Item C20 C20
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5
Michelle Lincoln,District 2
James K.Scholl,District 3
m' David Rice,District 4
Board of County Commissioners Meeting
September 20, 2023
Agenda Item Number: C20
2023-1434
BULK ITEM: Yes DEPARTMENT: Parks and Beaches
TIME APPROXIMATE: STAFF CONTACT: John Allen
AGENDA ITEM WORDING: Approval of an Interlocal Agreement (ILA) between Monroe County
and the City of Key West for the scheduling and programming of Bernstein Park's athletic fields.
ITEM BACKGROUND:
The City of Key West has historically handled the scheduling of several athletic fields at Bernstein Park
in the Lower Keys for youth and adult sports leagues including, but not limited to: baseball, softball,
soccer, rugby, lacrosse, football and flag football.
On August 15, 2018, Monroe County BOCC approved an Interlocal Agreement (ILA) with the City of
Key West to assist with sports team scheduling and maintenance of Bernstein Park. This new ILA
agreement affords the County more oversight of scheduling of events at Bernstein Park sport fields,
while relieving the City of maintenance obligations from the previous agreement.
It is the intention City of Key West to execute the attached ILA after approval of the City Commission
on September 14, 2023.
PREVIOUS RELEVANT BOCC ACTION:
August 15, 2018, Monroe County BOCC approved an Interlocal Agreement (ILA)with the city of Key
West to assist with sports team scheduling and maintenance of Bernstein Park.
CONTRACT/AGREEMENT CHANGES:
This new ILA agreement affords the County more oversight of scheduling of events at Bernstein Park
sport fields, while relieving the City of maintenance obligations from the previous agreement.
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
08-15-2018 Previous ILA with the City of Key West
Proposed ILA with the City of Key West for Bernstein Park
822
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: Yes
823
GJ�t CCUR"°
o: Kevin Madok, CPA
.. .... Clerk of the Circuit Court& Comptroller— Monroe Count Florida
•ROE COUNT. Y1
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 Citv 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 MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida limn
305-294-4641 305-289-6027 305-852-7145 305-852-7145 824
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 1(o-day of OeTb_bE 2018,
pursuant to Section 1.63.01, 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 514 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
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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
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
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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
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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 15f day of Oc f-to_-, 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
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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-DISCREMI[NATION. 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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830
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 THE CITY OF KEY WEST
FOR JOINT OPERATION,USE AND MAINTENANCE OF BERNSTEIN PARK
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IN WITNESS VMERE®1F', each party has caused this Agreement to be executed
,iY'sdulyauthorized representative.
,S y�.
i, .,
Board of County Commissioners
of Monroe Cou
a -,Att st::
_ Ieuiri=lV[ad'ok; Clerk By:
r
David Rice,Mayor
Deputy Clerk
Date: i 8 Date: S" 2 n $
CITY of Key est
,a
h- By:
er Craig Cates, Mayor
FLO
Date: I C
- MONROE COUNTY ATTORNEY
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IINTERLOCAL AGREEMENT BETWEEN IM[®NROE COUNTY AND THE CITY OF KEY WEST
FOR JOINT OPERATION,USE AND MAINTENANCE OF BERNSTEIN PARK
Page 0 of 8
832
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 (AGREEMENT) is entered into this 1st day of
October,2023,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 51h Street, Stock
Island, FL 33040; and
WHEREAS, the COUNTY and the CITY intend to utilize the PARK fields for
various sports programs, athletic events, and other uses consistent therewith for the benefit
of the public; and
WHEREAS, the CITY desires to utilize the Park as overflow when needed by
scheduling dates and times through the County for 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 the general public's use of the sports fields; and
WHEREAS,the COUNTY shall have priority of use to avoid scheduling conflicts;
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 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.
INTERLOCAL AGREEMENT BETWEEN MONROE COUNTY AND THE CITY OF KEY WEST
FOR JOINT OPERATION,USE AND MAINTENANCE OF BERNSTEIN PARK 833
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 parry, 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
in accordance with the Priority of Uses and this Agreement. 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 Book866, 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. Parcel Identification Number: 00127300-000000
2. SCOPE AND REQUIREMENTS.
COUNTY AND CITY OBLIGATIONS:
COUNTY shall make the PARK fields available for CITY's use as provided for in
this AGREEMENT. The CITY's use of the PARK fields shall be subject to and in
accordance with: (i) the terms and conditions of this AGREEMENT; (ii) the
COUNTY's rules, regulations and policies governing the use of the PARK fields;
(iii) any grant or bond obligations pertaining to the use of the PARK fields; and(iv)
all applicable local, state and federal laws.
Priority of Use(s) means the priority of uses when there are conflicting requests for
the use of the PARK's fields. The COUNTY shall have priority of uses of all PARK
fields and/or facilities at all times. When possible, COUNTY shall provide CITY
with fourteen (14) days' notice of planned use.
COUNTY will be responsible for all regular and special maintenance of the PARK.
COUNTY will provide CITY with a minimum of fourteen (14) 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.
In the event of inclement weather, the County, at its sole discretion, may require
closure of the fields. 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 834
Signs will be posted by COUNTY notifying the public of the closure.
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 Monday through Sunday, Sunrise to 9:00 p.m. as long as the CITY
has provided notice as required by this Agreement and that those schedules do not
conflict with other provisions of this Agreement.
CITY will not schedule day camps for the PARK during the typical Summer School
Break months of June, July and August.
The COUNTY shall have right of first refusal. Priority shall be given to the
scheduling of maintenance and capital improvements and community access for
unorganized open play.
The CITY shall create and provide scheduling for all users of the PARK sports
fields.
The CITY must provide to the Director and/or County Representative no less than
fourteen (14) days prior to the start of each sport league's season the following:
• Practice and game schedule for each season where PARK will be utilized;
• Contact information, including but not limited to, cell phone number, for
each team's coach and the respective league president; and
• Contact information, including but not limited to, cell phone number, for
CITY's representative and/or personnel who is available at all times pursuant
to the schedule.
County must be notified of any changes throughout the season immediately.
The CITY will prepare the fields for any scheduled games.
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 as well as waivers of liability
in favor of the County from the users. 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 waivers and
receive approval from designated COUNTY staff of acceptance of such insurance
and waivers. Current and effective insurance policies and waivers 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
INTERLOCAL AGREEMENT BETWEEN MONROE COUNTY AND THE CITY OF KEY WEST
FOR JOINT OPERATION,USE AND MAINTENANCE OF BERNSTEIN PARK 835
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 along with waivers. Minimum general liability
insurance requirements are $500,000 per occurrence.
MUTUAL COOPERATION: CITY and COUNTY will cooperate with each
other 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 1 st day of October, 2023, and continue in
force for five(5)years unless earlier terminated by either parry by providing the other parry
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.
Each parry 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 836
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. Subject to Section 768.28, Florida Statutes, as may be
amended from time to time, the CITY shall promptly indemnify, defend, save and hold
harmless the COUNTY, its officers, agents, representatives and employees from any and
all losses, expenses, fines, fees, taxes, assessments, penalties, costs, damages,judgments,
claims, demands, liabilities, attorneys fees, (including regulatory and appellate fees), and
suits of any nature or kind whatsoever caused by, arising out of, or related to the CITY'S
exercise or attempted exercise of its responsibilities as set out in this AGREEMENT,
including but not limited to, any act, action, neglect or omission by the CITY, its officers,
agents, employees or representatives in any way pertaining to this AGREEMENT,whether
direct or indirect, except that neither the CITY nor any of its officers, agents, employees or
representatives will be liable under this provision for damages arising out of injury or
damages directly caused or resulting from the negligence of the COUNTY. Nothing
contained herein shall be construed to alter or waive the COUNTY or the CITY's sovereign
immunity under 768.28, Florida Statutes.
The CITY'S obligation to indemnify, defend and pay for the defense of the COUNTY, or
at the COUNTY's option, to participate and associate with the CITY in the defense and
trial of any claim and any related settlement negotiations, shall be triggered immediately
upon the CITY'S receipt of a notice of claim for indemnification. The notice of claim for
indemnification shall be deemed received if the COUNTY sends the notice in accordance
with the formal notice mailing requirements set forth in Section 18 of this AGREEMENT.
The indemnification provisions of this section shall survive termination or expiration of
this AGREEMENT, but only with respect to those claims that arose from acts or
circumstances under this AGREEMENT.
The CITY's evaluation of liability or its inability to evaluate liability shall not excuse the
CITY's duty to defend and indemnify the COUNTY under the provisions of this section.
Only an adjudication or judgment,after the highest appeal is exhausted,specifically finding
the COUNTY was solely negligent shall excuse performance of this provision by the CITY.
The COUNTY's and the CITY's purchase of the insurance required under this
AGREEMENT does not release or vitiate their respective 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
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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, religion, sex, 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 disability; 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.
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
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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 parry 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
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
INTERLOCAL AGREEMENT BETWEEN MONROE COUNTY AND THE CITY OF KEY WEST
FOR JOINT OPERATION,USE AND MAINTENANCE OF BERNSTEIN PARK 839
Key West, FL 33040
and
County Parks and Beaches Director
102050 Overseas Hwy.
Key Largo, FL 33037
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.
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INTERLOCAL AGREEMENT BETWEEN MONROE COUNTY AND THE CITY OF KEY WEST
FOR JOINT OPERATION,USE AND MAINTENANCE OF BERNSTEIN PARK 840
IN WITNESS WHEREOF, each party has caused this Agreement to be executed
by its duly authorized representative.
Board of County Commissioners
of Monroe County
Attest:
Kevin Madok, Clerk
By:
Deputy Clerk Craig Cates, Mayor
Date: Date:
Attest: CITY of Key West
Keri O'Brien, Clerk
By:
City Clerk Teri Johnston, Mayor
Date: Date:
INTERLOCAL AGREEMENT BETWEEN MONROE COUNTY AND THE CITY OF KEY WEST
FOR JOINT OPERATION,USE AND MAINTENANCE OF BERNSTEIN PARK 841