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Item C20C ounty of M onroe {f `° " rel BOARD OF COUNTY COMMISSIONERS n Mayor David Rice, District 4 The FlOnda Key y m 1 �� Mayor Pro Tem Sylvia J. Murphy, District 5 Danny L. Kolhage, District 1 George Neugent, District 2 Heather Carruthers, District 3 County Commission Meeting August 15, 2018 Agenda Item Number: C20 Agenda Item Summary #4559 BULK ITEM: Yes DEPARTMENT: Facilities Maintenance TIME APPROXIMATE: STAFF CONTACT: Kevin Wilson (305) 292 -4441 na 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 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 (ILA) 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. A significant percentage of the youth in the leagues for which the City schedules fields reside within unincorporated Monroe County. By including Bernstein Park's athletic fields in the City's scheduling system, the field's utilization will be optimized and "rest time" will be built into the schedule. 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. The County will remain responsible for operation and maintenance of the park as well as the community building, playground, basketball court and the rest of the park. (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 August 7. 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: na STAFF RECOMMENDATION: Approval. DOCUMENTATION: ILA City - County Bernstein Park through 7.27.18 deleted background screen.._ FINANCIAL IMPACT: Effective Date: Upon execution by the Mayor. Expiration Date: 5 year terms — unlimited renewal options Total Cost to County: N/A Insurance Required: N/A REVIEWED BY: Kevin Wilson Completed 07/29/2018 4:14 PM William DeSantis Skipped 07/29/2018 7:58 AM Cary Knight Skipped 07/29/2018 4:13 PM William DeSantis Skipped 07/29/2018 7:58 AM Chris Ambrosio Completed 07/30/2018 6:50 AM Budget and Finance Completed 07/30/2018 9:05 AM Maria Slavik Completed 07/30/2018 9:37 AM Kathy Peters Completed 07/30/2018 10:59 AM Board of County Commissioners Pending 08/15/2018 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 athletic leagues desiring to utilize the PARK for practice or competitive events so as to avoid scheduling conflicts between said PARK users and general public use of the sports fields; 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 WHEREAS, the CITY has agreed to provide personnel to train COUNTY personnel on the use of mechanical equipment used to maintain the PARK, and, as needed INTERLOCAL AGREEMENT BETWEEN MONROE COUNTY AND THE CITY OF KEY WEST FOR JOINT OPERATION, USE AND MAINTENANCE OF BERNSTEIN PARK Page 1 of 8 and mutually agreed, 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 CITY shall create and provide scheduling for all users of the PARK sports fields more particularly described below. The above Recitals are true, correct, and agreed to by the parties and are incorporated in this Agreement. PARK LOCATION: 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 RE4 12385 OR 380 -381 -382. 2. SCOPE AND REQUIREMENTS. 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 general athletics activities and league play of various sports. COUNTY will provide CITY with seven (7) days' advanced notice of any planned PARK closures. In the event of a closure, the CITY will be responsible for coordinating and working with any sports leagues that might be affected by a closure. INTERLOCAL AGREEMENT BETWEEN MONROE COUNTY AND THE CITY OF KEY WEST FOR JOINT OPERATION, USE AND MAINTENANCE OF BERNSTEIN PARK Page 2 of 8 CITY will provide consultation to COUNTY personnel regarding the maintenance needs of the PARK in light of CITY's past experience and record of maintaining sports fields. Throughout each year that this ILA is in effect, CITY will be responsible for reservations, scheduling and program coordination of all sports league uses of the PARK fields during the following hours: Monday through Friday 5:00 pm until 10:00 pm close. Saturday from 8:00 am until 3:00 pm. CITY will not schedule sports league practices, uses, programs, or games on Sunday. CITY will not schedule day camps for the PARK during the typical Summer School Break months of June, July and August. The sports fields will be available for free play and general use by any non - leagues and residents during the following days and times throughout the year: Monday through Friday 7:30 am to 5:00 pm Saturday — 3:00 pm to 10:00 pm Sunday — 7:30 am to 10:00 pm INSURANCE: CITY will require, collect and maintain records of current and effective certificates of general liability insurance from all teams, leagues and tournament organizer users of the PARK fields that name both COUNTY and CITY as certificate holders and additional insureds for all of their activities at the PARK including all uses, practices, games, and competitions. Such policies of insurance shall be effective for the entire season and schedule of activities, events, practices and games that the team, league or tournament intends to schedule at the PARK. Prior to any use of the PARK for any of these activities CITY must provide COUNTY facilities management staff with evidence of all required liability insurances and receive approval from designated COUNTY staff of acceptance of such insurance. Current and effective insurance policies must be on record at all times with the COUNTY and CITY offices before use of the fields will be permitted. If a special event or tournament organizer intends to use the fields for an event or tournament then any and all responsible organizers shall be required to provide general liability insurance that names both COUNTY and CITY as certificate holders and additional insureds for all days, times and activities of the special event or tournament. Minimum general liability insurance requirements are $500,000 per occurrence. MUTUAL COOPERATION: CITY and COUNTY will cooperate with each other to provide for the coordination of multi -field scheduling when tournament INTERLOCAL AGREEMENT BETWEEN MONROE COUNTY AND THE CITY OF KEY WEST FOR JOINT OPERATION, USE AND MAINTENANCE OF BERNSTEIN PARK Page 3 of 8 events are scheduled, including maintenance crew partnerships, to assist with field maintenance during tournaments or special events. 3. TERM OF AGREEMENT. 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 party's duly authorized representative or governing body. In the event of termination of this Agreement, CITY shall remain responsible for all team, league, special events and tournament events that are scheduled at the time of termination as is consistent with the CITY's responsibilities under this Agreement, unless relinquishment of the CITY's responsibilities is otherwise mutually agreed in writing by COUNTY and CITY officials. 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 common 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. 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, the COUNTY and the CITY shall be responsible for any acts of negligence on the part of its employees, agents, contractors, and subcontractors as it relates to the other party, 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 INTERLOCAL AGREEMENT BETWEEN MONROE COUNTY AND THE CITY OF KEY WEST FOR JOINT OPERATION, USE AND MAINTENANCE OF BERNSTEIN PARK Page 4 of 8 respective parry must immediately substitute complying policies so that no gap in coverage occurs. Copies of current policy certificates shall be filed with the other parry 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 hereby covenant and agree that no person on the grounds of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of the PARK. COUNTY and CITY agree that there will be no discrimination against any such person or group based on the above identified qualities or categories 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 parry, 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 VII of the Civil Rights Act of 1964 (PL 88 -352) which prohibits 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. 12101 Note), as amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 14, Art. II Sec. 14 -43, 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. INTERLOCAL AGREEMENT BETWEEN MONROE COUNTY AND THE CITY OF KEY WEST FOR JOINT OPERATION, USE AND MAINTENANCE OF BERNSTEIN PARK Page 5 of 8 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 Interlocal Agreement without liability and may also, in its discretion, deduct from the Interlocal Agreement 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 the COUNTY and the CITY. 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 INTERLOCAL AGREEMENT BETWEEN MONROE COUNTY AND THE CITY OF KEY WEST FOR JOINT OPERATION, USE AND MAINTENANCE OF BERNSTEIN PARK Page 6 of 8 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 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. [This space left blank. Signature page follows.] INTERLOCAL AGREEMENT BETWEEN MONROE COUNTY AND THE CITY OF KEY WEST FOR JOINT OPERATION, USE AND MAINTENANCE OF BERNSTEIN PARK Page 7 of 8 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 Date: Board of County Commissioners of Monroe County By: David Rice, Mayor Date: CITY of Key West By: Craig Cates, Mayor Date: TYEEI M'41N • f I loll I 'r Y111EKEIC 1c y 77 EST FOR JOINT OPERATION, USE AND MAINTENANCE OF BERNSTEIN PARK Page 8 • 8