1st Extension 04/21/2010
RESOLUTION NO. 119
- 2010
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, APPROVING AN EXTENSION TO THE
TERM OF THE INTERLOCAL AGREEMENT BETWEEN mE CITY OF
KEY WEST, THE CITY OF MARATHON, AND THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS, FOR THE LOWER KEYS
SHUTTLE BUS SERVICE, FOR A PERIOD OF FIVE (5) YEARS FROM
APRIL 6, 2010 THROUGH APRIL 5, 2015; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on April 6, 2005, the City of Key West ("Key West"), the City of Marathon
(the "City"), and the Monroe County Board of County Commissioners (the "County"), entered
into the Lower Keys Bus Service Interlocal Agreement for the fixed route bus service between the
City of Key West and the City of Marathon (the "Bus Service ILA"); and
WHEREAS, the parties wish to continue the bus service for the benefit of the residents of
the City of Key West, the City of Marathon and Monroe County by extending the Bus Service
ILA for an additional five (5) years;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The above recitals are true and correct and incorporated herein.
Section 2. The Bus Service ILA between the City of Key West, the City of Marathon
and the Monroe County Board of County Commissioners, a copy of which
is attached hereto, is hereby extended for a period of five (5) years from
April 6, 2010 to April 5, 2015.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of the Board on the 21st day of April, 2010.
Mayor Sylvia Murphy
_ . ~ayor Pro Tem Heather Ca.....thers
, _ . C9iD@lissioner George Neugent
,;, '-~;;.( _::~1ssioner Kim Wigington
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BOARD OF COUNTY COMMISSIW"E@
OF MONROE COUNTY, FLORIDA
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RESOLO'1'IOH NO.
05-120
A RESOLUTION or THE CITY COHIQSSIOH OF THB
CITY 01' KEY WEST, FLORIDA APPROVING THB
ArTACHBD IN'1'ERLOCAL AGREEMENT TO BSTABLI sa TRB
LOWER KBYS SRlJ'!'TLB BUS; PROVIDING FOR AN
EFFECTIVE DATE
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF KEY WEST,
FLORIDA, AS FOLLOWS:
Section 1:
That the attached Interlocal Agreement Am~~g
the City of Key West, the City of Marathon
Section 2:
That this Resolution s~
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hereby approved.
immediately upon its passage and adoption and
signature of the presiding officer and the Cle
Passed and adopted by the City Cornrnissior~ /
-_u."::J Held
this
5
day of
Aoril
, 2005.
Authenticated by the presiding officer and Clerk of the
Commission on
April 6
, 2005.
Filed with the Clerk
, 2005.
. :''1:
" .
I . ,. SYiT~~()FFLOAIDA. COUNTY OF MONROE.
:.~. 'CITY OF' KEV WEST
~; blic record on
, This. ~ if. ~ true co~ ~::r and Of~~
\ file, in ~Jce. Wrtn'Ltili~' ,20 O.
. ~'teal.tfii"--Pf=Lday of -f~
.... · (II flit ^-_ i C t1: ~/
By Deputy City Clerk, .
Lower Keys Bus Service IntcrlocaJ
City of Key West Original
LOWER KEYS BI.lS S~RV~
INTERLOCAL A~REEME_
This Agreement is made and entered into by Monroe County ("COUNTY"), a
political subdivision of the State of Florida, whose address is 1100 Simonton
Street, Key West, FL 33040, the CIty of Marathon ("MARATHON"), a municipal
corporation of the State of Florida whose address is 10045-55 Overseas Highway,
Marathon, FL 33050, and the City of Key West ("KEY WEST"), a municipal
corporation of the State of Florida whose address is 525 Angela Street, Key West,
Fl33040.
WITNESSETH:
WHEREAS, there is an agreement in effect between Miami-Dade County and
a private bus company to provide a limited public transit system between Mlami-
Dade County and 50th Street, Marathon; and
WHEREAS, COUNTY Is authorized by Section 125.01(1)(I),F.S. to provide
public transportation; and
WHEREAS, MARATHON and KEY WEST are each authorized by Section
166.021(1), F.S. to provide pUblic transportation; and
WHEREAS, there is no regularly scheduled public transit system for local
use between Marathon and Key West; and
WHEREAS, KEY WEST currently operates a pubJic transit system, has
experience In the operation of a public transportation system, public
transportation grant processes and management as well as compliance wIth other
Federal and State mandates, regulations and processes including Florida Statutes
and the Code of Federal Regulations; and
WHEREAS, there are many reasons for implementing public transit between
Marathon and Key West, including but not limited to:
a) local residents who could work outsIde the Immediate vIcinity of
theIr residence if pUblic transportation through a commuter bus
system was available;
b) the need for safety by reducIng trafflc on U.S. Highway 1, the
single highway between Marathon and Key West;
c) the desIre of many travelers, particularly Europeans as
determined by the COUNTY'S Tourist Development Council, to
use public transit systems to travel from Miami to Key West;
d) the need to provide inter-Island travel with a commuter bus
public transit system upon establishment of commercial airline
servIce to the Marathon AirpOrl; and
e) the considerable number of local residents with leisure time for
travel between the Keys who either cannot or do not want to
cope with traffic or parking problems; and
WHEREAS, KEY WEST, through its grant application experience, anticipates
obtaining one or more Federal or State grants to initiate a commuter bus public
Lower Keys Bus Service Interlocal
transit system between Marathon and Key West, thereby keeping the start-up
costs as low as Possible to the parties; and
WHEREAS, the parties are authorized by Section 163.01(4), Florida
Statutes, to enter into an Interlocal Agreement to carry out their independent
powers; and
WHEREAS, the parties desire to provide a public transit system, connecting
with the Miami-Dade to Marathon transit system to serve the Lower Keys from
50u, Street, Marathon, to Key West;
NOW, THEREFORE, in consideration of the mutuai promises and conditions
contained herein, the parties agree as follows:
1. SCOPE. The parties shall provide a limited schedule commuter bus
public transit system between 50th Street, Marathon, and Key West (hereinafter
"MARATHON-KEY WEST TRANSIT SYSTEM"). KEY WEST shall provide the
equipment and drivers using its own transit service or by subcontracting the
service if it is determined that subcontracting is more cost effectIve for all the
parties. The initial route shall include a turn-around stop at 50th Street, Marathon,
and one designated bus stop each on the Islands of Big Pine Key, Cudjoe Key,
Sugarloaf Key, Saddlebunch Keys, and Big Coppitt Key, as well as a turn-around
stop on College Road, Stock Island, Key West. The parties shall use their best
efforts to schedule at least one trip in the early morning and one trip near the
hour of 5:00 PM to loop around the island of Key West. Detailed scheduling shall
be accomplished by KEY WEST transit staff with approval in writing by COUNTY's
Administrator and MARATHON's City Manager. As long as the scheduling and
operational changes do not affect the maximum funding committed by each party
under this agreement, and as long as there are regularly scheduled bus stops on
the specified islands, and the designated stops on Marathon and Stock Island, the
chief administrative officer of each party may agree In writing to changes to the
program, including additional bus stops, without requirfng further approval by
their respective governing bodies. Upon commencement of bus service under this
Agreement, the parties shall have a study conducted to further determine the
actual use by residents and visitors In order to provide for additional or changed
scheduled stops, costs and fares. The parties shall make adjustments to the
services and funding to achieve the greatest benefit possible as Indicated by the
results of the study.
2. TERM.
A. Subject to and upon the terms and conditions set forth herein, this
Agr7(ent shallff,ntlnUt In force for a term of five J,S) years c'7/menci'{; as of
the . day of rJt"t , 2005 and ending on the ~ day of IlJ"l{, 2010.
,
B. It is anticipated that the activities of the parties during the first year shall
be primarily devoted to the acquisition of one or more grants for federal and state
funding, start-up of the transit service, as well as contributing the initial local
funding commitment reflected In this Agreement.
2
Lo\\"er Keys Bus Service Interlocal
C. The parties may extend this agreement upon expiration of the term herein
upon mutual agreement of the parties according to such terms and conditions as
may be agreed to at the time of the extension.
3. MANAGEMENT. KEY WEST shall act as the operations manager of the
commuter bus transit program, including but not limited to submitting grant
applications to federal and state agencies, administering all grants for the service
to be provided, providing the buses, drivers, maintenance and scheduling, and
billing COUNTY and MARATHON for their share of costs pursuant to Paragraph 4.
4. FUNDING AND PAYMENT. Each party shall pay one third of the
expenses incurred as required in order to meet the match ratio for the Federal and
State Grant Assistance Programs. Funding in the first year is limited to no more
than Fifty Thousand Dollars ($50,000.00) for each party. Funding in the years
remaining under this agreement shall continue to be shared by the parties equally,
contingent upon annual appropriation by the respective parties. Payment shall be
made as follows:
Payment for expenditures permiSSible by law shall be made pursuant to the
Florida Prompt Payment Act, Section 218.70 F.S. et seq, through reImbursement
to KEY WEST upon presentatIon of invoices, canceled checks and other
documentation necessary to support a claim for reimbursement. The application
for payment documents to COUNTY and MARATHON must be presented as a
certified statement signed by KEY WEST's transportation manager and notarized,
declaring that representations in the Invoice are true and correct.
KEY WEST may elect to have vendors and contractors paid through the direct
vendor method, upon submission of appropriate documentation as outlined above
and a specific request that payment be made directly to the vendor or contractor
rather than to KEY WEST.
5. IN-HOUSE RESOURCES AND OUTSOURCE SUPPUERS of MARATHON
and COUNTY. COUNTY and MARATHON shall provide reasonable assistance with
their own employees and equipment, as well as procurement processes, as
requested by KEY WEST, to reduce costs. This may include but not be limited to
matches with in-kind services for expenSes for administrative and/or operatIonal
costs under the control of MARTHON and COUNTY as allowable by grant funding
programs. COUNTY shall include In Its Tourist Development Marketing activlt'es a
component of advertising and promotion of the new service, particularly to the
European market.
6. SIGNAGE. Portable or temporary advertising signs are prohibited. It is
expected that permanent signage and signage which includes changing messages
using lighting or magnetic letters will be permitted on the bus(es). All bus stop
signs shall be based on fixed route or, demand route service and shall be mounted
permanently In approved locations.
7. RECORDS - ACCESS AND AUDITS. All parties shall maintain adequate
and complete records for a period of four years after termination of this
Agreement. Each party, its officers, employees, agents and auditors shall have
access to the other parties' books, records, and documents, including those of
3
Lo\ver Keys Bus Service lnterlocal
contractors providing MARATHON-KEY WEST TRANSIT SYSTEM services, related to
this Agreement upon request. The access to and inspection of such books,
records, and documents by the parties shall occur during regular office hours or as
agreed.
8. RELATIONSHIP OF PARTIES. The parties to this Agreement are
independent of each other and shall at no time be legally responsible for any
negligence on the part of the other parties, their employees, agents or volunteers
resulting in either bOdily or personal injury or property damage to any individual,
property or corporation.
9. TAXES. The parties are not subject to taxes and assessments.
10. INSURANCE. The parties to this agreement stipulate that each is a state
governmental entity as defined by Florida Statutes and represents 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 agreement.
Each party agrees to keep In full force and effect the required insurance coverage
during the term of this Agreement. If the Insurance polfcies originally purchased
which meet the requirements of this agreement 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 parties whenever acquired or amended.
11. RESTRIcnONS ON AGREEMENTS ENTERED PURSUANT TO THIS
AGREEMENT. KEY WEST shall Include In all contracts funded under this
Agreement the fOllowing terms:
A. Anti-discrimination. Contractor agrees that It will not discriminate against any
employees or applicants for employment or against persons for any other benefit
or service under this agreement because of theIr race, co'or, religion, sex, national
Origin, or physical or mental handicap where the handicap does not affect the
ability of an individual to perform in a position of emp'oyment, and to abide by all
federal and state laws regarding non-discrimination.
B. Anti-kiCkback. Contractor warrants that no person has been employed or
retained to solicit or secure this agreement upon an agreement or understanding
for a commission, percentage, brokerage or contingent fee, and that no employee
or officer of KEY WEST,MARATHON, or COUNTY has any interest, financially or
otherwise, in contractor. For breach or violation of this warranty, KEY WEST shall
have the right to annul this agreement without liability or, in its discretion, to
deduct from the agreement price or conSideration, the full amount of such
commission, percentage, brokerage or contingent fee. Contractor acknowledges
that it is aware that funding for this agreement is available through KEY WEST,
4
Lo\ver Keys Bus Service lnterlocal
MARATHON and COUNTY and that violation of this paragraph may result in KEY
WEST, MARATHON or COUNTY withdrawing funding for the Project.
C. Hold harmless/indemnification. Contractor acknowledges that this agreement
is funded at least in part by Monroe County and the City of Marathon and agrees
to indemnify and hold harmless COUNTY, MARATHON and KEY WEST and any of
their officers and employees from and against any and all claims, liabilities,
litigation, causes of action, damages, costs, expenses (including but not limited to
fees and expenses arising from any factual investigation, discovery or preparation
for litigation), and the payment of any and all of the foregoing or any demands,
settlements or judgments (collectively claims) ariSing directly or indirectly from
any negligence or criminal conduct on the part of Contractor in the performance of
the terms of this agreement. The Contractor shall immediately give notice to
COUNTY, MARATHON and KEY WEST of any suit, claim or action made against the
Contractor that is related to the activity under this agreement, and will cooperate
with COUNTY, MARTHON and KEY WEST in the investigation arising as a result of
any suit, action or claim related this agreement.
D. Insurance. Contractor agrees that it maintains in force as part of the
operating expenses of this bus route extension, a liability insurance policy which
will insure and indemnify the Contractor, COUNTY, MARATHON and KEY WEST
from any suits, claims or actions brought by any person or persons and from all
costs and expenses of litigation brought against the Contractor for such injuries to
persons or damage to property occurring during the agreement or thereafter that
results from performance by Contractor of the obligations set forth In this
agreement. At all times during the term of this agreement and for one year after
acceptance of the project, Contractor shall maintain on file with KEY WEST a
certificate of the Insurance of the carriers showing that the aforesaid insurance
policy Is In effect. The follOwing Coverage's shall be provided:
1. Workers Compensation Insurance as required by Florida Statutes.
2. Commercial General liability Insurance with minimum limits of
$1,000,000.00 per Occurrence for bodily Injury, personal injury and property
damage.
3. Comprehensive Auto/Vehicle Uability Insurance with minimum limits of
$1,000,000.00 combined single limit per occurrence.
KEY WEST, COUNTY and MARATHON shall be named as additional insureds, except
on Workers Compensation insurance policies. The pOliCies shall provide no less
than 30 days notice of cancellation, non-renewal or reductIon of coverage.
At all times during the term of this agreement and for one year after acceptance
of the project, Contractor shall maintain on file with KEY WEST a certificate of
insurance shOWing that the aforesaid insurance coverage's are in effect.
e) Licensing and Permits. Contractor warrants that it shall have, prior to
commencement of work under this agreement and at all times during said work,
all required licenses and permits whether required by federal or state law, or
Monroe County or any applicable municipal ordinance.
5
LO'\.\'er Keys B liS Serv ice InterJocal
. f) Right to Audit. The Contractor shall keep such records as are necessary to
document the performance of the agreement and expenses as incurred, and give
access to these records at the request of KEY WEST, MARATHON or the COUNTY,
the State of Florida or authorized agents and representatives of said government
bodies.
12. HOLD HARMLESS. To the extent allowed by law, each party shall be
responsible for any acts of negligence on the part of its employees, agents,
contractors, and subcontractors and shall defend, indemnify and hold the other
parties harmless from all claims arising out of such actions.
To the extent allowed by law, each party shall defend, release, discharge,
Indemnify and hold harmless the other parties, the members of their governing
boards, officers and employees, agents and contractors, from and against any
and all claims, demands, causes of action, losses, costs and expenses of whatever
type, including investigation, witness costs and expenses, and attorneys' fees and
costs that arise out of or are attributable to the activities under this agreement
except for those claims, demands, damages, liabilitIes, actions, causes of action,
losses, costs and expenses that are the result of the sole negligence of one of the
other parties. The purchase of the insurance required under this Agreement does
not release or vitiate any party's obligations under this paragraph. This does not
constitute a waiver of any party's sovereIgn Immunity rights including but not
limited to those expressed in Section 768.28, Florida Statutes.
13. NON-DISCRIMINATION. The parties, each for itself, its personal
representatives, Successors In Interest, and assigns, as a part of the consideration
hereof, does hereby covenant and agree that no person shall be discriminated
against in the provision of services or award of contracts under this Agreement as
prOVided under Federal and State law, and applicable loca' ordinance on the
grounds of race, color, or national origin.
The Parties agree that there will be no diSCrimination against any person, and it is
expressly understood that upon a determination by a court of competent
jurisdiction that discrimination has Occurred, this Agreement automatically
termInates without any further action on the part of any party, effective the date
of the court order. The Parties agree to comply with all Federal and Florida
statutes, and all 'ocal ordinances, as applicable, relating to nondiscrimination.
These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL
88-352) which prohibits discrimination on the basis of race, color or national
origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC 5S.
1681-1683, and 1685-1686), which prohibits discrImination on the basis of sex; 3)
Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which
Prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act
of 1975, as amended (42 use 55. 6101- 6107) which prohibits discrimination
on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-
255), as amended, relating to nondiscrimination on the basis of drug abuse; 6)
The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination
on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of
1912, ss. 523 and 527 (42 use S5. 690dd-3 and 290ee-3), as amended, relating
6
LO\\.er Keys Bus Service rnterlocal
to confidentiality of alcohol and drug abuse patent records; 8) Title VlII of the Civil
Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination
in the sale, rental or financing of hOusing; 9) The Americans with Disabilities Act of
1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 13,
Art. VI, prohibiting discrimination on the bases of race, color, sex, religion,
disability, national origin, ancestry, sexual orientation, gender identity or
expression, familial status or age; (11) Code of Ordinances of the City of Key West
Section 38-191 et seq and Section 38-260 and (12) any other nondiscrimination
provisions in any Federal or state statutes which may apply to the parties to, or
the subject matter of, this Agreement.
14. TERMINATION. KEY WEST may terminate this agreement at any time
upon thirty days notice to the other parties sent by certified mail to the addresses
of the parties previously stated above. MARATHON and COUNTY may terminate
this Agreement at any time Upon sixty days notice to the other parties.
15. ASSIGNMENT. No Party may assign this Agreement or assign or
subcontract any of its obligations under this Agreement other than as specified
without the approval of the governing boards of the other Parties. All the
obligations of this Agreement will extend to and bind the legal representatives,
successors and assigns of the al/ Parties.
16. SUBORDINATION. This Agreement is subordinate to the laws and
regulations of the United States, the State of Florida, COUNTY, MARATHON and
KEY WEST whether in effect on commencement of this Agreement or adopted
after that date.
17. GOVERNING LAWS/VENUE. This Agreement is governed by the laws of
the State of Florida and the United States. Venue for any dispute arising under
this Agreement must be In Monroe County, Florida. In the event of any fitigation,
the prevailing party Is entitled to a reasonable attorney's fee and costs.
18. ETHICS CLAUSE. KEY WEST and MARATHON each warrant that It has not
employed, retained or otherwIse had act on Its behalf any former COUNTY officer
or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or
any COUNTY officer or employee in violation of Section 3 of OrdInance No. 010-
1990. For breach or violation of this provision, the COUNTY may, in Its discretion,
terminate thIs Agreement without liability and may a'so, In its dIscretion, deduct
from the agreed payments or otherwise recover the full amount of any fee,
commission, percentage, gift or consIderation paid to the former COUNTY officer
or employee.
19. CONSTRUCTION. This Agreement has been carefully reviewed by the
parties. Therefore, this Agreement is not to be construed against any party on the
basis of authorship.
20. NOTICES. Notices in this Agreement, unless otherwise specified, must be
sent by certified mall to the fof/owing:
7
L0'wer Keys Bus Service TnterJocal
COUNTY:
County Administrator
1100 Simonton Street
Key West, FL 33040
CITY OF MARATHON:
City Manager
10045-55 Overseas Highway
Marathon, Florida 33050
CITY OF KEY WEST:
City Manager
P.O. Box 1409
Key West, Florida 33041
21. FULL UNDERSTANDING. This Agreement is the parties' Final mutual
understanding. It replaces any earlier agreements or understandings, whether
written or oral. This Agreement cannot be modified or replaced except by another
written and signed agreement.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by
its duly authorized representative.
(SEAL)
ATTEST: DANNY .KOlHAGE,ClERK
~ . 1
By: (.. ~ -~~rr..-L(~
- - . Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONR?Ef:N-;;nOR~;
By: L~ ~
Mayor/Chairman
Date: ~l.. tc t~ ,(" <: _'. ~
By:
CITY OF M~N ',I ....'" /'i
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By: lk_/
Mayor
Date:
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City Attomey
8
RESOLUTION NO.
IR-Ostli
A RESOLUTION 01' THE CITY COMJIJ:SS:IOH OF THE
CITY OF KEY WEST, FLORJ:DA APPROVDlQ RBRBWAL OF
THE ATTACHED "LOWER KEYS BUS SERVICE
INTERLOCAL AGRBBMBNT" FOR OPERATION 01' THE
LOWER KEYS SHUTTLE BUS FOR A TERtI OF FIVE (5)
YEARS; PROVIDING FOR AN EPPBCTlVE DATE
WHEREAS, in Resolution No. 05-120, the City Commission
approved and entered into the attached "Lower Keys Bus Service
Interlocal Agreement" (Agreement) between Key West, Monroe County,
the City of Marathon; and
WHEREAS, as provided in section 2.C. of the Agreement, the
parties mutually desire to extend this agreement for an additional
term of five (5) years;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF KEY WEST, FLORIDA, AS FOLLOWS:
Section 1:
That the City of Key West agrees to renew the
attached Interlocal Agreement among the City of Key West, the City
of Marathon and Monroe County for a term of five years commencing
April 6, 2010 and ending April 5, 2015.
Page 1 of 2
Sectio11 2 :
That this Resolution shall go into effect
immediately upon its passage and adoption and authentication by the
signature of the presiding officer and the Clerk of the Commission.
Passed and adopted by the Ci ty Commission at a rneetirlg held
this
2nd
day of
March
, 2010.
Authenticated by the presiding officer and Clerk of the
Conunission on
March 3
, 2010.
Filed with the Clerk
March 3 , 2010.
CRA~ 4ri MAYOR
Page 2 of 2
From:
Jim Scholl, City Manager
Myra Wittenberg, Manag~ ~ -I! /JJ.
February 10, 2010 . d
EXECUTIVE SUMMARY
To:
Date:
Subject:
Interlocal Agreement - Renewal of Term
April 6, 2010, through April 5, 2015
Action Statement:
This item is an request to approve a resolution extending the term of the Interlocal Agreement
between City of Key West, City of Marathon and Monroe County, for the Lower Keys Shuttle
Bus Service, for a period of five (5) years from April 6, 2010, through April 5t 2015.
Proiect Historv:
In 2004-2005 the City of Key West received notice of award from the Federal Transit
Administration (FTA) regarding grant funding for operational start up and continued operating
assistance funding of a Job Access Reverse Commute grant program commonly referred to as
JARC. JARC programs are intended to provide start up funding to areas where no bus service
exists, as a means of enhancing life quality by providing transportation options to those who
otherwise may not have transportation. It is intended to provide access to and from areas
outside of the immediate neighborhood such as business and commerce opportunities. These
services provide individuals a greater level of opportunity of employment, education. and
training and other necessary business or service related access points.
With the grant award notice in hand. the City of Key West Transportation Department began
communications with Monroe County and the newly formed City of Marathon to develop an
equal level of participation for all three (3) agencies to embark on a joint venture that would
create and provide pUblic transit services between Key West and Marathon. The first bus ran
on September 9,2005.
From the period of September 2005 - to current period, the City of Key West has realized grant
funding which contributes subsidies at 500/0 match for eligible expenses via a Federal Transit
Administration (FTA) grant; 25% match via State of Florida Department of Transportation
(FOOT) grant, with the remaining 25010 of expenses equal split between the three (3) local
agencies. At this time we anticipate the Jevel of funding and match to remain the same.
As a side bar, it should be noted that for Key West City, this is an additional opportunity to
secure grant dollars for capital items such as fixed assets for everything from new or
replacement rolling stock (vehicles) to construction costs for new buildings, renovations or other
capital improvement items that otherwise we would not be able to afford to purchase and
maintain. This added opportunity will continue as the designated fixed route provider for the
Lower Keys service.
The current agreement term of the InterJocal ;s a five (5) year term which ran from April 6, 2005,
and continues through April 5, 2010. In paragraph 2 of the agreement, there is provision to
renew the agreement with approval of all agencies. That is the intent of the request today,
which will also be brought forward to the Council Members for the City of Marathon and the
Board of County Commission for Monroe County.
Executive Summary
tnterlocal Agreement Renewal 2015
02/10/2010
Page 2 of 2
Attached are two (2) single sheets of compiled data for the months of October to January, fiscal
year period 2007, compared by year and same month, through current budget period of 2010?
This is a good indicator of the latest trends in public transit use for Monroe County. It appears
that while transit use is declining, the greater decline is to the "shorter distance't trip requirement
- the Lower Keys bus service continues to be an area of need and demand, which will again see
an increase to use in the near future based simply on shear necessity.
Option #1: Advantaaes I DisadvantaGes I FiscallmDact
Option #1 would be to approve the recommended term renewal from April 6, 2010, through April
5, 2015, providing for the Lower Keys Shuttle Bus Services.
The advantage of this option is that by the City remaining the designated fixed transit provider in
Monroe County, the City is eligible to apply and receive other types of grant program funding,
should they so desire from time to time.
There are numerous advantages and opportunities provided whenever fixed route transportation
exists in a community such as a choice or alternate mode of transport, ability to reduce traffic,
reduces accidents, reduction of dependency on foreign oils, reduction of carbon emissions and
carbon footprint of the communities. etc.
There are no disadvantages to this option with regard to providing a fixed route transit service
between Key West and Marathon.
The fiscal impact is no greater for Key West than for the City of Marathon and the County of
Monroe SOCC. We are all equal partners in this venture.
ODtion #2: Advantaaes I DisadvantaGes I FiscallmDact
Option #2 would be to not approve the renewal of term of the Interlocal Agreement.
There are no advantages to this option.
The disadvantage to this option is that all areas served between Key West and Marathon would
be adversely impacted, which would inevitably have an economic impact on individuals and
businesses too. AdditionallYt KWDoT recognizes that visitors are becoming informed about
the services available and they too will begin to make choices to use public transit rather than
add to the vehide congestion on US #1 to make day trips to and from Key West or Marathon,
daily.
Recommendation:
KWDoT staff recommends Option #1, above, to approve renewal of the Interlocal Agreement for
a term of five (5) years, from April 6, 2010, through April S, 2015.
JM~
Attachments
File: Executive Summary (Intertocal Agreement Renewal 2015) 02~10~10
Annual Comparison - lower Keys Routes
FlY FAREBOX FAREBOX AVERAGE BUS PASSES
2006 - 2007 RIDERSHIP REVENUE FARE (MONTHL Y)
OCT 6,390 $11.372.29 $1.78 $30.00
NOV 6,094 $11,689.86 $1.92 $300.00
DEe 4,028 $8.419.19 $2.09 $0.00
JAN 6,915 $13,784.95 $1 .99 $300.00
Sub Total: 23,427 $45,266.29 $1.93 $630.00
FlY FAREBOX FAR E BOX AVERAGE BUS PASSES
2007-2008 RIDERSHIP REVENUE FARE (MONTHL Y)
OCT 8.434 $13,360.55 $1.58 $680.00
NOV 8,643 $13,757.69 $1.59 $530.00
DEe 9,004 $11.878.08 $1.32 $450.00
JAN 10,029 $15,824.54 $1.58 $230.00
Sub Total: 36,110 $54,820.86 $1.52 $1,890.00
FlY FAREBOX FAREBOX AVERAGE BUS PASSES
2008 - 2009 RIDERSHIP REVENUES FARE (MONTHL Y)
OCT 9.267 $16t709.00 $1.80 $1,160.00
NOV 9, 125 $16,195.93 $1. 77 $830.00
DEe 9.623 $15,527.77 $1.61 $1,290.00
JAN 10,789 $21,410.65 $1.98 $1,640.00
Sub Total: 38,804 $69,843.35 $1.80 $4,920.00
FY FARE BOX FARE BOX AVERAGE BUS PASSES
2009-2010 RIDERSHIP REVENUES FARE (MONTHL Y)
OCT 7,355 $15,759.13 $2.14 $2, 140.00
NOV 7.454 $16,296.68 $2.19 $650.00
DEe 8,433 $18,847.40 $2.23 $1,080.00
JAN 8.696 $19,541.14 $2.25 $970.00
Sub Total: 31,938 $70,444.35 $2.21 $4,840.00
(1) Route changes twice in a 3 year period as well as fare increases
transit use has decreased; as has the revenue to offset the operating expense.
(2) The decrease is greater in the City route areas than it;s in the Lower Keys.
Annual Comparison - City Routes
FY FARE BOX FARE BOX AVERAGE BUS PASSES
2006 - 2007 RIDERSHIP REVENUE FARE (MONTHL Y)
OCT 31,008 $25,939.18 $0.84 $117.50
NOV 30,736 $25,997.95 $0.85 $1,275.00
DEe 22,223 $18,764.81 $0.84 $150.00
JAN 35.055 $29,533.90 $0.84 $1,725.00
Sub Total: 119,022 $100,235.84 $0.84 $3,267.50
FY FARE BOX FARESOX AVERAGE BUS PASSES
2007 · 2008 RIDERSHIP REVENUE FARE (MONTHL Y)
OCT 33.305 $24,026.61 $0.72 $1.220.00
NOV 29,323 $21 ,676.22 $0.74 $1 t 140.00
OEe 29,805 $17,745.84 $0.60 $1.140.00
JAN 34.646 $26~696.39 $0.77 $665.00
Sub Total: 127,079 $90,145.06 $0.71 $4,165.00
~ FY FARE BOX FAREBOX AVERAGE BUS PASSES
2008 - 2009 RIDERSHIP REVENUE FARE (MONTHL Y)
OCT 29.754 $26,079.00 $0.88 $1,570.00
NOV 28,989 $24t613.03 $0.85 $1.320.00
DEe 30.925 $23~938.37 SO.77 $1,805.00
JAN 32.335 $31,058.15 $0.96 $1,720.00
Sub Total: 122,003 $105,688.55 $0.87 $6,415.00
i FY FAREBOX FARE BOX AVERAGE BUS PASSES
2009 · 2010 RIDERSHIP REVENUE FARE (MONTHL Y)
OCT 20.764 $21.155.36 $1.02 $2,155.00
NOV 19.822 $20.435.75 $1 .03 $1,970.00
DEe 21,278 $22t927.66 $1.08 $795.00
JAN 21,095 $23,409.89 $1.11 $1,845.00
Sub Total: 82,959 $87,928.66 $1.06 $6,765.00
(1) Route changes twice in a 3 year period as well as fare increases
transit use has decreased; as has the revenue to offset the operating expense.
(2) The decrease ;s greater in the City route areas than it is in the Lower Keys.
Sponsol.ed by: IIernstadt
(:I]'Y OF MAI~ THON, FLORIDA
RES()LUrrION 2010-30
A R~~SOLurrION OF THE CITY COljNCIL OF THE clrrv ()F
MAI{A THON,FLORIDA, 4L\PP"ROVING AN EXTENSlON TO THIi: 1'0 THE
TERi\1 OF T.RE INTERIJOCAIJ AG1{I~f:MENT BF~"rWEr~N THE CIT\''' OJ~
KEY WEST, MONROE COlJNT\,T AND THE CITY OFMARA T.fl()N (i'OR
THE LOWER KEYS SHlJl'TL.E BUS SI~RVICE, FOIl. A PERIOD OF FIVE
(5) YI~ARS FR.O~f APRIL 6, 2010, rrHROlJG,H APRIL 5, 2015;
AUTlIORIZIN'G 'fHE M'A YOR TO EXEClJT.-: 'fIlE INTI~RLOCAL
A(;REEMENT ON B.r~HALF OF THE CITY; AND PROVYIDIN(; FOR AN
EFFECl"IVE DATE
WH.ER-EAS, on April 6, 2005, the City of Marathon (the '4(~ity"), the (~ity of Key \Vcst
('''Key \\'est"). and 1\1'onroc County (the ~'(~ounty'~), entered into the Lovver Keys Bus Service
Int.erlocal Agreclllent for the fixed route bus service bet\1vcen the City and Key West (the "'Bus
Service ILl\ '); and
WHEREAS, the parties wish to continue the bus service for the benefit of the residents of
the City, the County and Key West by extending the Bus Service II J\ for an additional five (5) years.
NOW, TIJERRFOI~I~, BE IT RESOLVED BY rrHE CITY COUNCII.J' Olr'l'l-lE efT\'
OF MARATHON, FLORIDA, 'I'HA'f:
Section 1.
l~he above recitals are true and correct and incorporated herein.
Section 2. 'fhe Bus Service IIJA between the City~ Key West and the County, a copy of
which is attached as r~xhibit ~"A," is hereby extended for a period of tive years from i\pril 6, 2010
through l\pril 5, 2015.
Section 3.
l'his resolution shall take effect inl111Cdiatcly upon its adoption.
PASSED AN.I) AP)'ROVED B\l '-CRE CITY COlJNC(I.; OF THlt CITY OF
MAJ~A"rl{ON, _FI"ORIDA, TIllS 23Rf) Df\ Y o Ii' Ml\RCH, 2010.
THE CITY OF l\tIARATIION, FLOI{IDA
t.
!
-- i '\ i. / ,
\., -' . { 'Vi -\ ., ~ :, ,-*. <
Ginger SfifaU, Mayor
1\ YES:
NOES:
ARSJ~:Nl':
ABS1~AIN :
A l'TEST:
Cinqtle~ Keating, Ralnsay, Worthington, Snead
None
None
None
_J>/C[.[it ('((
Diane Clavier, City Clerk
(City Seal)
", J' ", r'--"
{ \ t,
City r\ttorne
RESOLUTION NO.
05-120
A RESOLUTION OF THB CITY COMMISSION OF THE
CITY OF KEY WEST I FLORIDA APPROVING THB
ATTACHED IN'1'ERLOcAL AGRBEMEN'r TO ESTABLISH THE
LOWER KEYS SHU1"l'LB 80S; PROVIDING FOR AN
EFFBC-.rlVE DATE
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF KEY WEST,
FLORIDA, AS fOLLOWS:
Section 1:
That the attached InterlocaJ. Agreement among
the City of Key West, the City of Marathon and Monroe County is
hereby approved.
Sectj,on 2:
That this Resolution shall go into effect
immediately upon its passage and adoption and authentication by the
signature of the presiding officer and the CierI< of the Commission.
Passed and adopted by the City Commission at a meeting held
this
5
day of -~~~!:!L____, 2005.
Authenticated by the presiding officer and Clerk of the
Commission on
April~
1 2005.
Filed with the Clerk
I 2005.
);.
" ~ :,.
"I '
, , "'SyiT~~()FFLORIDA, COUNTY OF MONROE,
'\" ~ ClTY OF KEY WEST
I. This ~ if a true ()()P~' f t~a public ~e~rd. on
\ 'ljfe in ihn.~' Wltn , ~~anQ" }In 200~~
.lbal thi day OC.er....~....=J: ,
u l', { , yr1u._l--.c 1.. ( 1 /
By . Deputy City Cle(\( . :~
,,.J
-;.
LO\vcr Keys Bus S~rvkc hlterJo<.:al
City of Key West Original
.lOWER KEYS BUS SEBVr~
INTERLOCAL AGREEMEN
This Agreement ;s made and entered into by Monroe County ("COUNTY"), a
political subdivision of the State of Florida, whose address is 1100 Simonton
Street, Key West, Fl 33040, the City of Marathon ("MARATHOW), a municipal
corporation of the State of Florida whose address Is 10045-55 Overseas HIghway,
Marathon, FL 33050, and the City of Key West ("KEY WEST"), a municipal
corporation of the State of FlorIda whose address Is 525 Angela Street, Key West,
Fl 33040.
WITNESSETH:
WHEREAS, there is an agreement in effect between Miami-Dade County and
a private bus company to provide a limited pUblic transit system between Miami.
Dade County and 50th Street, Marathon; and
WHEREAS, COUNTY is authorized by SectIon 125.01(1)(I),F.S. to provide
PUblic tranSportation i and
WHEREAS, MARATHON and KEY WEST are each authorIzed by Section
166.021(1), F.S. to provide pUblic transportation; and
WHEREAS, there is no regularly scheduled public transit system for local
use between Marathon and Key West; and
WHEREAS, KEY WEST currently operates a public transit system, has
experience in the Operation of a public transportation system, public
transportation grant processes and management as well as compliance with other
Federal and State mandates, regulations and processes inclUding Florida Statutes
and the Code of Federal RegUlations; and
WHEREAS, there are many reasons for implementing public transit between
Marathon and Key West, InClUding but not limited to:
a) local res/dents who could work outside the Immediate vicinity of
their residence If public transportation through a commuter bus
system was avartable;
b) the need for safety by redUcIng traffic on U.S. Highway 1, the
single highway between Marathon and Key West;
c) the desire of many travelers, partIcularly Europeans as
determined by the COUNTY'S TourIst Development Council, to
use public transIt systems to travel from Miami to Key West;
d) the need to provide Inter-island travel with a commuter bus
public transit system upon establishment of commercial airline
service to the Marathon Alrpofl; and
e) the considerable number of local residents wIth leisure time for
travel between the Keys who either cannot or do not want to
COpe with traffic or parking problems; and
WHEREAS, KEY WEST, through its grant application experience, anticipates
obtainIng one or more Federal or State grants to Initiate a commuter bus public
. Lower Keys [Ju~ SCryjl~e (nterlOCc1'
transit system between Marathon and Key West, thereby keepi'1g the start-up
ccsts as low as Possible to the parties; and
WHEREAS, the parties are authorized by Section 163.01(4), Florida
Statutes, to enter Into an Interfocal Agreement to carry out their independent
powers; and
WHEREAS, the parties desire to provide a pUblic transit system, connecting
with the Miami-Dade to Marathon transit system to serve the Lower Keys from
50th Street, Marathon, to Key West;
NOW, THEREFORE, in consideration of the mutual promises and conditions
contained hereIn, the parties agree as follows:
1. SCOPE. The parties shall provIde a limited schedule commuter bus
pUblic transit system between 50th Street, Marathon, and Key West (hereinafter
"MARATHON-KEY WEST TRANSIT SYSTEM"). KEY WEST shall provide the
equipment and drivers using Its own transit service or by subcontracting the
service if it Is determined that subcontracting is more cost effective for all the
parties. The inltia/ route shall Include a turn~around stop at 50th Street, Marathon,
and one designated bus stop each on the Islands of Big Pine Key, Cudjoe Key,
Sugar/oaf Key, Sadd'ebunch Keys, and Big Coppltt Key, as well as a turn-around
stop on College Road, Stock Island, Key West. The parties shall use theIr best
efforts to schedule at least one trip In the early mornIng and one trip near the
hour of 5:00 PM to loop around the island of Key West. Detal/ed scheduling shall
be accompJlshed by KEY WEST transit staff with approval In writing by COUNTY's
Administrator and MARATHON's City Manager. As long as the Scheduling and
operational changes do not affect the maximum funding commJtted by each party
under this agreement, and as long as there are regularly scheduled bus stops on
the specified islands, and the desIgnated stops on Marathon and Stock Island, the
chief admInistrative officer of each party may agree In writing to changes to the
program, InclUding additIonal bus stops, without requiring further approval by
their respective governIng bodies. Upon commencement of bus service under this
Agreement, the parties shall have a study conducted to further determine the
actual use by residents and vIsitors. In order to provide for addItional or changed
scheduled stops, costs and fares. The partIes shall make adjustments to the
services and funding to achieve the greatest benefit PossIble as indicated by the
results of the stUdy.
2. TERM.
A. Subject to and upon the terms and condItions set forth herein, thIs
Agrlient Shal/n,ntinUt In force for a term of five],5) years c~m~.~clr; as of
the day of (Jt"t , 2005 and ending on the ~ day of V, ( , 2010.
,
B. It is anticipated that the actIvities of the partIes during the first year shall
be primarily devoted to the acquIsition of one or more grants for federal and state
fundIng} start~up of the transit service, as well as contributing the initial local
fundIng commItment reflected in this Agreement.
2
Lower Keys Bus Servk~ (uter)<h;al
C. The parties may extend this agreement upon expiration of the term herein
upon mutual agreement of the parties according to such terms and conditions as
may be agreed to at the time of the extension.
3. MANAGEMENT. KEY WEST shall act as the operations manager of the
commuter bus transit program, including but not limited to sUbmitting grant
applications to federal and state agencies, administering all grants for the service
to be provided, providing the buses, drivers, maintenance and scheduling, and
billing COUNTY and MARATHON for theIr share of costs pursuant to Paragraph 4.
4. FUNDING AND PAYMENT. Each party shall pay one third of the
expenses Incurred as required in order to meet the match ratio for the Federal and
State Grant Assistance Programs. Funding in the first year is limited to no more
than Fifty Thousand Dollars ($50,000.00) for each party. Funding in the years
remafning under this agreement shall contInue to be shared by the parties equallv,
contingent upon annual appropriation by the respective parties. Payment shall be
made as follows:
Payment for eXpenditures permissIble by law shall be made pursuant to the
Florida Prompt Payment Act, SectIon 218.70 F.S. et seq, through reimbursement
to KEY WEST upon presentation of invoices, canceled checks and other
documentation necessary to support a claim for reimbursement. The application
for payment documents to COUNTY and MARATHON mUst be presented as a
certifted statement signed by KEY WEST's transportation manager and notarIzed,
declaring that representations in the InvoIce are true and correct.
KEY WEST may elect to have vendors and contractors paid through the direct
vendor method, upon submission of appropriate documentatIon as outHned above
and a specific request that payment be made directly to the vendor or contractor
rather than to KEY WEST.
5. IN-HOUSE RESOURCES AND OUTSOURC'E SUPPLIERS of HARA THON
and COUNTY. COUNTY and MARATHON shall provIde reasonable assistance with
theIr own employees and equipment, as well as procurement processes, as
requested by Key WEST, to reduce costs. This may include but not be lImited to
matches with In-kind services for expenses for adminIstrative and/or operatIonal
costs under the control of MARTHON and COUNTY as allowable by grant funding
programs. COUNTY shall Include in lts Tourist Development Marketing activities a
component of advertisIng and promotion of the new service, particularly to the
European market.
6. SIGNAGE. Portable or temporary advertising signs are prohibited. It is
expected that permanent signage and signage which includes changing messages
using lighting or magnetic letters will be permitted on the bus(es). All bus stop
signs shaH be based on fixed route or. demand route service and shall be mounted
permanently In approved locations.
7. RECORDS - ACCESS AND AUDITS. All parties shall maintain adequate
and complete records for a period of Four years after termination of thIs
Agreement. Each party, its officers, employees, agents and auditors shall have
access to the other parties' bOOks, records, and documents, Including those of
3
. Lower Keys Bus Servke InterlocaJ
Contractors providing MARATHON-KEY WEST TRANSIT SYSTEM services, related to
this Agreement upon request. The access to and inspection of such books,
records, and documents by the parties shall occur during regular office hours or as
agreed.
8. RELATIONSHIP OF PARTIES. The parties to this Agreement are
Independent of each other and shafl at no time be regally responsible for any
negligence on the part of the other parties, their employees, agents or volunteers
resulting In either bodily or personal injury or property damage to any individual,
property or corporat;on.
9. TAXES. The parties are not subject to taxes and assessments.
10. INSURANCE. The parties to this agreement stipulate that each is a state
governmental entity as defined by Florida Statutes and represents 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 agreement.
Each party agrees to keep in full force and effect the required Insurance coverage
during the term of this Agreement, If the Insurance pOlicies originally purchased
which meet the reqUIrements of this agreement 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
certlffcates shall be filed with the other parties whenever acquired or amended.
11. RESTRICTIONS ON AGREEMENTS ENTERED PURSUANT TO THIS
AGREEMENT. KEY WEST shall Include in all contracts funded under this
Agreement the following terms:
A. Antl-discrrmlnatJon. Contractor agrees that It will not discriminate against any
employees or applicants for employment or against persons for any other benefit
Or service under this agreement because of their race, color, religion, sex, national
orIgin, or physical or mental handicap where the handIcap does not affect the
ability of an individual to perform in a position of employment, and to abide by all
federal and state laws regarding non-disctimlnatlon.
8. Anti-kickback. Contractor warrants that no person has been employed or
retained to solicit or secure this agreement upon an agreement or understanding
fOr a commission, percentage, brokerage or contingent fee, and that no employee
or officer of KEY WEST,MARATHON, or COUNTY has any interest, financially or
otherwise, in contractor. For breach or violation of this warranty, KEY WEST shall
have the right to annul this agreement without liability or, in its discretion, to
deduct from the agreement price or consideration, the full amount of such
commission, percentage, brokerage or contingent fee. Contractor aCknOWledges
that it Is aware that funding for this agreement is available through KEY WEST,
4
'..(Hver Keys Bus Service fnterlocaJ
. MARATHON and COUNTY and that violation of this paragraph may result in KEY
WEST, MARATHON Or COUNTY withdrawing funding for the Project.
C, Hold harmless/Indemnification. Contractor acknowledges that this agreement
Is funded at least /n part by Monroe County and the City of Marathon and agrees
to indemnify and hold harmless COUNTY, MARATHON and KEY WEST and any of
their OffJcers and employees from and against any and all claims, liabilities,
litigation, causes of actIon, damages, costs, expenses (Including but not limited to
fees and expenses arising from any factual Investigation, diScovery or preparation
fOr litigation), and the payment of any and a/l of the foregoing or any demands,
settlements or Judgments (collectively claims) arising directly or Indirectly from
any negligence or crimlna/ conduct on the part of Contractor In the performance of
the terms of this agreement. The Contractor shall Immediately give notice to
COUNlY, MARATHON and KEY WEST of any suit, claim Or action made against the
Contractor that is related to the activity under thIs agreement, and will cooperate
with COUNTY, MARTHON and KEY WEST in the Investigation ariSing as a result of
any suit, action or claIm related this agreement.
D. Insurance. Contractor agrees that it maintains In force as part of the
operating expenses of this bus route extension, a liability insurance policy which
will Insure and IndemnIfy the Contractor, COUNTY, MARATHON and KEY WEST
from any suits, claims or actions brought by any person or persons and from all
costs and expenses of litigation brought against the Contractor for such Injuries to
persons or damage to property Occurring durIng the agreement or thereafter that
"results from performance by Contractor of' the obligations set forth In this
agreement. At all tImes during the term of thIs agreement and for one year after
acceptance of the project, Contractor shall maintain on tile with KEY WEST a
certificate of the Insurance of the carriers ShOWing that the aforesaid insurance
policy Is In effect. The folloWing coverage's shall be provIded:
1. Workers Compensation insurance as required by Florida Statutes.
2. Commercial General liability Insurance with mInimum limIts of
$1,000,000.00 per occurrence for bodily Injury, personal Injury and property
damage.
3. ComprehenSive AutoNehicle Liability Insurance With minImum limits of
$1,000,000.00 combined single limit per occurrence.
KEY WEST, COUNTY and MARATHON shall be named as add/tlona/lnsureds, except
on Workers Compensation Insurance policies. The poliCies shall provide no less
than 30 days notice of cancellatIon, non-renewal or reduction of coverage.
At all times during the term of this agreement and for one year after acceptance
of the project, Contractor Shall maintain on file with KEY WEST a certificate of
insurance showing that the <Jforesald insurance coverage's are In effect.
e) Licensing and Permits. Contractor warrants that It shall havel prior to
commencement of Work under this agreement and at alf times during saId work,
aU required licenses and permits whether required by federal or state law, or
Monroe County or any applicable municipal ordinance.
s
to wcr Keys Bus Service lntcrlOCilt
· f) Right to Audit. The Contractor shall keep such records as are necessary to
document the performance of the agreement and expenses as incurred, and give
access to these records at the request of KEY WEST, MARATHON or the COUNTY,
the State of Florida or authorJzed agents and representatives of said government
bodies.
12. HOLD HARMLESS. To the extent allowed by law, each party shall be
responsible for any acts of negligence on the part of its employees, agents,
contractors, and subcontractors and shall defend, Indemnify and hold the other
parties harmless from all claims ariSing out of such actions.
To the extent allowed by law! each party shalt defend, release, discharge,
Indemnify and hold harmless the other parties, the members of their governing
boards, officers and employees, agents and contractors, from and against any
and all claims, demandSI causes of action, losses, costs and expenses of whatever
type, Including investigation! Witness costs and expenses, and attorneys' fees and
costs that arise out of or are attributable to the activIties under this agreement
except for those claims, demandsl damages, liabilities, actions, causes of action,
losses, costs and expenses that are the result of the sole negligence of one of the
other parties. The purchase of the insurance required under this Agreement does
not release Or vitiate any party's obligations under this paragraph. This does not
constitute a waiver of any party's sovereign Immunity rights including but not
limited to those expressed In Section 768.28, Florida Statutes.
13. NON-DISCRIMINATION. The parties, each for itself, its personal
representatives, successors In Interest, and assigns, as a part of the ConsideratIon
hereof, does hereby COvenant and agree that no person shall be discriminated
against In the provision of services or award of contracts under this Agreement as
provIded under Federal and State law, and applicable local ordInance on the
grounds of race, color! or national origin.
The PartIes agree that there will be no discrImination against any person, and it Is
expressly understood that upon a determinatIon by a court of competent
jUrisdiction that discrimination has Occurred, this Agreement automatIcally
terminates without any further actIon on the part of any party! effective the date
of the court order. The Parties agree to comply with all Federal and Florida
statutes! and all local ordinances, as appllcable, relating to nondiscrimination.
These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (Pl
88~35:2) which prohibits discrimination on the basIs of race, color or national
orIgin; 2) Title IX of the Education Amendment of 1972, as amended (20 use $S.
1681-1683, and 1685-1686), which prohibIts discrimination on the basis of sex; 3)
Section 504 of the Rehabilitation Act of 1973, as amended (20 use s. 794), which
prohibits discrimination on the basis of handicaps; 4) The Age DiscrImination Act
of 1975, as amended (42 use 55. 6101- (107) which prohIbits discrimination
on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-
255), as amended, relating to nondiscrimination on the basis of drug abuse; 6)
The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
RehabWtation Act of 1970 (PL 91-(16)1 as amended, relating to nondiscrimination
on the basis of alcohol abuse or alcoholism; 7) The PUblic Health Service Act of
1912, 55. 523 and 527 (42 USC 55. 690dd-3 and 290ee-J), as amended, relating
6
Lo'v~r Keys Bus S~I'vice IntedocaJ
to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil
Rights Act of 1968 (42 use s. et seq.), as amended, relating to nondiscrimination
in the sale, rental or fInancing of hOusIng; 9) The Americans with Disabilities Act of
1990 (42 use s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; to} Monroe County Code eh. 13,
Art. VI, prohibiting discrimination on the bases of race, color, sex, religion,
disability, national origin, ancestry, sexual orientation, gender identity Or
expression, familial status or age; (11) Code of Ordinances of the City of Key West
Section 38-191 et seq and Section 38-260 and (12) any other nondiscrimination
prOViSions In any Federal or state statutes which may apply to the parties to, or
the subject matter of, this Agreement.
14. TERMINATION. f<EY WEST may terminate this agreement at any time
upon thirty days notice to the other parties sent by certified mall to the addresses
of the parties preViously stated above. MARATHON and COUNTY may terminate
this Agreement at any time upon sixty days notice to the other parties.
IS. ASSIGNMENT. No Party may assign this Agreement or assign or
subcontract any of Its obligations under this Agreement other than as specified
wIthout the approval of the governing boards of the other Parties. All the
obligations of this Agreement will extend to and bind the legal representatives,
SUccessors and assIgns of the all Parties.
16. SUBORDINATION. ThIs Agreement Is subordinate to the laws and
regulations of the UnIted States, the State of Florida, COUNTY, MARATHON and
KEY WEST Whether in effect on commencement of this Agreement or adopted
after that date.
17. GOVERNING lAWS/VENUE. This Agreement is govemed by the laws of
the State of Florida and the United States. Venue for any dispute arising under
this Agreement must be In Monroe County, Florida. In the event of any litigation,
the prevailing party is entitled to a reasonable attorney's fee and costs.
18. ETHICS CLAUse. KEY WEST and MARATHON each warrant that It has not
employed, retaIned or otherwise had act on Its behalf any former COUNTY officer
or employee Subject to the prohibition of SectIon 2 of Ordinance No. 010-1990 or
any COUNTY officer Or employee In violation of Section 3 of Ordinance No. 010-
1990. For breach or violation of this provISion, the COUNTY may, In its discretion,
terminate this Agreement without liability and may also, In its discretion, deduct
from the agreed payments or otherwIse recover the full amount of any fee,
commissfon, percentage, gift or consideration pard to the former COUNTY officer
or employee.
19. CONSTRUCTION. This Agreement has been carefully reviewed by the
parties. Therefore, this Agreement Is not to be construed against any party on the
basis of authorship.
20. NOTICES. Notices in this Agreement, unless otherwise specified, must be
sent by certIfied mail to the fOllowing:
7
(.\.)l,\'cr Key~ B us Service fntttlocaJ
COUNTY:
County Administrator
1100 Simonton Street
Key West, FL 33040
CITY OF MARATHON;
City Manager
10045-55 Overseas Highway
Marathon, Florida 33050
CITY OF KEY WEST:
City Manager
P.O. Box 1409
Key Westj Florida 33041
21. FULL UNDERSTANDING. This Agreement Is the parties' final mutual
understanding. It replaces any earlier agreements or understandings, whether
written or oral. This Agreement cannot be modified or replaced except by another
written and signed agreement.
IN WITNESS WHEREOF. each party has caused thIs Agreement to be executed by
its duly authorized representative.
(SEAL) .
ATTEST: DANNV . KOLHAGE, CLERK
-7 /l
BY:(-- ~"'-K. --~,f-" .-c.A:.C..
. . . Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONR?Ef?~N3J?ORID' / .
By: ,,~ ~
Mayor/Chairman
Date: 1'l}1..U: eL d.! l.." ~-
By:
CI~ OF ~l'_J f'~_. )
By. ~ ./t~.. .-L
. - "' ........-
.... Mayor
Date:
03/~1o~
, ,
-j
8