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HomeMy WebLinkAbout2026-106A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK AGREEMENT BETWEEN THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE SCHOOL BOARD OF INDIAN RIVER COUNTY, FLORIDA THIS AGREEMENT is made and entered into between the SCHOOL BOARD OF INDIAN RIVER COUNTY, FLORIDA (also known as SDIRC), hereinafter referred to as the "SCHOOL BOARD," and the INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS, hereinafter referred to as the "COUNTY." WHEREAS, both parties recognize the importance and mutual desire to have the SCHOOL BOARD make available certain SCHOOL BOARD facilities for the temporary storage of emergency supplies. IT IS MUTUALLY AGREED that this Agreement sets forth the terms and conditions under which the SCHOOL BOARD will, upon request and subject to availability, permit the COUNTY to utilize designated SCHOOL BOARD facilities for the temporary storage and staging of emergency supplies during times of declared or anticipated emergencies. 1. General. This Agreement is entered into pursuant to Section 163.01, Florida Statutes, Florida Interlocal Cooperation Act. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and the Agreement shall supersede all previous communications, representations, or agreements either verbal or written between the parties 2. Purpose and Intent. It is the intent of this Agreement to establish a cooperative framework between the SCHOOL BOARD and COUNTY to support community preparedness and response efforts during an emergency. Specifically, this Agreement outlines the terms under which designated SCHOOL BOARD facilities may be used by the COUNTY for the temporary storage and staging of emergency supplies in anticipation of, during, and following a declared or local emergency. Such use shall be subject to the SCHOOL BOARD's discretion, with priority of use at a specific facility given to the safety and welfare of students and school operations. The intent of this Agreement is to enhance the COUNTY's logistical readiness and ensure efficient deployment of critical resources by leveraging available infrastructure within the SCHOOL BOARD. This collaboration is grounded in the principles of mutual aid and intergovernmental cooperation, as authorized under Section 163.01, Florida Statutes, known as the Florida Interlocal Cooperation Act of 1969. Through this Agreement, the parties affirm their commitment to the safety and welfare of Indian River County residents by maximizing the use of public assets in times of crisis. 3. COUNTY Responsibilities. The COUNTY agrees to the following: A. The COUNTY shall be responsible for requesting and coordinating the use of SCHOOL BOARD facilities solely for the temporary storage and staging of emergency supplies. Such use shall A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK be limited to periods of declared or local emergencies, or in anticipation of a potential emergency as determined by either state, local, or federal authorities. B. Use of SCHOOL BOARD facilities under this Agreement shall be confined to purposes directly related to emergency management operations, including, but not limited to, the receipt, organization, and distribution of critical resources such as food, water, medical supplies, and other disaster response materials that will support community mass care needs and emergency shelter operations. C. The COUNTY shall designate a Project Manager for this Agreement, who will act as the point of contact for the COUNTY. 4. SCHOOL BOARD Responsibilities. The SCHOOL BOARD agrees to: A. Allow the COUNTY to use designated SCHOOL BOARD facilities, subject to availability, for the temporary storage and staging of emergency supplies during a declared or local emergency, or in anticipation of such an event. Such use shall be subject to the SCHOOL BOARD's discretion, with priority of use at a specific facility given to the safety and welfare of students and school operations. B. Work collaboratively with the COUNTY to identify appropriate facilities and facilitate access sixty (60) days prior to hurricane season in support emergency operations. C. Make reasonable efforts to ensure that any facility identified for use is in a condition suitable for the safe receipt and temporary storage of emergency materials, to the extent such efforts do not interfere with essential school or District operations. D. Designate a SCHOOL BOARD representative to serve as liaison with the COUNTY for the purposes of coordinating access and addressing any facility -related issues during the period of use. 5. Term and Termination. This Agreement shall become effective upon the date of the last signature by the parties and shall remain in effect for five (5) years, unless either party requests to terminate the Agreement. Either the SCHOOL BOARD or the COUNTY may terminate this Agreement, with or without cause, by providing written notice at sixty (60) days in advance to the other party. However, termination shall not take effect during the period of June 1 through November 30 (Hurricane Season) or during any COUNTY -declared state of emergency. In such cases, any notice of termination shall be held in abeyance, and the Agreement shall remain in full force and effect until the conclusion of the Hurricane Season or the termination of the declared emergency, whichever is later. 6. Damages. Except for normal wear and tear, the COUNTY shall repair any damage that arises to the SCHOOL BOARD facilities that may arise from the COUNTY's intended use. The COUNTY shall provide the SCHOOL BOARD contact prior notice of any such repairs except in the event of an emergency requiring immediate repair. Any repairs are subject to the approval by the A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK Superintendent or designee. The COUNTY shall notify the SCHOOL BOARD contact promptly of any possible damage or wear issues as soon as possible. 7. Cleaning. The SCHOOL BOARD reserves the right to charge a cleaning fee. This cleaning fee shall not be charged if the facilities are returned in a clean condition, as determined by the SCHOOL BOARD. 8. Liability for Damage or Injury. The SCHOOL BOARD shall not be liable for any damage or injury which may be sustained by any party or persons in the facilities or portions of facilities while same are in the COUNTY's possession, other than to the extent the damage or injury is caused by the negligence or misconduct of the SCHOOL BOARD. 9. Amendments. No amendment, modification, or waiver of this Agreement, or any part, hereof, shall be valid or effective unless in writing and signed, and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other condition or subsequent breach whether of a like or different nature. 10. Governing Law. This Agreement and the rights of the parties shall be governed and construed in accordance with the laws of the State of Florida. 11. Indemnification. Subject to the provisions and only within the limitations of Section 768.28, Florida Statutes, and without waiving sovereign immunity, the parties recognize their respective liability for injury or death caused by the negligent or wrongful act or omission of any employee acting with the scope of the employee's office or employment. It is expressly understood that this provision shall not be construed as: (a) a waiver of any right, defense, or immunity that the parties have under Section 768.28, Florida Statutes, or any other statute, (b) an agreement by either party hereto to indemnify the other; or (c) consent by either party to be sued by third parties. Each party covenants to maintain sufficient general liability and workers' compensation coverage, unless self- insured, regarding its respective liability, throughout the term of this Agreement. 12. Insurance. The parties warrant that they are each self-insured and agree to maintain general liability insurance as required by law. The parties further agree to provide each other with a copy of said insurance certificates. 13. Notices. Any notice, payment, or communication required or permitted to be given by any provision of this Agreement shall be in writing and shall be deemed to have been delivered and given for all purposes, whether or not the same is actually received, if sent by registered or certified mail, postage and charges prepaid, and addressed to the parties at the following addresses: As to School Board: Dr. David Moore Superintendent of Schools 6500 57th Street Vero Beach, FL 32967 As to COUNTY: John Titkanich County Administrator Indian River County BOCC 180127 1h Street Vero Beach, FL 32960 STATE OF FLORIDA INDIAN RIVER COUNTY TMISI CERTIFYTHATT SI SA TRUE AND CORRECT COP OF NE ORI '4 L ON KI IN OFFICE R JI BY With Copy To: DATEQ ' ��' Indian River County School Board Attorney 6500 57th Street Vero Beach, FL 32967 or to such other address as the parties may from time to time specify in writing. Any such notice may at any time be waived by the person entitled to receipt of such notice. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be signed in their respective names by their proper officials and under seals this 16th day of June ATTEST: By: Witness ATTEST: Superintendent INDIAN RIVER COUNTY BOAR40F IUN COMMISSIONERS By: APPROVED AS By. f Chri Hicks, County Attorney f SCHOOL D OF INDIAN RIVER COUNTY, FLORIDA 131t. �L RM AND CORRECTNESS: Chair APPROVED AS TO FORM AND CORRECTNESS: By: Q . hool Board Attorney Attest Ryan L. Butler, Clerk of Circuit Court and Comptroller Deputy Cork