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Item N1 N.1 G 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 October 16, 2019 Agenda Item Number: N.1 Agenda Item Summary #6113 BULK ITEM: No DEPARTMENT: BOCC District 4 TIME APPROXIMATE: STAFF CONTACT: Tamara Lamarche(305) 289-6000 9:OOAM AGENDA ITEM WORDING: Approval of revised Inter-local Agreement for the local 50% cost share for Lower Keys Shuttle Services, for a period of ten years, March 1, 2020 through February 28, 2030. The Lower Keys Shuttle completes the County-wide bus service from Marathon to Key West, connecting with the Miami-Dade Express bus service which runs from Homestead to Marathon. ITEM BACKGROUND: The original Inter-local Agreement(ILA) for the local cost share of the Lower Keys Shuttle Service was approved in March 2005, and was renewed in March 2010 to extend it to April 2015. In April 2015, the ILA 1st amendment was approved, extending it to expire in April 2020. The proposed ILA is a ten-year agreement to run from March 1, 2020 to February 28, 2030. Key West proposes adding an extra bus to the service to reduce wait times and enhance convenience for riders. They will be shortening the route to Stock Island at their Transportation facility on Junior College Road, and getting it back out on US faster. Connecting bus service to downtown Key West will be available at the facility. The new shuttle service for the extra 8 hours per day will have a wrapped cost of$114.29 per hour. The additional cost per each entity would have been $25,601 a year for comparative purposes under the current cost share split (see below). Under the current ILA agreement, FDOT pays for half of the service(50%) and the three local governments split the other 50% cost share equally, or 33.33% each. The City of Marathon requested a change in the cost share percentages based on ridership, and after review of ridership data it was determined the cost share percentages could be revised to: Key West 34%, City of Marathon 24%, and Monroe County 42%. The attached cost share chart of current agreement and the proposed revised percentage will provide the actual dollar figures for each entity. It should be noted by the entities involved that the initial first year of the new agreement will be a partial fiscal year, (6 mos.), April to September 2020, and the actual costs will increase proportionally the following year to cover a full fiscal year and should be budgeted appropriately for FY21 ongoing. The Transportation Coordination Committee has reviewed this proposed ILA on September 6, 2019. Packet Pg. 2036 N.1 PREVIOUS RELEVANT BOCC ACTION: Approval of original ILA in March 2005, an extension of the agreement in March 2010 to April 2015, and a 1st amendment to the ILA in March 2015 to April 2020. CONTRACT/AGREEMENT CHANGES: Revised Share Cost Percentages based on Ridership Data STAFF RECOMMENDATION: DOCUMENTATION: ILA - Lower Keys Shuttle - Sept 2019 v2 Lower Keys Shuttle Cost Share Sept 2019 Background & Draft ILA - City of Key West Current ILA LKS historical backup Minutes_9.6.19_Summary FINANCIAL IMPACT: Effective Date: March 1, 2020 Expiration Date: February 28, 2030 Total Dollar Value of Contract: N/A Total Cost to County: $5,242,879 (10 year term of ILA) Current Year Portion: $275,941 (6 mos. FY20, $551,882.00 annually FY 21 through FY30 Budgeted: Yes Source of Funds: CPI: N/A Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: N/A If yes, amount: Grant: County Match: Insurance Required: Yes Additional Details: FDOT pays 50% of cost of LKS, 50% LKS cost split between City of Key West(34%), Monroe County (42%), and City of Marathon 24%) under new ILA. Cost share revised based on ridership data. Additional bus is being added to route to lessen wait time between buses. Note that these costs are based on a partial year (6 mos.), and costs will increase the following fiscal year for a full fiscal year for FY21. REVIEWED BY: Packet Pg. 2037 N.1 David Rice Skipped 09/24/2019 3:22 PM Pedro Mercado Completed 09/30/2019 12:19 PM Bob Shillinger Completed 09/30/2019 12:24 PM Tina Boan Completed 10/01/2019 5:06 PM Risk Management Completed 10/01/2019 6:11 PM Kathy Peters Completed 10/01/2019 6:12 PM Board of County Commissioners Pending 10/16/2019 9:00 AM Packet Pg. 2038 N.1.a LOWER KEYS BUS SERVICE INTERLOCAL AGREEMENT 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 .2 WEST") whose address is 1300 4 ' Street, Key West, FL 33040. as WITNESSETH: WHEREAS,there is an agreement in effect between Mimi-Dade County and a private bus company to provide a limited public transit system between Miami-Dade County and Marathon. 3 WHEREAS, COUNTY is authorized by Florida Statute Section 125.01(1)(1) to provide c public transportation; and 0 WHEREAS, MARATHON and KEY WEST are each authorized by Florida Statute E Section 166.021(1) to provide public transportation; and WHEREAS, the parties desire to allocate the financial share of the public transportation costs in proportion to their jurisdictions ridership; and 0 WHEREAS,KEY WEST currently operates a public transit system and has experience in E 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 continuing public transit between Marathon and Key West, including but not limited to: a) Local residents who could work outside of the immediate vicinity of their residence if public transportation through a commuter bus system was available; 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 form Miami to Key 0 West; d) The need to provide inter-island travel with a commuter us public transit system upon establishment of commercial airline service to Marathon; and e) The considerable number of local residents with leisure time for travel between the keys E 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 transit system between Marathon and Key West, thereby keeping the costs as low as possible to the parties; and Packet Pg. 2039 N.1.a 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 501' 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 50 ' Street, Marathon, to 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 0 for all the parties. The initial route shall include a turn-around stop at 50 'Street,Marathon and 0 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 E E 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 p.m. 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 0 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 N party may agree in writing to changes to the program, including additional bus stops, without requiring further approval by their respective governing bodies. During the term of this Agreement,the parties may have a study conducted periodically 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 Agreement shall continue in force for a term of 10 years commencing as of the 1 sf day of March, 2020 and ending on the 28 ' day of February 2030. 0 b. The parties may extend this agreement upon the 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 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, scheduling, and billing COUNTY and MARATHON for their share of costs pursuant to Paragraph 4. Packet Pg. 2040 N.1.a 4. FUNDING AND PAYMENT. Each party shall pay a percentage of the expenses incurred equal to the past year's ridership share of all stops in their jurisdiction and as required in order to meet the match ratio for Federal and State Grant Assistance Programs. Each year, on the date of this agreements enaction, the parties will reallocate the share of expenses based upon the past years ridership share contingent upon annual appropriation by respective parties. it 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, cancelled checks, and other documentation necessary to support a claim for reimbursement. The application for payment documents to the COUNTY and MARATHON must be presented as a certified statement signed by KEY WEST's Director of Transportation and notarized, declaring that the representation(s)in the invoice are true and correct. 0 KEY WEST may elect to have vendors, and contractors paid through the direct vendor method, 0 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. E as 5. IN-HOUSE RESOURCES AND OUTSOURCE SUPPLIERS. 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. 0 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 MARATHON and COUNTY as allowable by grant funding programs. COUNTY shall include in its Tourist Development N Marketing activities a component of advertising and promotion of the service, particularly to the European and Asian markets. 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 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 0 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 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 the regular office hours or as agreed. 8. RELATIONSHIP OF PARTIES. The parties to the 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 of Packet Pg. 2041 N.1.a volunteers resulting in either bodily or personal injury or property damage to any individual, property or corporation. 9. TAXE S. The parties are not subject to taxes and assessments. 10. INSURANCE. . The parties to this agreement stipulate that each is a state of governmental entity as defined by the 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 Sections 768.28 and Chapter 440, as well as any and all claims within the limitations of Florida Statues arising out of the activities governed by this agreement. 0 0 Each party agrees to keep in full force and effect the required insurance coverage during the term of the Agreement. If the Insurance policies originally purchased which meet the E requirements of this agreement are cancelled, 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. 0 11. RESTRICTIONS ON AGREEMENTS ENTERED PURSUANT TO THIS E AGREEMENT. N 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 employees or applicants for employment or against persons for any other benefit or service under this agreement because of their race, color, religion, sex, sexual- orientation, national origin, or physical or mental handicap where the handicap does not affect of an individual to perform in a position or employment, and to abide by all federal and state law regarding non-discrimination. U) 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 0 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, E brokerage or contingent fee. Contractor acknowledges that it is aware that funding for this agreement is available through KEY WEST,MARATHON and COUNTY and that violation of this paragraph may result in KEY WEST, MARATHON or COUNTY withdrawing funding for the Project Packet Pg. 2042 N.1.a 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 expense 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 .2 judgements (collectively claims) arising directly or indirectly from any negligence or criminal conduct on the part of Contractor in performance of the terms of this 2 agreement. The Contractor shall immediately give notice to COUNTY, MARATHON and KEY WEST of any suit, action or claim related this agreement. U) 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, 0 claims or actions brought by any person or person and from all costs and expenses of 0 litigation brought against the Contractor for such injuries to person or damage to property occurring during the agreement or thereafter that results from performance by E Contractor of the obligations set forth in this agreement. At all times during the term of this agreement and for one year after the 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 0 provided. i. Workers Compensation insurance as required by Florida Statutes ii. Commercial General Liability Insurance with minimum limits of $1,000,000.00 per occurrence for bodily injury, personal injury and property damage iii. 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 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 0 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 E required licenses and permits whether required by federal or state law, or Monroe County or any applicable municipal ordinance. 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 Packet Pg. 2043 N.1.a to these records at the request of KEY WEST, MARATHON, or the COUNTY, the Sate of Florida or authorized agents and representatives of said government bodies. 12. HOLD HARMLESS. COUNTY, as a state agency or subdivision defined in Section 768.28, Florida Statutes, agrees to be fully responsible to the limits set forth in such statute for its own negligent acts or omissions, or intentional tortuous actions, which result in claims or suits against either .2 COUNTY, MARATHON or KEY WEST, and agrees to be liable to the statutory limits for any damages proximately caused by said acts or omissions, or intentional tortious acts. 2 MARATHON, as a political sub-division of the State of Florida, as defined in Section 768.28, Florida Statutes, agrees to be fully responsible to the limits set forth in such statute for its own negligent acts or omissions, or intentional tortuous acts, which result in claims or suits against either the MARATHON, KEY WEST or COUNTY and agrees to be liable to the statutory limits for any damages proximately caused by said acts or omissions, or intentional tortious 0 acts. 0 KEY WEST, as a political sub-division of the State of Florida, as defined in Section 768.28, E Florida Statutes, agrees to be fully responsible to the limits set forth in such statute for its own negligent acts or omissions, or intentional tortuous acts, which result in claims or suits against either the KEY WEST, COUNTY or MARATHON, and agrees to be liable to the statutory limits for any damages proximately caused by said acts or omissions, or intentional tortious 0 acts. E Nothing contained in this Section shall be construed to be a waiver by either party of any N protections under sovereign immunity, Section 768.28 Florida Statutes, or any other similar provision of law. Nothing contained herein shall be construed to be a consent by either party to be sued by third parties in any matter arising out of this or any other Agreement. 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 Sate law, and applicable local ordinance on the grounds of race, color, or national origin. 0 The Parties agree that there will be no discrimination against any person, and it is expressly understood that upon 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 E and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2)The title IX of the Education Amendment of 1972, as amended(20 USC ss. 1681-1683, and 1685-1686),which prohibits discrimination on the basis of sex; 3) Section 504 of Rehabilitation Act of 1973, as amended(20 USC s. 794),which prohibits discrimination on Packet Pg. 2044 N.1.a the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended(42 USC ss, 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 the 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 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and .2 drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 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. 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; (11) Code of Ordinance of the City of Key West Section 38-191 et set and Section 38-260 and (12) any other nondiscrimination provision in any Federal or state 0 statutes which may apply to the parties to, or the subject matter of, the Agreement. 0 14. TERMINATION. E KEY WEST may terminate this agreement at any time upon thirty days notice to the other parties sent by certified mail to 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. 0 15. ASSIGNMENT. No Party may assign this Agreement or assign or subcontract any of its obligations under this N 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 Parties. 16. SUBORDINATION. as 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 the commencement of this Agreement or adopted after that date. 17. GOVERNING LAWSNENUE. a� This Agreement is governed by the laws of the State of Florida and the United States. Venue 0 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 is 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. 0104990 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, from the agreed payments or otherwise recover the full amount of any Packet Pg. 2045 N.1.a fee, commission, percentage, gift or consideration paid to the former COUNTY officer or employee. 19. CONTRUCTION. This Agreement has been carefully reviewed by each of 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 2 following: COUNTY: County Administrator 1100 Simonton Street Key West, FL 33040 0 0 CITY OF MARATHON: City Manager E 10045-55 Overseas Highway Marathon, Florida 33050 CITY OF KEY WEST 0 City Manager P.O. Box 1409 E Key West, Florida 33041 C14 21. FULL UNDERSTANDING. C4 This Agreement is the parties' final mutual understanding. It replaces any earlier agreements or understanding, whether written or oral. This Agreement Cannot be modified or replaced except by another written or signed agreement. THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK U) 3 0 Packet Pg. 2046 N.1.a IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative. (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor Sylvia Murphy Date: w Approved as to form: 3 Assistant County Attorney c 0 (SEAL) CITY OF MARATHON ATTEST: DIANE CLAVIER By: By: Deputy Clerk Mayor John Bartus E Date: cv Approved as to form: cv City Attorney w (SEAL) ATTEST: CHERI SMITH CITY OF KEY WEST By: By: Deputy Clerk Mayor Teri Johnston Date: Approved as to form: City Attorney Packet Pg. 2047 al;;nyg sA9>1 aanno-1 ao;;uawaaJBV Ie301Ja;ul) 60Z;dag aaeyg;soo al;;nyg sAa){aamo-1 :;uauayoe;;d � o � � N Z Ol n d 0. d Y E2 a C1 r � a m u, Y � J t GO � un p�j o 0 0 U a u er e U c n E 4 o Ci E u mu�xn ,r e ©cxe s o en 6t of rS Rr ET W O ra u)r :7 UCA th Qi 'F� uNrK1 tt4 N N' � �N N� k%-7Pf fA fry(9 to E N3 Sfi'69 M M M Q M NV N L 7 7 7 � o 0 u y €i w E H 2 e- I� O o O C q a C O N a E o w N Tra .w� ev uzw � zae zw H d y J VU � WU �' Ai6Y �� un Generic Memo FROM: TO: CC: .2 RE: Request to increase Lower Keys Shuttle service & adjust FY20 public transit allocations. According to the Monroe County Strategic Man survey, traffic and safety came in as the #3 priority across the entire length of the keys. When taken geographically, the middle keys actually ranked traffic and safety second. (n U) The City of Key West has been working diligently on alternative transportation options for our community and has been liaising with partners across the whole US I corridor. At a Transportation Workshop in 2019, 0 representatives from Monroe County, City of Key West. City of Marathon,Village of Islamorada, Overseas -J I lentage Trail State Park, and TDC came together to review variety of subjects as they pertained to the Keys I- traffic, including: FDOT data, South Florida Commuter Services resources, Funding, Tourist travel, r- Commuting, transit, hike routes, school transit, and special, events. At the end of this first workshop, each E participant wrote and ranked their top 5 priorities that the group should work on. Increasing transit frequency 2 and speed was the #I ranked action. Extra Busses: To that end, the City of Key West has proposed the addition of one more Lower Keys Shuttle to 0 the existing service that runs between, Key West and the Holiday Inn in Marathon. This new shuttle would run for an extra 8 hours per day at a wrapped cost of$1 14,29/hour. Service would start by April lsu, 2019, in tirne for the Cow Key Channel work,, This addition would almost double service, bringing the Frequency of the Lower Keys Shuttle from its current average of I bus every 2 hours, to I bus every 1.5 hours. Faster Service: And it will get better still. In the next fiscal year,the City of Key West is planning to reduce e the length or the LKS, putting it back on US I after it drops off on Stock Island. The combination of both 0 initiatives will bring LKS service to one bus every I hour and 9 minutes. Additional Amenities: The City of Key West has also secured a Transportation Alternatives Program Grant from FDOT to increase bike and pedestrian amenities along high use transit stops. Bus shelters, bike racks, bike lockers, water fountains and bike fixit stations will increase The usability of all our stops. This amounts to 71 sites total, ofwhich 12 are in the City of Marathon and 28 are in unincorporated Monroe County. 06 The Lower Keys Shuttle is valuable transportation option to our residents that do not own cars. It's also 0- important to our businesses that rely on those workers. The Sugarloaf Lodge staff relics on the! Lower Keys 0 Shuttle so much that the Lodge changed its shift hours to match the bus schedule. Financing. Under the existing LKS Agreement, FDOT pays for half ofthe service and the three local governments split the remaining 50%three ways, or 33.33%®each. Adding one more bus to the LKS bus E service would cost eacb entity an additional $25,601 if split this way. Requested Changes: At the request of- Marathon, and tentatively agreed to by the other parties, the % split bas been instead altered to reflect the previous year's ridership per jurisdiction. Under this scenario, the City of Key West becomes 34%, the City of'Maralhon becomes 24% and Monroc County becomes 42%. This change would affect not only the additional service but the entire payment agreement. Packet Pg. 2049 Resultant,Costs: The tables below,reflect what the total prices to the entities would be under the existing agreement and what they could be under the requested change: Current Service. bv Current Agreement Current Payrmnt Ratio Current Bence New SeNce Total FDOT 50% Juhsdiction % $ each $ 1,160,400 $ 1,160,400 S 580,200 Key West 33% $ 1,93,400. Monroe 33% $ 193,400 . Marathon 33% $ Expanded Service, by Current Agreement Current P yrnent Ratio, Current Sermce New SeNce Total, FDOT 5011% JuhSdic`fiJ6-n—_— % $ each 1,16-0,400 $ 153,606-j $1—,314,006 $ 657,003 Key West 33% $ 219,,001 Monroe 33% $ 219,001 Marathon 33% $ 0 Expanded Service, by New Ratio Agreement Current Payment Ratio Current Se Sermce Total FDOT Jiirisdiction % $ each $ 1,160 400 153,606 $1,314,006 $ 6570013 Key West 34% $ 223,3811 . Monroe 420% $ 275,941 Marathon 24% $ 0 Difference from Curre nt Agreeirne nt, Ourre nt Service $ % S U) 82,541 43% 4- 0 The City of'ley West respectfully requests that all entities include monies in their respective budgets for the expansion of the Lower Key Shuttle. If your jurisdiction is in agreement to pursue the new Ridership-based payment ratios, please respond as such and we will begin drafting a new Interlocal Agreement to go into effect 10/0 1/19. If you have further questions, please reach out to our Sustainability Coordinator, Alison Higgins at 305-80,9- 3726. ahiggins,(ii3)cityofkeywest-fl.t ov 0 E Packet Pg. 2050 `H F C7 °T Y OF KEY WEST tup:,r (NI`iC:e113r H K:a �aM IC i�RilW 1400(305)'409-3700 To: Ronian Gastesi,County Administrator,Monroe County Chuck Lindsey, City Manager,City of Marathon From Jim Schell,City Mama, City of'Key Wes� U) Cc: Commissioner David Rice„Monroe County Doing Lewis,Growth Management Director,City of Marathon 3 0 Date: 5/24/19 0 Subject Request to increase Lower Keys Shuttle service adjust FY20 public transit allocations. as According to the Monroe County Strategic Plan survey,traffic and safety came in as the#3 priority across the entire length of the keys. When taken geographically,the middle keys actually ranked traffic and safety second. o The City of Key West has been working diligently on alternative transportation options for our community and has been liaising,with partners across the whole US corridor. At a Transportation Workshop in 2018,representatives from Monroe County,City of Key West,City of Marathon., 4) Village of Islamorada,Overseas heritage Trail State mark„and`I DCw came together to review variety of subjects as they pertained to the Keys traffic, including: FDOT data,South Florida Commuter > Services resources,Funding, Tourist travcl,Commuting,transit,hike routes,school transit, and special events. At the end of this first workshop,each participant wrote,and ranked their top 5 o priorities that the group should work.on. Increasing transit frequency and speed was the#1 ranked action. Extra asses:To that end,the City of Key West has proposed the addition of one more Lower Keys Shuttle to the existing service that runs between,Key, West and the lf'oliday Inn in Marathon. This addition would almost double service,bringing the frequency of the Lower Keys Shuttle from its current average of I bus every 2 hours, to 1 bus every 1.5 hours. 06 Faster ervlce: And it will get better still. In the next fiscal year,the City of Key West is Planning to reduce the length of the LKS,putting it back on US 1 after it drops off can Stock Island. The cm combination of both initiatives will firing LKS service to one bus every 1 hour and 9 minutes. cu Additional Am°aides:"Tire City of Key West has also secured a Transportation.Alternatives Program Grant from FDOT°to increase bike and pedestrian amenities along high use transit stops Bus � shelters, bike racks, bike lockers,water fountains and bike fixit stations will increase the usability of all our stops. This amounts to 71 sites total,of which 12 are in the City of Marathon and 28 are in unincorporated Monroe County. The Lower Keys Shuttle is a valuable transportation option to our residents that do not own ears. It's also important to our businesses that rely on those workers. The Sugarloaf Lodge staff relics on the Lower Keys Shuttle so much that the Lodge changed its shift hour to match the bus schedule. A trl, to Ific i.66rc an --aven.0 :^�wr��i°Ly t�'�xx�reta I , "''T'ahnelirle t. Packet Pg. 2051 N.1.c calf 8 ff)C,,B OX 1 409 kx1y"tih"�� Y,IF 1- N �5 P G0; . "oll1h as Financing: Under the existing LKS agreement,F'DO`1"pays for half of the service and the three local it governments split the rernainiug 50%three ways,or 33,33%each, Adding one more bus to the LK bus service would east each entity an additional S58,333. Changes: q tentatively agreed to by the other parties, the% split has bee instead altered to reflect t h previous year" riidership per jurisdiction. Linder this U) nario,the City of Key West becomes 34%,the City of Marathon becomes 2 %and Monroc � County becomes 2%. This change would affect not only the additional smite but the-entire payment ag-rccrztctut. , 3 0 Resultant Costs, The tables below reflect ghat the total prices to the entities would be under the existing agreement and what they could be under the requested changes Current Service, by Current Agreement Current Payment Ratio a Current Service New Service Total f[?4T5[? Jurisdictwn % each 1,Z32,W2 _ _ 1a232 f�82 $ falo 1 Key . West 33V. $ 205,447 ------------ Moniroe 33T`. $ 205,447 Marathon . 33� $ 2tY5,447 Addltio II-errrlce, b Current A reernent Current Payment Ratio Jurisdiction $cad Current Service a Service 'Total t[7T a) $ 1,232,E 2 $ 35Cb, $ 1582,682 $ 791,341 Ke West . 33% $ 263,780 Monroe _33% rullarathcrn 33 $ 263,7J 0 Additional Service,by Proposed Agreement _ Proposed Payment Ratio � Current5ervice rlew5ervice Totai FDOT50949 Jurisdiction each " $ 1,232,682 $ 35{],Ot _$ 1,582,68,21 $ 791, 1 ley 269,056 Monroe t_. % $ 339363 a _ hrtar than 24°4 $ 189,922 06 The City of Key West respectfully requests that all entities include monies in their respective budgets � for the expansi.on of the Dower Key Shuttle. ca If your jurisdiction is in agreement to pursue the new °ders ' -hased payment,ratios,please respondCIO � as such and we will begin drafting a new Intcrlocal Agrecinent to go into effect 10/01/19. as 1f you have flirther questions,please reach out to our Sustainability Coordinator,Alison Higgins at 305- 09-372 . ahi ins( cityofke est-fl.gov � : y to the ('a -66ean — a� eny .y sN r tr rrxc:r�t�rr-e 7 1,11irr�Anh rt. Packet Pg. 2052 N.1.c LOWER KEYS BUS SERVICE Ilti'TERLOCAL AGREEMENT This agreement is made and entered into by Monroe County (`County"), a political subdivision of the State o1 Florida, whose address is 1100 Simonton Street, Key West I•'L 33040, the City of Marathon ("MA,RA"I'llON"�), a municipal corporation of the State of Florida whose address is 1004 -55 Overseas Highway, Marathon, FL 33050" and the City of Key West ("KEY WEST") whose address is 1300 4I" Street, Key West, FL 33040. ^^ WITNESSETII: (n WHEREAS, there is an agreement in effect between Mimi-Dade County and a private bus company to provide a limited public transit system between Miami-Dade (bounty and Marathon. U) WI-IFR1 AS, C"CyL;1NTY is authorized by Section 125,01(l)(1), .S. to provide public transportation; and 3 WIJ Rl~:AS, MARATHON and KEY WEST are each authorized by Section 166.02.1(l),F.S. to provide public o transportation, and Were i's no r-egulmij and WHEREAS there is a desire that the financial share of the public transportation be in ;rc� onion to the ridershi and o 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 to Regulations; and WHEREAS,there are many reasons for implementing continuing public transit between Marathon and Key West, including but not limited to: cs ) Local residents who could work outside of the immediate vicinity of"their residence if public transportation through a commuter bus :system was available-, ) The need for safety by reducing traffic on U.S. Highway 1, the single highway between Marathon and 06 Key West; c) The desire of many travelers„ particularly Europeans as determined by the COl."I'TY%s Touri i 00 Development Council, to use public transit systems to travel form Miami to Key West; � d) The need to provide inter-island travel with a commuter us public transit system upon establishment of commercial airline service to Marathon; and e) "IThe 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 o] State grants to initiate a commuter bus public transit system between Marathon and Key West,thereby keepin the start-up casts as low as possible to the parties, Packet Pg. 2053 N.1.c WHEREAS,`AS, 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 50'h Street, Marathon,. to Key West NOW,THEREFORE, in consideration of the mutual promises and conditions contained herein,the parties agree as follows: 2 I. SCOPE. The parties shall provide a lirnited schedule commuter bus public transit system between it 5O'h Street, Marathon,to Key West[hereinafter"MARATHON KEY WEST TRAANSIS SYSTEM,"), KEY (n 'NEST shall provide the equipment and drivers using its wwn 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 step at 50`h 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 grip in the early morning and one trip near the hour of 5.00 P< to loop around the island of " Key west. Detailed scheduling shall be accomplished by KEY WEST transit staff with approval in writing y COUN"l"Y's Administrator and MARATHON's City Manager. As long as the scheduling and 42 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 E on Marathon and Stock Island, the chief administrative officer of each party many 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 c additional or changed scheduled stops, costs and fares. The parities shall make adjustments to the services and funding to achieve the greatest henefit possible as indicated by the results of the study. U) 0 2. TERM. a. Subject to and upon the terms and conditions set forth herein, this Agreement shall continue in force for a term of 1.0 years commencing as of th...e lm`.......... U f Marcht 2020 and ending on the 2 `h day of February 2030. is 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 reflect in this Agreement c. The parties may extend this agreement upon the expiration of the to herein upon mutual agreement of the parties according to sueb terms and conditions as may be agreed to at the time of CD the extension 0 M co . MANAGEMENT. KEY WEST shall act as the operations manager of the commuter bus 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, scheduling, and billing COLrNTY and MARATHON for their share of costs pursuant to Paragraph 4. 4. FUNDINGAND PAYMENT Eaeh part shall n , one, third ,t�, expenses ;.te,, r,d as required I450 T3( d`5f'11 r--eaeh -par4y Funding in thy' �-c m appropriafie., ti,x _y t,=,, parties: Each party shallw palm.� percentage of the expenses incurred g !gI tc the nest x�4ar r�dersh�n sham of all szca sin their jurisdiction and as rc,gpired...in,ordtr to meet the match Packet Pg. 2054 ratio for Federal and State Grant Assistance Programs. Each �ron the date of this agreements enaction, the parties will reallocate the share of expenses based upon the past years ridership share contingent upon annual appropriation by 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, cancelled checks, and other documentation necessary to support a claim for reimbursement. The application for payment documents to the COUNTY and MARAITION must be presented as a certified 0 — statement signed by KEY WEST's inanager Director of Transportation and notarized, .2 it declaring that representation in the invoice are true and correct. 0 (n 0 KEY WEST may elect to have vendors, and contractors paid through the direct vendor method, upon Z submission of appropriate documentation as outlined above and a specific request that payment be made U) directly to the vendor or contractor rather than to KEY WEST 5. IN-HOUSE RF"SOURCES AND OUTSOURCE SUPPLIERS of MARATHON and COUNTY, COUNTY and MARATHON shall provide reasonable assistance with their own employees and 0 equipment, as well as procurement processes, as requested by KEY WEST, to reduce costs. This may include but not limited to matches with in-kind services for expenses for administrative and/or operational costs under the control of MARATHON and COUNTY as allowable by grant funding programs. TY shall include in Tourist Development Marketing activities a component of advertising and E COUN 0 promotion of the new service, particularly to the European and Asian markets. 6. SIGNAGE. Portable or temporary advertising signs are prohibited. It is expected that permanent signage 0 and signage which includes changing messages using lighting or magnetic letters will be permitted on _J bus(es.). All bus stop signs shall be based on fixed route or demand route service and shall be mounted 2D permanently in approved locations. U) 7. RECORDS — ACCESS AMC) AUDITS. All parties shall maintain adequate and complete records for a 3: period of four years after termination of this Agreement. Fach party, its officers, employees, agents and >% 0 auditors shall have access to the other parties' books, records, and documents, including those of H �e 4- contractors providing MARATON-KEY WEST 'TRANSIT SYSTEM services, related to thi s 0>% Agreement upon request. The access to and inspection of such books, records, and documents by the parties shall occur during the regular office hours or as agreed. 8. RELATION SHIP OF PARTIES. The parties to the Agreement are independent of each other and shall at not time be legally responsible for any negligence on the part of the other parties, their employees, agents a of'volunteers resulting in either bodily or personal injury or property damage to any individual, property 0 or corporation. 0 9. TAXES. The parties are not subject to taxes and assessments. 10. INSURANCE.The parties to this agreement stipulate that each is a state of governmental entity as defined 0 by the Florida Statutes and represents tothe other that it has purchased suitable Public Liability, Ve.hicic 0 E Liability, and Workers' Compensation insurance, or is self-insured, in amounts adequate to respond tc any and all claims under federal or state actions for civil rights violations, which are not limited by Florida Statutes Section 768.29 and Chapter 440, as well as any and all claims within the limitations of Florida Statutes Sections 768.28 and Chapter 440, as well as any and all claims within the limitations of Florida Statues 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 tht Agreement. If the Insurance policies originally purchased which meet the requirements of this agreemeni are cancelled, terminated or reduced in coverage, then the respective party must immediately substitute Packet Pg. 2055 N.1.c 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. RESTRICTIONS ON AGREEMENTS ENTERED D PURSUANT TO THIS AGREEMENT. Kf.°5iY W1.S1 shall include in all contracts funded under this agreement the following terms, a. Anti-discrimination. Contractor agrees that it will not discriminate against employees or applicants_ for employment or against persons for any other benefit or service under this agreement because oftheir race,color,religion.,sex,sexual-orientation,national origin,or physical or mental handicaf a2 where the handicap does not affect of an individual to perform in a position or employment, and � to abide by all federal and state taw regarding non-discrimination. n b. Anti-kickback.. Contractor warrants that no person has been employed or retained to solicit of secure this agreement upon an agreement or understanding for a commission, percentage, brokerage or contingent f`ee, and that no employee or officer of KEY WEST, MA1RA flON, or COUNTY has any interest, financially or otherwise, in contractor. For breach or violation of this � warranty KEY WRIST 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 suc,l' commission, percentage, hrokerage or contingent fee. Conti-actor acknowledges that it is aware 42 that funding for this agreement is available through KEY WEST, MARATH,ON and COUNTY � and that: violation of this paragraph may result in KEY WEST'„ MARATHON or COUNTY E withdrawing funding for the Project c. Hold harmless/indemni fi cation. Contractor acknowledges that this agreement is funded at least W part by Monroe County and the City of Marathon and agrees to indemnify and hold harmless CC)UNTY, MARATI[ON and KEY WESTand 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 expense arising from any factual investigation, discovery of preparation for litigation), and the payment of any and all of the foregoing, or any de;mands, settlements or judgements (collectively claims) arising directly or indirectly from any negligence or criminal conduct on the part of Contractor in performance of the terms of this agreement. The Contractor shall immediately give notice to COUNTY, MARATHON and KEY WEST of any suit, action or claim related this agreement . Insurance. Contractor agrees that it maintains in force as part of the operating expenses of this huffi route extension, a liability insurance; policy which will insurce and indemnify the Contractor, M COUNTY, MARAT'lJON, and KEY WET from any suits, claims or actions brought by any person or person and from all costs and expenses of litigation brought against the Contractor fot such injuries to person 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 time during the term of this agreement and for one year after the acceptance of the project, Contractor 0 shall maintain on file with Kt Y 'W1:5"f° a certificate of the insurance of the carriers showing that the aforesaid insurance policy is in effect, The following coverage's shall be provided. is Workers Compensation insurance as required by Florida Statutes 0 ii. Commercial General Friability Insurance with minimum limits of 1,000,000.00 pet occurrence for bodily in}ury, personal injury and property damage iii. Comprehensive Auto/Vehicle Liability Insurance with minimum limits of 1,000,000.0C combined single limit per occurrence Packet Pg. 2056 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 KjFY 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 02 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. (n 0 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 U) request of KEY WEST, MARAT140N, ,or the COUNTY, the Sate of Florida or authorized agents 0 and representatives of'said government hodies. 0 12. HOLD HARMLESS. To the extent allowed by law, each party shall be responsible for any acts ol -J negligence on the part of its employees, agents, contractors, and subcontractors and shall. defend. 42 indemnify and hold the other parties harmless from all claims arising out of such actions. E To the extent allowed by law, each party shall def6nd, release, discharge, indemnify and hold harmles4 2 the other parties, the mcmberq of their governing boards, officers and employees, agents and contractors, from and against any and all claims, demands, causes of action, tosses, costs and expenses of whatevet type, including investigation, witness costs and expenses, and attorneys" fees and costs that arise out of of 0 are attributable to the activities under this agreement except for those claims, demands, damages. 2 liabilities, actions, causes of action, losses, costs and expenses that are the result of the sole negligence of SE one of the other parties. The purchase of the insurance required tinder this Agreement does not release oi 'U) vitiate any party's obligations under this paragraph. This does not constitute a waiver of any party'� 3D: sovereign immunity rights including but not limited to those expressed in Section 768.28, Florida Statutes, 4- 13. NON-DISCRIMINATION. The parties, each for itself, its personal representatives, sccessors in interest, 0>% 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 providec under Federal and Sate 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 understooe that upon determination by a court of competent jurisdiction that discrimination has occurred, thi Agreement automatically terminates without any further action on the part of any party, effective the data 2 of. the court order. The Parties agree to comply with all Federal and Florida statutes, and all loca' ordinances, as applicable, relating to nondiscrimination. These include but are not limited to. 1) Title VI ofthe Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color of national origin;2)The title IX of the Education Amendment of'1972,as amended(20 USC ss. 1681-1683 E and 1685-1686 , which prohibits discrimination on the basis of sex; 3) Section 504 of Rehabilitation Aci 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 USC ss, 6101-6107) which prohibits discrimination or the basis of age; 5) The Drug Abus Office and 'I"reatment Act of 1972 (PL 92-255), as amended, relatint to the nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse anc Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating tc nondiscrimination on the basis of alcohol abuse or alcoholism; '7) The Public Health Service Act of 1912 ss. 523 and 527 (43 USC ss. 690dd-3 and 290ce-3), as amended, relating to,confidentiality of alcohl anc drug abuse patent records-, 8) Title V111 of the Civil Rights Act of 1968 (42 USC & et seq.), as amended, Packet Pg. 2057 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 the nondiscrimination on the basis of disability; 10 Monroe County Code Ch 13, Art. VI, prohibitinti 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 Ordinance of the City of Key West Section 38-191 et set and Section 38-260 and,(I 2) any, other nondiscrimination provision in any Federal or state statutes which may apply to the parties to, or the subject matter of, the Agreement. 14. TERMINATION. KEY WEST may terminate this agreement at any time upon thirty, days notice to the .2 it other parties sent by certified mail, to addresses of the parties previously stated above. MARATHON and COUNTY may terminate this Agreement at any time upon sixty days notice to other parties. 15. ASSIGN MEN"I'.No Party may assign this Agreement or assignor subcontract any of its obligations and this Agreement other than as specific without the approval of the governing boards of the other Parties, All obligations of this Agreement will extend to and bind the legal represenatitves, successor's and assigns of the all Parties. 0 16, SUBORDINATION. This Agreement is subordinate to the laws and regulations of the United States, the t 01 -ST whether in effect on thecommencemen State of Florida, COI JNTY, MA R ATHON, and KE Y WE this Agreement or adopted after that date. E 0 17. GOVERNING LAWS/VF'NUE. This Agreement is governed by the, laws of the State of Florida and the 2 United States. Venue for any dispute arising under this Agreement,must be in Monroe County, Florida. In <0 the event of any litigation, the prevailing party is entitled to a reasonable attorney's fiec and costs. 0 18. 1"THICS CLAUSE. KEY WEST and MARATHON each warrant that is has not employed, retained ol 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 'u) Ordinance No. 010-1990. For breach or violation of this provision the COUNTY may, in its discretion, 3: from the agreed payments or otherwise recover the full amount of any fee, commission, percentage, gitl or consideration paid to the former COUNTY officer or employee. 4- 0 19. CONTRUCTION, This Agreemend has been carefully reviewed by the parties. Therefore this Agreemeni 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, 06 COUNTY: 0 0 County Administrator 1100 Simonton Street Key West, FL 33040 CITY OF MARATHON: 0 E City Manager 10045-55 Overseas Highway Marathon, Florida 33050 CITY OF KEY WEST City Manager P.O. Box 1409 Key West, Florida 33041 Packet Pg. 2058 21. FULL UNDERSTANDING This Agreement is the parties' final mutual understanding. It replaces any earlier agreements or understanding, whether written or orat, This Agreement Cannot be modified or replaced except by another written or signed agreement, IN WITNESS W1 IEREOF, each pary has caused this Agreement to be executed by its duly authorized representative. (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: OF MONROE COUNTY, FLORIDA .2 it By: u.wBy Clerk Mayor/Chairperson (n Approved for form: Date: County Attorney 0 (SEAL) CITY OF MARAT14ON E ATTEST: By:............ 0 Clerk By: May�..)r Approved for form: Date: City Attorney, 0 irs (SEAL) CITY OF KEY WEST ATTEST: By: By: 06 ..... Mayor ........... Clerk 0 Date: Approved for form: City Attorney, E Packet Pg. 2059 r N.1.d MAR 112015 MONROE COUNTY AT rOANEY' FIRST AMENDMENT TO AGREEMENT' _ N day f �III,b1' 201 d by and between Monroerst Amendment anpolit politicalt is subdivisionof the State of Florida (herein l "County"), the City of Key West, Florida, a municipal corporation (hereinafter the "City") and the City of Marathon,a municipal corporation,(hereinafter"Marathon"). a WITNE'SSETH WHEREAS, COUNTY, CITY and MARATHON entered into an Agreement on the 20 � day of March, 2005,(the"Agreement"),pertaining to the Lower Keys bias Service, and � WHEREAS,the Agreement was set to expire on April 5,2010;and WHEREAS,on March 23,2010,the parties agreed to extend the period of the Agreement to April 5,2015; and WHEREAS, COUNTY, CITY and MARATHON desire to amend the Agreement to � extend the expiration of the Agreement beyond April 5,2015. NOW, THEREFOR , in mutual consideration ofthe benefits conferred upon the parties by the terms of this Amendment, COLNTY, CITY and MARATHON agree to modify the o Agreement as follows: � E CITALS.That the above recitals are true and correct and made a part hereof; CL .CL ca Section I. Paragraph, 2 of the Agreement, pertaining to 'berm, is hereby amended to provide that the term of the Agreement shall terminate on the °O'day of April,2020 . 0 Section 2. Except as modified herein,the Agreement shall remain in full force and effect. U) IN WITNESS WHEREOF",the parties have executed this First Amendment to Agreement on the date;first written above. 1 of2 Packet Pg. 2060 CITY OF KEY WEST, FLORIDA By Crafg CAW,mayor lull Uff i tyCIO U CITY OF MARATHON � 3 0 By ._. Mayer A ST.- ry - lcrk BARD OF COUNTY C'OMIS TONERS CIF I OECOLfNTY,,FL A r � By: Mayor . T FOP E0 A6 Cle,rkDRO J. RCM 0 ,ASSIST Ney rl 2 ot2 Packet Pg. 2061 ORIGINAL RESOLUTION NO. 1 -101 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF KEY WEST, FLORIDA, APPROVING THE ATTACHED FIRSBT AMENDMENT To AGREMERT, TO RXTEND THE I TE'RLO AL AGREEbUM BETWEEN THE CITY OF X Y WEST, MONROE COUNTY AND THE CITY OF MARATHON FOR THE LOWER KEYS SE't13TTLE BUS SERVICE THROUGH APR.IL 4, 20201 PROVIDING I'DR AN EFFECTIVE DATE 888 WHEREAS, In Resolution 05-120 the City Commission, approved an Tnterlocal Agreement between the City of Key West, the City of o Marathon, and Monroe County for the Lower Keys Shuttle Bins Service; r_ 0 and E WHEREAS, in Resolution 10'rv0 the City Commission, along with the City of Marathon and Monroe Country, approved a five-year extension to the term of -the Inter.local Agreement for the Lower Keys Shuttle Bus Services and WHEREAS, in Resolution 2015-14 the, City Council of the City of Marathon, and Monroe County approved the attached First T Amendment to Agreement, which will extend the Lower Keys Shuttle Bus Service through April 4, 2020; and WHEREAS, City stuff recommends approval of the First Amendment to Agreement, to extend the Interlocal Agreement through April 4, 202 ; and � NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF KEY WEST, FLORIDA AS FOLLOWS: Rewhvd MANS page 2 of 2 Ctty'of Kay w4w Dope„al'TrenWrts4ata Packet Pg. 2062 Section 1: That the attached First Amendment to Agreement is hereby approved, to extend Lower Keys Shuttle Bus Service through April 4, 2020. .2 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 U) Commission. Passed and adopted by the City Commission at a meeting held 0 this 17 day of March 2 0 D15. Authenticated by the Presiding Officer and Clerk of the E Commission on 18 day of March 2015. cm 0 Filed with the Clerk on March 18 2015 . 0 Mayor Craig Cates Yes E CL Vice Mayor Mark Rossi Yes Commissioner Teri Johnston yes Commissioner Clayton Lopez Yes .2 Commissioner Billy Wardlow Yes A Commissioner Jimmy Weekley Yes cis Commissioner Tony Yaniz Yes -j C 6iqfe, Ai7m ATT E CHERYL SMITH, 'ITS` CLERK Page 2 of 2 Packet Pg. 2063 Sponsored by.puts CITY OF MARATHON,FLORIDA RESOLUTION 2015-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARATHON,FLORIDA,APPROVING AN EXTENSION TO THE TO THE TERM OF THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF .2 KEY WEST,MONROE COUNTY AND THE CITY OF MARATHON FOR THE LOWER KEYS SHUTTLE BUS SERVICE,FOR A PERIOD OF FIVE (5) YEARS FROM APRIL 5, 2015, THROUGH APRIL 4, 2020; AUTHORIZING THE CITY MANAGER TO EXECUTE THE INTERLOCALcos AGREEMENT ON BEHALF OF THE CITY; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on April 6, 2005, the City of Marathon (the "City'% the City of Key West 0 -j ("Key West"), and Monroe County (the "County"), entered into the Lower Keys Bus Service I.. Interlocal Agreement for the fixed route bus service between the City and Key West (the "Bus 0 Service ILA");and E WHEREAS,on March 23,2010,the City approved an extension through April 5,2015;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 MA for an additional five(5)years 0 until April 4,2020. E NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OFT CITY OF MARATHON,FLORIDA,THAT; Section 1. The above recitals are true and correct and incorporated herein. .2 Section 2. The Bus Service ILA between the City,Key West and the County,a copy of T which is attached as Exhibit"A,"is hereby extended for a period of five years from April 5,2015 through April 4,2020. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED BY THE CITY COUNCIL OFT CITY OF MARATHON,FLORIDA,TIUS 10' DAY OF FEBRUARY,2015. THE CITY OF MARATHON,FLORIDA E MiyVir"Chris BA Packet Pg. 2064 N.1.d AYES: Yra6n&Kelly,Scomartin,Zieg,Bull NOES: None ABSENT: None ABSTAIN: None a ATTEST: Inmaf Diane Clavier,City Clerk (City Seal) 0 APPROVED AS TO FORM LEGALITY FOR THE USE AND RELIANCE OF THE CITY OF MARATHON,FLORIDA ONLY: City Attorney CL a 4j Packet Pg. 2065 RESOLUTION NO. to -20,10 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA., APPROVING AN EXTENSION TO THE TERM OF THE INTERLOCAL AGREEMENT BETWEEN THE 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 it EFFECTIVE DATE. WHEREAS, on April 6, 2005, the, City of Key West ("Key West"),the City of Marathon (the 'Vity"'), and the Monroe County Board of County Commissioners (the "County"), entered into die Lower Keys Bus Service Interkwal Agreernent for the fixed route tw service between the City of Key West and the,City of Marathon(the"Bus Service ILX');and 0 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 0 ILA for art additional five(5)yews; E NOW THEREFORE, HE IT RESOLVED BY THE BOARD OF' COUNTY COMMISSIONERS OF MONROE COUNTT Y,FLORIDA: Section I The above recitals are true and correct and incorporated herein. 0 SgStion 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 offive (5) years fro m- April 6, 2010 to April 5,2,015,, Section 3. This resolution shall take effect imimliately upon its adoption. .2 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, T Florida, at a regular meeting of the Board on the 21 st day of April,2010. cas Mayor Sylvia Murphy Yes Mayor Pro Tee flesther Carruthtn Yes rn tommissioner(-'*'eorge Neugent Yes 0 �issjoarer'Kim Wigington Yes Op rower Mario IN Gennaro Yes OWAAL) BOARD OF COUNTY C04MF,8SI%"VEI@' Athot.- D. NNY L.KOLHAGE,Clerk OF MONROE COUNTY, FLORIDA By(� A By Deputy'Clerk Sylo!( Mur-Phy OV E 0 AS TO 7 Packet Pg. 2066 RESOLUTION NO 050-l2a A ARSOLUTION Or THR CITY COMMISSION OF THE .2 CITY OF KEY WKST, FLORIDA APPROVING THE � ATTACHECD INTERL=AL AGAZEKDM TO ESTABLISR TIM c!5 LOWER KZYS SHUTTLE BUS; PROVIDTNG OEM AN ' CT IVIS E9A" cas BE IT RESOLVED Y THE CITY COMMISSION OF THE CITY OF KEY WEST, U) FLORIDA,, S FOLLOWS: : 3 Section is That the attached Interlocal Agreement A--ng the City of Key West, the 0.ity of Marathon e ( t hereby approved. VC 0 Sectioa 2 That this Resolution a, i ed ,atelyP upon its passage and adoption and � signature of the presiding officer and the Cle � Passed and adopted by the City Oomnissi.ora 91 this 5 day o AR it , 2005. Authenticated by the presiding officer and Clerk of the Commission on rIH. 6 005...� U) Filed with the Clerk A l 6 2005. I y WE Y, MAY09 AET: CHERYL7�t7-T�JT CITY CLEW t,3 CY i DE l0A.00UNTY OF MONROE . cj,,TY 0f KEY WEST s twe o E a b rile in t Ica. vLn day w w . I a CIS Gene Packet Pg. 2067 N.1.d Lower Kcys Bus Service intcriocad City of Key West Original WTIERLoca�. �lat� 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 Z' corporation of the State of Florida whose address is 10045-55 Overseas Highway, 2 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, (n FL 33040. i' ESSET t 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 50t" Street, Marathon; and � 3 WHEREAS, COUNTY is authorized by Section 1.25,01(Z)(1),F.S. to provide o public transportation; and WHEREAS, MARATHON and KEY WEST are each authorized by Section 166.021(i), 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 u 0 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 u WHEREAS, there are many reasons for Implementing public transit between Marathon and Key West, including but not limited to: u a) local residents who could work outside the Immediate vicinity of their residence if public transportation through a commuter bus T system was available; 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 interisland travel with a commuter bus public transit system upon establishment of commercial airline service to the Marathon Airport; 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 E Packet Pg. 2068 Lower Keys Bus Service tnterfocal 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 Interiocal Agreement to ca" out their independent powers; and WHEREAS, the parties desire to provide a public transit system, connecting in with the Miami-Dade to Marathon transit system to serve the Lower Keys from 50y" Street, Marathon, to Key West; U) NOW, THEREFORE, in consideration of the mutual promises and conditions contained herein, the parties agree as follows, 1. SCOPJE. The parties shall provide a limited schedule commuter bus 0 public transit system between 50'h Street, Marathon, and Key West (hereinafter mMARATHON-,KEY WEST TRANSIT SYSTEM"). KEY WEST shall provide the 0 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 50"n Street, Marathon, E 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 tum-around < stop on College Road, Stock Island, they West. The parties shall use their best efforts to schedule at least one trip In the early morning and one trip, near the 0 hour of 5:0,0 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 S 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 requiring further approval by .2 their respective governing bodles. Upon commencement of bus service under this 0 Agreement, the parties shall have a study conducted to further determine the Aa actual use by residents and visitors In order to provide for additional or ehanged 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. Stiblect to and upon the terms and conditions set forth herein, this Ag,regm,ent shall ntl?u In force for a term, of five years, co mend as 00 the _(�_ day of 2005 and ending on the ?� day of 2010. E 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. Packet Pg. 2069 Looker Keys Bus Ser.ice Inwriocal 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 .2 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. IFUNDING 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 cis 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 0 made as follows: 0 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 E 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. 0 KEY WEST may elect to have vendors and contractors paid through the direct vendor method, upon submission of appropriate, documentation as outlined above S and a specific request that payment be made directly to the vendor or contractor CL rather than Ito KEY WEST, S. IN-HOUSE RESOURCES AND OUTSOURCE SUPPLIERS of MARAVION and COUNTY, COUNTY and MARATHON shall provide reasonable assistance with .2 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 :E costs, under the control of MARTHON and COU" as allowable by grant 'funding programs. COUNTY shall Include In Its Tourist Development Marketing, activities a component of advertising and promotion of the new service, particularly to the European market. 6. SIGNAGEI. Portable or temporary advertising signs are prohibited. It is expected that permanent signage and signage which includes changing messages using fighting 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. ca E 7. RECORDS — ACCESS AND AU01TS. All partles, shall maintain adequate and complete records for a period of four years after termination of tWs Agreement. Each party, its officers, employees, agents and aud(tors, shall have access to the other parties' books, records, and documents, including those of Packet Pg. 2070 ............. Lower Keys Bus Service fnterlocal 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. S. 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 individuai, cos property or corporation. 9. TAXES. The parties are not subject to taxes and assessments, cos U) 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 0 any and all claims under federal or state actions for civil rights violations, which 0 are not limited by Florida Statutes Section 768.28 and Chapter 440, as well asany 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 E 0 arising out of the activities governed by this agreement. 2 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 cancel 0led, terminated or _J 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, CL It. RESTRICTIONS ON AGREEMENTS ENTERED PURSUANT TO THIS AGREEMENT. KEY WEST shall Include In all con"M funded under this Agreement the following terms. .2 A. Anti-41scrim(nation. Contractor agrees that it will not discriminate against any T 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 einploymept, and to abide by all federal, and state laws regarding non-discrimination. 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 4i or officer of KEY WEST,,MARATHON, or COUNTY has any interest, financially or E 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 Packet Pg. 2071 Lowrr Kcys Bus Service Uterlacal 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, .2 litigation, causes of action, damages, costs, expenses (including but not limited to fees and expenses arising from any factual investigation, discovery or preparation (n Far 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 (n U) 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 0 any suit, action or claim related this agreement, 0 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 as E 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 0 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 S 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 .2 $1,000,000-00 per occurrence for bodily Injury, personal injury and property &- damage. A :E 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 rile with KEY WEST a certificate of E 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. Packet Pg. 2072 N.1.d Lcmer Keys Bus Service Inierlocal 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. u 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, in 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 ail claims, demands, causes of action, losses, costs and expenses of whatever type, including investigation, witness costs and expenses, and attorneys' fees and o 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 E 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 CD C limited to those expressed in Section 768.28, Florida Statutes_ u 13. N0114-DISCRIMINATION. The parties, each for itself, its personal o 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, u 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 o terminates without any further action on the part of any party, effective the date A of the court order. The Parties agree to comply with all Federal and Florida (n statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title YI of the Civil Rights Act of 19 (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 ss. 1681-1683, and 18 -1686), which prohibits discrimination on the basis of sex; ) Section 504 of the Rehabilitation Act of 1973, as amend (20 USG s. 794), which gj prohibits discrimination on the basis of handicaps; 4) The Age discrimination Act of 1975, as amended (42 USC ss. 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 USC ss. 690dd-3 and 290ee-3), as amended, relating 6 Packet Pg. 2073 . N.1.d Lover Keys Bus Servace Interlaal to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 198 (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 2 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 (n 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. 1S. 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, E 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 CL 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 atto y`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 U) 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- 199+0. 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, 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 mail to the following: 7 Packet Pg. 2074 L,j wer Keys Bus SerNice TylleTiocal COUNTY, CITY OF MARATHON: County Administrator City Manager 1100 Simonton Street 10045-55 Overseas Highway Key West, FL 33()40 Marathon, Florida 33050 CITY OF KEY WEST; .2 it City Manager 0 P.O. Box 1409 (n Key West, Florida 33041 21. FULL UNDERSTANDING, This Agreement is the parties' final mutual (n U) 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 he executed by 0 its duly authorized representative. 0 (SEAL) BOARD OF COUNTY COMMISSIONER$ ATTEST, DANNY l. KOLHAGE, CLERK OF MON UN1 ROE FO -(, FLORID& E A By-, BY: Deputy Clerk Mayor/Chairman Ap,;pro edfor form; Date: 0 orm for y y Attomey (SEAL) CITY OF MARATHON ATTE .2 lay; Ely form ork Mayor Approved form: Date: o CM OF EY WEST r T-rT 3 E mayor ell 4p APP"Wtd'for form: a1 e: Citya Packet Pg. 2075 N.1.e Florida Keys Transportation Coordination Committee Meeting Minutes September 6, 2019 Opening The regular meeting of the Florida Keys Transportation Coordination Committee was called to order at 1:00 p.m. on September 6, 2019 in Marathon by Commissioner David Rice. Present Commissioner David Rice Rod Delostrinos as 3 0 Bruce Halle 0 Tim Staub a� Alison Higgins Janene Sclafani c� 0 Tamara Lamarche E Chery Cioffari E Mary Lou Hoover i Anna Haskins i Lisle Kimmeron U) E Juniata Jones Deb Gillis E Daniel Zieg George Neugent Christina Neal Kimberly Matthews Packet Pg. 2076 N.1.e Chris Sardinas Rita Irwin Arlene Davis Emily Schemper as Justina Gfesser 2 a� Daniel Kruel Norman Wartman Meeting Summary This was the first official meeting of the Florida Keys Transportation Coordination 0 Committee (FKTCC), the following Committee members were present and introduced. 0 Commissioner David Rice, Monroe County, E Commissioner Mary Lou Hoover, Key West Mayor Deb Gillis, Islamorada 0 Mayor Bruce Halle, Layton E Councilmember Daniel Zieg, Marathon E Council Member: Ms. Lisle Kimmeron, Key Colony Beach Commissioner David Rice was nominated by Deb Gillis for Chairperson, Commissioner 1 Rice accepted. The schedule of meetings was discussed; it was decided that meetings will a) 2 be scheduled at each meeting as needed. Alison Higgins presented a draft inter-local agreement and memo. Expansion of the Lower Keys Shuttle (LKS)will cost $153,606, it is proposed in the new inter-local agreement the remaining 50% split not covered by FDOT be split as follows: The County, 42% ($275,941); Marathon, 24% ($157,681); and Key West, 34% ($223, 381). This ratio was derived from ridership of each jurisdiction. It should be noted the proposed inter-local agreement reflects a partial year. Ideas of how to increase ridership and resolve last mile and connection issues were discussed. Justina Gfesser of South Florida Commuter services proposed a visioning exercise hosted by Urbantrans of North America, this exercise will help visualize the future and focus committee goals. A brief Packet Pg. 2077 N.1.e overview of the Overseas Heritage Trail projects and public activities was presented by Chris Sardinas including the East Coast Greenway Alliance that will be completing their 3,000 bike tour from main to Key West in November. Action items: • Committee members review inter-local agreement • LKS frequency 2 • Transportation envision planning � cas Adjournment Meeting was adjourned at 2:45 p.m. by Commissioner David Rice. The next general meeting will be at 1:00 p.m. on October 11, 2019, in Marathon. as Minutes submitted by: Janene Sclafani 0 0 0 i i Packet Pg. 2078