HomeMy Public PortalAbout2019 Memorandum of Agreement with FL Division of Emergency Management.pdfMEMORANDUM OF AGREEMENT
BETWEEN THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT AND
THE Village of Key Biscayne
This Memorandum of Agreement (the Agreement) is made and entered into by
the Florida Division of Emergency Management (hereinafter referred to as the Division )
and the Village of Key Biscayne (hereinafter referred to as the Subdivision ) (hereinafter
collectively referred to as the Parties )
WHEREAS Section 252 35(2)(a)6 of the Florida Statutes requires the Division
to establish a system of communications and warning to ensure that the state s
population and emergency management agencies are warned of developing emergency
situations and can communicate emergency response decisions and
WHEREAS the Division has executed contract DEM-D0003/RFQ-DEM-18 19-
021 ( Contract') with Everbndge Inc (hereinafter referred to as the Contractor') for
the provision of Statewide alert and mass notification services in support of its
AlertFlonda Initiative (hereinafter referred to as the notification system ) and
WHEREAS the Division is funding and providing the notification system at no local
cost to eligible subdivisions for the term of July 1 2019 through June 30 2024 and
subsequent Contract renewals Of any) contingent upon an annual appropriation by
the Florida Legislature and
WHEREAS Section 252 38 of the Florida Statutes establishes Emergency
Management powers of political subdivisions and constructs safeguarding the life and
property of its citizens as an innate responsibility of the governing political body of
each political subdivision of the State and
WHEREAS the Subdivision desires to utilize the notification system provided
by the Division to transmit alerts notifications and other authorized public safety
messaging to residents businesses and visitors located in or transiting through their
political subdivision while performing its powers under Section 252 38 F S
NOW THEREFORE in consideration of the cooperative effort between the Parties
contained herein the Parties agree as follows
1 TERM OF AGREEMENT
This Agreement is effective on the date of execution by the last signing party and
shall remain in effect for the duration of services provided under contract DEM-
00003 and shall automatically renew as long as the Division continues to provide
this contractual service to eligible entities defined in this and subsequent contracts
2 DUTIES AND RESPONSIBILITIES
A Division of Emergency Management
The Division
I. Has assigned a contract manager for the notification system pursuant
to Section 287.057(14), F.S. who will enforce the performance of the
contract terms and conditions and serve as a liaison with the
Contractor.
I I . Reserves the right to access any political subdivision's account or
organization in the system for purposes of contract management, and
to monitor system activity and usage.
I I I . Will limit the number of personnel with high-level administrative
access credentials to the system, and will take reasonable efforts to
prevent the unauthorized disclosure of contact information protected
under Section 119.071(5)(j), F.S.
IV. Reserves the right to launch a statewide notification to all available
"opt -in" contact data in the system resulting from a catastrophic natural
or technological disaster, a widespread public health emergency, an
imminent or actual attack of a foreign military power, or a similar
emergency where a delay to coordinate locally -initiated notifications
would endanger the health and safety of the State's population.
V. Reserves the right to require certain notification subscription options
be set to "mandatory" in a subdivision's public -facing opt -in portal,
including:
a. Tornado Warnings
b. Flash Flood Warnings
c. Hurricane Warnings
d. Statewide Notifications
e. Countywide Notifications
VI. Will, upon termination of the Contract, distribute the system's recipient
contact data to the Subdivision as specified in Minimum Support
Requirement number eight of the Contract's Scope of Work.
The Village of Key Biscayne The Subdivision:
I. Acknowledges the terms and conditions of the Division's Contract,
which is attached hereunto, and agrees to abide by the applicable
terms thereof, specifically, the Contractor's End User License
Agreement, incorporated in the Contract as Exhibit "C" and the
Contractor's Acceptable Use Policy, available via
https://www.everbridge.com/about/legal/acceptable-use-policy/
II. Agrees to place a "powered by AlertFlorida" icon that shall encompass
no greater or less than 10% of the banner image of the Subdivision's
public -facing opt -in portal(s) for continuity with statewide branding.
III. Acknowledges the following authorized uses of the system and agrees
to limit use of the system to those uses, defined by the Division as the
following categories of notifications:
a. Population protective actions, such as evacuation orders,
shelter -in -place warnings, boil water notices, and similar
actions;
b. Emergency preparedness and response information, such as
the availability of sand bag stations for flood -fighting efforts,
notification of planned or anticipated disruption of municipal
services & municipal or commercial utilities, the establishment
of emergency shelters, implementation of curfews and other
law enforcement security measures, the designation of security
zones around specific planned events, the establishment of
keywords for event -specific messaging, and other similar
messaging that conveys a change in the Subdivision's steady-
state operational posture;
c. uisaster recovery information, such as the location of disaster
recovery centers, availability of voluntary agency or
governmental disaster recovery assistance, and updates on
debris clearance and the allowance of re-entry into a portion of
the Subdivision impacted by a disaster.
d. Emergency preparedness exercises, including operational
tests of notification capability and public notification of
functional or full-scale public safety and emergency
management exercises occurring within the jurisdiction.
e. Law enforcement searches, for a missing person or a manhunt
for escaped convicts or suspects evading arrest.
f. Automated weather warnings, provided by the National
Weather Service.
g. Notification and recall of Subdivision employees, contractors,
and other response partners, that support the activation of the
Subdivision's Emergency Operations Center or supplement the
staffing of existing public safety response and recovery
functions, including the staffing of specialty response teams.
IV. Acknowledges that while the Contract provides access to Integrated
Public Alert and Warning System (IPAWS) and Emergency Alert
System (EAS) initiation features, the Division will NOT approve
requests for Collaborative Operating Group (COG) licenses that
originate from political subdivisions below the COUNTY level, as the
alerting systems accessible through IPAWS are capable of
transmitting alerts across jurisdictional boundaries.
V. Agrees to make a reasonable effort to supply the Division with
requested information about any existing or recent local contracts for
mass notification services, for the purpose of developing quantitative
cost impact and qualitative notification capability measures in support
of legislative budget requests for continued funding of the initiative.
VI. Agrees to develop a written Standard Operating Procedure (SOP) that
governs access to and use of the notification system within the
Subdivision, to include, at minimum, the following topics:
a. Defining the local organization administrator(s);
b. Defining procedures for requesting administrative access
within the jurisdiction and the training requirements for granting
such access;
c. Establishing a message drafting and approval process;
d. Discussing the difference between "opt -in" and "opt -out"
contact data, limiting the use of "opt -out" data to imminent or
actual life threatening emergencies, and considering the time
of day when initiating notifications that use "opt -out" data; and,
e. Specifying the responsibility and frequency of periodically
reviewing all administrative user accounts within the County's
organization(s) to validate the continued relationship and need
for access of each current user.
The SOP must be developed within sixty (60) days of the effective
date of this Agreement and is subject to review by the Division at any
time during the Agreement.
VII. Acknowledges that the Contractor provides additional notification
system capabilities and services which are not covered under the
Division's Contract for the notification system (hereinafter referred to
as "non -covered services"). If the Subdivision desires to enhance their
notification capabilities by adding non -covered services to their
organization(s), then the Subdivision will be responsible for any
additional costs incurred as a result of adding those services, plus any
costs arising from technical support of the non -covered services,
payable directly to the Contractor. The Subdivision will notify the
Division of its intent to add non -covered services prior to deployment,
and will provide an additional notification after deployment, with the
intent of maintaining visibility on the Contractor's provision of support
and maintenance on covered features.
3. POINTS OF CONTACT
The Parties shall direct all matters arising in connection with the performance of this
Agreement to the attention of the respective contact person(s) named below for
resolution or action:
For the Division:
Andrew Sussman, Hurricane Program
Manager/AlertFlorida Contract Manager
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
Telephone: 850-815-4110
Email: Andrew.Sussman(a�em.myflorida.com
4. TERMINATION OF AGREEMENT
For the Subdivision:
Andrea Agha
Village Manager
88 W. McIntyre Drive
Key Biscayne, FL 33149
Telephone: 305-365-5511
Email: AAghaCa�KeyBiscayne.fl.gov
The Parties may terminate this Agreement at any time upon thirty (30) days' written
notice to the contact person(s) specified herein.
5. 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, F.S. Nothing herein shall be construed as consent by either Party to be sued
by third parties.
6. ATTACHMENTS
The following attachments are incorporated hereunto by reference:
A. Attachment 1 — Definitions
B. Attachment 2 — Contract DEM-D0003 between the Division and the
Contractor.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed by their duly authorized representatives on the dates appearing beneath their
respective signatures.
FLORIDA DIVISION OF Village of Key Biscayne
EMERGENCY MANAGEMENT
By: By:
Andrea Agha, Manager
Date Date
Attachment 1 — Definitions
Account — An account is the access point to the web -based Everbridge Mass
Notification Solution which is an integrated component of Everbridge's Unified Critical
Communication Suite ("Everbridge Platform"). Accounts are segmented into
Organizations and are typically segmented further into numerous groups.
Contact — Individuals who may receive notifications from or through the notification
system, including any individual person who provides their personal contact
information through an opt -in portal.
Opt -In — The process whereby a contact subscribes to receive notifications through an
organization -specific web portal, or by sending the Subdivision's keywords) or zip
code(s) to an established SMS short code.
Opt -Out — Contact and address point data loaded into the Everbridge Platform by a
political subdivision without the intervention of the contact.
Organization — In the Everbridge Platform, an organization ("Org") contains a contact
database and the capability to send notifications. Each Org has a mapping feature that
allows users to send notifications based on registered locations of contacts. Orgs can
be configured with a variety of settings and users can view and create numerous
reports.
User — Individuals assigned roles and granted permission to manage users, manage
contacts and groups, edit settings, and/or send notifications within the Everbridge
Platform.