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HomeMy WebLinkAboutAgreement_General_02/01/2008FLORIDA DEPARTMENT of CORRECTIONS An Equal Oppor/nnity Employer Governor CHARLIE CRIST Secretary WALTER A. McNE1L 2601 Blair Stone Road • Tallahassee, FL 32399-2500 March 3, 2008 Lieutenant James Pike Tequesta Police Department 357 Tequesta Drive Tequesta, Florida 33469 Telephone: (561) 575-6210 RE: Memorandum of Agreement #A1677 Dear Lieutenant Pike: httpJ/www.dc.state.fl.u s Enclosed is your fully executed copy of Agreement #A1677 between the Department of Corrections and the Tequesta Police Department to ensure the safe and efficient use of the Department's Firing Range located at Martin Correctional Institution. The effective date of this agreement is February 28, 2008. As a reminder, please be advised: to include the Memorandum of Agreement #(A1677) on all correspondence; that changes to the scope of services cannot be made except through a formal Agreement amendment, executed all parties, and issued by this office; and that services may not be provided after the expiration date unless the Agreement has been extended or renewed. If there are any questions, please call me at (850) 410-4206 or Gail Hillhouse at (850) 410-4037. Sincerely, ~~Y-~ Randy K. Chapman Government Operations Consultant I Contractual Services Section Bureau of ~rocul'ement and Supply Enclgs„1.1r~ Memorandum of Agreement # A1677 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 ("MCI"), a facility of the Department, has a firing range to certify officers and students for safe firearms handling and shooting; WHEREAS, the Department through the MCI wishes to render assistance upon request to state and local law enforcement agencies who may from time to time require use of the Department's firing range 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: L TERM OF AGREEMENT This Agreement shall begin on February 1, 2008, or the date on which it is signed by both parties, whichever is later, and shall end at midnight on January 3l, 2011. In the event this Agreement is signed by the parties on different dates, the latter date shall control. IL 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 located at MCI for firearms qualification. MOA Firing Ranges_LEO (Revised_l0_1 l_07) r Memorandum of Agreement # A1677 B. Responsibilities of the Department The Department, through the MCI, will perform the following duties in support of this Agreement: 1. The Department will ensure that the training sergeant, or its designee at MCI will coordinate scheduling and security requirements with the Agency representative for each use by the Agency of the MCI firing range. C. Responsibilities of the Agency The Agency shall perform the following duties in support of this Agreement: 1. The Agency may only use the MCI firing range for the purposes of this Agreement. 2. The Agency assumes all liability of their certified instructors, law enforcement officers or other agency staff, involved or associated with the Agency, while using the MCI firing range. 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 the firearms qualification session and is solely responsible for supervising and instructing all Agency law enforcement officers or other agency staff utilizing the MCI firing range. 5. The Agency shall ensure that no Agency participant on the MCI firing range or adjacent Department property is a convicted felon. 6. The Agency is solely responsible for determining who is eligible to use the MCI firing range and shall ensure that only Agency employees use the MCI firing range. 7. The Agency shall request the use of the MCI firing range from the Warden, or his designated agent, a minimum of ten days in advance of any scheduled firearms qualification session. 8. The Agency understands that proper security of the MCI firing range is a priority and will conduct the firearms qualification session using appropriate firearm safety protocols. 9. The Agency shall ensure that all Agency law enforcement officers or other agency staff in the firearms qualification session will abide by any posted rules at the MCI firing range, where applicable. 10. The Agency is responsible for all materials and supplies (e.g., weapons, ammunition, etc.) used in the firearms qualification session. 11. The Agency is responsible for cleaning the MCI firing range (e.g., pick-up of dispensed shells/cartridges, etc.) after each firearms qualification session unless otherwise directed by the Warden at MCI. 12. The Agency shall be responsible for ensuring that all weapons brought onto Department property, including but not limited to the MCI firing range, in conjunction with the firearms qualification session 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, as well as institutional personnel. 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. MOA Firing Ranges_LEO (Revised_t o_l 1_07) Page 2 of 5 Memorandum of Agreement # A1677 III. 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: Lisa M. Bassett, Chief Bureau of Procurement and Supply Department of Corrections 2601 Blair Stone Road Tallahassee, Florida 32399-2500 (850) 488-6671 (telephone) (850) 922-5330 (facsimile) Bassett.lisa(a~mail.dc.state.fl.us 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 OR THE TEQUESTA POLICE DEPARTMENT owell Skipper ames Pike Warden, Martin Correctional Institution ieutenant 1150 Southwest Alla attah Road 357 Tequesta Drive Indiantown, Florida 34956 Tequesta, Florida 33469 (772) 597-3705 (tele hone) (561) 575-6210 (tele hone) (772) 597-3742 (facsimile) (561) 575-6218 (facsimile) Powell.Ski er mail.dc.state.fl.us ike to uesta.or C. Department Representative at Firing Range Location FOR THE DEPARTMENT -SCHEDULING OF MCI FIRING RANGE MCI Training Sergeant (772) 597-3705 (telephone) 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 MOA Firing Ranges_LEO (Revised 10_11_07) Page 3 of 5 Memorandum of Agreement # A 1677 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. VL 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. MOA Firing Ranges_LEO (Revised_10_1 l 07) Page 4 of 5 f. Memorandum of Agreement # A 1677 IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed by their undersigned officials as duly authorized. TEQUESTA POLICE DEPARTMENT SIGNED NAME: ~~,~~~-~:~~_~ ~' ~ •1.~~''z ~_~, ~ ~:- BYNED TITLE: ~~. ~~L~r~~f~ G~~~•~G~. ~ ~~ ~~, NAME: DATE: ~... ~ ~-' ~ ~Z ~''C~' ~, • ~ DATE: DEPARTMENT OF CORRECTIONS .~ SIGNED BY: \ NAME: Walter A. McNeil TITLE: Secretary Department of Corrections DATE: 2-~ Approved as to form and legality, subject to execution: .. ~'_ag Approved as to form and legality, subject to execution: SIGNED ~/ BY: ,~c.-,~J mss,- /~~a-c._~ NAME:V~Kathleen Von Hoene TITLE: General Counsel Department of Corrections DATE: ~ ll ~ ~ MOA Firing Ranges_LEO (Revised_10_l 1_07) Page 5 of 5