Resolution 126-1982c
RESOLUTION NO. 126 -1982
RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO
EXECUTE A JOINT PARTICIPATION AGREEMENT BY AND BE-
TWEEN THE COUNTY OF MONROE, STATE OF FLORIDA, AND
THE CITY OF KEY WEST, FLORIDA, FOR THE PURPOSE OF
OPERATING AND MAINTAINING THE COMMUNITY POOL LOCATED
AT 300 CATHERINE STREET, KEY WEST. FLORIDA.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, as follows:
That the Chairman of the Board of County Commissioners of
Monroe County, Florida, is hereby authorized to execute a Joint
Participation Agreement by and between the County of Monroe, State
of Florida, and The City of Key West, Florida, a copy of same being
attached hereto, for the purpose of operating and maintaining the
Community Pool located at 300 Catherine Street, Key West, Florida.
Passed and adopted by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held on
the _5', th day of April, A.D. 1982.
(Seal)
Attest:
M . .Q
Clerk
BOARD OF COUNTY COMMISSIONERS
OF'M COUNTY, FLORIDA
Y
,OMayor/Chairman
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JOINT PARTICIPATION AGREEMENT
THIS JOINT PARTICIPATION AGREEMENT made and entered into this
5th day of April A. D. 1982, by and between the
COUNTY OF MONROE, STATE OF FLORIDA, a political subdivision of the
State of Florida, hereinafter referred to as "County", and THE
CITY OF KEY WEST, FLORIDA, a municipal corporation organized and
existing under the laws of the State of Florida,.hereinafter referred
to as "City" and
WHEREAS,'the County and the City are authorized to enter into
this Agreement by Florida Statutes, as amended, which permits a
public agency of the State of Florida, to exercise jointly with any
other public agency of the State, any power, privilege, or authority
which such agencies share in common and which each might exercise
separately, and
WHEREAS, both of the parties hereto have the authority to pro-
vide recreational facilities for its citizens,
NOW, THEREFORE, in consideration of the mutual covenants,
promises and representation herein, the parties agree as follows:
WITNESSETH:
1. The purpose of this Agreement is to provide funds for the
Community Pool located at 300 Catherine Street, Key West, Florida.
2. The County agrees as follows:
(a) To contribute "funds not to exceed TWENTY-EIGHT THOU- -
SAND DOLLARS ($28,000.00) out of its General Revenue Fund to be used..
by the City for the sole and exclusive purpose of operating and
maintaining the Community Pool for the use of the general public.
(b) The County, in consideration of said. City substan-
tially and satisfactorily maintaining and operating. the Community
Pool for the citizens of Key West, Monroe, County, Florida, agrees
to pay to the said City the sum of TWENTY-EIGHT THOUSAND DOLLARS
($28,000.00) for the payment of salaries and other direct expenses
incurred in the maintenance and operation of the Community Pool.
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This figure will be paid monthly commencing October 1, 1981, and
terminating September 30, 1982, as hereinafter set forth.
3. In consideration of the County's agreement to make the
financial contribution as set forth above, the City agrees as fol-
lows:
(a) To use the funds as hereinabove set forth.
(b) The City, for the consideration named, covenants and
agrees with said County to substantially and satisfactorily per-
form and carry out the maintenance and operation of the Community
Pool for the citizens of Key West, Monroe County, Florida.
(c) In further consideration of said financial remunera-
tion, the said City agrees to provide a clear financial audit trail
to allow for full accountability of funds received from said County.
Certified monthly financial and service load reports will be made
available to the County to validate the delivery of services under
this contract. The monthly financial report is due in the office
of the Clerk of the Board of County Commissioners of Monroe County,
Florida, no later than the 15h day of the following month. After
the Clerk of the Board pre -audits the certified report, the County
will reimburse said City for its monthly expenses. However, the
total of said monthly payments on the aggregate sum shall not ex-
ceed the total amount of $28,000.00 during the term of this contract.
(d) The City does hereby indemnify the County for any
and all claims of any sort whatsoever that arise from the use of
this pool. 'In this respect, the City does agree to hold harmless
and so assume any and all responsibility for any claims or damages
resulting from the use of this pool during the length of time
wherein the funding as prescribed herein continues. The City
agrees in this regard to defend and pay any and all costs for said
defense to include attorney's fees, costs of Court and all such
expenses relating to said claims, should the same occur. And,
in the event liability insurance is carried by the City of Key West
Florida, that provides coverage for the activities prescribed
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and shown in this agreement,,that Monroe County shall be shown
thereon as a co-insured and a copy of said policy shall be forth-
with made available to the County Administrator so reflecting.
IN WITNESS WHEREOF, the parties hereto have caused this Agree-
ment to be executed by their officials thereunto duly authorized.
(Seal)
Attest: ALP . WOMTE➢ CLERK
Clerk
(Seal)
COUNTY OF MONROE, STATE OF
FLOR
By
Mayor d'Chairman of thfjBoard
of County Commissioners of
Monroe County, Florida
THE CITY OF KEY WEST, FLORIDA
r1or ,
Dennis J. ardloW
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