Resolution 2019-154 RESOLUTION NO. 2019 - 1 5 4
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AUTHORIZING ITS CHAIR TO
EXECUTE MEMORANDUMS OF UNDERSTANDING WITH OWNERS
OF LARGE CAPACITY SPACES, SUCH AS NOT-FOR-PROFIT
ORGANIZATIONS, COMMUNITY ASSOCIATIONS, AND PLACES OF
WORSHIP FOR DISTRIBUTION OF FOOD, RELIEF SUPPLIES,
MEDICINES OR OTHER ITEMS AND TEMPORARY SHELTERING
RELATED TO NATURAL AND MANMADE EMERGENCIES AND
DISASTERS WITHOUT FURTHER BOARD ACTION.
WHEREAS, Section 252.38, Florida Statutes, provides that "Safeguarding the life and
property of its citizens is an innate responsibility of the governing body of each political
subdivision of the state" and places the burden for evacuation and sheltering at-risk citizens
during an emergency or disaster upon the County; and
WHEREAS, not-for-profit organizations, community associations, and places of worship
have large capacity spaces that are well suited for sheltering and distribution areas for disaster
and emergency assistance; and
WHEREAS, the attached standard form Memorandum of Understanding sets forth the
roles and responsibilities for both the County and the facility providing space for sheltering and
distribution areas; and
WHEREAS, it is in the public's interest and to the public's benefit if the Board of County
Commissioners authorizes its Chair to administratively execute Memorandums of Understanding
for disaster relief as they are brought forward by Collier County staff and approved by the
County Attorney's Office for form and legality without further Board approval or action.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS, COLLIER COUNTY,FLORIDA, that:
1. The above recitals are adopted by the Board as being true and accurate and as such, are
hereby incorporated herein as if fully set out in this Paragraph.
2. Its Chair is authorized to administratively execute Memorandums of Understanding in
substantially the form attached hereto as "Exhibit A" as they are brought forward by
Collier County staff and approved by the County Attorney's Office for form and legality
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without further Board approval or action after execution by those entities participating in
providing sheltering and staging areas.
THI RESOLUTION ADOP ED after motion, second, and majority vote favoring same this
i 1iay of S , 2019.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COU• ORIDA
C' €).411e
By: �..r ' 10,40
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'�; Deputy Clerk W
,� rtte 't as to` haiptt�'s i am L. Mc Daniel, Jr., Cha J an1
sigutyst ,
A oved.as to, rm and legality:
K I-I iii a°
Jenn A. BelpedioN��`
Assistant County Att y 8
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"Exhibit A"
Memorandum of Understanding
Between
Collier County, a Political Subdivision of the State of Florida
and
Name of Group Here
I: Purpose: The purpose of the Memorandum of Understanding (MOU) is to set forth, define
and establish mutual agreements, understandings, and obligations by and between Collier
County, a political subdivision of the State of Florida, through its Emergency Management
Division ("the County" or"Collier County Government"), and Name of Group Here.
II. Statement of Basic Responsibilities:
A. Collier County Government, through its Emergency Management Division, provides
coordination of emergency services with Collier County, including incorporated
areas. This includes the selection and utilization of various resources and
organizations capable of rendering assistance. Under Chapter 252, Florida Statutes,
Collier County Government, through its Emergency Management Division, also
coordinates the administration of relief activities of both public and private relief or
disaster assistance organizations which agree to volunteer their services under the
direction or guidance of Collier County authorities. In addition, Collier County
Government may utilize personnel and facilities of relief or disaster assistance
organizations, churches, temples, and synagogues in the distribution of food, relief
supplies, medicines or other items and temporary sheltering as part of the restoration,
rehabilitation or reconstruction of community services and essential facilities
whenever Collier County Government authorities deem it necessary.
B. Recognizing the increased demand for churches, temples, synagogues, large capacity
spaces, and public-private partnership facilities to supplement assistance and recovery
to victims of both Presidentially declared or undeclared disasters, and the need to
work in harmony with local governments and private relief agencies, the Name of
Group Here wishes to assist in rendering the most efficient service with a minimum
of duplication to the citizens and guests of Collier County.
III: Coordination of Effort: Cooperation and coordination between Collier County
Government, through its Emergency Management Division, and Name of Group Here, at a time
of major disaster and during the post-disaster recovery period should be maintained at efficient
levels and is part of the purpose of this Memorandum of Understanding. Name of Group Here
works on a voluntary basis as a member of the Voluntary Agencies Working Group, a working
group reporting to the Collier County Citizen Corps, established by Ordinance No. 02-56, as
amended, and will make a continuing effort to acquaint its members of this Memorandum of
Understanding to assist Collier County Government in carrying out mutual responsibilities for
disaster relief.
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IV: Responsibilities:
A. Collier County Emergency Management Division will make efforts to achieve the
following:
1. Notify Name of Group Here of the potential need to assist in activities following
a disaster; and
2. Participate in and develop training in disaster response for the members of Name
of Group Here; and
3. Schedule periodic meetings and/or exercises to familiarize members of disaster
preparedness or recovery initiatives; and
4. Utilize, when and as appropriate, the services of Name of Group Here for
disaster relief and recovery projects; and
5. Collier County agrees to be responsible, to the extent provided under Florida
Statute 768.28, for its negligent acts, however, this responsibility shall not serve
as a waiver of Collier County's Sovereign Immunity limits.
B. NAME OF GROUP HERE will make efforts to:
1. Provide facilities and/or staff to Collier County at no charge during the disaster or
local emergency relief and recovery periods; and
2. Provide a 24-hour contact person and alternates; and
3. Provide a representative to attend periodic meetings of the Voluntary Agencies
Working Group; and
4. Participate in exercises, drills, planning sessions, webinars and conference calls
developed by the Emergency Management Division; and
5. Provide the Emergency Management Division with an update of the facility and
staffing capabilities at least annually prior to June of each year.
C. Both of the above-named parties agree to the following:
1. No modifications or changes will be made to the facility/property by the Collier
County Representative without the express written approval of the
owner/operator, or designee; and
2. Prior to occupancy, representatives of both parties may inspect the
facility/property and will note any discrepancies on the inspection form, and/or
this Memorandum of Understanding; and
The facility/property will be returned to the Name of Group Here in the same
condition as it was when occupied/acquired.
V.Effective Date,Automatic Renewal,and Modification: This Memorandum of
Understanding presents general, and some specific, guidelines by which Collier County, through
its Emergency Management Division, and Name of Group Here,will cooperate to aid victims at
the time of disaster. In witness thereof, the parties have executed this Memorandum of
Understanding on the date indicated. The provisions of this Memorandum of Understanding will
be effective from the date approved by the Board of County Commissioners for a period of three
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(3) years. At the end of the three-year (3) period, this Memorandum of Understanding will
automatically renew for an additional term of one year, unless terminated as provided in
Paragraph VI of this Memorandum of Understanding. Both Parties have the authority to amend
provisions of this Memorandum of Understanding upon the mutual consent and by written
instrument executed by the Parties.
VI. Termination: Either party may terminate this Memorandum of Understanding by
providing the other party with notice of its intent to terminate with 30 days written notice. The
Memorandum of Understanding may be immediately and automatically terminated by the
County without providing such notice, should the County reasonably believe that the spirit or
intent of Chapter 252, Florida Statutes, is not being effectuated by this Memorandum of
Understanding.
AS TO COUNTY:
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk , CHAIR
Approved as to form and legality:
Jennifer A. Belpedio
Assistant County Attorney
AS TO NAME OF GROUP HERE:
WITNESSES: NAME OF GROUP HERE:
By:
Print Name: Print Name:
Title:
Print Name: Date:
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