Backup Documents 09/26/2017 Item #11H ORIGINAL DOCUMENTS CHECKLIST & ROUTING SI4P U
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO n
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routii;. ,iti,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 JAK -944647-
.
4. BCC Office Board of County
Commissioners \f lcS c k ..4
5. Minutes and Records Clerk of Court's Office
`aA x---13.t-PP44
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 Nick Casalan uida,Deputy County Phone Number 252-8383
Contact/Department Manager
Agenda Date Item was 9/26/17 Agenda Item Number 11-H
Approved by the BCC
Type of Document Interlocal Agreement Number of Original Two
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 JAK
2. Does the document need to be sent to another agency for additional signatures? If yes, JAK
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 JAK
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 JAK
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 JAK
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 JAK
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip JAK
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 9/26/17 and all changes made during the JAK N/A is not
meeting have been incorporated in the attached document. The County Attorney's an option for
Office has reviewed the changes,if applicable. s line.
9. Initials of attorney verifying that the attached document is the version approved by the ,' N/ is not
BCC,all changes directed by the BCC have been made,and the document is ready for the option for
Chairman's signature. is line.
[04-COA-01081/1344830/111: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
11H
MEMORANDUM
Date: September 29, 2017
To: Nick Casalanguida, Deputy County Manager
Office of the County Manager
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Interlocal Agreement between the Board of County Commissioners
and Everglades City for County assistance, manpower, and funds
for the City in response to damages caused by Hurricane Irma
Attached for your records is an original copy of the document referenced above,
(Item #11H) approved by the Board of County Commissioners September 26, 2017
The second original has been held by the Minutes and Records Department for the
Board's Official Record.
If you have any questions, please contact me at 252-8406.
Thank you.
Attachment
1111
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, (the "Effective
Date") is by and between the Board of County Commissioners of Collier County, Florida,
and the City of Everglades City for the purpose of the County providing assistance,
manpower and finding to the City of Everglades City in response to the extensive
damage within and 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
section 163.01, et seq., Florida Statutes, and is further authorized pursuant to the parties'
respective home rule powers granted by the Florida Constitution.
RECITALS
WHEREAS, in anticipation of Hurricane Irma's approach to Florida,the Governor
of the State of Florida through Executive Order 17-235 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 substantial damage and devastation to the City, its property and
infrastructure; and its property owners and residents, and their property;and
WHEREAS, the City, by and through its mayor, previously has requested the
County to assist the City in its recovery efforts from Hurricane Irma, which the County
has been doing; and
WHEREAS, the Collier County Board of County Commissioners has reviewed
the City's request, and hereby makes a finding that there was and is a valid public
purpose in assisting the City, its property owners and its residents in recovery efforts from
this natural disaster, in order to provide for and protect the public health, safety and
welfare.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and 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. Services provided by the County. The Board of County Commissioners hereby
ratifies all actions taken by County staff and personnel in providing aid and assistance to
the City, including but not limited to technical services and the procurement of materials
1
1 1H
and services. As soon as possible, the County will further provide both financial
assistance and technical services to the City as requested by the City in writing and 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 by the City and exigent
circumstance require the ability to immediately address issues that affect public health,
safety and welfare. Accordingly, the Board of County Commissioners hereby delegates
to the County Manager the authority, providing the County Manager's actions are in
compliance with and in conformance with the County's Procurement Ordinance and
Procurement Manual, to approve contracts or agreements of less than $50,000, and
hereby authorizes the County Manager to make any and all staffing decisions related to
providing technical assistance to the City. All contracts, agreements and expenditures in
excess of$50,000 must first be approved by the Board in compliance with the County's
Procurement Ordinance and Procurement Manual. The County Manager will provide the
Board with an ongoing detailed itemized report of all contracts, agreements and
expenditures made, as well as a report outlining staff time and efforts related to the
recovery.
3. Repayment by the City. Following the conclusion of the recovery efforts, the
County will provide the City with a detailed 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.
4. Term and Option to Terminate for Convenience. The term of this Agreement
shall commence upon the Effective Date 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.
5. Indemnification. To the extent authorized and permitted by law and without
waiver of the right of the City to claim immunity under Section 768.28, Florida Statutes,
and without extending or altering the City's liability beyond the limits established in
Section 768.28, Florida Statutes (see Attorney General's Opinion 2000-22, AGO 99-56),
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 reasonable
attorney's fees, to any person or property which may result now or in the future from
County's efforts in providing this assistance to the City under this Agreement, excepting
only the negligence or willful misconduct of the County, its officers, agents, and
employees. 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 own choice, at its
own expense and at the County's option.
2
l
6. Governing Law, Dispute Resolution and Severability. 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.
7. 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.
8. 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 the County: To the City:
Collier County Manager's Office City Clerk's Office
3299 Tamiami Trail East, Suite 202 102 Copeland Ave. North
Naples,FL 34112-5746 Everglades City,FL 34139
Phone: (239)252-8383 Phone: (239) 695-3781
9. 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
3
11H . ,
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 of September, 2017, by the Collier County Board of
County Commissioners.
ATTEST: „ Collier County Board of County
Dwi f`EliIroc, ;Clerk Commissi,ne
iip
By: CLtk* a + OC . BY: ///✓L�
. . 4 = u�;�uty Clerk Penny Taylosv airwom: ,
Attest as to i : an
App 1 . t' Siiand legality
for the • 11.,./„..:
. .
Jeffrey',. T latzkow
Countytt .'ney
ATTEST: City of Everglades City
10A - , n
By: I•- 4400s.,`s -1 C , B1, 0,,,LCL.14.f
Dottie Joiner, Cierk Howell urimm Jr.,Mayor
City of Everglades City
Approved as to form and legal sufficiency
for the City:
City Attorney for the City of Everglades City
4