03/19/2014 Agreement • 4I4( i`-
SCANNED
_ AMY HEAVILIN CPA
Ox
CLERK OF CIRCUIT COURT & COMPTROLLER
MONROE COUNTY,FLORIDA
.15-1 AAA
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MOW
DATE: March 28, 2014
TO: Bob Ward, Director
Information Technology
ATTN: Maria Guerra
Sr. Administrative Assistant
FROM: Villa Fernandez, D.C.
At the March 19, 2014, Board o County Commissioner's meeting the Board granted approval
and authorized execution of Item C2 Inter-Local Agreement (ILA) with the City of Key West which
*ill provide-secure access to Monroe County's Geographic Information System (GIS) for licensed GIS
clients purchased by the City of Key West.
Enclosed is a duplicate original of the above mentioned for your handling. Should you have any
questions,please feel free to contact our office.
cc: County Attorney (w/o documents)
Finance
File
500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fox:305-295-3663
3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fax 305-289-6025
88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fax 305-852-7146
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INTERLOCAL AGREEMENT FOR
GLOBAL INFORMATION SYSTEMS ACCESS
THIS INTERLOCAL AGREEMENT is entered into as of this //d day of
data- , 20 14/ , between Monroe County, a political subdivision of the State of Florida
(hereinafter, the COUNTY) and the City of Key West, a municipal corporation organized and
existing under the laws of the State of Florida(hereinafter, the CITY).
WITNESSETH
WHEREAS,Monroe County maintains an extensive Geographic Information System (GIS)
covering the entire Florida Keys;and
WHEREAS,detailed aerial maps of the City of Key West exist as part of this system;and
WHEREAS,The City of Key West is interested in using this portion of the County's GIS system
for their own needs;
NOW THEREFORE, in consideration of the mutual promises and conditions contained herein,
the parties agree as follows:
I. The CITY will purchase any licenses required for their use from ESRI directly. The
COUNTY will not provide licenses for the CITY's use.
2. The COUNTY will provide remote,secure network access to their GIS server via a
remote desktop client Windows session that contains the GIS Standard or Advance
Desktop software. The version of the client will depend on the level of license that the
CITY purchases.
3. The COUNTY will provide remote,secure network access for GIS web clients on the
CITY's network to view Key West's GIS maps and layer data for up to 10 simultaneous
clients.
4. The CITY shall pay the COUNTY $3,500 per year for 10% of the annual infrastructure
costs associated with maintaining access to the GIS server environment. This cost will
cover network access and utilization, software licensing and maintenance,server
hardware, storage,backups and other system management services.
5. The COUNTY will provide an invoice to document said costs to the CITY. The CITY
shall pay this invoice in full within 30 days.
6. This agreement may be terminated by either party upon thirty days written notice.
7. This Agreement shall become effective immediately upon execution.
8. To the extent permitted by law and subject to the provisions and monetary limitations of
Section 768.28, Florida Statutes,the CITY does hereby agree to defend, indemnify and
hold the COUNTY, its officers, agents, or employees, harmless from and against any and
all liability, damages, costs or expenses (including reasonable attorneys' fees, costs, and
ILA FOR GIS Page 1
expenses at both the trial and appellate levels)arising from the acts or omissions of the
CITY in connection with this Agreement.
9. 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: Bob Shillinger, Esq.
Monroe County Attorney's Office
P.O. Box 1026
Key West, Florida 33041-1026
If to City: Bob Vitas
City Manager
P.O. Box 1409
Key West, Florida 33041
With a copy to: Shawn Smith, Esq.
City Attorney
P.O. Box 1409
Key West, Florida 33041
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.
15. 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.
ILA FOR GIS Page 2
16. 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, Lower Keys Division of the Circuit Court or the
Southern District of Florida. This Agreement is not subject to arbitration.
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 CITY and its employees, volunteers, agents, vendors and subcontractors shall
be and remain independent contractor and not agents or employees of the
COUNTY 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.
ILA FOR GIS Page 3
22. 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.
23. 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.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.I
ILA FOR GIS Page 4
IN WITNESS WHEREOF, the parties hereto have set their hands and seal the day and
year first written above.
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
BY: ��
A 0 „.4 Mayor/Chairperson
AMY HEAVILIN, CL IRK
J Eel
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Deputy Clerk
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THE CITY OF KEY WEST, FLORIDA
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APPROVED AS TO F AND LEGA FOR THE USE a
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BY:6-
City Attorney
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
C HRISTI en . LdBERT-B nnaula
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CHRISTINE M. LIMBERT-BARROWS
ASSISTAy7rOl_I 1 y ATTORNEY
Date OO(I
ILA FOR GIS Page 5
RESOLUTION NO. 14-048
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF KEY WEST, FLORIDA, AUTHORIZING AN
INTERLOCAL AGREEMENT BETWEEN MONROE COUNTY
AND THE CITY OF KEY WEST FOR USE OF A
PORTION OF A GEOGRAPHIC INFORMATION SYSTEM
(GIS) ; PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City recognizes a need for a GIS system, to
query, analyze and map data, and a GIS position was approved for
the 2013-14 fiscal year; and
WHEREAS, City staff has identified an opportunity to tap
into Monroe County' s GIS system, which covers the entire Florida
Keys, including detailed aerial maps of the City of Key West;
and
WHEREAS, necessary license (s) for use of the County' s GIS
system will be purchased directly from ESRI (GIS Software
supplier) , and the County will provide the City with secure
network access to their GIS server via a remote desktop client
Windows session based upon the level of license purchased by the
City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF KEY WEST, FLORIDA, AS FOLLOWS:
Section 1: That the attached "Interlocal Agreement For
Global Information Systems Access" between Monroe County and the
City Of Key West is approved.
Section 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 City Commission at a meeting held
this 19 day of February , 2014 .
Authenticated by the Presiding Officer and Clerk of the
Commission on 20 day of February , 2014 .
Filed with the Clerk on February 20 , 2014 .
Mayor Craig Cates Yes
Vice Mayor Mark Rossi Absent
Commissioner Teri Johnston Yes
Commissioner Clayton Lopez Yes
Commissioner Billy Wardlow Yes
Commissioner Jimmy Weekley Yes
Commissioner Tony Yaniz Yes
• CRA ^TAR
nT T'.S
CHERYL SMITH, ITY CLERK