Loading...
10/16/2019 Agreement Kevin Madok, CPA 40-..� b Clerk of the Circuit Court& Comptroller—Monroe County, Florida DATE: December 6, 2019 TO: Kathy Peters, CP County Attorney's Office FROM: Pamela G. HanceV4D.C. SUBJECT: October 16th BOCC Meeting Enclosed are two duplicate originals of the following item for your handling: N1 Revised Interlocal 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. Should you have any questions, please feel free to contact me at(305) 292-3550. cc: Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 330' 305-294-4641 305-289-6027 305-852-7145 305-852-7145 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 WEST")whose address is 1300 4th Street,Key West,FL 33040. WITNESSETH: o WHEREAS, there is an agreement in effect between Miami-Dade Countycand,a privR bus company to provide a limited public transit system between Miami-Dade :041.my and, o Marathon. 9 c) -0 • s rn WHEREAS, COUNTY is authorized by Florida Statute Section 125.01(1)(1 o proe public transportation; and tv WHEREAS, MARATHON and KEY WEST are each authorized by Florida Statute Section 166.021(1)to provide public transportation; and WHEREAS, the parties desire to allocate the fmancial share of the public transportation costs in proportion to their jurisdictions ridership; and WHEREAS,KEY WEST currently operates a public transit system and 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 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 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 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 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 50th 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 50th 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 for all the parties. The initial route shall include a turn-around stop at 50th 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 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 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 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 1st day of March, 2020 and ending on the 28th day of February 2030. 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. 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. The parties share of expenses for the initial year of this agreement shall be as shown in Exhibit A. 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. KEY WEST may elect to have vendors,and contractors paid through the direct vendor method, 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. 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. 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 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 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 volunteers resulting in either bodily or personal injury or property damage to any individual, property or corporation. 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 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. 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 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. 11. RESTRICTIONS ON AGREEMENTS ENTERED PURSUANT TO THIS AGREEMENT. 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. 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 of KEY WEST,MARATHON,or COUNTY has any interest,fmancially 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, 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 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 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. 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, claims or actions brought by any person or person and from all costs and expenses of 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 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 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 Auto/Vehicle 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 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. 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 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 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. 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 acts. KEY WEST, 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 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 acts. Nothing contained in this Section shall be construed to be a waiver by either party of any 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. 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 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 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 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 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 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. 15.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, successors and assigns of the 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 the commencement of this Agreement or adopted after that date. 17. GOVERNING LAWS/VENUE. This Agreement is governed by the laws of 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 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. 010-1990 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 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 following: COUNTY: County Administrator 1100 Simonton Street Key West, FL 33040 CITY OF MARATHON: City Manager 10045-55 Overseas Highway Marathon, Florida 33050 CITY OF KEY WEST City Manager P.O. Box 1409 Key West, Florida 33041 21.FULL UNDERSTANDING. 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. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by ` - horized representative. p �z ° 3. P c� t a O ,` , BOARD OF COUNTY COMMISSIONERS .;° IN MADOK, CLERK OF NROE COUNTY, FLORIDA ' pit^ TmUN By: (<:P/ge_. Deputy Clerk yor Ir Tem Danny olhage Date: (1c1-41• II', ZO1 9 Approved as to form: NROE COUNTY A ORNEY PPROVED S ORM Assistant County Attorney PE J.MERCA� AS N Date i ( /q (SEAL) CITY OF MARATHON ATTEST: DIANE CLAVIER By: By: City Clerk Ma r Steve Cook Date: 11 -4) 00 • 9-0141 Approved as to f. : (---/." r-/77,t1:11_,-- City A "•rney (SEAL) ATTEST: CHERI SMITH CITY OF KEY WEST By: By: Deputy Clerk Mayor Teri Johnston Date: Approved as to form: City Attorney c r % IN WITNESS WHEREOF, each party has caused this Agreement to be executed by '. ,j d ti. orized representative. 1,1,01 r4RE � ,3{ A if 2¢ BOARD OF COUNTY COMMISSIONERS " � z,KtEV1N MADOK CLERK OF NROE COUNTY FLORIDA Deputy Clerk or P o Tem Danny Kolhage Date: &tr at, IA 24711 Approved as to form: MO E COUNTY ATTORN (U0:. AS 0 . Assistant County Attorney PEDRO J. 1 CAQO ASSIST 1 RNEY Dat 2 (SEAL) CITY OF MARATHON ATTEST: DIANE CLAVIER By: By: Deputy Clerk Mayor John Bartus Date: Approved as to form: City Attorney t ) o , (SE,t, �=_ '!! '�1 �z A ri •,:iii :-..: - .4.1,0 0 b!! CI(V"------Th' OF Y 1 S r "' If -,- :`', '-'..-- ' A / i (. — if Wit.7,- e AJe , .1 '= 'Oray4o ' hnsonTen' Date: /2 /60 , 20/f Approved as to fo • City Attorney • Lower Keys Shuttle Costs EXHIBIT'A. Current Service,by.Current Agreement' Current Pa meet Ratio Cost of Lower Kays Shuttle for B hours per clay=.$114.29 Current.Service' New Service ' Total FDOT 50%• Jurisdiction % $each $ 1,160,400 $ - S1,160.400 S 580;200•Key West • . . 33% S 193,400 LKS•Ridership . Monroe '33% S 193,400 Key West 34% Marathon33% S 193,400' - Monroe , '42%. Marathon. 24% Expanded Service;by Current Agreement Current Payment Ratio ' .Current Service' •.New Service Total ' F.DOT 50% Jurisdiction. % $each $ 1;160,400 $, 153:600 $1,314,006 $ 657,003.Key West 33% S 219,001 Monroe .33% S• 219,001 Marathon 33% S 219:001 Expanded.Service,.by New Ratio Agreement .Current Payment Ratio Difference from Current Agreement,Current Service Current Service , New Service Total -FOOT.50% . Junsdiction % $each S . S 1.160,400 S 153,608 S 1:314;006. iS 657,003 Key West• ' 34%:5• 223.381' • • S. 29,981 . 16% Monroe ' ' 42% $ 275,941 5 82,541 43%.• • Marathon . 24% $ 157,681. S, •(35,719) . -18% • copy Sponsored by: Lindsey CITY OF MARATHON,FLORIDA RESOLUTION 2019-112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARATHON, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN MONROE COUNTY, THE CITY OF MARATHON AND THE CITY OF KEY WEST TO PROVIDE A PUBLIC TRANSIT SYSTEM, CONNECTING WITH THE MIAMI-DADE TO MARATHON TRANSIT SYSTEM, TO SERVE THE LOWER KEYS FROM 50TH STREET, MARATHON, TO KEY WEST; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Marathon (the "City") wishes to enter into an Interlocal Agreement with Monroe County (the "County") and the City of Key West (hereafter "Key West") for the purpose of providing public transportation between the City and Key West; and 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, there already exists an agreement between Miami-Dade County and a private bus company which provides limited public transit between Miami-Dade County and the City; and WHEREAS, the Interlocal Agreement with the County and Key West is in the best interest of all parties for the purposes of providing a continuous system of public transit from Miami-Dade throughout the entirety of the Florida Keys. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARATHON, FLORIDA, THAT: Section 1. The foregoing recitals are true and correct and incorporated herein. Section 2. The Interlocal Agreement (ILA) attached hereto as Exhibit "A", between Monroe County, The City of Marathon and the City of Key West providing a public transit system, connecting with the Miami-Dade to Marathon transit system to serve the Lower Keys from 50th Street, Marathon, to Key West is hereby approved. The Mayor is authorized to sign the ILA on behalf of the City, and the City Manager is authorized to expend budgeted funds on behalf of the City. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MARATHON, FLORIDA, THIS 12 DAY OF NOVEMBER, 2019. THE CITY OF MARATHON Mayor Steven Cook AYES: Bartus, Gonzalez, Senmartin, Zieg, Cook NOES: None ABSENT: None ABSTAIN: None ATTEST: •� o Diane Clavier, City Clerk (City Seal) APPROVED AS TO FORM AND LEGALITY FOR THE USE AND RELIANCE OF THE CITY OF MARATHON,FLORIDA ONLY: Dav'd Migut, ty A rrney RESOLUTION NO. 19-332 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF KEY WEST, FLORIDA, APPROVING THE ATTACHED "LOWER KEYS BUS SERVICE INTERLOCAL AGREEMENT" AMONG KEY WEST, MARATHON AND MONROE COUNTY, TO OPERATE THE LOWER KEYS COMMUTER BUS SERVICE; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, in Resolution 05-120 the City Commission approved an Interlocal Agreement between the City of Key West, the City of Marathon, and Monroe County for the Lower Keys Shuttle Bus Service, and in Resolutions 10-085 and 2015-14 the Lower Keys Shuttle Bus Service was expanded and extended to April, 2020 ; and WHEREAS, City staff recommends approval of the attached "Lower Keys Bus Service Interlocal Agreement" for a term of 10 years, commencing on March 1, 2020, with provisions to renew upon negotiated terms and conditions; and WHEREAS, the attached agreement will supercede and replace the prior agreement when it becomes effective on March 1, 2020; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF KEY WEST, FLORIDA AS FOLLOWS: Page 1 of 2 Section 1: That the attached "Lower Keys Bus Service Interlocal Agreement" among the City of Key West, the City of Marathon and Monroe County is hereby approved. Section 2 : That this Resolution shall go into effect immediately upon its passage and adoption and authentication by the signature of the Presiding Officer and the Clerk of the Commission. Passed and adopted by the City Commission at a meeting held this 6th day of November , 2019 . Authenticated by the Presiding Officer and Clerk of the Commission on 6th day of November , 2019 . Filed with the Clerk on November7 , 2019 . Mayor Teri Johnston Yes Vice Mayor Sam Kaufman Yes Commissioner Gregory Davila Yes Commissioner Mary Lou Hoover Yes Commissioner Clayton Lopez Absent Commissioner Billy Wardlow Yes Commissioner Jimmy Weekley Yes 70,4 TE I JOHNST , MAYOR ATT CHERYL SMITH, C. Y CLERK Page 2 of 2