HomeMy WebLinkAboutExhibitMEMORANDUM OF UNDERSTANDING ("MOU") BETWEEN MIAMI-DADE COUNTY,
FLORIDA AND THE CITY OF MIAMI, FLORIDA
REGARDING REMOVAL OF DEBRIS FROM COUNTY MAINTAINED ROAD RIGHT-OF-
WAYS
This Memorandum of Understanding is entered on this day of October, 2017, by
and between Miami -Dade County, Florida and the City of Miami, Florida.
RECITALS
WHEREAS, on September 4, 2017, Florida Governor Rick Scott issued Executive Order Number
17-235 declaring a state of emergency for all counties in Florida including Miami -Dade County because of
the severe threat posed by Hurricane Irma; and
WHEREAS, on September 5, 2017, Miami -Dade County Mayor Carlos A. Gimenez declared a
Local State of Emergency for all of Miami -Dade County because of the threat posed by Hurricane Irma;
and
WHEREAS, on September 8, 2017, the City of Miami Mayor Tomas Regalado declared a Local
State of Emergency for the City of Miami because of the threat posed by Hurricane Irma; and
WHEREAS, Miami -Dade County ("the County") and the City of Miami ("City") are each
engaged in disaster recovery and debris removal services to clear public roadways from debris
caused by Hurricane Irma; and
WHEREAS, prompt debris removal, while essential to restoring roadways and public
rights -of -way to effective operation, restore power and deliver essential services, must be
performed in compliance with all applicable FEMA or other applicable regulations to insure
reimbursement; and
WHEREAS, the County and the City find it in their best interest to have an MOU regarding
debris clearance operations on County -owned roads and right-of-ways within the City.
NOW, THEREFORE, in consideration of the above recitals and the covenants contained
herein, the parties to this Memorandum of Understanding agree as follows:
1. When determined to be in the best interest of the public health and welfare by the
County, the County may authorize the City to conduct debris removal arising from Hurricane Irma
from specified County -owned roads and rights -of -ways within the City limits ("Authorized Debris
Removal").
2. The City shall promptly advise the County of its consent to perform the Authorized
Debris Removal. The specific roads from which the City consents to perform debris removal that
are covered by this MOU are set forth in the attached listing in Exhibit A. The debris removal
performed by the City from the roads on the Iist in Exhibit A from the Hurricane Irma event as
defined by FEMA shall constitute "the Work" under this MOU. This MOU only applies to the
Work as defined in this MOU and does not apply to debris clearance, removal or other activities
not arising from Hurricane Irma.
3. The City shall be responsible to pay for all Work performed pursuant to this MOU
and the County shall not be responsible for direct payment of any monies for the Work pursuant
to this MOU. The City shall prepare all forms and documents required for its own reimbursement
from FEMA or other state or federal agencies. To that end, the City shall adequately document
and maintain records of the Work with sufficient detail and specificity, including debris type,
quantities, reduction methods, and pick up and disposal locations, to satisfy FEMA and other state
or federal reimbursement requirements. Upon the County's request, the City shall provide all
records created and maintained documenting the Work on County roads and rights -of -ways to the
County, FEMA or any other entity requested by the County. The City must be able to supply
FEMA or other relevant government agency with documents upon request identical to those sent
to Miami -Dade County for the Work completed so that FEMA can compare documents against
the County's reimbursement claims.
4. The County shall not be responsible to pay to the City any amounts incurred by the
City that are not reimbursed by FEMA or the applicable state or federal agency. At all times, the
City retains the risk of non -reimbursement for costs incurred to perform the Work.
5. The City agrees to indemnify and hold harmless the County to the extent any
agency providing reimbursement for the Work under this MOU seeks a refund of monies
reimbursed or seeks any penalty against the County arising from the City's request for
reimbursement under this MOU. The City agrees to indemnify and hold harmless, the County
from any and all personal injury or property damage claims, liabilities, losses and causes of action
which may arise solely as a result of the negligence of the City, in the performance of the activities
contemplated herein, including debris clearing, pushing removal or hauling to the extent and within
the limitations of Section 768.28, Florida Statutes, subject to the provisions of that statute.
6. The County and the City retain and do not waive any sovereign immunity provided
by state law including but not limited to that provided under section 768.28 of the Florida Statutes.
Consistent with the preservation of sovereign immunity for the County and the City, this MOU is
not intended to waive any sovereign immunity to third parties. The County and the City hereby
expressly disclaim that there are any third party beneficiaries and disclaim any liability to third
parties.
IN WITNESS WHEREOF, this MOU has been duly executed by the parties subscribed
below and is binding upon Miami -Dade County and the City of Miami, Florida.
Attest: For MIAMI-DADE COUNTY, FLORIDA
Clerk of the Miami -Dade County Mayor Carlos A. Gimenez
Board of County Commissioners
Attest: For CITY OF MIAMI, FLORIDA
City Clerk Mayor Tomas Regalado