03/19/2014 Agreement •
•
r AMY HEAVILIH CPA
CLERK OF CIRCUIT COURT & COMPTROLLER
MONROE COUNTY,FLORIDA
�1 1 a y 4 DI
SC
ANNED
DATE: April 2, 2014
TO: Roman Gastesi, County Administrator
Add mministrator
ATTN: Connie Cyr/tawny Pin
FROM: Vitia Fernandez, D.C•/��
At the March 19, 2014, Board of County Commissioner's meeting the Board granted approval
and authorized execution of Item P6 Approval of an Interlocal Agreement for FDOT providing for the
funding, repair and rehabilitation of the old seven mile bridge between Knights Key and Pigeon Key.
Enclosed are two (2) duplicate originals of the above-mentioned for your handling Should you have
any questions, please feel free to contact me.
cc: County Attorney
Finan9e
File V
500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fax:305-295-3663
3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fox:305-289-6025
88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fax:305-852-7146
Sponsored by: Ramsay
CITY OF MARATHON, FLORIDA Copy
RESOLUTION 2014-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MARATHON,FLORIDA,APPROVING AN INTER-LOCAL AGREEMENT
BETWEEN THE CITY OF MARATHON AND MONROE COUNTY FOR
FUNDING TOWARDS THE FIXED ANNUAL CAPITAL OUTLAY COSTS
OF THE OLD SEVEN MILE BRIDGE REPAIR AND MAINTENANCE;
AUTHORIZING THE MAYOR TO EXECUTE THE INTER-LOCAL
AGREEMENT AND AUTHORIZING THE CITY MANAGER TO EXPEND
BUDGETED FUNDS ON BEHALF OF THE CITY; AND PROVIDING FOR
AN EFFECTIVE DATE
WHEREAS,the Florida Department of Transportation("FDOT")has jurisdiction over and
maintains the Old Seven-Mile Bridge ("Bridge") that connects the City of Marathon ("City") to
Pigeon Key—which is in unincorporated Monroe County ("County"); and
WHEREAS, FDOT has deemed the bridge structurally unsafe for vehicular traffic and has
closed it, and access to Pigeon Key is restricted to water-based methods of transportation; and
WHEREAS, the County and the City have requested that FDOT repair and restore the
Bridge to ensure the safety of pedestrians and to allow for limited vehicular capacity of 17 tons(SU 2
Type Truck),which will allow access form Knights Key to Pigeon Key for fire and rescue vehicles,
and to preserve the Bridge as a historic and cultural resource; and
WHEREAS, FDOT is willing to repair and restore the Bridge contingent upon funding
contributions from the City and the County; and
WHEREAS, the City and the County have agreed to contribute funding for the repair and
annual maintenance of the Bridge and desire to set forth their respective funding obligations.
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 Inter-Local Agreement("ILA") between the City,and the County,a copy
of which is attached hereto as Exhibit "A", together with such non-material changes as may be
acceptable to the City Manager and approved as to form and legality by the City Attorney,is hereby
approved. The Mayor is authorized to sign the 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 11th DAY OF MARCH 2014.
THE CITY OF MARATHON,FLORIDA
\ l4� S �
Dick Ramsay, Mayor
AYES: Bull, Senmartin, Keating, Ramsay
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:) p�Nt�,,
U.I/ Y�-t. CN c
Diane Clavier, City Clerk
(City ceai)
APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE
AND RELIAN E I THE CITY 0 MARATHON,FLORIDA ONLY:
City Attorn j up
V205661 vi
OLD SEVEN MILE BRIDGE FUNDING
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT is made and entered into this 19th day of March,
2014 by and between MONROE COUNTY, a political subdivision of the State of Florida, whose
address is 1100 Simonton Street, Key West, FL, 33040, ("COUNTY"), and the CITY OF
MARATHON, a municipal corporation of the State of Florida, whose address is 9805 Overseas
Highway, Marathon, Florida 33050 (the "CITY").
WHEREAS, the Florida Department of Transportation (FDOT) has jurisdiction over
and maintains the Old Seven-Mile Bridge (Bridge) from the City of Marathon to Pigeon Key in
the COUNTY; and
WHEREAS, FDOT has deemed the bridge structurally unsafe for vehicular traffic and
has closed it, and access to Pigeon Key is restricted to water-based methods of transportation;
and
WHEREAS, the County and the City of Marathon have requested that FDOT repair and
restore the Bridge to ensure the safety of pedestrians and to allow for limited vehicular capacity
of 17 tons (SU 2 Type Truck), which will allow access form Knights Key to Pigeon Key for fire
and-rescue-vehicles, and to preserve the Bridge as a historic and cultural resource; and
WHEREAS, FDOT is willing to repair and restore the Bridge contingent upon funding
contributions from the City and the County; and
WHEREAS, the City and the County have agreed to contribute and desire to set forth
their respective funding obligations;
NOW THEREFORE, in consideration of the mutual promises and conditions contained
herein, the parties agree as follows:
1. Monroe County shall execute an agreement with FDOT to establish design, repair,
maintenance and funding obligations for repair and restoration of the Bridge sufficient to allow
pedestrian and limited vehicular access from Knights Key to Pigeon Key.
2. Beginning in Year 0 (as defined in the agreement between Monroe County and FDOT for
Rehabilitation of the Old Seven Mile Bridge), and continuing for 30 years the City of Marathon
will annually pay the County $177,833.00 towards the fixed capital outlay costs of the bridge.
The City's performance and obligation to pay under this agreement, is contingent upon annual
appropriation by the City Council.
3. The County will submit a copy of the FDOT Agreement to the City upon execution of the
Agreement. Requests for payment will be submitted on an annual basis. The County will invoice
the City on October of each year with payment due within 30 calendar days. Funds collected
pursuant to this Agreement will be held by the Monroe County Clerk of Courts and may only be
used for the purpose set forth in this Agreement. In the event the agreement for Rehabilitation Of
The Old Seven Mile Bridge between the County and FDOT is terminated, the County shall
return any payments made by the City that were not obligated towards payment of Fixed Capital
Expenses prior to the date of termination of the agreement between FDOT and County unless
otherwise agreed to by the parties.
4. The agreement for the repair, restoration and maintenance of the bridge will be between
the County and FDOT; the City is not a party to the contract.
5. This Agreement shall become effective immediately upon execution.
6. The City and County previously entered into an Interlocal Agreement dated May 16,
2012 providing for ferry service from the City of Marathon to Pigeon Key, The City and County
herebyacknowledge that this Interlocal Agreement will impose additional financial obligations
on the parties and the duties, rights and obligations of the May 16, 2012, and any future
Interlocal Agreement for ferry service shall remain in full force and effect.
7. In the event of any failure of compliance by either party hereto with any of its material
obligations to the other party as provided for herein such action shall constitute a default under
this Agreement.
8. Upon any such default, the non-defaulting party shall provide to the defaulting party a
written Notice of such default, which Notice (a "Default Notice") shall state in reasonable detail
the actions the defaulting party must take to cure the same. The defaulting party shall cure any
such default, within 30 days following the date of the Default Notice.
9. Notwithstanding the provisions of this Section, if any such default by the defaulting party
remains uncured at the conclusion of any specified 30 day cure period, and if the nature of the
defaulting party's obligations are such that more than 30 days is required to effect cure, then the
defaulting party shall not be in default hereunder and the non-defaulting party shall not have the
right to exercise its termination rights granted herein as a result of any such default, if the
defaulting party commences cure within the applicable cure period and thereafter diligently
pursues cure to completion of performance.
10. In the event the defaulting party fails to affect any required cure as provided for herein,
the defaulting party shall be deemed to be in uncured default hereunder, and the non-defaulting
party shall have the right, but shall not be obligated, upon written Notice to the defaulting party,
to terminate this Agreement.
11. If such Notice is given, this Agreement shall terminate on the date set forth in the Notice
and the parties shall be relieved of all rights and obligations hereunder, except for any rights and
obligations that expressly survive termination.
12. To the extent permitted by law and subject to the provisions and monetary limitations of
Section 768.28, Florida Statutes, the County does hereby agree to defend, indemnify and hold the
City, its officers, agents, or employees, harmless from and against any and all liability, damages,
costs or expenses (including reasonable attorneys' fees, costs, and expenses at both the trial and
appellate levels) arising from the acts or omissions of the County or any third party vendor
contracted by the County in connection with this Agreement.
13. Notices.
All notices, requests, demands, elections, consents, approvals and other communications
hereunder must be in writing and addressed as follows, or to any other address which either party
-may designate to the other party by mail:
If to County:
Roman Gastesi, Jr.
County Administrator
Monroe County Historic Gato Building
1100 Simonton Street
Key West, Florida 33040
With a copy to:
Robert Shillinger, Esq.
Monroe County Attorney's Office
P.O. Box 1026
Key West, Florida 33041-1026
If to City:
City of Marathon
9805 Overseas Highway
Marathon, Florida 33050
Attention: City Manager
With a copy to:
GrayRobinson, P.A.
401 East Las Olas Blvd., Suite 1850
P.O. Box 2328
Fort Lauderdale,Florida 33301
Attention: John Herin, Esq.
Any Notice required by this Agreement to be given or made within a specified period of time,or
on or before a date certain, shall be deemed to have been duly given if sent by certified mail,
return receipt requested, postage and fees prepaid; hand delivered; or sent by overnight delivery
service.
14. Attorneys Fees and Waiver of Jury Trial.
In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled
to recover its attorneys' fees and costs, including the fees and expenses of any paralegals, law
clerks and legal assistants, and including fees and expenses charged for representation at both the
trial and appellate levels.
In the event of any litigation arising out of this Agreement, each party hereby knowingly,
irrevocably, voluntarily and intentionally waives its right to trial by jury.
15. Governing Law.
This Agreement shall be construed in accordance with and governed by the laws of the State of
Florida. Exclusive venue for any litigation arising out of this Agreement shall be in Monroe
County, Florida, Middle Keys Division of the Circuit Court or the Southern District of Florida.
This Agreement is not subject to arbitration.
16. Public Access.
Pursuant to Florida Statute §119.0701, the City and County shall comply with all public records
laws of the State of Florida, including but not limited to:
(a) Keep and maintain public records that ordinarily and necessarily would be required by
Monroe County in the performance of this Agreement.
(b) Provide the public with access to public records on the same terms and conditions that
Monroe County would provide the records and at a cost that does not exceed the cost provided in
Florida Statutes, Chapter 119 or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to Monroe
County all public records in possession of the contractor upon termination of this Agreement and
destroy any duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. All records stored electronically must be provided to Monroe
County in a format that is compatible with the information technology systems of Monroe
County.
17. Entire Agreement/Modification/Amendment.
This writing contains the entire Agreement of the parties and supersedes any prior oral or written
representations. No representations were made or relied upon by either party, other than those
that are expressly set forth herein.
No agent, employee, or other representative of either party is empowered to modify or
amend the terms of this Agreement, unless executed with the same formality as this document.
18. Nonassignability.
This Agreement shall not be assignable by either party unless such assignment is first approved
by both parties.
19. Severability.
If any term or provision of this Agreement shall to any extent be held invalid or unenforceable,
the remainder of this Agreement shall not be affected thereby, and each remaining term and
provision of this Agreement shall be valid and be enforceable to the fullest extent permitted by
law.
20. Independent Contractor.
The County and its employees, volunteers, agents, vendors and subcontractors shall be and
remain independent contractor and not agents or employees of the City with respect to all of the
acts and services performed by and under the terms of this Agreement. This Agreement shall not
in any way be construed to create a partnership, association or any other kind of joint
undertaking, enterprise or venture between the parties.
21. Waiver.
The failure of either party to this Agreement to object to or to take affirmative action with
respect to any conduct of the other which is in violation of the terms of this Agreement shall not
be construed as a waiver of the violation or breach, or of any future violation, breach or wrongful
conduct.
22. Funding.
The parties agree that the City's responsibility under this Agreement is to provide funding only,
which shall not exceed $177,833.00 annually.
23. Survival of Provisions.
Any terms or conditions of either this Agreement that require acts beyond the date of the term of
the Agreement, shall survive termination of the Agreement, shall remain in full force and effect
unless and until the terms or conditions are completed and shall be fully enforceable by either
party.
24. Counterparts.
This Agreement may be executed in several counterparts, each of which shall be deemed an
original, and such counterparts shall constitute one and the same instrument.
IN WITNESS WHEREOF,the parties hereto have set their hands and seal the day and year first
.til, • en above.
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A BOARD OF COUNTY COMMISSIONERS
: AMY HEAVILIN, CLERK OF MONROE COUNTY,
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By: y:
Clerk Mayor Syl is Murp'y
(SEAL) c
CITY OF MARATHON
ATTEST: Ri
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BY: By: � t � ` ? ..-.� � ..
Diane Clavier, City Clerk Mayor Dick Ramsay
MON P OV AS C UNTY A ORN
PEDRO J. .CADO
ASSISTANT COU A7OR EY
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