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Home My WebLink AboutItem C41BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 19, 2011 Division: Emergency Services Bulk Item: Yes X No _ Department: Fire Rescue Staff Contact Person/Phone # Susan Hover/x6088 AGENDA ITEM WORDING: Approval of a 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. ITEM BACKGROUND: The Florida DOC saw the need to enter into an agreement with Monroe County Fire Rescue 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 with support in fire suppression and fire equipment, fire investigation, contact for ambulance and emergency medical services, rescue of inmates/persons who may have become entrapped, and fire prevention and safety education. PREVIOUS RELEVANT BOARD ACTION: On December 20, 2006 the Board approved a 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 December 20, 2006 to September 28, 2011. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval. TOTAL COST: None INDIRECT COST: N/A BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: None SOURCE OF FUNDS: REVENUE PRODUCING: APPROVED BY: County DOCUMENTATION: DISPOSITION: Revised 7/09 Yes _ No X (A70UNT PER MONTH Year Atty OMB/Purc-hasing Risk Management Included X Not Required, AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: FL Department of Contract # Corrections Effective Date: 09/29/2011 Expiration Date: 09/30/2016 Contract Purpose/Description: Memorandum of Aareement (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 Contract Manager: Susan Hover 6088 Emergency Services / Sto (Name) (Ext.) (Department/Stop #) for BOCC meeting on 10/19/11 Agenda Deadline: 10/04/11 CONTRACT COSTS Total Dollar Value of Contract: $ .00 Current Year Portion: $ Budgeted? Yes❑ No ❑ Account Codes: - - -® Grant: $ - - - County Match: $ - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitoria CONTRACT REVIEW etc. 14 Changes Date Out Date In Needed evq i weDivision Director - Yes❑ No- " w a Risk Manag em nt❑ ° f Yes No"/ n. O.M.B./Purc° asing Yes❑ NoDK County Attorney f Yes❑ No /® Comments: OMB Form Revised 2/27/01 MCP #2 Agreement # A2593 1 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. 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; 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. 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. 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. 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 Page 2 of 3 MOA—Emergency Support_,Local 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. 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. The parties hereto cause this MOA to be executed by their undersigned officials as duly authorized. (SEAL) Attest: Danny L. Kolhage County Clerk SIGNED BY: Pamela S. Hancock, Deputy County Clerk IT04 6T.1 t,4 901 OWN FLIP11LI1"" # I 1 1 lei 1 ' 1 1 1 1 SIGNED SIGNED BY: BY: NAME: t °` `.Y �i £.._. NAME: TITLE: Secretary TITLE: Department of Corrections DATE: —I IDATE: Approved as to form and legality, subject to execution. � Fr Jennifer A. Parker General Counsel Department of Corrections 0 R // A a - 11 +�� R-I. September 12, 2011 James K. Callahan, Fire Chief Monroe County Fire Rescue Department 490 63`d Street Ocean Marathon, Florida 33050 (305) 289-6336 Dear Chief: Enclosed for signature are two (2) originals of Agreement #A2593 between the Florida Department of Corrections and the Monroe County Fire Rescue Department. This Agreement will allow us to seek assistance at the Department's Dade Correctional Institution (19000 SW 3771h Street, Florida City). The Agreement is for five (5) years, and will begin on September 29, 2011, or the date signed by both parties. In the event the Agreements are signed by parties on different dates, the latter date shall control. Please provide your signature on both originals of the enclosed Agreement. Please keep one (1) ori_ainal for your records and return one (1) ori_ainal to this office at the address provided below. Sharon L. Witherspoon Florida Department of Corrections Bureau of Procurement and Supply 501 South Calhoun Street Tallahassee, Florida 32399 If there are any questions, please call me at (850) 717-3674. Since el ° , S aro L. Wi erspoon, CPPB Government Operations Consultant II Bureau of Procurement and Supply