11/23/1994 AgreementINTERLOCAL AGREEMENT
WHEREAS, Monroe County has received a Thirty Seven Thousand
Eight Hundred Sixty Five Dollar ($37,865) grant from the federal
government, passed through the State Department of Community
Affairs, hereafter DCA, for a drug abuse resistance and education
program in the Key West area schools; and
WHEREAS, the City of Key West represents that it is desirous
of performing the program and is competent and able to do so;
now, therefore,
THIS INTERLOCAL AGREEMENT is entered into by and between
Monroe County, a political subdivision of the State of Florida,
hereinafter "County," and the City of Key West, a municipality,
hereinafter "City," under the authority granted in Sec. 163.01,
Fla. Stat.
In consideration of the mutual covenants and consideration
set forth below, the parties agree as follows:
W I T N E S S E T H:
Section 1. The County hereby agrees to pay to the City,
as the implementing agency for the federal funds passed through
DCA and received as a DCA grant, hereafter DCA grant, the sum of
Thirty Seven Thousand Eight Hundred Sixty Five Dollars ($37,865),
payable solely out of the DCA grant received by the County and
payable solely according to Section 2. Any County payment under
this Agreement is also contingent upon the City providing
matching funds in the amount of Twelve Thousand Six Hundred
Twenty One and 67/100 Dollars ($12,621.67).
Section 2. The City shall use the funds furnished tinder
this Agreement to employ one full-time police officer to
implement a drug abuse resistance education program, hereafter
DARE, for a period of one year, commencing October 1, 1994 , in
the seven elementary schools located within the City. The DARE
program shall achieve, at the minimum, the following objectives:
Program Objection 1.1: To assign 1 law enforcement officer to
teach drug abuse resistance education (DARE).
Program Objection 1.2: To provide 2 in-service orientation to
teachers. I
Program Objection 1.3: To provide 2 parent education meetings.
Program Objection 1.4: To provide 2 community presentations.
Program Objection 1.5: To provide DARE visitation instruction in
4 schools to kindergarten through 4th grade classes.
Program Objection 1.6: To provide DARE visitation instruction in
50 kindergarten through 4th grade classes.
Program Objection 1.7: To provide 112 hours of DARE visitation
instruction to kindergarten through 4th grade classes.
Program Objection 1.8: To provide DARE visitation instruction to
1280 kindergarten through 4th grade students who completed the
course of instruction.
Program Objection 1.9: To provide DARE exit grade core
curriculum instruction in 2 schools to 5th grade classes.
Program Objection 1.10: To provide DARE exit grade core
curriculum instruction in 7 5th grade classes.
Program Objection 1.11: To provide 119 hours of DARE exit grade
core curriculum instruction to 5th grade classes.
Program Objection 1.12: To provide DARE exit grade core
curriculum instruction to 152 5th grade students who completed
the course of instruction.
Reimbursement of any travel expenses incurred in connection with
the performance of the DARE program shall be as provided in
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Chapter, 112, Florida Statutes. No funds provided under this
agreement shall be used for the operation of a criminal
intelligence system under the Omnibus Crime Control and Safe
Streets Act of 1968, 42 USCA 3701, et seq., as amended (Pub.L.
90-351, as amended Pub.L. 93-83, Pub.L. 93-415, Pub.L. 94-430,
Pub.L. 94-503, Pub.L. 95-115, and Pub.L. 96-157). The City shall
submit its request for payment on a monthly basis in the form of
an invoice satisfactory to the County's Finance Department. Upon
certification for payment, by the County's Grants Program
Coordinator, the Clerk shall pay the City the amount due.
Section 3. For a period of three years following the
completion of performance under this Agreement, the City shall
maintain auditable _financial records sufficient to justify all
expenses, costs incurred in performing the DARE program required
by this agreement as well as records of all payments, including
in -kind contributions or payments, received in connection
therewith. Further, the financial records shall be kept in such
a fashion to enable the County to discharge its audit
responsibility pursuant to The Single Audit Act of 1984 (P.L.
98-502), the federal Office of Management and Budgets Circular
A-128 and all other applicable federal law, and Secs. 11.45 and
216.349, F1a.Stat., and Chaps. 10.550 and 10.600, Rules of the
Florida Auditor General. Access to the records shall be provided
weekdays, 8:30 AM to 5:00 PM, upon the request of authorized
representatives of the County, the US Department of Justice, or
the State of Florida. The City shall be responsible for the
repayment of any and all audit exceptions which are identified by
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the Clerk of the Circuit Court, the US Department of Justice, the
State of Florida, an independent auditor, or any employee or
agent of any of them. In the event of an audit exception, the
County may retain from any payment otherwise due the City an
amount equal to the audit exception.
Section 4. No person, on the grounds of race, creed,
color or national origin shall be excluded from participation in,
or any benefits of, this DCA grant, or otherwise subject to
discrimination under this grant, pursuant to Public Law 89-564,
Non -Discrimination Requirements of the Anti -Drug Abuse Act of
1988; Title IV of the Civil Rights Act of 1964; Section 504 of
the Rehabilitation Act of 1973 as amended; Title IX of the
Education Amendments of 1972; The Age Discrimination Act of 1975;
and, Department of Justice Non -Discrimination Regulations 28 CFR
Part 42, Subparts C, D, E, and G.
Section 5. In addition to the record keeping require-
ments described in Section 3, and the prohibition on
discrimination set forth in Section 4, the City agrees to abide
by all other applicable terms of the DCA grant to the County, a
copy of which is attached to this Agreement and incorporated by
reference.
Section 6. The City acknowledges that funding for this
contract is dependent on a grant from the US Department of
Justice passed through DCA to the County. In the event the
funding is reduced or terminated, the County reserves the right
to reduce the scope of performance set forth in Section 2 or
terminate this contract by written five (5) days notice to the
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City. Subsequent to the written notice, the County shall not be
responsible for the payment for any work performed by the City in
excess of that described in the County's written notice.
Section 7. The County may terminate this agreement for
cause upon providing the City fifteen (15) days written notice
thereof. For purposes of this Agreement cause will be a material
breach of the terms, conditions or obligations under this Agree-
ment by the City or its employees. Upon termination the County
shall pay City the amount of compensation due for any performance
satisfactorily completed but as yet unpaid. Except in the case
of termination for cause, the County may retain from the final
payment the amount equivalent to the damage, if any, the County
suffered due to City's breach or default. If the amount of the
final payment is insufficient to cover the County's damage, City
shall be liable for any of the additional amount above the amount
of the final payment.
Section 8. Any and all modifications of the performance
required in Section 2 or the reimbursement therefor, shall be
in writing.
Section 9. The City shall not assign this Agreement or
any of its obligations thereunder, or subcontract any of its
obligations thereunder, 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 or subcontract and any assignee or subcontractor shall
comply with all of the provisions herein. Unless expressly
5
provided for, the approval shall in no manner or event be deemed
to impose any obligation upon the County in addition to the total
agreed upon funding set forth in Section 1.
Section 10. This Agreement shall be governed by the laws
of Florida and venue for any action arising under this Agreement
shall be in Monroe County, Florida.
Section 11. Any waiver of any breach of covenants herein
contained to be kept and performed by the City shall not be
deemed or considered as a continuing waiver and shall not operate
to bar or prevent the County from declaring a forfeiture or
default for any succeeding breach, either of the same conditions
or covenants or otherwise.
Section 12. The County's contract manager for this
Agreement shall be the County's Office of Grants Management. All
written notices, reports, invoices or other written communication
required by this contract shall be sent by the parties via
registered mail, return receipt requested, at their following
respective addresses:
Monroe County City of Key West
x Grants Program % Felix Cooper
Coordinator City Manager
5100 College Road 525 Angela Street
Stock Island Key West, FL 33040
Key West, FL 33040
Section 13. This Agreement shall take effect upon the
filing of an executed original with the Clerk of the Circuit
Court of Monroe County.
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IN WITNESS WHEREOF, the par 'es hereto have set their hands
and seals, this , day of , 199-!Z.
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(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
By By
eput er �( ayo i an
Date---P)0,1'0►�►- �-3 �, �� I
(SEA,, )
At t: JOSEPHINE PARKER, Clerk
By
Dat
Al ty er
coniii4ywest
CITY OF KEY WEST, FLORIDA
B
y
Qja44.r-
G.-7�eIi)e ooper, -Gitj manager
RESOLUTION NO. 95--8
A RESOLUTION APPROVING AND
AUTHORIZING EXECUTION OF ATTACHED
INTERLOCAL AGREEMENT BETWEEN THE
CITY OF KEY WEST AND MONROE COUNTY
FOR DRUG ABUSE RESISTANCE AND
EDUCATION PROGRAM IN THE KEY WEST
AREA SCHOOLS; PROVIDING AN EFFECTIVE
DATE.
NOW THEREFORE, BE IT RESOLVED by the City Commission of the
City of Key West, Florida as follows that the attached Interlocal
Agreement between the City of Key West and Monroe County for drug
abuse resistance and education program in the Key West area schools
is hereby approved. The City Manager is hereby authorized to
execute said Agreement on behalf of the City of Key West, and the
City Clerk is hereby authorized to attest to his signature and
affix the Seal of the City thereto.
This resolution shall go into effect immediately upon its
passage and adoption and authentication by the signatures
of the presiding officer and the Clerk of the Commission.
Passed and adopted by the City Commission at a meeting held
this 4th day of January , 1995.
Authenticated by the presiding officer and Clerk of the
Commission on January 4 , 1995.
Filed with the Clerk January 9 , 1995.
PARKER, CITY CLERK
STATE OF FLORIDA)
V it 1 .d.{
RMN9 R L W, MAYOR
1'is cc'r is a true copy of the
cr;�inal on file i N t!is office.
4Ji cne my rand « ofi icial , eal
this ciay of kk 19q-
JOSL H? . P"M, C- Ail G_
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