Agenda 01/10/2023 Item #16F2 (Approval of MOU to acquisition, maintenance, mobilization and disaster assistance use of a trailer mounted mobile oxygen generating system)16. F.2
01 / 10/2023
EXECUTIVE SUMMARY
Recommendation to approve a Memorandum of Understanding between Collier County and the State of
Florida, Department of Health, Collier County Health Department, for mutual participation in the
acquisition, mobilization, and disaster assistance for a mobile oxygen generating system.
OBJECTIVE: To obtain approval of a Memorandum of Understanding (the "MOU") between State of Florida -
Department of Health, Collier County Health Department ("DOH Collier") and Collier County with respect to the
acquisition, maintenance, mobilization, and disaster assistance use of a trailer mounted mobile oxygen generating
system.
CONSIDERATIONS: To enter into the MOU agreement establish terms between the County and DOH Collier
concerning the disaster and non -disaster use arrangement initiated for the mutual benefit of the referenced parties
and the acquisition of a trailer -mounted mobile oxygen -generating system.
The attached MOU provides for DOH Collier to purchase a mobile oxygen generator system and provide
maintenance on the system for the first three years of ownership. The County's Emergency Management Division
has the skills, tow vehicles, resources, and personnel to assist DOH Collier with the storage, maintenance,
deployment, and tank re -filling efforts to support local and regional first -responder demands during supply shortages
as well as disaster needs of oxygen -dependent evacuee's sheltered in a special and functional needs shelter. Such
mutual -aid support during supply shortages or disasters will be made available to Collier County EMS, qualified first
responder organizations, and regional and/or State Emergency Operations Centers upon request. Mutual -aid efforts
may require deployments in a fashion similar to other State requests for local assistance via the State's Emergency
Operations Center.
The trailer will be titled to the Board of County Commissioners in a similar fashion to Emergency Management's
other inventory of disaster supply utility trailers and such minor cost may be absorbed within existing operational
budgets.
FISCAL IMPACT: There is no current fiscal impact associated with this action. The Emergency Management
Division will absorb the operational cost of the system following the expiration of DOH Collier's three-year funding
support following the acquisition. Operational funds are available under the general fund cost center 001-144210.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote
for Board Action - SRT
RECOMMENDATION: That the Board approve the attached MOU between Collier County and State of Florida -
Department of Health, Collier County Health Department, and authorize the Chairman to sign the MOU.
Prepared by: Dan E Summers, Director of Bureau of Emergency Services and Emergency Management
ATTACHMENT(S)
1. CAO Approved MOU between CC and DOH (PDF)
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16. F.2
01/10/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.2
Doe ID: 24200
Item Summary: Recommendation to approve a Memorandum of Understanding between Collier County and the
State of Florida, Department of Health, Collier County Health Department, for mutual participation in the
acquisition, mobilization, and disaster assistance for a mobile oxygen generating system.
Meeting Date: 01/10/2023
Prepared by:
Title: Executive Secretary — Emergency Management
Name: Kathy Heinrichsberg
12/20/2022 10:52 AM
Submitted by:
Title: Division Director - Bureau of Emer Svc — Emergency Management
Name: Daniel Summers
12/20/2022 10:52 AM
Approved By:
Review:
Emergency Management
County Attorney's Office
Office of Management and Budget
County Attorney's Office
Community & Human Services
County Manager's Office
Board of County Commissioners
Daniel Summers Director Review
Scott Teach Level 2 Attorney Review
Debra Windsor Level 3 OMB Gatekeeper Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Maggie Lopez Additional Reviewer
Geoffrey Willig Level 4 County Manager Review
Geoffrey Willig Meeting Pending
Completed
12/20/2022 10:57 AM
Completed
12/20/2022 11:05 AM
Completed
12/20/2022 11:38 AM
Completed
12/21/2022 9:17 AM
Completed
12/27/2022 9:18 AM
Completed
12/27/2022 11:25 AM
01/10/2023 9:00 AM
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1 6.F.2.a
MEMORANDUM OF AGREEMENT
BETWEEN
STATE OF FLORIDA, DEPARTMENT OF HEALTH,
COLLIER COUNTY HEALTH DEPARTMENT
AND
COLLIER COUNTY
This Memorandum of Agreement is entered into this 1 st day of January 2023, by
and between the State of Florida. Department of Health. Collier County Health
Department, hereinafter referred to as the "Department," and Collier County, a political
subdivision of the State of Florida, by and through its Board of County Commissioners,
hereinafter referred to as "Collier County," Collier County's Emergency Medical
Services Department and Emergency Management Division will be referred to as EMS
and EM respectively. The Department and Collier County will be referred to
collectively as the "parties."
WHEREAS, the Department is responsible for the public health system in Collier
County, which is designed to promote, protect, and improve the health of its citizens, and
WHEREAS, the parties would like to collaborate to enhance Collier County's
emergency and disaster shelter response capability by jointly operating a mobile oxygen
generation station. The station is capable of supporting Collier County EMS during surge
demands and as well as independently providing much needed oxygen surge capacity for
natural and manmade disasters in local or regional Special Needs Shelters as coordinated
by Collier County EM, State Emergency Operations Center, or its mutual -aid partner
agencies.
NOW, THEREFORE, the parties agree as follows:
Department responsibilities:
1. The Department will purchase the oxygen generating system and, during the first
three (3) years of this Memorandum of Agreement, will he solely responsible for the
costs of routine maintenance and calibration and any necessary training by the
manufacturer. The oxygen generating system will become Collier County property
assigned to the Collier County EM immediately upon purchase. (See Attachment A:
Financial Responsibilities)
2. The Department, Collier County EMS and Collier County EM will follow the
manufacture's and National Fire Protection Association (NFPA) protocols for the
operation of the oxygen generating system as well as the storage and handling of oxygen
cylinders while on -station at Collier County EM designated site(s).
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3. The Department agrees to allow Collier County EM to tow, decal and operate the
unit for day-to-day use to support surge demands for oxygen to local responders, Collier
County EMS, and disaster mutual assistance situations.
4. The Department agrees to have its staff participate in vendor -provided training in
partnership with staff from Collier County EM and EMS.
Coun y responsibilities:
1. The trailer mounted self-contained oxygen generating system will be housed.
stored, and operated at the Collier County EM supply warehouse located at 8075 Lely
Cultural Parkway, Naples. FL 34113. Collier County EM has multiple tow vehicles in its
fleet for deployment.
2. Collier County EM will be solely responsible for all costs associated with the
operation and maintenance of the trailer on which the oxygen generating system is
mounted, the tilling of the Department's s oxygen cylinders as needed. facility and utility
costs associated with the oxygen generating system, the storage of cylinders on their site,
and the periodic and unscheduled maintenance of the system (outside of the initial three
(3) years of this Agreement). (Sec: Attachment A: Financial Responsibilities).
3. Collier County will be solely responsible for all costs associated with any repairs
needed of the mobile oxygen generating system for the useful life of the oxygen
generating system, aside from the routine maintenance and calibration services that will
be provided by the Department during the first three (3) years of this Memorandum of
Agreement.
4. Commencing in year four of this Memorandum of Agreement, in addition to all of
the other Collier County costs and responsibilities listed in this Memorandum of
Agreement, Collier County will assume and be solely responsible for all costs associated
with routine maintenance and calibration of the oxygen generating system and any future
training required by the manufacturer.
5. Collier County EM agrees to maintain the system in a state of readiness, by
minimizing downtime to the greatest extent possible to ensure rapid deployment during
an emergency to a specified location in Region 6. which is comprised of coastal and
inland counties in Southwest Florida. At the discretion of the Collier County Director of
Emergency Management, Collier County will deploy the mobile oxygen generator
outside of the region in cooperation with the State Emergency Operations Center and the
Florida Department of Health. Collier County will be responsible for all transporting of
the oxygen generating system and associated equipment. During an emergency response,
the receiving county will staff the oxygen generating system.
6. Collier County EM agrees to have all Oxygen bottles on site, including those
owned by the Department. hydrostatically and oxygen purity tested at a nominal cost as
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required, at Collier County's expense. Oxygen bottles not passing testing by a third party
are to he disposed of at Collier County's expense.
7. Collier County EM agrees to provide Department designees with 24-hour, 7 day per
week, 365 day per year access by trained personnel to the oxygen cylinder storage area
within the Collier County EM site.
8. Collier County EM and Collier County EMS will maintain an oxygen rental
supply contractor(s) for use during normal operations and whenever the oxygen
generating system is undergoing maintenance or is deployed and use this deployable
oxygen generating system for surge demands, disaster situations, or supply chain delays.
1. TERM
This Memorandum of Agreement shall continue after the effective date until terminated
in accordance with the Termination provision in Section III of this Memorandum of
Agreement. The parties shall review this Memorandum of Agreement from time to time
and revise, if necessary, by mutual agreement.
If. SPECIAL CONSIDERATIONS
Confidentiality. Where applicable the parties will comply with the Health Insurance
Portability and Accountability Act as well as regulations promulgated thereunder (45
CFR Parts 160, 162, and 164).
Liability. Each party will he liable for any damages resulting from the negligence of its
employees or agents acting within the scope of their employment or agency, in
accordance with Section 768.28. Fla. Stat. Nothing herein is intended to waive sovereign
immunity by any party to whom sovereign immunity is applicable. Nothing herein shall
be construed as consent by any party to be sued by a third party in any matter arising out
of any contract.
111. GENERAL CONSIDERATIONS
Amendments. No modifications or amendment to the conditions contained herein shall
be effective unless contained in a written document and executed by each party hereto.
Waiver of Breach. The failure on the part of either party to enforce any material
provision of this Agreement on any single occasion shall not constitute a waiver of the
right to enforce any and all materiaf provisions of this Agreement.
Venue. This Memorandum of Agreement is executed and entered into in the State of
Florida, and shall he construed, performed, and enforced in all respects in accordance
with the laws, rules, and regulations of the State of Florida.
Independent Contractor. By this Memorandum of Agreement, the parties intend to
establish between them the relationship of mutually independent contractors. Each party
and the officers. employees, agents, subcontractors, or other contractors thereof shall not
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be deemed by virtue of the Memorandum of Agreement to be officers, agents, or
employees of the other party.
Termination. Either party may terminate this Agreement, with or without cause, with a
minimum of thirty (30) days written notice to the other party.
Notices. Except as otherwise provided herein, any notice, acceptance, request, or
approval from either party to the other party shall be in writing and sent by certified mail,
return receipt requested, and shall be deemed to have been received when either
deposited in a United States Postal Service mailbox, or personally delivered with signed
proof of delivery.
Cooperation with the Inspector General: The parties acknowledge and understand that
they have a duty to and will cooperate with the Inspector General in any investigation.
audit, inspection, review, or hearing, pursuant to Section 20.055 (5), Florida Statutes.
The Department's and the County's representatives are as follows:
Collier County Bureau of Emergency Services and Emergency Management
Dan Summers, Director
8075 Lely Cultural Parkway
Suite 442
Naples, FL 34113
State of Florida, Department of Health Collier County
Kim Kossler, Administrator
Florida Department of Health in Collier County
3339 Tamiami Trail East, Bldg. H
Naples, Florida 34112
IV. EFFECTIVE DATE
This Agreement shall become effective upon the date of its execution by both parties.
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IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of
Agreement to be executed by the undersigned officials, as duly authorized.
ATTEST:
Crystal K. Kinzel, Clerk of Courts
& Comptroller
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
Rick LoCastro, Chainnan
Deputy Clerk
Approved as to form and
legality
Jeffrey A. Klatzkow
County Attorney
STATE OF FLORIDA
DEPARTMENT OF HEALTH
COLLIER COUNTY HEALTH DEPARTMENT
By:�-
Print: 1"-., rti) Yic
Title: r—d-CY1, (l�'��YCi� COY'
Date:
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Attachment A: Financial Rest)onsibilities
Florida Department of Health -Collier (State) and Collier County (County)
MOGS-100 OXYGEN GENERATOR SYSTEM WITH TRAILOR , November 28, 2022
Price Per
Description
Unit
Quantity
Amount
State Cost
County Cost
MOGS-100 Medical
Oxygen Generating
System
$97,900.00
1
$97,900.00
$97,900.00
Trailer (to House
MOGS-100 unit)
$85,040.00
1
$85,040.00
$85,040.00
Start -Up,
Commissioning &
Training
$3,500.00
1
$3,500.00
$3,500.00
Shrink wrapping of
Trailer for Transport
$850.00
1
$850.00
$850 00
3yr Srvc Annual
Preventative Maint
Contract-1 visit per yr
Years 1-3 Annual
Preventative
Maintenance Calibration
and Training
$7,500.00
1
$7,500.00
$7,500.00
Any costs associated with
repairs needed other than
Life of the oxygen
routine maintenance and
generator system
calibration
Annual Preventative
Maintenance Calibration
Startinq Year 4 forward
and Training
Estimate cost of
shipping
$11,500.00
1
$11,500.00
$11,500.00
MOGS-100 Surge
Protective Device
$1,025.00
1
$1,025.00
$1,025.00
Buck Boost (208->240V
transformer)
$410.00
1
$410.00
$410.00
50ft High Pressure
Trans -Fill Hose
Assembly
$2,388.00
1
$2,388.00
$2,388.00
H/K Size Steel Oxygen
Storage Cylinders
$495,00
5
$2,475.00
$2,475 00
D Size Aluminum
Oxygen Storage
Cylinder
$125.00
20
$2,500.00
$2,500.00
M Size Aluminum
Oxygen Storage
Cylinder
$375.00
5
$1,875,00
$1 875.00
Total Amount
___F
Requested
$216,963.00
$216,963.00
$
r
Q
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