HomeMy WebLinkAbout2014 08 25 Consent 301 School Resource Officer Contract 2014-2015
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SEMINOLE COUNTY PUBLIC SCHOOLS
SCHOOL RESOURCE OFFICER AGREEMENT
THIS AGREEMENT
, is made and entered into this ____day of September, 2014 by and
SCHOOL BOARD OF SEMINOLE COUNTY, FLORIDA,
between the whose address is
School Board
400 East Lake Mary Blvd., Sanford, Florida 32773 (hereinafter referred to as “”),
CITY OF WINTER SPRINGS, FLORIDA
and the a municipal corporation, whose address is
Agency
1126 E. State Road 434, Winter Springs, Florida 32708 (hereinafter referred to as “”).
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 School 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:
TERM:
1. The term of this Agreement is one (1) School Board fiscal year
commencing July 1, 2014, and continuing until June 30, 2015, 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.
PURPOSE:
2. 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.
SERVICES:
3. The Agency agrees to provide two (2) full time School Resource Officers
EXHIBIT A
who will perform such duties set forth in (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.
COMPENSATION:
4. The School Board will pay to the City of Winter Springs the sum
of Sixty Seven Thousand Five Hundred Seven Dollars and 98/100 ($67,507.98) in seven (7)
equal installment payments in the amount of ($8,438.49) and 1 payment of ($8,438.55). The
st
installment payments shall commence on October 1, 2014 and shall be paid on the 1 day of each
month thereafter through May, 2015.
COOPERATION:
5. 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.
LIABILITY FOR SALARIES, BENEFITS AND OTHER COMPENSATION:
6.
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.
LIABILITY FOR INJURY OR SICKNESS:
7. 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.
INDEMNIFICATION:
8.
a.) The AGENCY shall indemnify and hold the SCHOOL BOARD, its officers, employees and
agents, and hold harmless to the extent permitted by Florida law as set forth in § 768.28 Fla.
Stat., from any liability, loss, damage, judgment, lien, expense and cost sustained or incurred in
connection with any claims, suits, actions or proceedings made or brought against the SCHOOL
BOARD as a result of any wrongful or negligent acts or omissions of the AGENCY, its officers,
employees or agents, while acting within the scope of the employee’s office or employment or
while in the performance of its obligations under this Agreement arising under § 768.28, Fla.
Stat.
b.) Further, the Agency shall fully indemnify and hold the SCHOOL BOARD harmless from
any liability, loss, damage, judgment, lien, expense and cost sustained or incurred arising out of
any claim, suit, action, or proceeding made or brought against the SCHOOL BOARD as a result
of any wrongful or negligent act or omission of the AGENCY, its officers, employees, or agents,
not subject to sovereign immunity or the partial waiver thereof by § 768.28, Fla. Stat., including
but not limited to claims arising under 42 U.C.A. § 1983.
c.) The agreements hereinabove set forth at 8.a. and 8.b., 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.
EMPLOYEE STATUS:
9. (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.
DESIGNATED CONTRACT ADMINISTRATOR:
10.
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
NOTICES:
11. 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:
Walt Griffin, Ed.D., 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.
AGENCY RELATIONSHIP:
12. (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 notify 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.
TERMINATION:
13. 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.
ENTIRE AGREEMENT:
14.
(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 Loreno-Luaces, City Clerk Charles Lacey, Mayor
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:
Walt Griffin, Ed.D, Superintendent Karen Almond, School Board Chairman
DATE: ____________________________ DATE: _____________________________
Approved as to form and legal sufficiency:
DATE:
Serita D. Beamon, School Board Attorney
As authorized for execution by the School Board in its meeting of , 2014.
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 officer’s 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/her 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 or his/her designee 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
1002.22 F.S.
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 school principal.