Agenda 09/10/2024 Item #16E2 (To sign a Memorandum of Agreement between the Florida Division of Emergency Management and Collier County to transfer title to a retired travel trailer)16.E.2
09/ 10/2024
EXECUTIVE SUMMARY
Recommendation to authorize the Chairman to sign a Memorandum of Agreement between the Florida
Division of Emergency Management and Collier County to accept and house a retired travel trailer for
temporary responder crew quarters following or in support of a disaster response or emergency.
OBJECTIVE: To accept a Memorandum of Agreement between the Florida Division of Emergency Management
and Collier County to transfer title to a retired travel trailer, formerly used by Collier County EMS at the
Ochopee/Everglades City Fire Station for many months in "as -is" condition.
CONSIDERATIONS: The Florida Division of Emergency Management will transfer ownership and all title
documents of the previously used RV -type travel trailer provided by the Unite Florida Program. Collier County
Emergency Management will maintain the trailer in reasonable operating condition to allow Emergency
Management or County mutual aid responders to have towable crew quarters, either in -county or out -of -county
providing mutual assistance. The Emergency Management Division has space, fiscal resources, and expertise in
this type of RV travel trailer platform for future disaster or emergency use. The use and deployment of this trailer
is eligible for FEMA reimbursement.
FISCAL IMPACT: Emergency Management estimates the annual cost of maintenance at approximately $400
annually through 2026 and approximately $700.00 annually in the years 2027 through 2030 which can be managed
through the existing vehicle maintenance and equipment funds in General Fund (0001000000). No capital
expenditures are expected for the life of the trailer.
GROWTH MANAGEMENT IMPACT: There are no Growth Management impacts associated with the
Executive Summary.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and
legality and requires a majority vote for Board approval. JAK
RECOMMENDATION: Authorize the Chairman to sign the Memorandum of Agreement.
Prepared by: Dan E. Summers, Director of Emergency Management.
ATTACHMENT(S)
1. MOA for Transfer of Travel Trailer to CCEM (PDF)
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09/10/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.2
Doe ID: 29779
Item Summary: Recommendation to authorize the Chairman to sign a Memorandum of Agreement between the
Florida Division of Emergency Management and Collier County to accept and house a retired travel trailer for
temporary responder crew quarters following or in support of a disaster response or emergency.
Meeting Date: 09/10/2024
Prepared by:
Title: Executive Secretary — Emergency Management
Name: Kathy Heinrichsberg
08/22/2024 12:27 PM
Submitted by:
Title: Division Director - Bureau of Emer Svc — Emergency Management
Name: Daniel Summers
08/22/2024 12:27 PM
Approved By:
Review:
Emergency Management
Emergency Management
Office of Management and Budget
County Attorney's Office
Office of Management and Budget
Corporate Business Operations
County Manager's Office
Board of County Commissioners
Daniel Summers
Director Review
Completed
08/23/2024 11:35 AM
Michael Choate
Executive Director Review
Completed
08/26/2024 10:10 AM
Debra Windsor
Level 3 OMB Gatekeeper Review
Completed
08/26/2024 11:00 AM
Jeffrey A. Klatzkow
Level 3 County Attorney's Office Review
Completed
08/26/2024 11:14 AM
Agnieszka Chudy
OMB Reviewer
Completed
08/26/2024 11:16 AM
Jennifer Reynolds
OMB Reviewer
Completed
08/27/2024 9:11 AM
Ed Finn
Level 4 County Manager Review
Completed
09/02/2024 6:14 PM
Geoffrey Willig
Meeting Pending
09/10/2024 9:00 AM
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16. E.2.a
DIVISION OF
Ron DeSantis
40"--F
STATE OF FLORIDA
EMERGENCY
MANAGEMENT
Kevin Guthrie
Governor Director
MEMORANDUM OF AGREEMENT BETWEEN THE FLORIDA DIVISION OF EMERGENCY
MANAGEMENT AND COLLIER COUNTY EMERGENCY MANAGMENT FOR THE TRANSFER
OF TRAVEL TRAILERS
This Memorandum of Agreement ("Agreement"), effective as of the date of the last
signature below ("Effective Date"), is between the STATE OF FLORIDA, DIVISION OF
EMERGENCY MANAGEMENT ("FDEM") and COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS to transfer ownership and possession of the ONE (1) TRAVEL
TRAILERS ("Equipment") delineated in the attached Appendix ("Appendix") from FDEM to
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS.
WHEREAS, FDEM purchased and acquired this Equipment to aid in the State of Florida's
Disaster response to Hurricane Ian and Hurricane Idalia;
WHEREAS, FDEM and the COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS must enter into this Agreement to transfer ownership and possession
of this Equipment; and
NOW THEREFORE, comes FDEM and COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS, referred herein individually as "Party" and collectively as "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 ownership and possession of
the Equipment from FDEM to COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS. This Agreement shall be finalized upon the Effective Date of the last
signature.
11) EQUIPMENT TRANSFERRED
FDEM will transfer ownership and possession of the Equipment listed in the attached
Appendix to COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS. The Equipment
covered under this Agreement are Travel Trailers which served as temporary sheltering under
the Unite Florida program.
FDEM affirms that all Equipment in the delineated Appendix, is owned and shall be conveyed
to the Receiving Entity, absolutely and unconditionally, free and clear of all encumbrances,
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liens, and other claim of any kind. This is a material term of the Agreement. FDEM is also
providing to COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS all available
ownership documentation and titles for the Equipment identified in the Appendix.
III) COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS RESPONSIBILITIES
a. FDEM shall transfer the Equipment in "as -is" condition, and COLLIER COUNTY BOARD
OF COUNTY COMMISSIONERS shall accept the Equipment in such condition. Upon
the Effective Date of this Agreement, FDEM hereby relinquishes any
responsibility, financial or otherwise, for the Equipment.
IV) WARRANTY AND LIMITATION OF LIABILITY
FDEM 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 FDEM be liable to COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
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.
V) INDEMNIFICATION
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS agrees to indemnify, defend, and
hold FDEM harmless, 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 BOARD OF COUNTY
COMMISSIONERS' use of the Equipment provided pursuant to this Agreement.
VI) 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.
VII) MISCELLANEOUS
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
and/or an agency relationship between FDEM and COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS.
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
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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
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16. E.2.a
IN WITNESS WHEREOF, the terms and conditions of this Agreement are accepted by both
Parties.
A
COLLIER COUNTY
BOARD OF COUNTY
COMMISSIONERS
Signature
Print Name
FLORIDA DIVISION OF
EMERGENCY MANAGEMENT
By:
Signature
Print Name
Title Title
Date Date
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APPENDIX
EQUIPMENT TO BE TRANSFERRED TO COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS
VIN Make/Model
5SFEB3021NE513977 261JM
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