Agenda 03/27/2018 Item #16E303/27/2018
EXECUTIVE SUMMARY
Recommendation to extend the term of the Interlocal Agreement between Collier County and the
City of Everglades City, relating to damage caused by Hurricane Irma, to September 30, 2018.
OBJECTIVE: To continue providing assistance to Everglades city in support of their recovery efforts
from the effects of Hurricane Irma.
CONSIDERATIONS: At its September 26, 2017 regular meeting, the Board of County Commissioners
(Board) entered into an Interlocal Agreement with the City of Everglade s City, for the County to provide
assistance, manpower and funding to the City of Everglades City in response to the extensive damage
within and to the City caused by Hurricane Irma. This Interlocal Agreement is scheduled to expire on
March 31, 2018.
The Mayor of Everglades City requested an extension of this agreement and staff believes it to be in the
mutual best interests of the County to grant the request. The proposed Extension of the current Interlocal
Agreement will extend the expiration date to September 30, 2018.
FISCAL IMPACT: Following the conclusion of the recovery efforts, the County will provide the City
with a detailed invoice outlining all actual costs incurred by the County, including staff time, starting
from the commencement of the recovery on or about September 11, 2017. The City will repay the
County, without interest, when the City is able to do so. There is no deadline on when payments must
begin.
GROWTH MANAGEMENT IMPACT: There are no Growth Management Impacts associated with
this Executive Summary.
LEGAL CONSIDERATIONS: The proposed Extension of the Interlocal Agreement was drafted by the
County Attorney and approved as to form and legality. A majority vote of the Board is required for
approval. JAK
RECOMMENDATION: To approve an Extension of Interlocal Agreement between Collier County and
the City of Everglades City to September 30, 2018.
Prepared by: Dan E. Summers, Director, Bureau of Emergency Services
ATTACHMENT(S)
1. 2018 Extension of Interlocal Agreement EGC (PDF)
2. 9 26 17 Interlocal Agreement EGC (PDF)
16.E.3
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03/27/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.3
Doc ID: 5060
Item Summary: Recommendation to extend the term of the Interlocal Agreement between Collier
County and the City of Everglades City, relating to damage caused by Hurricane Irma, to September 30,
2018.
Meeting Date: 03/27/2018
Prepared by:
Title: Executive Secretary – Emergency Management
Name: Kathy Heinrichsberg
03/08/2018 10:24 AM
Submitted by:
Title: Division Director - Bureau of Emer Svc – Emergency Management
Name: Daniel Summers
03/08/2018 10:24 AM
Approved By:
Review:
Emergency Management Daniel Summers Additional Reviewer Completed 03/08/2018 10:41 AM
Administrative Services Department Paula Brethauer Level 1 Division Reviewer Completed 03/08/2018 3:35 PM
Administrative Services Department Len Price Level 2 Division Administrator Review Completed 03/12/2018 1:13 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/12/2018 2:12 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/12/2018 4:41 PM
Office of Management and Budget Laura Wells Additional Reviewer Completed 03/14/2018 9:04 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/19/2018 9:28 AM
Board of County Commissioners MaryJo Brock Meeting Pending 03/27/2018 9:00 AM
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EXTENSION OF INTERL(rcAL AGREEMENT
This EXTENSION OF INTERLOCAL AGREEMENT, is made and entered into on
20l8,by and betrreen the City of Evergladcs City and the Board of Comty
Commissioners of Collier Comty, Florida (together referred to as "Parties").
WHEREAS, on September 26,2017,the Parties entered into an Interlocal Agreement for
the purpose ofthe County providing assistance, uranpower and frmding to the City of Everglades
Clty in respome to the exteirsive damage within and to the City caused by Hurricane hrta. A
copy of the Interlocal Agreement is attached hercto and incorporated herein by reference; and
WHEREAS, unless reirewed by the Parties, the Interlocal Agreeinent will expire on
March 31,2018; and
WHEREAS, the Parties wish to extend the term of the Interlocal Agreernent to
September 30,2018.
NOW TIIEREFORE, in consideration of the mutual promises in this E:rtension of
Interlocal Agreeinent, and for other good and valuable consideration, the rcceip and sufficiency
of which are acknowledged by the Parties, it is agreed as follows:
l. The term of the Septernber 26,2017Interlocal Agreement is hereby extended to
September 30,2018.
2. Except as stated hereiq all other terms and conditions of the September 26,2017
Interlocal Agreement shail remain in full forpe and effect.
IN WITNESS WHEREOF, the Parties hercto have caused this Extension of Interlocal
Agreement to be executed by their sppropriate ofEcials, as of the date first above unitten.
Re,mainder of Page Intentionally kft Blank
SigDatrre Pag{s) to follow
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Packet Pg. 1505 Attachment: 2018 Extension of Interlocal Agreement EGC (5060 : EGC ILA Extension)
IN WITNESS WHEREOF, the Parties hereto authorize this Extension to Interlocat
Agreement and affix their hand and seal this _ day of . 2018, by the City Council
Board of Cormty Commissioners.
By:By:
ATTEST:
DWTGHT E. BROCTq CLERK
, Deputy Cled(
By:
Dottie Joiner, City Cle*
City of Everglades City
Approved as to form and legal sufficie,lrcy
for the City:
City Attorney for the
City of Everglad€s City
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORJDA
Al.lDY SOLIS, CHAIRI,IAN
CITY OF EVERGLADES CTTY
HOWELL GRIMM, JR., MAYOR
By:
by:
ATTEST:
2
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Packet Pg. 1506 Attachment: 2018 Extension of Interlocal Agreement EGC (5060 : EGC ILA Extension)
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INTERLOCAL AGREEMENT
By and Between the City of Everglades City and Collier County
Relating to Disaster Recovery from Hurricane lrma
This Interlocal Agreanent, dated this 26th day of September, 2017, (the'Effective
Date") is by and between the Board of County Commissioners of Collier County, Florida,
and rhe City of Everglades City for the purpose of the County providing assistance,
manpower and funding to the City of Everglades City in response to the extensive
damage within and to the City caused by Hunicane lrma. This Agreement is entered into
pursuant to the provisions of the Florida Interlocal Cooperation Act of 1969, set forth in
section 163.01, et sec!., Florida Statutes, and is further authorized pursuant to the panies'
respective home rule poweru granted by the Florida Constitution.
RECITALS
WHEREAS, in anticipation of Hurricane lrma's approach to Florida. the Governor
of the State of Florida through Executive Order 17-235 declared a State of Emergency on
September 4,20171' Collier County declared a State of Emergency on September 6, 2017:
and the City of Evergladcs City declared a State of Emergency on September 5, 2017; and
WHEREAS, on September 10, 2017, Hurricane lrma struck the City of
Everglades City, causing substantial damage and devastation to the City, its property and
infrastructure: and its property omers and residents, and their property; and
WHEREAS, the City. by and through its mayor, previously has requested the
County to assist the City in its recovery efforts t'rom Hurricane lrma, which the County
has been doing; and
WHEREAS, the Collier County Board of County Commissioners has reviewed
the City's request, and hereby makes a finding that there was and is a valid public
purpose in assising the City, is property owners and its rcsidents in rccovery efforts from
this natural disaster, in order to provide for and protert the public health, safety and
welfare.
AGREEMENT
NOW, THEREFORE. in consideration of the premises and the mutual covenants
herein contained, the parties agrce as follows:
L Recitals. The parties acknowledge that all of the Recitals set forth above are
true and correct and arc hercby expressly incorporated and made a part of this Agreement.
2. Services provided bv the Count)'. The Board of County Commissioners hereby
ratifies all actions taken by Counry staffand personnel in providing aid and assistance to
the City. including but not limited to technical services and the procurement of materials
I
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Packet Pg. 1507 Attachment: 9 26 17 Interlocal Agreement EGC (5060 : EGC ILA Extension)
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and services. As soon as possible, the County will further provide both financial
assistance and technical services to the City as requested by the City in writing and as
agreed upon by the parties to assist the City in its recovery. It is currently tmknown as to
tlie extent of the financial assistance and services needed by the City and exigent
circumstance require the ability to immediately addrcss issues that aftbct public health.
safety and welfare. Accordingly, the Board of County Commissioners hereby delegates
to the County Manager the authority, providing the County Manager's actions are in
compliance with and in conformance with the Count/s Procurcment Ordinance and
Proctuement Manual, to approve contracts or agreements of less than $50,000. and
hereby authorizes the County Manager to make any and all staffrng decisions related to
providing technical assistance to the City. All contracts, agreements and expenditures in
excess of $50,000 must first be approved by the Board in compliance with the County's
Procurement Ordinance and Procurement Manual. The County Manager will provide the
Board with an ongoing detailed itemized report of all contracts, agreements and
expenditures made, as well as a report outlining stall time and etTorts related to the
rccovery.
3. Reoayment by the Citv. Following the conclusion of the recovery efforts, the
County will provide the City with a detailed invoice outlining all actual costs incurred by
the County, including staff time. starting from the commencement of the recovery on or
about September 11. 2017, The City will repay the County, without interest, if and when
the City is able to do so. There is no deadline on when payments must begin.
4. Term and Option to Terminate for Convenience. The term of this Agreement
shatl commence upon the Effective Date and shall expire March 31,2018, unless renewed
by both parties. At any time during the Term of this Agxeement, either party may terminate
rhis Agreement for convenience and without cause, upon giving thirty (30) days'written
notice to the other party. Any obligations of either party accruing during the term of this
Agreement shall survive such termination.
5. tndemnification. To the extent authorized and permitted by law and without
waiver of the right of the City to claim immunity under Section768.28, Florida Statutes,
and without extending or altering the Cit/s liability beyond the limits established in
Section 768.28, Florida Statutes (see Attorney General's Opinion 2000-22, AGO 99-56),
the City agrees the City shall indemniff, defend and hold harmless the County, its
offrcers, agents. and employees, from and against any and all actions, in law or in equity,
from liability or claims for damages, injuries, losses, and expenses including reasonable
attorney's fees, to any person or property which may rcsult now or in the futurc from
County's efforts in providing this assistance to the City under this Agreement, excepting
only the negligence or willful misconduct of the County, its officers, agents, and
employees. In det'ending the County from any indemnified claim, the City shall not senle
any such claim without first receiving the consent of the County, such consent not to be
unreasonably withheld or delayed. The County shall also have the right to participate in
its own defense against any indemnified claim with counsel of their own choice, at its
own expense and at the County's option.
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Packet Pg. 1508 Attachment: 9 26 17 Interlocal Agreement EGC (5060 : EGC ILA Extension)
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6. Governine Law. Dispute Resolution and Severability. This Agreement shall be
govenred by and conslrued under the laws of the State of Florida. In the event of any
dispute under this Agreement, the parties shall attempt to resolve such dispute first by
non-binding mediation, with each party paying equal costs for the mediation, prior to
commencing any formal action or procedure. In the event any part of this Agrcement is
determined to be unenforceable by a court of competent jurisdiction, said ruling shall not
invalidate the remaining parts of the Agreement.
7. Amendment and Assisnment. This Agreement can only be amended, assigned,
or extended by mutual written consent of the parties hereto with the same formalities as it
was executed.
8. Notice. All notices and other communications required hereunder shall be in
writing and shall be sent by certified mail, return rcceipt rcquested, or by a nationally
recogrrized overnight delivery service, and addressed as follows:
To the County:
Collier County Manager's Office
3299 Tamiami TrailEast, Suite 202
Naples, FL 34112-5746
Phone: Q39)252-8383
To the City:
City Clerk's Office
102 Copeland Ave. North
Everglades City, FL 34139
Phone: (239) 695-3781
9. Merger and Intecration Clause. This Agreement constitutes the entire
agreement between the parties with respect to the matters noted herein. All prior
representations, undertakings, and agreements by or between the parties hereto with
respect to the subject maner of this Agreement are merged into. and expressed in, this
Agreement, and any and all prior reprcsentations, undertakings, and agrements by and
between such parties with respect thereto, are hereby canceled.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their appropriate oflicials, as of the date first above written.
Remainder of Page Intentionally Left Blank.
Signature Pages to Follow
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Packet Pg. 1509 Attachment: 9 26 17 Interlocal Agreement EGC (5060 : EGC ILA Extension)
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IN WI'I.NESS WHEREOF, the parties hereto authorize this Agreement and aflix
their hand and seal this _ day of September, 201 7. by the City Council of the City of
Everglades City, and thisz $,^day of Septenrber. 2017, by the Collier County Board of
County Commissioners.
ATTEST:
Dwight E.'Brock. Clerk
sy, f[ i,LL
,lneliiro
and legality
Approved as to fbrm and legal sufliciency
for the City:
City Attorney for the City of Everglades Ciq'
Collier County Board of County
for the
h
-4'<i
CountVfttotneV
ATTEST: 1 City of Everglades City
City of Everglades City
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Packet Pg. 1510 Attachment: 9 26 17 Interlocal Agreement EGC (5060 : EGC ILA Extension)