03/15/2006 Crawl Keyclelidne
NIVUR COU11 Danny L. Kolhage
Phone:306-296-3130 Fax:306-296-3663
To: Mark Rosch, Executive Director
Monroe County Land Authority
From: Isabel C. DeSantis,
Deputy Clerk
'i'�p
Date: Wednesday, March 29, 2006
At the Board meeting on March 15, 2006, the Board approved the following:
Interlocal Agreement between Monroe County and the Florida Fish and Wildlife
Conservation Commission authorizing a Gambian rat pilot eradication project on Crawl
Key.
Enclosed is a duplicate original of the subject document for your handling. Should
you have any questions concerning this matter, please feel free to contact this office.
Copies: Finance
County Attorney
File ✓
MONROE COUNTY LAND AUTHORITY
1200 TRUMAN AVENUE, SUITE 207 • KEY WEST, FLORIDA 33040
PHONE (305) 295-5180 • FAX (305) 295-5181
TO: Kathy Peters Belle DeSantis
County Attorney's Office Clerk's Office
FROM: Kim Nystrom
Land Authority
DATE: March 27, 2006
SUBJECT: Duplicate Original Signed Interlocal Agreements Approved at the
March 15, 2006 BOCC Meeting (County Administrator Item 04
- Gambian Rat Pilot Eradication on Crawl Key)
Attached please find two original signed interlocal agreements. Please have
Suzanne sign for legal sufficiency and forward these documents to the
Clerk's Office to be fully executed.
Also please see the attached letter dated February 24, 2006 from Kathy G.
Baker at Florida Fish and Wildlife Conservation Commission requesting a fully
executed original interlocal agreement be sent to Scott Hardin at the Division
of Habitat and Conservation Commission.
Please contact me if you have any questions.
Thank you.
FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
RODNEY BARRETO
Miami
KATHY BARCO
Jacksonville
KENNETH D. HADDAD, Executive Director
VICTOR J. HELLER, Assistant Executive Director
Mr. Mark J. Rosch
Executive Director
Monroe County Land Authority
1200 Truman Avenue, Suite 207
Key West, FL 33040
Dear Mr. Rosch :
SANDRA T. KAUPE H.A. "HERKY" HUFFMAN DAVID K MEEHAN
Palm Beach Enterprise St. Petersburg
RICHARD A. CORBETT BRIAN S. YABLONSKI
Tampa Tallahassee
TIMOTHY A. BREAULT, Director
DIVISION OF HABITAT AND SPECIES CONSERVATION
(850) 488.3831 TDD: (850) 488.9542
February 24, 2006
Attached are two original copies of the inter -local agreement between the Florida Fish and Wildlife
Conservation Commission and Monroe County. Please sign both copies and obtain an original for
Monroe County and return an original to Scott Hardin Division of Habitat and Conservation
Commission, Exotic Species Coordination Section, 620 South Meridian Street, Tallahassee, FL
32399-1600.
Please let me know if you have any questions.
kgb/
Attachments
Sincerely,
.�/j '4. k/�"
ax_V
Kathy G. Baker
Administrative Assistant
620 South Meridian Street • Tallahassee • FL • 32399-1600
Visit MyFWC.com
INTERLOCAL AGREEMENT
This Agreement is made and entered into by MONROE COUNTY
(COUNTY), a political subdivision of the State of Florida, whose address is
1100 Simonton Street, Key West, FL 33040, and the FLORIDA FISH AND
WILDLIFE CONSERVATION COMMISSION (AGENCY), a public agency of the
State of Florida, whose address is 620 South Meridian Street, Tallahassee, FL
32399-1600.
M
o
L,, WHEREAS, the parties are authorized by Section 163.01(4), Florida
CL
:.
Statues, to enter into an interlocal agreement to carry out their independent
L I
aL-
ON
WHEREAS, it is desired to allow for a Gambian Rat Pilot Eradication
U
PrNfgt (PROJECT) on Crawl Key; now therefore,
LIJ
o
= a
19 C2NSIDERATION OF the mutual promises and conditions contained
"
herein, the PARTIES agree as follows:
1. SCOPE. The AGENCY shall use the portion of Crawl Key owned by
the COUNTY for the purposes of conducting the PROJECT, the scope of which
is more particularly described in Exhibit A.
2. TERM.
A. Subject to and upon the terms and conditions set forth herein, this
Agreement shall continue in force for a term commencing as of the 15th day
of March, 2006 and ending on the 15th day of March, 2007.
B. The parties may extend this agreement after the expiration of the term
described herein according to such terms and conditions as may be agreed to
at the time of extension.
3. USE AND CONDITIONS. The premises, which are defined as that
portion of Crawl Key owned by Monroe County, more particularly described in
and shown the sketch attached hereto as Exhibit B, shall be used solely for
the PROJECT.
4. UTILITIES. No utilities are anticipated to be necessary for the
PROJECT and therefore none are authorized by this Agreement.
5. ALTERATIONS and IMPROVEMENTS. No alterations or
improvements are anticipated to be necessary for the PROJECT and therefore
none are authorized by this Agreement.
6. MECHANIC'S LIENS. No mechanic's liens are anticipated to be
necessary for the PROJECT and therefore none are authorized by this
Agreement.
7. RECORDS — ACCESS AND AUDITS. Both Parties shall maintain
adequate and complete records for a period of four years after termination of
this lease. 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.
8. 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.
9. TAXES. The Parties are not subject to taxes and assessments.
10. 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, in 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.
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 and shall defend, indemnify and hold the other party harmless
from all claims arising out of such actions.
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.
11. CONDITION OF PREMISES. The AGENCY must keep the premises in
good order and condition. The AGENCY must promptly repair damage to the
premises. The AGENCY is solely responsible for any improvements to land
and appurtenances placed on the premises. Neither party shall commit waste
K
on the premises, nor maintain or permit a nuisance on the premises. It is
anticipated that AGENCY will provide such security as it requires during the
life of this agreement.
12. RESTRICTIONS ON AGREEMENTS ENTERED PURSUANT TO THIS
AGREEMENT. The AGENCY shall include in all agreements funded under this
agreement the following terms:
A. Anti -discrimination. Contractor agrees that they will not discriminate
against any employees or applicants for employment or against persons for
any other benefit or service under this agreement because of their race,
color, religion, sex, national origin, or physical or mental handicap where the
handicap does not affect the ability of an individual to perform in a position of
employment, and to abide by all federal and state laws regarding non-
discrimination.
B. Anti -kickback. Contractor warrants that no person has been employed or
retained to solicit or secure this agreement upon an agreement or
understanding for a commission, percentage, brokerage or contingent fee,
and that no employee or officer of the AGENCY has any interest, financially or
otherwise, in contractor. For breach or violation of this warranty, the AGENCY
shall have the right to annul this agreement without liability or, in its
discretion, to deduct from the agreement price or consideration, the full
amount of such commission, percentage, brokerage or contingent
fee. Contractor acknowledges that it is aware that funding for this agreement
is available through the County and that violation of this paragraph may
result in the County withdrawing funding for the Project.
C. Hold harmless/indemnification. Contractor acknowledges that this
agreement is funded at least in part by the County and agrees to indemnify
and hold harmless the County and any of its officers and employees from and
against any and all claims, liabilities, litigation, causes of action, damages,
costs, expenses (including but not limited to fees and expenses arising from
any factual investigation, discovery or preparation for litigation), and the
payment of any and all of the foregoing or any demands, settlements or
judgments (collectively claims) arising directly or indirectly from any
negligence or criminal conduct on the part of Contractor in the performance
of the terms of this agreement. The Contractor shall immediately give notice
to the County of any suit, claim or action made against the Contractor that is
related to the activity under this agreement, and will cooperate with the
County in the investigation arising as a result of any suit, action or claim
related this agreement.
D. Insurance. Contractor agrees that it maintains in force at its own expense
a liability insurance policy which will insure and indemnify the Contractor and
the County from any suits, claims or actions brought by any person or
3
persons and from all costs and expenses of litigation brought against the
Contractor for such injuries to persons or damage to property occurring
during the agreement or thereafter that results from performance by
Contractor of the obligations set forth in this agreement. At all times during
the term of this agreement and for one year after acceptance of the project,
Contractor shall maintain on file with the County a certificate of the insurance
of the carriers showing that the aforesaid insurance policy is in effect. The
following coverage's shall be provided:
1. Workers Compensation insurance as required by Florida Statutes.
2. Commercial General Liability Insurance with minimum limits of
$500,000 per occurrence for bodily injury, personal injury and property
damage.
3. Comprehensive Auto Liability Insurance with minimum limits of
$300,000 combined single limit per occurrence.
The Contractor, the County and the AGENCY shall be named as additional
insured, exempt workers compensation. The policies shall provide no less
than 30 days notice of cancellation, non -renewal or reduction of coverage.
At all times during the term of this agreement and for one year after
acceptance of the project, Contractor shall maintain on file with the County a
certificate of insurance showing that the aforesaid insurance coverage's are in
effect.
e) Licensing and Permits. Contractor warrants that it shall have, prior to
commencement of work under this agreement and at all times during said
work, all required licenses and permits whether federal, state, County or City.
f) Right to Audit. The Contractor shall keep such records as are
necessary to document the performance of the agreement and expenses as
incurred, and give access to these records at the request of the AGENCY, the
County, the State of Florida or authorized agents and representatives of said
government bodies.
13. HOLD HARMLESS. To the extent allowed by law, the AGENCY 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, and the Sheriff's
Office, its officers and employees, 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 AGENCY's operations
on the premises except for those claims, demands, damages, liabilities,
0
actions, causes of action, losses, costs and expenses that are the result of
the sole negligence of the COUNTY. The AGENCY's purchase of the insurance
required under this Agreement does not release or vitiate its obligations
under this paragraph. AGENCY does not waive any of its sovereign immunity
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 AGENCY, its members,
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 AGENCY. 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.
14. NON-DISCRIMINATION. The AGENCY 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 AGENCY 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 occurred, this Agreement
automatically terminates without any further action on the part of any party,
effective the date of the court order. COUNTY AND AGENCY 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 USC ss. 1681-1683, and 1685-
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,
5
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.
15. TERMINATION. Either party may terminate this agreement after
giving to the other party at least thirty (30) days written notice.
16. ASSIGNMENT. The AGENCY 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 AGENCY and the COUNTY.
17. 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.
18. 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.
19. GOVERNING LAWS/JURY TRIAL WAIVER. This Agreement is
governed by the laws of the State of Florida and the United States. In the
event of any litigation, the prevailing party is entitled to a reasonable
attorney's fee and costs. 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.
20. ETHICS CLAUSE. AGENCY 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
N.
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.
21. CONSTRUCTION. This Agreement has been carefully reviewed by the
AGENCY and the COUNTY. Therefore, this Agreement is not to be construed
against any party on the basis of authorship.
22. NOTICES. Notices in this Agreement, unless otherwise specified,
must be sent by certified mail to the following:
"I a i'n'1E
County Administrator
Monroe County
1100 Simonton Street
Key West, FL 33040
AGENCY:
Scott Hardin
Exotic Species Coordinator
FFWCC
620 South Meridian Street
Tallassee, FL 32399-1600
23. 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.
IN WITNESS WHEREOF, each party has caused this Agreement to be
exeCuedby its duly authorized representative.
1P 7
By:
NY L. KOLHAGE, CLERK
Deputy Clerk 03- ► S -OCG
i'vION'10E COUNTY ATTORNEY
DROVED ASOR M:
UZ NNE U TON
ASSI,51L CO NTY ATTORNEY
Date ',/ �e.,.,l�_
ATTE
BCc l
y•
,,,rMNNNllgiv...
qC
y i .o •: a
y.,."04fmlSS\0
7
COUNTY
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
E
By:
,tavo,yeliai rnm mayOr�ro - feH'1
AGENCY
FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION
By
Titl
p 0 AS M
A LEG L S CY
At►omey
Exhibit A
Florida Fish and Wildlife Conservation Commission
Gambian Rat Pilot Eradication Project
Gambian rats (GR) are large rodents native to Africa, weighing an average of 3
pounds and measuring 20-35 inches from the head to the tip of the tail. They were
bred in captivity on Grassy Key, north of Marathon. Around five years ago, eight
rats escaped and have established a reproducing population. GR primarily eat fruit
and grains, but they have been known to eat insects, crabs and snails. If GR reach
and become established on mainland Florida, there is potential for substantial
agricultural crop damage and damage to native species and ecosystems. This
species is also demonstrated to be a vector of a number of serious diseases.
The Florida Fish and Wildlife Conservation Commission (FWC), in conjunction with
USDA/APHIS Wildlife Services (WS), is seeking funding to eradicate this population
of exotic rats. Pending legislative approval, this project would begin in fall 2006. In
the interim, FWC has received a $20,000 grant to conduct a pilot eradication
project. These funds will be matched by WS. The pilot study is planned for Crawl
Key in March -April 2006. The study design involves (1) baseline abundance survey
using remote cameras; (2) deploying bait stations and rodent toxicants, specifically
zinc phosphide; (3) follow-up abundance survey to assess effectiveness of
eradication. We request authorization to access Crawl Key property for the purpose
of conducting this study.
Bait stations have been specifically designed to exclude the vast majority of non -
target wildlife by the size of the entrance (see photos next page). We anticipate
that some black rats (also an exotic species) will be killed. There is also a possibility
that a small number of juvenile raccoons and possums will be affected. The toxicant
will be mixed with peanut butter and oats, which does not attract cats or dogs; the
size of the entrance would prevent consumption by household pets.
Based on prior experience with black rats, WS recommends deploying bait stations
with 40 meter spacing. Because the GR population may be at a lower density than
black rat infestations, FWC and WS wish to test different bait station densities on
the smaller area of Crawl Key. Approximately 100 bait stations will be placed in a
50-meter grid. Remote cameras will record any GR activity for 2-3 days at bait
stations with no toxicant. Zinc phosphide will then be added to the bait stations,
which will be monitored daily for an additional 10 days. A second round of
photographs will be used to assess the effectiveness of the project.
Thank you for your consideration.
Submitted by:
Scott Hardin, Exotic Species Coordinator
Florida Fish and Wildlife Conservation Commission
620 South Meridian Street
Tallahassee, FL 32399-1600
(850) 488-4068 Office (850) 251-2563 Cell
Scott. hardi n(a-)myfwc.com
�. ,}� .Try. ; �� I • l�/��
EMBIT B
Portion of Crawl Rey owned by Monroe County
Bayside of US 1 near mile marker 56.5
RE #00099540-000000
`
l
�
t5 �.-
't`�, Vim' "• 't `
A
1 -�