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Backup Documents 11/09/2021 Item #16E 5 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP i b E 5 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. **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 3 ( b"� 4. BCC Office Board of County -17 d{ Commissioners lI'I7 Records Clerk of Court's Office 5. Minutes and e /140 t 111 2D2( 2 4?' 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 Phone Number 252-3622 Contact/ Department Kathy Heinrichsberg Agenda Date Item was November 9,2021 Agenda Item Number 16E5 Approved by the BCC Type of Document Number of Original 1 Attached MOU Documents Attached 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? KH 2. Does the document need to be sent to another agency for additional signatures? If yes, KH 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 KH 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 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 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 deadlines! 8. The document was approved by the BCC on November 9,2021 and all changes made JB N/A is not during the meeting have been incorporated in the attached document. The County In option for Attorney's Office has reviewed the changes,if applicable. its line. 9. Initials of attorney verifying that the attached document is the version approved by the JB /A is not BCC,all changes directed by the BCC have been made,and the document is ready for the an option for Chairman's signature. his line. 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 16E 5 MEMORANDUM Date: November 18, 2021 To: Kathy Heinrichsberg, Executive Secretary Bureau of Emergency Services From: Martha Vergara, Sr. Deputy Clerk Minutes & Records Department Re: MOU — Transfer of Trailer State of Florida Division of Emergency Management Attached is a certified copy of the document as referenced above, (Item #16E5) as approved by the Board of County Commissioners on Tuesday, November 9, 2021. The Minutes & Records Department has kept a copy of the original to be kept as part of the Board's Official Records. If you have any questions, please contact me at 252-7240. Thank you. Attachment 16 € 5 MEMORANDUM OF AGREEMENT BETWEEN THE DIVISION OF EMERGENCY MANAGEMENT AND COLLIER COUNTY BUREAU OF EMERGENCY SERVICES AND EMERGENCY MANAGEMENT FOR THE TRANSFER OF TRAILER This Memorandum of Agreement ("Agreement"), effective as of the date of the last signature below ("Effective Date"), is between STATE OF FLORIDA, DIVISION OF EMEREGENCY MANAGEMENT ("the Division") and Collier County Bureau of Emergency Services and Emergency Management ("Collier County Bureau of Emergency Services and Emergency Management") to establish an agreement for the transfer of ownership of Great Dane 53' trailer ("Equipment") delineated in the attached Appendix (Appendix) from the Division's possession to Collier County Bureau •of • Emergency Services and Emergency Management's possession. WHEREAS, on March 12, 2020, the World Health Organization declared COVID-19 a pandemic, and on March 13, 2020, the President of the United States declared a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak; WHEREAS, the Governor of the State of Florida issued Executive Order No. 20-52 in response to the COVID-19 Public Health Emergency, which poses a severe threat to the entire State of Florida and requires that timely precautions are taken to protect the communities and general welfare of this State; WHEREAS, the Division purchased and acquired this Equipment to aid in the State of Florida's COVID-19 response; WHEREAS, the transfer of ownership of this Equipment from the Division's possession to Collier County Bureau of Emergency Services and Emergency Management's possession requires the Division to enter into this Agreement with Collier County Bureau of Emergency Services and Emergency Management; and NOWTHEREFORE, now comes the Division and Collier County Bureau of Emergency Services and Emergency Management, referred to herein individually as a "Party" and collectively as the "Parties", to set forth the terms and conditions of this Agreement. 1. PURPOSE OF THIS AGREEMENT The purpose of this Agreement is to memorialize the transfer of the ownership of the Equipment from the Division's possession to Collier County Bureau of Emergency Services and Emergency Management's possession. This Agreement shall be finalized upon the Effective Date. 2. EQUIPMENT TRANSFERRED 16E 5 Page 2 of 4 The Division will transfer ownership and possession of the Equipment listed in the attached Appendix to Collier County Bureau of Emergency Services and Emergency Management. 3. COLLIER COUNTY BUREAU OF EMERGENCY SERVICES AND EMERGENCY MANAGEMENT'S RESPONSIBILITIES a. The Division shall deliver the Equipment in as-in condition, and Collier County Bureau of Emergency Services and Emergency Management shall accept the Equipment in such condition. b. Collier County Bureau of Emergency Services and Emergency Management expressly agrees to be fully responsible for the maintenance, repair, and any other costs associated with the Equipment upon the Effective Date of this Agreement. Upon the Effective Date of this Agreement, the Division hereby relinquishes any responsibility, financial or otherwise, for the Equipment. 4. WARRANTY AND LIMITATION OF LIABILITY THE DIVISION MAKES NO WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OR FOR ANY PARTICULAR RESULT. In no event shall the Division be liable to Collier County Bureau of Emergency Services and Emergency Management for any indirect, incidental, special, punitive, or consequential damages, arising from or in connection with this Agreement and regardless of the cause of action or theory of law asserted. 5. INDEMNIFICATION Collier County Bureau of Emergency Services and Emergency Management agrees to indemnify, defend, and hold the Division, from any and all liabilities, demands, damages, costs and expenses (including reasonable attorneys' fees and court costs) arising from any third-party suits or claims to the extent based upon or resulting from Collier County Bureau of Emergency Services and Emergency Management's use of the Equipment provided pursuant to this Agreement. 7. COMPLIANCE WITH LAWS The Parties agree to comply with all laws and regulations applicable to the performance of their respective obligations under this Agreement. Each Party is responsible for its own compliance with this Agreement. 8. MISCELLANEOUS 16E 5 Page 3 of 4 a. This Agreement shall be governed by the laws of the State of Florida and venue shall be in Leon County, Florida. b. The Parties agree that nothing in this Agreement serves to create an employer-employee relationship between the Division and Collier County Bureau of Emergency Services and Emergency Management. c. This Agreement creates neither a partnership nor a joint venture, and neither Party has the authority to bind the other. d. Any modification of this Agreement or additional obligation assumed by either Party with regard to this Agreement shall be binding only if evidenced in writing signed by an authorized representative of each Party. e. Either Party may request changes to this Agreement. Any changes, modifications, revisions or amendments to this Agreement that are mutually agreed upon by and between the Parties to this Agreement, shall be incorporated by written instrument and effective when executed and signed by all Parties to this Agreement. f. This Agreement shall not be construed against either Party and shall be deemed to have been drafted by both Parties. g. Nothing contained herein shall constitute a waiver by either Party of its sovereign immunity or the provisions of Section 768.28, F.S. Nothing herein shall be construed as consent by either Party to be sued by third parties. h. This Agreement, upon the Effective Date, contains the entire agreement of the parties and no prior written or oral agreement, express or implied, shall be admissible to contradict the provisions of this Agreement. i. This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which shall constitute one and the same Agreement. INTENTIONALLY LEFT BLANK 0 16E 5 . Page 4 of 4 IN WITNESS WHEREOF, the terms and conditions of this Agreement are accepted by both Parties. COLLIER COUNTY BUREAU OF EMERGENCY SERVICES AND EMERGENCY MANAGEMENT FLORIDA DIVISION OF EMERGE CY MANAGEMENT By ByG\ TA0.11-ORC I Cry 5tCrhOli—C-1Printed Name and Title rint d Name andtle k‘\cA .,\ 1( 1.a.t.)_pL UMOal T-7 h ?() 7 Date Approved as to form and legality ATTEST CR' T'AL K. KINZEL,CLERK Asstant County Amey � a.� Attest as to Chairm s NO signature only. Q