12/07/2005
Moaree COIIDty Clerk's Of6~ Ori@nrJ
INTERLOCAL AGREEMENT PURSUANT TO CHAPTER 163. FLORIDA STATUTES BETWEEN
MONROE COUNTY SCHOOL BOARD AND BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY FOR USE OF RECREATIONAL VEHICLES FOR TEMPORARY HOUSING
THIS AGREEMENT made the last day below written. by and between the
SCHOOL BOARD OF MONROE COUNTY, FLORIDA, as the contracting agent for
the Monroe School District. whose address is 241 Trumbo Road. Key West, Florida
33040 ("SCHOOL BOARD"). and BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida, whose
address is 1100 Simonton Street, Key West, Florida 33040 (the "COUNTY").
WITNESSETH. that the School Board and County hereby agree as follows:
1. Recitations.
(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 on a basis of mutual advantage and thereby to
provide services and facilities in a manner and pursuant to forms of governmental
organization that will accord best with geographic, economic, population, and other
factors influencing the needs and development of local community. (Sec. 163.01(2),
F.S.).
(B) The Act further provides that "a public agency of this state may
exercise jointly 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. 161.01(4).)
(C) The Act's definition of "public agency" includes a county government
and a school district. (Sec. 163.01(3)(b).
(D) The School Board and County, pursuant to this Act, desire to enter
into this Interlocal 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 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, while at the same time providing much needed temporary
emergency housing to employees of the School Board and citizens of the County.
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
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Agreement.
3. Purpose of Agreement. The purpose of this Agreement is to define the
respective duties and obligations of the School Board and the County under this
Agreement relative to the sublease from the County to the School Board of emergency
temporary housing for School Board employees.
4. Method for Accomplishing Purpose. The basic method for accomplishing
the purpose of this Agreement is as follows:
(A) The County shall sublease to the School Board towable recreation
vehicles pursuant to a lease agreement entered into between the County and Lazy
Days RV Center Inc. on or about November 16, 2005 ("Master Lease"). The County
has secured the consent of Lazy Days RV Center Inc. for the sublease as contemplated
herein.
(B) The School Board shall comply with all terms and conditions imposed
upon the County pursuant to the Master Lease.
(C) The School Board shall pay County all costs associated with the furnishing
and installation of the recreational vehicles subleased to the School Board pursuant to
the fee scheduled established in the Master Lease. The School Board shall payment
within 30 days of delivery of the recreational vehicle to each authorized user as
designated by School Board.
(D) The School Board shall enter into user agreements with its employees for
use of the vehicles similar in form and substance to that agreement the County has
established for its employees. A copy of the agreement shall be furnished to the
County.
(E) The School Board shall verify that each person with whom it has a user
agreement is a School board employee.
(F) The School Board shall coordinate the placement and ordering of
recreational vehicles for its employees through the County administrator or his
designee.
(G) Nothing stated herein shall obligate the County to furnish or School board
to accept a certain number of recreational vehicles under this Agreement.
5. Duration of Agreement. This agreement shall continue for the term of the
Master Lease, unless sooner terminated as provided herein, and may be extended as
provided under the Master Lease.
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6. Cooperation and Claims for Federal or State Aid. Both the School Board
and the County agree that they shall cooperate in applying for, seeking, and obtaining
federal and state funds to reimburse expenditures made under the Agreement and the
Master Lease. In the event the County receives funds for moneys received from the
School Board under this Agreement, the County shall immediately notify the School
District and immediately reimburse such funds to the School District. The School Board
and County further agree to participate, to the extent required by the other party, in all
proceedings, hearings, 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 either party relating to the formation, execution,
performance, or breach of this Agreement.
7. Adjudication of Disputes or Disagreements. The School Board and
County agree that all disputes and disagreements shall be attempted to be resolved by
meet and confer sessions between representatives of the School Board and the County.
If no resolution can be agreed upon within thirty (30) days after the first meet and confer
session and the issue or issues are still not resolved to the mutual satisfaction of the
School Board and the Board of County Commissioners, then either party shall have the
right to proceed as specified in paragraph 10 below.
8. Failure of Agency to Pay Share of Costs and Expenses. In the event that
either the School Board or the County shall fail to pay its respective share of costs and
expenses associated with this Agreement, and such failure continues for seven days
following written notice of such failure, the other party shall have the right to declare this
Agreement null and void and immediately terminate the Agreement, as well as seek all
remedies in law or equity.
9. Liability Coverage; Insurance; Hold-Harmless; Indemnity.
A. Each party will be responsible for any acts of negligence on the part of
its agents or employees. Each party will hold the other party harmless from all claims
arising out of its respective use, and each party shall have a duty to defend all claims
arising from this Agreement.
B. To the extent permitted by Florida law, each party shall indemnify and
hold harmless the other party from and against all expenses, liabilities, damages, costs,
and claims of every kind, including reasonable counsel fees and costs at both the trial
and appellate levels, by or on behalf of any person or entity arising out of either (1) a
failure by a party to perform any of the terms or conditions of this agreement, and (2)
any injury or damage arising from this Agreement.
10. Venue, Interpretation, Costs, and Fees. In the event that any cause of
action or administrative proceeding is instituted for the enforcement or interpretation of
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this Agreement, the School Board and County agree that venue will lie in the
appropriate court or before the appropriate administrative body in Monroe County,
Florida. The School Board and County further agree that, in the event of conflicting
interpretations of the terms or a term of this Agreement between the School Board and
County, the issue shall be submitted to mediation prior to the institution of any other
administrative of legal proceeding. Additionally, the School Board and County agree that
in the event any cause of action or administrative proceeding is initiated or defended by
any party relative to the enforcement or interpretation of this Agreement, the prevailing
party shall be entitled to reasonable attorneys' fees, court costs, investigative, and out-
of-pocket expenses, as an award against the non-prevailing party. Mediation
proceedings initiated and conducted pursuant to this Agreement shall be in accordance
with the Florida Rules of Civil Procedure and usual and customary procedures required
by the Circuit Court of Monroe County.
11. Covenant of No Interest. The School Board and County covenant that
neither 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 benefits as recited in this Agreement.
12. Code of Ethics. The School Board and County agree that each agency's
respective officers and 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 disclosure or use of
certain information.
13. Severability. In the event one or more provisions of this Agreement are
declared invalid by a court of competent jurisdiction, the balance of this Agreement shall
remain in full force and effect.
14. Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28,
Florida Statutes, the participation of the School Board and County 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 shall any contract entered into
by the School Board and County be required to contain any provision for waiver.
15. Privileges and Immunities. All of the privileges and immunities from
liability; exemptions from laws, ordinances, and rules; and 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 School Board and County, when
performing their respective functions within the territorial limits for their respective
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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.
16. 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 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 Agreement is not
intended to, nor shall it be construed as, authorizing the delegation of the constitutional
or statutory duties of the participating agencies, except to the extent permitted by the
Florida constitution, state statutes, case law, and, specifically, the provisions of Chapter
163, Florida Statutes.
17. Effective Date. This Agreement, and any subsequent amendments, shall
become effective upon signature of the final party hereto.
18. 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 School Board and County agree that neither the School Board nor
the County 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 apart,
inferior to, or superior to the community in general or for the purposes contemplated in
this Agreement.
19. Assignment. The School Board may not assign this Agreement or assign
or subcontract any of its obligations under this Agreement without the approval of the
County's Board of 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.
20. Notices. Notices in this Agreement, unless otherwise specified, must be
sent by certified mail to the following:
County:
School Board:
County Administrator
1100 Simonton Street
Key West, FL 33040
Superintendent Randy Acevedo
241 Trumbo Road
Key West, FL 33040
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MOIl"" COIUIty Oed'. Of'fice OntIrE:' ~
A : DANNY L. KOLHAGE,
CLERK
BY:.flckJC. ~
Deputy Clerk J~-7-0S
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By:
Randy
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and
BOARD OF COUNTY
COMMISSIONERS OF
MONROE COUNTY LORIDA
By:
Mayor Cherlt..<i. I.
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SCHOOL BOARD OF
MONROE COUNTY
MONROE COUNTY ATTORNEY
APPROVED AS ,TO FORM:
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ASSISTANT COUNTY ATTORNEY