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s - o ? <br /> 20 ) ;- I1�1 (n <br /> Memorandum of Agreement # A901 <br /> MEMORANDUM OF AGREEMENT <br /> BY AND BETWEEN <br /> FLORIDA DEPARTMENT OF CORRECTIONS <br /> AND <br /> INDIAN RIVER COUNTY FIRE RESCUE <br /> This Memorandum of Agreement ("MOA") is between the Florida Department of Corrections, ("Department") <br /> and the Indian River County Fire Rescue ("IRCFR"), which are the parties hereto . <br /> The parties are authorized to enter into this Agreement pursuant to Section 163 . 01 , Florida Statutes (Florida <br /> Interlocal Cooperation Act of 1969) . <br /> This MOA is entered for the purpose of establishing and maintaining support during an actual or anticipated <br /> emergency at the Department' s Indian River Correctional Institution ("IRCI") . Should the IRCI have reason to <br /> believe that an emergency situation is imminent, the IRCFR agrees to respond, upon notification, twenty-four <br /> hours a day, seven days a week with the following support: <br /> 1 . Fire suppression and fire equipment; <br /> 2 . Fire investigation; <br /> 3 . Contact for ambulance and emergency medical services; and <br /> 4. Rescue of inmates/persons who may have become entrapped . <br /> In addition, the IRCFR agrees to provide the following non-emergency service : <br /> 1 . Fire prevention and safety education. <br /> GENERAL CONDITIONS <br /> This Agreement does not create an employee/employer relationship between the parties. It is the intent of the parties <br /> that the Department and IRCFR are independent contractors under this Agreement and neither is the employee of the <br /> other for all purposes, including, but not limited to, the application of the Fair Labor Standards Act minimum wage <br /> and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax <br /> Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, and the State unemployment <br /> insurance law. The parties shall each retain sole and absolute discretion in the judgment of the manner and means of <br /> carrying out their activities and responsibilities hereunder provided, further that administrative procedures applicable <br /> to services rendered under this Agreement shall be those of each individual party. Services provided by each party <br /> pursuant to this Agreement shall be subject to the supervision of such party. In providing such services, neither parry <br /> nor its agents shall act as officers, employees, or agents of the other party. The parties agree that they are separate and <br /> independent enterprises, and that each has the ability to pursue other opportunities. <br /> This Agreement shall not be construed as creating any joint employment relationship between the Parties and neither <br /> party will be liable for any obligation incurred by the other party, including, but not limited to, unpaid minimum <br /> wages and/or overtime premiums. <br /> 1 . Emergency contacts for the IRCFR including twenty-four (24) hour contacts and pager numbers <br /> are as follows: Lt. Sandra Seeley, Telephone : (772) 567-3160 Ext. 104 / 911 ; <br /> MOA Emergency Support—Local Fire Department_(Rev._03 .01 .07) <br />