Item C21Meeting Date: 06/20/12
Bulk Item: Yes X No
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Division: Emergency Services
Department: Emergency Management
Staff Contact Person/Phone #: Jerry O'Cathey / 289-6012
AGENDA ITEM WORDING:
Approval to adopt Memorandum of Agreement between Florida International University and Monroe
County whereby F1U will provide space for a functional/special needs shelter in event of an
evacuation; authority for County Administrator to execute same.
ITEM BACKGROUND:
The original agreement of August 5, 1992, stated that Monroe County residents seeking shelter during
evacuation would utilize the Primera Casa (Charles E. Perry) Building. This new agreement states that
Monroe County functional/special needs residents will, per Federally -Funded SubUant Agreement For
Emergency Power Generator For Special Needs Shelter, Contract Number: 07HM-NF-11-23-03-047,
until "at least" December 31, 2022, enjoy exclusive use of portions of the Florida International
University (FIU) Recreation Center on the Modesto Maidique (Miami) campus.
PREVIOUS RELEVANT BOCC ACTION:
In August of 1992, the Board of County Commissioners approved a resolution authorizing execution of
a cooperative agreement between FIU, the Greater Miami Chapter of the American Red Cross, and the
BOCC, for mass shelter, disaster and relief services, and specifying the responsibilities of the involved
parties.
CONTRACT/AGREEMENT CHANGES:
This is a new Memorandum of Agreement between the Florida International University Board of
Trustees and the Monroe County Board of County Commissioners.
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: None INDIRECT COST: None BUDGETED: Yes No
REVENUE PRODUCING: Yes _ No X AMPER MONTH 0 Year 0
APPROVED BY: Count AttRisk Management i
Y Y-�/OMB/Pu;asiTng €
DOCUMENTATION: Included X Not Required
Revised 7/09
tbuNTY o FLORIDA KEY WEST 33040
(305) 294 4641
DXVISION of EMERGENCY SER VZCES
49063 d Street Ocean
Marathon, FL 33050
Phone (305) 289-6088
BOARD OF COUNTY COMMISSIONERS
Mayor David Rice, District 4
----- ---- - Mayor Pro Tem Kim Wigington, District 1
George Neugent, District 2
Heather Carruthers, District 3
Sylvia 1. Murphy, District
To� Roman Gastesi, Count IMEM-741
� 11111"Ill III Ill Iii 11111111401yerr-ts on I b i I
I will be Out of the country from June 2 nd through the 9,h ofJune,2012.
C�
zsms���
Chief Boswell will be acting from June 2 d — June 4h.
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Chief Beaver will be acting from June 5'11 — June 9"'
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Ja t�s. Callahan, Fire Chief / Division Director
Cc: Debbie Frederick, Deputy County Administrator
County Attorney
Division Directors
Payroll
Finance
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Florida Intl Universitv
Contract #
Effective Date:
Expiration Date:
Contract Purpose/Description:
Memorandum of Agreement with Florida International
ional needs residents seeking shelter
June 20, 2012
rsity for the purpose of
evacuations.
Contract Manager: Jerald L. O'Cathey 6012 14
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on June 20, 2012 Agenda Deadline: June 5.2012
CONTRACT COSTS
Total Dollar Value of Contract: $ $ Current Year Portion: $ $
Budgeted? Yes[] No ® Account Codes:
Grant: $ _
County Match: $ 0
ADDMONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (e . maintenance, utilities, janitorial, sale
CONTRACT REVIEW
Changes
Date, Needed
Division Director & Iq/ Yes❑ No❑
Risk Managem t=33 1- ` , Yes❑ No
O.M.B./Purc sing ► Yes❑ Nol� 7, 1 "°
Ll
County Attorney Yes[:] No W� . "
Comments:
nvin d'VI111 RGv1bW 1./6 //V 1 lulls if/
Date Out
OEM
MEMORANDUM OF AGREEMENT BY, AND AMONG, FLORIDA INTERNATIONAL
UNIVERSITY AND MONROE COUNTY
This Memorandum ofAgreement (^MOA")bentered into this __day of 2012, by
and between The Florida International University Board of Trustees, by and on behalf of Florida
International University (hereinafter referred toas"F|U"),whose principal business address b 11200
6.VV. B~Street, Modesto MaidiqueCampus, Miami, Florida 33199, and Monroe County (hereinafter
referred to as "COUNTY"), a political subdivision of the State of Florida, whose principal business
address is 1100 Simonton Street, Key West, Florida 33040.
The purpose of this NlOA is to establish the general conditions for the COUNTY to access and use HU's
Recreational Center as a special/functional needs, hurricane evacuation center ("HE[") for COUNTY
Special Needs residents when it has officially declared an evacuation due to a threatened major
hurricane ordue to some other natural or man-made disaster (collectively referred to herein as an
"EVENT"). The parties acknowledge, and agree, that this K4OA supersedes and replaces, any, and all,
prior agreements on, orrelated to, this matter.
i MK]A Term: This MOAshaU commence on the latest date it bfully executed by the parties and
shall end upon the earlier of: (a) December 31, 2022 or (b) termination/cancellation of the Federally -
Funded Subgrant Agreement for Emergency Power Generator for Special Needs Shelter between Florida
International University and The Florida Division ofEmergency Management dated March 12, 2007,
Contract No. 07HM-NF-11'23'03-047 attached hereto and incorporated herein by reference an Exhibit
("FIU/Florida Division of Emergency Management Emergency Generator Contract").
11. FIU Responsibilities: FIU shall be responsible for the following with respect to this MOA:
1. FIU agrees to provide COUNTY (or its designated agent) with exclusive use of mutually
agreed to portions of F|U's Recreational Center for the establishment of a
special/functional needs HEC during an EVENT which necessitates the evacuation of
Monroe County Special Needs residents. F|U acknowledges that, depending upon the
extent of the disaster, the Special Needs sheltering population shall vacate the
facility(s) no later than five (5) days after the occurrence of the EVENT, unless this time -
frame is extended because the County has not yet declared the roads safe and passable
enabling reentry into the County.
2. F|Ushall beincompliance with applicable federal, state and local laws (collectively
referred to as "LAWS"), F|U policies, procedures and regulations in carrying out Florida
International University's obligations under this K4OA subject to the condition that this
requirement shall not: (a) impose any additional responsibilities, liabilities, and/or
obligations on F|U other than those specifically delineated in this MOA and (b) require
F|U to incur any costs expenses or other financial obligations unless specifically
The parties agree that the HECshall not be construed as a pet friendly Center. However,
in accordance with H.R. 3858 and the "Pets Evacuation and Transportation Standards
Act of 2006," as well as the Department of Justice revised final regulations implementing
the Americans with Disabilities Act (ADA) for Title U and Title U|, "[E]ntides must permit
service animals to accompany people with disabilities in all areas where members of the
public are allowed to go." F|U shall not be responsible to provide care or food or a
special location for the service animal or assistance with removing animal excrement.
Monroe County agrees to remove a service animal from the premises if the animal's
behavior poses a direct threat to the health and safety of others. If service animal is
excluded or nernnxed for being a direct threat to others, the individual with a disability
will be provided the option of continuing access to the HEC without having the service
animal on the premises.
3. RU shall be responsible for the normal day-to-day maintenance and repair to the
Recreation Center. |fF|Uincurs additional costs due toCOUNTYsuse and operation of
the Recreation Center, COUNTY shall be responsible, upon presentation of all necessary,
and appropriate, documentation within a thirty (30) day period, for the timely
reimbursement toF|Ufor any and all such costs.
4. F|U shall use best efforts to the extent feasible and practical in each emergency, to
maintain an ample quantity of fuel for operation of the emergency generator. As part
of this requirement, F|U will have the fuel tank filled on or before June 1" of each year
to the highest level which the tank can safely hold, or to a level adequate for a minimum
of four (4) days at actual emergency demand load as determined by fuel usage records.
5. At least thirty (30) days prior to each hurricane season (June 1), FIU, and COUNTY, shall
conduct a joint inspection of the Recreation Center.
Hi Except asprovided above, the COUNTY, atits own expense,
shall be fully responsible for the establishment and operation of the Recreation Center during
each EVENT, which shall include, but not belimited to:
1. Providing F|U with as much advance notice as possibleregarding the need for the
Recreation Center through scheduled, pre -event, conference calls, and direct
communication with the FIU Emergency Management Director.
2. COUNTY shall also be in compliance with the LAWS and FIU regulations, policies, and
3. Adhere, for all Recreation Center sheltering purposes, to F|U guidance that will be
developed by the parties at least thirty (30) days prior to hurricane season.
zL Ensuring that the location and available supplies, equipment, and services, are adequate
to meet the needs of Monroe County special needs residents.
5. The Florida International University Police Department and Monroe CountySherhff's
Office shall jointly determine the level of assistance, if any, required from each of their
respective police departments no less than three (S) days prior to each EVENT. Once
Iq
determined, the Parties shall confirm their mutual determination inwriting which can
be by email or other appropriate form under the emergency circumstances.
5. The COUNTY shall be responsible for repairing and/or replacing all parts of the
Recreation Center or other facilities damaged or destroyed by COUNTY or individuals
occupying the facility under COUNTYa auspices. Such notification(s) of any damage
resulting from the use of the facility, for sheltering purposes, must be in writing, and
shall besubmitted tothe COUNTY.
7. Notifying, F|U's Department of Emergency Management Director of any matters or
issues concerning the operations and/or management of the Recreation Center when
observed or otherwise made aware of.
8. COUNTY shall perform all of its obligations under this MOA at its sole cost and expense.
COUNTY shall be responsible for reimbursing F|U for all, appropriate, and accurately,
documented, costs and expenses incurred by F|U as a result of Recreation Center
activation. Reimbursement to F|U for such expenses shall be in accordance with the
Florida Local Government Prompt Payment Act.
IV. F|U AND COUNTY have identified the following representatives as MOA
Managers. These individuals shall be responsible for coordinating activities and responsibilities under
this MOA and shall serve as liaison/agency contacts regarding issues or other matters arising out of this
1. RUMOAManager: F|UDirector ofEmergency Management
Department ofEmergency Management
112OO6.VV.8~'Street
Miami, Florida 3319g
Telephone: (305)348'6975
E-Mail: abaiken@fiu.edu
2. Monroe County Manager: Monroe County Emergency Management Director
Monroe County Emergency Management Department
5192Overseas Highway
Marathon, Florida 3305O
Telephone: (305)289-6018
V. Itinthe intent ofthe parties that each party beresponsible
for the acts and omissions ofits own officers, employees and agents. FIU and COUNTY each agree to be
responsible for the acts and omissions of their respective officers, employees, and agents, which occur
within the course and scope oftheir employment and which directly result in injury to third parties, to
the extent provided in Section 768.28, Florida Statutes.
As consideration for the use of the facilities, COUNTY agrees toindemnify and hold FIU,the FIU
Board of Trustees, the Florida Board ofGovernors and the State ofFlorida, and their respective officers,
employees, and agents, harmless from, and against any and all liability, suits, claims, demands and
actions, costs, attornev's fees and expenses of any kind or nature whatsoever for any loss of life,
43
personal, oreconomic injury, ordamage, or loss, toproperty which is, orare, attributable to, negligent
acts or omissions of COUNTY officers, employees, agents or volunteers while using FIU' s premises and
facilities, and from, and against, any orders, judgments ordecrees which may be entered pursuant
thereto. Nothing in this agreement shall be deemed to affect the rights, privileges and immunities
afforded F|U, the F|U Board of Trustees, The Florida Board of Governors, the State of Florida, and
COUNTY bylaw.
Vi Insurance: COUNTY shall provide FIU with certificates of insurance showing proof ofgeneral
liability coverage with limits to adequately cover the activities undertaken on F|U's property. At a
minimum, such policies shall provide comprehensive general liability coverage with limits of
$500000/$1,000,000.A|| insurance policies shall designate F|U,the F|U Board ofTrustees, the State of
Florida Board of Governors and the State of Florida as additional insured's. Unless otherwise agreed to
in writing, there shall be no exclusions or deductibles, unless agreed upon in writing in advance.
COUNTY may partially satisfy this requirement by providing proof of self-insurance up to the limits of the
State's waiver of sovereign immunity in Section 768.28, Florida Statutes.
VII. Termination: This IVIOA may be terminated upon mutual written consent of both partie
Additionally, in the event of a default by either party under this MOA, the other party m
terminate this Agreement and pursue any and all rights available at law or in equity if su
default is not cured within a reasonable time period after a written notice of default is sent
the defaulting party. I
VUi Miscellaneous Provisions:
1. 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 ofdelivery thereof, or by hand -
delivery tothe parties atthe following addresses orsuch 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 inwriting noless than twenty-four (24)hours later.
ForRU: Chief Financial Officer and Senior Vice President
Business and Finance
Florida International University
Modesto K8aidiqueCampus
112OOS.VV.BthStreet
Miami, Florida 33199
Telephone: (305)348-2101
Email: kiessell@fiu.edu
With aCopy to:
RUDirector ofEmergency Management
Department ofEmergency Management
[Same Address anAbove]
Telephone: (305)348-6975
9
Monroe County Administrator
11OOSimonton Street, Suite 2O5
Key West, FL33O4O
Telephone: (305)292-4441
With a Copy to:
Monroe County Emergency Management Director
Monroe County Emergency Management Department
5192Overseas Highway
Marathon, Florida 33O5O
Telephone: (305)289-5018
2. 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 agree to
cooperate in the investigation of any claim arising from this MOA and to notify the other parties of any
claim orsuit which arises out ofthe obligations ofthis K8OA.
3. No person shall be discriminated against, denied access toservices
or the benefits of this MOA based on race, color, sex, national origin, age, religion, handicap or disability.
4. Severability. Ifany term, provision, covenant orcondition ofthis MOAisheld bvacourt
of competent jurisdiction to be invalid, void, or otherwise unenforceable, the remainder of the
provisions of this MOA will remain in full force and effect.
5. Entire Agreement. This MOA, and all exhibits and attachments attached hereto, contains
the entire and complete understanding and agreement between the parties pertaining tothe subject
matter herein, and supersedes any and all prior agreements or understandings, whether oral or written,
relating to the subject matter hereof.
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. Waiver. No waiver of any of the provisions of this MOA shall be deemed, or shall
constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a
continuing waiver. @owaiver ofany provision ofthis W1OAshall be effective, unless inwriting and signed
bvthe party tobecharged. Nodelay inacting with regard toany breach ofany provision ofthis N4OA shall
beconstrued tobeawaiver ofsuch breach.
8. Assignability. Neither party may assign any interest in this N4DA without the prior
written consent of the other party. Any attempted assignment shall be void and of no effect if not in
accordance with this MOA.
9
9. Counterparts. This MDA may be executed in counterparts each of which shall be
deemed to be an original, but all of which together will constitute one and the same MOA.
10. Independent Contractor Status. It is mutually understood and agreed that the
relationship between the parties shall be that of independent entities contracting with each other at
arms length towards an independent contractor relationship. This MOA does not and shall not, be
construed to create the relationship of agent employee, partnership, joint venture or association
between the parties.
11. Compliance with Laws. Each party shall comply with applicable Laws pertaining to this
12. Force Maieure. Neither party shall be liable tothe other party for any interruption,
failure, inabi|ity, or delay to perform hereunder, if such failure, inabi|ity, or delay is due to any cause
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, fine, 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.
13. This N4DAshaU be binding upon and shall inure to the benefit of,
the parties and their respective representatives, successors and permitted assigns.
14. Monroe County shall ensure all staff assigned to this N4OA maintains
confidentiality with reference to individual participants receiving services in accordance with applicable
Laws.
15. To the extent applicable, the
parties shall comply with the Health insurance Portability and Accountability Act of1995
1320d-8), and all applicable regulations now or hereinafter promulgated thereunder.
A
15. Nothing herein is intended to serve as a waiver of sovereign
immunity by either party under this K4OA, 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.
IN WITNESS WHEREOF, the parties hereto have caused this MOAto be executed by their undersigned
officials asduly authorized.
WITNESSES: The Floridgipternat'
Rmal University
.
pp
as to for nd legality:
�ner
Tit
Associate I Counsel
Dail..
hc�l Z
Monroe County Administrator
By RonmanGastesi
Title: Monroe County Administrator
Approved as to form a9d legality:
By: Su
Title:P�nn [ountyAttorney
6