Contract 2022-133A2022-133A
AGREEMENT #A5265
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 Department is responsible for the inmates and the operation of, and supervisory and protective
care, custody, and control of, all buildings, grounds, property, and matters connected with the correctional
system in accordance with Section 945.04, Florida Statutes (F.S.);
WHEREAS, the Lake Correctional Institution ("Institution"), has a firing range to certify officers and students
for safe firearms handling and shooting;
WHEREAS, the Department wishes to render assistance at the Institution, upon request, to State and local law
enforcement agencies that may, from time to time, require the use of the Department's firing range, a training
building, and an 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 penal, 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 other governing policies and procedures,
and in consideration of the mutual promises expressed herein, the parties agree as follows:
L AGREEMENT TERM AND RENEWAL
A. Agreement Term
This Agreement shall begin on September 1, 2022, or the date it is signed by both parties,
whichever is later, and shall end on August 31. 2027. In the event this Agreement is signed by
the parties on different dates, the latter date shall control.
Agreement Renewal
The parties have the option to renew this Agreement, in whole or in part, for up to an additional
five (5) years beyond the initial term, or portions thereof, upon written agreement of both
parties, and upon the same terms and conditions contained herein. Exercise of a renewal
option shall be conditioned, at minimum, upon the Agency's performance of the Agreement.
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The Department, if it desires to exercise the renewal option, will provide written notice to the
Agency no later than 30 calendar days prior to the Agreement's expiration date.
II. SCOPE OF AGREEMENT
A. Definitions
The capitalized terms used in this Agreement, unless the context otherwise clearly requires a
different construction and interpretation, have the following meanings:
6. Agreement Administrator: The Department employee, or his or her designee, who will
maintain the official Agreement Administration file, develop and maintain the Agreement
and all amendments, terminate the Agreement, and maintain the official records of all
formal correspondence between the Department and the Agency.
7. Agreement Manager: The Department or Agency employee, or his/her designee, who
serves as the liaison between each party and the other and is responsible for performance
oversight and operational management of the Agreement.
8. Warden: The Department employee responsible for supervising the governance,
discipline, and policy of their assigned correctional institution and to enforce all orders
and rules. The Warden may delegate firing range responsibilities to a staff member at the
Institution as required; any such delegation will be communicated to the Agency.
B, Overview
The purpose of this Agreement is to establish guidelines between the parties, allowing the
Agency's personnel to use the Department's firing ranges, training buildings, and obstacle
courses for firearms qualification and training.
C. Responsibilities of the Department
The Warden will coordinate scheduling and security requirements with the Agency's
representative for the Agency to use the Institution's firing ranges, training buildings, and
obstacle courses.
2. If the training sessions are canceled by the Department, the Warden at the Institution will
ensure that a cancellation notice is provided with 24 hours advance notice.
D. Responsibilities of the Agency
1. The Agency shall only use the Institution's firing range and training building under the
conditions and for the purposes of this Agreement.
2. The Agency assumes all liability for its personnel and activity participants while on the
Department's premises. Attachment A, DEPARTMENT OF CORRECTIONS
RELEASE OF LIABILITY, shall be completed by all of the Agency's participants, prior
to utilizing the Department's facilities.
3. When using the Institution's firing range(s), the Agency shall ensure an Agency -trained
Certified Range Master is present at all times, and the appropriate ratio of Certified
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Firearms Instructors to participants is met in accordance with FDLE's Criminal Justice
Standards and Training Commission requirements.
4. The Agency shall oversee and operate each firearms qualification session it holds at the
Institution's facilities and is solely responsible for supervising and instructing all
participants in attendance.
5. The Agency shall ensure that no participant utilizing the Institution'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 a
minimum of 10 business days in advance of any scheduled firearms qualification session
or training. The Agency shall notify the Warden upon completion of each session.
8. The Agency understands that proper security of the Institution's facilities is a priority and
shall conduct all firearms qualification sessions using standard firearm safety protocols,
and other emergency team protocols, as applicable.
9. The Agency shall ensure that participants in every firearms qualification session abide by
any rules posted on the Institution's property and grounds.
10. The Agency shall provide all materials and supplies (e.g., weapons, ammunition, etc.)
used in its firearms qualification sessions or other emergency team training.
11. The Agency shall clean the firing ranges and training buildings (e.g., pick-up of dispensed
shells and cartridges, trash, etc.) after every use.
12, The Agency shall ensure all weapons brought onto the Institution's property are secured
at all times when not in use and are utilized in a manner that ensures the security and safety
of all participants and Department personnel.
13. The Agency's Certified Range Master shall complete any required Department forms,
including but not limited to the DC2-91 1, Range Master Report, and submit them to the
Warden within one (1) business day after each training session.
E. Regulations Govemiril, Use
Failure of the Agency or any of its personnel to comply with the terms of this Agreement may
result in the suspension of the use of the Institution's facilities.
III. FINANCIAL OBLIGATIONS
The parties acknowledge that this Agreement does not create financial obligations between the parties.
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.
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W
V.
AGREEMENT ##A5265
AGREEMENT MANAGEMENT
A.
1a
C.
Agreement Administrator
The title, address, and telephone number of the Agreement Administrator are:
Contract Administrator
Bureau of Procurement
Florida Department of Corrections
501 South Calhoun Street, Suite 328
Tallahassee, Florida 32399-2500
Telephone: (850) 717-9773
Agreement Managers
The parties have identified the following individuals as Agreement Managers.
FOR THE DEPARTMENT
Warden
Lake Correctional Institution
19225 U.S. Highway 27
Clermont, Florida 34715-9025
Telephone: (352) 394-6146
E-mail: l,akeC].WardenOffice@fdc.myflorida.com
FOR THE CLERMONT POLICE
DEPARTMENT
Charles L. Broadway
Chief of Police
3600 South Highway 27
Clermont, Florida 34711
Telephone: (352) 394-5588
E-mail: cbroadway@clermontfl.org
Warden's Designee for Scheduling of Firing Range and Training Buildings
Orlando Rodriguez, Training Sergeant
Lake Correctional Institution
19225 U.S. Highway 27
Clermont, Florida 34715-9025
Telephone: (352) 394-6146
Email: Oriando.Rodriguez@fdc.myflorida.com
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 for either party to agree to amend the Agreement terms.
Upon execution of this Agreement, with the exception of changes to Section IV. AGREEMENT
MANAGEMENT, modifications shall be valid only through execution of formal written amendment
to the Agreement. Any changes to the information contained in Section IV. AGREEMENT
MANAGEMENT, may be provided to the other party, in writing, and a copy of the written notification
shall be maintained in the official Agreement record.
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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' written 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' written notice by the Department or the
Agency for any failure of either party to comply with the terms of this Agreement or any applicable
Florida law.
VIL 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, 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. Sovereign lmmunity
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 serves as a waiver of
sovereign immunity by either party to which sovereign immunity may be applicable. Further,
nothing herein constitutes 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. Confidentialitn
The Agency shall ensure all staff assigned to this Agreement maintain 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., Department staff
telephone numbers, addresses, etc.) strictly confidential and shall not disclose said information
to any person, unless released in writing, by the Department.
D. Independent Contractor Status
The Agency shall be an independent contractor in the performance of its duties and
responsibilities under this Agreement. The Department will 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. This Agreement does not constitute a partnership or
a joint venture between the parties.
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E. Disputes
Any dispute arising from 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 Assistant
Deputy Secretary of Institutions shall decide the dispute, reduce the decision to writing, and
deliver a copy to the Agency, the Agreement Manager, and the 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
The Agency shall report any violations of the Prison Rape Elimination Act, Federal Rule 28
C.F.R. Part 115 to the Agreement Manager.
H. 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.
I. Institutional Securiv.
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".
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.
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.
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L. Cooperation with the Florida Senate and the Florida House of Representatives
In accordance with Section 287.058(7), F.S., 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
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AGREEMENT #A5265
IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed by their undersigned
officials as duly authorized.
AGENCY:
THE CLERMONT PO ICE DEI/'W1*NT
SIGNED
BY: /�
NAME: t= h QY les i� {� 7r_
TITLE: l �1. Q PC - Q A,
DATE: j�f ' - QQ
FEID# 5Q-- (,00J)10,a.q p
FLORIDA DEPARTMENT OF CORRECTIONS
SIGNED
BY:
NAME: J. 1yn Long
TITLE: Procurement Director
DATE: f( (1 [22-
Approved as to form and legality, subject
to execution.
SIGNED
BY:
NAME: Dororthy Bumsed
r�7A-Z- C�i 311 z'�'
TITLE: Deputv General Counsel
DATE: _ V21-2—
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AGREEMENT #A5265
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
and/or auspices of the State of Florida, Department of Corrections, _ _ , 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. 1 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 1 acknowledge mere
presence upon a firing range could be inherently dangerous.
4. 1 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. 1 SIGN THIS RELEASE FREELY AND
VOLUNTARILY WITHOUT ANY INDUCEMENT.
DC6-264 (Revised 1/12/22) Page 9 of 10
AGREEMENT #A5265
Attachment A
X Date Signed: Phone #:
PARTICIPANT'S SIGNATURE (or legal guardian, if minor)
PARTICIPANT'S PRINTED NAME
BUSINESS ADDRESS
CITY,
STATE ZIP CODE
Sworn to and Subscribed before me personally by , who after being duly swom
did state that he/she has read the above release and executes this release freely and voluntarily this
day of
Notary Public
Printed Name of Notary
My Commission Expires
Sea]
Identification by: check one (_ j 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
».uunz,aa
CITY, STATE ZIP
SIGNATURE OF PARENT OR GUARDLAN
DATE
DC6-264 (Revised 1/]2/22) Page 10 of 10