Backup Documents 06/12/2018 Item #16D 8 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 D 8
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.
**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 Co I X3\1$
4. BCC Office Board of County AS
Commissioners �(4F f.k t`-k1r2.
5. Minutes and Records Clerk of Court's Office /f ull t s 3:54-
f:54-
P
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 Matt Catoe—Melissa ennig Contact Information 239-252-4059
Contact/ Department
Agenda Date Item was 6/12/2018—16.D. Agenda Item Number 5703 6
Approved by the BCC `lo-V-
Type of Document MOU Number of Original 1
Attached Documents Attached
PO number or account
number if document is A/4-,
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 STAMP OK MC
2. Does the document need to be sent to another agency for additi'+y.:•-_ . es? If yes, MC
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 MC
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 -M
Office and all other parties except the BCC Chairman and the Clerk to the Board 3
5. The Chairman's signature line date has been entered as the date of BCC approval of the MC
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 MC
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
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! ^1
8. The document was approved by the BCC on 934412.A and all changes made during ''' N/A is not
the meeting have been incorporated in the attached document. The County an option for
Attorney's Office has reviewed the changes,if applicable. -'s line.
9. Initials of attorney verifying that the attached document is the version approved by the /A is not
BCC,all changes directed by the BCC have been made,and the document is ready for th- tt option for
Chairman's signature. this line.
1608
MEMORANDUM
Date: June 15, 2018
To: Matt Catoe, Operations Analyst
Parks & Recreation
From: Teresa Cannon, Deputy Clerk
Boards Minutes & Records Department
Re: Memorandum of Understanding w/Wetland Restoration
International
Attached is a copy of the document referenced above (Item #16D8), approved by
the Board of County Commissioners on Tuesday, June 12, 2018.
The Original is being held in the Minutes & Records Department as part of
the Board's Official Record.
If you have any questions, please contact me at 252-8411.
Thank you.
1608
MEMORANDUM OF UNDERSTANDING
Between
Wildland Restoration International
And
Collier County
This Memorandum of Understanding (MOU) is hereby entered into on the Effective Date, as
defined in ARTICLE IV, of this Agreement, by and among Wildland Restoration International,
Inc. ("WRI"); and Collier County ("County") covering reciprocal prescribed fire use and land
management activities. WRI will be utilized to provide staffing and equipment to conduct
prescribed fires and mutually agreed upon land management activities on lands administered
by the County.
ARTICLE I—BACKGROUND AND OBJECTIVES
The County owns or manages lands in southwest Florida with unique environmental and
ecological characters that include native fire dependent species of flora, fauna and wildlife. A
primary resource management objective for these lands is to restore native communities to
their natural, ecological conditions. The most effective tool for accomplishing this objective is
prescribed fire, the use of which has become increasingly difficult because of liability and
smoke management concerns, limited qualified personnel and equipment, limited number of
good burn days and limited funding. One means of dealing with these constraints is by
organizing personnel and equipment resources from WRI to conduct prescribed burning
operations on public and non-profit organization land holdings in southwest Florida.
WRI will help to accomplish natural resource management objectives on public and non-profit
organizations lands through the use of prescribed fire and additional land management
activities to include, but limited to, hardwood treatment, invasive treatment, invasive surveying, and
native understory establishment. Prescribed burning operations conducted by WRI will also
enhance burning skills of participating team members, mitigate the threat of wildfires and help
promote public understanding and acceptance of this important natural resource management
tool.
ARTICLE II—AUTHORITY
WRI may enter into this MOU based on its own internal Policies and Standard Operating
Procedures.
The County may enter into this MOU based upon authority contained in Section 125.01 (3)(a),
Florida Statutes.
1608
ARTICLE III—STATEMENT OF WORK
The two Participating Parties agree as follows:
A. COMMON RESPONSIBILITIES:
1. All prescribed burns performed under this agreement will be conducted in complete
compliance with all laws, rules and regulations regulating the use of prescribed fire; including,
but not limited to Section 590.125(3), F.S., Chapter 5I-2.006 F.A.C., and any County-specific
policies regarding prescribed burning. County specific prescribed burning policies shall be
shared among the Participating Parties.
2. Each Participating Party will be equipped with appropriate personal protective equipment
(PPE) as identified by the National Wildfire Coordinating Group or County specific policies
regarding PPE, which ever is greater. As a minimum, required PPE will include: Nomex or
100% cotton shirt and pants, hardhat, leather gloves, leather boots, goggles and fire shelter.
Each party is responsible for providing its own PPE.
3. All available equipment and personnel for this initiative will be organized into a resource
pool to be drawn from for conducting scheduled burns and land management activities. The
number of resources drawn from the pool will be based on previously established needs listed
in the burn prescription.
4. The Participating Parties will develop a Prescribed Burning Operations Plan that includes
but is not limited to a prioritized list of burn units, assistance in development of burn
prescriptions for each unit, a proposed burning schedule and anticipated resource needs. The
plan will be flexible in order to meet changing weather conditions, work priorities of the
Participating Parties and unforeseen budgetary constraints.
5. The County will assume all responsibilities for prescribed burns and other land management
activities conducted on its property or property for which it has management authority. This
includes, but is not limited to, preparing burn prescriptions (including smoke screening plans),
preparing the site for burning, obtaining the burn authorization and managing the burn. Burn
prescriptions and burn unit maps will be provided to all participating personnel. Safety and
operational briefings will be conducted prior to ignition. The County will have its own
Certified Burn Manager in charge of the burn.
6. For purposes of making workers' compensation claims, personnel dispatched by WRI for
the benefit of the County will be considered as employees of WRI. WRI will instruct their
respective employees to act under the direction of the County when so dispatched. When
personnel of WRI are working for the benefit of the County, the County shall provide or
arrange for immediate medical treatment of any injuries which may be incurred at the scene of
the prescribed fire.
7. It shall be the goal that WRI will participate in at least two prescribed burns per year and
perform additional land management activities agreed upon by both Participating Parties.
Participation includes providing available personnel and equipment to the burn operations.
2
0
1608
WRI personnel agree to work under the direction of the County or its designee(s) and will
perform their duties in a safe and efficient manner.
8. Escaped prescribed fires will be immediately and aggressively suppressed using
appropriate tactics.
9. Personnel and equipment directories will be shared with each of the Participating Parties.
Personnel information will include fire qualifications. Successful completion of Red Card
training and federal pack testing are required before WRI can participate in prescribed burning
operations on federal lands. This requirement does not preclude participation by trainees in
pursuit of Red Card Certification. Trainees must be in addition to the minimum number of Red
Card Certified personnel for a burn prescription.
10. Participating Parties may have qualified instructors who can conduct a variety of courses
pertaining to prescribed fire. Information on available training opportunities will be made
available to each participating party as needed.
11. Participating Parties are encouraged to involve trainees in prescribed burning operations.
In all cases, however, such persons will be identified as trainees and will work under the direct
supervision of qualified personnel.
B. COMMUNICATIONS:
1. All radio communications will be made using clear text. Ten Codes and Signals will not be
used.
2. All Participating Party personnel will be equipped with a functional portable radio during
burn operations.
C. PUBLICITY & MEDIA RELATIONS:
Public relations and media contacts associated with burn operations on land managed by the
County will be handed by the County. During media events, every effort will be made to
promote the cooperative, inter-County nature of any burn being supported by WRI.
D. FINANCIAL ARRANGEMENTS:
1. Prescribed burning assistance and additional land management activities conducted under
this MOU will not be reimbursable to any Participating Party unless otherwise provided in this
agreement. Each Participating Party will absorb the costs incurred by it in performing tasks
associated with this initiative.
2. Any rented or contracted resources (equipment or personnel) will be paid for by the
Participating Party ordering those resources.
3
1608
ARTICLE IV—TERM OF AGREEMENT
This MOU shall be effective on the date when the last of the two Participating Parties sign the
MOU (hereinafter referred to as the "Effective Date") and shall terminate five (5) years from
said Effective Date unless terminated earlier, as provided in Article VIII-of this MOU. The
terms of this MOU may be extended for an additional five (5) year period if warranted and
agreed to in writing by all Participating Parties. Participating Parties agree to meet annually
during the month of July to update the appropriate sections (such as contact phone numbers,
personnel, equipment, etc.).
[Remainder of page left blank intentionally. Article V follows immediately.]
4 � '
1608
ARTICLE V—KEY OFFICIALS
Collier County Wildland Restoration International
Alexandra Sulecki Bob Bale
Conservation Collier President
3300 Santa Barbara Blvd. PO Box 1983
Naples, FL 34112 Duxbury, MA 02331
(239) 252-2961 (781) 361-9711
ARTICLE VI—PRIOR APPROVAL
Not applicable
ARTICLE VII—REPORTS AND OTHER DELIVERABLES
Each Participating Party will furnish to the other or make available upon request, any maps,
documents, instructions, records and reports, including fire reports which the requesting party
considers necessary in connection with this MOU. Provisions of such information shall be the
subject of rules and regulations of the State of Florida.
ARTICLE VIII—MODIFICATION AND TERMINATION
1. This MOU may be modified only by a written instrument executed by all Participating
Parties.
2. Any Participating Party may terminate its participation in this MOU, without cause, by
giving thirty (30) days advance written notice, of such termination, to the other Participating
Party. Such advance written notice shall be by Certified United States Mail, Return Receipt
requested, addressed to each of the "Key Officials" named in Article V, of this MOU. In the
event that any Participating Party provides the other Participating Party with notice of
termination, the Participating Parties may meet promptly, in the sole discretion of the
Participating Party which served notice of termination, to discuss the reason for the notice and
to try to resolve their differences, if any, amicably.
ARTICLE IX- STANDARD CLAUSES
1. During the performance of this agreement, the Participating Parties will not discriminate
against any person because of race, color, religion, sex or national origin. The Participating
Parties will take affirmative action to ensure that applicants are employed without regard to
their race, color, sexual orientation, national origin, disabilities, age or sex.
5
1608
2. The Participating Parties shall not publicize or otherwise circulate promotional materials
(such as advertisements, sales brochures, press release, speeches, still or motion pictures,
articles, manuscripts or other publications) which state or imply governmental, or government
employee endorsement of any product or service.
3. Each Participating Party hereto agrees to be responsible for the acts of its own employees,
agents, or representatives to the extent permitted by law. As more particularly specified in
Article X below, and notwithstanding any provision of this MOU to the contrary, no
Participating Party hereto, which benefits from sovereign immunity, waives it's sovereign or
governmental immunity under section 768.28 F.S., or any other immunity provisions.
ARTICLE X—INDEMNIFICATION/INSURANCE
Each Participating Party (Indemnifying Party) shall hold harmless and indemnify the other
Participating Party (Indemnified Party), their directors, officers, employees,representatives and
agents against any damages, liabilities, losses and costs, including, but not limited to,
reasonable attorneys' fees, to the extent caused by the negligent acts and/or omissions of the
Indemnifying Party in the performance of this MOU or the work or services performed
thereunder; provided however that if the Indemnifying Party is a public entity subject to
Section 768.28, Florida Statutes, such Indemnifying Party's agreement to indemnify and hold
harmless the Indemnified Parties shall be subject to the provisions and the limitations of
Section 768, Florida Statutes;provided further, with respect to Indemnifying Parties which are
public entities, subject to Section 768.28, Florida Statutes, this Indemnification shall not be
construed as a further waiver of the limited legislative waiver of Sovereign Immunity in
Section 768.28, Florida Statutes, as authorized by Article 10, Section 13, Constitution of the
State of Florida (1968 Revision). This indemnification agreement is separate and apart from,
and in no way limited by, any insurance provided pursuant to this MOU or otherwise. It is
clearly understood that nothing under the terms of this MOU shall render one (1) party to this
MOU liable for property damages or personal injury resulting from any activities of the other
party to this MOU. Notwithstanding anything in this MOU to the contrary, the Participating
Parties agree that WRI's indemnification obligation under this Article X shall be limited to the
same extent the other Participating Party's obligations are limited by virtue of their status as
public entities, provided however, WRI must obtain and maintain, during the term of this
Agreement the following types of insurance in the specified coverages:
Workers' Compensation Florida Statutory Coverage
Employers' Liability(including $100,000 Each Accident
appropriate Federal Acts) $500,000 Disease/Policy Limit
$100,000 Each Employee/Disease
Commercial General Liability $1,000,000 General Aggregate
(Including Premises Operations $1,000,000 Per Occurrence
and Blanket Contractual Liability)
Automobile Liability $300,000 Combined Single Limit
(All automobiles- owned, hired or non-owned)
6
0
1608
ARTICLE XI - CONSTRUCTION
Both Participating Parties acknowledge that they have had meaningful input into the terms and
conditions contained in this MOU. Therefore, any doubtful or ambiguous provisions contained
herein shall not be construed against the Participating Party who physically prepared this
MOU. The rule sometimes referred to as "Forties Contra Proferentum" shall not be applied to
the interpretation of this MOU.
ARTICLE XII—ENTIRE AGREEMENT/AMENDMENT
This MOU represents the entire agreement by and between the Participating Parties with
respect to prescribed burns. No representation, understanding, statement, agreement, course of
conduct or course of action, by the Participating Parties, or by their representatives, that is not
in this MOU shall be binding. This MOU may be amended only by written instrument, signed
by the authorized representatives of the parties.
IN WITNESS WHEREOF the parties, by and through their authorized representatives
have executed this MOU on the day and year first above written.
APPROVED BY:
ATTEST:.. COLLIER C 0 0 NT
DWiGT T E.B • K, CLERK /
I•� A / irt. By: A A
!�i 1+i': s �Y CLERIC • v Andy So is,Chairman
��'"��t as to �
signature onlv.. .-'.
Approved fbi~form and legality: Date_ Co I t a`'\S
Jennifer A. Belpedio
Assistant County Attorney "
WILDLAND RESTORATION INTERNATIONAL, INC.
„o,,.
By:
Title: President l D C)
item#
Date: March 29, 2018
AcoDate a J/�r18
Cate in/
Cate 9 fr 1 l�
k 7