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Contract 2021-032A#2021-032-A AGREEMENT #A4906 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, 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 and local law enforcement agencies that may require assistance in the apprehension of escaped offenders and missing or endangered persons, to the extent that it is lawfully able to do so without impeding its primary mission; and WHEREAS, the Agency has requested assistance be available upon their determination of need. 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. AGREEMENT TERM AND RENEWAL A. Agreement Term This Agreement shall begin on August 19, 2021, or the date on which it is signed by both parties, whichever is later, and shall end on August 18, 2026. In the event this Agreement is signed by the parties on different dates, the latter date shall control. B. Agrreement Renewal The Department has the option to renew this Agreement for up to an additional five (5) year period beyond the initial agreement term, in whole or in part, upon written agreement of both parties, and upon the same terms and conditions contained herein. 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 the Agreement. The Department, if it desires to exercise its renewal option, will provide written notice to the Agency no later than 30 calendar days prior to the Agreement expiration date. Page 1 of 7 AGREEMENT #A4906 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 and utilizing a team problem -solving approach to address the issues facing their respective offices. B. Responsibilities of the De meat 1. The Department will provide the assistance of the canine tracking units at the Polk Correctional Institution and Sumter Correctional Institution whenever requested by the Agency, in accordance with applicable Department rules and procedures. However, the Department's ability to provide the assistance of the canine tracking units will be subject to operational constraints. Therefore, this Agreement does not imply or create any liability, if the Department is unable to provide such assistance. 2. Upon request of the Agency, the Warden, or designee, must approve authorization to provide assistance at the institution where the request for assistance was received. 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. 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 Agency may request direct assistance through the Department's EAC by calling (850) 922-6867. C. Responsibilities of the Agency 1. The Agency's Agreement Manager, or designee, listed in Section IV., B., Agreement Managers, shall request the assistance of a canine tracking unit from one of the institutions in Section IV., B., Agreement Mana ers of this Agreement. 2. The Agency agrees that the supervising authority of the Agency shall provide the Warden, or designee, of the institution where the request for assistance was received, 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). The Agency, 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. 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 the suspension of the use of the canine tracking units. Page 2 of 7 IV. V. AGREEMENT #A4906 FINANCIAL OBLIGATIONS The parties acknowledge that this Agreement is not intended to create financial obligations between the parties. However, if 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. AGREEMENT MANAGEMENT A. LO De r�artment's Agreement 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 the 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) 488-1189 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. FOR THE DEPARTMENT Warden Polk Correctional Institution 10800 Evans Road Polk City, Florida 33868 Telephone: (863) 984-2273 Email: PolkCI. WardenOfF ce'u-fdc.mvflorida.com FOR THE AGENCY Charles Broadway Chief of Police 3600 S. Hwy 27 Clermont, Florida 34711 Telephone: (352) 536-8438 Email: cbroadwa► ii"clermontfl.org REVIEW AND MODIFICATION FOR THE DEPARTMENT Warden Sumter Correctional Institution 9544 County Road 476B Bushnell, Florida 33513 Telephone: (352) 569-6100 or 568-4600 Email: SumterCI.WardenOffice a,fdc.mN Itorida.com 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 Page 3 of 7 AGREEMENT #A4906 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, except for Section IV., AGREEMENT MANAGEMENT, shall be valid only through the 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 methods whereby a receipt of delivery may be obtained. In addition, this Agreement may be terminated with 24 hours' notice by the Department or the Agency for any failure of either parry 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. B. Sovereig,n_Immunin 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 individuals 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., Department staff telephone numbers, addresses, etc.) strictly confidential and shall not disclose said information to any person, unless released, in writing, by the Department. Page 4 of 7 AGREEMENT #A4906 D. Independent Agent Status. The Agency shall be considered an independent Agent in the performance of its duties and responsibilities under this Agreement. The Department shall neither have nor exercise any control or direction over the methods by which the Agency shall perform its work and functions other than as provided herein. Nothing in this Agreement is intended to, nor shall he deemed to constitute, a partnership or a joint venture between the parties. E. Di,snutes Any dispute concerning the 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 Assistant Deputy Secretary of Institutions. The Department's Assistant Deputy Secretary of Institutions 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. F. 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., AGREEMENT MANAGEMENT, 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., AGREEMENT MANAGEMENT, above by written notice given to the other party as provided above. G. ,Prison Rape Elimination Act tPREAj The Agency shall report any violations of the Prison Rape Elimination Act (PREA), Federal Rule 28 C.F.R. Part 115, to the Department's Agreement Manager, or designee. H. No Third -Party Beneficiaries Except as otherwise expressly provided herein, neither this Agreement, nor any amendment, addendum or exhibit attached hereto, nor term, provision or clause contained therein, shall be construed as being for the benefit of, or providing a benefit to, any party not a signatory hereto. I. 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. 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. Page 5 of 7 AGREEMENT #A4906 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. L. Cooperation with the Florida Senate 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 Agreement, 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 6 of 7 AGREEMENT #A4906 IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed by their undersigned officials as duly authorized. AGENCY: CLERMONT POLICE DEPARTMENT SIGNED NAME: Charles Broadwav TITLE: Chief of Police rr DATE:` FEIN: 59-6000290 FLORIDA DEPARTMENT OF CORRECTIONS Approved as to form and legality, subject to execution. SIGNED SIGNED BY: (� C BY: NAME: rras", A Rirlrlav V NAME: othyM. Lumsed TITLE: Chief, Bureau of Procurement TITLE: DATE: LA �2,0 ZI DATE: Page 7 of 7 Deputy General Counsel