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C-15-25-001-X-00 MEMORANDUM OF UNDERSTANDING BETWEEN THE MARICOPA COUNTY DEPARTMENT OF EMERGENCY MANAGEMENT AND SALVATION ARMY This Memorandum of Understanding (MOU) is entered into between Maricopa County by and through its Department of Emergency Management (MCDEM), and the Salvation Army (Southwest Division), a California non- profit corporation authorized to do business in Arizona. MCDEM and the Salvation Army are referred to herein individually as a “Party” and collectively as the “Parties”. 1. PURPOSE. The purpose of this MOU is to outline responsibilities and major actions to support the Maricopa County Emergency Operations Center (MCEOC) response and recovery operation, specifically as it relates to coordinating efforts to manage donations of goods during the aftermath of a disaster or emergency. 2. SCOPE. This MOU provides guidance and documents the agreement for donations management operations for Maricopa County at the local level and the coordination with the Salvation Army in case of a major or catastrophic disaster or emergency. Actions and agreements herein apply only to the participating parties and are not intended to supersede existing regulations or agreements or to commit the participating parties to any action relative to a third party. 3. ASSUMPTIONS. Upon a declared local disaster or emergency, MCDEM will coordinate with Salvation Army to manage donated goods. 4, RESPONSIBILITIES: a. Salvation Army will, to the extent feasible and within its discretion, support or carry out local donations management operations in the following areas: i. Act as the lead agency regarding donations management services for Maricopa County in a declared local disaster or emergency. ii, Manage the receipt, sorting, transportation, storage and distribution of all donated goods. iii. Coordinate establishment of donation reception centers, warehouse and distribution centers. iv. Manage phone bank to coordinate an Information Hotline in order to answer, log, and direct alll in-kind donation inquiries, v. Manage support volunteers for all field operations. vi. Utilize a donations management web-based system to manage donation offers and requests for unmet needs. vii. Work with ESF 15 External Affairs to assist in public messaging needs. vii. Designate a Donations Management Coordinator and provide a liaison to the MCEOC during emergency activation as needed for coordination. b. MCDEM will, to the extent feasible and within its discretion, support donations management operations in the following areas: i. Provide Salvation Army with facilities to be used as donations reception centers and warehouse space. ii, Support logistical needs, including but not limited to associated utilities, equipment, and supplies for warehouse operations. iii. Support staffing assistance through the use of local volunteers when available. iv. Solicit donations and provide public information to address specific unmet needs in coordination with the MCDEM Public Information Officer. 5. FINANCIAL MANAGEMENT. There will be no transfer of funds between Maricopa County and the Salvation Army. 6. NO PARTNERSHIP, NO EMPLOYMENT. Each Party represents that does not intend to create a partnership and the Parties agree that nothing in this MOU shall be construed to create a partnership between the Parties. Each Party is providing services separately for the community, as more particularly described herein, and not as 39691347 C-15-25-001-X-00 an employee or agent of another Party, and each Party shall be wholly responsible for its own work, which work is not directed by nor under the contro! of any other Party. 7. INDEMNIFICATION. Each Party (the “Indemnifying Party”) shall indemnify, defend and hold harmless the other Party, its respective subsidiaries, directors, officers, employees, successors, and agents (collectively the “Indemnified Party”) from and against ail actions, causes of action, liabilities, claims, demands, suits, judgments, liens, awards, damages, expenses, and losses of any kind and nature whatsoever, including reasonable and necessary attorneys’ fees and expert's fees, arising out of or proximately caused by breach of this MOU or by the negligence or fault of the Indemnifying Party, its employees or agents, for property damage, personal injury, or death, provided however, that the Indemnifying Party shall not be liable for or be required to indemnify the other party with respect to any injuries and/or damages to any person or property to the extent resulting from the negligent or wrongful acts or omissions of such other party, their respective subsidiaries, directors, officers, employees, successors, and agents. 8. DURATION AND TERMINATION. The effective date of this MOU will be an auto renewal from the date the last Party has signed. The MOU may be terminated by either Party upon a thirty (30) days advance written notice of termination. 9. GOVERNING LAWS. This MOU shall be governed by and construed in accordance with the laws of the State of Arizona. 10. CANCELLATION. This MOU is subject to cancellation for conflict of interest pursuant to A.R.S. § 38-511. 11. FOREIGN PROHIBITIONS. Contractor certifies under A.R.S. §§ 35-391 et seq., and 35-393 ef seq., that it does not have, and during the term of this MOU will not have, “scrutinized” business operations, as defined in the preceding statutory sections, in the countries of Sudan or Iran. 12. PLANNING AND IMPLEMENTATION. Cooperative arrangements for planning, exchange of information and continuing liaison will be developed and maintained. This statement of understanding will be shared at all appropriate levels of The Salvation Army and Maricopa County and will be in effect when signed by both parties and shall remain in effect until termination by written Notification by either party. 13, APPROVED: For the Chairman, Board of Supervisor: For The Salvation Army, Southwest Divisional Headquarters: CE COLONEL IVAN WILD (Date) (Date) 7/27/22 DIVISIONAL COMMANDER Clerk of the Board, Fran McCarroll (Date) Maricopa County Attorney: Approved as to Form: (Date)