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Resolution 725-1989 Public Works RESOLUTION NO. _Z..22,::12~2_____ l\. ro~gOI,Ul'ION OJ? ~rlIE BOARD OJ!" COUNTY COMlH SS IONEHS OF MONROE COUN'l'Y, FLORIDA, AUTHORIZING 'l'HE MAYOR/ CHt\IRMAN OF THE BOARD TO EXECUTE Ii f..:ON'TRACT AGP.EEMEN'T BY AND BETWEE.N COLLIER COUNTY AND MONROE COUNTY CO?~CE:RNING MAINTENANCE ASSIST1\NCE ON r.oop ROl\D. HE IT RESOLVED BY l'UE BOiiRD Ol?' COUNTY OE' COMMISSIONERS OF MONROE COUN'l'Y, r:'LORIDA, thattht'~ MRYOjc/Cha.lrman of the Board is h~~reby authori::;e,d 1:0 execute a contract by :;'tl1d between Collier Count:y and MODToe County concr~rning maintenance assistance on Loop Road, a c:opy of Game bei:ngatt:ac:hl~d hereto. PASSED A.~ ADOl/TED by tlile Board of:' County Gommi.ssionen:; o:f r>lon:r:".Jc County, Florida, e.t a reglllal: rnE.~etin-g of said Board held on tJl(~ 22nd day of November, A.D. 1989. Cl 0-': C" C LJ..' C'. C C l.l, C W ..J u... r- ~:'}: co c:r:: ~ . BOAllD OF COUNEY CO~1MISSIONER OF !<iONR.of~ COn-UTI, l!'I.ORIDA ---....-..."':--.,.""# By_.._d!;~~~__.____ \0 I C_,','~ LJJ c::;:I MaY{)~I"/Chai rman (Seal) i\tl:est: DANNY 1.._ KOI:'HAGE, Cli~rk 4:'PPOVF-) AS-) ."ORM ,- QL~. ,/; :."! 'll,,'" ~l.OCAL AGREEMENT BETWEEN M:>NROE CXXJN'I'Y AND f"Y"lT ,T."fER { FOR MAlNI'ENANCE ASSISTANCE ON LOOP ROAD THIS AGREEMENT, made this _ day of , 19_, by and between Monroe County, a p:>litical subdivision of the state of Florida, am COllier County, a p:>litical subdivision of the state of Florida. WIT N E SSE T H: WHEREAS, there is a need to maintain a sixteen (16) mile p:>rtion of IDop Road herein described as that part of the said road lying in Monroe County am beginning at the Monroe-COllier County line, thence in a southerly am easterly direction to the Monroe-Dade County Line, a distance of approximately sixteen (16) miles; and WHEREAS , Collier County provides am is responsible for maintenance functions for that p:>rtion of loop Road in Collier County, and a p:>rtion of loop Road in Monroe County is an extension of the Collier County p:>rtion of said road. Due to the long and time constnning route necessary for Monroe County to move equipment and labor to the Monroe County p:>rtion of loop Road, it is an ~ hardship for Monroe County to perfonn its maintenance responsibilities on that p:>rtion of IDop Road; and WHEREAS, Collier County is prepared to assist Monroe County by perfonnin:J maintenance-type functions as outlined am authorized by Monroe County for the above described p:>rtion of loop Road in Monroe County. NOW, 'lHEREFORE, IN CONSIDERATION OF THE PREMISES AND OIHER GOOD AND VAIlJABIE CONSIDERATION RECEIVED AND ACKNOWIEOOED BY THE PARl'IFS 'ill BE SUFFICIENT, THE PARrIES AGREE AS FOLIDWS: 1. Collier County will assist in the maintenance functions on the above described p:>rtion of loop Road in Monroe County based on specific written authorization from Monroe County which shall outline the scope and budgetary limitations of said work. Collier County reserves control over scheduling of said work. 2. Following receipt of appropriate proj ect rep:>rting infonnation am invoices, Monroe County agrees to reimburse Collier County, on a monthly basis, for any and all expenditures made by Collier County on said p:>rtion of loop Road in Monroe County. Said reimbursement shall include the actual cost of equipment, labor, materials, supervision, and administration required in said maintenance procedures as dOCLmlel1ted by Collier County in accordance with the prior authorization of Monroe County. 3. To the extent allClW'ed by the laws of Florida, Monroe County agrees to indemnify, defend, save and hold hannless Collier Cotmty fran all claims, demands, liabilities and suits of any nature arising out of, because of, or due to any negligent act or occurrence or anission or ca:ani.ssion of Monroe Chmty, its agents, or employees. It is specifically understood and agreed that this indennification by Monroe County does not cover or indamify negligence or breach of contract by Collier County, its agents, or employees. Performance of this Agreement by Collier County is the specific consideration fran Collier County for Monroe COlmty'S indamification. 4. To the extent allowed by the laws of Florida, Collier County hereby agrees to indEmnify, defend, save and hold hannless Monroe COlmty fran all claims, demands, liabilities and suits of any nature arising out of, because of, or due to any negligent act or occurrence or anission or ccmni.ssion of Collier County, its agents, or employees. It is specifically understood and agreed that this inderrnification by Collier COlmty does not cover or indennify negligence or breach of contract by Monroe County, its agents or employees. Perfonnance of this Agre€lJE1t by Monroe COlmty is the specific consideration fran Monroe County for Collier County's indemnification. 5. This Agreement may be terminated by either party by giving thirty (30) calendar days advance written notice of the party's intent to withdraw fran the Agreorent. Termination of the Agreement shall occur upon proper service, as required by this section, of written notice to terminate being submitted by either party. Termination notice shall be served by certified mail, return receipt requested. The notice shall be served by t-kmroe County on the office of the Collier County Transportation Services Achni.nistrator. Notice by Collier Cotmty to t-kmroe County shall be served on the office of the ~JOnroe Cmmty Public Works Director. 6. \>.here tennination of this Agreement is instituted by Collier County, said termination. shall not affect any rights of Collier County against Monroe County then e.."{isting or which may thereafter accrue. If termination of this Agrea1Ent is instituted by.M.:>nroe County, said termination shall not affect any rights of Monroe County against Collier County then existing or ~ich may thereafter accrue. IN \."I'INESS WHEREOF, the parties hereto have caused these presp.nts to be executed the day and year first written. . \ A'lTEST : JAMES c. GIIES, ClERK BY: DEFUTY ClERK ATI'EST: , ClERK BY: DEIUlY CIERI< APP.ROVEo AS TO FORM AND !.mAL SUF'FICImcy: KENNE'IH B. ClJYIER COILIER cnJNTY ATroRNEY OOARD OF CXXJmy CXMfISSlOOERS roILIER 000NlY, FroRIrl~ BY: IURl' L. SAUNDERs, 0fAIR.fAN OOARD OF 000NlY CXM-fISSlOOERS M:>NOOE 000NlY, FIDRI~ BY: , ClJAI:R.!AN APFroVEO AS TO Fa\M AND~~: ~E 000NlY ATroRNEY ..