10/21/2020 Agreement ii1;;."'INI Kevin Madok, CPA
Clerk of the Circuit Court&Comptroller—Monroe County, Florida
DATE: October 26, 2020
TO: Jeff Manning, Sr. Planner
Emergency Management
FROM: Pamela G. HanccACK1.A).C.
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 the 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 nmde and entered into by
and between the Morroe County (hereafter County) and the Star of the Sea Foundation
(lereafter SOS).
II . AUTHORITY
County rimy, 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.
Tlris agreement will be governed by and construed in accordance with the laws of
Monroe County, Florida
III. RECITALS
WHEREAS, fir Monroe County Board of County Commissioners is the
gweming body of and for Monroe County; and
WHEREAS, armng its most vital duties is the protection of the life, safety and
welfare of Monroe County citizens and visitors; and
WHEREAS, fire Monroe County Emergency Management is the department
within fire 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 sib-distribute
USDA Commodities in Monroe County Florida.
WHEREAS, the Monroe County Emergency Management lereby 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 a non-profit organization
(with finite resources) and it is in the best interest 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 poxsible alter a disaster situation
is mder control.
NOW, THEREFORE, the parties agree as follows:
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IV. DUTIES AND REPONSIBILITIES
A. Parties: The Parties to Ire 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 tat 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 guild resources become overwhelmed in the evert of
a disaster.
D. Terms and Conditions: The irterchange provided by this agreement shall be
handled as follows:
I SOS will provide coordination and management of the receipt,
storage, and distribution of wsolicited donated food and grocery
iems during a disaster or emergency. In order to accomplish this,
SOS will:
a. Operate in accordance with its 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 during lines of disaster response.
b. Increase distribution schedule in accordance with the
Incident Command System (ICS) and as directed by the
Emergency Operations Center to =et the demand for
food.
c. Utilize WebEOC when local resources am overwhelmed to
request materials support. Provide qualified operators, either
paid staff or volunteers, for the equipment.
d. Retain surplus wsolicited donated food and grocery items
renaming when these food iens are m 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 enure vehicles can
enter and exit declared disaster areas effrciendy and safely.
c. Share information with SOS on potential solaces of
transportation (trck/ship/rai]Jair) services and labor, both
civilian and nilitary.
V. INDEMNIFICATION AND LIABILITIES
A. SOS shall be solely responsible to patties with whom it shall deal with in
canying out dr ternnns of this agreement and shall save the County
harmless against all claims of whatever nature 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) ronn-profit organization and
as such mist abide by strict Federal regulations that govern dr handling
and accountability for donated gods.
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 the performance of work under this agreement.
C. The County recognizes that SOS, its staff and volunteers are rot employees
or agents of dr County in any form and that dry maintain their own
system of management and personnel policies.
D. Nothing herein is intended 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 matter 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, contractors 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 understanding of dr parties with respect to the
stbj ect natter 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 rrny be modified or amended only by an instrument in writing signed by
dr parties hereto.
IN WITNESS WHEREOF, de signing parries have caused this agreement to be
T-'^; d by and between dem.
RRR �. 7111 BOARD OF CO Y COMMISSIONERS
T. KEVIN ADOK, CLERK OF MONROE C ORIDA
is
By:
As Deputy lark May r/Ch
09/09/20
By:
Mamas Ft Callahan, Executive Director Date
Star of de Sea Foundation as IDFBU
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Date 9/11/20
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