2014-079 Memorandum of Agreement# A3558
MEMORANDUM OF AGREEMENT
BY AND BETWEEN
THE FLORIDA DEPARTMENT OF CORRECTIONS
AND
CLERMONT POLICE DEPARTMENT
FOR
FIRING RANGE USE
PARTIES TO THIS MEMORANDUM OF AGREEMENT
This Memorandum of Agreement("Agreement") is between the Clermont Police Department("Agency")
and the Florida Department of Corrections("Department"),which are the parties hereto.
WHEREAS, Lake Correctional Institution's ("LCI"), a facility of the Department, has a firing range to
certify officers and students for safe firearms handling and shooting;
WHEREAS, the Department wishes to render assistance at LCI, upon request, to state and local law
enforcement agencies that may from time to time require use of the Department's firing range and
training building in providing for firearms qualification for certification of law enforcement officers, to
the extent that it is lawfully able to do so without impeding its pnmary mission;
WHEREAS, the Agency employs law enforcement officers who by law are vested with the authority to
bear arms and make arrests and whose primary responsibility is the prevention and detection of crime or
the enforcement of the penal, criminal,traffic or highway laws of the state; and
WHEREAS, these officers are required, for purposes of certification by the Florida Department of Law
Enforcement Criminal Justice Standards and Training Commission, to exhibit proficiency with firearms.
which requires the shooting of a firearm on a firing range
NOW THEREFORE,the Department and the Agency,through their undersigned agents.agree as follows:
I. TERM OF AGREEMENT
This Agreement shall begin on September 1, 2014 or the date on which it is signed by both parties,
whichever is later, and shall end at midnight on August 31, 2017 In the event this Agreement is
signed by the parties on different dates,the latter date shall control.
II. SCOPE OF AGREEMENT
The Department and the Agency agree to carry out their respective duties and responsibilities
outlined below, subject to controlling law, policy(ies) and/or procedures, and in consideration of
the mutual interests and understandings expressed herein.
A. Overview
The purpose of this Memorandum of Agreement is to establish guidelines between the parties
to allow the Agency's certified instructors and law enforcement officers to use the
Department's firing range and training building located at LC1 for firearms qualification and
training.
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' Memorandum of Agreement#A3558
B. Responsibilities of the Department
The Department will perform the following duties at LCI in support of this Agreement:
The Warden or his/her designee will be available to coordinate scheduling and security
requirements with the Agency representative for each use by the Agency of the LC1 finng
range and training building.
C. Responsibilities of the Agency
The Agency shall perform the following duties in support of this Agreement.
1. The Agency shall only use the firing range and training building under the conditions and
for the purposes of this Agreement as stated herein.
2. The Agency assumes all liability of their certified instructors, law enforcement officers or
other Agency personnel involved or associated with the Agency, while using the firing
range and/or training building. However, nothing herein shall constitute a waiver by
either party of sovereign immunity or statutory limitations on liability.
3. At all times that the range is utilized by the Agency, the Agency shall ensure that a
certified range master is present and the appropnate ratio of range officers to students on
the range is met in accordance with the Florida Department of Law Enforcement
Criminal Justice Standards and Training Commission requirements
4. The Agency shall be responsible for the oversight and operation of each firearms
qualification session and is solely responsible for supervising and instructing all Agency
law enforcement officers or other Agency staff utilizing the firing range and/or training
building.
5. The Agency shall ensure that no Agency participant on the firing range, in the training
building or adjacent Department property is a convicted felon.
6. The Agency is solely responsible for determining who is eligible to use the firing range
and shall ensure that only Agency employees, qualified to seek firearm certification, use
the frnng range.
7. The Agency shall request the use of the firing range and training building from the LCI's
Warden or his/her designee a minimum of ten days in advance of any scheduled firearms
qualification session and/or training.
8. The Agency shall notify the LCI's Warden or his/her designee upon completion of the
training session.
9. The Agency understands that proper security of the firing range and training building is a
priority and will conduct all firearm qualification sessions using standard firearm safety
protocols.
10. The Agency shall ensure that all Agency law enforcement officers or other Agency staff
in each and every firearms qualification session will abide by any posted rules at the
firing range and/or training building, where applicable
11. The Agency is responsible for all materials and supplies (e.g., weapons, ammunition,
etc.)used in the firearm qualification sessions.
12. The Agency is responsible for cleaning the firing range and training building (e.g., pick-
up of dispensed shells/cartridges, trash, etc.) after each and every firearms qualification
session and training session.
13. The Agency shall be responsible for ensuring that all weapons brought onto Department
property, including but not limited to the firing range and training building, are secured at
all times when not in use and utilized in a manner that will ensure the security and safety
of all Agency law enforcement officers or other Agency staff, qualified to seek firearm
certification,as well as institutional personnel.
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Memorandum of Agreement#A3558
D. Regulations Governing Use
Failure of the Agency and/or any of its personnel to comply with the terms of this Agreement
may result in suspension of the use of the Department's firing ranges and training buildings.
III. FINANCIAL OBLIGATIONS
The Department and the Agency 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
IV. AGREEMENT MANAGEMENT
A. Department's Agreement Administrator
The Agreement Administrator for the Department is responsible for maintaining the official
Agreement file, processing any amendments or termination of the Agreement and for
maintaining records of all formal correspondence between the Department and the Clermont
Police Department regarding administration of the Agreement. The address and telephone
number of the Department's Agreement Administrator for this Contract is:
Operations Manager,Contract Administration
Bureau of Contract Management and Monitoring
501 South Calhoun Street
Tallahassee, FL 32399-2500
Phone: (850)717-3681
Fax: (850)488-7189
B. Agreement Managers
The parties have identified the following individuals as Agreement Managers. These
individuals are responsible for enforcing performance of the Agreement terms and conditions
and shall serve as Agreement Managers regarding issues arising out of this Memorandum of
Agreement.
FOR THE DEPARTMENT FOR THE CLERMONT POLICE DEPARTMENT
Erich Hummel Charles Broadway
Warden, Lake Correctional Institution Chief,Clermont Police Department
19225 U. S. Hwy 27 865 W Montrose Street
Clermont, Florida 34715 Clermont, Flonda 34711
(352)394-6146 (Telephone) (352)394-5588 (Telephone)
(352)394-3504 (Fax) (352)394-1644 (Fax)
Hummel.reich(a,mail.dc.state fl.us (Email) cbroadway(aclermontfl.org (Email)
C. Warden's Designee for the Department
FOR THE DEPARTMENT—SCHEDULING OF FIRING RANGE AND TRAINING BUILDING
LCI Training Sergeant
(352)394-6146 ext. 395 (Telephone)
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V. REVIEW AND MODIFICATION
A. Upon request of either party, both parties will review this Agreement annually in order to
determine whether its terms and conditions are still appropriate. The parties agree to
renegotiate terms and conditions hereof if it is mutually determined that significant changes
in this Agreement are necessary. There are no obligations to agree by either party.
B. Modifications to the provisions of this Agreement, with the exception of Section IV,
AGREEMENT MANAGEMENT, shall be valid only through execution of a formal written
amendment to the Agreement.
VI. 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).
In addition, this Agreement may be terminated with 24 hours notice by the Department for any
failure of the Agency to comply with the terms of this Agreement or any applicable Florida law.
VII. OTHER CONDITIONS
A. Institutional Security
In carrying out the provisions of this Agreement, the Agency must comply with the security
procedures established for vendors doing business in Department of Corrections' facilities as
contained in Department Procedure 602.016, "Entering and Exiting Department of
Corrections Institutions"
B. Employee Status
This Agreement does not create an employee/employer relationship between the parties. It is the
intent of the parties that the Department and Agency 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 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
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
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C. Prison Rape Elimination Act(PREA1
The Agency will comply with the national standards to present detect,,and respond to prison
/
rape under the Prison Rape Elimination Act (PREA) Federal Rule 28 C F R Part 115 The
Agency will also comply -with all Department policies and procedures that relate to PREA
IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed by their undersigned
officials as duly authorized
AGENCY: CLERM NT POLICE DEPARTMENT
SIGNED Approved as-t/-fo m 71-211 ` gality, subject
BY ..0 1") to exe non:
NAME Ci )C;( rIrf) SIGNED __i_f BY
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TITLE t- -iI1 ire ill \D +Cry
- M16- L— iv•P►J 2
i2-ALS —
Q Q`� NAME C• 1-ty A--ts JR,1Q�f
DATE- \— `J ' I DATE 63 (j /iy
/
DEPARTMENT OF CORRECTIONS
Approved as to form and legality, subject
�+ to execution:
SIGNED .! / SIGNED
BY_ - , '5, BY __�1f1
fit,
NAM i '',cha•• ► / ews - NAME Jennifer A. Parker
TITLE Secretary TITLE General Counsel
Department of Corrections Department of Corrections
DATE /�1r il _ DATE l f /fr l y
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