05/16/2006 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
June 7, 2006
TO:
Dent Pierce, Director
Public Works Division
FROM:
Beth Leto, Administrative Assistant
Public Works Division
Pamela G. HancoA1.}lv
Deputy Clerk CY
ATTN:
At the May 16, 2006, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
Renewal Agreement between Monroe County and Siemens Building Technologies, Inc.
for testing, certification, and maintenance of the Monroe County Detention Center's fire alarm
system, building automation system, and smoke control system; the Sheriffs Administration
Building's fire alarm system and building automation system; the Juvenile Justice Center's fire
alarm system and building automation system; and the Courthouse Annex's fire alarm system.
Enclosed is a duplicate original for your handling.
/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. Enclosed are three duplicate originals, executed on behalf of Monroe
County, for your handling. Please be sure to return the fUlly executed "Monroe County Clerk's
Office Original" and the "Monroe County Finance Department's Original" as soon as possible.
Should you have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance wlo MOU
Filev'
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MEMORANDUM OF UNDERSTANDING
BETWEEN
MONROE COUNTY
AND
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
This MemOraJ1~m of Unql'!rstanding ('Memorandum') is made and
entered into this ~ day of (UU-t ' 2006, by and between Monroe
County ('COUNTY'), a political sub vIsion of the State of Florrda, 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 -
FOOT 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.
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IN WITNESS WHEREOF, each party has caused this MEMORANDUM
,/';tiSilDJt~ecuted by its duly authorized representative.
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~;.'%~'~i'%f;s.n DANNY L KOLHAGE, CLERK
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Depu y Clerk S"/II./'"
BOARD OF COUNTY COMMISSIONERS
OF MONROE C TY, FLORIDA
By:
MayorjChai man
@
FLORIDA DEPARTMENT OF
TRANSPORT TION
(SEAL)
ATTEST:
Executive Secretary
By:
@
LEGAL REVIEW:
By:~~9 0
Istrlct General Counsel
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FOOT Marathon Station Pre-position PW Eqpt.
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