Backup Documents 01/24/2017 Item #16E4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 A `M 4
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE la L .'v
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 CMG 03-07-17
4. BCC Office Board of County
Commissioners 5(g/ - \%\\---1
5. Minutes and Records Clerk of Court's Office C. 3081
!1- 4:"P'`t
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 Florida Gull Coast Umrsny c—\-2-....s.wrdz5 -
Contact/ Department cc o-v� ZS .- ?_(c,Z_
Agenda Date Item was January 24,2017 ' Agenda Item Number 16E4
Approved by the BCC
Type of Document Agreement Between FGCU and Collier Number of Original One
Attached County Documents Attached
PO number or account N/A
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whi •- er is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signatur- TAMP OK CMG
2. Does the document need to be sent to another agency for •ditional signatur-: If yes, CMG
provide the Contact Information(Name;Agency;Address; ' - - .n attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be CMG
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 CMG
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 CMG
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 CMG
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip CMG
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 January 24,2017 and all changes made CMG : ,
during the meeting have been incorporated in the attached document. The County � '.!','S '''Mei
Attorney's Office has reviewed the changes,if applicable. r
9. Initials of attorney verifying that the attached document is the version approved by th. ctu‘Vji ;
BCC,all changes directed by the BCC have been made,and the document is ready for t '' -
Chairman's signature.
(-3,\ <‹,c. coy \\---s-'` \''' ---Nr`\c -.\
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
16E4
MEMORANDUM
Date: March 9, 2017
To: Amy Lyberg, Director
Human Resources Department
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Service Learning Agreement w/Florida Gulf Coast University
Board of Trustees
Attached for your records is a copy of the agreement referenced above (Item
#16E4) approved by the Board of County Commissioners January 24, 2017.
The original document is being held in the Minutes and Records Department for
the Board's official record.
If you have any questions, please feel free to call me at 252-8411.
Thank you.
Attachment
f
l li iF,i
Ktt4y
MEMORANDUM
Date: March 9, 2017
To: Jessica Rhea, M. Ed.
Director of Community Engagement
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Service Learning Agreement w/Florida Gulf Coast University
Board of Trustees
Attached for your records is a copy of the agreement referenced above (Item
#16E4) approved by the Board of County Commissioners January 24, 2017.
The original document is being held in the Minutes and Records Department for
the Board's official record.
If you have any questions, please feel free to call me at 252-8411.
Thank you.
Attachment
tMrS 4.aai
Agreement between Florida Gulf Coast University Board of Trustees
("FGCU/Contractor")and the Collier County Board of County Commissioners
("Community Service Agency")
Service-learning is an experientially based teaching methodology which combines
classroom pedagogy with community action. Through service-learning, students learn and
develop through active participation in thoughtfully organized service experiences that meet
actual community needs. Service-learning is reciprocal in that both the"student as a server"and
those being served are teaching and learning during their interaction. The National and
Community Service Act of 1990 describes service-learning as: "Service-learning experiences
[which] put abstract classroom concepts into concrete form and provide meaningful
opportunities to test and refine theories while helping to meet basic community needs."
The Florida Gulf Coast University Board of Trustees ("FGCU") mission statement
provides that the University "nurtures community partnerships, values public service, and
encourages civic responsibility." To this end, FGCU,through its Office of Service-Learning and
Civic Engagement, looks to engage community service agencies to provide opportunities for its
students to complete service-learning activities.
To establish the engagement, the University and the Collier County Board of County
Commissioners ("Community Service Agency") agree to fulfill the following responsibilities:
University Responsibilities:
1. Maintain a detailed, service-learning database that includes a listing of Agency missions,
service-learning opportunities,and Agency contact information.
2. Provide a contact for agency representatives and students.
3. Provide periodic on-site supervision from the FGCU Office of Service-Learning and
Civic Engagement including direct communication with the County supervisor for each
location for service-learning.
4, Promote service-learning opportunities to FGCU students.
5. Consult with Agency representatives as needed to address/plan service-learning activities.
6. Maintain student records: document hours sewed and verified by Agency representatives
via the service-learning verification form located on the Office of Service-Learning and
Civic Engagement website(Eagles Connect)www.fgcu.eduiconnec€.
[04-HUM-01048/1241046/1] Page 1 of 7
GC Letter of Engagement
GC233732_5
7. INDEMNIFICATION.
a.l. To the extent provided by law, the University shall indemnify and hold the
Agency harmless from any and all claims, demands, causes of action and/or damages
arising out of the negligent or willful acts of the University and its faculty and staff in
completing the duties under this agreement. Nothing contained herein shall obligate
the University to indemnify or in any way be liable to pay to any person or entity any
amount which exceeds the amount(s) for which the University could be held liable
under the provisions of Section 768.28, Florida Statutes, and nothing herein shall be
read as a waiver of the sovereign immunity beyond that provided in Section 768.28,
Florida Statutes, nor will anything herein be read as increasing the liability of the
University to any person or entity beyond the limits of liability for which the
University could be held liable under Section 768.28,Florida Statutes.
a.2. To the extent provided by law, the Agency shall indemnify and hold the
University harmless from any and all claims, demands, causes of actions and/or
damages arising out of the negligent acts the Agency and its employees in completing
the duties under this Agreement. Nothing contained herein shall obligate the Agency
to indemnify or in any way be liable to pay to any person or entity any amount which
exceeds the amounts) for which the Agency could be held liable under the provisions
of Section 768.28, Florida Statutes,and nothing herein shall be read as a waiver of the
sovereign immunity beyond that provided in Section 768.28,Florida Statutes,nor will
anything herein be read as increasing the liability of Agency to any person or entity
beyond the limits of liability for which the Agency could be held liable under Section
768.28, Florida Statutes.
b. Each party acknowledges that it maintains general liability coverage, whether
through a self-insurance program or otherwise,in sufficient amounts as required under
Florida law,and with said protection being applicable to officers,employees, servants,
and agents of each party while acting within the scope of their employment by their
respective party.
c. The duty to defend under this Section 7 is independent and separate from the duty
to indemnify, and the duty to defend exists regardless of any ultimate liability of the
Contractor, County and any indemnified party. The duty to defend arises immediately
[04-HUM-01048/1241046/11 Page 2 of 7
GC Letter of Engagement
GC233732 5
1 6 E
{�t
upon presentation of a claim by any party and written notice of such claim being
provided to Contractor. Contractor's obligation to indemnify and defend under this
Section 7 will survive the expiration or earlier termination of this Agreement until it is
determined by final judgment that an action against the County or an indemnified
party for the matter indemnified hereunder is fully and finally barred by the applicable
statute of limitations.
FGCU Student responsibilities:
1. The FGCU students serving as County volunteers are required to act in compliance with
County policies and procedures, specifically the County Standards of Conduct, CMA
#5311.1, County Code of Ethics and Anti-Fraud, CMA #5311, Fingerprinting and
Background Checks, CMA #5390 and Volunteer Program, CMA #5913 (CMAs attached
hereto as Exhibit"A").
2. Background screening is required for all FGCU student volunteers in compliance with the
County's Volunteer Program(Exhibit"A") and Section 125.5801, Fla. Stat. Students shall
submit to background screening with the County or the County's designated vendor at the
student's expense.
3. Students are required to commit to a minimum of 20 hours to County volunteer service,
Community Service Atencv Responsibilities:
1. Provide a detailed service description and expectations for satisfactory completion of the
service-learning experience.
2. Develop service-learning opportunities which allow students to perform meaningful work.
3. Structure service-learning activities to include opportunities to learn or practice skills and
to interact with clients, if applicable.
4. Provide training, supervision, direction, and constructive feedback during placement.
During the course of training, the County shall provide and review all applicable CMAs
(Exhibit"A") with students and discuss appropriate levels of supervision depending on the
nature of the internship.
5. Working with the Collier County Risk Management Department, provide a realistic
appraisal of risk factors associated with the activity or location and provide appropriate
training to mitigate the risk factors.
[04-NUM-01048/124104£/1] Page 3 of 7
GC Letter of Engagement
GC233732_5
1
6. Consult with service-learning representative as needed to address/plan service-learning
activities.
7. Maintain system to document service(s)performed and hours served.
8. Sign the agreement and verification form (provided to you by the student) to verify the
student's successful completion of the service-learning activity.
9. Acknowledge status as a government agency..
Additional terms:
1. The term of this Agreement shall be two years from the date executed below. This
Agreement may be renewed for two additional one year terms with a written amendment
signed by both parties.
2. This Agreement may be terminated by either party with 30 days' prior written notice
provided the 30-day period does not interfere with a student practice experience. If the
30-day notice extends past the beginning of the term, then the 30-day notice will be
waived so long as some notice was given. In no case will the Agreement be terminated
during a practice experience, thereby allowing students currently enrolled and
participating to have the opportunity to complete the practice experience with Affiliate.
Notwithstanding the foregoing, this Agreement may be unilaterally cancelled by the
University for refusal by the Affiliate to allow public access to all documents, papers,
letters, or other materials subject to the provisions of Chapter 119, Florida Statutes, and
made or received by Affiliate in conjunction with this Agreement. Notwithstanding the
foregoing, this Agreement may be unilaterally terminated by the County based on the
University's failure to comply with the Agreement terms (the County shall be sole
determination for non-compliance), Further the County may ask for a student to be
removed from the program if a University student is in found to be violation of this
Agreement, County Policies & Procedures or Florida law; this includes being charged
with a crime.
3. PUBLIC RECORDS COMPLIANCE: By executing and entering into this Agreement,
the Contractor is formally acknowledging without exception or stipulation that it agrees
to comply, at its own expense, with all federal, state and local laws, codes, statutes,
ordinances, rules, regulations and requirements applicable to this Agreement, including
but not limited to those dealing with the Immigration Reform and Control Act of 1986 as
[04-H UM-01048/1241046/11 Page 4 of 7
GC Letter of Engagement
GC233732_5
1 6 E
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be
amended;taxation, workers' compensation, equal employment and safety (including, but
not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida
Public Records Law Chapter 119), including specifically those contractual requirements
at F.S. § 119.0701(2)(a)-(b)as stated as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING
THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS
CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT:
Communication and Customer Relations Division
3299 Tamiami Trail East,Suite 102
Naples,FL 34112-5746
Telephone:(239)252.8383
The Contractor must specifically comply with the Florida Public Records Law to:
a. Keep and maintain public records required by the public agency to perform the
service.
b. Upon request from the public agency's custodian of public records, provide the
public agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the
cost provided in this chapter or as otherwise provided by law.
c. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for
the duration of the contract term and following completion of the contract if the
Contractor does not transfer the records to the public agency.
d. Upon completion of the contract, transfer, at no cost, to the public agency all
public records in possession of the Contractor or keep and maintain public records
required by the public agency to perform the service. If the Contractor transfers
(04-HUM-01048/1241046/1] Page 5 of 7
GC Letter of Engagement
GC233732 5
all public records to the public agency upon completion of the contract, the
Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the
Contractor keeps and maintains public records upon completion of the contract,
the Contractor shall meet all applicable requirements for retaining public
records. All records stored electronically must be provided to the public agency,
upon request from the public agency's custodian of public records, in a format
that is compatible with the information technology systems of the public agency.
If Contractor observes that the Contract Documents are at variance therewith, it shall
promptly notify the County in writing. Failure by the Contractor to comply with the laws
referenced herein shall constitute a breach of this agreement and the County shall have
the discretion to unilaterally terminate this agreement immediately.
4. Notices required to be given under this Agreement shall be deemed sufficient to each
party when delivered via U.S. Mail to the party's following address:
Collier County Board of County Commissioners
do Amy Lyberg,Director Human Resources
3303 Tamiami Trail East
Naples,FL 34112
(239)252-8460
Director,Office of Student Learning
Florida Gulf Coast University
10501 FGCU Boulevard South
Fort Myers,FL 33965
5. Venue for all legal action regarding or arising out of the transaction covered herein shall
be Collier County,Florida.
[04-HUM-01048/1241046/1) Page 6 of 7
GC Letter of Engagement
0C233732_5
1 ,A: C. 1-:,. ;,
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ATTEST:
DWIGHT E.BROCK,CLERK B•A' 0 = COUNTY COMMISSIONERS OF
Cu TE r OUNTY,FLO' iv* •
Clerk '- " --ii fivrew—.- •,-, -,sr: c-
di, ...)r-% c,
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' 24 Date Attest as Q Chairman's
_ \\ZA
Date _ _
sioriatbfe only,
Approved as to Form and Legality:
egOODA-1/11P0_, _
Assistant County Atto y
OM Ifen 0. evoale
Printed Name
MfaH
Date
FLORIDA GULF COAST UNIVERSITY
BOARD OF TRUSTEES
•,C..,OlY\-"c .--612IVe---------
IKMIX Dr. Dawn Kirby
Dean of Undergraduate Studies
Date
Approved as to Forrivkd Legality:
-
avidM.Greenbaum .,,,.,yyl,,,MSSIMISAaattl=wow...raw...
Assistant General Counsel
kern# / 6 01
, i
Date
tr./.4,... ( Agenda t I c9A t 4_
Date
t -r
Rec'd
[04-HUM-01048/1241046/1] Page 7 of 7 Deputy Clerk
GC Letter of Engagement ..,----
GC233732_5