2017-38 AGREEMENT#A4219
MEMORANDUM OF AGREEMENT
BETWEEN
THE FLORIDA DEPARTMENT OF CORRECTIONS
AND
CLERMONT POLICE DEPARTMENT
This Memorandum of Agreement ("Agreement") is between the Florida Department of Corrections
("Department")and the Clermont Police Department("Agency"),which are the parties hereto.
WITNESSETH
WHEREAS,the Lake Correctional Institution("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, training
building, and obstacle course 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 primary 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 correctional, 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, subject to controlling law, rules, regulations, or to other governing policies and/or
procedures,and in consideration of the mutual interests and understandings expressed herein,the parties agree
as follows:
I. TERM OF AGREEMENT
This Agreement shall begin on September 1, 2017, or the date on which it is signed by both parties,
whichever is later,and shall end at midnight on August 31,2022. In the event this Agreement is signed
by the parties on different dates,the latter date shall control.
This Agreement may be renewed for up to an additional five(5)year period, in whole or in part, after
the initial agreement term,upon the same terms and conditions contained herein, and upon agreement
of both parties. Exercise of the renewal option is at the Department's sole discretion and shall be
conditioned, at a minimum, on the Agency's performance of this Agreement. The Department, if it
desires to exercise its renewal option, will provide written notice to the Agency no later than 30 days
prior to the Agreement expiration date. The renewal term shall be considered separate and shall require
the exercise of a renewal amendment that shall be signed by both parties.
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II. SCOPE OF AGREEMENT
A. Overview
The purpose of this Agreement is to establish guidelines between the parties to allow the
Agency's personnel to use the Department's firing ranges, training buildings, and obstacle
courses for firearms qualification and training.
B. Responsibilities of the Department
The Department will perform the following at LCI in support of this Agreement:
The Warden,or designee,will be available to coordinate scheduling and security requirements
with the Agency's representative for each use by the Agency of the firing ranges, training
buildings, and obstacle courses.
C. Responsibilities of the Agency
1. The Agency may only use the firing ranges,training buildings,and obstacle courses under
the conditions and for the purposes of this Agreement as stated herein.
2. The Agency assumes all liability for its personnel while on the Department's premises.
Attachment A,"Department of Corrections' Release of Liability",shall be completed by
the Agency's personnel,prior to utilizing the Department's facilities.
3. At all times that a firing range is utilized by the Agency, the Agency shall ensure that a
certified range master,trained by the Agency, is present and the appropriate ratio of range
master(s) to participants on the firing 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 and every firearms
qualification session and is solely responsible for supervising and instructing all
participants utilizing the Department's facilities.
5. The Agency shall ensure that no participant utilizing the Department's facilities, or adjacent
Department property,is a convicted felon.
6. The Agency is solely responsible for determining participant eligibility and shall ensure
that only qualified participants use the Department's facilities.
7. The Agency shall request the use of the Department's facilities from the Warden, or
designee, a minimum of ten days in advance of any scheduled firearms qualification
session and/or training. The Agency shall notify the Warden, or designee, upon
completion of each session.
8. The Agency understands that proper security of the Department facilities is a priority and
shall conduct all firearms qualification sessions using standard firearm safety protocols,
and/or other emergency team protocols as applicable.
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9. The Agency shall ensure that participants in each and every firearms qualification session
abide by any posted rules at the firing ranges, training buildings, and obstacle courses
where applicable.
10. The Agency is responsible for all materials and supplies(e.g.,weapons,ammunition,etc.)
used in the firearms qualification sessions, or other emergency team trainings.
11. The Agency is responsible for cleaning the firing ranges and training buildings(e.g.,pick-
up of dispensed shells/cartridges,trash,etc.)after each and every firearms qualification or
training session.
12. The Agency shall be responsible for ensuring that all weapons brought onto Department
property are secured at all times when not in use,and utilized in a manner that will ensure
the security and safety of all participants and institutional personnel.
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 facilities.
III. FINANCIAL OBLIGATIONS
The parties acknowledge that this Agreement is not intended to create financial obligations 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 is responsible for maintaining the official Agreement file,
processing any amendments, termination of the Agreement, and maintaining records of all
formal correspondence between the parties regarding administration of this Agreement.
The address and telephone number of the Department's Agreement Administrator is:
Contract Administrator
Bureau of Procurement
Florida Department of Corrections
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 regarding issues arising out of this Agreement.
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FOR THE DEPARTMENT FOR THE CLERMONT POLICE
DEPARTMENT
Warden Charles Broadway
Lake Correctional Institutions Chief
19225 U. S.Hwy 27 865 W Montrose Street
Clermont,Florida 34715 Clermont, Florida 34711
Telephone:(352)989-9206 Telephone: (352)394-5588
Fax: (352)394-3504 Fax:(352)394-1644
Email: lakeci.wardenofficena,fdc.myflorida.com Email:cbroadway@clermontfl.org
C. Warden's Designee for Scheduling of Firing Range and Training Buildings
Tiffany Render
Training Sergeant, Lake Correctional Institutions
19225 U. S.Hwy 27
Clermont,Florida 34715
Telephone: (352)989-9206 ext 99273
Fax: (352)394-3504
Email:tiffany.render(a,fdc.myflorida.com
V. REVIEW AND MODIFICATION
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.
After execution of this Agreement,modifications to the provisions contained herein,with the exception
of Section IV., AGREEMENT MANAGEMENT, shall be valid only through execution of a formal
written amendment to the Agreement. Any changes in the information contained in Section IV.,
AGREEMENT MANAGEMENT,will be provided to the other party in writing and a copy of the written
notification shall be maintained in the official Agreement record.
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 30 calendar days' notice. Notice shall be delivered by 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 for any failure
of the Agency to comply with the terms of this Agreement or any applicable Florida law.
VII. OTHER CONDITIONS
A. Public Records Law
The Agency agrees to allow the Department and the public access to any documents, papers,
letters,or other materials subject to the provisions of Chapter 119 and Section 945.10,Florida
Statutes (F.S.), made or received by the Agency in conjunction with this Agreement. The
Agency's refusal to comply with this provision shall constitute sufficient cause for termination
of this Agreement.
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B. Sovereign Immunity
The Agency and the Department are state agencies or political subdivisions as defined in
Section 768.28, F.S., 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.
C. Confidentiality
The Agency shall ensure all staff assigned to this Agreement maintains confidentiality with
reference to individual participants receiving services in accordance with applicable local,
state,and federal laws,rules,and regulations. The Department and the Agency agree that all
information and records obtained in the course of providing services under this Agreement
shall be subject to confidentiality and disclosure provisions of applicable federal and state
statutes and regulations adopted pursuant thereto.
The Agency agrees to keep all Department personnel information (i.e., FDC staff telephone
numbers, addresses, etc.) strictly confidential and shall not disclose said information to any
person,unless released in writing by said Department.
D. Disputes
Any dispute concerning performance of the terms of this Agreement shall be resolved
informally by the Agreement Managers. Any dispute that cannot be resolved informally shall
be reduced to writing and delivered to the Department's Director of Institutional Operations.
The Director of Institutional Operations shall decide the dispute, reduce the decision to
writing, and deliver a copy to the Agency, the Department's Agreement Manager, and the
Department's Agreement Administrator.
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
or undeliverable. Either party may change the names, addresses, or telephone numbers set
forth in Section IV above by written notice given to the other party as provided above.
F. 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 all Department policies and procedures that relate to PREA.
G. Cooperation with Inspector General
In accordance with Section 20.055(5),F.S.,the Agency understands and will comply with its
duty to cooperate with the Inspector General in any investigation,audit,inspection,review, or
hearing.
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H. Institutional Security
In carrying out the provisions of this Agreement, the Agency must comply with all security
procedures for vendors doing business in Department's facilities as contained in Department
Procedure 602.016, "Entering and Exiting Department of Corrections Institutions", and the
Security Requirements for Contractors (FDC Form #DC6-264), attached hereto and herein
referred to as Attachment 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.
J. Force Majeure
Neither party shall be liable for loss or damage suffered as a result of any delay or failure in
performance under this Agreement or interruption of performance resulting directly or indirectly
from acts of God, fire, explosions, earthquakes, floods, water, wind, lightning, civil, or military
authority, acts of public enemy, war, riots, civil disturbances, insurrections, strikes, or labor
disputes.
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IN WITNESS THEREOF,the parties hereto have caused this Agreement to be executed by their undersigned
officials as duly authorized.
AGENCY:
CLERMONT POLI9 DEPART
SIGNED
BY:
NAME: Ck , r 17,0_5 I'�(Ca AI ur•
1'1'1'LE:
C (P
DATE:
FEID#: �S q
FLORIDA DEPARTMENT OF CORRECTIONS Approved as to form and legality,subject to
execution.
SIGNED SIGNED
BY:
BY:
NAME: Kasey B. Faulk NAME: Kenneth S. Steely
!TILE: Chief,Bureau of Procurement 1'1'1'LE: General Counsel
DATE: DATE:
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Attachment A
DEPARTMENT OF CORRECTIONS RELEASE OF LIABILITY
THIS IS A RELEASE OF LIABILITY--READ BEFORE SIGNING
NOTE: THIS FORM MUST BE READ AND SIGNED BEFORE THE PARTICIPANT IS ALLOWED TO
TAKE PART IN ANY FIRING RANGE EVENT. THIS FORM IS EXEMPT FROM PUBLIC RECORDS
DISCLOSURE IN ACCORDANCE WITH SECTIONS 119.071(4), (5) AND 945.10(1) (e), FLORIDA
STATUTES BECAUSE IT CONTAINS THE PERSONAL INFORMATION OF LAW ENFORCEMENT
PERSONNEL. UPON THE CONCLUSION OF ANY FIRING RANGE EVENT, IT SHALL BE STORED
SEPARATELY IN A DEPARTMENT OF CORRECTIONS FILE MARKED, "EXEMPT FROM PUBLIC
RECORDS DISCLOSURE."
IN CONSIDERATION of the mutual covenants contained herein,and additionally, in consideration of the
undersigned's being permitted to enter upon and partake in activities upon the Firing Range owned,leased,
and/or operated by the Department of Corrections and in consideration of being permitted to participate in
any way or in any manner in activities associated with a Firing Range�under the ownership and/or control
Oe and/or auspices of the State of Florida,Department of Corrections, r,-cw k Pof i t-Q,the undersigned
hereby acknowledges, consents, and agrees as follows:
1. I acknowledge that the risk of injury or death from the activities associated with and/or involved in or
upon a Firing Range is significant,including the potential for permanent disability and death. I further
acknowledge that protective equipment and personal discipline may minimize this risk of serious injury
or death.
2. I represent that I knowingly and freely assume all such risks,both known and unknown,even if arising
from the negligence of the Department of Corrections and/or those persons released from liability as
set forth herein below, and I assume full responsibility for my participation for any injury, death, or
damages caused by my actions.
3. I for myself and on behalf of my heirs,assigns,personal representatives and next of kin,hereby release
and hold harmless from any and all liability the State of Florida,Department of Corrections,the owner
and/or lessor of the premises used to conduct the firing range activities. I further hereby release and
hold harmless the Department of Correction's officers, officials, agents, and/or employees
("Releasees"). Such release to the Department of Corrections and the Releasees shall apply to and be
with respect to any and all injury, disability, death, loss, or damage to any person or property whether
caused by the negligence of the releasees or otherwise and whether caused by any person or by any
incident and/or whether caused by a person or incident that is unknown or is later determined to be
unknown.I understand and agree that this Release of Liability Agreement covers each and every firing
range activity and event in which I participate upon such premises owned or leased and/or operated by
the Department of Corrections. This release applies whether I am participating, observing, or utilizing
the Department's Range for firearms training, practice, or any other purpose as I acknowledge mere
presence upon a firing range could be inherently dangerous.
4. I acknowledge and agree that this release,waiver, and indemnity agreement is intended to be as broad
and as inclusive as permitted by the laws of the State of Florida and that if any portion hereof is held
invalid, it is agreed that the balance shall,notwithstanding, continue in full legal force and effect.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT,I FULLY
UNDERSTAND ITS TERMS,AND I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS
BY SIGNING IT. I SIGN THIS RELEASE FREELY AND VOLUNTARILY WITHOUT ANY
INDUCEMENT.
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C ‘e f Y,01 t- I G I I( p Attachment A
X C 11 a c is q(ca Cf vc7 Date Signed: . -1 7 Phone#: ( )
PARTICIPANT'S SIGNATURE(or legal guardian, if minor)
harr.5" (aroa(iv al
PARTICIPANT'S PRINTED NAME
�6cc S I y k,Joq a -7
BUSINESS ADDRESS
C f
CITY,
STATE ZIP CODE
Sworn to and Subscribed before me personally by(` r\ 'ho after being duly sworn
did state that he/she has read the above release and executes this release freely and voluntarily this
day of ¶ n..�p gzm c= -OI 1 .
Notary Public
( atzo,,,.,I's
CYNDIA RIVERA
Printed Name of Notary
'_ Notary Public-State of Florida
My Commission Expires P 4 ij My Comm.Expires Aug 11,2017
a,,
',Z;Ea�oo-` Commission#FF 044455
Seal
Identification by: check one(s-)-"Driver's License
( )Picture Identification by
EMERGENCY MEDICAL PERMISSION FORM(APPLICABLE ONLY IF PARTICIPANT IS A
MINOR)
The undersigned parent or guardian hereby gives permission,to authorize emergency medical treatment
as may be necessary for the child named below,while upon the FIRING RANGE owned or leased by the
Department of Corrections.
NAME �)
PHONE
ADDRESS
CITY, STATE ZIP
SIGNATURE OF PARENT OR GUARDIAN
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Attachment B
Firm Representing:
Name of the Employee/Vendor:
(Print)
DEPARTMENT OF CORRECTIONS
SECURITY REQUIREMENTS FOR CONTRACTORS
(1) Per Section 944.47,Florida Statutes(F.S.)it is unlawful to introduce into or upon the grounds of any
state correctional institution,or to take or attempt to take or send or attempt to send any of the following
items,which are considered,unless authorized by the officer-in-charge of the correctional institution.
• Any written or recorded communication to any inmate of any state correctional institution.
• Any currency or coin given or transmitted, or intended to be given or transmitted to any inmate
of any state correctional institution.
• Any article of food or clothing given or transmitted,or intended to be given or transmitted,to any
inmate of any state correctional institution.
• Any intoxicating beverage or beverage which causes, or may cause, an intoxicating effect.
• Any controlled substance or any prescription or nonprescription drug having a hypnotic,
stimulating, or depressing effect.
• Any firearm or weapon of any kind or any explosive substance, including any weapons left in
vehicles on the grounds of a state correctional institution).
A person,who violates any provision of Section 944.47,F.S.,as it pertains to an article of contraband,
is guilty of a felony.
(2) Do not leave keys in the ignition of motor vehicles. All vehicles must be locked and windows rolled
up when parked on state property. Wheel locking devices may also be required.
(3) All keys must be kept in pockets at all times.
(4) Confirm with the Institutional Warden where construction vehicles should be parked.
(5) Obtain formal identification(driver's license or non-driver's license identification obtained from the
Florida Department of Highway Safety and Motor Vehicles or equivalent agency in another state),that
must be presented each time Contractor staff enter or depart the Institution and as requested by
Department staff.
(6) Absolutely no transactions between Contract personnel and inmates are permitted. This includes,but
is not limited to, giving or receiving cigarettes, stamps, or letters.
(7) No communication with inmates, verbal or otherwise, is permitted without the authorization of the
Institution's Officer-in-Charge(OIC).
(8) Strict tool control will be enforced at all times. Tools within the Correctional Institution are classified
as AA,A,or B. Class AA tools are defined as any tool that can be utilized to cut chain link fence fiber
or razor wire in a rapid and effective manner. Class A tools are defined as those tools which, in their
present form,are most likely to be used in an escape or to do bodily harm to staff or inmates. Class B
tools are defined as tools of a less hazardous nature. Every tool is to be geographically controlled and
accounted for at all times. At the end of the workday,toolboxes will be removed from the compound
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Attachment B
or to a secure area as directed by the Department's security staff. The Contractor must maintain two
copies of the correct inventory with each tool box, one copy will be used and retained by the
Department's security staff,who will search and ensure a proper inventory of tools each time the tool
box is brought into the Institution, the other copy will remain with the tool box at all times. Tools
should be kept to a minimum(only those tools necessary to complete the job). All lost tools must be
reported to the Institution's Chief of Security (Colonel or Major) immediately. No inmate will be
allowed to leave the area until the lost tool is recovered.
(9) Approval must be obtained from the Institution's Chief of Security prior to bringing any powder-
activated tools into the Institution. Strict accountability of all powder loads and spent cartridges must
be maintained at all times.
(10) All persons and deliveries to be on Department property will enter and exit by only one designated
route,to be determined by the Department,and subject to security checks at any time. As the security
check of vehicles is an intensive and time consuming(10-15 minutes)process,the Contractor should
minimize the number of deliveries.
(11) Establish materials storage and working areas with the Institution's Warden and/or Chief of Security.
(12) Control end-of-day construction materials and debris. Construction materials and debris can be used
by inmates as weapons or as a means of escape.Construction material will be stored in locations agreed
to by Department security staff and debris will be removed or moved to a designated location.
Contractor should arrange for the Department's security staff to inspect the project area before
construction personnel leave.This will aid the Contractor in assuring that necessary security measures
are taken.
(13) Coordinate with the Institution's Warden and Chief of Security regarding any shutdown of existing
systems (gas, water, electricity, electronics, sewage, etc.). Institutional approval is required prior to
shutting down any existing utility system. The Contractor should arrange for alternative service, if
required, and expeditious re-establishment of the shutdown system.
(14)All Contractor staff and equipment will maintain a minimum distance of 100 feet from all perimeter
fencing,unless expressly authorized by the Institution's Warden.
(15)For security purposes,a background check will be made upon all Contractor staff that provide services
on the project. The Department, represented by the Institution's Warden, reserves the right to
reject any s erson whom' : - ermines may be a threat to the security of the institution.
f
Signature of Em? o. endor
2_-- I C\ v
Date Signature of Staff Witness
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