HomeMy WebLinkAbout1790 SRO Agrmt FY 16-17 w/Sem Co School Bd fo
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 SANFORD,a municipal corporation,
hereinafter referred to as "The Agency".
WITNESSETH :
WHEREAS, in accordance with Section 163.01 Florida Statutes,the AGENCY's and the School
Board of Seminole County 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, both parties named herein desire to operate and equally fund a Focus on Safety
Program for Seminole County elementary school students; and
WHEREAS, the SCHOOL BOARD has requested that the AGENCY provide law
enforcement personnel in certain Seminole County Public Schools to provide services as School
Resource Officer; 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.
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NOW, THEREFORE, in consideration of the mutual understandings and agreements set forth
herein,the SCHOOL BOARD and AGENCY agree as follows:
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. This Agreement also provides for the operation and funding of the
Seminole County Focus on Safety Program, which is a curriculum developed
specifically for 5th grade students in Seminole County Elementary Schools.
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
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School Safety & Security Manager position and the duties and responsibilities of the
School Safety& Security Manager.
4. Basic Services
The AGENCY agrees to:
a. Provide ten (10) 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 Officers.Additionally,
each officer so assigned shall maintain full fitness for duty in order to be able to
respond to crisis situations.
b. Provide full time School Resource Officers assigned to elementary schools who
will perform the duties set forth in Exhibits B (Focus on Safety Officer) in addition
to Exhibit A and which is also attached hereto and made a part hereof for all
purposes by reference and attachment. Each School Resource Officer assigned to
an elementary school shall, at a minimum, be equipped with a patrol vehicle,
weapon, radio, and other such equipment issued by the AGENCY to Officer
AGENCYs. Additionally, each officer so assigned shall maintain full fitness for
duty in order to be able to respond to crisis situations.
c. 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.
d. Provide for the payment of all salaries,wages,other compensation,and benefits for
all Officers assigned to perform services set forth in this Agreement.
e. 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
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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's Officers assigned to perform services as set forth in
this agreement for the twelve month period from July 1, 2016 to June 30, 2017.
b. Fund fifty percent (50%) of the costs associated with the purchase of Focus on
Safety program materials including printed material.
c. 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 Officers'
employment with the AGENCY.Appointment of School Resource Officers wiII be
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made by the AGENCY. The AGENCY staff, 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 an 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's Office and applicable local, state or federal law.
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.
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6. Compensation and Pavment
a. The SCHOOL BOARD agrees to reimburse the AGENCY for providing School
Resource Officers as set forth below:
50%of Annual Cost for 10 Officers at$79,210.02 per Officer $396,050.11
50%of FOCUS Program Expenses expected total of$4,257.12 $2,128.56
Billable total for Fiscal Year 2016/17 $398,178.67
Quarterly Rate $99,544.67
Payment shall be in accordance with the following schedule for the contract
period:
Performance Period Quarterly Payment Payment Due
FYI (July- Sept 2016) $99,544.67 August 15, 2016
FYI(Oct- Dec 2016) $99,544.67 November 15, 2016
FYI(Jan-Mar 2017) $99,544.67 February 15, 2017
FYI (Apr-Jun 2017) $99,544.66 May 15, 2017
Total Payments for Contract $398,178.67
Period
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:
City of Sanford
300 Park Avenue
Sanford, FL 32771
Attention: Finance Department
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 1 st. This anticipated cost shall
not be binding upon the SCHOOL BOARD and shall be subject to negotiation
between the AGENCY and the SCHOOL BOARD.
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7. Hold Harmless
a. The SCHOOL BOARD agrees to hold harmless the AGENCY, its 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.
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 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.
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i. Within a reasonable time after receiving the recommendation from the
principal, the Superintendent or his designee shall advise the AGENCY or
its 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.
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:
Walt Griffin, Ed.D., Superintendent
Seminole County Public Schools
400 East Lake Mary Blvd.
Sanford,Fl. 32773
For the Agency:
Cecil E. Smith, Chief of Police
Sanford Police Department
815 Historic Goldsboro Blvd.
Sanford, Florida 32771
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City of Sanford
300 Park Ave.
Sanford, FL 32771
Attention: Finance Director
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:
Captain Richard Francis
Seminole County Safety and Security Manager
Seminole County Public Schools
400 East lake Mary Blvd. Sanford, Fl. 32773
For the Agency:
Cecil E. Smith, Chief of Police
Sanford Police Department
815 Historic Goldsboro Blvd.
Sanford, Florida 32771
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.
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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
By: By:
G
a t Griffin, 16.D., Tina Calderone, Ed.D.,
Superintendent School Board Chairman
By:
Serita D. Beamon,
School Board Attorney
As authorized for execution by the School Board in its regular meeting of ,
2016.
City of Sanford
By: Ln-,� By:
Cyn hia Porter, City Clerk Jeff Triplett, Mayo
lu
Date: '"�'z'f Date: — ��-1 �,
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EXHIBIT "A"
SCHOOL RESOURCE OFFICER
DUTIES AND RESPONSIBILITIES
In addition to the routine duties and responsibilities of an AGENCY 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's standards 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.
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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.
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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 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.
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EXHIBIT "B"
FOCUS ON SAFETY PROGRAM OFFICER AGENCY DUTIES AND
RESPONSIBILITIES
In addition to the routine duties and responsibilities of an AGENCY officer assigned to a school
as a School Resource Officer, a Focus on Safety School Resource Officer will have the following
additional specific duties and responsibilities:
1. The Focus on Safety School Resource Officer shall present the 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 School Resource 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 given the training program adopted and approved by the School Safety
and Security Manager. The Focus on Safety Officer shall serve at elementary schools and
will be assigned school resource duties when not actively teaching.
2. The Focus on Safety School Resource Officer shall interface with students during class
presentations, class breaks, meal periods, and before and after school.
3. The Focus on Safety School Resource Officer's duties and responsibilities shall also
include the duties and responsibilities identified in Exhibit "A," attached hereto and
incorporated herein by reference.
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