Item C10 C.10
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County �� � .�� �y,+ ' ?, "tr BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 `_ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys ��� � � Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
July 21, 2021
Agenda Item Number: C.10
Agenda Item Summary #8414
BULK ITEM: Yes DEPARTMENT: Engineering/Roads
TIME APPROXIMATE: STAFF CONTACT: Olympia Newton (305) 292-4521
N/A
AGENDA ITEM WORDING: Approval of Amendment No. 6 to the Interlocal Agreement (ILA)
with the City of Marathon to increase the reimbursement to the County to 7.5% of the base ferry
service (no special events or overhead costs or charges) or up to $24,880.05 (increase of$5,736.15 ),
whichever is less, on a term beginning July 1, 2021 for one (1) year or until the Old Seven Mile
Bridge is re-opened to the public (est. March 2022).
ITEM BACKGROUND:
Monroe County received a request from the ferry service contractor to increase the base ferry price,
the City of Marathon's portion to the increase in the base ferry price is 7.5% of the base ferry service
(no special events or overhead costs or charges)up to $24,880.05, whichever is less, on an annual
term beginning July 1, 2021 for one (1)year or until the Old Seven Mile Bridge is re-opened to the
public (est. March 2022).
PREVIOUS RELEVANT BOCC ACTION:
The BOCC approved Amendment 4 to the ILA for three (3) additional years of funding at 7.5% of
the contract amount or $18,750, whichever is less, per year to fund the Pigeon Key Ferry on an
annual basis commencing on July 1, 2018. The BOCC approved Amendment 3 to the ILA for three
(3) additional years of funding for the Pigeon Key Ferry in May 2015. The BOCC approved
amendment 2 to the ILA for an additional year of funding in May 2014. The BOCC approved
Amendment 1 to the ILA with the City of Marathon for an additional year of funding of the Pigeon
Key Ferry in May 2013. The BOCC approved an ILA with the City of Marathon for participation in
funding the Pigeon Key Ferry in May 2012.The BOCC approved Amendment 5 to the ILA with the
City of Marathon to increase the reimbursement to the County to 7.5% of the base ferry service (no
special events or overhead costs or charges) or up to $19,143.90 (increase of $1,800 per year),
whichever is less, on an annual term beginning July 1, 2019 for three (3) consecutive terms.
CONTRACT/AGREEMENT CHANGES:
Yes
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STAFF RECOMMENDATION: Approval of Amendment No. 6 to the Interlocal Agreement
(ILA) with the City of Marathon to increase the reimbursement to the County to 7.5% of the base
ferry service (no special events or overhead costs or charges) or up to $24,880.05 (increase of
$5,736.15 ), whichever is less, on a term beginning July 1, 2021 for one (1)year or until the Old
Seven Mile Bridge is re-opened to the public (est. March 2022).
DOCUMENTATION:
AMEND 6 - ILA MART -Increase and extend draft 6-14-2021
Amendments and Contract- ILA - EXEC -05-2012
FINANCIAL IMPACT:
Effective Date: July 1, 2021
Expiration Date: June 30, 2022, or until the Olde Seven Mile Bridge is re-opened to the
public (est. March 2022).
Total Dollar Value of Contract: $24,880.05 (max)
Total Cost to County: $0
Current Year Portion: $6,220.02
Budgeted: Yes
Source of Funds: 125-22527-530490-GN1703-530340
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant: $24,880.05
County Match: $0
Insurance Required: No
Additional Details:
REVIEWED BY:
Judith Clarke Completed 06/25/2021 11:18 AM
Christine Limbert Completed 06/25/2021 12:41 PM
Purchasing Completed 06/25/2021 12:42 PM
Budget and Finance Completed 06/30/2021 4:39 PM
Maria Slavik Completed 06/30/2021 5:11 PM
Liz Yongue Completed 07/02/2021 11:30 AM
Board of County Commissioners Pending 07/21/2021 9:00 AM
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AMENDMENT 6 TO THE INTERLOCAL AGREEMENT
BETWEEN CITY OF MARATHON AND MONROE COUNTY
THIS AMENDMENT 6 to the INTERLOCAL AGREEMENT(ILA) is entered into this day of
2021 between Monroe County, a political subdivision of the State of Florida (hereafter, the COUNTY) and the City of
Marathon, a municipal corporation organized and existing under the laws of the State of Florida (hereafter, the CITY)
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WHEREAS,on the 161" day of May, 2012 the parties executed an ILA outlining reimbursement for the ferry —
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service to Pigeon Key at a rate of 7.5%of the cost of the base service or$18,750, whichever is less, for one year; and
WHEREAS,on the 151" day of May, 2013 the parties executed Amendment 1 to the ILA extending the funding
of the ferry service for another year until June 30, 2014; and
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WHEREAS,on the 21"day of May, 2014 the parties executed Amendment 2 to the ILA extending the funding
of the ferry service for another year until June 30, 2015; and
WHEREAS,on the 201" day of May, 2015 the parties executed Amendment 3 to the ILA extending the funding
of the ferry service for an additional 3 years until June 30, 2018; and
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WHEREAS,on the 201" day of June, 2018 the parties executed Amendment 4 to the ILA extending the funding
of the ferry service for an additional 3 years until June 30, 2021; and 0
WHEREAS,on the 191" day of June 2019 the parties executed Amendment 5 to the ILA increasing
reimbursement for the ferry service to Pigeon Key at a rate of 7.5%of the base ferry service (no special events or _
overhead costs or charges) up to $19,143.90, whichever is less, on an annual term beginning July 1, 2019; and
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WHEREAS, Monroe County received a request from the ferry service contractor to increase the base ferry '
price, if the increase is approved by the County, the City agrees to increase their contribution towards the base ferry
price; and
WHEREAS, the City agrees to the increase in the base ferry price:
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NOW THEREFORE, in consideration of the mutual promises contained herein, the COUNTY and the CITY
agree to amend the ILA as follows:
1. The City of Marathon will reimburse Monroe County 7.5%of the base ferry service(no special
events or overhead costs or charges) up to$24,880.05,whichever is less, beginning July 1,2021
for one(1)year or until the Old Seven Mile Bridge is re-opened to the public(est. March 2022).
2. All other terms and conditions of the ILA,as amended,are in effect and remain unchanged.
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BOARD OF COUNTY COMMISSIONERS OF CITY OF MARATHON:
MONROE COUNTY, FLORIDA w
BY: BY:
Mayor/Chairperson TITLE: w
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(SEAL)
Attest: KEVIN MADOK, CLERK (SEAL)
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As Deputy Clerk
DATE: DATE:
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AMENDMENT 5 TO THE INTERLOCAL AGREEMENT
BETWEEN CITY OF MARATHON AND MONROE COUNTY
THIS AMENDMENTS to the INTERLOCAL AGREEMENT(ILA) is entered into this 114& day o
2019 between Monroe County,a political subdivision of the State of Florida (hereafter,the COUNTY) ani tity of
Marathon, a municipal corporation organized and existing under the laws of the State of Florida (hereafter,the CITY)
WHEREAS,on the 16th day of May, 2012 the parties executed an ILA outlining reimbursement for the ferry
service to Pigeon Key at a rate of 7.5%of the cost of the base service or$18,750,whichever is less,for one year;and CL
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WHEREAS,on the 15th day of May,2013 the parties executed Amendment 1 to the ILA extending the funding
of the ferry service for another year until June 30,2014;and
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WHEREAS,on the 21"day of May,2014 the parties executed Amendment 2 to the ILA extending the funding 06
of the ferry service for another year until June 30,2015;and
WHEREAS,on the 20th day of May,2015 the parties executed Amendment 3 to the ILA extending the funding
of the ferry service for an additional 3 years until June 30,2018;and
WHEREAS,on the 20th day of June, 2018 the parties executed Amendment 4 to the ILA extending the funding
of the ferry service for an additional 3 years until June 30,2021;and o
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WHEREAS, Monroe County received a request from the ferry service contractor to increase the base ferry
price, if the increase is approved by the County,the City agrees to increase their contribution towards the base ferry
price;and
WHEREAS,the City agrees to the increase in the base ferry price:
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NOW THEREFORE, in consideration of the mutual promises contained herein,the COUNTY and the CITY LO
agree to amend the ILA as follows:
1. The City of Marathon will reimburse Monroe County 7.5%of the base ferry service(no special
events or overhead costs or charges) up to$19,143.90,whichever is less,on an annual term
beginning July 1,2019 for three(3)consecutive terms.
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2. All other terms and conditions of the ILA,as amended,are in effect and remain unchanged.
BOARD OF COUNTY COMMISSIONERS OF CITY OF MARATHON:
MONROE C NTY, F IDA
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Deputy Clerk
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DATE: q y°I DATE: C ®,
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MONROE COUNTY ATTORNEY
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CHRISTINE LIMBERT-BARROWS
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AMENDMENT 4 TO THE INTERLOCAL AGREEMENT
BETWEEN CITY OF MARATHON AND MONROE COUNTY
THIS AMENDMENT 4 to the INTERLOCAL AGREEMENT(ILA) is entered into this 20th day of June, 2018
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between Monroe County, a political subdivision of the State of Florida (hereafter,the COUNTY) and the City of
Marathon, a municipal corporation organized and existing under the laws of the State of Florida (hereafter,the CITY)
WHEREAS, on the 16t" day of May, 2012 the parties executed an ILA outlining reimbursement for the ferry
service to Pigeon Key at a rate of 7.5%of the cost of the base service or$18,750, whichever is less,for one year; and °'
WHEREAS, on the 15t" day of May, 2013 the parties executed Amendment 1 to the ILA extending the funding
of the ferry service for another year until June 30, 2014; and
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WHEREAS, on the 215T day of May, 2014 the parties executed Amendment 2 to the ILA extending the funding
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of the ferry service for another year until June 30, 2015; and
WHEREAS, on the 20t" day of May, 2015 the parties executed Amendment 3 to the ILA extending the funding
of the ferry service for an additional 3 years until June 30, 2018; and c,
WHEREAS,the Florida Department of Transportation (FDOT),the COUNTY and the Pigeon Key Foundation
have obligated partial funds until October 31, 2021; and
WHEREAS,the COUNTY and the CITY find the extension of three (3)years of funding for the ferry service o
reasonable:
NOW THEREFORE, in consideration of the mutual promises contained herein,the COUNTY and the CITY
agree to amend the ILA as follows:
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1. Monroe County shall execute a contract with the ferry service provider to provide temporary LO
ferry service to Pigeon Key from the City of Marathon for the term from July 1, 2018 until June
30, 2019 and renew said contract on an annual basis for the term from July 1, 2019 until June
30, 2020 and for the term from July 1, 2020 until June 30, 2021. '
2. The City of Marathon will reimburse Monroe County 7.5%of the base ferry service(no special
events or overhead costs or charges) up to$18,750,whichever is less, on an annual term
beginning July 1, 2018 for three(3) consecutive terms.
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All other terms and conditions of the ILA are in effect and remain unchanged.
BOARD OF COUNTY COMMISSIONERS OF CITY OF MARATHON:
MONROE COUNT FLORI
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MONROE COUNTY ATTORNEY
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ASSISTANT C UNTY A"T" ORNEY
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AMENDMENT 3
TO THE INTERLOCAL AGREEMENT
BETWEEN CITY OF MARATHON AND MONROE COUNTY
THIS AMENDMENT 3 to the INTERLOCAL AGREEMENT(ILA)is entered into this O day of 2015 >
between Monroe County,a political subdivision of the State of Florida (hereafter,the COUNTY)and the City of
Marathon, a municipal corporation organized and existing under the laws of the State of Florida (hereafter,the CITY) W
WHEREAS,on the 16th day of May, 2012 the parties executed an ILA outlining reimbursement for the ferry
service to Pigeon Key at a rate of 7.5%of the cost of the base service or$18,750,whichever is less,for one year;and
WHEREAS,on the 15th day of May, 2013 the parties executed Amendment 1 to the ILA extending the funding
of the ferry service for another year until June 30, 2014;and
WHEREAS,on the 215Y day of May, 2014 the parties executed Amendment 2 to the ILA extending the funding
of the ferry service for another year until June 30, 2015;and
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WHEREAS,the Florida Department of Transportation (FDOT),the COUNTY and the Pigeon Key Foundation
have obligated partial funds for three (3) more years of ferry service;and
WHEREAS,the COUNTY and the CITY find the extension of three(3)years of funding for the ferry service
reasonable:
NOW THEREFORE, in consideration of the mutual promises contained herein,the COUNTY and the CITY o
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agree to amend the ILA as follows: o
1. Monroe County shall execute a contract with the ferry service provider to provide temporary
ferry service to Pigeon Key from the City of Marathon for the term from July 1,2015 until June
30,2016 and renew said contract on an annual basis for the term from July 1,2016 until June
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30,2017 and for the term from July 1,2017 until June 30,2018.
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2. The City of Marathon will reimburse Monroe County 7.5%of the base ferry service(no special
events or overhead costs or charges) up to$18,750,whichever is less,on an annual term
beginning July 1,2015 for three(3)consecutive terms.
All other terms and conditions of the ILA are in effect and remain unchanged.
BOARD OF COUNTY COMMISSIONERS OF CITY OF MARATHON:
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} EAVILIN,CLERK (SEAL)
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DATE: tL + 1 DATE: ` ®®
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AMENDMENT 2
TO THE INTERLOCAL AGREEMENT >
BETWEEN CITY OF MARATHON AND MONR_OE_COUNTY
TINTS AMENDMENT 2 to the INTERLOCAL AGREEMENT(ILA)is entered into this _ day of -
2014 between Monroe County,a political subdivision of the State of Florida(hereafter,the COUNTY)and the City
of Marathon,a municipal corporation organized and existing under the laws of the State of Florida(hereafter,the
CITY) 8
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WHEREAS,on the 16`h day of May,2012 the parties executed an ILA outlining reimbursement for the ferry
service to Pigeon Key at a rate of 7.5%of the cost of the base service or$18,750,whichever is less,for one year;
and
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WHEREAS,on the 15th day of May,2013 the parties executed Amendment 1 to the ILA extending the
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funding of the ferry service for another year until June 30,2014;and
WHEREAS,the Florida Department of Transportation(FDOT),the COUNTY and the Pigeon Key Foundation
have obligated partial funds for one more year of ferry service;and
WHEREAS,the COUNTY and the CITY find the extension of another year of funding for the ferry service
reasonable:
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NOW THEREFORE,in consideration of the mutual promises contained herein,the COUNTY and the CITY
agree to amend the ILA as follows: o
1. Monroe County shall execute a contract with the ferry service provider to provide
temporary ferry service to Pigeon Key from the City of Marathon for the period from July 1,
2014 until June 30,2015.
2. The City of Marathon will reimburse Monroe County 7.S%of the base ferry service(no
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special events or overhead costs or charges)up to$18,750,whichever is less,for the ,
additional annual term beginning July 1,2014
All other terms and condition of the ILA are in effect and remain unchanged ,
BOARD OF COUNTY COMMISSIONERS OF CITY OF MARATHON:
MONROE OUNTY,F fIDx s x _
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MONROE COUNTY ATTORNEY
APPROVED AS TO FORM
CHRISTINE M. LIMBER i BARROWS
ASSi51,3 i'Mr 't COUNT'(ATTORNEY
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THIS AMENDMENT 1 to the INTERLOCAL AGREEMENT(11LAI Is entered into this day of
2013 between Monroei subdi44slon of the State of Florida(h er,the U
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and the Cityf Marathon,a municipalcorporation organized and existing under the laws of the State of Florida �
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on the le day of May,2012 the parties executed an ILA outliningreimbursement ; the ferryL
service to Pigeon Key at a rate of 7.5%of the cost of the base service or$18, 50 whkJmer Is less,for one year;
and
WHERM the Florida Department of Transportation(F and the Pigeon Key Foundation
have obligged partial funds for one- ore year of feny service;and 06
WHERIA the COUNTY and the CITY find of another year of finiAng for the ferry
reasonable:
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NOW THINIEFORE,
in consideration of the mutual promises contained i ,the COUNTYand the C17Y
agree to amend the WA s �
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1. Monroe County shall execute a contrm with the ferryct�
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temporary ferry sawke to Pigeon Key from t
2013 until June 30,2014.
2. The Chy of Maradmn will reknburse Monree CounIty7.5 W
overheadspecial events or coft or up to$18,750,whichaver Is less,for the C44
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additional annual torm beginning July 1,2013 c14
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All other terms and condition of the KA are in effect and remain LU
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BOARD OF COUNIN COMMISSIONERS OF CITY OF MARAINOW LU
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Mavort Chairman an . u - " 1.. Lt,
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Deputy Clark
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TNTERLOCAL AGREEMENT
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THIS INTERLOCAL AGREEMENT is entered into as of this t _day of ftlatl
between Monroe County, a political subdivision of the State ot Florida
(hereinafter. the COUNTY) and the City of Marathon, a municipal corporation organized and �
existing under the laws of the State of Florida (hereinafter, the CITY).
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WHEREAS, the Florida Department of Transportation (FDOT) has jurisdiction over
and maintains the Cold Seven Mile Bridge from the City of Marathon to Pigeon Key in the.
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WHEREAS, FDOT has deemed the bridge structurally unsafe for vehicular traffic and
has closed it, and access to Pigeon Ivey is restricted to water-based methods of transportation;
and
WHEREAS, Pigeon Ivey is presently occupied by the Pigeon Key Foundation, a non-
rofit organization devoted to marine education and historic interpretation of the. Florida Keys'
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heritage; and
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WHEREAS, in order to maintain traffic between the City of Marathon and Pigeon Key
to permit pigeon Ivey Foundation to continue its educational and historic functions, F DOT has �
agreed to provide partial funding for one more year of temporary ferry service with local agency
participation; and.
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11E +AS, residents of and visitors to the City of Marathon visit Pigeon Ivey, and the
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City benefits from having this attraction in close proximity;
NOW THEREFORE, in consideration of the mutual promises and conditions contained herein, LU
the parties agree as follows: '
I, Monroe County shall execute a contract with the ferry service provider to provide
temporary ferry service to Pigeon Ivey from the City of Marathon for the period from July 1,
2012 until June 30, 2013. c
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I The City of Marathon will reimburse the County for 7.5% of the cost of the lase ferry
service (no special events or overhead costs or charges) or $1 ,750, whichever is less.
s. The County will submit a copy of the ferry contract to the City upon execution of the
contract. Requests for reimbursement will be submitted on a monthly basis and will include E
copies of all contractor invoices and evidence of payment by the County. i
4. The contract for temporary ferry service will be between the County and its Contractor'. E
the City is not a party to the contract.
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5. This Agreement shall become effective immediately upon execution. �
6. In the event of any failure of compliance by either party hereto with any of its material
obligations to the other- party as provided for herein such action shall constitute a default under �
this Agreement.
T Upon any such default, the non-defaulting party shall provide to the defaulting party a
written Notice of such default, which Notice (a "Default Notice'') shall state in reasonable detailCL
the actions the defaulting party must tape to cure the same, The defaulting party shall cure any
such default, within 30 days following the date of the Default Notice.
8. Notwithstanding the: provisions of this Section, if any such default by the defaulting party
remains uncured at the conclusion of any specified 30 day cure period, and if the nature of the
defaulting party's obligations are such that more than 30 days is required to effect cure, then the
defaulting party shall not be in default hereunder and the iron-defaulting party shall not have the
right to exercise its termination rights granted herein as a result of any such default, if the
defaulting party commences cure within the applicable cure period and thereafter diligently t,
,pursues cure to completion of performance.
. In the event the defaulting party fails to affect any required cure as provided for herein,
the defaulting party shall be deemed to be in uncured default hereunder, and the non-defaulting
party shall have the right, but shall not be obligated, upon written Notice to the defaulting party, c
to terminate this Agreement.
10. If such Notice is given, this Agreement shall terminate on the date set forth in the Notice W
and the parties shall be relieved of all rights and obligations hereunder, except for any rights and
obligations that expressly survive termination.
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11. To the extent permitted by law and subject to the provisions and monetary limitations of
Section 768.2 , Florida. Statutes, the County does hereby agree to defend, indemnify and hold the LU
City, its officers, agents, or employees, harmless from and against any and all liability, darnages,
costs or expenses (including reasonable attorneys' fees, costs, and expenses at both the trial and
appellate levels) arising from the acts or omissions of the County or any third party vendor
contracted by the County in connection witli this Agreement..
12. Notices. c
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All notices, requests, demands, elections, consents, approvals and other communications
hereunder- must be in writing and addressed as follows, or to any other address which either
party may designate to the other party by mail:
If to County: Doman Gastesi, Jr. �
County Administrator
Monroe County
Historic Gato building
1100 Simonton ;Street:
Key, West, Florida 33040
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With a copy to: Robert Shillinger, Esq. Z'
Monroe County Attorney's Office
P.O. Box 1026
Key Vest, 1-Florida 33041-102.6
If to C itv: City of Marathon
9805 Overseas Highway 0
Marathon, Florida 33050CL
Attention: City Manager
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With a cop to. Stearns Weaver Miller Weissler
Alhadeff& Sitterson, P.A. c
Museurn Tower, Suite 2200 06
150 West Flagler Street
Miami, Florida 33130
Attention: John Flerin, Esq.
Any Notice required by this Agreement to be given or made within a specified period of
time, or on or before a elate certain, shall be deemed to have been duly given if sent .by
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certified mail, return receipt requested, postage and fees prepaid; hand delivered; or sent by
overnight delivery service. c
13. Attorneys Fees and Waiver of Jury Trial. �
In the event of any litigation arising out of this Agreement, the prevailing party shall b
entitled to recover its attorneys' fees and casts, including the lees and expenses of any
paralegals, law clerks and legal assistants, and including fees and expenses charged for
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representation at both the trial and appellate levels.
In the event of any litigation arising out of this Agreement, each party hereby knowingly,
irrevocably, voluntarily and intentionally waives its right to trial by Jury.
14. Governing Law.
Phis Agreement shall be construed in accordance with and governed by the laws of the
State of Florida. Exclusive venue for any litigation arising out of this Agreement shall be c,
in Monroe County, Florida, Middle Keys Division of the Circuit Court or the Southern
District of Florida. This Agreement is not subject to arbitration,
15. Entire Agree entf . odificationfA end ent,
This writing contains the entire Agreement of the parties and supersedes any prior oral or
written representations. No representations were made or relied upon by either party, i
other than those that are expressly set forth herein.
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No agent, en-rployee, or other representative of either party is empowered to modify or
amend the terms of this Agreement, unless executed with the same formality as this �
document.
16. Nonassignabiliq,.
This Agreement shall not be assignable by either party unless such assignment is first
approved by bath parties.
17. Severability.
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If any term or provision of this Agreement shall to any extent be Feld invalid or
unenforceable, the remainder of this Agreement shall not be affected thereby, and each
remaining term and provision of this Agreement shall be valid and be enforceable to the
fullest extent permitted by law. 06
18. Independent Contractor.
The County and its employees, volunteers, agents, vendors and subcontractors shall be
and remain independent contractor and not agents or employees of the City with respect
to all of the acts and services performed by and under the terms of this Agreement. This e
Agreement shall not in any way be construed to create a partnership, association or any
other bind of joint undertaking, enterprise or venture between the parties. c
9. Waiver.
The failure of either party to this Agreement to object to or to take affirmative action with
respect to any conduct of the other: which is in violation of the:terms of this Agreement T-
shall not be construed as a waiver of'the violation or breach, or of any fixture violation,
breach or wrongful conduct. LO
2 . Funding.
The parties agree that the City's responsibility under this Agreement is to provide
funding only, which shall not exceed 7.5% of the cost of the base ferry service (no special
events or overhead costs or charges) or $1 ,75f1, whichever-is less 2
21. Survival of Provisions.
Any terms or conditions of either this Agreement that require acts beyond the dale of the N
terra of the Agreement, shall survive termination of the Agreement, shall remain in full
force and effect unless and until the terms or conditions are completed and shall be fully
enforceable by either party.
22. Counterparts. i
This Agreement may be executed in several counterparts, each of which shall be deemed �
an original and such counterparts shall constitute one and the sane instrunnent. �
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IN WITNESS WHEREOF, the parties hereto have set their hands and seal the clay and
year first written above, Z'
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA -
ICY: 0
Mayor/Chan e on —
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(SEAL)
ATTEST: DANNY L. ICOLHAGE, CLERK
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BY:�._.
Deputy Clerk
BY: �
ATT ryS FTI�E
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THE CITY OF MARATHON, FLORIDA
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c ger ernstadt. City Manager
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ATTEST:
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Diane Clavier, City Clerk
(City Seal)
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APPROVED AS TO FORM AND Ll GALALITY FOR THE USE
AND RELIANCE OF H ITY OF MA T ON, FLORIDA ONLY:
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BY:
City Attorki
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Sponsored by: IIer stadt
CITY OF MARATHON, FLORIDA
RESOLUTION I. -
A RESOLUTION OF THE CITY COUNCIL OF THE CITE' OF
MARATHON,FLORIDA,APPROVING AN INTER-LOCAL E E T
BETWEEN THE CITE' OF MARATHON AND MONK E COUNTY FOR �
FUNDING CAE FERRY SERVICE TO PIGEON I AUTHORIZING THE
`IT MAN EI TINTER-LOCALE ECUTE T E REED'E T AND 0
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EXPEND BUDGETED FUNDS ON BEHALF OF THE, CITY; AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the Florida Department of Transportation (FDOT) has jurisdiction over and
maintains the Cold Seven-Mile Bridge from the City of Marathon to pigeon Key in Monroe.County;
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and
WHEREAS,AS, F OT has deemed the bridge structurally unsafe for vehicular traffic and has
closed it, and access to Pigeon Ivey is restricted to water-based methods of transportation; and
WHERE AS, Pigeon Key is presently occupied by the Pigeon Ivey Foundation,a non-profit
organization devoted to marine education and historic interpretation of the Florida Keys' heritage;
and
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WHEREAS, in order to maintain traffic between the City of Marathon and pigeon Ivey to
permit Pigeon Ivey,Foundation to continue its educational and historic.functions, FDOT has agreed
to provide partial funding for one more year of temporary ferry service with local agency
participation; and
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WHEREAS,residents of and visitors to the City of Marathon visit Pigeon Ivey,and the City
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benefits from having this attraction in close proximity to the City and ,
WHERE , the City of Marathon will reimburse the County -for° 7.5% for one year of tile
cost of the contractors invoiced base (routine) ferry service or 18 750, whichever is less. '
NOW,T -IEI�EII+ ICE, BE IT SOLVED BY THE CIT 'C CIL OF THE CITY �
T MARATHON,, FLORIDA, THAT:
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Section 1. The above recitals are true and correct and incorporated .herein.
Section 2. The Inter-local Agreement("ILA.") between the City,and Monroe County,a
copy of which is attached hereto as Exhibit"A" together with such non-material changes as may be
acceptable to the:City Manager and approved as to form and Ie alityJ by the City Attorney, is 11ereby
approved. The City Manager is authorized to sign the ILA and expend budgeted funds on behalf of
the City.
Packet Pg.491
C.10.b
Section 3. This resolution shall tale effect immediately upon its adoption.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITE' OF
MARATHON, FLORIDA, THIS 24`' IAA ' OF AP IL, 2012.
THE CITE' OF MAR T N, FLORIDA
Mayor fete Worthy to71 CL
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AYES: Keating, Ramsay, Snead, Worthington
NOES: None
ABSENT: Cinque
ABSTAIN: None
ATTEST:
Diane Clavier, City Clerk
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(City Seal)
APPROVED ASTO FORM AND I_.I#CAI..1 SUFFICIE NCY FORTHE USE T-
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AND RELIAN E THE CITY 0 , MARATHON, FLORIDA ONLY:
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City Attori Y
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Packet Pg.492