Resolution 300-1983 __ 111111 County Commiss11111
RESOLUTION NO. 300 -1983
A RESOLUTION AUTHORIZING THE MAYOR AND 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, SAID AGREEMENT PROVIDING FUND-
ING FOR 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 Mayor and Chairman of the Board of County Commis-
sioners 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, said agreement providing funding for 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 10th day of November , A.D. 1983 .
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
•
B • r
y
Mayor airman
(SEAL)
Attest:
DANNY' L. HOMAGE, Clerk
944s • Acne-.)
C lerk
APPROVED AS TO FORM
AN GAL SUFFICE
Attorney's Office
41111
JOINT PARTICIPATION AGREEMENT.,
THIS JOINT PARTICIPATION AGREEMENT made and entered into this
10th day of November , A.D. 1983 , 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-
vid,e 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.
This figure will be paid monthly commencing October 1, 1983 , and
. terminating September 30, 1984, as hereinafter set forth.
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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
perform and carry out themaintenance and operation of the Commu-
nity 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 isdue 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'
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.
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...IN. WITNESS WHEREOF, the parties hereto have caused this Agree-
ment to be executed by their officials thereunto. duly authorized:
COUNTY OF MONROE, STATE OF FLORIDA
e ,
By •
Mayor a dC airman o the Board
of County. Commissioners of
Monroe.County, Florida
Attest:
DANNY L. KOLHAGE, Clerk
%\C PA;Azit.d.) 0 .c
Clerk
THE CITY OF KEY WEST, FLORIDA '-
By
Mayor
(S'eal)
Attest:
Clerk
APPROVED AS TO FORM
AN' `. SUFFIC ENCY.
•
BY
Attarnent Office "4-1--4IZ
4 OJWf11
( 47' IMP •
t
•
•
JOINT PARTICIPATION AGREEMENT
. THIS JOINT PARTICIPATION AGREEMENT made and entered into .this
10th day of November , A.D .. 1983 , 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. Floida, 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 cons(ideration. 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.
This figure, will be paid monthly commencing October 1, 1983 , and
• terminating September 30, 1984, as hereinafter set forth.
1111
a - .
-2-
•
•
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
perform and carry out the maintenance and operation of the Commu-
nity 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
• 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. .
1110
-3-
IN WITNESS WHEREOF, the parties hereto have caused this Agree-
ment to be executed by their officials thereunto duly authorized.
COUNTY OF MONROE, STATE OF FLORIDA
p
By
Mayor an. " airman , e Board
of County Commissioners of
Monroe County, Florida
(Seal)
Attest:
DANNY L. KOLHAGE Clerk
..Stas\CD-) iNt\ VAA4v) 0•
Clerk
THE. CITY OF KEY WEST,- FLORIDA
By ,
Mayor .-
Richard A. Heyman -
(Seal) _ -
A est :
W&K.A na, *1'.v
Clerk
Josephinb Parker -
t
•
APpROVFD AS TO FORflA
AN' LE • SU IM
BY
Attorneys Office