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Agenda 01/12/2010 Item #16F 1 Agenda Item No. 16F1 January 12, 2010 Page 1 of6 EXECUTIVE SUMMARY Recommendation to approve a Memorandum of Understanding between Collier County Board of County Commissioners and the Collier County School District regarding disaster recovery in the Immokalee area utilizing the Immokalee Technical Center. OBJECTIVE: That the Board of County Commissioners approves a Memorandum of Understanding with the Collier County School Board for disaster recovery in the Immokalee area. This Understanding is in conjunction with the present Inter-Local Agreement between the Collier County District School Board and the Board of County Commissioners outlining participation and cooperation with facilities, use of equipment and personnel during emergencies in assistance to the County. - CONSIDERATIONS: The purpose of this Understanding is to provide for cooperation and coordination between Collier County, the Collier County District School Board, and the Immokalee Recovery and Coordination Center Team in carrying out their joint responsibility to serve the citizens of Collier County after hurricanes, or other emergencies, as determined by the County, by coordinating the use of school buildings, equipment and staffing thereof. FISCAL IMPACT: The County may be liable for any cost for loss or damage to the District School Board during an emergency under this agreement. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact resulting from this action, LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office and is legally sufficient-JBW. RECOMMENDATION: That the Board of County Commissioners approves and authorizes the chairman to sign the Memorandum of Understanding with the Collier County District School Board for disaster recovery. Prepared By: Christine Chase, Sr. Administrative Assistant, Bureau of Emergency Services - ,,--- Agenda Item No, 16F1 January 12, 2010 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16F1 Recommendation to approve a Memorandum of Understanding between Collier County Board of County Commissioners and the Collier County School District regarding disaster recovery in the Immokalee area utilizing the Immokalee Technical Center. Meeting Date: 1/12/20109:00:00 AM Prepared By Christine Chase Sr Administrative Assistant Date Emergency Management Emergency Management 12/28/200912:51:28 PM Approved By Jennifer White Assistant County Attorney Date County Attorney County Attorney 12/28/20094:21 PM Approved By Dan E. Summers Director of Emergency Services Date Bureau of Emergency Bureau of Emergency Services and Services and Emergency 12/29/2009 1: 56 PM Emergency Management Management ~"-. Approved By Jeff Klatzkow County Attorney Date 12/29/20093:08 PM Approved By Laura Davisson Management & Budget Analyst Date County Manager's Office Office of Management & Budget 12/30/20098:58 AM Approved By John A. Yonkosky Director - Management and Budget Date Office of Management & Budget Office of Management & Budget 12/30/20099:10 AM ,,- , _.,,-~--"^,---- --_._-~- , - Agenda Item No, 16F1 January 12, 2010 Page 3 of 6 MEMORANDUM OF UNDERSTANDmG This MEMORANDUM OF UNDERSTANDING is made by and between the Board of County Commissioners of Collier County, Florida, as the Goveming Body of Collier County and the District School Board of Collier County, as the governing body for Imrnokalee Technical Center, hereinafter referred to as (ITECH)as of this_ day of ,2009. WHEREAS: (A) Collier County Public Schools is the owner of record of DISTRICT SCHOOL BOARD OF COLLIER COUNTY located at 508 North 9th Street, lmmokalee FL, 34142; (B) Upon a "Twenty-Four Hours Verbal Notice" DISTRICT SCHOOL BOARD OF COLLIER COUNTY has agreed to allow the Collier County Emergency Management Department (EMD), a representative of the Board of County Commissioners, and the representatives of Immokalee Recovery and Coordination Center Team (IRCq to enter upon and utilize the Northeast wing of the Administrative offices including rooms 1-104, 1-116, I-II7, 1-118, herein after referred to as tile Administrative Offices, in order to conduct post- disaster activities from either natural or manmade occurrences. NOW, THEREFORE, DlSTRICT SCHOOL BOARD OF COLLIER COUNTY hereby grants to EMD the right to occupy and utilize the Administrative Offices under the terms of this Memorandum of Understanding "MOU" and under the following conditions: I. Thcre will be no exchange of monetary compensation for this usage until such time as a Federal Disaster Declaration is enacted. 2. EMD as well as EMD's assignees, agents, employees are permitted non-exclusive use of the Property. 3. DlSTRICT SCHOOL BOARD OF COLLIER COUNTY further agrees that all rights and title to any alterations, additions and improvements made to the Property during the term of occupation shall vest in District School Board of Collier County upon installation, shall not be removed and shall rernain on the Property_ 4. EMD shall not cause or allow any Lis Pendens, construction, labor, mechanic's or materialman's lien to be filed against the Property, the DISTRICT SCHOOL BOARD OF COLLIER COUNTY or the DISTRICT SCHOOL BOARD OF COLLIER COUNTY's real ar personal prop", ly. In the event of the filing of any lien, or any other charge whatsoever against the Property, the SWFWBD or its property, EMD shall immediately lake all necessary action to secure the release of same and shall provide, at EMD's expense, all bonds, security or undertakings to accomplish the release of such liens. EMD agrees to indrnmi(y and hold the DISTRICT Agenda Item No. 16F1 January 12, 2010 Page 4 of6 SCHOOL BOARD OF COLLIER COUNTY harmless from all liability, damages associated with this provision, expense and costs including reasonable attorney's fees, 5. DISTRICT SCHOOL BOARD OF COLLIER COUNTY is under no obligation to provide security to the Property. EMD may, at its sole expense, employ security personnel or maintain alarm systems. 6. EMD shall pay for all utilities with respect to the Property or the occupancy thereof, including v.ithout limitation, ail COSls of electric, water, sewer, trash pick up, refuse removal. telephone and other services for the term of occu.pancy. EMD shall have the privilege, at its e},"pense, to access. the water, stonn water management, electrical, and phone utility service facilities during the t eUll of occupancy. ShouldEMD operations require additional service facilities, EMD shall, at its expense, extend such facilities to the Property and pay the cost for all labor and materials. DISTRICT SCHOOL BOARD OF COLLIER COUNTY's obligation under this provision shall be limited to the facilities presently constructed as of the effective date oftbis MOV. ." 7. EMD agrees that it will not allow any signs, cards or placards to be posted or placed on the Property except signs acceptable to the DISTRICT SCHOOL BOARD OF COLLIER COUlIrlY. All signs shall be approved in advance by the DISTRICT SCHOOL BOARD OF COLLIER COUNTY, and shall conform 'Ivith all ordinances of Collier County and 5hall not extend above or beyond the extension of the walls and ceilings of the buildings constructed on the Property. 8. EMD shall not commit, not suffer to be committed, any waste on the Property, including physical damage to the Property, either negligent, intentional, or fail to repair and maintain the Property. 9. Throughout the term of occupancy, EMD shall .keep and maintain, at its own cost and expense, the Property and any improvements, fuctures, equipment. or landscaping thereon, in good order and repair. EMD shall make all necessary repairs thereto, including, ....oithout limitation, all structural and non-Structural repairs, including repairs to building interior, building exterior, paving, site improvements. fixture, facilities and equipment, and shall replace ail broken glass. AU painted exterior surfaces and surfaces requiring treatment of any kind must be maintained in good condition and must be repainted or treated when reasonably requircd to preserve the Structure and to maintain high standards of appearance. In the event EMD fails to promptly undertake and satisiY the obligations imposed herein within ninety (90) days of written notice by DISTRICT SCHOOL BOARD OF COLLIER COVNTY to EMD, DISTRICT SCHOOL BOARD OF COLLIER COUNTY shall have the right to affect such repairs and recover those costs and expenses from EMD. r ,--.----..-..-----..--.-,- __ .__.._._~~,~,_~".~~,___.__.~._~.' 'om___ --- Agenda Item No. 16F1 January 12, 2010 Page 5 of 6 IO. Each party shall be liable for its own actions and negligence and, to the extent pennitted by law, EMD shall indemnify, defend and hold harmless DISTRICT SCHOOL BOARD OF COLLIER COUNTY against any actions, claims or dam'lges arising out of EMD's negligence in connection with this Agreement, and DISTRICT SCHOOL BOARD OF COLWER COUNTY shall indemnify, defend and hold harmless EMD against any actions, claims, or damages arising out of DISTRICT SCHOOL BOARD OF COl.LIER COUNTY's negligence in connection ""1th this Agreement. The foregoing indemnification shaD not constitute a waiver of so\'ereign immunity beyond the limits set forth in Section 768,28, Florida Statutes, nor shall the same be construed to constitute agreement by either party to indemnify the other party for such other party's negligent, willful Dr intentional acts or omissions. EMD Uses: The Administrative Offices will be Occupied post Disaster by a collective team of government employees and volunteers with the e.xpress purpose of conducting coordination and recovery activities post Event. The designated name of this team is the ImmokaJee Recovery and Coordination Center IfRCe) and their primary pUrpose is to collect real time data on Immokalee recovery needs rmd ensure that the information is forwarded to the CQllier County Emergency Operations Center. In addition, the team 1><111 be joined approximately 72 hours post Event by FEMI\ and SBA representatives. This MOU may be revised as necessary by mutual consent of all parties by issuance of a written amendment or revised MOU, signed and dated by all parties, Any party rnay terminate this Memorandum of Understanding by providing sixty (60) days written notice. Unless tenninated by written notice, this Mernorandum of Understanding will remain in force. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding as of the last date written below. This Memorandum of Understanding is signed by the parties this day of _. , 2009 THE SCHOOL DISTRlCT OF COLLIER COUNTY, FLORIDA Bv: - PAT CARROLL, Chairperson Attest: - - Agenda Item No, 16F 1 January 12, 2010 Page 6 of 6 -" School Board Attorney Approval: DENNIS TIIOMPSON, Superintendent By: Jon Fishbane, Attorney for the School District Date: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA , DEPUTY CLERK By: DONNA FIALA, CHAIRMAN , Approval for form and legal Sufficiency: ~~\.,) \....:k Jennifer B. White Assistant County Attorney ,,'~' . .... ,",.__"._~_.~.w_., , _.-...___,~.",__c__.~,.,____"__.,. -- ",......_...'_~"......... __,_u ---, Patricia L. Morgan From: Sent: To: Subject: Attachments: brock_m [MaryBrock@colliergov.net] Thursday, January 07,201011 :02 AM Bodine, Judi; BarbeUa Hutchinson; Allen, Debbie; Patricia L. Morgan; Ian Mitchell; Filson, Sue FW: Copy of MEMORANDUM OF UNDERSTANDING Draft 1040607 (2) (2) (3) Copy of MEMORANDUM OF UNDERSTANDING Draft 1040607 (2) (2) (3).doc Please see revised MOU that goes with agenda item 16Fl. Thank you, Mary-Jo (Judi...just an FYI so you know everyone got copies. I already took care of Leo and Mike's books) From: scribner.j Sent: Thursday, January 07,2010 10:57 AM To: bodinejudi Cc: brock_m; ChaseChristine Subject: FW: Copy of MEMORANDUM OF UNDERSTANDING Draft 1040607 (2) (2) (3) Judi, per direction from Mary Jo, I am sending this MOU with changes along to you to see if it can be put in Novus. The first effort needed to be amended because of a bit of a problem with the legal language. Please let me know if this is all you need or if something should be done. Thanks, Judy Judy Scribner Collier County Emergency Management Human Services Program Manager 8075 Lely Cultural Pkwy Naples, FI. 34113 iudyscribner@colliergov.net 239-252-3600 X 3608 If you choose to share personal information with Collier Bureau of Emergency Services and Emergency Management and its Departments and Divisions by using an e-mail message, we will use the information only for the purpose necessary to conduct government business with you. However, under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public-records request, do not send electronic mail to this agency. Instead contact the office or individual by phone or in writing, In addition, any information you prOVide may be saved for a designated period of time to comply with Florida's archiving policies and may be subject to disclosure as required by State or Federal law, Please note that Florida's public records law requires that all information received in connection with state business be made available to anyone upon request, unless the information is subject to a speCific statutory exemption, From: whitejennifer Sent: Wednesday, January 06, 2010 10:30 AM To: LaBute, Michele; Reid, Phillip; Fishbane, Jon Cc: scribner.j Subject: FW: Copy of MEMORANDUM OF UNDERSTANDING Draft 1040607 (2) (2) (3) Here you go! Revisions are highlighted. Jennifer Under Florida Law, e...mail addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. ",*~ulsecQ +- MEMORANDUM OF UNDERSTANDING This MEMORANDUM OF UNDERSTANDING is made by and between the Board of County Commissioners of Collier County, Florida, as the Governing Body of Collier County and the District School Board of Collier County, as the goveming body for Immokalee Technical Center, hereinafter referred to as (!TECH) as of this day of , 2010. WHEREAS: (A) The District School Board of Collier County is the owner of record of !TECH located at 508 North 9th Street, Immokalee FL, 34142; (B) Upon a "Twenty-Four Hours Verbal Notice" DISTRICT SCHOOL BOARD OF COLLIER COUNTY has agreed to allow the Collier County Emergency Management Department (EMD), a representative of the Board of County Commissioners, and the representatives of Immokalee Recovery and Coordination Center Team (IRCe) to enter upon and utilize the Northeast wing of the !TECH Administrative offices including rooms 1-104, 1-116, 1-117, 1- 118, herein after referred to as the Administrative Offices, in order to conduct post-disaster activities from either natural or manmade occurrences. NOW, THEREFORE, DISTRICT SCHOOL BOARD OF COLLIER COUNTY hereby grants to EMD the right to occupy and utilize the Administrative Offices under the terms of this Memorandum of Understanding "MOU" and under the following conditions: I. There will be no exchange of monetary compensation for this usage until such time as a Federal Disaster Declaration is enacted. 2. EMD as well as EMD's assignees, agents, employees are permitted non-exclusive use of the Property. 3. DISTRICT SCHOOL BOARD OF COLLIER COUNTY further agrees that all rights and title to any alterations, additions and improvements made to the Property during the term of occupation shall vest in District School Board of Collier County upon installation, shall not be removed and shall remain on the Property. 4. EMD shall not cause or allow any Lis Pendens, construction, labor, mechanic's or materialman's lien to be filed against the Property, the DISTRICT SCHOOL BOARD OF COLLIER COUNTY or the DISTRICT SCHOOL BOARD OF COLLIER COUNTY's real or personal property. In the event of the filing of any lien, or any other charge whatsoever against the Property, the SWFWBD or its property, EMD shall immediately take all necessary action to secure the release of same and shall provide, at EMD's expense, all bonds, security or undertakings to accomplish the release of such liens. EMD agrees to indemnify and hold the DISTRICT SCHOOL BOARD OF COLLIER COUNTY harmless from all liability, Page 1 of 4 ,.".~...___.....,.__",...'m~.._..".' .__.___ ._...,,_.,'''.___._ _. .._.._..._..~~~~,,,-,-,._-,-".._~~,,. damages associated with this provision, expense and costs including reasonable attorney's fees. 5. DISTRICT SCHOOL BOARD OF COLLIER COUNTY is under no obligation to provide security to the Property. EMD may, at its sole expense, employ security personnel or maintain alarm systems. 6. EMD shall pay for all utilities with respect to the Property or the occupancy thereof, including without limitation, all costs of electric, water, sewer, trash pick up, refuse removal, telephone and other services for the term of occupancy. EMD shall have the privilege, at its expense, to access the water, storm water management, electrical, and phone utility service facilities during the term of occupancy. Should EMD operations require additional service facilities, EMD shall, at its expense, extend such facilities to the Property and pay the cost for all labor and materials. DISTRICT SCHOOL BOARD OF COLLIER COUNTY's obligation under this provision shall be limited to the facilities presently constructed as of the effective date of this MOU. 7. EMD agrees that it will not allow any signs, cards or placards to be posted or placed on the Property except signs acceptable to the DISTRICT SCHOOL BOARD OF COLLIER COUNTY. All signs shall be approved in advance by the DISTRICT SCHOOL BOARD OF COLLIER COUNTY, and shall conform with all ordinances of Collier County and shall not extend above or beyond the extension of the walls and ceilings of the buildings constructed on the Property. 8. EMD shall not commit, not suffer to be committed, any waste on the Property, including physical damage to the Property, either negligent, intentional, or fail to repair and maintain the Property. 9. Throughout the term of occupancy, EMD shall keep and maintain, at its own cost and expense, the Property and any improvements, fixtures, equipment, or landscaping thereon, in good order and repair. EMD shall make all necessary repairs thereto, including, without limitation, all structural and non-structural repairs, including repairs to building interior, building exterior, paving, site improvements, fixture, facilities and equipment, and shall replace all broken glass. All painted exterior surfaces and surfaces requiring treatment of any kind must be maintained in good condition and must be repainted or treated when reasonably required to preserve the structure and to maintain high standards of appearance. In the event EMD fails to promptly undertake and satisfy the obligations imposed herein within ninety (90) days of written notice by DISTRICT SCHOOL BOARD OF COLLIER COUNTY to EMD, DISTRICT SCHOOL BOARD OF COLLIER COUNTY shall have the right to affect such repairs and recover those costs and expenses from EMD. 10. EMD shall indemnify, defend and hold the District School Board of Collier County harmless against any actions, claims or damages arising Page 2 0 f 4 out of EMD's intentional or negligent acts or omissions in connection with this agreement, and District School Board of Collier County shall indemnify, defend and hold EMD harmless against any actions, claims, or damages arising out of District School Board of Collier County's intentional or negligent acts or omissions in connection with this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. EMD Uses: The Administrative Offices will be occupied post Disaster by a collective team of government employees and volunteers with the express purpose of conducting coordination and recovery activities post Event. The designated name of this team is the Immokalee Recovery and Coordination Center (IRCC) and their primary purpose is to collect real time data on Immokalee recovery needs and ensure that the information is forwarded to the Collier County Emergency Operations Center. In addition, the team will be joined approximately 72 hours post Event by FEMA and SBA representatives. This MOU may be revised as necessary by mutual consent of all parties by issuance of a written amendment or revised MOU, signed and dated by all parties. Any party may terminate this Memorandum of Understanding by providing sixty (60) days written notice. Unless terminated by written notice, this Memorandum of Understanding will remain in force. IN W!TNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding as of the last date written below. This Memorandum of Understanding is signed by the parties this day of , 2010. THE SCHOOL DISTRICT OF COLLIER COUNTY, FLORIDA By: P AT CARROLL, Chairperson Attest: DENNIS THOMPSON, Superintendent School Board Attorney Approval: By: Jon Fishbane, Attorney for the School District Page 3 of 4 Date: ATTEST: DWIGHT E. BROCK, CLERK , DEPUTY CLERK Approval for form and legal Sufficiency: Jennifer B. White Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: DONNA FIALA, CHAIRMAN Page 4 of 4 MEMORANDUM" OF UNDERSTANDING This MEMORANDUM OF UNDERSTANDING is made by and between the Board of County Commissioners of Collier County, Florida, as the Governing Body of Collier County and the District School Board of Collier County, as the ,governing body for Immokalee Technical Center, hereinafter referred to as (ITECH) as of this day of , 2010. WHEREAS: (A) is the owner of record ofITECH located at 508 North 9th Street, Immokalee FL, 34142; (B) Upon a "Twenty-Four Hours Verbal Notice" DISTRICT SCHOOL BOARD OF COLLIER COUNTY has agreed to allow the Collier County Emergency Management Department (EMD), a representative of the Board of County Commissioners, and the representatives of Immokalee Recovery and Coordi1;~ti2~ Center Team (IRCC) to enter upon and utilize the Northeast wing of the~II.1 Administrative offices including rooms 1-104, 1-116, 1-117, 1- 118, herein after referred to as the Administrative Offices, in order to conduct post-disaster activities from either natural or manmade occurrences. NOW, THEREFORE, DISTRICT SCHOOL BOARD OF COLLIER COUNTY hereby grants to EMD the right to occupy and utilize the Administrative Offices under the terms of this Memorandum of Understanding "MOU" and under the following conditions: 1. There will be no exchange of monetary compensation for this usage until such time as a Federal Disaster Declaration is enacted. 2. EMD as well as EMD's assignees, agents, employees are permitted non-exclusive use of the Property. 3. DISTRICT SCHOOL BOARD OF COLLIER COUNTY further agrees that all rights and title to any alterations, additions and improvements made to the Property during the term of occupation shall vest in District School Board of Collier County upon installation, shall not be removed and shall remain on the Property. 4. EMD shall not cause or allow any Lis Pendens, construction, labor, mechanic's or materialman's lien to be filed against the Property, the DISTRICT SCHOOL BOARD OF COLLIER COUNTY or the DISTRICT SCHOOL BOARD OF COLLIER COUNTY's real or personal property. In the event of the filing of any lien, or any other charge whatsoever against the Property, the SWFWBD or. itsproperty,EMD shall immediately take all necessary action to secure the release of same and shall provide, at EMD's expense, all bonds, security or undertakings to accomplish the release of such liens. EMD agrees to indemnify and hold the DISTRICT SCHOOL BOARD OF COLLIER COUNTY harmless from all liability, Page 1 of 4 damages associated with this provision, expense and.. costs including reasonable attorney's fees. 5. DISTRICT SCHOOL BOARD OF COLLIER COUNTY is under no obligation to provide security to the Property. EMD may, at its sole expense, employ security personnel or maintain alarm systems. 6. EMD shall pay for all utilities with respect to the Property or the occupancy thereof, including without limitation, all costs of electric, water, sewer, trash pick up, refuse removal, telephone and other services for the term of occupancy. EMD shall have the privilege, at its expense, to access the water, storm water management, electrical, and phone utility service facilities during the term of occupancy. Should EMD operations require additional service facilities, EMD shall, at its expense, extend such facilities to the Property and pay the cost for all labor and materials. DISTRICT SCHOOL BOARD OF COLLIER COUNTY's obligation under this provision shall be limited to the facilities presently constructed as of the effective date of this MOU. 7. EMD agrees that it will not allow any signs, cards or placards to be posted or placed on the Property except signs acceptable to the DISTRICT SCHOOL BOARD OF COLLIER COUNTY. All signs shall be approved in advance by the DISTRICT SCHOOL BOARD OF COLLIER COUNTY, and shall conform with all ordinances of Collier County and shall not extend above or beyond the extension of the walls and ceilings of the buildings constructed on the Property. 8. EMD shall not commit, not suffer to be committed, any waste on the Property, including physical damage to the Property, either negligent, intentional, or fail to repair and maintain the Property. 9. Throughout the term of occupancy, EMD shall keep and maintain, at its own cost and expense, the Property and any improvements, fIxtures, equipment, or landscaping thereon, in good order and repair. EMD shall make all necessary repairs thereto, including, without limitation, all structural and non-structural repairs, including repairs to building interior, building exterior, paving, site improvements, fIxture, facilities and equipment, and shall replace all broken glass. All painted exterior surfaces and surfaces requiring treatment of any kind must be maintained in good condition and must be repainted or treated when reasonably required to preserve the structure and to maintain high standards of appearance. In the event EMD fails to promptly undertake and satisfy the obligations imposed herein within ninety (90) days of written notice by DISTRICT SCHOOL BOARD OF COLLIER COUNTY to EMD, DISTRICT SCHOOL BOARD OF COLLIER COUNTY shall have the right to affect such repairs and reCOver those costs and expenses from EMD. Page 2 of 4 EMD Uses: The Administrative Offices Will be occupied post Disaster by a collective team of government employees and volunteers With the express purpose of conducting coordination and recovery activities post Event. The designated name of this team is the ImmokaleeRecovery and Coordination Center (IRCC) and their primary purpose is to collect real time data on Immokalee recovery needs and ensure that the information is forwarded to the Collier County Emergency Operations Center. In addition, the team Will be joined approximately 72 hours post Event by FEMA and SBA representatives. This MOU may be revised as necessary by mutual consent of all parties by issuance ofa written amendment or revised MOU, signed and dated by all parties. Any party may terminate this Memorandum of Understanding by providing sixty (60) days written notice. Unless terminated by written notice, this Memorandum of Understanding Will remain in force. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding as of the last date written below. This Memorandum of Understanding is signed by the parties this day of , 2010. THE SCHOOL DISTRICT OF COLLIER COUNTY, FLORIDA By: P AT CARROLL, Chairperson School Board Attorney Approval: Attest: DENNIS THOMPSON, Superintendent By: Jon Fishbane, Attorney for the School District Page 3 of 4 Date: ATTEST: DWIGHT E. BROCK, CLERK , DEPUTY CLERK Approval for form and legal Sufficiency: Jennifer B. White Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: DONNA FIALA, CHAIRMAN Page 4 of 4 MEMORANDUM OF UNDERSTANDING This MEMORANDUM OF UNDERSTANDING is made by and between the Board of County Commissioners of Collier County, Florida, as the Governing Body of Collier County and the District School Board of Collier County, as the governing body for Immokalee Technical Center, hereinafter referred to as (!TECH) as of this day of ,2010. WHEREAS: (A) The District School Board of Collier County is the owner of record ofITECH located at 508 North 9th Street, lmmokalee FL, 34142; (B) Upon a "Twenty-Four Hours Verbal Notice" DISTRICT SCHOOL BOARD OF COLLIER COUNTY has agreed to allow the Collier County Emergency Management Department (EMD), a representative of the Board of County Commissioners, and the representatives of Immokalee Recovery and Coordination Center Team (IRCC) to enter upon and utilize the Northeast wing of the !TECH Administrative offices including rooms 1-104, 1-116, 1-117, 1- 118, herein after referred to as the Administrative Offices, in order to conduct post-disaster activities from either natural or manmade occurrences. NOW, THEREFORE, DISTRICT SCHOOL BOARD OF COLLIER COUNTY hereby grants to EMD the right to occupy and utilize the Administrative Offices under the terms of this Memorandum of Understanding "MOU" and under the following conditions: 1. There will be no exchange of monetary compensation for this usage until such time as a Federal Disaster Declaration is enacted. 2. EMD as well as EMD's assignees, agents, employees are permitted non-exclusive use of the Property. 3. DISTRICT SCHOOL BOARD OF COLLIER COUNTY further agrees that all rights and title to any alterations, additions and improvements made to the Property during the term of occupation shall vest in District School Board of Collier County upon installation, shall not be removed and shall remain on the Property. 4. EMD shall not cause or allow any Lis Pendens, construction, labor, mechanic's or materialman's lien to be filed against the Property, the DISTRICT SCHOOL BOARD OF COLLIER COUNTY or the DISTRICT SCHOOL BOARD OF COLLIER COUNTY's real or personal property. In the event of the filing of any lien, or any other charge whatsoever against the Property, the SWFWBD or its property, EMD shall immediately take all necessary action to secure the release of same and shall provide, at EMD's expense, all bonds, security or undertakings to accomplish the release of such liens. EMD agrees to indemnify and hold the DISTRICT SCHOOL BOARD OF COLLIER COUNTY harmless from all liability, Page 1 of 4 -~-_..- damages associated with this provisiOn, expense and costs including reasonable attorney's fees. 5. DISTRICT SCHOOL BOARD OF COLLIER COUNTY is under no obligation to provide security to the Property. EMD may, at its sole expense, employ security personnel or maintain alarm systems. 6. EMD shall pay for all utilities with respect to the Property or the occupancy thereof, including without limitation, all costs of electric, water, sewer, trash pick up, refuse removal, telephone and other services for the term of occupancy. EMD shall have the privilege, at its expense, to access the water, storm water management, electrical, and phone utility service facilities during the term of occupancy. Should EMD operations require additional service facilities, EMD shall, at its expense, extend such facilities to the Property and pay the cost for all labor and materials. DISTRICT SCHOOL BOARD OF COLLIER COUNTY's obligation under this provision shall be limited to the facilities presently constructed as of the effective date of this MOU. 7. EMD agrees that it will not allow any signs, cards or placards to be posted or placed on the Property except signs acceptable to the DISTRICT SCHOOL BOARD OF COLLIER COUNTY. All signs shall be approved in advance by the DISTRICT SCHOOL BOARD OF COLLIER COUNTY, and shall conform with all ordinances of Collier County and shall not extend above or beyond the extension of the walls and ceilings of the buildings constructed on the Property. 8. EMD shall not commit, not suffer to be committed, any waste on the Property, including physical damage to the Property, either negligent, intentional, or fail to repair and maintain the Property. 9. Throughout the term of occupancy, EMD shall keep and maintain, at its own cost and expense, the Property and any improvements, fixtures, equipment, or landscaping thereon, in good order and repair. EMD shall make all necessary repairs thereto, including, without limitation, all structural and non-structural repairs, including repairs to building interior, building exterior, paving, site improvements, fixture, facilities and equipment, and shall replace all broken glass. All painted exterior surfaces and surfaces requiring treatment of any kind must be maintained in good condition and must be repainted or treated when reasonably required to preserve the structure and to maintain high standards of appearance. In the event EMD fails to promptly undertake and satisfY the obligations imposed herein within ninety (90) days of written notice by DISTRICT SCHOOL BOARD OF COLLIER COUNTY to EMD, DISTRICT SCHOOL BOARD OF COLLIER COUNTY shall have the right to affect such repairs and recover those costs and expenses from EMD. 10. EMD shall indemnifY, defend and hold the District School Board of Collier County harmless against any actions, claims or damages arising Page 2 of4 ---".,--.-- -'- out of EMD's intentional or negligent acts or omissions in connection with this agreement, and District School Board of Collier County shall indemnifY, defend and hold EMD harmless against any actions, claims, or damages arising out of District School Board of Collier County's intentional or negligent acts or omissions in connection with this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. EMD Uses: The Administrative Offices will be occupied post Disaster by a collective team of government employees and volunteers with the express purpose of conducting coordination and recovery activities post Event. The designated name of this team is the Immokalee Recovery and Coordination Center (IRCC) and their primary purpose is to collect real time data on lmmokalee recovery needs and ensure that the information is forwarded to the Collier County Emergency Operations Center. In addition, the team will be joined approximately 72 hours post Event by FEMA and SBA representatives. This MOU may be revised as necessary by mutual consent of all parties by issuance of a written amendment or revised MOU, signed and dated by all parties. Any party may terminate this Memorandum of Understanding by providing sixty (60) days written notice. Unless terminated by written notice, this Memorandum of Understanding will remain in force. IN W!TNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding as of the last date written below. This Memorandum of Understanding is signed by the parties this day of ,2010. THE SCHOOL DISTRICT OF COLLIER COUNTY, FLORIDA Bv: o p AT CARROLL, Chairperson Attest: DENNIS THOMPSON, Superintendent School Board Attorney Approval: By: Jon Fishbane, Attorney for the School District Page 3 of 4 ..,-.....,... - --'--~- Date: ATTEST: DWIGHT E. BROCK, CLERK , DEPUTY CLERK Approval for form and legal Sufficiency: Jennifer B. White Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: DONNA FIALA, CHAIRMAN Page 4 of 4