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AMENDED AND RESTATED INTERLOCAL AGREEMENT <br />BETWEEN THE INDIAN RIVER COUNTY BOARD OF COMMISSIONERS AND THE <br />SCHOOL BOARD OF INDIAN RIVER COUNTY CONCERNING USE OF FACILITIES AS <br />PUBLIC SHELTER BUILDINGS FOR DECLARED AND LOCAL EMERGENCIES. <br />This Amended and Restated Interlocal Agreement (the "Agreement") is entered into this <br />day 141 day of June, 2022, (the" Effective Date") between the Indian River County Board of <br />Commissioners, (the" COUNTY") and the School Board of Indian River County (the "School <br />Board"). <br />WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal <br />Cooperation Act of 1969", authorizes local governmental units to make the most efficient use of <br />their powers by enabling them to cooperate with other localities on a basis of mutual advantage <br />and thereby to provide services and facilities in a manner and pursuant to forms of governmental <br />organization that will accord best with geographic, economic, population and other factors <br />influencing the needs and development of local communities; and <br />WHEREAS, Part 1 of Chapter 163, Florida Statutes permits "public agencies" as defined <br />in Section 163.01(3)(b), to enter into interlocal agreements with each other to exercise jointly <br />any power, privilege, or authority which such agencies share in common and which each might <br />exercise separately; and <br />WHEREAS, the Florida Legislature has found that safeguarding the life and property of <br />its citizens is an innate responsibility of the governing body of each political subdivision of the <br />state; and <br />WHEREAS, pursuant to Section 252.38(1)(d), Florida Statutes, during a declared state <br />or local emergency and upon the request of the director of a local emergency management <br />agency, the School Board shall participate in emergency management by providing facilities and <br />the necessary personnel to staff such facilities; and <br />WHEREAS, the COUNTY and the SCHOOL BOARD, together constituting the <br />"Parties" to this Agreement, mutually desire that the SCHOOL BOARD make available certain <br />school facilities for emergency shelters and the personnel to staff such shelters, as more fully <br />described herein. <br />NOW, THEREFORE, in consideration of the mutual promises contained herein, it is <br />agreed upon between the Parties as follows: <br />1. Recitals <br />The Parties agree that the foregoing recitals are true and correct and are incorporated <br />herein by this reference. <br />2. Purpose <br />The SCHOOL BOARD agrees, that after meeting its responsibilities to pupils, it will <br />permit upon request of COUNTY, the use of specific mutually agreed upon public school <br />facilities as designated shelters as set forth in Exhibit "A" (excluding the Special Needs <br />Shelter Treasure Coast Elementary School which will only be used when a Special Needs <br />Shelter is required), attached hereto and made a part hereof, by COUNTY as emergency <br />Page 1 of 7 <br />