Backup Documents 09/25/2018 Item #16E 8 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting. ,��,� ID
**NEW** ROUTING SLIP 1-e_,CUr-ti l
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is alre omplete with the
exception of the Chairman's signature,draw a line through routing_lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office 31;K
16-3-16l
4. BCC Office Board of County
Commissioners 4.i / lo / '-t
5. Minutes and Records Clerk of Court's Office
n(kA iZI (9.5?pPok
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Kathy Heinrichsberg Phone Number 252-3622
Contact/ Department
Agenda Date Item was September,2018 Agenda Item Number j&
Approved by the BCC a5
Type of Document Extension Number of Original 3
Attached Documents Attached
PO number or account 001-144210
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? Aktr 'ec-
2. Does the document need to be sent to another agency for additional signatures? If yes, KH
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. 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 KH
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's KAY i\j!
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the KH
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's k
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip KH
should be provided to the County Attorney Office at the time the item is input into
MinuteTraq. Some documents are time sensitive and require forwarding to Tallahassee
within a certain time frame or the BCC's actions are nullified. Be aware of your
deadlines!
8. The document was approved by the BCC 918 and all changes made during the
meeting have been incorporated in the atta d document. The County Attorney's • « ,
Office has reviewed the changes,if applicable. I 1.4
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for t
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised .24.05;Revised 11/30/12
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SECOND EXTENSION OF INTERLOCAL AGREEMENT
This SECOND EXTENSION OF INTERLOCAL AGREEMENT, is made and entered
into on September 25,2018,by and between the City of Everglades City and the Board of County
Commissioners of Collier County, Florida(together referred to as"Parties").
WHEREAS,on September 26,2017,the Parties entered into an Interlocal Agreement 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 Hurricane Irma.
WHEREAS, through an Extension of Interlocal Agreement dated March 27, 2018, the
Parties extended the term of the Interlocal Agreement from March 31, 2018 to September 30,
2018. Copies of the Interlocal Agreement and the Extension of Interlocal Agreement are
attached hereto and incorporated herein by reference; and
WHEREAS, the Parties wish to further extend the term of the Interlocal Agreement to
March 31,2019.
NOW THEREFORE, in consideration of the mutual promises in this Second Extension
of Interlocal Agreement, and for other good and valuable consideration, the receipt and
sufficiency of which are acknowledged by the Parties, it is agreed as follows:
1. The term of the September 26, 2017 Interlocal Agreement is hereby extended to
March 31, 2019.
2. Except as stated herein, all other terms and conditions of the September 26, 2017
Interlocal Agreement shall remain in full force and effect.
N WITNESS WHEREOF, the Parties hereto have caused this Second Extension of
Interlocal Agreement to be executed by their appropriate officials, as of the date first above
written.
Remainder of Page Intentionally Left Blank
Signature Page(s)to follow
INSTR 5623058 OR 5561 PG 415
RECORDED 10/10/2018 1:52 PM PAGES 8
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$69.50
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ATTEST: CRYSTAL K. KINZEL, BOARD OF i TY CO I ,#. IONERS
CLERK COLLIER 'O ► Y,
By: FLO�.
i% BY: A
Attest as to G a m epTt ANDY SOLIS, CHAIRMAN
signature only.
Approve 1 as l• ?.rm and legality:
f
.14/x','' .
By: 11'r,._
Jeffre 'IA. atzkow
Coun A uu rney
ATTEST: CITY OF EVERGLADES CITY
IF«, i I 0
By. k- ` By: , n
Dottie Joiner, Clerk HO t� L —RI ' , or-OR
City of Everglades City
Approved as to form and legal sufficiency
for the City:
By: 4
Ai
Cipirrney fo 1 the
Ci of Everglad:. City
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INTERLOCAL AGREEMENT
By and Between the City of Everglades City and Collier County
Relating to Disaster Recovery from Hurricane Irma
This Interlocal Agreement,dated this 26th day of September. 2017, (the "Effective
Date") is by and between the Board of County Commissioners of Collier County, Florida,
and the 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 Hurricane Irma. This Agreement is entered into
pursuant to the provisions of the Florida Interlocal Cooperation Act of 1969, set forth in
section 163.01, et seq., Florida Statutes, and is further authorized pursuant to the parties'
respective home rule powers granted by the Florida Constitution.
RECITALS
WHEREAS,in anticipation of Hurricane Irma's approach to Florida.the Governor
of the State of Florida through Executive Order 17-235 declared a State of Emergency on
September 4,2017; Collier County declared a State of Emergency on September 6, 2017;
and the City of Everglades City declared a State of Emergency on September 5, 2017;and
WHEREAS, on September 10, 2017, Hurricane Irma struck the City of
Everglades City, causing substantial damage and devastation to the City, its property and
infrastructure; and its property owners 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 from Hurricane Irma, 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 assisting the City,its property owners and its residents in recovery efforts from
this natural disaster, in order to provide for and protect the public health, safety and
welfare.
AGREEMENT
NOW, THEREFORE. in consideration of the premises and the mutual covenants
herein contained,the parties agree as follows:
1. Recitals. The parties acknowledge that all of the Recitals set forth above are
true and correct and are hereby expressly incorporated and made a part of this Agreement.
2. Services provided by the County. The Board of County Commissioners hereby
ratifies all actions taken by County staff and personnel in providing aid and assistance to
the City. including but not limited to technical services and the procurement of materials
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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 unknown as to
the extent of the financial assistance and services needed by the City and exigent
circumstance require the ability to immediately address issues that affect 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 County's Procurement Ordinance and
Procurement Manual, to approve contracts or agreements of less than $50,000, and
hereby authorizes the County Manager to make any and all staffing 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 staff time and efforts related to the
recovery.
3. Repayment by the City. 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
shall commence upon the Effective Date and shall expire March 31,2018,unless renewed
by both parties. At any time during the Term of this Agreement,either party may terminate
this 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. Indemnification. To the extent authorized and permitted by law and without
waiver of the right of the City to claim immunity under Section 768.28, Florida Statutes,
and without extending or altering the City'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 indemnify, defend and hold harmless the County, its
officers,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 result now or in the future 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 defending the County from any indemnified claim,the City shall not settle
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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6. Governing Law, Dispute Resolution and Severability. This Agreement shall be
governed by and construed 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 Agreement 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 Assignment. 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 receipt requested, or by a nationally
recognized overnight delivery service,and addressed as follows:
To the County: To the City:
Collier County Manager's Office City Clerk's Office
3299 Tamiami Trail East,Suite 202 102 Copeland Ave. North
Naples, FL 34112-5746 Everglades City, FL 34139
Phone: (239)252-8383 Phone:(239)695-3781
9. Merger and Integration 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 matter of this Agreement are merged into. and expressed in, this
Agreement, and any and all prior representations, undertakings, and agreements 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 officials,as of the date first above written.
Remainder of Page Intentionally Left Blank.
Signature Pages to Follow
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IN WITNESS WHEREOF, the parties hereto authorize this Agreement and affix
their hand and seal this day of September, 2017,by the City Council of the City of
Everglades City, and this2L4c,day of September, 2017, by the Collier County Board of
County Commissioners.
ATTEST: Collier County Board of County
Dwight E. Brock,Clerk Commissi'n.
By: 1/4_x.1.x.4. - t � l7 L. . By: ///.4/L— �.
e uty Clerk Penny Taylo#+ airwom: ,
;east«
App and legality
for the
Jeffrey A.idatzkow
County==ittotney
ATTEST: City of Everglades City
a. 1 : ,•\
By: b axial �-�'� B _40
Dottie Joiner,Cierk Howe I 'mm Jr., Mayor
City of Everglades City
Approved as to form and legal sufficiency
for the City:
City Attorney for the City of Everglades City
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EXTENSION OF INTERLOCAL AGREEMENT
This EXTENSION OF IN I'ERLOCAL AGREEMENT, is made and entered into on
Z , 2018, by and between the City of Everglades City and the Board of County
Commissioners of Collier County,Florida(together referred to as "Parties").
WHEREAS,on September 26,2017,the Parties entered into an Interlocal Agreement 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 Hurricane Irma. A
copy of the Interlocal Agreement is attached hereto and incorporated herein by reference; and
WHEREAS, unless renewed by the Parties, the Interlocal Agreement will expire on
March 31, 2018; and
WHEREAS, the Parties wish to extend the term of the Interlocal Agreement to
September 30, 2018.
NOW THEREFORE, in consideration of the mutual promises in this Extension of
Interlocal Agreement,and for other good and valuable consideration,the receipt and sufficiency
of which are acknowledged by the Parties,it is agreed as follows:
1. The term of the September 26, 2017 Interlocal Agreement is hereby extended to
September 30, 2018.
2. Except as stated herein,all other terms and conditions of the September 26, 2017
Interlocal Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have caused this Extension of Interlocal
Agreement to be executed by their appropriate officials, as of the date first above written.
Remainder of Page Intentionally Left Blank
Signature Page(s)to follow
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IN WITNESS WHEREOF, the Parties hereto authorize this Extension to Interlocal
Agreement and affix their hand and seal this day of , 2018, by the City Council
of the City of Everglades City, and this 2..-1-10,-i day oft ,y-*1 , 2018, by the Collier County
Board of County Commissioners.
ATTEST: BOARD OF CO TY COMMISSIONERS
DWIGHT,E. BRO7CK 'CLERK COLLIER C' I , FLORID -
�
By: .t ow By: / 1
Attest as to Chairman's I eputy Cler � SOLIS, HAIRMAN 440.
signature only. I
Approved as tciffrm and aliity:
I F4I
by: 4
Jeffrey}A.EIq zkow
Count' A orney
s
ATTEST: CITY OF EVERGLADES CITY
By: y' r
Dottie Joiner,1 ty Clerk HO0.7f1RIMM 19 ., . ►,R
City of Everglades City
Approved as to form and legal sufficiency
for the City:
by:
City Attorney for the
City of Everglades City
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