HomeMy WebLinkAbout1720 2015 SCPS/SRO AgreementSEMINOLE 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 Sanford, Florida a municipal
corporation, hereinafter referred to as "The Agency ".
WITNESSETH:
WHEREAS, the parties desire to implement the provisions of 1006.12, School Resource Officer
Program, and Focus on Safety Program by entering into an inter - agency agreement; and,
WHEREAS, the SCHOOL BOARD has requested that the Agency provide law enforcement
personnel at Bentley Elementary, Goldsboro Elementary, Hamilton Elementary, Pine Crest
Elementary, Wicklow Elementary, Sanford Middle, Millennium Middle, Crooms Academy, and
Seminole High School for service as a School Resource Officer /Focus on Safety Officer.
WHEREAS, the Agency has agreed to provide law enforcement personnel to perform the duties
and responsibilities of a School Resource Officer and Focus on Safety. Officers at Bentley
Elementary, Goldsboro Elementary, Hamilton Elementary, Pine Crest Elementary, Wicklow
Elementary, Sanford Middle, Millennium Middle, Crooms Academy, and Seminole High School;
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, 2015,
and continuing until June 30, 2016, 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
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 (5) five full time School Resource Officers
and Two (2) Focus on Safety Officers who will perform such duties set forth in Exhibit "A ", Page
1 and 2, (School Resource Officer); or Exhibit `B" (Focus on Safety 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.
4. COMPENSATION: a.) The School Board will pay to the City of Sanford the sum of Two
Hundred Sixty Two Thousand Six Hundred Twelve Dollars and 00 /100 ($262,612.00) in 8 equal
payments in the amount of ($32,826.50) in accordance with the following schedule of payments:
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Initial payment:
Amount: $32,826.50 Date of Payment: October 1, 2015
b.) All subsequent payments shall be in equal amounts of $32,826.50 and shall be
payable on or before the 1" day of each month thereafter through May, 2016.
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 goals set forth in 1006.12.
6.) LIABILITY FOR SALARIES, BENEFITS AND OTHER COMPENSATION:
The SCHOOL BOARD shall not be liable for the payment of any salaries, wages, other
compensation or benefits to any School Resource Officer performing services pursuant to this
agreement.
7. 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.
8. INDEMNIFICATION: a.) Each party shall indemnify and hold the other party and 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 party as a result of any wrongful or negligent acts or omissions of the other party, 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.) The provisions of this Section 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. Neither party waives sovereign immunity by way of this provision.
9. EMPLOYEE STATUS: a.) The School Resource Officer and Focus on Safety
Officer shall be deemed at all times to be employees 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 or Focus on
Safety 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 or Focus
on Safety 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.
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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:
Cecil E. Smith, Chief of Police
Sanford Police Department
815 Historic Goldsboro Blvd.
Sanford, Florida 32771
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:
Walt Griffin, Ed.D., Superintendent
Seminole County Public Schools
400 East Lake Mary Blvd.
Sanford, Florida 32773
b. For the Agency:
Cecil E. Smith, Chief of Police
Sanford Police Department
815 Historic Goldsboro Blvd.
Sanford, Florida 32771
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 /Focus on Safety 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 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 /Focus on Safety Officer's 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.
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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.
Executed at Sanford, Seminole County, Florida on the dates as shown:
Date:' ' 6 l S
Attest:
By: � 6
C nthiaYbrter , City Clerk
Date:
Date:1- ( /S�
By: f
Walt Gri ffin, Ed.D., Superintendent
Date:
Approved as to form and legality for use and reliance by:
Veil iam L. Colbert, Esq. Serita D. Beamon
City Attorney School Board Attorney
Date: f/ s'� Date: "tf
As authorized for execution by the School Board in its meeting of , 2015.
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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.
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.
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EXHIBIT "B"
FOCUS ON SAFETY PROGRAM OFFICER
DUTIES AND RESPONSIBILITIES
In addition to the routine duties and responsibilities of a Sanford Police Department Officer, a Focus
on Safety Officer will have the following specific duties and responsibilities:
1. The Focus on Safety Officer shall present the newly adopted Focus on Safety program to
public elementary school students that will include a 10 week program for fifth grade students.
The Focus on Safety Officer will coordinate classroom visitations with the Kindergarten
through fourth grade, pre - kindergarten, and ESE students. They will determine the specifics of
these visitations with the Principal or his /her designee. The Focus on Safety Officer shall serve
at five elementary schools and will be assigned school resource duties when not actively
teaching.
2. The Focus on Safety Officer shall interface with students during class presentations, class
breaks, meal periods, and before and after school.
3. The Focus on Safety Officer shall, at all times, perform his /her duties in accordance with
Sanford Police Department standard operating procedures, enforcement policies and the
agency general orders.
4. The Focus on Safety Officer shall maintain all law enforcement powers, duties and
responsibilities inclusive of his /her position as an Officer while assigned to the Focus on
Safety program.
5. The Focus on Safety Officer shall be responsible to his /her agency in all matters relating to
employment, with the exception of those activities conducted by the Officer that are part of the
regular school program. Those activities shall be under the direction of the principal or his /her
designee.
6. The Focus on Safety Officer shall be at his or her school during normal school hours when
students are in attendance. If the Focus on Safety Officer is unable to be on campus or needs
to leave campus, those times will be coordinated with the school administrator and the
Officer's supervisor.
7. The Focus on Safety Officer shall perform such duties as directed by his /her supervisor when
school is not in session. The school administrator shall advise the Officer's supervisor of the
school's activity calendar.
8. All student record information will be maintained in accordance with the provisions of Florida
State Statues.
9. The Focus on Safety Officer will serve as a referral resource for students, faculty, and parents
to community agencies.
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10. The Focus on Safety Officer will serve as a law enforcement resource individual and in such
capacity, 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.
11. The Focus on Safety Officer will coordinate activities with the school guidance department in
an effort to identify those students who exhibit indications of early delinquent behavior.
12. The Focus on Safety Officer shall participate in classroom teaching activities as requested by
the school principal or his/her designee. The Focus on Safety Officer will be given appropriate
classroom time for the Focus on Safety program as well as classroom visitations.
13. The Focus on Safety Officer shall attend on a regular basis, meetings of the school faculty,
parent- teacher organization, and other school -based meetings.
14. The Focus on Safety Officer shall be informed of any situation occurring on school grounds
that would appear to be a violation of the law or criminal in nature and shall work together
with the School Administrator to keep all parties informed during the course of all criminal
investigations.
15. The Focus on Safety Officer will work with the School Administrator when determining
whether an arrest should be made or if there is an alternative solution to the incident, which
would still be in compliance with Florida State law. The final decision for arrest or not to arrest
will be with the attending Officer on scene at the incident.
16: The Focus on Safety Officer shall affect a physical arrest on all felony type cases and all
incidents that are "zero tolerance ", such as drugs, weapons, and alcohol violations on school
grounds.
17. All sworn statements from the School Administration, teacher(s), and other staff members
must be provided to the Focus on Safety Officer prior to the end of the day, on the same day of
the incident.
18. At no time will a Focus on Safety Officer be assigned to a post or other duty at the school
unless it is agreed upon by both the Officer and the Administration. Both must also
acknowledge that the Officer could be called away.
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