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Agenda 09/26/2017 Item #11H09/26/2017 EXECUTIVE SUMMARY Recommendation to approve an interlocal agreement between the Board of County Commissioners of Collier County, Florida, and the City of Everglades City (Everglades City) for the purpose of the County providing assistance, manpower, and funding to the City in response to the extensive damage to Everglades City caused by Hurricane Irma. OBJECTIVE: To provide emergency assistance to Everglades City in order to support the expedited stabilization and recovery of the City. CONSIDERATIONS: In anticipation of Hurricane Irma’s approach to Florida, the State of Florida declared a State of Emergency on September 4, 2017; Collier County declared a State of Emergency on September 6, 2017; and the City of Everglades declared a State of Emergency on September 5, 2017. On September 10, 2017, Hurricane Irma struck the Everglades City, causing unprecedented devastation to the City’s infrastructure, commercial businesses, and residences. The direct impact of Hurricane Irma has overwhelmed the City’s ability to independently manage the recovery efforts without assistance. Teams from the Florida Department of Emergency Management (FDEM), the Federal Emergency Management Agency (FEMA), U.S. Army Corps of Engineers (USACE), and the Collier County Bureau of Emergency Services (CCBES) have coordinated their efforts with the City staff. As Everglades City moves forward with stabilization and recovery efforts, specialized expertise will be needed to coordinate with FDEM, FEMA, and the USACE. Additionally, Everglades City will need local assistance for services Collier County routinely delivers, and has asked the Collier County for assistance. Collier County recognizes that Everglades City is a unique and valuable part of our community and is prepared to offer this assistance through an interlocal agreement. The agreement attached will allow the County Manager or his designee to expend resources below $50,000 administratively and allow expenditures above $50,000 with Board approval. These expenditures will be accounted for and submitted for reimbursement through FEMA. Any expenditures that are not reimbursable will be billed to Everglades City. Total expenses will be limited to $250,000 unless otherwise approved by the Board. FISCAL IMPACT: Funds in the amount of $250,000 are available from existing General Fund appropriations. GROWTH MANAGEMENT: There is no conflict with the Growth Management Plan. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for approval. -JAK RECOMMENDATION: That the Board approves an interlocal agreement between the Board of County Commissioners of Collier County, Florida, and Everglades City for the purpose of the County providing assistance, manpower, and funding to the City in response to the extensive damage to Everglades City caused by Hurricane Irma. Prepared by: Nick Casalanguida, Deputy County Manager 11.H Packet Pg. 502 09/26/2017 ATTACHMENT(S) 1. Interlocal Agreement Everglades City (PDF) 11.H Packet Pg. 503 09/26/2017 COLLIER COUNTY Board of County Commissioners Item Number: 11.H Doc ID: 3784 Item Summary: Recommendation to approve an interlocal agreement between the Board of County Commissioners of Collier County, Florida, and the City of Everglades City (Everglades City) for the purpose of the County providing assistance, manpower, and funding to the City in response to the extensive damage to Everglades City caused by Hurricane Irma. Meeting Date: 09/26/2017 Prepared by: Title: Executive Secretary to County Manager – County Manager's Office Name: MaryJo Brock 09/20/2017 3:28 PM Submitted by: Title: County Manager – County Manager's Office Name: Leo E. Ochs 09/20/2017 3:28 PM Approved By: Review: Budget and Management Office MaryJo Brock Additional Reviewer Skipped 09/20/2017 3:39 PM Office of Management and Budget MaryJo Brock Level 3 OMB Gatekeeper Review Skipped 09/20/2017 3:28 PM County Attorney's Office MaryJo Brock Level 3 County Attorney's Office Review Skipped 09/20/2017 3:58 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 09/20/2017 4:39 PM Board of County Commissioners MaryJo Brock Meeting Pending 09/26/2017 9:00 AM 11.H Packet Pg. 504 1 INTERLOCAL AGREEMENT By and Between the City of Everglades City and Collier County Relating to Disaster Recovery from Hurricane Irma This Interlocal Agreement, dated this 26th day of September, 2017, is by and between the Board of County Commissioners of Collier County, Florida,and the City o f Everglades City for the purpose of the County providing assistance, manpower and funding to the City of Everglades City in response to the extensive damage to the City caused by Hurricane Irma. This Agreement is entered into pursuant to the provisions of the Florida Interlocal Cooperation Act of 1969, set forth in §163.01, et seq., Fla. Stat., and is further authorized pursuant to the pa home rule powers granted by the Florida Constitution. RECITALS WHEREAS, declared a State of Emergency on September 4, 2017; Collier County declared a State of Emergency on September 6, 2017; and the City of Everglades City declared a State of Emergency on September 5, 2017; and WHEREAS, on September 10,2017,Hurricane Irma struck the City of Everglades City, causing unprecedented devastation to the City and its residents; and WHEREAS, the City has requested the County to assist its recovery efforts from Hurricane Irma, which the County has been doing; and WHEREAS, request, and hereby makes a finding that there is a valid public purpose in assisting the City and its resident in its recovery efforts from this natural disaster. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: 1. Recitals.The parties acknowledge that all of the Recitals set forth above are true and correct and are hereby expressly incorporated and made a part of this Agreement. 2. Effective Date. The effective date of this Agreement is September 26, 2017. 3. Services provided by the County. As soon as possible, the County will provide both financial assistance and technical services to the City as agreed upon by the parties to assist the City in its recovery. It is currently unknown as to the extent of the financial assistance and services needed. Accordingly, the Board of County Commissioners hereby delegates the decision to make any and all expenditures less than $50,000 to the County Manager, as well as any and all staffing issues related to technical assistance to the City. All expenditures in excess of $50,000 must first be approved by the Board in compliance with the Procurement Ordinance. The County Manager 11.H.1 Packet Pg. 505 Attachment: Interlocal Agreement Everglades City (3784 : City of Everglades City Interlocal Agreement) 2 will provide the Board with an ongoing itemized report on all expenditures made, as well as a report outlining staff time and efforts related to the recovery. 4. Repayment by the City. Following the conclusion of the recovery efforts, the County will provide the City with an invoice outlining all actual costs incurred by the County, including staff time, starting from the commencement of the recovery on or about September 11, 2017. The City will repay the County, without interest, if and when the City is able to do so. There is no deadline on when payments must begin. 5. Term and Option to Terminate for Convenience. T he term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire March 31, 2018,unless renewed by both parties. At any time during the Term of this Agreement, either party may terminate this Agreement for convenience and without cause, upon giving thirty (30) days' written notice to the other party. Any obligations of either party accruing during the term of this Agreement shall survive such termination. 6. Indemnification.To the extent authorized by law, the City agrees the City shall indemnify, defend and hold harmless the County, its officers, agents, and employees, from and against any and all actions, in law or in equity, from liability or claims for damages, injuries, losses, and expenses including attorney's fees, to any person or property which may result now or in the In defending the County from any indemnified claim, the City shall not settle any such claim without first receiving the consent of the County, such consent not to be unreasonably withheld or delayed. The County shall also have the right to participate in its own defense against any indemnified claim with counsel of their 7.Governing Law and Dispute Resolution.This Agreement shall be governed by and construed under the laws of the State of Florida. In the event of any dispute under this Agreement, the parties shall attempt to resolve such dispute first by non-binding mediation, with each party paying equal costs for the mediation, prior to commencing any formal action or procedure. In the event any part of this Agreement is determined to be unenforceable by a court of competent jurisdiction, said ruling shall not invalidate the remaining parts of the Agreement. 8. Amendment and Assignment. This Agreement can only be amended, assigned or extended by mutual written consent of the parties hereto with the same formalities as it was executed. 9. Notice. All notices and other communications required hereunder shall be in writing and shall be sent by Certified Mail, return receipt requested, or by a nationally recognized overnight delivery service, and addressed as follows: To Collier County Collier County Manager's Office 3299 Tamiami Trail East, Suite 202 Naples, FL 34112-5746 To the City: 11.H.1 Packet Pg. 506 Attachment: Interlocal Agreement Everglades City (3784 : City of Everglades City Interlocal Agreement) 3 Phone: (239) 252-8383 10. Merger and Integration Clause. This Agreement constitutes the entire agreement between the parties with respect to the matters noted herein. All prior representations, undertakings, and agreements by or between the parties hereto with respect to the subject matter of this Agreement are merged into, and expressed in, this Agreement, and any and all prior representations, undertakings, and agreements by and between such parties with respect thereto, are hereby canceled. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Remainder of Page Intentionally Left Blank. Signature Pages to Follow 11.H.1 Packet Pg. 507 Attachment: Interlocal Agreement Everglades City (3784 : City of Everglades City Interlocal Agreement) 4 IN WITNESS WHEREOF, the parties hereto authorize this Agreement and affix their hand and seal this _____ day of September, 2017,by the City Council of the City of Everglades City, and this _____ day o f September, 2017,by the Collier County Board of County Commissioners. ATTEST:Collier County Board of County Dwight E. Brock, Clerk Commissioners By: __________________________By: __________________________ , Deputy Clerk Penny Taylor, Chairwoman Approved as to form and legality for the County: Jeffrey A. Klatzkow County Attorney ATTEST:City of Everglades City By: __________________________By: __________________________ Dottie Smallwood, City Clerk Howell Grimm Jr., Mayor City of Everglades City Approved as to form and legal sufficiency for the City: City Attorney for the City of Everglades City 11.H.1 Packet Pg. 508 Attachment: Interlocal Agreement Everglades City (3784 : City of Everglades City Interlocal Agreement)