02/20/2008 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
March 4, 2008
TO:
Irene Toner, Director
Emergency Management
Jose Tezanos . /
Isabel C. DeSantis . {J/
Deputy Clerk JI'"
ATTN:
FROM:
At the February 20,2008, Board of County Commissioner's meeting the Board granted
approval and authorized execution of an Interlocal Agreement between Monroe County and the
School Board of Monroe County, Florida to reimburse the School Board up to $20,248.00 for the
actual cost of the planning meeting and preparation for the same, consultants, materials and
participants provided for the all hazard and terrorist disaster planning meeting. This training was
held on January 15, 2008 at the City of Marathon Fire Station, and was eligible under the
Federally-Funded Subgrant Agreement 06-DS-3W-II-54-01-309.
Attached hereto is a fully executed duplicate original of the subject document for your
return to the Monroe County School Board. Should you have any questions, please do not
hesitate to contact this office.
cc: County Attorney
Finance
File V
INTERLOCAL AGREEM~
THIS INTERLOCAL AGREEMENT is entered into this 22 day of January, 2008 by and
between the Board of County Commissioners of Monroe COJ!lnty, a political subdivision of the
State of Florida (hereinafter "COUNTY"), and the SCHOOLiBOARD OF MONROE COUNTY,
FLORIDA ("School Board"), a public agency as defined in S~ction 163.01, Florida Statutes, whose
business address is 241 Trumbo Road, Key West, Florida 33040 ("School Board"). The County
and School Board hereby agree as follows:
WITNESSETH:
WHEREAS, on October 19,2005, COUNTY entered into a Federally-Funded Subgrant
Agreement with the State of Florida, Department of Community Affairs, Contract No. 06-DS-3W-
11-54-01-309 (hereinafter "SUB GRANT"), pursuant to which COUNTY received a total of
$36,322.00 to provide planning, training and exercises under the State Homeland Security Grant
Program - Issue 08; and
WHEREAS, under the terms of the SUB GRANT, COQNTY's representative with
responsibility for administration of the SUBGRANT is Monroe County Emergency Management;
and
WHEREAS, on January 15,2008, Monroe County School District conducted an all hazard
and terrorist disaster planning meeting at the City of Marathon Fire Station, during which
representatives from the Monroe County School District staff!\l1d administrators, Monroe County
Sheriffs Office, Monroe County Fire Rescue, Monroe County Emergency Management, Marathon
Fire Rescue, City of Key West Police and Fire Rescue, and Islamorada City of Islands Fire Rescue
participated in the all hazard and terrorist disaster planning meeting to look at a crisis plan that has
been both updated from the current plan as well as received input from other Florida School
Districts that have recently updated their utilizing a multi-agency approach such as Manatee by the
Safe School Coordinator; and
WHEREAS, the School Board assigned employees to prepare for the hazard and terrorist
disaster planning meeting by attending training and working with school safety experts.
WHEREAS, the School Board utilized a school safety expert to facilitate the planning
meeting to ensure collaboration between the above mentioned agencies.
WHEREAS, Monroe County Emergency Management desires to use a portion of the
SUB GRANT funds in order to reimburse the School Board for its payment for these training and
facilitator expenses.
WHEREAS, Monroe County Emergency Management desires to use a portion of the
SUB GRANT funds in order to reimburse the School Board for its payment to have the printing of
the flip charts, Crisis Plan, and any materials for ICS course.
NOW THEREFORE, COUNTY and School Board, thrpugh their respective governing
bodies, and in consideration of the mutual promises and covenant herein contained, hereby agree as
follows:
Page 1 of 4
Section 1. Services. On January 7-10, 2008, the School Board prepared employees
and expended money on materials for an all hazard and terrorist disaster planning meeting
administered by Monroe County Emergency Management by $ending them to a train the trainer
course.
Section 2. Services. On January 15,2008, the S~hool Board provided employees and
expended money on materials for an all hazard and terrorist disaster planning meeting administered
by Monroe County Emergency Management and Monroe County School District.
Section 3. Payment. COUNTY agrees to reimburse the School Board up to twenty
thousand two hundred and forty eight dollars ($ 20,248.00) for the actual cost of the planning
meeting and preparation for the same, consultants, materials and participants provided for the all
hazard and terrorist disaster planning meeting from the SUBGRANT funds within thirty (30) days
of the execution ofthis ILA by both parties in order to reimbul1Se the School Board for participation
costs by actual employees, consultants and materials. The School Board agrees that payment is
conditional upon delivery to COUNTY by SCHOOL BOARD of a copy of the flip chart, Crisis
Disaster Plan, and proper documentation to process reimbursement.
Section 4. Termination. This INTERLOCAL AGREEMENT will terminate upon
receipt by the School Board of the funds referenced above.
Section 5. Notices. All notices and other communications required under this
INTERLOCAL AGREEMENT must be in writing and addressed as follows:
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
Monroe County School Board
241 Trumbo Road
Key West, FL 33040
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.
Page 2 of 4
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Section 6. Governine: Law. This INTERLOCAL AGREEMENT shall be construed in
accordance with and governed by the laws of the State ofFlo~ida. Exclusive venue for any
litigation arising out of this ILA shall be in Monroe County, F1lorida, in the Sixteenth Judicial
Circuit Court. Mediation conducted regarding this Agreement shall be performed according to the
rules of the 16th Judicial Circuit for Monroe County, Florida. 'This Agreement is not subject to
arbitration.
Section 7. Entire Ae:reementJModification/AmendIrient. 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 8. 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, and except to the extent that disclosure is prohibited by the Health Insurance Portability and
Accountability Act of 1996 or another federal or state law, 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 9. 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 10. Taxes. COUNTY is exempt from payment of Florida State Sales and Use
taxes.
Section 11. Severabilitv. 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 12. 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 ILA shall not be construed as a waiverofthe violation or breach, or a
waiver of any future violation, breach, or wrongful conduct.
Section 13. 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.
Page 3 of4
IN WI1NESS WHEREOF, the parties hereto have entered into this Agreement the day and year
first above written;'
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By:
City Clerk
Page 4 of4
..-.......................-.-............
MONROE COUNTV SCHOOL BOARD
By: ~..,a~.~
Randy Acevedo
Superintendent
MONROE COUNTV BOARD
OF COUNT V COMMISSIONERS
~~ MoCoy
Mayor
By:
MONFiOE COUNTY ATTOFlNEY
PROVED,AS TO FO :
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