2021-09-07 Ex 02�T'ra�c Contro[Preemption MOUextension 2021-2022�
RENEWAL OF
MEMORANDUM OF UNDERSTANDING BETWEEN
OKEECHOBEE COUNTY AND
THE CITY OF OKEECHOSEE
FOR THE ADMI1vISTRATION OF TRAFFIC CONTROL PREEMPTION
This Renewal of Memorandum of Understanding (hereinafter "MOU"') is made and
entered into effective the lst day af August, 2021, between OKEECHOBEE COLJNTY, a political
subdivision of the State of Florida (hereinafter the "COLTNTY") and the CITY OF
OKEECHOBEE, a municipal corporation in the state of Florida (hereinafter the "CITY").
WHEREAS, the COLJNTY and the CITY are politica] 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 COLINTY provides fire and emergency services within both the county
and the incarparated limits of the city; and
WHEREAS, the COIJNTY has fire rescue stations within the City of Okeechobee; and
WHEREAS, the CITY agrees that the COITNTY sometimes needs to preempt the traffic
control devices af the CITY for the purpose of swift and efficient movement of fire and rescue
vehicles; and
WHEREAS, the parties entered into a MOU effective August 1, 2020, to set out the
general understanding of fhe working arrangement between the parties for the operation and
management of traffic signal preemption and ta provide predictability for the parties; and
WHEREAS, the parties have operated under the MOU since its effective date and are
satisfied with the other party's performance and both parties desire ta extend the MOU for an
additional year.
NOW, THEREFORE, the parties set forth the following understandings for the purpose
of renewing the working arrangement and procedures that have been contemplated by the
COUNTY and the CITY, and in consideration of the premises, and in consideratipn of the mutual
conditions, covenants and obligations hereafter expressed, it is agreed as follows:
1. Recitals. The foregoing recitals are true and correct and constitute the material
basis for this Renewal. Said recitals are hereby ratified and made a part of this
Renewal of MOU.
2. Renewal. The MOU entered into effective August 1, 2020, is hereby renewed and
extended for an additional one (1) year term, through July 31, 2022.
3. All remaining terms, provisions, and conditions of the MOU entered into and
effective on August 1, 2020, remain in fiill force and effect.
Page 1 of 2
/'fra�c Control Preemp�ion �LlOUextension 2021-2022J
OKEECHOBEE COUNTY BOARD OF
COUNTY COMMISSIONERS
By. .�� _.�..
TERRY W. URROUG , CHAIRMAN
Date: ������ ,�i'��
ATTEST:
`�/ ���..�.k�.. � 'L.:" � L�.G�.��-��
JERALD D. BRYANT, CLERK O THE
CIRCUIT COURT AND COMPTROLLE
OKEECHOBEE COUNTY, FLORIDA
CITY OF OKEECHOBEE
ATTEST:
Lane Gamiotea, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John Fumero, City Attorney
By:
DOWLING R. WATFORD, JR., MAYOR
Date:
Page 2 of 2
/�ruJ/ic Li�nlrolYrerrnption Af0('10211-201J/
MEMOI2ANUUM OF UND�RSTANDING
BFTWEFN
OKE�CHOSEE COUNTY
Al`Tl)
THE CI'CY OF OKEECHOREE
FOR 't'N� ADMINISTItATION OF TRAFF[C' CONTROL
PT2FEMPTIt?N
This Memorar dum o(' UnclErstanding (hereinai�er "M�U"') is made and entered inrc� effective
the �� day of �"Cl.� '"S �` , 202�, between OKEECHOBEE COUNTY, a po(itical
subdivision of the St�te o�f Florida (hereinafter the "COIIN"['Y") ai�d the CITY OF OKE��'IIOBE�, �
a municipal corporatioi� i�� the staie of Florida {hereinal�ter the "CITY"). ,_
WHEREAS, tl�e C4UNTY and tlle CI'CY are political s��bdivisions of lhe State af �loridl,
having 1 respoi�sibi{ity to provide certain services to benetit the citizens ofOkeechot�ee County and the
City oiOkeechabee; and
WHEREAS, the COUN7'Y provicies tire and emergency services within both ihc; co�mty
and the incorporated limits oftlte city; and
WHEREAS, the COUNTY has fire rescue stations within the City oFOkeechobee; and
WFI�REAS, the CITY a�ees that the CO[TNTY sometimes needs to preempt the traffic cantrol
devices of the CITY for the purpose of swil� and efficient �1�ovement of fire and rescue vehicles; and
WHEREAS, the parties desire to entei• into this NtOU to set out the general understanding
of'the working arrangement betwee» the parties for the operation and management of traffic signal
preem�tion and to pr•ovide predictability for t(�e parties.
NOW, THEREFORE, the parties set farth the fallowing undeestandir�gs forthe purpose of
memarializing the working arrangement and procedures that have been contemplated by the
COUNTY and tl�e CITY, and in consideration ofthe pren�ises, and in consicieration ofthe mutEial
canditions, covenants and obtigations l�ereaf�er expressecl, it is agreed as fotlov<<s:
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l. Recitals. The focegorng recitals aretrue ai�ci co�-eect and canstitute amakerill inducement to the
parties to enter into this MOU. Said recitals are hereby ratitied and incorparated he��ein by
cetet�ence.
2. County's Responsibilities. During the Term ofth�s MOU, the COUNTY's responsibilities
slla(1 be as foll�ws:
a. to pcocure a contraetor or vendot- chasen by the COUNTY to perfocm the installatio►1
�►�d mainten�nce services as needed, to the extent tl�at s��ch ii�sta((ation and
maintet�ance cannot reasonably be �er-Formeci by the }�acties, the cost o�t whieh shall
be �ntirety borne by the COUN"CY, �xcept wheee the ec�iiipment is installecl on
CITY vehic(es;
b. to proc�kre all preemptian equip�nent to be insCalled in CI"fY niaintained Ct•afiic
signals, includina installation at thc COUNTY's expense;
c. to ensure that the contractc�r or vendor installing the preemption eyuipment in C1TY
maintained traffic signa(s holds proper International Municipal Signal Association
(IMSA) certificaiion a�propriate to the work beina performed andlor the preemption
eq�iipment manufacturer;
d. ta pi•ovide the CI'1'Y with wcitten documentation of Florida Department oI'
Transportation (FDOT) approval for the installation of the traftic signal preemption
ec�uipmen# to b� installed in CITY maintained FDOT owned traffc sig►lals;
e. to ensure that all ttaffic signal preemptron installed in CITY maintained signals is
included in the ciu•rent FDOT APL Traffic Ee�uipment Contract at the date of
pt�rchase;
f to replace any traftic signal preemption equipment instalied by the COUNTY that
fails or becomes obsolete, iticluding installation �t COUNTY's expense;
g. to ensure that the preemption equipment installed by tt�e COUNTY at the
intersection of State Road 70 and U.S. Highway 441 is compatible wifih the
preemption equipnl�nt currently instatled;
h. to install the preemption equiprnent purchased by the CITY fire departtnent
vehicles;
i. to ensure that the contractor or vendar procured by the COUP�iTY 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 beyand 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 tlle following:
a. ta �Ilow the COUNTY or its contr�ctor or vendar to install preemption equipment
at the intersections of Highway 441 and State Road 70 and Highway 441 and South
21 S` 5treet, as well as other intersections or signais tliat the COUNTY and tl�e CITY
jointly agree to in Che future;
b. to �rovide employees far training by the COUNTY's }�rocured vendor or contE•actor
for trnubleshoating the system anci equipment and perfor�nin� basic maintenance
and re�airs not requiring the replacement of equipment;
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c. to troubles(loot system and equi�mei��t failures and �uake repairs when repairsca��
be done within ihe CITY employees' tr�ining and reasonabte ca�abilities; and
d. to contract with the COUNTY's �i•ocured contract�i• or vendor to repairec�uip�nent
instal(ed in CI"CY vehicles.
4. 13ai11 Parties' ResponsiUilitics.
a. Both E�aeties shall actively pursue, establis(�, a«d maintain a business-lilce,
resp�nsible, and respai�sive workii�� relatiot�ship with �;ach otl�er. 11s regularly as
appropriate, designatecl enlployees of the COUN"1'Y and the CITY shal( nieet oi-
othe��wise communicate to revie�v c�perations, mainienance, repo►•ts, and other data
in�f�armation relating to tl�e implement�tion ofthis MOU.
b. Both parties shall endeavor in �voci faith to make fu►ldina and sta1�1'avaifable tc� carry
out the responsibilities clesign�ted herein.
5. Term; Teeminatic�n.
a. Term. This MOU shall have a Term ofone (1} year begir�ning August I, 2020, and
endinb Ju(y 31, 2021, unless terminated earlier in �ccordance with its terms. The
MOU may be renewed �innually for as long as the parties mutua(ly agree to renew.
i-lowever, the COUNTY sha(I continue to maintain the preemption equipment
i�lstalled in CITY-maintained traftic signals for the life of�the equipn�ent or until the
C4UNTY reinoves such eql�ipment.
b. Termination at Will. This MOU n�ay be terminated by either party giving not less
than ninety (90) days written notice to the other pa�•ty; provided, that this provisian
shall not be construed to relieve either party fi�om its rights or ob(igations of this
MOU thro�tgh the date of the actual termination. Said notice shall be delivered tiy
cei�tified mail, return receipt requested, ar in person with proof of delivery.
c. Terinination for Cause. Either party shall have the right to terminate this MOU fior
the other party's material non-compliance with the tcr►ns and conditivns ofthis MOU
if such other party friils ta cure such material non-cornpliance within ten (10) days
a.fter receiving notice thereof fi•om the noticing parly, or within such additional time
�s the noticing party n�ay allow.
d. Upon terYninatiol�, the COIINTY shall be responsible for the removal of any traffiic
signa( preemption equipment deemed necessary i�y the CITY at the COUNTY's
expet�se.
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6. ltecords.
a. Bath parties sh111 comply with the public records provisions ofChapter (19, Florida
Stalutes. Shou(d either �arty assert any exemptions to thc requirements of Chapter
1 19 and related law, thc btu�den oi'e:sr�blishin, sueh exemption, by �vay of injunctive
or other reliei�as provided by law, shal) be u}�c�f� the party asserti��g the exerl�ptic�n.
Faiiitt�c by eithe►-�at•ty to corn�ly �vith the provisions �fGhapter 1 I 9, Florida StatuCes
shall be �roi�nds fnr in�inediate u►iilateral cancellation oftl�is MOU by othei�• part�y.
t��. IF THE CTTY HAS QUESTIONS R�GARUING THE
APPLICATIClIoT �F CHAPTER 119, FLORIDA STATUTES, TO
THE SHERIFF'S DUTY TO PROVIDE PUSLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS, l�C�BBIE L. CHARTIER,
COUNTY AT3MINISTRATOI2, AT 863-763-6441, EXT l;
publicrecords@co.okeecliabee.fl.us; MAILING ADDRESS: 304 NW
2nd Street, ROOM 123, OKEECIIOBEE, FL 34972.
7. Default.
a. Events of Default by either party are the material failure or refi�sal of such pai�ty to
pecform timely any obligation under tl�is MOU.
b. Upon the occurrence of an Event of befault, the nan-defau(ting party shall provide
written notice to the defaulting party of such event, and such written notice shall
cantain a provision for a ten (10) day ctare period, coinnlencing on the date of the
letter.
S. Notices. Flny notices or communication requireci or permitted 1lereunder s11111 be in writing
and may be delivered in person or mailed by certified orregistered mail, postage prepaid, as
follows:
To the COUNTY: County Administrator
304 NW 2nd Street, Room 123
Ol:eechabee, I'L 34972
To the CITY: City Admiiiistrator
55 SE 3rd Avenue
Okeechobee, PL 34974
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10. Miscellancaus.
a. "'I'his MOU re�rese�Tts the �iltire agree►nent oftfle parties. Any alterarions, variations,
changes, modifications, or waivers of pcovisions of this NtOU shall onty be va(id
when they havr; been reduced to writing duly signeci by eacf� oFthe p�ii-ties hereto, ancf
attached to the original ofthis M4U. The CITY recognizes that 1ny representations,
stateme��ts, ar t��egotiatio►1s made by the Co�u�ty siaff do not suffice i�o legally bind
Yhe COUNTY in a contractual retationship un(ess tlley have laeell reducec�towriting.
autl�orized, a��d signec{ by theautllorized County r�j�resentativ�s.
b. This IYtOU is bindii�g upon the parties, their successors, and tlleir assigns.
c. Shoulc( any provision ofthis MOU t�e subject to_juc(ici�l inter�ret<�Cion, it is agreed
that the caurt interpceting or consiclering such provision wi(1 i�ot ap�ly the
presumption or rule of construciion that the tern�s of this MOU be more strictly
constru�d agaii�st the party which itself or through its counse( prepared the same, as
all parties hereta have �articipated in the preparation ofthe �«al form aFth'rs MOU
through ceview by their respective counsel, ifany, �ndJor thc; negotiation af specific
language, and,therefore, the application ofsucl� presumption orrule afconstruction
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 otfier party and either �arty shall not enter into any contractual agreement with a
third party for the perfor►nance ofanyparY ofthis MOU without prioc wr-itten cansent
ofthe atherparty.
e. Each party agrees to execute and dcfiver any instruments and to perFarm any acts that
may be necessary or reasonably rec�uested in order ta give full effect to this MOU.
Tach party can, and shall, use 11t reasonable efforts to provide such information,
execute such fi�rther instruments and d�cuments and talce such action as may be
reasonably requested by the other party and not inconsistent with the provisions of
this MOU and nat involving the assumption ofabligations otherthan those provided
far in this MOU to carry out the intent ofthis MOU.
f. This MOU shall be governed in accordance with the laws ofthe StateofFlorida.
l. This MOU is being entered into in Olceechobee County, Florida, which shal! be the
venL�e oiany action thereon.
J. All headings are for convenience only and are not ta be used in any judicial
construction oEtliis MOU.
k. Nothing here'rn shall be construed to extend the COUNTY'S or the CITY'S liability
l�eyond that provided in section 7b828, Florida Statutes. Nothing in this MOU is a
consent, or will be constr�ied as consent, by Che COUNTY or the CI7'Y ta be sued
by third parties in any matter arisi�lg out ofthis MOU.
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JT�'ufJrc ('anU•o! Preempliarr A�101 /.7010-202!/
OKEECIIOBE� COUNTY BOARD OF
C�UN'I'Y COMMISSIONERS
I3y:
ATTES"I':
' � ( ;.
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SHARON ROBERTSON, CLF.RK � THE�
CIRCUIT COUIZT AND COMPTROLLER
OI�EECI-IOB�E COUNTY, rLORIDA
i°'::=� , �-
ATTES'T:
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� �.C'�' �'���.��..� -.� �___..-a� By
L3ne 'otea, Q"� City Qerk
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John J. Furr�ero, City Attorney
"I'ERRY
t�t���--��
CITY OF' OKE�CHOBEE
� � �.�
OWLING R. WATFO , JR, M�YOR
Date: � ��''���''1' �%1 �t �� «?i �? —
�.. .�.
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