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Backup Documents 09/10/2024 Item #16E 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 E 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. ** 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 Yki/h4 6111017 4. BCC Office Board of County Commissioners CH ji/ fie 11 a� ��/ q f/o 2 5. Minutes and Records Clerk of Court's Office _ / 1 PRIMARY CONTACT INFORMATION �'l 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 X3622 Contact/Department Agenda Date Item was Agenda Item Number Agenda Item Number Approved by the BCC 29779 )4 E Type of Document(s) MOU Number of Original 1 Attached 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(instead of stamp)? KH 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 legality. (All documents to be signed by JAK the Chairman,with the exception of most letters,must be reviewed and signed by the reviewed Office of the County Attorney.) 4. All handwritten strike-through and revisions have been initialed by the County Attorney KH 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 uploaded to the agenda. 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 9/10,2024 and all changes made during KH N/A is not the meeting have been incorporated in the attached document. The County Attorney an option* Office has reviewed the changes,if applicable. this line, 9. Initials of attorney verifying that the attached document is the version approved by the JAK N/A isOot BCC,all changes directed by the BCC have been made,and the document is ready for the reviewed an option.for Chairman's signature. this line. Please send to Tallahassee FDEM for their signatures. Once received back, please let Kathy Heinrichsberg know. Thank you. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04;Revised 1.26.05;2.24.05; 11/30/12;4/22/16;9/10/21 1 6 E 2 i STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT Ron DeSantis 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. I) 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. II) 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, Page 1 of 4 16E2 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 Page 2 of 4 F E 4^. 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 Page 3 of 4 16E2 IN WITNESS WHEREOF, the terms and conditions of this Agreement are accepted by both Parties. COLLIER COUNTY BOARD OF COUNTY FLORIDA DIVISION OF COMMISSIONERS EMERGENCY MANAGEMENT By: (1A /61( By: Signature Signature Chris Hall, Chairman Print Name Title Title 1,1 /i0/2Y Date Date , r " Approved as t.)fortn and legality ATTEST CRYSTAL ZBI.,,CIERK BY: Jeffrey A.Motile*,County Attorney 1_ • Page 4 of 4 1 6E2 IN WITNESS WHEREOF, the terms and conditions of this Agreement are accepted by both Parties. COLLIER COUNTY BOARD OF COUNTY FLORIDA DIVISION OF COMMISSIONERS EMERGENCY MANAGEMENT By (14444114 Signature Signature Chris Hall, Chairman Print Name 43 . , o Or tomArE/31r-dim Title Title /10/2 41 1/11 / 29 Date Date , Approved as to form and legality ATTEST CRYSTAL . 'ZEL,CLERK BY: rn J Jeffrey A. Klatzkow,County Attorney • Page 4 of 4 16E2 APPENDIX EQUIPMENT TO BE TRANSFERRED TO COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS VIN Make/Model 5SFEB3021NE513977 261JM Page 1 of 1