Agenda 11/14/2023 Item #16F 9 (Memorandum of Agreemeent for the purchase of Weather Stations and ultra-low power radar for real-time weather data)11/14/2023
EXECUTIVE SUMMARY
Recommendation to approve a Memorandum of Agreement (MOA) between Collier County and the Florida
Division of Emergency Management for the purchase of Weather Stations and or ultra-low power radar in
designated locations for hyper-local real-time weather data.
_____________________________________________________________________________________
OBJECTIVE: To obtain approval to enter into a Memorandum of Agreement between Collier County (County)
and the Florida Division of Emergency Management for the installation of weather stations under a statewide
funding appropriation known as the Florida Severe Weather Mesonet.
CONSIDERATIONS:
To establish an understanding between the County’s Division of Emergency Management and the Florida Division
of Emergency Management (FDEM) for the State’s purchase and installation of up to 6 weather stations and/or
ultra-low power gap-filling weather radar units.
The weather stations and or low-power radar units are needed to improve hyper-local weather information around
the State. FDEM will purchase and install the units through its approved vendor referenced as WeatherStem® or
similar weather observation products. FDEM will manage all installation, operating, and maintenance costs for a
period of three years after installation. Following the three-year maintenance service period, the County via its
pass-through disaster preparedness grant funds or other minor general funds will cover future maintenance costs for
the estimated 10-year equipment life. Such stations which may include cameras will be for the sole purpose of
atmospheric data collection and atmospheric observation only.
The County’s Emergency Management Division and FDEM will work with partner agencies such as Parks, Public
Utilities, municipalities, Pelican Bay, and others for mutually agreeable placement. The Emergency Management
Division recognizes that more precise local weather observations are needed to aid in all -hazard response and
evaluation of protective action recommendations during times of local emergency.
GROWTH MANAGEMENT IMPACT: None
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote
for Board action.
FISCAL IMPACT: There is no fiscal impact associated with this action until the end of the three-year
maintenance period. The County will then contract with WeatherStem® for future minor maintenance costs via
funding from annual grant or general fund sources. The estimated future cost of maintenance following the thr ee
years of State supported maintenance is $2,300 per station.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: To approve the MOA between the Florida Division of Emergency Management and
Collier County.
Prepared by: Dan E. Summers, Director of Bureau of Emergency Services
ATTACHMENT(S)
1. FY23-24_MOA FDEM-Agency for WeatherSTEM Weather - CAO rev1 Receipent Added. des_ (DOCX)
16.F.9
Packet Pg. 1597
11/14/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.9
Doc ID: 26996
Item Summary: Recommendation to approve a Memorandum of Agreement (MOA) between Collier County and
the Florida Division of Emergency Management for the purchase of Weather Stations and or ultra -low power radar
in designated locations for hyper-local real-time weather data.
Meeting Date: 11/14/2023
Prepared by:
Title: Executive Secretary – Emergency Management
Name: Kathy Heinrichsberg
10/16/2023 4:13 PM
Submitted by:
Title: Division Director - Bureau of Emer Svc – Emergency Management
Name: Daniel Summers
10/16/2023 4:13 PM
Approved By:
Review:
Emergency Management Daniel Summers Director Review Completed 10/16/2023 4:34 PM
Emergency Management Michael Choate Executive Director Review Completed 10/16/2023 4:39 PM
County Attorney's Office Jeffrey A. Klatzkow Level 2 Attorney Review Completed 10/17/2023 9:02 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 10/17/2023 10:08 AM
Office of Management and Budget Agnieszka Chudy Additional Reviewer Completed 10/17/2023 11:19 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/17/2023 11:31 AM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 10/31/2023 11:23 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 11/14/2023 9:00 AM
16.F.9
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MEMORANDUM OF AGREEMENT FOR USE OF WEATHERSTEM STATIONS
BETWEEN
THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT
AND COLLIER COUNTY
This Memorandum of Agreement (“MOA”) is entered into by and between the
Florida Division of Emergency Management (“FDEM”) and Collier County-
Emergency Management Division. (“Recipient”).
WHEREAS, the Florida Legislature appropriated $1,476,000.00 to the Executive
Office of the Governor, Division of Emergency Management, to fund the Florida Severe
Weather Mesonet – WeatherSTEM;
WHEREAS, the purpose of this appropriation was to provide FDEM with hyper-local,
real-time weather data in strategic locations to provide critical information to assist in the
deployment of resources to impacted areas during times of severe weather;
WHEREAS, FDEM has contracted with WeatherSTEM for the purchase and
installation of weather monitoring systems (“Weather Station”) in designated locations
throughout the state, including maintenance for three years;
WHEREAS, FDEM has coordinated with the counties where the Weather Stations
would be installed;
WHEREAS, ownership of the Weather Stations will be transferred to the Recipient
upon installation;
WHEREAS, to ensure that this mesonet continues to benefit the state, the Recipient
will agree to maintain each Weather Station it receives for at least an additional seven
(7) years following the end of the WeatherSTEM maintenance agreement;
WHEREAS, WeatherSTEM maintenance costs are eligible for recovery under the
Emergency Management Preparedness and Assistance (EMPA) Grant and may also be
eligible under the Emergency Management Performance Grant (EMPG) Program ;
NOW THEREFORE, in consideration of the mutual promises and conditions herein
contained, the Parties agree to the following terms:
1. Recipient agrees to take ownership of the Weather Station(s) within its
geographical control from FDEM immediately upon installation of the Weather
Station.
2. FDEM agrees to prepay for the maintenance of the Weather Stations for three (3)
years following its installation by WeatherSTEM.
3. Recipient expressly agrees to be fully responsible for the maintenance, repair,
software updates, and any other costs of the Weather Station(s) for the duration
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of their estimated lives following the expiration of the prepaid three (3) year
maintenance agreement with WeatherSTEM. A Weather Station’s expected
equipment life is estimated to be ten (10) years. WeatherSTEM provided
Recipient with the estimated annual cost for maintaining a Weather Station. At
its option, Recipient may separately contract with WeatherSTEM to maintain the
Weather Station for the duration of the MOA.
4. Recipient agrees to use the Weather Station(s) for their intended purpose and
provide data to WeatherSTEM and its users as required by WeatherSTEM and
FDEM.
5. Proof of installation of the Weather Station(s), to include a serial number, location
address, and other relevant information, is incorporated by reference and shall
be attached to this MOA without need for further agreement by the Parties.
6. All notices provided under or pursuant to this MOA shall be in writing, and sent
via certified mail return receipt requested, along with a courtesy copy via
electronic mail, to the representatives and addresses identified below:
For FDEM: Caitlyn Gillespie, Deputy State Meteorologist
Florida Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, FL 32399
(850) 688-2119
Caitlyn.Gillespie@em.myflorida.com
For Recipient Dan E. Summers, Director Emergency Management
C/O County Managers Office
8075 Lely Cultural Parkway, Suite 442
Naples, FL 34223
(239) 252-3600
Dan.Summers@CollierCountyfl.gov
7. Term
a. The Term of this MOA is ten years from the date of installation of the
Weather Station.
b. If the Weather Station ceases operation prior to the end of its estimated
ten-year life, or if the Weather Station is destroyed by an accident not
otherwise covered by insurance, the Recipient is not obligated to replace
the Weather Station and the MOA would be void unless the parties agree
otherwise. If WeatherSTEM, after consulting with the Recipient, replaces
the damaged Weather Station, the Recipient is responsible for the
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maintenance of the new unit through the remainder of the original Term of
this MOA.
c. Provisions surviving the Term of this MOA: (1) the Recipient shall allow
WeatherSTEM to continue collecting weather data from the Weather
Station until the Weather Station ceases to function; (2) WeatherSTEM
and the Recipient may mutually agree who is responsible for maintaining
the Weather Station following the end of the Term of this MOA.
8. Miscellaneous
a. This MOA shall be governed by the laws of the State of Florida and venue
shall be in Leon County, Florida.
b. The Parties agree that nothing in this MOA serves to create an employer-
employee relationship between FDEM and Recipient.
c. This Agreement creates neither a partnership nor a joint venture, and neither
Party has the authority to bind the other.
d. Except for the attachment of proof of installation of the Weather Station(s),
any modification of this MOA or additional obligation assumed by either Party
with regard to this MOA shall be binding only if evidenced in writing signed by
an authorized representative of each Party.
e. 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.
f. This MOA shall not be construed against either Party and shall be deemed to
have been drafted by both Parties.
g. Nothing contained herein shall constitute a waiver by either Party of its
sovereign immunity or the provisions of Section 768.28, F.S. Nothing herein
shall be construed as consent by either Party to be sued by third par ties.
h. This MOA, upon execution, contains the entire agreement of the parties and
no prior written or oral agreement, express or implied, shall be admissible to
contradict the provisions of this MOA.
i. This MOA may be executed in counterparts, each of which shall be deemed
an original but all of which shall constitute one and the same MOA.
INTENTIONALLY LEFT BLANK
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IN WITNESS WHEREOF, the parties hereto have caused this MOA to be
executed by their undersigned officials as duly authorized.
FLORIDA DIVISION OF EMERGENCY
MANAGEMENT
By:_____________________________
Ian Guidicelli, Bureau Chief
of Response
________________________________
Date
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crystal K. Kinzel, Clerk of Courts COLLIER COUNTY, FLORIDA
By: ___________________________ By: _____________________________
, Deputy Clerk Rick LoCastro, Chairman
Date: ___________________________
Approved as to form and legality:
______________________________
Jeffrey A. Klatzkow, County Attorney
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Addendum
Proof of installation of the Weather Station(s), to include a serial number, location
address, and other relevant information, is incorporated by reference and shall be
attached to this MOA without need for further agreement by the Parties.
Serial Number Address
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