Poinciana Elementary 1st Amendment 01/16/2008
DANNYL. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
January 22, 2008
TO:
Irene Toner, Director
Emergency Management
ATTN:
FROM:
Alary Luttazi
Pamela G. HancaJv
Deputy Clerk a
At th,~ 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-l 1-54-01-309 between Momoe
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 lnterlocal Agreement between Momoe County and the Momoe
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 lnterlocal Agreement (ILA) with the Momoe 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
INTERLOCAL AGREEMENT
THIS FIRST AMENDMENT to the INTERLOCAL AGREEMENT between the Board
of County Commissioners of Monroe County (BOCC), and the School Board of Monroe County
("SCHOOL BOARD"), as the contracting agent for the School District~Monroe County, a
p lic agency of the State of Florida, is made and entered iIito this -.lJp~ day of
~, 2001; by and between MONROE COUNTY, a political subdivision of the
ate of Flor la (hereinafter "County"), and the SCHOOL BOARD.
WITNESSETH
WHEREAS, on the 18th day of May, 2005, the BOCC passed a motion granting approval
of funding in an amount not to exceed $200,000.00 for Enhanced Hurricane Protection Area
(EHPA) upgrades at Poinciana; and
WHEREAS, on, or about, October 2006, SCHOOL DISTRICT directed the general
contractor in ,charge of construction for new Poinciana Elementary School, Heery International,
Inc., to incorporate EHP A 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 Total Program
Management (TPM) fee. On or about October 19, 2006, SCHOOL DISTRICT paid $135,927.75
to Heery International, Inc. for the above-referenced services; and
WHEREAS, on the 25th day of September, 2007, the parties entered into an Interlocal
Agreement with the SCHOOL BOARD in order to reimburse the SCHOOL BOARD for
Enhanced Hurricane Protection Area (EHP A) upgrade costs at Poinciana Elementary School
("Poinciana"); and
WHEREAS, at the time the Interlocal Agreement was placed on the agenda, it was
contemplated that there would be a second interlocal agreement ("Second Interlocal
Agreement") also placed on the same agenda addressing the use of other SCHOOL BOARD
facilities as shelters, and, however, staff withdrew the Second Interlocal Agreement; but
WHEREAS, there was language in the original interlocal agreement cross-referencing the
Second Interllocal Agreement which is now redundant and must be removed in order to be clear;
and
WHEREAS, it is necessary to have this amendment in order to remove and clarify that
language; and
WHEREAS, this amendment is in the best interests of the citizens of Monroe County,
Florida;
NOW, THEREFORE, the parties agree to amend the Agreement as follows:
1. The foregoing provisions are included as if fully set forth herein.
2. WHEREAS, Section 2 of the Interlocal Agreement is to read as follows:
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, Inc., COUNTY shall issue a check to SCHOOL BOARD
in the amount of $135,927.75; and
3. WHEREAS, Section 3 of the Interlocal Agreement is amended to read;
This INTERLOCAL AGREEMENT will terminate upon receipt by the SCHOOL
BOARD of the funds referenced above.
4. In all other respects, the Agreement between the parties dated, 25th day of September,
2007 remains in full force and effect.
g . KOLHAGE, Clerk
. ,COUNTY
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
~
By:
Deputy Clerk
~lal~v :E).~ weIlIlar~, Mavor
Charles Sonny McCoy
SCHOOL BOARD OF MONROE COUNTY
(Seal)
ATTEST: a
By:--;j17~ U14~
~cevedo, Superintendent
By: ~ JJ#
Chalfperson
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