2. 09/29/2011-09/30/2016 10/19/2011 DANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DATE: October 31, 2011
TO: Fire Chief James Callahan
Fire- Rescue Department
ATTN: Susan Hover
FROM: Pamela G. Hanc eacrtI.C.
At the October 19, 2011, Board of County Commissioner's meeting the Board granted
approval and authorized execution of Item C41 Memorandum of Agreement (MOA) between the
Florida Department of Corrections (DOC) and the Monroe County Board of County
Commissioners for Monroe County Fire Rescue for the purpose of providing emergency and
non - emergency services to the Big Pine Key Road Prison for the period September 29, 2011 to
September 30, 2016.
Enclosed is a duplicate original of the above - mentioned for your handling. Should you
have any questions, please do not hesitate to contact this office.
cc: County Attorney w/o document
Finance
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Agreement # A2593
MEMORANDUM OF AGREEMENT
BY AND BETWEEN
FLORIDA DEPARTMENT OF CORRECTIONS
AND
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
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 ( "Participating
Entity "), which are the parties hereto.
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 ( "Participating
Institution "). Should the Participating Institution have reason to believe that an emergency situation is imminent,
the Participating Entity agrees to respond, upon notification, twenty -four hours a day, seven days a week with the
following support:
1. Fire suppression and fire equipment;
2. Fire investigation;
3. Contact for ambulance and emergency medical services; and
4. Rescue of inmates /persons who may have become entrapped.
In addition, the Participating Entity agrees to provide the following non - emergency service:
1. Fire prevention and safety education.
OTHER 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 the Participating Entity 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.
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.
Emergency contacts for the Participating Entity including twenty -four (24) hour contacts and
pager numbers are as follows: James K. Callahan, Fire Chief, telephone (305) 289 -6088;
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Agreement # A2593
2. Emergency contacts of the Participating Institution, including twenty -four (24) hour contact
numbers, are as follows: Jerry Cummings, Warden, telephone (305) 242 -1710, cellular (786)
423 -2204 or switchboard (305) 242 -1900;
3. Restrictions on the provision of services or equipment during emergencies include: Participating
Institution and Participating Entity command staff will cooperatively manage an emergency on
Participating Institution property; Participating Institution and Participating Entity command staff
will directly supervise their own participating staff. Participating Institution will provide
sufficient number of correctional officers to provide protection for Participating Entity's
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 Participating Entity staff to tour the Participating Institution or otherwise
familiarize themselves with potential emergency scenarios at the Participating Institution will be
made upon prior notification to the warden. All staff responding will be appropriately trained;
and
7. The Participating Entity staff will be invited to participate in applicable simulations, exercises or
other emergency training at the Participating Institution. Participating Entity staff will be
supervised by Participating Entity staff in command at all times. At no time material to this
MOA shall Participating Entity staff be considered to be operating under the supervision,
direction or control of Participating Institution.
TERM
This Agreement shall begin on September 29, 2011, or the date on which it is signed by both parties, and shall end at
midnight September 30, 2016. 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).
In addition, this Agreement may be terminated with 24 hours notice by the Department for any failure of the
Participating Entity to comply with the terms of this Agreement or any applicable Florida law.
FINANCIAL OBLIGATIONS OF THE PARTIES
The Department and the Participating Entity 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 the Participating Entity 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
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MOA Emergency Support Fire Department_(Revised_02.07.11)
Agreement # A2593
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 PARTICIPATING ENTITY
Neither the Department nor Participating Entity 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.
AUTHORIZATION FOR SIGNATURE
TheRarties hereto cause this MOA to be executed by their undersigned officials as duly authorized.
L. Kolhage
Clerk
BY: Pamela G. Hancock, Deputy County
Clerk
DEPARTMENT OF CORRECTIONS
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
SIG
BY:
Approved as to form and legality,
subject to execution.
SIGNED SIGNED
BY: BY: hS!
NAME:
TITLE:
PA TEM
C�
O
LL �
C C-3
LU o
c
Keon.p- h 1 Uc k es- NAME: Jennifer A. Parker
Secretary TITLE:
Department of Corrections
DATE:
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MOA_Emergency Support Local Fire Department_(Revised_02.07.11)
General Counsel
Department of Corrections
S/ '� a
MO ROE COUNTY ATTORNEY
ROV D.AS T F 2M:
N HIA L. HA
ASSIS ANT COUNTY ATTORNEY
Date