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2014-106 Agreement 4A3557 MEMORANDUM OF AGREEMENT BETWEEN PARTICIPATING LAKE COUNTY AND STATE OF FLORIDA LAW ENFORCEMENT AGENCIES AND THE FLORIDA DEPARTMENT OF CORRECTIONS PARTIES This Memorandum of Agreement ("Agreement") is between the Florida Department of Corrections (DOC). and participating Lake County and State of Florida Law Enforcement Agencies("LE"). which arc the parties hereto All participating Lake County and State of Florida Law Enforcement agencies are indicated in Attachment A. The purpose of the Agieement is to provide a mechanism for the DOC through its Community Corrections Circuit Office (specifically the Circuit in Lake County). and LE to share investigative information and collaborate on enforcement efforts with a goal of reducing criminal activity by coordinating physical resources, manpower and criminal intelligence This may include, but is not limited to offender visits, employees of DOC riding with LE, serving warrants and any other steps DOC and LE deem necessary to facilitate reducing criminal activity in Lake County DOC and LE agree that an intelligence-led, data-driven. multi agency response will greatly enhance the effectiveness of DOC and LE in countering crime and criminal activity in Lake County DOC and LE agree that reentry programs and assistance to offenders and probationers are an appropriate use of resources and will enhance fighting crime and reduce criminal activity DOC and LE share the common goal of promoting public safety in Lake County by reducing crime and recidivism among offenders under community supervision through the efficient administration of policing and correctional sen ices DOC and LE understand that DOC is a party to similar partnerships in other counties in Florida DOC and LE belie\e that a coordinated response between those other partnerships will aid m the effectiveness of DOC and LE as well as the efforts with those similar partnerships in other counties in providing efficient policing and correctional services DOC and LE understand that every effort will be made to schedule operations pertaining to this Agreement with the similar partnerships DOC and LE recognize that the efficient interaction of this partnership depends upon efficient interaction of their respective agencies and the sharing of information and records regarding the efficient providing of policing and correctional services DOC and LE commit within the terms of this Agreement to a coordinated effort to provide policing and correctional services where each will benefit from the other's resources abilities and experience DOC and LE enter into this Agreement under the following terms I. TERM OF AGREEMENT This Agreement will begin on the last date signed by the parties. This Agreement will expire three (3) years from the last date on which a party signed it MOACCA062014 Page 1 of 10 ti Agreement#A3557 IL SCOPE OF AGREEMENT DOC and LE as partners in this Agreement agree that that they will carry out their respective duties and responsibilities as outlined in this Agreement This will be subject to the laws of the United States. the State or Florida, and the ordinances of Lake County. Florida DOC and LE understand that each agency has its own policies and procedures that will further restrict the activities of each agency's personnel A Overview DOC and LE will work together in their goal of improving the administration of criminal justice and reentry services in Lake County.Florida by 1 Improving the efficiency of interaction between their offices 2 Facilitating the exchange of information and records between the parties collected and maintained by each 3 Using a team pioblent-solving approach to address challenges posed :n the implementation of this Agreement and the criminal justice system 4 Conducting team initiatives targeted at offender contacts and enforcement of the conditions of supervision Each party retains responsibility for its personnel and any fiscal or general administrative services each party incurs in support of this Agreement Special operations. as it pertains to this Agreement involve teams of DOC and LE personnel targeting offenders on probation for home or workplace visits Those offenders that will be targeted include. but are not limited to those on probation for forcible felonies. those offenders on probation with a history of gang related violence and registered sexual offenders under supervision by DOC B Joint Responsibilities 1 In order to enhance public safety, each party agrees to commit its resources as it deems appropriate to apprehend offenders under supervision of the DOC or Parole Commission who have violated supervision terms set forth by their sentencing authority 2 Each party agrees that a successful reentry strategy for offenders will lead to safe:Florida communities Each party agrees to commit its resources as it deems appropriate in a coordinated effort to provide offenders and former offenders the skills and support systems needed to successfully reintegrate into Florida communities 3 Each party believes that some of the most pressing issues for offenders reentering into society include, but are not limited to the following- housing (permanent or temporary), employment, education, life skills, behavior management. substance abuse. mental health treatment and transportation 4 DOC and LE agree to provide a designee to attend meetings and serve as a representative of their particular agency Each party agrees to hold such meetings to discuss issues and methods of implementing the partnership in the most effective manner possible Each MOA CCA 06 20 14 Page 2of10 Agreement 4A3557 party agrees that said meetings will be held on at least a biannual basis, but the parties may agree to meet more frequently if in their judgment it would help fulfill the goals of this Agreement 5 The parties understand that the exchange of information as to their specific responsibilities,duties and roles within the criminal Justice system and regarding offender reentry are vital to the efficient operation of this partnership. Such exchange will only he limited by federal or state law and the policies and procedures of each agency 6 The parties agree to establish policies to implement the Agreement by pooling or sharing resources or equipment where applicable to enhance the delivery of quality service 7. T he parties agree to create procedures for communicating the goals and ideas of the partnership to their personnel for action and implementation C Coalition Structure 1 The Sheriff of Lake County (Sheriff) is established as the Coordinator of Lake County and will coordinate all compliance and enforcement initiatives with those agencies identified as LE in Attachment A. The participation of specific agencies will be affirmed by the signature of the agency head or authorized representative of same The Sheriff will endeavor to ensure successful and timely completion of LE goals and objectives 2 The Sheriff will also function as the LE Agreement Manager as provided for in Section IV of this Agreement and will serve as LE liaison/contact regarding issues that arise from this Agreement 3 The parties will meet biannually to accomplish the follow mg a Establish collaborative objectives, b.Establish guidelines and procedures for joint initiatives; c Share investigative information and data at biannual meetings,and d Establish guidelines and procedures for the disposition of forfeited property D Department of Corrections(DOC')Responsibilities The Department of Corrections will perform the following duties in support of the Agreement to the extent possible within those resources the DOC. in its own judgment, believes it can commit to the Agreement 1 DOC will dedicate certain officers and resources to facilitate the identification of dangerous,high risk offenders under supervision 2. DOC will provide current information to LE on those offenders under supervision of DOC This will include, but not be limited to addresses, offenses, and conditions of supervision and criminal histories 3 DOC will designate officers to participate in LE operations, in order to familiarize LE with the location, desciiptions and conditions of supervision for offenders on community control. sexual predators, sexual offenders and high risk offenders. Ali DOC officers who participate in these operations will be current on use of force training in accordance MOA CCA 06.20 14 Page 3 of 10 Agreement A3557 with DOC's "Use-of-Force in Community Corrections" Procedure 302 313 DOC will designate officers to participate in operations when, in its own judgment, DOC believes it can commit resources to the Agreement 4 DOC will designate officers to conduct administrative searches in accordance with DOC Procedure 302 311 to ensure that offenders are in compliance with their terms of supervision 5 DOC will train LE officers in accordance with Rule 33-302 108 of the Florida Administrative Code and with DOC Procedure 302 311 regarding participation in warrantless arrests 6 DOC may be present. but will not participate in law enforcement activities when the offender is not under the supervision of the DOC or the Florida Parole Commission E Law Enforcement(LE) Responsibilities Law Enforcement will perform the following duties in support of the Agreement to the extent possible within those resources that LE. in its own judgment, believes it can commit to the Agreement 1. LE will piovide DOC with all current available information on absconders and offenders under the supervision of DOC 2 LE will assist DOC officers on field visits to offender residences and places of employment as deemed necessary by LE to execute a warrant or warrantless arrest 3 LE will task law enforcement officers of member agencies to provide security for probation officers while conducting administrate%e searches to ensure the offender's compliance with the terms of supervision Said LE officers w ill control the offender,any individuals on site who attempt to interfere with the administrative search, and transport the offender to the county jail if needed. 4 LE will provide assistance to identify, secure, piovide receipts for and properly store any property seized during an administrative search conducted by DOC as the situation requires 5 LE will notify, DOC of any violations of supervis,on that an offender commits in the presence of the LE officer, and conduct a warrantless arrest upon confirmation with DOC that a violation has occurred 6 LE will assist DOC in transporting andlor arresting offenders within Lake County, Florida, or as otherwise permitted by law if the offender is found to be in violation of supervision LE will ensure that participating LE officers are aware of DOC Procedure 302 311 when participating in transporting/arresting aforementioned absconders or offenders 7 LE will provide the opportunity for DOC to participate in nde along operations in order for DOC officers to familianze LE with the whereabouts, descriptions, and specified conditions of supervision of community control offenders. sexual predators, sexual offenders and high risk offenders, and to ensure that all violations are communicated to MOA CCA 06 20 14 Page 4 of 10 Agreement#A3557 the DOC officer supervising the offender for communication to the appropriate sentencing authority 8 Any participating LE as indicated in Attachment A may terminate their individual participation in this Agreement with no less than thirty (30) calendar days' of notice, without requiring the termination of the overall Agreement III FINANCIAL OBLIGATIONS OF THE PARTIES DOC and LE acknowledge that the Agreement is not intended to create financial obligations between the parties If financial obligations are incurred as a result of the parties performing their duties or responsibilities under the Agreement, it is understood that the parties will bear then own costs IV. AGREEMENT MANAGEMENT A. Administrator of the Agreement for DOC The Agreement Administrator for the DOC 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 DOC and the LE regarding administration of the Agreement The title, address and telephone number of the DOC's Agreement Administrator is• Operations Manager.Contract Administration Bureau of Contract Management and Monitoring Florida Department of Coi rections 501 South Calhoun Street Tallahassee, Florida 32399-2500 Telephone. (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 liaison/agency contact regarding issues arising out of this Agreement I FOR THE DEPARTMENT I FOR THE PARTICIPATING I Susan S Cizmadia Gary S Borders Circuit Administrator.5`h Circuit Sheriff, Lake County Sheriffs Office 28402 C R 561 _ 360 \V Ruby Street ! Tal,ares, Florida 32778 i Tavares. Florida 32778 Telephone. (352)609-6107 Telephone (352)343-9501 Facsimile. (352)742-6014 ; Facsimile (352)343-9505 Email cizmadra.susan@mail dc state 11 us Email shcriff@lcso org MOA CCA 06 20 14 Page 5 of 10 Agreement idA3557 V. REVIEW AND MODIFICATION A Upon request of either party both parties will review this Agreement 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), express mail or other method whereby a receipt of delivery may be obtained In addition, this Agreement may be terminated with 24 hours notice by the DOC for any failure of the LE to comply with the terms of this Agreement or any applicable Florida law VII. OTHER CONDITIONS A Indemnification DOC and LE each agree that they are liable for the actions of their own personnel, employees and agents when acting in furtherance of the Agreement DOC and LE each understand that they are responsible for defending any and all claims whether brought in United States or Florida courts,against their own personnel, employees and agents None of the parties agree to indemnify the others in any way B. Confidentiality DOC and LE will ensure that their agents. personnel and employees assigned to implement or support the Agreement will apply all appropriate statutes, rules and regulations with regards to the confidentiality of individual participants ieceivtng services All information and records obtained during the course of the Agreement will be handled with the maximum confidentiality permitted by rule, regulation and statute Each pasty will endeavor to keep the other's personnel information private, but each party understands that they are governed by Flonda State Statutes, specifically Chapters 1 12 and 119 C Disputes Any dispute concerning performance of the terms of the Agreement will be handled informally by the Agreement Managers Failure to reach agreement on the performance of the terms of the Agreement by the Agreement Managers will lead to an impasse No party is bound to agree to any solution to any dispute An impasse declared by all Agreement Managers terminates the Agreement MOA CCA 06 20.14 Page 6 of 10 Agreement#A3557 D Data Sharing The DOC and the LE acknowledge their separate obligations to stole and disseminate data in compliance with the requirements of Public Records Law. Chapter 119, Florida Statutes, and v ith other applicable statutes that constitute express exceptions to the requirements of Section 119 07(1), Florida Statutes, by making certain categories of records confidential, exempt from disclosure, or accessible as prescribed by statute The LE acknowledges that the data exchanged between them has been provided for official purposes and that public access to such data is limited and prescribed by statute The LE therefore agrees. consistent with public records law. to refer third parties requesting delivery of information to the originating party LE further agrees to disseminate data only in compliance with confidentiality restrictions and in recognition of the exemptions from disclosure provided by law and to provide advance copies of documents involving the other party's data for review to determine if there has been an inadvertent disclosure of confidential information as described herein prior to publication E Notices All notices required or permitted by this Agreement shall be given in writing and by hand- delivery or email to the respective addresses of the parties as set forth in Section IV above All notices by hand-delivery shall be deemed received on the date of delivery and all notices by email shall be deemed received when they are transmitted and not returned as undelivered 01 undeliverable The parties may change the names, addresses, or telephone numbers set forth in Section IV above by written notice given to the other parties as provided above F. Health insurance Portability and Accountability Act DOC and LE acknowledge that they are subject to and will comply with the Health Insurance Portability and Accountability Act of 1996 (42 U S C 1320d-8). and all applicable regulations promulgated thereunder. The DOC and LE have the right to inspect each other's policies and procedures to ensure that they comply with said act If one party believes the other's policies and procedures do not comply with said act, the issue will be settled by the Agreement Managers G Prison Rape Elimination Act(PREA) The LE will comply with the national standards to prevent. detect, and respond to prison tape under the Prison Rape Elimination Act(PREA), Federal Rule 28 C F R Part 115 The LE will also comply with all DOC policies and procedures that relate to PREA. MOA CCA 06 20.14 Page 7 of I0 1.2-31-' 14 14:57 FROM- Eustis PD Records 352-357-1930 T-204 P0001/0001 F-610 12/08/2014 12:44 3823438721 ASTATtLA POLICE DEPT PAGE 81/81 Free: 12/08/2014 18:22 #141 P.009/020 AiRofteent043557 ® 7= Ween ban mond We dl tent¢a$e co $y twig � PARTS ' a Ag craggy 1e a ie �s ep(* bul ouch = ighege smolt ate step together ��a tlmae�ir�oam. Chl e14e SW a letA__,,_.___.,___.____.,M428 ___AWIEOY-______ .-_ --'6.- ; .--t_ i__ ...,,._ paw;I. caw o_____a_______61,2 ,....,___,6_644 _____, iims_—.101.... _ _ MN = _ w Chianti, 1'eanvaon — -- — • R1t�Yi .4)s.Or,� p lFoilca Wean aim8,•-• Ythiege Mato Polies Y @off E'P at endo a .moo 1 ,rj Qt....ao eras - 1 bete and llf _ _ 1 -- . it./. 15., ,.etofPlfae - — lim ead ewe r RWAS.CI!OS.20.14 ' Page 6 one Agreement#A3557 DEPARTMENT OF CORRECTIONS Approved as to form and legality, subject to execution SIGNED SIGNED BY BY NAME. Michael D Crews NAME Jennifer A Parker TITLE. Secretary TITLE- General Counsel Department of Corrections Department of Corrections DATE DATE MOA CCA 06 20 14 Page 9of10 Agreement#A3557 Attachment A Law Enforcement Agencies (LE's) Lake County Astatula Police Department Clermont Police Department Eustis Police Department Fruitland Police Department Groveland Police Department Howey in the Hills Police Department Lady Lake Police Department Lake County Sheriff's Office Leesburg Police Department Mascotte Police Department Mount Dora Police Department Tal ares Police Department Umatilla Police Department MOA CCA 06 20 I4 Page 10 of 10 Agreement #A3543 INTERAGENCY AGREEMENT ESTABLISHLNG A COMMUNITY PARTNERSHIP BETWEEN THE FLORIDA DEPARTMENT OF CORRECTIONS AND LAKE COUNTY SHERIFF'S OFFICE Tl'is Agreement is entered into on the date subscribed below, by and between the Department of Corrections, ("Department"), and the Lake County Sheriffs Office ('`Agency"), located in Lake County Florida which are the parties hereto WITNESSETH WHEREAS, the Depaitment and the Agency are governmental offices that will comprise a Community Partnership ("Partnership") in Northern Region, Circuit 5. Community Corrections, Lake County, Florida, WHEREAS, the diverse responsibilities and services provided by the Department and the Agency are integral to the administration of criminal Justice and offender reentry in Lake County', Florida, WHEREAS, the Department and the '\gency recognize that prcviding offenders with reentry assistance, as appiopriate, is an anti-crime measure which reduces victimization, recidivism and state spending on corrections, WHEREAS, the Department and the Agency agree that offenders face many challenges to suceessfial reentry, that most offenders have limited sk,lls and community contact and are unable to identify support services available in their community prior to release, WHEREAS, the Department and the Agency share the common goal of promoting public safety for the citizens of Lake County, Florida, by reducing crime and recidivism by offenders under community supeivisior. in the county through the efficient administration of policing and correctional services, WHEREAS, the Department and the Agency recognize that the effective performance of their respective duties and the quality of the administration of the Partnership established by this Agreement are dependent upon the efficient interaction of their offices and the mutual exchange of.nformation end records, and WHEREAS. the Department and the Agency recognize that a team pioblem-solving approach will more effectively address the issues facing their respective offices and that each could benefit from the other due to the variety of their collective perspectives, experiences. and available resources Page 1 of 9 Model CC-CPA Revised 11.04 I3 Agreement#A3543 NOW THEREFORE, subject to controlling law, rules or regulations or to other governing policies and/or procedures, and in consideration of the mutual interests aria understandings expressed herein, the parties agree as follows I. TERM OF AGREEMENT This Agi cement shall begin on January 3, 2015. of the date on which it is signed by both parties, whichever is later,and shall end at midnight on January 2, 2018. in the event this Agreement is signed by the parties on different dates, the latter date shall control IL SCOPE OF AGREEMENT A. Overview The parties shall work together in their goal of Improving the administration of criminal justice and reentry services'n Lake County, Florida. by- 1. improv mfg the efficiency of the interaction of their offices. 2. Facilitating the exchange of information and records between the parties collected and maintained by each, and 3 Wherever pertinent, utilizing a team problem-soh ing approach to address the issues facing their respective offices and the criminal justice system Each party will retain responsibility for its personnel and for any fiscal and/or general admtnistratrvc services utilized n support of this Agreement. The parties agree to support and participate in this partnership and its endeavors, objectives, and goals winch are directed only towards offenders under the supervision 01 the Department B. Joint Responsibilities 1. To further enhance public safety, each party agrees to commit its available resources to the Partnership to apprehend probationers, parolees, conditional releasees, and any other offender(s) under the supervision of the Department who have violated supervision terms established by the applicaole sentencing authority. 2 Because a successful reentry strategy provides safer Florida communities, each party agrees that its available resources must also be coordinated to provide offenders and ex-offenders the skills and support systems needed to successfully reintegrate into their communities Page 2 of 9 Model CC-CPA Revised 11 04.13 Agreement#A3543 3. Each party recognizes that some of the most urgent issues to address for successful reentry of 'nmates and offenders arc housing (temporary and permanent), employment opportunities/job placement, life skills/lifestyle interest and habits, educational/vocational, counseling (family, anger management, parenting), mentoring, cognitive benavioral classes. transportation, substance abuse treatment and mental health treatment/co- occurring disorder s. 4 Each party agrees to provide a designee to attend and serve as its representative at Partnership meetings and farther agrees that such meetings will be regularly held to discuss issues and methods to better achieve the goals of the Partnership 5. The parties agrea to exchange information as to their respective duties, responsibilities. and roles within the criminal justice system and offender reentry, their required interaction with, and reliance or, the other party, and their goals and objectives in order to maximize the use of resources and personnel and further the implementation of a successful offender reentry as a crime reduction strategy with community support 6 The parties agree to the extent allowable by law. rule. or regulation, to provide immediate exchange of information regarding offenders, including suspected violations ofsupervision. 7 In order to maximize the use of resources and personnel, the oarties agree to identify common, shared, or related duties, responsibilities, and goals and to coordinate the delivery of services to eliminate duplicity of effort and unnecessary cost 8. The parties agree to discuss and establish Partnership policies and procedures for the sharing or pooling of resources and equipment to assist in improving the delivery and quality of their services 9 The parties agree to review Partnership procedures for communicating the initiatives and directives of the Partnership to their respective personnel for action and implementation 10. The parties agree to discuss, formulate, and implement plans to educate the public about the duties and responsibilities of their respective offices C Responsibilities of the Department I The Department shall dedicate certain officers and resources for the purposes of identifying dangerous at-risk offenders under supervision Page 3 of 9 Model CC-CPA Revised 11.04.1 3 Agreement#A3543 2 The Department shall exchange with the Agency the following current information on absconders and offenders under the Department's supervision.: addresses, offenses, conditions of supervision and criminal histories. 3. The Department shall make initial contact with supervised offenders unless the situation dictates a warrantless arrest where the probation officer needs assistance from the Agency's or other law enforcement agency's officers in transporting the offender to the county jail. 4. Th'.. Department shall compile and disseminate to Partnership participants pertinent reports on the status of targeted offenders 5 The Department shall participate in Ride-Alongs. in order to familiarize the Agency with the whereabouts, desc:ipt;ons and conditions of supc"vision of its community control offenders, sexual predators, sexual offenders and high risk offenders, and to ensure that all violations are communicated to the super\ising officers for notification to the applicable sentencing authority. All Department officers who volunteer for Ride-Alongs must have received current mandatory use-of-force training in accordance with the"Use-of-Force in Community Corrections", Procedure 302 313 Probation officers with less than six (6) month's experience will be accompanied by a supervisor, senior officer or specialist. 6. The Department shall provide violation warrants or a probable cause affidavit to the Agency to conduct a warrantless arrest or to expedite the arrest process for an active warrant, and assist the Agency as necessary :r serving those warrants 7. The Department shall conduct administrat.ve searches in accordance with Department Procedure 302 311 to ensure that offenders a;a m compliance with their terms of super vision. 8 The Department shall provide briefing to Agency's officers in accordance with Rule 33-302 108, F A C and with Department Procedure 302.311, on participation in warrantless arrests. 9 The Department shall not participate in law enforcement activities where a non-Department offender is involved D Responsibilities of the Agency 1 The Agency shall exchange with the Department current information and documentation on absconaers and offenders under the supervision of the Department Page 4 of 9 Model CC-CPA Revised 11.0413 Agreement 7A3543 2. rhe Agency shall assist probation offiael s on field ='isits to offender residences and places of employment as necessaiy to execute a U arrant or warrantless wrest 3 The Agency shall assist probation officers in serving'Violation of Supervision and absconder warrants 4. The Agency shall provide safety for probation officers while they conduct administrative searches to ensure the offender's compliance with the terms of supervision, by controlling the offender family members or others present during the search, and shall transport the offender to the county jail, if warranted. 5 The Agency shall piovide assistance iridentify.ng, receipting and securing of any property seized during a search conducted by the Department 6. The Agency shall advise the Department of any violations of supervision that an offender commits in tie piesence of the Agency's officer(s), and shall conduct a warrantless arrest upon confirmation with the Department that a violation has occurred 7 The Agency shall assist the Department in transporting and/or arresting absconders or offenders within the but isdiction of Lake County, Florida or as otherwise permitted by law, if the offender :s found to be in violation of supervision 8. The Agency shall conduct surveillance on high-risk offenders as permitted by law for the purpose of locating an offender to conduct at.arrest. 9. The Agency shall provide the opportunity for participating in Ride-Alengs, in order to become familiar with the whereabouts, descriptions and specified conditions of supervision of community control offenders, sexual predators, sexual offenders and high risk offenders, and to ensure that all violations are communicated to the assigned supervising ofticer(s) for notification to the appropriate sentencing authority 10 The Agency's officers may assist Department officers w:th monitoring offender's compliance with supervision sanctions, by conducting a warrantless arrest if an offender is observed violating the terms or conditions of supervision in the community IIT. FINANCIAL OBLIGATIONS The parties acknowledge that this Partnership is not Tntenaed to create financial obligations as between the parties However, in the event that costs are incurred as a Page 5 of 9 Model CC-CPA Revised_i 1 04 13 Agreement PA3543 result of either or both of the parties performing their duties or responsibilities under this Agreement, each party agrees to be responsible for their owr costs incurred IV. AGREEMENT MANAGEMENT A. Department's Agreement Administrator The Agreement Administrator is responsible for maintaining an Agreement file processing all amendments for changes to the agreement. processing termination of the Agreement. and maintaining records of all fo!mal correspondence between the Department and Agency regarding administration of this Agreement The address,and telephone number of the Department's Agreement Administrator is- Operations Manager, s-OperationsManager, Contract Administration Bureau of Contract Management and Monitoring 501 South CFaIhoun Street Tallahassee,]Florida 32399-2500 (850) 717-3681 (telephone) (850) 488-7189`(facsimile) B. Agreement Managers The parties have identified the following individuals as Agreemen' Managers These individuals are responsible for enforcing performance of the Agreement terms and conditions and shall serve as liaison/agency contact regarding issues arising out of this Agreement FOR THE DEPARTMENT FOR THE LAKE COUNTY SHERIFF'S OFFICE Susan Cizmadia Gary S Borders Circuit Administrator Sheriff 28402 C.R 561 360 W Ruby Street Tavares,Floiida 32778 Tavares, Florida 32778 (352) 609-6107 (telephone) (352) 343-9500 (telephone) (352) 742-6014 (facsimile) (352) 343-9505 (facsimile) Cizmadia.sus'an@mail.dc.state.f us (e-mail) sherifF lcso org (e-mail) V. AGREEMENT VIVDIFICATION Modifications to the provisions of this Agreement, with the exception of Section IV.. Agreement Management, shall be valid only through execution of a formal Agreement amendment. Page 6 of 9 Model CC-CPA Revised 110413 -- Agreement#A3543 VI. TERMINATION This Agieement may be terminated at any time upon the mutual consent of both parties dr unilaterally by either party upon no less than thirty (30) calendar days' notice Notice shall be delivered!by certified mail (return receipt requested), express mail or other method whereby a 'receipt of delivery may be obtained In addition, this Agreement may be terminated with 24 hours notice by the Department fox any failure of1the Agency to comply with the terms of this Agreement or any applicable Florida law VII. OTHER CONDITIONS A Public Records Law The Agency!agrees Lo. (a) keep and maintain public records that would ordinarily and necessarily he i equired by the Department to perform the contracted services, (b) allow public access to records ir. accordance with the provisions of Chapter 119 and 945 10. Florida Statutes; (c) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law (d) meet all requirements for retaining public records and transfer to the Department, at no cost, all public records in the Agency's possession upon termination of the contract and destroy any duplicate public records that are exempt of confidential and exempt from public records disclosure requirements. All records stored electronically must oe provided to the Department m a format that is compatible with the Department's information technology systems The Agency's failure :o comply with tips provision shall constitute sufficient cause for termination of this Contract B Waiver and Assumption of Risk The Agency and the Department are state agencies or political subdivisions as defined in Section 768.28, Florida Statutes, and agree to be fully responsible for acts arid omissions of their own agents or employees to me extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by either party tb which sovereign immunity may be applicable Further, nothing herein shall be construed as consent by a,state agency or pol:tical subdivision of the State of Florida to be.sued by th.rd parties rn any matter arising out of this Agreement or,any other contract. C Appropriation In the event that funds are to be expended by the Department in performing any of its obligations under this Agieement, such funds are contingent upon an annual appropriation by the Legislature The costs of services paid under any other Page 7 of 9 Model CC-CPA Revised 110413 I Agreement#A3543 Agreement or from any other source are not elig'ble for reimbursement under this Agreement; In the event that funds are to be expended by the Agency in performing any of its obligations under this Agreement, such funds are contingent upon budgetary approval bylthe Agency or its governing body and shall be lawfully expended for the purposes of this Agreement for the current and future periods D. Prison Rape Elimination Act(PREA) The Agency will comply with the national standards to prevent, 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 ail Department policies and'iprocedures that relate to PREA. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK 1 Page 8 of 9 Model CC-CPA Revised 11 0413 Agreement#A3543 IN WITNESS THEREOF,the parties hereto have caused tis Agreement to be executed by then- undersigned offkials as duly authonzed. FOR THE LAKE COUNTY SHERIFF'S OFFICE SIGNED BY ' PRINT , NAME.p • CLCD S . L>Dr, rr5 T:TLE Sheriff De TE ; L2. 1 FEID4 FOR THE DEPARTMENT OF CORRECTIONS Approved as to form and legality, subject to execution. S fGNED � � SIG'vBD BYE BYci "—f�a x•11- ;, NAME111, _J NAiv� Mich. 1 P. p Jennifer A Parker TITLE Secretary TITLE General Counsel Department of Corrections Department of Corrections DATE: - // .4' DATE l01 ZZI(�G Page 9 of 9 Model CC-CPA Revised 11 04 13