10/21/2020 Agreement -aii,:s% Kevin Madok, CPA
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a; *..'. . ' Clerk of the Circuit Court&Comptroller—Monroe County, Florida
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DATE: October 26, 2020
TO: Jeff Manning, Sr. Planner
Emergency Management
FROM: Pamela G. HancC.
SUBJECT: October 21`BOCC Meeting
Attached is an electronic copy of the following item for your handling:
C7 Memorandum of Understanding between Monroe County and Star of die Sea
Foundation regarding response activities during times of emergency.
Should you have any questions please feel free to contact me at (305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
MEMORANDUM OF UNDERSTANDING
BETWEEN
MONROE COUNTY AND
STAR OF THE SEA FOUNDATION
I. PURPOSE
This Memorandum of Understanding (hereafter MOU) is made and entered into by
and between the Monroe County (hereafter County) and the Star of the Sea Foundation
(hereafter SOS).
II . AUTHORITY
County rmy, by agreement or operation of law, charge persons or groups with duties
incident to the protection of life and property within the County during an emergency.
This agreement will be governed by and construed in accordance with de laws of
Monroe County, Florida
III. RECITALS
WHEREAS, die Monroe County Board of County Commissioners is the
governing body of and for Monroe County; and
WHEREAS, armng its r nst vital dudes is de protection of de life, safety and
welfare of Monroe County citizens and visitors; and
WHEREAS, the Monroe County Emergency Management is the department
within Ile County with statutory responsibility to mitigate against, prepare for and
respond to man made or natural disasters; and
WHEREAS, the Star of the Sea Foundation is contracted to sub-distribute
USDA Commodities in Monroe County Florida.
WHEREAS, dr Monroe County Emergency Management hereby designates the
Star of the Sea Foundation to coordinate the receipt, storage, and distribution of
unsolicited donated food and grocery items as part of the Monroe County Emergency
Operations Center, Volunteers and Donations Unit; and
WHEREAS, the County firther recognizes that SOS is anon-profit organization
(with finite resources) aid it is in the best iraerest for all disaster response efforts to
maximize efficiencies; and
WHEREAS, normal distribution methods and daily "food banking"/hunger relief
practices reed to be reestablished by SOS as soon as possible after a disaster situation
is under control.
NOW, THEREFORE, the parties agree as follows:
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IV. DUTIES AND REPONSIBILITIES
A. Parties: The Parties to the MOU are:
1 Star of the Sea Foundation
2 Monroe County
B. Term: The agreement shall remain in effect until termination in writing. Any
party, in writing with or without cause, may make such termination at any
time. Any termination under this MOU shall be without prejudice or hardship
to any obligations and liabilities of any party already accrued prior to such
termination.
C. Activation: The agreement shall be activated by request of Monroe County
Emergency Management should resources becone overwhelmed in the even of
a disaster.
D. Terms and Conditions: The interchange provided by this agreement shall be
handled as follows:
I SOS will provide coordination and management of the receipt,
storage, and distribution of uaolicited donated food and grocery
items during a disaster or emergency. In order to accomplish this,
SOS will:
a. Operate in accordance with it day-to-day procedures for
receipt, storage, distribution and overall management of
donated food items. SOS shall function as a coordinating
partner agency in regards to unsolicited donated food and
grocery items dying tines of disaster response.
b. Increase distribution schedule in accordance with the
Incident Command System (ICS) and as directed by the
Enrrgency Operations Center to meet the demand for
food.
c. Utilize WebEOC when local resources are overwhelmed to
request materials support. Provide qualified operators, either
paid staff or volunteers, for the equipment.
d. Retain surplus ursolicited donated foul and grocery items
remaining when these food items are no longer needed in the
disaster area.
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2 County will:
a. Alert SOS Of possible activation of the Emergency
Operations Center Volunteers and Donations Unit.
b. Provide Emergency Worker Placards or other documentation if
required by Emergency Management, to ensure vehicles can
ear and exit declared disaster areas efficiently and safely.
c. Share information with SOS on potential solaces of
transportation (hick/ship/raiVair) services and labor, both
civilian and military.
V. INDEMNIFICATION AND LIABILITIES
A. SOS shall be solely responsible to patties with whom it shall deal with in
carrying as the terns of dis agreement and stall save the County
harmless against all claims of whatever mahtre by third parties arising out
of the performance of work under this agreement. For purposes of
this agreement, SOS and Canty agree that it is not an employee or agent of
the County, but is an independent 501 (c) (3) non-profit org nization and
as such mist abide by strict Federal regulations that giver the handling
and accountability for donated goods.
B. To the extent set forth in F.S. 768.28, the County agrees to be fully
responsible to the limits set forth in such statute for its own negligent acts
or omissions, or intentional tortuous acts,which result in claims or suits
arising out of tie performance of work alder this agreement.
C. The County recognizes that SOS, its staff and volunteers are rot employees
or agents of the County in any farm and dat they maintain their own
system of rnagement and personnel policies.
D. Nothing herein is iniended to serve as a waiver of sovereign immunity by
any party or recipient to whom sovereign immunity applies. Nothing
herein shall be construed as consent by Monroe County to be sued by third
parties in any nutter arising out of this or any other contract.
E. SOS agrees to indemnify, defend, and hold the County and the County's
elected and appointed officers and employees harmless from and against (i)
any claims, actions or causes of action, (ii)any litigation, administrative
proceedings, appellate proceedings, or other proceedings relating to any type
of injury(including death), loss,damage, fine, penalty or business
interruption, and (iii)any costs or expenses that may be asserted against,
initiated with respect to,or sustained by, any indemnified party by reason of,
or in connection with, (A) any activity of SOS or any of its employees,
agents, contractors or other invitees during the term of this Agreement, (B)
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the negligence or willful misconduct of SOS or any of its employees, agents,
sub-contractors or other invitees, or(C)SOS's default in respect of any of
the obligations that it undertakes under the terms of this Agreement, except
to the extent the claims, actions, causes of action, litigation, proceedings,
costs or expenses arise from the intentional or sole negligent acts or
omissions of the County or any of its employees, agents, contactors or
invitees(other than SOS). Insofar as the claims, actions, causes of action,
litigation, proceedings, costs or expenses relate to events or circumstances
that occur during the term of this Agreement, this section will survive the
expiration of the term of this Agreement or any earlier termination of this
Agreement.
VI. INTEGRATION
This agreement contains the entire umierstanding of the parties with respect to the
subject matter of the agreement, and it supersedes all prior understandings, and
agreements, whether written or oral, and all prior dealings of the parties with respect
to the subject matter herein.
VII. MODIFICATIONS
This MOU ray be modified or amended only by an instrument in writing signed by
the parties hereto.
IN WITNESS WHEREOF, the signing parties have cased this agreement to be
nT-'.' d by and between dem.
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V 1 1i BOARD OP CO TY COMMISSIONERS
T: KEVIN ADOK, CLERK OF MONROE C ORIDA
By:
As Deputy lerk May r/Ch
09/09/20
By:
TMmas Ni Callahan, Executive Director Date
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