1. 12/20/2006-09/28/2011 12/20/2006
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
January 19, 2007
TO:
Acting Fire Chief James Callahan
Fire-Rescue Department
FROM:
Darice Hayes
Fire-Rescue
Pamela G. Hanc~
Deputy Clerk 0
ATTN:
At the December 20,2006, Board of County Commissioner's meeting the Board granted
approval and authorized execution of Memorandum of Agreement (MOA) No. A973 between the
Florida Department of Corrections (DOC) and the Monroe County Board of County
Commissioners (MCBOCC) for Monroe County Fire Rescue (MCFR) for the purpose of
providing emergency and non-emergency services to the Big Pine Key Road Prison (BPKRP) for
the period December 20, 2006 to September 28, 2011.
Enclosed are three duplicate originals, executed on behalf of Monroe County, for your
handling. Please be sure to return the fully executed ''Monroe County Clerk's Office Original"
and the ''Monroe County Finance Department's Original" as soon as possible. Should you have
any questions please do not hesitate to contact this office.
cc: County Attorney
Finan<;e wlo document
File/
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Memorandum of Agreement # A973
MEMORANDUM OF AGREEMENT
BY AND BETWEEN
FLORIDA DEPARTMENT OF CORRECTIONS
AND
MONROE COUNTY FIRE RESCUE
This Memorandum of Agreement ("MOA") is between the Florida Department of Corrections,
("DEPARTMENT") and the Monroe County Board of County Commissioners for Monroe County Fire Rescue
("MCFR"), which are the parties hereto.
The parties are authorized to enter into this MOA pursuant to Section 163.01 (Florida Interlocal Cooperation Act
of 1969) Florida Statutes (2005).
This MOA is entered for the purpose of establishing and maintaining support during an actual or anticipated
emergency at the DEPARTMENT'S Dade Correctional Institution / Big Pine Key Road Prison ("BPKRP").
Should the BPKRP have reason to believe that an emergency situation is imminent, the MCFR agrees to respond,
upon notification, twenty-four hours a day, seven days a week with the following support:
I. Fire suppression and fire equipment;
2. Fire investigation;
3. Emergency medical services; and
4. Rescue of inmates/persons who may have become entrapped.
In addition, the MCFR agrees to provide the following non-emergency service:
I. Fire prevention and safety education.
GENERAL CONDITIONS
This MOA does not create an employee/employer relationship between the parties. It is the intent of the
parties that the DEPARTMENT and MCFR are independent contractors under this MOA and neither is the
employee of the other for all purposes, including, but not limited to, the application of the Fair Labor
Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social
Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State
Workers Compensation Act, and the State unemployment insurance law. The parties shall each retain sole
and absolute discretion in the judgment of the manner and means of carrying out their activities and
responsibilities hereunder provided, further that administrative procedures applicable to services rendered
under this MOA shall be those of each individual party. Services provided by each party pursuant to this
MOA shall be subject to the supervision of such party. In providing such services, neither party nor its
agents shall act as officers, employees, or agents of the other party. The parties agree that they are separate
and independent enterprises, and that each has the ability to pursue other opportunities.
MOA_Emergency Support_Local Fire Department_(Rev. 08_29_06)
Memorandum of Agreement # A973
This MOA shall not be construed as creating any joint employment relationship between the Parties and
neither party will be liable for any obligation incurred by the other party, including, but not limited to,
unpaid minimum wages and/or overtime premiums.
1. Emergency contacts for the MCFR including twenty-four (24) hour contacts and pager numbers
are as follows: Monroe County Dispatch, Emergency: 911, Non-Emergency: (305) 289-2371,
or On-Duty Battalion Chief Cell: (305) 797-1136;
2. Emergency contacts of the BPKRP, including twenty-four (24) hour contact numbers, are as
follows: Warden David Harris, Telephone: (386) 496-6000;
3. Restrictions on the provision of services or equipment during emergencies include: BPKRP and
MCFR command staff will cooperatively manage an emergency on BPKRP property; BPKRP
and MCFR command staff will directly supervise their own participating staff; BPKRP will
provide sufficient numbers of correctional officers to provide protection for MCFR personnel and
apparatus at all times when the emergency involves a prisoner disturbance;
4. Reporting locations for the external staging area are: Administration Building;
5. Each agency shall be responsible for verifying identification of its own staff;
6. Arrangements for key MCFR staff to tour the BPKRP or otherwise familiarize themselves with
potential emergency scenarios at the BPKRP will be made upon prior notification to the warden.
All staff responding will be appropriately trained; and
7. The MCFR staff will be invited to participate in applicable simulations, exercises or other
emergency training at the BPKRP. MCFR staff will be supervised by MCFR staff in command at
all times. At no time material to this MOA shall MCFR staff be considered to be operating under
the supervision, direction or control of BPKRP.
TERM
'2c)('Y7
This MOA shall begin on /"1 day of /77 nrcj~ ,2006 or the date on which it is
signed by both parties, whichever is later, and shall end at midnight on September 28, 20 II. In the event this
Agreement is signed by the parties on different dates, the latter date shall control.
TERMINATION
This MOA may be terminated at any time upon the mutual consent of both parties or unilaterally by either party
upon no less than thirty (30) calendar days' notice. Notice shall be delivered by certified mail, (return receipt
requested).
NOTICE: Where notice is required under this MOA to be given to either party, the notice shall be mailed to:
FOR THE DEPARTMENT
David Harris
Warden, Dade Correctional Institution
19000 S.W. 377lh St.
Florida City, Florida 33034
Telephone:
Fax:
Email: harris.david@mail.dc.state.fl.us
FOR THE MCFR
James K. Callahan
Acting Fire ChieflDivision Director
490 63,d St., Suite 140
Marathon, Florida 33050
Telephone: 305-289-6088
Fax: 305-289-6007
Email: callahan-james@monroecounty-fl.gov
Page 2 of 4
MOA~Emergency Support~Local Fire Department_(Rev. 08~29~06)
Memorandum of Agreement # A973
FINANCIAL OBLIGATIONS OF THE PARTIES
The DEPARTMENT and the MCFR acknowledge that this MOA is not intended to create financial obligations as
between the parties. However, in the event that costs are incurred as a result of either or both of the parties
performing their duties or responsibilities under this MOA, each party agrees to be responsible for their own
costs.
WAIVER and ASSUMPTION of RISK
The DEPARTMENT and MCFR are state agencies or political subdivisions as defined in Section 768.28, Florida
Statutes, and agree to be fully responsible for acts and omissions of their own agents or employees to the extent
permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by either party to which
sovereign immunity may be applicable. Further, nothing herein shall be construed as consent by a state agency or
political subdivision of the State of Florida to be sued by third parties in any matter arising out of this MOA or
any other contract.
MATTERS BEYOND THE CONTROL OF THE DEPARTMENT AND MCFR
Neither the DEPARTMENT nor MCFR shall be responsible for any failure or delay in performance hereunder
due to circumstances beyond their reasonable control including, without limitation, Acts of God, accidents,
mechanical, power failures, unavailability of funds or resources, acts, omissions and defaults of third parties and
official, governmental and judicial action beyond their control. In the event of occurrences, which require the
implementation of a Disaster Recovery Plan or similar emergency management plan, the parties shall use their
best efforts to provide a level of service consistent with this MOA.
THIS SPACE INTENTIONALLY LEFT BLANK
Page 3 of 4
MOA_Emergency Support_Local Fire Department_(Rev. 08_29_06)
Memorandum of Agreement # A973
AUTHORIZATION FOR SIGNATURE
The parties hereto cause this MOA to be executed by their undersigned officials as duly auth3tize:; g .."
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BOARD OF COUNTY COMMfssIONE~ OF
MONROE COUNTY, FLORIDA
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SIGNED
BY.
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Mayor / Chairman
oEC 2 0 2006
DEPARTMENT OF CO
SIGNED
BY:
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SIGNED
BY:
NAME:
David Harris
NAME:
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~neral Connsel
Department of Corrections
TITLE:
Warden
Dade Correctional Institution
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TITLE:
DATE:
DATE:
]dr- 07
MONROE COUNTY ATTORNEY
APPROV AS TO FORM:
,
M. GRIMSLEY
Ii COUNTY ATTORNEY
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Page 4 of 4
MOA _ Emergency Support_Local Fire Department_(Rev. 08_29_06)