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01/17/1996 Agreement ~annp I. Itolbage BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 BRANCH OffICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 M~MQ.BAH.Q!1M TO: Peter Horton, Director Community Services Division FROM: Isabel C. DeSantis, Deputy Clerk ~.C.~. Date: January 26, 1996 As you know, at the Commissioner's meeting of January 17, 1996, the Board granted approval and authorized execution of an Interlocal Agreement between Monroe County and the City of Key West for transportation services. Attached hereto is a duplicate original of the subject document for return to the City. Should you have any questions concerning this matter, please do not hesitate to contact me. cc: County Attorney County Administrator, w/o document Finance ~ile INTERLOCAL AGREEMENT This Interlocal Agreement is made and entered into by MONROE COUNTY, a political subdivision of the State of Florida, whose address is 5100 College Road, Stock Island, Key West. Florida 33040, (County) and the CITY OF KEY WEST, a municipal c~powtio~hOS~~ _, _.' rl address is 525 Angela Street. Key West. FL 33040, (City). The Agreementis.--a:uthork.ed bp 'P '~ ~ ',::,' Sec. 163.01, Florida Statutes. - ex '.. ... -;:r_, WHEREAS, the County has a fleet of sixteen vehicles in its TranspQrtation PE!lgral'l):~ . . -~ ...... '" , WHEREAS, the County provides transportation within the Ul C ::-:"-) - r~; City limits for the and transportation disadvantaged between the hours of 8:00 a.m. and 5:00 p.m.; and WHEREAS, the City, under federal and state granting agreements, is required to ensure that public transportation is available for the transportation disadvantaged during the hours that it provides public transportation; and WHEREAS, the City provides public transportation from 6:00 a.m. to 10:00 p.m.; and WHEREAS, both parties have determined that it is to the mutual benefit of each party that the County's vehicles equipped for providing transportation to the transportation disadvantaged be available for use by the City; NOW THEREFORE IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES CONTAINED HEREIN, THE COUNTY AND CITY HAVE ENTERED INTO THIS AGREEMENT ON THE TERMS AND CONDITIONS SET FORTH BELOW. 1. TERM. This Agreement shall commence on the date when a fully executed original is filed with the Clerk of the Circuit Court of Monroe County, and shall remain in effect until one party gives to the other party written notification of termination pursuant to and in compliance with paragraph 10 below. 2. SCOPE OF AGREEMENT. County shall provide City with one of the vehicles in its Transportation Program for use between the hours of 6:00 a.m. and 8:00 a.m. and 5:00 p.m. and 10:00 p.m. weekdays, and between 6:00 a.m. and 10:00 p.m. on Saturdays, Sundays. and holidays on which the County does not operate its Transportation Program. County and City may vary the vehicle in use by City if City provides to County , documentation to certify that the vehicle actually used by City is covered under its insurance program. and is fully insured as required in paragraph 7 below. 3. REPORTS. The City shall provide reports, both activity and financial. on forms provided or approved by the County, on a monthly basis. The City shall keep such records as are necessary to document the performance of the Agreement and expenses incurred, and give access to these records at the request of the County, the State of Florida, or authorized agents and representatives of said government bodies. 4. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the terms of this Agreement shall be amended in writing and approved by both parties. 5. COMPLIANCE WITH LAW. In carrying out its obligations under this Agreement. the City shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating transportation provided, and use of vehicles, under the provisions of this Agreement. including those laws now in effect and hereafter adopted. Any violation of said statutes, ordinances, rules or regulations shall constitute a material breach of this Agreement and shall entitle the County to terminate this contract immediately upon delivery of written notice of termination to the City. 6. HOLD HARMLESS AND INDEMNIFICATION. County and City each represents to the other that it carries suitable public liability and property damage insurance, or is self- insured in amounts adequate to cover any claim within the limitations of Section 768.28 arising in connection with this Agreement and will continue to carry such insurance or remain self-insured during the entire term of this Agreement. Each party shall be responsible for any acts of negligence on the part of its agents and employees. Each party shall hold the other party harmless from all claims arising from negligence of its agents, employees and independent contractors in connection with this Agreement. and shall defend the other party against all claims arising out of such negligence of its agents. employees and independent contractors. 7. INSURANCE. The City shall obtain. prior to commencement of use of any vehicle under this Agreement. and maintain throughout the term of this Agreement. liability insurance on the County's vehicle in at least the same amount of coverage that City maintains on its own public transportation vehicles. City further warrants that said insurance coverage shall specifically include Monroe County as an Insured on this insurance coverage. 8. ANTI-DISCRIMINATION. The City agrees that they will not discriminate against any of their employees or applicants for employment or against persons for any benefit or service contemplated under this Agreement because of race. color. religion. sex. national origin. or physical or mental handicap. and to abide by all federal and state laws regarding non-discrimination. 9. NO LOBBYING. The City 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 the County has any interest. financially or otherwise. in City. except for residency or employment within the City limits. For breach or violation of this warranty. the County shall have the right to annul this contract without liability. 10. TERMINATION. Termination shall occur whenever either party gives to the other written notice of termination. delivered in person or by mail to the other party. Termination for breach of any covenants under this Agreement may result in immediate termination upon provision of written notice. County may also terminate the Agreement immediately. notwithstanding the absence of any breach by City. should the County need the vehicle to fully operate its own Transportation Program. Any other termination without cause shall require the written notice to be given at least seven days prior to the effective date of the termination. 11. CONSENT TO JURISDICTION. This Agreement. its performance. and all disputes arising hereunder. shall be governed by the laws of the state of Florida. and both parties agree that the proper venue for any actions shall be in Monroe County. 12. NOTICE. Any written notice to be given to either party under this Agreement or related hereto shall be addressed and delivered as follows: FOR CITY: City Attorney 525 Angela Street Key West. FL 33040 FOR COUNTY: County Attorney 310 Fleming Street Key West. FL 33040 and and Raymond Archer Port and Transit Authority 627 Palm Avenue Key West. FL 33040 Louis LaTorre. Executive Director Social Services Dept. 5100 College Road Key West. FL 33040 13. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof. IN WITNESS WHEREOF. the parties hereto have caused this Agreement to be executed the day and year first above written. BY~C. ~~ Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. FLORIDA By:cS~-F~ Mayor/C irman (SEAL) ATTEST: DANNY L. KOLHAGE. CLERK By: CITY OF KEY WEST By: t~~~ ~ f City Manager