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HomeMy WebLinkAbout10/18/2023 Agreement °,,I COURJB' Kevin Madok, CPA 5ts cOUNSy 4 Clerk of the Circuit Court& Comptroller Monroe County, Florida DATE: July 25, 2025 TO: Cory Schwisow, Director of Emergency Management FROM: Liz Yongue, Deputy Clerk SUBJECT: October 18, 2023 BOCC Meeting The attached item has been executed and added to the record: C16 2nd renewal of a Communications Site Use Agreement between Monroe County BOCC and Florida Department of Transportation. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 STATE OF FLORMA DEPARTIVENTOF TRANSPORTATION 750-04MI ITSPROGRAM COMMUNICATIONS SITE USE AGREEMENT OGC—OW2 Page I of 7 OWNER State of Florida Department of Transportation 605 Suwannee Street Tallahassee, Florida 32399-0450 USER AGENCY Monroe County Board of County Commissioners 1100 Simonton Street Key West, Florida 33040 SITE Site Name: Tea Table Fill (6-6114) DESCRIPTION Address: 79300 Overseas Highway US 1 at Mile Marker 79.2 on Ocean Side Latitude: 24-53-42.8N Longitude: 80-39-50.2W NAD83 Tower ASR: 1062080 SITE USE Check all that apply: Z Owner Tower El Owner Shelter El New User Agency Shelter El Other: WHEREAS, User Agency desires to use a portion of said Communications Site for its communications system for the purpose of enhancing User Agency activities through radio and/or communications; and WHEREAS, Owner desires to allow User Agency to use a portion of said Communications Site within the limitations and subject to the conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the execution of this Communications Site Use Agreement, hereinafter referred to as"Agreement", it is mutually agreed between the parties hereto as follows: 1. Use of Premises Owner hereby gives permission, revocable and terminable as hereinafter provided, to the User Agency to enter the Communications Site premises for the sole purpose of using it for the improvements to its communications system equipment and operations (hereinafter referred to as the "Improvements"). Said Improvements shall be located so as to not interfere with any of the Owner's operations. 2. Fees Unless otherwise specified herein, there will be no fee for use of this Communications Site unless an additional fee or cost directly attributable to the User Agency is imposed on the Owner as a result of this Agreement. In the event that such a fee or cost is levied, the User Agency agrees to and will be required to be solely responsible for all such fees and costs. 3. Terms The initial term of this Agreement shall be for ten (10)years. The User Agency may request to renew this Agreement every ten (10)years. Renewal shall be in the form of a letter from the User Agency to the Owner requesting the renewal of this Agreement and a response from the Owner to the User Agency approving the renewal request. Renewal of this Agreement is the responsibility of the User Agency and not the responsibility of the Owner. In the event that the User Agency fails to obtain a renewal concurrence from the Owner, the User Agency will be allowed sixty (60)days to remove all antenna(s), mounting hardware, transmission line(s), and equipment from Communications Site premises, Communications Site shall be made clean and undamaged from the removal process. 750-040-01 ITS PROGRAM OGC—05122 Page 2 of 4. Access The Owner shall provide the User Agency access to the Communications Site at all times for the uses authorized herein. The User Agency shall submit a list of authorized personnel to the Owner that requires access to the Communications Site. The User Agency authorized personnel shall complete a Criminal Justice Information Services (CJIS) Background Check and complete CJIS Security Training. 5. Maintenance and Improvements The costs of any maintenance and operation of Improvements shall be at the sole expense of the User Agency. The User Agency must obtain prior written approval from the Owner and amend the Agreement if any Improvements are to be made to the User Agency equipment. This includes but is not limited to antenna changes, equipment changes, and any new equipment. The User Agency shall submit a new Structural Analysis and Intermodulation analysis to the Owner in accordance with Paragraphs 12 and 13 if a new antenna is added or replaced on the Owner's tower. 6. Indemnification To the extent permitted by law, and subject to the limitations set forth in Section 768.28, Florida Statutes, the User Agency agrees to indemnify, defend, and hold harmless the Owner, including the Owner'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 the User Agency and persons employed or utilized by the User Agency in the performance of this Agreement. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended nor shall it constitute a waiver of the Owner, the State of Florida, or the User Agency's sovereign immunity. Additionally, the User Agency agrees to include the following indemnification in all contracts with contractors/subcontractors and consultants/subconsultants who perform work in connection with this Agreement: "To the fullest extent permitted by law, the User Agency's contractor/consultant shall indemnify, defend, and hold harmless the User Agency and the State of Florida, Department of Transportation (the Department), including 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 the contractor or consultant and persons employed or utilized by the contractor or consultant in the performance of this Agreement. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the Department's,the State of Florida, or the User Agency's sovereign immunity" 7. Insurance User Agency is solely responsible for self-insurance and shall be considered so by the Owner. 8. Interference In the event the Owner determines that the operation of the Improvements by the User Agency caused interference to transmission or reception, or both of any other communications systems in use in the vicinity of the Communications Site, the User Agency shall take all appropriate steps necessary to mitigate said interference within thirty (30) days of receiving written notice. 9. Permits User Agency is responsible for obtaining and paying the costs of all permits, licenses, and/or other approvals by any regulatory body having jurisdiction over the uses authorized herein. 10. Compliance Should the User Agency fail or neglect to comply with any terms or conditions of this Agreement or to comply with any reasonable requirement of the Owner after thirty (30) days written notice and demand, this Agreement shall be subject to termination. In the event of such termination, User Agency shall immediately remove any and all of its 750-040-01 ITS PROGRAM OGC—05f22 Page 3 of 7 Improvements from the Communications Site described herein and surrender all rights and privileges under this Agreement. 11. Limitations The section headings of this Agreement are for convenience and reference only and in no way define, extend, limit, or describe the scope or intent of this Agreement or any provision hereof. This Agreement embodies the whole agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 12. Structural Analysis User Agency agrees to provide Owner with a structural analysis (if use of the Owner's tower is included in this Agreement) that indicates that the additional proposed User Agency antenna(s), mounting hardware and transmission line(s) will not exceed the tower loading standards as defined by the most current revision of the American National Standards Institute (ANSI)/Telecommunications Industries Association (TIA) 222 wind loading standard and/or the American Society of Civil Engineers (ASCE) 7 wind loading standard and/or the South Florida Building Code as required by State and/or local requirements using the most stringent and latest revision(s). The structural analysis must be provided as required, reviewed, and approved by the Department's Intelligent Transportation Systems Communications Administrator prior to technical approval of this Agreement. 13. intermoduiation Analysis User Agency agrees to provide the Owner with an Intermodulation (Intermod) analysis of all the existing and proposed receiver and transmitter operating frequencies. This analysis must provide 9th Order calculations using all transmit frequencies and include all receive frequencies and their adjacent channel frequencies. The Department will require interference analyses for any Intermod frequency deemed to produce interference. The interference analysis must produce a signal strength component based on path loss, antenna performance characteristics and spatial separation, frequency separation, and receiver and ancillary filter isolation curves. The Intermod analysis and subsequent interference analyses must be provided as required, reviewed, and approved by the Department's Intelligent Transportation Systems Telecommunications Administrator prior to the technical approval of this Agreement. 14. Chapter 471, Florida Statutes User Agency agrees that Structural Analysis and Intermodulation Analysis submittals required herein will be signed and sealed by a qualified Florida registered Professional Engineer (P.E.) in accordance with Chapter 471, Florida Statutes. 15. Standards Requirements User Agency agrees to install all equipment in accordance with but not limited to Electronics Industries Association (EIA), the Institute of Electrical and Electronic Engineers (IEEE) and National Electrical Code (NEC)standards. 16. Surge and Transient Protection Requirements User Agency agrees to provide, at User Agency's expense, any and all surge and transient protection devices, including but not limited to transmission line through-line protectors, power line primary and secondary protectors, and telephone line protectors. 17. Required Submittals User Agency agrees to submit a complete plan of the proposed additional equipment as required by the Department's Intelligent Transportation Systems Communications Administrator. The required submittals will be based on site specific needs and transmitted to the User Agency in response to a technically complete initial request to use a specific site. Submittals may include but not be limited to structural analysis (paragraph 12), Intermodulation analysis 750-040-01 ITS PROGRAM OGC—05/22 Page 4 of 7 (paragraph 13), equipment building floor space use plan, power requirements, lightning protection, microwave use plan and equipment maintenance requirements. 18. Unforeseen Problems User Agency agrees that if any unforeseen problems such as but not limited to structural overloading or overstress to the Communications Site tower, interference to any Owner or preexisting User Agency equipment, or any environmental problems were to occur, the User Agency shall correct, at the expense of the User Agency, any and all problems to the Owner's satisfaction within 60 days or within an alternate time limit determined by the Owner. 19. Cost Responsibility User Agency agrees, unless stipulated otherwise herein, to be solely responsible and that Owner shall have no responsibility for any costs including, but not limited to, equipment installation, equipment removal, utilities installation, power usage and telephone circuit usage. 20. Suspension of Operations User Agency agrees to suspend all operations and remove all antenna(s), mounting hardware, transmission line(s), and other equipment from said Communications Site within sixty (60) days of receipt of written notice to vacate said Communications Site. If the request to vacate is determined an emergency by the Owner, the User Agency agrees to immediately cease and desist as specified in the emergency request. 21. Regulatory Requirements User Agency agrees to comply with all federal, state, and local regulations, laws, and ordinances applicable to this Agreement. User Agency further agrees to operate, maintain, and control all User Agency equipment in accordance with and not in violation of any Federal Communications Commission (FCC), Federal Aviation Administration (FAA), or any other empowered regulating body rules or laws. 22. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 23. Compliance with Laws The User Agency agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. In accordance with Section 287.135, Florida Statutes, by signing this Agreement the User Agency certifies that it is not: (1) listed on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, (2) engaged in a boycott of Israel, (3) or listed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes. If the Owner determines the User Agency submitted a false certification under Section 287.135(5) of the Florida Statutes, pertaining to a boycott of Israel, the Owner shall either terminate the Contract after it has given the User Agency notice and an opportunity to demonstrate the Owner's determination of false certification was in error pursuant to Section 287.135(5)(a) of the Florida Statutes, or maintain the Contract if the conditions of Section 287.135(4) of the Florida Statutes are met. 24. Public Records The User Agency shall comply with Chapter 119, Florida Statutes. Specifically, the User Agency shall: (1) Keep and maintain public records required by the Department to perform the service. (2) Upon request from the Department's custodian of public records, provide the Department with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. 750-040-01 ITS PROGRAM OGC—05/22 Page 5 of 7 (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the User Agency does not transfer the records to the Department. (4) Upon completion of the Agreement, transfer, at no cost, to the Department, all public records in possession of the User Agency or keep and maintain public records required by the Department to perform the service. If the User Agency transfers all public records to the Department upon completion of the Agreement, the User Agency shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the User Agency keeps and maintains public records upon completion of the Agreement, the User Agency shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Department, upon request from the Department's custodian of public records, in a format that is compatible with the information technology systems of the Department. Failure by the User Agency to comply with Chapter 119, Florida Statutes, shall be grounds for immediate unilateral cancellation of this Agreement by the Department. IF THE USER AGENCY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, IT IS THE USER AGENCY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: District 1 District 6 863-519-2623 305-470-5453 D1 prcustodian@dot.state.fl.us D6prcustodian@dot.state.fl.us Florida Dept. of Transportation Florida Department of Transportation D1 —Office of General Counsel District 6—Office of General Counsel 801 N. Broadway 1000 NW 111 Avenue Bartow, FL 33830 Miami, FL 33172-5800 District 2 District 7 386-758-3727 813-975-6491 D2prcustodian@dot.state.fl.us D7prcustodian@dot.state.fl.us Florida Department of Transportation Florida Department of Transportation District 2-Office of General Counsel District 7-Office of General Counsel 1109 South Marion Avenue, MS 2009 11201 N. McKinley Drive, MS 7-120 Lake City, FL 32025 Tampa, FL 33612 District 3 Florida's Turnpike Enterprise 850-330-1391 407-264-3170 D3prcustodian@dot.state.fl.us TPprcustodian@dot.state.fl.us Florida Department of Transportation Turnpike Enterprise Chief Counsel District 3-Office of General Counsel Florida Turnpike—Office of General Counsel 1074 Highway 90 East Turnpike Mile Post 263, Bldg. 5315 Chipley, FL 32428 Ocoee, FL 34761 District 4 Central Office 954-777-4529 850-414-5355 D4prcustodian@dot.state.fl.us COprcustodian@dot.state.fl.us Florida Department of Transportation Office of the General Counsel District 4—Office of General Counsel Florida Department of Transportation 3400 West Commercial Blvd. 605 Suwannee Street, MS 58 Fort Lauderdale, FL 33309 District 5 386-943-5000 750-040-01 ITS PROGRAM OGC—05/22 Page 6 of 7 D5prcustodian@dot.state.fl.us Florida Department of Transportation District 5—Office of General Counsel 719 South Woodland Boulevard DeLand, FL 32720 25. E-Verify The User Agency shall: A. Utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Agency during the term of the contract; and B. Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 26. Attachments Please check appropriate box: ❑ None ® Yes(List attached to Agreement) REMAINDER OF PAGE INTENTIONALLY LEFT BLANK. SIGNATURE PAGE FOLLOWS. DocuSign Envelope.ID:1 E4D6735-BE8F-4BEB-B9E9-0EC34E0AF863 760.04601 rr3 PROGRAM O+ Pepe 7 of 7 IN WITNESS WHEREOF;the 06rties hereto have caused this Agreement to be.executed this • 18. day Of - October • • •, .2 3. . (-u$ . Flk Board of Cou ommissi ers 4.: o , Monroe d r , �.F iori 6 ` • • :" STATE OF FLORIDA. 0 • l :• . DEPARTMENT OF TRANSPORTATION rime of User Agency • "--Ltocusign d by:. B . Craig Cates' By: Printed Name:• . • Printed Nerve. a. Diretor 9ifireffic_Enaineeirfpg pqd QR . Title • • �. Title. . Attest:::.. KEVI N MAD .K, CLERK ,;„, tsA By: a - l ;27. ApptaiFed as to form ieplini cillicy • Deput Cler . •..t,��-,� . - �4Y se. :h10 Minima A iOf .. :' . . , t 7t O inima Cory,Assist*Comty Attorney AWN' .+ • ' . • FOR DEP.ARTENT USE ONLY •: TECHNICAL:APPROVAL: .. .. LEGAL REVIEW:."DocuSiynQd by.. ---Dot u Sig rcc by: 116.14ylizAtts, . ritAl(%5 • _ '� ,'-. EM}13 !i ;r ,C4 ter _. -�- �� .. Central Office Review. Ofice or tienerar'counset . .. • ITS Communications Administrator .44 rfa • �. • • s ATTACHMENTS (08/24/2023) A Tea Table Fill -Tower Loading Diagram B Tea Table Fill - Entry Port - Exterior View C Tea Table Fill - Floor Plan Note: This is a Renewal. Structural Analysis and Intermodulation Analysis have been waived by the Department's Intelligent Transportation Systems Telecommunications Administrator. Page Redacted per Subsection 119.071 (3)(e)1 .a., Florida Statutes Building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary, and final formats, which depict the structural elements of 911 , E911 , or public safety radio communication system infrastructure, including towers, antennae, equipment or facilities used to provide 911 , E911 , or public safety radio communication services, or other 911 , E911 , or public safety radio communication structures or facilities owned and operated by an agency are exempt from Subsection 119.07(1 ), Florida Statutes and Subsection 24(a), Article I of the State Constitution. Page Redacted per Subsection 119.071 (3)(e)1 .a., Florida Statutes Building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary, and final formats, which depict the structural elements of 911 , E911 , or public safety radio communication system infrastructure, including towers, antennae, equipment or facilities used to provide 911 , E911 , or public safety radio communication services, or other 911 , E911 , or public safety radio communication structures or facilities owned and operated by an agency are exempt from Subsection 119.07(1 ), Florida Statutes and Subsection 24(a), Article I of the State Constitution. Page Redacted per Subsection 119.071 (3)(e)1 .a., Florida Statutes Building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary, and final formats, which depict the structural elements of 911 , E911 , or public safety radio communication system infrastructure, including towers, antennae, equipment or facilities used to provide 911 , E911 , or public safety radio communication services, or other 911 , E911 , or public safety radio communication structures or facilities owned and operated by an agency are exempt from Subsection 119.07(1 ), Florida Statutes and Subsection 24(a), Article I of the State Constitution.