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Agenda 04/10/2012 Item #16F14/10/2012 Item 16.F.1. EXECUTIVE SUMMARY Recommendation to approve the Memorandum of Understanding between Collier County and Emmanuel Lutheran Church in support of Emergency Management activities related to natural and manmade hazards emergency response. OBJECTIVE: To obtain approval of a Memorandum of Understanding between Collier County and Emmanuel Lutheran Church in support of Emergency Management activities related to natural and manmade hazards emergency response. CONSIDERATIONS: Pursuant to Chapter 252, Florida Statutes, Collier County, through its Emergency Management Department, provides coordination of emergency services within Collier County. Collier County also coordinates the administration of relief activities of both public and private relief /disaster organizations that agree to volunteer their services under direction or guidance of Collier County authorities. Collier County may also utilize personnel and facilities of relief /disaster assistance of organizations, Churches, Temples, Synagogues for the distribution of food, water, supplies, and /or other items for temporary relief activities. The purpose of the Memorandum of Understanding is to set forth, define, and establish mutual agreements, understandings, guidelines, and obligations between Collier County and Emmanuel Lutheran Church to coordinate relief efforts at the time of a disaster. GROWTH MANAGEMENT: There is no growth management impact associated with this executive summary. LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote for Board action. -JBW FISCAL IMPACT: There is no Fiscal Impact associated with this Executive Summary. RECOMMENDATIONS: That the Board of County Commissioners approves the MOU between Collier County and its Emergency Management Department and Emmanuel Lutheran Church which has volunteered to partner with Emergency Management during both Presidentially declared and undeclared disasters. Prepared by: Judy Scribner, Human Services Program Manager, Emergency Management Department Packet Page -1399- 1 4/10/2012 Item 16.F.1. COLLIER COUNTY Board of County Commissioners Item Number: 16.F.1. Item Summary: Recommgndation to approve the Memorandum of Understanding between Collier County and Emmanuel Lutheran Church in support of Emergency Management activities related to natural and manmade hazards emergency response. Meeting Date: 4/10/2012 Prepared By Name: BoniChristine Title: Administrative Assistant, Senior, 3/19/2012 4:03:07 PM Submitted by Title: Administrative Assistant, Senior, Name: BoniChristine 3/19/2012 4:03:09 PM Approved By Name: SummersDan Title: Director - Bureau of Emergency Services, Date: 3/19/2012 6:50:50 PM Name: WhiteJennifer Title: Assistant County Attorney,County Attorney Date: 3/21/2012 10:12:58 AM Name: PryorCheryl Title: Management/ Budget Analyst, Senior,Office of Management & Budget Date: 3/27/2012 8:46:25 AM Name: KlatzkowJeff Title: County Attorney Date: 3/29/2012 4:18:14 PM Packet Page -1400- 4/10/2012 Item 16.F.I. Name: SheffieldMichael Title: Manager- Business Operations, CMO Date: 3/30/2012 12:18:48 PM Packet Page -1401- 4/10/2012 Item 16.F.1. Memorandum of Understanding Between Collier County Board of Commissioners And Emmanuel Lutheran Church I: Purpose: The purpose of this Memorandum of Understanding (MOU) is to set forth, define and establish mutual agreements, understandings, and obligations by and between the Collier County Board of County Commissioners, through its Emergency Management Department, and Emmanuel Lutheran Church. II: Statement of Basic Responsibilities: A. Collier County Board of County Commissioners, through its Emergency Management Department, provides coordination of emergency services with Collier County, including incorporated areas. This includes the selection and utilization of various resources and organizations capable of rendering assistance. i Under Chapter 252, Florida Statutes, the Board of County Commissioners, through its Emergency Management Department, also coordinates the. administration of relief activities of both public and private relief or disaster assistance organizations which agree to volunteer their services under the direction or guidance of Collier County authorities. In addition, Collier County may utilize personnel and facilities of relief or disaster assistance organizations, churches, temples and synagogues in the distribution of food, relief supplies, medicines or other items and temporary sheltering as part of the restoration, rehabilitation or reconstruction of community services and essential facilities whenever Collier County authorities deem it necessary and the Organization signed below is in agreement. B. Recognizing the increased demand for churches, temples, and synagogues to supplement assistance and recovery to victims of both Presidentially declared or undeclared disasters and the need to work in harmony with local governments and private relief agencies, the Emmanuel Lutheran Church wishes to assist in ' rendering the most efficient service with a minimum of duplication to the citizens and guests of Collier County. III: Coordination of Effort: Cooperation and coordination between Collier County Government, through its Emergency Management Department and Emmanuel Lutheran Church at a time of major disaster and during the post - disaster recovery period should be maintained at efficient levels and is part of the purpose of this Agreement. Emmanuel Lutheran Church will make a continuing effort to acquaint its members of this Agreement to assist Collier County government in carrying out mutual responsibilities for disaster relief. IV: Responsibilities: A. Collier County Emergency Management Department agrees to the following: Packet Page -1402- C. 4/10/2012 Item 161.1. 1. Notify Emmanuel Lutheran Church of the potential need to assist in activities following a disaster, and 2. Participate in and develop training in disaster response for the members of Emmanuel Lutheran Church and 3. Assist in the development plans for Emmanuel Lutheran Churchi and 4. Schedule periodic meetings and/or exercises to familiarize members of disaster preparedness or recovery initiatives; and 5. Utilize, when and as appropriate, the services of Emmanuel Lutheran Church for disaster relief and recovery projects; and 6. Whenever members of Emmanuel Lutheran Church are rendering aid to Collier County Government under this Agreement, they shall have the same powers, duties, rights, privileges and immunities as if they were performing their duties for Collier County, and Collier County shall be liable for their acts and actions as if they were performing their duties for Collier County; and 7. Collier County shall be liable for any loss or damages to any facility or equipment utilized pursuant to this Agreement and shall pay any expenses in the repair thereof; and 8. Collier County agrees to be responsible, to the extent provided under Florida Statues 768.28, for its negligent acts, however, this responsibility shall not serve as a waiver of Collier County's Sovereign Immunity limits. Emmanuel Lutheran Church agrees to: 1. Provide facilities and/or staff to Collier County at no charge during the disaster recovery period; and 2. Provide a 24 hour contact person and alternates; and 3. Provide a representative to attend periodic meetings of any Collier Emergency Response Working Group; and 4. Participate in exercises developed by the Emergency Management Department; and 5. Provide the Emergency Management Department with an update of facility and manpower capabilities at least annually prior to June of each year. Both of the above named parties agreed to the following: 1. No modifications or changes will be made to the facility /property by the Collier County Representative without the express written approval of the owner /operator. 2. Prior to occupancy, representatives of both parties will inspect the facility /property and will note any discrepancies on the inspection form, and/or this agreement. 3. Prior to occupancy, representatives of both parties will again inspect the facility /property to note any discrepancies on the release form. Normal wear and tear is considered to the responsibility of the organization/owner /operator. 4. The facility /property will be returned to the organization/owner /operator in the same condition as it was when occupied/acquired. Packet Page -1403- I i i 1 i 2 5. Other provisions as follow:—none 4/10/2012 Item 16.17.1. V. Effective Date, Automatic Renewal, and Modification: This Agreement presents the general and some specific guidelines by which Collier County, through its Emergency Management Department and Emmanuel Lutheran Church will cooperate to aid victims at the time of disaster. In witness thereof, the parties have executed this agreement on the date indicated. The provisions of the Agreement will be effective from the date approved by the Board of County Commissioners for a period of three (3) years. At the end of the three year (3) period, this Agreement will automatically renew for an additional, term of one year unless terminated as provided in Paragraph VI of this Agreement. At the end of the one (1) year renewal period, this Agreement will renew for an additional term of one (1) year unless terminated as provided in Paragraph VI. of this Agreement. This Agreement may only be automatically renewed two times. Both parties have the authority to amend provisions of this Memorandum of Understanding upon mutual consent and by written instrument executed by the Parties. VI. Termination: Either party may terminate this Agreement by providing the other party with notice of its intent to terminate with 30 days written notice. The Agreement may be immediately and automatically terminated by the County without providing such notice, should the County reasonably believe that the spirit or intent of Chapter 252, Florida Statutes is not being effectuated by this Agreement. AS TO COUNTY: Attest: DWIGHT E. BROCK, Clerk By: Deputy Clerk WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF COLLIER BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Fred Coyle, Chairman Emmanuel Lutheran Church Name: y �' Title: - -� - The foreong instrument was ackn wiled ed before plie this da of 2012,E by as of + — a He /She is IN pe &Ily known to me, or [ ] has pro ver's license no. as identificatio . Approved as to form & legal Sutficlency Assistant County Attorney Packet Page -1404- (SEAL), Approved as to form and legal sufficiency: Jennifer to Assistant County Attorney 4/10/2012 Item 16.F.1. W COWMSSM # DD 951302 EXPIRES: Febmety 22, 2014 ' Banded ThM Notary PUW Undo ftM Name: (Type or Print) My Commission Expires: Packet Page -1405- 4