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HomeMy WebLinkAbout2009 09 28 Consent 202 Renewal Of The Annual School Resource Officer Inter-Agency Agreement Contract With The Seminole County School Board COMMISSION AGENDA ITEM 202 September 28, 2009 Meeting ~/DE~-' Authorization REQUEST: The Police Department requests the Commission to give approval for the renewal of the annual School Resource Officer inter-agency agreement contract with the Seminole County School Board. PURPOSE: 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. 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 $55,483.79 in eight (8} equal installments commencing October 5 to be paid on the Stn day of each month. 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. FUNDING: As part of providing these officers to the schools mentioned above, the School Board will pay the city $55,483.79 in eight (8) equal installments commencing October 5 to be paid on the 5`n day of each month. RECOMMENDATION: The Police Department recommends the Commission approve the new inter-agency contract for the two School Resource Officers and to authorize the Mayor and City Attorney to prepare and execute any and all applicable documents. 1 IMPLEMENTATION SCHEDULE: Immediately upon Commission approval. ATTACHMENTS: Copy of the contract submitted to the Police Department. COMMISSION ACTION: DaQf~4 SEMINOLE COUNTY PUBLIC SCHOOLS SCHOOL RESOURCE OFFICER AGREEMENT THIS AGREEMENT, is made and entered into this day of September, 2009, 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, 2009, and continuing until June 30, 2010, 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 Fifty-Five Thousand Four Hundred Eighty Three Dollars and 79/100 ($55,483.80) in DG1QG~4 eight (8) equal installment payments in the amount of ($6,935.48). The installment payments shall commence on October 5, 2009 and shall be paid on the St" day of each month thereafter through May, 2010. 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. DGtQl~4 (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 DGl~f~~ 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] DG;Gf~4 Executed in Seminole County, Florida on the dates as shown: ATTEST: CITY OF WINTER SPRINGS Andrea Loreno-Luaces, City Clerk John F. Bush, Mayor DATE: DATE: Approved as to form and legal sufficiency: Anthony A. Garganese, City Attorney As authorized by the City Commission on: ATTEST: BY: Dr. Bill Vogel, Superintendent DATE: Approved as to form and legal sufficiency: Ned Julian, School Board Attorney DATE: SEMINOLE COUNTY SCHOOL DISTRICT Dede Schaffner, School Board Chairman DATE: DATE: As authorized for execution by the School Board in its meeting of 2009. DWQI~4 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, AGREEMENT, is made and entered into this )3 day of Ste, 2009, 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, 2009, and continuing until June 30, 2010, 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 Fifty -Five Thousand Four Hundred Eighty Three Dollars and 79/100 ($55,483.80) in eight (8) equal installment payments in the amount of ($6,935.48). The installment payments shall commence on October 5, 2009 and shall be paid on the 5 day of each month thereafter through May, 2010. 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] g • Executed in Seminole County, Florida on the dates as shown: ATTE . P. a OF WINTER SPRINGS � 1 e � /I 4 t!.. An• ' ► • oreno- Luaces, City Clerk J fLw F. Bush, Mayor DAT' : 44 -18 .,>,c DATE: Approve to form and legal sufficiency: ?. DATE: Anthony A. Garganese, City Attorney /I q As authorized by the City Commission on: � �ln a�� I . ATTEST: SEMINOLE C NTY S OOL DISTRICT Aeile �/ BY: Dr. Bill Vogel, Superintendent Dede Schaffner, School Board Chairman DATE: I 01 (y-1 ea) DATE: /0 11/..r-d Approved as to form and legal sufficiency: DATE: I 1) � Ned Julian, S ool Bo Attorney As authorized for execution by the School Board in its meeting of (rJ , 2009. 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.