Item K9
ADD-ON
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 19 April 2006
Bulk Item: Yes ~ No
Division:
Growth Management
Department:
Marine Resources
Staff Contaet:
George Garrett
AGENDA ITEM WORDING:
Approval of an Interlocal Agreement between Monroe County and the Florida Fish and Wildlife Conservation
Commission (FWC) providing funding to FWC fur overtime hours which will be incurred during pending
marine debris, vessel, and trap clean-up projects which are a part of the Hurricane Wilma recovery effort.
ITEM BACKGROUND:
FWC has played an integral part in the recovery effort for marine related hurricane damage; be it canal and
other debris, lobster and stone crab traps, or lost or abandoned vessels. FWC will continue to assist the County,
providing necessary security during both trap and vessel removal and by completing required paper work for
vessels not yet fully located and identified which were impacted by Hurricane Wilma. FWC does not have
additional funding in their budget to provide the overtime necessary to carry out tasks on the water during the
remaining portions of the clean-up eHurt. The support of FWC on the water during the clean-up will be
essential to ensure an orderly and efficient clean-up process. Maximum cost on a weekly basis will not exceed
$2,250. Costs will be shared by local, state, and federal agencies participating in the effort.
PREVIOUS RELEVANT BOCC ACTION:
None
CONTRACT/AGREEMENT CHANGES:
New Agreement
ST AFF RECOMMENDATIONS;
Approval
TOTAL COST:
Max. $2,250 I Week
12.5% of Total
BUDGETED: Yes
SOURCE OF FUNDS:
x
No
COST TO COUNTY:
Countv I FEMA
REVENUE PRODUCING: Yes
No -L AMOUNT J>er Month
Year
APPROVED BY:
County Atty ~ OMB/Purchasing -X- Risk Management /' X .
/:
DOCUMENTATION:
DISPOSJTION:
Ronda Norman, Acting Director of Growth l\1O.nagcft1t9f'
1/ C/; I
Included ~ Not Required
DIVISION DIRECTOR APPROVAL:
AGENDA ITEM NO.:
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with:
FWC
Contract #_
Effective Date:
Expiration Date:
4/1912006
8/3012006
Contract PurposelDescription:
Interlocal agreement with the Florida Fish and Wildlife Conservation Commission for
Hurricane Wilma assistance
Contract Manager:
Marine Resources / 11
(Department/Stop #)
7/~/~
CONTRACT COSTS
Total Dollar Value of Contract: $ 27,000
Budgeted? Y es~ No 0 Account Codes:
Grant: $ 0
County Match: $ 27,000 nte
Current Year Portion: $ 27,000 nte
Hurricane-Funds- _- _-_
~ - - -
--~---
- - -
-----
- ~ - -
~ ............... - - -
Estimated Ongoing Costs: $NAlyr
(Not included in dollar value above)
ADDITIONAL COSTS
For: NA
(eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Date In
Changes
Needed
Y esO NoO,,<~\ .
\;-
+A
"^'~ ~i,
YesO No~ v
YesO NO~
Date Out
County Attorney
YesDNoG
Division Director
Risk Management
O.~B.lPurchaSing
I
Comments:
~~~'.'M.'~"'~.M<'~...!
I .
OMB Form Revised 2/27/01 MCP #2
INTERLOCAL AGREEl\1ENT
THIS INTERLOCAL AGREEMENT entered into this 19th day of April, 2006
between Momoe 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.
After Hurricane Wilma and resulting as well from previous storms in the 2005 Hurricane
season, considerable debris exists in canals and nearshore 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 we have 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 not yet documented
by the Hurricane Wilma Marine Debris Removal Program (HWMDRP).
2. Document and photograph all vessels / marine debris that is authorized to be
removed which has not yet been documented by the HWMDRP.
3. Insure that all vessels / marine debris to be removed and destroyed has been
documented and given due process under Florida Statutes. Mark all vessels /
marine debris which have been given due process.
4. Insure that all documentation and photographic evidence from officers is returned
and maintained by the responsible officer in the HWMDRP effort, Officer Dave
Dipre.
Section 2. COUNTY agrees, upon receipt of appropriate documentation, to:
1. reimburse FWC for time and expense in the following amounts, not to exceed
$2,250 per week without modification of this agreement
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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 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.
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. INSURA1~CE. 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.
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Section 8. HOLD HARMLESS. To the extent allowed by law, the FWC is liable for
and must fully defend, release, discharge, indenmify 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 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, indelllilify 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 occurred, 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 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 S8. 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
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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) MOlU'oe 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. ASSIGNl\tIENT. 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. SUBORDINA TION. 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 WSIVENUE. 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 MOlU'oe 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.
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.
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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. 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 18. This Interlocal Agreement constitutes the entire agreement between the
parties and may not be modified except by written instrument executed by both parties.
Section 19. This InterlocaJ Agreement shall take effect when executed by both parties
and remain in effect until completion of both parties' obligations under Sections 1-3.
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 YOR/CHAIR PERSON
(SEAL)
ATTEST:
DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
BY:
BY:
Date
FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION
BY:
DESIGNATED SIGNATORY
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