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FY2013 10/17/2012 Contract DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: November 5, 2012 TO: Dent Pierce, Director Public Works Division A TTN: Beth Leto, Assistant Director Public Works Division FROM: Isabel C. DeSantis, D.C. . jrL At the October 17, 2012, Board of County Commissioner's meeting, the Board approved the following: Item C34 Interlocal Agreement with the City of Marathon for utilization of the County meeting room in Marathon for 24 City Council meetings. Enclosed is a duplicate of the above - mentioned for your handling. Should you have any questions, please do not hesitate to contact this office. cc: County Attorney Finance File INTERLOCAL AGREEMENT FOR THE USE OF THE MEETING ROOM AT THE MARATHON GOVERNMENT CENTER Fiscal Year 2012 - 2013 THIS INTERLOCAL AGREEMENT is entered into pursuant to Sec. 163.01, FS, by and between MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040, hereafter County, and the CITY OF MARATHON, a municipal corporation, whose address is 9805 Overseas Highway, Marathon, FL 33050, hereafter City. WHEREAS, the County has a meeting room at the Marathon Government Center with the technical facilities to enable meetings to be cablecast; WHEREAS, the County desires to permit the City to use the County meeting room; now therefore IN CONSIDERATION of the mutual promises and covenants set forth below, the irti= agree as follows: ;,— o 0 -'fzl- .0 SECTION 1. c n o a) The County authorizes the City to hold 24 City Council meetings dur' the period October 1, 2012 through September 30, 2013 at the Marathon Government enter meeting room with each meeting approximately two weeks apart. The City must c000inaa meeting dates with the Facilities Maintenance office so that no County /City schedule •Sverl occurs. The City will provide the meeting schedule prior to October 1, 2012. If a schedule conflict between a City Council meeting and a meeting of the County Commission, County Planning Commission, County Code Enforcement hearing or County Contractors Examining Board does occur, then the County meeting or hearing will take precedence. b) The County will televise live the City Council meetings, unless there is a meeting of the County Commission, County Planning Commission, County Code Enforcement hearing, County Contractors Examining Board or similar organization going on at the same time. If there is a County meeting or hearing going on, then the City Council meeting will be postponed until the County meeting or hearing has concluded. The City Council meeting will be televised live on Channel 76 as soon as the County meeting or hearing is concluded. c) Except as provided in Sec. 1(b), the County will replay each City Council meeting tape one time before the next City Council meeting. The City may request a specific time and date for each replay through the Technical Services office which shall accommodate the City's request unless the time requested by the City would conflict with a live telecast of a County meeting or hearing. d) The County will furnish the City one video tape copy of each City Council meeting. SECTION 2. From the effective date of this Agreement, until September 30, 2013, the City shall pay the County $255.68 per hour for each of the 24 City Council meetings to be held at the Marathon Government Center, televised live (if there is no conflict with a county meeting or hearing), meeting video tapes, and one replay on Channel 76 of each meeting. To cover the facilities costs for the use of the room and televising costs, there shall be a one -half hour charge to set up prior to the meeting and a one -half hour charge after the meeting for the breakdown of equipment (one hour total per meeting). Total hours billed for each televised meeting will include a one -half hour set -up and one -half hour breakdown charge at rates of $65.65 per hour for room set up and $190.03 per hour for Channel 76 set up, totaling $255.68 per meeting. The amount shall be paid quarterly based on the number of meetings held during such quarter. If the City Council holds meetings in excess of 24 during the period of October 1, 2012 through September 30, 2013, and desires that the extra meetings be held at the Marathon Government Center pursuant to this Agreement, then the City must pay the County an additional $255.68 per hour for each meeting held. If this Agreement is extended for subsequent years after September 30, 2012, then for each year thereafter the fee will be adjusted to reflect changes in County costs. SECTION 3. The term of the Agreement is from October 1, 2012 through September 30, 2013. Either party may terminate this Agreement without penalty upon thirty (30) days' prior written notice. SECTION 4. The parties to this agreement stipulate that each is a state governmental agency as defined by Florida Statutes and represents to the other that it has purchases suitable Public Liability, Vehicle Liability, and Workers' Compensation insurance, or is self- insured, in amounts adequate to respond to any and all claims within the limitations of Florida Statute 768.28 and 440, arising out of the activities governed by this agreement. 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 party harmless from all claims arising out of such actions. SECTION 5. This agreement will take effect when executed certified copies are filed in the Office of the Clerk of the Sixteenth Judicial Circuit and in the Office of the Clerk of the City of Marathon, Florida. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the date set forth below. (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA By Q0 C B y Deputy Clerk Mayor /Chairperson` Date /C' — / 7 / 0 ATTEST: CITY OF MARATH�/ N, B � 2 GVn� 'cLU '� y By L /, II City Clerk . .IATT•RNEY Date : •P`0 D T• 'Ft At • 11:• s�• 2 ASSIS =► - oil r ATT RN Y ECOPY Sponsored by: Hernstadt CITY OF MARATHON, FLORIDA RESOLUTION 2012 -123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARATHON, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF MARATHON AND MONROE COUNTY FOR THE USE OF THE MEETING ROOM AT THE MARATHON GOVERNMENT CENTER; AUTHORIZING THE MAYOR TO EXECUTE THE INTERLOCAL AGREEMENT ON BEHALF OF THE CITY; AUTHORIZING THE CITY MANAGER TO EXPEND BUDGETED FUNDS ON BEHALF OF THE CITY; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Marathon (the "City ") wishes to utilize the Monroe County (the "County") Meeting Room located at the Marathon Government Center to enable the City to televise it's Council meetings; and WHEREAS, the City has negotiated an Interlocal Agreement with the County that authorizes the City's use of the County Meeting Room for a minimum of twenty -four (24) televised Council meetings at an agreed hourly rate of $255.68, including an hour total of setup and breakdown of the equipment per meeting commencing on November 1, 2012 through September 30, 2013 (the "Meeting Room ILA "). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARATHON, FLORIDA, THAT: Section 1. The above recitals are true and correct and incorporated herein. Section 2. The Meeting Room ILA attached hereto as Exhibit "A ", between the City and County for the utilization of the County Meeting Room at the Marathon Government Center is hereby approved. The Mayor is authorized to sign the Meeting Room ILA on behalf of the City, and the City Manager is authorized to expend budgeted funds on behalf of the City. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF MARATHON, FLORIDA, THIS 23 DAY OF OCTOBER, 2012. THE CITY OF MA T : ON, FLORIDA i mlialar A gral t ,_ Mayor Pete Worth's n AYES: Cinque, Keating, Ramsay, Snead, Worthington NOES: None ABSENT: None ABSTAIN: None ATTEST: bbi W Jam, Diane Clavier, City Clerk (City Seal) APPROVED AS TO FORM AND LEGALITY FOR THE USE AND RELIAN E 0 THE CITY • MARATHON, FLORIDA ONLY: • City Atto j WO