HomeMy WebLinkAbout2019-179MEMORANDUM OF AGREEMENT FOR USE OF WEATHERSTEM STATIONS
BETWEEN
THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT
AND
INDIAN RIVER COUNTY
This Memorandum of Agreement ("MOA") is entered into by and between the
Florida Division of Emergency Management ("FDEM") and Indian River County
("Recipient").
WHEREAS, the Florida Legislature appropriated $970,000 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,
eather;
WHEREAS, FDEM has contracted with WeatherSTEM for the purchase and
installation of fifty (50) 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;
NOW THEREFORE, in consideration of the mutual promises and conditions herein
contained, the Parties agree to the following terms.-
1.
erms:
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. .
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
of their estimated lives following the expiration of the three (3) year maintenance
agreement with WeatherSTEM. A Weather Station's expected equipment life is
estimated to be ten (10) years.
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:
Amy Gam,
For FDEM: J
Florida Division of Emergency Management
2555 Shumard Oak Blvd.
Tallahassee, FL 32399
_ SSa - 51 o - ��f!� �
Ido g�aSe C e m�,3Y . c.
For Recipient Tad Stone, Director
Indian River County Emergency Services
4225 43rd Avenue
Vero Beach, FL 32967
(772) 226-3869
tstone .ircgov.com
7. 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. Any modification of this MOA, except the attachment of proof of
installation of the Weather Station(s), 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.
d. This MOA shall not be construed against either Party and shall be deemed
to have been drafted by both Parties.
e. This Agreement creates neither a partnership nor a joint venture, and
neither Party has the authority to bind the other.
f. 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
parties.
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g. 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.
h. This Agreement, 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 Agreement
IN WITNESS WHEREOF, the parties hereto have caused this MOA to be
executed by their undersigned officials as duly authorized.
COUNTY
FLORIDA DIVISION OF EMERGENCY
MANAGEMENT
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By. cT�jT;Tr.r' By. lSrsL
Jared Moskowitz, Director
0 41' N44
Bob Solari, Chairman
• <r • 'ter' ' •.
•,;9COvlJTV F�O���P,:••
Date
November 5, 2019
Date
APPROVED
ountY Adnlinistrator
APPROVED AS
TO FO
AND kLGA OF CI v
BYCM K. ESRAAL
DEUTYOUNTYATTORNEY
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Attest: Jeffrey R. Smith, Clerk of
Court and Comptroller
By: c)dhAL JIL2L/4— Y' Deputy Clerk
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 I Address
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