HomeMy WebLinkAboutAgreement_General_02/01/2011 Memorandum of Agreement # A2412
MEMORANDUM OF AGREEMENT
BY AND BETWEEN
THE FLORIDA DEPARTMENT OF CORRECTIONS
AND
TEQUESTA POLICE DEPARTMENT
FOR
FIRING RANGE USE
PARTIES TO THIS MEMORANDUM OF AGREEMENT
This Memorandum of Agreement ( "Agreement ") is between the Tequesta Police Department ( "Agency ")
and the Florida Department of Corrections ( "Department "), which are the parties hereto.
WHEREAS, Martin Correctional Institution ( "MCP'), a facility of the Department, has a firing range to
certify officers and students for safe firearms handling and shooting;
WHEREAS, the Department wishes to render assistance at MCI upon request to state and local law
enforcement agencies who may from time to time require use of the Department's firing range and
training building 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, the Department and the Agency, through their undersigned agents, agree as follows:
I. TERM OF AGREEMENT
This Agreement shall begin on February 1, 2011, or the date on which it is signed by both parties,
whichever is later, and shall end at midnight on January 31, 2014. In the event this Agreement is
signed by the parties on different dates, the latter date shall control.
H. SCOPE OF AGREEMENT
The Department and the Agency agree to carry out their respective duties and responsibilities outlined
below, subject to controlling law, policy(ies) and/or procedures, and in consideration of the mutual
interests and understandings expressed herein.
A. Overview
The purpose of this Memorandum of Agreement is to establish guidelines between the parties to
allow the 'Agency's certified instructors and law enforcement officers to use the Department's
firing range and training building located at MCI for firearms qualification and training.
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Memorandum of Agreement # A2412
B. Responsibilities of the Department
The Department will perform the following duties at MCI in support of this Agreement:
The Warden or his/her designee will be available to coordinate scheduling and security
requirements with the Agency representative for each use by the Agency of the MCI firing range
and training building.
C. Responsibilities of the Agency
The Agency shall perform the following duties in support of this Agreement:
1. The Agency shall only use the firing range and training building under the conditions and for
the purposes of this Agreement as stated herein.
2. The Agency assumes all liability of their certified instructors, law enforcement officers or
other Agency personnel involved or associated with the Agency, while using the firing range
and/or training building. However, nothing herein shall constitute a waiver by either party of
sovereign immunity or statutory limitations on liability.
3. At all times that the range is utilized by the Agency, the Agency shall ensure that a certified
range master is present and the appropriate ratio of range officers to students on the range is
met in accordance with the Florida Department of Law Enforcement Criminal Justice
Standards and Training Commission requirements.
4. The Agency shall be responsible for the oversight and operation of each firearms
qualification session and is solely responsible for supervising and instructing all Agency law
enforcement officers or other Agency staff utilizing the firing range and/or training building.
5. The Agency shall ensure that no Agency participant on the firing range, in the training building or
adjacent Department property is a convicted felon.
6. The Agency is solely responsible for determining who is eligible to use the firing range and
shall ensure that only Agency employees, qualified to seek firearm certification, use the firing
range.
7. The Agency shall request the use of the firing range and training building from the MCI's
Warden or his/her designee a minimum of ten days in advance of any scheduled firearms
qualification session and/or training.
8. The Agency shall notify the MCI's Warden or his/her designee upon completion of the
training session.
9. The Agency understands that proper security of the firing range and training building is a
priority and will conduct all firearm qualification sessions using appropriate firearm safety
protocols.
10. The Agency shall ensure that all Agency law enforcement officers or other Agency staff in
each and every firearms qualification session will abide by any posted rules at the firing range
and/or training building, where applicable.
11. The Agency is responsible for all materials and supplies (e.g., weapons, ammunition, etc.)
used in the firearm qualification sessions.
12. The Agency is responsible for cleaning the firing range and training building (e.g., pick -up of
dispensed shells /cartridges, trash, etc.) after each and every firearms qualification session and
training session.
13. The Agency shall be responsible for ensuring that all weapons brought onto Department
property, including but not limited to the firing range and training building, are secured at all
times when not in use and utilized in a manner that will ensure the security and safety of all
Agency law enforcement officers or other Agency staff, qualified to seek firearm
certification, as well as institutional personnel.
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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 suspension of the use of the Department's firing ranges and training buildings.
M. FINANCIAL OBLIGATIONS
The Department and the Agency acknowledge that this Agreement is not intended to create financial
obligations as 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 Chief, Bureau of Procurement and Supply, is designated Agreement Administrator for the
Department and is responsible for maintaining the official Agreement file, processing any
amendments or termination of the Agreement and for maintaining records of all formal
correspondence between the Department and Agency regarding administration of the Agreement.
The name, address and telephone number of the Department's Agreement Administrator is:
Chief, Bureau of Procurement and Supply
Department of Corrections
2601 Blair Stone Road
Tallahassee, Florida 32399 -2500
(850) 488 -6671 (telephone)
(850) 922 -8897 (facsimile)
B. 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 Agreement Managers regarding issues arising out of this Memorandum of Agreement.
OR THE DEPARTMENT FOR THE TEQUESTA POLICE DEPARTMENT
T homas Reid Pete Pitocchelli
W arden, Martin Correctional Institution Lieutenant
1150 Southwest Alla attah Road 357 Te uesta Drive
diantown, Florida 34956 a uesta, Florida 33469
772 597 -3705 (telephone) 561 768 -0500 (telephone
772) 597 -3742 (facsimile) 561) 768 -0695 (facsimile)
r eid.thomas@Mail.dc.state.fl.us itocchelli to uesta.or
C. Warden's Designee for the Department at Firing Range Location
OR THE DEPARTMENT — SCHEDULING OF FIRING RANGE AND TRAINING BUILDING
CI Training Sergeant
772) 597 -3705 (telephone)
I
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V. REVIEW AND MODIFICATION
A. Upon request of either party, both parties will review this Agreement annually 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.
B. 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.
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 thirty (30) calendar days notice. Notice shall be delivered by
certified mail (return receipt requested).
VII. OTHER CONDITIONS
A. Institutional Security
In carrying out the provisions of this Agreement, the Agency must comply with the security
procedures established for vendors doing business in Department of Corrections' facilities as
contained in Department Procedure 602.016, "Entering and Exiting Department of Corrections
Institutions ".
B. 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 Agency are independent contractors under this
Agreement and neither is the employee of the other for all .purposes, including, but not limited 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.
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.
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Memorandum of Agreement # A2412
IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed by their undersigned
officials as duly authorized.
TEQUESTA POLICE DEPARTMENT
SIGNED Approved as to form and legality, subject
BY: to executi
NAME: SIGNED
.s . / cC- / 990/ BY:
TITLE: 014 O/= v.C c r _ G-
NAT:
DATE: Oz- /y - // DATE:
DEPARTMENT OF CORRECTIONS
Approved as to form and legality, subject
to execution:
SIGNED SIGNED
BY: BY:
NAME: Edwin G. Buss NAME:
TITLE: Secretary TITLE: General Counsel
Department of Corrections Department of Corrections
DATE: taz I I DATE: 4�4 `
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