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HomeMy WebLinkAboutFlorida Department of Corrections Memorandum of (Agreement #A5293) - 2022 11 16 AGREEMENT#A5293 MEMORANDUM OF AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF CORRECTIONS AND WINTER SPRINGS POLICE DEPARTMENT This Memorandum of Agreement is between the Florida Department of Corrections("Department") and the Winter Springs Police Department ("Agency"), located in Seminole County, Florida, which are the parties hereto. WITNESSETH WHEREAS, the Department is responsible for the inmates and the operation of and supervisory and protective care, custody, and control of all buildings,grounds,property, and matters connected with the correctional system in accordance with Section 945.04,Florida Statutes(F.S.); WHEREAS, the Department and the Agency are governmental offices entering into this Agreement in Region 3,Circuit 18; WHEREAS,the Department and the Agency agree that there is a major law enforcement problem relating to criminal activity in Seminole County,Florida; WHEREAS, the Department and Agency agree that an intelligence-led, data-driven, multi-agency response will greatly enhance the effectiveness in countering crime and criminal activity in Seminole County; WHEREAS, the Department and Agency agree that reentry programs and assistance to offenders and probationers are an appropriate use of resources and will enhance fighting crime and reduce criminal activity, WHEREAS,the Department and Agency share the common goal of promoting public safety in Seminole County by reducing crime and recidivism among offenders under community supervision through the efficient administration of policing and correctional services;and WHEREAS, the Department and Agency believe that a coordinated response between those other partnerships will aid in the effectiveness of the Department and the Agency, as well as the efforts with those similar partnerships in other counties,in providing efficient policing and correctional services; WHEREAS,the Department and Agency understand that every effort will be made to schedule operations pertaining to this Agreement with similar partnerships; WHEREAS, the Department and Agency recognize that the efficient interaction of this partnership depends upon the efficient interaction of their respective agencies and the sharing of information and records regarding the efficient providing of policy and correctional services;and Page t of 9 AGREEMENT#A5293 WHEREAS, the Department and Agency will commit within the terms of this Agreement to a coordinated effort to provide policing and correctional services where each will benefit from the other's resources,abilities,and experience. THEREFORE, subject to controlling laws, rules, regulations, or other governing policies and/or procedures,and in consideration of the mutual interests and understandings expressed herein, the parties agree as follows: I. TERM OF AGREEMENT This Agreement shall begin on October 24,2022,or the date on which it is signed by both parties, whichever is later,and shall end at midnight on October 23,2027. In the event this Agreement is signed by the parties on different dates,the latter date shall control. The parties have the option to renew this Agreement,in whole or in part,for up to an additional five(5)years beyond the initial term, or portions thereof,upon written agreement of both parties, and upon the same terms and conditions contained herein. Exercise of a renewal option shall be conditioned, at minimum,upon the Agency's performance of the Agreement.The Department,if it desires to exercise the renewal option,will provide written notice to the Agency no later than 30 calendar days prior to the Agreement's expiration date H. SCOPE OF AGREEMENT A. Overview The Department and Agency will work together in their goal of improving the administration of criminal justice and reentry services in Seminole County,Florida,by: 1. Improving the efficiency of interaction between their offices; 2. Facilitating the exchange of information and records between the Department and Agency collected and maintained by each; 3. Using a team problem-solving approach to address challenges posed in the implementation of this Agreement and the criminal justice system;and 4. Conducting team initiatives targeted at offender contacts and enforcement of the conditions of supervision. Each party retains responsibility for its personnel and any fiscal or general administrative services each party incurs in support of this Agreement. Special operations, as it pertains to this Agreement, involve teams of Department and Agency personnel targeting offenders on probation for home or offender's workplace visits. Those offenders include but are not limited to, those on probation for forcible felonies, offenders on probation with a history of gang-related violence, and registered sexual offenders under supervision by the Department. Page 2 of 9 AGREEMENT#A5293 B. Responsibilities of the Department The Department will perform the following duties in support of the Agreement to the extent possible within those resources the Department, in its own judgment, believes it can commit to the Agreement. 1. The Department will dedicate certain officers and resources to facilitate the identification of dangerous,high-risk offenders under supervision. 2. The Department will provide current information to the Agency on those offenders under the supervision of the Department. This will include, but not be limited to addresses,offenses,conditions of supervision,and criminal histories. 3. The Department will designate officers to participate in the Agency's operations in order to familiarize the Agency with the location, descriptions, and conditions of supervision for offenders on community control, sexual predators, sexual offenders, and high-risk offenders. All Department officers who participate in these operations will be current on use of force training, in accordance with the Department's "Use- of-Force in Community Corrections" Procedure 302.313. The Department will designate officers to participate in operations when, in its own judgment, the Department believes it can commit resources to the Agreement. 4. The Department will designate officers to conduct administrative searches, in accordance with the Department's "Plain View Observations, Walk Through Visual Inspections, Searches, and Warrantless Arrests" Procedure 302.311, to ensure that offenders are in compliance with their terms of supervision. 5. The Department will train the Agency's officers,in accordance with Rule 33-302.105 Florida Administrative Code, and with the Department's "Plain View Observations, Walk Through Visual Inspections, Searches, and Warrantless Arrests" Procedure 302.311,regarding participation in warrantless arrests. 6. The Department may be present, but will not participate, in law enforcement activities when the offender is not under the supervision of the Department or the Florida Commission on Offender Review. C. Responsibilities of the Agency The Agency will perform the following duties in support of the Agreement,to the extent possible, within those resources that the Agency, in its own judgment, believes it can commit to the Agreement. 1. The Agency shall provide the Department with all current available information on absconders and offenders under the supervision of the Department. 2. The Agency shall assist the Department officers on field visits to offender residences and places of employment,as deemed necessary by the Agency,to execute a warrant or warrantless arrest. 3. The Agency shall task law enforcement officers to maintain situational awareness and employ safety precautions while probation officers conduct administrative Page 3 of 9 AGREEMENT#A5293 searches to ensure the offender's compliance with the terms of supervision. Agency's officers will control the offender and any individuals on site who attempt to interfere with the administrative search and transport the offender to the county jail if needed. 4. The Agency shall provide assistance to identify, secure, provide receipts for, and properly store any property seized during an administrative search conducted by the Department as the situation requires. 5. The Agency shall notify the Department of any violations of supervision that an offender commits in the presence of the Agency officer, and conduct a warrantless arrest upon confirmation with the Department that a violation has occurred. 6. The Agency shall assist the Department in transporting and/or arresting offenders, within Seminole County,Florida,or as otherwise permitted by law,if the offender is found to be in violation of supervision. The Agency will ensure that officers are aware of the Department's "Plain View Observations, Walk Through Visual Inspections, Searches, and Warrantless Arrests" Procedure 302.311, when participating in transporting/arresting aforementioned absconders or offenders. 7. The Agency shall provide opportunities for the Department to participate in ride- along operations, for Department officers to familiarize the Agency with the whereabouts, descriptions, and specified conditions of supervision of community control offenders, sexual predators, sexual offenders, and high-risk offenders, to ensure that all violations are communicated to the Department officer supervising the offender for communication to the appropriate sentencing authority. 8. The Agency may terminate their individual participation in this Agreement with no less than 30 calendar days' notice, without requiring the termination of the overall Agreement. D. Joint Responsibilities L' In order to enhance public safety, the parties agree to commit their resources, as it deems appropriate, to apprehend offenders under supervision of the Department or the Florida Commission on Offender Review who have violated supervision terms, set forth by their sentencing authority. 2. The parties agree that a successful reentry strategy for offenders will lead to safer Florida communities. The parties agree to commit their resources, as it deems appropriate, in a coordinated effort to provide offenders and former offenders with the skills and support systems needed to successfully reintegrate into Florida communities. 3. The parties believe that some of the most pressing issues for offenders reentering society include, but are not limited to, the following: housing (permanent or temporary), employment, education, life skills, behavior management, substance abuse,mental health treatment,and transportation. 4. The parties agree to provide a designee to attend meetings and serve as a representative of their particular agency. The parties agree to hold such meetings to Page 4 of 9 AGREEMENT#A5293 discuss.issues and methods of implementing the partnership in the most effective manner possible. The parties agree that said meetings will be held on at least a biannual basis,but the parties may agree to meet more frequently if in their judgment it would help fulfill the goals of this Agreement. 5. The parties understand that the exchange of information regarding their specific responsibilities, duties, and roles within the criminal justice system is vital to the efficient operation of this partnership. Such exchange will only be limited by federal or state law and the policies and procedures of each agency. 6. The parties agree to establish policies to implement the Agreement by pooling and sharing resources, or equipment where applicable to enhance the delivery of quality service. 7. The parties agree to create procedures for communicating the goals and ideas of the partnership to their personnel for action and implementation. III. FINANCIAL OBLIGATIONS The parties acknowledge that this Agreement is not intended to create financial obligations between the parties. However, if 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 Agreement Administrator is responsible for maintaining the official Agreement file, processing any amendments, termination of the Agreement, and maintaining records of all formal correspondence between the parties regarding the administration of this Agreement. The title,address,and telephone number of the Department's Agreement Administrator are: Contract Administrator Bureau of Procurement Florida Department of Corrections 501 South Calhoun Street Tallahassee,Florida 32399-2500 Telephone: (850)717-9773 B. AMement 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 liaisons between each party and the other. Page 5 of 9 AGREEMENT#A5293 FOR THE DEPARTMENT FOR THE WINTER SPRINGS POLICE DEPARTMENT Rachel Richardson Matthew Tracht Circuit Administrator,Circuit 18 Chief of Police 2323 Babcock Street 300 N.Moss Road Melbourne,Florida 32901 Winter Springs,Florida 32708-2715 Telephone:(321)529-6054 Telephone:(407)327-1000 Email: sanford.cir@fdc.myflorida.com Email:mtracht@winterspringsfl.org V. REVIEW AND MODIFICATION 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. After execution of this Agreement, modifications to the provisions contained herein, with the exception of Section IV.,AGREEMENT MANAGEMENT,shall be valid only through execution of a formal written amendment to the Agreement. Any changes in the information contained in Section IV.,AGREEMENT MANAGEMENT, will be provided to the other party in writing and a copy of the written notification shall be maintained in the official Agreement record. VI. TERNIINATION This Agreement may be terminated at any time upon the mutual consent of both parties or unilaterally by either party upon no less than 30 calendar days'notice. Notice shall be delivered by express mail or another method whereby a receipt of delivery may be obtained. In addition,this Agreement may be terminated with 24 hours' notice by the Department for arty failure of the Agency to comply with the terms of this Agreement or any applicable Florida law. VEL OTHER CONDITIONS A. Public Records Law The Agency agrees to allow the Department and the public access to any documents,papers, letters, or other materials subject to the provisions of Chapter 119 and Section 945.10, F.S., made or received by the Agency in conjunction with this Agreement. The Agency's refusal to comply with this provision shall constitute sufficient cause for termination of this Agreement. B. Sovereign Immunity The Agency and the Department are state agencies or political subdivisions as defined in Section 768.28, F.S., 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. Page 6 of 9 AGREEMENT#A5293 C. Confidentiality The Agency shall ensure all staff assigned to this Agreement maintains confidentiality with reference to individual participants receiving services in accordance with applicable local, state,and federal laws,rules,and regulations. The Department and the Agency agree that all information and records obtained in the course of providing services under this Agreement shall be subject to confidentiality and disclosure provisions of applicable federal and state statutes and regulations adopted pursuant thereto. The Agency agrees to keep all Department personnel information (i.e., Department staff telephone numbers, addresses, etc.) strictly confidential and shall not disclose said information to any person,unless released in writing,by the Department. D. DisRuLes Any dispute concerning performance of the terms of this Agreement shall be resolved informally by the Agreement Managers. Any dispute that cannot be resolved informally shall be reduced to writing and delivered to the Department's Assistant Deputy Secretary of Community Corrections. The Assistant Deputy Secretary of Community Corrections shall decide the dispute, reduce the decision to writing, and deliver a copy to the Agency, the Agreement Manager,and the Agreement Administrator. E. Data Sharint The Department and the Agency acknowledge their separate obligations to store and disseminate data in compliance with the requirements of Public Records Law,Chapter 119, F.S., and with other applicable statutes that constitute express exceptions to the requirements of Section 119.07(1), F.S., by making certain categories of records confidential, exempt from disclosure, or accessible as prescribed by statute. The Agency acknowledges that the data exchanged between them has been provided for official purposes and that public access to such data is limited and prescribed by statute. The Agency therefore agrees, consistent with public records law, to refer third parties requesting delivery of information to the originating party. The Agency further agrees to disseminate data only in compliance with confidentiality restrictions and in recognition of the exemptions fiom disclosure provided by law and to provide advance copies of documents involving the other party's data for review to determine if there has been an inadvertent disclosure of confidential information as described herein prior to publication. F. Prison Rge Elimination Act The Agency shall report any violations of the Prison Rape Elimination Act, Federal Rule 28 C.F.R.Part 115 to the Department of Corrections'Agreement Manager. G. Cooperation with Inspector General In accordance with Section 20.055(5),F.S.,the Agency understands and will comply with its duty to cooperate with the Inspector General in any investigation,audit,inspection, review, or hearing. Page 7 of 9 AGREEMENT#A5293 H. Force Maieure Neither party shall be liable for loss or damage suffered as a result of any delay or failure in performance under this Agreement or interruption of performance resulting directly or indirectly from acts of God,fire,explosions, earthquakes,floods,water,wind, lightning, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, strikes, or labor disputes. I. Americans with Disabilities Act The Agency shall comply with the Americans with Disabilities Act. In the event of the Agency's noncompliance with the nondiscrimination clauses, the Americans with Disabilities Act,or with any other such rules, regulations, or orders,this Agreement may be canceled, terminated, or suspended, in whole or in part, and the Agency may he declared ineligible for further Agreements. J. Independent Contractor Status The Agency shall be an independent contractor in the performance of its duties and responsibilities under this Agreement. The Department will neither have nor exercise any control or direction over the methods by which the Agency shall perform its work and functions other than as provided herein. This Agreement does not constitute a partnership or a joint venture between the parties. K. Notices All notices required or permitted by this Agreement shall be given,in writing,and by hand- delivery or email, to the respective addresses of the parties as set forth in Section IV. AGREEMENT MANAGEMENT, above. All notices by hand-delivery shall be deemed received on the date of delivery, and all notices by email shall be deemed received when they are transmitted and not returned as undelivered or undeliverable. Either party may change the names, addresses, or telephone numbers set forth in Section IV. AGREEMENT MANAGEMENT,above by written notice given to the other party as provided above. L. No Third-Peficiaries Except as otherwise expressly provided herein,neither this Agreement,nor any amendment, addendum,or exhibit attached hereto,nor term,provision,or clause contained therein,shall be construed as being for the benefit of or providing a benefit to,any party not a signatory hereto. M. Cooperation with the Florida Senate and the Florida House of Representatives In accordance with Section 287.058(7) F.S., the Agency agrees to disclose any requested information, relevant to the performance of this Agreement, to members or staff of the Florida Senate or the Florida House of Representatives, as required by the Florida Legislature. The Agency is strictly prohibited from enforcing any nondisclosure clauses conflictive with this requirement. Page 8 of 9 AGREEMENT#A5293 IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed by their undersigned officials as duly authorized. AGENCY: WINTER SPRINGS POLICE DEPARTMENT SIGNED BY: Z �J NAME: !j' i¢ ��,i1✓I�`J l 1. TITLE: DATE: FEID9: -- f C Z- FLORIDA DEPARTMENT OF CORRECTIONS Approved as to form and legality,subject to execution. SIGNED SIGNED`c r BY: BY: NAME: J. Olyn Long _NAME: Dorothy M.Bumsed TITLE: Procurement Director _TITLE: Deputy aaGffeneral Counsel Vl DATE: (( b��y DATE: S 2-Z Page 9 of 9