Item D16
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 20, 2006
Division: Emergency Services
Bulk Item: Yes X
No
Department: Fire Rescue
Staff Contact PersonlPhone#: Darice Haves/6004
AGENDA ITEM WORDING: Approval of Memorandum of Agreement (MOA) 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.
ITEM BACKGROUND: The Florida DOC saw the need to enter into an agreement with Monroe
County Fire Rescue pursuant to Section 163.01 (Florida Interlocal Cooperation Act of 1969) Florida
Statutes (2005), for the purpose of establishing and maintaining support during an actual or anticipated
emergency at the DOC's BPKRP.
PREVIOUS RELEVANT BOCC ACTION: None.
CONTRACT/AGREEMENT CHANGES: N/A.
STAFF RECOMMENDATIONS: The intent of this MOA is to create a joint working relationship
between the Florida Department of Corrections for the Big Pine Key Road Prison and Monroe County
Fire Rescue to provide emergency support as necessitated. Acting Chiefi'Division Director James
Callahan recommends approval of the MOA.
TOTAL COST: None
BUDGETED: Yes
No
COST TO COUNTY: None
SOURCE OF FUNDS:N/ A
REVENUE PRODUCING: Yes
No X AMOUNT PER MONTH
Year
APPROVED BY: County Atty YES OMBIPurchasing YES Risk Management YES
DOCUMENTATION: Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 8/06
MEMORANDUM ATTACHMENT TO AGENDA ITEM SUMMARY
Meeting Date: December 20, 2006
Division: Emergency Services
Bulk Item: YesX No
Department: Fire Rescue
Staff Contact Person: Darice Hayes
AGENDA ITEM WORDING: Approval of Memorandum of Agreement (MOA) between the
Florida Department of Corrections (DOC) and the Monroe County Board of County Commissioners
(MCBOCC) for Monroe County Fire Rescue (MCFR) in order to provide emergency and non-
emergency services to the Big Pine Key Road Prison (BPKRP) for the period December 20, 2006 to
September 28,2011.
ITEM BACKGROUND: The Florida DOC pursued entering into an agreement with Monroe
County Fire Rescue pursuant to Section 163.01 (Florida Interlocal Cooperation Act of 1969) Florida
Statutes (2005), for the purpose of establishing and maintaining support during an actual or
anticipated emergency at the DOC's correctional institution referred to in the MOA as the Dade
Correctional Institution / BPKRP. If an emergency situation is imminent at the BPKRP, MCFR
agrees to respond, upon notification, on a 24/7 basis with the following support: 1) 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 to emergency support, MCFR will
provide the non-emergency service of fire prevention and safety education.
PREVIOUS RELEVANT BOARD ACTION: None.
CONTRACT/AGREEMENT CHANGES: N/A.
STAFF RECOMMENDATIONS: The intent of this MOA is to create ajoint working
relationship between the Florida Department of Corrections for the Big Pine Key Road Prison and
Monroe County Fire Rescue to provide emergency support as necessitated. Acting Chief /Division
Director James Callahan recommends approval ofthe MOA.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: FL Department of Corrections Contract #_ ..
Effective Date: Dec. 20, 2006
Expiration Date: Sept. 28, 2011
Contract Purpose/Description: Memorandum of Agreement between Florida Department of Conections
and MCBOCC for Fire Rescue to establish and maintain fire & rescue support during an actual or
anticipated emergencv at the Big Pine Key Road Prison.
:
Contract Manager: Darice Hayes 6004 Fire Rescue / Stop #14
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on Dec. 20, 2006 Agenda Deadline: Dec. 5, 2006
CONTRACT COSTS
Total Dollar Value of Contract: $
Budgeted? YesD No 0
Grant: $
County Match: $
nla
Account Codes:
Current Year Portion: $
~ - - -
-- -- --------
- - - -
...----- - - ----------
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----.-.... -- ~ - -
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---...............-
Estimated Ongoing Costs: $~yr
(Not included in dollar value above)
ADDITIONAL COSTS
For:
(eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Date In
Changes
Neoooo {~. er
YesD NoD . -.
YesDNo~ Cfl.. J? '
Date Out
Risk Man~ment
O~.fPurch~lt~
tm1P
~<6IOl,YesDNoD ~~
fl-UJ-"~ YesONo{;:3/ _~ ~
oc..
Division Director
County Attorney
Comments:
OMB Form Revised 2/27/01 MCP #2
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,
("DEP ARTMENT") 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:
1. 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:
1. 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, induding, 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,
lmpaid 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 ofBPKRP.
TERM
This MOA shall begin on day of , 2006 or the date on which it is
signed by both parties, whichever is later, and shall end at midnight on September 28, 2011. 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:
Bmail: harris.david@mail.dc.state.f1.us
FOR THE MCFR
James K. Callahan
Acting Fire Chief/Division Director
490 63rd St., Suite 140
Marathon, Florida 33050
Telephone: 305-289-6088
Fax: 305-289-6007
Email: call ahan-j ames@monroecounty-fl.gov
Page 2 of 4
MOA _ Emergency Support_Local Fire DepartmenURev. 08_29_06)
Memorandum of Agreement # A973
FINANCIAL OBLIGATIONS OF THE PARTIES
The DEPARTMENT and the MCFR aclmowledge 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 S.ection 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 authorized.
(SEAL)
Attest: Danny L. Kolhage, Clerk
BOARD OF COUNTY COMMISSIONERS OF
MONROECOUNT~FLORIDA
SIGNED
BY:
SIGNED
BY:
Deputy Clerk
Mayor / Chairman
DEPARTMENT OF CORRECTIONS
SIGNED
BY:
SIGNED
BY:
NAME:
David Harris
NAME:
Rosa H. Carson
TITLE:
Warden
Dade Correctional Institution
TITLE:
General Counsel
Department of Corrections
DATE:
DATE:
MONROE COUNTY ATTORNEY
APPROV AS TO FORM:
\
Page 4 of 4
MOA_Emergency Support_Local Fire Department_(Rev. 08_29_06)