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14-22RESOLUTION NO. 14 -22 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF CLEARWATER, FLORIDA AND PINELLAS COUNTY, FLORIDA FOR STAFF SUPPORT SERVICES FOR VIDEOTAPING AND TELEVISING PUBLIC MEETINGS; PROVIDING CERTAIN OTHER DETAILS WITH RESPECT THERETO; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City from time to time experiences a shortage of staff necessary to videotape and televise City public meetings; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: SECTION 1. Authority. This Resolution is adopted pursuant to the provisions of Section 163.01, Florida Statutes; Article VIII, Section 2 of the Constitution of the State of Florida; Chapter 166, Florida Statutes; and other applicable provisions of law (collectively, the "Act "). SECTION 3. Authorization of the Form of the Interlocal Agreement. The execution of the Interlocal Agreement, the form of which is attached hereto as Exhibit A (the "Interlocal Agreement ") is hereby authorized. The form of the Interlocal Agreement is hereby approved, subject to such changes, insertions and omissions and such filling of blanks therein as may be approved and made in such form by the officers of the County and the City executing the same, such execution and delivery to be conclusive evidence of such approval. SECTION 4. Authorization to Execute. The Mayor and the City Clerk are hereby authorized and empowered to execute the Interlocal Agreement in substantially the form attached hereto, subject to such changes, modifications, additions, deletions and substitutions which do not materially affect the substance thereof as such officers executing the same shall approve, such execution to be conclusive evidence of such approval and to affix thereto or impress thereon the seal of the City. SECTION 5. Effective Date. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this 1 7thday of July Approved as to form: Attest: '4 Pamela K. Akin City Attorney , 2014. cveA9 tt(ACrAkti05 George N. Cretekos Mayor k. Q.L Rosemarie Call City Clerk Resolution No. 14- 22 Interlocal Agreement Between Pinellas County and the City of Clearwater For Staff Support Services For Videotaping and Televising Public Meetings This agreement made and entered into this seventeenth day of July, 2014, by and between Pinellas County, a political subdivision of the State of Florida (hereinafter called the "County ") and the City of Clearwater, a municipal corporation (hereinafter called "City ") and collectively referred to as Parties. WITNESSETH: WHEREAS, this Agreement is made and entered between the parties pursuant to section163.01 Florida statutes, the "Florida Interlocal Cooperation Act of 1969 "; and WHEREAS, the City from time to time experiences a shortage of staff necessary to videotape and televise City public meetings; and WHEREAS, the City desires to enter into an agreement with the County to provide support services as needed in order to videotape and televise meetings (Meeting Support Services); and WHEREAS, the City will provide the County with a list of meetings that need Meeting Support Services; and NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained, it is agreed by and between the parties hereto as follows: 1. PURPOSE That County, by and through its Department of Communications, agrees to provide Meeting Support Services as needed to the City as provided in this Interlocal Agreement. Meeting Support Services will be provided on an as needed basis. The purpose of this Interlocal Agreement is to assist the City when City staff is on vacation, out sick or otherwise unavailable to televise meetings. 2. NECESSARY SKILLS County acknowledges that it has the ability to provide services consistent with this agreement in the following areas: a. Knowledge of equipment, television production and television broadcasting Interlocal Agreement Between Pinellas County and the City of Clearwater for Staff Support Services for Videotaping and Televising Public Meetings Exhibit A techniques b. Skill in the operation of video production equipment. c. Ability to operate common video production equipment such as cameras, switchers, audio mixers and editors d. Ability to apply basic computer applications and software 3. OPERATIONAL RESPONSIBILITIES a. b. Direct meetings in the City "Meeting Control Center." Operate the City's video equipment such as cameras, switchers, audio mixers, videotape recorders /players, editors, character generators, automated playback equipment and dimmer boards. c. Perform Web casting operations indexing files, etc. 4. COMPENSATION including digitizing programming, creating The City shall pay the County the sum of thirty -six dollars and sixty -eight cents ($36.68) per person per hour. The hourly rate is based on the average salary with benefits of current staff performing these same functions for the County. 5. NO PLEDGE OF AD VALOREM TAXES This Interlocal Agreement does not constitute a general indebtedness of the County within the meaning of any constitutional, statutory, or charter provision or limitation and it is expressly agreed that the City shall not have the right to require or compel the exercise of ad valorem taxing power of the County, or taxation of any real or personal property therein for the payment of any monetary obligations due under the terms of this Interlocal Agreement. It is further agreed between the Parties that this Interlocal Agreement and any funds called for to be paid hereunder shall not constitute a lien upon any real or personal property of the County. This Interlocal Agreement does not constitute a general indebtedness of the City within the meaning of any constitutional, statutory, or charter provision or limitation and it is expressly agreed that the County shall not have the right to require or compel the exercise of ad valorem taxing power of the City, or taxation of any real or personal property therein for the payment of any monetary obligations due under the terms of this Interlocal Agreement. It is further agreed between the Parties that this Interlocal Agreement and any funds called for to be Interlocal Agreement Between Pinellas County and the City of Clearwater for Staff Support Services for Videotaping and Televising Public Meetings paid hereunder shall not constitute a lien upon any real or personal property of the City. 6. TERMINATION a. This Interlocal Agreement may be terminated for convenience by either party upon no less than thirty (30) days written notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. b. In the event funds to finance this Interlocal Agreement become unavailable, either party may terminate the Interlocal Agreement upon no less than twenty -four (24) hours notice in writing to the other party. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. Each party shall endeavor, whenever possible and consistent with its legal obligations and principles of prudent management, to provide thirty (30) days notice for Termination for Lack of Funds. Each party shall be final authority as to the availability of funds and extension of notice beyond the minimum time herein stated. c. Following the termination of this Interlocal Agreement, the City shall remain liable for the payment of all expenditures incurred by the County up to the effective date of termination. 7. DISPUTE RESOLUTION County and the City agree to contact each other immediately upon the occurrence of any serious concern that emerges during the term of this Interlocal Agreement that may affect the continuance of the project or their partnership. County and the City agree that key project staff will meet as quickly as is practical and reasonable to resolve concerns or problems. 8. INDEMNIFICATION The County and City agree to be fully responsible for their own acts of negligence, or their respective agents' acts of negligence when acting within the scope of their employment, and agree to be liable for any damages resulting from said negligence. Nothing herein is intended to serve as a waiver of sovereign immunity by either the County or City. Nothing herein shall be construed as consent by the County or City to be sued by third parties in any manner arising out of this Interlocal Agreement. 9. ASSIGNMENTS Interlocal Agreement Between Pinellas County and the City of Clearwater for Staff Support Services for Videotaping and Televising Public Meetings a. Neither the County nor the City shall assign the responsibility of this Interlocal Agreement to another party without prior written approval of the other party. b. No such approval of any assignment shall be deemed in any event or in any manner to provide for the incurrence of any obligation by County or City in addition to the reimbursement obligation stated in this Interlocal Agreement. All such assignments shall be subject to the conditions of this Interlocal Agreement. 10. SCHEDULING The City agrees to provide the County with as much notice as possible of Meeting Support Service requests. When possible, a list of scheduled meetings that require Meeting Support Services shall be provided with no Tess than 48 hours notice. 11. WAIVER Both parties reserve the right to waive requirements of this Interlocal Agreement where warranted by special circumstances. 12. AMENDMENTS No amendments to this Interlocal Agreement may be made without prior written approval of County and City. 13. GOVERNING LAW The laws of the State of Florida shall govern this Interlocal Agreement. 14. SEVERABILITY The terms and conditions of the Interlocal Agreement shall be deemed to be severable. Consequently, if any clause, term, or condition hereof shall be held to be illegal or void, such determination shall not affect the validity or legality of the remaining terms and conditions, and notwithstanding any such determination, this Agreement shall continue in full force and effect, unless the particular clause, term or condition held to be illegal or void renders the balance of the Agreement impossible to perform. IN WITNESS WHEREOF, the parties to this Interlocal Agreement have caused the same to be signed by their duly authorized representatives this day ,2014. Interlocal Agreement Between Pinellas County and the City of Clearwater for Staff Support Services for Videotaping and Televising Public Meetings ATTEST: By: APPROVED AS TO FORM: OFFICE OF COUNTY ATTORNEY By: Attorney PINELLAS COUNTY, a political subdivision of Subdivision of the State of Florida, acting by And through its County Administrator By: County Administrator CITY OF CLEARWATER, FLORIDA By: William B. Horne II City Manager Approved as to form: Attest: Pamela K. Akin City Attorney Rosemarie Call City Clerk Interlocal Agreement Between Pinellas County and the City of Clearwater for Staff Support Services for Videotaping and Televising Public Meetings