CN-700000-A2707.pdf

Memorandum of Agreement # A2707

MEMORANDUM OF AGREEMENT

CANINE TRACKING UNIT

BY AND BETWEEN

THE FLORIDA DEPARTMENT OF CORRECTIONS

AND

PERRY POLICE DEPARTMENT

PARTIES TO THIS MEMORANDUM OF AGREEMENT

This Memorandum of Agreement (“Agreement”) is between the Florida Department of Corrections (“Department”) and Perry Police Department (“Participating Entity”), which are the parties hereto.

WHEREAS, Taylor 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 January 9, 2012, or the date on which it is signed by both parties, and shall end at midnight January 8, 2015. In the event this Agreement is signed by the parties on different dates, the latter date shall control.

II. 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 unit 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

MOA Canine_(Revised_09.12.11)

Department rules and procedures. However, the Department’s ability to provide the assistance of the Institution’s canine tracking unit may be subject to operational constraints.

Therefore, this Agreement does not imply or create any liability if the Department is unable to provide such assistance.

2. Upon request of the Participating Entity, authorization 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.

III. 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.

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 PERRY POLICE DEPARTMENT

Scott Crews Vern Clark Warden, Taylor Correctional Institution Chief of Police 8501 Hampton Springs Road 211 S. Washington Street Perry, Florida 32348 Perry, Florida 32347

(850) 838-4021 (telephone) (850) 584-5121 (telephone)

(850) 838-4024 (fax) (850) 584-7322 (fax) crews.scott@mail.dc.state.fl.us (e-mail) perrypd@flcjn.net (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 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).

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.

MOA Canine_(Revised_09.12.11) mailto:crews.scott@mail.dc.state.fl.us mailto:perrypd@flcjn.net

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 768.28, 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.

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.