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Item C04 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 16, 2006 Division: Public Works Bulk Item: Yes X No Department: Administration Staff Contact Person: Beth Leto AGENDA ITEM WORDING: Approval of an Amendment to the Interlocal Agreement with the City of Marathon concerning use of the meeting room at the Marathon Government Center for City Council meetings. ITEM BACKGROUND: The City of Marathon has requested a reduction in the annual meeting room usage fee from $25,978.68 to their budgeted amount of $20,000. PREVIOUS RELEVANT BOCC ACTION: Approval of Interlocal Agreement on October 19, 2005. CONTRACT/AGREEMENT CHANGES: Amend Sec. 2 to reduce annual meeting room usage fee from $25,978.68 to $20,000 for the term of October 1, 2005 to September 30, 2006. STAFF RECOMMENDATIONS: Approval. TOT AL COST: N/ A BUDGETED: Yes N/ A No COST TO COUNTY: N/ A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes ~ No AMOUNT PER MONTH Year $20.000 APPROVED BY: County Atty. OMB/Purchasing ~ Risk Management ~ DIVISION DIRECTOR APPROVAL: Dent Pierce DOCUMENTATION: Included Not Required DISPOSITION: AGENDA ITEM E.O.C. E.O.C. Dent Director of Public Works received the statement for the use of the Marathon Government Center in the amount of a 7% cost increase for 2005-2006 usage, or Commission room at the Last year the cost was did not on a or the Board of ahead of time for assistance with my 4/27/2006 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: City of Marathon Contract # Effective Date: 10-1-2005 Expiration Date: 9-30-2006 Contract Purpose/Description: Amendment to ILA w/City of Marathon reducing annual fee for holding City Council meetings at the Marathon Government Center. -- Contract Manager: Beth Leto 4560 Public Works - Stop 1 (Name) (Ext. ) (Department/Stop #) for BOCC meeting on: May 16, 2006 Agenda Deadline: May 2, 2006 CONTRACT COSTS Total Dollar Value of Contract: $REVENUE Budgeted? YesD No D Grant: $ County Match: $ Current Year Portion: Account Code: Estimated Ongoing Costs: (Not included in dollar value above) ADDITIONAL COSTS For: (e.g., maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Division Director Date In 51 ':7'0"-' Changes Needed YesD Nog' YesD Noc:r YesD NoGr YesD NoD Risk Management O. ~./purchaSing County Attorney Comments: Date Out 5 AMENDMENT TO INTERLOCAL AGREEMENT (USE OF THE MEETING ROOM AT THE MARATHON GOVEREMENT CENTER) nus AMENDMENT TO INTERLOCAL AGREEMENT is entered into this 16th day of Mav, 2006, pursuant to Sec. 163.01, F.S., by and between MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040, hereafter County, and the CITY OF MARATHON, a municipal corporation, whose address is 10045-55 Overseas Highway, Marathon, FL 33050, hereaHer City. WHEREAS, on October 19, 2005, the County and the City entered into an Interlocal Agreement for use of the meeting room at the Marathon Government Center; and WHERES, the City has requested a reduction in the annual meeting room usage fee set forth in Section 2 of the October 19,2005, Interlocal Agrecment; NOW, THEREFORE, the Interlocal Agreement between the parties dated October 19, 2005, is hereby amended as follows: Section 1. Section 2 is hereby amended to read as follows: "Section 2. From the date of this agreement, until September 30, 2006, City shall pay the County $20,000.00 in advance for 26 City Council meetings to be held at the Marathon Government Center, televised live (if there is no conflict with a county meeting or hearing), meeting video tapes, and one replay on Channel 76 of each meeting. The City may add three additional meetings to the 26 authorized above without additional charge. If the City holds meeting in excess of 29 during the period of October 1, 2005 through September 30, 2006, and desires that the extra meetings be held at the Marathon Government Center pursuant to this agreement, then the City must pay the County an additional $999.18 for each meeting held. If the City holds less than 23 meetings using the Marathon Government Center, pursuant to this agreement, during the period of October 1, 2005 through September 30, 2006, then the County must refund or credit $999.18 to the City for each meeting less than 23. If this agreement is extended for subsequent years after September 30, 2006, then for each year thereaHer the fec will be adjusted to reflect changes in County costs." Section 2. In all other respects, the Interlocal Agreemcnt bctween the parties datcd October 19,2005, remains full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the date set forth below: (SEAL) A TTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairperson Date: (SEAL) ATTEST: CITY OF MARATHON By: By: City Clerk Mayor Date: MONROE COUNTY ATTORNEY APPROVED AS TO FORM. / ' . <4--n1~A~ SU N M. GRIMS!ky ASSfSTA T COUNTY ATTORNEY -/-(}(; 2 INTERLOCAL AGREEMENT FOR THE USE OF THE MEETING ROOM AT THE MARATHON GOVERNMENT CENTER THIS INTERLOCAL AGREEMENT is entered into pursuant to Sec. 163.01, FS, by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040, hereafter County, and the City of Marathon, a municipal corporation, whose address is 10045-55 Overseas Highway, Marathon, FL 33050, hereafter City. WHEREAS, the County has a meeting room at the Marathon Government Center with the technical facilities to enable meetings to be cablecast; WHEREAS, the County desires to permit the City to use the County meeting room; now therefore IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 0 en u-, 0= .. 0 - (..) - 1.1.1 2: a::: 'CC 0:: ..... 0 l4... . 0 > Lt.J i! ...J i:;: I w <( (!J ~ <(~.....- :::t:r-_ -JO.... o '2:: :c!:!::::;, . 00 -' -0 >-:c..... z-'o zuac: oct z Q 0 b )'Z:. Section 1. a) The County authorizes the City to hold 26 City Council meetings per year (October 1 - September 30) at the Marathon Government Center meeting room with each meeting approximately two weeks apart. The City must coordinate meeting dates with the Facilities Maintenance office so that no County/City schedule overlap occurs. The City will provide a full year's meeting schedule prior to October 1, each year. If a schedule conflict between a City Council meeting and a meeting of the County Commission, County Planning Commission or County Code Enforcement hearing does occur, then the County meeting or hearing will take precedence. The County will televise live the City Council meetings, unless there is a meeting of the County Commission, County Planning Commission, County Code Enforcement hearing or similar organization going on at the same time, and will videotape all City Council meetings. If there is a County meeting or hearing going on, then the City Council meeting will be televised live on Channel 76 as soon as the County meeting or hearing is concluded. If the City Council meeting ends before the County meeting or hearing concludes, then the tape of the City Council meeting will be shown on Channel 76 twice on later dates. c) Except as provided in Sec. 1 (b), the County will replay each City Council meeting tape one time before the next City Council meeting. The City may request a specific time and date for each replay through the Technical Services office who shall accommodate the City's request unless the time requested by the City would conflict with a live telecast of a County meeting o/hearing. d) The County will furnish the City one video tape copy of each City Council meeting. Section 2. From the effective date of this agreement, until September 30, 2006, City shall pay the County $25,978.68 in advance for 26 City Council meetings to be held at the Marathon Government Center, televised live (if there is no conflict with a county meeting or hearing), meeting video tapes, and one replay on Channel 76 of each meeting. The City may add three additional meetings to the 26 authorized above without additional charge. If the City Council holds meetings in excess of 29 during the period of October 1, 2005 through September 30, 2006, and desires that the extra meetings be held at the Marathon Government Center pursuant to this agreement, then the City must pay the County an additional $999.18 for each meeting held. If the City holds less than 23 meetings using the Marathon Government Center, pursuant to this agreement, during the period of October I, 2005 through September 30, 2006, then the County must refund or credit $999.18 to the City for each meeting less than 23. If this agreement is extended for subsequent years after September 30 2006, then for each year thereafter the fee will be adjusted to reflect changes in County costs. Section 3. The term of the Agreement is from October 1, 2005 through September 30, 2006. Section 4. The parties to this agreement stipulate that each is a state governmental agency as defined by Florida Statutes and represents to the other that it has purchases suitable Public Liability, Vehicle Liability, and Workers' Compensation insurance, or is self-insured, in amounts adequate to respond to any and all claims within the limitations of Florida Statute 768.28 and 440, arising out of the activities governed by this agreement. Each party shall be responsible for any acts of negligence on the part of its employees, agents, contractors, and subcontractors and shall defend, indemnify and hold the other party harmless from all claims arising out of such actions. Section 5. This agreement will take effect when executed certified copies are filed in the Office of the Clerk of the Sixteenth Judicial Circuit and in the Office of the Clerk of the City of Marathon, Florida. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the date set forth below. (SEAL) A TTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By L~~ >n ~ Mayor/Chairperson By Q.,o.bJLc .l9u ~A...:t;,J Deputy Clerk Date IC/ICf lo~ Date €-- By City Council Mayor John Bartus Vice Mayor Chris Bull Councilmember Bob Miller Councilmember Marjie Mearns Councilmember Jeff Pinkus City Manaf;!er Michael H. Puto City Attornev Steams Weaver Miller Weissler Albadeff & Sitterson, PA CITY OF MARATHON REGULARLY SCHEDULED CITY COUNCIL MEETINGS 2005/2006 Tuesday Tuesday Tuesday Tuesday Tuesday Tuesday Tuesday Tuesday Tuesday Tuesday Tuesday Tuesday Tuesday Tuesday Tuesday Tuesday Tuesday Tuesday Tuesday Tuesday Tuesday Tuesday Tuesday Tuesday Frazierl 8/23/05 10/11/05 10/25/05 11/08/05 11/22/05 12/13/05 12/27/05 01/10/06 01/24/06 02/14/06 02/28/06 03/14/06 03/28/06 04/11/06 04/25/06 05/09/06 OS/23/06 06/13/06 06/27/06 07/11/06 07/25/06 08/08/06 08/22/06 09/12/06 09/26/06 6:30 p.m. 6:30 p.m. 6:30 p.m. 6:30 p.m. 6:30 p.m. 6:30 p.m. 6:30 p.m. 6:30 p.m. 6:30 p.m. 6:30 p.m. 6:30 p.m. 6:30 p.m. 6:30 p.m. 6:30 p.m. 6:30 p.m. 6:30 p.m. 6:30 p.m. 6:30 p.m. 6:30 p.m. 6:30 p.m. 6:30 p.m. 6:30 p.m. 6:30 p.m. 6:30 p.m. ......U)) 1.,,:;) U.;;J U~;;u(a p.2 u-~ ~~ ;L9 5"'- 3 e:, 72- Date: &/ 21/ oS- REQUEST FOR USE OF COUNTY PROPERTY IN MONROE COUNTY, FLORIDA Name of persons or organization: (I,l,~ ~ fYl 08 rclh I'Y.J.) Address & telephone nutnber: \ N\Ll'S: DWA.OI an ~''',J. ~ Contact pernon & telephone nnmber: (' ~.n<t') 1'<, v~ " " J "'CiS . 1'2 '\ - tj 16 \ Specific County property or meeting room requested: ~\ () ^ (l~A 1W\ c() t; Intended use: (',-leu 1ll:::WI 0Ncl~ C.OUf\ ~d h<. D rtun~ 0:\ 1 tile J \.) , Date(s) needed:~ee-_ o.+-\-a 'k-h~d . Time: From: to Official Monroe County Government Use: Yes No Number of Participants: Brief descriptiOn of event: (\ (-, <: 'Yl oJ 0:' ~ 0 hI"" \ M~. Alcohol consumption/sales? Yes No Use of personal BBQ grill: Yes No )C- . * JJSEOF~TINGROOMSONLY USE OF COIlNTY PROPERTY ONLY Clean up provisions, assurances, and state if any improvements are to be to facility: Special Audio VISUal Equipment Needed: Yes: No: Describe: Coordination with: SheriffDept: Security: Public Works: Public Address System: Yes: No: Previous history of holding similar events: Arrangement of Room Fees are listed on pages $ and 6 of tlJe Policy for Public Facilities, Roads, Bridges, '* G:>un{p Meeting Rooms. Scheduled Date: COUNTY USE ONLY Fees: Insurance /.Hold Harmless Requirements; Approved: Yes_ No By: Remarks: ..sun 1;.j U:::' U::i: U'/a p.3 HOLD H~LESS AGREeMENI This agreement entered into by and between MONROE COUNTY, FLORIDA a political subdivision of the Stote of Florida, herein "COUNTY" and ('/'~:g ',17 t1A ".}t, "-"0 . ho oddr= is It!o 1~-- $, rf).ypA4i.4Q fk~-l- . lrJ"itu.ndt, "" d 'l , 11,'>12 hereinotter "EvENT SPONSoR:" Q , I That for and in consideration of the understanding hereinafter set forth the fJQrties do agree and covenant as follows; 1. That in and for the consideration of permission to use certain public roads or other public property. more particularly described as follows: ~1711/laIJ'J/J"Yi gOt...J. . for the purpose of conducting a ('{ -hy UJIJ /.1'l r I.J! '-;")1 -'1r. event I more particularly descri~d as follows: on the - day of LU.J n.:II-~h /l ,J L1t_dL 20---.,J from am/pm until (Jt11/pm, the EVENT SPONSOR does hereby agree to indemnify the COUNTY in to for any and aU claims or liabilities that m~ ariSe out of the above described event. 2. That, in addition to indemnification described in Paragraph One, the EVENT SPONsOR does hereby agree to hold the COUNlY harmless in all respects concerning the event described in Para9NPh One and will defend any and af! causes of action or claims and will, further, pay the cost of any attorney's fees incurred by the COUNTY arising out of the event described in Paragraph One. By: Of t above C1fId duly authorized to Execute this agreement. State of Florida County of Monroe SUIlSCIU/lEl) AN!> SWORN to (or offirmed before me) on.J1 day of W- zo..b;s: By " b ~~~ rr h ~ ~ .Ma~V1Ev- amtClCt Person), helshe is pet'SOIIo/Iy known 10 Ole or has I ued * ~a\. Cindy L. Ecldunc:l . r ~ . My Commission 002801111 \.,."'" ExplI"N.Jsnua1)' 11, 2003