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Item C13BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: _April 18, 2007 Bulk Item: Yes X No Division: Communitv Services Department: Library Staff Contact Person/Phone #: Norma Kula X 7349 AGENDA ITEM WORDING: Approval of a Resolution by the Board of County Commissioners to request that the City of Marathon either commit to the joint project of building a combined Marathon City Hall and a Marathon Branch of the Monroe County Library, as previously agreed to, or to grant suitable land for the Library portion of the project to the County. ITEM BACKGROUND: This project has been under discussion by the City of Marathon and Monroe County for nearly 2 years and an inter -local agreement has been accepted by both parties. PREVIOUS RELEVANT BOCC ACTION: Agenda items from 6/15/2005, 9/21/2005, 1/18/2006, and 3/15/2006 have approved further actions on this project. CONTRACT/AGREEMENT CHANGES: NA STAFF RECOMMENDATIONS: Approval TOTAL COST: BUDGETED: Yes No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: Included Not Required DISPOSITION: Revised 8/06 AGENDA ITEM # Lemorandum To: Monroe County Board of Commissioners From: Norma Kula, Director of Libraries Date: 4/3/2007 Re: BOCC Agenda Item —Approval of Resolution Concerning Marathon Library Project Nearly two years ago, County staff began meeting with staff from the City of Marathon to implement a joint building project —a City Hall for Marathon and a new Marathon Branch Library building for the County. An interlocal agreement was reached by both parties in March 2006, but no further tangible progress has been made. Library staff submitted an application for a State Library Construction Grant in the amount of $ 500,000 to be applied his project. Further delays in determining a construction site could have a negative on the standing of that grant. It is important that a decision on this project be reached as possible. RESOLUTION NO. — 2007 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA REQUESTING THAT THE CITY OF MARATHON EITHER COMMIT TO THE JOINT PROJECT OF BUILDING A COMBINED MARATHON CITY HALL AND A MARATHON BRANCH OF THE MONROE COUNTY LIBRARY, AS PREVIOUSLY AGREED TO, OR GRANT SUITABLE LAND FOR THE LIBRARY PORTION OF THE PROJECT TO THE COUNTY WHEREAS, on June 15, 2005, the Monroe County Board of Commissioners agreed to, and directed staff to, establish a partnership with the City of Marathon, for the building of a new Library facility to better the residents of the area; and WHEREAS, following that direction County and City staff held a number of meetings designed to move forward toward that objective; and WHEREAS, on September 21, 2005, the Board authorized the submission of a grant application to the Florida Department of State, Division of Library of Services, through the 2006 Public Library Construction Grants Program; and WHEREAS, on January 18, 2006, the Board reported progress regarding this joint project; and WHEREAS, on March 15, 2006, approved a Resolution to amend the Resolution of September 21, 2005, to meet specific FY 2006 application requirements; and WHEREAS, since that time the Construction Grant has been submitted; and WHEREAS, the Monroe County Board of Commissioners and the City of Marathon have reached an interlocal agreement relating to this project; and WHEREAS, no further movement toward the implementation of this agreement has taken place; NOW THEREFORE; BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA; That the Monroe County Board of Commissioners request that the City of Marathon either commit to the joint project of building a combined Marathon City Hall and Marathon Branch of the Monroe County Public Library, as previously agreed to, or grant suitable land for the Library portion of that project to the County. 2. This resolution shall become effective immediately upon adoption by the Board of County Commissioners and execution by the Clerk. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of April, A.D., 2007. Mayor Mario DiGennaro Mayor Pro Tern Dixie M. Spehar Commissioner Charles "Sonny" McCoy Commissioner George Neugent Commissioner Sylvia Murphy (Seal) ATTEST: DANNY KOHLAGE, CLERK Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA RIM Mayor Mario DiGennaro MONROE COUNTY ATTO NEY ,ROVED A F UZAN E . HUTTON COUNV NEY Cate 5� `l RESOLUTION NO. 142 - 2006 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF MONROE COUNTY, FLORIDA, AMENDING RESOLUTION NO.359A-2005 AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE FLORIDA DEPARTMENT OF STATE, DIVISION OF LIBRARY SERVICES 2006 PUBLIC LIBRARY CONSTRUCTION GRANTS PROGRAM WHEREAS, the Florida Department of State, Division of Library and Information Services (FDLIS), has announced the Fiscal Year 2006 funding cycle of the Public Library Construction Grants (PLCG) program; and WHEREAS, on September 21, 2005, the Monroe County Board of Commissioners agreed to serve as the coordinating unit of government in the preparation of the grant proposal and in the distribution of funds allocated to Monroe County in the maximum amount under the terms of the grant ($500,000) with an additional dollar -for -dollar match requirement; and WHEREAS, a working partnership committee consisting of Monroe County and City of Marathon officials and staff has met, with concern given to the need for building a new library facility to serve the citizens of Monroe County and City of Marathon, has recommended that an application be submitted to FDLIS by April 1, 2006, for PLCG; and WHEREAS, on September 28, 2005, the Monroe County Board of County Commissioners of Monroe County, Florida, adopted Resolution 359a-2005 to authorize that application be made for the Public Library Construction Grant; and WHEREAS, it is desirable to add assurances as to the project covered by Resolution 359a-2005 to meet FDLIS Fiscal Year 2006 application requirements for PLCG; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that Resolution 329a-2005 shall be amended to read as follows: 1. The Board of County Commissioners concurs with the working partnership committee that grant and other funds should be sought for this important project; 2. The County Administrator is hereby authorized to sign and submit the application packet for the Fiscal Year 2006 grant funds to the Florida Department of Library and Information Services; and that PLCG Marathon 3. The Board of County Commissioners assures that the required match of a dollar -for - dollar of the grant request will be available and unencumbered at the time of grant award; 4. The Board of County Commissioners assures that funding is sufficient and will be available in order that the project will result in a completed library building; 5. The Board of County Commissioners assures that upon completion of the project, sufficient funds will be available to operate the facility; 6. The Board of County Commissioners assures that the building will be used exclusively for the public library purposes for which constructed, and will submit proposed changes tin use to FDLIS for approval if within 20 years of completion of the construction project; and 7. The Board of County Commissioners certifies that the County will enter into an interlocal agreement with the City of Marathon which shall provide for any construction contracts to be awarded in compliance with applicable municipal or county ordinances and applicable State laws, including but not limited to Section 255.20, FS, and Section 287.055, FS. 8. This resolution shall become effective immediately upon adoption by the Board of County commissioners and execution by the Clerk. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County , Florida, at a regular meeting of said Board held on the 15th day of March, 200rh IN -n MC rn Mayor McCoy nz Yes rnr�< 3- ;V CD Mayor Pro Tern Nelson Yes r CD Commissioner Neugent YesMW Commissioner Rice Yes +c, _ mc M Commissioner Spehar Yes n (Seal)` D tTi Monroe County oard f Commissioners O C7 Attes :� By: Clerk of Court Mavar MONROE COUNTY AT AP VED k T rt r ANA TAPu? v:'OR� NEY Date RAM Marathon 2 RESOLUTION NO. 359a - 2006 Admin. Services A RESOLUTION OF THE BOARD OF COMMISSIONERS OF MONROE COUNTY, FLORIDA AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE FLORIDA DEPARTMENT OF STATE, DIVISION OF LIBRARY SERVICES 2006 PUBLIC LIBRARY CONSTRUCTION GRANTS PROGRAM WHEREAS, the Florida Department of State, Division of Library and Information Services will soon announce the Fiscal Year 2006 funding cycle of the Public Library Construction Grants program (PLCG); and WHEREAS, on Septern1w 21, 2005, the Monroe County Board of Commissioners agreed, to serve as the coordinating unit of government in the preparation of the grant proposal and In the distribution of funds allocated to Monroe County in the maximum amount allowed under the terms of the grant (typically M,000) with an additional dollar -for -dollar match requirement. WHEREAS, a working partnership committee consisting of Monroe County and City of Marathon official and staff has met, with concern given to the need for the building of a new library fealty to serve the dti¢ens of the County and the City of Marathon, has recommended an application be submitted in the next round of competition for the PLCG; now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: 1. The Board of County Commissioners concum with the library working partnership committee that gram p.W o't.,or funds should be soyhW t 2. The County Administrator is'--te� hesign and su cket application paltW I funds to the Department of Library. and In oi�mtaoii ervk�es. Division of Lib@end Information Se A�.....:,,,., zho° 3. This resolution shall become effective upon adopthfa Board of County Com "" 6Y the Clerk r' m rV `u:+'? it�wti'J ri'tH� ap PASSED AND ADOPTED by taa� )wd4tGoW -�' -loners of Monroe County, Florida, at a regular meeting of slrld Board held on the ._�s"c�, of September, Zoos Mayor Spehar Yes Mayor Pro Tern McCoy Yes Commissioner Neugent Yee o Commissioner Rice Yee Commissioner Nelson Yes (Seal) Monroe County Boof C isslonersAtte a •, C of court Mayor INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT is entered into as of this �� day of A 2006 between Monroe County, a political subdivision of the State of Florida (hereinafter COUNTY) and the City of Marathon, a municipal corporation organized and existing under the laws of the State of Florida (hereinafter CITY). WITNESSETI-I: WHEREAS, CITY intends to construct a new city hall building of approximately 15,000 square feet to be located on US 1 in the City of Marathon (the "City Hall Building"); WHEREAS, COUNTY desires to construct a new library building of approximately 15,000 square feet within the boundaries of the City of Marathon (the "Library"), but currently has no site for such a building; WHEREAS, CITY has proposed, and COUNTY has agreed, to construct a City Hail Building that will be large enough to include the Library as proposed by the COUNTY; WHEREAS, COUNTY and CITY desire to enter into a joint agreement to provide for the construction of the City Hall Building. NOW THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed between COUNTY and CITY as follows: Section 1. Construction. (a) The CITY agrees that it shall have primary responsibility for the construction of a City Hall Building that includes at least 15,000 square feet for the Library, as well as certain shared common space, mechanical systems and site facilities (the "Project"). The City's responsibilities shall include selection of the site, selection of the planning professionals, selection of all contractors and subcontractors for the actual design and construction of the Project, and general oversight and management of the Project. The COUNTY hereby agrees that, while the COUNTY may provide input on these decisions, the final decisions shall be made by the CITY. (b) Notwithstanding the foregoing, the COUNTY and the CITY agree that the actual build out of the Library space (including furniture, fixtures and equipment) shall be as determined by the COUNTY in its sole discretion and shall be at the COUNTY's sole expense. The actual build out of the City Hall space (including furniture, fixtures and equipment) shall be as determined by the City in its sole discretion and shall be at the CITY's sole expense. The costs of the build out of shared common space, mechanical systems and site facilities shall be shared equally by the CITY and the COUNTY. (c) The CITY and the COUNTY further agree to use their best efforts to negotiate and enter into, prior to the completion of the construction of the Project, an interlocal agreement regarding the operation of the building, the use and maintenance of shared common space, and such other topics regarding the City Hall Building and the Library as may he agreed to by the parties hereto. CADocumem and Settings\ecklundc\Local SettingsWemporary Internet Files\OMEF\Interlocal - Monroe County - City Hall vt white copy.doc 5/ t /2006 8:28:00 AM Section 2. Payment. The COUNTY agrees, subject to Section IN above, to reimburse the CITY for fifty percent (50%) of the design and construction costs of the Project as follows: 2.1 Reimbursement on a monthly basis. 2.2 To receive payment, the CITY on a monthly basis shall submit an invoice to the Director of the COUNTY's Library Department (the "Director"). The invoice must describe the planning, design and construction services performed, together with proof that payment has been made to the CITY'S contractor(s). 2.3 If the invoice is satisfactory to the Director, he/she shall forward the invoice to the County Clerk for payment. If the Director or County Clerk determines that an invoice contains an error or omission, then within ten (10) days of receipt of the invoice, the Director or County Clerk (as appropriate) shall return the invoice to the CITY with a written explanation of the error or omission. If the invoice contains no error or omission, then the COUNTY shall pay the CITY within ten (10) work days of the Director's receipt of the invoice. if the invoice is returned for correction, then the payment must be made within ten (10) days of the date the County official who requested the correction receives the corrected invoice. 2.4 The parties recognize that the CITY will enter into contractual operations with third parties in order to perform the services required by this Agreement and that the COUNTY shall be the funding source for fifty percent (50%) of the CITY's cost of the Project. Accordingly, the County Clerk shall timely process all invoices received from the CITY as provided hereinabove. 2.5 The COUNTY acknowledges that the CITY has already contracted the services of Keith and Schnars, P.A. to prepare the design/build criteria package for purposes of bidding out the Project, and the COUNTY agrees to reimburse the CITY for fifty percent (50%) of the fees and costs associated with such contract. If additional contracts are awarded, the CITY and the COUNTY will share equally in the fees and costs of such contracts subject to annual appropriations by each party. Section 3. Term. 3.1 This Agreement shall become effective upon execution by both parties and shall remain in effect through the final completion of the Project, unless earlier terminated in accordance with Section 5 herein (the "Term"). 3.2 If such Notice of Termination as specified in Section 5 is given, this Agreement shall tentunate within five (5) days thereof, and following such five day period, the parties shall be relieved of all rights and obligations hereunder, except for any rights and obligations that expressly survive termination. lnterlocal - Library Marathon City Hall sh3-01.doc 3/1/2006 1:52:00 FM 2 Section 4. Subcontracts. 4.1 In performing the construction of the Project as contemplated by this Agreement, the parties recognize that the CITY may subcontract with a third party(ies) to provide the actual design and construction services. 4.2 Any third party contracts entered into between the CITY and any third party vendor shall not create any privity between the COUNTY and the third party, nor shall any third party vendor be considered a third party beneficiary of the rights of the CITY under this Agreement. 4.3 The CITY shall be responsible for any violations of applicable state, federal, County or City laws, rules or regulations made by the CITY's vendor(s) in performing any services contemplated in this Agreement. 4.4 Any contracts with any subcontractors entered into by the CITY shall include provisions for indemnification, insurance and customer service standards matching those provisions in this Agreement. Section 5. Termination and Default. 5.1 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. 5.2 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 detail the actions the defaulting party must take to cure the same. 5.3 The defaulting party shall cure any such default, within 30 days following the date of the Default Notice. 5.4 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 non -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 pursues cure to completion of performance. 5.5 In the event the defaulting party fails to effect 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, to terminate this Agreement. fnterlocal • Library Marathon City Nall shMi.doc 3/1/2006 1:32:00 PM 3 5.6 If such Notice is given, this Agreement shall terminate on the date set forth in the Notice and the parties shall be relieved of all rights and obligations hereunder, except for any rights and obligations that expressly survive termination. Section 6. indemnification. 6.1 To the extent permitted by law and subject to the provisions and monetary limitations of Section 768.28, Florida Statutes, the COUNTY does hereby agree to defend, indemnify and hold the CITY harmless from and against any and all liability, damages, 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, its officials, agents or employees, in connection with this Agreement. 6.2 To the extent permitted by law and subject to the provisions and monetary limitations of Section 768.28, Florida Statutes, the CITY does hereby agree to defend, indemnify and hold the COUNTY, its officers, agents, or employees, harmless from and against any and all liability, damages, 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 CITY or any third party vendor contracted by the CITY in connection with this Agreement. Section 7. Notices. 7.1 All notices, requests, demands, elections, consents, approvals and other communications hereunder must be in writing (each such, a "Notice") and addressed as follows (or to any other address which either party may designate by Notice): If to County: Mr. Thomas J. Willi County Administrator Monroe County Gato Building 1100 Simonton Street, Suite 2-205 Key West, Florida 33040 With a copy to: County Attorney PO Box 1026 Key West, Florida 33041 If to City: Mike Puto City Manager City of Marathon l 1045-55 Overseas Highway Marathon, Florida 33050 lnterlocal - Library Marathon City Hall sh3-01.doc 3/ 1 /2006 1:52:OO FM 4 With a copy to: John Herin, Esq. City Attorney Stearns Weaver Miller Weissler Alhadeff& Sitterson, P.A. 150 West Flagler Street, Suite 2200 Miami, Florida 33130 Any Notice required by this greement to be given or made within a specified period of time, or on or before a date certain, g�e ll be deemed to have been duly given if sent by certified mail, return receipt requested, post and fees prepaid; hand delivered; facsimile; confirmed electronic delivery; or sent by overnilp delivery service. Section 8. Insurance. &I The CITY and COUI TY agree to insure or self -insure their respective interests in connection with personal injury, death and personal property damage to the extent each deems necessaryor appropriate. 8.2 The CITY shall r quire any subcontractor performing work during the construction of the C ty Hall Building to maintain throughout the duration of such construction the foll wing insurance: 8.2.1 Commercial �eneral liability in the amount of $1,000,000 per occurrence for bodily injury and property damage. This policy must include coverage for contractual li bility and specifically cover the indemnity set forth in this Agreement. The CITY must be named as an additional insured on this policy. 8.2.2 Automobile a d marine liability in the amount of $1,000,000 per occurrence for bodily injury and property damage, covering all vehicles owned, leased or used by th� subcontractor as part of the construction. The CITY must be named as an additional insured on this policy. 8.2.3 Workers compensation and employer's liability, as required by Florida Statutes. 8.2.4 All companies providing insurance shall be authorized to do business in the State of Florida and rated B+:VI or better by Besfs Key Rating Guild, latest edition. 8.2.5 No change or cancellation of this insurance shall be made without 30 days prior written notice to the City. 8.3 The CITY shall req ire any subcontractor to name the COUNTY as an additional insured on any polies. Interlocal - Library Marathon City Hall sh3-01.doc 3/ 1 /2006 1:52:00 FM Section 9. Regulatory Powerrs. 9.1 Nothing contained herein shall be construed as waiving either party's regulatory approval or enforcement rights or obligations as it may relate to regulations of general applicability, may govern the Agreement. 9.2 Nothing herein shall be deemed to create an affirmative duty of either party to abrogate its soverei right to exercise its police powers and governmental powers by approvin or disapproving or taking any other action in accordance with ordinances, rule$ and regulations, federal laws and regulations and state laws and regulations. Section 10. Attorneys Fe$s and Waiver of Jury Trial. 10.1 In the event of any ftigation arising out of this Agreement, the prevailing party shall be entitled to r cover its attorneys' fees and costs, including the fees and expenses of any pars egals, law clerks and legal assistants, and including fees and expenses charged for representation at both the trial and appellate levels. 10.2 In the event of any litigation arising out of this Agreement, each party hereby knowingly, irrevocably, voluntarily and intentionally waives its right to trial by jury. Section 11. Governing aw. 11.1 This Agreement shall be construed in accordance with and governed by the laws of the State of Flor�da. Exclusive venue for any litigation arising out of this Agreement shall be in Monroe County, Florida, Middle Keys Division of the Circuit Court or the outhern District of Florida. Section 12. Entire Agre ment/ ification/Amendment. 12.1 This writing contain$ the entire Agreement of the parties and supercedes any prior oral or written representations. No representations were made or relied upon by either party, other th those that are expressly set forth herein. 12.2 No agent, employe , 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 da ment. Section 13. Access to Records and Audits. 13.1 The County Clerk o his designee shall, during the term of this Agreement and for a period of three {3� years from the date of termination of this Agreement, have access to and the ght to examine and audit any Records of the CITY or its subcontractors involving transactions related to this Agreement. lnterlocaal - Library Marathon City Hall *3-0 t .doc 3/ 1 /2006 1:52:00 rM 6 13.2 The COUNTY may cancel this Agreement for refusal by the CITY, or the CITY's subcontractor, to abide by the provisions of Chapter 119, Florida Statutes, or for refusal by City to allow access by the County Clerk or his designee for audit purposes. 13.3 The term Records sh 11 refer to any documents, books, data (electronic or hard copy), papers and fin cial records that result from the CITY or its subcontractors performance of the Services provided in this Agreement. 13.4 If the inspection or a dit discloses that County funds paid to the City under this Agreement were us for a purpose not authorized by this Agreement, then the CITY must refund the funds improperly spent with interest calculated pursuant to Section 55.03, Florida Statutes, with interest running from the date the COUNTY paid the improperly pent funds to the CITY. This paragraph will survive the termination of this A;eement. Section 14. Nonassignabuity. 14.1 This Agreement shal not be assignable by either party unless such assignment is first approved by bot parties. 14.2 The provisions of this Section shall not prohibit the CITY from utilizing the services of subcon ractors to perform the Services contemplated in this Agreement. Section 15. Severability.1 15.1 If any term or prove ion of this Agreement shall to any extent be held invalid or unenforceable, the r mainder of this Agreement shall not be affected thereby, and each remaining to and provision of this Agreement shall be valid and be enforceable to the fu lest extent permitted by law. Section 16. Independent) Contractor. 16.1 The CITY and its employees, volunteers, agents, vendors and subcontractors shall be and remain ind endent contractor and not agents or employees of the COUNTY with resp ct to all of the acts and services performed by and under the terms of this Agre eat. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking, enterprise or venture between �e parties. Section 17. Waiver. 17.1 The failure of either party to this Agreement to object to or to take affirmative action with respect o any conduct of the other which is in violation of the terms of this Agreement s all not be construed as a waiver of the violation or breach, or of any future violati n, breach or wrongful conduct. lnterlocal -Library Marathon City Hall sh3-Ol.doc 3 / 1 / 2006 I :5Z:00 PM Section 18. Funding. 1 18.1 The parties agree tha the COUNTY's responsibility under this Agreement is to provide funding onl . Accordingly, all subcontractors are in privity with the CITY only and may not seek direct payment from the COUNTY, and that the COUNTY has no du�y, liability or other obligation to such persons. The CITY agrees to include a s ntence similar to the foregoing in all contracts entered into by the CITY for the Project. Section 19. Applicable L ws. 19.1 In awardingcontract for the design and construction of the Project, the CITY � J agrees to abide by all applicable CITY ordinances and state and federal laws. Section 20. Survival of Provisions. 20.1 Any terms or conditions of either this Agreement that require acts beyond the date of the term of the Ateement, shall survive termination of the Agreement, shall remain in full for and effect unless and until the terms or conditions are completed and shall ;e fully enforceable by either party. Section 21. Counterparts. 21.1 This Agreement may be executed in several counterparts, each of which shall be deemed an original and such counterparts shall constitute one and the same instrument. [THE REMAINDER OF HIS PAGE INTENTIONALLY LEFT BLANK.) interlocal - Library Marathon City Hall %h3-01.doc 31112006 1:52:00 PM IN WITNESS WHEREOF, year first written above. t �1. bANN L. K BY- D uuty Clerk ATTF—ST: (City geal) APPROVED AS TO FORM AND AND RELIANCE OF THE C BY: City Attorney V Interlocal • Library Marathon City Ball sh3-01.doc 3/1/2006 1:52:00 PM parties hereto have set their hands and seal the day and BOARD OF COUNTY COMMISSIONERS MONROE COUNTY, FLORIDA BY: Mayor/Chairperson CLERK APPROVED AS TO FORM THE CITY OF MARATHON, FLORIDA MR -Mom, PAP, o70 '*1 r� o c') r— C) c s 11%) G55::� GALALITY FOR THE USE n cn MARATHON, FLORIDA ONLY: ca E Sponsored by: Puto OF MARATHON, FLORIDA IESOI_,UTION 2006-064 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARATHON, FLORIDA APPROVING AN INTERLOCAL AGREEMENT WITH MONROE COUN FOR A JOINT PROJECT TO CONSTRUCT A MARATHON CITY LL AND A MONROE COUNTY LIBRARY FACILITY ON CITY OF MARATHON PROPERTY WHEREAS, CITY intendito construct a new city hall building of approximately 15,000 square feet to be located on US 1 in the City of Marathon (the "City Hall Building"); and WHEREAS, Monroe County (the "County") desires to construct a new library building of approximately 15,000 square feet within the boundaries of the City of Marathon (the "Library'), but currently has no site for such a building; and WHEREAS, the City has proposed, and the County has agreed, to construct a City Fall Building that will be large enough t 0 include the Library as proposed by the County; and WHEREAS, the County ani I the City wish to enter into an Interlocal Agreement to provide for the construction of the City HallBuilding (including the Library), and setting forth the respective rights and obligations of the City d the County during such construction. NOW, THEREFORE, BE T RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARATHON, FLORIDA, T AT: Section 1. The above recita s are true and correct and are incorporated herein Section 2. The Council app ves the Interlocal Agreement between the City and Monroe County, a copy of which is attached hereto as Exhibit "A". Section 3. This resolution s4all take effect immediately upon its adoption. PASSED AND day of May, 2006. AYES: NOES: ABSENT: ABSTAIN A' City (City Seal) Mearns, Pinkus, None None None APPROVED AS TO FORM CITY OF MARATHON, FL City Attorney by the City Council of the city of Marathon, Florida, this 9th THE CITY OF MARATHON, FLORIDA '-e-hristopherK. Bull, Mayor Worthington, Bull LEGALITY FOR THE USE AND RELIANCE OF THE IA ONLY: