MEMORANDUM OF AGREEMENT
(Insert Name of Texas State Agency)
and
Insert Name of Host Agency
The following Memorandum of Agreement (MOA) sets forth the terms between the State of Texas (Insert Name of State Agency) and the (Insert Name of Host Agency) sites, with regard to implementation of the Continuity of Operations (COOP) Plan for both agencies.
I. Purpose of MOA
The purpose of this MOA is to establish responsibilities of the Parties as they relate to a COOP situation that would require (Insert Name of State Agency) and/or (Insert Name of Host Agency) personnel to operate in an alternate facility.
II. Duration of MOA
This MOA is effective upon signature of the Director, (Insert Name of State Agency) and the Director, (Insert Name of Host Agency), and shall remain in full force and effect unless cancelled by either party pursuant to the provisions set forth herein.
III. Program Description
Under Continuity of Operations directives, Texas State agency personnel must be capable of performing its essential functions with minimal disruption of its operations under all threat conditions for a period of up to 30 days or until normal operations resume. They will continue to operate on a continual basis, even if the facility currently being occupied by an agency is uninhabitable. In this instance, (Insert Name of State Agency) and (Insert Name of Host Agency) personnel must be available to provide direction and guidance to their respective agencies, clients, or regional and local government entities during emergency conditions, and/or declarations, or any conditions or situations that would render the primary facility unusable. To perform these duties, an off-site facility needs to be available to house emergency personnel, as prescribed in National Security Presidential Directive (NSPD) 51/Homeland Security Presidential Directive (HSPD) 20, National Continuity Policy, and Federal Continuity Directive (FCD) 1, Federal Executive Branch National Continuity Program and Requirements.
IV. General Provisions
It is understood by both the Director, (Insert Name of Host Agency) and the Director, (Insert Name of State Agency) that each office should be capable of fulfilling its responsibilities under this MOA. If at any time either party is unable to perform its functions under this MOA, the affected party shall immediately provide notice to the other.
V. Responsibilities of the Parties Under MOA
In consideration of the mutual benefit to be derived by both parties to this MOA, (Insert Name of Host Agency) and (Insert Name of State Agency) agree that their responsibilities are as follows:
A. (Insert Name of Host Agency) agrees to:
(1) Provide adequate office space (# square feet) for (Insert Name of State Agency) at the insert name of facility located at insert address of alternate facility, to house approximately insert number (#)(Insert Name of State Agency) staff during COOP situations, which may involve after-duty hours and weekend hours of operations. (Insert Name of State Agency) will be provided sole use of this allocated space throughout the period of occupancy.
(2) Provide (# estimated personnel) from (Insert Name of State Agency) with access to the (Insert Name of Host Agency)’s facility within ten (10) hours of notification from ((Insert Name of State Agency) staff that (Insert Name of State Agency) activating its COOP Plan.
(3) Provide (Insert Name of State Agency) personnel reliable logistical support, services, and infrastructure systems, to include access to parking, restrooms, and canteen facilities.
(4) Provide (Insert Name of State Agency) with:
§ (#) telephones;
§ (#) computers with internet connections
§ access to (#) electrical outlets.
§ access to video-conferencing capabilities, if available.
§ access to photocopy equipment and approved destruction device for classified materials, if available.
If there are costs associated with use of this equipment beyond that of normal usage the parties will enter into an Inter-Agency Agreement to provide for payment as set forth in Paragraph VI below.
(5) Provide keys and access badges, as appropriate, to the areas occupied by (Insert Name of State Agency) personnel.
(6) Cease activities that would preclude (Insert Name of State Agency) personnel from gaining access to the room or rooms being occupied.
(7) Participate and support the conduct of an exercise(s) of Continuity of Operations plans and procedures, at a time and date agreed upon by representatives of the (Insert Name of State Agency) and (Insert Name of Host Agency).
(8) Participate in an annual joint assessment with the (Insert Name of Host Agency) of the host facility in accordance with FEMA 452 Risk Assessment methodology.
B. (Insert Name of State Agency) agrees to:
(1) When a COOP situation occurs, notify (Insert Name of Host Agency) Facility Manager or designee immediately of (Insert Name of State Agency)’s need to occupy the (Insert Name of Host Agency) facility.
(2) Provide (Insert Name of Host Agency) with a list of personnel who will occupy (Insert Name of Host Agency)’s facility during a COOP situation. In addition, this listing should include the names of person authorized to verify COOP activation. Update this information (insert frequency).
(3) Provide (Insert Name of Host Agency) with a defined transportation support plan that details Emergency Relocation Group transportation to, from, and on the site;
(4) Provide a listing of key customers and vendors requiring access to the host facility. Listing should include: Name(s) of personnel, name and address of firm or agency; contact information for firm or agency’s security officer for identify verification questions/issues; and (other as requested by host agency).
(5) (Insert Name of State Agency) agrees to limit visits of vendors and agencies to the hours of insert time to insert time on weekdays only. Customers and vendors will be required to follow the security procedures established by the (Insert Name of Host Agency). (Insert Name of State Agency) will provide an escort to coordinate and assist the (Insert Name of Host Agency) in providing secure access to these customers and vendors, as required.
(6) Plan, participate, and support the conduct of an exercise(s) of Continuity of Operations plans and procedures, at a time and date agreed upon by representatives of the (Insert Name of State Agency) and (Insert Name of Host Agency).
(4) Participate in an annual joint assessment with the (Insert Name of State Agency) of the host facility in accordance with the FEMA 452 checklist.
VI. Allocation of Costs
There are no anticipated costs associated with this MOA. Should any costs be incurred, however, such costs will be the full responsibility of the participants who incur them and (Insert Name of State Agency) and the (Insert Name of Host Agency) will enter into an Inter-Agency Agreement to provide for payment.
VII. Amendment or Cancellation of MOA
This MOA may be amended or cancelled (#) calendar days after written notice by either (Insert Name of Host Agency) or (Insert Name of State Agency). This MOA will be reviewed annually and updated as required.
VIII. Points of Contact (POC)
For (Insert Name of State Agency): For (Insert Name of Host Agency):
Insert POC’s name (primary) Insert POC’s name (primary)
Insert office address Insert office address
Insert city, state and zip Insert city, state, and zip
Insert office telephone number Insert office telephone number
Insert mobile telephone number Insert mobile telephone number
Insert email address Insert email address
Alternates: Alternate:
Insert POC’s name (ERG Team Ldr) Insert POC’s name (Facility Mgr)
Insert office address Insert office address
Insert city, state and zip Insert city, state, and zip
Insert office telephone number Insert office telephone number
Insert mobile telephone number Insert mobile telephone number
Insert email address Insert email address
Insert POC’s name (Facility Manager) Insert POC’s name (ERG Team Ldr)
Insert office address Insert office address
Insert city, state and zip Insert city, state, and zip
Insert office telephone number Insert office telephone number
Insert mobile telephone number Insert mobile telephone number
Insert email address Insert email address
APPROVED:
The undersigned parties bind themselves to the faithful performance of this MOA. It is mutually understood that this MOA shall not become effective until approved by all parties involved.
(Insert Name of Host Agency) (Insert Name of State Agency)
By: ______By: ______
Insert Name of Host Agency Representative Insert Name of State Agency Representative
Insert Position/Title of Host Agency Representative Insert Position/Title of Agency Representative
Date: ______Date: ______
Copies of this signed MOA will be sent to the Texas Facilities Commission and the State Office of Risk Management.
NOTES:
(Not included as part of the MOA)
If the MOA is to be a reciprocal agreement, insert the following after paragraph V.A.
(7) When a COOP situation occurs, notify the (Insert Name of State Agency) Continuity Manager or designee immediately of (Insert Name of Host Agency)’s need to occupy the (Insert Name of State Agency) facility.
(8) Provide (Insert Name of State Agency) with a list of personnel who will occupy (Insert Name of State Agency)’s facility during a COOP situation. In addition, this listing should include the names of person authorized to verify COOP activation.
If the MOA is to be a reciprocal agreement, insert the following after paragraph V.B.
(1) Provide office space to (Insert Name of Host Agency) in (Insert Name of State Agency)’s facility located at insert address of State Agency, to house approximately insert number (#) (Insert Name of Host Agency) staff during
COOP situations, which may involve after-duty hours and weekend hours of
operations.
(2) Provide (Insert Name of Host Agency) with access to the (Insert Name of State Agency) facility within ten (10) hours notification from approved (Insert Name of Host Agency) staff that (Insert Name of Host Agency) is activating its COOP Plan.
(3) Provide (Insert Name of Host Agency) with access to parking, restrooms, and appropriate facilities.
(4) Provide (Insert Name of Host Agency) with
§ (#) telephones;
§ (#) computers with internet connections
§ access to (#) electrical outlets.
§ access to video-conferencing capabilities, if available.
§ access to photocopy equipment and approved destruction device for classified materials, if available.
If there are costs associated with use of this equipment beyond that of normal usage the parties will enter into an Inter-Agency Agreement to provide for payment as set forth in Paragraph VI below.
(5) Provide security for the areas occupied by (Insert Name of Host Agency) personnel.
(6) Cease activities that would preclude (Insert Name of Host Agency) from gaining access to the room or rooms being occupied, except during contingency operations. In extreme emergency conditions, (Insert Name of State Agency) may not be able to support relocation and another facility would have to be considered.
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