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Item C03 C.3 County �� � .�� �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS Mayor Michelle Coldiron,District 2 �1 nff `ll Mayor Pro Tem David Rice,District 4 -Ile Florida.Keys Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting September 15, 2021 Agenda Item Number: C.3 Agenda Item Summary #3593 BULK ITEM: Yes DEPARTMENT: Fleet Management TIME APPROXIMATE: STAFF CONTACT: Tammy Acevedo (305)295-3176 NA AGENDA ITEM WORDING: Renewal of Inter-local Agreement for joint use of fueling facilities between Monroe County and Monroe County School Board. ITEM BACKGROUND: The BOCC entered into a Inter-Local agreement with the Monroe County School Board on October 19, 2011 for the joint-use of the BOCC's fueling sites throughout Monroe County that would benefit both the school district and the County to be in effect for 10 years, which expires on October 18, 2021. The Monroe County School Board intends to approve this agreement at their September 7, 2021, board meeting. See attached acknowledgement. PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: MCSB Joint Fuel Agreement final Acknowledgement from MCSB- RE Inter Local Agreement FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Packet Pg. 158 C.3 Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Additional Details: N/A REVIEWED BY: Daryl Greenlee Completed 08/20/2021 10:25 AM Christine Limbert Completed 08/20/2021 10:12 AM Purchasing Completed 08/20/2021 10:27 AM Budget and Finance Completed 08/20/2021 10:42 AM Maria Slavik Completed 08/20/2021 10:46 AM Liz Yongue Completed 08/30/2021 4:30 PM Board of County Commissioners Pending 09/15/2021 9:00 AM Packet Pg. 159 C.3.a INTER-LOCAL AGREEMENT FOR JOINT USE OF FUELING FACILITIES BETWEEN MONROE COUNTY AND MONROE COUNTY SCHOOL DISTRICT THIS AGREEMENT made and entered into this day of 2021 by and between the Monroe County, a political subdivision of the State of Florida, (hereafter"County"), 0) whose address is 1100 Simonton Street, Key West, FL 33040, and the MONROE COUNTY 2 CD cu SCHOOL DISTRICT OF MONROE COUNTY, FLORIDA, an independent constitutional office, (hereafter "School Board"), as the contracting agent for the Monroe County School District, whose address is 241 Trumbo Road, Key West, FL 33040. WITNESSETH: The County and the School Board hereby agree as follows: 1. Recitations U) A. Chapter 163, Florida Statutes, known as the "Florida Interlocal Cooperation Act �-- of 1969" ("the Act"), specifically provides that its purpose is to "permit local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities a on a basis of mutual advantage and thereby to provide services and facilities in a manner and 2 CD pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities." _ (Sec. 163.01(2), F.S.). 0 n ca B. The Act further provides that "a public agency of this state may exercise jointly c) with any other public agency of the state . . . any power, privilege, or authority which such agencies share in common and which each might exercise separately." (Sec. 163.01(4)). C. The Act's definition of "public agency" includes a county and a school district. (Sec. 163.01(3) (b)). D. The County and the School Board, pursuant to this Act, desire to enter into this Inter-local Agreement ("the Agreement") for the purposes, and upon the terms and conditions, described below, believing that this Agreement will allow each agency to make more efficient 6/8/11 Packet Pg. 160 C.3.a use of facilities, personnel, and services necessary to, common to, or available to each agency, and having a goal of a more economical and efficient use and savings of public funds. 2. Entire Agreement It is hereby understood and agreed that this contract states the entire agreement and that the parties are not bound by any stipulations, representations, agreements, or promises, oral or otherwise, not printed in this Agreement. No representations were made or relied upon by either 0) party, other than those that are expressly set forth herein. No agent, employee, or other 2 representative of either party is empowered to modify or amend the terms of this Agreement unless executed with the same formality as this document. This Agreement shall not be assignable by either party. .c 3. Purpose of Agreement 'The purpose of this Agreement is to define the respective duties and obligations of the County and the School Board under this Agreement relative to the provision of joint-use fueling U) sites throughout Monroe County that would benefit both the school district and the County. 2 4. Method for Accomplishing _Purpose a The basic method for accomplishing the purpose of this Agreement is for the County to 2 CD provide its available sites at the Magnolia Public Works Yard, Marathon, and Key West a� Garages, and for the School Board to provide its available sites at the Upper Keys _ Transportation Complex, Sugarloaf School, and the Stock Island Bus Garage, such sites to be 0 used jointly by the County and the School Board for fueling of their vehicles. U) 5. Term of Agreement This Agreement shall be for a period of ten (10) years commencing October 19th 2021 U and expiring on October 18th 2031. 6. Default, Rescission or Termination of Agreement 2 Packet Pg. 161 C.3.a A. In the event of any failure of compliance by either parry hereto with any of its material obligations to the other party as provided herein, such action shall constitute a default under this Agreement. B. Upon any such default, the non-defaulting parry shall provide to the defaulting parry a written Notice of such default, which Notice (a"Default Notice") shall state in reasonable detail the actions the defaulting parry must take to cure the same. The defaulting parry 0) shall cure any such default within 30 days following the date of the Default Notice. 2 C. Notwithstanding the provisions of this Section, if any such default by the defaulting parry remains uncured at the conclusion of any specified 30 day cure period, and if the nature .c of the defaulting party's obligations are such that more than 30 days is required to effect the cure, then the defaulting parry shall not be in default hereunder and the non-defaulting party shall not have the right to exercise its termination rights granted herein as a result of any such default, if the defaulting party commences the cure within the applicable cure CO period and thereafter diligently pursues the cure to completion of performance. 2 D. In the event the defaulting parry fails to affect any required cure as provided for herein, a the defaulting parry shall be deemed to be in uncured default hereunder, and the non- defaulting parry shall have the right, but shall not be obligated, upon written Notice to the a� defaulting party, to terminate this Agreement. _ 0 n CO E. If such Notice is given, this Agreement shall terminate on the date set forth in the Notice U and the parties shall be relieved of all rights and obligations hereunder, except for any rights and obligations that expressly survive termination. F. This Agreement may be terminated by either the County or the School Board by written notice to the other party at least sixty (60) days in advance of the termination date. 7. Existing Fuel tanks, Facilities, and Related Computerized Equipment A. The County and the School Board shall use the following existing fueling facilities. 3 Packet Pg. 162 C.3.a 1. Magnolia Public Works Yard 2. Marathon County Garage 3. Key West County Garage 4. Upper Keys Transportation Complex 5. Sugarloaf School 6. Bus Garage on Stock Island ' 8. Maintenance of Fuel Tanks and Related Computerized Equipment The County and School Board agree that they shall each be responsible for the .c maintenance of the fueling site under their immediate control. That is, specifically, the County shall be responsible for the maintenance of its fueling sites located at the Magnolia Public Works Yard, Marathon, and Key West County Garages, and the School Board shall be responsible for the maintenance of its fueling sites at the the Upper Keys Transportation CO Complex, the Sugarloaf School, and the Stock Island Bus Garage. 9. Acquisition of Gasoline and Diesel Fuel; Contracting Agent for Agencies a In order to assure that the County and the School Board obtain the most favorable 2 CD purchase price for the gasoline and diesel fuel, the County and School Board agree to jointly bid a� and advertise (using the County's format policies and procedures) for the purchase and _ acquisition of same. Such a joint venture shall be for advertisement and bid only. 0 However, County and School Board shall each act as their respective contracting agency during CO the purchasing phase of the above-described materials, and as to receiving delivery of same from the designated contractor. By example, while the County and School Board agree to jointly bid and advertise for the total amount of required petroleum products and related materials necessary under this agreement— applying the rationale that as such a "bloc" they will be able to obtain the most competitive (ie. lowest) overall price — as to each agency's actual purchasing of the bidded items, the County and School Board shall pay the contractor separately and individually for the designated share of fuel and related materials to be used by them, as reflected by the respective purchase requests submitted to the contractor. 4 Packet Pg. 163 C.3.a 10. Agency License for Use of Real PropertX The County and School Board agree that each agency shall grant the other a license for the use of the real property and its improvements for each joint use fueling site. 11. Access to Fuel Tanks The County and School board agree that authorized users of the fueling sites designated 0) in this Agreement shall have twenty-four (24) hour access to said sites, and that they shall either 2 be maintained open, or access otherwise provided to them by a uniform key system, on such a twenty-four(24) hour basis. 12. Billing and Billing Services 6 U The County shall bill the School Board for fuel utilized by the School Board at those fueling sites within the County's immediate control and as previously set forth in this Agreement. Said billing by the County to the School Board shall include an annually adjusted CO and agreed upon administrative surcharge for processing, servicing, and handling set by the 2 Board of County Commissioners of Monroe County, Florida. Conversely, the School Board shall bill the County for fuel utilized by the County at a those fueling sites within the School Board's immediate control and as previously set forth in 2 CD this Agreement. Said billing shall include an annually adjusted and agreed upon administrative a� surcharge for processing, servicing and handling set by the Monroe County School Board. It is _ furthermore agreed, however, that the School Board shall bill the following entities for fueling 0 and other related services and materials utilized by said entities, separately from its billings for CO same to Monroe County: A. All vehicles belonging to the Monroe County Sheriff's Department. B. All official vehicles used by the designated constitutional officials of Monroe County as part of the scope and ordinary course of their business. C. All vehicles belonging to participating State of Florida agencies; Florida Highway Patrol, Florida Marine Patrol, Monroe County Health Dept., Guidance Clinic of the Middle Keys, etc. 5 Packet Pg. 164 C.3.a For purposes of uniformity, the County and the School Board shall both utilize FuelMaster with cloud-hosted FMLive. Fuel Management Unit (FMU) is the FuelMaster system that controls fueling at the fuel island dispenser(s).in order to facilitate the cross-billing process and for the purpose of controlling, accounting, and securing fueling services at all fueling sites falling under the terms and conditions of this Agreement, on a twenty-four(24) hours per day, seven (7) days per week basis. Access to the above FMU shall be provided by an electronic memory key, which shall be 0) issued by the County and School Board to all authorized designated users of the fueling sites, 2 and as contemplated by this Agreement. The County and School Board shall bill each other for the site fueling services and materials previously set forth herein, on a regular monthly basis. All the parties to this .c Agreement agree to mutually cooperate with each other in exchanging the necessary data and information which shall insure such an efficient, accurate, and regular monthly billing schedule. CO 13. Claims for Federal or State Aid U Both the County and the School Board agree that either shall be, and is, empowered, to 2 apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed as a result of funding that may effect this Agreement will be provided to the a other party. 2 14. Adjudication of Disputes or Disagreements _ The County and the School Board agree that all disputes and disagreements shall be 0 attempted to be resolved by meet and confer sessions between representatives of the County and CO of the School Board. If the issue or issues are still unresolved to the mutual satisfaction of the Board of County Commissioners and the School Board, then either party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions concerning termination or cancellation. 15. Failure of Agency to Pay share of Costs and Expenses, Rights of Other Agencies _ 6 Packet Pg. 165 C.3.a In the event that either the County or the School Board shall fail to pay its respective share of costs and expenses associated with this Agreement and as provided for herein, the other party shall have the right to (1) seek payment through the avenues available pursuant to Paragraph 14 and 19 of this Agreement or under Florida law, or (2) terminate the Agreement as set forth herein. 16. Liability Coverage, Insurance, Hold Harmless, Indemnity 0) A. To the extent permitted by law and subject to the provisions and monetary limitations of 2 Section 768.28, Florida Statutes, the COUNTY and CITY do hereby agree to defend, indemnify and hold the other, its officers, agents or employees, harmless from and against any and all liability, damages, costs or expenses (including reasonable attorney's .c fees, costs, and expenses at both the trial and appellate levels) arising from the acts of omissions of the respective party or any third party vendor contracted by the respective party in connection with this Agreement. B. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the -- CITY and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability a insurance pool coverage shall not be deemed a waiver of immunity to the extent of 2 CD liability coverage, nor shall any contract entered into by the COUNTY or CITY be a� required to contain any provision for waiver. - 0 n ca C. Both the County and the School Board agree that each will obtain general liability, and c� property damage insurance coverage through either self insurance, commercial insurance, or a combination of both, in such limits as the County and the School Board shall determine appropriate. Additionally, the County and the School Board each represent to the other that it carries suitable public liability and property damage insurance, or is self- insured, in the amounts adequate to cover any claim arising out of its respective use of the fueling site facilities and will continue to carry such insurance or remain self-insured during the entire term of this Agreement. 7 Packet Pg. 166 C.3.a D. The School Board, as a state agency or subdivision defined in Section 768.28, Florida Statutes, agrees to be fully responsible to the limits set forth in such statute for its own negligent acts or omissions, or intentional tortuous actions, which result in claims or suits against either the County or the School Board, and agrees to be liable to the statutory limits for any damages proximately caused by said acts or omissions, or intentional tortious acts. 0) E. The County, as a political sub-division of the State of Florida, as defined in Section 2 768.28, Florida Statutes, agrees to be fully responsible to the limits set forth in such statute for its own negligent acts or omissions, or intentional tortuous acts, which result in claims or suits against either the School Board or the County, and agrees to be liable to .c the statutory limits for any damages proximately caused by said acts or omissions, or 0 intentional tortious acts. CO F. Nothing contained in this Section shall be construed to be a waiver by either parry of any t) protections under sovereign immunity, Section 768.28 Florida Statutes, or any other 2 similar provision of law. Nothing contained herein shall be construed to be a consent by either parry to be sued by third parties in any matter arising out of this or any other a Agreement. 2 17. Nondiscrimination _ The County and the School Board agree that there will be no discrimination against any 0 person, and it is expressly understood that upon a determination by a court of competent CO jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any parry, effective the date of the court order. The County and the 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 in employment on the basis of race, color, religion, sex, and 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), 8 Packet Pg. 167 C.3.a 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 0) confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 2 1968 (42 USC s.3601 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. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; .c 10) Monroe County Code, Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties hereto, or the subject matter of, this Agreement. U) 18. Public Entity Crime The County and the School Board agree to comply with Section 287.133, Florida a Statutes. A public entity may not accept any bid, proposal, or reply from, award any contract 2 CD to, or transact any business in excess of the threshold amount provided in s. 287.017 for a� CATEGORY TWO with any person or affiliate on the convicted vendor list for a period of 36 - months following the date that person or affiliate was placed on the convicted vendor list unless 0 that person or affiliate has been removed from the list pursuant to paragraph (3)(f). A public U) entity that was transacting business with a person at the time of the commission of a public entity crime resulting in that person being placed on the convicted vendor list may not accept any bid, proposal, or reply from, award any contract to, or transact any business with any other person who is under the same, or substantially the same, control as the person whose name appears on the convicted vendor list so long as that person's name appears on the convicted vendor list. 19. Cooperation 9 Packet Pg. 168 C.3.a The County and School Board agree to participate, to the extent required by the other party, in all proceedings, hearing, processes, meetings, and other activities related to the provision of the services and materials under this Agreement in the event any administrative or legal proceeding is instituted against the other parry relating to the formation, execution, performance, or breach of this Agreement. 20. Venue, Interpretation, Costs, and Fees 0) In the event that any cause of action or administrative proceeding is instituted for the 2 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 or the Southern District of Florida. The County and the School Board further agree that, .c in the event of conflicting interpretations of the terms or a term of this Agreement between the County and the School Board, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceedings. Additionally, subject to the sovereign immunity limits of F.S. 768.28, the County and School Board agree that in the event any cause of action or U) administrative proceeding is initiated by 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- a prevailing party. Mediation proceedings initiated and conducted pursuant to this Agreement shall 2 CD be in accordance with the Florida Rules of Civil Procedure and the usual and customary procedures required by the Circuit Court of Monroe County, Florida. 0 n ca 21. Books, Records, and Documents c) The County and the School Board shall maintain books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each parry to this Agreement or their authorized representative(s) shall have reasonable and timely access to such records of each other party to this Agreement for audit purposes during the term of the Agreement and for four (4) years following the termination of this Agreement. If an auditor employed by the COUNTY, the Clerk or School Board determines that monies paid pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the either parry, the party shall repay the 10 Packet Pg. 169 C.3.a monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. 22. Covenant of No Interest The County and the School Board covenant that neither parry 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 each's only interest is to perform and receive 0) benefits as recited in this Agreement. 2 23. Code of Ethics The County and the School Board agree that each agency's respective officers and .c employees 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 CO disclosure or use of certain information. 24. No Solicitation/Payment a E The County and the School Board warrant that neither has employed or retained any 2 CD company or person, other than a bona fide employee working solely for County or School Board a� to solicit or secure this Agreement and that neither the County nor School Board have paid or - agreed to pay any person, company, corporation, individual, or firm, other than a bona fide 0 employee working solely for the County or School Board, any fee, commission, percentage, gift, CO or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the County and School Board agree that the non- breaching agency 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. 25. Public Access 11 Packet Pg. 170 C.3.a The County and the School Board shall allow and permit reasonable access to, and inspection of, all documents, papers, letters, or other material subject to the provision of Chapter 119, Florida Statutes, and made or received by the County or the School board in conjunction with this Agreement; and the non-violating agency shall have the right to unilaterally cancel this Agreement upon violation of this provision by the violating agency. 26. Management/Notices 0) The County's Project Manager under this Agreement is Daryl Greenlee, telephone 2 number; 305-292-3452, address; 3583 S. Roosevelt Blvd., Key West, Fl 33040. With a Copy to the County Administrator at 1100 Simonton Street, Key West, Fl 33040 and the County Attorney at P.O. Box 1026, Key West, Fl 33041-1026. .c The School Board's Project Manager is Jason Thomason, telephone number 305-293-1400 ex 53400, address 5330 2"d Ave. Key West, Fl 33040. Any notice or other written communication, except invoices, between the agencies shall be t) considered delivered when posted by Certified Mail, Return Receipt Requested; delivered in person to the Project Manager; or upon confirmed electronic receipt. Respective mailings shall ; be addressed to the Project Manager and other representative at the address listed in the preamble a above. a 27. Severability _ If any term or provision of this Agreement shall to any extent be held invalid or 0 unenforceable, the remainder of the Agreement shall not be affected thereby, and each remaining U) term and provision of this Agreement shall be valid and be enforceable to the fullest extent permitted by law. 28. Non-Waiver of Immunity Notwithstanding the provisions of Section 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 12 Packet Pg. 171 C.3.a shall any contract entered into by the County and the School Board be required to contain any provision for waiver. 29. Privileges and Immunities All of the privileges and immunities from liability; exemptions from laws, ordinances and rules, 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 0) and the School Board when performing their respective functions within the territorial limits for 2 their respective agencies shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents or employees extraterritorially under this Agreement. 76 U 30. 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 t) agency from any obligation or responsibility imposed upon the agency by law except to the extent of actual and timely performance thereof by any other participating agency, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this a Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the 2 CD constitutional or statutory duties of the participating agencies, except to the extent permitted by the Florida Constitution, State Statutes, case law, and specially, the provisions of Chapter 163, _ Florida Statutes. 0 CO c� 31. 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 13 Packet Pg. 172 C.3.a apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 32. Independent Contractor. Each party and its employees, volunteers, agents, vendors and subcontractors shall be and remain independent contractors and not agents or employees of the other party with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement 0) shall not in any way be construed to create a partnership, association or any other kind of joint 2 undertaking, enterprise or venture between the parties. 33. Waiver The failure of either party to this Agreement to object to or to take affirmative action with 6 U respect to any conduct of the other which is in violation of the terms of this Agreement shall not be construed as a waiver of the violation or breach, or of any future violation, breach or wrongful Ca conduct. 34. Survival of Provisions. Any terms or conditions of this Agreement that require acts beyond the date of the term of a the Agreement, shall survive termination of the Agreement, shall remain in full force and effect 2 CD unless and until the terms or conditions are completed and shall be fully enforceable by either a� Party. 0 n Ca c� THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK 14 Packet Pg. 173 C.3.a IN WITNESS WHEREOF, the parties hereto have duly passed under the laws of the State of Florida and have affixed their respective and representative hands and seals on the dates indicated. (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA Q 2 By By As Deputy Clerk Mayor/Chairman Date: (SEAL) MONROE COUNTY SCHOOL DISTRICT ATTEST: By Clerk Chairman a� Date: / MONROE COUNCTTY,ATTORNEY Chi RISTINE L]MI§F:RT•BARROWS ASSISTANT COUNTY ATTORNEY ca DATE. 8/16/21 C� U 15 Packet Pg. 174 '' raj 4u'OC le3o -a 4u ) 4ueuae a jB30 a 4u wOJJ 4u8w P 1 O Ma :4u8wg3 44 LO -q I- Ci 4® a. v ' O r J4 a U 0 E C +1 N � N � O � O n- � ci +' N C � � N E U L fo v a-• +' E n fo > O v O v CL l7 0 v J C!7 L.L O n > 4� O O 3 •— O Y tao _U co (U O U v � 0 O C � O _0 � N +j u O co +- O Q � L L O U L � L n u E O UO J v s v o +' a (U o v c v c N N x o a -C Q) o u @) > a 075 U s h -0 +� n E N s 0 o L °' 119 y > a > o 0 CDi � a l7 N -0 Q) O co 0 O LJL v u u N i- ,� > J- O O � _ O u u co U O o E Q p 0 N Q s E c^ O F— ca 6 O L O 6 O C O O U U — n ccO v L Lii p ca 0 3 co � O �J s -a - E u -1 O p T E > C r�� W U N p Ln dA On O a) O O ~ Q m cLo o p _Q £ C LC z w� v v8 P4- r a+ r 0 co t2 0 kj Cr O N ~ a) 6 v O ca ' N O L- 0 O ii O O Q X O E c � � - N O u 7 >- W (AF— U (A W W U a) CD ® r s e, Z LL N F— U of % m@m 4uiorm3o�lqm 0 ) Wama& | o] lgm 3U -13SDLAJ mil ama pM ouM3 :WamQ,q! « \ \ \ \ <v 2 \a. 3 \ \ 0 < ,u � \ \ / % 0 \ k § / / ' / \ / / 2 0 \ 0 e _ ± / 2 u 0 e 0 0 E _ m / U (U ƒ O 3 0 u § 0 g Lf) u / f (U m\ n / u / •- m /> \ / / / J 0 0 o 2 o _ 2 \ y / e / [ E \ > 3 ( 2 t 3 / 0 9 \ k / \ 2 o e = = E u = _k � a>- " 0- ° 2e G / } ƒ _ ° e 4 % E \ / $ > 7 0 < u u :1 2 0 ƒ / / 2 \ \ / 0 / y / U / e % e e e J 0 E / E 2 = © 0 \ # ne 2 G U / * ■ § E ° � # © / / / 7 3 m 4a7 ® ' 0 » \ co o N • # o a k f 0 ƒ 9 ° \ 7 G � t m I N Ln m ® o 41 2 m k $ ƒ IF \ $ � / \ \\ %\ o o � O k \ e / { \ / x /. u � Ln m E G 7 E » / \ \ \d : e 4 e \ ƒ % & m m 0 3 E $ n . ° .2 ( q k = ZZ k10. 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