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Contract 2020-087A#202o-87-A AGREEMENT #A3783 AMENDMENT #1 MEMORANDUM OF AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF CORRECTIONS AND CLERMONT POLICE DEPARTMENT This is an Amendment to the Memorandum of Agreement ("Agreement") between the Florida Department of Corrections ("Department") and Clermont Police Department ("Agency") to provide a mechanism for the Department, through its Community Corrections Circuit Office (specifically the Fifth Judicial Circuit in Lake County), and the Agency, 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 Amendment: • Renews the Agreement for five (5) years pursuant to Section I., TERM OF AGREEMENT, and revises Section I., TERM OF AGREEMENT. This Agreement is in its final renewal term; • Revises Section II., B., Responsibilities of the Department, 3., 4., 5., and 6.; • Revises Section It., C., Responsibilities of the A enc . 3., 6., and 7.; • Revises Section II., D., Joint Responsibilities, 1.; • Revises Section II., E., Coalition Structure. 2; • Revises Section IV., A., DeEartment's Agreement Administrator, first and second paragraphs; • Revises Section IV., B., _ eement Managers; • Revises Section V1I., A., Public Records Law; • Revises Section VII., D., Disputes; • Deletes Section VII., E., Data Sharing; • Revises Section VII., H., Prison Rape Elimination Act REAI; • Revises Section VII., J., Force Maieure; • Adds Section VII., K., Americans with Disabilities Act; and • Adds Section VII., L., Cooperation- with the Florida Senate and the Flodda House of Re resentatives. Original Agreement Term: January 5, 2016 through January 4, 2021 In accordance with Section V., REVIEW AND MODIFICATION; the following changes are hereby made: 1. Section I., TERM OF AGREEMENT, is hereby revised to read: I. TERM OF AGREEMENT This Agreement began on January 5, 2016, and shall end on January 4, 2026. Page 1 of 6 AGREEMENT #A3783 AMENDMENT #1 2. Section IL, B., Responsibilities of the Dqpartment, 3., 4., 5., and 6., is hereby revised to read: II. B. Responsibilities of the D!Martment The Department will designate officers to participate in the Agency operations, in order to familiarize the Agency with the location, descriptions, and conditions of supervision for offenders on community control, sexual predators, sexual offenders, and high risk offenders. All Department officers who participate in these operations will be current on use of force training in accordance with the Department's Procedure 302.313 "Use -of -Force in Community Corrections". The Department will designate officers to participate in operations when, in its own judgment, the Department believes it can commit resources to the Agreement. 4. The Department will designate officers to conduct administrative searches in accordance with the Department's Procedure 302.311 "Plain View Observations, Walk Through Visual Inspections, Searches, and Warrantless Arrests" to ensure that offenders are in compliance with their terms of supervision. 5. The Department will train the Agency officers in accordance with Rule 33-302.108 Florida Administrative Code and with the Department's Procedure 302.311 "Plain View Observations, Walk Through Visual Inspections, Searches, and Warrantless Arrests" regarding participation in warrantless arrests. 6. The Department may be present, but will not participate in law enforcement activities when the offender is not under the supervision of the Department or the Florida Commission on Offender Review (FCOR). 3. Section 1I., C., Responsibilities of the A enc 3., 6., and 7., is hereby revised to read: II. C. Responsibilities of the Agency 3. The Agency will task law enforcement officers to provide security for probation officers while conducting administrative searches to ensure the offender's compliance with the terms of supervision. The Agency's officers will 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. 6. The Agency will assist the Department in transporting and/or arresting offenders within Lake County, Florida, or as otherwise permitted by law, if the offender is found to be in violation of supervision. The Agency will ensure that officers are aware of the Department's Procedure 302.311 "Plain View Observations, Walk Through Visual Inspections, Searches, and Warrantless Arrests" when participating in transporting/arresting aforementioned absconders or offenders. The Agency will provide opportunities for the Department to participate in ride along operations in order for the Department's officers to familiarize the Agency with the whereabouts, descriptions, and specified conditions of supervision of community control offenders, sexual predators, sexual offenders, and high risk offenders, to ensure that all violations are communicated to the Department's officer supervising the offender for communication to the appropriate sentencing authority. Page 2 of 6 AGREEMENT #A3783 AMENDMENT #i 4. Section IL, D., Joint Respgnsibilities, 1., is hereby revised to read: II. D. Joint ReswnsibiIities 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 Department or FCOR who have violated supervision terms, set forth by their sentencing authority. 5. Section II., E., Coalition Structure, 2., is hereby revised to read: II. E. Coalition Structure 2. The Chief will also function as the Agency's Agreement Manager, as provided for in Section IV., AGREEMENT MANAGEMENT, and will serve as the Agency's liaison and contact regarding issues that arise from this Agreement. 6. Section IV., A., Department's A ;eement Administrator, first and second paragraph, is hereby revised to read: IV. A. Department's Afreement Administrator The Department's 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 title, 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 7. Section IV., B., A_ eement Mariag_ers, is hereby revised to read: IV. B. Agreement Managers FOR THE DEPARTMENT FOR THE AGENCY Susan S. Cizmadia Charles Broadway Circuit Administrator, Fifth Judicial Circuit Chief 28402 C. R. 561 3600 S Hwy 27 Tavares, Florida 32778 Clermont, Florida 34711 Telephone: (352) 609-6107 Telephone: (352) 536-8438 Fax: (352) 742-6014 Fax: (352) 536-8496 Email: Susan.Cizmadia izifde.m� florida com Email: dcarter!ri?clermontfl.or_= Page 3 of 6 AGREEMENT #A3783 AMENDMENT #1 8. Section VII., A., Public Records Law, is hereby revised to read: VII. 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. 9. Section VII., D., Disputes, is hereby revised to read: VII. D. Disrutes 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 Community Corrections. The Department's Director of Community Corrections 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. 10. Section VIL, E., Data Sharing is hereby deleted to its entirety. 11. Section VIL, H., Prison RW Elimination Act. PREA.. is hereby revised to read: VII. H. Prison Rage Elimination Act PREA i 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. 12. Section VIL, I, Force MaLeure, is hereby revised to read: VII. 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, pandemics, strikes, or labor disputes. 13. Section VIL, K., AmericqLs—wiLft Disabilities Act, is hereby added: VII. K. Americans with Disabilities Act The Agency shall comply with the Americans with Disabilities Act. In the event of the Agency's noncompliance with the nondiscrimination clauses, the Americans with Disabilities Act, or with any other such rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended, in whole or in part, and the Agency may be declared ineligible for further Agreements. Page 4 of 6 AGREEMENT #A3783 AMENDMENT #1 14. Section VIL, L., Coo eration with the Florida Senate and_ the Florida House of Re resentatives, is hereby added: _ r-- - VII. L. Cooperation with the Florida S _enate and the Florida House of Representatives In accordance with Florida law, the Agency agrees to disclose any requested information, relevant to the performance of this Contract, to members or staff of the Florida Senate or the Florida House of Representatives, as required by the Florida Legislature. The Agency is strictly prohibited from enforcing any nondisclosure clauses conflictive with this requirement. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Page 5 of 6 AGREEMENT #A3783 AMENDMENT #1 All other terms and conditions of the original Agreement remain in full force and effect. This Amendment shall begin on the date on which it is signed by both parties. IN WITNESS THEREOF, the parties hereto have caused this Amendment to be executed by their undersigned officials as duly authorized. AGENCY: CLERMONT POLICE DEPARTMENT SIGNED t �j BY: - f NAME: 0 wQ �, TITLE: DATE: FEIN:7 FLORIDA DEPARTMENT OF CORRECTIONS Approved as to form and Iegality, subject to execution. SIGNED SIGNED BY: _ BY: NAME: Kase._ A. Bickle, NAME: Dorothv M. Bumsed TITLE: Chief, Bureau of Procurement TITLE: Deputy General Counsel DATE: 1 DATE: t-1 2 -71y Page 6 of 6