Item C09 C.9
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys � � �l'U � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
June 19, 2019
Agenda Item Number: C.9
Agenda Item Summary #5639
BULK ITEM: Yes DEPARTMENT: Engineering/Roads
TIME APPROXIMATE: STAFF CONTACT: Olympia Newton (305) 292-4521
N/A
AGENDA ITEM WORDING: Approval of Amendment No. 5 to the Interlocal Agreement (ILA)
with the City of Marathon to increase the reimbursement to the County to 7.5% of the base ferry
service (no special events or overhead costs or charges) or up to $19,143.90 (increase of$1,800 per
year), whichever is less, on an annual term beginning July 1, 2019 for three (3) consecutive terms.
ITEM BACKGROUND:
Monroe County received a request from the ferry service contractor to increase the base ferry price,
the City of Marathon's portion to the increase in the base ferry price is 7.5% of the base ferry service
(no special events or overhead costs or charges)up to $19,143.90, whichever is less, on an annual
term beginning July 1, 2019 for three (3) consecutive terms.
PREVIOUS RELEVANT BOCC ACTION:
The BOCC approved Amendment 4 to the ILA for three (3) additional years of funding at 7.5% of
the contract amount or $18,750, whichever is less, per year to fund the Pigeon Key Ferry on an
annual basis commencing on July 1, 2018. The BOCC approved Amendment 3 to the ILA for three
(3) additional years of funding for the Pigeon Key Ferry in May 2015. The BOCC approved
amendment 2 to the ILA for an additional year of funding in May 2014. The BOCC approved
Amendment 1 to the ILA with the City of Marathon for an additional year of funding of the Pigeon
Key Ferry in May 2013. The BOCC approved an ILA with the City of Marathon for participation in
funding the Pigeon Key Ferry in May 2012.
CONTRACT/AGREEMENT CHANGES:
Yes
STAFF RECOMMENDATION: Approval of Amendment 5 to the ILA with the City of Marathon
to increase the reimbursement to the County to 7.5% of the base ferry service (no special events or
overhead costs or charges) or up to $19,143.90, whichever is less, on an annual term beginning July
1, 2019 for three(3) consecutive terms.
DOCUMENTATION:
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C.9
Amendment No. 5 and City of Marathon Resolution
Amendments and Contract- ILA - EXEC -05-2012
FINANCIAL IMPACT:
Effective Date: July 1, 2019
Expiration Date: after (3) consecutive terms
Total Dollar Value of Contract: 19,143.90 (max)
Total Cost to County: $0
Current Year Portion: $4,825.24
Budgeted: Yes
Source of Funds: 125-22527-530490-GN1703-530340
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant: $19,1943.90
County Match: $0
Insurance Required: No
Additional Details:
REVIEWED BY:
Judith Clarke Completed 06/04/2019 8:26 AM
Christine Limbert Completed 06/04/2019 11:50 AM
Budget and Finance Completed 06/04/2019 12:39 PM
Maria Slavik Completed 06/04/2019 12:56 PM
Kathy Peters Completed 06/04/2019 12:56 PM
Board of County Commissioners Pending 06/19/2019 9:00 AM
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C.9.a
Sponsored by: Lindsey
CITY OF MARATHON, FLORIDA
RESOLUTION 2019-4351
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MARATHON, FLORIDA, APPROVING A FIFTH AMENDMENT OF THE
INTER-LOCAL AGREEMENT BETWEEN THE CITY OF MARATHON
AND MONROE COUNTY FOR FUNDING OF FERRY SERVICE TO
PIGEON KEY;AUTHORIZING THE CITY MANAGER TO EXECUTE THE
INTER-LOCAL AGREEMENT AND 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 0
maintains the Old Seven-Mile Bridge from the City of Marathon (City) to Pigeon Key in Monroe 06
County (County); and
WHEREAS,Pigeon Key is presently occupied by the Pigeon Key Foundation,a non-profit
organization devoted to marine education and historic interpretation of the Florida Keys' heritage;
and
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WHEREAS, on the 161" day of May, 2012 the parties executed an Interlocal Agreement LO
(ILA) outlining the City's reimbursement payment for the ferry service to Pigeon Key at a rate of
7.5% for one year of the cost of the contractor invoiced base (routine) ferry service or $18,750,
whichever is less; and
WHEREAS, on the 15t" day of May 2013, the parties executed Amendment 1 to the ILA
extending the funding of the ferry service for another year until June 30, 2014; and
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WHEREAS, on the 22"d day of April,2014,the parties executed Amendment II to the ILA
extending the funding of the ferry service for another year until June 30, 2015; and
WHEREAS, on the 15t"day of May,2015,the parties executed Amendment III to the ILA
extending the funding of the ferry service for three years until June 30, 2018; and
WHEREAS, on the 12t" day of June 2018, the parties executed Amendment IV to the ILA
extending the funding of the ferry service for three years until June 30, 2021; and
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WHEREAS,the FDOT,the County and the Pigeon Key Foundation have obligated partial
funds for three more one year terms of ferry service in order to maintain traffic between the City and
Pigeon Key to permit Pigeon Key Foundation to continue its educational and historic functions;
WHEREAS,Monroe County received a request from the ferry service contractor to increase
the base ferry price,the City's portion to the increase in the base ferry price is 7.5%of the base ferry
service (no special events or overhead costs or charges) up to $19,143.90, whichever is less, on an E
annual term beginning July 1, 2019 for three (3) consecutive terms.
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C.9.a
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 Fifth Amendment to the 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 City Manager is authorized to sign the Amendment and expend budgeted funds on
behalf of the City.
Section 3. This resolution shall take effect immediately upon its adoption. 0
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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
MARATHON, FLORIDA, THIS 14" DAY OF MAY,2019.
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THE CITY OF MARATHON, FLORIDA
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Mayor.Mayor.PWA n Bay°tns
AYES: Cook, Gonzalez, Senmartin, Zieg, Bartus
NOES: None
ABSENT: None
ABSTAIN: None
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ATTEST:
Diane Clavier, City Clerk
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(City Seal) LO
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APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE
AND RELIANCE OF THE CITY OF MARATHON, FLORIDA ONLY: a
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l.')avid igut, City Attom ear
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C.9.a
AMENDMENT 5 TO THE INTERLOCAL AGREEMENT
BETWEEN CITY OF MARATHON AND MONROE COUNTY
THIS AMENDMENT 5 to the INTERLOCAL AGREEMENT(ILA) is entered into this day of
2019 between Monroe County, a political subdivision of the State of Florida (hereafter,the COUNTY)and the City of
Marathon, a municipal corporation organized and existing under the laws of the State of Florida (hereafter,the CITY)
WHEREAS, on the 16th day of May, 2012 the parties executed an ILA outlining reimbursement for the ferry
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service to Pigeon Key at a rate of 7.5%of the cost of the base service or$18,750,whichever is less,for one year; and
WHEREAS, on the 15th day of May,2013 the parties executed Amendment 1 to the ILA extending the funding
of the ferry service for another year until June 30, 2014;and
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WHEREAS,on the 215Y day of May, 2014 the parties executed Amendment 2 to the ILA extending the funding U
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of the ferry service for another year until June 30, 2015; and
WHEREAS,on the 20th day of May, 2015 the parties executed Amendment 3 to the ILA extending the funding
of the ferry service for an additional 3 years until June 30, 2018; and gj
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WHEREAS,on the 20th day of June, 2018 the parties executed Amendment 4 to the ILA extending the funding
of the ferry service for an additional 3 years until June 30, 2021;and
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WHEREAS, Monroe County received a request from the ferry service contractor to increase the base ferry o
price, if the increase is approved by the County,the City agrees to increase their contribution towards the base ferry
price;and
WHEREAS,the City agrees to the increase in the base ferry price:
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NOW THEREFORE, in consideration of the mutual promises contained herein,the COUNTY and the CITY
agree to amend the ILA as follows: U)
1. The City of Marathon will reimburse Monroe County 7.5%of the base ferry service(no special
events or overhead costs or charges) up to$19,143.90,whichever is less,on an annual term M
beginning July 1,2019 for three(3)consecutive terms.
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2. All other terms and conditions of the ILA,as amended,are in effect and remain unchanged.
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BOARD OF COUNTY COMMISSIONERS OF CITY OF MARATHON:
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BY: BY ra 2M
Mayor/Chairperson TITLE.,. +q-Imm"ri 1-1 0
(SEAL)
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Attest:KEVIN MADOK,CLERK (SEAL) U
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BY: ATTEST:
Deputy Clerk
DATE: DATE:
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MONROE COUNTY ATTORNEy z
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CHRIh"TINE LMMERT-BARROWS E
ASSISTANT�01 Y AT',PRNEY
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AMENDMENT 4 TO THE INTERLOCAL AGREEMENT
BETWEEN CITY OF MARATHON AND MONROE COUNTY
THIS AMENDMENT 4 to the INTERLOCAL AGREEMENT(ILA) is entered into this 20th day of June, 2018
between Monroe County, a political subdivision of the State of Florida (hereafter,the COUNTY) and the City of
Marathon, a municipal corporation organized and existing under the laws of the State of Florida (hereafter,the CITY)
WHEREAS, on the 16t" day of May, 2012 the parties executed an ILA outlining reimbursement for the ferry
service to Pigeon Key at a rate of 7.5%of the cost of the base service or$18,750, whichever is less,for one year; and cm
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WHEREAS, on the 15t" day of May, 2013 the parties executed Amendment 1 to the ILA extending the funding
of the ferry service for another year until June 30, 2014; and
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WHEREAS, on the 215T day of May, 2014 the parties executed Amendment 2 to the ILA extending the funding U
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of the ferry service for another year until June 30, 2015; and
WHEREAS, on the 20t" day of May, 2015 the parties executed Amendment 3 to the ILA extending the funding
of the ferry service for an additional 3 years until June 30, 2018; and
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WHEREAS,the Florida Department of Transportation (FDOT),the COUNTY and the Pigeon Key Foundation
have obligated partial funds until October 31, 2021; and
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WHEREAS,the COUNTY and the CITY find the extension of three (3)years of funding for the ferry service
reasonable:
NOW THEREFORE, in consideration of the mutual promises contained herein,the COUNTY and the CITY <
agree to amend the ILA as follows:
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1. Monroe County shall execute a contract with the ferry service provider to provide temporary `O
ferry service to Pigeon Key from the City of Marathon for the term from July 1, 2018 until June U
30, 2019 and renew said contract on an annual basis for the term from July 1, 2019 until June
30, 2020 and for the term from July 1, 2020 until June 30, 2021.
2. The City of Marathon will reimburse Monroe County 7.5%of the base ferry service(no special
events or overhead costs or charges) up to$18,750,whichever is less, on an annual term
beginning July 1, 2018 for three(3) consecutive terms.
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C.9.b
All other terms and conditions of the ILA are in effect and remain unchanged.
BOARD OF COUNTY COMMISSIONERS OF CITY OF MARATHON: >
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MONROE COUN FLORI
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C.9.b
AMENDMENT 3
TO THE INTERLOCAL AGREEMENT
BETWEEN CITY OF MARATHON AND MONROE COUNTY
THUS AMENDMENT 3 to the I NTERLOCAL AGREEMENT(ILA)is entered into this day of 2015 >
between Monroe County,a political subdivision of the State of Florida (hereafter,the COUNTY)and the City of
Marathon, a municipal corporation organized and existing under the laws of the State of Florida (hereafter,the CITY)
WHEREAS,on the 161h day of May, 2012 the parties executed an ILA outlining reimbursement for the ferry
service to Pigeon Key at a rate of 7.5%of the cost of the base service or$18,750,whichever is less,for one year;and
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WHEREAS,on the 15th day of May, 2013 the parties executed Amendment 1 to the ILA extending the funding
of the ferry service for another year until June 30, 2014;and
WHEREAS,on the 215Y day of May, 2014 the parties executed Amendment 2 to the ILA extending the funding
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of the ferry service for another year until June 30, 2015;and t3
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WHEREAS,the Florida Department of Transportation (FDOT),the COUNTY and the Pigeon Key Foundation
have obligated partial funds for three (3) more years of ferry service;and
WHEREAS,the COUNTY and the CITY find the extension of three(3)years of funding for the ferry service
reasonable:
NOW THEREFORE, in consideration of the mutual promises contained herein,the COUNTY and the CITY o
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agree to amend the ILA as follows: o
1. Monroe County shall execute a contract with the ferry service provider to provide temporary
ferry service to Pigeon Key from the City of Marathon for the term from July 1,2015 until June
30,2016 and renew said contract on an annual basis for the term from July 1,2016 until June cv`14
30,2017 and for the term from July 1,2017 until June 30,2018.
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2. The City of Marathon will reimburse Monroe County 7.5%of the base ferry service(no special
events or overhead costs or charges) up to$18,750,whichever is less,on an annual term W
beginning July 1,2015 for three(3)consecutive terms.
All other terms and conditions of the ILA are in effect and remain unchanged.
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BOARD OF COUNTY COMMISSIONERS OF CITY OF MARATHON: t3
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C.9.b
AMENDMENT 2
TO THE INTERLOCAL AGREEMENT >
BETWEEN CITY OF MARATHON AND MONROE COUNTY
THIS AMENDMENT'"2 to the INTERLOCAL AGREEMENT(ILA)is entered into this "��� day of
2014 between Monroe County,a political subdivision of the State of Florida(hereafter,the COUNTY)and the City
of Marathon,a municipal corporation organized and existing under the laws of the State of Florida(hereafter,the
CITY)
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WHEREAS,on the 16`h day of May,2012 the parties executed an ILA outlining reimbursement for the ferry ILL
service to Pigeon Key at a rate of 7.5%of the cost of the base service or$18,750,whichever is less,for one year;
and
WHEREAS,on the 15th day of May,2013 the parties executed Amendment 1 to the ILA extending the U
funding of the ferry service for another year until June 30,2014;and 06
WHEREAS,the Florida Department of Transportation(FDOT),the COUNTY and the Pigeon Key Foundation
have obligated partial funds for one more year of ferry service;and
WHEREAS,the COUNTY and the CITY find the extension of another year of funding for the ferry service
reasonable:
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NOW THEREFORE,in consideration of the mutual promises contained herein,the COUNTY and the CITY eo
agree to amend the ILA as follows:
1. Monroe County shall execute a contract with the ferry service provider to provide
temporary ferry service to Pigeon Key from the City of Marathon for the period from July 1, _
2014 until June 30,2015. cy
2. The City of Marathon will reimburse Monroe County 7.S%of the base ferry service(no
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special events or overhead costs or charges)up to$18,750,whichever is less,for the
additional annual term beginning July 1,2014 U
All other terms and condition of the ILA are in effect and remain unchanged
BOARD OF COUNTY COMMISSIONERS OF CITY OF MARATHON:
MONROE OlNTY,F
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EAVIiLIN CLERK (SEAL)
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MONROE COUNTY ATTORNEY �
I PROVED AS TO FORM:
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CHRISTINE M. LIMBER I-BARROWS
ASS I,0IAN COUNI' ATTORNEY
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�t � � 1 � i (I to into �d of
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o 2013 between Monme Couft a political subdivWan of the State of Florida thereafter,the ") �
and a City of Marathon,a municipal corporation organized and existing under the laws of the State of Florida
(hereafter,er,the,
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on the 16r day of May,2012 the es exacuted an U outlining reimbursement for the ferry
service to Pigeon Key at a rate of 7.5%of the cost of the base sentice or$18,750,whichwer Is less,for oft year; 0
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and
the yr ; Departnwnt of T tis o t (F "O ,the COUPITY and the Pipon Key Foumiation 0
have obtlWed partial funds few one more year of ferry service;and �
the COUNTYand the CITY find the f another year,of fur4rqthe ferry
reason
NOW THMMIM in wnskloration of the mutual prendses contained hereirt,the COUNTY and the CITY �
agree to amerW Ow ILA as a
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contract with the forry service provider to provide LO
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temporary fe"sandee to rr Key from the OV of Marathon far the period fivm July ,
2013 t ,2014.
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. The City of Marathen will rakaburse Mionroe County .8 <
special events or overhead cogs at c, up to$18,750,whichever Is less,for the
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t other terms and condition of the KA are in effect and remain unchaimptl �s
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BOARD OF COUNTY COMMSSIONERS Of CITY
NBRO, OUN:TNY, FLORA
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INTERLQCAL AGREEMENT
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THIS INTL�'RLOCAL AGREEMENI" is entered into as of this )(P day of
between Monroe County, a political subdivision of the State o l"lorida U_
(hereinafter, the C(..rUNTY) and the City ol" Maratlion, a municipal corporation organized and
existing under the laws of the State of Florida(hereinafter, the CITY),.
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WITNESSETI 1:
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WHEREAS, the Florida Department of Transportation (FDOT) has jurisdiction over 0
and maintains the Old Seven-Mile Bridge frorn the City of Marathon to Pigeon Key in the
C'OLNTY; and 0
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WHEREAS, FDOT has deemed the brid9 e structurally unsafe for vehicular traffic and
has closed it, and access, to Pigeon Key is restricted to, water-based methods of transportation;
and
WHEREAS,, Pigeon Key is presently occupied by the Pigeon Key Foundation, a non-
pro-fit organization devoted to marine education and historic interpretation of the Florida Keys'
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heritage; and
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'WHEREAS, in order to maintain traffic between the City of Marathon and Pigeon Key
to permit Pigeon Key Foundation to continue its educational and historic functions, ['DOT has
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agreed to provide partial funding for one more year of temporary ferry service with local agency <
part icipatio n-, and C14
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WIIEREAS, residents ol'and visitors to the City of Marathon visit Pigeon Key, and the LO
City benefits Bona having this attraction in close proxin'lity;
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NOW ,rHEREFORE, in consideration of the mutual promises and conditions contained herein, W
the parties agree as follows.
I Monroe County shall execute a contract with the terry service provider to provide
temporary ferryservice to Pigeon Key from the City of Marathon, for the period fron'l July 1,
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2012 until June 30, 2013. 0
I The City of Marathon will reirnburse the County for 7.5% of the cost of the base ferry
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service (no special events or overhead costs or charges) or $18,750, whichever is less.
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3. The County will submit a copy of the ferry contract to the City upon execution of Lhe
equests for reimbursement wi I be submitted on a monthly basis and will include contract. R. I E
copies of all contractor invoices and evidence of payment by the County.
4, The contract for temporary ferry service will be between the County and its Contractor; E
the City is not a party to the contract.
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5. This Agreement shall become effective Immediately upon execution.
6. In the event of any failure of compliance by either party hereto with any of its material (n
obligations to the other party as provided for herein Such action shall constitute a default under
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this Agreement.
7, Upon any such default, the non-defaulting party shall provide to the defaulting party a
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written Notice ol'such default, which Notice (a ``Default Notice") shall state in reasonable detail
the actions the: defaulting party must take to cure the same. 'rho defaulting party shall cure any E
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such default, within 30 days following the date of the Default Notice. 4-
& Notwithstanding the provisions of this Section, if any such default by the defaulting party
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remains uncured at the conclusion of any specified 30 day cure period, and if the nature of the U
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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,
9 In the event the defaulting party fails to affect any required cure as provided for herein, 0
the def"aUlting party shall be deemed to be in uncured default hereunder, and the non-def4ulting LO
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party shall have the right, but shall not be obligated, upon written Notice to the defaulting party,, z
to terminate this Agreement.
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10, If such Notice is given, this Agreement shall termivale 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 N
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obligations that expressly survive termination. CD
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j j. '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 W
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City, its officers, agents, or employees, harmless from and against any and all liability, damages, W
costs or expenses (including reasonable attorneys' fees, costs, and expenses at both. the trial and, <
appellate levels) arising from, the acts or oinissions of the County or any third party vendor
contracted by the County in connection with this Agreement.
12. Notices. 0
All notices, requests, demands, elections, consents, approvals and other communications
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hereunder must be in writing and addressed as follows, or to an), other address which either
party may designate to the other party by mail:
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If to County: Roman Gastesi, Jr,
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County Administrator
Monroe County
Historic Cato Building 4)
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I 100 Simonton Street
Key West, Florida 33040
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With a cMA_Q: Robert Shillinger, Esq.
Monroe County Attorneys Ofl:ice
P.O. Box 1026
Key West, f1orida 33041-1026
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fttq�(Jty� City of Marathon
9805 Overseas Highway 0
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Marathon, Florida 33050
Attention: City Manager
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With a co o: Stearns Weaver Miller Weissler
Alhadeff& Sitterson, P.A. 0
Museum Tower, Suite 2200 06
150 West Flagler Street
Miami, Florida 33130
Attention: John Herin, ESqr'
Any Notice required by this Agreetnent 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,
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certified mail, ret-urn receipt requested, postage and fees prepaid; hand delivered, or sent by
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overnight delivery service, 0
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13. Attorneys Fees and waiver of jury 'rriall.
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In the event of any litigation arising Out of this Agreement, the prevailing party shall be C14
entitled to recover its attorneys' fees and costs, including the fees and expenses of any Ir-
paralegals, law clerks and legal, assistants, and including fees and expenses charged for
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representation at both the trial and appellate levels.
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In the event of any litigation arising out of this Agreement, each party hereby knowingly, X
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irrevocably, voluntarily and intentionally waives its right to trial by,jury.
14. Governing Law.
This Agreement shall be construed in accordance with and governed by the laws, of the,
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State of Florida. EXCILISiVC, venue for any litigation arising OLA of this Agreement shall be
in Monroe County, Florida, Middle Keys Division off the Circuit Court or the Southern
District of Florida, 'This Agreement is not subject to arbitration. U)
15. Entire Ag�reenieiit/Mod�i�ric;ttioti/Amendment. E
This writing contains the entire Agreement of the parties and supersedes tiny prior oral or E
written represeiltat ions,. No representations were made or relied upon by either party,
other than those that are expressly set forth herein.
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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
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document. >
16. Nonassignability.
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This Agreement shall not be assignable by either party unless Such assignment IS fil-St
approved by both parties.
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17, Severabl lity. (L L
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If atiy term or provision of this Agreeirient shall to any extent be field invalid or
unenforceable, the remainder Of this Agreement shall not be affected thereby, and each
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rernaining term and provision of this Agreement shall be valid and be enforceable to, the U
fullest extent permitted by law. 06
18. Independent Contractor.
The County and its employees, volunteers, agents, vendors and subcontractors shall be
and rernain independent contractor and not agents or employees of the City with respect <
to all of the acts and services performed by and tinder the terms of this Agreement. This
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Agreement shall not in any way be construed to create a partnership, association or any
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other kind ofJoint undertaking, enterprise or venture between the parties. 0
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19. Waiver.
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The failure of either party to this Agreement to object to or to take affirmative action with <
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respect to any conduct of the other which is in violation of the terins of this Agreement shall not be construed as a waiver of the violation or breach, or of"any funtre violation,
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breach or wrongful conduct.
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20. Funding. X
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The parties agree that the City's responsibility under this Agreement is to provide
funding only, which shall not exceed 7.5% of the cost of the base Jerry service (no special
events or overhead costs or charges or $18,750, whichever is less
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21. Survival of Provisions.
Any terms or conditions of either this Agreement that reClUire acts beyond the date of the U)
term of tie Agreement, shall survive termination of the Agreement, shall remain in full
force and effect unless and until the terns or conditions are completed and shall be -fully E
enforceable by either party.
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21 Counterparts.
This Agreement ma be executed in several counterparts, each of which shall be deemed
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an original and such counterparts shall constitute one and the same instrument.
Page 4 cif
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IN WITNESS WHEREOF, the parries hereto have set their hands and sea] [lie. (lay. and
year first written above, �
BOARD t:W C"OUNTY 0.)NIMISSIONER'
N40 ROE COUNTY,Y, FLORIDA �
ayar°/C airpe'kon
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(SEAL)
NTTE" 1 : I AANNY L. KOLIJACeE, CLERK 0
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Deputy Clerk
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A°CTORNE ' C FFIC:d:
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IIIE C"I]rY C)E'1^v1ARA`T'TION, FLORIDA �
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goer errrst It, City Manager Lo
ATTEST:
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Diane Clavier, City Clerk
(City ea])
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APPROVED AS TO FORM AND L:I;GALAI,I`T Y FOR THE USE
AND RELIANCE CIF —11 ITS" C)F A:IZ THON, FLORIDA ONLY: �
BY
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C:,ity Attor ey
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Packet Pg.403
Sponsored by: Hernstadt
crrY OF MARATHON, FLORIDA
RESOUJTION 2012443
A RESOLUTION OF THE CITY COUNCIL OF THE crry OF
MARATHON,FLORIDA,APPROVING AN tNTER-LOCAL AGREEMEN1 U_
BETWEEN THE CITY OF MARATHON AND MONROE CO-UNTY FOR
FUNDING OF FERRY SERVICE TO PIGEON KE'Y; AUTHORIZING THE
CITY MANAGER TO EXECIJE'rHE INTER-LOCAL AGREEMENT AND 0 0
2M
EXPEND BUDGETE D FUNDS ON BEHALF OF THE CITY; AND IL
PROVIDING FOR AN EFFECTIVE DATE 0
WHEREAS, the F'Ioridal)epir(Tiiei-itofTranspoilatioti (FDO'T) Ibis jl.lrisdietiono-%,errind
0
maintains the 01d Seven-Mile Bridge from the City of Marathon-to Pigeon Key in Monroe County; U
and 06
WHEREAS, FDOThas deerned the bridge structurally unsafe, for vehicular traffic and has
closed it, and access to Pigeon Key is restricted to water-based methods of transpoilation", and
WHEREAS,,Pigeon Key is presently occ upied.by the Pigeon Key FoUndati on,as non-profil
organization devoted to marine education and historic interpretation of the Florida Ke-ys' heritage; 0
and LO
0
WHEREAS, in ordei,to maintain traffic between the City of Marathon and Pigeon Key to
perrnit Pigeon Key Foundation to continue its educational and historic functions,FDOT has agreed
to provide partia], funding for one more year of' temporary ferry service with local agency E
participation; and <
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WHEREAS,residents of and visitors to the City of Marathon visit Pigeon Key,and the City C�
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benefits from having this attraction in close proximity to the and
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WHEREAS, the City of Marathon will rein-iburse the COUrny for 7.5% for one year oaf he W
cost of the contractor invoiced base (routii-i,e) ferry service oi- $18,750, whichever is less.
NOW,TnEREFORE, BE IT RESOLVED BY THE CITYCOUNUL OF THE CITY
OF MARATHON, FLORIDA, THAI"':
0
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Section 1. The above recitals are true and correct and incorpo.rated.hereirl.
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Section 2, The Inter-local Agreement ("ILA") between the City,and Monroe County,as
copy of which is attached hereto as Exhibit"A", together with such non-material changes as nlay be E
acceptable to the City Manager and approved as to forin and legality by the City Attorney, is hereby
approved. The City Manager is authorized to sign.the ILA and expend budgeted funds on behalf of E
the City.
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Packet Pg.404
Section 3. This resoh.16011 shall take effect immediately upon its adoption.
PASSED AND APPROVED BY THE CITY' COUNCH., OF TTUE CITY OF
MARATHON, FLOJUDA, THIS24"' DAY OF APRIL, 2012,
THE CITV OF MAR Tp-ON, FLORIDA
0
May'or, Pete Worth' gton ILL
0
AYES` Keating, Rainsay., Snead, Worthington
NOES� None
0
ABSENT: Cinque U
ABSTATN: one
XrTEST:
Diane Claviej,,, City Clerk
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((..'ity Seal)
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Ir-
APPROVED AS TO FORM AND LEG'Al, SUFFICIENCY FOR THE USE Q
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AND RELIAN 'E THE C111"Y MARLATHON, F1'.,ORI.DA ONLY: I
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