Item C09 C9
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
' David Rice,District 4
Board of County Commissioners Meeting
May 15, 2024
Agenda Item Number: C9
2023-2438
BULK ITEM: Yes DEPARTMENT: Emergency Management
TIME APPROXIMATE: STAFF CONTACT: Shannon Weiner
AGENDA ITEM WORDING: Approval of Memorandum of Understanding Between Monroe
County Board of County Commissioners and Monroe County Sheriffs Office to Transfer Ownership of
Equipment Described Herein, valued at $327,984.00 received at no cost from the Florida Division of
Emergency Management and authorization for the Director of Monroe County Emergency Management
and/or her designee to execute any and all necessary additional forms in order to effect the transfer of
the Assets.
ITEM BACKGROUND:
Florida Division of Emergency Management purchased and acquired equipment to include 36 vehicle
barriers, four trailers, and four haulers to aid the State's disaster response for a total equipment value of
$327,984.00. This equipment was donated to the County at no cost. Monroe County Emergency
Management determined that the equipment would best be used by Monroe County Sheriffs Office and
accepted said equipment with intent to transfer title to the Sheriff. The Sheriff agrees to be fully
responsible for the maintenance, repair, and any other costs associated with the equipment.
PREVIOUS RELEVANT BOCC ACTION:
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
MOU signed by MCSO (I GW).pdf
FINANCIAL IMPACT:
207
N/A
208
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING is made and entered into this 19 day
of April 2024 ("Effective Date"), by and between the Monroe County Board of County
Commissioners, a political subdivision of the State of Florida, whose address is 1100 Simonton
Street, Key West, Florida 33040, hereinafter referred to as "County," and The Monroe County
Sheriff's Office,hereinafter referred to as "Sheriff."
WITNESSETH
WHEREAS,the Division of Emergency Management("Division")purchased and acquired
THIRTY-SIX (36) VEHICLE BARRIERS, FOUR (4) TRAILERS, AND FOUR (4) HAULERS
("Equipment")to aid in the State of Florida's Disaster response to the Israel Evacuations; and
WHEREAS,the Division and County entered into a Memorandum of Agreement whereby
ownership of the following Equipment, valued at $81,996.00 per package, for a total Equipment
Value of$327,984.00,was donated to the County at no cost:
............
Package Equipment Destaiption Troller VIN
....................................... ......
Mendion Crop D&O Trmbeir �irvcWes (_4)Archer
1200 ireek icle Waxiiems,(1)Archer,haLger 2.0, ard 4YN&N1625RC1021M.
41t Archer arrestor c. bles
f0eudiar,Drop Ded Trader(indwides(9),Archer
2 12[K)veh Cie balTjieeis, (I rd'*,l hauler 2 0, aixt(8) 4YN6N162,1RC1021CZ
4ft, Archer arrestor caf.Aes
................
kleridcin,lrurop C*Ick Trade r(Oic kodes (,,9 r Arc hw
3, 12W Y,,ehve,bahlyiers, �,1),Arrher Nxdeq 2.0, arid�,8), 4YNGN I 620R ,102,1 055
4ft,Archer arr*Wor(gifges
..................... .................
Meridiu,jn,'Drr4,,,r Deck 7aader Jvch (
4 1,71M vehello ba),,,,,ners,,, G,1)Archer 1).-Ailer 2.0, arm n(8) 4YN,,BN1627PC1012&9
4ft, Auncher arrckS1c)r Cat),kms
WHEREAS, Monroe County Emergency Management determined that the Equipment
would best be used by Monroe County Sheriffs Office and accepted said Equipment with the
intent to transfer title to the Equipment to the Sheriff; and
WHEREAS,the Sheriff's Office has agreed to accept title to the Equipment; and
NOW THEREFORE, in consideration of the mutual understandings and agreements set
forth herein, the County and the Sheriff agree as follows:
1. OWNERSHIP—Effective immediately, title to the above-listed Equipment will
be transferred to the Sheriff, who will retain ownership of the approved equipment and will
maintain the items on the Sheriff's inventory. The Sheriff henceforth agrees to be fully
responsible for the maintenance, repair, and any other costs associated with the Equipment
following the Effective Date of this Agreement, and to abide by the terms and conditions of the
Memorandum of Agreement Between the Florida Division of Emergency Management and
Monroe County Emergency Management for the Transfer of Vehicle Barriers, Trailers and
Haulers, a copy of which is attached hereto as Exhibit A to this MOA and incorporated by
Page 1 of 3
209
reference. The Director of Monroe County Emergency Management and/or her designee is
hereby authorized to execute any and all necessary additional forms in order to effect the transfer
of the Assets.
2. NOTICES - Whenever either party desires to give notice unto the other,it must be
given by written notice, sent by registered United States mail, with return receipt requested, and
sent to:
FOR COUNTY FOR SHERIFF
Monroe County Administrator Monroe County Sheriff Richard A. Ramsay
1100 Simonton Street 5525 College Road
Key West, FL 33040 Key West, FL 33040
And
Director
Monroe County Emergency Management
490 63rd St., Suite 150
Marathon, FL 33040
Either of the parties may change,by written notice as provided above,the addresses or persons for
receipt of notices.
3. ENTIRE AGREEMENT
(a) It is understood and agreed that the entire Agreement of the parties is contained
be rein and that this Agreement supersedes all oral agreements and negotiations between the parties
relating to the subject matter hereof as well as any previous agreements presently in effect between
the parties relating to the subject matter hereof.
(b) Any alterations, amendments, deletions, or waivers of the provisions of this
Agreenient shall be valid only when expressed in writing and duly signed by the parties.
4. INDENINIFIC.AuON
County and Contractor, as state agencies or subdivisions defined in Section 768.28, Florida
Statutes, agree to be fully responsible to the limits set forth in such statute for its own negligent
acts or ornissions, or intentional tortuous actions, Which result in claims or, suits against either
County or Contractor, and agree to be liable to the statutory limits for any darnages proximately
caused by said acts or omissions, or intentional tortuous 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.
Page 2 of 3
210
IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be
affixed hereto by the proper officers thereof for the purposes herein expressed at Monroe County,
Florida, on the day and year first written above.
BOARD OF COUNTY COMMISSIONERS MONROE COUNTY SHERIFF'S OFFICE
OF MONROE COUNTY, FLORIDA
Digitally signed by Bryan Cook
By: Bryan Cook Date:2022.05.12 11 50 34
Kevin Wilson,Acting County Administrator �ii�-chard A. Ramsay, Sheriff
MONROE CO' NT,XSHER1FF',3 OFFfCfE
APPF ' E TO FORM:
zz-
,Approved as to fonn and legal sufficiency 4C,K J.MC&ULLAH
Morroe County Attorney's Office
Cluistina Cory m,Assistant Cowit�,Attoey GENERI�2ALC EL
DATE:
Ratified by the Monroe County Board of County Commissioners on May 15,2024.
(SEAL) BOARD OF COUNTY coMMISSIONERS
AT'rEsT- KEVIN MADOK, Cleric OF MONROE COUNTY, FLORIDA
By: --l-11-111............. By:
Deputy Clerk Mayor/Chairman
Page 3 of 3
211
M1,gib
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
Ron DeSantis Kevin Guthrie
Governor Director
MEMORANDUM OF AGREEMENT BETWEEN THE FLORIDA DIVISION OF EMERGENCY
MANAGEMENT AND MONROE COUNTY EMERGENCY MANAGEMENT FOR THE
TRANSFER OF VEHICLE BARRIERS, TRAILERS, AND HAULERS
This Memorandum of Agreement ("Agreement"), effective as of the date of the last signature
below ("Effective Date"), is between the STATE OF FLORIDA, DIVISION OF EMERGENCY
MANAGEMENT ("Division") and MONROE COUNTY EMERGENCY MANAGEMENT ("County")
to transfer ownership and possession of the THIRTY-SIX (36) VEHICLE BARRIERS, FOUR (4)
TRAILERS, AND FOUR (4) HAULERS ("Equipment") delineated in the attached Appendix
("Appendix") from the Division to the County.
WHEREAS, the Division purchased and acquired this Equipment to aid in the State of Florida's
Disaster response to the Israel Evacuations;
WHEREAS, the Division and the County must enter into this Agreement to transfer ownership and
possession of this Equipment; and
NOW THEREFORE, comes the Division and the County, referred herein individually as "Party"
and collectively as "Parties", to set forth the terms and conditions of this Agreement.
1) PURPOSE OF THIS AGREEMENT
The purpose of this Agreement is to memorialize the transfer of ownership and possession of the
Equipment from the Division to the County. This Agreement shall be finalized upon the Effective
Date of the last signature.
11) EQUIPMENT TRANSFERRED
The Division will transfer ownership and possession of the Equipment listed in the attached
Appendix to the County.
111) COUNTY'S RESPONSIBILITIES
a. The Division shall deliver the Equipment in "as-is" condition, and the County shall accept
the Equipment in such condition.
b. The County expressly agrees to be fully responsible for the maintenance, repair, and any
other costs associated with the Equipment upon the Effective Date of this Agreement.
Upon the Effective Date of this Agreement, the Division hereby relinquishes any
responsibility, financial or otherwise, for the Equipment.
Page I of 4
212
IV) WARRANTY AND LIMITATION OF LIABILITY
THE DIVISION MAKES NO WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR
PURPOSE, OR FOR ANY PARTICULAR RESULT.
In no event shall the Division be liable to the County for any indirect, incidental, special, punitive,
or consequential damages, arising from or in connection with this Agreement and regardless of
the cause of action or theory of law asserted.
V) INDEMNIFICATION
The County agrees to indemnify, defend, and hold the Division harmless, from any and all
liabilities, demands, damages, costs and expenses (including reasonable attorneys' fees and
court costs) arising from any third-party suits or claims to the extent based upon or resulting from
the County's use of the Equipment provided pursuant to this Agreement.
VI) COMPLIANCE WITH LAWS
The Parties agree to comply with all laws and regulations applicable to the performance of their
respective obligations under this Agreement. Each Party is responsible for its own compliance
with this Agreement.
V11) MISCELLANEOUS
a. This Agreement shall be governed by the laws of the State of Florida and venue shall be
in Leon County, Florida.
b. The Parties agree that nothing in this Agreement serves to create an employer-employee
and/or an agency relationship between the Division and the County.
c. This Agreement creates neither a partnership nor a joint venture, and neither Party has
the authority to bind the other.
d. Any modification of this Agreement or additional obligation assumed by either Party with
regard to this Agreement shall be binding only if evidenced in writing signed by an
authorized representative of each Party.
e. Either Party may request changes to this Agreement. Any changes, modifications,
revisions, or amendments to this Agreement that are mutually agreed upon by and
between the Parties to this Agreement, shall be incorporated by written instrument and
effective when executed and signed by all Parties to this Agreement.
f. This Agreement shall not be construed against either Party and shall be deemed to have
been drafted by both Parties.
g. Nothing contained herein shall constitute a waiver by either Party of its sovereign immunity
or the provisions of Section 768.28, F.S. Nothing herein shall be construed as consent by
either Party to be sued by third parties.
h. This Agreement, upon the Effective Date, contains the entire agreement of the parties and
no prior written or oral agreement,express or implied, shall be admissible to contradict the
provisions of this Agreement.
Page 2 of 4
213
i. This Agreement may be executed in counterparts, each of which shall be deemed an
original but all of which shall constitute one and the same Agreement.
INTENTIONALLY LEFT BLANK
Page 3 of 4
214
IN WITNESS WHEREOF, the terms and conditions of this Agreement are accepted by both
Parties.
MONROE COUNTY FLORIDA DIVISION OF
EMERGENCY MANAGEMENT EMERGENCY MANAGEMENT
7o 0, Digitally signed by Kevin G. I i Digitally signed by Ian Guldicelli
_o,l )'OP - Ian Guidicel
" e_e, Wilson,P.E. Date:2024.04.17 15:45:47
By: Date:2024.04.17 10:40:06-04'00' By: -04'00' — —
Signature Signature
Kevin G. Wilson, P.E. Ian Paul Gadea Guidicelli
Print Name Print Name
Acting County Administrator Bureau Chief of Response & SERT
Title Title
4/17/2024 4/17/2024
Date Date
ul
A"
Approved as to fomi and legal stifficiency
Monwe Comity Attatney's Office
Cfiris6na Cc--,,Ass is,tant County Attorney
Page 4 of 4
215
APPENDIX
EQUIPMENT TO BE TRANSFERRED TO MONROE COUNTY EMERGENCY MANAGEMENT
I-- ........................................... ...........
QtVy Equipment Description Trailer VIN
------------ Meridian
.......... ........................ .............................
Meridian Drop Deck Trailer(includes (9)Archer
1 1200 vehicle barriers, (1)Archer hauler 2.0, and 4YNBN1625RC102102
(8) 4ft. Archer arrestor cables
....................... ......... .............................----
Meridian Drop Deck Trailer(includes (9)Archer
2 1200 vehicle barriers, (1)Archer hauler 2.0, and 4YNBN162IRC102100
(8) 4ft. Archer arrestor cables
.......... ........
Meridian Drop Deck Trailer(includes (9)Archer
3 1200 vehicle barriers, (1)Archer hauler 2.0, and 4YNBN162ORC102105
(8) 4ft. Archer arrestor cables
.......... ............... ---------------...............--..........................
Meridian Drop Deck Trailer(includes (9) Archer
4 1200 vehicle barriers, (1)Archer hauler 2.0, and 4YNBN1627PC101269
(8) 4ft. Archer arrestor cables
............. ........................ ....... .........-
Page 1 of 1
216
Liz Yongue
From: Gomez-Krystal <Gomez-Krystal@MonroeCounty-FL.Gov>
Sent: Tuesday, May 14, 2024 3:27 PM
To: Ballard-Lindsey; County Commissioners and Aides; Kevin Madok; Pamela G. Hancock;
Senior Management Team and Aides; Liz Yongue; InternalAudit
Cc: Gastesi-Roman; Shillinger-Bob; Williams-Jethon; Cioffari-Cheryl; Livengood-Kristen;
Rubio-Suzanne; Pam Radloff; County-Attorney; Allen-John; Danise Henriquez; Saenz-
Stephanie; Hurley-Christine; Rosch-Mark; Gambuzza-Dina; Beyers-John; InternalAudit
Subject: Item C9 BOCC 05/15/2024 REVISED AGENDA ITEM WORDING
Attachments: AIS 2438.docx
Good afternoon,
Please be advised, the agenda item wording has been revised for item C9.
" Ratification ApprevG of Memorandum of Understanding Between Monroe County Board of County
Commissioners and Monroe County Sheriff's Office to Transfer Ownership of Equipment Described Herein,
valued at$327,984.00 received at no cost from the Florida Division of Emergency Management and
authorization for the Director of Monroe County Emergency Management and/or her designee to execute any
and all necessary additional forms in order to effect the transfer of the Assets."
Sincerely,
Executive Administrator
Monroe County Administrator's Office
1100 Simonton Street, Suite 2-205
Key West, FL 33040
(305)292-4441 (Office)
(305)850-8694(Cell)
Courier Stop#1
Notary Public
w.r o n r y e c_ u�n1y:�:V_e.gpy
i». _ z..- _u`Y _ .�.. _rn nroecou�_nt.Y..-.�..:.i»g.Y.
PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS
ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE.
1
C9
COUNTCOUNTY of MO17ll��ROE �� BOARD OF COUNTY COMMISSIONERS
Y � g Mayor Holly Merrill Raschein,District 5
The Florida Keys t Mayor Pro Tem James K. Scholl,District 3
Craig Cates,District 1
t Michelle Lincoln,District 2
" David Rice,District 4
!.F
Board of County Commissioners Meeting
May 15, 2024
Agenda Item Number: C9
2023-2438
BULK ITEM: Yes DEPARTMENT: Emergency Management
TIME APPROXIMATE: STAFF CONTACT: Shannon Weiner
AGENDA ITEM WORDING: Ratification Appfeval_of Memorandum of Understanding Between
Monroe County Board of County Commissioners and Monroe County Sheriffs Office to Transfer
Ownership of Equipment Described Herein, valued at$327,984.00 received at no cost from the Florida
Division of Emergency Management and authorization for the Director of Monroe County Emergency
Management and/or her designee to execute any and all necessary additional forms in order to effect the
transfer of the Assets.
ITEM BACKGROUND:
Florida Division of Emergency Management purchased and acquired equipment to include 36 vehicle
barriers, four trailers, and four haulers to aid the State's disaster response for a total equipment value of
$327,984.00. This equipment was donated to the County at no cost. Monroe County Emergency
Management determined that the equipment would best be used by Monroe County Sheriffs Office
and accepted said equipment with intent to transfer title to the Sheriff. The Sheriff agrees to be fully
responsible for the maintenance, repair, and any other costs associated with the equipment.
PREVIOUS RELEVANT BOCC ACTION:
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATION: Ratification Awl
DOCUMENTATION:
MOU signed by MCSO (KGW).pdf
FINANCIAL IMPACT:
1
N/A
2