Item C35BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 21, 2009 Division: _ Emergency Services
Bulk Item: Yes X No Department: Emergency,Management
Staff Contact Person: Jose Tezanos
AGENDA ITEM WORDING: Approval for the BOCC to enter into an Interlocal Agreement (ILA)
with the Monroe County School Board (MCSB), to provide payment for the cost of Enhanced
Hurricane Protection Area Upgrade cost for Marathon High School to enable the use of the school
facility as a hurricane shelter and Refuge of Last Resort.
ITEM BACKGROUND: EHPA Criteria included in the design of new Marathon High School and
Gross Maximum Price (GMP): EHPA Envelope: 9,520 s/f: Gymnasium
PREVIOUS RELEVANT BOCC ACTION: On October 20, 2004, Commissioner Rice discussed
entering into negotiations with the MCSD regarding proposed construction of new schools currently in
the planning stages to possibly include the requirements to enable use of the school facilities as
hurricane shelters. On December 21, 2005, the BOCC discussed approval to designate County funds to
purchase a generator and install required electrical wiring for the Marathon Shelter and Refuge of Last
Resort at Marathon High School. On this day, through an "ADD -ON," Agenda Item #010, through
Division Director David P. Rice, Commissioner, District #4, $275,000.00 was approved, as a cost to
the county, for this EHPA upgrade. The upgrades were constructed at a net cost of $188,881.00 after
$50,000 contribution by City of Marathon.
CONTRACT/AGREEMENT CHANGES: None.
STAFF RECOMMENDATIONS: Acceptance
TOTAL COST: $188,881.00 BUDGETED: Yes X No
COST TO COUNTY: $188,881.00 SOURCE OF FUNDS: Advolarum
REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year
k
APPROVED BY: County Atty C /Purchasing Risk Management -
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 10/22
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: MC School District Contract #
Effective Date: October 21, 2009
Expiration Date:
Contract Purpose/Description:
Interlocal Agreement with the Monroe County School District (MCSD) to reimburse
MCSD for Enhanced Hurricane Protection Area Upgrading of the Marathon High SchooI
for purposes of enabling this facility's use as a Monroe County hurricane shelter and refuge
of last resort.
Contract Manager: Jose Tezanos 6325 14
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on Oct 21, 2009 Agenda Deadline: Oct 6, 2009
CONTRACT COSTS
Total Dollar Value of Contract: $ $ Current Year Portion: $ $
188,881.00 188,881.00
Budgeted? Yes❑ No ® Account Codes: 001-
Grant: $ - - - -
County Match: $ $ - - - -
188,881.00
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (eg. maintenance.
CONTRACT REVIEW
Changes
Date In Needed
Division Director `%30 -o'7 Yes❑ No[?"
Risk Mana ement Yes[:] Noa
O.M.B./Purhas ing Yes[] No
utilities, janitorial, salaries,
Date Out
z�
County Attorney ' 22 �� Yes[] No[' L7 2 - 0
Comments:
OMB Form Revised 2/27/01 MCP #2
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT is entered into this 21 day of
October, 2009, by and between the Board of County Commissioners of Monroe
County, a political subdivision of the State of Florida (hereinafter "COUNTY"),
whose address is 1100 Simonton Street, Key West, FL 33040, and the School
Board of Monroe County, Florida ("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, FL 33040.
WITNESSETH:
WHEREAS, COUNTY is authorized by Section 125.01(1)(p), F.S. to enter
into agreements with other governmental agencies within or outside the
boundaries for joint performance, or for performance by one unit in behalf of the
other, of any of either agency's authorized functions; and
WHEREAS, COUNTY is authorized by Section 252.38, F.S. to
appropriate and expend funds, make contracts, provide for the health and safety of
persons and property, including emergency assistance to the victims of any
emergency; and direct and coordinate the development of emergency management
plans and programs in accordance with the policies and plans set by the federal
and state emergency management agencies; 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 are authorized by the Florida Interlocal
Cooperation Act, Section 163.10, F.S. to enter into an interlocal agreement to
carry out their independent powers; and
WHEREAS, it is in the best interests of the citizens of Monroe County,
Florida, that local school facilities under construction or in the planning stages be
constructed in such a way as to allow the facilities to be used as hurricane shelters
or Refuges of Last Resorts; and
WHEREAS, the parties now desire to enter into an interlocal agreement
pursuant to which COUNTY will reimburse SCHOOL BOARD for enhanced
hurricane protection area (EHPA) upgrade costs.
NOW THEREFORE, COUNTY and SCHOOL BOARD, through their
respective elected governing bodies, and in consideration of the mutual promises
and covenants herein contained, hereby agree as follows:
Section 1. Services. In or about Wednesday, December 21, 2005, at
the regular meeting of the Monroe County Board of County Commissioners
(BOARD), under "Commissioner's Items," the BOARD discussed approval to
designate County funds to purchase a generator and install required electrical
wiring for the Marathon Shelter and Refuge of Last Resort at Marathon High
School. After discussion by Marathon City Manager, Mike Puto, School Board
Member, Andy Griffiths, and Neils Hubbell, Vice -President of Heery
International, Inc. motion was made by Commissioner Rice and seconded by
Commissioner Nelson granting approval of the item contingent upon a partnership
with the City of Marathon. The Motion carried unanimously.
This vote was taken pursuant to an "add -on" item added by Commissioner
David Rice, District 4 to the agenda of December 21, 2005. Agenda Item
Background information stated that through conversations with City of Marathon
staff and officials, there "seems to be interest in partnering with the County and
School board to fund the Marathon shelter, although no official action has taken
place to date."
The Agenda Item Summary for item #010_for this EHPA upgrade indicated
that there would be a cost to the County of $275,000.00. No disposition was
indicated on the Agenda Item Summary or in the motion passed by the BOCC at
the time and no funds were encumbered in the budget at the time.
Subsequent to this "agreement in concept," the SCHOOL DISTRICT
directed the general contractor in charge of construction for the Marathon High
School, Heery International, Inc., to incorporate EHPA upgrades in the design and
construction of the school. EHPA upgrades consisted of the following: electrical
reconfiguration, generator with fuel tank, water Storage and pump, and an exterior
building for a generator and tank.
SCHOOL DISTRICT has supplied documentation confirming the total cost
of the EHPA upgrades at Marathon High School totaling $241,260.25. The City
of Marathon partially funded the cost of the EHPA upgrades contributing
$50,000.00. The balance being requested by the SCHOOL DISTRICT from the
COUNTY for EHPA upgrades totals $188,881.00. In return for said payment,
SCHOOL DISTRICT understands and agrees that Marathon High School may be
used either as a shelter or as a Refuge of Last Resort in the event of a natural _
disaster and upon reasonable request by the COUNTY. SCHOOL DISTRICT
further understands and agrees that this payment is for the installation alone, and
that SCHOOL DISTRICT is responsible for maintenance of the upgrades and to
ensure that they are in good working order.
Section 2. Payyment, In return for the EHPA upgrades detailed above,
and upon presentation of a proper invoice as that term is defined in the Florida
Local Government Prompt Payment Act, Section 218.70, F.S., which invoice shall
include proof of actual payment by SCHOOL BOARD to Heery International,
E
Inc., COUNTY shall issue a check to SCHOOL BOARD in the amount of
$188,881.00.
Section 3. Termination. This INTERLOCAL AGREEMENT will
terminate upon receipt by SCHOOL BOARD of the funds referenced above.
Section 4. Notices. All notices and other communications required
under this INTERLOCAL AGREEMENT must be in writing and addressed as
follows:
If to COUNTY:
With a copy to:
If to SCHOOL BOARD:
Roman Gastesi
County Administrator
Monroe County
Gato Building
1100 Simonton Street
Key West, FL
33040
Suzanne A. Hutton, Esq.
Monroe County Attorney
P.O. Box 1026
Key West, FL 33041-1026
Dr. Joseph Burke
Superintendent of Schools
Monroe County School District
241 Trumbo Road
P.O. Box 1788
Key West, FL 33041-1788
Any Notice required by this Agreement shall be deemed to have been duly
given if sent by certificate mail, return receipt requested, postage and fees prepaid;
hand delivered; facsimile; or by overnight delivery service with proof of delivery.
Section 5. Governing Law. This INTERLOCAL AGREEMENT
shall be construed in accordance with and governed by the laws of the State of
Florida. Exclusive venue for any litigation arising out of this INTERLOCAL
AGREEMENT shall be in Monroe County, Florida, in the Sixteenth Judicial
Circuit Court. This Agreement shall not be subject to arbitration.
3
Section 6. Entire Agreement/Modification/Amendment. This writing
sets forth the entire agreement of the parties with respect to the subject matter of
this INTERLOCAL AGREEMENT. No representations were made or relied upon
by either party, other than those expressly set forth herein. No agent, employee, or
other representative of either party is empowered to modify or amend the terms of
this Agreement, unless in writing signed by both parties.
Section 7. Access to Records and Audits. In addition to any other
rights conferred upon the parties under the Florida Government in the Sunshine
Law or the Florida Public Records Act, both parties shall have the right to
examine and audit any records involving transactions related to this
INTERLOCAL AGREEMENT. Either party may cancel this INTERLOCAL
AGREEMENT for refusal to allow access to any records pertaining to work
performed under this Agreement that are subject to the Florida Government in the
Sunshine Law or the Florida Public Records Act.
Section 8. Non -Reliance by Non -Parties. No person or entity shall be
entitled to rely upon the terms of this Agreement, in order to enforce or attempt to
enforce any third -party claim or entitlement to or benefit from any service or
program contemplated hereunder, and COUNTY and SCHOOL BOARD agree
that neither party, nor any agent, officer, or employee of either, shall have the
authority to inform, counsel, or otherwise indicate that any particular individual or
group of individuals, entity or entities, have entitlements or benefits under this
INTERLOCAL AGREEMENT separate and apart, inferior to, or superior to, the
community in general, or for the purposes contemplated in this INTERLOCAL
AGREEMENT.
Section 9. Taxes. The parties are not subject to taxes or assessments.
Section 10. Severability. If any term or provision of this INTERLOCAL
AGREEMENT shall to any extent be held invalid or unenforceable, the remainder
of this INTERLOCAL AGREEMENT shall not be affected thereby, and each
remaining term and provision shall be valid and enforceable to the fullest extent
permitted by law. _
Section 11. Waiver. The failure of either party to this
INTERLOCAL AGREEMENT to object to or take affirmative action with respect
to any conduct of the other in violation of any term or condition of this
INTERLOCAL AGREEMENT shall not be construed as a waiver of the violation
or breach, or a waiver of any future violation, breach, or wrongful conduct.
9
Section 12. Counterparts. This INTERLOCAL AGREEMENT
may be executed in several counterparts, each of which shall be deemed an
original and such counterparts shall constitute one and the same instrument.
Section 13. Insurance. The parties to this INTERLOCAL
AGREEMENT stipulate that each is a state governmental agency as defined by
Florida Statutes and each represents to the other that it has purchased suitable
Public Liability, Vehicle Liability, and Workers' Compensation insurance, or is
self -insured, for any 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 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 own employees, agents, contractors, and
subcontractors. 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.
Section 14. Non -Discrimination. The parties 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. The parties 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 prohibit
discrimination in employment on the basis of race, color, religion, sex, and
national origin; 2) Title IX of the Education Amendment of 1972, as amended (20
USC §§ 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 _
§ 794), which prohibits discrimination on the basis of handicaps; 4) The Age
Discrimination Act of 1975, as amended (42 USC §§ 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, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as
amended, relating to confidentiality of alcohol and drug abuse patent records; 8)
5
Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 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 §§ 1201), as amended from time
to time, relating to nondiscrimination in employment on the basis of disability; 10)
Monroe County Code Chapter 13, Article VI, which prohibits discrimination on
the basis of race, color, sex, religion, 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.
Section 15. Assignment. SCHOOL BOARD may not assign this
INTERLOCAL AGREEMENT or assign or subcontract any of its obligations
under this Agreement without the approval of COUNTY's Board of County
Commissioners. All obligations under this INTERLOCAL AGREEMENT will
extend to and bind the legal representatives, successors, and assigns of SCHOOL
BOARD.
Section 16. Covenant of No Interest. SCHOOL BOARD and
COUNTY covenant that neither presently has any interest, and shall not acquire
any interest, which would conflict in any manner or degree with its performance
under this INTERLOCAL AGREEMENT, and that each's only interest is to
perform and receive the benefits as recited in this INTERLOCAL AGREEMENT.
Section 17. Code of Ethics. SCHOOL BOARD and COUNTY agree
that each agency's respective officers and employees recognize and 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 or contractual relationship;
and disclosure or use of certain information.
Section 18. 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. 0 10-
_
1990 or any COUNTY officer or employee in violation of Section 3 of Ordinance
No. 010-1990. For breach or violation of this provision, COUNTY may, in its
discretion, terminate this agreement without liability and may also, in its
discretion, deduct from the agreement or otherwise recover the full amount of any
fee, commission, percentage, gift, or consideration paid to the former COUNTY
officer or employee.
0
Section 19. Severability. In the event that one or more provisions of this
Agreement are declared invalid by a court of competent jurisdiction, the balance
of this Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals
the day and year first written above.
ATTEST: DANNY L. KOLHAGE,
COUNTY CLERK
MO.
Deputy Clerk
(Seal)
ATTEST:
Bv:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
LO-12
George Neugent, Mayor
SCHOOL BOARD OF MONROE COUNTY,
FLORIDA
Dr. Joseph Burke, Superintendent By:
Chairperson
MONROE COUNTY ATTORNEY
PROVED S O F RM:
CYNTHIA L. HALL
AS54 TANT �� N ��ATTORNEY
Date
7