04/20/2005 Interlocal Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
June 3, 2005
TO:
Dave Koppel, County Engineer
Public Works Division
Pamela G. Han~. c.
Deputy Clerk C__Y
FROM:
At the April 20, 2005, Board of County Commissioner's meeting the Board granted
approval and authorized execution of a Joint Use Park lnterlocal Agreement between Monroe
County and the School Board of Monroe County to develop and maintain a joint use park at
Sugarloaf SchooL
Enclosed is a duplicate original of the above-mentioned for your handling. Should you
have any questions please do not hesitate to contact this office.
Cc: County Attorney
Finance
File ./
JOINT USE PARK
INTERLOCALAGREEMENT
This Agreement is made and entered into by MONROE COUNTY
(COUNTY), a political subdivision of the State of Florida, whose address is
1100 Simonton Street, Key West, FL 33040, and the SCHOOL BOARD OF
MONROE COUNTY (SCHOOL BOARD), as the contracting agent for the School
District of Monroe County, a public agency of the State of Florida, whose
address is 241 Trumbo Road, Key West, FI. 33040.
WHEREAS, COUNTY is authorized by Section 125.01(1)(f),F.S. to
provide public parks; and
WHEREAS, SCHOOL BOARD is authorized by Section 1013.10, F.S. to
permit the use of school grounds for community use centers; and
WHEREAS, the parties did enter into an interlocal agreement dated
July 15, 1992, for the provision of enhanced recreational facilities on public
school grounds; and
WHEREAS, said master agreement was amended by Addendum Two,
providing for the County to pay for $58,801.35 for athletic improvements at
Sugarloaf School; and
WHEREAS, the parties did, by interlocal agreement dated October 28,
1999, as amended on February 21, 2001, provide for the County to pay a
total of $53,171 per annum for the maintenance of recreational facilities at
Sugarloaf School and Key Largo Elementary School; and
WHEREAS, the parties are authorized by Section 163.01(4), Florida
Statutes, to enter into an interlocal agreement to carry out their independent
powers ;
WHEREAS, it is desired to provide for the development of a joint use
park on the Sugarloaf School grounds, in addition to the existing agreement
to provide maintenance funding for the existing recreational facilities at said
school; now therefore,
IN CONSIDERATION OF the mutual promises and conditions contained herein,
the PARTIES agree as follows:
1. SCOPE. The Parties shall develop and maintain a joint use Park at
Sugarloaf School. This agreement is in addition to the interlocal agreement
dated October 28, 1999, and amended on February 21, 2001, providing for
the County to pay an annual sum for the maintenance of recreational
facilities at Sugarloaf School and Key Largo Elementary School. All terms and
conditions of the aforementioned Agreement shall remain in force and effect
unless specifically modified or amended herein.
Sugarloaf Joint Use Park
2. TERM.
A. Subject to and upon the terms and conditions set forth herein, this
Agreement shall continue in force for a term of twenty years commencing as
of the _20th day of April , 2005 and ending on the ---l9th day of
April ,2025.
B. The parties may extend this agreement after the expiration of the term
described herein according to such terms and conditions as may be agreed to
at the time of extension.
3. USE AND CONDITIONS. The premises, which are defined as that
area designated as "JOINT USE PARK" on the Sketch attached hereto as
Exhibit A, shall be used solely for the purposes of providing a park for joint
use for Sugarloaf School and the general public.
A. REGULADONS. The County's Parks and Recreational Board shall
work with School Board staff to develop and recommend regulations
governing the use and operations of the park additional to such rules and
regulations set forth by County Ordinance regarding all County parks. Rules
and regulations for the joint use park shall be subject to approval by
resolution by each of the Parties.
B. MANAGEMENT. SCHOOL BOARD shall contract for design/build,
provide for operations management, including but not limited to maintenance
and the scheduling of events and organized use of the park.
C. CAPITAL FUNDING. COUNTY shall proVide capital funding for the
Joint Use Park in an amount not to exceed $1,500,000, payment to be made
as follows
Payment for expenditures permissible by law and County policies shall be
made through reimbursement to SCHOOL BOARD upon presentation of
Application for Payment Summary - AlA Document G702 (or equivalent),
invoices, canceled checks and other documentation necessary to support a
claim for reimbursement. All submissions for payment shall be based upon
an approved schedule of values for phases and indicate the percentage of
completion for each item as of the date of the submission. This document
should be signed by the project architect, engineer, general contractor or
project manager. Photos of the progress of the work shall also be submitted
with the payment application.
The application for payment document must be certified through a statement
signed by the SCHOOL BOARD's construction project manager and notarized,
declaring that representations in the invoice are true and factual.
Sugarloaf Joint Use Park
SCHOOL BOARD shall also provide partial releases of liens or certifications of
non-lien if applicable. COUNTY shall retain 100/0 of any payment on work in
progress until the SCHOOL BOARD has provided a Final Release of Lien for
each vendor/Contractor for whom payment is requested. Final payment will
not be made until the following documents are complete and submitted to
the COUNTY:
AlA Document G-702 Application for Payment Summary
AlA Document G-704 Certificate of Substantial Completion
AlA Document G-706 Contractor's Affidavit of Debts & Claims
AlA Document G-706A Contractor's Affidavit of Release of Liens
AlA Document G-707 Consent of Surety to Final Payment
Final Release of Lien
Affidavit and Partial Release of Lien
SCHOOL BOARD may elect to have vendors and contractors paid through the
direct vendor method, upon submission of appropriate documentation as
outlined above.
Funding under this provision of the agreement is contingent upon annual
appropriation by the COUNTY governing board.
D. COUNTY IN-HOUSE RESOURCES AND OUTSOURCE SUPPLIERS.
COUNTY shall provide as much assistance as pOSSible with its own employees
and equipment, as well as procurements to reduce costs. It is contemplated
by the parties at the time of approving this agreement that COUNTY shall be
able to contribute significantly to groundwork preparation. Should COUNTY
be able to provide assistance beyond groundwork preparation, the parties
will act as expeditiously as pOSSible to coordinate approval of such
contribution of COUNTY resources to the project.
E. SIGNAGE. Portable or temporary advertising signs are prohibited. It
is expected that permanent signage and signage which includes changing
messages via lighting or magnetic letters will be erected, particularly in the
form of scoreboards, and the existing "SUGARLOAF SCHOOL MARQUIS" shall
be retained in its location.
4. UTILITIES. SCHOOL BOARD shall arrange for utilities to be provided.
COUNTY shall pay one-half (1f.z) of the water costs for the joint use park, and
one-half (1f.z) of the sewerage costs for the joint use park at any time that
School Board is connected to a centrally located wastewater treatment plant.
COUNTY shall pay 1000/0 of the electric costs for lighting until such time as it
is determined that school event usage of the lighting features are co-equal to
the usage by the general public, including community organizations. The
parties shall share in the costs of utility connection fees, impact fees, effluent
discharge units, or any other costs associated with the placement of utility
infrastructure to provide utility services to the premises. COUNTY shall make
Sugarloaf Joint Use PIIIk
payment pursuant to the Florida Prompt Payment Act for such utility costs as
are attributable to COUNTY under this agreement and which are properly
documented in the submission of an invoice to the COUNTY on a
[monthly/quarterly] basis. Funding under this provision of the agreement is
contingent upon annual appropriation by the COUNTY governing board.
5. ALTERATIONS and IMPROVEMENTS. No structure or
improvements of any kind, whether temporary or permanent, shall be placed
upon the land without prior approval in writing by the Superintendent of
Schools and any permits required by law by any agency, federal or state.
Any such structure or improvements shall be constructed in a good and
workmanlike manner.
Upon the natural termination of this interlocal agreement, the SCHOOL
BOARD may retain ownership of the fixtures and improvements acquired
under this agreement.
6. MECHANIC'S LIENS. SCHOOL BOARD shall not permit any
mechanic's lien or liens to be placed on the Property or on improvements on
it. If a mechanic's lien is filed, it shall be the sole responsibility of the
SCHOOL BOARD or its officer, employee, agent, contractor or other
representative causing the lien to be filed to discharge the lien and to hold
harmless and defend SCHOOL BOARD against enforcement of such lien.
7. RECORDS - ACCESS AND AUDITS. Both Parties shall maintain
adequate and complete records for a period of four years after termination of
this lease. Each Party, its officers, employees, agents and contractors shall
have access to the Other Party's books, records, and documents related to
this Agreement upon request. The access to and inspection of such books,
records, and documents by the Parties shall occur at any reasonable time.
8. 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.
9. TAXES. The Parties are not subject to taxes and assessments.
10. INSURANCE. The parties to this agreement stipulate that each is
a state governmental agency as defined by Florida Statutes and represents
to the other that it has purchased suitable Public 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
Sugarloaf Joint Use Park
claims within the limitations of Florida Statutes arising out of the activities
governed by this agreement.
To the extent allowed by law, each party shall be responsible for any acts of
negligence on the part of its employees, agents, contractors, and
subcontractors 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 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.
11. CONDITION OF PREMISES. The SCHOOL BOARD must keep the
premises in good order and condition. The SCHOOL BOARD must promptly
repair damage to the premises. The SCHOOL BOARD is solely responsible for
any improvements to land and appurtenances placed on the premises.
Neither party shall commit waste on the premises, nor maintain or permit a
nuisance on the premises. It is anticipated that SCHOOL BOARD will provide
such security as it provides for the remainder of the Sugarloaf School
grounds during the life of this agreement.
A. DEDICATION FOR RECREATIONAL PURPOSES. Real property
improved through funding under this agreement shall remain dedicated for
the recreational purposes for the full twenty years which is the contracted
term of this agreement, whether or not the agreement is continued for its full
term or terminated early for any reason, including termination of the
participation of County in covering maintenance and utility costs. In the
event this provision is breached, SCHOOL BOARD shall repay to the County a
prorated amount based on a useful life for public use of 19 years. This
provision shall survive the termination date of all other provisions of this
contract until April l~ 2025.
B. MAINTENANCE. SCHOOL BOARD is responSible for the
implementation of adequate maintenance procedures to keep the real
property and improvements in good operating condition. COUNTY shall pay
one-half (1f2) of the costs of maintenance up receipt of properly documented
invoices and pursuant to the Florida Prompt Payment Act. Funding under
this provision of the agreement is contingent upon annual appropriation by
the COUNTY governing board.
C. STORAGE OF HURRICANE DEBRIS. The parties have in the past
allowed the premises to be used for temporary storage of hurricane debris.
SCHOOL BOARD agrees to allow COUNTY to temporarily store hurricane
debris on other premises adjacent to Sugarloaf School in the event such
Sugarloaf Joint Use Park
storage is needed after a hurricane.
12. RESTRICTIONS ON AGREEMENTS ENTERED PURSUANT TO THIS
AGREEMENT. The SCHOOL BOARD shall include in all agreements funded
under this agreement the following terms:
A. Anti-discrimination. Contractor agrees that they will not discriminate
against any employees or applicants for employment or against persons for
any other benefit or service under this agreement because of their race,
color, religion, sex, national origin, or physical or mental handicap where the
handicap does not affect the ability of an individual to perform in a position of
employment, and to abide by all federal and state laws regarding non-
discrimination.
B. Anti-kickback. Contractor warrants that no person has been employed or
retained to solicit or secure this agreement upon an agreement or
understanding for a commission, percentage, brokerage or contingent fee,
and that no employee or officer of the SCHOOL BOARD has any interest,
financially or otherwise, in contractor. For breach or violation of this
warranty, the SCHOOL BOARD shall have the right to annul this agreement
without liability or, in its discretion, to deduct from the agreement price or
consideration, the full amount of such commission, percentage, brokerage or
contingent fee. Contractor acknowledges that it is aware that funding for this
agreement is available through the County and that violation of this
paragraph may result in the County withdrawing funding for the Project.
C. Hold harmless/indemnification. Contractor acknowledges that this
agreement is funded at least in part by the County and agrees to indemnify
and hold harmless the County and any of its officers and employees from and
against any and all claims, liabilities, litigation, causes of action, damages,
costs, expenses (including but not limited to fees and expenses arising from
any factual investigation, discovery or preparation for litigation), and the
payment of any and all of the foregoing or any demands, settlements or
judgments (collectively claims) arising directly or indirectly from any
negligence or criminal conduct on the part of Contractor in the performance
of the terms of this agreement. The Contractor shall immediately give notice
to the County of any suit, claim or action made against the Contractor that is
related to the activity under this agreement, and will cooperate with the
County in the investigation arising as a result of any suit, action or claim
related this agreement.
D. Insurance. Contractor agrees that it maintains in force at its own expense
a liability insurance policy which will insure and indemnify the Contractor and
the County from any suits, claims or actions brought by any person or
persons and from all costs and expenses of litigation brought against the
Contractor for such injuries to persons or damage to property occurring
during the agreement or thereafter that results from performance by
Contractor of the obligations set forth in this agreement. At all times during
the term of this agreement and for one year after acceptance of the project,
Sugar-loaf Joint Use Park
Contractor shall maintain on file with the County a certificate of the insurance
of the carriers showing that the aforesaid insurance policy is in effect. The
following coverage's shall be provided:
1. Workers Compensation insurance as required by Florida Statutes.
2. Commercial General Liability Insurance with minimum limits of
$500,000 per occurrence for bodily injury, personal injury and property
damage.
3. Comprehensive Auto Liability Insurance with minimum limits of
$300,000 combined single limit per occurrence.
The Contractor, the County and the SCHOOL BOARD shall be named as
additional insured, exempt workers compensation. The policies shall provide
no less than 30 days notice of cancellation, non-renewal or reduction of
coverage.
At all times during the term of this agreement and for one year after
acceptance of the project, Contractor shall maintain on file with the County a
certificate of insurance showing that the aforesaid insurance coverage's are
in effect.
e) Licensing and Permits. Contractor warrants that it shall have, prior to
commencement of work under this agreement and at all times during said
work, all required licenses and permits whether federal, state, County or
City.
f) Right to Audit. The Contractor shall keep such records as are
necessary to document the performance of the agreement and expenses as
incurred, and give access to these records at the request of the SCHOOL
BOARD, the County, the State of Florida or authorized agents and
representatives of said government bodies.
13. HOLD HARMLESS. To the extent allowed by law, the SCHOOL
BOARD is liable for and must fully defend, release, discharge, indemnify and
hold harmless the COUNTY, the members of the County Commission, County
officers and employees, County agents and contractors, and the Sheriff's
Office, its officers and employees, from and against any and all claims,
demands, causes of action, losses, costs and expenses of whatever type -
including investigation and witness costs and expenses and attorneys' fees
and costs - that arise out of or are attributable to the SCHOOL BOARD's
operations on the premises except for those claims, demands, damages,
liabilities, actions, causes of action, losses, costs and expenses that are the
result of the sole negligence of the COUNTY. The SCHOOL BOARD's purchase
of the insurance required under this Agreement does not release or vitiate its
obligations under this paragraph. SCHOOL BOARD does not waive any of its
sovereign immunity rights including but not limited to those expressed in
Section 768.28, Florida Statutes.
Sugarloaf Joint Use Park
To the extent allowed by law, the COUNTY is liable for and must fully defend,
release, discharge, indemnify and hold harmless the SCHOOL BOARD, its
members, officers and employees, agents and contractors, from and against
any and all claims, demands, causes of action, losses, costs and expenses of
whatever type - including investigation and witness costs and expenses and
attorneys' fees and costs - that arise out of or are attributable to the
COUNTY's operations on the premises except for those claims, demands,
damages, liabilities, actions, causes of action, losses, costs and expenses
that are the result of the sole negligence of the SCHOOL BOARD. The
COUNTY's purchase of the insurance required under this Agreement does not
release or vitiate its obligations under this paragraph. COUNTY does not
waive any of its sovereign immunity rights including but not limited to those
expressed in Section 768.28, Florida Statutes.
14. NON-DISCRIMINATION. The SCHOOL BOARD and the COUNTY,
each for itself, its personal representatives, successors in interest, and
assigns, as a part of the consideration hereof, does hereby covenant and
agree that no person on the grounds of race, color, or national origin shall be
excluded from participation in, denied the benefits of, or be otherwise
subjected to discrimination in the use of premises or in the contracting for
improvements to the premises.
COUNTY and SCHOOL BOARD agree that there will be no discrimination
against any person, 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 SCHOOL
BOARD 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 VI 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. 1201 Note), as maybe
amended from time to time, relating to nondiscrimination on the basis of
Sugarloaf Joint Use Park.
disability; 10) Monroe County Code Ch. 13, Art. VI, 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.
15. TERMINATION. Either party may terminate this agreement for
cause after giving to the other party at least ninety days written notice of the
breach, allowing the allegedly breaching party a period of forty-five (45)
days within which to cure said breach. Failure to cure the breach shall be
noticed by the terminating party in writing and provided to the breaching
party at least twenty (20) days prior to the termination date. Nothing in this
paragraph shall abrogate the SCHOOL BOARD's requirement to maintain the
use of the premises as a recreational facility, open to the public, unless,
pursuant to Section l1.A. of this agreement, School Board pays COUNTY a
prorated amount of the funding provided for the improvements made to
create the joint use park.
16. ASSIGNMENT. The SCHOOL BOARD may not assign this Agreement
or assign or subcontract any of its obligations under this Agreement without
the approval of the COUNTY's Board of County Commissioners. All the
obligations of this Agreement will extend to and bind the legal
representatives, successors and assigns of the SCHOOL BOARD and the
COUNTY.
17. SUBORDINATION. This Agreement is subordinate to the laws and
regulations of the United States, the State of Florida, and the COUNTY,
whether in effect on commencement of this lease or adopted after that date.
18. 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.
19. GOVERNING LAWS/VENUE. This Agreement is governed by the
laws of the State of Florida and the United States. Venue for any dispute
arising under this Agreement must be in Monroe County, Florida. In the
event of any litigation, the prevailing party is entitled to a reasonable
attorney's fee and costs.
20. ETHICS CLAUSE. SCHOOL BOARD 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 Lease without liability and may
also, in its discretion, deduct from the Lease or purchase price, or otherwise
Sugarloaf Joint Use Park
recover, the full amount of any fee, commission, percentage, gift or
consideration paid to the former County officer or employee.
21. CONSTRUCTION. This Agreement has been carefully reviewed by the
SCHOOL BOARD and the COUNTY. Therefore, this Agreement is not to be
construed against any party on the basis of authorship.
22. NOTICES. Notices in this Agreement, unless otherwise specified,
must be sent by certified mail to the following:
COUNTY:
SCHOOL BOARD:
County Administrator
1100 Simonton Street
Key West, FL 33040
Fred Sims, TPM Liaison
241 Trumbo Road
Key West, FL 33040
23. 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.
IN WITNESS WHEREOF, each party has caused this Agreement to be
by its duly authorized representative.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Pol:, By: ~ >n ~
Mayor/Ch Ir n
SCHOOL BOARD OF MONROE COUNTY
Sugarloaf Joint Use Park
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