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2022-118
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Last modified
6/27/2022 12:24:03 PM
Creation date
6/27/2022 12:18:12 PM
Metadata
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Template:
Official Documents
Official Document Type
Interlocal Agreement
Approved Date
06/14/2022
Control Number
2022118
Agenda Item Number
8.L.
Entity Name
School Board of Indian River County
Subject
Interlocal Agreement Amended and Restated
for Public Shelter Buildings Declared and Local Emergencies
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7. Reimbursement <br />The SCHOOL BOARD shall document all disaster related costs for the use of the <br />designated shelters and seek reimbursement from state and federal agencies for costs <br />associated with the responsibilities set forth in this Agreement. The SCHOOL BOARD <br />will seek such shelter use reimbursement as a separate applicant from the COUNTY. <br />8. Liability <br />By this Agreement, the SCHOOL BOARD recognizes for the purposes in this Agreement <br />the SCHOOL BOARD is an active participant with the COUNTY in this community <br />service endeavor. Each are cognizant of the provisions of Chapter 252, Florida Statutes, <br />pertaining to "Emergency Management," particularly Section 252.5 1, Florida Statutes, <br />insulating both the SCHOOL BOARD and COUNTY from liability due to death of or <br />injury to, any person on or about emergency shelter premises or for loss of , or damage <br />to, the property of such person unless the gross negligence or the willful and wanton <br />misconduct of one of the Parties is the proximate cause of such death, injury, loss or <br />damage occurring during such sheltering period. <br />9. Indemnification <br />Subject to the provisions and only within the limitations of Section 768.28, Florida <br />Statutes, and without waiving sovereign immunity, the Parties recognize their respective <br />tort liability for injury or loss of property, personal injury, or death caused by the <br />negligent or wrongful act or omission of any employee acting within the scope of the <br />employee's office or employment. It is expressly understood that this provision shall not <br />be construed as; i) a waiver of any right, defense or immunity that the Parties have under <br />Chapter 768.28, Florida Statutes, or any other statute, ii) an agreement by either Party <br />hereto to indemnify the other; or iii) consent by either Party to be sued by third parties. <br />Each Party covenants to maintain sufficient general liability and worker's compensation <br />coverage, unless self-insured regarding its respective liability, throughout the term of this <br />Agreement. <br />IO.Insurance <br />The Parties warrant that they are self-insured and agree to maintain general liability <br />insurance as required by law. The Parties further agree to provide each other with a copy <br />of said insurance certificates. <br />11. Non -Discrimination <br />The Parties shall not unlawfully discriminate against any individual on the basis of his or <br />her race, age, religion, ancestry, color, ethnicity, gender, national origin, marital status, <br />disability, sexual orientation, genetic information, or gender identity or expression with <br />respect to any activity occurring or under this Agreement. <br />12. Modifications <br />This Agreement may be modified or amended only by mutual written consent of the <br />Parties. Notwithstanding the foregoing, the Parties agree that Exhibit "A" may be <br />amended or supplemented from time to time upon the mutual written agreement, by the <br />Page 3 of 7 <br />
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