Item C15 C.15'
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County of Monroe
�y,4 ' ?, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 nff `_ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
June 16, 2021
Agenda Item Number: C.15
Agenda Item Summary #3320
BULK ITEM: Yes DEPARTMENT: Emergency Management
TIME APPROXIMATE: STAFF CONTACT: Jeff Manning (305)289-6325
N/A
AGENDA ITEM WORDING: Approval of a Memorandum of Agreement with the NOAA /
National Weather Service Office, Key West, FL, regarding the transmission of certain public
emergency messages via the Emergency Alert System, and delegation of authority to execute this
agreement and related documentation to the Monroe County Director of Emergency Management.
ITEM BACKGROUND: In the event of a release of radioactive materials or in other civil
emergencies, Monroe County is required by the Federal Emergency Management Agency (FEMA)
to deliver certain messages to protect lives and property of residents and visitors to Monroe County
via the Emergency Alert System (EAS). The National Weather Service Key West Office has the
capability to deliver such messages, and agrees via this MOA to serve as the secondary sender of
said messages, in coordination with and approval of the Monroe County Emergency Management
Director.
PREVIOUS RELEVANT BOCC ACTION: Monroe County and National Weather Service Key
West executed a similar temporary MOA in 2018.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
MOA Weather Service EAS 2021
FINANCIAL IMPACT:
Effective Date: Upon full execution of the agreement
Expiration Date: Upon termination by either party
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C.15
Total Dollar Value of Contract: 0
Total Cost to County: 0
Current Year Portion: N/A
Budgeted: N/A
Source of Funds: N/A
CPI:
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details:
N/A
REVIEWED BY:
Shannon Weiner Completed 06/01/2021 12:57 PM
Pedro Mercado Completed 06/01/2021 1:40 PM
Purchasing Completed 06/01/2021 1:53 PM
Budget and Finance Completed 06/01/2021 3:57 PM
Maria Slavik Completed 06/01/2021 4:14 PM
Liz Yongue Completed 06/01/2021 4:20 PM
Board of County Commissioners Pending 06/16/2021 9:00 AM
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C.15.a
MEMORANDUM OF AGREEMENT
Whereas, there exists in the State of Florida the threat of an accidental release of
radioactive material, and other emergencies associated with the presence of nuclear
power generating stations,
and o
Whereas, in the event of such a release or other civil emergency, Monroe County
government is required by the Federal Emergency Management Agency (FEMA) to deliver
certain messages to protect lives and property of residents and visitors to Monroe County
via the Emergency Alert System (EAS),
and
Whereas, the National Weather Service Office Key West, FL has capability to deliver said
messages,
Now, therefore, the parties to this MOA agree to the following:
A. Description of Partner Agencies - Responsibilities
1. National Weather Service;
National Weather Service Key West will act as the secondary message sender for the following CD
EAS messages within Monroe County: "Radiological Hazard Warning" and "Civil Emergency
Message". National Weather Service Dissemination will consist of the emergency message,
after authentication by the Monroe County Emergency Management Director, via NOAA
Weather Radio All-Hazards, for the purpose of activating the EAS. The National Weather Service
Key West will notify Monroe County Emergency Management in the event that the NOAA
Weather Radio All-Hazards system is offline, and again when it is restored to service.
2. Monroe County - Monroe County Emergency Management Department;
All messages will be originated from Monroe County, will be delivered to National Weather
Service Key West via fax, and authenticated by the MC EM Director.
3. Notice. If and when notice is required under this MOA,the notice shall be sent by first-
class mail, return receipt requested, Federal Express with evidence of delivery thereof, or by
hand - delivery to the parties at the following addresses or such other address or manner as
the parties may designate in writing from time to time. In the event of an emergency, notice
may be given orally and confirmed in writing no less than twenty-four (24) hours later.
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C.15.a
For Monroe County: Monroe County Administrator
1100 Simonton Street, Suite 205
Key West, FL 33040
Telephone: (305) 292-4441
E-Mail: Gastesi-roman@monroecount y-FL.gov
With a Copy to:
Jeff Manning
Senior Planner
Monroe County Emergency Management Department
490 63rd ST Ocean, Suite 150
Marathon, Florida 33050
Telephone: (305) 289-6325
E-Mail: Manning-Jeff@monroecounty-FL.gov
For National Weather Service: Meteorologist-in-Charge
Kennard Kasper
NOAA/Florida Keys National Weather Service
1315 White St
Key West, FL 33040 =
Telephone: (305) 295-1316 ext 222
E-Mail: Kennard.Kasper@noaa.gov
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4. Indemnity and Hold Harmless: It is the intent of the parties that each party be responsible for
the acts and omissions of its own officers, employees and agents. To the extent allowed by
Section 768.28, Florida Statutes, all parties to this agreement agree to be responsible for the
acts and omissions of their respective officers, employees, and agents, which occur within the
course and scope of their employment and which result in injury.
2
5. Mutual Cooperation. It is the intent of the parties to aid each other in their common goal of
emergency management preparation. To this end, the parties shall periodically confer to
discuss changes that are required in this MOA or its implementation.Additionally,the parties
i
agree to cooperate in the investigation of any claim arising from this MOA and to notify the
other parties of any claim or suitwhich arises out of the obligations of this MOA.
6. Amendments. This MOA may be amended or modified by mutual consent of the parties,
provided any and all such amendments or modifications shall be in writing and signed by
authorized representatives of both parties.
7. Compliance with Laws. Each party shall comply with applicable Laws pertaining to this MOA.
8. Force Majeure. Neither party shall be liable to the other party for any interruption, failure,
inability, or delay to perform hereunder, if such failure, inability, or delay is due to any cause
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C.15.a
beyond the reasonable control of the party so failing, including without limitation, acts of God,
acts of any government, war or other hostility, civil disorder, the elements, fire, explosion,
power failure, telecommunications service failure or interruption, equipment, failure, industrial
or labor dispute, or inability to access necessary supplies, and due diligence is used in curing
such cause and in resuming performance.
9. Binding Agreement: This MOA shall be binding upon and shall inure to the benefit of,the 2
parties and their respective representatives, successors and permitted assigns.
10. Sovereign Immunity: Nothing herein is intended to serve as a waiver of sovereign immunity
by any party under this MOA, to the extent applicable. Further, nothing herein shall be
construed as consent by a state agency, a public body corporate of the State of Florida or
political subdivision of the State of Florida to be sued by third parties in any matter arising
under this MOA or other agreement. o,
B.Term
1. This agreement shall commence upon the date of execution of the last signatory to the c
agreement, and shall run until terminated by either party.
2. This agreement may be terminated at the discretion of either party with not less than thirty
(30) days' notice.
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C. We,the undersigned have read and agree with this MOU.Further,we have reviewed `V
the proposed responsibilities and approve it.
i
Witness NOAA/Florida Keys,National Weather Service
2
By:
Shannon Weiner Date Kennard Kasper, Meteorologist-in-Charge
NOAA/Florida Keys
National Weather Service
Jeffrey Manning Date
(SEAL) E
ATTEST: KEVIN MADOK, CLERK MONROE COUNTY, FLORIDA
By By
Deputy Clerk Date Roman Gastesi Date
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