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HomeMy WebLinkAboutSeminole County Sheriff's Office - CHOICES School Security Officer 2019-2020 - Executed 2019 08 13 20192020 SCHOOL SECURITY OFFICER MEMORANDUM OF UNDERSTANDING BETWEEN CHOICES IN LEARNING CHARTER SCHOOL, THE CITY OF WINTER SPRINGS AND THE SHERIFF OF SEMINOLEC OUNTY THIS AGREEMENT is made and entered into by and between Dennis M. Lemr-na, as Sheriff of Seminole County, Florida, hereinafter referred to as "SHERIFF," a Constitutional Officer of the political subdivision of Seminole County, on behalf of the Seminole County Sheriff's Office, a law enforcement agency as defined in Florida Statute Section 943,10(4), whose address is 100 Eslinger Way, Sanford, Florida 32773, the City of Winter Springs, a municipal corporation organized under the laws of the State of Florida, herein referred to as CITY whose address is 1126 East State Road 434, Winter Springs, Florida 32708 and CHOICES IN LEARNING ELEMENTRY CHARTER SCHOOL hereinafter referred to as CHOICES whose address is 1100 East State Road 434 Winter Springs, Florida 32708. WITNESSETH: WHEREAS, CHOICES is a Florida, Charter School located with the School District of in Seminole County and governed by Florida Statute Chapter 1002.33 and as Such, is part of the state's program of public education and is recognized by statute as a public school; and WHEREAS, Florida Statute 1002.33 (16)(a)5 requires a Charter School to be in compliance with provisions in Florida Statutes in Chapters 1000 through 1013 pertaining to student health, safety, and welfare; and WHEREAS, Florida Statute 1002.33(16)(b)8 specifically requires a Charter School to be in compliance with Section 1006,12 F.S. relating to Safe School Officers; and WHEREAS, Florida Statute 1002.33(16)(b)9 specifically requires a Charter School to be in compliance with Section 1006.07(7) F.S., relating to threat assessment teams; and WHEREAS, Florida Statute 1002.33(16)(b)10 specifically requires a Charter School to be in compliance with Section 1006.07(9) F.S. relating to School Environmental Safety Incident Reporting; and WHEREAS, Florida Statute 1002.33(16)(b)11 specifically requires a Charter School to be in compliance with Section 1006.1493 F.S. relating to the Florida Safe Schools Assessment Tool; and WHEREAS, Florida Statute 1002.33(16)(b)12 specifically requires a Charter School to be in compliance with Section 1006.07(6)(c) F.S. relating to adopting an active assailant response plan; and WHEREAS, Florida Statute 1002.33(16)(b)13 specifically requires a Charter School to be in compliance with Section 943.082(4)(b) F.S. relating to the mobile suspicious activity reporting tool; and Page 1 of 11 WHEREAS, Florida Statute 1002.33(16)(b)14 specifically requires a Charter School to be in compliance with Section 1012.584 F.S. relating to youth mental health awareness and assistance training; and WHEREAS, Florida Statute 1006.12 requires one or more safe-school officers at each school facility within the school district. The school-safety officer may be a school resource officer, a school safety officer, a school guardian or a security guard or a combination of these options to fulfill this obligation; and WHEREAS, the Winter Springs Police Department is the law enforcement agency of the City of Winter Springs; and WHEREAS, the Winter Springs Police Department is not a separate legal entity and all references to the CITY herein shall include the Winter Springs Police Department; and WHEREAS, the CITY has approved as an off duty detail the retention of its law enforcement officers by CHOICES IN LEARNING to perform the duties of a School Safety Officer; and WHEREAS, CHOICES has retained a law enforcement officer employed with the Winter Springs Police Department through the police agency's Off-Duty employment detail for six consecutive years and wishes to continue with their services in this capacity; and WHEREAS, CHOICES has chosen to retain a School Safety Officer (hereinafter referred to as SSO) as its means of complying with Florida Statute 1006.12; and WHEREAS, the SHERIFF has established a School Safety Unit led by a SHERIFF'S Captain to enhance school safety initiatives in Seminole County Public Schools to include Charter Schools; and WHEREAS, the SHERIFF'S School Safety Captain has many duties and responsibilities and among them is the oversight of the SCHOOL RESOURCE OFFICER Program (hereinafter referred to as SRO) and Focus on Safety Program administered within Seminole County Public Schools; and WHEREAS, the Seminole County School Board and the SHERIFF have agreed to allow the SHERIFF'S School Safety Captain to be designated as the Seminole County School Safety and Security Specialist over Seminole County Public Schools as authorized by Florida Statute 1006.07(6)(a); and WHEREAS, the Seminole County School Safety and Security Specialist is responsible for the supervision and oversight for all school safety and security personnel, policies and procedures in the school district and the specific duties set forth in Florida Statute 1006.07 (6); and WHEREAS, as required by F.S. 1006.12, the SSO retained by CHOICES must have undergone a background check, drug testing, a psychological evaluation and be a law enforcement officer defined in Florida Statute 943.1 100(l), certified under the provisions of Chapter 943, and be employed by either a law enforcement agency or by the district school board; and WHEREAS, the SHERIFF will make training opportunities available to CITY, at no cost for the actual training, in all subject matter areas provided to School Resource Officers in other Seminole County Public Schools as part of the School Resource Officer Program, such as Basic School Resource Officer Training, Page 2 of 11 SRO wrap around training, Instructor Techniques, Focus on Safety, Trauma Informed Care, Cyber Safety- Social Media Dangers and Awareness, Autism Avvaneness, Bullying Pnavendnn, Exceptional Student Education Awareness Training, Mental Health Crisis Intervention TraininQ, training addreSsing� active threats, hostage situations, bomb threats, de-escalation and incident command; and WHEREAS, the Sheriff's School Safety Captain in his capacity aSthe Seminole County Public School Safety and Security Specialist will provide training and assistance to CHOICES to assist with compliance with mandated statutory responsibilities pursuant to Florida Statute 1002.33; and VVHERE/\S. CHOICES at all times remains responsible for the safety and security of its students and faculty pursuant to Florida Statute Chapter's 1002 and 1006. NOW, THEREFORE, in consideration of the nnutua| understandings set forth herein' CHOICES, CITY and SHERIFF agree @Sfollows: 1. Term The TERM of this Agreement shall be from the date the last party to execute signs the Agreement, until June 38' 2O2O. 3. Purpose The purpose of this Agreement is to document the understanding of the PARTIES and their expectations in meeting the Cnrnp|ionoe requirements of Florida Statute 1006.12 to provide for the protection and safety of school personnel, property, students, and visitoEMd to enhance school safety. 3. Cooperation It is agreed that the PARTIES shall provide all necessary cooperation and assistance so as to facilitate the requirements and QOa|3 of school safety as set forth in Florida Statute 1002.33. 4. Basic Services The CITY agrees to: a\ Have the Chief ofPolice for the Winter Springs Police Department designate 8supervisor within the department [o serve as the primary liaison contact with the Sheriff's School Safety Captain and provide notice of this designation's name and contact information to the SHERIFF and to CHOICES. An alternate secondary supervisor shall also be named to act in the absence of the primary liaison, These individuals shall he referred to herein @sVV5PD-QS. Notice ofthe VVSPD- DS'G shall be provided no later than August U. 2019. Th8VVSP[}-[)S will have sole discretion to decide who serves CHOICES as a School Safety {}fficer (SS{J). CITY shall make sure the SS{}'S have the name and contact information for the VVSPD [}S and the Sheriff's SCh00| Safety Captain. b) Allow only law enforcement officers who meet the requirements of 1006.12(2) to provide Page 3of1I services asanSSC} to CHOICES. c> Make sure the SS{) and VVSF'[}-DS are familiar with this M(]U. to include the SSO and VVSPD- DS responsibilities listed in Exhibit ^A^ attached hereto and incorporated by reference herein, s0 they are aware gfthe expectations for this off-duty detail. d) Equip the SS[) with a po[rn| vehicle, personal weapon, radio, and other standard equipment issued by the CITY to all of its |am/ enforcement officers. Additionally, the SSQ shall maintain full fitness for duty in order to he able to respond to crisis situations. e\ Provide a SvvDrn |@m enforcement officer to be on campus to provide continuous coverage during school hours. If the officer who has signed up to provide SS[) coverage of the campus detail is not able to be on campus for any part of the GChOO| day when SChOo| is in G8SSinn' the SB(] shall contact the VVSP[)-[}Sfor B replacement SSD. |f@ replacement SS[) from the CITY is not available, theVVSPO-[)S shall contact the Sheriff's School Safety Captain who shall rnGhe arrangements for @ levv enforcement officer from the Sheriff's department meeting the requirements ofF.S. 1OO8.12(1) or (2) toprovide coverage ofthe school. f) Handle as an off-duty detail any requests by CHOICES for an officer for activities Outside the regular school hognS' such as sporting eV8DLs 0[ other special school eV8OtS in accordance with the regular off-duty policies and procedures of the CITY, with appropriate payment by CHOICES. g) The SS{} will wear the Official uniform worn by Winter Springs Police Department {}Rioers at all times while working as an BS(]. h\ Provide to CHOICES and the Sheriff's School Safety Captain, in his capacity as the 8ennin8|8 County Public School Safety and Security SpeCia|ist, an affidavit which shall be accepted as certification that its officers performing services as an S8D are in compliance with the requirements 0fFla. Stat. 1008.12(2). i) Inform the BS[} to use any information made accessible to him or her by CHOICES pursuant to the provision of services only for the purposes for which the disclosure was made or as otherwise authorized pursuant to Florida Statute 1006.07(7). CITY acknowledges and agrees that the SS[) is not a "school official" pursuant to § 1002.221' Ra. Stat., 20 U.S.0 § | 232g, and the federal regulations issued pursuant thereto. j) Inform any officer working in the school in the capacity of an SS{J of the contents of this Agreement and the Student Code of Conduct and Discipline Code as provided to the CITY by CHOICES, k) Ensure that the SS{} has reviewed CHOICES' Crisis and Emergency Plan, Active Threat Policy and Emergency Communication pnocedunes, once provided to the CITY by CHOICES. |\ Ensure that the SSO has had training in Emergency Management- Incident Command Training for L8vv Enforcement |CS100 Level. 0) Advise the SSO to doCVnleDL his or her coverage at the school by entry into MiCAD the 15 DELTA code. Page 4of11 n) Have its VVSPD`QS submit to the Sheriff's School Safety Captain an x-cad report on o quarterly basis to assure coverage is being provided to CHOICES during all hours when SChon| is in Session. Q) Have its VVSPD-[}S attend the quarterly Supervisor meeting get by the Sheriff's School Safety Captain held with School Resource Deputies and School Resource Officers. SHERIFF agrees to: a\ Provide coverage LoCHOICES when coverage cannot be accomplished by the CITY so that compliance with F.S. 1008.12 is assured. b\ Make the Sheriff's SthpD! Safety Captain available for training, c\ Make available to the SS{l'SfnOrD the City, the non-statutory required training which is provided to the School Resource Deputies and School Resource Officers without charging tuition coats to the CITY. d\ Make the Sheriff's School Safety Captain and Sheriffs staff available to assist CHOICES in complying with Florida Statutory mandates under Florida Statute 1002.33. CHOICES IN LEARN/NG agrees to: a) Timely pay the agreed upon mate for services of$2.50 per hour to the CITY and $40D0 per hour to the reporting officer on avveeNy basis. Timely pay for services provided by the SHERIFF within 15 days of receipt Of the 8HER|FF's invoice for services. The SHERIFF'S nate is for services provided under this M(]Uis $4O.O8per hour. b> Timely provide the SS[) with access to information and resources needed to perform the objectives in this Agreement, to include office space preferably within the public entrance area of the school Site. computer aCC8sS' SChOD| staff contact information, and directory iOforrnabOn, pursuant to CHOICES School Policy and C0nSis18n[ with the School's Charter Agreement, and applicable School District policies. c\ Immediately provide the SSO with access to its Student Code ofConduct and Discipline Code; the School's Crisis and Emergency Plan; Active Threat Policy and Emergency Communication procedures. d\ Require its threat assessment team to immediately consult with the VVSPO-[)8 and the Sheriff's School Safety Captain when a student exhibits a certain pattern Of behevior, based upon previous eoia or the severity of an act that vvou|U pose a threat to school safety. e) Seek input from the Sheriff's School Safety Captain when developing any policy prohibiting bullying and harassment of m student Or employee of the school. O Provide the VVSPD-DB and the Sheriff's School Safety Captain access to the Florida Safe Schools Assessment Too] /FSSAT\ for use in assisting CHOICES with conducting security assessments in order to help CHOICES identify threats' vu|nenabi|ities, and appropriate safety controls for the school. g\ Seek input from the VVSPO-[>S and the Sheriff's School Safety Captain when formulating Page 5of11 pO|i[jeS and procedures for students and faculty for emergency drills and actual emergencies, including, but not limited to, fires, natural diGaSten5, active shooter and hostage Situations, and bomb threats. h) Conduct drills for active shooter and hostage situations in accordance with developmentally appropriate and age-appropriate procedures but at least as often as other emergency drills, and seek input from theVVSpD'DS and the Sheriff's School Safety Captain when establishing an emergency response policy. i\ Seek input from theVVGPD-DS and the Sheriffs School Safety Captains when establishing @ rnOde| ennerg8nCymanagement and emergency preparedness prmoedure, including emergency notification procedures for the following life-threatening emergencies: Weapon-use, hostage, and active threat situations. U Solicit input of the VVSP[)-QS and the Sheriff's School Safety Captain in any active shooter/threat training conducted atthe school. k\ Designate the WSPD-DS as a member of the Threat Assessment and Safety Team. |) Provide the Sheriffs School Safety Captain with sufficient time at the beginning of the school year and quarterly to participate in training conducted for school administrators, faculty, staff, and students on safety matters such as School Crises and Emergency plans, bOrnbthreaU8\ procedures, active threat and active-shooter situations, hostage 3ituatione, workplace violence, bomb lockdown and barricade, school evacuation procedures and other school safety matters. ALL PARTIES agree: a) To work cooperatively with each other to proactively address school security issues and to provide students, faculty, and parents with quality |@vv enforcement services and the safest learning environment possible. b\ To work cooperatively with each other to equip elementary school-aged students with the right safety skills to make informed decisions in life and build a positive relationship with |@vv enforcement officers. c\ In all matters relating to the SB[)`s performance of law enforcement aobon. such as, but not limited to criminal incident investigations and on-campus arrests, the officer shall be Subject to all standard operating procedures of the Winter Springs Police Department and applicable local, state or federal |ovv. d) The SSO shall not act as a school discip|inarion, as disciplining Students is @ school responsibility. School officials shall handle matters involving school disciplinary matters of students, which are of o non-criminal nature. Hnvvever, if the principal or his or her designee believes that an incident rises to the level of violation of the |8w' the principal or his or her designee is to contact the SSD who shall then determine whether law enforcement motion is appropriate. The SSO is encouraged to seek consultation with the WSP[}-DS or the Winter Springs Chief of Police in any matter or situation he/she deems appropriate. e) In all situations wherein the reporting SB{} contemplates criminal charges involving any Page 6of11 employee ofCHOICES ora student's arrest for afelony occurring oOthe school grounds during the school day, the matter shall be brought to the attention of the VVBP0-OS as well as the Principal and b} the Sheriff's School Safety Captain. U Under no circumstances shall CHOICES not have a law enforcement officer present on campus when the school isopen while iMsession. g\ To the extent allowed bylaw and as practicable, the PARTIES agree togive advance notice to the other and the opportunity for input prior to the release of any press release, media St@teRle0tS' Or sOdo| media post on all matters related to !avv enforcement action taken on school grounds Ordealing with CHOICES faculty. h) All body worn cornen3 recordings captured by CITY within the school remain the property and work product of the CITY. Any request made to CHOICES by g third party for copies of video recordings She|| be referred to the Records Division for the Winter Springs Police Department for handling in accordance with Florida law. The CITY and CHOICES further agree that if equipped with the use of body-worn c8nner@. (hen the camera operation is part of the officer's uniform. It is understood that within the GChoD} Setting and when pOSSib|e, the body- worn cameras will be used when taking |8vv enforcement Bchon, such as but not limited to, interviewing ViCiinl8 or vvitOGGSeS' making arrests on the school campus, or as otherwise authorized by the policies or procedures of the Winter Springs Police Department. This paragraph shall apply equally to any Sheriff's Deputy who may be providing CUV8r8ge to CHOICES asaresult Ofthe CITY being unable LQprovide coverage. i) The CITY and CHOICES shall notify the Sheriff's School Security Captain by June 1. 2020 if the provision of school safety pursuant to F.B. 1006.12 by use of an off-duty detail officer with the Winter Springs Police Department will not be used for the upcoming school year. 5. Hold Harmless a\ CHOICES agrees to hold h8rnn|e33 the CITY and SHERIFF, their deputies, offioenS, employees and agents' from any liability, loss, damage, judgment, lien, expense and costs sustained or incurred in connection with any claims, suiis, actions, or proceedings made orbrought against the CITY or SHERIFF as a result of any act or omissions of CHOICES its officers, employees or agents, in the performance of its obligations under this Agreement and pursuant to its statutory obligations. b\ The CITY, SHERIFF and CHOICES shall each he responsible for their own liabilities arising from their willful or negligent acts and omissions related to activities undertaken by such party in accordance with the terms of this Agreement, There shall be no indemnification by either the City or the Sheriff ofany party. Nothing in this Agreement shall be construed as waiver of any privilege, defense or immunity afforded by law to any of the parties to this Agreement or their respective employees, officers Oragents, 6. Notices and Agency Points of Contact Whenever any party desires or is required by law nrthis Agreement to give notice unto the other party, notice shall be sent bycertified mail or hand delivered to Page 7of11 For CITY: Chris Deisler, Chief of Police Winter Springs Police Department 300 N. Moss Road Winter Springs, FL 32708 WSPD-DS (name will be provided by the Chief of Police) address same as Chief For SHERIFF: For CHOICES IN LEARING Chief Sharon Bryan, Dept. of Youth Services Dr. Janet Kearney, Principal Captain Rick Francis 1100 East S.R. 434 Seminole County Sheriff s Office Winter Springs, FL 32708 100 Eslinger Way (407) 302-1005 Sanford, Florida 32.773 7. Authority of the Parties By signing this agreement, the signatories represent that they have the authority to act for and sign on behalf of the party in question. 8. Entire Agreement a) It is understood and agreed that the entire Agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof, as well as any previous agreement presently in effect between the parties relating to the subject matter hereof. b) Any alterations, amendments, deletions or waivers of the provisions of this Agreement shall be valid only when expressed in writing, approved by the respective parties and duly executed on behalf of each party as set forth herein. Page 8 of 11 IN WITNESS WHEREOF, the parties to this Agreement have caused their named to be affixed hereto by the proper officers thereof for the purposes herein expressed. SEMINCELE COUNTY SHERIFF'S OFFICE: CHOICES IN LEARNING BLS TRY CHARTER SCHOOL, FOUNDATION: uw DENNIS LEMMA SHERIFF OF SEMINOLE COUNTY Date: Date: WITNESS: WITNESS: Nicole Nelson, Executive Assistant CITY OF WINTER SPRINGS: Shawn Boyle, Interim ' y Manager Date: WITNESS: Page 9 of 11 EXHIBIT "A" 1The 8SC} shall at all times perform his/her duties in accordance with standard operating procedures ofthe Winter Springs Police Department. 2. The reporting officer shall maintain all law enforcement powers, duties and responsibilities inclusive of his/her position as e |avv enforcement officer while performing the CHOICES off-duty detail. 3. The SS{} shall have undergone background check, drug testing, and apsychological evaluation as outlined in Florida Statute 1000.12 /1\( o ) prior to reporting for duty 8t CHOICES. 4. The reporting officer shall nsconJ his/her service time on campus by logging onto MiCAD utilizing the 15[)a|tacOde and clear from the event upon the end oftheir shift. 5' The reporting officer shall report to CHOICES and be equipped with a pGtn]| vehide, personal weapon, radio, and such equipment issued by the CITY to its law enforcement officers. 8. The SSO shall not participate in the CHOICES off-duty detail unless they have full fitness for duty in order to be able to respond to Crisis situations. 7� The SSO understands he/she is expected and required to be on campus to provide continuous coverage during school hours. If the SS{) is not able to be on campus for any part 0fhis/her shift while school is in seGsion, he/she must contact the VVGPD-DG so arrangements for coverage Can be made, In no event shall the SS{} leave the campus until a replacement |ovv enforcement officer arrives Oncampus. 8. No students will he contacted during school hours in conjunction with G criminal investigation of any nature without notice first being given to the school's principal. Any such contacts will be conducted in accordance with the standard operating procedures of the Winter Springs Police Department. 9� All student record information will be maintained in accordance with the provisions of Florida Statutes. 10. The S3(] will interface with students between class breaks, during lunch periode, before and after school and at school activities at which the officer is in attendance. The expectation is that the reporting officer will roam the school prernisem. check perimeters, be engaged with students and staff and remain unpredictable. 11. The VVSPD-OS will consult with the Principal and the SHERIFFS School Safety Division Captain regarding procedures for emergency drills and for actual emergencies, including but not limited to, fires, natural disasters, active shooter and hostage Situations, and bornbthre8to. 12. The SS{) will serve as a referral resource for students, faculty, and parents to community agencies. 13. The SSO will serve as a law enforcement resource person to the school administration. 14. The SG{] shall be informed of any situation occurring on school grounds that the principal or his/her designee believes to be a violation or the |avv or criminal in nature. Page 10uf1l 15. The SS{) Gh@|| C0OnDlQAiCat8 with the principal when determining whether student arrest will be made or if there is an alternative solution to the incident, which vvOu!d 8dU he in compliance with Florida 8tsba Statute. The final decision for arrest or not to arrest will be with the SS[). 16. The SS{} shall be fully familiar with the Student Conduct and Disciplinary Code adopted by the Seminole County School Board and made applicable io CHOICES pursuant (othe Charter/Sponsor Agreement; the School's Crisis and Emergency p'/an; Active Threat Policy and Emergency Communication procedures. 17. All svvo[O s1ateMl8nis from the School Administrator (@). Teacher(s) and other 8L8ff members related to an incident where [avv enforcement action was deemed to be appr0pria\e, must be secured by the SSO officer prior to the end of the day that the incident or event occurred. M The VVSPD-DS will assist school administration with faculty and student readiness for all potential hazards and critical incidents. 19. The primary responsibility of the SBD is the safety of all sLudeni3, staff and school property and to provide emergency response and stabilization ofcritical school incidents. 20. The following additional dudes and responsibilities shall apply if the SS[) is required by the CITY to utilize abody worn camera inthe normal course ofhis/her business. o) The CITY shall have o clearly defined body worn C8nnen@ policy, which ShgU address its use in the school, acopy Qfwhich shall beprovided tnthe principal. b) The body-worn camera is for use solely when the SS{] is performing |aVV enforcement functions on campus. The body worn cameras are not to be [eft on for continuous recording and will only be activated when the SSOisperforming 8law enforcement function on campus. C\ The CITY must have clearly articulated standards for secure evidence storage and preservation, 8 copy of which shall be provided to the principal upon request. d) The CITY is responsible for having the SSO participate in ongoing agency training pertaining to equipment use, and compliance with, applicable levvS concerning the use of the body- worn cameras. e) The SSDwill document the use Ofthe body-worn canoerGby use Ofagency case reference other method when the body worn camera isused within the school and provide tVVVGP[]-DS such documentation upon request and as authorized by |avv f\ The officer shall not release any body carnera recording, except as strictly authorized by law and inaccord with his/her agency policy. Page 11of11