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Home My WebLink About2007-186 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) ti Memorandum of Agreement # A901 2 . Emergency contacts of the IRCI, including twenty-four (24) hour contact numbers, are as follows: Warden Joe Butler, Telephone: (772) 564-2798 ; 3 . Restrictions on the provision of services or equipment during emergencies include: IRCI and IRCFR command staff will cooperatively manage an emergency on IRCI property; IRCI and IRCFR command staff will directly supervise their own participating staff. Also, IRCFR shall retain at least one fire truck within the county to answer fire calls that may arise during the same time period of the emergency; 4 . Reporting locations for the external staging area are: Administration Building or Main Control Room Lobby; 5 . Each agency shall be responsible for verifying identification of its own staff; 6. Arrangements for key IRCFR staff to tour the IRCI or otherwise familiarize themselves with potential emergency scenarios at the IRCI will be made upon prior notification to the warden . All staff responding will be appropriately trained; and 7 . The IRCFR staff will be invited to participate in applicable simulations, exercises or other emergency training at the IRCI . IRCFR staff will be supervised by IRCFR staff in command at all times. At no time material to this Agreement shall IRCFR staff be considered to be operating under the supervision, direction or control of IRCI . TERM This Agreement shall begin on June 1 , 2007 or the date on which it is signed by both parties, whichever is later, and shall end at midnight on May 31 , 2012 . In the event this Agreement is signed by the parties on different dates, the latter date shall control . TERMINATION This Agreement 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). FINANCIAL OBLIGATIONS OF THE PARTIES The Department and the IRCFR acknowledge that this Agreement 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 Agreement, each party agrees to be responsible for their own costs . WAIVER and ASSUMPTION of RISK The Department and IRCFR 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 state agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of this Agreement or any other contract. Page 2 of 3 MOA—Emergency Support_LocalFire Deparhnent_(Rev._03 .01 .07) Memorandum of Agreement # A901 MATTERS BEYOND THE CONTROL OF THE DEPARTMENT AND IRCFR Neither the Department nor IRCFR 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 Agreement. AUTHORIZATION FOR SIGNATURE The parties hereto cause this MOA to be executed by their undersigned officials as duly authorized. APPROVED INDIAN RIVER COUNTY FIRE RESCUE SIGNED NAME: Gary C . Wheeler' ' untv .n ministrntor TITLE: G.haTrman , Board of County Commissioners PPROVED AS TO FORM NO LEGAL IjSUFFICE C DATE : June 5 2007 B WILLIAM K. DEBRAAL FEID # : 59 - 6000674 ASSISTANT COUNTY ATTORNEY DEPARTMENT OF CORRECTIONS SIGNED /� SIGNED BY : QLt --t- I BY: NAME: Joe Butler NAME: Kathleen Von Hoene CFM TITLE: Warden TITLE: General Counsel Indian River Correctional Institution Department of Corrections DATE: a0® 7 DATE: d �- Attest : 3 . K , Barton , Cler , WARDEN' 0A1'FICi,E, Page 3 of 3 � p —� MOA—Emergency Support_Local Fire Department_(Rev._03 .01 .07)