Item C06C ounty of M onroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
The FlOnda Key
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Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
June 20, 2018
Agenda Item Number: C.6
Agenda Item Summary #4140
BULK ITEM: Yes DEPARTMENT: Project Management / Facilities
TIME APPROXIMATE: STAFF CONTACT: Kevin Wilson (305) 292 -4441
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AGENDA ITEM WORDING: Approval of an Interlocal Agreement (ILA) between Monroe
County and the City of Key West for the scheduling of Bernstein Park's Athletic Fields and field
maintenance plan consulting.
ITEM BACKGROUND: The City of Key West currently handles the scheduling of several
ballfields in the Lower Keys for youth and adult sports leagues; to include, but not limited to:
baseball, softball, soccer, rugby, lacrosse, football and flag football. Additionally, the City of Key
West maintains rosters and insurances for all youth and adult athletic leagues south of Big Pine Key.
Staff proposes to enter into an interlocal agreement with the City of Key West for the City to manage
the scheduling of the athletic fields at Bernstein Park M -F 4pm -lOpm and Saturdays 8am -3pm.
Almost 50% of the youth in the leagues managed by the City of Key West reside within
unincorporated Monroe County. By allowing the City to schedule these fields, we are guaranteeing
the fields will be utilized for the purposes the County has envisioned. Additionally, the City has
offered and the agreement establishes a mechanism for them to assist with field maintenance for
tournaments and other sports events and consult for us on best field maintenance practices. (At the
time of submitting this AIS, the City of Key West has not approved or signed the ILA. The City
expects to approve and execute the ILA on May 1. At that time, the unsigned ILA attached to this
AIS will be replaced with the City approved and signed copy.)
PREVIOUS RELEVANT BOCC ACTION: None.
CONTRACT /AGREEMENT CHANGES:
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STAFF RECOMMENDATION: Approve.
DOCUMENTATION:
ILA between City of KW and Monroe County for Bernstein Park
FINANCIAL IMPACT:
Effective Date: Bernstein Park opening date
Expiration Date: 5 year terms — unlimited renewal options
Total Cost to County: N/A
Insurance Required:
N/A
REVIEWED BY:
Kevin Wilson
Completed
04/19/2018 9:43 AM
Cary Knight
Completed
04/30/2018 11:08 AM
William DeSantis
Completed
04/30/2018 1:02 PM
Chris Ambrosio
Completed
04/30/2018 2:31 PM
Budget and Finance
Completed
04/30/2018 2:38 PM
Maria Slavik
Completed
04/30/2018 3:20 PM
Kathy Peters
Completed
04/30/2018 6:18 PM
Board of County Commissioners
Pending
06/20/2018 9:00 AM
INTERLOCAL AGREEMENT BETWEEN
MONROE COUNTY AND THE CITY OF KEY WEST FOR JOINT
OPERATION, USE AND MAINTENANCE OF
BERNSTEIN PARK, STOCK ISLAND
THIS INTERLOCAL AGREEMENT is entered into this day of , 2018,
pursuant to Section 163.01, Florida Statutes, between MONROE COUNTY (COUNTY),
a political subdivision of the State of Florida, whose address is 1100 Simonton Street,
Key West, Florida 33040 and the CITY OF KEY WEST, a municipal corporation of the
State of Florida (CITY), whose address is 1300 White Street, Key West, Florida 33040.
WHEREAS, the COUNTY and the CITY are authorized to enter into this
Agreement and implement its provisions pursuant to Section 163.01, Florida Statutes, as
amended, which permits local government units to make the most efficient use of their
powers by enabling them to cooperate with each other for mutual advantage and to
provide services and facilities in a manner and pursuant to forms of governmental
organization that accords best with geographic, economic, and other factors influencing
the needs and development of local communities; and
WHEREAS, the COUNTY owns that certain parcel of land located on Stock
Island, Monroe County known as BERNSTEIN PARK, (PARK) at 6751 5 Street, Stock
Island, FL 33040; and
WHEREAS, the COUNTY is nearing completion of a major renovation of the
PARK which the COUNTY and the CITY intend to utilize for various sports programs,
athletic events and other uses consistent therewith for the benefit of the public; and
WHEREAS, the CITY is willing to oversee the scheduling of the use of the
sports fields located at the PARK for the various sports entities and athletics leagues
desiring to utilize the PARK for practice or competitive events so to avoid scheduling
conflicts between said PARK users; and
WHEREAS, the COUNTY has agreed to provide the CITY with use of the
PARK as well as mechanical equipment for its upkeep and maintenance; and
WHEREAS, the COUNTY will have ownership and custody of the equipment
used to maintain the PARK, while the CITY will provide the COUNTY with advice on
the types of equipment that will be needed from time to time; and
WHEREAS, the COUNTY will make and promulgate the necessary rules and
regulations of the PARK and their enforcement by or with the assistance of law
enforcement agencies, if necessary; and
WHEREAS, the COUNTY will be responsible for the operating and maintenance
costs of the PARK, and for entering into contracts with vendors and contractors for
maintenance and repair of the PARK, if necessary; and
INTERLOCAL AGREEMENT BETWEEN MONROE COUNTY AND THE CITY OF KEY WEST
FOR JOINT OPERATION, USE AND MAINTENANCE OF BERNSTEIN PARK
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WHEREAS, the CITY has agreed to provide personnel to train COUNTY
personnel on the use of mechanical equipment used to maintain the PARK, and oversee
and /or operate said equipment for the mowing of the athletic fields and related upkeep
requirements of the PARK; and
WHEREAS, the CITY and the COUNTY are authorized by Section 163.01(4),
Florida Statutes, to enter into an interlocal agreement to carry out their independent
powers contemplated in this Agreement;
NOW THEREFORE, in consideration of the mutual covenants, representations,
and promises set forth in this Agreement and for other good and valuable consideration
each to the other, receipt of which is hereby acknowledged by each party, the COUNTY
and the CITY hereby agree, stipulate, and covenant as follows:
1. PURPOSE OF INTERLOCAL AGREEMENT. The purpose of this
Agreement is to establish the relationship, rights and responsibilities between the CITY
and the COUNTY for use and operation of the PARK at the location more fully described
below. The above Recitals are true, correct and agreed to by the parties and are
incorporated in this Agreement.
LOCATION: CITY shall create and provide scheduling for users of the PARK
sports fields on the parcel of land, owned by the COUNTY, more particularly described
as:
The area described as follows: Lots 1, 2, 3, 4, and 5, Block 57, George L. McDonald's
Plat of Part of Stock Island, less the Westerly eight feet of Lot 1 and less the Easterly 30
feet of Lot 5, according to the plat thereof as recorded in Plat Book 1, Page 55, of the
Public Records of Monroe County, Florida. Also a parcel of submerged land lying South
of such Block 57, less that portion sold to Stock Island Utility Company by Warranty
Deed recorded in Official Records Book 886, Pages 2446 -2450, of the Public Records of
Monroe County, Florida, TWP. 67/68 RNG. 25 SEC. 35, 36 & 2 RE# 12385 OR 380-
381 -382.
2. SCOPE:
A. COUNTY AND CITY OBLIGATIONS:
COUNTY will be responsible for all regular and special maintenance of the
PARK athletic fields as recommended by CITY. COUNTY will have its own
maintenance plan for all other areas of the PARK.
COUNTY will provide all necessary equipment for mowing, fertilizing, striping,
clay distribution, watering, etc. normally associated with the maintenance of
sports fields intended for league play of various sports.
INTERLOCAL AGREEMENT BETWEEN MONROE COUNTY AND THE CITY OF KEY WEST
FOR JOINT OPERATION, USE AND MAINTENANCE OF BERNSTEIN PARK
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COUNTY will provide CITY with seven (7) days advanced notice of any planned
PARK closures.
CITY will provide consultation service to COUNTY personnel regarding the
maintenance needs of the PARK due to CITY's experience and past record of
maintaining sports fields designed for league play.
CITY will be responsible for scheduling all league uses of the PARK during the
following hours:
Monday - Friday 4:00 pm until 10:00 pm close.
Saturday 8:00 am until 3:00 pm close.
CITY will not schedule any league sports practices or games on Sunday.
CITY will collect and maintain records of current certificates of insurance from
all teams and league users of the PARK fields naming both COUNTY and CITY
as additional insureds for all leagues and teams wishing to schedule practice,
games or competitions at the PARK.
Both parties will cooperate with each other for the coordination of multi -field
scheduling in the event tournament events are scheduled including maintenance
crew partnerships to assist with field maintenance during tournaments or special
events.
3. TERM: Subject to and upon the terms and conditions set forth herein, this
Agreement shall commence on the day of , 2018 and continue in force for
five (5) years unless earlier terminated by either party by providing the other party
written notice of termination, which must be given at least ninety (90) days in advance of
the effective date of termination. The parties may otherwise agree to extend the term of
this Agreement by a fully executed amendment to this Agreement made by each parties'
duly authorized representative or governing body.
4. USE AND CONDITIONS. COUNTY and CITY shall use the PARK premises
for a common sports field for organized sports organizations as well as other uses by the
general public consistent with PARK uses. CITY shall not place on COUNTY premises
any structure or improvements of any kind, whether temporary or permanent unless
agreed to in this Agreement or approved in writing by COUNTY. CITY shall be
responsible for removal of any such structures or improvements placed by the CITY.
5. RELATIONSHIP OF PARTIES. The Parties are independent of each other and
shall at no time be legally responsible for any negligence on the part of the other Party, its
employees, agents or volunteers resulting in either bodily or personal injury or property
damage to any individual, property or corporation.
6. TAXES. The Parties are not subject to taxes and assessments.
INTERLOCAL AGREEMENT BETWEEN MONROE COUNTY AND THE CITY OF KEY WEST
FOR JOINT OPERATION, USE AND MAINTENANCE OF BERNSTEIN PARK
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7. INSURANCE. The parties to this Agreement stipulate that each is a
governmental agency as defined by Florida Statutes and represents to the other that it has
purchased suitable General Liability, Vehicle Liability, and Workers' Compensation
insurance, or is self- insured, in amounts adequate to respond to any and all claims under
federal or state actions for civil rights violations, which are not limited by Florida
Statutes Section 768.28 and Chapter 440, as well as any and all claims within the
limitations of Florida Statutes Section 768.28 and Chapter 440, as well as any and all
claims within the limitations of Florida Statutes arising out of the activities governed by
this Agreement.
To the extent allowed by law, each party shall be responsible for any acts of negligence
on the part of its employees, agents, contractors, and subcontractors and shall defend,
indemnify and hold the other party harmless from all claims arising out of such actions.
Each party agrees to keep in full force and effect the required insurance coverage during
the term of this Agreement. If the insurance policies originally purchased which meet the
requirements of this agreement are canceled, terminated or reduced in coverage, then the
respective party must immediately substitute complying policies so that no gap in
coverage occurs. Copies of current policy certificates shall be filed with the other party
whenever acquired or amended.
8. HOLD HARMLESS. To the extent allowed by law, the parties are liable for
and must fully defend, release, discharge, indemnify and hold harmless the other, its
members, elected officials, officers, employees, agents and contractors, from and against
any and all claims, demands, causes of action, losses, costs and expenses of whatever
type that arise out of or are attributable to their own operations, omissions, or acts of
negligence in connection with this Agreement. The COUNTY's and the CITY's purchase
of the insurance required under this Agreement does not release or vitiate their
obligations under this paragraph. The COUNTY and the CITY do not waive any of its
sovereign immunity rights including but not limited to those expressed in Section 768.28,
Florida Statutes, or Florida law.
9. NON - DISCRIMINATION. The CITY and the COUNTY, each for itself, its
personal representatives, successors in interest, and assigns, as a part of the consideration
hereof, does hereby covenant and agree that no person on the grounds of race, color, or
national origin shall be excluded from participation in, denied the benefits of, or be
otherwise subjected to discrimination in the use of premises or in the contracting for
improvements to the premises.
COUNTY and CITY agree that there will be no discrimination against any person, and it
is expressly understood that upon a determination by a court of competent jurisdiction
that discrimination has occurred, this Agreement automatically terminates without any
further action on the part of any party, effective the date of the court order. COUNTY
AND CITY agree to comply with all Federal and Florida statutes, and all local
ordinances, as applicable, relating to nondiscrimination. These include but are not
limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88 -352) which prohibits
INTERLOCAL AGREEMENT BETWEEN MONROE COUNTY AND THE CITY OF KEY WEST
FOR JOINT OPERATION, USE AND MAINTENANCE OF BERNSTEIN PARK
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discrimination on the basis of race, color or national origin; 2) Title IX of the Education
Amendment of 1972, as amended (20 USC ss. 1681 -1683, and 1685- 1686), which
prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of
1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101 -6107)
which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and
Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the
basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91 -616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee -3), as amended,
relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the
Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination
in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of
1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 13, Art. VI,
prohibiting discrimination on the bases of race, color, sex, religion, disability, national
origin, ancestry, sexual orientation, gender identity or expression, familial status or age;
and 11) any other nondiscrimination provisions in any Federal or state statutes which
may apply to the parties to, or the subject matter of, this Agreement.
10. ASSIGNMENT. The CITY may not assign this Agreement or assign or
subcontract any of its obligations under this Agreement without the approval of the
COUNTY. All the obligations of this Agreement will extend to and bind the legal
representatives, successors and assigns of the CITY and the COUNTY.
11. SUBORDINATION. This Agreement is subordinate to the laws and regulations
of the United States, the State of Florida, Monroe County and the City of Key West,
whether in effect on commencement of this Agreement or adopted after that date.
12. INCONSISTENCY. If any item, condition or obligation of this Agreement is in
conflict with other items in this Agreement, the inconsistencies shall be construed so as to
give meaning to those terms which limit the County's responsibility and liability.
13. GOVERNING LAWSNENUE. This Agreement is governed by the laws of the
State of Florida and the United States. In the event that any cause of action or
administrative proceeding is instituted for the enforcement or interpretation of this
Agreement, the parties agree that venue shall lie in the appropriate court or before the
appropriate administrative body in Monroe County, Florida. Neither this Agreement nor
any of its terms is subject to arbitration.
14. ETHICS CLAUSE. CITY warrants that it has not employed, retained or
otherwise had act on its behalf any former COUNTY officer or employee subject to the
prohibition of Section 2 of Ordinance No. 010 -1990 or any County officer or employee in
violation of Section 3 of Ordinance No. 010 -1990. For breach or violation of this
provision, the COUNTY may, in its discretion, terminate this Lease without liability and
INTERLOCAL AGREEMENT BETWEEN MONROE COUNTY AND THE CITY OF KEY WEST
FOR JOINT OPERATION, USE AND MAINTENANCE OF BERNSTEIN PARK
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may also, in its discretion, deduct from the Lease or purchase price, or otherwise recover,
the full amount of any fee, commission, percentage, gift or consideration paid to the
former COUNTY officer or employee. The parties agree that their officers and
employees will be required to comply with the standards of conduct for public officers
and employees as delineated in Section 112.313, F.S., regarding, but not limited to,
solicitation or acceptance of gifts; doing business with one's agency; unauthorized
compensation; misuse of public position, conflicting employment or contractual
relationship; and disclosure or use of certain information.
15. CONSTRUCTION. This Agreement has been carefully reviewed by the CITY
and the COUNTY. Therefore, this Agreement is not to be construed against any party on
the basis of authorship. Each party represents and warrants to the other that the execution,
delivery and performance of this Agreement have been duly authorized by all necessary
COUNTY and CITY corporate action, as required by law.
16. AMENDMENT OF AGREEMENT. This Agreement may be amended only in a
writing signed by an Authorized Representative of each of the parties hereto.
17. PUBLIC RECORDS. The parties shall allow and permit reasonable access to,
and inspection of, all documents, papers, letters or other materials in each other's
possession or under its control subject to the provisions of Chapter 119, F. S., and made or
received by the COUNTY and CITY in conjunction with this Agreement. The parties
covenant to abide by and comply with all requirements of the Florida Public Records
Law, Chapter 19, Florida Statutes.
18. NOTICES. Notices in this Agreement, unless otherwise specified, must be sent by
certified mail to the following:
COUNTY:
County Administrator
1100 Simonton Street
Key West, FL 33040
CITY:
City Manager
1300 White Street
Key West, FL 33040
and
County Attorney
Monroe County Attorney's Office
1111 12th Street
4th Floor, Suite 408
Key West, FL 33040
and
CITY Project Manager
P.O. Box 1409
Key West, FL 33041 -1409
INTERLOCAL AGREEMENT BETWEEN MONROE COUNTY AND THE CITY OF KEY WEST
FOR JOINT OPERATION, USE AND MAINTENANCE OF BERNSTEIN PARK
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19. FULL UNDERSTANDING. This Agreement is the parties' final mutual
understanding. It replaces any earlier agreements or understandings, whether written or
oral. This Agreement cannot be modified or replaced except by another written and
signed agreement.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed
by its duly authorized representative.
Attest:
Kevin Madok, Clerk
Deputy Clerk
Date:
Attest:
Cheryl Smith:
City Clerk
Board of County Commissioners
Of Monroe County
By:
David Rice, Mayor
Date:
CITY of Key West
Craig Cates, Mayor
Date:
INTERLOCAL AGREEMENT BETWEEN MONROE COUNTY AND THE CITY OF KEY WEST
FOR JOINT OPERATION, USE AND MAINTENANCE OF BERNSTEIN PARK
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