2002 MOA DOC & Sanford Police Dept. (2)M
—1877
To: City Clerk
R+° : Request for Services
The item(s) noted below is/are attached and forwarded to your office for the following action(s):
❑ Development Order
❑ Final Plat (original mylars)
❑ Letter of Credit
❑ Maintenance Bond
❑ Ordinance
❑ Performance Bond
❑ Resolution
Once completed, please:
❑
Return original
❑
Return copy
®
Retain original
Special Instructions:
❑
Mayor's signature
❑
Recording
❑
Rendering
®
Safe keeping Vault)
Please advise if you have any questions regarding the above.
Thank you!
From
TADept_forms\City Clerk Transmittal Memo - 2009.doc
A�2
Date
AGREEMENT #A4357
MEMORANDUM OF AGREEMENT
BETWEEN
THE FLORIDA DEPARTMENT OF CORRECTIONS
AND
SANFORD POLICE DEPARTMENT
This Memorandum of Agreement ("Agreement') is between the Florida Department of Corrections
("Department') and the Sanford Police Department ("Agency"), located in Seminole County, Florida, which
are the parties hereto.
WITNESSETH
WHEREAS, the Department and the Agency are governmental offices that will comprise a community
partnership ("partnership") in Region 3, Circuit 18;
WHEREAS, the diverse responsibilities and services provided by the Department and the Agency are integral
to the administration of criminal justice and offender reentry in Seminole County, Florida;
WHEREAS, the Department and the Agency recognize that providing offenders with reentry assistance, as
appropriate, is an anti-crime measure which reduces victimization, recidivism, and state spending on corrections;
WHEREAS, the Department and the Agency agree that offenders face many challenges to successful reentry,
that most offenders have limited skills and community contact and are unable to identify support services
available in their community prior to release;
WHEREAS, the Department and the Agency share the common goal of promoting public safety for the citizens
of Seminole County, Florida, by reducing crime and recidivism by offenders under community supervision in
the county through the efficient administration of policing and correctional services;
WHEREAS, the Department and the Agency recognize that the effective performance of their respective duties
and the quality of the administration of the partnership established by this Agreement are dependent upon the
efficient interaction of their offices and the mutual exchange of information and records; and
WHEREAS, the Department and the Agency recognize that a team problem -solving approach will more
effectively address the issues facing their respective offices and that each could benefit from the other due to
the variety of their collective perspectives, experiences, and available resources.
NOW THEREFORE, subject to controlling law, rules, regulations, or to other governing policies and/or
procedures, and in consideration of the mutual interests and understandings expressed herein, the parties agree
as follows:
I. AGREEMENT TERM AND RENEWAL
A. Agreement Term
This Agreement shall begin on October 24, 2017, or the date on which it is signed by both
parties, whichever is later, and shall end at midnight on October 23, 2022. In the event this
Agreement is signed by the parties on different dates, the latter date shall control.
Page 1 of 8
MOA General Template - Revised 06-16-16
Model CC -CPA Revised 07-07-17
a
AGREEMENT #A4357
B. Agreement Renewal
The Department has the option to renew this Agreement for up to an additional five (5) year
period beyond the initial agreement term, in whole or in part, upon written agreement of both
parties, and upon the same terms and conditions contained herein. Exercise of the renewal
option is at the Department's sole discretion and shall be conditioned, at a minimum, on the
Agency's performance of the Agreement. The Department, if it desires to exercise its renewal
option, will provide written notice to the Agency no later than 30 calendar days prior to the
Agreement expiration date.
II. SCOPE OF AGREEMENT
A. Overview
The parties agree to 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 the interaction of their offices;
2. Facilitating the exchange of information and records between the parties collected and
maintained by each; and
3. Wherever pertinent, utilizing a team problem -solving approach to address the issues
facing their respective offices and the criminal justice system.
Each party will retain responsibility for its personnel, and its fiscal and/or general
administrative services utilized in support of this Agreement.
The parties agree to support and participate in this partnership and its endeavors, objectives,
and goals, which are directed only towards offenders under the supervision of the
Department.
B. Responsibilities of the Department
The Department agrees to perform the following duties in support of this Agreement:
1. The Department will dedicate certain officers and resources for the purposes of identifying
dangerous at -risk offenders under supervision.
2. The Department will exchange with the Agency the following current information on
absconders and offenders under the Department's supervision: addresses, offenses,
conditions of supervision, and criminal histories.
3. The Department will make initial contact with supervised offenders unless the situation
dictates a warrantless arrest where the probation officer needs assistance from the
Agency's officers, or other law enforcement agency's officers, in transporting the offender
to the county jail.
4. The Department will compile and disseminate to partnership participants pertinent reports
on the status of targeted offenders.
Page 2 of 8
MOA General Template - Revised 06-16-16
Model CC -CPA Revised 07-07-17
AGREEMENT #A4357
The Department will participate in Ride-Alongs, in order to familiarize the Agency with
the whereabouts, descriptions, and conditions of supervision of its community control
offenders, sexual predators, sexual offenders, and high-risk offenders, to ensure that all
violations are communicated to the supervising officers for notification to the applicable
sentencing authority. All Department officers who volunteer for Ride-Alongs must have
received current mandatory use -of -force training, in accordance with Department
Procedure 302.313 "Use of Force in Community Corrections." Probation officers with
less than six (6) month's experience will be accompanied by a supervisor, senior officer,
or specialist.
6. The Department will provide violation warrants, or a probable cause affidavit, to the
Agency to conduct a warrantless arrest to expedite the arrest process for an active warrant,
and assist the Agency, as necessary, in serving those warrants.
7. The Department will conduct administrative searches, in accordance with Department
Procedure 302.311 "Plain View Observations, Walk Through Visual Inspections,
Searches, and Warrantless Arrests," to ensure that offenders are in compliance with their
terms of supervision.
The Department will provide briefings to Agency's officers, in accordance with
Department Procedure 302.311 "Plain View Observations, Walk Through Visual
Inspections, Searches, and Warrantless Arrests," on participation in warrantless arrests.
9. The Department will not participate in law enforcement activities where a non -Department
offender is involved.
C. Responsibilities of the Agency
The Agency agrees to perform the following duties in support of this Agreement:
1. The Agency may exchange with the Department current information and documentation
on absconders and offenders under the supervision of the Department.
2. The Agency may assist probation officers on field visits to offender residences and places
of employment, as necessary, to execute a warrant or warrantless arrest.
3. The Agency may assist probation officers in serving violation of supervision and
absconder warrants.
4. The Agency may provide safety for probation officers, while they conduct administrative
searches, to ensure the offender's compliance with the terms of supervision, by controlling
the offender, family members, or others present during the search, and may transport the
offender to the county jail, if warranted.
The Agency may provide assistance in identifying, receipting, and securing of any
property seized during a search conducted by the Department.
6. The Agency may advise the Department of any violations of supervision that an offender
commits in the presence of the Agency's officer(s), and may conduct a warrantless arrest
upon confirmation with the Department that a violation has occurred.
MOA General Template - Revised 06-16-16 Page 3 of 8
Model CC -CPA Revised 07-07-17
AGREEMENT #A4357
7. The Agency may assist the Department in transporting and/or arresting absconders or
offenders within the jurisdiction of Seminole County, Florida or as otherwise permitted
by law, if the offender is found to be in violation of supervision.
8. The Agency may conduct surveillance on high-risk offenders, as permitted by law, for the
purpose of locating an offender to conduct an arrest.
9. The Agency may provide the opportunity for participating in Ride-Alongs, in order to
become familiar 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 assigned supervising
officer(s) for notification to the appropriate sentencing authority.
10. The Agency's officers may assist Department officers with monitoring offender's
compliance with supervision sanctions, by conducting a warrantless arrest if an offender
is observed violating the terms or conditions of supervision in the community.
D. Joint Responsibilities
1. To further enhance public safety, each party agrees to commit its available resources to
the partnership to apprehend probationers, parolees, conditional releasees, and any other
offenders under the supervision of the Department who have violated supervision terms
established by the applicable sentencing authority.
2. Because a successful reentry strategy provides safer Florida communities, each party
agrees that its available resources must also be coordinated to provide offenders and ex -
offenders the skills and support systems needed to successfully reintegrate into their
communities.
3. Each party recognizes that some of the most urgent issues to address for successful reentry
of inmates and offenders are housing (temporary and permanent), employment
opportunitiesJob placement, life skills/lifestyle, interest and habits, educational/vocational
training, counseling (family, anger management, parenting), mentoring, cognitive
behavioral classes, transportation, substance abuse treatment, and mental health
treatment/co-occurring disorders.
4. Each party agrees to provide a designee to attend and serve as its representative at
partnership meetings and further agrees that such meetings will be regularly held to
discuss issues and methods to better achieve the goals of the partnership.
5. The parties agree to exchange information as to their respective duties, responsibilities,
and roles within the criminal justice system and offender reentry, their required interaction
with, and reliance on, the other party, and their goals and objectives in order to maximize
the use of resources and personnel to ensure successful offender reentry.
6. The parties agree to the extent allowable by law, rule, or regulation, to provide immediate
exchange of information regarding offenders, including suspected violations of
supervision.
7. In order to maximize the use of resources and personnel, the parties agree to identify
common, shared, or related duties, responsibilities, and goals and to coordinate the
delivery of services to eliminate duplicity of effort and unnecessary cost.
Page 4 of 8
MOA General Template - Revised 06-16-16
Model CC -CPA Revised 07-07-17
AGREEMENT #A4357
8. The parties agree to discuss and establish partnership policies and procedures for the
sharing or pooling of resources and equipment to assist in improving the delivery and
quality of their services.
9. The parties agree to review partnership procedures for communicating the initiatives and
directives of the partnership to their respective personnel for action and implementation.
10. The parties agree to discuss, formulate, and implement plans to educate the public about
the duties and responsibilities of their respective offices.
III. FINANCIAL OBLIGATIONS
The parties acknowledge that this Agreement is not intended to create financial obligations 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 Department's 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 administration of this
Agreement.
The title, address, and telephone number of the Department's Agreement Administrator is:
Contract Administrator
Bureau of Procurement
Florida Department of Corrections
501 South Calhoun Street
Tallahassee, Florida 32399-2500
Telephone: (850) 717-3681
Fax: (850) 488-7189
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 liaison regarding issues arising out of this Agreement.
FOR THE DEPARTMENT
Rachel Richardson
Circuit Administrator, Circuit 18
101 Sunnytown Road, Suite 103
Casselberry, Florida 32707
Telephone: (407) 262-7400
Fax: (407) 262-7405
Email: Rachel.Richardson@fdc.myflorida.com
Page 5 of 8
MOA General Template - Revised 06-16-16
Model CC -CPA Revised 07-07-17
FOR THE SANFORD POLICE
DEPARTMENT
Cecil E. Smith
Chief of Police
815 Historic Goldsboro Blvd.
Sanford, Florida 32771
Telephone: (407) 688-5074
Fax: (407) 688-5071
Email: cecil.smith@sanfordfl.gov
AGREEMENT #A4357
V. REVIEW AND MODIFICATION
Upon request of either party, both parties will review this Agreement 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. 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 30 calendar days' notice. Notice shall be delivered by express mail
or other method whereby a receipt of delivery may be obtained.
In addition, this Agreement may be terminated with 24 hours' notice by the Department or the Agency
for any failure of either party to comply with the terms of this Agreement or any applicable Florida
law.
VII. 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, Florida
Statutes (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.
C. Independent Contractor Status
The Agency shall be considered an independent Contractor in the performance of its duties
and responsibilities under this Agreement. The Department shall 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. Nothing in this Agreement is intended to, nor shall
be deemed to constitute, a partnership or a joint venture between the parties.
Page 6of8
MOA General Template - Revised 06-16-16
Model CC -CPA Revised 07-07-17
AGREEMENT #A4357
D. Prison Rape Elimination Act (PREA)
The Agency shall report any violations of the Prison Rape Elimination Act (PREA), Federal
Rule 28 C.F.R. Part 115, to the Department of Corrections' Agreement Manager.
E. No Third Party Beneficiaries
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.
F. 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.
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 7 of 8
MOA General Template - Revised 06-16-16
Model CC -CPA Revised 07-07-17
AGREEMENT #A4357
IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed by their undersigned
officials as duly authorized.
AGENCY:
SANFORD POLICE DEPARTMENT Approved as to form and legality.
SIGNED
BY:
SIGNED
BY:
NAME: Cecil E. Smith
NAME:
SIGNED
BY:
TITLE: Chief of Police
TITLE:
DATE: TN_/w_ DATE:
I T
FEID#: 5,q - (o coo q 2,5
Attest:
SIGNED
BY:( /i,��-�`'l�. eo
,�
NAME: Cynthia Porter
TITLE: Citv Clerk
DATE: 9 — Zz7 — ( '7
William L. Colbert
City Attorney
91 -IS --<7
FLORIDA DEPARTMENT OF CORRECTIONS Approved as to form and legality, subject to
Page 8 of 8
MOA General Template - Revised 06-16-16
Model CC -CPA Revised 07-07-17
execution.
SIGNED
BY:
SIGNED
BY:
NAME:
Kasey B. Faulk
NAME: Kenneth S. Steely
TITLE:
Chief, Bureau of Procurement
TITLE: General Counsel
DATE:
I L
DATE: �'�--
Page 8 of 8
MOA General Template - Revised 06-16-16
Model CC -CPA Revised 07-07-17