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HomeMy Public PortalAboutMOA Facility StockpileMEMORANDUM OF AGREEMENT FOR FACILITY USE FOR STRATEGIC NATIONAL STOCKPILE POINT OF DISPENSING 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 Crestview Community Center as a Strategic National Stockpile Point of Dispensing to the Okaloosa County community. The parties agree as follows: 1. PREMISES: Lessor donates to Lessee the temporary use of the following described property: Crestview Community Center, located at 1446 Commerce Drive, Crestview, Florida ("property"). Lessee shall have the use of the property and adjacent areas, representing approximately 8,726 square feet. 2. PURPOSE: The property shall be used during the term of the Agreement by the Lessee, its staff and registered volunteers, as a Point of Dispensing ("POD") for dispensing materials from the Strategic National Stockpile as a measure to protect the public health. For purposes of this Agreement, "dispensing" means the provision of vaccinations or oral medications to a segment of the population for purposes of prophylaxis in a public health threat event. It specifically does not mean Section 465.003(6), Florida Statutes, dispensing. 3. TERM: This Memorandum of Agreement will begin effective when signed by all parties and will expire five years from the last signature date, unless amended or canceled in writing. See paragraph 9. 4. CONDITIONS: The Lessor will: (1.) Upon declaration of a Public Health emergency and request by the County Strategic National Stockpile (SNS) Coordinator provide, at no cost to the Lessee, complete and sole use of the property for POD operations. (2.) Conduct a brief walk-through to establish the condition of the property prior to occupation by Lessee personnel. (3.) Provide for use as required any materials and equipment assigned to the property. The property representative will brief the POD set-up team leader of the location and capabilities of all telecommunications equipment, furniture, audio-visual equipment and other materials available for use. (4.) Provide keys and any other devices needed to secure entrances/exits to the property. (5.) Provide a 24-hour point of contact to help resolve any property issues that may occur during POD operations. 2 The Lessee will: (1.) Dependent upon time and/or manpower, either participate jointly in the property inspection with the Lessor or accept their report as the actual condition of the property prior to POD operations. The Lessee POD Manager will decide which method will be utilized. (2.) Provide all manpower and equipment, not already available at the property, required to set-up, secure, and conduct POD operations at the property. (3.) Occupy the property for the minimum time possible to conduct effective POD operations as determined by the SNS Incident Commander. (4.) Upon termination of POD operations, restore the property to the same condition as it was prior to POD operations being conducted. 5. RENT: No rent or any additional consideration is due to or from either party. 6. 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. 7. DONATION NATURE OF AGREEMENT: Lessor is donating the temporary use of 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. 8. MAINTENANCE AND REPAIRS: N/A. 9. TAXES: N/A. 10. 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. 11. LESSOR'S ACCESS TO PROPERTY: Lessor reserves the right to remain on the property at all times during this Agreement. 12. SCOPE OF USE: Lessee is entitled to quiet enjoyment of the property and shall not be evicted or disturbed 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. 13. UTILITIES: Lessor shall be responsible for all utilities and related property charges, including charges for water, sewage, and trash pick-up during the term of this Agreement. 14. 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 3 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 of this Agreement, general and professional 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. 15. 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. 16. 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. 17. 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 9 above. 18. 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. City of Crestview State of Florida Department of Health lizabeth Roy Crestview City Clerk 474- 11, ZC) I + Date Karen A. Chapman, M.D., M.P.H• Director Date \-1.-c-LlL-k 4 MEMORANDUM OF AGREEMENT FOR FACILITY USE FOR STRATEGIC NATIONAL STOCKPILE POINT OF DISPENSING IN OKALOOSA COUNTY, FLORIDA City of Crestview zUnq ci/L4ksv David Cadle Crestview Mayor Date 5