08/15/2018 AgreementGJ Z COURTS °
o:
Kevin Madok, CPA
.... Y1
Clerk of the Circuit Court & Comptroller — Monroe County,
•R OE COUN
DATE: October 26, 2018
TO: William DeSantis, Director
Facilities Maintenance
ATTN: Chrissv Collins
Executive Administrator
FROM: Pamela G. Hancock, D.C.
SUBJECT: August 15' BOCC Meeting
Attached is a certified copy of Item C20, Interlocal Agreement between Monroe County
and the City of Key West for the scheduling of Bernstein Park's athletic fields and field
maintenance consulting., for you handling.
Should you have any questions, please feel free to contact me at (305) 292 -3550. Thank
you.
cc: County Attorney_
Finance
File
KEY WEST
500 Whitehead Street
Key West, Florida 33040
305 - 294 -4641
MARATHON
3117 Overseas Highway
Marathon, Florida 33050
305 - 289 -6027
PLANTATION KEY
88820 Overseas Highway
Plantation Key, Florida 33070
305 - 852 -7145
PK/ROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305 - 852 -7145
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 j (o day of &61' !� 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 t� 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:
L 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
RE# 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 1st day of Oc , 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 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- DISCRIIVIINATION. 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 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 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
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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 LAWS/VENUE. 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
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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: CITY:
County Administrator City Manager
1100 Simonton Street 1300 White Street
Key West, FL 33040 Key West, FL 33040
and and
County Attorney CITY Project Manager
Monroe County Attorney's Office P.O. Box 1409
1111 12th Street Key West, FL 33041 -1409
4th Floor, Suite 408
Key West, FL 33040
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 TIIE CITY OF KEY WEST
FOR JOINT OPERATION, USE AND MAINTENANCE OF BERNSTEIN PARK
Page 7 of 8
IN WITNESS VII-IEREOF, each party has caused this Agreement to be executed
y,it's':du1y representative.
s Board of County Commissioners
of Monroe Cou •
G
c + ;;Attest-:--- ,, r r, /
,-
evina ad' _k, Clerk By
David Rice, Mayor
Deputy Clerk
Date: akrzfit 1 C , Z g Date: a7 ICI 2°1 $
,, , . CITY of Key est
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,01,`� -.VW r r,'
'P * ,. i Craig Cates, Mayor
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MONROE COUNTY ATTORNEY
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INTE " AGREEMENT is ETWEEN MONROE COUNTY AND THE CITY OF KEY WEST
FOR JOINT OPERATII+I N, USE AND MAINTENANCE OF BERNSTEIN PARK
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