HomeMy WebLinkAbout2010 08 09 Consent 207 School Resource Officer Agreement COMMISSION AGENDA
Informational
ITEM 207 Consent X
Public Hearings
Regular
August 9. 2010 direr`.
Regular Meeting Mgr. g / Dept.
Authorization
REQUEST:
The Police Department requests the Commission to approve the renewal of the annual School
Resource Officer inter - agency agreement contract with the Seminole County School Board and
authorize the City Manager to prepare and execute any and all applicable documents on behalf of
the city.
SYNOPSIS:
The Police Department requests the consent of the Commission to approve the renewal of the
School Resource Officer (SRO) inter - agency contract with the Seminole County School Board
for Winter Springs High School and Indian Trails Middle School and authorize the City Manager
to prepare and execute any and all applicable documents the agreement on behalf of the city.
Funding for these officers is to be shared between the city and the school board in a 50 -50
arrangement outlined below.
CONSIDERATIONS:
As in years past, the City and Seminole County School Board have an inter - agency agreement
that provides School Resource Officers to Winter Springs' schools to assist with security, class
instruction, and to act as the liaison between police administrators and the school staff. This
year, we are providing two full -time officers: one to Winter Springs High School and one to
Indian Trails Middle School. The School Board agrees to compensate the City for the two
assigned officers and will pay the city $68,736.34 in eight (8) equal installments of $8,592.04
commencing October 5 to be paid on the 5th day of each month through May 2011.
Federal and State law requires this agreement must be authorized by the Commission of the City
during one of its regularly scheduled meetings. We request the Commission to approve the
contract as submitted to us by the City Attorney, Mr. Garganese, for the provision of these
officers.
FISCAL IMPACT:
As part of providing these officers to the schools mentioned above, the School Board will pay the
city $68,736.34 in eight (8) equal installments of $8,592.04 commencing October 5 to be paid on
the 5th day of each month through May 2011.
COMMUNICATIONS EFFORTS:
Posting of the agenda prior to the meeting at various locations throughout the city.
RECOMMENDATIONS:
The Police Department recommends the Commission approve the new inter - agency contract for
the two School Resource Officers and to authorize the City Manager to prepare and execute any
and all applicable documents.
ATTACHMENTS:
A. Copy of the 2010 -2011 SRO contract submitted to the Police Department as reviewed
by City Attorney Garganese's office.
SEMINOLE COUNTY PUBLIC SCHOOLS
SCHOOL RESOURCE OFFICER AGREEMENT
THIS AGREEMENT, is made and entered into this day of , 2010, by and
between the SCHOOL BOARD OF SEMINOLE COUNTY, FLORIDA, whose address is
400 East Lake Mary Blvd., Sanford, Florida 32773 (hereinafter referred to as "School Board "),
and the CITY OF WINTER SPRINGS, FLORIDA a municipal corporation, whose address is
1126 E. State Road 434, Winter Springs, Florida 32708 (hereinafter referred to as "Agency ").
WITNESSETH:
WHEREAS, the parties desire to implement the provisions of section 1006.12, Florida Statutes,
School Resource Officer Program, by entering into an inter - agency agreement; and
WHEREAS, the School Board has requested that the Agency provide law enforcement
personnel at Indian Trails Middle and Winter Springs High School for service as a School
Resource Officer; and
WHEREAS, the Agency has agreed to provide law enforcement personnel to perform the duties
and responsibilities of a School Resource Officer at Indian Trails Middle School and Winter
Springs High School under the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual considerations, understandings and
covenants set forth herein, the parties agree as follows:
1. TERM: The term of this Agreement is one (1) School Board fiscal year
commencing July 1, 2010, and continuing until June 30, 2011, the date of signature by the parties
notwithstanding. This agreement may be renewed for successive terms of like duration by
mutual written agreement of the parties and upon such terms as they shall agree.
2. PURPOSE: The purpose of this Agreement is to foster better relations and
communications between the School Board and the Agency and between students and law
enforcement personnel; to deter crime on or about school premises by the presence of a law
enforcement officer; to enforce local, state, and federal laws; and to have law enforcement
officers available for presentations to the students, faculty, and parents concerning law
enforcement and various law enforcement related subjects.
3. SERVICES: The Agency agrees to provide two (2) full time School Resource Officers
who will perform such duties set forth in EXHIBIT A (School Resource Officer), which is
attached hereto and made a part hereof for all purposes by this reference and attachment. Each
officer provided shall at a minimum be equipped with a patrol vehicle, personal weapon,
personal communications unit, and such other equipment as is standard for, and deemed
necessary by, the Agency. The Agency shall have the sole discretion to assign any of its qualified
law enforcement officers to the position of School Resource Officer. In furtherance of that
discretion, the Agency shall have the sole discretion to hire, discharge, and discipline any School
Resource Officer provided under this Agreement.
4. COMPENSATION: The School Board will pay to the City of Winter Springs the sum
of Sixty -Eight Thousand Seven Hundred Thirty -Six and 34/100 Dollars ($68,736.34) in eight (8)
equal installment payments in the amount of Eight Thousand Five Hundred Ninety -Two and
04/100 Dollars ($8,592.04). The installment payments shall commence on October 5, 2010 and
shall be paid on the 5 day of each month thereafter through May, 2011.
5. COOPERATION: The parties to this agreement agree that their respective officers,
employees and agents will mutually cooperate with each other to insure that this Agreement is
fully performed to achieve the purpose set forth herein and the goals set forth in section 1006.12,
Florida Statutes.
6. LIABILITY FOR SALARIES, BENEFITS AND OTHER COMPENSATION: The
Agency agrees to provide and pay for the salary and employment benefits of the School
Resource Officers provided under this Agreement. Said salary and benefits shall be in
accordance with the applicable salary schedule and employment practices of the Agency
including, but not limited to, sick leave, vacation leave, retirement compensation, disability,
worker's compensation, unemployment compensation, life insurance, and medical insurance.
7. LIABILITY FOR INJURY OR SICKNESS: To the extent that a School Resource
Officer is injured or becomes sick while performing the duties of a School Resource Officer, the
Agency shall be responsible for said injury or sickness in accordance with the Agency's
employment practices. The School Board shall not be liable for said injuries or sickness arising
out of performance of duties hereunder by the School Resource Officer.
8. EVIDENCE OF SELF - INSURANCE AND RECIPROCAL INDEMNITY:
(a) The School Board and the Agency shall, throughout the performance of their obligations
pursuant to this agreement, maintain a program of self - insurance pursuant to the provisions of
section 768.28(16)(a), Florida Statutes, and shall provide each other with a certificate of self -
insurance or insurance, as the same may be amended at any time and from time to time covering
the limits of liability set forth in section 768.28(5), Florida Statutes and requirements prescribed
by section 440.38, Florida Statutes and a certificate of insurance for any insurance that the
School Board or the Agency maintains that provides coverage in excess of any self - insurance
retention under its program of self - insurance.
(b) The Parties mutually agree to indemnify each other for any injury or loss of property,
personal injury, or death to the extent determined to have been caused by the negligent or
wrongful act or omission of any employee of a Party while acting within the scope of the
employee's office or employment under circumstances in which the School Board or the Agency,
if a private person, would be liable to a claimant, but only to the extent of the partial waiver of
sovereign immunity set forth in section 768.28, Florida Statutes and then only to the limits
prescribed by section 768.28(5), Florida Statutes. Neither party shall be liable to pay a claim or a
judgment by any one person which exceeds the sum of $100,000 or any claim or judgment, or
portions thereof, which, when totaled with all other claims or judgments paid by the state or its
agencies or subdivisions arising out of the same incident or occurrence, exceeds the sum of
$200,000, unless and except that portion of any judgment that exceeds these amounts as may be
reported to the Legislature, but then only to extent as provided by an act of the Legislature that
becomes law.
(c) The provisions of this paragraph 8 shall survive the termination of this Agreement and be
fully binding upon the parties until such time as any and all claims are barred by any applicable
statute in limitation of actions has expired.
9. EMPLOYEE STATUS:
(a) The School Resource Officer shall be deemed at all times to be an employee of the
Agency and not an employee or agents of the School Board. The School Resource Officer shall
at all times be deemed to be an employee of the agency and not of the School Board for purposes
of workers' compensation and tort liability pursuant to 768.28, Florida Statutes. At all times
when the School Resource Officer is in the performance of duties hereunder, the officer shall be
deemed to be acting within the course and scope of the officer's employment as an officer,
employee or agent of the Agency.
(b) It is understood and agreed by the parties that no School Resource Officer shall be
deemed an employee of the School Board and that no officer or employee of the School Board
shall be an employee of the Agency.
10. DESIGNATED CONTRACT ADMINISTRATOR:
a. For the School Board:
Bob DeVecchio, Coordinator of Safety & Security Services
Seminole County Public Schools
400 East Lake Mary Blvd.
Sanford, Florida 32773
b. For the Agency:
Kevin Brunelle, Chief of Police
Winter Springs Police Department
300 North Moss Road
Winter Springs , FL 32708
11. NOTICES: Whenever any party desires or is required by law to give any notice to the
other party, notice shall be sent by certified mail or hand delivered.
a. For the School Board:
Dr. Bill Vogel, Superintendent
Seminole County Public Schools
400 East Lake Mary Blvd.
Sanford, Florida 32773
b. For the Agency:
Kevin Brunelle, Chief of Police
Winter Springs Police Department
300 North Moss Road
Winter Springs, Florida 32708
In addition, a copy of all notices shall be mailed /delivered to the designated contract
administrator. Any change in either the agency head or the contract administrator shall be
noticed in writing to the other party.
12. AGENCY RELATIONSHIP:
(a) The parties recognize that the School Resource Officer is a law enforcement officer and
not a school administrator or employee. In all matters relating to the performance of law
enforcement functions such as criminal incident investigations, the officer shall be subject to the
direction of the officer's agency's standard operating procedures and agency supervisor. In the
event the Agency shall require the officer to assist with emergencies or civil disturbances off
school premises, the officer shall be permitted to immediately respond by the school principal.
Any such emergency or exigent situations shall not affect any compensation required to be paid
to the Agency by the School Board.
(b) All policy disputes shall be referred by the principal to his/her executive director and to
the School Resource Officer supervisor for resolution.
13. TERMINATION: This agreement may be terminated by any party at any time, upon not
less than thirty (30) days written notice delivered by Certified Mail, Return Receipt Requested,
or in person to the other parties.
14. 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 agreements 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.
[Signature Page Follows]
Executed in Seminole County, Florida on the dates as shown:
ATTEST: CITY OF WINTER SPRINGS
Andrea Lorenzo - Luaces, City Clerk Kevin L. Smith, City Manager
DATE: DATE:
Approved as to form and legal sufficiency:
DATE:
Anthony A. Garganese, City Attorney
As authorized by the City Commission on: .
ATTEST: SEMINOLE COUNTY SCHOOL DISTRICT
BY:
Dr. Bill Vogel, Superintendent Sandy Robinson, School Board Chairman
DATE: DATE:
Approved as to form and legal sufficiency:
DATE:
Ned Julian, School Board Attorney
As authorized for execution by the School Board in its meeting of , 2010.
EXHIBIT "A"
SCHOOL RESOURCE OFFICER
1. Anything set forth herein to the contrary, the school resource officer shall at all times
perform his/her duties in accordance with the Agency's standard operating procedures.
2. The powers and duties of the school resource officer as a law enforcement officer shall
continue throughout the school resource officer's assignment in that capacity.
3. The school resource officer shall be responsible to his/her agency in all matters relating to
employment, except that activities conducted by the school resource officer which are part of the
regular school instructional program shall be under the direction of the principal.
4. The school officer will be familiar with the operation of audio - visual equipment generally
in use in the school.
5. The officer will report in and out when the officer arrives at or leaves a campus.
6. When school is not in session, the officer shall perform such duties as are directed by his
agency. The principal or his designee shall advise the officer's agency supervisor of the school's
calendar.
7. The officer will make contact reports for each student counseled. The contact reports
will be filed with the school's guidance department. No students will be contacted during school
hours and on the school campus about their suspected criminal activity without notice to the
school principal and except in accordance with the officer's agency's standards operating
procedures.
8. All student record information will be maintained in accordance with the provisions of
section 1002.22, Florida Statutes.
9. a. The officer will integrate with the students between class breaks, during lunch
periods, before and after school and at school activities at which the officer is in attendance in
the course of his employment duties;
b. The officer will serve as a referral resource for students, faculty and parents to
community agencies;
c. The officer will serve as a law enforcement resource person to the school
administration, the school security officers and the district chief of security;
d. The officer will assist the school principal, school security officer and district
chief of security in developing plans and strategies for the prevention and control of dangerous
situations at the school;
e. The officer will coordinate activities with the school guidance department in an
effort to identify those students who exhibit indications of early delinquent behavior.
10. The officer shall participate in such classroom teaching activities as are deemed
appropriate by the Agency and the school principal.
• •
1
SEMINOLE COUNTY PUBLIC SCHOOLS
SCHOOL RESOURCE OFFICER AGREEMENT
THIS AGREEMENT, is made and entered into this day of , 2010, by and
between the SCHOOL BOARD OF SEMINOLE COUNTY, FLORIDA, whose address is
400 East Lake Mary Blvd., Sanford, Florida 32773 (hereinafter referred to as "School Board "),
and the CITY OF WINTER SPRINGS, FLORIDA a municipal corporation, whose address is
1126 E. State Road 434, Winter Springs, Florida 32708 (hereinafter referred to as "Agency ").
WITNESSETH:
WHEREAS, the parties desire to implement the provisions of section 1006.12, Florida Statutes,
School Resource Officer Program, by entering into an inter - agency agreement; and
WHEREAS, the School Board has requested that the Agency provide law enforcement
personnel at Indian Trails Middle and Winter Springs High School for service as a School
Resource Officer; and
WHEREAS, the Agency has agreed to provide law enforcement personnel to perform the duties
and responsibilities of a School Resource Officer at Indian Trails Middle School and Winter
Springs High School under the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual considerations, understandings and
covenants set forth herein, the parties agree as follows:
1. TERM: The term of this Agreement is one (1) School Board fiscal year
commencing July 1, 2010, and continuing until June 30, 2011, the date of signature by the parties
notwithstanding. This agreement may be renewed for successive terms of like duration by
mutual written agreement of the parties and upon such terms as they shall agree.
2. PURPOSE: The purpose of this Agreement is to foster better relations and
communications between the School Board and the Agency and between students and law
enforcement personnel; to deter crime on or about school premises by the presence of a law
enforcement officer; to enforce local, state, and federal laws; and to have law enforcement
officers available for presentations to the students, faculty, and parents concerning law
enforcement and various law enforcement related subjects.
3. SERVICES: The Agency agrees to provide two (2) full time School Resource Officers
who will perform such duties set forth in EXHIBIT A (School Resource Officer), which is
attached hereto and made a part hereof for all purposes by this reference and attachment. Each
officer provided shall at a minimum be equipped with a patrol vehicle, personal weapon,
personal communications unit, and such other equipment as is standard for, and deemed
necessary by, the Agency. The Agency shall have the sole discretion to assign any of its qualified
law enforcement officers to the position of School Resource Officer. In furtherance of that
discretion, the Agency shall have the sole discretion to hire, discharge, and discipline any School
Resource Officer provided under this Agreement.
4. COMPENSATION: The School Board will pay to the City of Winter Springs the sum
of Sixty -Eight Thousand Seven Hundred Thirty -Six and 34/100 Dollars ($68,736.34) in eight (8)
equal installment payments in the amount of Eight Thousand Five Hundred Ninety -Two and
04/100 Dollars ($8,592.04). The installment payments shall commence on October 5, 2010 and
shall be paid on the 5 day of each month thereafter through May, 2011.
5. COOPERATION: The parties to this agreement agree that their respective officers,
employees and agents will mutually cooperate with each other to insure that this Agreement is
fully performed to achieve the purpose set forth herein and the goals set forth in section 1006.12,
Florida Statutes.
6. LIABILITY FOR SALARIES, BENEFITS AND OTHER COMPENSATION: The
Agency agrees to provide and pay for the salary and employment benefits of the School
Resource Officers provided under this Agreement. Said salary and benefits shall be in
accordance with the applicable salary schedule and employment practices of the Agency
including, but not limited to, sick leave, vacation leave, retirement compensation, disability,
worker's compensation, unemployment compensation, life insurance, and medical insurance.
7. LIABILITY FOR INJURY OR SICKNESS: To the extent that a School Resource
Officer is injured or becomes sick while performing the duties of a School Resource Officer, the
Agency shall be responsible for said injury or sickness in accordance with the Agency's
employment practices. The School Board shall not be liable for said injuries or sickness arising
out of performance of duties hereunder by the School Resource Officer.
8. EVIDENCE OF SELF - INSURANCE AND RECIPROCAL INDEMNITY:
(a) The School Board and the Agency shall, throughout the performance of their obligations
pursuant to this agreement, maintain a program of self - insurance pursuant to the provisions of
section 768.28(16)(a), Florida Statutes, and shall provide each other with a certificate of self -
insurance or insurance, as the same may be amended at any time and from time to time covering
the limits of liability set forth in section 768.28(5), Florida Statutes and requirements prescribed
by section 440.38, Florida Statutes and a certificate of insurance for any insurance that the
School Board or the Agency maintains that provides coverage in excess of any self - insurance
retention under its program of self - insurance.
(b) The Parties mutually agree to indemnify each other for any injury or loss of property,
personal injury, or death to the extent determined to have been caused by the negligent or
wrongful act or omission of any employee of a Party while acting within the scope of the
employee's office or employment under circumstances in which the School Board or the Agency,
if a private person, would be liable to a claimant, but only to the extent of the partial waiver of
sovereign immunity set forth in section 768.28, Florida Statutes and then only to the limits
prescribed by section 768.28(5), Florida Statutes. Neither party shall be liable to pay a claim or a
judgment by any one person which exceeds the sum of $100,000 or any claim or judgment, or
portions thereof, which, when totaled with all other claims or judgments paid by the state or its
agencies or subdivisions arising out of the same incident or occurrence, exceeds the sum of
$200,000, unless and except that portion of any judgment that exceeds these amounts as may be
reported to the Legislature, but then only to extent as provided by an act of the Legislature that
becomes law.
(c) The provisions of this paragraph 8 shall survive the termination of this Agreement and be
fully binding upon the parties until such time as any and all claims are barred by any applicable
statute in limitation of actions has expired.
9. EMPLOYEE STATUS:
(a) The School Resource Officer shall be deemed at all times to be an employee of the
Agency and not an employee or agents of the School Board. The School Resource Officer shall
at all times be deemed to be an employee of the agency and not of the School Board for purposes
of workers' compensation and tort liability pursuant to 768.28, Florida Statutes. At all times
when the School Resource Officer is in the performance of duties hereunder, the officer shall be
deemed to be acting within the course and scope of the officer's employment as an officer,
employee or agent of the Agency.
(b) It is understood and agreed by the parties that no School Resource Officer shall be
deemed an employee of the School Board and that no officer or employee of the School Board
shall be an employee of the Agency.
10. DESIGNATED CONTRACT ADMINISTRATOR:
a. For the School Board:
Bob DeVecchio, Coordinator of Safety & Security Services
Seminole County Public Schools
400 East Lake Mary Blvd.
Sanford, Florida 32773
b. For the Agency:
Kevin Brunelle, Chief of Police
Winter Springs Police Department
300 North Moss Road
Winter Springs , FL 32708
11. NOTICES: Whenever any party desires or is required by law to give any notice to the
other party, notice shall be sent by certified mail or hand delivered.
a. For the School Board:
Dr. Bill Vogel, Superintendent
Seminole County Public Schools
400 East Lake Mary Blvd.
Sanford, Florida 32773
b. For the Agency:
Kevin Brunelle, Chief of Police
Winter Springs Police Department
300 North Moss Road
Winter Springs, Florida 32708
I
In addition, a copy of all notices shall be mailed/delivered to the designated contract
administrator. Any change in either the agency head or the contract administrator shall be
noticed in writing to the other party.
12. AGENCY RELATIONSHIP:
(a) The parties recognize that the School Resource Officer is a law enforcement officer and
not a school administrator or employee. In all matters relating to the performance of law
enforcement functions such as criminal incident investigations, the officer shall be subject to the
direction of the officer's agency's standard operating procedures and agency supervisor. In the
event the Agency shall require the officer to assist with emergencies or civil disturbances off
school premises, the officer shall be permitted to immediately respond by the school principal.
Any such emergency or exigent situations shall not affect any compensation required to be paid
to the Agency by the School Board.
(b) All policy disputes shall be referred by the principal to his/her executive director and to
the School Resource Officer supervisor for resolution.
13. TERMINATION: This agreement may be terminated by any party at any time, upon not
less than thirty (30) days written notice delivered by Certified Mail, Return Receipt Requested,
or in person to the other parties.
14. 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 agreements 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.
[Signature Page Follows]
Executed in Seminole County, Florida on the dates as shown:
ATT CITY OF WINTER SP' ;CGS
_._
And orenzo- Luaces, City Clerk evin L. City Manager
DATE: August 11, 2010 DATE: August 11, 2010
Approve . s to form and legal sufficiency:
DATE: /
Anthony A. Garganese, City Attorney
As authorized by the City Commission on: $ /p //
ATTEST: SEMINO E COUNTY SCHOOL DISTRICT
BY: Ai& d.kt .:7
Dr. Bill Vogel, Superintendent Sandy Robinson, School Board Chairman
DATE: `d -/(3 DATE: - 31 —/p
Approved as to form and legal sufficiency:
q-zoto
I DATE:
Ned Julian, Schoo B Ord Attorrfgy
J
As authorized for execution by the School Board in its meeting of $ - 3 [ - , 2010.
. •
•
r
EXHIBIT "A"
SCHOOL RESOURCE OFFICER
1. Anything set forth herein to the contrary, the school resource officer shall at all times
perform his/her duties in accordance with the Agency's standard operating procedures.
2. The powers and duties of the school resource officer as a law enforcement officer shall
continue throughout the school resource officer's assignment in that capacity.
3. The school resource officer shall be responsible to his/her agency in all matters relating to
employment, except that activities conducted by the school resource officer which are part of the
regular school instructional program shall be under the direction of the principal.
4. The school officer will be familiar with the operation of audio - visual equipment generally
in use in the school.
5. The officer will report in and out when the officer arrives at or leaves a campus.
6. When school is not in session, the officer shall perform such duties as are directed by his
agency. The principal or his designee shall advise the officer's agency supervisor of the school's
calendar.
7. The officer will make contact reports for each student counseled. The contact reports
will be filed with the school's guidance department. No students will be contacted during school
hours and on the school campus about their suspected criminal activity without notice to the
school principal and except in accordance with the officer's agency's standards operating
procedures.
8. All student record information will be maintained in accordance with the provisions of
section 1002.22, Florida Statutes.
9. a. The officer will integrate with the students between class breaks, during lunch
periods, before and after school and at school activities at which the officer is in attendance in
the course of his employment duties;
b. The officer will serve as a referral resource for students, faculty and parents to
community agencies;
c. The officer will serve as a law enforcement resource person to the school
administration, the school security officers and the district chief of security;
d. The officer will assist the school principal, school security officer and district
chief of security in developing plans and strategies for the prevention and control of dangerous
situations at the school;
e. The officer will coordinate activities with the school guidance department in an
effort to identify those students who exhibit indications of early delinquent behavior.
10. The officer shall participate in such classroom teaching activities as are deemed
appropriate by the Agency and the school principal.