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Agenda 04/14/20 Item # 8 (Agenda ID 12196) 04/27/2020 EXECUTIVE SUMMARY Recommendation to execute a Memorandum of Agreement(MOA) between Collier County and the Florida Division of Emergency Management for the storage of palletized materials and medical equipment. OBJECTIVE: To authorize the storage of palletized materials and medical equipment including ventilators from FDEM at the Collier County Emergency Operations Center. CONSIDERATIONS: Kevin Guthrie, Deputy Director of FDEM, requested that the Collier County EOC support State efforts logistically with some storage space for palletized materials and medical equipment including ventilators. The EOC has ample conditioned and non-conditioned space to support this request with no inconvenience. Storage at this location saves some freight movement and allows both the northern counties and the east coast counties to more conveniently access needed supplies. This will not tie County staff to any delivery obligations, as agencies would come to the EOC to pick-up supplies. FISCAL IMPACT: There are no fiscal impacts associated with this Executive Summary. GROWTH MANAGEMENT IMPACT: There are no Growth Management Impacts associated with this Executive Summary. LEGAL CONSIDERATIONS: N/A RECOMMENDATION: To approve the Memorandum of Agreement to store palletized material and medical equipment for the Florida Division of Emergency Management. Prepared by: Paula Brethauer, Operations Analyst, Administrative Services ATTACHMENT(S) 1.Collier EM-FDEM MOA Storage Email (PDF) 2.Florida EM-Time Sensitive Request Email (PDF) 3. MOA (PDF) 04/27/2020 COLLIER COUNTY Board of County Commissioners Item Number: 2.3 Doc ID: 12196 Item Summary: Recommendation to approve and execute a Memorandum of Agreement (MOA) between Collier County and the Florida Division of Emergency Management for the storage of palletized materials and medical equipment. Meeting Date: 04/27/2020 Prepared by: Title: —Administrative Services Department Name: Paula Brethauer 04/13/2020 11:20 AM Submitted by: Title: Department Head-Administrative Svc—Administrative Services Department Name: Len Price 04/13/2020 11:20 AM Approved By: Review: County Attorney's Office Paula Brethauer Level 3 CAO Review Skipped 04/10/2020 12:23 PM Office of Management and Budget Paula Brethauer Level 3 OMB Gatekeeper Review Skipped 04/10/2020 12:23 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 04/13/2020 2:46 PM Board of County Commissioners MaryJo Brock Meeting Pending 04/27/2020 10:00 PM From: Twomey.Stephanie To: SummersDan;Guthrie.Kevin Cc: OchsLeo;PriceLen;KlatzkowJeff Subject: RE: [EXTERNAL]Collier EM-FDEM MOA Storage Date: Sunday,April 5,2020 9:29:31 AM Attachments: image001.ioq EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Good Morning, Yes sir. Email transmittal works. I will get back to you later today. I appreciate your time and assistance sir. Sorry for the delayed response. Very Respectfully, ///((1//( . nTo1i/7 Stephanie Twomey Agency Clerk Florida Division of Emergency Management Cell: (850)-815-5762 Direct: (850) 815-4160 Stephanie.TwomeyC@em.myflorida.com Most written communications to or from state employees are public records obtainable by the public upon request. Emails sent to me at this email address may be considered public and will only be withheld from disclosure if deemed confidential pursuant to the laws of the State of Florida. From:SummersDan <Daniel.Summers@colliercountyfl.gov> Sent: Saturday,April 4, 2020 2:44 PM To:Twomey, Stephanie <Stephanie.Twomey@em.myflorida.com>; Guthrie, Kevin <Kevin.Guthrie@em.myflorida.com> Cc: OchsLeo<Leo.Ochs@colliercountyfl.gov>; PriceLen <Len.Price@colliercountyfl.gov>; KlatzkowJeff <Jeff.Klatzkow@colliercountyfl.gov> Subject: [EXTERNAL] Collier EM- FDEM MOA Storage CAUTION:This email originated from outside of the organization. Do not click links or open attachments unless ou reco:nize the sender and know the content is safe. Stephanie and Kevin Good Afternoon Please see our MOA and email approval from County Manager Leo Ochs as noted below. I am having printer difficulties at home, and hope you will accept this email transmittal until we can get you a hand signed copy on Monday. Collier EM is available to assist at any time. Thanks to your entire team for their ongoing support. Respectfully, Dan Summers From:OchsLeo<Leo.OchsPcolliercountyfl.gov> Sent: Saturday,April 4, 2020 2:11 PM To:SummersDan <Daniel.SummersPcolliercountyfl.gov> Cc: KlatzkowJeff<Jeff.KlatzkowPcolliercountyfl.gov>; CasalanguidaNick <Nick.CasalanguidaPcolliercountyfl.gov>; PriceLen <Len.PricePcolliercountyfl.gov> Subject: Re: Florida EM-Time Sensitive Request Dan I am in agreement with your assessment and authorized to execute the MOA on my behalf. Sent from my iPhone On Apr 4, 2020, at 12:59 PM,SummersDan <Daniel,SummersPcolliercountyfl.gov> wrote: Leo Good afternoon. Kevin Guthrie, Deputy Director, has just called requested that our EOC support him logistically with some storage space for palletized materials and medical equipment including ventilators. We have ample conditioned and non-conditioned space to support this request with no inconvenience. Kevin would like to save some freight movement and move some bulk shipments to our location to allow both our northern counties and the east coast counties to draw from our location. This does not tie us to any delivery obligations,as agencies would come to our location and pick-up supplies.We would certainly offer to assist if appropriate or emergent. Please, if you could sign this MOA, or forward me an email for approval while the MOA is being signed, I could advise Kevin that we are ready to receive product. I expect he his hoping to be able to make some deliveries tomorrow-which we can easily receive. Thanks! Dan Summers Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. <MOA DEM and COLLIER COUNTY(003).des.docx> Under Florida law, correspondence with the Florida Division of Emergency Management, which is neither confidential nor exempt pursuant to Florida Statutes Chapter 119, is a public record made available upon request. From: SummersDan To: OchsLeo Cc: PriceLen;CasalanguidaNick Subject: Florida EM-Time Sensitive Request Date: Saturday,April 4,2020 12:59:55 PM Attachments: MOA DEM and COLLIER COUNTY(003).des.doa Importance: High Leo Good afternoon. Kevin Guthrie, Deputy Director, has just called requested that our EOC support him logistically with some storage space for palletized materials and medical equipment including ventilators. We have ample conditioned and non-conditioned space to support this request with no inconvenience. Kevin would like to save some freight movement and move some bulk shipments to our location to allow both our northern counties and the east coast counties to draw from our location. This does not tie us to any delivery obligations, as agencies would come to our location and pick-up supplies. We would certainly offer to assist if appropriate or emergent. Please, if you could sign this MOA, or forward me an email for approval while the MOA is being signed, I could advise Kevin that we are ready to receive product. I expect he his hoping to be able to make some deliveries tomorrow- which we can easily receive. Thanks! Dan Summers Under Florida Law e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request do not send electronic mail to this entity. Instead.contact this office by telephone or in writing Memorandum of Agreement Between Florida Division of Emergency Management And Collier County I. Parties a. This Memorandum of Agreement(hereinafter referred to as"MOA")is made and entered into by and between the Florida Division of Emergency Management("Division"), whose address is 2555 Shumard Oak Blvd.,Tallahassee, Florida 32399-2100, and Collier County("Facility Owner"), whose primary address is: Collier County-Board of County Commissioners, c/o Office of the County Manager 3301 E.Tamiami Trail, Naples, FL 34112 collectively known as the"Parties." II. Background and Purpose a. Pursuant to section 252.35(1), Florida Statutes,the Division is responsible for coordination with efforts of the Federal Government with other departments and agencies of state government,with county and municipal governments and school boards, and with private agencies that have a role in emergency management. b. The Division is authorized by chapter 252, Florida Statutes,to prepare for and respond to states of emergency, including the provision of supplies to local areas affected by the emergency. c. The purpose of this MOA is to utilize the following locations for warehouse space at the for distribution during disaster response of COVID 19 Pandemic. i. ADDRESS: Collier County Emergency Services Center- 8075 Lely Cultural Parkway, Suite 442,Naples, FL 34113 1. The facility approximately 10,000 square feet and racked,and fully operational with loading dockets and fork-lifts. This facility has a combination of climate control and non-climate control space. III. Term and Termination a. This MOA is effective upon the date last signed and executed by the duly authorized representative of the Parties to this MOA. The term shall continue until 60 days after the initial distribution event or disposition of all materials,whichever comes first. b. Termination of this MOA by either Party requires 30 day written notice delivered by hand or certified mail to the address listed below. c. In the event that the Division requests relocation and redeployment of any number of supplies,the terms and conditions of this MOA will continue to apply to the remaining supplies held by the Facility(if any), until the termination or expiration of this MOA. d. In the event that the Facility Owner wishes to terminate the MOA early,the Facility Owner will be responsible for the cost of transporting the supplies to a specified drop off destination,as determined by the Division. IV. General Provisions a. Responsibilities of the Division i. The Division shall retain control of all equipment stored in designated location b. Responsibilities of the Facility Owner i. Inventory Control 1. Owner will provide all location and site contact information to the Division as required for execution of the MOA. 2. Inventory identified in an attachment to this agreement will not be moved out of the designated location after the initial delivery, unless authorized by the Division. 3. Physical Inventories of the material will be conducted not less than quarterly. Reports are due 30 calendar days from quarter end(January 30, April 30,July 30, October 30). Results and inventory reports, in Excel format, will be provided to the designated Division point of contact. 4. Inventory shrinkage due to product damage,possible infestation, facility damage,product degradation, etc. will be reported within 24 hours to the Division's point of contact listed below. None of these situations will be the fiscal responsibility of Owner. Damaged material may be held for inspection by the Division if requested upon notice of damage. 5. Audits of the product may be conducted by the Division with no less than 7 days advance notice. At that time, all material will be made available for inspection and/or counting of product. ii. Utilization of Product 1. In the case of a disaster requiring the use of the inventory,the Division shall provide reasonable notice prior to the distribution or movement of the inventory. 2. All distribution of the Division's material shall require Division's approval and all product movement will be reported to the Division. This will include quantities of product in the agreed units of measure, destination,and date distributed. 3. Facility Owner will make every reasonable effort to fulfill State designated Missions and distribute product to designated emergency locations as requested by the State. 4. Facility Owner will work with all State partners to continue distributions as conditions allow. Power outages,facility damages, or personnel issues may hinder these efforts and are out of the control of the Feeding Florida network. Product shall be made available to State personnel for distribution as conditions allow. 5. All outbound product movement shall be recorded by Owner Facility storage location and reported to the Division. Remaining inventory reporting may be required on a weekly basis and shall provide inventory information as quickly as possible. iii. Post Event 1. Reconciliation of all product held in inventory pursuant to this MOA shall be made within 30 days after the initial distribution event. A final inventory report will be issued by each site at that time. 2. The Division shall advise Owner of changes in disposition, should any inventory remain after the event. 3. The expiration dates of all products will be assessed for practicality of ongoing storage. This will take into consideration time of year and probability of usage prior to expiration. V. Point of Contact a. The parties agree that all notices provided under or pursuant to this MOA shall be in writing, either by hand delivery, or first class certified mail,return receipt requested, or nationally recognized overnight delivery service (by way of example, Federal Express)to the contract representative identified below at the address set forth below and said notification shall be attached to the original of this MOA. b. In the event of a change to the point of contact,the new point of contact will notify the other party of this change within 30 days by written notice delivered by hand or certified mail to the address listed below. c. The Point of Contact for the Division is: Name: Eugene Buerkle, Logistics Chief Email: eugene.buerkle@em.myflorida.com Telephone: (850)815-4275 Address: 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 d. The Point of Contact for the Facility Owner is: Name: Dan E. Summers, Director Collier County Bureau of Emergency Services and Emergency Management Email: Daniel.Summers@Colliercountyfl.gov Telephone: (239)253-4671 Address: 8075 Lely Cultural Parkway, Suite 442,Naples, FL 34113 VI. Miscellaneous a. Nothing herein shall constitute or be construed to create or suggest any type or kind of employment,partnership,joint venture, or other legal relationship,express or otherwise, between the parties. b. Liability-Each Party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents.Nothing contained herein shall constitute a waiver by either Party of its sovereign immunity or the provisions of section 768.28, Florida Statutes.Nothing herein shall be construed as consent by either Party to be sued by third parties. c. Amendment- Either Party may request changes to this MOA.Any changes, modifications,revisions or amendments to this MOA that are mutually agreed upon by and between the Parties to this MOA, shall be incorporated by written instrument and effective when executed and signed by all Parties to this MOA. d. Value of MOA—Feeding Florida shall not pursue funding, grants or other types of compensation from the State of Florida in association with storage of the subject product. IN WITNESS WHEREOF,the Parties hereto have caused this Memorandum of Agreement to be executed by their duly authorized representatives on the dates appearing beneath their respective signatures. as duly authorized. Collier County: Leo Ochs, County Manager Signature Printed Name Title Date DEM: Florida Division of Emergency Management BY: Director or Designee Signature Printed Name Title Date