MEMORANDUM OF UNDERSTANDING (2)MEMORANDUM OF UNDERSTANDING
BETWEEN THE
CITY OF CLEARWATER
AND
ST PETERSBURG COLLEGE - CLEARWATER EAST COMMUNITY LIBRARY
WHEREAS, The City of Clearwater, hereafter referred to as CITY, and the St. Petersburg
College - Clearwater East Community Library, hereafter referred to as Contract Agency
(CA), and the Clearwater East Community Library is located in the St. Petersburg College
Campus at 2465 Drew Street, Clearwater, FL, and the library located on the college property
is recognized as a St. Petersburg College Library, and; the City and the CA are within the
boundaries of the City of Clearwater, and;
WHEREAS, CITY wishes to utilize CA's parking lot for the purpose of a Point of
Distribution for water supplies/food dispensing to the community and utilize CA's first
floor as a staging point(s) for volunteers to sign up, get their background checks, and be
assigned to various functions throughout the City, and: non-essential city staff will man
this staging point(s) as well as provide material and resources to the community for
emergencies during hurricane season (June 1 — November 30), and for extreme
emergencies/events occurring during non -hurricane season within the boundaries of the
City of Clearwater and;
THIS MEMORANDUM OF UNDERSTANDING, is entered into as of the k» day
of�e ct r►,+y,. , 20 6, between the CA, whose mailing address is PO Box 13489, St. Petersburg,
Florida 33733, and the City of Clearwater Emergency Management Office, whose mailing
address is 1140 Court Street, Clearwater, Florida 33756.
WHEREAS, Clearwater Emergency Manager intends to request usage of the parking lot and its
routing system as well as the first -floor library for the purposes of providing organized
distribution of necessities to the community within the boundaries of the City of Clearwater.
NOW THEREFORE, the parties hereto agree as follows:
1.. Point of Contacts. The parties agree that the CITY designated Fire Division Chief and
Emergency Manager Jevon Graham or his designee as point of contact so the City of Clearwater
and the Clearwater Fire & Rescue Department can allocate its resources at 2465 Drew Street to
meet the needs of emergency events within the boundaries of the City of Clearwater,
communicate general operations, notice of cancellation, notice of termination, and collaborator
of damages, accidents, and losses, and; the CA designated Dr. Stan Vittetoe, Provost, as point of
contact so the St. Petersburg College can communicate general operations, notice of cancellation,
notice of termination, and collaborator of damages, accidents, and losses for CA.
2. Term. The parties agree that the services will be effective from January 1, 2020 to December
31, 2020.
3. Fees and Expenses: The parties agree that there are no charges to the CITY for the usage of
the parking lot and the 1St floor of the Clearwater East Library, and; any labor provided by the
CITY will be paid by the CITY during the course of the emergency event's setup, manning,
and breakdown at this same location.
MOU 20I9
City of Clearwater and St. Petersburg College — Clearwater East Community Library
The parties agree that at the end of the emergency event, the CA will meet with the CITY's
Emergency Manager to review any damages, accidents, or losses to the CA and restitution will
be coordinated through the City of Clearwater or the State of Florida, Division of Emergency
Management by the CITY' s Emergency Manager.
4. Cancellation: In the event CA is unable to provide a safe and operational parking lot and/or
first floor of the library, the CA shall contact the CITY's Emergency Manager a month prior to
the site not being accessible or as soon as possible so that an alternate site can be prepared. The
CITY's Emergency Manager can be reached at 727-562-4334 ext. 3205 or 727-385-5510. If
outside of normal business hours, the CA shall contact cell phone number 727-385-5510.
5. Termination: The parties agree that this MOU will end at midnight on December 31, 2020.
This agreement wilI be made available to CA to renew the agreement with terms and conditions
updated as both parties see fit.
6. Indemnification Clause: The CA will hold harmless and indemnify the City of Clearwater,
including all of its officers and employees, from any claim, loss, damage, cost, or expense,
including attorney's fees and any costs incurred in enforcing this indemnity agreement, arising
out of any act, error, omission, or negligent act by officers and employees of the CA, during the
emergency event(s) covered by the terms of this Memorandum of Understanding. However,
neither the CA nor its officers or employees shall be liable for any claim, loss, damage, cost,
expense, or attorney's fees attributable to any error, omission, or negligent act by the City of
Clearwater, including its officers and employees. Nothing herein shall be construed to waive or
modify the provisions of Section 768.28, Florida Statutes or the doctrine of sovereign immunity.
7. Insurance: The City of Clearwater shall maintain at its sole cost and expense at lease the
following insurance covering its obligations under this Agreement:
a. Commercial General Liability Insurance coverage, including but not limited to,
premises operations, products/completed operations, products liability, contractual
liability, advertising injury, personal injury, death, and property damage in the
minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000
(two million dollars) general aggregate.
b. Commercial Automobile Liability Insurance coverage for any owned, non -owned,
hired or borrowed automobile is required in the minimum amount of $1,000,000(one
million dollars) combined single limit.
c. Unless waived by the State of Florida, statutory Workers' Compensation Insurance
coverage in accordance with the laws of the State of Florida, and Employer's
Liability Insurance in the minimum amount of $100,000 (one hundred thousand
dollars) each employee each accident, $100,000 (one hundred thousand dollars) each
employee by disease and $500,000 (five hundred thousand dollars) aggregate by
disease with benefits afforded under the laws of the State of Florida. Coverage
should include Voluntary Compensation, Jones Act, and U.S. Longshorernen's and
Harbor Worker's Act coverage where applicable. Coverage must be applicable to
employees, contractors, subcontractors, and volunteers, if any.
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MOU 2019
City of Clearwater and St. Petersburg College — Clearwater East Community Library
d. The CA should also shall maintain at its sole cost and expense the same insurance
coverages as the CITY and provide proof of sante to be effective during the term of
this Agreement.
CITY OF CLEARWATER, FLORIDA
By:
WL1?L.4,i. Y ate: /2—i'3— 11
William B. Horne fl
City Manager
Approved as Jo form:
MatChew M. Smit
Assistant City Attorney
Attest:
- ' tLtiti.
Rosemarie Cali
City Clerk
ST PETERSBURG COLLEGE -- CLEARWATER CAMPUS
By
-4-774"—Date:
Stan Vittetoe, Ph.D.
Provost
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