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Item C44 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 19. 2001 Division: Public Safety Bulk Item: Yes X No Department: Public Safety AGENDA ITEM WORDING: Approval of Memorandum of Understanding between Monroe County Board of County Commissioners and the Monroe County Sheriff's Department concerning operation of the Sheriff's Bell UH-l helicopter for public safety IlliSSIOns ITEM BACKGROUND: At their meeting on November 20,2001, the Board tabled the Memorandum of Understanding concerning the operation of the Sheriff's helicopter for public safety missions, and directed that the items pertaining to pilot training, fuel and maintenance of the helicopter be funded solely out of the Sheriff's Department budget, instead of sharing the cost with the Department of Public Safety. The attached Memorandum of Understanding reflects the requested changes. PREVIOUS RELEVANT BOCC ACTION: 1) On April 19, 2000: Board granted approval to submit a grant application to fund an air ambulance project; that application was not funded. 2) On July 26, 2000: Board approved to resubmit grant application to fund an air ambulance project. 3) On December 13,2000: Board was informed that County has been awarded a grant to equip the Sheriff's helicopter for emergency medi-vacs. 4) On June 20, 2001: Board granted approval to issue a purchase order to Welch Allyn, as a sole-source vendor, for the purchase of (2) Propaq Encore Vital Signs through EMS Rural Matching Grant, in the total amount of $26,694. 75 5) On November 20, 2001: Board requested changes and tabled the MOU to the December meeting in Marathon. CONTRACT/AGREEMENT CHANGES: Changes were made in Section 9: Responsibility for Helicopter Operations Expenses to reflect the following: (d) Pilot Training; (g) Helicopter Maintenance and Repairs; and (h) Fuel expenses will be funded solely out of the Sheriff's Department budget. STAFF RECOMMENDATIONS: Approval TOTAL COST: N/ A COST TO COUNTY: BUDGETED: Yes No REVENUE PRODUCING: Yes No AMOUNTPERMONTH_ Year APPROVED BY: County Atty YES Risk Management N/ A / 2/ ./~:J\) I DIVISION DIRECTOR APPROVAL: DOCUMENTA TION: Included X To Follow Not Required_ DISPOSITION: AGENDAITEM# /-L-f/Y AGREEMENT FOR JOINT OWNERSHIP AND OPERATION OF A HELICOPTER UTILIZED FOR PUBLIC SAFETY MISSIONS THIS AGREEMENT is made and entered into on the day of , 2001, by and between MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040, hereinafter referred to as "COUNTY', and Richard D. Roth, in his official capacity as Sheriff of Monroe County Florida, a constitutional officer of a political subdivision of the State of Florida, whose address is 5525 College Road, Key West, FL 33040, hereinafter referred to as "SHERIFF". WITNESSETH: WHEREAS, the COUNTY, through its Department of Public Safety, provides emergency medical services ("EMS"), fire fighting and rescue services to the citizens of Monroe County and desires to enhance the quality of its delivery of these public safety services by sharing in the ownership and operation of an acquired helicopter which currently provides for the delivery of these enhanced services; and WHEREAS, the SHERIFF currently operates helicopters in performance of its mission of providing law enforcement services to the citizens of Monroe County; and WHEREAS, in 2000 the SHERIFF and the COUNTY acquired a Bell UH-1 helicopter, bearing tail numbers N911 FK, refurbished and equipped said helicopter, commonly referred to as TraumaStar and utilize said helicopter in the mutual performance of their respective missions in providing services to the citizens of Monroe County; and WHEREAS, the benefits of the mutual ownership and operation of the helicopter has resulted in an exceptional benefit to the residents of Monroe County and such service is anticipated to continue for the foreseeable future; and WHEREAS, the COUNTY and the SHERIFF share a common treasury as delineated in the Federal Aviation Authority opinion, and are thus permitted under law to share the costs for the operation of specified aircraft used for public safety missions, NOW, THEREFORE, in consideration of the mutual considerations, understandings, and covenants set forth herein, the parties agree as follows: SECTION 1. PURPOSE. The purpose of this Agreement is to set forth the respective and mutual obligations and responsibilities of the COUNTY and SHERIFF pertaining to the operation and maintenance of the helicopter designated as TraumaStar which serves in the capacity of a "public aircraft" for public safety and governmental purposes as defined by Federal law for which benefits the citizens of Monroe County. Page 1 of 7 SECTION 2. TERM. The term of this Agreement shall be from , the dates of the parties signatures notwithstanding, until September 30, 2003. Thereafter this Agreement shall automatically renew for additional two (2) year terms until such time as one of the parties issues written notice of not less than sixty (60) days to the other party of its intent to terminate this Agreement. SECTION 3. COMPLIANCE WITH REGULATIONS. The SHERIFF shall be responsible for ensuring that the aircraft remains in operational compliance with all Federal laws and Federal Aviation Administration regulations, rules and procedures. The SHERIFF shall advise the COUNTY promptly in the event that the aircraft fails to meet the requirements of any laws, regulations, rules or procedures which govern its operation. SECTION 4. AUTHORIZED HELICOPTER OPERATIONS. In order to maintain the helicopter's public aircraft operational status as defined by Federal law, helicopter operations shall be limited to performing governmental functions consistent with the mission of the SHERIFF and the Department of Public Safety. SECTION 5. AUTHORIZED OCCUPANTS OF HELICOPTER (a) In order to maintain its public aircraft operational status as defined under law, only rescue victims, designated crew members or other persons whose presence are necessary for the performance of a governmental function, including any licensed medical professional providing care to a rescue victim, are authorized to occupy the helicopter during flight. Examples of authorized governmental functions include, but are not limited to, fire fighting, search and rescue operations, law enforcement operations, aeronautical research, and biological or geographical graphical resource management. The transportation of COUNTY or SHERIFF'S officials or personnel or other persons who are not crew numbers or are not associated with the performance of a governmental function such as set forth within this Section is strictly prohibited. (b) For purposes of this Agreement, "crew member" is defined as a pilot, flight officer, paramediclEMT, firefighter, or similar flight/public personnel employed by the COUNTY or SHERIFF, who is assigned to occupy and/or who regularly occupies the helicopter during flight for the purpose of performing a duty essential to the operation of the helicopter or the accomplishment of a public safety the operation of the helicopter is intended to perform. (c) The COUNTY and SHERIFF shall develop and implement policies and procedures prohibiting unauthorized personnel from occupying the helicopter during flight and setting forth flight crew qualifications and crew configurations for the type of missions set forth within this Agreement that the helicopter flies. SECTION 6. STORAGE AND SECURITY. (a) The SHERIFF shall bear all costs and responsibility for the storage of the helicopter at a location which complies with all Federal laws and F.A.A. requirements applicable to the aircraft. Page 2 of 7 (b) The SHERIFF is responsible for the security of the helicopter at the hanger and all associated parts and equipment stored at the hanger location to ensure that the safety and efficient operation of the helicopter is not compromised by unauthorized persons. SECTION 7. TRAINING AND CERTIFICATION OF PILOT AND OTHER CREW MEMBERS (a) Pilots. The SHERIFF shall bear the responsibility for ensuring that pilots flying the helicopter are fully trained and certified in compliance to the aircraft. The SHERIFF shall maintain training records on file for all pilots. (b) Other Crew Members. The COUNTY and SHERIFF shall both bear the responsibility of insuring that employees under their respective control that serve as crew members aboard the helicopter are fully trained both in the operational aspects of the helicopter and in their functional public safety or law enforcement assignment to the helicopter. The COUNTY and the SHERIFF shall develop and implement policies and procedures for the training and proficiency of crew members. SECTION 8. COMMAND ISSUES AND SEPARATION OF DUTIES. (a) Response to Calls for Service. The helicopter pilot in command shall have the ultimate authority to determine the prioritization of helicopter responses to calls for service. Life/Safety missions shall receive mission priority and shall be set forth in operation protocols established by the COUNTY and the SHERIFF. The helicopter pilot in command shall also have the ultimate authority as to whether the helicopter flies in inclement weather conditions. (b) In Flight Command of Helicopter. The helicopter pilot in command shall be in exclusive and sole command of all decisions concerning the helicopter operations during flight. (c) Command of Public Safety Personnel and Duties. The Fire Chief or his designee shall exercise exclusive and sole command over all EMS/Fire/Rescue employees and all EMS/Fire/Rescue decisions and services during operational missions, subject to the helicopter pilot in command's superior authority with respect to helicopter operations during flight. (d) Command of Law Enforcement Personnel and Duties. The Special Operations Division Commander, or his designed, shall exercise exclusive and sole command over all law enforcement employees and law enforcement decisions and services during operational missions, subject to the helicopter pilot in command's superior authority with respect to helicopter operations during flight. (e) The decision of the Sheriff shall be final and conclusive as to the level of services, or standard of performance by the Sheriff's Office. The decision of the Director of Public Safety shall be final and conclusive as to the level of services, or standards of performance by the Monroe County Department of Public Safety. Page 3 of? SECTION 9. RESPONSIBILITY FOR HELICOPTER OPERATIONS EXPENSES. (a) Property Insurance. The County shall acquire and pay for such insurance coverage for damage or loss of equipment and components installed in the helicopter in accordance with a price listing of such equipment to be compiled by the SHERIFF and the Department of Public Safety. The COUNTY shall insure property insurance coverage necessary to replace and install the identified equipment and components. (b) Hull Insurance. The SHERIFF shall acquire and pay for such insurance necessary to replace or restore the aircraft hull and major airframe components, including the motor, rotor blade, and transmission. (c) Liability Insurance. The SHERIFF shall acquire and pay for Liability Insurance covering property or personal injury or death losses caused by the operation of the helicopter in the amount of ONE MILLION AND NO/100 DOLLARS ($1,000,000.00) combined single limit. The insurance coverage acquired by the SHERIFF shall name the COUNTY as an additional insured. The COUNTY may provide additional liability insurance, at its sole cost, if such additional coverage is deemed necessary or desired by the COUNTY. (d) Pilot Training. The cost of pilot training as set forth in Section 7 (a) of this Agreement shall be the sole responsibility of the SHERIFF. (e) Crew Member Training. The SHERIFF shall bear the cost of crew member training for applicable employees of the Sheriffs Office and the COUNTY shall bear the cost of crew member training for applicable members of the Department of Public Safety. (f) Salaries, Benefits and Other Compensation. The COUNTY and the SHERIFF shall be individually responsible for the payment of all salaries, benefits, and other compensation due to and owing to their respective employees who perform duties and tasks pertaining to the operation of the helicopter. (g) Helicopter Maintenance and Repairs. The operational responsibility for insuring routine maintenance and repairs to the helicopter that are accomplished shall be the sole responsibility of the SHERIFF. All expenses pertaining to the maintenance of the helicopter shall be the sole responsibility of the SHERIFF. (h) Fuel. The fuel expenses pertaining to use of the helicopter shall be the sole responsibility of the SHERIFF. (i) Equipment. The SHERIFF and the Department of Public Safety shall be individually responsible for the cost of acquiring and maintaining any equipment utilized aboard the helicopter, which pertains to the accomplishment of their respective missions. U) Extraordinary Expenses. Both parties agree that in the event an extraordinary expense(s) pertaining to the helicopter develops and such expense was not budgeted for, that the parties will endeavor to acquire the funding necessary to correct the deficiency. Page 4 of 7 (k) Reimbursement Revenue. Any revenues received by the SHERIFF or the COUNTY based upon the operation of the helicopter and which are for the reimbursement of incurred expenses will be apportioned back to the parties based upon how the original expenses were paid. 'b tJY (I) Annual Report. The annual helicopter expense budget described within this Section, which shall include expenses to be equally shared by the parties for pilot training, fuel, helicopter maintenance and repairs shall be an attachment to and considered inclusive of this Agreement. (m) Monroe County's performance and obligation to pay under this Memorandum of Understanding is contingent upon an annual appropriation by the Board of County Commissioners. SECTION 10. PERSONNEL ISSUES (a) The COUNTY and the SHERIFF shall be individually responsible for the payment of any sums or indemnification for injuries or sickness arising out of the performance of duties under this Agreement which may be owing or due to their respective employees. (b) COUNTY employees performing duties under this Agreement shall be deemed at all times to be employees of the COUNTY and not employees or agents of the SHERIFF for all purposes, including but not limited to, Workers' Compensation and Tort Liability, pursuant to Section 768.28, Florida Statutes. At all times when COUNTY employees are performing duties pursuant to this Agreement, the employee shall be deemed to be acting within the course and scope of his or her employment as an employee of the COUNTY. (c) SHERIFF'S employees performing duties under this Agreement shall be deemed at all times to be employees of the SHERIFF and not employees or agents of the COUNTY for all purposes including but not limited to Workers' Compensation and Tort Liability, pursuant to Section 768.28, Florida Statutes. At all times when SHERIFF'S Office employees are performing duties to this Agreement, the Sheriffs Office employee shall be deemed to be acting within the course and scope of his or her employment as an employee of the Sheriff. (d) It is understood and agreed by the parties that no COUNTY employee shall be deemed an employee of the SHERIFF and no SHERIFF'S employee shall be deemed an employee of the COUNTY. (e) The employees of the SHERIFF and the COUNTY who take part in the operation of the helicopter as either a pilot or crew member shall be governed by their employer's policies and procedures and standards of performance. Employee disciplinary decisions shall be made by the SHERIFF or the COUNTY in accordance with applicable disciplinary procedures. Page 5 of 7 SECTION 11. HELICOPTER REPLACEMENT. The SHERIFF and the COUNTY agree to begin developing a replacement plan to include funding options for the eventual replacement of the existing helicopter based upon an estimation as to when the present helicopter will become operationally obsolete or uneconomical to maintain and operate. Such planning in no way binds either party to providing funding for the replacement of the helicopter. SECTION 12. DISPUTE RESOLUTION. (a) Employment. Disagreements with or complaints about the performance of an employee by an employee of the other party shall be referred to the complaining employee's chain of command. If the employee's supervisor is unable to informally resolve the dispute to the satisfaction of the supervisor, the issue may be referred to the Monroe County Department of Public Safety EMS/Fire/Rescue Division Commander for joint resolution. If the dispute cannot be resolved at this level then the dispute shall be taken through the chain of command of the respective parties until resolution is achieved. (b) All Other Disputes. All other disputes regarding the helicopter shall be referred to the Monroe County Department of Public Safety EMS/Fire/Rescue Division Operations Chief and the Special Operations Division Commander for joint resolution. If a joint resolution cannot be reached at this level then the dispute shall be taken through the chain of command of the respective parties until resolution is achieved. SECTION 13. TERMINATION. This Agreement may be terminated by either party at any time, with or without cause, upon no less than sixty (60) days written notice to the other party. SECTION 14. NOTICES. Whenever any party desires or is required by law to give any notice to the other party, written notice shall be sent by certified mail or hand-delivery to: FOR COUNTY: James L. Roberts, County Administrator Monroe County Board of County Commissioners 1100 Simonton Street Key West, FL 33040 FOR SHERIFF: Richard D. Roth, Sheriff Monroe County Sheriff's Office 5525 College Road Key West, FL 33040 Page 6 of 7 SECTION 15. ENTIRE AGREEMENT. (a) It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement and annual budgetary attachment supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof, as well as any previous agreements presently in effect between the parties, relating to the subject matter hereof. (b) Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing, approved by the respective parties and duly executed on behalf of each party. (SEAL) SHERIFF OF MONROe COUNTY, FLORIDA Date: (SEAL) BOARD OF COUNTY COMMISSIONERS MONROE COUNTY, FLORIDA By: Mayor/Chairman Date: ATTEST: DANNYL.KOLHAGE,CLERK By: Deputy Clerk Page 70f7