Poinciana Elementary 09/19/2007 i
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: January 22, 2008
TO: Irene Toner, Director
Emergency Management
ATTN: Alary Luttazi
FROM: Pamela G. Hanci
Deputy Clerk
At the January 16, 2008, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
Modification#3 to Grant Agreement No. 06-DS-3W-11-54-01-309 between Monroe
County and the Department of Community Affairs to reinstate and extend through February 28,
2008, and authorization for the Acting County Administrator to execute any other required
documentation in relation to the application process. Enclosed are three duplicate originals,
executed on behalf of Monroe County,for your handling. Please be sure to return the fully
executed "Monroe County Clerk's Office Original" and the "Monroe County Finance
Department's Original" as soon as possible.
First Amendment to the Interlocal Agreement between Monroe County and the Monroe
County School Board, to provide payment for the cost of Enhanced Hurricane Protection Area
Upgrade cost for Poinciana Elementary School to enable the use of the school facility as a
hurricane shelter and Refuge of Last Resort. Enclosed is a duplicate original for your handling.
At the September 19, 2007, BOCC meeting the Board granted 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 Poinciana
Elementary School to enable the use of the school facility as a hurricane shelter and Refuge of
Last Resort. Enclosed is a duplicate original, that was just received by our office for execution,
for your hanlding.
Should you have any questions please do not hesitate to contact this office.
cc: County Attorney,
Finance
File
lliTERLOCALAGREEMENT
"-
THIS INTERLOCAL AGREEMENT is entered into this t1 day of~,
2007, 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 ("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 governrnental 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, Ithat local school facilities under construction or in the planning stages be
construclted in such a way as to allow the facilities to be used as hurricane shelters;
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:
1
Section 1. Services. In or about October 2006, SCHOOL DISTRICT
directed the general contractor in charge of construction for new Poinciana
Elementary School, Heery International, Inc., to incorporate EHPA upgrades in
the design and construction of the school. EHP A upgrades consisted of the
following: Automatic transfer switch (transfers power from generator to Fire
Pump); electrical costs associated with EHPA; moving power from generator to
fire alarm pane; generator and generator install; foundation for generator room;
mechanical costs for duct, louvers, and installation; doors and frame for generator
room; design fee; and project manager (TPM) fee. On or about October 19, 2006,
SCHOOL DISTRICT paid $135,927.75 to Heery International, Inc. for the above-
referenced services.
Section 2. Payment. In return for the EHPA upgrades detailed above,
and the agreement to allow County to use this school and other school facilities as
Shelters and Refuges of Last Resort as detailed further in another interlocal
agreement to be executed at the same time, 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, Inc., COUNTY shall issue a check to
SCHOOL BOARD in the amount of $135,927.75.
Section 3. Termination. With the exception of the agreement by
SCHOOL BOARD to allow COUNTY to use the school as a Shelter and Refuge
of Last Resort, detailed further in a separate, contemporaneous interlocal
agreement, 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:
2
If to COUNTY:
Irene Toner, FPEM, CPM
Director
Monroe County Emergency Management
490 63rd Street, Ocean
Suite 150
Marathon, FL 33050
With a copy to:
Suzanne A. Hutton, Esq.
Monroe County Attorney
P.O. Box 1026
Key West, FL 33041-1026
If to SCHOOL BOARD:
Randy Acevedo
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. Governinl! 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 Iudicial
Circuit Court. This Agreement shall not be subject to arbitration.
Section 6. Entire Al!reementIModiticationlAmendment. 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 a 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
3
INTERLOCAL AGREEMENT. Either party may cancel this INTERLOCAL
AGREEMENT for refusal to allow access to any records pertaining to work
perforffil~d under this Agreement that are subject to the Florida Government in the
Sunshine Law or the Florida Public Records Act.
Section 8. Non-Reliance Bv 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.
Section 12. Counteroarts. 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.
4
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)
Title vm 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. Assimment. 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
5
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. 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, 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.
Section 19. Severabilitv. 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.
[THE REMAINDER OF TIDS PAGE INTENTIONALLY LEFT
BLANK]
6
lliI WITNESS WHEREOF, the parties hereto have set their hands and seals
the day ~md year first written above.
ATTEST: of
COUNTY CLE \ '_~
BY~.....e ...::
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
DANl\'lY L. KO
By:
"~(j,,,,,".,,,y",
Charles "Sonny" McCoy
SCHOOL BOARD OF MONROE COUNTY
(Seal)
ATTEST:
~
By: (kJ I ,Jj-U
Charrperson
By:
MONROE COUNTY ATTORNEY
[P~S-l~ P
v CYNTHIA L. HA
ASSISTANJ; COUNTY ~TORNEY
Date '1- :t - 0
::x ....,
=
<:> 0 =
z ~. """
;':) -"~ <- ,",'I
0 ("):::.;:: ::- ,
M r"':: Z
-
-', N
('") .
:=:; c:- N
"""
-. ::3:
-,
-1 .r:- ::~
r W
:J> .
7