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Item C02BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 17, 2013 Division: Emergency Services Bulk Item: Yes X No _ Department: Emergency Management Staff Contact Person/Phone #: Jose Tezanos X6325 AGENDA ITEM WORDING: Approval of a memorandum of agreement between the American Humane Association and Monroe County Board of County Commissioners to provide animal sheltering assistance, to help with care for animal victims of disasters both natural and manmade, and to provide preparedness training to first responders and animal care agencies, at no cost to the county; and authorization for the County Administrator to execute any other required documentation in relation to the application process. ITEM BACKGROUND: American Humane Association "Red Star" Animal Emergency Services have been assisting communities and animal victims of natural and manmade disasters since 1916. In addition to their extensive response capabilities, they bring a top-notch national training program that will prepare first responders and our animal care agencies. They will provide field assessment teams and assistance with animal sheltering needs. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approve. TOTAL COST: NONE INDIRECT COST: N/A BUDGETED: Yes No X DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: NONE SOURCE OF FUNDS: NONE REVENUE PRODUCING: Yes X No AMOUNT PER MONTH_ Year _ 0 APPROVED BY: County Atty X OMB/Purchasing X Risk Management X DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 7/09 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: American Humane Assoc Contract # Effective Date: April 17, 2013 Expiration Date: Indefinite Contract Purpose/Description: Approval of a memorandum of agreement between the American Humane Association and Monroe CoMUV Board of CounV Commissioners to provide animal shelterin assistance, to help with care for animal victims of disasters both natural and manmade, and to provide preparedness training to first responders and animal care agencies, at no cost to the county; and authorization for the County Administrator to execute any other required documentation in relation to the application process. Contract Manager: Jose Tezanos 6325 14 (Name) (Ext.) (Department/Stop #) for BOCC meeting on Aril 17, 2013 Agenda Deadline: April 2, 2013 CONTRACT COSTS Total Dollar Value of Contract: $ Current Year Portion: $ Budgeted? Yes❑ No ® Account Codes: - - - - Grant: $ - - - County Match: $ 0 - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, i CONTRACT REVIEW Division Director Date In Changes Needed r Yes[:]No[5 Date Out '�i'-�'/3 Risk Management Yes❑ NoZj O.M.B./Purchasing County Attorney �5 ��� Yes[] No[a'*� Yes[:] No[2/641t� 3 3 _ t -ao/3 Comments: OMB Form Revised 2127/01 MCP #2 American Humane Association The nation's voice for the protection of children & animals MEMORANDUM OF AGREEMENT Between Monroe County and American Humane Association This Memorandum of Understanding ("MOA") is made as of [Date] by and between Monroe County, a political subdivision of the State of Florida, with principal offices located at 1100 Simonton Street, Suite 2-205, Key West, Florida 33040 ("County") and American Humane Association ("AHA"), pursuant to which AHA will have the opportunity to be an initial and primary national humane organization first responder for animal rescue in the geographic area served by Agency. In consideration of the mutual covenants and agreements contained herein and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Purpose. This MOA defines the roles that AHA could undertake in animal disaster preparedness, mitigation, and/or response and/or recovery operations in the geographic area served by County (the "Area") during an event warranting such assistance (an "Event"). With respect to each such Event, County will provide AHA the opportunity to serve as an initial and primary national humane organization first responder for such Event. County is not restricted from entering into MOAs with other organizations for similar response services. 2. Methods of Cooperation. The parties agree that for each Event: (i) County, as lead response coordinator for the Event, is tasked with activating volunteer groups, and will promptly notify AHA of immediate needs by County. (ii) AHA will evaluate and meet County requests for assistance to AHA subject to and based on financial and logistical constraints and resources available. (iii) If AHA is asked to provide a planning or operational role, AHA may provide a representative at the County's operations center or another location designated by County for as long as AHA personnel and resources are being utilized in the Area. The AHA representative will report to appropriate County command on progress of Event activities and resource needs as required by County. Direct supervision and control of AHA personnel and resources shall remain with AHA. AHA's personnel and resources remain subject to recall at any time. (iv) AHA may be asked to provide, as needed (a) field assessment teams; (b) assistance with animal sheltering needs, in both existing permanent animal shelters and/or in the setting up and operation of temporary shelters; (c) assistance with management and animal care teams; (d) training to disaster response personnel including volunteers; (e) supplies and/or equipment for the operations of response activities and/or training, e.g., search and rescue of animals, sheltering of animals and other functions; (f) liaise with the National Animal Rescue & Sheltering Coalition (NARSC); and/or (g) other mutually agreed upon and reasonably related activities. AHA fulfillment of any or all such requests is subject to and based on financial and logistical constraints and resources available. 3. AHA Vehicles. To the extent County has adequate space, AHA may store and/or stage one or more AHA emergency response vehicles (including but not limited to one or more tractor trailers) at County locations. AHA shall maintain insurance on such vehicle(s) during the time it is on County property. County will provide AHA contact information to coordinate access to the any such vehicle(s) during non business hours if necessary for Event response. AHA shall assume 1 of 3 no liability for County, its officers, directors, employees, or agents for operation of any such vehicles by anyone other than AHA employees. 4. Financial Obligations. Each party will manage its own finances and neither can commit funds or the actions of the other party. Each party may negotiate appropriate reimbursement of expenses from government entities or applicable third parties for joint activities; any such reimbursements will be shared pro rata based on expenses including staff time, transport, housing, food, supplies supplied, etc. 5. Insurance. Each party shall be responsible for its own actions or omissions and those of its employees. Each party shall be individually responsible for providing insurance coverage in accordance with its existing employee and volunteer policies and practices. Each party shall maintain its own equipment in safe and operational condition. 6. Indemnification. Each party shall assume the risk of any liability arising from its own actions or omissions or the actions or omissions of its employees and agents at all times. Neither party agrees to insure, defend, or indemnify the other, subject to negligence or willful misconduct. 7. Use of Names Logos and Other Marks. Each party has the royalty -free, non-exclusive, non -transferable right to use the other party's name(s), logo(s), trademark(s) and trade name(s) solely in connection with the relationship described herein and Events, subject to any requested approval by the granting party and any commercially reasonable restrictions of the granting party. No materials provided hereunder shall violate any third party rights (and indemnification shall apply with respect to any such violation). 8. Periodic Review. Representatives of County and AHA will endeavor to, on an annual basis, jointly evaluate progress in the implementation of this MOA and revise and develop plans or goals as appropriate. Provisions of this MOA can be amended upon mutual written agreement of the parties. 9. Resources. Notwithstanding anything to the contrary herein, AHA is not required to provide assistance if it determines that it does not have sufficient resources to do so. 10. Term. It is understood by both parties that at any time this MOA may be terminated by either party for any reason upon submission of a ten-day (10) advance written notice of termination. 11. Other Provisions. The parties do not intend to create in any other individual or entity the status of third party beneficiary, and this MOA shall not be construed so as to create such status. The parties will keep confidential each other's confidential and proprietary information, subject to compliance with law or valid court or other governmental order. The parties shall at all times act in a professional manner. With respect to the subject matter herein, this MOA constitutes the entire agreement between the parties. Nothing contained herein shall be deemed to create a relationship of joint venture, associates, principal and agent or partnership between the parties hereto, and neither party shall hold itself out to the contrary; each party is acting as principal hereunder. Facsimile and .pdf signatures are sufficient to make this MOA effective. [Signature page follows.] 2 of 3 IN WITNESS WHEREOF, the parties have executed this MOA as of the date first set forth above. [SEAL] Attest: AMY HEAVILIN, CLERK By: Name: Title: Witness for American Humane Association By: Print Name: Date: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor George Neugent Date. American Humane Association By: Chief Executive Officer or Corporate Representative with Signatory Authority Printed Name: Dated: MONROE COUNTly ATTORNEY AP POV D AS TO�01�1,� I A: HIA L. ALL ASSISTA T COUNTY ATTORNEY Date --- ?, 3of3 American Humane Association" The nation's voice for the protection of children & animals RomN R. G. Nmirr, N.D. PRFSIDEN,r AND CHIIiF Ezcl IPPIVE OFFICEI: December 19, 2012 Irene Toner Monroe County Emergency Management 490 63rd Street (Ocean) Marathon, FL 33050 Dear Ms. Toner, As we continue to be reminded by disasters like Hurricane Sandy, a community can truly never be too prepared. Every time we think we are as prepared as we can be, new threats emerge or old threats reemerge to remind us that we can always use more preparation. Indeed, when our Washington, D.C. headquarters was struck with a 5.9-magnitude earthquake last summer and the nation looked toward the impact this might have on the nuclear power plant 10 miles from the epicenter, we were reminded of the risk of nuclear hazards and the need to factor them into our disaster plans. For these and so many other reasons, I would love to share with you our historic and dynamic Red Stafrm Animal Emergency Services program, which is always prepared to assist communities in need at a moment's notice. Since 1916, the Red Star team has been helping animal victims of disasters both natural and manmade. Having evolved since World War I when we rescued wounded horses on the battlefields of Europe, the team is now equipped with over 200 specially -trained staff and volunteers ready to deploy across the country, an 82-foot Rescue Rig with a full Command Center, a fleet of response boats and vehicles, and extensive rescue supplies. In addition to our extensive response capabilities, we bring to the table a top-notch national training program. Offering the only Department of Homeland Security (DHS)-approved animal course, Red Star's Basic Animal Emergency Services, and other courses currently in the DHS review process, Disaster Sheltering for Companion Animals and Animal Rescue Training for First Responders, our courses have been written and continue to be updated by our staff and other leading experts in animal handling and disaster response. These courses enable us to help communities across the country train and prepare for disasters; in fiscal year 2012 we trained 986 students, and to date this fiscal year we have trained 479 students. We already have partnerships in place with a number of counties, parishes, states, and rescue groups across the country, and I am hoping that you will consider a formal partnership with us as well. I have included a sample memorandum of understanding for your review, as well as additional information and history on our program. The benefits of arranging a partnership with the Red Star team in advance of a disaster are clear: if your community is impacted by a disaster and you request our assistance, you will be our first priority. We will also work with you ahead 1400 i6th Street NW, Suite 360 11530 Ventura Boulevard Washington, DC 20036 Studio City, CA 91604 1202)841.6080 (818) 501.0123 www.americanhumane.org of disasters to assess your community's readiness and provide training as necessary. Our services are free as we rely on donor support, so AHA's responders don't impact your budget. In addition to a sample memorandum of understanding, I've enclosed a folder with additional information on our organization and the Red Star program. Inside the folder you'll find a timeline of Red Star's responses since 1916 as well as a DVD with a video on the historic Red Star legacy, which I think you'll find very informative. We hope you will consider a partnership with American Humane Association and our Red Star team. I would very much appreciate the chance to meet with you in person to further discuss how we can work together to prepare for and respond to disasters in your community. Please feel free to reach me at (202) 677-4226 or robing@americanhumane.org, or Red Star team member Tracy Speelhoffer at (202) 677-4216 or tracys@americanhumane.org for further information. And as always, you can visit us online at www.americanhumane.org. I look forward to hearing from you and discussing how we can serve your community! With warmest wishes, Robin R. Ganzert, Ph.D.