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Item C08 } C.8 `, County of Monroe �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS Mayor Michelle Coldiron,District 2 �1 nff `ll Mayor Pro Tem David Rice,District 4 -Ile Florida.Keys Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting July 21, 2021 Agenda Item Number: C.8 Agenda Item Summary #8412 BULK ITEM: Yes DEPARTMENT: Engineering/Roads TIME APPROXIMATE: STAFF CONTACT: Judith Clarke (305) 295-4329 no AGENDA ITEM WORDING: Approval of a Memorandum of Agreement (MOA) between the Florida Department of Transportation (FDOT) and Monroe County for the Keys Connecting Overseas to Advance Safe Travel (KEYS COAST) Connected Vehicle Pilot Project to allow FDOT to install On Board Units (OBUs) in certain county vehicles that travel on US 1 in order to collect data as part of this connected vehicle pilot project. ITEM BACKGROUND: FDOT is undertaking a connected and automated vehicle (CAV) pilot project on US 1 in the Keys. The project will utilize roadside units to communicate with vehicles' OBUs and a real-time traffic signal performance monitoring system, as more fully explained in the attached Project Information Sheet. The goal is to develop a safer and more efficient transportation corridor. In order to implement the project FDOT needs to partner with local governments who have a variety of vehicles that regularly travel on US 1. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: New STAFF RECOMMENDATION: Approval as requested DOCUMENTATION: Keys COAST Project Information Sheet Keys COAST—Monroe County_MOA_Final 12.29.2020 FINANCIAL IMPACT: Effective Date: upon execution by both parties Expiration Date: July 31, 2025 Packet Pg.248 C.8 Total Dollar Value of Contract: NA Total Cost to County: NA Current Year Portion: Budgeted: Source of Funds: 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: REVIEWED BY: Judith Clarke Completed 06/24/2021 2:06 PM Christine Limbert Completed 06/24/2021 3:12 PM Purchasing Completed 06/24/2021 3:42 PM Budget and Finance Completed 06/24/2021 4:09 PM Maria Slavik Completed 06/24/2021 6:11 PM Liz Yongue Completed 07/02/2021 12:09 PM Board of County Commissioners Pending 07/21/2021 9:00 AM Packet Pg.249 --------------------------------------------------------------------- -------------------------------------------------------------------- ------------------------------------------------------- Project Information Sheet FDOT District 6 Connected Vehicle Project US 1 from Key West to Monroe County/Miami-Dade County Line The Florida Keys Connecting Overseas to Advance Safe Travel (Keys COAST)will be the first of its kind connected and automated vehicle(CAV) project being led by FDOT District 6.This planned project will be located on the US 1 segment in Monroe County from MM 0.0 to MM 112.5. US 1 is the sole highway connection between the mainland and much of the Florida Keys for residents, visitors, and businesses, and as such is a major evacuation CL route and an economic contributor.This project will be a multi-modal corridor management project promoting 2 safety and mobility for all road users. The project will establish connectivity between various modes (cars, trucks, buses, pedestrians, bicyclists, and emergency vehicles)and a connected vehicle traffic signal system (CVTSS)along with other systems such as mid- block pedestrian crossings, weigh-in-motion (WIM), drawbridge, and emergency signals. The goal is to use emerging technologies to develop a safer and more efficient corridor that is future-ready to serve this evacuation route to/from the Florida Keys.The project concept includes roadside units (RSUs) capable of Dedicated Short- Range Communications(DSRC)and cellular communications,a cloud-based information dissemination platform, customized software applications, a real-time traffic signal performance monitoring system, on-board units (OBUs), smartphone on-board units, and bike-ped safety application. These project features will allow FDOT arterial traffic management staff to perform real-time active arterial management on US 1.These tools will also allow for more efficient flow of transit and freight along the corridor, along with enhanced emergency service response. Automated Traffic Signal Performance Measures (ATSPM) will be established to determine the effectiveness of the project and to allow for real-time performance monitoring. The project map is shown below. In.�"p'�+ l rgr, IY � F KEY WEST,FLORIDA MARATHON,FLORIDA � plants-Key L_ CL .� " rit LEGEND y Weigh-in-Motion (1) Pedestrian Hybrid Beacon(6) Pedestrian Mid-Block Crossing(3) E Kra` Emergency Signal(8) ugarlaaf K> y N d Traffic Signal(31) Drawbridge(1) Note:The project is developed based on CAV applications used and available in the industry today.The project before and after analysis with a university partner is proposed to validate the benefits promised by these applications. Packet Pg.250 C.8.b Memorandum of Agreement(MOA) KEYS CONNECTING OVERSEAS TO ADVANCE SAFE TRAVEL MEMORANDUM OF AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF TRANSPORTATION,DISTRICT SIX AND THE COUNTY OF MONROE FOR 0. THE KEYS CONNECTING OVERSEAS TO ADVANCE SAFE TRAVEL 2 (KEYS COAST)CONNECTED VEHICLE PILOT PROJECT THIS MEMORANDUM OF AGREEMENT, hereinafter called the "MOA" or "Agreement", U entered into this day of by and between the STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, DISTRICT SIX located at 1000 NW I I Ith Ave, Miami, < FL 33172, hereinafter referred to as "FDOT", and the COUNTY OF MONROE, located at 1100 U Simonton Street, Suite 205, Key West, FL 33040, hereinafter referred to as "PARTICIPANT", collectively referred to as the "PARTIES." WHEREAS, Keys COAST is defined as Keys Connecting Overseas to Advance Safe Travel hereinafter referred to as "Keys COAST", an FDOT-led connected vehicle pilot project on US 1 (SR 5) in Monroe County, Florida; and e( WHEREAS, pursuant to this pilot project, FDOT intends to install Roadside Units (RSUs) at signalized intersections along approximately 112 miles of US 1 from Key Largo to Key West and at other select locations; and WHEREAS, pursuant to this pilot project, FDOT intends to install On-Board Units (OBUs) N on test vehicles including and not limited to freight, transit, emergency, and agency fleet vehicles (Test Vehicles); and U- i WHEREAS, pursuant to this pilot project, FDOT intends to upgrade the existing traffic signal system to include Automated Traffic Signal Performance Measures (ATSPM) and implement 2i Security Credential Management System (SCMS); and WHEREAS, the connected vehicle (CV) infrastructure and devices installed on state roads cj pursuant to this pilot project will become part of FDOT's overall traffic management and traffic signal system; and C 0 NOW, THEREFORE, in consideration of the mutual benefits, the PARTIES agree as follows: v) e( Section 1. Term This Agreement shall commence upon the signature of both PARTIES and shall continue through July 31, 2025. This Agreement may be extended for an additional three-year term upon the expiration of this Agreement by the mutual consent of the PARTIES. Version 07-31-2020;Draft 10-21-2020 Page 1 Packet Pg.251 C.8.b Memorandum of Agreement(MOA) KEYS CONNECTING OVERSEAS TO ADVANCE SAFE TRAVEL Section 2. Project Concept and Data Collection The Connected and Automated Vehicle (CAV) technology is not a fully developed technology but an important step in advancing public safety. As part of this effort, FDOT will install OBUs on Test Vehicles that run on US I in Monroe County including police vehicles, fire rescue trucks, agency fleet vehicles, and transit vehicles. eL m This OBU installation by FDOT does not modify the PARTICIPANT's responsibility to operate and 2 maintain Test Vehicles in a safe vehicle operating condition at all times. The driver of the Test > Vehicle remains in full control of the vehicle and is responsible for all driving functions when operating the vehicle. The OBUs will collect and send data on vehicle actions and communications U with other connected vehicles, cyclists, pedestrians, and certain infrastructure. FDOT will install RSUs into existing FDOT infrastructure to communicate with OBUs and collect data recorded to 0 measure the benefits of the system and verify its operational status. v) The OBUs may record information from all sources available which include the position, speed, and U direction of the Test Vehicle and may record the time surrounding an event. The OBU collected data may be encrypted on the Test Vehicle without any private/identifiable information and transmitted ' securely to FDOT. a It is envisioned that cyclists and pedestrians may use technology similar to that of the OBUs in the F form of a mobile application (hosted on Smartphones or similar devices) that may broadcast data about their localized position and movement information on sidewalks and crosswalks, analyze their location information, and may provide alerts to those users and to participating vehicles. 2 CD The alerts/warnings that will be provided to drivers/operators may consist of the following safety `V warnings: potential red-light violation; approaching a school/work zone; excess speed; pedestrian in the roadway; and potential vehicle collision. In addition, the OBUs are envisioned to support a N number of vehicle-to-vehicle ("V2V") safety applications that may provide the following: forward T' collision warning; emergency electronic brake light warning; blind-spot warning; lane change warning/assist; and intersection movement assist to avoid crashes. Such V2V warnings are based on �- connected vehicle (CV) messages received from other vehicles outfitted with the CV technology. eC 2 The following range of applications may be implemented on US I using the data from OBUs and RSUs — emergency vehicle preemption; CV traffic signal system; V2V basic safety; transit signal priority; freight signal priority; and pedestrian and cyclist safety. c r_ Section 3. Confidentiality c If PARTICIPANT asserts that any information obtained in furtherance of this Agreement is U) i confidential, subject to the conditions herein, PARTICIPANT must identify the information, or categories, of information it deems confidential and identify the specific statute that authorizes exemption under Florida's public records law. Failure to identify such information as confidential constitutes a waiver of claims that the information is confidential. If FDOT receives a public records request for a document or information that PARTICIPANT has identified as confidential, FDOT shall notify PARTICIPANT of the request and inform PARTICIPANT that in order to avoid disclosure, E PARTICIPANT must file an action in circuit court within 30 days after the date of the notice seeking a declaratory judgment that the information in question is confidential and an order barring public disclosure of the document, in which case PARTICIPANT must provide written notice to FDOT that the action was filed. Failure to file an action within 30 days may constitute a waiver of any claim of Version 07-31-2020;Draft 10-21-2020 Page 2 Packet Pg.252 C.8.b Memorandum of Agreement(MOA) KEYS CONNECTING OVERSEAS TO ADVANCE SAFE TRAVEL confidentiality, and FDOT may release the documents and information requested. FDOT agrees that it will not release any information identified as confidential to any party outside of this Agreement except as set forth above and required by applicable law (public records), the virtue of court order, subpoena, or other validly issued administrative or judicial notice or order. Each party shall promptly notify the other party of any unauthorized release of the other party's CL confidential information of which said party may become aware. 2 Section 4. Installation and Equipment Maintenance The PARTIES agree that FDOT will be responsible for the installation, modification, periodic maintenance, removal, and any needed replacement of the OBUs in the Test Vehicles that are a part 0 of this pilot project, with FDOT notifying the PARTICIPANT at least one-week in advance. Upon notice from FDOT, the PARTICIPANT agrees to make all reasonable efforts to make the Test v) e( Vehicle available to FDOT during mutually agreed pre-scheduled hours for the purpose of installing, modifying, maintaining, removing or replacing the OBU. FDOT will also monitor the OBU device for health, ensure top-off of security certificates, and respond to OBU related requests by the PARTICIPANT in a timely manner. a OBUs will provide drivers with audible warnings or alerts and it is the responsibility of PARTICIPANT to alert FDOT of any suspected equipment malfunction. FDOT may seek user input on the devices, icons, and general interaction with the device from the PARTICIPANT's vehicle operator. The PARTICIPANT will cooperate with FDOT when requested for information about the 2 system and user experience. CD cv The OBUs installed on the Test Vehicles are and will remain the property of FDOT. The OBUs shall only be removed from the vehicles by FDOT, unless the PARTICIPANT requests and receives a cv written consent from FDOT approving the PARTICIPANT to remove an OBU from a vehicle. All the T' OBUs that are removed at any time during the term of this pilot project are to be returned to FDOT. At the termination of the pilot project, all OBUs shall be returned to FDOT. Within three business �- days of becoming aware of any lost, stolen, or vandalized OBU, the PARTICIPANT shall notify eC FDOT of such incident. FDOT may elect to seek reimbursement from the PARTICIPANT for all 2 OBUs not returned to FDOT by the PARTICIPANT, in which case PARTICIPANT shall provide such reimbursement. 0 U For the PARTICIPANT's Test Vehicles that are a part of this pilot project, the role of the W PARTICIPANT includes, but is not limited to: 0 • Estimating the turnover in the agency fleet and to not include as Test Vehicles those vehicles i that are expected to be replaced within the first two (2)years of the Agreement. v) • Identifying as Test Vehicles, those vehicles that frequently travel on US 1 in Monroe County. • Promptly notifying FDOT in the event that a Test Vehicle unexpectedly requires removal from service due to factors including but not limited to breakdowns, crashes, and other incidents. o If a vehicle is likely to be out of service or used in a different service area for a more than four-week period, including replacement, the PARTICIPANT will provide a two week advance notice to FDOT and make arrangement with FDOT for the removal of the E Connected Vehicle device from the vehicle. • Witnessing the installation, modification, maintenance, removal or replacement of the OBU on the PARTICIPANT Test Vehicle, and then upon completion of the said activity, accepting the vehicle back through a sign-off process to be developed by FDOT for the pilot project. Version 07-31-2020;Draft 10-21-2020 Page 3 Packet Pg.253 C.8.b Memorandum of Agreement(MOA) KEYS CONNECTING OVERSEAS TO ADVANCE SAFE TRAVEL o The sign off by the PARTICIPANT shall recognize that the OBU installation, modification, maintenance, removal, or replacement activity, as applicable, is complete, and FDOT has not caused damage to the Test Vehicle. Section 5. Assumption of Risk CL m PARTICIPANT understands that participation in the Keys COAST Project is voluntary and 2 PARTICIPANT agrees to assume any and all risks related to participation in the Keys COAST > Project, which may include but not be limited to OBU operation, removal, misuse, malfunction or inactivation. 0 Section 6. Indemnification and Insurance This project does not involve self-driving or autonomous vehicles. This project involves connected vehicles where the driver is in full control of their vehicle. The driver is legally responsible to drive the vehicle and conform with all applicable state laws and PARTICIPANT's vehicle operating policies. FDOT is not responsible for damages the driver and/or the Test Vehicle may incur in the event of a crash or any other vehicle operations. FDOT is not liable for the action(s) of the PARTICIPANT driver(s). To the extent permitted by law and as limited by and pursuant to the provisions of Section 768.28, Florida Statutes, PARTICIPANT agrees to indemnify and hold harmless the Department, including 2 the Department's officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of PARTICIPANT and persons employed or utilized by PARTICIPANT in the performance of this Agreement. This indemnification shall survive the N termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it T' constitute a waiver of the State of Florida and the PARTICIPANT's sovereign immunity. is i The PARTICIPANT shall have minimum insurance levels at the following amounts: worker's compensation, in statutory amounts, with employers' liability limits not less than $1,000,000 each 2 accident or injury; and professional liability insurance, applicable to their profession with limits not less than $1,000,000 each claim with respect to negligent acts, errors or omissions in connection with upgrades provides under this Agreement. c U 2 r- Section 7. Contacts c The County Administrator, or designee, shall be the representative of the County on all matters U) i pertaining to this Agreement and Mrs. Yamilet Diaz, FDOT District Six TSM&O Engineer - Arterials, will be the representative for the FDOT. The addresses of these representatives are as follows: Mrs.Yamilet Diaz,P.E. Roman Gastesi Florida Department of Transportation,District Six Monroe County E 1001 NW 111th Ave, 1100 Simonton Street, Suite 205 Miami,FL 33172 Key West,FL 33040 Office Number: (305) 640-7333 Office Number: 305-292-4441 yamilet.diaz@dot.state.fl.us Gastesi-Roman@monroecounty-fl.gov Version 07-31-2020;Draft 10-21-2020 Page 4 Packet Pg.254 C.8.b Memorandum of Agreement(MOA) KEYS CONNECTING OVERSEAS TO ADVANCE SAFE TRAVEL Any change of contact person name or address may be provided to the other party in writing. Section 8. Termination and Amendment The MOT and the PARTICIPANT shall each have the right to terminate this Agreement upon thirty CL (30) days advance written notification by hand delivery or by certified U.S. mail, return receipt 2 requested, postage prepaid, to the representatives at the addresses set forth in Section 7 above. Notices shall be deemed to be duly given when received by the addressee. All the OBUs shall be °' returned by PARTICIPANT to the MOT upon the termination of this Agreement. The FDOT's performance under this Agreement is contingent upon an annual appropriation by the Legislature. Termination of this Agreement under this paragraph shall be effective only upon receipt by PARTICIPANT of notification by hand delivery, at which time the PARTICIPANT's obligation hereunder shall also immediately be terminated. v) e( Subject to the provisions of Chapter 119, Florida Statutes, the MOT may terminate this Agreement at any time for refusal by the PARTICIPANT to allow public access to all documents, papers, letters or other materials made or received by the PARTICIPANT in connection with this Agreement, unless the documents, papers, letters, or other materials are confidential and exempt from public records U- requirements under state law. The PARTIES may amend this Agreement with a written agreement executed with the same formalities as this Agreement. cv Section 9. Governing Law cv Unless otherwise specifically stated herein, this Agreement shall be governed by and construed in accordance with the laws of the State of Florida. i Section 10. Severability i If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having the jurisdiction to make such U determination, the remainder of this Agreement shall remain in full force and effect provided that the W part of this Agreement thus invalidated or declared unenforceable is not material to the intended c operation of this Agreement. c i Section 11. Entire Agreement This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the PARTIES agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from E the terms hereof shall be predicated upon any prior representations or agreements (whether oral or written) or on any other documents referencing or related to the Project, the Agreement, or the PARTIES' agreement regarding same. Version 07-31-2020;Draft 10-21-2020 Page 5 Packet Pg.255 C.8.b Memorandum of Agreement(MOA) KEYS CONNECTING OVERSEAS TO ADVANCE SAFE TRAVEL It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. Section 12. Due Authorization CL m The PARTIES represent and warrant that the signatories below are duly authorized by the party each 2 represents to enter into this Agreement on behalf of said party, and by their signatures do bind the > party they represent to the terms of this Agreement. 0 U [signature page follows] 0 CD cv cv cv cv T- i i 0 2 C 0 i U U Version 07-31-2020;Draft 10-21-2020 Page 6 Packet Pg.256 C.8.b Memorandum of Agreement(MOA) KEYS CONNECTING OVERSEAS TO ADVANCE SAFE TRAVEL IN WITNESS WHEREOF, the PARTIES hereto have caused these presents to be executed the day and year first above written. L- CL �_ By: By: Michelle Coldiron NAME: Mayor TITLE: Monroe County Florida Department of Transportation, District Six Attest: KEVIN MADOK, CLERK c CJ OF MONROE COUNTY, FLORIDA CJ By: As Deputy Clerk / t~90NROE COUNTY ATTORNEY ( � APflR &D AS TO FO 4: By: CHRISTME LIMBFRT•BARROWS By: ASSISTANTCOUNTY ATroRNE. ¢° DATE_ .92L29L2.9_._ — Attorney District General Counsel CD cv cv cv cv T- i i 0 2 r- 0 i Version 07-31-2020,Draft 10-21-2020 Page 7 Packet Pg.257