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Backup Documents 10/09/2018 Item #11D ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 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. 1 **NEW** ROUTING SLIP CCTS Q 17 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 JAB 10/9/18 , 4. BCC Office Board of County VI.S `�c Commissioners \r.N. / vAtbAli 5. Minutes and Records Clerk of Court's Office 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 Dan Summers Bureau of Emergency 239-252-3601 Contact/DepartmentServices Agenda Date Item was 10/9/18 I/ Agenda Item Number 11D y/ Approved by the BCC Type of Document Interlocal Agreement Number of Original —2-- Attached Documents Attached 2— ... PO number or account --4444 number if document is l \r4 \' - - .\-" J to be recorded � �.x ;--c., --pec- 5.)1^c--... .' INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable co • Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signatur STAMP OK 2. Does the document need to be sent to another agency for additional signatures? If yes, NA 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 JAB 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 NA 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 JAB 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 JAB signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip NA 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 10/9/18 and all changes made during the JAB meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. ---- .:77----,k, 9. Initials of attorney verifying that the attached document is the version approved by the JAB ` / BCC,all changes directed by the BCC have been made,and the document is ready fo the • Chairman's signature. \ �c0.SG Otte t�e .•h c��� �1Z7-7) �''\. . S‘r\fi--- I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 110 County of Collier CLERK OF THE CIRC h IT COURT COLLIER COUNTY cOURTI4OUSE Crystal K. Kinzel of Circuit Court 3315 TAMIAMI TRL E STE 102 P.O.BOX 413044 NAPLES,FL 34112-5324 NAPLES,FL 34101-3044 Clerk of Courts • Comptroller • Auditor • Custodian of County Funds October 16, 2018 District of CCPS Attn: Patrick Woods Assistant Superintendent 5775 Osceola Trail Naples, Florida 34109 Re: Interlocal Agreement between Collier County & The District School Board of Collier County Transmitted herewith are two (2) originals of the above referenced document for additional signature per request, as adopted by the Collier County Board of County Commissioners of Collier County, Florida on Tuesday, October 9, 2018, during Regular Session. Please forward an original of the fully executed to Board Minutes and Records Department; an envelope has been provided for your conveinence and will be kept as part of the Board's Official Records. Very truly yours, CRYSTAL K. KINZEL, CLERK 111 By: Martha Vergara, Depity C1 rk.-Y Enclosure Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.com Email-CollierClerk@collierclerk.com C 000tO 0 > d . d o ,rr N Cr ° 0 N � 110 CAa L4.1 � I • 0.4` km? (..)H cch •—• O 0 w y - C� _ cp p ~d INSTR 5640241 OR 5574 PG 15121 0 RECORDED 11/26/2018 9:22 AM PAGES 13 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$112.00 INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY. This Interlocal Agreement is entered into this day of , 2018 between Collier County(the"COUNTY"),a political subdivision of the state of Florida,and the District School Board of Collier County(DISTRICT"). Recitals WHEREAS, the parties entered into an Interlocal Agreement dated September 4,1980 to govern their obligations and mutual assistance during hurricanes and other natural disasters and entered into an amended agreement in 2007.They now desire to enter into a new and updated Agreement;and WHEREAS,the COUNTY is a local emergency management agency as defined in Section 252.34(6), Florida Statutes;and WHEREAS,Section 252.38(1)(d), Florida Statutes, provides that the local DISTRICT in an area affected by a declared state or local emergency shall participate in emergency management by providing facilities and necessary personnel to staff such facilities at the request of the director of the local emergency management agency;and WHEREAS, Section 252.38 (1)(d), Florida Statutes, provides that the local DISTRICT provide the use of its vehicles, buses, drivers, supervisors, and personnel in assistance to the COUNTY;and WHEREAS, The Federal Emergency Management Agency (FEMA) has ruled that shelter and transportation costs during a disaster are to be borne by the COUNTY,since the School District is ineligible for direct reimbursement of costs for such shelter and transportation cost is ineligible. WHEREAS, the COUNTY has developed a Comprehensive Emergency Management Plan (CEMP)designed to serve the public in pre-emergency,emergency,and post-emergency situations;and WHEREAS, in furtherance of the CEMP,the COUNTY and the DISTRICT recognize the mutual benefits that will arise as the result of the DISTRICT and its personnel working with the COUNTY during a state of emergency or other necessary events;and WHEREAS, the CEMP provides that the opening of shelters is the statutory responsibility of the COUNTY and the DISTRICT;and WHEREAS, the CEMP designates the use of certain DISTRICT facilities and personnel for emergency shelters and related uses;and WHEREAS, the COUNTY and the DISTRICT wish to provide for coordination and cooperation in providing services during a declared state or local emergency for the benefit of the public health,safety,and welfare. 0 110 NOW THEREFORE,it is agreed as follows: 1. Authority. This Agreement is entered into pursuant to the Florida Interlocal Cooperation Act of 1969 (Section 163.01, Florida Statutes) and the constitutional and statutory powers of the COUNTY and the SCHOOL BOARD. 2. Duration. This Agreement shall remain in effect until it is terminated in writing by either party upon 90 days prior written notice to the other. 3. Effect of Recitals. The recitals set forth above are incorporated by reference into this agreement. 4. Responsibilities of the County. The COUNTY,through its Division of Emergency Management,agrees to: A. Provide advance notice to DISTRICT for the need of DISTRICT assistance as soon as it becomes aware of such a need or as it becomes aware of a developing emergency situation warranting such assistance. The DISTRIGI shall provide emergency contacts bi-annually,to the County Emergency Management Division(CCEM). B. Implement, to the fullest extent possible, the CEMP which states that the COUNTY shall continue preparedness efforts,including but not limited to: purchase of disaster supplies and equipment such as; generators and generator parts both fixed and portable and other } preparedness initiatives such as;response,mitigation and recovery efforts via grants or other means, to the extent possible, for supporting the use of schools and DISTRICT facilities as emergency shelters. C. Provide,all necessary training to DISTRICT personnel in the area of an all-hazards approach for School and Community emergencies, shelter operations and disasters at no cost. it 2 �✓ i; V 110 D. In cooperation with the DISTRICT, identify and designate suitable school facilities to serve as emergency public shelters,persons with special medical need shelter(s), pet friendly shelters, refuge(s) of last resort, and host shelter operations during hurricanes or other natural disasters, technological disasters or humanitarian support. In the event of a mass medical or mass violence crimes-reunification centers when deemed in the best interest of the DISTRICT and local law enforcement. E. Manage approval, with concurrence of the DISTRICT, of all requests, regardless of requesting agency, to use school facilities for any emergency purposes under this Agreement. F, To the extent possible, shall provide the resources of the COUNTY EOC without charge to the DISTRICT in the event the DISTRICT has an emergency situation which may be best managed by the capabilities of the Emergency Operations Center. Should the COUNTY become aware that there will be any such change,it will promptly notify the DISTRICT. G. The COUNTY may permit and designate American Red Cross and its personnel, to staff, operate and supervise certain designated buildings and facilities in accordance with American Red Cross shelter management guidelines, if requested and in consultation with the DISTRICT. If the American Red Cross is designated by the COUNTY to operate any particular shelter upon mutual agreement by the DISTRICT and the COUNTY, it may have existing agreements in place that include typical reimbursements for food, staff cost, minor facility repair for shelter operations, wear and tear, and general liability coverage. The agreements hereafter shall be subordinate to the American Red Cross coverage for these items and shall come into effect after payments and or reimbursements made by or on behalf of, the American Red Cross. The term "employee" as used in this Agreement shall mean and the provisions of this Agreement shall apply with equal effect to paid,volunteer and auxiliary employees. H. In cooperation with the DISTRICT, identify and designate suitable areas within shelters or other facilities to serve as "self-service pet friendly locations" during hurricanes or other emergencies. Identify emergency evacuation and return-trip, transportation priorities in cooperation with the DISTRICT. J. Determine and coordinate with the DISTRICT and its food service staff,the provision of food and food services at all activated general population and employee shelters and to the extent possible address the special dietary needs for the Special Needs Medical Shelter(s). R Exercise reasonable care in the conduct of its activities in emergency shelter facilities, including efforts to assist in a timely manner to ensure facility re-opening for school operations, and documenting operational or cosmetic damages that may have occurred during shelter operations; 3 G.)° 110 L. If available, provide supplemental COUNTY or municipal employees for shelter staffing support,Florida Public Health staff,National Guard,contract security services,inter or intra- state mutual-aid shelter staffing and medical assistance teams, State Animal Assistance Teams, (SARI) and other approved Incident Management Teams (IMT's) Emergency Medical Services personnel (EMS) and Amateur Radio Emergency Services (ARES) personnel to emergency shelters upon request of the DISTRICT as referenced in the CEMP. M. If available, provide trained mental health care professionals or credentialed volunteers to emergency shelters upon request of the shelter manager as provided in the CEMP. N. If available, supplement School District supplies with bottled water, shelf-stable meals, and cots for special/functional medical needs. Such efforts are supplemental to the around-the- clock basic food services for shelter operations to be provided by the DISTRICT. O. Provide space at the COUNTY EOC for a minimum of two DISTRICT SHELTER /FACILITY representatives and any necessary support staff at all times in which a school shelter is being operated and/or the EOC is activated. P. Provide space at the EOC for a minimum of two DISTRICT TRANSPORTATION representatives and any necessary support staff at all times during a local State of Emergency or other emergency event to coordinate evacuation, re-location, and de-mobilization of evacuees from shelter operations and to return evacuees and survivors back to their residences within Collier County. Q. Cooperate with the DISTRICT for any emergency or disaster preparedness and recovery initiatives that are in the mutual best-interest of both parties to; serve the public, build disaster resiliency, and ensure continuity of operations, as well as share interoperable communication linkages such as voice, data, two-way radio systems, security systems, towers,antennas when deemed appropriate.Such efforts may also include, but not be limited to joint efforts for fuel purchases, fuel storage, fuel dispensing, debris removal efforts, debris staging sites, generators, storm shutters, potable and waste-water systems, roofing improvements, storage locations and or storage facilities, and other temporary emergency use of facilities, supplies, equipment and vehicles that may contribute to reduced future disaster cost and evacuation shelter resiliency. R. The COUNTY will provide certain construction trades personnel or its approved contractors; such as electricians, plumbers, structural technicians or engineers mechanical technicians, or other trade journeymen to assist in shelter operations in cooperation with the DISTRICT'S physical plant and building engineering staff at the Special Medical Need's shelter or other locations to aid in the vast array of temporary electrical connections or minor emergency repairs including generator monitoring if needed for the electrically dependent evacuees. 4 110 S. The COUNTY will work cooperatively and meet quarterly with key DISTRICT staff to develop operational plans toward ensuring a safe and reliable evacuation shelter program. T. The COUNTY will work cooperatively with the DISTRICT and the Division of Emergency Management to ensure that to the extent possible, potable water, waste water, pumps and lift stations are operational downrange of the DISTRICT'S owned lift or pump stations to ensure that potable water and wastewater operations are maintained at evacuation shelters. 5. Responsibilities of the SCHOOL BOARD. The DISTRICT agrees to: A. Provide all necessary and requested assistance, including, but not limited to, use of DISTRICT facilities identified in the CEMP,equipment,materials,and personnel to serve as shelter managers and workers,maintenance and food service staff to the County,in numbers reasonably agreed to by the parties when the COUNTY declares a State of Local Emergency, as authorized by Section 252.38,Florida Statutes. B. Provide shelter management and staff for such facilities in use as emergency shelters for the purposes of emergency management. C. Permit, to the extent of its ability and upon request of the COUNTY, the use of designated school facilities to be pet-friendly in a self-service manner by the evacuees. The DISTRICT shall make reasonable accommodations so as to mitigate cleaning cost when possible and coordinate with the COUNTY regarding estimates and expenses for the appropriate level of cleaning to allow for the prompt return to normal school operations. D. Provide a minimum of two liaisons for Mass Care and Transportation (Emergency Support Function (ESF) 1 and 6) in the EOC when the EOC is activated and throughout the time shelters are open in order to support shelter and transportation operations. E. Permit, to the extent of its ability and upon request of the COUNTY, the use of up to two physical facilities by the COUNTY for the purpose of special medical needs sheltering. F. If requested by the COUNTY, the DISTRICT agrees to the extent feasible to provide a sufficient number of buses, drivers,and route planning personnel,and dispatch personnel in numbers reasonably agreed to by the parties, to transport citizens to and from evacuation shelters. G. Agree to support shelter training activities without charge to the COUNTY in furtherance of the purposes of this Agreement. H. Provide all assistance to the COUNTY required by Section 252.38(d), Florida Statutes. Specifically, during a declared state or local emergency and upon the request of the COUNTY. 5 1 110 I. Provide, to the extent provided by law, any requested assistance to the COUNTY in the event emergencies arise that do not require a"state of local emergency"to be declared by the COUNTY. J. Be the sole authority to declare the closing and opening of the public schools, to approve and/or make all oral and written communications regarding the opening of and closing of public schools, to have final approval on the use and assignment of paid school district personnel to assist in managing and staffing activated special needs shelter and general population shelters, and to have final approval on the use of school buses as emergency transportation resources. K. Maintain as best as it can, COUNTY and or State -purchased equipment provided to the DISTRICT pursuant to this Agreement and assigned to DISTRICT facilities, in good repair and serviceable condition, in accordance with manufacturer's recommendations or other accepted standards. Generators in support of Special Needs Medical Shelter shall be maintained in accordance with NFPA Standard99. L. Take steps necessary to ensure that permanent or portable generators are in-place during the State of Emergency to ensure that potable and waste water pumps, wells, lift-stations remain operational during shelter operations to the extent that such emergency conditions allow. M. Provide at no cost to COUNTY and within 30 days of a written request, construction documents on existing and future school buildings and facilities for the purposes of evaluating shelter safety,wind protection,and flood elevation. 6. State of Local Emergency. In the event a state of local emergency is declared by the County: A. The COUNTY Director of Emergency Management shall notify the DISTRICT of the declaration of a state of local emergency immediately. B. The DISTRICT shall, in a manner consistent with the COUNTY'S CEMP and this Agreement render assistance to the COUNTY. C. The COUNTY Director of Emergency Management shall coordinate the activities and services included in the CEMP, pursuant to Section 252.38,Florida Statutes. D. No school emergency shelter will be opened prior to DISTRICT Staff and Law Enforcement, contract security resources, or school safety officer(s) being present in the shelter. 6 110 E. The DISTRICT reserves the right to open other shelters at other schools or facilities that will not interfere with any mutually agreed upon shelters listed on the official designated shelter list,at any time for its employees or other deemed necessary personnel. In the event of mutual need based on consultation with the COUNTY, the DISTRICT will open additional shelters to be reimbursed by the COUNTY. All other shelters opened by the DISTRICT shall be operated at the sole expense of the DISTRICT and will not be considered as a reimbursable shelter expense to the COUNTY. 7. SCHOOL BOARD Employees. All DISTRICT employees providing services pursuant to this Agreement shall be considered employees of the DISTRICT for the purpose of maintaining medical and worker's compensation insurance. DISTRICT employees shall not be considered agents or employees of the COUNTY for the purposes of this Agreement, 8. Reimbursement of Expenses. A. In 2018, the Florida Division of Emergency Management (F.DEM) and FEMA determined that COUNTY must be the applicant for FEMA reimbursement for all eligible expenses related to sheltering the citizens of Collier County. To ensure that all reimbursable expenses are captured and documented the COUNTY requires the following from DISTRICT: i The ability for the COUNTY to specify a third party to certify and or audit the expenses to be submitted for reimbursement. i The DISTRICT to name an employee and a consultant if desired to: 1. Serve as the primary point of contact to address sheltering payment and reimbursement issues and expenses. 2. Provide detailed procurement documentation and procurement methods in accordance with FEMA policy and establish monetary thresholds for identified roles and responsibilities. 3. Establish requirements for documentation of expenses related to labor, materials,rental equipment, fuel,mileage,etc.,and contracts utilized for the disaster/sheltering. B. The COUNTY agrees to reimburse the DISTRICT for actual costs to the DISTRICT for force account hourly and overtime wages, including mandatory benefits. Additionally, supplies,fuel and eligible rental equipment including generator run-times, while assisting the COUNTY with respect to shelter operations and transportation during a state of local emergency declared pursuant to Section 252.38, Florida Statutes, and applicable FEMA requirements. C. Reimbursement shall be made, and shall be conditioned upon the DISTRICT providing the COUNTY with supporting documentation, and under approved FEMA requirements and equipment rates, staff cost-including ji. 7 110 0 employee name, job title, status (exempt, non-exempt, bargaining unit), whether the employee is full-time or part-time, hourly rate, benefit rate breakdown,regular and overtime hours, copies of time sheets, and description of work performed. The DISTRICT agrees to provide the COUNTY with any other documentation necessary to enable the COUNTY to be reimbursed from other sources. D. The County will initiate the payment process at the time that FEMA and/or the FDEM approves the eligible project worksheet cost or associated documentation for the approved reimbursement and transfer of funds for shelter operations and transportation cost. E. The County shall provide written notification to the District that it must reimburse the County for funds that FEMA, or another authorized party's audit, has found must be deobligated because of reporting errors. After all efforts have been exhausted either to reconcile the reporting errors or complete the appeals process,which exhaustion of remedies should occur within the time period not to exceed one(1) fiscal year of the date of written notification, the District will have thirty (30) days to reimburse the County accordingly if the reporting errors have not been reconciled or overturned on appeal. DISTRICT shall fully cooperate with COUNTY in its efforts to reconcile or appeal FEMA's decision. This includes providing information to COUNTY as set forth in Section 8 A of this Agreement. F. Expenses incurred by the DISTRICT,during training and exercises, including hourly wages and employee benefits, shall be the responsibility of the DISTRICT. 9. Planning and Implementation The DISTRICT representatives and COUNTY representatives agree to meet and confer regarding the preparation of emergency operations plans and procedures prior to June 1 of each year as necessary. The COUNTY'S CEMP and or a mutually devised operational plan, will be the primary planning document(s) related to shelter and transportation operations and will contain details to include special needs shelter operations, general population and pet shelter operations and feeding plans,etc. The Parties shall address and agree to: A. Designate COUNTY and DISTRICT representatives who shall coordinate the activities and services included in emergency operations. B. Identify the duties and responsibilities of the appropriate COUNTY and DISTRICT employees and agencies that are needed for emergency operations planning and implementation purposes. C. Develop appropriate shelter management operations procedures. D. Develop food service activity plan(s)and procedures. E. Prepare and finalize a list of public schools designated as approved emergency public shelters,including reviewing special needs and animal sheltering plans. 8 ii 110 10. Insurance. The COUNTY agrees to provide a current policy of general liability insurance naming the DISTRICT as additional insured. Said policy shall have coverage limits of at least$1,000,000 for injury to any one person and $2,000,000 for aggregate damages in any one occurrence caused by negligence of any County official, employee, or agent. Said policy shall not be construed to alter the limitations of liability provided in Section 768.28, Florida Statutes, or as a waiver of the County's sovereign immunity. 11. Indemnification. Each part agrees to indemnify, defend, and hold-harmless the other, its officers, board members, agents and employees from and against any and all fines, suits, claims, demands, penalties, liabilities, costs or expenses,losses,settlements,judgements and awards and actions of whatever kind or nature, including attorney's fees and cost (and cost and fees on appeal), and damages (including, but not limited to, actual and consequential damages) arising from any negligent, or wrongful misconduct, knowing misrepresentation or breach of this Agreement by such party, its officers, board members, agents or employees. This paragraph shall not be considered in any way to alter the COUNTY's or the DISTRICT'S waiver of sovereign immunity or extend the party's liability beyond the scope or limits established in Section768.28,Florida Statutes. 12. Notice. Any notice sent pursuant to this agreement shall be sufficient if sent by regular U.S.Mail to the following addresses: A. COLLIER COUNTY: COLLIER COUNTY,c/o BUREAU OF EMERGENCY SERVICES Attention:Dan Summers, 8075 Lely Cultural Parkway Naples,Florida With a copy to: Leo Ochs,County Manager 3299 East Tamiatni Trail Naples,FL 34112 B. SCHOOL BOARD: COLLIER COUNTY PUBLIC SCHOOLS Attention:Dr.Kamela Patton,Collier County School District Superintendent 5775 Osceola Trail Naples,Florida 34109 9 110 With a copy to: 12. Amendment. Any amendment to this Agreement or its exhibits shall be in writing and shall not be effective until executed by both parties. 13. Assignment. In light of the scope and rationale for this Agreement,neither party may assign, transfer, or sell any of the rights set forth in this Agreement, or associated with this Agreement, without the express written consent of the other party. Should either party assign, transfer, or sell any of the rights set forth in this Agreement without such written consent, such action shall result in the automatic termination of this Agreement without further notice or action required on the party of the other party. 14. Termination. A. This Agreement may be terminated without cause upon either the COUNTY or the DISTRICT providing at least 90 days advance written notice of its intent to terminate this Agreement to the other party. B. This Agreement may be terminated with cause upon either the COUNTY or the DISTRICT providing at least 30 days advance written notice to the other party.The notice shall indude the exact cause for termination and the effective date of termination unless, prior to the termination date, the party seeking termination for cause provides an opportunity to cure or correct the condition as specifically described in the notice. C. Notwithstanding any other provision of this Agreement, no termination of this Agreement shall be effective during hurricane season(June 1 —November 30 of each year). 15. Relationship of the Parties. The parties acknowledge that their relationship under this Agreement is that of independent contractors.No employee of either party shall be deemed an employee of the other party.Nothing in this Agreement shall be construed to create an agency relationship, partnership, association, or joint venture between the parties. 10 1 1 16. No Third-Party Beneficiaries. This Agreement is entered into solely for the benefit of the COUNTY and the DISTRICT'and not for the benefit of any third party.This Agreement shall not be deemed to confer any rights,express or implied,upon any third party. 17. Public Records. The cost of reproduction, access to, disclosure, non-disclosure, or exemption of records, data, documents, and/or materials, associated with this Agreement shall be subject to the applicable provisions of the Florida Public Records Law (Chapter 119, Florida Statutes), and other applicable State and Federal provisions. Access to such public records, may not be blocked, thwarted, and/or hindered by placing the public records in the possession of a third party,or an unaffiliated party. 18. Governing Law and Venue. This Agreement shall be construed according to the laws of the State of Florida. Venue for any administrative or legal action arising under the Agreement shall be in Collier County,Florida. 19. Compliance with Local,State,and Federal Laws. Both the COUNTY and the DISTRICT, in performing under this Agreement, shall abide by, and comply with, all applicable laws, rules, regulations, orders, and policies, of the local, state, and federal governments-i n c l u ding, but not limited to federal Robert T. Stafford Disaster Relief and Emergency Act, Public Law 93-288, as amended, 42 U.S.C. 5121, et. Seq., 44 CFR—Chapter 1 FEMA Department of Homeland Security Assistance Act, 2 CFR 200 Methods of Procurement, FErvIA Public Assistance Program and Policy Guide. 20. Severability. If any word, phrase, sentence, part, subsection, section, or other portion of this Agreement, or any application thereof, to any person or circumstance is declared void, unconstitutional, or invalid for any reason, then such word, phrase, sentence, part, subsection, other portion, or the proscribed application thereof, shall be severable, and the remaining portions of this Agreement, and all applications thereof, not having been declared void, unconstitutional, or invalid shall remain in full force and effect. 21. Dispute Resolution. Prior to the initiation of legal action by either the COUNTY or the DISTRICT to enforce the provisions of this Agreement, the COUNTY and the DISTRICT shall submit to nonbinding mediation. The mediator shall be impartial and shall be selected by joint agreement between the COUNTY and the DISTRICT. The mediation process shall be confidential to the extent permitted by Florida law. The cost of the mediation shall be borne equally by the COUNTY and the DISTRICT. If the matter is not resolved 11 111)0 through mediation, legal action may be initiated. In the event legal action is initiated, the prevailing party shall be entitled to recover reasonable attorney's fees. 22. Non-Waiver. The failure of either the COUNTY or the DISTRICT to insist upon strict performance of any term, condition, provision, or requirement of this Agreement, shall not be construed as a waiver of such term, condition,provision, or requirement on any subsequent occasion. 23. Headings. All sections and descriptive headings of sections noted in this Agreement are inserted only for the convenience of the parties hereto and shall not affect or control interpretation of this Agreement. 24. Authority to Execute. Each party covenants to the other party that it has lawful authority to enter into this Agreement and has authorized the execution of this Agreement by the party's authorized representative. 25. Execution in Counterparts. This Agreement may be executed in counterparts,each of which shall be deemed to be an original,but all of which,taken together,shall constitute one and the same agreement. 26. Effective Date. This Agreement shall become effective upon filing a copy executed by both parties with the Clerk of the Circuit Court of Collier County. IN WITNESS WHEREOF,the parties have executed this Agreement as of the date set forth above. ATTEST: COLLIE OUNTY CRYSTAL K.KINZEL,CLERK By:_ ANDY SOLIS,CHAIRMAN ,DEPUT CL A est as to Chairman's signature only. 12 (09. { 110 Approved for form and legality: Jennifer A. e pedi 7 Assistant County Attorney �' `p Attest: Dr. Kamela Patton,Superintendent DISTRICT SCHOOL BOARD OF COLLIER COUNTY,FLORIDA By: - J L.1 Roy M.T• Chair Approved: * ( A .A / Jo 'shbane,District General Counsel 13 Hurricane Irma-Recovery 2018 Collier Schools-Interlocal Agreement DAN E. SUMMERS, DIRECTOR, CEM, FPEM COLLIER COUNTY BUREAU OF EMERGENCY SERVICES AND EMERGENCY MANAGEMENT Interlocal Agreement… Previous Interlocal Agreement between Collier County BCC and District Schools of Collier County, served us well for over a decade AND met all FEMA requirements. Months following Hurricane IRMA, FEMA ruled that School Districts’-Statewide; including retro-active reimbursements back to Hurricane Matthew, were not eligible for direct FEMA assistance for shelter cost reimbursement. FEMA understood Florida Statue that clearly provides for County Emergency Management agencies to utilize public schools and universities for sheltering, but it does not provide sufficient clarity to allow the Districts’ to be direct applicants with FEMA. FEMA Reimbursement… FEMA supports the reimbursement of shelter cost, but has directed the shelter reimbursement to be worked through the Counties. This effort was during the emergency phase of the response and 100% of these sheltering cost are expected to be reimbursed. In order to make payment to the District Schools, this new agreement is required. Dr. Patton and her team have graciously brought additional operational and staff commitments to this process to help make us more disaster resilient and improve services. Quick Look -Services Provided: 18,000 evacuees sheltered. 27 buildings 321 District Employees School District staff included: Principals, Plant Managers, Teachers, Cafeteria Workers, Janitorial staff and contractors, maintenance personnel, school bus drivers and dispatchers. 75,145 meals and snacks served (Food and Drink). 122 high risk clients transported before landfall. (Drivers and Fuel) 139 high risk clients transported after landfall. Air-conditioned buses provided temporary cooling stations. Janitorial services –Pre, during and Post for shelter preparation and school resumption. Pet Friendly Shelter operations and deep cleaning as needed. Interlocal Agreement Request approval of the Executive Summary: Execute the Interlocal Agreement. Authorizes the payment to the District Schools of Collier County once the District signs the agreement. Questions or Comments. Thank you!