Backup Documents 04/23/2019 Item #16E2 {o ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
�-� TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 Er 2
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.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete 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 ` L% 3 y \a3‘kCt
4. BCC Office Board of County Lov--k..\
Commissioners X47 .g\z.S\ac\
5. Minutes and Records Clerk of Court's Office ----)- '4 �q 3: 1,k
PRIMARY CONTACT INFORMATION "� p
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 Phone Number 252-3622
Contact/ Department Kathy Heinrichsberg
Agenda Date Item was April 23,2019 ,✓' Agenda Item Number /
Approved by the BCC 16E2 V
Type of Document Number of Original 1 , /
Attached Memo of Understanding Documents Attached V
PO number or account
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? 5/FA 0'1) DK
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
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 KH
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's NA
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 KH
si_nature 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 SIRE.
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 eadlines!
8. The document was approved by the BCC on April 23,2019 all changes made KH
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the KI-1
BCC,all changes directed by the BCC have been made,and the document is ready for the, cy-0,
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
1 6 E 2
MEMORANDUM
Date: May 13, 2019
To: Kathy Heinrichsberg, Executive Secretary
Bureau of Emergency Services
From: Teresa Cannon, Sr. Deputy Clerk
Minutes & Records Department
Re: Interlocal Agreement w/Florida South Western State College
Attached are one (1) document as referenced above, (Item #16E2) as approved by the
Board of County Commissioners on Tuesday, April 23, 2019.
The Board's Minutes & Records Department has kept the original as part of the
Board's Official Records.
If you have any questions, please contact me at 252-8411.
Thank you.
Attachment
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FLORIDATM
SOUTHWESTERN
STATE COLLEGE
MEMORANDUM
RECIENED
TO: Dan Summers APR 0 3'1019
FROM: Justine Lewis, Administrative Coordinato collier County
For Dr. Gina Doeble, V.P., Administrative Services Emergency Management
DATE: April 1, 2019
SUBJECT: Interlocal Agreement
Enclosed please find a copy of the Collier County and FSW Interlocal Agreement. If you
would please send me a copy once it has been signed, it would be greatly appreciated.
Jlewis12@fsw.edu
ti
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Teresa L. Cannon
To: jlewis12@fsw.edu
Subject: Interlocal Agreement
Attachments: Interlocal Agreement with FSW.pdf
Ms. Lewis,
Attached is a copy of the Interlocal Agreement approved by the Board of County Commissioners at their Tuesday
April 23rd meeting.
Please contact me if you have any questions. Thanks
Teresa Cannon
BMR Senior Clerk II
r moo, Office:239-252-8411
ft-
Co
Fax: 239-252-8408
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Teresa.Cannon@CollierClerk.com
Office of the Clerk of the Circuit Court
&Comptroller of Collier County
�c. 3299 Tamiami Trail E,Suite#401
e,„
-r t1t'� Naples, FL 34112-5746
www.CollierClerk.com
1
INSTR 5706050 OR 5624 PG 2410
RECORDED 5/1/2019 11:14 AM PAGES 9
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$78.00
INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND
FLORIDA SOUTHWESTERN STATE COLLEGE 3 p L E
rC&
This Interlocal Agreement is entered into this .) day of , 2019
between Collier County (the "COUNTY"), a political subdivision of the State of Florida, and
Florida Southwestern State College ("COLT GE").
Recitals
WHEREAS, the COUNTY is a local emergency management agency as defined in Section
252.34(6),Florida Statutes;and
WHEREAS, Section 252.38(3)(a)(3), Florida Statutes, provides that COUNTY may
establish, as necessary, a primary and one or more secondary emergency operating centers to
provide continuity of government and direction and control of emergency operations;and
WHEREAS, Section 252.385 (1), Florida Statutes, provide that It is the intent of the
Legislature and this state not to have a deficit of safe public hurricane evacuation shelter space in
any region of the state by 1998 and thereafter.
WHEREAS, Section 252.385 (4)(a), Florida Statutes provide that Public facilities, including
schools, postsecondary education facilities, and other facilities owned or leased by the state or local
governments, but excluding hospitals, hospice care facilities, assisted living facilities, and nursing
homes, which are suitable for use as public hurricane evacuation shelters shall be made available at
the request of the local emergency management agencies. The local emergency management agency
shall coordinate with these entities to ensure that designated facilities are ready to activate prior to a
specific hurricane or disaster. Such agencies shall coordinate with the appropriate school board,
university, community college, state agency, or local governing board when requesting the use of
such facilities as public hurricane evacuation shelters.
WHEREAS, the COUNTY has developed a Comprehensive Emergency Management Plan
(CEMP) designed to serve the public in pre-emergency, emergency, and post-emergency situations;
and
WHEREAS, in furtherance of the Collier County Comprehensive Emergency Management
Plan,the COUNTY and the COLLEGE recognize the mutual benefits that will arise as the result of
the COLLEGE and its personnel working with the COUNTY during a state of emergency or other
necessary events;and
WHEREAS, the COUNTY and the COLLEGE wish to provide for coordination and
cooperation in providing services during a declared state or local emergency for the benefit of the
public health,safety,and welfare.
NOW THEREFORE,it is agreed as follows:
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1. Authority.
This Agreement is entered into pursuant to the Florida Interlocal Cooperation Act of
1969(Section 163.01, Florida Statutes) and the constitution and statutory powers of COUNTY and
the COLLEGE.
2. Duration.
This Agreement shall remain in effect until it is terminated in writing by either party upon 60
days written notice.
3. Effect of Recitals.
The recitals set forth above are adopted as findings of fact and incorporated into this
agreement.
4. Responsibilities of the County.
The COUNTY, through its Division of Emergency Management, agrees to:
A. Provide as much advance notice as possible to the COLLEGE for the need of
COLLEGE assistance. The COLLEGE shall provide emergency contacts bi-
annually, to the Collier County Emergency Management Division.
(CCEM).
B. Implement, to the fullest extent possible, the Collier County Comprehensive
Emergency Management Plan, (CEMP) which states that Collier County shall
continue preparedness efforts including but not limited to: purchase of disaster
supplies and equipment such as; generators and generator parts both fixed and
portable and other preparedness initiatives such as;response,mitigation and recovery
efforts via grants or other means, to the extent possible, for supporting the use of
schools and COLLEGE facilities as to house emergency personnel such as local and
mutual aid law enforcement officers and other incident management or mutual aid
teams approved by COUNTY Emergency Management Director..
C. Provide, to the extent possible, training to the COLLEGE in an all-hazards
approach for the College for community emergencies and disasters at no cost.
D. In cooperation with the COLLEGE, identify and designate suitable school buildings
to house emergency personnel including but not limited to local and mutual aid law
enforcement officers and other incident management or mutual aid teams when
deemed in the best interest of the College and the COUNTY Emergency
Management Director.
E. Manage approval, with concurrence of the COLLEGE, of all requests, regardless of
requesting agency, for use of school facilities for any emergency purposes under this
Agreement.
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F. To the extent possible, shall provide the resources of the County Emergency
Operations Center without charge to the COLLEGE in the event the COLLEGE
has an emergency situation which may be best managed by the capabilities of the
Emergency Operations Center.
G. Exercise reasonable care in the conduct of the COLLEGE's buildings, including
efforts to assist in a timely manner to ensure facility re-opening for school
operations, and documenting operational or cosmetic damages that may have
occurred during public safety agencies use as refuge, base camp operation or
emergency worker shelter.
H. Provide space at the County Emergency Operations Center (EOC) for a minimum
of two COLLEGE representatives and any necessary support staff at all times in
which a refuge, base camp operation or emergency worker shelter is being operated
and/or the EOC is activated.
Provide space at the EOC for a minimum of two COLLEGE representatives and
any necessary support staff at all times during a local State of Emergency or other
emergency event to assist in alternate COLLEGE operations should the campus not
be able to operate following a disaster or other major emergency situation.
J. Cooperate with the COLLEGE for any emergency or disaster preparedness and
recovery initiatives that are in the mutual best-interest of both parties to; serve the
public, build disaster resiliency, and ensure continuity of operations, as well as share
interoperable communication linkages such as voice, data, two-way radio systems,
security systems, generators, food service and storage areas, towers and antennas
when deemed appropriate. Such efforts may also include,but not be limited to joint
efforts for fuel purchases, fuel storage, fuel dispensing, debris removal efforts,
debris staging sites, generators, storm shutters, potable and waste-water systems,
roofing improvements, storage locations and or storage facilities, and other
temporary emergency use of facilities, supplies, equipment and vehicles that may
contribute to reduced future disaster cost and evacuation shelter, refuge or base
camp resiliency.
K. The COUNTY will work cooperatively and meet biannually with key COLLEGE
BOARD staff to develop operational plans toward ensuring a safe and reliable
refuge,base camp or emergency worker shelter program.
5. Responsibilities of the COLLEGE:
The COLLEGE agrees to:
A. Provide all necessary and requested assistance, including, but not limited to, use of
COLLEGE facilities identified mutually by COLLEGE AND COUNTY to house
emergency personnel to include but not be limited to local and mutual aid law
enforcement officers and other incident management or mutual aid teams.
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B. Provide use of Dining Hall(s) to COUNTY or designee for food storage by way of a
generator supported walk-in freezers,refrigerators or food pantry.
C. Provide, to the lawful extent possible, any requested assistance to the COUNTY in
the event emergencies arise that do not require a "state of local emergency" to be
declared by the COUNTY.
D. Maintain COUNTY and or State -purchased equipment provided to the COLLEGE
pursuant to this Agreement and assigned to COLLEGE facilities, in good repair and
serviceable condition, in accordance with manufacturer's recommendations or other
accepted standards. Generators shall be maintained in accordance with NFPA
Standard 99.
E. Take steps necessary to ensure that permanent or portable generators are in-place
during the State of Emergency to ensure that potable and waste water pumps,wells,
lift-stations are operational during COUNTY's use of COLLEGE buildings.
F. Provide at no cost to COUNTY and within 30 days of a written request,
construction documents on existing and future school buildings and facilities for the
purposes of evaluating future public shelters, refuges, or base camps for disaster
workers. Such information shall assist the COUNTY to help determine safety,wind
protection, and flood elevation in accordance with the State's 2018 Shelter Plan and
Florida Statute 252.385.
6. State of Local Emergency.
In the event a state of local emergency is declared by the County:
A. The Collier County Director of Emergency Management shall notify the COLLEGE
BOARD of the declaration of a state of local emergency.
B. The COLLEGE shall, in a manner consistent with the County's Comprehensive
Emergency Plan and this Agreement render assistance to the COUNTY.
C. The Collier County Director of Emergency Management shall coordinate the
activities and services included in the Comprehensive Emergency Plan, pursuant to
Section 252.38, Florida Statutes.
D. No COLLEGE building or area will be opened to use by local and mutual aid law
enforcement officers and other incident management or mutual aid teams prior to
COLLEGE Staff being present in the site unless otherwise directed.
E. The COLLEGE reserves the right to open buildings as employee shelters that will
not to interfere with any mutually agreed upon use by emergency personnel such as
local and mutual aid law enforcement officers and other incident management or
mutual aid teams as approved by the Collier County Director of Emergency
Management. Other buildings operated as shelters opened by the COLLEGE shall
be operated at the sole expense of the COLLEGE and will not be considered as a
reimbursable shelter expense to the COUNTY.
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7. SCHOOL BOARD Employees.
All COLLEGE employees providing services pursuant to this Agreement shall be
considered employees of the COLLEGE for the purpose of maintaining medical and
worker's compensation insurance. COLLEGE employees shall not be considered agents or
employees of the County for the purposes of this Agreement.
8. Planning and Implementation
The COLLEGE representatives and COUNTY representatives agree to meet and confer
regarding the preparation of emergency operations plans and procedures prior to June 1 of
each year as necessary. Collier County's Comprehensive Emergency Management Plan
(CEMP)will be the primary planning document related to shelter operations and will contain
details to include refuge's and or base camps for public safety emergency workers including
but not limited to local or mutual aid law enforcement or other incident management teams,
special needs shelter operations, general population and pet shelter operations and feeding
plans.
The Parties shall address and agree to:
A. Designate COUNTY and COLLEGE representatives who shall coordinate the
activities and services included in emergency operations.
B. Identify the duties and responsibilities of the appropriate COUNTY and COLLEGE
employees and agencies that are needed for emergency operations planning and
implementation purposes.
C. Develop appropriate refuge, base camp or public safety worker shelter operations
procedures.
D. Develop food service activity plan(s) and procedures including such efforts to work
cooperatively with the COLLEGE's current food service provider.
9. Insurance.
The COUNTY agrees to provide a current policy of general liability insurance naming the
COLLEGE as additional insured. Said policy shall have coverage limits of at least $500,000
for injury to any one person and $1,000,000 for aggregate damages in any one occurrence
caused by negligence of any County official, employee, or agent. Said policy shall not be
construed to alter the limitations of liability provided in Section 768.28, Florida Statutes, or
as a waiver of the County's sovereign immunity.
10. Indemnification.
Each part agrees to indemnify, defend, and hold-harmless the other, its officers, board
members, agents and employees from and against any and all fines, suits, claims, demands,
penalties, liabilities, cots or expenses,losses, settlements, judgements and awards and actions
of whatever kind or nature, including attorney's fees and cost (and cost and fees on appeal),
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and damages (including, but not limited to, actual and consequential damages) arising from
any negligent, or wrongful misconduct, knowing misrepresentation or breach of this
Agreement by such party,its officers, board members, agents or employees. This paragraph
shall not be considered in any way to alter the COUNTY's or the College's waiver of
sovereign immunity or extend the party's liability beyond the scope or limits established in
Section768.28, Florida Statutes.
12. Notice.
Any notice sent pursuant to this agreement shall be sufficient if sent by regular U.S.
Mail to the following addresses:
A. COLLIER COUNTY: COLLIER COUNTY, c/o BUREAU OF
EMERGENCY SERVICES
Attention: Dan Summers,
8075 Lely Cultural Parkway
Naples, Florida
With a copy to: Leo Ochs, County Manager
3299 East Tamiami Trial
Naples, Fl 34112
B. COLLEGE: FLORIDA SOUTHWES TERN STATE COLLEGE
Dr. Gina Doeble
Vice President of Financial Services
8099 College Parkway
White Hall; Bldg. D-120
Fort Myers, Florida 33919
13. Amendment.
Any amendment to this Agreement or its exhibits shall be in writing and shall not be
effective until executed by both parties.
14. Assignment.
In light of the scope and rationale for this Agreement, neither party may assign, transfer, or
sell any of the rights set forth in this Agreement, or associated with this Agreement,without
the express written consent of the other party. Should either party assign, transfer, or sell any
of the rights set forth in this Agreement without such written consent, such action shall
result in the automatic termination of this Agreement without further notice or action
required on the party of the other party.
15. Termination.
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A. This Agreement may be terminated without cause upon either the COUNTY or the
COLLEGE providing at least 90 days advance written notice of its intent to
terminate this Agreement to the other party.
B. This Agreement may be terminated with cause upon either the COUNTY or the
COLLEGE providing at least 30 days advance written notice to the other party. The
notice shall include the exact cause for termination and the effective date of
termination unless, prior to the termination date, the party seeking termination for
cause provides an opportunity to cure or correct the condition as specifically
described in the notice.
C. Notwithstanding any other provision of this Agreement, no termination of this
Agreement shall be effective during hurricane season (June 1 —November 30 of each
year).
16. Relationship of the Parties.
The parties acknowledge that their relationship under this Agreement is that of independent
contractors. No employee of either party shall be deemed an employee of the other party.
Nothing in this Agreement shall be construed to create an agency relationship, partnership,
association, or joint venture between the parties.
17. No Third-Party Beneficiaries.
This Agreement is entered into solely for the benefit of the COUNTY and the COLLEGE
and not for the benefit of any third party.This Agreement shall not be deemed to confer any
rights, express or implied,upon any third party.
18. Public Records.
The cost of reproduction, access to, disclosure, non-disclosure, or exemption of records,
data, documents, and/or materials, associated with this Agreement shall be subject to the
applicable provisions of the Florida Public Records Law (Chapter 119, Florida Statutes), and
other applicable State and Federal provisions. Access to such public records, may not be
blocked, thwarted, and/or hindered by placing the public records in the possession of a third
party, or an unaffiliated party.
19. Governing Law and Venue.
This Agreement shall be construed according to the laws of the State of Florida. Venue for
any administrative or legal action arising under the Agreement shall be in Collier County,
Florida.
20. Compliance with Local, State, and Federal Laws.
Both the COUNTY and the COLLEGE, in performing under this Agreement, shall abide
by, and comply with, all applicable laws, rules, regulations, orders, and policies, of the local,
state, and federal governments, Including, but not limited to federal Robert T. Stafford
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Disaster Relief and Emergency Act, Public Law 93-288, as amended, 42 U.S.C. 5121, et.
Seq., 44 CFR— Chapter 1 FEMA Department of Homeland Security Assistance Act, 2 CFR
200 Methods of Procurement, and the latest FEMA Public Assistance Program and Policy
Guide.
21. Severability.
If any word, phrase, sentence, part, subsection, section, or other portion of this Agreement,
or any application thereof, to any person or circumstance is declared void, unconstitutional,
or invalid for any reason, then such word, phrase, sentence, part, subsection, other portion,
or the proscribed application thereof, shall be severable, and the remaining portions of this
Agreement, and all applications thereof, not having been declared void, unconstitutional, or
invalid shall remain in full force and effect.
22. Dispute Resolution.
Prior to the initiation of legal action by either the COUNTY or the COLLEGE to enforce
the provisions of this Agreement, the COUNTY and the COLLEGE shall submit to
nonbinding mediation. The mediator shall be impartial and shall be selected by joint
agreement between the COUNTY and the COLLEGE. The mediation process shall by
confidential to the extent permitted by Florida law. The cost of the mediation shall be borne
equally by the COUNTY and the COLLEGE. If the matter is not resolved through
mediation, legal action may be initiated. In the event legal action is initiated, the prevailing
party shall be entitled to recover reasonable attorney's fees.
23. Non-Waiver.
The failure of either the COUNTY or the COLLEGE to insist upon strict performance of
any term, condition,provision, or requirement of this Agreement, shall not be construed as a
waiver of such term, condition,provision, or requirement on any subsequent occasion.
24. Headings.
All sections and descriptive headings of sections noted in this Agreement are inserted only
for the convenience of the parties hereto and shall not affect or control interpretation of this
Agreement.
25. Authority to Execute.
Each party covenants to the other party that it has lawful authority to enter into this
Agreement and has authorized the execution of this Agreement by the party's authorized
representative.
26. Execution in Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original,but all of which, taken together, shall constitute one and the same agreement.
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27. Effective Date.
This Agreement shall become effective upon filing a copy executed by both parties with the
Clerk of the Circuit Court of Collier County.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set
forth above.
ATTEST: COLLIER COUNTY
CRYSTAL K. KINZEL, CLERK
. 411W/..)Ce)By:
to �,° i AtsCLERK
� William L. McDaniel,Jr.
Chairman
Approved for-.fbtm and:legality:
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Jennifer A. Belpe. f)
Assistant County A .rney �'a'
FLORIDA SOUTHESTERN STATE
COLLEGE
Approved: 1111! k.," 1-024,.
Dr. Gina Doeble,
Vice President of Financial Services
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