Item D10 D10
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5
Michelle Lincoln,District 2
James K.Scholl,District 3
David Rice,District 4
Board of County Commissioners Meeting
July 19, 2023
Agenda Item Number: D10
2023-1193
BULK ITEM: Yes DEPARTMENT: Emergency Management
TIME APPROXIMATE: STAFF CONTACT: Jeff Manning
NA
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 similar MOAs in 2018 and 2021.
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
2023 NW NWEM_MOA.pdf
FINANCIAL IMPACT:
NA
989
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
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,
Whereas, the parties have previously entered into a Memorandum of Agreement that was
approved by the Board in June 2021.
Whereas, the parties are in agreement to rescind the previous Memorandum of Agreement
and enter into this new Memorandum of Agreement, which reflects a slight change in the process of
message delivery, in an effort to have all terms contained in one Agreement.
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 a message disseminator for the following Non-
Weather Emergency Messages within Monroe County: "Nuclear Power Plant Warning" and
"Civil Emergency Message". The Non-Weather Emergency Messages will be sent to National
Weather Service Key West through the Federal Emergency Management Agency Integrated Public
Alert and Warning System for broadcast over NOAA Weather Radio All Hazards. 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 Emergency Management Public
Information Office, approved by the Monroe County Emergency Management Director, and sent
to National Weather Service Key West through the Federal Emergency Management Agency
(FEMA) Integrated Public Alert and Warning System (IPAWS)for broadcast over NOAA Weather
Radio (NWR)All Hazards. The Monroe County Public Information Officer will email an electronic
version of the Non-Weather Emergency Messages to SR-KEY.Forecasters@noaa.gov and
990
follow-up with a telephone call to confirm receipt.
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.
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
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.
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 MOAor 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 or suit which arises out of the obligations of this MOA.
6. Amendments. This MOA may be amended or modified by mutual consent of the parties,
991
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
992
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
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.
B.Term
1. This agreement shall commence upon the date of execution of the last signatory to the
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.
C. We,the undersigned have read and agree with this MOU.Further,we have reviewed
the proposed responsibilities and approve it.
Witness NOAA/Florida Keys,National Weather Service
Digitally signed by
KASPER.KENNARD.BEVAN.1365856938
By:
Date:2023.06.23 13:04:39-04'00'
Shannon Weiner Date Kennard Kasper, Meteorologist-in-Charge
NOAA/Florida Keys
National Weather Service
AITToved as to fo nn and legal sufficiency
Monroe
Attofnt,y's Office
una t��wy,.
C ast Assistant County Atknim y
Date:6.27.23
993