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Item C17Meeting Date January 16, 2008 Division: _ Emergency Services Bulk Item: Yes X No: _ Department: Emergency Management Staff Contact Person: Jerald O'Cathey AGENDA ITEM WORDING: Approval for the BOCC to enter into First Amendment to Interlocal Agreement (ILA) with the Monroe County School Board (MCSB), to provide payment for the cost of Enhanced Hurricane Protection Area Upgrade cost for Poinciana Elementary School to enable the use of the school facility as a hurricane shelter and Refuge of Last Resort. ITEM BACKGROUND: On September 25, 2007, the BOCC approved an Interlocal Agreement with the Monroe County School Board for the payment of hurricane upgrades at Poinciana Elementary School. This first amendment is necessary in order to clarify some language in that ILA. PREVIOUS RELEVANT BOCC ACTION: Approval of original Interlocal Agreement by Monroe County BOCC on September 25, 2007. CONTRACT/AGREEMENT CHANGES: None. STAFF RECOMMENDATIONS: Acceptance: It is appropriate to accept the Monroe County School Board Interlocal Agreement. The funds were included in and will be paid from the FY 2008 budget. TOTAL COST: $ 135,927.75 BUDGETED: Yes X No COST TO COUNTY: $ 1.35,927.75 SOURCE OF FUNDS: Ad Valorem Taxes REVENUE PRODUCING: Yes No X AMOUNT PER. MONTH Year APPROVED BY: County Atty OMB/Purchasing _ Risk Management 1IZi1,OL,N y 10lilk Y V V Y'[110 DISPOSITION: Revised 10/22 Included X Not Required AGENDA ITEM # MONROE COUNTY BOARD OF COUNTS COMMISSIONERS CONTRACT SUMMARY Contract with: MC School Board Contract # Effective Date: Expiration Date: January 16, 2008 Contract Purpose/Description: Request BOCC approval to enter into First Amendment to Interlocal Agreement with the MCSB to reimburse MCSB for Eiflianced Hurricane Protection Area Upgrading of the Poinciana Elementary School for purposes of enabling this facilities use as a Monroe County hurricane shelter and refine of last resort. Contract Manager: Jerald L. O'Cathey 6012 14 (Name) (Ext.) (Department/Stop #) for BOCC meeting on January 16-17, Agenda Deadline: January 2, 2008 2008 Total Dollar Value of Contract: $ Budgeted? Yes® Grant: $ County Match: $ 0 CONTRACT COSTS $ Current Year Portion: $ 1 21; 09'7 '7G No ❑ Account Codes: 001-04537-530340- ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eta. maintenance. CONTRACT REVIEW 135,927.75 etc Changes Date Out Date In Needed Rear' er Division Director Yes❑ Noa % �� Risk Manag tnent .�� Yes❑ O.M.B./Punch ing 1��bfi Yes❑ Noi ( 7 County Attorney 4 Yes❑ No[g] Comments: INTERLOCAL AGRE EMIE NT THIS FIRST AMENDMENT to the INTERLOCAL AGREEMENT between the Board of County Commissioners of Monroe County (BOCC), 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, is made and entered into this day of , 2007, by and between MONROE COUNTY, a political subdivision of the State of Florida (hereinafter "County"), and the SCHOOL BOARD. WITNESSETH WHEREAS, on the W' day of May, 2005, the BOCC passed a motion granting approval of funding in an amount not to exceed $200,000.00 for Enhanced Hurricane Protection Area (EHPA) upgrades at Poinciana; and WHEREAS, on, or about, October 2006, SCHOOL DISTRICT directed the general contractor in charge of construction for new Poinciana Elementary School, Heery International, Inc., to incorporate EHPA upgrades in the design and construction of the school. EHPA upgrades consisted of the following: Automatic transfer switch (transfers power from generator to Fire Pump); electrical costs associated with EHPA; moving power from generator to fire alarm pane; generator and generator install; foundation for generator room; mechanical costs for duct, louvers, and installation; doors and frame for generator room; design fee; and Total Program Management (TPM) fee. On or about October 19, 2006, SCHOOL DISTRICT paid $135,927.75 to Heery International, Inc. for the above -referenced services; and WHEREAS, on the 25`h day of September, 2007, the parties entered into an Interlocal Agreement with the SCHOOL BOARD in order to reimburse the SCHOOL BOARD for Enhanced Hurricane Protection Area (EHPA) upgrade costs at Poinciana Elementary School ("Poinciana"); and WHEREAS, at the time the Interlocal Agreement was placed on the agenda, it was contemplated that there would be a second interlocal agreement ("Second Interlocal Agreement") also placed on the same agenda addressing the use of other SCHOOL BOARD facilities as shelters, and, however, staff withdrew the Second Interlocal Agreement; but WHEREAS, there was language in the original interlocal agreement cross-referencing the — Second Interlocal Agreement which is now redundant and must be removed in order to be clear; and WHEREAS, it is necessary to have this amendment in order to remove and clarify that language; and WHEREAS, this amendment is in the best interests of the citizens of Monroe County, Florida; NOW, THEREFORE, the parties agree to amend the Agreement as follows: The foregoing provisions are included as if fully set forth herein. 2. WHEREAS, Section 2 of the Interlocal Agreement is to read as follows: In return for the EHPA upgrades detailed above and upon presentation of a proper invoice as that term is defined in the Florida Local Government Prompt Payment Act, Section 218.70, F.S., which invoice shall include proof of actual payment by SCHOOL BOARD to Heery International, Inc., COUNTY shall issue a check to SCHOOL BOARD in the amount of $135,927.75; and 3. WHEREAS, Section 3 of the Interlocal Agreement is amended to read; This INTERLOCAL AGREEMENT will terminate upon receipt by the SCHOOL BOARD of the funds referenced above. 4. In all other respects, the Agreement between the parties dated, 25 h day of September, 2007 remains in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first written above. ATTEST: DANNY L. KOHLAGE, COUNTY CLERK LE Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA M. Mario Di Gennaro, Mayor MONBOE COUNTY ATTOF-MEY Al II;OVE AS TO p YNTHIA L. SHALL ASSISTANT C"2UN �TTIORNEY Irate