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HomeMy WebLinkAbout2005-378 (2) i ` f MEMORANDUM OF UNDERSTANDING FOR ADMINISTRATION OF THE GRANT , FROM THE DEPARTMENT OF COMMUNITY AFFAIRS ; IMPLEMENTATION OF GROWTH MANAGEMENT INITIATIVE BETWEEN INDIAN RIVER COUNTY AND THE SCHOOL DISTRICT OF INDIAN RIVER COUNTY, FLORIDA THIS AGREEMENT, entered into the 15thday of November , 2005 , by and between Indian River County, a political subdivision of the State of Florida, by its Board of County Commissioners , located at 1840 25th Street, Vero Beach, Florida, hereinafter called COUNTY, and the School District of Indian River County, Florida, located at 1990 25th Street, Vero Beach, Florida, hereinafter called the SCHOOL DISTRICT . WITNESSETH WHEREAS , the Florida Legislature has enacted changes to state growth management laws , requiring all local governments to adopt school concurrency provisions as part of their comprehensive plans ; and WHEREAS , the COUNTY and the SCHOOL DISTRICT have been chosen by the Florida Department of Community Affairs (DCA) as one of six communities to participate in a pilot program concerning school concurrency; and WHEREAS , the County and the School District will be eligible for grant proceeds in the amount of $200 , 000 . 00 to assist the parties in adopting the required changes to their comprehensive plan; and WHEREAS , the COUNTY and the SCHOOL DISTRICT are prepared to dedicate the time , staff and resources to meet the time deadlines established by the terms of the Pilot Program ; and WHEREAS , the parties will retain the services of a consultant to assist them with preparing for the needed adoption of a public school facilities element, amendments to the capital improvements element and intergovernmental coordination element and entering into an Interlocal agreement with the applicable entities ; and WHEREAS , the parties wish to set forth their respective duties , responsibilities and agreements in writing. Page 1 of 5 FACommunity Development\Users\LONG RANGE\CompPlan\Public Schools\Memo of Understanding\Final Concurrency MOU.doc NOW THEREFORE , in consideration of the mutual benefits to be derived from joint participation in the Pilot Program, the parties agree to the following : 1 . Recitals . The recitals set forth above are true and correct and are deemed incorporated herein . 2 . Staffing. The Parties agree to dedicate the staff necessary to comply with the mandates of the grant program . The parties agree that since time is of the essence in this matter, a consultant will be retained by the parties to assist them with the drafting of the various documents and amendments required by the Growth Management Initiative law . 3 . Selection Committee. The parties agree to form a selection committee consisting of five (5 ) members . The SCHOOL DISTRICT shall choose two (2) members and the COUNTY shall choose two (2) members to serve on the committee . One member from the Public School Planning Citizens Oversight Committee shall be agreed to by both the SCHOOL DISTRICT and the COUNTY to serve on the Committee . The Committee shall meet and review the proposals submitted and narrow the list of candidates to their top three choices . After the list of consultants has been narrowed to three, presentations will be made by the finalists to the selection committee and the firms shall be scored as outlined in the request for proposals . The scores for each finalist shall be averaged and the firm with the highest average score shall be selected . In the event of a tie, the firm with the highest number of 1St place rankings shall be selected . 4 . Negotiations. The parties shall then enter into negotiations with the highest ranked finalist . If a satisfactory agreement cannot be reached with the highest ranked finalist, the second ranked finalist shall be contacted and negotiations shall begin with that finalist . If a satisfactory contract cannot be reached with the second ranked finalist the parties shall attempt to negotiation a contract with the third ranked finalist . 5 . Information to Consultant. The parties agree to supply all requested and required information to the consultant on a timely basis . In order to maintain the exchange of information on an orderly basis, all information between consultant and the COUNTY shall be addressed to : Mr. Robert Keating, Director of Community Development . All information to and from the consultant on behalf of the SCHOOL DISTRICT shall be addressed to and from : Dr. Dan McIntyre, Assistant Superintendent for Operations . 6 . Cost of Consultant . The parties agree to share equally in the cost of the consultant . The consultant shall prepare bills for services rendered and one bill shall be sent to the COUNTY and the other shall be sent to the SCHOOL DISTRICT . All bills shall be paid in accordance with the Page 2 of 5 FACommunity Development\Users\LONG RANGE\CompPlan\Public Schools\Memo of Understanding\Final Concurrency MOU .doc Florida Prompt Payment Act. The County and the School District shall each remit 50% of the bill to the Consultant . 7 . Costs of Complying with Sub- Grant. Each party shall bear their own costs of complying with the terms of the sub- grant, i . e . photo copy charges , travel, long distance, overtime and the like . 8 . Change orders . Any changes in the contract between consultant and the parties must be approved by each party in writing . 9 . Joint Cooperation . The Board of County Commissioners and the Indian River County School District pledge to coordinate and cooperate with each other in complying with the terms of the sub-grant agreement . The cooperation and coordination includes , but is not limited to , conducting joint meetings and/or workshops concerning school concurrency, assuring adequate staffing for the respective party in order to complete and abide by the terms of the sub - grant agreement, and to supply prompt action to their respective parties when required to do so . 10 . Sharing of Information . The parties agree to freely share information with the other party concerning any aspect of the sub -grant agreement or work with a consultant . 11 . Termination of Contract. If the sub- grant agreement is terminated by the COUNTY , the SCHOOL DISTRICT , or the Department of Community Affairs (DCA) , the consultant shall cease work on behalf of the parties and submit a bill to the parties for services rendered and shall be paid pursuant to paragraph six above . Upon termination of the contract by any party or the DCA, the consultant is free to negotiate a separate contract with the SCHOOL BOARD or the COUNTY concerning this topic at a later date . 12 . Contact. The contact person for the SCHOOL DISTRICT of Indian River County shall be Dr. Dan McIntyre, Assistant Superintendent for Operations , Indian River County school District, 1990 25th Street, Vero Beach, FL 32960 , (772) 564-3041 (phone) (772) 564- 3051 (fax) Dan. Mclntyre(a ,indian-river. kl. 2 . fl . us (e-mail) . For the COUNTY it shall be Robert Keating, Director of Community Development, 1840 25th Street, Vero Beach, FL 32960 , (772) 226 - 1254 (phone) (772) 978 - 1806 (fax) bkeating-Owircgov . com (email) . 13 . Assignment. This Agreement and any interest herein shall not be assigned, transferred or otherwise encumbered by the SCHOOL DISTRICT or COUNTY under any circumstances without the prior written consent of the other party. 14 . Duration . Except as otherwise set forth herein, this agreement shall continue in effect and be binding to both the COUNTY and the SCHOOL DISTRICT until July 30 , 2006 . If the Page 3 of 5 FACommunity Development\UsersTONG RANGE\CompPlan\Public Schools\Memo of Understanding\Final Concurrency MOU.doc parties agree to an extension of this agreement it must be memorialized in writing . In the interim, the costs shall be shared as provided for in this agreement, until a new agreement is effective . 15 . Receipt and Distribution of Grant Funds . By participating in the pilot project, the Parties are eligible for grant funds from the Department of Community Affairs in the amount of $ 200, 000 . 00 . The parties will share equally in said funds . If one party receives funds intended for the other party, the funds shall be remitted to the intended party within three business days . 16 . Indemnification . To the extent allowed by the Laws of Florida, the Parties hereby agree to indemnify, defend, save and hold harmless each other from all claims , demands liabilities, and suits of any nature arising out of, because of, or due to any intentional and/or negligent act or occurrence, omission, or commission of the other, its agents , or employees, arising out of this contract or the work which is the subject hereof. 17 . Jurisdiction . This agreement is governed by and construed in accordance with the laws of the State of Florida. 18 . Entire Agreement. This document incorporates and includes all prior negotiations , correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments , agreements or understandings concerning the subject matter of this agreement that are not contained in this document . Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity wherewith. 19 . Notices . Any or all notices (except invoices) given or received under this agreement shall be in writing and either personally delivered with receipt acknowledgement or sent by certified mail, return receipt requested . All notices delivered shall be sent to the following addresses : If to the COUNTY : Indian River County Community Development Director 1840 25th Street Vero Beach, Florida 32960-3365 Attn : Bob Keating, Director Page 4 of 5 F :\Community Development\Users\LONG RANGE\CompPlan\Public Schools\Memo of Understanding\Final Concurrency MOU.doc i If to the SCHOOL DISTRICT : School District of Indian River County 1990 25th Street Vero Beach, Florida 32960 Attn : Dr. Dan McIntyre, Assistant Superintendent for Operations IN WITNESS WHEREOF, the SCHOOL DISTRICT has caused this Interlocal Agreement to be executed in its behalf this Lt L day of � e rn0tiV; 2005 by the School DISTRICT and the County has executed this agreement through its Chairman of the Board of County Commissioners, this 15th date of November , 2005 . This agreement shall become effective upon filing with the Clerk of the Circuit Court of Indian River County. All actions taken by the parties consistent with this agreement prior to its effective date are hereby ratified . SCHOOL DISTRICT OF INDIAN RIVER COUNTY INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS 41 ^-' Bil Hughes , Chairperso Thomas S . Lowther, Chairman Witnessed by: Approved by BCC November 15 , 2005 Attest : Jeffrey K. Barton, Clerk of Circuit Cci10 . ♦ 'e.� 4N't n it By: Aft�z County Attorney Deputy Clerk Y (Approved as to Form and Legal Sufficiency) <t � • J seph A . Bhird, County Administrator Page 5 of 5 FACommunity Development\Users\LONG RANGE\CompPlan\Public Schools\Memo of Understanding\Final Concurrency MOU.doc