HomeMy WebLinkAbout2635 Agreement betw ALS Education and COS for School Resource OfficeAGREEMENT BETWEEN ALS EDUCATION, LLC AND
THE CITY OF SANFORD, FLORIDA
RELATING TO SCHOOL RESOURCE OFFICER SRO. SERVICES
THIS AGREEMENT by and between ALS Education, LLC, a Delaware limited
liability company, whose address is 5850 T G Lee Boulevard, Suite 345, Orlando, Florida
32822, by ALS Educations Holdings, LLC, a Delaware limited liability company, whose
address is 2501 North Harwood Street, 20th Floor, Dallas, Texas 75201 (hereinafter
referred to as "ALS") and the City of Sanford, Florida, a municipal corporation, whose
address is 300 North Park Avenue, Sanford, Florida 32771, (hereinafter referred to as
"City") and each represent as follows:
WHEREAS, the Florida Legislature enacted the Marjory Stoneman Douglas High
School Public Safety Act amending Section 1006.12, Florida Statutes, relating to safety
school officers at each public school, which allows for the provision of School Resource
Officer ("SRO") programs in public schools; and
WHEREAS, ALS desires the City to provide law enforcement personnel as an
SRO to a charter school operated by ALS within the City Limits of the City of Sanford;
and
WHEREAS, the City is willing to partner with ALS to provide for available law
enforcement personnel it currently has employed and may employ in the future; and
WHEREAS, ALS will operate a Florida charter school located within the
Seminole County Florida Public School District and governed by Section 1002.33,
Florida Statutes, and, as such, the school is part of Florida's program of public education
and is recognized by statute as a public school (the "ALS School" herein); and
WHEREAS, Section 1002.33 (16)(a) 5, Florida Statutes, requires a charter school
to be in compliance with provisions in Chapters 1000 through 1013, Florida Statutes,
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pertaining to student health, safety, and welfare; and
WHEREAS, Section 1002.33(16)(b) 8, Florida Statutes, requires a Charter School
to be in compliance with section 1006.12, Florida Statutes, relating to safe school
officers; and
WHEREAS, Section 1002.33(16)(b) 9, Florida Statutes, requires a charter school
to be in compliance with Section 1006.07(7), Florida Statutes, relating to threat
assessment teams; and
WHEREAS, Section 1002.33(16)(b) 10, Florida Statutes, requires a charter
school to be in compliance with Section 1006.07(9), Florida Statutes, relating to school
environmental safety incident reporting; and
WHEREAS, Section 1002.33(16)(b) 11, Florida Statutes, requires a charter
school to be in compliance with Section 1006.1493, Florida Statutes, relating to the
Florida safe schools assessment tool; and
WHEREAS, Section 1002.33(16)(b) 12, Florida Statutes, requires a charter
school to be in compliance with Section 1006.07(6)(c), Florida Statutes, relating to
adopting an active assailant response plan; and
WHEREAS, Section 1002.33(16)(b) 13, Florida Statutes, requires a charter
school to be in compliance with Section 943.082(4)(b), Florida Statutes, relating to the
mobile suspicious activity reporting tool; and
WHEREAS, Section 1002.33(16)(b) 14, Florida Statutes, requires a charter
school to be in compliance with Section 1012.584, Florida Statutes, relating to youth
mental health awareness and assistance training; and
WHEREAS, Section 1006.12, Florida Statutes, requires that 1 or more safe -
school officers be located at each school facility within each school district which school-
safety officer may be an SRO as recognized under the program established in Section
1006.12, Florida Statutes; and
WHEREAS, each charter school participating in the guardian program is
responsible for adhering to numerous statutory and other legal requirements; and
WHEREAS, recent amendments to Section 1006.07(7), Florida Statutes,
establish perimeter and door safety requirements that each charter school governing
board must comply with by August 1, 2024 which requirements include keeping routes
of ingress and egress securely closed and locked when students are on campus and
requiring that these routes be actively staffed when open or unlocked, unless a specific
exception applies, and, further, to develop a progressive discipline policy for instructional
and administrative personal who knowingly violate school safety requirements; and
WHEREAS, ALS desires to provide for the services of an SRO consistent with
that in use by Seminole County Public School District under agreements between the
School District and the Seminole County Sheriff and municipal police departments within
Seminole County under the provisions of Section 1006.12, Florida Statutes. which
provides for an SRO programs; and
WHEREAS, the City has agreed to provide a law enforcement officer to perform
the duties of SRO at the ALS School; and
WHEREAS, the City and ALS agree that the provision of an SRO will enhance
existing school safety initiatives in existence in the City and Seminole County, and
WHEREAS, the City has internal Police Department personnel capable to
enhance school safety initiatives in Seminole County Public Schools; and
WHEREAS, ALS has agreed with the City to have the City Police Department's
designated personnel to be designated as the ALS School Safety and Security Specialist
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over the ALS School as authorized by Section 1006.07(6)(a), Florida Statutes; and
WHEREAS, the SRO placed at the ALS School shall be trained and monitored by
the City's Police Department so as to maintain consistency with all City SROs; and
WHEREAS, uniformity in addressing the SRO school safety provisions and
oversight by the City's Police Department will enhance uniformity and consistency in the
ALS School's compliance with other mandated statutory responsibilities pursuant to
Section 1002.33, Florida Statutes, although the City shall not undertake or accept the
obligations of ALS in terms of complying with controlling Florida law; and
WHEREAS, the City and ALS have determined that it shall serve the public
interest to enter into this Agreement.
WHEREAS, ALS shall at all times remains responsible for the safety and security
of its students and faculty pursuant to Section 1002.33, Florida Statutes, and Section
1006, Florida Statutes.
NOW THEREFORE, in consideration of mutual covenants and promises between
the Parties to this Agreement, the sufficiency of which is hereby acknowledged, the
Parties each mutually agree as follows:
Section 1. Recitals. The above recitals set forth in the whereas clauses of this
Agreement form and constitute a material part of this Agreement upon which the parties
have relied and articulate some, but not all, of the statutory and other legal obligations
of ALS which ALS covenants to comply with and adhere to..
Section 2. Term.
(a). The term of this Agreement shall be for the 2025-2026 school year (from
August 8, 2025 until June 30, 2026, the date of signatures by the parties notwithstanding)
and subject to annual appropriation by both parties and, if later determined applicable,
approval by the Seminole County School District.
(b). ALS shall advise the City of the ALS School's calendar immediately upon
its creation or amendment.
Section 3. Purpose and Intent of Agreement.
(a). An SRO Program is hereby established with ALS and the City for the ALS
School to assist ALS with the compliance requirements of Section 1006.12, Florida
Statutes, to provide for the protection and safety of school personnel, property, students,
and visitors and to enhance school safety so that effective crisis preparedness and
uniform response to threats to student safety, both real and threatened, within the school
environment are addressed. It is also the purpose of this Agreement to provide an SRO
consistent with the provision of this mandate adopted by Seminole County Public
Schools to facilitate uniformity in compliance with all school safety requirements in
Section 1002.33, Florida Statutes. It is agreed that the parties shall provide all necessary
cooperation and assistance so as to facilitate this Agreement and achieve the goals set
forth in this Agreement.
(b). Additionally, it is also the intent of this Agreement:
(i). 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 enforcement officers available for presentations to students,
faculty and parents concerning law enforcement, school safety, and
related law enforcement subjects and foster better relations between
students and law enforcement personnel. This Agreement also
provides for the operation and funding of Project Youth, which is a
curriculum developed for K-12 students in Seminole County Schools.
(ii). To enhance existing school safety initiatives in existence
between all Seminole County Public Schools both traditional and
Charter within the Seminole County School District and establish
uniformity through the direction of the School Safety Director so that
effective crisis preparedness and uniform response to threats to
student safety, both real and threatened, within the school
environment are addressed.
Section 4. Duties of the City Relating to the ALS School.
(a), The operational hours of the ALS School are a morning session that runs
from 7:00 a.m. to 12:00 p.m. (noon), with teachers taking a lunch period from 12:00 p.m.
(noon) until 12:30 p.m., and a second session beginning at 12:30 p.m. and ending at
5:30 p.m. As such, both parties understand and agree that the SRO shall arrive at 6:45
a.m. and depart at 5:45 p.m., thereby resulting in a workweek of 55 hours. The parties
understand and agree that time spent by the SRO attending court or involved in criminal
cases arising from his or her assignment as an SRO, shall be considered as hours
worked under this Agreement for ALS and, regardless of whether the arrest occurs on
the ALS School campus or off the ALS School campus, such time spent attending court
or involved in criminal cases shall be compensated time for the City with payment being
made by ALS. Additional reporting and departure times, such as during summer school
session, may be provided upon request of the ALS School as authorized by the City. The
expectation of service is that a sworn law enforcement officer trained as an SRO will be
on campus daily and provide continuous coverage during ALS School hours. In any
event, whenever an SRO is not present at the ALS School campus and an incident
occurs at the ALS School campus, the City shall bear no liability or responsibility of any
type or nature and ALS shall assume any and all risks arising therefrom and,
notwithstanding the provisions of Section 23, ALS shall fully discharge and indemnify the
City against and all losses, claims, damages or any other liability occurring when an SRO
is not present on the ALS School campus and, further, ALS shall ensure that all
insurance policies apply to and insure against any such incidents.
(b). The City shall provide from its Police Department an SRO who has full
fitness for duty in order to be able to respond to crisis situations and who shall be
supervised by City Police Department personnel, as follows:
(i). The SRO shall be assigned to the ALS School on a full-time basis
as set forth above. In addition, the SRO may be requested to work
for any significant public school -related activities at the request of the
ALS School such as sporting events or other special school events,
which time shall be treated and handled as an off -duty detail.
Payment to the law enforcement officer will be made directly to the
law enforcement officer by the City and reimbursed to the City within
30 days of receipt of the invoice in the amounts consistent with the
City's off -duty detail rate. The City shall submit monthly invoices
indicating the law enforcement officer's name, the date service was
provided, and the rate of pay.
(ii). The SRO shall not be required at the ALS School on days on
which students are not present to include teacher workdays and other
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holidays when AILS School staff is on campus, but students are not
on campus or if on campus, not receiving educational instruction.
(iii). The SRO may be temporarily reassigned by the City during
school holidays, vacations, or during a period of any law enforcement
emergency.
(iv). The SRO shall perform the duties as defined in Section 1006.12,
Florida Statutes, and as set forth in Exhibit "A" to this Agreement.
(v). If the SRO is not able to be on the ALS School campus because
of training, light -duty, FMLA, sick leave, personal time off, or
administrative leave, the City will provide a sworn law enforcement
officer that is fit for duty to cover the ALS School during required
school hours. If the City is unable to fulfill this requirement, through
the fault of the City, it will inform the ALS School in a timely manner,
and the City shall adjust its compensation and payment
reimbursement invoice to the AILS School to reflect the service
deficiency. Notwithstanding the requirements outlined herein, the
requirements of this provision are not applicable during a critical
event/incident where both parties agree upon the reallocation of
mission -critical assets.
Section 5. Role and Duties of ALS.
(a). ALS shall provide to the SRO the following materials and facilities which
are deemed necessary for the performance of his or her duties,
(i). A secure and private office located as close to the principal's or
designee's office as possible. The SRO will be the only one assigned
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to the office due to the sensitive and confidential information
maintained within. The office will be voice secure for purposes of
interviews and counseling. The office will contain the following
materials and equipment:
(A). Air conditioning.
(B). Computer with Internet access and VPN, or other
connection type, required to connect to the City's network and
access software programs and network resources.
(C). Desk and chair.
(D). 4-drawer legal locking file cabinet.
(E). 6-shelf bookshelf.
(F). 2 visitor chairs for counseling and interviews.
(G). 1 worktable.
(H). Office supplies as requested.
(I). Phone with local and long-distance calling capability
(J). School email address.
(K). 1 large dry erase board.
(ii). A radio, if the ALS School is utilizing a frequency band not
compatible with the SRO's City -issued radio.
(iii). Access to the School's student information systems, to include
access to student information, for the purpose of minimizing juvenile
delinquency and truancy and maintaining student safety. Any
information obtained by the SRO through such access shall be
maintained confidential pursuant to the Family Educational Rights
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and Privacy Act and Section 1002.22, Florida Statutes. The SRO
supervisor shall have mobile access to surveillance cameras at the
School. The SRO shall only use the information made accessible to
him or her by the School pursuant to this Agreement, for the purposes
for which the disclosure was made. City acknowledges and agrees
that the assigned SRO is not a "school official" pursuant to Section
1002.221, Florida Statutes, 20 united States Code Section 1232g,
and the Federal regulations issued pursuant thereto. A disclosure of
unauthorized information by the SRO to any person or party of
unauthorized confidential information may result in the immediate
termination of SRO being assigned to the AILS School and may also
result in the termination of this Agreement.
M. AILS shall adhere to any and all legal requirements and obligations and
shall ensure that any and all statutory obligations and requirements, and any and all
other legal obligations, are adhered to and complied with in plenary manner.
Section 6. Financing of the SRO Program; Payments.
(a). AILS shall provide funds to the City to cover 50% of the annual salary
including benefits and overtime costs for the SRO for the services set forth herein. The
sum, which provides for both sessions as described in this agreement, totals $61,175.50
or $6,117.55_14.se�t .., ^'.�!� �,,..���;-p� month plus $51 36 5a-. (which fluctuates
daily) per hour for each and every hour or part of hour over 84 hours of work in a City
Police Department 2-week work period consistent with the minimum hour billings as set
forth herein (which is the rate of reimbursement for working overtime at the rate of actual
costs, including employee benefits, of the assigned SRO working the overtime) and shall
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be broken into 10 monthly payments of $6,1 17,555,482.45 from ALS to the City plus all
charges billed by the City to ALS for overtime. The charges are based upon the salary
of the current law enforcement officer assigned SRO duties for ALS and shall be adjusted
by the City, and paid by ALS, in the event of a change of the SRO. All basic monthly
sums shall be payable in advance upon presentation of an invoice by the City to ALS in
advance of the month of services commencing on August 8, 2025 notwithstanding the
date of execution of this Agreement. Additional overtime will be paid directly to the SRO
by the City and reimbursed to the City by ALS within 30 days of the date of an invoice
issued by the City to ALS. A 3-hour minimum applies to any overtime incurred that is not
a continuation of the SRO's standard duty day. Additionally, any request, which will result
in the SRO traveling outside of Seminole County, must be in writing and submitted to the
City in a reasonable advance time period and will require that a copy of the request be
provided to the SRO's Police Department supervisor together with advance payment of
any travel costs and expenses.
(b). ALS shall monitor hours of coverage by having each SRO sign in and out
at the assigned school, showing all times of arrival and departure for and during each
day of work.
(c). ALS shall fund the tuition of 1 SRO to attend the yearly Florida Association
of SROs (FASRO) conference.
(d). The City shall cover the costs of equipment and required training for the
SRO except for tuition for the FASRO conference. The SRO shall, at a minimum, be
equipped with a patrol vehicle, a personal weapon, a radio that meets City standards
and requirements only, and such equipment normally issued by the City Police
Department to its Police Officers.
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The SRO shall undergo criminal background checks, drug testing, and a
psychological evaluation, as outlined in Section 1006.12 (1)(c), Florida Statutes, and be
a certified law enforcement officer, as defined in Section 943.10(1), Florida Statutes. The
ALS School recognizes that the City's Police Department may have additional non -
statutory training requirements for officers assigned as an SRO, which training may or
may not be completed prior to the beginning of the 2025-2026 school year.
(e). The City shall ensure that the SRO is employed by the City's Police
Department and maintains the powers and duties of a sworn law enforcement officer
during his or her tenure as the ALS School's SRO.
ReLardine Overtime (OT). the OT is billed by actual hours worked in excess of the 84. and it is
billed separately at a rate of $51.36 per hour lolease note. OT rate fluctuates dailv►. In order to
Live some historical reference data on the amount of overtime billed: please see chart below
detailinL the S24.550.08 billed covering the period of August 2024 to May 2025. It is not
possible to forecast how much time the police department would need the assigned SRO to
work OT for the current school vear 2025-2026.
MR 21444
Pending - Transac -
Code
6/26/25
SR-2
5/21/25
SR-2
5/21/25
SR-2
3/27/25
SR-2
2/18/25
SR-2
1/15/25
SR-2
1/15/25
SR-2
1/15/25
SR-2
12/04/24
SR-2
10/31/24
SR-2
10/31/24
SR-2
Description T Transaction amount v Open i
FYI 2024-2025 MAY OT
3163.78
FY 2024-2025 MARCH OT
2090.35
FY 2024-2025 APRIL OT
3266.5
FY 2024-2025 FEBRUARY OT
3107.28
FY 2024-2025 JANUARY OT
2722.08
FY 2024-2025 NOVEMBER OT
2722.08
FY 2024-2025 OCTOBER OT
179.76
FY 2024-2025 DECEMBER OT
2141.71
FY 2024-2025 OCTOBER OT
1735.97
FY 2024-2025 AUGUST OT
1191.55
FY 2024-2025 SEPTEMBER OT
2229.02
Section 7. Employment Status of SRO. The SRO shall remain an employee of
the City and is not an employee of ALS or the Seminole County School District. ALS
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and the City acknowledge that the SRO shall remain responsive to the chain of command
of the Sanford Police Department.
Section 8. Appointment and Training of SROs.
(a). The Chief of Police shall have sole discretion over the appointment of the
SRO. The appointment shall be made in accordance with City policy.
(b). The SRO will receive the following training:
(i). As determined by the City's Chief of Police, selected
SROs will attend the annual Florida Association of SROs (FASRO)
Conference, as well as other applicable seminars and schools in
order to keep abreast a current curriculum and issues related to SRO
programs. The City will pay for all travel costs associated with
FASRO. If ALS requests the SRO attend a specific training, ALS
shall be responsible for all costs of the associated training including
registration, travel and food. The training must be approved by the
City
(ii). The SRO is required to attend the law enforcement
agency's scheduled in-service training in order to meet the yearly
retraining requirements of the Florida Department of Law
Enforcement and the Sanford Police Department. SROs will
coordinate training dates with the ALS School.
(iii)_ The SRO shall notify the ALS School as soon as he or she
becomes aware of the scheduled training. SROs assigned to special
units may participate in more frequent training and prolonged
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absences. In the event the SRO must leave campus for more than 3
successive days for training, the City shall provide an interim SRO.
Section 9. Dismissal of SRO; Replacement.
(a). In the event that ALS feels that the SRO is not effectively performing his or
her duties and responsibilities, as outlined in Section 1006.12, Florida Statutes, ALS
shall recommend to the City that the SRO be removed from the school and shall state
the reasons for removal in writing to the Chief of Police.
(i). Upon receipt of such recommendation from ALS, the Police
Chief, or designee, shall meet with the SRO and his or her immediate
supervisors to mediate or resolve any problems which may exist. At
such meeting, specified members of the staff of the ALS School, may
be required to be present.
(ii). If, within a reasonable amount of time after commencement of
such mediation, the problem cannot be resolved or mediated, then
the SRO shall be removed from the ALS School and a replacement
assigned to the ALS School.
(iii). In the event mediation is not sought by the City, then the SRO
shall be removed from the ALS School and a replacement assigned
to the ALS School.
(iv). The Police Chief may, at any time, dismiss or reassign an SRO
based upon City rules and regulations.
(v). In the event of the resignation, dismissal, or reassignment of a
SRO, or in the case of long-term absences by a SRO, the City will
provide a temporary or permanent replacement.
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Section 10. Public Records Act/Chapter 119, Florida Statutes,
Requirements.
(a). IF ALS HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE ALS' DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (407) 688-5012,
TRACI HOUCHIN, MMC, FCRM, CITY CLERK, CITY OF SANFORD, CITY
HALL, 300 NORTH PARK AVENUE, SANFORD, FLORIDA 32771,
TRACI.H000HIN@SANFORDFL.GOV.
(b). In order to comply with Section 119.0701, Florida Statutes, public records
laws, ALS must:
(i). Keep and maintain public records that ordinarily and
necessarily would be required by the City in order to perform the
service.
(ii). Provide the public with access to public records on the
same terms and conditions that the City would provide the
records and at a cost that does not exceed the cost provided in
Chapter 119, Florida Statutes, or as otherwise provided by law.
(iii). Ensure that public records that are exempt or
confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law.
(iv). Meet all requirements for retaining public records and
transfer, at no cost, to the City all public records in possession
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of ALS upon termination of the contract and destroy any
duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. All records
stored electronically must be provided to the City in a format that
is compatible with the information technology systems of the
City.
(c). If ALS does not comply with a public records request, the City shall enforce
the contract provisions in accordance with this Agreement.
(d). Failure by ALS to grant such public access and comply with public records
requests shall be grounds for immediate unilateral cancellation of this Agreement by the
City. ALS shall promptly provide the City with a copy of any request to inspect or copy
public records in possession of ALS and shall promptly provide the City with a copy of
ALS' response to each such request.
Section 11. Notices.
(a). Whenever any party desires or is required by law to give notice unto
another party, notice shall be sent by certified mail or hand delivered to:
AS TO THE CITY:
Norton N. Bonaparte, Jr., ICMA-CM
City Manager
City of Sanford City Hall
300 North Park Avenue
Sanford, Florida 32771-1244
With a copy to:
Cecil E. Smith
Police Chief
City of Sanford
815 Historic Goldsboro Boulevard
Sanford, Florida 32771
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AS TO ALS:
Charles T. Finch
Director of Safety and Security
Accelerated Learning Solutions
5850 T G Lee Boulevard
Suite 345
Orlando, Florida 32822
(b). Either party may change by written notice as provided herein, the
addresses or person for receipt of notices. All notices and other communications given
pursuant to this Agreement to be served, given, or delivered upon wither party shall be
in writing and shall be sent by registered mail, or return receipt, or by a national overnight
receipt delivery service (e.g., Federal Express). Such notices shall be deemed served,
given, and delivered on the earlier of the following
(i). The date of actual receipt.
(ii). The fifth business day after any registered or certified notice was
deposited in a sealed envelope in the U.S. mail, postage prepaid.
(iii). The next business day after any notice was delivered (on a
business day to a receipted overnight delivery service of said notice
accepted same).
Section 12. Default. If any party is found to be in default of any terms or
provisions of this Agreement, the party not in default must notify the defaulting party of
the default in writing. Said default shall be remedied or brought into the compliance by
the defaulting party within 10 days receipt of the default notice. In the event the defaulting
party fails to timely correct or remedy the event of default, unless the time to cure period
is extended in writing by the non -defaulting party, the non -defaulting party may declare
the Agreement in default and pursue any remedy available by law or equity against the
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defaulting party. Each party waives the right to dispute resolution pursuant to Chapter
164, Florida Statutes.
Section 13. Termination of Agreement. This Agreement may be terminated by
either party upon a 30-day written notice that any other party has failed to substantially
perform in accordance with the terms and conditions of this Agreement. This Agreement
may be terminated without cause by either party upon a 30-day written notice.
Termination of the Agreement may only be accomplished as provided herein. In the
event this Agreement is terminated, compensation will be made to the City for all services
performed to the date of termination. ALS shall be entitled to prorated refund for any
time SRO services are not provided due to the termination of this Agreement.
Section 14. Entire Agreement, This Agreement constitutes the entire Agreement
between the parties and supersedes all previous discussions, understandings, and
Agreements between the parties relating to the subject matter of this Agreement.
Section 15. Construction of Agreement. This Agreement has been fully
reviewed and approved by the parties hereto and their respective counsels. Accordingly,
in interpreting this Agreement, no weight shall be placed upon which party hereto or its
counsel drafted the provisions being interpreted.
Section 16. Headings. All sections and descriptive headings in this Agreement
are inserted for convenience only and shall not affect the construction or interpretation
hereof.
Section 17. Modification. This document constitutes the full understanding of
the Parties and no terms, conditions, understandings, or agreements purporting to
modify or vary the terms of this document shall be binding unless hereafter made in
writing and signed by the party to be charged.
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Section 18. Severability. If any provision, term or clause of this Agreement is
determined to be invalid or unenforceable by a court of competent jurisdiction, shall be
severable, the remainder continuing in full force and effect, but only to the extent that the
remainder does not become unreasonable or otherwise contrary to the purpose and
intent of this Agreement.
Section 19. Non -Assignment. This Agreement, and each and every covenant
herein, shall not be capable of assignment unless the express written consent of ALS
and the City is obtained.
Section 20. Compliance with Laws and Regulations: In performing under this
Agreement, the parties, shall abide by all applicable laws, statutes, ordinances, rules and
regulations pertaining to, or regulating the performance set forth herein, including those
now in effect and hereafter adopted. Any material violation of said law, statutes,
ordinances, rules, or regulations shall constitute a material breach of this Agreement.
Section 21. Disclaimer of Third -Party Beneficiaries. This Agreement is solely
for the benefit of the formal parties herein and no right or cause of action shall accrue
upon or by reason hereof, to or for the benefit of any third party not a formal party hereto.
Nothing in this Agreement expressed or implied is intended or shall be construed to
confer upon or give any person or corporation other than the parties hereto any right,
remedy, or claim under or by reason of this Agreement or any provisions or conditions
hereof; and all of the provisions, representations, covenants, and conditions herein
contained shall inure to the sole benefit of and shall be binding upon the parties hereto
and their respective representatives, successors, and assigns.
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Section 22. No Public Rights Created. Nothing herein shall create or be
construed to be created any rights in and/or for the benefit of the general public, except
as may be expressly permitted by grantee.
Section 23. Indemnification; No Waiver of Sovereign Immunity; Insurance.
(a). Each party agrees to be fully responsible for its acts of negligence, or its
employees' acts of negligence when the employees are acting within the scope of their
employment and agrees to be liable for any damages resulting from said negligence.
This section shall survive the termination of this Agreement. Neither party waives
sovereign immunity or any rights or limits to liability existing under Sections 768.28, and
1002.33, Florida Statutes. The City is protected by sovereign immunity and that is a
central part of its risk management program. ALS shall, indemnify, defend and save the
City harmless and from and against any and all claims, of whatsoever type or nature,
demands, obligations, liabilities, penalties, fines, charges, costs and expenses, all of
whatsoever type or nature, including, but not limited to, attorney's fees, costs and
expenses for the defense thereof, arising from any and all occurrences in or on or about
the City owned real property and from ALS's activities thereon of whatsoever type or
nature. ALS hereby agrees to defend, indemnify and hold harmless, the City, its agents,
officers, employees and servants from any and all claims, suits, causes of action or any
claim whatsoever made or howsoever arising from any claims for damages to property
or injuries to (or death of) persons which may be occasioned by any activity carried on
by ALS, or its officers, employees or agents, at the ALS School or at any other location.
ALS understands and agrees that neither the City nor any City representatives have
accepted, or will accept, liability under any theory of liability known or unknown. In
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addition to the obligation to indemnify, insure and defend the City, ALS covenants not to
sue the City or participate in the prosecution of any lawsuit or claim against the City.
(b). ALS shall procure and maintain insurance with minimum coverages of the
following amounts and types and list the City as additional Insured and provide the City
with a certificate of insurance relative thereto as determined by the City's Risk Manager:
(i). General Liability with minimum limits of $1,000,000 per
occurrence/$2,000,000 Annual Aggregate with Abuse and Molestation
insurance included in the General Liability, but if not, then separate
coverage for Abuse and Molestation with minimum limits of $1,000,000 per
occurrence/$2,000,000 Annual Aggregate. ALS shall name the City as
Additional Insured on the General Liability and Abuse/Molestation
coverages and provide proof of such action being taken to the City.
(ii). Workers Compensation Coverage as required by Florida law.
(c). This Section shall survive the termination of this Agreement and shall be
fully binding until such time as any proceeding brought on account of this Agreement is
barred by any applicable statute of limitations.
Section 24. Force Majeure. Neither party shall be obligated to perform any duty,
requirement, or obligation under this Agreement if such performance is prevented by fire
caused by nature, hurricane earthquake, accident, flood, acts of God, or by reason of
any other matter or condition caused by nature and beyond the control of either party,
and which cannot be overcome by reasonable diligence and without unusual expense
("Force Majeure"). In no event shall a lack of funds on the part of either party be deemed
Force Majeure.
211
Section 25. Equal Opportunity Provision. The parties agree that no person
shall be subjected to discrimination because of age, race, color, disability, gender
identity, gender expression marital status, national origin, religion, sex or sexual
orientation in the performance of the parties' respective duties, responsibilities and
obligations under this Agreement.
Section 26. Applicable Law, Venue, and Waiver of Jury Trial. The laws of the
State of Florida shall govern the validity, performance, and enforcement of this
Agreement. Venue of all actions shall be Seminole County, Florida. Each party waives
the right to a jury trial.
Section 27. Good Faith. ALS and the City, their agents, and their employees
agree to cooperate in good faith in fulfilling the terms of this Agreement. Unforeseen
difficulties or questions will be resolved by negotiation between ALS and the City.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed by their proper officers on the day and year written below and covenant and
affirm that the persons executing below have full and complete authority to execute this
Agreement and bind the respective parties to this Agreement.
SIGNATURE BLOCKS FOLLOW:
ATTEST. CITY OF SANFORD, FLORIDA'
Traci Houchin, MMC, FCRM
City Clerk
For use and reliance of the
Sanford City Commission only.
Approved as to form and legality
�_. A VoodrKff
c Mayor /
U
221
Lindsay N. Greene, Esquire
City Attorney
ADDITIONAL SIGNATURE BLOCK FOLLOWS:
23 1
ATTEST.
0
Charles. E ch
(• _.ctor of Safety and Security
STATE OF FLORIDA )
COUNTY OF SEMINOLE )
ALS EDUCATION, LLC, a Delaware
limited liability company, by ALS
EDUCATIONS HOLDINGS, LLC, a
Delaware limited liability company.
:e*
I Hereby Certify that on this day, before me, an officer duly authorized to
administer oaths and take acknowledgments, personally appeared of
Jeff Dilley ALS Educations Holdings, LLC, and they acknowledged executing the same
in the presence of two subscribing witnesses freely and voluntarily and they are
Personally knowq,IQ�or provided
Witness my hand and official seal in the County and State last aforesaid this rd
day of 2021
(Affix Notary Seal) � ---- �G
ry Public; State of
Printed Name��r
JEANETTE RODRIGUEZ
W" Notary Pub►ic-State of Florida
=r Commission* HH 268071
s�e: My Commission Expires
June 30, 2026
as identification.
24 1
EXHIBIT "A"
SRO DUTIES AND RESPONSIBILITIES
In addition to the routine duties and responsibilities of a City Police Officer, an SRO, will
have the following specific duties and responsibilities and may have the responsibilities
set forth in Exhibit "B" if agreed to by the parties:
(1). The SRO shall at all times perform his or her duties in accordance with City of
Sanford Police Department standard operating procedures.
(2). The SRO shall maintain all law enforcement powers, duties, and responsibilities
inclusive of his or her position as a Police Officer while assigned to the SRO program.
(3). The SRO shall be responsible the City Police Department in all matters relating
to employment, except those activities conducted by the SRO which are part of the
regular school instructional program shall be under the direction of the ALS School.
(4). The SRO shall record his or her service time on campus.
(5). The SRO shall perform such duties as directed by the City's Police Department.
(6). The SRO shall contact no students during school hours in conjunction with a
criminal investigation of any nature without notice first being given to the ALS School.
Any such contacts will be conducted in accordance with City of Sanford Police
Department standard operating procedures.
(7). The SRO will interface with students between class breaks, during lunch periods,
before and after school and at school activities at which the SRO is attendance. The
expectation is that the SRO will roam the ALS School premises, check perimeters, and
remain unpredictable.
(8). The SRO will consult with the ALS School and the City's Police Department
regarding procedures for emergency drills and actual emergencies, including but not
25 1
limited to, fires, natural disasters, active assailant and hostage situations, and bomb
threats.
(9). The SRO will be given sufficient time at the beginning of the ALS School year and
quarterly to participate in training conducted for school administrators, faculty, staff, and
students on safety matters such as School Crises and Emergency plans, bomb threat(s)
procedures, active threat, and active -assailant situations, hostage situations, workplace
violence, bomb lockdown and barricade, school evacuation procedures and other school
safety matter and other school safety matters as determined by ALS. A reasonable
amount of time will also be provided quarterly for the SRO to provide relevant school
safety training to school staff. The SRO shall provide the necessary training. .
(10). The SRO will assist with training and assist the ALS School administration with
conducting lockdown and/or evacuation drills during the ALS School year as scheduled
by the Principal. The SRO will also assist in completing after -action reports to document
emergency drills and real -world incidents.
(12). The SRO shall assist in the completion of the Florida Department of Education,
Florida Safe Schools Assessment Tools: School Security Risk Assessment.
(13). The SRO shall participate as a member of the ALS School Threat Assessment
and Safety Team pursuant to Section 1006.07(7), Florida Statutes, the ALS School's
Emergency Response Planning Team, and, if applicable, take an active role in the ALS
School's Safety Patrol Program, if any exists.
(14).. The SRO will serve as a referral resource for students, faculty, and parents to
community agencies
(15). The SRO will serve as a law enforcement resource person to the ALS School
administration.
26 1
(16). The SRO will assist the ALS School in developing plans and strategies for the
prevention and control of dangerous situations at the ALS School.
(17). The SRO will coordinate activities with the ALS 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.
(18). The SRO shall participate in classroom teaching activities as requested by the
ALS School. The SRO will be given appropriate classroom time for approved Juvenile
Intervention and Crime Reduction programs.
(19). At the ALS Schools' request, the SRO shall attend meetings of the AILS School
faculty, student council, parent -teacher organization, and other such school -based
meetings that occur during the workday or arranged through the use of "flex" time. The
SRO shall attend all meetings and training scheduled by the City's Police Department.
(20). The SRO shall be informed of any situation occurring on school grounds that the
ALS School believes to be a violation of the law or criminal in nature.
(21). The SRO and ALS School shall work together to keep each other informed during
the course of all criminal investigations, if not prohibited by law or City Police
Department's policy
(22). The SRO shall communicate with the ALS School 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 law. The final decision for arrest or not to arrest
will be with the law enforcement officer on scene at the incident.
(23). The SRO shall be familiar with the any applicable student conduct and
disciplinary code and policies relative to criminal activities committed by students or
27 1
faculty. The SRO will also be familiar with applicable criteria for assigning a student who
commits a petty act of misconduct to a school -based intervention program. If a student's
assignment is based on a noncriminal offense, the student's participation in a school -
based intervention program may not be entered into the Juvenile Justice Information
System Prevention Web.
(24). All sworn statements from the ALS 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 SRO prior to the end of the day that the incident or
event occurred.
(25). The SRO is expected to conduct regular safety, and security checks, including
but not limited to classroom locked door compliance, visitor management digital check -
in process, and emergency drill compliance and reported them to his or her supervisory
personnel if they cannot be resolved or corrected promptly.
(29). The SRO will assist the ALS School in assuring faculty and student readiness for
all potential hazards and critical incidents.
(30). The primary responsibility of the SRO is the safety of all students, staff, and school
property and to provide emergency response and stabilization of critical school incidents.
(31). The following additional duties and responsibilities shall apply if the assigned law
enforcement officer is required by the City's Police Department to utilize a body -worn
camera in the normal course of his or her business
(i). The City shall have a clearly defined body -worn camera policy,
which shall address its use in the ALS School, a copy of which shall
be provided to ALS.
28 1
(ii). The use of the body -worn camera is for use solely when the officer
is performing law enforcement functions on campus. The body worn
cameras are not to be left on for continuous recording and will only
be activated when the law enforcement officer is performing a law
enforcement function on campus.
(iii). The City must have clearly articulated standards for secure
evidence storage and preservation.
(iv). The City is responsible for having the law enforcement officer
participate in ongoing agency training pertaining to equipment use,
and compliance with, applicable laws concerning the use of the body -
worn cameras.
(v). The law enforcement officer will document the use of the body -
worn camera by use of agency case reference or another method
when the body worn camera is used within the ALS School and
provide to his agency supervisor such documentation upon request
and as authorized by law.
(vi). The law enforcement officer shall not release any body camera
recording, except as strictly authorized by law and in accord with City
policy.
(32). The SRO is also expected to promote and inform the ALS School of the City's
school safety division mission, projects and campaigns.
(33). The SRO will notify the ALS School of the following which occur on ALS School
grounds, during ALS School transportation to the extent directly know by the SRO, or
during ALS School -sponsored activities to the extent that the SRO may be made aware
291
of them: lockdown, use of force that exceeds a routine takedown or redirection, felony
arrest on campus, massive school disruption, medical emergency, weapons possession
or use when there is intended harm toward another person; hostage, and active assailant
situations; murder, homicide, or manslaughter; sex offenses, including rape, sexual
assault, or sexual misconduct with a student by school personnel; any involuntary
examination, as defined in Section 394.455. Florida Statutes, which are initiated at the
ALS School, on ALS School transportation, or at an ALS School -sponsored activity by
the SRO or any event that could cause reasonably cause public concern or attention as
determined by the City.
(34). If the SRO evaluates a minor student as possibly meeting criteria for involuntary
treatment pursuant to Section 394.451, Florida Statutes, et sequentia (the Baker Act),
the SRO will follow City policy in deciding whether to proceed with implementing Baker
Act proceedings, or alternatively, and only if consistent with City procedure and policy,
allowing the student's parents or legal guardian to take custody of the student in
exchange for written confirmation from the parent/guardian that the student will be
provided with an immediate professional mental health evaluation. Alternatives to
initiating a Baker Act proceeding should not be employed if the SRO does not believe
that the parent will follow through with mental health evaluation, or if the SRO believes
that the minor student is in extreme crisis. Prior to initiating any Baker Act and
transporting a student to a facility for an involuntary examination pursuant to Section
394.463, Florida Statutes, the SRO will notify the ALS School so that the AILS School
has the opportunity to make "a reasonable attempt to notify" the student's parent,
guardian, or other known emergency contact whom the student's parent or guardian has
30 1
authorized to receive notification of an involuntary examination. This does not negate the
SRO's responsibility for parental notification requirements pursuant to City policy
311
EXHIBIT "B"
PROJECT YOUTH K-12 CURRICULUM DUTIES AND RESPONSIBILITIES
In addition to the routine duties and responsibilities of an SRO, as set forth in Exhibit "A"
they will have the following additional specific duties and responsibilities related to the
Seminole County Project You(th) and awareness and prevention curriculum:
(1). All elementary school SROs shall present the adopted Project You(th)
K-5 curriculum to public elementary school students that will include two
lessons for grades K-4 and six lessons for fifth -grade students. The SRO
will coordinate classroom visitations with pre -kindergarten and ESE
students not receiving this curriculum. They will coordinate the scheduling
of these lessons and visitations with the school, given the training program
adopted and approved by the school.
(2). All middle school SROs shall present the adopted Project You(th) 6th
Grade curriculum to public middle school students that will include four
lessons taught over four -lesson periods. The SRO will coordinate the
scheduling of these lessons with the school at the beginning of the school
year. Additional Project You(th) lessons that satisfy the State of Florida
KSA requirements are available for grades seven and eight. These lessons
may be taught by the SRO, at their discretion and availability due to other
duties and responsibilities, as well as any teacher.
(3). If requested by the school, the SRO will participate in any school safety
patrol program. Additionally, the SRO will interface with students during
class presentations, class breaks, meal periods, and before and after
school.
32 1
CITY OF
0 SWSANFORD RM X
FLORIDA Item No.1D C
CITY COMMISSION MEMORANDUM 25-209
SEPTEMBER 6, 2025, AGENDA
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Dawn Chambers
SUBMrTTED BY: Norton N. Bonaparte, Jr., ICMA-CM, City Manager
SUBJECT: Revised Agreement Between ALS Education, LLC and The City of
Sanford. Florida Relating to School Resource Officer (SRO) Services
SYNOPSIS:
Requesting to approve the Revised Agreement Between ALS Education, LLC and The City of
Sanford, Florida Relating to School Resource Officer (SRO) Services.
FISCAL/STAFFING STATEMENT:
According to section six (6) of the Agreement Between ALS Education, LLC and The City of
Sanford, Florida Relating to School Resource Officer (SRO) Services; the financial obligations are
as follows:
Section 6. Financing of the SRO Program; Payments.
(a). ALS shall provide funds to the City to cover 50% of the annual salary including
benefits and overtime costs for the SRO for the services set forth herein. The sum, which provides
for both sessions as described in this agreement, totals $61,175.50 or $6,117.55 per month plus
$51.36 (which fluctuates daily) per hour for each and every hour or part of hour over 84 hours of
work.
MR 21444
Pending • Transac •
Code
6/26/25
SR-2
5/21/25
SR-2
5/21/25
SR-2
3/27/25
SR-2
2/18/25
SR-2
1/15/25
SR-2
1/15/25
SR-2
1/15/25
SR-2
12/04/24
SR-2
10/31/24
SR-2
10/31/24
SR-2
w Description
FYI 2024-2025 MAY OT
FY 2024-2025 MARCH OT
FY 2024-2025 APRIL OT
FY 2024-2025 FEBRUARY OT
FY 2024-2025 JANUARY OT
FY 2024-2025 NOVEMBER O
FY 2024-2025 OCTOBER OT
FY 2024-2025 DECEMBER OT
FY 2024-2025 OCTOBER OT
FY 2024-2025 AUGUST OT
FY 2024-2025 SEPTEMBER O
.T 7ransaction amount • Open a
3163-78
2090.35
3266.5
3107.28
2722.08
T 2722.08
179.76
2141.71
1735.97
1191.55
T 2229.02
BACKGROUND:
ALS is a Delaware limited liability company, whose members are ALS Educations Holdings, LLC
and Angela Whitford-Narine. ALS acts on behalf of Florida High School for Accelerated
Learning- Seminole, Inc., a Florida not for profit corporation, doing business as Elevation High
School, which is a charter school sponsored in accordance with Florida Law by the Seminole
County School District.
Like other schools, Elevation High School is required to provide school security. For example, the
Florida Legislature enacted the Marjory Stoneman Douglas High School Public Safety Act
amending Section 1006.12, Florida Statutes, relating to safety school officers at each public
school, which allows for the provision of SRO programs in public schools. Also, Article IX,
Section I (a) of the Florida Constitution provides that "[tjhe education of children is a fundamental
value of the people of the State of Florida. Pursuant to the agreement, the Sanford Police
Department will provide SRO services.
LEGAL REVIEW:
The City Attorney has reviewed this agenda item and has no legal objection.
RECOMMENDATION:
City staff recommends that the City Commission approve the revised Agreement Between ALS
Education, LLC and The City of Sanford, Florida Relating to School Resource Officer (SRO)
Services.
SUGGESTED MOTION:
41 move to approve the revised Agreement as proposed."
Attachments:
(1) The revised Agreement Between ALS Education, LLC and The City of Sanford, Florida
Relating to School Resource Officer (SRO) Services