HomeMy Public PortalAboutMOA Senior Activity Center - FDOHMEMORANDUM OF AGREEMENT
FOR
FACILITY USE FOR CONTINUITY OF OPERATIONS
IN OKALOOSA COUNTY, FLORIDA
Lease Number:
Lessor Fed ID:
This Agreement entered into by and between the City of Crestview ("Lessor") and the State of
Florida, Department of Health ("Lessee"), is to support the use of the Senior Activity Center in
Crestview as an alternate facility for Department of Health operations. The parties agree as
follows:
1. PURPOSE: The property shall be used during the term of the Agreement by the State of
Florida, its staff and registered volunteers, as an alternate facility for operation of essential
public health activities during a disruption of the Lessee's normal facility.
2. TERM: This Memorandum of Agreement will begin effective when signed by all partied and
will expire five years from the last signature date, unless amended or canceled in writing. See
paragraph 7.
a. The Lessor will:
1. Maintain full discretion, based on the nature of an emergency and agencies
requesting use of this facility, as to which agency will occupy the facility.
2. Upon Lessor approval, provide sole use of the Senior Activity Center located
at 325 Stillwell Blvd, Crestview, Florida in the event that the Florida
Department of Health (FDOH — Okaloosa) Continuity of Operations Plan
(COOP) is activated. This will include the use of electricity, air conditioning
and heating, water, telephones, internet and equipment belonging to the
facility.
3. Provide tables, chairs and other available equipment located at the facility for
set-up of office and clinic work areas.
4. Conduct a brief walk-through to establish the condition of the facility prior to
occupation by Department personnel.
5. Provide keys and any other devices needed to secure entrances/exits to the
facility.
6. Provide a 24 -hour point of contact to help resolve any facility issues that may
occur during COOP dislocation operations.
7. In the event that multiple users are operating from the Senior Activity Center,
notify FDOH — Okaloosa Command Staff of preferences for staff and client
parking. If no preferences are indicated, clients and staff will park in an "as
found" basis in the Spanish Trail parking area.
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b. The Lessee will:
1. Notify the Lessor of the need to use the Senior Activity Center and await
Lessor approval.
2. Upon approval and dependent upon time and/or manpower, either participate
jointly in the facility inspection with the Lessor or accept their report as the
actual condition of the facility prior to Department operations. The
Department's On -site Incident Commander will decide which method will be
utilized.
3. Provide all manpower and equipment, not already available at the facility,
required to set up, secure, and conduct Department operations at the facility.
4. Occupy the facility for the minimum time possible. Occupation of the facility
will not extend past 30 days without coordination with and approval from the
City of Crestview.
5. Upon termination of Department operations, restore the facility to the same
condition as it was prior to operations being conducted.
3. RENT: No rent or any additional consideration is due to or from either party.
4. ASSIGNMENT AND SUBLETTING: Lessee shall make no unlawful, improper, or offensive use
of the property; nor assign or sublet any part of said property without the written consent of the
Lessor; and Lessee shall quit and deliver up said property at the end of said term in as good
condition as they were at the beginning of said term, excepting only ordinary wear, decay, and
damage by the elements.
5. DONATION NATURE OF AGREEMENT: Lessor is donating the temporary use of the property
under this Agreement, and the donation will be recorded through the Lessee's procedures.
Lessor will establish an approximate value of the donation for this purpose.
6. MAINTENANCE AND REPAIRS: N/A.
7. AMENDMENT OR CANCELLATION: Any amendment must be in writing and signed by both
parties. Any cancellation must be in writing and hand -delivered to or faxed to a party signatory.
8. LESSOR'S ACCESS TO PREMISES: Lessor reserves the right to remain on the property at
all times during this Agreement.
9. SCOPE OF USE: Lessee is entitled to quiet enjoyment of the property and shall not be evicted
or disturbed while in possession of the property so long as Lessee complies with the terms of
this Agreement. Lessee shall be entitled to conduct its legal business on the property in its
exclusive discretion during the life of this Agreement.
10. UTILITIES: Lessor shall be responsible for all property utilities and related charges, including
charges for water, sewage, and trash pick-up during the term of this Agreement. Lessee will be
responsible for the removal of bio-hazard waste or any waste that does not meet the City of
Crestview's minimum requirements as state in the Solid Waste Ordinance. As to waste
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generated during Lessee's use of the property, we are only responsible for biowaste that is
generated by us and our use, not during the rest of the year.
11. INSURANCE. At all times, Lessor is responsible for the insurance of the property for its
use under this Agreement. Lessee, a state agency or subdivision, is self -insured through
the State of Florida Risk Management Trust Fund, established pursuant to Section 284.30,
Florida Statutes, and administered by the State of Florida, Department of Financial
Services. Lessee certifies that it maintains and agrees to continue to maintain during the
term this Agreement, general liability protection coverage through the Risk Management
Trust Fund, and that this protection extends to the Department of Health, its officers,
employees, and agents, and covers statutory liability exposure to the limitations described in
Section 768.28, Florida Statutes. Lessee will convey a copy of its current Certificate of
Coverage upon request.
12. CONFIDENTIALITY. The parties shall maintain confidentiality of all protected health
information, including client records, related to the services provided pursuant to this
Agreement, in compliance with all applicable state and federal laws, rules and regulations.
13. INDEPENDENT STATUS. No relationship of employer/employee, principal/agent, or other
association shall be created by this agreement between the parties or their directors,
officers, agents or employees. The parties agree that they will never act or represent that
they are acting as an agent of the other or incur any obligations on the part of the other
party.
14. AUTHORITY: The signatories below possess authority to enter into this Agreement on
behalf of their principals. This Agreement is effective on the date of the last signature on the
Agreement, and no amendments or side agreements exist except as provided in paragraph
7 above.
15. This Agreement is made and entered into in the State of Florida, and shall be construed,
performed, and enforced in all respects in accordance with the laws, rules, and regulations
of the State of Florida. Venue shall lie in Okaloosa County, Florida.
16. NOTICES: All notices under the Contract shall be in writing and shall be effective when
mailed by certified mail, return receipt requested, or when delivered personally, as provided
hereafter, or to such other addresses as may be designated by notice. Notwithstanding the
foregoing, notification under paragraph 2.b.1. and approval under paragraph 2.a.2. of this
Memorandum of Agreement may be by phone or email, with the designated Lessor contact
person for such notifications being Katie Scott, (850) 344-0574, Il(,,, fl.lie 1 . II a If V u sau r or
Robert Webb, (850) 344-0577, I° aL t. i . OlU ^ Ilt m .
As to the City:
Maryanne Schrader
City Clerk
198 Wilson Street North
Crestview, Florida 32536
Approved this �a day of
As to the Contractor:
FDOH-Okaloosa
221 Hospital Dr NE
Ft Walton Beach , FL 32548
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CITY OF CRESTVIEW
''�%gNiZEO PQ•`
Florida Department of
Health-Okaloosa Coon
Eliza h Smith, MSN, RN
Adminystrator