05/22/1996 Agreement
.ann!' I. J1o!bagt
BRANCH OPFlCE
3111 OVERSEAS HIGHWAY
MARAnlON, FLORIDA 33050
TEL. (305) 2BU021
FAX (305) 289-1145
CLElU< OF lHE CIRCUIT COURT
MONROE COUNlY
SOO WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
MEMORANDUM
BRANCH OPPlCE
: 88820 OVERSEAs HIGHWAY
~AnON KEY, FLORIDA 33070
I TEL. (305) 852-11015
. FAX (305) 852-1146
TO:
Mike Puto,
Emergency Management Coordinator
Isabel C. DeSantis, Deputy Clerk ~.c. .D.
August 28, 1996
FROM:
DATE:
As you know, the Board authorized execution of a Memorandum of
Understanding between FREC Members Charitable Trust~ Inc., and.
Monroe County.
Enclosed please find a duplicate original of the subject MOU for
return to the Trust.
Thanks!
cc: County Attorney
Finance Director
~ File
FKEC MEMBERS CHARITABLE TRUST
MEMORANDUM OF UNDERSTANDING WITH
THE MONROE COUNTY BOARD OF COUNTY COMMISSIONE~, ,~O~'()E :::
COUNTY, FLORIDA, FOR THE BENEFIT OF ~ L: ~
MONROE COUNTY EMERGENCY MANAGEMEN-f~~- 7' ;:::.. d
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This is a Memorandum of Understanding between FKEC Members Charitable Trtist,
Inc., a ~Io.rida not-for-p~ofit corporation ("Trust") and the Monroe COUI1~ Board ~ co~ty
Commissioners (hereinafter referred to as "Monroe"), dated this ~ day':;of
,A1 Q.V , 1996.
I
WHEREAS the Trust is a non-profit charitable corporation dedicated to providing
financial assistance for charitable, educational, religious and scientific purposes in
accordance with Section 501c(3) of the Internal Revenue Code, and
WHEREAS Monroe conducts its emergency managementfunctions through Monroe
County Emergency Management (hereinafter referred to as "MCEM") as a department of
the County of Monroe, State of Florida, whose mission is to provide emergency assistance
to the citizens of Monroe County in the event of declared disasters, subject to the
availability of funds for such purposes, and
WHEREAS the process and procedures for the procurement of disaster relief funds
from MCEM for emergencies area constrained by time, paperwork and decisions by
governmental authorities who have jurisdiction, and
WHEREAS the Trust desires to assist the citizens of Monroe County in the event
of emergencies by providing a source of funds available on an immediate basis in advance
of the availability of emergency relief from MCEM, and
WHEREAS the parties intend that funds advanced by the Trust to MCEM will be
repaid to the Trust upon certification of an emergency and appropriate funding by state
and/or federal agencies,
NOW THEREFORE, for and in consideration of the mutual benefits accruing to the
parties, the citizens of Monroe County, recognition of the mission of both parties to assist
the citizens of Monroe County, the charitable purposes of the Trust, and the following terms
and conditions, the parties agree as follows:
1. The Trust shall, as funds are available, set aside fifty thousand dollars
($50,000) of its funds raised from Operation Round-Up for the use of MCEM in the event
of a disaster emergency, occasioned by hurricane, flood, fire, storm or such other disaster
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recognized by state and/or federal agencies as disasters for state and/or federal
emergency management purposes,
2. The Trust shall allocate a portion of the charitable funds it receives on a
monthly basis to create an emergency management fund account, and shall continue such
allocation until the fund reaches a total of fifty thousand dollars ($50,000).
3. In the event of a disaster effecting the service area of Florida Keys Electric
Cooperative Association, Inc, (UFKEC") in Monroe County, MCEM may request the Trust
to transfer all or a portion of the fund to MCEM for purposes of providing immediate
response to such emergencies. Monroe agrees that such funds shall be separately
accounted for as a restricted fund maintained by Monroe for the use of MCEM as stated
herein.
4. Upon receipt of a request for funding by MCEM, the Trust agrees to promptly
transfer the funds requested, up to fifty thousand dollars ($50,000) for MCEM's immediate
use within the boundaries of the FKEC service area.
5. A request by MCEM for use of all or a portion of the fund shall be a
certification to the Trust that an emergency or disaster, eligible for state or federal disaster
relief, exists, and the Trust shall have no obligation or responsibility for making such a
determination, and shall be entitled to rely on MCEM's representations in that regard,
6, Upon receipt of funds from the Trust, MCEM shall use the funds for
immediate disaster relief as MCEM, in its judgement, deems appropriate.
7. As soon as reasonably practicable following the occurrence of the events
causing the need for disaster relief, MCEM shall make application to the State of Florida,
Department of Community Affairs, and to the Federal Emergency Management
Administration for disaster relief funds, and the Trust shall, to the extent allowed by law be
reimbursed for the funds it advanced to MCEM.
8. The Trust's existing responsibilities and sources of funding do not permit it
to fully fund the disaster fund account as of the date hereof; however, the Trust shall
continue to allocate a portion of the funds it receives on a monthly basis until it has
achieved the fifty thousand dollar ($50,000) goal.
9. This Agreement shall be in effect for a period of one (1) year following the
date of full execution hereof and shall be renewed automatically for successive one (1)
year periods; provided, however, that either party may terminate this Agreement on thirty
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MEMO OF UNDERSTANDING-FKEC Members Charitable Trust and MCEM
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(30) days prior written notice to the other, in which event any funds allocated by the Trust
for the Emergency Management Fund Account shall be transferred to the Fund's
unrestricted fund account for its general charitable purposes. Notwithstanding any such
termination, the Fund shall continue to be entitled to reimbursement as provided in
Paragraph 7.
10. For purposes of this Agreement, the effective date shall be the date on which
the last of the parties sign this Agreement.
11. This Agreement is not intended to create rights available to third parties, or
anyone who is not a party to this Agreement and neither does the execution of this
Agreement by the parties create any obligations of the parties to persons who have not
executed this Agreement.
12. This Agreement may be terminated immediately by the Trust if it is
determined at any time that compliance with the terms and conditions of this Agreement
would adversely affect its tax exempt status as a non-profit charitable organization,
13, Although MCEM is a department of Monroe, the parties agree that the control
and use of the funds transferred by the Trust to Monroe shall be determined by MCEM for
the uses and purposes stated herein,
IN WITNESS WHEREOF the parties have hereunto set their hands and seals:
Witnesses
FKEC Members Charitable Trust, Inc.
~~~
Witness
By: J~~~A.~~
~~~~
Name: Katharine S. Gradick
Title: Chairman
Date: AUgust 26" 1996
Corporate Seal:
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MEMO OF UNDERSTANDING-FKEC Members Charitable Trust and MCEM
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Attest: DANNY L. KOLHAGE, Cletk
Monroe County Board of County
Commissioners
~c. 4) JC1~
Commission Clerk or ~
Secretary
-...,
By~~-F~~
Authorized Offic'
Name: S ~ .~rl"l rft-emo..n
Title: Chairman
Date: S"'~l-tf~
Corporate Seal:
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