Item C16AGENDA ITEM SUMMARY
Meeting Date: April 163 2014 Division: Public Works/Engineen
Bulk Item: Yes X No Department: Road Department
Contact Person: Dent Pierce/305-292-4560
AGENDA ITEM WORDING: Approval of Memorandum of Agreement with the State of Florida
Department of Environmental Protection, Division of Recreation and Parks, (DRP) regarding habitat
restoration work at the Dagny Johnson Key Largo Botanical State Park and John Pennekamp Coral Reef
State .,ark.
ITEM BACKGROUND: DRP wishes to complete habitat restoration at the two State parks, which
includes but is not limited to filling, mulching, recontouring, vegetation removal, and debris removal,
and the County has the equipment and personnel to help assist with the restoration work. VvThen
trucks, road/motor graders, bulldozers and backhoes, which shall only be operated by County personnel
qualified to operate such heavy equipment. DRP is 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.
CONTRACT/AGREEMENT CHANGES: New five-year agreement.
11310111241111411
COST TO COUNTY:- same SOURCE OF FUNDS: Gas Tax Fund 102
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
toil Er1.
-
APPROVEDBY: County Arty, Oft/purcilasing_ RiskManage men
DOCUMENTATION: Included X Not Required _
DISPOSITION: AGENDA ITEM #
I UV COM I t to] 200111 k 24 1 wo
Contract with: State of Florida Q
Protection, Div. of Recreation
and Parks (DRP)
Contract #
Effective Date: 04/16/14
Expiration Date: 04/15/19
Contract PMose/Description: Assist DRP with habitat restoration at Dagny Johnson KL
Botanical State Park and John Pennekamp Coral Reef State Park by providing County Road
Department staff and equipment, when available.
I Contract Manager- Beth Leto
(Name)
I
Total Dollar Value of Contract: $_0_
Budgeted? Yes Z NoF]
Grant: $
County Match: $
Estimated Ongoing Costs: $
(Not included in dollar valueabove—)
4560 Public Works - #1
(Ext.) (Department/Stop #)
Agenda Deadline: April 1, 2014
Current Year Portion: $
Account Codes:
ADDITIONAL COSTS
—/yr. For:
(e.g., maintenance, utilities, janitorial, salaries,, etc.)
CONTRACT REVIEW
Changes
Date Out
Division Director
Risk Management
Date In
f
Needed Reviewer
Yes[:] No 3/31 /1
Yes E] N.Z/
O.M.B./Purchasing
County Attorney
-3L31 All
Yes E] NoE
Yes E] Nop
Comments:
DISF1111=0 Isr"awl 59mmem
Memorandum of Agreement
Between
State of Florida Department of Environmental Protection, Divisionof 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 # the day of 2014, by #.
between OF O ! DEPARTMENT OF ENVIRONMENTAL .. • !
("DEP"), DIVISION OF RECREATION AND PARKS, 3900 Commonwealth Boulevard, M
Station 500, Tallahassee, Florida # ! and MONROE COUNT
numbers
WHEREAS, DRP wishes to complete habitat restoration work at the Dagny Johnson SP
# the John . # SP (collectively, the "Property"); and
WHEREAS, the County has equipment and personnel that can perform the various
restoration work; and
!.. is requesting
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:
I . a. PERMISSION TO ENTER PROPERTY. !.
as lessee under
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,
recontouring, vegetation removal,and debris removal,referred. # + ispersonal# or transferredwithout
prior written consent'
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 R. 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 perfortned 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
T,f# # # A or arising out of the County's resfjcective mana_,vLmLnt -sro warns
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 768.2
I
Florida Statutes, agrees to be fully responsible to the limits set forth in such statute for its o
negligent acts or omissions, or intentional tortuous acts, which result in claims or suits again
either DRP, DEP or County, and agrees to be liable to the statutory limits for any damag
proximately caused by said acts or omissions, or intentional tortious acts.
negligent acts or omissions, or intentional tortuous acts, which result in claims or suits again
either DRP, DEP or County, and agrees to be liable to the statutory limits for any damag
proximately caused by said acts or omissions, or intentional tortious acts. I
Nothing contained in this Section shall be construed to be a waiver by either party of a.rffll
protections under sovereign immunity, Section 768.28 Florida Statutes, or any other simil
provision of law. Nothing contained herein shall be construed to be a consent by either party
be sued by third parties in any matter arising out of this or any other agreement. I
5NOTICE. 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.
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 Pe ea Coral Reef State Park
P.O. Box 487
Key Largo, FL 33037
Ili
Director of Public Works
I 100 Simonton
Key West, FL 33040
(305) 292-4560 1
6. COMPLIANCE WITH LAWS. The County will comply with all law'.
ordinances, and governmental rules and regulations which apply to its activities on the Propert
DRP will obtain all necessary j2ermits and/or authorizations as m�!y be required by the reg2latoll
7. TITLE. DR-P neither warrants title to the Property nor guarantees the suitability
of the Property for any particular use.
3
i1 1 111, R Iffiff 112MINTOWEIN PTEMAM
8. NONDISCRIMINATION. The Parties agree that neither DRP nor the County
shall violate any federal or State of Florida discrimination orequal 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 fNTEREST. This MOA constitutes permissive use on].
The County agrees that it does not and shall not claim at any time any right, title, interest
estate of any kind or extent whatsoever in the Property by virtue of this MOA or its occupancy
use hereunder. I
11. NOSOLICITATION/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 tothe 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 MAlNTENANCE. Upon completion of the Project by
the County, DRP shall be responsible for the maintenance and management of the Project.
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
Witness Signature
Printed/Typed Name of Witness
Witness Signature
Printed/Typed Name of Witness
Approved as to form and legality:
OFF Attorney
Witnesses:
Witness Signature
Printed/Typed Name of Witness
Witness Signature
Printed/Typed Name of Witness
By:
Paul Rice, Chief
Florida Park Service - District 5
0
ATTEST:
Amy Heavilin, Clerk
M 1__t )LI (1(XjW 'INEY
P11 ED i, N1
-AS ISTANT ('0UNTY A.I Y
Date.
5
MOA between the DEP/DRP and Monroe Co - Habital Restoration at Dagny Johnson and John Pennekamp the State Parks