2012-21 Memorandum of Agreement # A2771
MEMORANDUM OF AGREEMENT
CANINE TRACKING UNIT
BY AND BETWEEN
THE FLORIDA DEPARTMENT OF CORRECTIONS
AND
CLERMONT POLICE DEPARTMENT
PARTIES TO THIS MEMORANDUM OF AGREEMENT
This Memorandum of Agreement ( "Agreement ") is between the Florida Department of Corrections
( "Department") and the Clermont Police Department ( "Participating Entity"), which are the parties hereto.
WHEREAS, Lake Correctional Institution, ( "Institution "), a facility of the Department, has a canine tracking
unit used for apprehending escaped offenders;
WHEREAS, the Department wishes to render the assistance of the Institution's canine tracking unit, upon
request, to state agencies and local law enforcement agencies that may from time to time require assistance in
the apprehension of escaped offenders, missing or endangered persons, to the extent that it is lawfully able to
do so without impeding its primary mission; and,
WHEREAS, the Participating Entity has requested assistance be available upon their determination of need.
THEREFORE, the parties agree as follows:
I. TERM OF AGREEMENT
This Agreement shall begin on April 10, 2012, or the date on which it is signed by both parties, and shall
end at midnight April 9, 2015. 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 Participating Entity 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 parties shall work together to maximize the efficiency of the administration of the canine
tracking by facilitating the exchange of information between the parties in recapturing efforts
and utilizing a team problem - solving approach, to address the issues facing their respective
offices.
B. Responsibilities of the Department
The Department through the Institution's canine tracking unit will perform the following duties in
support of this Agreement:
1. The Institution will endeavor to provide the assistance of the Institution's canine tracking unit
whenever requested to do so by the Participating Entity in accordance with applicable
Department rules and procedures. However, the Department's ability to provide the
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assistance of the Institution's canine tracking unit may be subject to operational constraints.
Therefore, this Agreement does no t imply or create any liability if the Department is unable
to provide such assistance.
2. _ Upon request of the Participating Entity, authonzation to provide assistance will be approved
by the Institutional Warden, Duty Warden or Chief of Security.
3. The Chief of Security at the Institution will be responsible for the selection of the canine
tracking unit; which will consist of the canine sergeant and two (2) additional correctional
officers.
C. Responsibilities of the Participating Entity
The Participating Entity shall perform the following duties in support of this Agreement:
1. The Participating Entity agrees, when making a request for assistance, that the supervising
authority of the Participating Entity shall provide the Warden of the Institution (or her/his
designee) with information concerning the level of risk that will be involved in the search
(e.g., whether the tracked person is armed, has a history of violence, or has a history of
mental disorder that could cause confrontational behavior).
2. Canine assistance can be provided to the Participating Entity if the head of the requesting
Participating Entity provides the Warden of the 'Institution or her/his designee with a request
for assistance of the canine tracking unit. This Agreement for the Canine Tracking Unit will
need to be executed to obtain the requested assistance.
3. The Participating Entity, when requesting assistance, must provide a certified law
enforcement officer to accompany the canine tracking unit, when the purpose of the search is
the apprehension of an offender or escapee.
D. Regulations Governing Use
Failure of the Participating Entity and/or any of its personnel to comply with the terms of this
Agreement, may result in suspension of the use of the Institution's canine tracking unit.
111 FINANCIAL OBLIGATIONS
The Department and the Participating Entity 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.
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Memorandum of Agreement # A2771
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 Participating Entity 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
Mailing Address:
501 South Calhoun Street
Tallahassee, Florida 32399 -2500
Physical Address:
4070 Esplanade Way
Tallahassee, Florida 32311
(850) 717 -3700 (telephone)
(850) 488 -7189 (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.
FOR THE DEPARTMENT FOR THE CLERMONT POLICE DEPARTMENT
Jennifer Folsom Stephen Graham
Warden, Lake Correctional Institution Chief of Police
19225 US Highway 27 865 W. Montrose Street
Clermont, Florida 34715 Clermont, Florida 34711
(352) 394 -6146 (telephone) (352) 394 -5588 (telephone)
(352) 394 -3504 (fax) (352) 394 -1644 (fax)
folsomjennifer@mail.dc.state.fl.us (e -mail) sgraham @clermontfl.org (e -mail)
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
teams 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.
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Memorandum of Agreement # A2771
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).
In addition, this Agreement may be terminated with 24 hours notice by the Department for any failure
of the Participating Entity to comply with the terms of this Agreement or any applicable Florida law.
VII. OTHER CONDITIONS
A. Waiver and Assumption of Risk
The Department and the Participating Entity are state agencies or political subdivisions as defined
in Section 768.28, Florida Statutes, and agree to be fully responsible for acts and omissions of
their own agents or employees to the extent permitted by law. Nothing herein is intended to serve
as a waiver of sovereign immunity by either party to which sovereign immunity may be
applicable. Further, nothing herein shall be construed as 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 or any other contract.
B. Insurance
The Participating Entity agrees to provide adequate insurance coverage on a comprehensive basis and
to hold such insurance at all times during the existence of this Agreement. The Participating Entity
accepts full responsibility for identifying and determining the type(s) and extent of insurance
necessary to provide reasonable financial protection for the Participating Entity and the Department
under this Agreement. Upon the execution of this Agreement, the Participating Entity shall furnish
the Agreement Manager written verification of such insurance coverage. Such coverage may be
provided by a self - insurance program established and operating under the laws of the State of Florida
The Department reserves the right to require additional insurance where appropriate.
If the Agency is a state agency or subdivision as defined in Section 768.28, Florida Statutes, the
Agency shall furnish the Department, upon request, written verification of liability protection in
accordance with Section 768.28, Florida Statutes. Nothing herein shall be construed to extend any
party's liability beyond that provided -in Section 76828, Florida Statutes.
C. 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 Participating Entity 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.
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Memorandum of Agreement # A2771
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.
VIII. MATTERS BEYOND THE CONTROL OF THE DEPARTMENT AND THE
PARTICIPATING ENTITY
Neither the Department nor Participating Entity shall be responsible for any failure or delay in
performance hereunder due to circumstances beyond their reasonable control including, without
limitation, Acts of God, accidents, mechanical power failures, unavailability of funds or resources,
acts, omissions and defaults of third parties and official, governmental and judicial action beyond
their control. In the event of occurrences, which require the implementation of a Disaster Recovery
Plan or similar emergency management plan, the parties shall use their best efforts to provide a level
of service consistent with this Agreement.
IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed by their undersigned
officials as duly authorized.
CLERMONT POLICE DEPARTMENT
SIGNED �.��/ ../1
BY: ��.!
map- r -
NAME: Stephen Graham
TITLE: Chief of Police
DATE: ^ �'
DEPARTMENT OF CORRECTIONS Approved as to form and legality, subject
to execution.
SIGNED SIGNED
BY: ,� BY: /-0 klitt �:d t
yna.. -k. Tai t ., -/' /
NAME: Kenneth S. Tucker NAME: Jennifer A. Parker
TITLE: Secretary TITLE: General Counsel
Department of Corrections Department of Corrections
DATE: JIS/IL DATE:
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