HomeMy WebLinkAboutAgreement_General_2/10/2022_Florida Department of Corrections AGREEMENT#A5132
MEMORANDUM OF AGREEMENT
BETWEEN
THE FLORIDA DEPARTMENT OF CORRECTIONS
AND
TEQUESTA POLICE DEPARTMENT
This Memorandum of Agreement ("Agreement") is between the Florida Department of Corrections
("Department")and the Tequesta Police Department("Agency"),which are the parties hereto.
WITNESSETH
WHEREAS, the Department is responsible for the inmates and for 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, each party operates under its own legal authorities, policies, and administration; each party's
obligations under this Agreement are thereby limited; and it is the responsibility of each party to interpret its
own authorities and policies,making decisions for themselves as required;
WHEREAS,the Martin Correctional Institution("Institution"),a facility of the Department,has firing ranges
available for use, training, and instruction regarding safe firearms handling and shooting, and may provide
availability for firearms qualification;
WHEREAS,the Department is willing to render assistance, upon request, to State and local law enforcement
agencies that may, occasionally, require use of the Department's firing ranges and training buildings to
provide firearms safety and firearms qualification testing and certification, 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 in the performance of their duties, which includes the authority to execute arrest warrants, serve
subpoenas, and to arrest upon probable cause, without warrant, any person found in the act of violating any
of the provisions of applicable laws;and
WHEREAS, these officers are required, for purposes of certification by the Florida Department of Law
Enforcement (FDLE) Criminal Justice Standards and Training Commission, to exhibit proficiency with
firearms,which requires fulfillment of certain skills and activities at a firing range.
NOW THEREFORE, subject to controlling law, rules, regulations, or to other governing policies and
procedures,and in consideration of the mutual promises expressed herein,the parties agree as follows:
1. AGREEMENT TERM AND RENEWAL
A. Agreement Term
This Agreement shall begin on February 1, 2022, or the date it is signed by both parties,
whichever is later, and shall end on January 31, 2027. In the event this Agreement is signed
by the parties on different dates,the latter date shall control.
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B. Agreement Renewal
The Department has the option to renew this Agreement, in whole or in part, for up to an
additional five (5) year period beyond the initial term, upon written agreement of both
parties, and upon the same terms and conditions contained herein. Exercise of a renewal
option is at the Department's exclusive option and shall be conditioned, at minimum, upon
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'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:
1. Agreement Administrator: The Department employee, or his/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.
2. Agreement Manager: The Department or Agency employee, or his/her designee, who
serves as liaison between each party and is responsible for performance oversight and
operational management of the Agreement.
3. Warden: The Department employee designated as responsible for supervising the
governance, discipline, and policy of their assigned correctional institution and to
enforce all orders and rules.
4. Training Sergeant: The Warden's designee responsible for the scheduling of the firing
range and training buildings.
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 or Training Sergeant 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.
D. Responsibilities of the Agency
1. The Agency shall only use the Department's firing ranges, training buildings, and
obstacle courses under the conditions and for the purposes of this Agreement.
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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 Department's firing range(s), the Agency shall ensure an Agency-
trained Certified Range Master is present at all times, and the appropriate ratio of range
masters 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
Department's facilities and is solely responsible for supervising and instructing all
participants in attendance.
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
Training Sergeant a minimum of 10 business days in advance of any scheduled firearms
qualification session or training. The Agency shall notify the Warden or Training
Sergeant upon completion of each session.
8. The Agency understands that proper security of the Department'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 Department's property and grounds.
10. The Agency shall provide all materials and supplies (e.g., weapons, ammunition, etc.)
used in the firearms qualification sessions or other emergency team trainings.
11. The Agency shall clean the firing ranges and training buildings (e.g., pick-up of
dispensed shells/cartridges,trash, etc.)after every use.
12. The Agency shall ensure all weapons brought onto the Department'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 report the number of participants, type of
ammunition, and number of rounds fired per firing lane to the Department's training
staff at the conclusion of usage each day. Alternatively, the Agency may provide this
information via email to the Warden's designated Training Sergeant within three (3)
business days of use.
E. Regulations Governing Use
Failure of the Agency, 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.
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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.
IV. AGREEMENT MANAGEMENT
A. 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
B. Aareement Mana ers
The parties have identified the following individuals as Agreement Managers.
FOR THE DEPARTMENT FOR THE AGENCY
Warden Gustavo Medina,Chief of Police
Martin Correctional Institution Tequesta Police Department
1150 S.W.Allapattah Road 357 Tequesta Drive
Indiantown,Florida 34956 Tequesta,Florida 33469
Telephone: (772)597-3705 Telephone: (561)768-0505
Email:MmtinCl.WardenOfficenae,fdc.myflorida.com Email: gmedina@teguesta.org
C. Warden's Designee for Scheduling;of Firing Range and Training Buildings
Training Sergeant
Martin Correctional Institution
1 150 S.W.Allapattah Road
Indiantown,Florida 34956
Telephone: (772)597-3705
Email:MartinCI.WardenOffice@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 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 a formal written
amendment to the Agreement. Any changes to the information contained in Section IV.
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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.
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.
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, 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 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 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. 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., Department staff
telephone numbers, addresses, etc.) strictly confidential and shall not disclose said
information to any person,unless released in writing, by the Department.
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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.
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 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 Contract 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(PREA)
The Agency shall report any violations of the Prison Rape Elimination Act(PREA), 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 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
Attachment B,Security Requirements for Contractors(Department Form#DC6-264).
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.
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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
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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:
TEQUESTA POLICE DEPARTMENT
SIGNF�D; ~�
BY:
NAME: James G McGrew
TITLE: Assistant Chief of Police
DATE: January 13, 2022
FEIN: 59-6044081
FLORIDA DEPARTMENT OF CORRECTIONS Approved as to form and legality,subject to
execution.
SIGNED SIGNED
BY: u/ BY:
NAME: Trueby K. Bodiford NAME: Dorothy M. Burnsed
6-K,1� !,1' ?1A
TITLE: Procurement Director TITLE: Deputy General Counsel
DATE: - -7 DATE: Il!
lyloZ�
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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 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. 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, oi•any other purpose as
I 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. I SIGN THIS RELEASE FREELY AND
VOLUNTARILY WITHOUT ANY INDUCEMENT.
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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 sworn
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 U 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.
U
NAME PHONE
ADDRESS
CITY, STATE ZIP
SIGNATURE OF PARENT OR GUARDIAN
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Attachment B
Firm Representing:
Name of EmployeeNendor:
(Print)
FLORIDA DEPARTMENT OF CORRECTIONS
SECURITY REQUIREMENTS FOR CONTRACTORS
(1) Section 944.47, F.S.: Except through regular channels as authorized by the officer-in-charge of the
correctional institution, 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 therefrom any of the following
articles,which are hereby declared to be contraband.
(a) Any written or recorded communication or any currency or coin given or transmitted, or
intended to be given or transmitted,to any inmate of any State correctional institution.
(b) Any article of food or clothing given or transmitted, or intended to be given or transmitted, to
any inmate of any State correctional institution.
(c) Any intoxicating beverage or beverage which causes or may cause an intoxicating effect.
(d) Any controlled substance or any prescription or nonprescription drug having a hypnotic,
stimulating or depressing effect. Controlled substances are listed in section 893.03,F.S.
(e) Any firearm or weapon of any kind or any explosive substance. (This includes any weapons
left in vehicles)
(f) Any cellular telephone or other portable communication device intentionally and unlawfully
introduced inside the secure perimeter of any State correctional institution without prior
authorization or consent from the officer in charge of such correctional institution.
A person who violates any provision of this section as it pertains to an article of contraband described
in subsections(a),(b),or(f) is guilty of a felony of the third degree. In all other cases,a violation of
a provision of this section constitutes a felony of the second degree.
(2) Do not leave keys in ignition locks 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) Keep all keys in your pockets.
(4) Confirm,with the Institutional Warden,where construction vehicles should be parked.
(5) Obtain formal identification (driver's license or non-driver's license obtained from the Department
of Highway Safety and Motor Vehicles). This identification must be presented each time you enter
or depart the institution.
(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
officer-in-charge.
DC6-264(Revised 9/18/20)
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Attachment B
(8) Strict tool control will be enforced at all times. Tools within the correctional institution are classified
as Class 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 or to a secure area as directed by security staff. You must have two
copies of the correct inventory with each tool box, one copy will be used and retained by security
staff who will search and ensure a proper inventory of tools each time the tool box is brought into the
facility,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 your job). All lost tools must be reported to the Chief of
Security(Colonel or Major) immediately. No inmate will be allowed to leave the area until the lost
tool is recovered.
(9) Prior approval must be obtained from the Chief of Security prior to bringing any powder-activated
tools onto the compound. Strict accountability of all powder loads and spent cartridges is required.
(10) All construction materials will be delivered into the compound on trucks entering through the
sallyport gate. As the security check of vehicles is an intensive and time consuming(10-15 minutes)
process,the contractor is requested to minimize the number of deliveries.
(11)Establish materials storage and working areas with the Warden and/or Chief of Security.
(12) Control end-of-day construction materials and debris. Construction materials and debris can be used
as weapons or as a means of escape. Construction material will be stored in locations agreed to by
security staff and debris will be removed to a designated location. Arrange for security staff to
inspect the project area before construction personnel leave. This will aid you in assuring that
necessary security measures are accomplished.
(13)Coordinate with the Warden and Chief of Security regarding any shutdown of existing systems(gas,
water,electricity, electronics, sewage, etc.). Obtain institutional approval prior to shutting down any
existing utility system. Arrange for alternative service(if required)and expeditious re-establishment
of the shutdown system.
(14)With the intent of maintaining security upon the institution's grounds, a background check will be
made upon all persons employed by the contractor or who work on the project. The Department,
represented by institution's Warden, reserves the right to reject any person whom it
determines may be a threat to the security of the institution.
Signature of Employee/Vendor
Date Signature of Staff Witness
DC6-264(Revised 9/18/20)
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