2020-10-06 Ex 06/Traffic• Corurol Preemption A10U 2020-202TJ
MEMORANDUM OF UNDERSTANDING
BETWEEN
OKEECHOBEE COUNTY
AND
THE CITY OF OKEECHOBEE
FOR THE ADMINISTRATION OF TRAFFIC CONTROL
PREEMPTION
This Memoranduâ–şn of Understanding (hereinafter "MOU") is made and entered into effective
the day of 2020. between OKEECHOBEE COUNTY, a political
subdivision of the State of Florida (hereinafter the "COUNTY") and the CITY OF OKEECHOBEE,
a municipal corporation in the state of Florida (hereinafter the "CITY").
WHEREAS, the COUNTY and the CITY are political subdivisions of the State of Florida,
having a responsibility to provide certain services to benefit the citizens of Okeechobee County and the
City of Okeechobee; and
WHEREAS, the COUNTY provides fire and emergency services within both the county
and the incorporated limits of the city; and
WHEREAS, the COUNTY has fire rescue stations within the City of Okeechobee; and
WHEREAS, the CITY agrees that the COUNTY sometimes needs to preempt the traffic control
devices of the CITY for the purpose of swift and efficient movement of fire and rescue vehicles; and
WHEREAS, the parties desire to enter into this MOU to set out the general understanding
of the working arrangement between the parties for the operation and management of traffic signal
preemption and to provide predictability for the parties.
NOW, THEREFORE, the parties set forth the following understandings for the purpose of
memorializing the working arrangement and procedures that have been contemplated by the
COUNTY and the CITY, and in consideration of the premises, and in consideration of the mutual
conditions, covenants and obligations hereafter expressed, it is agreed as follows:
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1. Recitals. The foregoing recitals are true and correct and constitute amaterial inducement to the
parties to enter into this MOU. Said recitals are hereby ratified and incorporated herein by
reference.
2. County's Responsibilities. During the Term of this MOU, the COUNTY's responsibilities
shall be as follows:
a. to procure a contractor or vendor chosen by the COUNTY to perform the installation
and maintenance services as needed, to the extent that such installation and
maintenance cannot reasonably be performed by the parties, the cost of which shall
be entirely borne by the COUNTY, except where the equipment is installed on
CITY vehicles;
b. to procure all preemption equipment to be installed in CITY maintained traffic
signals, including installation at the COUNTY's expense;
C. to ensure that the contractor or vendor installing the preemption equipment in CITY
maintained traffic signals holds proper International Municipal Signal Association
(IMSA) certification appropriate to the work being performed and/or the preemption
equipment manufacturer;
d. to provide the CITY with written documentation of Florida Department of
Transportation (FDOT) approval for the installation of the traffic signal preemption
equipment to be installed in CITY maintained FDOT owned traffic signals;
e. to ensure that all traffic signal preemption installed in CITY maintained signals is
included in the current FDOT APL Traffic Equipment Contract at the date of
purchase;
f. to replace any traffic signal preemption equipment installed by the COUNTY that
fails or becomes obsolete, including installation at COUNTY's expense;
g. to ensure that the preemption equipment installed by the COUNTY at the
intersection of State Road 70 and U.S. Highway 441 is compatible with the
preemption equipment currently installed;
h. to install the preemption equipment purchased by the CITY fire department
vehicles;
i. to ensure that the contractor or vendor procured by the COUNTY is properly
insured;
j. to troubleshoot problems that arise between the preemption equipment and
equipment installed on the CITY fire department vehicles; and
k. to provide any troubleshooting and maintenance beyond the basic level provided by
the City and the COUNTY's expense.
3. City's Responsibilities. During the Term of this MOU, the CITY's responsibilities shall
include the following:
a. to allow the COUNTY or its contractor or vendor to install preemption equipment
at the intersections of Highway 441 and State Road 70 and Highway 441 and South
21 st Street, as well as other intersections or signals that the COUNTY and the CITY
jointly agree to in the future;
b. to provide employees for training by the COUNTY's procured vendor or contractor
for troubleshooting the system and equipment and performing basic maintenance
and repairs not requiring the replacement of equipment;
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C. to troubleshoot system and equipment failures and make repairs when repairscan
be done within the CITY employees' training and reasonable capabilities; and
d. to contract with the COUNTY's procured contractor or vendor to repair equipment
installed in CITY vehicles.
4. Both Parties' Responsibilities.
a. Both parties shall actively pursue, establish, and maintain a business -like,
responsible, and responsive working relationship with each other. As regularly as
appropriate, designated employees of the COUNTY and the CITY shall meet or
otherwise communicate to review operations, maintenance, reports, and other data
information relating to the implementation ofthis MOU.
b. Both parties shall endeavor in good faith to make funding and staff available to carry
out the responsibilities designated herein.
5. Term; Termination.
a. Term. This MOU shall have a Term of one (1) year beginning August 1, 2020, and
ending July 31, 2021, unless terminated earlier in accordance with its terms. The
MOU may be renewed annually for as long as the parties mutually agree to renew.
However, the COUNTY shall continue to maintain the preemption equipment
installed in CITY -maintained traffic signals for the life of the equipment or until the
COUNTY removes such equipment.
b. Termination at Will. This MOU may be terminated by either party giving not less
than ninety (90) days written notice to the other party; provided, that this provision
shall not be construed to relieve either party from its rights or obligations of this
MOU through the date of the actual termination. Said notice shall be delivered by
certified mail, return receipt requested, or in person with proof of delivery.
C. Termination for Cause. Either party shall have the right to terminate this MOU for
the other party's material non-compliance with the terms and conditions ofthis MOU
if such other party fails to cure such material non-compliance within ten (10) days
after receiving notice thereof from the noticing party, or within such additional time
as the noticing party may allow.
d. Upon termination, the COUNTY shall be responsible for the removal of any traffic
signal preemption equipment deemed necessary by the CITY at the COUNTY's
expense.
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6. Records.
a. Both parties shall comply with the public records provisions of Chapter 119, Florida
Statutes. Should either party assert any exemptions to the requirements of Chapter
119 and related law, the burden of establishing such exemption, by way of injunctive
or other relief as provided by law, shall be upon the party asserting the exemption.
Failure by either party to comply with the provisions of Chapter 119, Florida Statutes
shall be grounds for immediate unilateral cancellation of this MOU by other party.
b. IF THE CITY HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE SHERIFF'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS, ROBBIE L. CHARTIER,
COUNTY ADMINISTRATOR, AT 863-763-6441, EXT l;
publicrecords@co.okeechobee.fl.us; MAILING ADDRESS: 304 NW
2nd Street, ROOM 123, OKEECHOBEE, FL 34972.
7. Default.
a. Events of Default by either party are the material failure or refusal of such party to
perform timely any obligation under this MOU.
b. Upon the occurrence of an Event of Default, the non -defaulting party shall provide
written notice to the defaulting party of such event, and such written notice shall
contain a provision for a ten (10) day cure period, commencing on the date of the
letter.
8. Notices. Any notices or communication required or permitted hereunder shall be in writing
and may be delivered in person or mailed by certified or registered mail, postage prepaid, as
follows:
To the COUNTY: County Administrator
304 NW 2nd Street, Room 123
Okeechobee, FL 34972
To the CITY: City Administrator
55 SE 3rd Avenue
Okeechobee, FL 34974
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10. Miscellaneous.
a. This MOU represents the entire agreement ofthe parties. Any alterations, variations,
changes, modifications, or waivers of provisions of this MOU shall only be valid
when they have been reduced to writing duly signed by each ofthe parties hereto, and
attached to the original of this MOU. The CITY recognizes that any representations,
statements, or negotiations made by the County staff do not suffice to legally bind
the COUNTY in a contractual relationship unless they have been reducedtowriting,
authorized, and signed by the authorized County representatives.
b. This MOU is binding upon the parties, their successors, and their assigns.
c. Should any provision of this MOU be subject to judicial interpretation, it is agreed
that the court interpreting or considering such provision will not apply the
presumption or rule of construction that the terms of this MOU be more strictly
construed against the party which itself or through its counsel prepared the same, as
all parties hereto have participated in the preparation ofthe final form of this MOU
through review by their respective counsel, if any, and/or- the negotiation of specific
language, and, therefore, the application of such presumption or rule of construction
would be inappropriate and contrary to the intent ofthe parties.
d. This MOU shall not be assigned by either party without the prior written consent of
the other party and either- party shall not enter- into any contractual agreement with a
third party for the performance of any part ofthis MOU without prior written consent
of the other party.
e. Each party agrees to execute and deliver any instruments and to perform any acts that
may be necessary or reasonably requested in order to give full effect to this MOU.
Each party can, and shall, use all reasonable efforts to provide such information,
execute such further instruments and documents and take such action as may be
reasonably requested by the other party and not inconsistent with the provisions of
this MOU and not involving the assumption of obligations other than those provided
for in this MOU to carry out the intent of this MOU.
£ This MOU shall be governed in accordance with the laws ofthe State of Florida.
1. This MOU is being entered into in Okeechobee County, Florida, which shall be the
venue of any action thereon.
J. All headings are for convenience only and are not to be used in any judicial
construction of this MOU.
k. Nothing herein shall be construed to extend the COUNTY'S or the CITY'S liability
beyond that provided in section 768.28, Florida Statutes. Nothing in this MOU is a
consent, or will be construed as consent, by the COUNTY or the CITY to be sued
by third parties in any matter arising out of this MOU.
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In
ATTEST:
SHARON ROBERTSON, CLERK OF THE
CIRCUIT COURT AND COMPTROLLER
OKEECHOBEE COUNTY, FLORIDA
e
WITNESS
WITNESS
OKEECHOBEE COUNTY BOARD OF
COUNTY COMMISSIONERS
TERRY
CITY OF OKEECHOBEE
DOWLING R. WATFORD, JR, MAYOR
Date:--------
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