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FY2009 10/15/2008DANNYL. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: November 12, 2008 TO: Lisa Tennyson Grants Management FROM: Isabel C. DeSantis . Deputy Clerk At the October 15, 2008, Board of County Commissioners meeting, the Board granted approval and authorized execution of an Interlocal Agreement between Monroe County and the School Board of Monroe County for the "Just 4 Kids", Inc., program in the amount of $49,400. Enclosed is a duplicate original of the above -mentioned for your handling. Should you have any questions please feel free to contact our office. cc: County Attorney Finance File INTERLOCAL AGREEMENT BETWEEN THE SCHOOL BOARD OF MONROE COUNTY AND THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS This Agreement is made and entered into this 15th day of October, 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 follows: 1. SCOPE. The Parties shall cooperate in support of 14K-INC. as follows: A. COUNTY RESPONSIBILITY: COUNTY shall provide SCHOOL BOARD up to a maximum of forty-nine thousand, four hundred, and no/100 dollars ($49,400.00) in funding for fiscal year 2009 according to the terms of payment in Paragraph 3. B. SCHOOL BOARD RESPONSIBILITY: This Agreement is contingent upon an agreement 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 14K-INC. to provide space and support for the 34K program and its related activities. These include but are not limited to: Keeping Our Kids Fit outreach service, 34K art classes, Art Against Graffiti, 34K 15t 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 14K-INC. shall, at a minimum, provide: (a) 14K-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 34K-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) 34K-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) 34K-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, 14K- INC. shall be billed by the SCHOOL BOARD for the amount of the audit exception and the 34K-INC. shall promptly repay any audit exception. (d) 34K-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 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 34K- INC., including their employees, agents, volunteers, or assigns and for those occasioned by the negligence, errors, or other wrongful act or omission of 34K-INC. employees, agents, or volunteers. (e) At all times and for all purposes hereunder, 34K-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 34K- 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. 14K-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) 34K-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 14K-INC. in the performance of the terms of this agreement. 34K-INC. shall immediately give notice to the COUNTY of any suit, claim or action made against 14K-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 insurance policy, be it provided by 14K-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 34k-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: and 1. Non -Profit Directors and Officers Liability in the amount of $1,000,000.00; 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) 14K-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, 2008, and end on September 30, 2009. 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 documentation 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 four thousand, one hundred, seventeen and 00/100 Dollars ($4,117.00) 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 pursuant 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. S. 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 subject 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 34K Keeping Our Kids Fit outreach service, 14K art classes, 14K Art Against Graffiti, 34K 1st Response Hurricane Relief, and J4K clothing assistance These services are provided to children in need who are of school age and younger and are living in Monroe County, Florida. 34K 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 consideration 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 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, ss. 523 and 527 (42 USC ss. 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 the 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 of 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 provisions herein. Unless expressly provided for therein, such approval shall in no manner 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 any 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 liability, 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 covenant or 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 individual 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 to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation 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 Monroe County Attorney Gato Building PO Box 1026 1100 Simonton Street Key West, FL 33041 Key West, FL 33040 For SCHOOL BOARD Chairman and Superintendent of Schools Monroe County School Board 241 Trumbo Road 241 Trumbo Road Key West, FI 33040 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 applicable 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 shall 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 matter hereof and supersedes any and all prior agreements with respect to such subject matter between the SCHOOL BOARD and the COUNTY. IA1iSS: UFFHEREOF, the parties hereto have caused these presents to be execut} ss e ;t P, 4V, and year first written above. SEAL, ' MONROE COUNTY BOARD OF DANNY KOGr COUNTY COMMISSIONERS Deputy Clerk Mayor R MONR F COUNTY SCHOOL BOARD 101141003 HAIRMA MONROE COUNTY ATTORNEY - APPROVED AS TO FORM: CHRISTINE M. LIMBERT-BARROWS ASSISTANT C N YATTORNEY Date C / I 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 Amount 101 Company A Rent $ X,XXX.XX 102 Company B Utilities XXX.XX 104 Employee A P/R ending 05/14/01 XXX.XX 105 Employee B P/R ending 05/28/O1 XXX.XX (A) Total (B) Total prior payments $ X,XXX.XX (C) Total requested and paid (A + B) $ X,XXX.XX (D) Total contract amount $ X,XXX.XX Balance of contract (D-C) $ 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 2009 by who is personally known to me. Notary Public Notary Stamp