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HomeMy WebLinkAbout2008 08 11 Consent 203 Renew Annual School Resource Officers Inter-Agency Agreement COMMISSION AGENDA ITEM 203 CONSENT X INFORMATIONAL PUBLIC HEARING REGULAR August 11. 2008 Meeting MGR#I..t-t /DEP~ ' . Authorizati;nV REQUEST: Police Department requesting the Commission to give approval for the City Manager and Police Chief to renew the annual School Resource Officers inter- agency agreement between the City of Winter Springs and Seminole County School Board. PURPOSE: To inform and seek the consent of the Commission to renew the School Resource Officers inter-agency agreement for Winter Springs High School, Indian Trails Middle School, and Winter Springs Elementary. CONSIDERATIONS: The City and Seminole County School Board have a yearly inter-agency agreement that provides for School Resource Officers at Winter Springs High School, Indian Trails Middle School, and Winter Springs Elementary. This agreement is based on Seminole County School Boards fiscal year commencing July 1, 2008 and expiring on June 30, 2009. Seminole County School Board agrees to compensate the City for all three School Resource Officers during the term of this agreement. The City will be compensated in the amount of $63,783.76 to begin October 1,2008 in equal payments of$ 7,972.97 through May 2009. Federal and State law requires that this agreement must be authorized by the Commission of the City during one of its regularly scheduled meetings. FUNDING: None required. RECOMMENDATION: Approve renewal ofthe School Resource Officers contract. IMPLEMENT A TION SCHEDULE: Immediately upon approval by Commission. ATTACHMENTS: Copy of inter-agency agreement from Seminole County School Board. COMMISSION ACTION: SEMINOLE COUNTY PUBLIC SCHOOLS SCHOOL RESOURCE OFFICER AGREEMENT THIS AGREEMENT, is made and entered into 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", the City of Winter Springs, Florida a municipal corporation, hereinafter referred to as "The Agency". WITNESSETH: WHEREAS, the parties desire to implement the provisions of 1 006.12, 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 in certain Seminole County Public Schools for service as a School Resource Officer. WHEREAS, the Agency has agreed to provide law enforcement personnel to perform the duties and responsibilities of a School Resource Officer in certain Seminole County Public Schools; 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 fiscal year commencing July 1, 2008, and continuing until June 30, 2009, the date of signature by the parties notwithstanding. This agreement may be renewed for successive terms of like duration by mutual agreement of the parties and upon such terms as they shall agree. 2. PURPOSE: 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 officer available for presentations to the students, faculty, and parents concerning law enforcement and various law enforcement related subjects. 4. SERVICES: The Agency agrees to provide (3) three full time School Resource Officers who will perform such duties set forth in Exhibit A (School Resource Officer), which are 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, personal communications unit, and such other equipment as is standard for the agency. 5. COMPENSATION: a.) The School Board will pay to the City of Winter Springs the sum of Sixty-Three Thousand Seven Hundred Eighty-Three Dollars and 79/1 00 ($63,783.79) in 8 equal payments in the amount of ($7,972.97) in accordance with the following schedule of payments: Page 1 Initial payment: Amount: $7,972:97 Date of Payment: October 3, 2008 b.) All subsequent payments shall be in equal amounts of $7,972.97 and shall be payable on or before the 3rd day of each month thereafter through May, 2009. 6. 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 goals set forth in 1006.12. 7. LIABILITY FOR SALARIES. BENEFITS AND OTHER COMPENSATION: The SCHOOL BOARD shall not be liable for the payment of any sums or indemnification to the City, or any of its employees, for injuries or sickness arising out of performance of duties hereunder by the School Resource Officer. 8. LIABILITY FOR INJURY OR SICKNESS: The SCHOOL BOARD shall not be liable for the payment of any sums or indemnification to the City, or any of its employees, for injuries or sickness arising out of performance of duties hereunder by the School Resource Officer. 9. INDEMNIFICATION: a.) The SCHOOL BOARD agrees to indemnify and hold the AGENCY, its officers, employees and agents harmless to the extent permitted by Florida law as set forth in S 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 AGENCY as a result of any wrongful or negligent act or omissions of the SCHOOL BOARD, its officers, employees or agents, while acting within the scope of the employee's office or employment and while in the performance of its obligations under this Agreement. b.) The AGENCY agrees to 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 S 768.28, 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 and while in the performance of its obligations under this Agreement. 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 has expired. Page 2 10. 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. 11. DESIGNATED CONTRACT ADMINISTRATOR: a. For the School Board: Gene Grace Seminole County Public Schools 400 East Lake Mary Blvd. Sanford, Florida 32773 b. For the Agency: Daniel J. Kerr, Chief of Police Winter Springs Police Department 300 North Moss Road Winter Springs, FL 32708 12. 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: Daniel J. Kerr, 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. Page 3 13. 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 respond by the school principal. Any such exigent situation 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 by the School Resource Officer supervisor for resolution. 14. 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. 15. 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. Executed at Winter Springs, Seminole County, Florida on the dates as shown: ATTEST: City Clerk Mayor/Commissioner DATE: DATE: Approved as to form and legal sufficiency: DATE: City Attorney City of Winter Springs Page 4 ATTEST: BY: Date: Dr. Bill Vogel, Superintendent Diane Bauer, School Board Chairman Date: , 2008. As authorized for execution by the School Board in its meeting of Page 5 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 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 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. EXHIBIT "A"