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Item C11 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 16. 2006 Division: Public Works Bulk Item: Yes No Dcpartment: Facilities Maintenance Staff Contact Person: John W. King AGENDA ITEM WORDING: Approval of a Memorandum of Understanding between Monroe County and the State of Florida Department of Transportation for positioning of Public Works' vehicles and equipment prior to a projected hurricane event. ITEM BACKGROUND: In case we lose a bridge or section of a roadway, we need to have essential equipment located in each area of the Keys. This agreement provides a place to station equipment in Marathon. PREVIOUS RELEVANT BOCC ACTION: none. CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATIONS: Approval. TOTAL COST:$ BUDGETED: Yes No COST TO COUNTY: $ SOURCE OF FUNDS: REVENUE PRODUCING: Yes No x AMOUNT PER MONTH Year APPROVEl) BY: County Atty._ OMB/Purchasing _ Risk Management DIVISION DIRECTOR APPROVAL: Dent Pierce DOCUMENT A TION: Included Not Requircd_ DISPOSITION: AGENDA ITEM # Revised 2/05 COUNTY COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Florida Department of Contract Transportation Effective Date: Expiration Date: On going Contract Purpose/Description: Memorandum of Understanding between Monroe County and State of Florida Department of Transportation for the positioning of Public Works vehicles and equipment prior to a projected hurricane event. Contract Manager: John W. King 4531 Facilities Maintenance / #4 (Name) (Ext. ) (Department/Stop #) for BOCC meeting on 05/16/06 Agenda Deadline: 05/02/06 CONTRACT COSTS Total Dollar Value of Contract: $ N/A Budgeted? YesD No D Account Codes: Grant: $ N/ A County Match: $ N/ A Current Year Portion: $ - --- - ---- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW County Attorney Changes Needed YesD Noc1 YesD NoCf YesD NoD Date Out Division Director Risk Management ~ O.M.B./Purchasing Comments: OMB Form Revised 2/27/01 Mep #2 MEMORANDUM OF UNDERSTANDING BETWEEN MONROE COUNTY AND STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION This Memorandum of Understanding ('Memorandum') is made and entered into this day of , 2006, by and between Monroe County ('COUNTY'), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and the Florida Department of Transportation, District Six ('FDOT'), a public agency of the State of Florida, whose address is 1000 Northwest 111 Avenue, Miami, Florida 33172.. WHEREAS, COUNTY needs space for the positioning of public works vehicles and equipment prior to a projected hurricane event; and WHEREAS, FOOT has an Operations Center stationed in Marathon, Florida, which has adequate space for pre-positioning specified COUNTY vehicles and equipment, and whose address is 3100 Overseas Highway, Marathon, Florida 33050; and WHEREAS, the parties hereto recognize the need for entering into this MEMORANDUM designating and setting forth the responsibilities of each party; NOW, THEREFORE, in consideration the mutual covenants and other valuable considerations contained herein, the parties agree as follows: 1. SCOPE. The COUNTY, Division of Public Works, shall be allowed to pre-position the following vehicles and equipment at the FOOT Marathon Operations Center up to 72 hours in advance of an anticipated hurricane event: one front-loader; one lowboy; one dump truck; and one crew cab. The COUNTY will notify the FOOT Marathon Operations Manager, via telephone, in advance of each anticipated hurricane event, of its intent to pre-position said vehicles and equipment in order to allow the FOOT adequate time to make room for said vehicles and equipment as necessary. 2. TERM. Subject to and upon the terms and conditions set forth herein, this MEMORANDUM shall commence on the day and year above written and shall continue in force until terminated by either party in writing, with said notice of termination being provided to the other party no later than ninety days in advance of the effective date of termination. 3. USE AND CONDITIONS. COUNTY shall not place on FOOT premises FOOT Marathon Station Pre-position PW Eqpt. any structure(s) or improvements of any kind, whether temporary or permanent, unless previously approved in writing by FDOT. 4. 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. 5. TAXES. The parties are not subject to taxes and assessments. 6. INSURANCE. The parties to this MEMORANDUM represent 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 MEMORANDUM. Each party agrees to keep in full force and effect the required insurance coverage during the term of this MEMORANDUM. If the insurance policies originally purchased which meet the requirements of this MEMORANDUM 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. 7. HOLD HARMLESS. To the extent allowed by law, the FDOT 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, 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 FDOT'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 FDOT's purchase of the insurance required under this Agreement does not release or vitiate its obligations under this paragraph. FDOT 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 FDOT, 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 - FDOT Marathon Station Pre-position PW Eqpt. 2 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 FDOT. 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. 8. AMENDMENT. This MEMORANDUM may be amended by mutual agreement of the parties hereto, expressed in writing, executed and delivered by each party. 9. INVALIDITY. If any part of this MEMORANDUM shall be determined to be invalid or unenforceable, the remainder of this MEMORANDUM shall not be affected thereby, if such remainder continues to conform to the terms and requirements of applicable law. 10. GOVERNING LAWS/VENUE. This MEMORANDUM is governed by the laws of the State of Florida and the United States. Venue for any dispute arising under this MEMORANDUM shall be in Monroe County, Florida. 11. CONSTRUCTION. This MEMORANDUM has been carefully reviewed by the FDOT and the COUNTY. Therefore, this MEMORANDUM is not to be construed against any party on the basis of authorship. 12. NOTICES. Notices under this MEMORANDUM, unless otherwise specified, must be sent by certified mail to the following: COUNTY: County Administrator 1100 Simonton Street Key West, FL 33040 FDOT: Marathon Operations Manager 3100 Overseas Highway Marathon, FL 33050 Telephone: (305) 289-6100 Telephone: (305) 289-6108 Fax: (305) 289-2357 13. FULL UNDERSTANDING. This MEMORANDUM is the parties' final mutual understanding. It replaces any earlier agreements or understandings, whether written or oral. This MEMORANDUM cannot be modified or replaced except by another written and signed MEMORANDUM. FOOT Marathon Station Pre-position PW Eqpt. 3 IN WITNESS WHEREOF, each party has caused this MEMORANDUM to be executed by its duly authorized representative. (SEAL) ArrEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairman FLORIDA DEPARTMENT OF TRANSPORTATION (SEAL) ArrEST: By: By: Executive Secretary District Six Secretary LEGAL REVIEW: By: District General Counsel Date FDOT Marathon Station Pre-position PW Eqpt. 4