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AGREEMENT#A3975
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 ("Participating Entity"), which are the parties
hereto.
WITNESSETH
WHEREAS, multiple Department institutions have canine tracking units used for apprehending escaped
offenders;
WHEREAS,the Department wishes to render the assistance of the canine tracking units, upon request,to
state.agencies and local law enforcement agencies that may require assistance in the apprehension of
escaped offenders, missing,.or endangered persons, to the extent that it is lawfully able to do so without
impeding-its primary:mission;and
WHEREAS, the Participating Entity has requested assistance be available upon their determination of
need.
NOW THEREFORE, subject to controlling law, policy, 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 August 19, 2016, or the date on which it is signed by both parties,
whichever is later, and shall end at midnight on August 18, 2021. In the event this Agreement is
signed by the=parties•on different dates,the latter date shall control.
This Agreement may be renewed for an additional five(5)year period, after the initial agreement
term, uponthe same terms and:conditions contained herein, and upon agreement of both parties.
Exerciseof the_renewal option is at the Department's sole discretion and shall be conditioned,at a
minimum, on the'Participating Entity's performance of this Agreement. The Department, if it
desires to exercise its renewal'option, will provide written notice to the Participating Entity no
later than•thirty (30)`day,s;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 parties shall work together to maximize the efficiency of the administration of the
Department's canine tracking units, by facilitating the exchange of information between the
parties, utilizing-a; team problem-solving approach, to address the issues facing their
respective offices.
B. Responsibilities of the Department
The Departmentwillperform the following duties in support of this Agreement:
1. Provide the assistance of the canine tracking units whenever requested by the
Participating Entity, in accordance with applicable Department rules and procedures.
However, the'Department's ability to provide the assistance of the canine tracking
units may be subject to operational constraints. Therefore, this Agreement does not
imply or createany liability,if the Department is unable to provide such assistance.
2. Upon request of the Participating Entity, authorization to provide assistance must be
approved by the Warden, or designee, at the Institution where the request for
assistance was received.
3. The Warden, or designee, will be responsible for the selection of the canine tracking
unit, which will consist of the canine sergeant and two (2) additional correctional
officers.
4. In the event that a canine tracking unit is not available from the institution where the
request;was received, the Warden, or designee, will contact the Central Office
Emergency Action Center (EAC). on call officer/staff for.assistance from another
canine tracking unit. The on-call officer/staff will determine the closest available
canine tracking unit(s)and dispatch them,if necessary. The Participating Entity may
request direct assistance through the Department's EAC by calling(850)922-6867.
C. Responsibilities of the Participating Entity
The Participating Entity shall perform the following duties in support of this Agreement:
1. The Participating Entity's Agreement Manager listed in Section IV., C., or their
designee, shall,request for the assistance of a canine tracking unit, from one of the
institutions in Section IV.,B.,of this Agreement.
2. The Participating Entity agrees that the supervising authority of the Participating
Entity shall.provide the Warden of the Institution, where the request for assistance
was received, or;her/hisdesignee, with information concerning the level of risk that
will be involved in the search(e.g.,whether the tracked person is armed,has a history
of violence, or has a history of a mental disorder that could cause confrontational
behavior).
3. The Participating Entity, when requesting assistance, must provide a certified law
enforcement officer to accompany the canine tracking unit, when the purpose of the
search is the apprehension of an offender or escapee.
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D. Regulations Governing Use
Failure of the Participating Entity,and/or any of its personnel,to comply with the terms of
this Agreement may result in suspension of the use of the canine tracking units.
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, processing 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:
Operations Manager,Contract Administration
Bureau of Contract Management and Monitoring
501 South Calhoun Street
Tallahassee, Florida 32399-2500
Telephone:(850)717-3681
Fax: (850)488-7189
B. Agreement Manager
The Warden has been identified as the Agreement Manager. This individual is responsible
for enforcing performance of the Agreement terms and conditions and shall serve as liaison
regarding issues arising out of this Agreement.
FOR THE DEPARTMENT: FOR THE DEPARTMENT:
LAKE CORRECTIONAL POLK CORRECTIONAL
INSTITUTION INSTITUTION
Warden Warden
19225 U.S.Highway 27 10800 Evans Road
Clermont,Florida 34715-9025 Polk City,Florida 33868-6925
Warden:(352)989-9206 Warden: (863)984-1435
Switchboard: (352)394-6146 Switchboard:(863)984-2273
Fax:(352)394-3504 Fax: (863)984-3072 _
Email: lakeci@mail.dc.state.fl.us Email:DolkciAmail.dc.state.fl.us
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FOR THE DEPARTMENT:
SUMTER CORRECTIONAL
INSTITUTION
Warden
9544 County Road 476B
Bushnell,Florida 33513-0667
Warden:(352)568-4544
Switchboard:(352)569-6100 or(352)568-4600
Fax: (352)569-6196
Email: sumterci@mail.dc.state.fl.us
C. Participating Entity Agreement Manager
The parties have identified the following individual as Agreement Manager. This individual
is responsible for enforcing the performance of the Agreement's terms and conditions and
shall serve as Agreement Manager regarding issues arising out of this Agreement.
FOR THE CLERMONT POLICE
DEPARTMENT
Charles T.Broadway
Chief of Police
865 W.Montrose Street
Clermont,Florida 34711
Telephone: (352)394-5588
Fax:(352)394-1644
Email: cbroadway@clermontfl.org
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.
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.
VL 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 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 Participating Entity to comply with the terms of this Agreement or any applicable
Florida law.
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VII. OTHER CONDITIONS
A. Public Records Law
The Participating Entity 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, made or received by the Participating Entity in conjunction
with this Agreement. The Participating Entity's refusalto comply with this provision shall
constitute sufficient cause for termination of this Agreement.
The parties agree-to exchange information and records as permitted by law, policy, and
procedure. (For example,Department staff is prohibited from disclosing confidential medical
information about offenders under supervision.)
B. Sovereign Immunity
The Participating Entity 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 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 Participating Entity 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
Participating Entity 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 Participating Entity agrees to keep all Department personnel information (i.e., DC 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 wnting 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 Participating Entity, the Agreement Managers, and the
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
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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 Participating Entity shall report any violations of the Prison Rape Elimination Act
(PREA), Federal•.Rule 28 C.F.R. Part 115, to the Department of Corrections' Agreement
Manager.
G. Cooperation with Inspector General
In accordance with Section 20.055(5), Florida Statutes, the Participating Entity understands
and will comply with its duty to cooperate with the Inspector General in any investigation,
audit,inspection,review,or hearing.
H. Insurance
The Participating.Entity agrees to provide adequate insurance coverage on a comprehensive
basis and to hold such insurance at all times during the existence of this Agreement. This
shall include, but is not limited to, worker's compensation and general liability coverage.
The Participating Entity accepts full responsibility for identifying and determining the type(s)
and extent of insurance necessary, to provide reasonable financial protection for the
Participating Entity and the Departmentunder this Agreement. Upon the execution of this
Agreement,the.Participating Entity shall furnish the Agreement Manager written verification
of such insurance coverage. Such coverage may be provided by a self-insurance program
established and operating under the laws of the State of Florida. The Department reserves the
right to require additional insurance where appropriate.
If_the Participating Entity is a state agency or subdivision as defined in Section 768.28,
Florida Statutes, the Participating Entity shall furnish the Department, upon request, written
verification- of liability protection in accordance with Section 768.28, Florida Statutes.
Nothing hereinshall be,,-construed to extend any party's liability beyond that provided in
Section 768.28;Florida Statutes.
I. 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 Participating Entity are independent
contractors under this.Agreement and neither is the employee of the other for all purposes,
including, but notlimited 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.
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AGREEMENT#A3975
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.
IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed by their
undersigned officials as duly authorized.
FOR THE CLERMONT POLICE DEPARTMENT
SIGNED `� f
BY: / i
z6Ze,
NAME: Charles , Broadway
TITLE: Chief of Police
DATE: n I i
FEID# 'SC— (Y,C`jCd®
DEPARTMENT OF CORRECTIONS Approved as to form and legality,
subject to execution.
SK LSO fi..�vl SIGNED
/ r1 r SIGNED ,�
ACX 1 BY: L ✓`'1�L P�-�// �L
O
NAME: Kelley J. SeottP1 v NAME:eV enneth S. Steely
TITLE: Director,Office/� of Administration TITLE: General Counsel
DATE: r) I. VI/V/ DATE: /a.2-.3/16
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