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10/13/1999 Agreement ilannp I. .o~lle BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARAnlON, FLORIDA 330!50 'IEL. (305) '1B9-6OX1 PAX (305) 289-1145 CURl< OF nIB CIRCUIT COURT MONROE COUN'IY 500 WHlTBHBAD S'I1tEET KEY WEST, FLORIDA 33OtO TBL. (305) 292-3550 PAX (305) 295-3660 BRANCH 0flIIICB 88820 OVBRSBAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-1145 PAX (305) 852-1146 H~HQBAl!I2J.lH TO: Dent Pierce, Director Public Works Division FROM: Attn: Beth Leto Isabel C. DeSantis, Deputy Clerk ~C.~ october 28, 1999 DATE: The Board of County Commissioners on October 13, 1999, granted approval and authorized execution of a new Interlocal Agreement between Monroe County and the Monroe County School Board regarding maintenance of school athletic facilities. Attached hereto is a duplicate original of the document for your handling. Should you have any questions concerning the above, please do not hesitate to contact this office. cc: County Attorney County Administrator, w/o document Finance ,~c" ... . . ,>:':~~',~~)l!~ .A'~1!~ .. ..rI..\.tLtt~~1!tt'::-"i<.. "f~~{~.:1.:'jE:~{~~:;'<:<';~""":! ""';';~,I"'''''*,''.:;;; ~ L r'\. ,L),.r_) )~ INTERLOCAL AGREEMENT SCHOOL BOARD AND BOARD OF COUNTY COMMISSIONERS 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 Public Service Building, 5100 College Road, Key West, FL 33040 (County), and the School Board of Monroe County, whose address is 242 White Street, Key West, FL 33040 (the School Board), and constitutes an amendment to School Board Contract 93-17, as :ro~~ amended by addenda 1 - 7, and the addenda amendments of 1996, i~~riatilal;:;; ~r-~ ~ 0 agreement), all of which are attached and incorporated into this am~~~ermas6 c::::;;::;>::: :::0 E h'b.t :c. 0 ~ :::0 X I I A. ;<nr- ::I: fT1 .. :.:r; a n "f, ?: .. <:) In consideration of the mutual consideration and promises set fort~:be-k>w~e~ parties agree as follows: 1. The term of this Interlocal Agreement IS from October 1, 1999 to September 30,2000. 2. In exchange for providing the recreational facilities' maintenance and equipment described in the schedule set forth in Exhibit B, which is attached and incorporated. by reference, the County will pay the School Board the sum of $403,940.44. The sum of $122,380 is for the equipment listed in Exhibit B, page 1, will be paid to the School Board upon written request. The equipment will be purchased in the name of the School Board and will become the property of the School Board. The sum remaining for the maintenance will be paid to the School Board in arrears in twelve equal monthly installments. 3. In order to receive a monthly payment, the School Board must submit an invoice to the County Public Works Director, on or before the 10th day of the month following the month in which the work was performed, requesting payment, describing the work and services performed together with the dollar amount allocated to such work (the allocation must track the cost allocation schedule of Exhibit B). If the County Public Works Director approves the invoice he must so indicate on the invoice and promptly forward the same to the County Clerk for payment. If the Clerk has no objection, he shall promptly cause the invoice to be paid. If either the Public Works Director or Clerk has an objection or otherwise disapproves of the invoice, he must promptly notify the School Board in writing of the reason(s) for his objection or disapproval and state what corrective action(s) must be taken. 4. The School Board must keep its financial records pertaining to this Interlocal Agreement according to generally accepted governmental accounting principles and retain those records for three years following the end of this Interlocal Agreement. The records must be made available to auditors employed by the County or County Clerk during normal business hours. The School Board is liable to the County for any amounts determined by such auditors to have been spent for work, services, or equipment not authorized by this Interlocal Agreement, plus interest calculated according to Sec. 55.03, FS, from the date the funds were spent for unauthorized purposes. 5. Paragraphs 7, 8 and 12 of School Board contract 93-17 are hereby rescinded and are of no further force and effect. Paragraphs 1 - 4(a) of addenda 1 - 7, as amended in 1996, are hereby rescinded and are of no further force and effect. 6. Except as provided in paragraphs 1 - 5 of this 1999 Interlocal Agreement. in all other respects the terms and conditions of the original agreement remain in full force and effect. 7. This Interlocal Agreement will take effect when an executed original is filed with the Clerk of the Circuit Court of Monroe County. IN WITNESS WHEREOF, the Board of County Commissioners and School Board ixed their respective hands and seals the dates indicated below. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA . ....... ..... -'.~'\."."~"" \;UA~.;.:...~jt~.A_'" . '. ""~\C'''-'I ,~ ~. . '~~-' . ,... By Mayor/Chairman Date ATTEST: MONROE COUNTY SCHOOL BOARD BY~.wt; a.-~ ~-= pe Intendent f Dat~ 10/;'6/ 'I ~ . I By ~h!:1!; jiaschbda SCHOOL BOARD CONTRACT 93-17 ~,:l fT , ~ INTERLOCAL AGREEHENT wITH SCHOOL BOARD 'YL JUL 2j ;!:' .~U RECREATIONAL INPROVEMENT lJW USE OF SCHOOL FACILITIES , Agreement made the last day below written,' bx..and between r'D/mClt' : ~I!,:H: 1', ~ U., the BOARD OF COUNTY COMMISSIONERS OF M01!ROE COUNTY, FLORIDA ("County"), 500 Whitehead Street, Key West, FL 33040, and the SCHOOL BOARD OF MONROE COliNTY, FLORIDA, ("School Board"), as the contracting agent for the Monroe County School District, whose address is 242 waite Street, Key West, FL 33040, WIT N E SSE T H: The County and the School Board hereby agree as follows: 1. Recitations A. Chapter 163, Florida Statutes, know~ as the "Florida Interlocal Cooperation Act of 1969" (lithe Act") , specif- ./ ically provides that its purpose is to "permit local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local commu- nities." (Sec. 163.01(2), F.S.). B. The Act further provides that I'a public agency of this state may exercise jointly with any other public agency of the state any power, privilege, or authority which such agencies share in common and which each might exercise separate- ly." (Sec. 161.01(4)). C. The Act I s definition of "public agcncy" includes a county and a school district. (Sec. 163.01(3)(b)). D. The County and the School Board, pursuant to this Act, desire to enter into this Interlocal Agreement (lithe Agree- ment") for the purposes, and upon the terms and conditions, described below, believing that this Agreement will allow each agency to make more efficient use of facilities, personnel, and services necessary to, common to, or available to each agency, and having a goal of a more economical and efficient use and savings of public funds, while at the same time providing recre- ational facilities to the citizens of, and visitors to, Monroe County. 2. .0 Entire Agreement It is hereby understood and agreed that this contract states ..- the entire agr~eIDent and that the parties are not bound by any stipulations, representations, agreements, or .promises, oral or otherwise, not printed in thi~ Agreement. 3. Purpose of Agreement The purpose of this Agreement is to define the respective duties and obligations of the County and the School Board under this Agreement relative to the provision of enhanced recreational facilities and opportunities to the citizens of, and visitors to, Honroe County. 4. Method for Accomplishing Purpose The basic method. for accomplishing the purpose of this Agreement is (1) for the School Board to provi?e available recreational space at as many of its public school sites as is 2 feasible, such areas to be used by citizens of, and visitors to, Monroe County ,outside of the normal school operating hours at each site, and (2) for the County to build upon or upgrade the recreational space area to provide, among other things, tennis courts, soccer fields, baseball and softball fields, concession stands, field and court lighting, playground equipment, and scorekeeper/officials stands as may be mutually agreed upon by the County and the School Board 5. Duration of Agreement This Agreement shall be for an initial period of twenty (20) years from the effective date of this Agreement and will normally expire on July 14, 2012 Provided neither party has substantially breached this Agreement, said substantial breach to be defined herein as a substantial departure from the letter and spirit of the terms of this Agreement, upon the expiration of the initial period this Agreement shall be automatically continued and extended upon the same terms and conditions for an additional thirty (30) years. 6. Rescission or Termination of Agreement This Agreement may be terminated by either the County or the School Board by written notice to the other party at least one year in advance of the tel~ination date, PROVIDED, HOWEVER, that any termination provisions contained in an Addendum Agreement shall take precedence over this provision 7. Acquisition of Equipment The acquisition of materials, equipment, fixtu~es, metering devices, and rclated items shall be the responsibility of, and 3 paid for by, the County. Both the School Board and the County shall meet and confer, and mutually agree upon, all iteUls to be acquired and placed in or upon the School Board's recreation area sites. 8. Haintenance of Recreational Areas The County and School Board agree that they shall be jointly responsible for the maintenance of the recreational area in accordance with the formula and schedule set forth in the at- tached Addenda to this Agreement addressing the particular recreation facilities at each school site. 9. Contracting A~ The County and School Board agree that the County shall be the cont'racting agent for the acquisition of items pursuant to this Agreement, and that all items to be purchased shall be mutually approved by the parties. In the event, however, that the School Board is designated, by mutual agreement of the parties, as the contracting agent, then all contracting shall be done subject to the prior written approval of the County. 10. Agency License for Use of Real Property The County and School Board agree that the School Board shall grant to the County a license for the use of the subject real property wherein the recreational facility sites are locat- ed. Each license granted shall be in the form attached to this Agreement as Addendum One. 11. Access to Recreational Areas The County and School Board agree that access ~y the general public to school recreational space area is dependent upon (1) 4 ~. the normal requirements for use by the school during normal and special school hours, (2) the type of recreational facilities at cach site, and (3) the de3ires of the general public as reflccted in organized team sports concerns and individual, sporadic use on a non-scheduled basis. To that end, the County and the School Board agree that, as to each particular recreational facility site, and in consultation with the principal of each school where the recreational space area is located, the parties will develop a mutually acceptable schedule of use which is to be included in detail and incorporated into the individual Addendum pertaining to the school site where the recreational facility site /sites is/are located. 12.: Billing and Billing Services The County and the School Board agree that the billing for all materials and service~ for the construction and upgrading of the recreational areas shall be made to the County and shall be paid by the County. Billings for maintenance-related costs shall be made to the County by the School Board on a pro-rata basis. The School Board shall be responsible for billings to the County for electrical and water usage based upon metered readings of the amounts of electricity and water used fer scheduled activities as delineated in the schedule of use for each site. The County agrees to place at each site at least one trash/garbage receptacle and to be responsible for the costs associated therewith, including the costs of disposal. 5 13. Title to Tangible Property upon Termination of Agreement The County and School Board agree that, upon termination of this Agreement, the title to all tangible property located upon the recreational area sites shall be in the name of the School Board, unless such tangible property is completely removed from the School Board sites by the County and at the sole expense of the County. PROVIDED, HOWEVER, that if this Agreement is ter- minated prior to its normal expiration date by the School Board, then and in that event the School Board shall pay to the County an amount equal to the adjusted value of all tangible property put in by the County at the specific recreational sites, and as enumerat~d in the Addendum to this Agreement referencing same. 14. Acceptance of Gifts, Grants, Assistance Funds or Bequests Both the County and the School Board agree that either shall be, and is, empowered to accept for the benefit of either or both of them, gifts, grants, assistance funds or bequests to be used for recreational purposes at the school sites affected by this Agreement. 15. Claims for Federal or State Aid Both the County and the School Board agree that either shall be, and is, empowered, to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by the other party prior to submission. 6 16. Adjudication of Disputes or Disa~Yeements The County and the School Board agree that all disputes and disagreements shall be attempted to be resolved by meet a.l1d confer sessions between representatives of the County and of the School Board. If no resolution can be agreed upon within thirty (30) days after the first meet and confer session, the issue or issues shall be discussed at a joint public meeting of both the Board of County Commissioners and the School Board. If the issue or issues are still unresolved to the mutual satisfaction of the Board of County Commissioners and the School Board, then either party shall have the right to proceed as is contemplated in Paragraph 23 of this Agreement, below. Share of Costs and Ex enseSj 17.: In the event that eithe~ the County or the School Board shall fail to pay its respective share of costs and expenses associated with this Agreement as provided for in the various Addenda to this Agreement, the other party shall have the right to (1) seek payment through the avenues available pursuant to Paragraphs 16 and 23 of this Agreement, or (2) to declare this Agreement null and void and immediately terminate this Agreement by filing a declaration of termination in the Public Records of Honroe County. 18. Accountability of Funds; Quarterly Reports The County and the School Board agree that the County shall be the fiscal agent for the parties for purposes of this Agree- ment, and that the County shall provide the School Board reports 7 at least once a. quarter detailing expenditures made pursuant to this Agreement. 19. Liability Coverage; Insurance; Ho1d Harmless, Indemnity Both the County and the School Board agree that each will obtain general liability, property damage, and medical payment insurance coverage through either self insurance, commercial insurance, or a combination of both, in such limits as the County and the School Board shall determine appropriate. Additionally, the County and the School Board each represent to the other that it carries suitable public liability and property damage insur- allee, or is self-insured, in amounts adequate to cover any claim arising out of its respective use of the facilities and will continue: to carry such insurance or remain self-insured during the entire term of this Agreement. Each party will be responsi- ble for any acts of negligence on the part of its agents or employees. Each party will hold the other party harmless from all claims arising out of its respective use, and each party shall have a duty to defend all claims arising out of its respec- tive use of the facilities. As part 'Jf each's responsibility, the County shall indemnify and hold harmless the School Board from and against all expenses liabilities, and claims of every kind, including reasonable counsel fees, by or on behalf of any person or entity arising out of either (1) a failure by the County to perform any of the terms or conditions of this Agree- ment, (2) any injury or damage happening on or about the facil- ities during periods when the County is utilizing the facilities, (3) failure to comply with any law of any governmental authority, 8 or (4) any lien or security interest filed against the school premises or the facilities; and the School Board shull indemnify and hold ha.rmless the County from and against all expenses, liabilities, and claims of every kind, including reasonable counsel fees, by or on behalf of any person or entity arising out of either (1) a failure by the School Board to perform any of the terms or conditions of this Agreement, (2) any injury or damage happening on or about the facilities during periods when the School Board is utilizing the facilities, (3) failure to comply with any law of any governmental authority, or (4) any lien or security interest filed against the County 1 s premises or the facilities. 20.'. Public Entity Crioe The County and the School Board agree that each is in compliance with Section 287.133, Florida Statutes, and have executed and filed with each other its I sworn statement on the form provided by the School Board simulta~eously or prior to its execution of this Agreement. County and School Board agree that they, through their agents, are aware of the provisions of Section 287.133, Florida Statutes. 21. Covenant of No Interest The County and the School Board covenant that neither presently has any interest, and sha.ll not acquire any interest, which would conflict in any manner or 1egree with its performance under this Agreement, and that each's only interest is to perform and receive benefits as recited in this Agreement. 9 22. Code of Ethics The County and the School Board agree that each agency IS respective officers and employees recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one I s agency; unauthorized compen- sation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 23. No Solicitation/Payment The County and the' School Board warrant that neither has employed' or retained any company or person, other than a bona fide employee working solely for County or School Board, to solicit or secure this Agreement and that neither the School Board nor County have paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the County or School Board, any fee, commis- sion, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the County and School Board agree that the non-breaching agency shall have the right to terminate this Agreement 'vithout liability and, at its dis- cretion, to offset froD u.onies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consid- eration. 10 24. Nondiscriwination The County and the School Board agree to comply with all Federal statutes, as applicable, relating to nondiscrimination. These include but are not limited to: A. Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin. B. Title IX of the Education Amendment of 1972, as amended (20 U.S.C.ss. 1681-1683, and 1685-1686), which prohibits dis- :rimination on the basis of sex. C. Section 504 of the Rehabilitation Act of 1973, as amended (20 U.S.C.s. 794), which prohibits discrimination on the basis of " handicaps. D. The Age Discrimination Act of 1975, as amended (42 U.S.C. ss. 6101-6107), which prohibits discrimination on the basis of age. E. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse. F. The Comprehensive Alcohol Abuse and Alcoholism Preven- tion, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism. G. The Public Health Service Act of 1912, ss. 523 and 527, (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient r~cords. 11 H. Title VIII of the Civil Rights Act of 1968 (42 U.S.C.s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing. I. The Americans with Disabilities Act of 1990 (42 U.S.C.s. 1201 Note), as may be amended from time to time, relat- ing to nondiscrimination on the basis of disability. J. Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 25. Cooperation The County and School Board agree to participate, to the extent required by the other party, in all proceedings, hearings, processe's, meetings, and other activities related to the pro- vision of the services and materials unde~ this Agreement in the event any administrative or legal proceeding is instituted agains t the other party relating to the formation, execution, perfomance, or breach of this Agreement. The County and School Board specifically agree that neither party shall be required to enter into any arbitration proceedings related to this Agreement or any Addendum to this Agreement. 26. Venue, Interpretation, Costs and Fees In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and School Board agree that venue will lie in the appropriate court or before the appropriate adminis- trative body in l1onroe County, Florida. The Co~nty and the School Board further agree that, in the event of conflicting 12 interpretations of the terms or a term of this Agreement between the County and the School Board, the issue shall b8 submitted to mediation prior to the institution of any other administrative or legal proceedings. Additionally, the County and School Board agree that in the event any cause of action or administrative proceeding is initiated by or defended by any party relative to the enforcement or interpretation of this Agreement, the prevail- ing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party~ Mediation proceedings initi- ated and conducted pursuant to this Agreement shall be in accor- dance with the Florida Rules of Civil Procedure and the usual and customary procedures required by the Circuit Court of Monroe County, Florida. 27. Books, Records and Documents The County and the School Board shall maintain books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representative(s) shall have reasonable and timely &ccess to such records of each other party to this Agree- ment for audit purposes during the term of the Agreement and for three (3) years following the termination of this Agreement. 28. Public Access The County and the School Board shall allow and permit reasonable access to, and inspection of, all docu~ents, papers, letters, or other materials subject to the provision of Chapter 13 119, Florida Statutes, and made or received by the Cocnty or the School Board in conjunction with this Agreement; and the non-violating agency shall have the right to unilaterally cancel this Agreement upon violation of this provision by the violating agency. 29. Management/Notices The County's Project Manager under this Agreement is TI10mas H. Brown, telephone number (305)292-4441. The Schoo 1 Board's Project Hanager is Kerry Highsmith, telephone number (305)296-6523, ext. 132. Any notice or other written communica- tion, except invoices, between the agencies shall be considered delivered when posted by Certified Mail, Return Receipt Request- ed; delivered in person to the Project Manager; or upon confirmed electronic receipt by telecopies/telefacsimile. Respective mailings shall be addressed to the Project Manager at the address listed in the preamble above. 30. Severability In the event one or more provisions of this Agreement are declared invalid by a court of competent jurisdiction, the balance of this Agreement shall remain in full force and effe~t. 31. Non-Waiver of Immunity Notwithstanding the provisions of Section 286.28, Florida Statutes, the participation of the County and the School Board in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any 14 contract entered into by the County and the School Board be required to contain any provision for waiver. 32. Privileges and Immunities All of the privileges and immunities from liability; ex- emptions from laws, ordinances, and rules, and pensions and relief, disability, workers' compensatiun, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County and the School Board when performing their respective functions within the territorial limits for their respective agencies shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents or employees extraterritorially under this Agreement. 33. Non-Dele ation o This Agreement is not intended to, nor shall it be construed as, relieving any participating agency from any obligation or responsibility imposed upon the agency by law except to the extent of actual and timely performance thereof by any other participating agency, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the participating agencies, except to the extent permitted by the Florida constitution, state statues, case law, and, specially, the provisions of Chapter 163, Florida Statutes. ., 15 34. Effective Date This Agreement, and any subsequent amendments, shall become effective upon filing with the Clerk of the Circuit Court of Monroe County, Florida. 35. Non-Reliance by Non-Parties - No person or entity shall be entitled to rely upon the terms, or any of them of 'this Agreement to enforce or attempt to enforce any third-party claim or entitle~ent to or benefit of any service or program contemplated hereunder, and the County and the School Board agree that neither the County not the School Board or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particul"ar individual or group of individuals, entity or en- tities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 36. Addendum for Each School Site The County and School Board agree that, for each school recreational area space site to be affected by this Agreement, an Addendum to this Agreement will be made and agreed upon by appropriate resolution of the School Board and the Board of County Commissioners. Both the County and the School Board agree that this Agreement is a Ilbasic" or "master" agreement between the agencies, and that each Agreement for each school site will specifically delineate further agreements uniquely appropriate to that particular site. IN WITNESS WHEREOF, the Board of County Commissioners of 16 Monroe County, Florida, pursuant to a motion duly made, seconded, and passed in regular and open session and by and through it::; Mayor and Clerk; and the School Board, pursuant to a motion duly made, seconded, and passed in regular and open session and by and through its Chairman and Superintendent, have affixed their respective and representative hands and seals on the dates indicated. (SEAL) ATTEST: DANNY KOLHAGE, Clerk BOARD OF COUNTY CO~ruISSIONERS OF MONROE COUNTY, FLORIDA , ByLJ4et~ Date: July 15,1992 BYC~~~ Hayor/C a1.rman (SEAL) ATTEST: SCHOOL BOARD OF MONROE COUNTY, FLORIDA A.~~;'~rintendent 1'- ... : ,,",:.1 ;~ ..::; - ~., B ,.,/.... /' .- ~ y, ~_ ",~_'K.h '--_ /', ~- Ge~ ldine T. Caron, C~a1.rman ~ Date: APp:-:;QI,::.; l.r; r" .r.....~.J . / '"A:V?:.L .~:.:... :'JF,--:;Dj':;':~)'. J - '. ! -- ).,1," '.;; .~_...... ,.- .,. ." . / ,:.;"30i"{iW, , I) <J,.:. .~ I I 17 Agreement would be made and agreed upon by appropriate resolution of the Board of County Commissioners and the School Board. Both the County and the School Board further agreed that each Addendum Interlocal Agreement that, for each school recreational space area site to be affected by that Agreement, an Addendum to that The County and the School Board have agreed in the "master" Addendum for Each School Site 1 - . , 1992, as follows: July day of The County and the School Board hereby agree to add this. Addendum to that certain Interlocal Agreement dated the 15th WIT N E SSE T H: Board"), as the SCHOOL BOARD OF MONROE COUNTY, FLORIDA /(.l~ Schoo 1 contracting agent for the Monroe cour~.~,~/SChOOl address is 242 White Street, Key West, FL 33040, District, whose ("County"), 500 vlhiteheacl Street, Key West, FL 33040, and the the BOARD OF COUNTY COMl'1ISSIONERS OF MONROE COUNTY, FLORIDA Agreement made the last day below \vritten, by and between School Board Contract No. 1-3,' J~/ School Board Resolution No. , , '.. ti. _ .:.-, .~) FOR SUGARLOAF SCHOOL PROPERTY' ADDENDu11 TIvO TO INTERLOCAL AGREEMENT ro,o-{'n'"""""l ~-:L fT I,' for each school site would specifically delineate further agree- ments uniquely appropriate to that particular site. NOW, THEREFORE, for and in consideration of the Ulutual promises, covenants, and obligations contained herein and con- tained in the "master" Interlocal Agreement the County and the School Board agree as follows: 2. Payment of Cos~s County agrees to pay all costs associated with and for planning, architectural services (except for the architectural services of the School Board Architect), permitting, site prepa- ration, purchasing, maintenance and installation of the facil- ities and improvements on the campus of Sugarloaf School con- tained and depicted in Exhibit A attached hereto. 3. and Installation of A. The County agrees to construct and/or install the facilities and improvements referred to and depicted in Exhibit A attached hereto (hereinafter collectively referred to as the Facilities), subject to budgetary and planning conditions: B. Before commencement of any work all plans and specifications shall be filed with and approved by all govern- mental departments or authorities having jurisdiction and any public utility company having an interest therein, and all work shall be done in accordance with requirements of applicable state and local regulations. C. All applications and connections for necessary utility services shall be made in the name of the County, and 2 shall be separately metered; PROVIDED, HOWEVER, that if safe, feasible, and not in violation of any law, rule, or regulation of or pertaining to the affected utility, the County shall be allowed to "tap into" the appropriate existing utility lines, pipes, or service panels, and in such event the County shall provide and install at the County's expense private utility "audit deductfl rueters for measuring of utility use related to the Facilities. D. County shall be responsible for, and shall pay, all required impact fees, assessments, deposits, and charges and costs of whatsoever nature that may be required by any local, county, state, or federal entity for application, review, modi- ficatioDs of plans or applications, and issuance of all required permits prior to commencement of construction or installation of the facilities or improvements. E. The County shall use reasonable efforts in adher- ing to any schedule or timetable for construction and installa- tion of the facilities as may be agreed to by the County and the School Board, but such construction and installation shall also be contingent upon planning and budgetary considerations allowing same. 4. County's and School Board's Obligations: Maintenance. The County and School Board agree that at all times during the tero of this Agreement the County and School Board shall be jointly and equally responsible to repair, replace and maintain the facilities in a good, safe, and substantial condition, and 3 safe from any defects which could be reasonably foreseen to cause injury to persons. The County and School Board shall both use all reasonable precautions to prevent waste, dsmage, or injury to the facilities. Specifically, the School Board sh<lll be responsible for mowing of grassed areas and the County shall be responsible for all other field maintenance. 5. County's Obligation: Indemnity. County shall indemnify and hold harmless the School Board from and against all reasonably foreseeable expenses, liabilities and claims of every kind, including reasonable counsel fees, by or on behalf of any reasonably foreseeable person or entity arising out of either (1) a failure by County to perform its share of, the obligations under any of the terms or conditions of this Agreement, (2) any reasonably foreseeably injury or damage happening on or about the facilities during periods when Coun- ty-approved or related activities are conducted on the facil- ities, (3) failure to comply \V'ith any law of any governmental authority, or (4) any reasonably foreseeable mechanic's lien or security interest filed against the school premises or facil- ities, and directly involving and addressing the County's duties and obligations under this Agreement. 6. County's Rights: Use of Facilities. County shall have the right to public use of the facilities for all lawful public purposes not inconsistent with the intent of this Agreement and the design of the facilities, including but not limited to County-sponsoreurecreation events, public con- 4 certs and performances, and pub lie ga therings which havE: been issued proper permit~. County agrees that the scheduling of the use of, and the actual use, of the facilities shall not interfere or conflict with any of the School Board's and Sugarloaf School's intramural or interscholastic student events, and County will coordinate scheduling of use of the facilities with Sugarloaf School officials. 7. County's Obligation: Replacement of Facilities: A. Da.mage to Facilities. If the Facilities or any portion of the Facilities sha.ll be damaged by the act, default, or negligence of County, or of County's agents, employees, patrons, guests, or any persons admitted to the pre41ises by County or under County's auspices, County shall within a reason- r. , ;' .... able period of time and if economically feasible restore the Facilities to their condition just prior to the damage. Con- versely, if the Facilities or any portion of the Facilities shall be damaged by the act, default, or negligence of the School Board, or of the School Board's agents, employees, patrons, guests, or any person admitted to the premises by the School Board or under the School Board's auspices, the School Board shall with a reasonable period of time and if economically feasible restore the Facilities to their condition just p~ior to the damage. B. Destruction of Facilities: In the event of a partial or total destruction of the premises during the tem of this Agreement =rom any cause, excluding cause or causes result- 5 ing from the act or default of the School Board, or any of the School Board's agents, employees, patrons, guests, or any person admitted to the premises by the School Board or under the School Board's auspices, the County shall forthwith restore the same as soon as reasonably possible and if economically feasible. Any partial or total destruction shall neither annul nor void this Addendum Agreement. Th~ County shall have the option upon total destruction of the facilities to restore Sugarloaf School's premises to the condition the premises were in upon the effective date of this Agreement, and thereafter cancel or terminate this Agreement. 8. School Board's Obligation: Coordination of Construction and Installation. The School Board, through Sugarloaf School officials and the School Board Architect, shall consult with and coordinate with the County the planning, construction, installation, scheduling and use of the Facilities. The design, construction, location, and installation of the Facilities to be placed on the School's premises shall first be approved in writing by the School Board's representatives, it being the intentions of the County and the School Board that the School Board shall have absolute control over the location and placement of the Facilities upon the Sugarloaf School's premises. No other structures, improvements, or fixtures shall be placed upon the Sugar10af School's premises without prior written permission of the School Board. Any approval required by the School Board hereunder shall not be unreasonably withheld. 6 ~~ % 9. School Board's Obligation: Control over Premises. The School Board agrees that) in the event of the sale, lease or other disposition of the premises currently o~~ed by the School Board upon which the Faciliti.es are located, the School Board shall insure that such lease, sale or other disposition is subj ect to this Addendum Agreement and will not interfere \vith the County's rights under this Addendum Agreement, so long as this Addendum Agreement shall remain in full force and effect. 10. School Board's Rights: Use cf Facilities. The School Board shall have the right to use the Facilities without interference for outdoor physical education, recreation, or related uses during regular school hours, and during scheduled school use for special purposes from tice to time. The School Board, through its Sugarloaf School officials, shall coordinate with County the use of the Facilities during times outside of regular school hours. To facilitate coordination, the officials at Sugarloaf School shall provide the County with a written schedule of use or events scheduled by the School, during the School Year , involving the subject Facilities, and the School reserves the right to amend and revise this schedule from time to time during the school year, provided that if such amendments will have an impact upon events or uses of the Facilities previ- ously scheduled or planned by the County and made known to the School officials at the time of the County's scheduling, then and in that event the County shall have the right to approve or disapprove the proposed amendment or revision by the School. The School Board shall have the right to cancel or terminate 7 this lease upon one (1) year's written notice to County upon an initial determination by the School Board that the Sugarloaf School premises which are the subject of this Addendum Agreement are needed primarily for school-related purposes. The School Board shall allow the County to be heard upon the issue prior to the School Board making its final determination, and the School Board shall not act unreasonably in making such a final deter- mination. The School Board shall allm.; the County, as well as any and all citizens of Monroe County, and/or representatives of private non-profit groups who are users of the subj ect recre- ational facility(ies), to be heard upon the issue prior to the School Board making its final determination, and the School Board shall nqt act unreasonably in making such a final determination. In the event of such a termination the School Board shall be obligated to pay the County the adjusted value of the Facilities constructed and/or installed by the County, said adjusted value to be deterQined as of the effective date of termination. In the event of a material breach o~ the terms and conditions of the Addendum Agreement by the School Board, the County may elect to cancel this Addendum Agreement and terminate its responsibility for operation and maintenance of the facilities. As defined by this Agreement, a material breach shall be one that substantially departs from the letter and spirit of the terms of this Agreement - as delineated in both the Master Agreement and the Addendum attached hereto. In the event of cancellation, the School Board shall reimburse the County for the adjusted value of the facil- ities put in by the County. 8 11. School Board's Obligations: Supervision of Activities. The School Board shall be respon~ible for the supervision of all activities involving the use of the Fa.cilities which the School Board or Sugarloaf School officials have sponsored, scheduled, or over which the School Board would normally exercise control. 12. School Board's Obligations: Pro-Rata Reimbursement to County. The County may cancel this Addendum Agreement and elect to terminate its responsibility for operation and maintenance of the Facilities because of a material breach of the Addendum Agreement by the School Board. As defined by this Agreement, a material breach shall be one that substantially departs from the letter and spirit of the terms of this Agreement. In the event of cancellation the School Board shall, within six (6) months of cancellation, reimburse the County for the adjusted value of the Facilities put in by the County. 13. Non-Assignment This Addendum Agreement may not be assigned, and the County may not rent or subl€ase any part of the Facilities, without the express prior written consent of the School Board. This pro- vision is not intendcd to prevent or prohibit the County from charging a user fee to individuals and groups, as provided by the ordinances, resolutions, or policies of the County. 14. Title to Facilities; Extension of Terms of .Addendum Upon the expiration of the term of this Addendum Agreement the Facilities shall become the property of... the School Board, 9 PROVIDED, HOWEVER, that the County shall have the right to extend the term of this Addendum Agreement for an additional thirty (30) years upon the same terms and conditions as contained herein and in the "master" Interlocal Agreement to which th Addendum Agree- ment applies. The County shall give notice by public resolution of the exercise of this right at least ninety (90) days in advance of the normal termination date. 15. Appropriation The County agrees to perform its obligations under Para- graphs 3 and 4 above as quickly as practicable. The County and School Board acknowledge, however, that funds for the completion of all Facilities may not have been appropriated upon the exe- cution of this Addendum Agreement and performance will be contin- gent upon such appropriations in the future. 16. Notice of Breach; Cure In the event of a breach of any term of this Addendum Agreement by one party, it shall be the obligation of the other party to provide written notice of such breach or violation, and a reasonable period of time shall be allowed for the curing of such breach or violation, the reasonableness of the time period being determined by the circumstances and nature of the breach. 17. Notice of Unsafe Conditions Each party recognizes that it is in the best interest of both parties to provide a safe recreational area and each party agrees to utilize its best efforts to provide proper supervision and safe conditions during its respective use of the Facilities. In the event that either party becomes aware of an unsafe situa- 10 tion, it shall correct same or, if such is the responsibility of the other party, notify the other party of the hazard and the need for corrective action. IN l.J'ITNESS HHEREOF, the Board of County Commissioners of Monroe County, Florida, pursuant to a motion duly made, seconded, and passed in regular and open session and by and through its Mayor and Clerk; and the School Board, pursuant to a motion duly made, seconded, and passed in regular and open session and by and through its Chairman and Superintendent, have affixed their respective and representative' hands and seals on the dates indicated. (SEAL) ATTEST: DANNY KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA " . " . ~. By -6?~ I;CJf eput Date: July 15, 1992 .. . I~ By~'~:t. ., Mayor I Chairman .,' (SEAL) ATTEST: SCHOOL BOARD OF MONROE COUNTY, FLORIDA uper~nten ent .- ~ ," "'\ C /., -' ! ,. -~-, /c"" BY-c~~i~'ll~ 1.' '-c~ror:, Char~~~'-' Date: F"-/ AP.r,:.~:-".;:-:-: . . ...~. /'.': ~ . ,. / ,. . '. ~ ,: i / ',(.< '. ' 8y , ','. ...., \ . I ..:...: ...._.......~ '.~- .- ! I \,'" ( D3t~ r] \ ';1 "i ..,. '( ,\ \ . .._~., . 1....-.-- .~..'.. .:.. ~.- --- 11 EXHIBIT A SUGARLOAF SCHOOL IMPROVE}fENTS ATHLETIC IMPROVEMENTS COST ESTIMATES June 8, 1992 Total (#301 Fund) $ 1,950.00 217.50 340.80 2,614.00 4,000.00 1,600.00 2,226.00 29,254.05 4,500.00 545.00 3,154.00 3,000.00 1,500.00 $54,901. 35 Site Clearing Rough Grading Fine Grading Goal Posts Dugouts Bleachers Scoreboard Fencing Backstop Water Fountain Sod Clay ~-later Line Bases/Pitching Rubber 400.00 3,000.00 500.00 }fuintenance Equip Trash Cans TOTAL COSTS $58,801. 3,5 12 WENDMENT TO INTERLOCAL AGREEMr FOR SUGARLOAF SCHOOL PROPERTY This amendment to School Board Contract No. 93-18 Is made and entered Into by the Board ot County Commissioners ot Monroe County, Florida, hereafter County, whose address Is 5100 College Road, Stock Island, Key West. FL 33040, and the School Board of Monroe County. Florida, hereafter School Board, as the contracting agent for the Monroe County School District, whose address is 242 White Street. Key West. FL 33040. The panies agree to amend School Board Contract No. 93-18, an interlocal agreement entered into on July 15, 1992, as follows: 1.} Subparagraph 3c is amended by the addition of the following: The County has the responsibility for solid waste collection charaes. 2.) Paragraph 4 is amended to read as follows: .' 4. County's and School Board's Obligations: l.Ql Maintenance. .-. The County and School Board agree that at all times during the term of this Agreement the County and School Board shall be jointly and equally responsible to repair, replace and maintain the facilities in a good, safe, and substantial condition, and safe from any defects which could be reasonably foreseen to cause injury to persons. The County and School Board shall both use all reasonable precautions to prevent waste, damage, or injury to the facilities. More" Sspecifically, the School BGGrd shall be responsiblc t.or mowing of grassed Gf-e6S and the County shall be responsible for all othef fielG-meintenance the School Board and the County allocate certain maintenance responsibilities between themselves as follows: (iJ Mowing the arass and weed' whackina the fence lines ore the responsibilities of the School Board, lm The maintenance of the duo out. includina the removal of araffiti and the replacement of damaaed or rotten wood. is an equallv shared responsibility of the School Boord and the County. (Jill The County Is resoonslble for draaalng and preparina the tield:llnlna Is the responslbllifv of the partY sponsoring any non-related school actiyltJes. The School Board Is responsIble for Iinlna the field for ,all school related functions. (ivl The maintenance of on-field equipment such as the bases, Is the responsibilifv of the County. (vi The responslbllifv for the replacement or repair of fencina Is an eaually shared responsibllifv of the School Board and the Counfv. (viI Proyldina fertilizer for the field Is a responsibility of the Counfv. If a field irriaation system is installed. the Installation cost and the maintenance will be an equally shared responsibility of the School Board and the County. , (viii If bleachers are installed by the Counfv, then the maintenance Is an equally shared responsibility of the School Board and the Counfv. (viii) The maintenance of water fountains Is an equally shared responsibility of the School Board and the County. (ixl If Iiahts are installed bv the Counfv, their maintenance Is a County responsibility. (xl The responslbllifv for the restroom custodial services is: Nt A (bl Scheduling. Use of the facilities after hours bv the aeneral public must be coordinated throuah the Counfv's Parks and Recreation Coordinator. The Coordinator will schedule events and activities so that there is no conflict amonq various members of the public who desire to use the facilities and with the School Board sPonsored activities. 4.) This amendment will take effect when a copy Is filed with the Clerk of the Circuit I BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By~~f~ Date: ~ "I-I 9 - ?~ I BY~~C.~~ Deputy Clerk Date: 09'...19- '1(, By ~ ~;)llfL-/ Superintendent of Schools ~5Z~ Date: \~ \ \4 \q\t; \ \ Date: \(, \ IL~( q~ \ oo/conlrocls/schoolO I ----....\ fulDENDm1 KUMBER T~REE ADDENDUM TO INTEP.LOCAL AGREEY.ENT 'i.Jtij' I . FOR MARATHOH HIGH SCHOOL PROPERTY ~ 1 ~11-i i~: ' '. School Board Contract NO.93-19 School Boa~d Resolution No. Agreement made the las t day be 1mV' \-rri tten, by and between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA C1County"), 500 vi'hitehead Street, Key West, FL 33040, and the SCHOOL BOARD OF HOl\ROE COU!-{TY, FLORIDA, ("School Board"), as the .. contracting agent for the Monroe County School District, vihose ,- I address is 242 vn~ite Street, Key West, FL 33040, WIT N E SSE T H: The Ccu.nty and the School Board hereby agree to add this Addendum to th~t certain Interlocal Ag~eement dated the 15th cay of July , 1992, as follows: 1. Addendum fer Each School Site The Counr.y and the School Board have agreed in the "masterll Interlocal Agreement that, for each school recreational space area site to be affected by that Agreement, an Addendum to that Agreement would be made and agreec upon by the Board of County Cc~missioners and the School Board. Eoth the County and the School Board further agreed that each Addendum for 'each school site would specifically delineate further agreements uniquely appropriate to that p~rticular site. NOW, THEREFORE, for and in cons ideration of the Qutual promises, covenants, and obligations contained herein and con- tained in the "master" lnterlocal Agreement the County and the School Board agree as follows: ') - . Pavment of Costs , County agrees to ?ay all costs associated with and for ple.nniLlg, architectural services (except for the architectural services of the School Board Architect), permitting, site prepa- ra tion, purchas ing, maintenanc,; and ins talla tior, of the fac il- ities and improvements on the campus of Marathon High School con- tained and depicted in Exhibit A attached hereto. 3. County's Obli&ation: Construction aLld Installation of Facilities and Irr,provements A. The County agrees to construct and/or install the facilities and improvements referred to ar.d depicted in Exhibit A attached hereto (hereinafter collectively referrec to as the Facilities), subject to budgetary and planning conditions: E. Before commencement of any work all plans and .; +.: to . spec__.Lca...~or..s shall be filed \vith and approved by all govern- Dental departments or authorities having jurisdiction and any public utility company having an interest therein, and all work shall be done in accorcance with requirements of applicable state and local regulations. C. All applications and connections for necessary ,utility services shall be made in the name of, the County, and shall be separately metered; PROVIDED, HOWEVER, that if safe, 2 feasible, and not in violation of any law, rule, or regulation of or pertaining to the affected utility, the County shall be allowed to "tap into" the appropriate existing utility lines, pipes, or service panels, and in such event the County shall provide and install at the County I s expense private utility lIaudit deduct" Uleters for measuring of utility use related to the Facilities. D. County shall be responsible for, and sha::'l pay, all required impact fees, assessments, deposits, and charges and costs 01: \-lhatsoever nature that cay be required by any local, county, state, or feceral entity for application, review, modi- fications of plans or applications, and issuance of all required permits prior to commencement of construction or installation of ,- the facilities or improvements. E. The County shall use reasonable efforts in adher- ing to any schedule or timetaLle for construction and installa- tio~ of the facilities as 2ay be agreed to by the County and the School Board, but such cOTIs:ruction and installation shall also be contingent upon planning and budgetary considerations allowing sarr.e. 4. County's and Scheol Board's Obligations: Haintenan::e. The County and School Board agree thut at all times during the term of this Agreewent the County and School Board shall be jointly and equally responsible to repair, replace and maintain the facilities in. a good, safe, and substantial condition, and safe from any defects which could be reasonably fore~een to cause injury to persons. The County and School Board shall both use 3 all reasonable precautions to prevent waste, damage, or injury to the facilities. Specifically, the School Board shall be respon- sible for mowing of grassed areas and the County shall be respon- sible for all other field maintenance. 5. County's Obligation: Indemnity. County shall indemnify and hold harmless the School Board from and against all reasonably foreseeable expenses, liabilities and claims of every kind, including reasonable counsel fees, by or on behalf of any reasonably foreseeable person or entity arising out of either (1) a failure by County to perform its share of the obligations under any of the terms or conditions of this Agreement, (2) any reasonably foreseeably injury or damage happening on or about the facilities during periods 'i'lhen Coun- ty-approved or related activities are conducted on the facil- ities, (3) failure to corr-ply with any law of any governmental authority, or (4) any reasonably foreseeable mechanic1s lien or security interest filed against the school premises or facil- ities, and directly i~volving and addressing the Cot:'.nty's duties and obligations under this Agree~ent. 6. County's Rights: Use of Facilities. County shall have the right to public use of the facilities for all lawful public purposes net inconsistent with the intent of this Agree~ent and the design of the facilities, including but not limited to County-spcnsored rec!'eation events, public con- certs and performances, and public gatherings which have been issued proper per~its. County agrees that the sche~u1ing of the use of, and the actual use, of the facilities shall not interfere 4 or conflict with any of the School BOard's and Harathon High School's intramural or interscholastic student events, and County will coordinate scheduling of use of the faciliti~s with Marathon High School officials. 7. County's Obligation: Replacement of Facilities: A. Damage to Facilities. If the Facilities or ar.y portion of the Facilities shall be d~maged by the act, default, or negligence of County, or of County's agents, employees, pat!'ons, gues ts , or arq persons admitted to the premises by County or under County's auspices, County shall within a reason- able period of time and if ccono::nically feasible restore the Facilities to their condition just prior to the damage. Con- versely,: if the Facil~ties or any portion of the Facilities shall be damaged by the act, default, or negligence of the School Board, or of the School Board's agents, employees, patrons, guests, or any person admitted to the premises by the School Board or under the School Board t s auspices, the School Board shall with a reasonable period OI time and if economically feasible restore the Facilities to their cor-dition just prior to the damage. 2. Destruction cf Facilities: In the event of a pi?::..-tial or total des truction of the premises during the term or this Agreement froQ any cause, ex~luding cause or causes result- ing from the act or cefault of the School Board, or any of the School Board's agents, employees, patrons, guests, or any person admitted to the premises by the School Board or under the School Board's auspices, the County shall forthwith restore the same as l: oJ soon as reasonably possible and if economically feasible. Any partial ~r total destruction she:l neither annul nor void this Addendum Agreement. The County shall have the option upon total destruction of the facilities to restore Ma~athon High School's premises to the condition the premises were in upon the effective date of this Agreement, and thereafter cancel or terminate this Agreement. 8. School Boardl~ Obligation: Coordination of Construction and Installation. The School Board, through Marathon High Schoo~ officials and the School Board Architect, shall consult '\.;ith and coordinate with the County the planning, construction, installation, schedulirig and use of the Facilities. The design, construction, location, and installation of the Facilities to be placed on the School's premises shall :fi.r's t be approved in wri tine bv "' L1e School Board 1 s representatives, it being the intentions of the County and the School Boa:::-d that the School Board shall ha\ie absolute cont:::-ol over the location ana placement or the Facil- ities upon the Marathon High School's premises. No other struc- tures, improvements, or fixtures shall be placed upon the Mara- ..'I-, 'G' h S 11 l' \"l.on clg C .00_ S premises '\.;ithout prior written permission of the School Board. Ar.y approval required by the School Board hereunder shall not be unreasonably withheld. 9. School Eoard's Obligation: Control over PremisE:s. The School Board agrees that, in the event of the sale, lease or other disposition of the premises currently ow~ed by the School Board upon which the Facilities are located, the School 6 Board shall insure that such lease, sale or other disposition is subj ect to this Addend,um Agreement and will not interfere with the County's rights under this Addendum Agreement, so long as this Addendum Agreemer.t shall remain in full force and effect. 10. School Board's Rights: Use of Facilities. The School Board shall have the right to use the Facilities without interference for outdoor physical education, recreation, or related uses during regular school hours, and during scheduled school use for special purposes from time to time. The School Board, through its Marathon High School officials, shall coordi- nate wich County the use of the Facilities during times outside of regular school hours. To facilitate coordination, the offi- cials ,at: Marathon High School shall provide the County with a written schedule of use or events scheduled by the School, during the School Year, involving the subject Facilities, and the School reserves the right to affienc and revise this schedule from time to time c.uring the school year, provided that :..r such amendments ,vill have an impact upon events or uses of the Facilities previ- ous1y scheduled or planned by the County and made ]~r.own to the School officials at the ti~e of the Countyrs scheduling, then and in that event the County shall have the right to approve 0:;: disapprove the proposed amendment or revision by the School. The School Board shall have the right to cancel or te~inate this lease upon one (1) year's written notice to County upon an initial determination by the School Board that the }farathon High School premises which are the subject of this Addenduo A~reement , t:> are needed primarily for school-related purposes. The School 7 Board shall allow the County to be heard upon the issue prior to the School Board making its final determination, and the School Board shall not act unreasonably in making such a final deter- mination. The School Board shall allO\y the County, as well as any and all citizens of Monroe County, and/or representatives of private non-profit groups who are users 0;: the subj ect recre- ational facility(ies), to be heard upon the issue prior to the School Board making its final determi~ation, and the School Beard shall not act unreasonably in making such a final determination. In the event of such a termination the School Board shall be obligated to pay the County the adjusted value of the Facilities constructed and/or installed by the County, said adjusted value to be determined as of the effective date of telillination. In the event of a material breach ef the te!Ws and conditions of the Addendum Agreement by the Schoel 13oard, the County may elect to cancel this Addendum Agreement and terminate its responsibility ,for operation and maintenance of the f~cilities. As defined by this Agreement, a material breach shall be ODe that substantially departs from the letter and spirit of the terms of this Agreement - ~s delineated in both the l'~aster Agreeoent and the Addendum attached hereto. In the event 0: car.cellation, the School Board shall reiruburse the County for the adjusted value of the facil- ities put in by the County. 11. School Board's Obligations: Supervision of Activities. The School Board shall be responsible for the supervision of all activities involving the use of t~e Facilities which the School Board or Xarathon High School officials have sponsored, 8 scheduled, or over ~hich the School Board would normally exercise control. 12. School Board's Obligations: Pro-Rata Reimbursement to County. The County may cancel this Addendum Agreement and elect to terminate its responsibility for operation and ~aintenance of the Facilities because 0: a material breach of the Addendum Agreement by the School Board. As defined by this Agreement, a material breach shall be one. that substantially departs from the letter a.nd s?irit of the terms of this Agreement. In the event of cancellation the School Board shall, within six (6) months of cancellation, reimburse the County for the adjusted value of the Facilities put in by the County. 13. Non-Assignment This Addendum Agreement may not be assigned, and the County may not rent or sublease any part OI the Facilities, without the express prior written consent of the School Board. This pro- vis ion is not intended to prevent or prohibit: the County from c~arging a user fee to individuals and groups, as provided by the ordinances, resolutions, or policies of the County. 14. Title to Facilities j E~:tE:r.sion of Tern,s of Addel'ldum Upon the expiration of the term of this Addendum Agreement the Faciliti.es shall become the property of the School Board, PROVIDED, HOHEVER, that the County shall have the right to extend the term of this Addendum Agreement for an additional thirty (30) years upon the same terms and conditions as contained herein and in the Ilmaster" Interlocal Agreement to which th AddendUI:l 9 Agreement applies. The County shall give notice by public resolution of the exercis e of this right at leas t ninety t 9 0) days in advance of the normal termination date. 15. Appropriation The County agrees to perform its obligations under Para- graphs 3 and 4 above as ci'l.1ickly as practicable. The County and School Board acknowledge, however, that funds fer the completion of all Facilities may not have been appropriated upon the exe- cution of this Addendum Agreement and performa~ce will be contin- gent upon such appropriations in the future. 16. Notice of Breach; Cure In the event of a breech of any term of this Addendum Agreement by one party, it shall be the obligation of the other party to provide written notice of such breach or violation, and a reasonable period of time shall be allowed for the curing of such breach or violation, the reasonablencss of the tine period being deterrr.ined by the circumstances and nature of the breach. 17. Notice of Unsafe Concitions Each party recognizes that it is in the best interest of both part~es to provide a safe ~ecreationa1 area and each party agrees to utilize its best efforts to provice proper supervision aGO safe conditions during its respective use of the Facilities. In the event that either party becomes aware of an unsafe situa- tion, it shall correct same or, if such is the responsibility of the other p;;rty, notify the other party of the hazard and the need for corrective action. 10 IN WITNESS WHEREOF, the Board of County Cornn:issionel:' oS of Monroe County, Florida, pursuant to a motion duly made, seconded, and passed in regular and open session and by and through its Nayor and Clerk; and the School Board, pursuant to il motion duly made, seconded, and passed in regular and open session and by and through its Chairman and Superintendent, have affixed their respective and representative hands and seals on the dates indicated. (SEAL) ATTEST: DANNY KOLHAGE, Clerk BOARD OF COUNTY COtfrIISSIONERS OF MONROE COUNTY, FLORIDA BY~, .~ -- eput ~ate: r"5'" ~:< By ~ ~l...L...~_ Hayor / Chairman \\ (SEAL) ATTEST: SCHOOL BOARD OF HONROE COUNTY, FLORIDA '_ _ :.r~ t enaen t l a~r:r.an 1)ate: "b . ~ \ - '=1 ;}... .,/-APPROVEj- f,S T":' ~', - ' " .' AND LEGAL 4UF;~:_::::' ,.:-j j.""/ :, By 'I ' f f. J .," ; _ c-...' , Atlome(~ Q;:ICO, ' r. ~ _0) ':--" \ ~..., . '-.... Da18 \- !i. 11 EXEIBIT A lvf.ARATHON HIGH SCHOOL UiPROVEHENTS ATHLETIC IMPROVE~ffiNTS COST ESTlt/1ATES July 21, 1992 \;,~ater and sewer Sanitation fccilities Field grating and surfacing Scoreboard ,. Dugouts, fencing, batting cages Bleachers TOTAL 12 $20,000.00 50,000.00 5,000.00 2,200.00 15,000.00 1,500.00 $93,700.00 'I ~ I ,) . AMENDMENT TO INTER LOCAL AGREEMENt FOR MARATHON SCHOOL PROPERTY This amendment to School Board Contract No. 93-19 is made and entered into by the Board of County Commissioners of Monroe County, Florida, hereafter County, whose address is 5100 College Road, Stock Island, Key West, FL 33040, and the School Board of Monroe County, Florida, hereafter School Board. as the contracting agent for the Monroe County School District whose address is 242 White Street Key West FL 33040. The parties agree to amend School Board Contract No. 93-19, an interJocal agreement entered into on August 5, 1992. as follows: 1.) Subparagraph 3c is amended by the addition of the following: The County has the responsibility for solid waste collection charaes, 2.) ParC?graph 4 is amended to read as follows: 4. County's and School Board's Obligations: l.91 Maintenance. The County and School Board agree that at all times during 'the term of this Agreement the County and School Board shall be jointly and equally responsible to repair, replace and maintain the facilities in a good, safe" and substantial condition, and safe from any defects which could be reasonably foreseen to cause injury to persons. The County and School Board shall both use all reasonable precautions to prevent waste, damage, or injury to the facilities. More Sspecifically, thc School Board shall be responsible for mowing of gfGsseG Gf.ea~nd the County shall be responsible for all other fiold maiR-teRGAGe the School Board and the County allocate certain maintenance responsibilities between themselves as follows: (i) Mowinq the arass and weed whackina the fence lines are the responsibilities of the School Board. Iii} The maintenance of the duaout includina the removal of araffiti and the replacement of damaaed or rotten wood. is an equally shared responsibilitv of the School Board and the County. ..' ..... J (iii) The County is responsible for dragaina and preparina the field; Iinina is the responsibility of the party sponsorina any non-related school activities. The School Board is responsible for Iinina the. field for , all school related functions. (iv) The maintenance of on-field equipment such as the bases, is the responsibility of the County, (v) The responsibilitv for the replacement or repair of fenGina is an eaually shared responsibility of the School Board and the County. (viI Providinq fertilizer for the field is a responsibilitv of the County, If a field irriqation system is installed, the installatio'r,) cost and the maintenance will be an eaually shared responsibility of the School Board and the County, (viii If bleachers are installed by the County, then the maintenance is an eaually shared responsibility of the School Board and the County. (viii! The maintenance of water fountains is an eaually shared responsibility of the School Board and the County. (ix) If liahts are installed by the County, their maintenance is a County responsibility. (x) The restroom custodial services are equally the responsibility of the County and the School Board. The County is responsible for the restroom plumbing and electrical maintenance, (b) Schedulina. Use of the facilities after hours by the qeneraJ public must be coordinated throuqh the County's Parks and Recreation Coordinator. The Coordinator will schedule events and activities so that there is no conflict amonq various members of the public who desire to use the facilities and with the School Board sponsored activities. . 'ii\""'~(,h'/I" V'~-,,1ijjl~l "k\'<;jJ~~lI'':'':'''' '",,;;...-;j!Iff{f/-'.:;,()'l:\:'f\~: " , " " '?!tt~;l:~l~ia~~~7!t:.'.!';,' 'I, ~~,tX~jr,t,ul:11~~'i;il}t.gJj): ";:::"::>\ir.w;j.\it(.;;f.:" ;' . , ' .' . : ...\...~,.'11:::.,~~. ~}Jt... ~,..: .'.~;l~:, ~~];\,.~~~~:;:~::.~_. ,~~'::'~~~'~~\~~J'.~.';;:-.~. ';.1 ,', t. ::.. " ~:~~..;: ./, .>' .~:-..~: :.. .' . , ':" ':i)"tAlI other ferT!'s and conditions of School Board Contract No. 93-19 remain in full " , force and effect. ... 4.) This amendment will take effect when a copy is filed with the Clerk of the Circuit Court of Monroe County. . BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. FLORIDA Date: fJ9- /9.- ,,, BY~6~~~ Mayor/C lrman Date: (J'--lfJ" p~ ~~eWJh _ uperintendent of Scnools Date: 'I,) \ \ ~ \ q ~; \ \ E COUNTY SCHOOL BOARD l:/~ Date: ;(i \,<:.\-\ Q.,(,., \ I B oo/conlrocls/schoolO4 /- () I, ADDE!\"Dl"-M NL"MBER FOUR . oj :.,' ", ') ADDENDL~ TO INTERLOCAL AGREE}ffiNT '(f" ,,/L.!::: I . ~ .. I ... FOR STANLEY SWI7LIK ELEMENTARY SCHOOL PROPERTY :-1 Jfii~.~:: School Boa~d Contract No. 93-20 School Board Resolution No. Agreement made the last day below written, by and between the BOARD OF COm~TY Cm1MISSIONERS OF MONROE COUNTY) FLORIDA ("County"), 5 00 \-.'Thi tehead Stree t, Key '\Test, FL 33040) and the SCHOOL BOARD OF 110~ROE CClJNTY, FLORIDA, ("Schoo 1 Boar'd Il'), as the contra~ting agent for the Honroe County School District, ~\Those ) address is 242 ~nite Street, Key West, FL 33040, ~ I T N E SSE T H: The County and -che School :Board hereby agree to add thi,s Addendum to that certain Interlocal Agree~ent dated the -. 15th day of July , 1992, as follows: 1. Addendu~ for Each School Site The County and the School Boarc have agreed in ~he "master'l Interlocal Agreement tl1at, for each school recreational space area site to be affected by that Agreement, an Addendum to that Agreement would be made and agreed upon by the Board of County Commissioners and the School Board. Both' the County~ and the School Board further agreed that each Addendum for "each school site would specifically delineate further agreements uniquely , appropriate to that particular site. NOW, THEREFORE, for and in consideration of the mutual promises, covenants, and obligations contained herein and con- tained in the "master" Intet'local Agreement th~ County and the School Board agree as follows: 2. Payment of Costs County agrees to pay all costs associated with and for planning, architectural services (except for the architectural services of the School Board Architect), permitting, site prepa- ration, purchasing, maintenance and installat~.on of the facil- ities and improvements on the campus of Stanley Switlik Elemen- tary School contained and depicted in Exhibit A attached hereto. 3. ( Countr'e Obligation: Construction and Installation of FBcillties ana Improvements A. The County agrees to construct and/or install the facilities and improvements referred to and depicted in Exhibit A attached hereto (hereinafter collectively referred to a8 the Facilities), subject to budgetary and planning conditions: B. Before commencement of any work all plans and specifications shall be filed "lith and approved by all govern- mental departments or authorities having jurisdiction and any public utility company having an interest therein, and all work shall be done in accordance with requirements of applicable state and local regulations. C. All applications and connections for necessary I I I I , I I ! utility services shall be made in the name of the County, and 2 I I I I i J : " , ~". ...~~.~~~,~'..:,:. "'': :'";'::'.:: ::~~"~~(l>')'?'!#':"'.~'~"""';~"\.':'ol"~~ that if safe, shall be separately metered; PROVIDED, HOWEVER, (. U. Jll I Jlll, .II., L, ',_ ,.,1 Jl.JI. ,.-,..../~.rT. H' ..n~J..'. ...... .... . ." 0.:".:.", ,..' . '.' .-0" ":~;." . ". : ........ -. .- v \ feasible, and not in violation of any law, rule, or regulation of or pertaining to the affected utility, the County shall be allowed to "tap into" the appropriate existing utility lines, pipes, 'or servlce panels, and in such event the County sha.ll provide and install at the County's expense private utility "audit deduct" meters for measuring of utility U8e related to the ( " Facilities. D. County shall be responsible for, and shall pay, all required impact fees, assessments, deposits, and charges and costs of whatsoever nature that may be required by any local, county, state, or federal entity for application, review, modi- fications of plans or applications, and issuance of all required permits prior to commencement of construction or in8t~11ation of the facilities or improvements. E. The County shall use reasonable efforts in adher- ing to any schedule or timetable for construction and installa- tion of the facilities as may be agreed to by the County and the School Board, but such construction and installation shall also be contingent upon planning and budgetary considerations allowing same. 4. County's and School Board's Obligations I Maintenance. The County and School Board agree that at all times during the ten: of this Agreement the County and School Board shall be jointly and equally responsible to repair, replace and maintain the facilities in a good, safe, and substantial condition, and safe from any defects which could be reasonably foreseen to cause injury to persons. The County and School Board shall both use 3 / , ~~~::-:~~::.~~:.....;~.:.. ~ ~~::-~;~'~'~~~~:;:~:'::~':.~;~:;~:~':;~~'~-~.~"1-~:.~ '~':""t~~-t ~ ''';.'00:. .,,~.'~...~._:,..;.... ".' I I I I I I I , I I b all reasonable precautions to prevent waste, damage, or injury to ') the facilities. Specifically, the School Board shall be respon- sible for ~owing of grassed areas and the County shall be respon- sible for all other field maintenance. 5. County's Obligation: Indemnity. County shall indeumify and hold harmless the School Board from and. against all reaso~ably foreseeable expenses, liabilities and claims of every kind, including reasonable counsel fees, by or on behalf of any reasonably foresEeable person or entity arising out of either (1) a failure by County to perform its share of the obligations under any of the terms or conditions or this Agreement, (2) any reasonably foreseeably injur'y' or dam?-ge happening on or about the facilities during periods wheu Coun- ,) cy-approved or related activities are cenducted en the facil- ities, (3)' failure to comply with any law of any goverr~ental authority, or (4) any reasonably icreseeable cechanic's lien or security interest filed against the schoel oreolses or facil- . " ities, and ~irectly involving and addre~sing the County'~-duties a~d obligations under this Agreement. 6. Cou~ty's Rights: Use of Fccilities. C0~nty shall h~ve tbe right to public use of the facilities for all lawful public purposes not inconsistent with the intent of this Agreement and tbe design of the facilities, including but not liI!1ited to County-sponsored re~reation events, public con- certs and periormances, and public gatherir.{;s which 1have been issued proper permits. County agrees that the scheduling of the \ ) use of, and the actual use, of the facilities shall not interfere 4 or conflict with any of the School Board's and Stanley Switlik Elementary School's intramural or interscholastic student eve~ts, and County will coordinate scheduling of use of the facilities with Stanley Swit1ik E1e~entary School officials. 7. County's Obligation: neplacecent of Facilities: A. Damage to Facilities. If the Facilities or a.ny portion of the Facilities shall be damaged by the act, default, or negligence of County, or of County's agents, employees, patrons, guests, or any persons admitted to the premises by County or under County's auspices, County shall within a reason- able period of tice end if econcnlical1y fea.sib1e restore the Facilities to their conditicn just prior to th~ d~.mage. Con- versely, if the Facilities or any portiori of the Facilities shall he damaged by the act, default, or negligence of i:he School ) board, or 'of the Schoo~ Eoard's agents, e~Floye~s, petrons, f,t:ests, or eny person c::dmi tted to the pr~I:lises by i:he School board or under the School Board I s auspices, the School :3oard ~hall with a reasonable pe~iod of time and if econc~ically feasible restore the Fecilities to their condition just p~ior to the da!llClge. B. Destruction of Facilities: In the event of a partial or total dest~ction or the.premises during the term of this Agree~ent from any cause, excluding cause or causes result- ing from the act or ~efault o~ the School Board, or any of the School Board's agents, employees, patrons, guests, or any person ~ a~nitted to the premises by the School Board or uncer the School \) Eoard's acspices, the County shall for~hwith restore the same as 5 ) soon as reaso~ably possible and if economically feasible. Any partial or totol de,structic-n shall neither annul nor void this Addendum Agreement. The County shall have the option upon total destruction of the facilities to restore Stanley Switlik EleEen- tary Sc~ool's premises to ~he condition the prewises ~€rc in upon the effective date of this Agreement, and thereafter cancel or terminate this Agreereent. 8. School Board's Obligation: Coordination of Construction and Installation. The School Board, through Stanley Svitlik Elementary School officials and the Scheol Board Architect, shall consult with and coordin~te with the County the planning, constructien,' installa- ) str\;ction, location, and installation of the Facilities to be tion, sche.c.uling end use of the Facilities. The design, con- ~Yriting by the School Board's representatives, it beir.g the , . p_8Cec. 0:1 t:he School's premises shall first he approved in inter.tions of the County and the School Boa.rd that the School Board shall have absolute control over the loc~tion and placeBent of the Facilities upcn the Stanley Switlik Elementary School's precises. No othel- structures, improvements, or fixtures shall be placed upon the Stanley Switl~k Elementary School's premises without prior written peru.ission OI the School Board. Any approval required by the Scheol Board hereunder' shall ~ot be unreasor.ebly ~vithheld. 9. School Board's Obligation: Control over Fr~mises. Th~ School Board agrees that, in the event' of the sale . ) lease or other disposition of the premises furrently o~~ed by the 6 Schocl Zoard upon which the Facilities are , , ...ocateQ, the School ) Board shall insure that such le~se, sale or other dispocition is subject to this Addendum Agree~ent and ""ill not interfere with the County's rights unde,r this Addendum Agreement, so long as this Addendum Agreecent shall rewain in full fcrce and effect. 10. School Board's Rights: Use of Facilities. The School Board stall have the right to use the Facilities without inter:erence for outdoo= physical education, recxeation, or related uses during regular school hours, anc during scheduled school use for special purposes from time to ti~e. The School 20ard, through its Stanley Swi tlik Ele,mentary School officic:.l s , shall coordinc:.te i,~ith County the use of the F~cilities c~ring tices outside of regular sebcol hours. ~o facilitate coordin~- ,,'~- " ) tion. the officials at Stanley Switlik Elementary Scheol shall provide the Cot:.nty 'tdth a v.7ritten schedule of use or evel':ts scheduled by the Scl:col, curing the School Year, involvir,g the subject Facilities I and the School reserves the right to arr.e::;c and revise this schedule from tiu:e to ti:Le during the- schoc,l year, provided that if. such amendmeDts will have c~ impact upon events or uses of the Facilities previously scheduled 0r planned by tl:e Co'Un:y and u:ade kno~m to the School officia.ls at the tiDe 0= tte County IS seheculing, then arId in that ever.:: the Cot:.nty shall have the right :0 ~Fprove or disapprove the proposed acen~ent ~r revision by the School. The School noard shall have the right to ca~cel or terminate 4 ) thi!> ,lease upor. one (1) year' 5 written notice to County upon an initial cetermination by the School Board that the St8nley 7 ) Switlik Elementary School preeises which are the subject of this Addendum Agreement are r.eeded primarily for school-related purposes. The School Board shall allow the County to be heard upon the issue prior to the School Board ~aking its final deter- mination, and the School Board shall not ac t unreasol1.o.bly in ~aking such a final determination. The School Board shall allow the County, as well as any iind all citizens of Monroe County, and/or representatives of private non-profit groups ~ho are users of the subject recreational facility(ies); to be heard upon the issue prior to the School Board making its final detercination, and the School Board shall not act unreasonably in making such a final determination. " . In the event of such a 'termination the School Board shall be obliga~ed to pay the County the adjusted ) "alue of the Facilities constructed and/or installed by the Co~nty, said adjust~c value to be determined as of the ef=ective date of termination. In the event of a material braach of the terr:::s and conditions of the Addendum Agreement by the Sch991 Board, the County may elect to cancel this Addendum Agreement and b"l ..l" - terminate its Iesponsi ~ ity for cperation an~ ma~ntenance OI the facilities. As defined by this Agreement,' a Illaterial breach ) shall be one that substantially departs from the letter 'and &pirit of tee terms of this Aeree~ent - as delineated in both the Master Abreement and the Addendum attached hereto. In the event of cancellation, the School Board shall reimburse the County for the adjusted value of the facilities puc ih by the County. 11. School Board's Obligations: Supervision:of Activities. 8 )j The School Board shall be responsible for the supervision of all activit::.es involvinc; t~e use of the Facilities which the School Board or Stanley Switlik Elementary Scheol offici~ls have sponsored, scheduled, or ove= which the School Board ~culd normally exercise control. 12. School Board1s ObliF,etions: Pro-Rata Reimbursement to County. The County may cancel this Addend~u AgreeEe~t and elect to termi~ate its responsibility for operation arad roaintena~ce of the Facilities because of a ri:c:.terial breach of the Addendum Agreen:ent by the School Board. As defined by this Agree~ent, a material brcach,shall be one that substantial17,departs' from the letter /"" ~~ a.nd spirit of the te:-r::s of this Agreement. In the event of ) cancellation the School Board shall, 'Hithin six (6) months of cancellation, re~~burse the County fur the adjusted value of the Fac~lities put in by :he County. 13. Non-Assi~llment , This Accendum AgreecEnt ~ay net be assigned, and the County may not rent or sublease any part of the Facilities, without the exp:'css prior written conse~t of the School :Soard. 'T},~ .,u_ S pro- vision is not inter.ded to prevent or prohib:.~ the Count-,; ::roo . ~ charging a user fee to individuals an~ groups, as p~cvided by the ordinances, resolutions, or policies of the County. 14. Ti.~le to Fac::.lities; Extension of Terms of Addendum. ) Upcn the expiration of the term of this AddendUm Agreement the Facilities shf.ll become tr.e property of, the' School Eourd, PROVIDED, h~.~VER, that the County sh111 have the right te extend 9 ") the term of this Addendum Agreement for an additional thirty (30) ) years upon the same teres and conditions as contained herein and in the "master" Interlocal Agreement to which th Addendum Agree- Gent applies. The County shall give notice by public resolution of the exercise of this right at least ninety (90) days in advance of the normal terreination cate. 15. Appropriation The COU':1ty agrees to perform its obligations under Para- graphs 3 and 4 above a5 quickly as practicable. The County and School Board acknowledge, hewever, that funds fer the completion or all Facilities ~ay not have been appropriated upon the exe- " cution "of this Addendum Agree~ent and performance' will be contin- ) gent upon such appropriations in the :uture. 16. Notice of Breach; C~=e In the event of a brec:ch of any term of this Addendum . t b t. t '"', 1 b "''h b'." f th '-- ./"'l.greemen Y one pal" Y, ~ s~.a- .e ~..e 0 ...~gatl.on 0 .e otuer party to provide ~ritten notice of such breach or violation. and -. a reasonable period of time shall be allowed for tte curing of , , such breach cr violation, the reasonableness of the time period being deter~ined by the circ~stances and nature of the breach. 17. Notice of Unsafe Co~ditions Each party l.'ecognizes tr.at it is in the best interest of ) both partie~ to provi~e a safe recreational area and each purty agrees to ~tilize its best efforts' to provide proper supervision and safe conditions during its respective use of the~ Facilities. In the event that either party becomes aware of an unsafe situa- tion, it shall correct same cr, if such is' the responsibility of 10 ') \ r ;1' ) " ) the other party, notify the other party of t1:e hazard. ar.c the need for corrective ~ction. IN UI'INESS ~mEREOF, the Beard oi County Ccn:missioncrs of lfunroe County, Florida, pursuant to a motion duly made, seconded, and passed in regular an~ open session and by and through its Hayer and Clerk; and the School BO,or j, pursuant to a IUotion duly made, seconded, and passed in regular ~nd open session a~c by a~d through its Chairman and Sup~rintendent, have affixed their respective and representative hands and seals on the dates . . . ... . ::.n<ll.cal.ea. (SEAL) ATTEST:' DLNNY KOLP~~GE, Clerk BO;...RD OF COUNTY CCl.~~I S S IONERS OF IviCl:?,O~ COUNT~-, FLOiUtA D)"~LJt7_a Depu'-.:y , 7 Date: 1=-S--92 . ..... I' B ~~____'t>~~ y ~~c.yor/Chairi!.:::.n . ( S EA.L ) ATTEST: SCHOOL BOP~{D OF MONROE COnny, FLORItA ~ . I, I H~p -- - ...... rl.....~..__ , e_.4n...enucn... ~ ...- - // 'R..-J /.,/ ~ ~ Y ",/),be.r-e..o; ~_.J 1/""" - Geralain~ T. Caroil, Chairman Date: ~- S\-'=\~ AP?='CYED AS TO F-V;:,'.1 A....:;) LEGIJ. SlJFFjCIEJ.jC Yo " r By I'." . Of IonXf)Ii y.~ O.~v.;tI r. ~ "", .~ ....~ ...... ... .. '" {)8JS 11 .\ EXHIBIT A STANLEY SWITLIK ELEMENTARY SCHOC/L Il-'J>ROVn1EKTS ATHLETIC IMFROVE}lliYfS CCST ESTIEATES July 22, 1992 r---' ,) hTater and se'Y:er Sanitation facilities Field grating a~d surfacing Scoreboard Dugouts, fencir.g, batting cages Bleachers $~O,OOO.OO 50,000.00 5,000.00 - 2,200.00 15,000.00 l,50e.eO TOTAL $93,700.00 .. ) 12 AMENDMENT TO INTERLOCAL AGREEML, ,,' FOR STANLEY SWITUK ELEMENTARY SCHOOL PROPERTY This amendment to School Board Contract No. 93-20 Is made and entered Into by the Board of County Commissioners of Monroe County, Florida, hereafter County, whose address is 5100 College Road. Stock Island, Key West. FL 33040, and the School Board of Monroe County, Florida. hereafter Schoof Board, as the contracting agent for the Monroe County School District. whose address is 242 White Street. Key West, FL 33040. The panies agree to amend School Board Contract No. 93-20, an interlocal agreement entered into on August 5. 1992, as follows: 1.) Subparagraph 3c is amended by the addition of the following: The Counfv has the responsibilifv for solid waste collection charaes. The Counfv is also responsible for the charqes for the facilitv electricifv. The Counfv is to be billed directly for such charQes. ' 2.} Paragraph 4 is amended to read as follows: 0- ~ 'i 4, County's and School Board's Obligations: 1ill Maintenance, The County and School Board agree that at all times during the term of this Agreement the County and School Board shall be jointly and equally responsible to repair, replace and maintain the facilities in a good, safe,. and substantial condition, and safe from any defects which could be reasonably foreseen to cause injury to persons. The County and Schoof Board shall both use all reasonable precautions to prevent waste, damage, or injury to the facilities. More Sspecifically, the School Board shall be responsible for mowing of grassea Gr-eG5-Goo-tAe-GGuRty-sAG~sjele-fGr-GIkHAef HelG-meiAteAGAGe the School Board and the Counfv allocate cenain maintenance responsibilities between themselves as follows: {iJ MowinQ the Grass and weed whackinG the fence lines are the responsibilities of the School Board. (--. Iii! The maintenance of the dUQout. including .' the removal of Graffiti and the replacement of g.omaaed or rQlle!L..~ood. is an., equally shared r~,monsibilitv of the., School Board and the County. rim The County Is responsible for dragaina and preparina the field; Iinlna Is the responslbllitv of the party sponsorina any non-related school activities. The School Board Is responsible for linin a the field for .011 school related functions. (iv) The maintenance of on-field eauipment such as the bases, is the responsibilitv of the County. {vi The responsibilitv for the replacement or repair of fencina is an equally shared responsibilitv of <" the School Board and the County, Ivil Providinq fertilizer for the field is a responsibilitv of the County, If a field irriqation sysfem is installed, the installation cost and the maintenance will be an eaually shared responsibilitv of the School Board and the County. Iviil If bleachers are installed by the County, then the maintenance is an equally shared responsibility of the School Board and the County. {viii I The maintenance of wafer fountains is an equally shared responsibilitv of the School Board and the County. {ixl If fjqhts are installed by the County. their maintenance is a County responsibility. Ixl The responsibilitv for the indoor restroom custodial services is the School Board's. Ibl Schedulinq, Use of the facilities after hours by the oeneral public must be coordinated throuoh the County's Parks and Recreation Coordinator. The Coordinator will schedule events and activities so that there is no conflict amona various members of the public who desire to use the facilities and with the Schoof Board sponsored activities, , ""',:(~:l~f,;~~?j}:;:?<:?~~'/'f{ . , , '" ...... ~'J';'i::/<~~,: ... .' . ":', '-force and eTfect~ . ,':\i.~f;~Wf.~(~,t?y;: " . Court of Monroe County. .4.J ,This amefldment will take effect when a copy Is filedwfth the Clerk of the Circuit By Date: Deputy Clerk ~9-1' -,'- .~~. "'$ ,''''''''- ~ t f S h I ' . . upenntenuen 0 C 00 S BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. FLORIDA ., c;~!~ Date: 1 ()9~/9.1/~ Dafe: \ (, \ \ ~ \ <{v> \ , oo/conlrocls/schoolO5 / Date: I ~ \ \ 1..\ \ q v; \ B ADDENDill1 NUMBER FIVE ADDENDUM TO INTERLOCAL AGREEMENT FOR CORAL SHORES HIGH SCHOOL PROPERTY School Board Contract No. 93-42 School Board Resolution No. 405 Agreement made the last day below written, by and between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (lICO'llntY"), 500 Whitehead Street, Key West, FL 33040, and the SCHOOL BOARD OF HONROE COUNTY, FLORIDA, ("School Boardll), as the contracting agent for the Monroe County School District, whose address is 242 White Street, Key 1.Jest, FL 33040, WIT N E SSE T H: The County and the School Board hereby agree to add this Addendum to that certain Interlocal Agreement dated the 15th day of July, 1992, as follows: 1. Addendum for Each School Site The County and the School Board have agreed in the l'master" Interlocal Agreement that, for each school recreational space area site to be affected by that Agreement, an Addendum to that Agreement vlOuld be made and agreed upon by the Board of County Commissioners and the School Board. Both the County and the School Board further agreed that each Addendum for each school site would specifically delineate further agre~ments uniquely appropriate to that particular site. NOW, THEREFORE, for and in cons ideration of the mutual promises, covenants, and obligations contained, herein and con- tained in the "master" Interlocal Agreement the County and the School Board agree as follows: 2. Payment of Costs County agrees to pay all costs associated with and for planning, architectural services (except for the architectural services of the School Board Architect), permitting, site prepa- ration, purchasing, maintenance and installation of such facil- ities and improvements, if any, on the campus of Coral Shores High School which, if required, shall be agreed to in a supple- mental agreement hereto, which supplemental agreement (hereinaf- ter "supplemental agreement") shall be in writing and executed by both parties. Countr's Obli~ation: Construction and Installation of Facil~ties an Improvements A. The County agrees to construct and/or install the facilities and improvements referred to and depicted in the 3. aforedescribed supplemental agreement (hereinafter collectively referred to as the Facilities), subject to budgetary and planning conditions: B. Before commencement of any work all plans and specifications shall be filed with and approved by all govern- mental departments or authorities having jurisdiction and any public utility company having an interest therein, and all work shall be done in accordance with requirements of appli~able state and local regulations. 2 C. All applications and connections for necessary utility services shall be made in the name of, the County, and shall be separately metered; PROVIDED, HOWEVER, that if safe, feasible, and not in violation of any law, rule, or regulation of or pertaining to the affected utility, the County shall be allowed to "tap intoll the appropriate existing utility lines, pipes, or service panels, and in such event the County shall provide and install at the County's expense private utility lIaudit deductll meters for measuring of utility use related to the Facilities. D. County shall be responsible for, and shall pay, all required impact fees, assessments, deposits, and charges and costs of whatsoever nature that may be required by any local, county, state, or federal entity for application, review, modi- fications of plans or applications, and issuance of all required permits prior to commencement of construction or installation of the facilities or improvements. E. The County shall use reasonable efforts in adher- ing to any schedule or timetable for construction and installa- tion of the facilities as may be agreed to by the County and the School Board, but such construction and installation shall also be contingent upon planning and budgetary considerations allowing same. 4. County's and School Board's Obligations: , Maintenance. The County and School Board agree that at all times during the term of this Agreement the County and School Board shall be jointly and equally responsible to repair, replace and maintain 3 the facilities in a good, safe, and substantial condition, and safe from any defects which could be reasonably foreseen to cause injury to persons. The County and School Board shall both use all reasonable precautions to prevent waste, damage, or injury to the facilities. Specifically, the School Board shall be respon- sible for mowing of grassed areas and the County shall be respon- sible for all other field maintenance. 5. ~oth Parties' Obligation: Indemnity. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees, contractors, and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity and the limitations set forth in Section 768.28, Florida Statutes. 6. County's Rights: Use of Facilities. County shall have the right to public use of the facilities for all lawful public purposes not inconsistent \vith the intent of this Agreement and the design of the facilities, including but not limited to County-sponsored recreation events, public concerts and performances, and public gatherings which have been issued proper permits. County agrees that the scheduling of the use of, and the actual use, of the facilities shall not interfere or conflict with any of the School Board's and Coral Shores High School's intramural or interscholastic student events, and County will coordinate scheduling of use of the facilities with Coral Shores High School officials. 4 7. County's Obligation: Replacement of Facilities: A. Damage to Facilities. If the Facilities or any portion of the Facilities shall be damaged by the act, default, or negligence of County, or of County's agents, employees, patrons, guests, or any persons admitted to the premises by County or under County's auspices, County shall within a reason- able period of time and if economically feasible restore the Facilities to their condition just prior to the damage. Con- versely, if the Facilities or any portion of the Facilities shall be damaged by the act, default, or negligence of the School Board, or of the School Board's agents, employees, patrons, guests, or any person admitted to the premises by the School Board or under the School Board 1 s auspices, the School Board shall with a reasonable period of time .and if economically feasible restore the Facilities to their condition just prior to the damage. B. Destruction of Facilities: In the event of a partial or total destruction of the premises during the term of this Agreement from any cause, excluding cause or causes result- ing from the act or default of the School Board, or any of the School Board's agents, employees, patrons, guests, or any person admitted to the premises by the School Board or under the School Board's auspices, the County shall forthwith restore the same as soon as reasonably possible and if economically feasible. Any partial or total destruction shall neither annul nor void this Addendum Agreement. The County shall have the option' upon total destruction of the facilities to restore Coral Shores High 5 School's premises to the condition the premises were in upon the effective date of this Agreement, and thereafter cancel or terminate this Agreement. 8. School Board's Obligation: Coordination of Construction and Installation. The School Board, through Coral Shores High School officials and the School Board Architect, shall consult with and coordinate with the County the planning, construction, installation, scheduling and use of the Facilities. The design, construction, location, and installation of the Facilities to be placed on the School's premises shall first be approved in writing by the School Board's representatives, it being the intentions of the County and the School Board that the School Board shall have absolute control over the location and placement of the Facil- ities upon the Coral Shores High School's premises. No other structures, improvements, or fixtures shall be placed upon the Coral Shores High School's premises without prior written permis- sion of the School Board. Any approval required by the School Board hereunder shall not be unreasonably withheld. 9. School Board's Obligation: Control over Premises. The School Board agrees that, in the event of the sale, lease or other disposition of the premises currently owned by the School Board upon which the Facilities are located, the School Board shall insure that such lease, sale or other disposition is subj ect to this Addendum Agreement and will not interfere with the County's rights under this Addendum Agreem~nt, so long as this Addendum Agreement shall remain in full force and effect. 6 10. School Board's Rights: Use of Facilities. The School Board shall have the right to use the Facilities without interference for outdoor physical education, recreation, or related uses during regular school hours, and during scheduled school use for special purposes from time to time. The School Board, through its Coral Shores High School officials, shall coordinate with County the use of the Facilities during times outside of regular school hours. To facilitate coordination, the officials at Coral Shores High School shall provide the County with a written schedule of use or events scheduled by the School, during the School Year, involving the subject Facilities, and the School res~rves the right to amend and revise this schedule from time to time during the school year, provided that if such amendments will have an impact upon events or uses of the Facil- ities previously scheduled or planned by the County and made known to the School officials at the time of the County's scheduling, then and in that event the County shall have the right to approve or disapprove the proposed amendment or revision by the School. The School Board shall have the right to cancel or terminate this lease upon one (1) year's written notice to County upon an initial determination by the School Board that the Coral Shores High School premises which are the subj ect of this Addendum Agreement are needed primarily for school-related purposes. The School Board shall allow the County to be heard upon the issue / prior to the School Board making its final determination, and the School Board shall not act unreasonably in making such a final 7 determination. The School Board shall allow the County, as well as any and all citizens of Monroe County, and/or representatives of private non-profit groups who are users of the subject recre- ational facility (ies), to be heard upon the is sue prior to the School Board making its final determination, and the School Board shall not act unreasonably in making such a final determination. In the event of such a termination the School Board shall be obligated to pay the County the adjusted value of the Facilities constructed and/or installed by the County, said adjusted value to be determined as of the effective date of termination. In the event of a material breach of the terms and conditions of the Addendum Agreement by the School Board, the County may elect to cancel this Addendum Agreement and terminate its responsibility for operation and maintenance of the facilities. As defined by this Agreement, a material breach shall be one that s11bstantially departs from the letter and spirit of the terms of this Agreement - as delineated in both the Haster Agreement and the Addendlll11 attached hereto. In the event of cancellation, the School Board shall reimburse the County for the adjusted value of the facil- ities put in by the County. 11. School Board's Obligations: Supervision of Activities. The School Board shall be responsible for the supervision of all activities involving the use of the Facilities which the School Board or Coral Shores High School officials have spon- sored, scheduled, or over which the School Board would normally exercise control. 8 12. School Board's Obligations: Pro-Rata Reimbursement to County. The County may cancel this Addendum Agreement and elect to terminate its responsibility for operation and maintenance of the Facilities because of a material breach of the Addendum Agreement by the School Board. As defined by this Agreement, a material breach shall be one that substantially departs from the letter and spirit of the terms of this Agreement. In the event of cancellation the School Board shall, within six (6) months of cancellation, reimburse the County for the adjusted value of the Facilities put in by the County. 13. ~on-Assign~ This Addendum Agreement may not be assigned, and the County may not rent or sublease any part of the Facilities, without the express prior written consent of the School Board. This pro- vision is not intended to prevent or prohibit the County from charging a user fee to individuals and groups, as provided by the ordinances, resolutions, or policies of the County. 14. Title to Facilities; Extension of Terms of Addendum Upon the expiration of the term of this Addendum Agreement the Facilities shall become the property of the School Board, PROVIDED, HOI.mVER, that the County shall have the right to extend the term of this Addendum Agreement for an additional thirty (30) years upon the same terms and conditions as contained herein and in the "master" Interlocal Agreement to which th Addendum Agree- ment applies. The County shall give notice by public" resolution 9 of the exercise of this right at least ninety (90) days in advance of the normal termination date. 15. Appropriation The County agrees to perform its obligations under Para- graphs 3 and 4 above as quickly as practicable. The County and School Board acknowledge, however, that funds for the completion of all Facilities may not have been appropriated upon the exe- c\ltion of this Addendum Agreement and performance will be contin- gent upon such appropriations in the future. 16. Notice of Breach; Cure In the event of a breach of any term of this Addendum Agreement by one party, it shall be the obligation of the other party to provide written notice of such breach or violation, and a reasonable period of time shall be allowed for the curing of such breach or violation, the reasonableness of the time period being determined by the circumstances and nature of the breach. 17. Notice of Unsafe Conditions Each party recognizes that it is in the best interest of both parties to provide a safe recreational area and each party agrees to utilize its best efforts to provide proper supervision and safe conditions during its respective use of the Facilities. In the event that either party becomes aware of an unsafe situa- tion, it shall correct same or, if such is the responsibility of the other party, notify the other party of the hazard and the need for corrective action. 10 IN WITNESS WHEREOF, the Board of County Commissioners of Monroe County, Florida, pursuant to a motion duly made, seconded', and passed in regular and open session and by and through its Mayor and Clerk; and the School Board, pursuant to a motion duly made, seconded, and passed in regular and open session and by and through its Chairman and Superintendent, have affixed their respective and representative hands and seals on the dates indicated. (SEAL) Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY CO}lliISSIONERS OF MONROE COUNTY, FLORIDA BY~ C. fJrv~ Deputy ClerJt Date:_Ma/d\. Y'1, lq~ Y. a~rman (SEAL) ATTEST: SCHOOL BOARD OF MONROE COUNTY, FLORIDA ~{t-b-l.JL--'- Robert G. Walker, Superintendent ~~ By ; C arence i ips, ~rman Date: ~-lC-9~ coniicoralshoreshi A.'",'O'''O A~ W# ..' ,..... . ." ..! '. .;:-:.'r:'-: .-:" :::.' '. ~, ~ - ~ ',,~"';- :. ~-~4~;!3 , /- 11 CORAL SHORE HIGH SCHOOL ATHLETIC IMPROVEMENTS COST ESTIMATE January 25, 1994 Perimeter Fencing Approx. 500 lin ft. @ $14.6 lin. ft. Backstop netting Approx. 1050 sq. ft. @ $.60 sq.tt;, Bases for fields 3 sets @ $400 sef 7,300.00 600.00 1,200.00 Trash Cans 480.00 12 - 55 gal. drums @ $40 ea. Batting Tunnel Frame @ .$,650 Netting @ $600 Installation @ $450 3asketball Goals 8 goals @ $125 ea. 1,700.00 1,000.00 TOTAL $12,280.00 . \< - &...\ AMENDMENT TO INTERLOCAL AGREEMEN I FOR CORAL SHORES HIGH SCHOOL PROPERTY This amendment to School Board Contract No. 93-42 Is made and entered into by the Board of CO,unty Commissioners of Monroe County, Florida, hereafter County. whose address is 5100 College Road, Stock Island, Key West, FL 33040, and the School Board of Monroe County, Florida. hereafter School Board, as the contracting agent for the Monroe County School District, whose address is 242 White Street. Key West, FL 33040. The parties agree to amend School Board Contract No. 93-42, an interlocal agreement entered into on March 24, 1994, as follows: 1.) Subparagraph 3c is amended by the addition of the following: The County has the responsibility for solid waste collection charQes, 2.) Paragraph 4 is amended to read as follows: 4. County's and School Board's Obligations: 1.Ql Maintenance. The County and School Board agree that at all times during the term of this Agreement the County and School Board shall be jointly and equally responsible to repair, replace and maintain the facilities in a good, safe. and substantial condition, and safe from any defects which could be reasonably foreseen to cause injury to persons. The County and' School Board shall both use all reasonable precautions to prevent waste, damage, or injury to the facilities. More Sspecifically, the School Beard shall be responsible for mowing of grasseG areas and the County shall bc rcsponsiblc for all othcr field maiAfenancc the School Board and the County allocate certain maintenance responsibilities between themselves as follows: Iil Mowina the arass and weed whackina the fence lines are the responsibilities of the School Board, Iii) The maintenance of the duaout. includin~ lhe removal of araffili and the replacement of damaaed or rotten wood, is an equallv shared responsibilitv of the School Board and the County. riiil The Counfv Is responsIble for draaolna and preparina the field; linin a Is the responslbllifv of the partY sponsorina any non-related school activities. The School Board is responsible for Iinino the field for all school related functions. fivl The maintenance of on-field equipment, such as the bases, is the responsibllifv of the Counfv, (vI The responsibility for the replacement or repair of fencina is an equally shared responsibility of the School Board and the County. (vii Providina fertilizer for the field is a responsibilitv of the County. If a field imaation system is installed, the installation cost and the maintenance will be an equally shared responsibilitv of the School Board and the County. (vii) If bleachers are installed by the Counfv, then the maintenance is an equally shared responsibilifv of the School Board and the Co un tv. (viii) The maintenance of water fountains is an equally shared responsibility of the School Board and the County. fixl If liahts are installed by the Counfv, their maintenance is a Counfv responsibility. (x) The responsibilitv for the indoor restroom custodial services is the School Board1s. Ib) Schedulina. Use of the facilities after hours by the Qeneral public must be coordinated throuah the Counfv's Parks and Recreation Coordinator. The Coordinator will schedule events and activities so that there is no conflict amona various members of the public who desire to use the facilities and with the School Board sponsored activities. H -_0.11__1.'_. ,,,.; .-,...... ._tl......U.. HI IVH force and effect. 4.) This ame,n~ment will take effect when a copy Is filed with the Clerk of the Circuit BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA B~~~ Date: 09-'9 -f" Date: 09-/9- 9'- BY~~ _ Superintendent of Schools MONRO .c9~UNlY SCHOOL BOARD -- \ (, \.L~ '_, Date: lU'\ \~ \ Cl.\.; \ Date: .. oo/conlracls/schooI03 ADDENDUM NUMBER SIX ADDENDill1 TO INTERLOCAL AGREEMENT FOR PLANTATION KEY ELEMENTARY SCHOOL PROPERTY School Board Contract No. 93-43 School Board Resolution No. 406 Agreement made the last day below written, by and between the BOARD OF COUNTY COl~1ISSIONERS OF MONROE COUNTY, FLORIDA ("County"), 500 "-'l1itehead Street, Key West, FL 33040, and the SCHOOL BOARD OF MONROE COUNTY, FLORIDA, CrSchool Board'1), as the contracting agent for the Monroe County School District, whose address is 242 White Street, Key West, FL 33040, WIT N E SSE T H: The County and the School Board hereby agree to add this Addendum to that certain Interlocal Agreement dated the 15th day of July, 1992, as follows: 1. Addendum for Each School Site The County and the School Board have agreed in the "master" Interlocal Agreement that, for each school recreational space area site to be affected by that Agreement, an Adden~rn to that Agreement would be made and agreed upon by the Board of County Commissioners and the School Board. Both the Gounty and the School Board further agreed that each Addendum for each school site would specifically delineate further agre.ements uniquely appropriate to that particular site. NOW THEREFORE for and in consideration of the mutual , , promises, covenants, and obligations contained, herein and con- tained in the "master" Interlocal Agreement the County and the School Board agree as follows: 2. ?ayment of Costs County agrees to pay all costs associated with and for planning, architectural services (except for the architectural services of the School Board Architect), permitting, site prepa- ration, purchasing, maintenance and installation of such facil- ities and improvements, if any, on the campus of Plantation Key Elementary School which, if required, shall be agreed to in a /-' supplemental agreement hereto, which supplemental agreement (hereinafter "supplemental agreement") shall be in writing and executed by both parties. Countr's Obli~ation: Construction and Installation of Faci1~ties an Improvements A. The County agrees to construct and/or install the facilities and improvements referred to and depicted in the 3. aforedescribed supplemental agreement (hereinafter collectively referred to as the Facilities), sllbject to budgetary and planning conditions: B. Before commencement of any work all plans and specifications shall be filed with and approved by all govern- mental departments or authorities having jurisdiction and any public utility company having an interest therein., and all work shall be done in accordance with requirements of applicable state and local regulations. 2 C. All applications and connections for necessary utility services shall be made in the name of, the County, and shall be separately metered; PROVIDED, HOWEVER, that if safe, feasible, and not in violation of any law, rule, or regulation of or pertaining to the affected utility, the County shall be allowed to "tap intoll the appropriate existing utility lines t pipes, or service panels, and in such event the County shall provide and install at the County I s expense private utility "audit deductll meters for measuring of utility use related to the Facilities. D. County shall be responsible for, and shall pay, all requir~d impact fees, assessments, deposits, and charges and costs of whatsoever nature that may be required by any local t county, state, or federal entity for application, review, modi- fications of plans or applications, and issuance of all required permits prior 1:0 commencement of construction or installation of the facilities or improvements. E. The COl1nty shall use reasonable efforts in adher- ing to any schedule or timetable for construction and installa- tion of the facilities as may be agreed to by the County and the School Board, but such construction and installation shall also be contingent upon planning and budgetary considerations allowing same. 4. COllnty's and School Board's Obligations: Maintenance. The County and School Board agree that at all times during the term of this Agreement the County and School,. Board shall be jointly and equally responsible to repair, replace and maintain 3 the facilities in a good, safe, and substantial condition, and safe from any defects which could be reasonably foreseen to cause injury to persons. The County and School Board shall both use all reasonable precautions to prevent waste, damage, or injury to the facilities. Specifically, the School Board shall be respon- sible for mowing of grassed areas and the County shall be respon- sible for all other field maintenance. 5. Both Parties' Obligation: Indemnity. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees, contractors, and agents. However, nothing contained herein shall constitute a waiver by either par~y of its sovereign immunity and the limitations set forth in Section 768.28, Florida Statutes. 6. County's Rights: Use of Facilities. County shall have the right to public use of the facilities for all lawful public purposes not inconsistent with the intent of this Agreement and the design of the facilities, including but not limited to County-sponsored recreation events, public concerts and performances, and public gatherings which have been issued proper permits. County agrees that the scheduling of the use of, and the actual use, of the facilities shall not interfere or conflict with any of the School Board's and Plantation Key Elementary School's intramural or interscholastic student events, and County will coordinate scheduling of use of the facilities with Plantation Key Elementary School officials. 4 7. County's Obligation: Replacement of Facilities: A. Damage to Facilities. If the Facilities or any portion of the Facilities shall be damaged by the act, default, or negligence of County, or of County's agents, employees, patrons, guests, or any persons admitted to the premises by County or under County's auspices, County shall within a reason- able period of time and if economically feasible restore the Facilities to their condition just prior to the damage. Con- versely, if the Facilities or any portion of the Facilities shall be damaged by the act, default, or negligence of the School Board, or of the School Board's agents, employees, patrons, guests, or" any person admitted to the premises by the School Board or under the School Board's auspices, the School Board shall with a reasonable period of time and if economically feasible restore the Facilities to their condition just prior to the damage. B. Destruction of Facilities: In the event of a partial or total destruction of the premises during the term of this Agreement from any cause, excluding cause or causes result- ing from the act or default of the School Board, or any of the School Board's agents, employees, patrons, guests, or any person admitted to the premises by the School Board or under the School Board's auspices, the County shall forthwith restore the same as soon as reasonably possible and if economically feasible. Any partial or total destruction shall neither annul nor void this Addendum Agreement. The County shall have the op,tion upon total destruction of the facilities to restore Plantation Key Elementa- 5 ry School's premises to the condition the premises were in upon the effective date of this Agreement, and thereafter cancel or terminate this Agreement. 8. School Board's Obligation: Coordination of Construction and Installation. The School Board, through Plantation Key Elementary School officials and the School Board Architect, shall consult with and coordinate with the County the planning, construction, installa- tion, scheduling and use of the Facilities. The design, con- struction, location, and installation of the Facilities to be placed on the School's premises shall first be approved in writing by,. the School Board I s representatives, it being the intentions of the County and the School Board that the School Board shall have absolute control over the location and placement of the Facilities upon the Plantation Key Elementary School's premises. No other structures, improvements, or fixtures shall be placed upon the Plantation Key Elementary School's premises without prior written permission of the School Board. Any approval required by the School Board hereunder shall not be unreasonably withheld. 9. School Board's Obligation: Control over Premises. The School Board agrees that, in the event of the sale, lease or other disposition of the premises currently owned by the School Board upon which the Facilities are locat~d, the School Board shall insure that such lease, sale or other dis~osition is subj ect to this Addendum Agreement and will not. interfere with 6 the County's rights under this Addendum Agreement, so long as this Addendum Agreement shall remain in full force and effect. 10. School Board's Rights: Use of Facilities. The School Board shall have the right to use the Facilities without interference for outdoor physical education, recreation, or related uses during regular school hours, and during scheduled school use for special purposes from time to time. The School Board, through its Plantation Key Elementary School officials, shall coordinate with County the use of the Facilities during times outside of regular school hours. To facilitate coordina- tion, the officials at Plantation Key Elementary School shall provide the County with a written schedule of use or events scheduled by the School, during the School Year , involving the subject Facilities, and the School reserves the right to amend and revise this schedule from time to time during the school year, provided that if such amendments will have an impact upon events or \lSeS of the Facilities previously scheduled or planned by the County and made known to the School officials at the time of the County's scheduling, then and in that event the County shall have the right to approve or disapprove the proposed amendment or revision by the School. The School Board shall have the right to cancel or terminate this lease upon one (1) year I s written notice to County upon an initial determination by the School Board that the ~lantation Key Elementary School premises which are the subject of th~s Addendum Agreement are needed primarily for school-related' purposes. The School Board shall allow the County to be heard upon the issue 7 prior to the School Board making its final determination, and the School Board shall not act unreasonably in making such a final determination. The School Board shall allow the County, as well as any and all citizens of Monroe County, and/or representatives of private non-profit groups who are users of the subject recre- ational facility(ies), to be heard upon the issue prior to the School Board making its final determination, and the School Board shall not act unreasonably in making such a final determination. In the event of such a termination the School Board shall be obligated to pay the County the adjusted value of the Facilities constructed and/or installed by the County, said adjusted value to be dete~mined as of the effective date of termination. In the event of a material breach of the terms and conditions of the Addendum Agreement by the School Board, the County may elect to cancel this Addendum Agreement and terminate its responsibility for operation and maintenance of the facilities. As defined by this Agreement, a material breach shall be,one that substantially departs from the letter and spirit of the terms of this Agreement - as delineated in both the Master Agreement and the Addendum attached hereto. In the event of cancellation, the School Board shall reimburse the County for the adjusted value of the facil- ities put in by the County. 11. School Board's Obligations: Supervision of Activities. The School Board shall be responsible for the ~upervision of all activities involving the use of the Facilities which the School Board or Plantation Key Elementary School,. officials have 8 sponsored, scheduled, or over which the School Board would normally exercise control. 12. School Board's Obligations: Pro-Rata Reimbursement to County. The County may cancel this Addendum Agreement and elect to terminate its responsibility for operation and maintenance of the Facilities because of a material breach of the Addend\m Agreement by the School Board. As defined by this Agreement, a material breach shall be one that substantially departs from the letter and spirit of the terms of this Agreement. In the event of cancellation the School Board shall, within six (6) months of cancellatiqn, reimburse the COl1nty for the adjusted value of the Facilities put in by the County. 13. Non-Assignment This Addendum Agreement may not be assigned, and the County may not rent or sublease any part of the Facilities, without the express prior written consent of the School Board. This pro- vision is not intended to prevent or prohibit the County from charging a user fee to individuals and groups, as provided by the ordinances, resolutions, or policies of the County. 14. Title to Facilities; Extension of Terms of Addendl~ Upon the expiration of the term of this Addendum Agreement the Facilities shall become the property of the School Board, PROVIDED, HOWEVER, that the County shall have the right to extend the term of this Addendum Agreement for an additional thirty (30) years upon the same terms and conditions as contained herein and in the "master" Interlocal Agreement to which th Addendum Agree- 9 ment applies. The County shall give notice by public resolution of the exercise of this right at least ninety (90) days in advance of the normal termination date. 15. Appropriation The County agrees to perform its obligations under Para- graphs 3 and 4 above as quickly as practicable. The County and School Board acknowledge, however, that funds for the completion of all Facilities may not have been appropriated upon the exe- cution of this Adden~m Agreement and performance will be contin- gent upon such appropriations in the future. 16. Notice of Breach; Cure In th.e event of a breach of any term of this Addend\m Agreement by one party, it shall be the obligation of the other party to provide written notice of such breach or violation, and a reasonable period of time shall be allowed for the curing of such breach or violation, the reasonableness of the time period being determined by the circumstances and nature of the breach. 17. Notice of Unsafe Conditions Each party recognizes that it is in the best interest of both parties to provide a safe recreational area and each party agrees to utilize its best efforts to provide proper supervision and safe conditions during its respective use of the Facilities. In the event that either party becomes aware of an unsafe situa- tion, it shall correct same or, if such is the responsibility of the other party, notify the other party of the hazard and the need for corrective action. 10 IN WITNESS WHEREOF, the Board of County Commissioners of Monroe County, Florida, pursuant to a motion duly made, seconded, and passed in regular and open session and by and through its Mayor and Clerk; and the School Board, pursuant to a motion duly made, seconded, and passed in regular and open session and by and through its Chairman and Superintendent, have affixed their respective and representative hands and seals on the dates indicated. (SEAL) Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COl1MISSIONERS OF MONROE COUNTY, FLORIDA /" BY~ f!.. l1;1~ eputy Cleft Date: MlJ/--vh- ~I l~qL . (SEAL) ATTEST: SCHOOL BOARD OF MONROE COUNTY, FLORIDA D \~~ \_.}.Q1:----. Robert G. Walker, Superintendent ~ ~ By ~ ""J ' . C arence ~ps, ~rman Date: ~-lo-9~ .I ,-';"':: -. '-:- /' ":'~ :....... -""':-..~ coniipkelementary ,.., ",' ',,' '-,~,."'''' ., ,,~--? . ,'.. ""''''-'U '''-~/{~/ ' ... ~ ':;i1J/f~ - / /, ' 11 PLANTATION ELEMENTARY SCHOOL ATHLETIC IMPROVEMENTS COST ESTIMATE January 25, 1994 Site Clearing & Grading Approx. 75,000 sq. ft 44,000.00 Fine Grading 26,000.00 Approx. 75,000 sq. ft Perimeter Fencing Approx. 1000 lin. ft. @ $14.6Iin. ft. 15,000.00 36,000.00 Sod Approx. 5,000 sq. ft. @ $7.2 sq. ft. 15,000.00 Clay Approx. 8,500 sq. ft. @ $1.75 sq. ft. Irrigation System . Water meter, piping and RPZ 10,000.00 35,000.00 -ennis Court One court Tennis Court Fencing Chain Link 12' high 15,000.00 20,000.00 Dugout 2 dugouts @ $10,000 ea. 400.00 Bases 1 set @ $400 set 5,000.00 Bleachers 2 sets @ $2,500 set 4,000.00 8,000.00 3,000.00 480.00 Scoreboard Backstop Drinking Fountain Trash Cans 12 - 55 gal. drums @ $40 ea. TOTAL $236,880.00 , \~-~ , . .MENDMENT TO INTERlOCAl AGREEME fOR PLANTATION KEY ELEMENTARY SCHOOL PROPERTY This amendment to School Board Contract No. 93-43 Is made and entered Into by the Board of County Commissioners of Monroe County, Florida, hereafter County, whose address is 5100 College Road, Stock Island, Key West, fL 33040, and the School Board of Monroe County. Florida. hereafter School Board, as the contracting agent for the Monroe County School District. whose address is 242 White Street. Key West. FL 33040. The parties agree to amend School Board Contract No. 93-43. an interlocal agreement entered'into on March 24, 1994. as follows: 1.) Subparagraph 3c is amended by the addition of the following: The County has the responsibilitv for solid waste collection charqes. 2.) Paragraph 4 is amended to read as follows: 4. County's and School Board's Obligations: /.-. , 1.gl. Maintenance. The County and School Board agree that at all times during the term of this Agreement the County and School Board shall be jointly and equally responsible to repair. replace and maintain the facilities in a good, safe. ,and substantial condition. and safe from any defects which could be reasonably foreseen to cause injury to persons. The County and School Board shall both use all reasonable precautions to prevent waste. damage. or injury to the facilities. More Sspeclfically, the School Board shall be responsible for mowing of grassed Greos and the County shall be responsible for aU-e-lAef field maiA-fe.AGAGe the School Board and the County allocate certain maintenance responsibilities between themselves as follows: (iJ Mowinq the qrass and weed whackinq the fence lines are the responsibilities of the School Board. 1iil The maintenance of the duqout. incJudinq the removal of qraffiti and the replacement of damaqed or rotten wood. is an eauallv shared responsibilitv of the School Board and the County. mil The County Is responsible for dragalng and preparina the field; Iinlna Is the responsibility of the partY sponsorlna any non-related school' activities. The School Board Is responsible for Iinlna the field for all school related functions. (lvl The maintenance of on-field e~uipment. such as the bases. is the responsibilifvof the Counfv. {vI The responsibllifv for the replacement or repair of fencing Is an equally shared responsibilifv of the School Board and the Counfv. {vii Providina fertilizer for the field is a responsibilifv of the Counfv. If a field irriqation system is installed, the installation cost and the maintenance will be an eoually shared responsibilifv of the School Board and the County. (vii) If bleachers are installed by the Counfv, then the maintenance is an eoually shared responsibilifv of the School Board and the Counfv. (viii) The maintenance of water fountains is an eoually shared responslbllifv of the School Board and the Counfv. lixl If Iiahts are installed bv the Counfv, their maintenance is a Counfv responsibilifv. {xl The responsibilifv for the indoor restroom custodial services is the School Board's. {bl Schedulina. Use of the facilities after hours by the general public must be coordinated throuah the Counfv's Parks and Recreation Coordinator. The Coordinator will schedule events and activities so that there is no conflict amona various members of the public who desire to use the facilities and with the School Board sponsored activities. - - -'- --"H""-'t"-'I '''V. /...J-.....J .~'..UUl UllUll force and effect. 4.j This am~ndment will fake effect when a copy Is filed with the Clerk of the Circuit By A..L..Lc. A~~ II Deputy Clerk Date: 0 '1- 19- 9' BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA B~J~!~ Date: 0 9 -I ,,'" , " MONROE COUNTY SCHOOL BOARD By ~LJ Q 0----- ~ Superintendent of Schools :y ~uL Date: \(, \ \4-l qlc \ \ Date: I~ I \~~ql?' \ 8 oo/conlracls/schoolO2 ADDENDUM Nill1BER SEv~N ADDENDUM TO INTERLOCAL AGREEMENT FOR KEY LARGO ELEMENTARY SCHOOL PROPERTY School Board Contract No. 93-44 School Board Resolution No. 407 Agreement made the last day below written, by and between the BOARD OF COUNTY COM}1ISSIONERS OF MONROE C01~TY, FLORIDA ("County'I), 500 Whitehead Street, Key West, FL 33040, and the SCHOOL BOARD OF MONROE COUNTY, FLORIDA, ("School Board"), as the contracting agent for the Monroe County School District, whose address is 242 White Street, Key West, FL 33040, WIT N E SSE T H: The County and the School Board hereby agree to add this Addendum to that certain Interlocal Agreement dated the 15th day of July, 1992, as follows: 1. Addendum for Each School Site The County and the School Board have agreed in the "master" lnterlocal Agreement that, for each school recreational space area site to be affected by that Agreement, an Addendum to that Agreement would be made and agreed upon by the Board of County Commissioners and the School Board. Both the County and the School Board further agreed that each Addendum for each school site would specifically delineate further agreement's uniquely appropriate to that particular site. NOW, THEREFORE, for and in consideration of the mutual promises, covenants, and obligations contained, herein and con- tained in the "master" Interlocal Agreement the County and the School Board agree as follows: 2. Payment of Costs County agrees to pay all costs associated with and for planning, architectural services (except for the architectural services of the School Board Architect), permitting, site prepa- ration, purchasing, maintenance and installation of such facil- ities and improvements, if any, on the campus of Key Largo Elementary School which, if required, shall be agreed to in a supplemental agreement hereto, which supplemental agreement (hereinafter "supplemental agreement") shall be in writing and executed by both parties. Count:;1's Obli~ation: Construction and Installation of FaciI1ties an Improvements A. The County agrees to const:ruct and/or install the facilities and improvements referred to and depicted in the 3. aforedescribed supplemental agreement (hereinafter collectively referred to as the Facilities), subject to budgetary and planning conditions: B. Before commencement of any work all plans and specifications shall be filed with and approved by all govern- mental departments or authorities having jurisdiction and any public utility company having an interest therein; and all work shall be done in accordance with requirements of appli~able state and local regulations. 2 C. All applications and connections for necessary utility services shall be made in the name of, the County, and shall be separately metered; PROVIDED, HOWEVER, that if safe, feasible, and not in violation of any law, rule, or regulation of or pertaining to the affected utility, the County shall be allowed to "tap into" the appropriate existing utility lines, pipes, or service panels, and in such event the County shall provide and install at the County's expense private utility "audit deduct" meters for measuring of utility use related to the Facilities. D. County shall be responsible for, and shall pay,. all required impact fees, assessments, deposits, and charges and costs of 't-lhatsoever nature that may be required by any local, " county, state, or federal entity for application ~ review, modi- fications of plans or applications, and issuance of all required permits prior to commencement of construction or installation of the facilities or improvements. E. The County shall use reasonable efforts in adher- ing to any schedule or timetable for construction and installa- tion of the facilities as may be agreed to by the County and the School Board, but such construction and installation shall also be contingent upon planning and budgetary considerations allowing same. 4. County's and School Board's Obligations: Maintenance. The County and School Board agree that at all times during' the term of this Agreement the County and School Boar"d shall be jointly and equally responsible to repair, replice and maintain -\ 3 the facilities in a good, safe, and substantial condition, and safe from any defects which could be reasonably foreseen to cause injury to persons. The County and School Board shall both use all reasonable precautions to prevent waste, damage, or injury to the facilities. Specifically, the School Board shall be respon- sible for mowing of grassed areas and the County shall be respon- sible for all other field maintenance. 5. Both parties' Obligation: Indemnity. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees, contractors, and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity and the limitations set forth in Section 768.28, Florida Statutes. 6. County's Rights: Use of Facilities. County shall have the right to public use of the facilities for all lawful public purposes not inconsistent with the intent of this Agreement and the design of the facilities, including but not limited to County-sponsored recreation events, public concerts and performances, and public gatherings which have been issued proper permits. County agrees that the scheduling of the use of, and the actual use, of the facilities shall not interfere or conflict with any of the School Board's and Key Largo Elemen- tary School's intramural or interscholastic student events, and County vlill coordinate scheduling of use of the facilities with Key Largo Elementary School officials. 4 7. County's Obligation: Replacement of Facilities: A. Damage to Facilities. If the Facilities or any portion of the Facilities shall be damaged by the act, default, or negligence of County, or of County's agents, employees, patrons, guests, or any persons admitted to the premises by County or under County's auspices, County shall within a reason- able period of time and if economically feasible restore the Facilities to their condition just prior to the damage. Con- versely, if the Facilities or any portion of the Facilities shall be damaged by the act, default, or negligence of the School Board, or of the School Board's agents, employees, patrons, guests, or any person admitted to the premises by the School Board or under the School Board I s auspices, the School Board shall with a reasonable period of time and if economically feasible restore the Facilities to their condition just prior to the damage. B. Destruction of Facilities: In the event of a partial or total destruction of the premises during the term of this Agreement from any cause, excluding cause or causes result- ing from the act or default of the School Board, or any of the School Board's agents, employees, patrons, guests, or any person admitted to the premises by the School Board or under the School Board's auspices, the County shall forthwith restore the same as soon as reasonably possible and if economically feasible. Any partial or total destruction shall neither annul nor void this Addendum Agreement. The County shall have the option'upon total destruction of the facilities to restore Key Largo Elementary 5 School's premises to the condition the premises were in upon the effective date of this Agreement, and thereafter cancel or terminate this Agreement. 8. School Board's Obligation: Coordination of Construction and Installation. The School Board, through Key Largo Elementary School officials and the School Board Architect, shall consult with and coordinate with the County the planning, construction, installa- tion, scheduling and use of the Facilities. The design, con- struction, location, and installation of the Facilities to be placed on the School's premises shall first be approved in writing by the School Board's representatives, it being the intentions of the County and the School Board that ,the School Board shall have absolute control over the location and placement of the Facilities upon the Key Largo Elementary School's prem- ises. No other structures, improvements, or fixtures shall be placed upon the Key Largo Elementary School 1 s premises without prior written permission of the School Board. Any approval required by the School Board hereunder shall not be unreasonably withheld. 9. School Board's Obligation: Control over Premises. The School Board agrees that, in the event of the sale, lease or other disposition of the premises currently owned by the School Board upon which the Facilities are located, the School Board shall insure that such lease, sale or other disposition is subj ect to this Addendum Agreement and will not interfere with 6 the County's rights under this Addendum Agreement, so long as this Addendum Agreement shall remain in full for~e and effect. 10. School Board's Rights: Use of Facilities. The School Board shall have the right to use the Facilities without interference for outdoor physical education, recreation, or related uses during regular school hours, and during scheduled school use for special purposes from time to time. The School Board, through its Key Largo Elementary School officials, shall coordinate with County the use of the Facilities during times outside of regular school hours. To facilitate coordination, the officials at Key Largo Elementary School shall provide the County with a written schedule of use or events scheduled by the School, during the School Year, involving the subject Facilities, and the School reserves the right to amend and revise this schedule from time to time during the school year, provided that if such amendments will have an impact upon events or uses of the Facil- ities previously scheduled or planned by the County and made known to .the School officials at the time of the County's scheduling, then and in that event the County shall have the right to approve or disapprove the proposed amendment or revision by the School. The School Board shall have the right to cancel or terminate this lease upon one (1) year's written notice to County upon an initial determination by the School Board that the Key Largo Elementary School premises which are the subject of this Addendum Agreement are needed primarily for school-related purposes. The School Board shall allow the County to be heard upon the issue 7 prior to the School Board making its final determination, and the School Board shall not act unreasonably in mak:i,.ng such a final determination. The School Board shall allow the County, as well as any and all citizens of Honroe County, and/or representatives of private non-profit groups who are users of the subject recre- ational facility (ies), to be heard upon the is sue prior to the School Board making its final determination, and the School Board shall not act unreasonably in making such a final determination. In the event of such a termination the School Board shall be obligated to pay the County the adjusted value of the Facilities constructed and/or installed by the County, said adjusted value to be determined as of the effective date of termination. In the event of a material breach of the terms and conditions of the Addendum Agreement by the School Board, the County may elect to cancel this Addendum Agreement and terminate its responsibility for operation and maintenance of the facilities. As defined by this Agreement, a material breach shall be one that substantially departs from the letter and spirit of the terms of this Agreement - as delineated in both the Master Agreement and the Addendum attached hereto. In the event of cancellation, the School Board shall reimburse the County for the adjusted value of the facil- ities put in by the County. 11. School Board's Obligations: Supervision of Activities. The School Board shall be responsible for the supervision of all activities involving the use of the Facilities which the School Board or Key Largo Elementary School officials .have spon- 8 sored, scheduled, or over which the School Board would normally exercise control. 12. School Board's Obligations: Pro-Rata Reimbursement to County. The County may cancel this Addendum Agreement and elect to terminate its responsibility for operation and maintenance of the Facilities because of a material breach of the Addendum Agreement by the School Board. As defined by this Agreement, a material breach shall be one that substantially departs from the letter and spirit of the terms of this Agreement. In the event of cancellation the School Board shall, within six (6) months of cancellation, reimburse the County for the adjusted value of the Facilities put in by the County. 13. Non-Assignment This Addendum Agreement may not be assigned, and the County may not rent or sublease any part of the Facilities, without the express prior written consent of the School Board. This pro- vision is not intended to prevent or prohibit the County from 'charging a user fee to individuals and groups, as provided by the ordinances, resolutions, or policies of the County. 14. Title to Facilities; Extension of Terms of Addendum Upon the expiration of the term of this Addendum Agreement the Facilities shall become the property of the School Board, PROVIDED, HOWEVER, that the County shall have the right to extend the term of this Addend,~ Agreement for an additional thirty (30) years upon the same terms and conditions as contained:herein and in the "master" Interlocal Agreement to which th Addendum Agree- 9 ment applies. The County shall give notice by public resolution of the exercise of this right at least nine1;:y (90) days in advance of the normal termination date. 15. Appropriation The County agrees to perform its obligations under Para- graphs 3 and 4 above as quickly as practicable. The County and School Board acknowledge, however, that funds for the completion of all Facilities may not have been appropriated upon the exe- cution of this Addendum Agreement and performance will be contin- gent upon such appropriations in the future. 16. Notice of Breach; Cure In the event of a breach of any term of this Addendum Agreement by one party, it shall be the obligation of the other party to provide written notice of such breach or violation, and a reasonable period of time shall be allowed for the curing of such breach or violation, the reasonableness of the time period being determined by the circ\mstances and nature of the breach. 17. Notice of Unsafe Conditions Each party recognizes that it is in the best interest of both parties to provide a safe recreational area and each party agrees to utilize its best efforts to provide proper supervision and safe conditions during its respective use of the Facilities. In the event that either party becomes aware of an unsafe situa- tion, it shall correct same or, if such is the responsibility of the other party, notify the other party of the hazard and the need for corrective action. 10 IN WITNESS WHEREOF, the Board of County Commissioners of Monroe County, Florida, pursuant to a motion duly made, seconded, and passed in regular and open session and by and through its Mayor and Clerk; and the School Board, pursuant to a motion duly made, seconded, and passed in regular and open session and by and thrO\lgh its Chairman and Superintendent, have affixed their respective and representative hands and seals on the dates indicated. (SEAL) Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY CO~1ISSIONERS OF MONROE COUNTY, FLORIDA " BY~ 0. J1;J4~ Deputy CYerk Date:J~ 14.rJqct~ \ (SEAL) ATTEST: SCHOOL BOARD OF MONROE COUNTY, FLORIDA D:LJ\-rw nil. . ~~ ~. Robert G. Walker, Superintendent BY~~{f~ Clarence ~h~ ips, ~rman Date: ~- \ C)-q~ coniiklelementary f,v ;: :-:~, 11 1'-. - "-f' KEY LARGO ELEMENTARY SCHOOL ATHLETIC IMPROVEMENTS COST ESTIMATE January 25,1994 Site Clearing & Grading . Approx. 75,000 sq. ft. Fine Grading Approx. 75,000 sq. ft. Perimeter Fencing Approx. 1230 /in. ft. @ $14.6 lin. ft. 44,000.00 26,000.00 18,000.00 Sod 36,000.00 Approx. 5,000 sq. ft. @ $7.2 sq. ft. Clay 15,000.00 Approx. 8,500 sq. ft. @ $1.75.sq. ft. Irrigation System Water met~r, piping and RPZ 10,000.00 Bases 400.00 1 set @ $400 set leachers 5,000.00 2 sets @ $2,500 set Backstop Dugout Rehabilitation Scoreboard Drinking Fountain Trash Cans 8,000.00 5,000.00 4,000.00 3,000.00 480.00 12 - 55 gal. drums @ $40 ea. TOTAL $174,880.00 ~ AMENDMENT TO INTERLOCAL AGREEME~. FOR KEY LARGO ElEMENTARY SCHOOL PROPERTY This amendment to School Board Contract No. 93-44 is made and entered into by the Board of County Commissioners of Monroe County, Florida, hereafter County. whose address is 5100 College Road. Stock Island. Key West. FL 33040, and the School Board of Monroe County. Florida, hereafter School Board. as the contracting agent for the Monroe County School District. whose address is 242 White Street. Key West. FL 33040. The parties agree to amend School Board Contract No. 93-44, an interlocal agreement entered into on March 24, 1994. as follows: \.J Subparagraph 3c is amended by the addition of the following: The County has the responsibility for solid waste collection charaes. Afthouah charqes for electricity used at the facility are billed to the School Board, the County has the responsibility for payment. 2.) Paragraph 4 is amended to read as follows: -"":"Il'........... 4. County's and School Board's Obligations: 1Q1 Maintenance. The County and School Board agree that at all times during the term of this Agreement the County and School Board shall be jointly and equally responsible to repair, replace and maintain the facilities in a good. safe, and substantial condition, and safe from any defects which could be reasonably foreseen to cause injury to persons. The County and School Board shall both use all reasonable precautions to prevent waste, damage, or injury to the facilities. More Sspecifically, the School Board shall bc rcsponsible for mowing of gro55eG areas and thc County shall bc rcsponsible for all othcr field maintenance the School Board and the County allocate certain maintenance responsibilities between themselves as follows: (iJ Mowinq the mass and weed whackind the fence lines are the responsibilities of the School Board. Iii) The maintenance of the duqout. includinq the removal of qraffiti and the replacement of damaqed or rotten wood. is an equallv shared responsibility of the School Board ond the County. (iiil The County is responsible for dra9(;}/na and preparina the field; linina is the respons/bllltv of the partY sponsorina any non-related school activities. The School Board is responsible for Iinina the field for all school related functions. fivl The maintenance of on-field equipment. such as the bases. is the responsibilitv of the County. . {vI The responsibility for the replacement or repair of fencina is an eauallv shared responsibility of the School Board and the County. (vii Providinq fertilizer for the field is a responsibility of the County. If a field irriaation system is installed. the installation cost and the maintenance will be an equally shared responsibility of the School Board and the County. {viii If bleachers are installed by the County, then the maintenance is an equally shared responsibilitv of the School Board and the County. (viiil The maintenance of water fountains is an equally shared responsibilitv of the School Board and the County. fix) If liqhts are installed by the County, their maintenance is a County responsibilitv. (xl The responsibilitv for the indoor restroom custodial services is the School Board's. (bl Scheduling. , Use of the facilities after hours by the aeneral public must be coordinated throuah the Countv's Parks and Recreation Coordinator. The Coordinator will schedule events and activities so that there is no conflict amona various members of the public who desire to use the facilities and with the School Board sponsored activities. 3.) All other terms j conditions of School Board Contra -Jo. 93-44 remain in full force and effect. 4.) This ame~dment will take effect when a copy is filed with the Clerk of the Circuit By ~a.k."C. A~ ". Deputy Clerk Date: Ot'l-l,-96 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. FLORIDA B~~f~ Date: () , -19-'" BY~~\.J U J Superintendent of Schools Date: i().l \4 \ C\.\J . - \ Date: ,c, \ 14- \ q~, I \ B oo/conlrocts/schoolO6 Monroe County/District School Board Interlocal Proposal Objective . Thl~ Monroe COllnty St,;hool Uo.m.l willl11<ulage and lllc.lintaill all six (6) intcrlocal sites in [he Low~r, Middle alld Upper Keys. Proposal · Monroe ('ounty will pun;hnsl:' or proviue the following cl}uipll1~nt to fl1aintain the fadliti~s. F.<luiIJment J lyLlr;tuIic Reel Mower Pro Va<.: V UCllum AthkLic Field {iroom~r Spl'ay~r Top Dresser J ca. Wct'deal~l's Rotary MC.lwcr ~ ea. Co v~J'ed Ll.li1cr~ Vchicles.p/u and dump Fcrti Iizcr Spr~(Ider Trudor w/fro/ll-elld load ^erato/' TOTAL 1st Year Expenditure Initi~1 Outlay $] 9,200 $6,500 $7.s 00 $G,OOO $8,000 $ J ,200 $ 1 ,800 $G,OOO $38,400 $2,700 $22,080 $3,000 .kife Cvde (j 6 6 X 8 2 3 10 G 6 12 10 Vearly C(tSC $3,100 $1,080 $1,250 $750 $1,000 $600 $600 $600 $6,400 $450 $1,840 $.100 $J22,380 $lH.070 · Monroe Counly wjll provide the llHlllpowcr (2.5) men to properly Jllaintain tht: facilities. Salaries w OJ'kl'rS Position Sahli')' Retirement ]l'lCA TnsurUJlce Compo (1 ne'DuloYlJlent (irounds Mechanic J ca. $26,664 $4,648 $2,040 $2,900 $4,000 $54 Grounds Mechanic J ca. $26,664 $4.64X $2,040 $2,900 $4,000 $54 GrOUJIll... M~chanil; .5 ea. $lJ.JJ2 $2,324 $1.0:W $1,450 $2,000 $54 TOTAL $100,765.00 .+ Monroe County will provide the :mpplics cUld malc:ria/loi nccessary to maintain th~ grounds. Suppi):' h~rli1izer Pcsliciues I Icrbiciues Ch.IY Sand FueVRepairslM<lint. COSl $12.000 $3,60(l $3,600 $28.80(} $26.400 $7,800 TOTAL $82,20U Equipment Sal..rics Materials/Supplies J.t Y car Cost $122,380 $100,765 $ 82,200 TOTAL $305.345 2ud Year Cost $18,070 (Depreciation) "'$100,765 $ 82,200 $210,035 SUMMARY OF PROPOSAL Intcrlocall Custs fur All Site.'! Equipmcnt S.tlaries Supplics/Mal~rials Int~"'ocnl at CSHS. Mnintcnancc Items Tennis courb l~lcaned annually lennis court painting "cnnis murt net (~Ycry 2 years) Gym flour clnnual cleaning Fidd scmd Infrastructure cxpense (dugouu;, waler tiHlntain, gmss. IX1SCS lencing) $122,3~O 100,765 82.200 $305,345 $ 2,500 /7,400 2,100 7,000 3,300 J 5.000 $47,300 Inlerlotalqt Sugarloaf - Maintenance & SlJPI)Jy Items Fertilizer Pesticides Hl!rhicides Clay Fuel, repairs, cLc. $ 900.00 360.00 360.00 2,400.00 1.>60.00 $5,580.00 3rtl Year Cost Same Saint: Sal11t: lltilitres Existing sites - cl~ctric/water (Slimley Switlik, MHS, PKS, KLS) $20,000 electric for Gym/Field Lights (Coral Shores) $14,100 Sugarloaf NIA Garbage (Approximate lor ;,111 sites) :Ii 4,000 $38,100 I I , I I i I I i : i I I Management Ic'et., tl 'J,"he coordination of these activities takes approximately two (2) hours a week. Our Oistr ct's Upper KeYs/Middlc Keys CU~1odial Supervisor is 111c coordin~tor. 1t is only Hur that he bpi-lid Il)l' this Sl:rvice. i Supervision Five (5) Sites, (CSHS, PKS, KLS, MHS, Stanley SwitIik) Eight (8) hours per site r day (Saturday) Twdv~ (12) Weeks $J 5.00 per hour l'his Prupos.ll would equate to: x 40 hOllrs per week 12 weeks {March IhnL Mru 480 hOllrs x $15 per hour == $7200.00 Tbis Propos~1 would eqUiltc to: 2 hours pcr week .l\; 12 wc~ks (Match t11m M~ 24 hours x $17.3 I per hour:.... $415.44 T01'AL PROPOSAL: $7615.44 TOTAL COST $403.940,44 This slllt1maty relleets the cost of/ubor (2.S grounds mecluUlies), equipmcor to maintain each filcil Iy, supplies <md materials, 1l1aintcnanl:e costs at the sites identified, ~upervi!:ion and the approximate C Sl of uti I itics.