2. 04/16/2014 Agreement BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia 1 Murphy,District 5
"' — Mayor Pro Tem,Danny L. Kolhage,District I
The Florida Keys "V George Neugent,District 2
Heather Carruthers.District 3
David Rice,District 4
Monroe County Public Works
1100 Simonton St., Rm. 2-231
Key West, FL 33040
Phone: 305.292.4560
Fax: 305.292.4558
May 8, 2014
Pat Wells, Park Manager
Dagny Johnson Key Largo Hammock State Park
c/o John Pennekamp Coral Reef State Park
P. O. Box 487
Key Largo, FL 33037
Dear Ms. Wells:
On April 16, 2014, the Board of County Commissioners approved a Memorandum of Agreement
with the State of Florida Department of Environmental Protection regarding Monroe County
providing assistance with habitat restoration at the two State Parks in Key Largo.
At your earliest convenience, please execute the five (5) originals enclosed herein and
return three(3) to me at the address listed above.
Sincerely,ly
ce
Beth Leto
Asst. Director ¢ a '!I
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Memorandum of Agreement
Between
State of Florida Department of Environmental Protection, Division of Recreation and Parks
and
Monroe County
Regarding Habitat Restoration work
at Dagny Johnson Key Largo Botanical State Park and John Pennekamp Coral Reef State Park
THIS AGREEMENT (MOA) is made the day of , 2014, by and
between STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
("DEP"), DIVISION OF RECREATION AND PARKS, 3900 Commonwealth Boulevard, Mail
Station 500, Tallahassee, Florida 32399-3000, herein called "DRP", and MONROE COUNTY,
FLORIDA, 1100 Simonton Street, Key West, Florida 33040, herein called the "County" and
both DRP and the County collectively referred to as"Parties".
WHEREAS, DRP manages Dagny Johnson Key Largo Botanical State Park ("Dagny
Johnson SP") and John Pennekamp Coral Reef State Park ("John Pennekamp SP") under lease
numbers 3267 and 3627, respectively, from the Board of Trustees of the Internal Improvement
Trust Fund of the State of Florida("Trustees"), and
WHEREAS, DRP wishes to complete habitat restoration work at the Dagny Johnson SP
and the John Pennekamp SP (collectively, the"Property"); and
WHEREAS, the County has equipment and personnel that can perform the various
restoration work; and
WHEREAS, DRP is requesting the County's assistance in performing said work and the
County is willing to assist DRP in the performance of said work; and
NOW, THEREFORE, this MOA is intended to outline the terms for performance of
habitat restoration work on the Property agreed to between the Parties. This MOA is subject to
the following terms and conditions:
1. a. PERMISSION TO ENTER PROPERTY. DRP, as lessee under Trustees'
Lease No. 3267 and No. 3627, hereby grants the County the non-exclusive permission to enter
the Property for the sole purpose of habitat restoration, which includes but not limited to filling,
mulching, recontouring, vegetation removal, and debris removal, hereinafter referred to as "the
Project". This MOA is personal to the County and may not be assigned or transferred without the
prior written consent of DRP.
In the event that any dispute arises between the Parties or with DRP, the Parties agree to attempt
to resolve the issues through meeting(s)between representatives of the each of the Parties.
MOA between the DEP/DRP and Monroe Co-Habital Restoration at Dagny Johnson and John Pennekamp the State Parks
No work shall commence until after sunrise and all work must be completed by sunset, unless
such work is coordinated with and approved by the park manager of the Property, hereinafter
referred to as "the Park Manager".
DRP and its duly authorized agents retain the right to enter the Property or to engage in
management activities not inconsistent with the use herein provided.
b. SCOPE OF WORK. The County shall provide heavy equipment including but
not limited to dump trucks, road/motor graders, bulldozers and backhoes when available which
shall only be operated by County personnel qualified to operate such heavy equipment. Work
including but not limited to delivery and deposition of mulch, delivery and deposition of clean
fill, scarification of land, and tilling shall be performed by County personnel at the direction of
the Park Manager or his/her designated representative. DRP shall be solely responsible for
obtaining any permits and performing any work required to obtain such permits from any agency
having jurisdiction over the work performed by County personnel and equipment on the
Property.
c. LENGTH OF TERM. This MOA is in effect for the period of five years from
its execution date.
2. PROOF OF LIABILITY INSURANCE. The County shall provide proof of
liability insurance to the Park Manager prior to entering the Property. The liability insurance
shall be in amounts not less than $200,000 per person and $300,000 per incident or occurrence
for personal injury, death and property damage. Such policies shall name the Trustees, DEP, and
DRP as additional insureds. The County, as a political subdivision of the State of Florida,
represents to DRP 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 Section 768.28,
Florida Statutes, and Chapter 440, Florida Statutes, as well as any and all claims within the
limitations of Section 768.28, Florida Statutes, and Chapter 440, Florida Statutes, arising out of
the activities governed by this MOA.
3. LIABILITY. The County shall assist in the investigation of injury or damage
claims either for or against the Trustees, DEP, or DRP pertaining to the County's respective areas
of responsibility under this MOA or arising out of the County's respective management programs
or activities and shall contact DRP regarding the legal action deemed appropriate to remedy such
damage or claims.
The County, as a political subdivision 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 tortuous acts, which result in claims or suits against
either DRP, DEP 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.
DRP, a division within DEP, an agency 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
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MOA between the DEP/DRP and Monroe Co-Habitat Restoration at Dagny Johnson and John Pennekamp the State Parks
negligent acts or omissions, or intentional tortuous acts, which result in claims or suits against
either DRP, DEP 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.
4. PAYMENT. No payment of money shall be due to DRP or the County under this
MOA.
5. NOTICE. The County shall contact the Park Manager at the below listed
addresses prior to commencing any activities at the Property and any and all correspondence
shall either be hand delivered or sent via certified mail,return receipt requested.
As to DRP:
Attention:
Paul Rice, Chief
Florida Park Service—District 5
137985 E Federal Hwy
Hobe Sound, FL 33455
---- ------(561)546-0900
Attention:
Pat Wells, Park Manager
Dagny Johnson Key Largo Hammock State Park
c/o John Pennekamp Coral Reef State Park
P.O. Box 487
Key Largo, FL 33037
As to the County:
Director of Public Works
1100 Simonton St., Rm. 2-231
Key West, FL 33040
(305) 292-4560
6. COMPLIANCE WITH LAWS. The County will comply with all laws,
ordinances, and governmental rules and regulations which apply to its activities on the Property.
DAP will obtain all necessary permits and/or authorizations as may be required by the regulatory
agencies.
7. TITLE. DRP neither warrants title to the Property nor guarantees the suitability
of the Property for any particular use.
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MOA between the DEP/DRP and Monroe Co-Habital Restoration at Dagny Johnson and John Pennekamp the State Parks
8. NONDISCRIMINATION. The Parties agree that neither DRP nor the County
shall violate any federal or State of Florida discrimination or equal employment opportunity
laws.
9. COOPERATION. In the event any administrative or legal proceeding is
instituted against either party relating to the formation, execution, performance, or breach of this
MOA, the Parties agree to participate, to the extent reasonably required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related to the substance of this
MOA or provision of the services under this MOA. The parties specifically agree that no party
to this MOA shall be required to enter into any arbitration proceedings related to this MOA or
any attachment or addendum to this MOA.
10. COVENANT OF NO INTEREST. This MOA constitutes permissive use only.
The County agrees that it does not and shall not claim at any time any right, title, interest or
estate of any kind or extent whatsoever in the Property by virtue of this MOA or its occupancy or
use hereunder.
11. NO SOLICITATION/PAYMENT. Neither DRP nor the County in respect to
itself, has employed or retained any company or person, other than a bona fide employee
working solely for it, to solicit or secure the Project and that it has not paid or agreed to pay any
person, company, corporation, individual, or firm, other than a bona fide employee working
solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or
resulting from the award or making of the Project.
12. PUBLIC ACCESS TO RECORDS. The Parties shall allow and permit members
of the public reasonable access to, and inspection of, all documents, papers, letters, or other
materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
parties in conjunction with this MOA.
13. TERMINATION. Either party may terminate this MOA by providing thirty (30)
days written notice thereof to the other party.
14. AUTHORITY. Each of the signors below represents that he/she has the authority
to execute this MOA on behalf of his respective agency or commission.
15. RESPONSIBILITY FOR MAINTENANCE. Upon completion of the Project by
the County, DRP shall be responsible for the maintenance and management of the Project.
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MOA between the DEP/DRP and Monroe Co-Habital Restoration at Dagny Johnson and John Pennekamp the State Parks
IN WITNESS WHEREOF, the parties have executed this MOA the date and year first
above written.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION,
DIVISION OF RECREATION AND
Witnesses: PARKS
reQ 7 �� By: A,
Witness Signature Art Yerian, Chief
Florida Pa c Service - District 5
E u2ski(r77 thiCult6C
Printed/Typed Name of Witness
Witness Signature
Printed/Typed Name of Witness
App ved as to force d legality:
• Jek
D -- -ttome MONROE COUNTY, FLORIDA
Witnesse • By its Ba of Cou Isioners
Wit e�s )i tre
Printed/Typed Name of Witness
DV A)4.,, Clerk
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Witness Signature lerk
,r, U Mk/ wvv
Printed/Typed Name of Witness
OU k"r -INEY
P ED HM
Lei
ISTANT OUNTV AI ORN
Date
Da 3/3( /
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MOA between the DEP/DRP and Monroe Co- Habital Restoration at Dagny Johnson and John Pennekamp the State Parks