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06/18/2003 Agreement Clelt( oIlIIe Circul coun Danny L. Kolhage Phone: 292-3550 Fax: 295.3663 Memnrandum To: Richard Collins, County Attorney Attn: Jan Hotalen JJY Isabel C. DeSantis · Deputy Clerk From: Date: Friday, June 11, 2004 At the meeting of June 18,2003, the BOCC approved the fOllowing: Interlocal Agreement between Monroe County and the School Board of Monroe County concerning traffic (driver) education programs funded with the additional $3 collected from civil traffic penalties. Attached hereto is a fully-executed duplicate original of the subject document for your handling. Should you have any questions concerning this matter, please do not hesitate to contact me. Copies: County Administrator Finance File ..,/ APR-14-12l4 16,25 FROM,MONROE COUNTY ATTY OFFICE ID,312152923516 PAGE 3/6 INTERLOCALAGREEMENT SCHOOL BOARD AND BOARD OF COUNTY CO~MI$SIO~ER~ This Interlocal Agreement is entered into by and between Monroe County, a poUtlcal subdivISion of the State of Aorlda (hereafter County), and the School Board of Monroe County (hereafter School Board). WHEREAS, Sec. 318.1215, FS, authorizes the Monroe County Board of County Commissioners by ordinance to collect an additional $3 with each civil traffic penalty to be used for traffic education prog~ms in public and nonpublic school; WHEREAS, the County In Ordinance No. 021-2002, codified as Sec. 11-12, Monroe County Code, Provided for the collectIon of the additional $3; and WHEREAS, the School Board desires to use the revenue generated by the additIonal $3 to fund traffic education programs in the publlc schools in Monroe County; now, therefore, "-,) SC;/ g" 2 )>. ~ ;= :0 0 ~ ~ I"'r1 In consideration of the mutual conS/deration and promises set f~,'bel!!" ~ 00. _ 0 c::-~ ... :r:?Oc ""'IJ .... 0 r- - :0 :<:-i ::r: :z- ,." a) On or before June 1 of each year the School Board's;liu'rintlmd@jtt ~ .z:-:::o (Superintendent) shall submit to the County Administrator (Admlnlstra'for) Cfts 1. parties agree as follows: proposed annual traffic education programs for the upcomIng year together with a proposed budget. b) The Administrator shall promptly review the Proposed traffic education programs and budget. If the Administrator determines that any of the programs, program item or budget Items are not reasonably within the term "traffic education programs'" as descrIbed in Sec. 316.1215, FS, Sec. 11-12, MeC, or otherwise do not COmply with general law, he shall so inform the SuperIntendent in writing together with suggested modifications necessary to bring the proposed program, program Item or budget Item into compliance wIth Sec. 318.1215, FS, Sec. 11-12, MCC, or APR-14-04 16,26 FROM,MONROE COUNTY ATTY OFFICE 10,3052923516 PAGE 4/6 the applicable provision of general law. The Administrator's dedsJon regardIng the compliance of any program, program item or budget item with Sec. 318.1215, FS, Sec. 11-12, Mee, or appUcabJe provision of general law Is final. c) Once the Administrator has determined that the School Board's proposed traffic education programs and budget comply with Sec. 318.1215, FS, Sec. 11-12, MCC, and general law he shall forward copies of the same together wJth his wrftten approval to the County Clerk. The Clerk shall then pay to the School Board, out of the Monroe County Traffic Education Fund, the following: 1) the budget amount requested; or 2) if the revenue collected pursuant to Sec. 11-12, Mee, Is Insufficient to pay the budget amount requested, then the amount available; 2. If the situation described in SUbparagraph l(c)2 occurs, then, after the initIal payment, the Clerk shall thereafter make monthly payments by the 15th of each month equal to the revenue collected pursuant to Sec. 11-12, MCC, during the immediately preceding month, less any admInistrative costs. Such monthly payments shall continue to be paid until such time as the approved budget amount Is fully paid or the School Board's traffic programs described In Its annual request are completed, whichever occurs first. Under no drcumstances may the amount paid by the County to the School Board pursuant to this agreement exceed the amount that is collected pursuant to Sec. 11-12, Mee, and deposited In the Monroe County Traffic Education Fund. 3. The Schoof Board acknowledges that non public schools are also eligible to receive funds generated from the $3 added to each cIvil traffic penalty Imposed pursuant to Sec. 318.1215, FS, and Sec. 11-12, MCC. The School Board Intends to propose a budget and programs that are open to the public and prIvate students of Monroe County on an equal basis. While the School Board understands that the County reserves the right to enter into agreements with non-public schools pursuant to the statute, It Is also understood APR-14-04 16,26 FROM,MONROE COUNTY ATTY OFFICE 10,3052923516 PAGE 5/6 that the County will consider the School's County-wide proposal open to all public and private students. Additionally, should the County opt to enter fnto a non.publfc school agreement the School Board will be given the ablfity to amend Its proposal to reflect only publlc school students. 4. The School Board agrees to keep Its records pursuant to this agreement according to generally accepted governmental accounting. principles and make those records available to an auditor employed by the County or the State of Florida during normal busIness hours. The records for each year's traffic education program must be retained for a period of three years after the date each year's traffic education program are concluded. If an auditor employed by the State or County determines that funds paid by the County to the School Board pursuant to this agreement were spent for purposes not authOrized by this agreement, Sec. 318.1215, FS, or Sec. 11-12, MeC, then the School Board must repay the funds determIned by the auditor to have been misspent, together with interest calculated at the rate set forth in Sec. 55.03(1), FS, running from the date the auditor determined that the funds were misspent. 5. To the extent authorized by Sec. 768.28, FS, the School Board agrees to indemnify and hOld harmless the members of the Monroe County Board of County CommisSioners, the County, Its officers, employees, agents and contractors from liability to any person or persons on account of injury to persons or property, or on account of the death of any person, whIch Occurred as the result of any act or omission of any School Board officer, employee, agent or contractor, arisIng out of, or in connection with, the traffic education programs funded whorry or In part by this agreement. 6. The contact person for the County and School Board are: ~onroe Coun~ County Administrator 1100 Simonton Street Key West, FL 33040 School Board Superintendent 241 Trumbo Road Key West, FL 33040 APR-14-04 16,26 FROM,MONROE COUNTY ATTY OFFICE ID,3052923516 PAGE 6/6 All written correspondence required by this agreement must be sent to persons and addresses described above. Other individuals, may be substituted as contact persons with written notification of the substitution. 7. This agreement does not create, and may not be construed to create, any relationship, duties, liability, or obligation to, or on behalf of, any third parties. 8. This agreement remains In effect until the occurrence of any of the following: a) The County Commission repeals Sec. 11-12, MCC; b) The School Board elects not to provide traffic education progra~s; c) Sec. 318.1215, FS, or another provision or general law, Is repealed or amended In such a way as to make thIs agreement Inconsistent with general law. 9. This agreement wrll take effect when an executed original Is filed with the Cleric of the Circuit Court of Monroe County. ,.-~~~ITNESS WHEREOF, the Board of County CommIssIoners and School Board have ~"~_:.,,(':'1'.\ (';:''''~", A~A1;~~~~..pectlve hands and seals the dates Indicated below. hll~?I".""~~.,,.I- y:~._~ .1:1...' 1.3 - ... ',' . \', 11:::7/: '.'! /.. /\.. . -!/..:i Of '.,:';-. ~,.,t. \\~' , ') \~~). . .:. DANNY L KOLHAGE, CLERK By Jho..-L.d c" f.DJ;~ t./ttjo'( Deputy Clerk Date 0 Co - I g.. ~ 003 I3Dc,c. MtJ. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY#--~(~ Mayor/Chairman ATTEST: MONROE COUNTY SCHOOL BOARD By ~erjntendento I ~ Date It' L C). 0 '-t By~::I~ ~~~ aIrman Date FIled In the Clerk's Office: jiaSBDrivlng ....~ED ".,' ."" , 1fII.:I ?jtj,o/ AN " .