1. 08/05/1992 Agreement
Monroe County Emergency Management
490 63rd street
Ocean #150
Marathon, FL 33050
305-289-6018
O~~TTY ~o~~~E
(305) 294-4641
BOARD OF COUNTY COMMISSIONERS
MAYOR, Jack London, District 2
Mayor Pro Tern, A Earl Cheal, District 4
Wilhelmina Harvey, District 1
Shirley Freeman, District 3
Mary Kay Reich, District 5
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Office of Radiological Emergency Planning
c/o Public Works
186 Key Heights Drive
Tavernier, FL 33070
305-852-3309, ext. 7127
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MEMORANDUM
Beth Leto, oT{:ce ,Of County Attorney
Janice Drewi~,~mergency Management
June 28, 1992
TO:
FROM:
DATE:
Coordinator
SUBJECT:
Florida International University Shelter Agreement
As per our conversation I am attaching the original ~Q QRe ~opy
of the fully executed Florida International University Shelter
Agreement among FlU, Red Cross, and Monroe County, for
distribution to the appropriate parties and, for your records.
Thank you for your assistance.
Att.
cc. Billy Wagner
AGREEMENT BY AND AMONG
FLORIDA INTERNATIONAL UNIVERSITY,
THE GREATER MIAMI CHAPTER OF THE AMERICAN RED CROSS,
AND MONROE COUNTY OFFICE OF EMERGENCY MANAGEMENT
THIS AGREEMENT is made and entered into by and among FLORIDA
INTERNATIONAL UNIVERSITY for and on behalf of the Board of Regents
("FIU"), the GREATER MIAMI CHAPTER OF THE AMERICAN RED CROSS ("RED
CROSS"), and MONROE COUNTY, on behalf of its Office of Emergency
Management ("COUNTY").
RECITALS
WHEREAS, RED CROSS and COUNTY are mandated to provide
emergency services for individuals and families who are victims of
disaster; and,
WHEREAS, FIU is willing to permit RED CROSS and COUNTY to
utilize certain facilities at its University Park Campus as mass
shelters in aid and support of the disaster relief efforts of the
other parties and in consideration of the provision of services to
its students; and
WHEREAS, the parties wish to define the terms and conditions
under which they shall operate in the event of a disaster,
NOW, THEREFORE, for and in consideration of the mutual
promises contained herein, the parties do agree as follows:
1. The above recitations are true and correct.
2. GENERAL. FIU agrees to allow RED CROSS the use of the
second, third and fourth floor hallways of the primera Casa ("the
Facilities") for the establishment of a shelter during hurricanes
or other disasters which cause the evacuation of residents from
Monroe County and of resident students who have not left campus.
The shelter will be used as temporary housing for individuals and
families who have been evacuated. FIU also agrees to permit COUNTY
the use of the Facilities for establishment and operation of a
temporary inf irmary when set up and administered by COUNTY. Unless
otherwise agreed, the second floor side hall sections are
designated for the COUNTY and its temporary infirmary and the
Graham Center will be used for FIU students who do not leave the
campus. Monroe County residents would be housed on the third
floor. The location of the shelter and infirmary may be changed,
or additional shelters and infirmaries may be established upon the
mutual agreement of the parties.
3. RED CROSS USE OF SHELTER. RED CROSS shall be fully
responsible for the establishment and operation of the shelter as
temporary housing for individuals and families who have been
evacuated from their homes and for students who have not left
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campus. As support for the shelter, RED CROSS shall provide an
adequate number of trained volunteers, food and food service,
water, and other emergency supplies, including where available
blankets and bedding. RED CROSS shall endeavor to provide FIU with
thirty-six (36) hours advance notice whenever possible of its need
to establish a shelter. Depending on the extent of the disaster
and the number of people still requiring shelter, RED CROSS shall
either vacate the facilities no later than five (5) days after the
occurrence of the disaster or provide a proj ected timetable to
vacate the building after the emergency period. Emergency
conditions in Dade and/or Monroe County may dictate the need of
continued sheltering at FIU. FIU reserves the right, to offer
alternate, and suitable, areas for the RED CROSS to move if the
primera Casa facilities are needed after the emergency phase has
passed. RED CROSS understands and supports the educational mission
of FlU.
4. COUNTY USE OF SHELTER. In the event of a county ordered
evacuation, the Director of COUNTY's Office of Emergency
Management, or a designee shall, if possible, notify the Director
of Emergency Services, RED CROSS and FIU of the need to establish
a temporary infirmary. Any such infirmary will be the full
responsibility of COUNTY and will be staffed, supplied and operated
by COUNTY's Emergency Medical Services. COUNTY agrees to provide
medical service to any other evacuees who are sheltered at the
facility, including students who have not left campus in accordance
with Paragraph S (b) below. The temporary infirmary will be
operated under COUNTY medical protocols.
S. JOINT SUPPORT OF SHELTER. The parties agree to cooperate
to the maximum extent possible in support of their mutual goals and
responsibilities. To this end, it is agreed that:
a. RED CROSS shall be responsible for preparing and
implementing a plan or plans of triage. RED CROSS will be
responsible for the overall sheltering effort.
b. RED CROSS agrees to provide shelter, to the extent
possible, of sick or injured persons who are brought to the
infirmary by COUNTY. COUNTY, in turn, agrees to provide medical
services to evacuees who are being sheltered by RED CROSS, to the
extent that it is able.
c. FIU shall handle maintenance, repair and access to the
facilities. No person shall be denied access to shelter unless
deemed unsuitable for a public shelter by RED CROSS representative
and/or the FIU Department of Public Safety. When shelter capacity
is reached, excess persons will be directed to other available
shelters in neighborhood. The primera Casa Fifth floor will be
used only as FIU emergency communication center.
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d. FlU Department of Public Safety, in coordination with
other law enforcement agencies, shall maintain order and direct
pOlice control of the facilities.
e. RED CROSS agrees to repair or replace all parts of FIU
facilities damaged by RED CROSS or persons staying their under RED
CROSS auspices.
6. INDEMNITY AND HOLD HARMLESS.
(a) As consideration for the use of the facilities, RED CROSS
agrees to indemnify and hold FIU, the Florida Board of Regents, and
the State of Florida, and their respective officers, employees, and
agents, harmless from and against any and all liability, suits,
claims, demands and actions, costs, attorneys fees and expenses of
any kind or nature whatsoever for any loss of life, personal or
economic injury or damage or loss to property which is or are
attributable to negligent acts or omissions of RED CROSS' officers,
employees, agents or volunteers while using FlU's premises and
facilities and from and against any orders, judgments or decrees
which may be entered pursuant thereto. Nothing in this agreement
shall be deemed to affect the rights, privileges and immunities
afforded the State of Florida, the Board of Regents, COUNTY and FlU
by law.
(b) As consideration for the use of the facilities, COUNTY
agrees to indemnify and hold FIU, the Florida Board of Regents, and
the State of Florida, and their respective officers, employees, and
agents, harmless from and against any and all liability, suits,
claims, demands and actions, costs, attorneys fees and expenses of
any kind or nature whatsoever for any loss of life, personal or
economic injury or damage or loss to property which is or are
attributable to negligent acts or omissions of COUNTY' officers,
employees, agent or volunteers while using FIU' s premises and
facilities and from and against any orders, judgments or decrees
which may be entered pursuant thereto. Nothing in this agreement
shall be deemed to affect the rights, privileges and immunities
afforded the State of Florida, the Board of Regents, COUNTY and FIU
by law.
(c) It is the intent of the parties that each party be
responsible for the acts and omissions of its own off icers,
employees and agents. FIU agrees to be responsible for the acts
and omissions of its officers, employees and agents which occur
within the course and scope of their employment and which directly
result in injury to third parties to the extent provided in Section
768.28, Florida Statutes.
7. INSURANCE. RED CROSS and COUNTY shall each provide FIU
with certificates of insurance showing proof of general liability
coverage with limits to adequately cover the activities undertaken
on its property. At a minimum, such policies shall provide
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comprehensive general liability coverage with limits of
$SOO,000/$1,000,000. Such insurances shall designate FIU, the
Board of Regents and the State of Florida as additional insureds.
Unless otherwise agreed to in writing, there shall be no
exclusions or deductibles, unless agreed upon. 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.
8. REPRESENTATIONS. FIU makes no representations as to the
adequacy of the facilities for the intended uses. In the event of
a power failure, the facilities may not be accessible for disabled
persons. The facilities have a capacity to hold one thousand, four
hundred and forty persons and no more. Excess evacuees will be
directed by RED CROSS to other shelters in area.
9. NOTICE. Where notice is required by this agreement, it
shall be sent, whenever feasible under the circumstances, by first
class mail, or by personal delivery to the parties at the following
addresses:
For FlU
vice President, Business and Finance
Florida International University, PC S23
University Park Campus
Miami, Florida 33199
Telephone: 305-348-2101
For RED CROSS
Director, Emergency Service
American Red Cross
Greater Miami Chapter
1675 NW 9th Avenue
Miami, Florida 33136
Telephone: 30S-326-8888
For COUNTY
Director, Office of Emergency Management
Monroe County Emergency Management
5192 Overseas Highway
Marathon, Florida 33050
Telephone: 305-289-6018
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.
10. TERM. This agreement shall be effective when signed by
the last of all parties and shall automatically renew from year to
year. This agreement may be terminated by any party upon the
giving of ninety (90) days advance written notice to the other
remaining parties.
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11. GOVERNING LAW. This agreement shall be governed by the
laws of the united states in volume 36 of the United states Code
(Federal charter of the Red Cross) as amended by Public Law 93-288
(creation of Federal Emergency Management Agency) and 100-707 (the
Statford Act), the laws of the state of Florida, including Florida
statute 2S2 (Emergency Management) and is subject to the rules and
regulations of the Florida Board of" Regents and Florida
International University.
12. 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 Agreement or its
implementation. Additionally, the parties agree to cooperate in
the investigation of any claim arising from this Agreement and to
notify the other parties of any claim or suit which arises out of
the obligations of this Agreement.
13.
against,
Agreement
religion,
NON-DISCRIMINATION. No person shall be discriminated
denied access to services or the benefits of this
based on race, color, sex, national origin, age,
handicap or disability or marital status.
14. ENTIRE AGREEMENT. This agreement constitutes the full
and final expression of each party's intent and no provision may be
changed or added, unless by a writing executed with equal dignity
and formality.
IN WITNESS WHEREOF, the parties do cause their officials to
execute this agreement on the dates indicated below.
FLORIDA INTERNATIONAL UNIVERSITY
behalf of the Board of Regents
By : ~ /JJA.
Leonardo dr1gu
Vice President, Business &
for and on
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS,
a political subdivision of the State of
Florida
By: \,.)~..,,,...~....~,\,- ~
L. ~OLHAGE, Clerk
ATTEST:
County
I',f'- '/:1.
GREATER ~~ AM~ED CROSS
By: \. ~9!4/~ ~
Chairman of the Board
By
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