2007-186 - Laserfiche WebLink

Home Browse Search

s - o ? 20 ) ;- I1�1 (n Memorandum of Agreement # A901 MEMORANDUM OF AGREEMENT BY AND BETWEEN FLORIDA DEPARTMENT OF CORRECTIONS AND INDIAN RIVER COUNTY FIRE RESCUE This Memorandum of Agreement ("MOA") is between the Florida Department of Corrections, ("Department") and the Indian River County Fire Rescue ("IRCFR"), which are the parties hereto . The parties are authorized to enter into this Agreement pursuant to Section 163 . 01 , Florida Statutes (Florida Interlocal Cooperation Act of 1969) . This MOA is entered for the purpose of establishing and maintaining support during an actual or anticipated emergency at the Department' s Indian River Correctional Institution ("IRCI") . Should the IRCI have reason to believe that an emergency situation is imminent, the IRCFR 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 IRCFR agrees to provide the following non-emergency service : 1 . Fire prevention and safety education. GENERAL CONDITIONS This Agreement does not create an employee/employer relationship between the parties. It is the intent of the parties that the Department and IRCFR are independent contractors under this Agreement 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 Agreement shall be those of each individual party. Services provided by each party pursuant to this Agreement shall be subject to the supervision of such party. In providing such services, neither parry 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 Agreement 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 IRCFR including twenty-four (24) hour contacts and pager numbers are as follows: Lt. Sandra Seeley, Telephone : (772) 567-3160 Ext. 104 / 911 ; MOA Emergency Support—Local Fire Department_(Rev._03 .01 .07)