Item C07 C.7
BOARD OF COUNTY COMMSSIONERS
County of Monroe f
Mayor Heather Carruthers,District 3
h} ] Mayor Pro Tem Michelle Coldiron,District 2
The Florida Keys Craig Cates,District 1
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
October 213, 2020
Agenda Item Number: C.7
Agenda Item Summary #7363
BULK ITEM: Yes DEPARTMENT: Emergency Management
TIME APPROXIMATE: STAFF CONTACT: Jeff Manning (305) 289-6325
N/A
AGENDA ITEM WORDING: Memorandum of Understanding between Monroe County and Star
of the Sea Foundation regarding response activities during times of emergency.
ITEM BACKGROUND: This MOU delineates roles and responsibilities of each party during a
disaster or emergency event. Within the Incident Command System, Star of the Sea Foundation will
fill a role coordinating the receipt and management of unsolicited food and grocery items during a
disaster.
PREVIOUS RELEVANT BOCC ACTION: This is a new agreement
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approve
DOCUMENTATION:
MOU Monroe BOCC legal responsibility SOS executed
FINANCIAL IMPACT:
Effective Date: Upon Execution
Expiration Date: In effect until terminated in writing by either party
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
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C.7
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: No
Additional Details:
N/A
REVIEWED BY:
Shannon Weiner Completed 09/17/2020 11:34 AM
Pedro Mercado Completed 10/06/2020 4:47 PM
Purchasing Completed 10/06/2020 5:41 PM
Budget and Finance Completed 10/06/2020 5:43 PM
Maria Slavik Completed 10/06/2020 5:45 PM
Liz Yongue Completed 10/06/2020 5:50 PM
Board of County Commissioners Pending 10/21/2020 9:00 AM
Packet Pg. 195
C.7.a
MEMORANDUM OF UNDERSTANDING
BETWEEN
MONROE COUNTY AND
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STAR OF THE SEA FOUNDATION
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I. PURPOSE
This Memorandum of Understanding (hereafter MOU) is made and entered into by 0
and between the Monroe County (hereafter County) and the Star of the Sea Foundation a)
(hereafter SOS).
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II . AUTHORITY
County may, 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 the laws of
Monroe County, Florida
III. RECITALS
WHEREAS, the Monroe County Board of County Commissioners is the 4-
governing body of and for Monroe County; and 0
WHEREAS, among its most vital duties is the protection of the life, safety and
welfare of Monroe County citizens and visitors; and 0
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WHEREAS, the Monroe County Emergency Management is the department
within the County with statutory responsibility to mitigate against, prepare for and 2
respond to man made or natural disasters; and a
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WHEREAS, the Star of the Sea Foundation is contracted to sub-distribute Cn
USDA Commodities in Monroe County Florida. Cn
WHEREAS, the 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 C
Operations Center, Volunteers and Donations Unit; and
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WHEREA S, the County further recognizes that SOS is a non-profit organizati on
(with finite resources) and it is in the best interest for all disaster response efforts to
maximize efficiencies; and
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WHEREAS, normal distribution methods and daily "food banking"/hunger relief
practices need to be reestablished by SOS as soon as possible after a disaster situation 2
is under control.
NOW, THEREFORE, the parties agree as follows:
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C.7.a
IV. DUTIES AND REPONS113 LITIES
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A. Parties: The Parties to the MOU are:
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1 Star of the Sea Foundation
2 Monroe County 0
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B. Term: The agreement shall remain in effect until termination in writing. Any 0
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 parry already accrued prior to such
termination. a,
C. Activation: The agreement shall be activated by request of Monroe County .g
Emergency Management should resources become overwhelmed in the event of
a disaster.
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D. Terms and Conditions: The interchange provided by this agreement shall be 0
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handled as follows:
I SOS will provide coordination and management of the receipt, 0
storage, and distribution of unsolicited donated food and grocery
items during a disaster or emergency. In order to accomplish this,
SOS will:
a. Operate in accordance with its day-to-day procedures for a
receipt, storage, distribution and overall management of x
donated food items. SOS shall function as a coordinating Cn
partner agency in regards to unsolicited donated food and Cn
grocery items during times of disaster response. '
b. Increase distribution schedule in accordance with the
Incident Command System (ICS) and as directed by the C
Emergency Operations Center to meet the demand for 2
food. C
C. Utilize WebEOC when local resources are overwhelmed to
request materials support. Provide qualified operators, either m
paid staff or volunteers, for the equipment.
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d. Retain surplus unsolicited donated food and grocery items
remaining when these food items are no longer needed in the 0
disaster area.
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C.7.a
2 County will:
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a. Alert SOS Of possible activation of the Emergency 2
Operations Center Volunteers and Donations Unit.
b. Provide Emergency Worker Placards or other documentation if
required by Emergency Management, to ensure vehicles can 0
enter and exit declared disaster areas efficiently and safely. as
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C. Share information with SOS on potential sources of 0
transportation (truck/ship/rail/air) services and labor, both
civilian and military.
V. INDEMNIFICATION AND LIABILITIES
A. SOS shall be solely responsible to parries with whom it shall deal with in
carrying out the terms of this agreement and shall save the County i2
harmless against all claims of whatever nature by third parties arising out
of the performance of work under this agreement. For purposes of D
this agreement; SOS and County agree that it is not an employee or agent of 0
the County, but is an independent 501 (c) (3) non-profit organization and
as such must abide by strict Federal regulations that govern the handling
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and accountability for donated goods. 0
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. a)
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C. The County recognizes that SOS, its staff and volunteers are not employees 0
or agents of the County in any form and that they maintain their own
system of management and personnel policies.
D. Nothing herein is intended to serve as a waiver of sovereign immunity by C
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any party or recipient to whom sovereign immunity applies. Nothing
herein shall be construed as consent by Monroe County to be sued by third C
parties in any matter arising out of this or any other contract.
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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)
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any claims, actions or causes of action, (ii)any litigation, administrative 2
proceedings, appellate proceedings, or other proceedings relating to any type 0
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,
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agents, contractors or other invitees during the term of this Agreement, (B)
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C.7.a
the negligence or willful misconduct of SOS or any of its employees, agents, 4-
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, 0
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 0
Agreement.
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VI. INTEGRATION
This agreement contains the entire understanding of the parties with respect to the a,
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. a
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VII. MODIFICATIONS
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This MOU may be modified or amended only by an instrument in writing signed by
the parties hereto.
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IN WITNESS WHEREOF, the signing parties have caused this agreement to be a)
executed by and between them.
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(SEAL) BOARD OF COUNTY COMMISSIONERS a)
ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA p
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=_By: By: _
Deputy Clerk Mayor/Chainnan
09/09/20 °
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By.----- --------------—------------------
Thomas M. Callahan, Executive Director Date L
Star of the Sea Foundation as LDFBU a,
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LINTY AT CRNEY
Date 9/11/20 °
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