05/20/1997 Agreement
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
MEMORANDUM
TO:
James T. Hendrick,
County Attorney
FROM:
Isabel C. DeSantis,
Deputy Clerk [). c . e ·
DATE:
June 6, 1997
....... ..................
At the May 20, 1997 Commissioner's meeting, the Board granted approval and authorized execution ofan
Interlocal Agreement between the County and the District School Board of Monroe County to provide
school buses to the County to use in case of threatened or actual disaster situations.
Attached hereto is an original and three duplicate originals for your follow-through with the School
Board. Please be sure that one copy is returned to this office as quickly as possible.
Should you have any questions concerning the above, please do not hesitate to call.
cc:
County Administrator, w/o doc.
File
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INTERLOCAL AGREEMENT BETWEEN
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY
AND
DISTRICT SCHOOL BOARD OF MONROE COUNTY
(School Board Contract Number 97- )
BY THIS AGREEMENT, entered into the date last below written,
by and between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, a political subdivision of the State of Florida, whose
business address is 500 Whitehead Street, Key West, Florida 33040
("County"), and the DISTRICT SCHOOL BOARD OF MONROE COUNTY,
FLORIDA, ("School Board"), a public agency as defined:: in S~tiqn
163.01, Florida Statutes, whose business address is 241 a:rumbo
Road, Key West, Florida 33040 ("School Board"), the' Cbun1f.y an~
School Board hereby agree as follows:
1. AUTHORITY FOR AGREEMENT. This Agreement is authorize<:iJ and
governed by the provisions of the Florida Interlocal Cooper~tion
Act of 1969 (Sections 163.01, et seq., Florida Statutes) ~ c~ '~
2.
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CONSIDERATIONS UNDERLYING AGREEMENT.
a.
threatens
number of
county or
When a hurricane or other natural or man-made disaster
or occurs in Monroe County, there is likely to be a large
residents of Monroe County who will be in need of intra-
out-of-county transportation.
b. The County does not possess the type of vehicles suitable
for evacuation or intra-county transport of special needs citizens.
c. The School Board owns and operates at least seventy-five
(75) school buses, and employs trained school bus drivers.
d. Under certain threatened or actual disaster situations,
survi vabili ty of county residents may depend upon their mass
evacuation out of harms way.
e. Safeguarding of life and property is an innate
responsibility of the governing body of each political subdivision
of the state.
3. PURPOSE OF AGREEMENT. The purpose of this Agreement is to
provide the basis upon which the School Board shall deliver an
appropriate number of school buses to County officials for use in
threatened or actual disaster situations. For purposes of this
Agreement, the following terms shall have the designated meanings,
unless the context provides otherwise:
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a. Disaster Necessitating OVerland Emergency Evacuation:
When the National Hurricane Center determines, at the time of
instituting a hurricane warning, or it is declared by the County
Mayor (or Mayor Pro-Tern in the absence of the County Mayor), that
a CATEGORY ONE or CATEGORY TWO storm could or may increase or be
re-classified as a CATEGORY THREE or higher hurricane; or at such
time as the National Hurricane Center establishes a warning of a
CATEGORY THREE or higher hurricane threatening landfall in Monroe
County.
b. Intra-County Transportation: Transportation from one
site within Monroe County to another site within Monroe County.
c. OVerland Emergency Evacuation: Movement of people from
Monroe County to the mainland via motor vehicle.
3. Duration of Agreement. This Agreement shall commence at
8:00 A.M. on the ..::::>y& day of ~.--:.'---- , 1997, and continue
thereafter unless terminated by e her the County or the School
Board as provided elsewhere in this Agreement.
4. DUTIES OF SCHOOL BOARD UPON DECLARATION OF EMERGENCY.
Upon the declaration of a state of emergency by the appropriate
County official or officials, and upon communication of the fact of
the state of emergency to the Superintendent of Schools, the School
Board shall:
a. Notify as many school bus drivers as reasonably possible
of the declaration of a state of emergency, and of the need by the
County for trained bus operators on a volunteer basis. The School
Board shall not be required to direct or order any School Board
employee to perform any services for the County under this
Agreement, and the provision of any services by any employee,
including any bus driver, shall be on a strictly voluntary basis.
b. The School Board shall make available to the County as
many school buses as the County determines to be reasonably
necessary under the circumstances. The availability of school
buses shall be dependent upon the immediate and foreseeable
transportation-related requirements of the School Board, especially
in the transportation of school children, and upon a determination
by the School Board that a bus is in sound operable condition.
c. All buses made available to the County shall be fully
fueled, and all fluid levels filled to manufacturer's recommended
levels.
d. School Board shall notify the County of the locations of,
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1 and the number of, buses available to the County, and of the names
2 of the bus drivers that have volunteered their services to the
3 County. The School Board may voluntarily, but shall not be
4 required to, drive buses to locations specified by the County.
5
6 5. DUTIES OF COUNTY UPON DECLARATION OF EMERGENCY. Upon the
7 declaration of a state of emergency by the County, County officials
8 shall notify the Superintendent of Schools of such fact, and shall
9 inform the Superintendent of the estimated number of school buses
10 needed by the County.
11
12 a. The County's representative shall coordinate with the
13 School Board's Director of Transportation all matters relating to
14 the availability, location, and taking possession of the buses
15 required by the County.
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17 b. Once a school bus has been designated and released by the
18 School Board for use by the County, the County shall thereafter
19 assume all liability for property damage, personal injury or death
20 resulting directly or indirectly from the use, operation, care,
21 custody, or control of the bus.
22
23 c. The County shall return a school bus to the School Board
24 (i) immediately upon the termination of this Agreement; (ii)
25 immediately upon the cessation of the emergency or the necessity to
26 use the bus by the County; or (iii) as soon. as reasonably
27 practicable, under the circumstances, upon request of the School
28 Board.
29
30 d. Each bus returned by the County shall be fully fueled,
31 and all fluid levels filled to manufacturer's recommended levels.
32 Each bus shall be in as good condition as when released to the
33 County.
34
35 e. If any individual who is normally employed as a School
36 Board bus driver volunteers to perform services for the County
37 during an emergency evacuation, he or she shall be deemed to be
38 working for the County and shall be included under the County's
39 Workers' Compensation Insurance Program. Additionally, said school
40 bus drivers shall be entitled to the rights and immunities provided
41 by Section 252.412(2) (c), Florida Statutes (1996), and the County
42 shall pay them such compensation and reimbursement as is required
43 under said statute to the extent funds become available under
44 Chapter 252.
45
46 f. The County's liability for payment to the School Board
47 for damages to, or loss of, a school bus shall be limited to
48 payment from sums received from any state and federal emergency
49 agency (such as the Federal Emergency Management Agency (FEMA)),
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and payments due to School Board shall be made within
days from the date of receipt of such funds from he
state agency. In dispersing any funds so received,
agrees to give first priority to payment of sums due to
Board under this Agreement.
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sixty (60)
federal or
the County
the School
g. The County shall promptly and in good faith properly
prepare and file in a timely manner the requisite documentation
soliciting repayment from the appropriate federal and state~:
agencies for all costs incurred for the equipment used and services
provided under this Agreement, including any salaries, wages, and
benefit costs of school bus drivers. The County shall be
responsible for maintaining in a form acceptable to the federal and
state agencies all necessary records relating to personnel and for
all equipment loaned to the County by the School Board under this
Agreement.
v/
6. INSURANCE AND SELF-INSURANCE. The County agrees that the
County will obtain general liability, property damage, and medical
payment insurance coverage through either self-insurance,
commercial insurance, or a combination of both, in such limits as
the County shall deem appropriate, but coverage shall be not less
than the amounts necessary to fully pay any claims or judgments
proper ly payable pursuant to Section 768.28, Florida Statutes.
Further, the County agrees to continue such insurance coverage or
remain self-insured during the entire term of this Agreement. The
County and School Board recognize the limitations imposed by the
provisions of Section 768.28(18), Florida Statutes, regarding
indemnification and intend to follow the guidance found in Florida
Attorney General Opinions related to indemnification of one
governmental agency by another governmental agency.
7. TERMINATION. This Agreement may be terminated by either
the County or the School Board upon the terminating party's giving
of written notice to the other party at least one hundred twenty
(120) days prior to the effective date of termination.
8. INTERESTED ENTITIES. The only entities interested in
this Agreement as principal or principals are the County and the
School Board, and no person other than the County or School Board
has any interest in this Agreement.
9. COVENANT OF NO INTEREST. The County and the 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 further covenant
that each's only interest is to perform and receive benefits as
recited in this Agreement.
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1 10. BOOKS, RECORDS, AND DOCUMENTS. The County and School
2 Board shall maintain books, records, and documents directly
3 pertinent to performance under this Agreement in accordance with
4 generally accepted accounting principles consistently applied.
5 Each party, through their authorized representatives, shall have
6 reasonable and timely access to such records of each other party
7 for audit purposes during the term of this Agreement and for four
8 (4) years following the termination of this Agreement.
9
10 11. PRTVILEGES AND IMMUNITIES. All of the privileges and
11 immunities from liability; all exemptions from laws, ordinances,
12 rules, pensions and relief, disability, workers' compensation; and
13 all other benefits which apply to the activity of officers, agents,
14 or employees of the County and the School Board when performing
15 their respective functions wi thin the territorial limits of the
16 County and the School Board shall apply to the same degree and
17 extent to the performance of such functions and duties of such
18 officers, agents, or employees extraterritorially under this
19 Agreement. Additionally, and notwithstanding the provisions of
20 Section 286.28, Florida Statutes, the participation of the County
21 and the School Board in this Agreement and the acquisition of any
22 commercial liability insurance coverage, self-insurance coverage,
23 or local government liability insurance pool coverage shall not be
24 deemed a waiver of immunity to the extent of insurance liability
25 coverage, nor shall any contract entered into be the School Board
26 be required to contain any provision for waiver.
27
28 12. LEGAL OBLIGATIONS .AND RESPONSIBILITIES; NON-DELEGATION OF
29 CONSTITUTIONAL OR STATUTORY DUTIES. This Agreement is not intended
30 to, nor shall it be construed as, relieving either the County or
31 the School Board from any obligation or responsibility imposed upon
32 the County or the School Board by law except to the extent of
33 actual and timely performance thereof by the other, in which case
34 the performance may be offered in satisfaction of the obligation or
35 responsibility. Further, this Agreement is not intended to, nor
36 shall it be construed as, authorizing the delegation of the
37 constitutional or statutory duties of the School Board, except to
38 the extent permitted by the Florida constitution, state statutes,
39 and case law.
40
41 13. NON-RELLANCE BY NON-PARTIES. No person or entity shall
42 be entitled to rely upon the terms, or any of them, of this
43 Agreement to enforce or attempt to enforce any third-party claim or
44 entitlement to or benefit of any service or program contemplated
45 hereunder, and the County and the School Board agree that neither
46 the County nor the School Board or any employee, agent, or
47 independent contractor of either shall have the authority to
48 inform, counsel, or otherwise indicate that any particular
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1 indi vidual or group of individuals, entity or entities, have
2 entitlements or benefits under this Agreement separate and apart,
3 inferior to, or superior to the community in general or for the
4 purposes contemplated in this Agreement.
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6 14. NO SOLICITATION OR PAYMENT. The County and School Board
7 warrant that neither has employed or retained any company or
8 person, other than a bona fide employee working solely for the
9 County or the School Board, to solicit or secure this Agreement and
10 that neither the County nor School Board have paid or agreed to pay
11 any person, company, corporation, individual, or firm, other than
12 a bona fide employee working solely for the County or School Board,
13 any fee, commission, percentage, gift, or other consideration
14 contingent upon or resulting from the award or making of this
15 Agreement. For the breach or violation of this provision, the
16 County and School Board agree that the non-breaching party shall
17 have the right to terminate this Agreement without liability and,
18 at its discretion, to offset from monies owed, or otherwise
19 recover, the full amount of such fee, commission, percentage, gift,
20 or consideration.
21
22 15. ATTORNEY'S FEES AND COSTS. In the event that either the
23 County or School Board shall institute legal proceedings, whether
24 in equity or at law, to enforce or interpret this Agreement, the
25 prevailing party shall be entitled to an award against the non-
26 prevailing party for reasonable attorney's fees and costs, included
27 appellate fees and costs.
28
29 16. AMENDMENT; ENTIRE AGREEMENT. This Agreement may only be
30 Amended by j oint agreement in writing of both parties. This
31 Agreement contains the entire understanding between the County and
32 the School Board, and there are no understandings or
33 representations not set forth or incorporated by reference herein.
34
35 17. COMPLIANCE WITH LAWS: In the performance of the
36 Agreement, each party shall comply with all federal, state and
37 local laws, rules and regulations.
38
39 18. PREVIOUS AGREEMENT CANCELED. This Agreement specifically
40 cancels and replaces that Agreement dated April 11th, 1994, relating
41 to the same subject matter.
42
43 19. OTHER AGREEMENTS BY COUNTY. This Agreement is not
44 intended to, and shall not be interpreted as, limiting the legal
45 ability of the County to enter into valid agreements with other
46 agencies, persons, or entities, whether or not the agency or entity
47 is not-for-profit or for-profit, for the use of any school bus or
48 school buses made available to the County under this Agreement;
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32 Y IAtt ey
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however, any such agreement shall specifically provide that the
agreement is solely between the County and the contracting agency,
entity, or person, and is not an agreement with or binding upon the
School Board.
20. EFFECTIVE DATE OF AGREEMENT. This Agreement shall become
effective upon the date of its recording in the Public Records of
M6hfbe.:-" ounty, Florida, said recording to be effected by the
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'D ".~ '" - ':;~OLHAGE CLERK
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By:.__~h-Q...C. ~
Deputy Clerk
BOARD OF
MONROE C
OF
BY:
Date:
(SEAL)
}\TTEST:
DISTRICT SCHOOL BOARD OF
MONROE COUNTY, FLORIDA
BY: ,~. /' ,//]( ',,,
'-- ~- '-<''--<'-<---c-...c-.~ ( //C't~.U~
Clarence w. Phillips, Ch~rman
Date: G. - ~ ~5::..,1'
Michael - non,
Superintendent
APPROVED AS TO FORM:
V/ 8/97
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School Board Attorney