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08/17/2016 AgreementINTERLOCAL AGREEMENT BETWEEN THE FLORIDA KEYS MOSQUITO CONTROL DISTRICT AND MONROE COUNTY BOARD OF COUNTY COMMISSIONERS THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into this r 7 -4 day of Z.o 16 by and between Monroe County (the "County"), a political subdivision of the State of Florida, and the Florida Keys Mosquito Control District (the "District"), an independent special taxing district of the State of Florida (collectively, the "Parties") WHEREAS, the County is authorized by Section 125.01(l)(w), Florida Statutes, to perform any act not inconsistent with law which is in the common interest of the people of the county; and WHEREAS, the District was established in 1950 by Monroe County, Florida and was created by special act of the Florida Legislature, Ch. 2002-346, Laws of Fla., for the purpose of controllitig and eliminating mosquitos and has been empowered by the legislature to do any and all things that may be necessary to eliminate and control mosquitoe's in Monroe County; 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, the District is currently engaged in suppression of the aedes aegypti mosquito which carries and transmits the Zika virus, an illness causing fever which has been linked to birth defects in children born to an infected mother, and such virus is a clear and present danger to the welfare and safety of the citizens of Monroe County; and WHEREAS, the County desires to support the District's efforts in combatting the Zika virus by using County employees to supplement the District's employees on a temporary basis should there be a need to immediately inspect and treat specific areas of concern; and Page 1 of 4 WHEREAS, it is the intent and desire of the Parties to coordinate efforts and work together in suppression of the aedes aegypti mosquito which carries and transmits the Zika virus, while remaining in the framework of Section 112.24, Florida Statutes; 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 reducing and eliminating the spread of the Zika Virus as follows: A. COUNTY RESPONSIBILITY: County shall provide support to the District in the form of County employees to assist in the reducing the spread of the Zika Virus through suppression and elimination of the aedes aegypti mosquito. B. DISTRICT RESPONSIBILITY: District shall accept help from the designated County employees, bringing such designated employees under the scope and purview of the District's enabling legislation, Ch. 2002-346, Laws of Fla. C. DISTRICT AUTHORITY: While County employees are assisting the District, any and all powers granted to District employees pursuant to Chapter 388, Florida Statutes and Ch. 2002-346, Laws of Fla., shall be temporarily granted to those employees assisting the District employees pursuant to the terms of this agreement while acting directly in concert together. 2. TERM: A. This agreement shall remain in force and effect until terminated by either of the Parties, on written notice to the other. Continuation of this Agreement beyond one (1) fiscal year is subject to annual appropriation of the Monroe County Board of County Commissioners and to the Florida Keys Mosquito Control District Board of Commissioners. B. The deployment of County employees with District Employees shall only be upon joint agreement as to when such deployment is necessary. C. The time for each deployment is to stay within the framework of Section 112.24, Florida Statutes. 3. ADDITIONAL PROVISIONS: A. The parties agree that the County will deploy employees to work alongside the District employees at the request of the District and on the condition that the employees are available for use. The District shall request the employees when it believes there is such a need for Page 2 of 4 help and support from the County employees. The County will confirm the availability of such employees and the time and date of deployment if agreeable. B. County employees working with District employees shall continue to be deemed employees of the County for all purposes, including but not limited to wages and benefits, and all labor contracts then in force applicable to the County employees will continue to be in force regarding said employee(s). C. District employees working with County employees shall continue to be deemed employees of the District for all purposes, including but not limited to wages and benefits, and all labor contracts then in force with respect to the District employees will continue to be in force regarding said employee(s) and shall continue to be employees of the District. D. This Agreement shall constitute the entire understanding between the parties and any oral or written agreements heretofore exchanged between the parties are deemed to be merged herein. Any modifications to this Agreement shall require a document in writing executed with the same formality as this agreement. E. Nothing herein shall be deemed to waive the sovereign immunity provisions applicable to the parties and specifically the provisions of Chapter 768 of the Florida Statutes. F. Nothing herein shall be deemed to be for the benefit of any third party. G. The County at any time may recall any of its employees deployed hereunder for any reason deemed to be appropriate by the County aril there shall be no entitlement to such support by the District. Likewise, the District may deny theuseof such County employees for any reason deemed to be appropriate by the District. H. Each Party will be responsible for its own negligence and shall indemnify the other party for liability attributable to the party charged with such negligence. I. The Parties shall equally share the expense for additional equipment needed for the cooperation. J. The Parties shall jointly seek any and all reimbursement needed from FEMA, with the understanding that the County will take lead in the reimbursement process with the District aiding and facilitating in any reimbursement efforts with the County. The Parties agree to cooperate and to participate to the extent required by the other party in the reimbursement process. K. Each Party is responsible for any and all insurance coverages for all purposes, including but not limited to insurance coverages for their respective employees. L. The County agrees to not use any information gathered by employees of either party as evidence in a code compliance proceeding brought pursuant to chapter 162, Florida Statutes. 4. AUTHORITY. Page 3 of 4 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 District actions, as required by law. 5. 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 District 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. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. ATTEST: Clerk MONROE COUNTY BOARD OF LIZ FLORIDA KEYS MOSQUITO CONTROL DISTRICT By: Michael Doyle, Dire Page 4 of 4