
timely and properly requested thereto, shall be as follows:
l. The MCSO conducts a derelict vessel ("DV")investigation and prepares a case to
move forward. MCSO will provide notice of the right to hearing and County
contact information to known owners of the vessels in question.
2. County will notify MCSO promptly if such hearing is requested.
3. Members of the Monroe County Attorney's Office and Marine Resources Office
meet with the relevant MCSO deputy (or deputies)to review the case and confirm
readiness for hearing.
4. The Monroe County Marine Resources Office notifies the DOAH Clerk of the
new case(s) and the need for a hearing.
5. The DOAH Clerk assigns an AU to the matter, assigns a case number, and sends
out a notice of hearing to the DV petitioner(i.e., the DV owner, DV operator, or
other person or entity responsible for the DV), the MCSO, and the Monroe
County Attorney's Office.
6. A member of the Monroe County Attorney's Office presents the Respondent's
case at the DOAH hearing, with one or more member(s) of the MCSO testifying
and offering in supporting documentary evidence to sustain the prepared case.
7. If Monroe County prevails, the DOAH AU issues a final order declaring the
vessel to be derelict and subject to removal, storage, dismantlement, destruction,
and/or disposal.
8. Once that final order becomes final, the Monroe County Marine Resources Office
shall work with a marine contractor to have the vessel made subject to removal,
storage, dismantlement, destruction, and/or disposal.
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Section 4. Discretionary Invocation of Administrative Hearings. The foregoing
process and administrative hearing thereto shall not occur with every DV investigation
and enforcement effort. The foregoing process and administrative hearing shall only need
to occur if there is a responsible DV party identified and they choose the option of an
administrative hearing within twenty-one (21) calendar days of receipt of the Notification
of Rights package from the respective law enforcement officer. Stated otherwise, the
above-referenced DOAH process shall only be used if the responsible DV parry timely
requests an administrative hearing within the allowed 21-day time-frame measured from
receipt of the Notification of Rights package. Any charges resulting from a DV
investigation/enforcement action, being within the remit of the State Attorney for the 161h
Judicial Circuit, shall not be considered within the scope of the process outlined above.
Section 5. Funding. Payment of the DOAH costs arising from the process outlined above
shall be paid by the BOCC, from the BOCC - Marine Resources Office's County BIF
budget.
Section 6. Duration. The term of this interlocal agreement shall be for five (5) years,
renewable for additional individual terms, each such term lasting for the same five (5)
year duration, upon the written consent of both parties. If Notice of Termination is given
by one parry to the other, this Agreement shall terminate thirty (30) days after receipt of
such Notice of Termination.
Section 7. Indemnification. MCSO, as a political sub-division of the State of Florida as
defined in Section 768.28, Florida Statutes, agrees to be fully responsible to the limits set
forth in such statute for its own negligent acts or omissions, or intentional tortious
actions, which result in claims or suits against either County or MCSO, and agrees to be
liable to the statutory limits for any damages proximately caused by said acts or
omissions, or intentional tortious acts. The County, as a political sub-division of the State
of Florida, as defined in Section 768.28, Florida Statutes, agrees to be fully responsible to
the limits set forth in such statute for its own negligent acts or omissions, or intentional
tortious acts, which result in claims or suits against either MCSO or County, and agrees
to be liable to the statutory limits for any damages proximately caused by said acts or
omissions, or intentional tortious acts. Nothing contained in this Section shall be
construed to be a waiver by either party of any protections under sovereign immunity,
Section 768.28 Florida Statutes, or any other similar provision of law. Nothing contained
herein shall be construed to be a consent by either party to be sued by third parties in any
matter arising out of this or any other Agreement.
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Section 8. Notices. All notices, requests, demands, elections, consents, approvals, and
other communications hereunder must be in writing and addressed as follows, or to any
other address which either party may designate to the other parry by mail:
If to Monroe County: Roman Gastesi, Jr.
County Administrator
Monroe County
Historic Gato Building
1100 Simonton Street
Key West, Florida 33040
With a copy to: Robert B. Shillinger, Esq.
Monroe County Attorney's Office
1111 12Ih Street, Suite 408
P.O. Box 1026
Key West, Florida 33041-1026
If to Sheriff: Sheriff Rick Ramsay
Administration Headquarters
5525 College Road
Key West, FL 33040
With a copy to: Patrick McCullah, Esq.
MCSO General Counsel
Monroe County Sheriff s Office
5525 College Road
Key West, FL 33040
Any Notice required by this Agreement to be given or made within a specified period of
time, or on or before a date certain, shall be deemed to have been duly given if sent by
certified mail, return receipt requested, postage and fees prepaid; hand delivered; or sent by
overnight delivery service.
Section 9. Regulatory Powers.
9.1 Nothing contained herein shall be construed as waiving either party's regulatory
approval or enforcement rights or obligations as it may relate to regulations of
general applicability, which may govern the Agreement.
9.2 Nothing herein shall be deemed to create an affirmative duty of either party to
abrogate its sovereign right to exercise its police powers and governmental
powers by approving or disapproving or taking any other action in accordance
with ordinances, rules and regulations, federal laws and regulations, and state
laws and regulations.
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Section 10. Governing Law. This Agreement shall be construed in accordance with and
governed by the laws of the State of Florida. Exclusive venue for any litigation or mediation
arising out of this Agreement shall be in the 161h Judicial Circuit in and for Monroe County,
Florida. This Agreement is not subject to arbitration.
Section 11. Access to Public Records. Each party shall comply with all public records
and records retention requirements mandated by Section 24, Article I, of the Florida
Constitution, and general law including but not confined to Chapter 119, Florida Statutes, and
shall keep such records as are necessary to document the performance of the Agreement. It is the
responsibility of each party to maintain their own respective records and to grant each other
reasonable access and inspection of such records, as authorized by Florida law, as may be
necessary in the performance of the Agreement.
Section 12. Non-Assignability. This Agreement shall not be assignable by either party
unless such assignment is first approved by both parties.
Section 13. No Third-Party Beneficiaries.Nothing contained herein shall create any
relationship, contractual or otherwise, with or any rights in favor of, any third party. No person
or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or
attempt to enforce any third-party claim or entitlement to or benefit of any service or program
contemplated hereunder, and the MCSO and the County agree that neither the MCSO nor the
County or 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 Agreement separate and apart, inferior to, or superior to the
community in general or for the purposes contemplated in this Agreement.
Section 14. Non-Waiver of Immunity. Notwithstanding the provisions of Section
768.28, Florida Statutes, the participation of the County and the MCSO in this Agreement and
the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of immunity to the
extent of liability coverage, nor shall any contract entered into by the MCSO or County be
required to contain any provision for waiver.
Section 15. Privileges and Immunities. All of the privileges and immunities from
liability, exemptions from laws, ordinances, and rules and pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of officers, agents, or
employees of any public agents or employees of the County, and MCSO, when performing their
respective functions under this Agreement within the territorial limits of the county shall apply to
the same degree and extent to the performance of such functions and duties of such officers,
agents, volunteers, or employees outside the territorial limits of the county.
Section 16. Independent Status. The professional staff, vendors, and contractors of
Monroe County shall be independent and/or independent contractors and not agents or
employees of the MCSO with respect to all of the acts and services performed by and under the
terms of this Agreement. This Agreement shall not in any way be construed to treat the
professional staff, officers, or representatives of the MCSO to be agents or employees of the
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BOCC, nor shall this Agreement in any way be construed to treat the professional staff, officers,
or representatives of the BOCC to be agents or employees of the MCSO.
Section 17. Severability. If any term, covenant, condition or provision of this Agreement
(or the application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction or administrative hearing
officer, the remaining terms, covenants, conditions and provisions of this Agreement, shall not
be affected thereby; and each remaining term, covenant, condition and provision of this
Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless
the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement
would prevent the accomplishment of the original intent of this Agreement. The County and
MCSO agree to reform the Agreement to replace any stricken provision with a valid provision
that comes as close as possible to the intent of the stricken provision.
Section 18. Survival of Provisions. Any terms or conditions of either this Agreement
that require acts beyond the date of the term of the Agreement, shall survive termination of the
Agreement, shall remain in full force and effect unless and until the terms or conditions are
completed and shall be fully enforceable by either parry.
Section 19. Waiver. The failure of either party to this Agreement to object to or to take
affirmative action with respect to any conduct of the other which is in violation of the terms of
this Agreement shall not be construed as a waiver of the violation or breach, or of any future
violation, breach or wrongful conduct.
Section 20. Authority. Each parry represents and warrants to the other that the execution,
delivery and performance of this Agreement have been duly authorized by all necessary
governmental and corporate action, as required by law.
Section 21. Section Headings. Section headings have been inserted in this Agreement as
a matter of convenience of reference only, and it is agreed that such section headings are not a
part of this Agreement and will not be used in the interpretation of any provision of this
Agreement.
Section 22. Execution in Counterparts. This Agreement may be executed in any
number of counterparts, each of which shall be regarded as an original, all of which taken
together shall constitute one and the same instrument and any of the parties hereto may execute
this Agreement by signing any such counterpart.
Section 23. Integration.
23.1 This writing contains the entire Agreement of the parties and supersedes any prior
oral or written representations. No representations were made or relied upon by
either parry, other than those that are expressly set forth herein.
23.2 No agent, employee, or other representative of either party is empowered to
modify or amend the terms of this Agreement, unless executed with the same
formality as the parties' preceding duly-executed Agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as indicated
below.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor Craig Cates
(SEAL)
ATTEST: Kevin Madok, Clerk APPROVED AS TO FORM AND
MCNROECQU �YF" "_Cn N E_YLEGAL SUFFICIENCY BY: APPR0v- To FORM
m �
PTEoar By ASSISTANTR .
C1FiN
�:�t�: .�._ 11/29/22
EY
As Deputy Clerk 9/22
Assistant County Attorney Peter H. Morris
MONROE COUNTY SHERIFF'S OFFICE
Monroe County Sheriff Rick Ramsay
Date:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY BY:
General Counsel Patrick McCullah
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