"Memorandum of Agreement Between the Florida Department of Juvenile Justice and Provider" - Florida

Memorandum of Agreement Between the Florida Department of Juvenile Justice and Provider is a legal document that was released by the Florida Department of Juvenile Justice - a government authority operating within Florida.

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MEMORANDUM OF AGREEMENT
BETWEEN
THE FLORIDA DEPARTMENT OF JUVENILE JUSTICE
AND
Enter Provider Name
PARTIES TO THIS MEMORANDUM OF AGREEMENT
This Memorandum of Agreement (“Agreement”) is between
,
(“Provider”), and the Florida Department of Juvenile Justice (“Department”), which are the
Enter Provider Name
parties hereto.
Any employee of the Provider who will be a trainer pursuant to this Agreement is referred
to herein as (“Trainer”)
Whereas the Department wishes to maintain high standards of data timeliness, quality
PURPOSE
and availability, and the Provider wishes to have a member of its staff train employees in
the use of the Department’s Juvenile Justice Information System (JJIS), the parties enter
into this Agreement for the purpose of establishing guidelines and parameters to facilitate
effective training and the timely, accurate, and high quality entry of data, for the mutual
benefit of both organizations.
TERM OF AGREEMENT
This Agreement shall begin on the date on which it is signed by both parties, and shall end
I.
three years later.
SCOPE OF AGREEMENT
The Department and Provider agree to carry out their respective duties and
II.
responsibilities outlined below, subject to controlling law, policy(ies) and/or procedures,
and in consideration of the mutual interests and understanding expressed herein.
A. General Conditions
1. The Provider agrees to assure all employees who will have access to the JJIS are trained
by a Department approved trainer in accord with the most current standards,
processes, and curriculum provided by the Department;
2. Trainers must be prequalified, trained and approved by the Department prior to
delivering any Department related training to ensure they are proficient in the areas
they are going to train;
3. The Provider agrees to provide the Trainer with the resources and time required for the
Trainer to be in compliance with the Trainer’s agreement with the Department, to keep
JJIS Provider, Trainer, DJJ Agreement
Page 1 of 3
_____________________________________________
MEMORANDUM OF AGREEMENT
BETWEEN
THE FLORIDA DEPARTMENT OF JUVENILE JUSTICE
AND
Enter Provider Name
PARTIES TO THIS MEMORANDUM OF AGREEMENT
This Memorandum of Agreement (“Agreement”) is between
,
(“Provider”), and the Florida Department of Juvenile Justice (“Department”), which are the
Enter Provider Name
parties hereto.
Any employee of the Provider who will be a trainer pursuant to this Agreement is referred
to herein as (“Trainer”)
Whereas the Department wishes to maintain high standards of data timeliness, quality
PURPOSE
and availability, and the Provider wishes to have a member of its staff train employees in
the use of the Department’s Juvenile Justice Information System (JJIS), the parties enter
into this Agreement for the purpose of establishing guidelines and parameters to facilitate
effective training and the timely, accurate, and high quality entry of data, for the mutual
benefit of both organizations.
TERM OF AGREEMENT
This Agreement shall begin on the date on which it is signed by both parties, and shall end
I.
three years later.
SCOPE OF AGREEMENT
The Department and Provider agree to carry out their respective duties and
II.
responsibilities outlined below, subject to controlling law, policy(ies) and/or procedures,
and in consideration of the mutual interests and understanding expressed herein.
A. General Conditions
1. The Provider agrees to assure all employees who will have access to the JJIS are trained
by a Department approved trainer in accord with the most current standards,
processes, and curriculum provided by the Department;
2. Trainers must be prequalified, trained and approved by the Department prior to
delivering any Department related training to ensure they are proficient in the areas
they are going to train;
3. The Provider agrees to provide the Trainer with the resources and time required for the
Trainer to be in compliance with the Trainer’s agreement with the Department, to keep
JJIS Provider, Trainer, DJJ Agreement
Page 1 of 3
_____________________________________________
current in knowledge about JJIS and to participate in Department meetings, conference
calls, training and other activities the Department requires of Trainers;
4. The provider agrees to provide the Trainer with the resources and time required to
train all employees who will have access to JJIS in accord with the most current
standards, processes, and curriculum provided by the Department;
5. The Provider agrees to support the Trainer’s efforts to follow the Department’s training
curriculum completely and thoroughly without modification;
6. The Provider agrees to provide the Department with the names and training results for
each class within 5 days after it is taught;
7. The Provider agrees to provide the Department feedback annually on Trainer
performance, including a summary of student feedback;
8. The Provider agrees the Department has the right to observe teaching without advance
notice;
9. The Provider agrees that the Trainer will only provide JJIS training when permitted by
the Department. The Department may withdraw permission for the Trainer to provide
this training without prior notice. Any withdrawal of permission to provide training on
JJIS will be provided in writing;
10. Upon the expiration or termination of this agreement the Provider and Trainer will
cease providing JJIS training;
11. The Provider agrees to notify the Department within 5 days of the Trainer leaving the
Provider’s employment.
12. The parties agree to ensure that information obtained through the JJIS and this
Agreement is disseminated only to appropriate juvenile justice program personnel,
carries an appropriate warning regarding the reliability, confidentiality and control of
further dissemination and is used for official purposes only. The parties agree to
participate in the investigation and resolution of any incidents related to this
Agreement;
13. The parties agree that all juvenile offender files and related information will be
processed and maintained in accordance with applicable federal, State of Florida, and
local confidentiality policies. The parties acknowledge their separate obligations to
perform this Agreement in compliance with the requirements of the Public Records
Law, Chapter 119, Florida Statutes and with other applicable statutes that constitute
express exceptions to the requirements of Section 119.07(1), Florida Statutes, by
making certain categories of records confidential, exempt from disclosure, or accessible
as prescribed by statute, see Section 985.04, Florida Statutes. The parties acknowledge
that the data exchanged pursuant to this Agreement have been provided for official
purposes and that public access to such data is limited and prescribed by statute. The
parties therefore agree, to the extent allowed by the Public Records Law, to refer third
parties requesting limited-access to the shared data to the originating agency for the
purposes of ensuring the most complete, accurate and timely delivery of information to
the requesting party. All parties agree to disseminate data only in compliance with
confidentiality restrictions and in recognition of that exemption from disclosure
provided by law;
14. The parties agree that this Agreement, or any right or interest under this Agreement,
shall not be assigned, nor shall any work or obligation to be performed under this
Agreement (an "assignment") be delegated, voluntarily, by operation of law or
JJIS Provider, Trainer, DJJ Agreement
Page 2 of 3
_____________________________________________
otherwise, without the Department’s prior written consent. Any attempted assignment
in contravention of this Section shall be void and ineffective. The terms of this
Agreement shall be binding upon and inure to the benefit of and be enforceable by the
permitted respective successors and assigns of the parties hereto;
15. The parties agree that this Agreement shall be governed by and construed in
accordance with the laws of the State of Florida, without regards to conflicts of laws
principles;
16. The parties agree that this Agreement expresses the full and complete understanding of
the parties with respect to the subject matter hereof and supersedes all prior or
contemporaneous proposals, agreements, representations and understandings,
whether written or oral, with respect to the subject matter. This Agreement may not be
modified or amended except by a writing that explicitly refers to the amendment of this
Agreement and that is signed by authorized representatives of both parties;
17. The parties agree that none of the provisions of this Agreement shall be deemed to have
been waived by any act, omission, or acquiescence on the part of the disclosing party
without a written instrument signed by the disclosing party. No waiver by a party of
any breach shall be effective unless in writing, and no waiver shall be construed as a
waiver of any succeeding breach, whether or not of the same or a different term or
condition; and
18. The parties agree that this non-financial Agreement is entered into in a spirit of
cooperation by the parties beginning on the date on which it is signed by all parties and
remains in effect for a period of three (3) years, at which time the parties may review
and execute a renewed agreement. Notwithstanding the 3 year term of this Agreement,
the Provider may terminate this Agreement with 30 days written notice to the
Department. The Department reserves the right to terminate this agreement at any
time upon written notice to the Provider. All confidentiality and use restrictions shall
survive any termination or expiration of this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed on the
day and year written below.
_____________________________________
_____________________________
Date
Director of Research and Data Integrity
Mark A. Greenwald, M.J.P.M
Florida Department of Juvenile Justice
____________________________________
_
_____________________________
Date
Enter Provider Name
JJIS Provider, Trainer, DJJ Agreement
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_____________________________________________
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