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INTERLOCAL AGREEMENT
BETWEEN
THE SCHOOL BOARD OF MONRO~ COUNTY
AND THE
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
This Agreement (Agreement) is made and entered into this 20th day of
February, 2008 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, FL 33040.
WITNESSETH:
WHEREAS, COUNTY is authorized by Section 125.01(1){f),F.S. to provide
recreational and cultural programs; 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 Section 163.01(4), Florida Statutes,
to enter into an interlocal agreement to carry out their independent powers; and
WHEREAS, SCHOOL BOARD has provided space, communications equipment
and utilities at a local school for the administration of a student-services program
entitled "Just 4 Kids"; and
WHEREAS, SCHOOL BOARD is to contract with Its Just 4 Kids, Inc. ("J4K-
INC.") for the provision of services utilizing the "Just 4 Kids" program; and
WHEREAS, the parties desire to provide for the enhancement of the Just 4
Kids program;
NOW THEREFORE, IN CONSIDERATION OF the mutual promises and
conditions contained herein, the parties agree as follolNs:
1. SCOPE. The Parties shall cooperate in support of "Just 4 Kids" ("J4K") as
follows:
A. COUNTY RESPONSIBILITY:
COUNTY shall provide SCHOOL BOARD up to a maximum of sixty-one
thousand, seven hundred, fifty and no/100 dollars ($61,750.00) in funding for fiscal
year 2008 according to the terms of payment in Paragraph 3.
B. SCHOOL BOARD RESPONSIBILITY:
This Agreement is contingl;lnt upon an agreemerit being executed between
SCHOOL BOARD and J4K-INC., and providing a copy of the executed agreement to
COUNTY. SCHOOL BOARD shall enter into an agreement with J4K-INC. to p~9vide
space and support for the J4K program and its related activities. These include but
are not limited to: Keeping Our Kids Fit outreach service, J4K art classes, Art
Against Graffiti, J4K 1st Response Hurricane Relief, PROM clothing assistance,
storage of equipment and supplies, and a small office for the PROGRAM Director.
That agreement shall provide for specific requirements as detailed below, including
receiving and processing invoices, verifying the provision of services, and sending
invoices with service verification to the COUNTY for payment.
(1) AGREEMENT PROVISIONS: The agreement between SCHOOL BOARD and
J4K-INC. shall, at a minimum, provide:
(a) J4K-INC. must furnish to the SCHOOL BOARD: evidence of the
organization's non-profit corporate status; a list of the organization's Board of
Directors or governing body; an annual audited financial report; a copy the
organization's mission; a copy of the organization's Corporate Policies and
Procedures Manual, if one exists, and if one does not exist, one must be developed
within sixty (60) days of complete execution of the agreement, such Manual
including hiring policies for all staff, drug and alcohol free workplace provisions, and
equal employment opportunity provisions. Additionally, any employer or sub-
contractor of the J4K-INC. shall provide to SCHOOL BOARD and COUNTY semi-
annual performance reports, which should include performance measurements
which will demonstrate the level of accomplishment of goals for which funding has
been provided; other reasonable reports and information related to compliance with
applicable laws, contract provisions and the scope of Services.
(b) J4K-INC. shall maintain and keep for a period of four (4) years,
appropriate records to insure a proper accounting of all funds and expenditures, and
shall provide a clear financial audit trail to allow for full accountability of funds
received from its Board or governing body. Access to these records shall be
provided during weekdays, 8 a.m. to 5 p.m., upon request of the SCHOOL BOARD,
the COUNTY, the State of Florida, or their authorized agents and representatives.
(c) J4K-INC. shall be responsible for repayment of any and all audit
exceptions which are identified by the Auditor General of the State of Florida, the
SCHOOL BOARD, the Clerk of Court for Monroe COUNTY, an independent auditor, or
their agents and representatives. In the event of an audit exception, the current
fiscal year contract amount or subsequent fiscal year contract amounts shall be
offset by the amount of the audit exception. In the event this agreement is not
renewed or continued in subsequent years through new or amended contracts, J4K-
INC. shall be billed by the SCHOOL BOARD for the amount of the audit exception
and the J4K-INC. shall promptly repay any audit exception.
(d) J4K-INC. covenants and agrees to indemnify and hold harmless SCHOOL
BOARD and COUNTY from any and all claims for bodily injury (including death),
personal injury, and property damage (including prop'erty owned by Monroe
County) and any other losses, damages, and expenses (including attorney's fees)
which arise out of, in connection with, or by reason of services provided by J4K-
INC., including their employees, agents, volunteers, or assigns and for those
occasioned by the negligence, errors, or other wrongful act or omission of J4K-INC.
employees, agents, or volunteers.
(e) At all times and for all purposes hereunder,J4K-INC. is an independent
contractor and not an employee of the SCHOOL BOARD or COUNTY. No statement
contained in this agreement shall be construed so as to find J4K-INC. or any of its
employees, contractors, servants or agents to be employees of the SCHOOL BOARD
or COUNTY.
(f) In providing all services pursuant to this agreement, J4K-INC. shall abide
by all statutes, ordinances, rules and regulations pertaining to or regulating the
provision of such services, including those now in effeCt and hereinafter adopted.
Any violation of said statutes, ordinances, rules and regulations shall constitute a
material breach of this agreement and shall entitle the COUNTY to terminate its
contract with SCHOOL BOARD immediately upon delivery of written notice of
termination to J4K-INC.
(g) J4K-INC. agrees that it 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, gender
preference, 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.
(h) J4K-INC. 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 J4K-
INC.. 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. J4K-INC. 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 Just 4 Kids
program and its related services.
(i) J4K-INC. 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 J4K-INC. in the performance of the
terms of this agreement. J4K-INC. shall immediately give notice to the COUNTY of
any suit, claim or action made against J4K-INC. 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.
(j) J4K-INC. confirms that there is a liability insl,lrance policy, be it provided
by J4K-INC. or the SCHOOL BOARD, which will insure against any suits, claims or
actions brought by any person or persons and from all costs and expenses of
litigation brought against J4k-INC. for such injuries to persons or damage to
property occurring during the agreement or thereafter that results from
performance by J4k-INC. 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,
evidence of this insurance shall be maintained on file with the SCHOOL BOARD
showing that the aforesaid coverage is in effect. The following coverage shall
specifically be provided:
1. Non-Profit Directors and Officers Liability in the amount of $1,000,000.00;
and
2. Employment Practices Liability in the amount of $1,000,000.00.
The policy shall provide no less than thirty (30) days notice of cancellation,
non-renewal or reduction of coverage.
(k) J4K-INC. shall keep such records for a period of at least four (4) years 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.
2. TERM.
A. Subject to and upon the terms and conditions set forth herein, this
Agreement shall be effective retroactively to October 1, 2007, and end on
September 30, 2008.
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. PAYMENT. No payment shall be made until the agreement referenced in
Paragraph 1. B. has been executed and provided to COUNTY. Payment will be made
periodically, but no more frequently than monthly, as hereinafter set forth.
Reimbursement requests will be submitted to the Board via the Clerk's Finance
Office. The COUNTY shall only reimburse, subject to the funded amounts, those
reimbursable expenses which are reviewed and approved as complying with this
Agreement. Evidence of payment by the SCHOOL BOARD shall be in the form of a
letter, summarizing the expenses, with supporting clocumentation attached.
The letter should contain a certification statement. An example of a reimbursement
request cover letter is included as Attachment A. ThE! SCHOOL BOARD'S final
invoice must be received within sixty days after the termination date of this
contract shown in Article 2 above.
After the Clerk of the Board of County Commissioners examines and approves
the request for reimbursement, the COUNTY shall reimburse the SCHOOL BOARD.
However, the total of said reimbursement expense payments in the aggregate sum
shall not exceed the total amount shown in Article 1, above, during the term of this
agreement, and shall not exceed the sum of five thousand, one hundred, forty-five
and 84/00 Dollars ($5,145.84) per month.
4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be
continued at a level sufficient to allow for continued reimbursement of expenditures
for services specified herein, this agreement may be terminated immediately at the
option of the COUNTY by written notice of termination delivered to the SCHOOL
BOARD. The COUNTY shall not be obligated to pay for any services or goods
provided by the SCHOOL BOARD after the SCHOOL BOARD has received written
notice of termination, unless otherwise required by law.
5. CLAIMS FOR FEDERAL OR STATE AID. SCHOOL BOARD and COUNTY
agree that each shall be, and is, empowered to apply for, seek, and obtain federal
and state funds to further the purpose of this Agreement; provided that all
applications, requests, grant proposals, and funding solicitations shall be approved
by each party prior to submission.
6. AUTHORITY. Each party represents and warrants to the other that the
execution, delivery and performance of this Agreement have been duly authorized
by all necessary County and corporate action, as required by law.
RECORDKEEPING
7. RECORDS. SCHOOL BOARD shall maintain all books, records, and
documents directly pertinent to performance under this Agreement in accordance
with generally accepted accounting principles consistently applied. Each party to
this Agreement or their authorized representatives shall have reasonable and timely
access to such records of each other party to this Agreement for public records
purposes during the term of the Agreement and for four years following the
termination of this Agreement. If an auditor employed by the County or Clerk
determines that monies paid to SCHOOL BOARD pursiJant to this Agreement were
spent for purposes not authorized by this Agreement, the SCHOOL BOARD shall
repay the monies together with interest calculated pursuant to Sec. 55.03, FS,
running from the date the monies were paid to SCHOOL BOARD.
8. PUBLIC ACCESS. The COUNTY and SCHOOL BOARD shall allow and
permit reasonable access to, and inspection of, all documents, papers, letters or
other materials in its possession or under its control !lubject to the provisions of
Chapter 119, Florida Statutes, and made or received by the COUNTY and SCHOOL
BOARD in conjunction with this Agreement; and the COUNTY shall have the right to
unilaterally cancel this Agreement upon violation of this provision by SCHOOL
BOARD.
OTHER RESPONSIBILITIES
9. ATTESTATIONS. SCHOOL BOARD agrees to execute such documents as
the COUNTY may reasonably require, to include a Public Entity Crime Statement, an
Ethics Statement, and a Drug-Free Workplace Statement.
10. SCOPE OF SERVICES. The SCHOOL BOARD, for the consideration
named, covenants and agrees with the COUNTY to substantially and satisfactorily
perform and carry out the duties of the Board in providing services that include but
are not limited to the following: Supplies and personnel expenses for the J4K
Keeping Our Kids Fit outreach service, J4K art classes; J4K Art Against Graffiti, J4K
1 st Response Hurricane Relief, and J4K clothing assistC!nce These services are
provided to children in need who are of school age and younger and are living in
Monroe County, Florida. J4K services are usually provided in the child's
environment, e.g., in the home, classroom, or other pUblic meeting place.
11. ATTORNEY'S FEES AND COSTS. The COUNTY and SCHOOL BOARD
agree that in the event any cause of action or administrative proceeding is initiated
or defended by any party relative to the enforcement or interpretation of this
Agreement, the prevailing party shall be entitled to reasonable attorney's fees,
court costs, investigative, and out-of-pocket expenses, as an award against the
non-prevailing party, and shall include attorney's fees, courts costs, investigative,
and out-of-pocket expenses in appellate proceedings. Mediation proceedings
initiated and conducted pursuant to this Agreement shall be in accordance with the
Florida Rules of Civil Procedure and usual and customary procedures required by
the circuit court of Monroe County.
12. BINDING EFFECT. The terms, covenants, conditions, and provisions of
this Agreement shall bind and inure to the benefit of the County and SCHOOL
BOARD and their respective legal representatives, successors, and assigns.
13. CODE OF ETHICS. County agrees that officers and employees of the
County recognize and will be required to comply with the standards of conduct for
public officers and employees as delineated in Section 112.313, Florida Statutes,
regarding, but not limited to, solicitation or acceptance of gifts; doing business with
one's agency; unauthorized compensation; misuse of public position, conflicting
employment or contractual relationship; and disclosure or use of certain
information.
14. NO SOLICITATION/PAYMENT. The COUNTY and SCHOOL BOARD
warrant that, in respect to itself, it has neither employed nor retained any company
or person, other than a bona fide employee working solely for it, to solicit or secure
this Agreement and that it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fidE!! employee working solely for
it, any fee, commission, percentage, gift, or other cOl'lsideration contingent upon or
resulting from the award or making of this Agreement~ For the breach or violation
of the provision, the SCHOOL BOARD agrees that the County shall have the right to
terminate this Agreement without liability and, at its discretion, to offset from
monies owed, or otherwise recover, the full amount of'such fee, commission,
percentage, gift, or consideration.
15. INDEPENDENT CONTRACTOR. At all times and for all purposes
hereunder, the SCHOOL BOARD is an independent contractor and not an employee
of the COUNTY. No statement contained in this agreement shall be construed so as
to find the SCHOOL BOARD or any of its employees, contractors, servants or agents
to be employees of the COUNTY.
COMPLIANCE ISSUES
16. COMPLIANCE WITH LAW. In providing all services pursuant to this
agreement, the COUNTY and SCHOOL BOARD agree that each shall abide by all
statutes, ordinances, rules and regulations pertaining to or regulating the provision
of such services, including those now in effect and hereinafter adopted. Any
violation of said statutes, ordinances, rules and regulations shall constitute a
material breach of this agreement and shall entitle the COUNTY or SCHOOL BOARD
to terminate this contract immediately upon delivery of written notice of termination
to the other.
17. PROFESSIONAL RESPONSIBILITY AND LICENSING. The SCHOOL
BOARD shall assure that all professionals have current and appropriate professional
licenses and professional liability insurance coverage. Funding by the COUNTY is
contingent upon retention of appropriate local, state and/or federal certification
and/or licensure of the SCHOOL BOARD's program and staff.
18. DISCRIMINATION. 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 or 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 VII 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 iComprehensive Alcohol Abuse
and Alcoholism Prevention, Treatment and RehabilitaUion 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 55.
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 th$ 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
disability; 10) Any other nondiscrimination provisions In any Federal or state
statutes which may apply to the parties to, or the subject matter of, this
Agreement.
AMENDMENTS, CHANGES, AND DISPUTES
19. MODIFICATIONS AND AMENDMENTS. Any and all modifications of
the services and/or reimbursement of services shall be accomplished by an
amendment, which must be approved in writing by the COUNTY and SCHOOL
BOARD.
20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. COUNTY and
SCHOOL BOARD agree that all disputes and disagreements shall be attempted to be
resolved by meet and confer sessions between representatives of each of the
parties. If no resolution can be agreed upon within 30 days after the first meet and
confer session, the issue or issues shall be discussed at a public meeting of the
Board of County Commissioners. If the issue or issueS are still not resolved to the
satisfaction of the parties, then any party shall have the right to seek such relief or
remedy as may be provided by this Agreement or by Florida law.
21. COOPERATION. In the event any administrative or legal proceeding is
instituted against either party relating to the formation, execution, performance, or
breach of this Agreement, COUNTY and SCHOOL BOARD agree to participate, to the
extent required by the other party, in all proceedings, hearings, processes,
meetings, and other activities related to the substance of this Agreement or
provision of the services under this Agreement. COUNTY and SCHOOL BOARD
specifically agree that no party to this Agreement shall be required to enter into any
arbitration proceedings related to this Agreement.
22. TERMINATION. This Agreement may be terminated by either party
upon forty-five (45) days written notice to the other party.
ASSURANCES
23. COVENANT OF NO INTEREST. COUNTY and SCHOOL BOARD 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 Agreement,
and that only interest of each is to perform and receive benefits as recited in this
Agreement.
24. NO ASSIGNMENT. The SCHOOL BOARD shall not assign this agreement
except in writing and with the prior written approval cPf the COUNTY, which approval
shall be subject to such conditions and provisions as the COUNTY may deem
necessary. This agreement shall be incorporated by reference into any assignment
and any assignee shall comply with all of the provisiorjs herein. Unless expressly
provided for therein, such approval shall in no manne~ or event be deemed to
impose any obligation upon the COUNTY in addition to the total agreed upon
reimbursement amount for the services of the SCHOOl- BOARD.
25. NON-WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec.
768.28, Florida Statutes, the participation of the COUNTY and the SCHOOL BOARD
in this Agreement and the acquisition of any commercial liability insurance
coverage, self-insurance coverage, or local government liability insurance pool
coverage shall not be deemed a waiver of immunity to the extent of liability
coverage, nor shall any contract entered into by the COUNTY be required to contain
any provision for waiver.
INDEMNITY ISSUES
26. INDEMNIFICATION AND HOLD HARMLeSS. To the extent allowed by
law, the SCHOOL BOARD covenants and agrees to indemnify and hold harmless
Monroe County Board of County Commissioners from ~ny and all claims for bodily
injury (including death), personal injury, and property damage (including property
owned by Monroe County) and any other losses, damages, and expenses (including
attorney's fees) which arise out of, in connection with, or by reason of services
provided by the SCHOOL BOARD occasioned by the negligence, errors, or other
wrongful act or omission of the SCHOOL BOARD's employees, agents, or volunteers.
27. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities
from Iiability, exemptions from laws, ordinances, and rules and pensions and relief,
disability, workers' compensation, and other benefits which apply to the activity of
officers, agents, or employees of any public agents or employees of the COUNTY,
when performing their respective functions under this Agreement within the
territorial limits of the County shall apply to the same degree and extent to the
performance of such functions and duties of such officers, agents, volunteers, or
employees outside the territorial limits of the County.
28. NO PERSONAL LIABILITY. No covenantor agreement contained
herein shall be deemed to be a covenant or agreement of any member, officer,
agent or employee of Monroe County in his or her indjvidual capacity, and no
member, officer, agent or employee of Monroe County shall be liable personally on
this Agreement or be subject to any personal liability or accountability by reason of
the execution of this Agreement.
29. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non-Delegation of
Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it
be construed as, relieving any participating entity from any obligation or
responsibility imposed upon the entity by law except ~o the extent of actual and
timely performance thereof by any participating entit~, in which case the
performance may be offered in satisfaction of the obli~ation or responsibility.
Further, this Agreement is not intended to, nor shall it be construed as, authorizing
the delegation of the constitutional or statutory duties of the COUNTY, except to the
extent permitted by the Florida constitution, state statute, and case law.
30. NON-RELIANCE BY NON-PARTIES. No person or entity shall be
entitled to rely upon the terms, or any of them, of this Agreement to enforce or
attempt to enforce any third-party claim or entitlement to or benefit of any service
or program contemplated hereunder, and the COUNTY and the SCHOOL BOARD
agree that neither the COUNTY nor the SCHOOL BOARD or 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 Agreement separate and apart, inferior to, or
superior to the community in general or for the purposes contemplated in this
Agreement.
31. EXECUTION IN COUNTERPARTS. This Agreement may be executed in
any number of counterparts, each of which shall be regarded as an original, all of
which taken together shall constitute one and the same instrument and any of the
parties hereto may execute this Agreement by signing any such counterpart.
32. NOTICE. Any notice required or permitted under this agreement shall be
in writing and hand-delivered or mailed, postage pre-paid, by certified mail, return
receipt requested, to the other party as follows:
For COUNTY:
David P. Owens, Grants Administrator and
Gato Building
1100 Simonton Street
Key West, FL 33040
Monroe County Attorney
PO Box 1026
Key West, FL 33041
For SCHOOL BOARD and
Chairman
Monroe County School Board
241 Trumbo Road
Key West, FI 33040
Superintendent of Schools
241 Trumbo Road
Key West, FI 33040
33. CONSENT TO JURISDICTION. Governing Law, Venue, Interpretation,
Costs, and Fees: This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida applitable to contracts made and to
be performed entirely in the State.
In the event that any cause of action or administrative proceeding is
instituted for the enforcement or interpretation of this Agreement, the COUNTY and
SCHOOL BOARD agree that venue will lie in the appropriate court or before the
appropriate administrative body in Monroe County, Florida.
34. NON-WAIVER. Any waiver of any breach of covenants herein contained
to be kept and performed by the SCHOOL BOARD sh;j!1I not be deemed or
considered as a continuing waiver and shall not operate to bar or prevent the
COUNTY from declaring a forfeiture for any succeeding breach, either of the same
conditions or covenants or otherwise.
35. SEVERABILITY. If any term, covenant, condition or provision of this
Agreement (or the application thereof to any circumstance or person) shall be
declared invalid or unenforceable to any extent by a court of competent jurisdiction,
the remaining terms, covenants, conditions and provisions of this Agreement, shall
not be affected thereby; and each remaining term, covenant, condition and
provision of this Agreement shall be valid and shall be enforceable to the fullest
extent permitted by law unless the enforcement of the remaining terms, covenants,
conditions and provisions of this Agreement would prevent the accomplishment of
the original intent of this Agreement. The COUNTY and SCHOOL BOARD agree to
reform the Agreement to replace any stricken provision with a valid provision that
comes as close as possible to the intent of the stricken provision.
36. ENTIRE AGREEMENT. This agreement constitutes the entire agreement
of the parties hereto with respect to the subject matt$r hereof and supersedes any
and all prior agreements with respect to such subject matter between the SCHOOL
BOARD and the COUNTY.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
ex~@:t'iI;~(t~~:::QHhe day and year first written above.
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OUNTY SCHOOL BOARD
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MONROE COUNTY ATTORNEY
(}t!;ROYf..D AS TO FORM:
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CHRISTINE M. LIMBERT-BARROWS
ASSIST~NT CO~NTY ATTORNEY
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ATTACHMENT A
(ORGANIZATION
LETTERHEAD)
Monroe County Board of County Commissioners
Finance Department
500 Whitehead Street
Key West, FL 33040
Date
The following is a summary of the expenses for (Organization name) for the
time period of to
Check # Payee Reason
101 Company A Rent
102 Company B Utilities
104 Employee A P/R ending 05/14/01
105 Employee B P/R ending OS/28/01
Amount
$ X,XXX.XX
XXX.XX
XXX.XX
XXX.XX
(A) Total
$ X.XXX.XX
(B) Total prior payments
$ X,XXX.XX
(C) Total requested and paid (A + B)
(D) Total contract amount
Balance of contract (D-C)
$ X,XXX.XX
$ X,XXX.XX
$ X.XXX.XX
I certify that the above checks have been submitted to the vendors as noted
and that the expenses are accurate and in agreement with the records of this
organization. Furthermore, these expenses are in COmpliance with this
organizations_ contract with the Monroe County Board of County Commissioners
and will not be submitted for reimbursement to any other funding source.
Executive Director
Attachments (supporting documentation)
Sworn to and subscribed before me this _ day of 2008
by who is personally known tome.
Notary Public
Niotary Stamp