Backup Documents 01/12/2010 Item #16F1
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 F 1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print Oil pink papr.=L Attach (0 original document. Original documents should be hand delivered to the Board Office. The completed routing slip i:Uld origlTl<ll
documents (:Ife to be tl.lfwarded to the Board Office only after th..: Buard has taken action on the Item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or inlormatioll needed If the document is already complete with the
exccotion of the Chairman's signature, draw a line through routino lines # I throUl!.h #4, complete the checklist, and forward to Sue Filson (line #5).
Route to Addressee( s) Office Initials Date
(List in routing order)
I.
-----------------------------------
2.
-----------------------------------
,
~.
-----------------------------------
4. CAC
-----------------------------------
5. Ian Mitchell. BCC Office Board of County Commissioners
Supervisor ,
i
6. Minutes and Records Clerk of Court's Officc
PRIMARY CONTACT INFORMATION
(Th~ primary contact is the hold~r of the original document pending lJCC approval. Normally thc primary contact is the person who created/prepared the executive
summary. Primary contact information is n~edcd in till: event onc oflhe addressecs ahove. including Sue Filson. nei:d to contact staff for additional or miSSing
inrormatipn All origil1al docurnellts needing the Bce Chairman's signature ,HC to hc dcliven:d 10 lhe [Jee olliee only aller the Bce has aetcd to approve lhe
Item)
Name of Primary Staff Judy Scribner _ l' /f!!~ e c.o..I/M.e Phone Number 252-3600
Contact w"" (l reo..J" .... r o.J,"// ,,0" c.Jt 'H.e ... <<.u:> .
Agenda Date Item was 1/12/10 Agenda Item Number 16FI
Approved by the BCC
Type of Document Memorandum of Understanding Number of Original Lf
Attached Documents Attached
I.
INSTRUCTIONS & CHECKLIST
Initia] the Yes column or mark "N/A" in the Not Applicable column. whichever is
appro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman. with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been rully executed b.y al] parties except the Bee
Cbairman and Clerk to the Board and possibly State Ollicials.)
All handwritten strike-through and revisions have been initialed by the County Attorney. s
Office and all other arties except the BeC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne 'otiated contract date whichever is app]icable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are ree uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mithchell in the BCC ollice within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tal]ahassee within a certain
time frame or the Bee's actions are nullified. Be aware ofyollr deadlines[
The doeument was approved hy the !lce on . 2. IG (enter date) and all ehanges
made during the meeting have been incorporated in the atta(,'hcd document. The
Count Attorne "s Office has reviewed tht' chan es, if a llicable.
U_'.LC.\.
'-\ c>'\"'~ rd.u,1Ul<::l
,j'
2.
3.
4.
5.
6.
Yes
(Initial)
N/A(Not
Ap licable)
C-k
c':Je
cjlc'
'..11\"
( N'-....
,'tv'
Ul-~
eM..
!: Forms/ County Forms/ Hee Forms/ Original [)ocuml:llls Routing Slip WV.,/S ()riginal 9.03.04. Revised 1.26.05. Revised 2.24.05, Revised 9. ]8.09
16Fl
MEMORANDUM
Date:
January 15, 2010
To:
Judy Scribner, Human Services Program Mgr.
Emergency Management Department
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Memorandum of Understanding between
Collier County and the District School Board of Collier County
Attached please find four (4) copies of each of the documents referenced above,
(Agenda Item #16Fl) approved by the Board of County Commissioners on Tuesday,
January 15, 2010.
Please forward a Fullv Executed Orh!:inal to the Minutes & Records Department
for the Board's official record.
If you should have any questions please call me at 252-7240.
Thank you.
Attachments (4)
16Fl
MEMORANDUM OF UNDERSTANDING
This MEMORANDUM OF UNDERSTANDING is made by and between the
Board of County Commissioners of Collier County, Florida, as the Governing
Body of Collier County and the District School Board of Collier County, as the
governing body for Immokalee Technical Center, hereinafter referred to as
(ITECH) as of this day of , 2010.
WHEREAS:
(A) The District School Board of Collier County is the owner of record
oflTECH located at 508 North 9th Street, Immokalee FL, 34142;
(B) Upon a "Twenty-Four Hours Verbal Notice" DISTRICT SCHOOL
BOARD OF COLLIER COUNTY has agreed to allow the Collier County
Emergency Management Department (EMD), a representative of the Board of
County Commissioners, and the representatives of Immokalee Recovery and
Coordination Center Team (IRCC) to enter upon and utilize the Northeast wing
of the ITECH Administrative offices including rooms 1-104, 1- 116, 1- 117, I-
118, herein after referred to as the Administrative Offices, in order to conduct
post-disaster activities from either natural or manmade occurrences.
NOW, THEREFORE, DISTRICT SCHOOL BOARD OF COLLIER COUNTY
hereby grants to EMD the right to occupy and utilize the Administrative Offices
under the terms of this Memorandum of Understanding "MOU" and under the
following conditions:
1. There will be no exchange of monetary compensation for this usage
until such time as a Federal Disaster Declaration is enacted.
2. EMD as well as EMD's assignees, agents, employees are permitted
non-exclusive use of the Property.
3. DISTRICT SCHOOL BOARD OF COLLIER COUNTY further agrees
that all rights and title to any alterations, additions and improvements
made to the Property during the term of occupation shall vest in District
School Board of Collier County upon installation, shall not be removed
and shall remain on the Property.
4. EMD shall not cause or allow any Lis Pendens, construction,
labor, mechanic's or materialman's lien to be filed against the Property,
the DISTRICT SCHOOL BOARD OF COLLIER COUNTY or the DISTRICT
SCHOOL BOARD OF COLLIER COUNTY's real or personal property. In
the event of the filing of any lien, or any other charge whatsoever against
the Property, the SWFWBD or its property, EMD shall immediately take
all necessary action to secure the release of same and shall provide, at
EMD's expense, all bonds, security or undertakings to accomplish the
release of such liens. EMD agrees to indemnify and hold the DISTRICT
SCHOOL BOARD OF COLLIER COUNTY harmless from all liability,
Page 1 of 4
, , ,,, 11
~J: 0 !./... _
I
damages associated with this provision, expense and costs including
reasonable attorney's fees.
5. DISTRICT SCHOOL BOARD OF COLLIER COUNTY is under no
obligation to provide security to the Property. EMD may, at its sole
expense, employ security personnel or maintain alarm systems.
6. EMD shall pay for all utilities with respect to the Property or the
occupancy thereof, including without limitation, all costs of electric,
water, sewer, trash pick up, refuse removal, telephone and other services
for the term of occupancy. EMD shall have the privilege, at its expense,
to access the water, storm water management, electrical, and phone
utility service facilities during the term of occupancy. Should EMD
operations require additional service facilities, EMD shall, at its expense,
extend such facilities to the Property and pay the cost for all labor and
materials. DISTRICT SCHOOL BOARD OF COLLIER COUNTY's
obligation under this provision shall be limited to the facilities presently
constructed as of the effective date of this MOU.
7. EMD agrees that it will not allow any signs, cards or placards to be
posted or placed on the Property except signs acceptable to the DISTRICT
SCHOOL BOARD OF COLLIER COUNTY. All signs shall be approved in
advance by the DISTRICT SCHOOL BOARD OF COLLIER COUNTY, and
shall conform with all ordinances of Collier County and shall not extend
above or beyond the extension of the walls and ceilings of the buildings
constructed on the Property.
8. EMD shall not commit, not suffer to be committed, any waste on
the Property, including physical damage to the Property, either negligent,
intentional, or fail to repair and maintain the Property.
9. Throughout the term of occupancy, EMD shall keep and maintain,
at its own cost and expense, the Property and any improvements,
fIxtures, equipment, or landscaping thereon, in good order and repair.
EMD shall make all necessary repairs thereto, including, without
limitation, all structural and non-structural repairs, including repairs to
building interior, building exterior, paving, site improvements, fIxture,
facilities and equipment, and shall replace all broken glass. All painted
exterior surfaces and surfaces requiring treatment of any kind must be
maintained in good condition and must be repainted or treated when
reasonably required to preserve the structure and to maintain high
standards of appearance. In the event EMD fails to promptly undertake
and satisfy the obligations imposed herein within ninety (90) days of
written notice by DISTRICT SCHOOL BOARD OF COLLIER COUNTY to
EMD, DISTRICT SCHOOL BOARD OF COLLIER COUNTY shall have the
right to affect such repairs and recover those costs and expenses from
EMD.
10. EMD shall indemnify, defend and hold the District School Board of
Collier County harmless against any actions, claims or damages arising
Page 2 of 4
16F1
out of EMD's intentional or negligent acts or omissions in connection
with this agreement, and District School Board of Collier County shall
indemnify, defend and hold EMD harmless against any actions, claims,
or damages arising out of District School Board of Collier County's
intentional or negligent acts or omissions in connection with this
Agreement. The foregoing indemnification shall not constitute a waiver
of sovereign immunity beyond the limits set forth in Section 768.28,
Florida Statutes.
EMD Uses: The Administrative Offices will be occupied post Disaster by a
collective team of government employees and volunteers with the express
purpose of conducting coordination and recovery activities post Event. The
designated name of this team is the Immokalee Recovery and Coordination
Center (IRCC) and their primary purpose is to collect real time data on
Immokalee recovery needs and ensure that the information is forwarded to the
Collier County Emergency Operations Center. In addition, the team will be
joined approximately 72 hours post Event by FEMA and SBA representatives.
This MOU may be revised as necessary by mutual consent of all parties by
issuance of a written amendment or revised MOU, signed and dated by all
parties.
Any party may terminate this Memorandum of Understanding by providing
sixty (60) days written notice. Unless terminated by written notice, this
Memorandum of Understanding will remain in force.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of
Understanding as of the last date written below.
This Memorandum of Understanding is signed by the parties this day
of , 2010.
THE SCHOOL DISTRICT OF COLLIER
COUNTY, FLORIDA
By:
p AT CARROLL, Chairperson
School Board Attorney Approval:
Attest:
DENNIS THOMPSON, Superintendent
By:
Jon Fishbane, Attorney
for the School District
Page 3 of 4
Date:~V)()aj'(~ \CS I '20~
ATTEST';' ^ ,'.
,.' '",.1", '.
DWI.CHfT. E. gR'<2~K, CLERK
'J:.'- !' . " .
'< . . , D$J'Ht
It":~.' ~,~~~,I'
. Appro~i ,.t@t: form and
Sufficiency:
legal
~~' ~'
- J\~\"~'--'--.,.
Jennife . WhIte
Assistant County Attorney
16F11
~
BOARD OF COUNTY COMMISSIONERS
OF COLLIER CqUNTY, FLORIDA
By:
Page 4 of 4
I.
-} ,/
~,'
, ,
DONNA FIALA, CHAIRMAN
16F 1
OFFICE OF DISTRICT GENERAL COUNSEL
THE DISTRICT SCHOOL BOARD OF COlliER COUNTY
5775 Osceola Trail
Naples, Florida 34109-0919
(239) 377-0499
(239) 377-0501 FAX
RECEIVED
'FEB 18 2010
February 15, 2010
Board of County COrnmlaIoners
Board of County Commissioners
Of Collier County, Florida
3301 Tamiami Trail East
Naples, Florida 34112
Re: Memorandum of Understanding
N
c....>
Dear Sir,
en
u::)
Enclosed please find an executed original of the Memorandum of Understanding for the Emergency
Management Department and the Immokalee Recovery and Coordination Center Team.
Should you have questions or need additional information, please call my office at (239)377-0503.
Enclosure As Noted
Respectfully,
L'i~J~
MiZ~rar
Manager of Contracted Services, Insurance
& Risk Management
COLLIER COUNTY CHARACTER EDUCATION TRAITS
Citizenship, Cooperation Honesty Kindness Patriotism Perseverance
Respect Responsibility Self-Control Tolerance
THE COLLIER COUNTY PUBLIC SCHOOL SYSTEM IS AN EQUAL ACCESS I EQUAL OPPORTUNITY INSTITUTION FOR EDUCATION AND EMPLOYMENT
.."
I.. _
~=> r-
-:~= ~r:
-;~ -i-
.-1--
~.. (-=
........ r'r-
_..t>,......
-j;
--1':'1"
o
:o=:-
7-!"~
;;-("'1'
111
16F 1
MEMORANDUM OF UNDERSTANDING
This MEMORANDUM OF UNDERSTANDING is made by and between the
Board of County Commissioners of Collier County, Florida, as the Governing
Body of Collier County and the District School Board of Collier County, as the
governing body for Immokalee Technical Center, hereinafter referred to as
(ITECH) as of this I d. ii\. day of rE.. ~R.. u. {\(G 1--' 2010.
WHEREAS:
(A) The District School Board of Collier County is the owner of record
of ITECH located at 508 North 9th Street, Immokalee FL, 34142;
(B) Upon a "Twenty-Four Hours Verbal Notice" DISTRICT SCHOOL
BOARD OF COLLIER COUNTY has agreed to allow the Collier County
Emergency Management Department (EMD), a representative of the Board of
County Commissioners, and the representatives of Immokalee Recovery and
Coordination Center Team (IRCe) to enter upon and utilize the Northeast wing
of the ITECH Administrative offices including rooms 1-104, 1-116, 1-11 7, 1-
118, herein after referred to as the Administrative Offices, in order to conduct
post-disaster activities from either natural or manmade occurrences.
NOW, THEREFORE, DISTRICT SCHOOL BOARD OF COLLIER COUNTY
hereby grants to EMD the right to occupy and utilize the Administrative Offices
under the terms of this Memorandum of Understanding "MOU" and under the
following conditions:
1. There will be no exchange of monetary compensation for this usage
until such time as a Federal Disaster Declaration is enacted.
2. EMD as well as EMD's assignees, agents, employees are permitted
non-exclusive use of the Property.
3. DISTRICT SCHOOL BOARD OF COLLIER COUNTY further agrees
that all rights and title to any alterations, additions and improvements
made to the Property during the term of occupation shall vest in District
School Board of Collier County upon installation, shall not be removed
and shall remain on the Property.
4. EMD shall not cause or allow any Lis Pendens, construction,
labor, mechanic's or materialman's lien to be filed against the Property,
the DISTRICT SCHOOL BOARD OF COLLIER COUNTY or the DISTRICT
SCHOOL BOARD OF COLLIER COUNTY's real or personal property. In
the event of the filing of any lien, or any other charge whatsoever against
the Property, the SWFWBD or its property, EMD shall immediately take
all necessary action to secure the release of same and shall provide, at
EMD's expense, all bonds, security or undertakings to accomplish the
release of such liens. EMD agrees to indemnify and hold the DISTRICT
SCHOOL BOARD OF COLLIER COUNTY harmless from all liability,
Page 1 of 4
16F 1
damages associated with this provlslon, expense and costs including
reasonable attorney's fees.
5. DISTRICT SCHOOL BOARD OF COLLIER COUNTY is under no
obligation to provide security to the Property. EMD may, at its sole
expense, employ security personnel or maintain alarm systems.
6. EMD shall pay for all utilities with respect to the Property or the
occupancy thereof, including without limitation, all costs of electric,
water, sewer, trash pick up, refuse removal, telephone and other services
for the term of occupancy. EMD shall have the privilege, at its expense,
to access the water, storm water management, electrical, and phone
utility service facilities during the term of occupancy. Should EMD
operations require additional service facilities, EMD shall, at its expense,
extend such facilities to the Property and pay the cost for all labor and
materials. DISTRICT SCHOOL BOARD OF COLLIER COUNTY's
obligation under this provision shall be limited to the facilities presently
constructed as of the effective date of this MOU.
7. EMD agrees that it will not allow any signs, cards or placards to be
posted or placed on the Property except signs acceptable to the DISTRICT
SCHOOL BOARD OF COLLIER COUNTY. All signs shall be approved in
advance by the DISTRICT SCHOOL BOARD OF COLLIER COUNTY, and
shall conform with all ordinances of Collier County and shall not extend
above or beyond the extension of the walls and ceilings of the buildings
constructed on the Property.
8. EMD shall not commit, not suffer to be committed, any waste on
the Property, including physical damage to the Property, either negligent,
intentional, or fail to repair and maintain the Property.
9. Throughout the term of occupancy, EMD shall keep and maintain,
at its own cost and expense, the Property and any improvements,
flXtures, equipment, or landscaping thereon, in good order and repair.
EMD shall make all necessary repairs thereto, including, without
limitation, all structural and non-structural repairs, including repairs to
building interior, building exterior, paving, site improvements, flXture,
facilities and equipment, and shall replace all broken glass. All painted
exterior surfaces and surfaces requiring treatment of any kind must be
maintained in good condition and must be repainted or treated when
reasonably required to preserve the structure and to maintain high
standards of appearance. In the event EMD fails to promptly undertake
and satisfy the obligations imposed herein within ninety (90) days of
written notice by DISTRICT SCHOOL BOARD OF COLLIER COUNTY to
EMD, DISTRICT SCHOOL BOARD OF COLLIER COUNTY shall have the
right to affect such repairs and recover those costs and expenses from
EMD.
10. EMD shall indemnify, defend and hold the District School Board of
Collier County harmless against any actions, claims or damages arising
Page 2 of 4
16F 1
out of EMD's intentional or negligent acts or omissions in connection
with this agreement, and District School Board of Collier County shall
indemnify, defend and hold EMD harmless against any actions, claims,
or damages arising out of District School Board of Collier County's
intentional or negligent acts or omissions in connection with this
Agreement. The foregoing indemnification shall not constitute a waiver
of sovereign immunity beyond the limits set forth in Section 768.28,
Florida Statutes.
EMD Uses: The Administrative Offices will be occupied post Disaster by a
collective team of government employees and volunteers with the express
purpose of conducting coordination and recovery activities post Event. The
designated name of this team is the Immokalee Recovery and Coordination
Center (IRCC) and their primary purpose is to collect real time data on
Immokalee recovery needs and ensure that the information is forwarded to the
Collier County Emergency Operations Center. In addition, the team will be
joined approximately 72 hours post Event by FEMA and SBA representatives.
This MOU may be revised as necessary by mutual consent of all parties by
issuance of a written amendment or revised MOU, signed and dated by all
parties.
Any party may terminate this Memorandum of Understanding by providing
sixty (60) days written notice. Unless terminated by written notice, this
Memorandum of Understanding will remain in force.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of
Understanding as of the last date written below.
This ~",orandum of Understanding is signed by the parties this 1 2. day
of ~. ,2010.
THE SCHOOL DISTRICT OF COLLIER
COUN~ORIDA
By: y~~ :?,~~
DENNIS THOMPSON, Superi~tendent
By:
r en Approval:
0\1\... ~
on Fishbane, Attorney
or the School District
~(1 \ 1-) :d:D \J)
Date:
Page 3 of 4
Date: --1nlklN'1IS 12.0ID
'.l,..ll' "t;,,_
","',...!\ 0 ,"~It ~,~ifl.
,.: -".;0 1,,\'//11," "
.,'. 't~'\ '\ . . . " . . . /~ 11
ATTEC~" ." .".. ,"
:.-' '- - ." ~~~.' .?~::;;....~.. ,.-."-,,,,;. ('\
, "qWl~t,~.,~~Q()K;.. C-pERK
~:. :-i. ~" :\ '.~~',! '/:"~:J ) :-~ :
"~ \"',?'
and
~~~~
Jennifer B. White
Assistant County Attorney
legal
16F 1
BOARD OF COUNTY COMMISSIONERS
OF COLLIER UNTY, FLORIDA
By: ~ d-d
DO A FIALA, CHAIRMAN
Page 4 of 4
. ~\rict Schoo}
t$ ~
~ · I
...--::'...~,
V::'::-_T~~J
~~
,~ ~
Collier C(ft1-O:
OFFICE OF DISTRICT GENERAL COUNSEL
THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY
5775 Osceola Trail
Naples, Florida 34109-0919
(239) 377-0499
(239) 377-0501 FAX
iMj.
CElCOpy
February 15, 2010
RECEIVED
'FEB 1 8 2010
Board of County Commissioners
Board of County Commissioners
Of Collier County, Florida
3301 Tamiami Trail East
Naples, Florida 34112
~.-,
c,:)
~:_)
c
..~:)C
-.....- -,-
-;':':: -i-
--I ~-:::.:::
-_.: ,
,........ r'f
_J>. r-
---I,
-=-I ':'1"
o
:0 --
7:r~
'.--IT
in
--'/
r'0c
Re: Memorandum of Understanding
c....>
~~
Dear Sir,
en
lD
Enclosed please find an executed original of the Memorandum of Understanding for the Emergency
Management Department and the Immokalee Recovery and Coordination Center Team.
Should you have questions or need additional information, please call my office at (239)377-0503.
Respectfully,
L~J~
MiZ~rar
Manager of Contracted Services, Insurance
& Risk Management
Enclosure As Noted
COLLIER COUNTY CHARACTER EDUCATION TRAITS
Citizenship, Cooperation Honesty
Respect ResponsibHfty
Kindness Patriotism Perseverance
Self-Control Tolerance
THE COLLIER COUNTY PUBLIC SCHOOL SYSTEM IS AN EQUAL ACCESS I EQUAL OPPORTUNITY INSTITUTION FOR EDUCATION AND EMPLOYMENT
16F 1
MEMORANDUM OF UNDERSTANDING
This MEMORANDUM OF UNDERSTANDING is made by and between the
Board of County Commissioners of Collier County, Florida, as the Governing
Body of Collier County and the District School Board of Collier County, as the
goveming body for Immokalee Technical Center, hereinafter referred to as
(ITECH) as of this i d-- itA- day of -RJs 'R. uAfl-V ,2010.
WHEREAS:
(A) The District School Board of Collier County is the owner of record
ofITECH located at 508 North 9th Street, Immokalee FL, 34142;
(B) Upon a "Twenty-Four Hours Verbal Notice" DISTRICT SCHOOL
BOARD OF COLLIER COUNTY has agreed to allow the Collier County
Emergency Management Department (EMD), a representative of the Board of
County Commissioners, and the representatives of Immokalee Recovery and
Coordination Center Team (IRCC) to enter upon and utilize the Northeast wing
of the ITECH Administrative offices including rooms 1-104, 1-116, 1-117, 1-
118, herein after referred to as the Administrative Offices, in order to conduct
post-disaster activities from either natural or manmade occurrences.
NOW, THEREFORE, DISTRICT SCHOOL BOARD OF COLLIER COUNTY
hereby grants to EMD the right to occupy and utilize the Administrative Offices
under the terms of this Memorandum of Understanding "MOU" and under the
following conditions:
1. There will be no exchange of monetary compensation for this usage
until such time as a Federal Disaster Declaration is enacted.
2. EMD as well as EMD's assignees, agents, employees are permitted
non-exclusive use of the Property.
3. DISTRICT SCHOOL BOARD OF COLLIER COUNTY further agrees
that all rights and title to any alterations, additions and improvements
made to the Property during the term of occupation shall vest in District
School Board of Collier County upon installation, shall not be removed
and shall remain on the Property.
4. EMD shall not cause or allow any Lis Pendens, construction,
labor, mechanic's or materialman's lien to be flied against the Property,
the DISTRICT SCHOOL BOARD OF COLLIER COUNTY or the DISTRICT
SCHOOL BOARD OF COLLIER COUNTY's real or personal property. In
the event of the filing of any lien, or any other charge whatsoever against
the Property, the SWFWBD or its property, EMD shall immediately take
all necessary action to secure the release of same and shall provide, at
EMD's expense, all bonds, security or undertakings to accomplish the
release of such liens. EMD agrees to indemnify and hold the DISTRICT
SCHOOL BOARD OF COLLIER COUNTY harmless from all liability,
Page 1 of4
16F I
damages associated with this provlslOn, expense and costs including
reasonable attorney's fees.
5. DISTRICT SCHOOL BOARD OF COLLIER COUNTY is under no
obligation to provide security to the Property. EMD may, at its sole
expense, employ security personnel or maintain alarm systems.
6. EMD shall pay for all utilities with respect to the Property or the
occupancy thereof, including without limitation, all costs of electric,
water, sewer, trash pick up, refuse removal, telephone and other services
for the term of occupancy. EMD shall have the privilege, at its expense,
to access the water, storm water management, electrical, and phone
utility service facilities during the term of occupancy. Should EMD
operations require additional service facilities, EMD shall, at its expense,
extend such facilities to the Property and pay the cost for all labor and
materials. DISTRICT SCHOOL BOARD OF COLLIER COUNTY's
obligation under this provision shall be limited to the facilities presently
constructed as of the effective date of this MOU.
7. EMD agrees that it will not allow any signs, cards or placards to be
posted or placed on the Property except signs acceptable to the DISTRICT
SCHOOL BOARD OF COLLIER COUNTY. All signs shall be approved in
advance by the DISTRICT SCHOOL BOARD OF COLLIER COUNTY, and
shall conform with all ordinances of Collier County and shall not extend
above or beyond the extension of the walls and ceilings of the buildings
constructed on the Property.
8. EMD shall not commit, not suffer to be committed, any waste on
the Property, including physical damage to the Property, either negligent,
intentional, or fail to repair and maintain the Property.
9. Throughout the term of occupancy, EMD shall keep and maintain,
at its own cost and expense, the Property and any improvements,
flXtures, equipment, or landscaping thereon, in good order and repair.
EMD shall make all necessary repairs thereto, including, without
limitation, all structural and non-structural repairs, including repairs to
building interior, building exterior, paving, site improvements, flXture,
facilities and equipment, and shall replace all broken glass. All painted
exterior surfaces and surfaces requiring treatment of any kind must be
maintained in good condition and must be repainted or treated when
reasonably required to preserve the structure and to maintain high
standards of appearance. In the event EMD fails to promptly undertake
and satisfy the obligations imposed herein within ninety (90) days of
written notice by DISTRICT SCHOOL BOARD OF COLLIER COUNTY to
EMD, DISTRICT SCHOOL BOARD OF COLLIER COUNTY shall have the
right to affect such repairs and recover those costs and expenses from
EMD.
10. EMD shall indemnify, defend and hold the District School Board of
Collier County harmless against any actions, claims or damages arising
Page 2 of4
16F 1
out of EMD's intentional or negligent acts or omissions in connection
with this agreement, and District School Board of Collier County shall
indemnify, defend and hold EMD harmless against any actions, claims,
or damages arising out of District School Board of Collier County's
intentional or negligent acts or omissions in connection with this
Agreement. The foregoing indemnification shall not constitute a waiver
of sovereign immunity beyond the limits set forth in Section 768.28,
Florida Statutes.
EMD Uses: The Administrative Offices will be occupied post Disaster by a
collective team of government employees and volunteers with the express
purpose of conducting coordination and recovery activities post Event. The
designated name of this team is the Immokalee Recovery and Coordination
Center (IRCC) and their primary purpose is to collect real time data on
Immokalee recovery needs and ensure that the information is forwarded to the
Collier County Emergency Operations Center. In addition, the team will be
joined approximately 72 hours post Event by FEMA and SBA representatives.
This MOU may be revised as necessary by mutual consent of all parties by
lssuance of a written amendment or revised MOU, signed and dated by all
parties.
Any party may terminate this Memorandum of Understanding by providing
sixty (60) days written notice. Unless terminated by written notice, this
Memorandum of Understanding will remain in force.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of
Understanding as of the last date written below.
This ~~orandum of Understanding is signed by the parties this 1 2. day
of ~. ,2010.
THE SCHOOL DISTRICT OF COLLIER
COUN~ORIDA
By: y~~ :? M~~
DENNIS THOMPSON, Superiritendent
r en Approval:
(J",,-- ~
on Fishbane, Attorney
for the School District
~Q.- \ '2-1 ) \') \J)
By:
Date:
Page 3 of 4
Date: --11') !kJN'1' S 12.0 I D
, .:/':.~~j~:;,'~~~,~:~'~i:";::~,: '.,
ATTgS~'.' .-. " '.
., ~~ \ ~'.<> "---~ - ~ ..:") ;
DWJG)It~.~~;RQGK;.> CtERK
~, ~ ~~ { ..+~.,;'." ~" ' : ~, ~
and legal
))DD~
Jennifer B. White
Assistant County Attorney
IbF 1
BOARD OF COUNTY COMMISSIONERS
OF COLLIER UNTY, FLORIDA
~.d~
By:
Page 4 of 4
A FIALA, CHAIRMAN