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HomeMy WebLinkAbout2016 09 12 Consent 307 School Resource Officer Contract 2016-2017COMMISSION AGENDA ITEM 307 Informational Consent X Public Hearings Regular September 12, 2016 KS SB Regular Meeting City Manager Department REQUEST: The Police Department requests the Commission approve the renewal of the annual School Resource Officer (SRO) inter - agency agreement with the Seminole County School Board and authorize the City Attorney to prepare and the City Manager to execute any and all related documents on behalf of the City. SYNOPSIS: The Police Department is seeking approval of the Commission to renew our annual School Resource Officer (SRO) inter - agency contract with the Seminole County School Board for 2016 -2017. This agreement continues to cover Winter Springs High School and Indian Trails Middle School. Funding for these officers is to be shared between the City and the School Board in a 50 -50 arrangement as outlined in this agenda item. CONSIDERATIONS: As in years past, the City and Seminole County School Board both have an inter - agency agreement that provides School Resource Officers to our 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 $68,409.13 in three (3) equal installments of $17,102.28, and one final installment of $17,102.29 commencing third quarter 2016 to be paid on the fifteenth day of August 2016, November 2016, February 2017, and May 2017. 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 Consent 307 PAGE 1 OF 2 - September 12, 2016 the contract and allow the City Manager to execute the document upon approval, after preparation and review of the City Attorney. FISCAL IMPACT: As part of providing these officers to the schools mentioned above, the School Board will pay the city $68,409.13 in three (3) equal installments of $17,102.28, and one final installment of $17,102.29 commencing third quarter 2016 to be paid on the fifteenth day of August 2016, November 2016, February 2017, and May 2017. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at six (6) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The Police Department recommends the Commission approve the 2016 -2017 inter - agency contract with the Seminole County School Board for the two School Resource Officers and to authorize the City Attorney to prepare and City Manager to execute any and all applicable documents. ATTACHMENTS: A- Copy of the 2016 -2017 contract submitted to the Police Department. Consent 307 PAGE 2 OF 2 - September 12, 2016 SCHOOL RESOURCE OFFICER AGREEMENT 2016 -2017 THIS AGREEMENT is made and entered into by and between the SCHOOL BOARD OF SEMINOLE COUNTY, hereinafter referred to as `SCHOOL BOARD ", whose address is 400 East Lake Mary Blvd., Sanford, Florida, 32773, and the CITY OF WINTER SPRINGS, a municipal corporation, hereinafter referred to as "The Agency ". WITNES SETH: WHEREAS, in accordance with Section 163.01 Florida Statutes, the Agency and the School Board are authorized to enter into inter - local agreements for the provision of services; and WHEREAS, both parties named herein desire to implement the provisions of Section 1006.12 Florida Statutes which provides for a School Resource Officer Program; and WHEREAS, the SCHOOL BOARD and AGENCY has requested that the AGENCY provide law enforcement personnel in certain Seminole County Public Schools to provide services as School Resource Officers; and WHEREAS, the AGENCY has agreed to provide law enforcement officers to perform the duties of School Resource Officer in certain Seminole County Public Schools; and WHEREAS, the SCHOOL BOARD has established a Seminole County Public School Safety and Security Manager to enhance existing school safety initiatives in existence between the SCHOOL BOARD and county and municipal law enforcement participants in the School Resource Officer Program and the Focus on Safety Program administered through Seminole County Public Schools; and WHEREAS, the Seminole County Public School Safety and Security Manager has many duties and responsibilities and among them is the responsibility for providing oversight of the School Resource Officer Program (hereinafter referred to as SRO) and Focus on Safety Program administered within Seminole County Schools which includes oversight in the areas of selection requirements, training, curriculum, the provision of services, and compliance with minimum training requirements. NOW, THEREFORE, in consideration of the mutual understandings and agreements set forth herein, the SCHOOL BOARD and AGENCY agree as follows: 1 1. Term and Termination a. The TERM of this Agreement shall be from July 1, 2016 until June 30, 2017, the date of signatures by the parties notwithstanding, and subject to annual appropriation by both parties. b. This Agreement may be terminated by either party, with or without cause, by providing thirty (30) days written notification in advance to the other party. In the event of termination, payment for services will be prorated to coincide with the date of termination. 2. Purpose a. The purpose of this Agreement is to foster better relations 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 students, faculty and parents concerning law enforcement, school safety and related law enforcement subjects. b. To enhance existing school safety initiatives in existence between the SCHOOL BOARD, and county and municipal law enforcement participants in the School Resource Program and the Focus on Safety Program and establish uniformity through direction of the School Safety and Security Manager so that effective crisis preparedness and uniform response to threats to student safety, both real and threatened, within the school environment are addressed. 3. Cooperation It is agreed that all parties shall provide all reasonable and necessary cooperation and assistance so as to facilitate this Agreement and achieve the goals set forth in section 1006.12 Florida Statutes. It is also agreed that all parties will provide all reasonable and necessary cooperation so as to facilitate accomplishment of the SCHOOL BOARD'S goals and objectives of the School Safety & Security Manager position and the duties and responsibilities of the School Safety & Security Manager. 4. Basic Services K The AGENCY agrees to: a. Provide two (2) School Resource Officers full -time who will perform the duties set forth in Exhibit A (School Resource Officer) which is attached hereto and made a part hereof for all purposes by reference and attachment. Each Officer provided shall, at a minimum, be equipped with a patrol vehicle, personal weapon, radio, and other such equipment issued by the AGENCY to officer. Additionally, each officer assigned shall maintain full fitness for duty in order to be able to respond to crisis situations. b. Facilitate the provision and payment of training for officers assigned, to fulfill the terms of this Agreement, and their assignment consistent with the specific job function so that they can satisfactorily perform law enforcement duties in a public school environment. Specialized training includes but is not limited to the following: Basic School Resource Officer Training, Instructor Techniques, Focus on Safety, Trauma Informed Care, Crisis Intervention, Cyber Safety - Social Media Dangers and Awareness, Autism Awareness, Bullying Prevention and Exceptional Student Education Awareness Training. c. Provide for the payment of all salaries, wages, other compensation, and benefits for all officers assigned to perform services set forth in this Agreement. d. Assure that the School Resource Officer uses any information made accessible to him or her by the SCHOOL BOARD or the School Safety and Security Manager, pursuant to this agreement, only for the purposes for which the disclosure was made. AGENCY acknowledges and agrees that the assigned School Resource Officer are not "school officials" pursuant to 1002.221, Fla. Stat., 20 U.S.C. §1232g, and the federal regulations issued pursuant thereto.. A disclosure of unauthorized information by the assigned School Resource Officer to any person or party of unauthorized confidential information will result in the immediate termination of the assigned Officer and may also result in termination of this agreement. The SCHOOL BOARD agrees to: a. Fund fifty percent (50 %) of the personnel costs, including benefits, but excluding overtime for all Agency personnel assigned to perform services as set forth in this agreement for the twelve month period from July 1, 2016 to June 30, 2017. 3 b. Provide the assigned School Resource Officer 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 access, school staff contact information, directory information-pursuant to School Board Policy 5.71, if deemed necessary by the School Board to address a specific, school or safety response identified by School Board or the principal- BOTH PARTIES agree: a. To work cooperatively with the School Board and the School Safety and Security Manager to proactively address school security issues and to provide students, faculty, and parents with quality law enforcement services and the safest learning environment possible. b. To work cooperatively with the School Board and the School Safety and Security Manager to equip elementary school students with the right safety skills to make informed decisions in life and build a positive relationship with law enforcement officers. c. That School Resource Officers are at all times employees of the AGENCY inclusive of purposes for workers compensation and tort liability pursuant to section 768.28 Florida Statutes. School Resource Officers, when performing their duties, shall be deemed to be acting within the course and scope of the officer's employment with the AGENCY. Appointment of School Resource Officers will be made by the AGENCY in coordination with the Superintendent and his designee(s), shall assign officers to specific schools based upon many factors to include, but not limited to: seniority, experience as a School Resource Officer, conflicts or potential conflicts of interest (i.e., personal relationships with administrators, students, and /or teachers), and the needs and requests of the Superintendent. d. That School Resource Officers are law enforcement officers and not a school administrator or employee. In all matters relating to the performance of law enforcement functions such as criminal incident investigations and on- campus arrests, the officer shall be subject to all standard operating procedures of the AGENCY and applicable local, state or federal law. :l e. School Resource Officers shall not act as school disciplinarians, as disciplining students is a school responsibility. School officials shall handle matters involving school disciplinary matters of students which are of a non - criminal nature. However, if the principal or his or her designee believes that an incident rise to the level of a violation of the law, the principal or his or her designee is to contact the assigned School Resource Officer. The School Resource Officer shall then determine whether law enforcement action is appropriate. The School Resource Officer is encouraged to seek consultation with his or her agency supervisor in any matter or situation he deems appropriate. f In all situations wherein the assigned School Resource Officer contemplates criminal charges involving any employee of the School Board, the matter shall first be brought to the attention of the School Safety and Security Manager and his assigned agency supervisor for review. g. That in the event the AGENCY shall require any officer performing duties under the terms of this Agreement to assist with emergencies or civil disturbances off school premises, the officer shall be permitted, upon providing notice to the principal, to respond. Any such exigent situation shall not affect any compensation required to be paid to the AGENCY by the SCHOOL BOARD. 5. Services This Agreement may be modified by addendum for additional services to be performed by the AGENCY if mutually agreed upon by both parties and set forth in writing. Any Addendum shall set forth additional services to be performed and compensation for said services. 6. Compensation and Payment a. The SCHOOL BOARD agrees to reimburse the AGENCY for providing School Resource Officers as set forth below: 5 50% of Annual Cost for 2 Officers at $68,409.13 per Officer $68,409.13 Billable total for Fiscal Year 2016/17 $68,409.13 Quarterly Rate $17,102.28 5 Payment shall be in accordance with the following schedule for the contract period: Performance Period Quarterly Payment Payment Due FYI (July - Sept 2016) $17,102.28 August 15, 2016 FYI (Oct - Dec 2016) $17,102.28 November 15, 2016 FYI (Jan - Mar 2017) $17,102.28 February 15, 2017 FYI 6 (Apr - Jun 2017) $17,102.29 May 15, 2017 Total Payments for Contract Period $68,409.13 b. Invoices will be sent by the AGENCY to the SCHOOL BOARD at least 15 days prior to the payment due date. The SCHOOL BOARD shall remit payments to the following address: Winter Springs Police Department 300 North Moss Road Winter Springs, FL 32708 c. The AGENCY shall no later than June 1st of each year, submit to the SCHOOL BOARD the cost for providing services as set forth in this Agreement for the upcoming school district fiscal year beginning July 1st. This anticipated cost shall not be binding upon the SCHOOL BOARD and shall be subject to negotiation between the AGENCY and the SCHOOL BOARD. 7. Hold Harmless a. The SCHOOL BOARD agrees to hold harmless the AGENCY, its officers, employees and agents, 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 AGENCY as a result of any act or omissions of the SCHOOL BOARD, its officers, employees or agents, in the performance of its obligations under this Agreement. b. The AGENCY agrees to hold harmless the SCHOOL BOARD, its officers, employees and agents, 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 acts or omissions of the AGENCY, its officers, employees or agents. L c. The AGENCY and the SCHOOL BOARD shall each be 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 of either party by the other. The AGENCY and the SCHOOL BOARD are each a political subdivision of the State of Florida and enjoy the privilege of limited Sovereign Immunity as set forth in Section 768.28, Florida Statutes related to sovereign immunity and limitations on damages arising from actions in tort. 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 or agents. 8. Dispute Resolution a. All policy disputes shall be referred by the principal to his /her executive director and by the School Resource Officer to the School Safety and Security Manager and to his /her agency department supervisor for resolution. b. In the event the principal of the school to which the SRO is assigned feels that the particular SRO is not effectively performing his or her duties and responsibilities, the principal shall recommend to the Superintendent of Schools or his designee that the officer be removed from the program at his /her school and shall state the reasons therefore in writing. i. Within a reasonable time after receiving the recommendation from the principal, the Superintendent or his designee shall advise the Agency or his designee of the principal's request. ii. If the Agency so desires, the Superintendent, and the Agency or their designees shall meet with the officer to mediate or resolve any problems which may exist. iii. If, within a reasonable amount of time after commencement of such mediation, the problem cannot be resolved or mediated, then the officer shall be removed from the program at the school and a replacement shall be assigned by the Agency after input from the School Safety and Security Manager and the Superintendent. c. This Agreement shall be governed by and construed with the laws of the State of Florida. Venue shall be in Seminole County, Florida. 7 d. The Agency and the School Superintendent shall meet in an effort to resolve any disputes concerning this Agreement prior to the initiation of any litigation save and except for claims arising from actions as set forth in Section 768.28 Florida Statutes or other pertinent Florida Statutes or Federal law. 9. Notices Whenever any party desires or is required by law to give notice unto the other party, notice shall be sent by certified mail or hand delivered to: For School Board: For the Agency: Walt Griffin, Ed.D., Superintendent Seminole County Public Schools 400 East Lake Mary Blvd. Sanford, Fl. 32773 Kevin Brunelle, Chief of Police Winter Springs Police Department 300 North Moss Road Winter Springs, FL 32708 10. Agreement Point of Contact For purposes of administration, interpretation, and resolution of issues arising from interpretation of this Agreement, the following individuals are designated as agency points of contact: For School Board: For the Agency: Lt. Richard Francis Seminole County Safety and Security Manager Seminole County Public Schools 400 East lake Mary Blvd. Sanford, Fl. 32773 Kevin Brunelle, Chief of Police Winter Springs Police Department Ej 300 North Moss Road Winter Springs, FL 32708 11. 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. IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be affixed hereto by the proper officers thereof for the purposes herein expressed. The School Board of Seminole County IM Walt Griffin, Ed.D., Superintendent IM Serita D. Beamon, School Board Attorney Tina Calderone, Ed.D., School Board Chairman As authorized for execution by the School Board in its regular meeting of 2017. City of Winter Springs Andrea Loreno - Luaces, City Clerk Charles Lacey, Mayor Date: Date: 9 Approved as to form and legal sufficiency: Anthony A. Garganese, City Attorney As authorized by the City Commission on: 10 Date: EXHIBIT "A" SCHOOL RESOURCE OFFICER DUTIES AND RESPONSIBILITIES In addition to the routine duties and responsibilities of a Winter Springs Police Officer, a School Resource Officer will have the following specific duties and responsibilities: 1. The School Resource Officer shall at all times perform his /her duties in accordance with Agency standard operating procedures. 2. The School Resource Officer shall maintain all law enforcement powers, duties and responsibilities inclusive of his /her position as an officer while assigned to the School Resource Officer Program. 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 or his /her designee and the Seminole County Safety and Security Manager. 4. The School Resource Officer will be at his or her School during the normal full -time basis of eight (8) hours on those days and during those hours that the school is in regular session. Additional reporting times such as during summer school session may be provided for upon request of the school principal as authorized by the Agency and the Superintendent or their designees and coordinated with the School Safety and Security Manager. If the School Resource Officer is unable to be on campus or needs to leave campus, for any extended period of time due to a law enforcement matter such as processing an arrested juvenile, a replacement officer will be provided to relieve said officer. Additionally, any absence will be coordinated with the principal or his /her designee, and the Officer's agency Supervisor. Notice shall be provided to the Seminole County School Safety and Security Manager. 5. The School Resource Officer shall perform such duties as directed by his /her agency when school is not in regular session. The principal or his designee shall advise the Officer's supervisor of the school's calendar. 6. The School Resource Officer will make contact reports for each student counseled. The contact reports will be filed with the school's guidance department. 11 7. No students will be contacted during school hours in conjunction with a 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 Agency's standard operating procedures. 8. All student record information will be maintained in accordance with the provisions of Florida Statutes. 9. The School Resource Officer will interface with students between class breaks, during lunch periods, before and after school and at school activities at which the Officer is attendance. The School Resource Officer will not be assigned to a permanent school related duty post so as not to establish predictable patterns. 10. The School Resource Officer will serve as a referral resource for students, faculty, and parents to community agencies. 11. The School Resource Officer will serve as a law enforcement resource person to the school administration, school security officers and the School Safety and Security Manager. 12. The School Resource Officer will assist the school principal, school security officer and the School Safety and Resource Officer in developing plans and strategies for the prevention and control of dangerous situations at the school. 13. The School Resource Officer will coordinate activities with the school guidance department in an effort to identify services and /or resource materials for those students who exhibit indications of early delinquent behavior or are truant. 14. The School Resource Officer shall participate in classroom teaching activities as requested by the school principal. The School Resource Officer will be given appropriate classroom time for approved Juvenile Intervention and Crime Reduction programs. 15. At the principal's request, the School Resource Officer shall attend meetings of the school faculty, student council, parent- teacher organization, and other such school based meetings. The School Resource Officer agrees and understands that meetings and attendance at other school related functions may require attendance during non - routine hours. The School Resource Officer shall attend all meetings and training scheduled by the School Safety and Security Manager. 12 16. The School Resource Officer shall be informed of any situation occurring on school grounds that the principal or his /her designee believes to be a violation or the law or criminal in nature. 17. The School Resource Officer and principal shall work together to keep each other informed during the course of all criminal investigations. 18. The School Resource Officer shall communicate with the principal when determining whether a student arrest will be made or if there is an alternative solution to the incident, which would still be in compliance with Florida State Statute. The final decision for arrest or not to arrest will be with the attending School Resource Officer or Neighborhood Service Officer on scene at the incident. 19. The School Resource Officer shall be fully familiar with the Seminole County Student Conduct and Disciplinary Code, and particularly the School Board designated "Zero Tolerance" incidents on school grounds. 20. All sworn statements from the School Administrator(s), Teacher(s) and other staff members related to an incident where law enforcement action was deemed to be appropriate, must be provided to the School Resource Officer prior to the end of the day that the incident or event occurred. 21. School Resource officers are expected to conduct regular safety and security checks and report them to the School Safety and Security Manager if they cannot be resolved or corrected in a timely manner. 22. School Resource Officers will assist school administration to assure faculty and student readiness for all potential hazards and critical incidents. 23. The primary responsibility of the School Resource Officer is the safety of all students, staff and school property and to provide emergency response and stabilization of critical school incidents. 24. The SRO is required to complete all required training as set for in this agreement or designated by the School Safety and Security Manager by June 30, 2017. 25. Upon request of the Principal, the SRO may be authorized by AGENCY to travel with the school on field trips and /or sporting events. Each such request will be addressed on a case -by -case basis and will not alter the terms and conditions of this Agreement. 13 14