Item C19BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 20, 2006
Bulk Item: Yes X No —
Division: County Administrator
Department: County Administrator
Staff Contact Person: Deb Barsell
AGENDA ITEM WORDING: Approval of Interlocal Agreement (ILA) between Monroe County and
School Board of Monroe County (School Board) to cooperate in support of the Just 4 Kids (J4K)
program operated under a 501(c)(3), the National Heritage Foundation.
ITEM BACKGROUND: J4K provides services such as Keeping Our Kids Fit outreach, art classes,
Art Against Graffiti, lst Response Hurricane Relief, and prom clothing assistance for children in need
throughout Monroe County. The School Board provides the J4K director with office space,
communications, and storage of equipment and supplies. J4K seeks to stabilize its administration
through this ILA, which the BOCC will provide $65,000 to the School Board during FY'07 for the
support of J4K. Currently, the director is a volunteer with no paid staff. This funding will allow for
J4K to continue with paid administrative staff and to ensure its continuation beyond its current
operation that is dependent solely on volunteers.
PREVIOUS RELEVANT BOCC ACTION: In FY'06, the BOCC supported J4K by providing
$25,000 to the National Heritage Foundation to provide services as recommended by the Human
Services Advisory Board.
CONTRACT/AGREEMENT CHANGES: NA
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $65,000
COST TO COUNTY:$65,000
BUDGETED: Yes No X
SOURCE OF FUNDS: Ad valorem
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required.
DISPOSITION: AGENDA ITEM #
Revised 8/06
C
UNTY So�MONROE
KEY WESTLORIDA 33040
(305)294-4641
Community Services Division
The Historic Gato Cigar Factory
1100 Simonton Street, Suite 2-257
Key West, Florida 33040
(o) 305.292.4489
(f) 305.292.4417
barsell-debbie@monroecounty=Fl.gov
August 31, 2006
TO: Monroe
FROM: Deb Barsel
BOARD OF COUNTY
4L73J61
COMMISSIONERS
Mayor Charles "Sonny" McCoy, District 3
Mayor Pro TernDixie M. Spehar, District 1
George Neugent, District 2
Mario Di Gennaro, District 4
k;a,- Glenn Patton, District 5
County Commissioners
irector, Community Services Division
SUBJECT: Interlocal Agie-ement (ILA) with School Board of Monroe County in
Support of Just 4 Kids
Just 4 Kids (J4K) is a program that operates throughout Monroe County, serving over 2,100
children last year. Its stated mission is "to provide services and programs to ALL children who
endure hardship situations helping them to attain personal growth, security, self esteem and
positive self worth." It has been operating in the Keys for over a decade through the hard work
and dedication of its volunteer director. In FY'06, the BOCC provided J4K $25,000 for supplies
as recommended by the Human Services Advisory Board (HSAB).
J4K has been working with the County Administrator's and the School Superintendent's Offices
for more than 9 months to determine a mechanism for providing ongoing assistance to this
program for children. The School Board has been and continues to provide J4K office and
storage space and communications. Both the County and the School Board want to see the
future of the program stabilized. It is unlikely that the work of the J4K will continue without
funding for salaries. The current volunteer director has operated the program since its inception
without paid staff. Continued long-term volunteer commitment seems unlikely as a mechanism
to staff J4K.
This ILA provides the School Board with $65,000 in FY'07 in support of J4K. This line item
support exceeds FY'06 commitment through the by Monroe County to J4K by $40,000. J4K did
not seek assistance through the HSAB for FY'07 due to potential support through this ILA.
$65,000 will pay the salary of the program director and a part-time assistant to continue to the
work of J4K. The School Board will continue to provide office and storage space,
communications, and enter into an agreement with the National Heritage Foundation — the
charitable organization under which J4K operates — to secure the services offered to children
suffering hardships throughout the County.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: School Board Monroe Co Contract #
Effective Date: October 1, 2006
Expiration Date: September 31, 2007
Contract Purpose/Description.-
To implement an Interlocal Agreement (ILA) between Monroe County and the School
Board of Monroe County to support Just 4 Kids to continue its current operations. J4K is now
operated by volunteers. This funding will allow the organization to continue with paid staff.
$65,000 will be provided by Monroe County to the School Board for the operation of J4K. The
School Board will continue to, provide J4K with office and storage space and communications.
Contract Manager: Deb Barsell 4489 1
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 9/20/06 Agenda Deadline: 9/5/06
CONTRACT COSTS
Total Dollar Value of Contract: $ 65,000 Current Year Portion: $ 0
Budgeted? Yes❑ No ® Account Codes: - - - -
Grant: $ - - - -
County Match: $ - - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $67,210/yr For: ILA with CPI increase each year
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.
CONTRACT REVIEW
Changes
Date In Needed
Division Director Yes[:] No[K
Risk Manage ment�5 7' T__51 Yes❑ Noa
0. B./Plasing l M Yes[] No®'
County Attorney Yes[] No®
Comments
OUR Form Revised 2/27/01 MCP #2
Date Out
g13i/e 6
'71,2,11c
Just 4 Kids
INTERLOCAL AGREEMENT
This Agreement is made and entered into 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.
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;
WHEREAS, SCHOOL BOARD has provided space, communications equipment
and utilities at a (local school for the administration of an after -school program entitled
"Just 4 Kids" operated under the auspices of the National Heritage Foundation
(FOUNDATION);" and
it is desired to provide for the enhancement of the Just 4 Kids
program; now
IN CONSIDERATION OF the mutual promises and conditions contained herein,
the PARTIES agrlee as follows:
1. SCOPE. � The Parties shall cooperate in support of the Just 4 Kids program
(PROGRAM) as ollow:
A. COUNTY Responsibility:
COUNTY'shall provide SCHOOL BOARD with $65,000 in annual funding.
B. SCHOOL BOARD Responsibility:
SCHOOL BOARD shall enter into an agreement with the FOUNDATION to
provide space and support for the Just 4 Kids (J4K) program and its related activities.
These include but are not limited to: Keeping Our Kids Fit outreach service, J4K art
classes, Art Against Graffiti, J4K I't 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 in
said agreement, receive invoices, verify the provision of services, and send invoices with
service verification to the COUNTY for payment.
Just 4 Kids
(1) AGREEMENT PROVISIONS: The Agreement between SCHOOL BOARD
and FOUNDATION shall, at a minimum, provide:
(a) The FOUNDATION must furnish to the SCHOOL BOARD: evidence
of the organization's 501(c)(3) status; a list of the organization's Board of
Directors; an annual audited financial report; a copy the organization's
mission; a copy of the organization's Corporate Policies and Procedures
Manual which must include hiring policies for all staff, drug and alcohol
free workplace provisions, and equal employment opportunity provisions.
Additionally, any employer or sub -contractor of the FOUNDATION 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) I The FOUNDATION shall maintain 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
said 'Board. 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) The FOUNDATION 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, the FOUNDATION
shall' be billed by the SCHOOL BOARD for the amount of the audit
exception and the FOUNDATION shall promptly repay any audit exception.
(d) The FOUNDATION covenants and agrees to indemnify and hold
harmless SCHOOL BOARD and 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 PROVIDER occasioned by the negligence, errors,
or other wrongful act or omission of the FOUNDATION's employees,
agents, or volunteers.
(e) At all times and for all purposes hereunder, the FOUNDATION 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 the FOUNDATION 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, the FOUNDATION
shall abide by all statutes, ordinances, rules and regulations pertaining to or
regulating the provision of such services, including those now in effect and
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Just 4 Kids
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 'the
FOUNDATION.
(g) FOUNDATION agrees that they 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, 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) FOUNDATION 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 FOUNDATION. 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. FOUNDATION 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
Just4Kids program.
(i) FOUNDATION 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 FOUNDATION in the performance of the
terms of this agreement. The FOUNDATION shall immediately give notice
to the COUNTY of any suit, claim or action made against the
FOUNDATION 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.
0) FOUNDATION agrees that it maintains in force at its own expense a
liability insurance policy which will insure and indemnify the SCHOOL
BOARD and the COUNTY from any suits, claims or actions brought by any
person or persons and from all costs and expenses of litigation brought
against the FOUNDATION for such injuries to persons or damage to
property occurring during the agreement or thereafter that results from
performance by FOUNDATION of the obligations set forth in this
agreement. At all times during the term of this agreement and for one year
afteracceptance of the project, FOUNDATION shall maintain on file with
the SCHOOL BOARD a certificate of the insurance of the carriers showing
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Just 4 Kids
that the aforesaid insurance policy is in effect. The following coverages
shall be provided:
1. Workers Compensation insurance as required by Florida Statutes.
2. Commercial General Liability Insurance with minimum limits of
$500,000 per occurrence for bodily injury, personal injury and property
damage.
3. Comprehensive Auto Liability Insurance with minimum limits of
$300,000 combined single limit per occurrence.
The COUNTY and the SCHOOL BOARD shall be named as co-insured,
except for workers compensation. The policies shall provide no less than
30 days notice of cancellation, non -renewal or reduction of coverage.
(k) The FOUNDATION shall keep such records 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 continue in,: force for a term of one year commencing as of October 1, 2006, and
ending on September 30, 20001
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 Payment will be paid periodically, but no more frequently than monthly as
hereinafter set forth. Invoices with documentation showing that the requisite services were
rendered, as verified by ',SCHOOL BOARD will be submitted to the COUNTY via the Clerk's
Finance Office. The COUNTY shall pay to SCHOOL BOARD a sum not to exceed $5,416.66
per month, upon receipt' of evidence that SCHOOL BOARD has paid the program director for
services rendered. An example of a reimbursement request cover letter is included as
Attachment A.
Payment shall be made in accordance with the Local Government Prompt Payment Act.
Payments in the aggregatie sum shall not exceed the total amount shown in Paragraph LA, above,
during the term of this agreement.
4. RECORDS — ACCESS AND AUDITS. Both Parties shall maintain adequate and complete
records for a period of four years after termination of this lease. Each Party, its officers,
employees, agents and Contractors shall have access to the Other Party's books, records, and
documents related to this, Agreement upon request. The access to and inspection of such books,
records, and documents by the Parties shall occur at any reasonable time.
Just 4 Kids
5. RELATIONSHIP OF PARTIES. The Parties are independent of each other and shall
at no time be legally responsible for any negligence on the part of the Other Parry, its employees,
agents or volunteers resulting in either bodily or personal injury or property damage to any
individual, property or corporation.
6. TAXES. The Parties are not subject to taxes and assessments.
7. INSURANCE. The parties to this agreement stipulate that each is a state
governmental agency as defined by Florida Statutes and represents to the other that it has
purchased suitable Public ,Liability, Vehicle Liability, and Workers' Compensation insurance, or
is self -insured, in amounts adequate to respond to any and all claims under federal or state
actions for civil rights violations, which are not limited by Florida Statutes Section 768.28 and
Chapter 440, as well as any and all claims within the limitations of Florida Statutes Section
768.28 and Chapter 440, as well as any and all claims within the limitations of Florida Statutes
arising out of the activities governed by this agreement.
To the extent allowed by law, each party shall be responsible for any acts of negligence
on the part of its employees, agents, contractors, and subcontractors and shall defend, indemnify
and hold the other party harmless from all claims arising out of such actions.
Each party agreed to keep in full force and effect the required insurance coverage during
the term of this Agreement. If the insurance policies originally purchased which meet the
requirements of this agreement are canceled, terminated or reduced in coverage, then the
respective party must immediately substitute complying policies so that no gap in coverage
occurs. Copies of current policy certificates shall be filed with the Other Party whenever
acquired or amended.
8. HOLD HARMLESS. To the extent allowed by law, the SCHOOL BOARD is
liable for and must fully defend, release, discharge, indemnify and hold harmless the COUNTY,
the members of the COUNTY Commission, COUNTY officers and employees, COUNTY
agents and contractors, and the Sheriff's Office, its officers and employees, from and against any
and all claims, demands, causes of action, losses, costs and expenses of whatever type -
including investigation and witness costs and expenses and attorneys' fees and costs - that arise
out of or are attributable to the SCHOOL BOARD's operations on the premises except for those
claims, demands, damages, liabilities, actions, causes of action, losses, costs and expenses that
are the result of the sole negligence of the COUNTY. The SCHOOL BOARD's purchase of the
insurance required under this Agreement does not release or vitiate its obligations under this
paragraph. SCHOOL BOARD does not waive any of its sovereign immunity rights including
but not limited to those expressed in Section 768.28, Florida Statutes.
To the extent allowed by law, the COUNTY is liable for and must fully defend, release,
discharge, indemnify and hold harmless the SCHOOL BOARD, its members, officers and
employees, agents and contractors, from and against any and all claims, demands, causes of
action, losses, costs and expenses of whatever type - including investigation and witness costs
and expenses and attorneys' fees and costs - that arise out of or are attributable to the
COUNTY's operations on the premises except for those claims, demands, damages, liabilities,
actions, causes of action, losses, costs and expenses that are the result of the sole negligence of
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Just 4 Kids
the SCHOOL BOARD, The COUNTY's purchase of the insurance required under this
Agreement does not release or vitiate its obligations under this paragraph. COUNTY does not
waive any of its sovereign immunity rights including but not limited to those expressed in
Section 768.28, Florida Statutes.
9. NON-DISCRUMIJ NATION. The SCHOOL BOARD and the COUNTY, each for itself,
its personal representatives, successors in interest, and assigns, as a part of the consideration
hereof, does hereby covenant and agree that no person on the grounds of race, color, or national
origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to
discrimination in the use of premises or in the contracting for improvements to the premises.
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 AND 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 VI 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 VM 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)
Monroe COUNTY Code Ch. 13, Art. VI, prohibiting discrimination on the bases of race, color,
sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or
expression, familial status or age; and 11) any other nondiscrimination provisions in any Federal
or state statutes which may apply to the parties to, or the subject matter of, this Agreement.
10. TERMINATION. Either party may terminate this agreement for cause after giving to
the other party at least ninety days written notice of the breach, allowing the allegedly breaching
party a period of forty-five (45) days within which to cure said breach. Failure to cure the breach
shall be noticed by the terminating party in writing and provided to the breaching party at least
twenty (20) days prior to the termination date.
11. ASSIGNMENT. The SCHOOL BOARD may not assign this Agreement o assign or
subcontract any of its obligations under this Agreement, other than to FOUNT ATION as
contemplated herein, without the approval of the COUNTY's Board COUNTY
Commissioners. All the obligations of this Agreement will extend to and bind the legal
representatives, successors and assigns of the SCHOOL BOARD and the COUNTY.
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Just 4 Kids
12. SUBORDINATION. This Agreement is subordinate to the laws and regulations of the
United States, the State of Florida, and the COUNTY, whether in effect on commencement of
this lease or adopted after that date.
13. INCONSISTENCY. If any item, condition or obligation of this Agreement is in conflict
with other items in this Agreement, the inconsistencies shall be construed so as to give meaning
to those terms which limit the COUNTY's responsibility and liability.
14. GOVERNING LAWS/VENUE. This Agreement is governed by the laws of the State of
Florida and the United States. Venue for any dispute arising under this Agreement must be in
Monroe COUNTY, Florida. In the event of any litigation, the prevailing party is entitled to a
reasonable attorney's fee and costs.
15. ETHICS CLAUSE. SCHOOL BOARD warrants that it has not employed, retained or
otherwise had act on i�s behalf any former COUNTY officer or employee subject to the
prohibition of Section 2' of ordinance No. 010-1990 or any COUNTY officer or employee in
violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision, the
COUNTY may, in its discretion, terminate this Lease without liability and may also, in its
discretion, deduct from the Lease or purchase price, or otherwise recover, the full amount of any
fee, commission, percentage, gift or consideration paid to the former COUNTY officer or
employee.
16. CONSTRUCTION. This Agreement has been carefully reviewed by the SCHOOL
BOARD and the COUNTY. Therefore, this Agreement is not to be construed against any party
on the basis of authorship.
17. NOTICES. Notices in this Agreement, unless otherwise specified, must be sent by
certified mail to the following:
COUNTY:
SCHOOL BOARD
COUNTY Administrator
Randy Acevedo
1100 Simonton Street
Monroe County School Superintendent
Key West, FL 33040
241 Trumbo Road
Key West, FL 33040
18. FULL UNDERSTANDING. This Agreement is the parties' final mutual understanding.
It replaces any earlier agreements or understandings, whether written or oral. This Agreement
cannot be modified or replaced except by another written and signed agreement.
Just 4 Kids
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its
duly authorized representative.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
M.
Deputy Clerk
(SEAL)
ATTEST:
By:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
I0
Mayor/Chairman
SCHOOL BOARD OF MONROE COUNTY
LIM
Superintendent
MONR0E COUNTY
Date
IT
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