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273-SCPS Resource Officer 07/08 Cof\ -;}73 SEMINOLE COUNTY PUBLIC SCHOOLS SCHOOL RESOURCE OFFICER AGREEMENT THIS AGREEMENT, is made and entered on 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 D.A.R.E. Officer Program by entering into an inter-agency agreement; and, WHEREAS, the SCHOOL BOARD has requested that the Agency provide law enforcement personnel in certain Seminole County Public Schools for service as School Resource officer/D.A.R.E. Officers, and; WHEREAS, the Agency has agreed to provide law enforcement personnel to perform the duties and responsibilities of School Resource Officer/D.A.R.E. Officers in certain Seminole County Public Schools; NOW, THEREFORE, in consideration of the mutual considerations, understandings and covenants set forth herein, the parties agree as follows: 1. TERM: The term of this Agreement is one fiscal year commencing July 1, 2007, and continuing until June 30, 2008, the date of signature by the parties notwithstanding. This agreement may be renewed for successive terms of like duration by mutual agreement of the parties and upon such terms as they shall agree. 2. PURPOSE: The purpose of this Agreement is to foster better relations between students and law enforcement personnel; to deter crime on or about school premises by the presence of a law enforcement officer; to enforce local, state, and federal laws; and to have law enforcement officer available for presentations to the students, faculty, and parents concerning law enforcement and various law enforcement related subjects. 3. SERVICES: (a) The Agency agrees to provide five (5) full time School Resource Officers and two (2) D.A.R.E. Officers and who will perform such duties set forth in Exhibit A, Page 1 & Page 2 (School Resource Officer); or Exhibit "B" (D.A.R.E. Officer), which are attached hereto and made a part hereof for all purposes by reference and attachment. Each officer shall be equipped with a patrol vehicle, personal weapon, personal communications unit, and such other equipment as is standard for the agency. 4. COMPENSATION: The School Board will pay to the City of Sanford the sum of Two Hundred Fifteen Thousand Eight Hundred Ten Dollars and 00/100 ($215,810.00) in 8 equal payments in amount of $26,976.25 in accordance with the following schedule of payments: Page 1 a.) Initial payment: Amount: $26,976.25 Date of Payment: October 5, 2007 b.) All subsequent payments shall be in equal amounts of $26,976.25 and shall be payable on or before the 5th day of each month thereafter. 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 direct payment of any salaries, wages, other compensation or benefits to any School Resource Officer/DARE 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 or D.A.R.E. Officer. 8. INDEMNIFICATION: a.) The SCHOOL BOARD agrees to indemnify and hold the AGENCY, its officers, employees and agents harmless to the extent permitted by Florida law as set forth in S 768.28. Fla. Stat, from any liability, loss, damage, judgment, lien, expense and cost sustained or incurred in connection with any claims, suits, actions or proceedings made or brought against the AGENCY as a result of any wrongful or negligent act or omissions of the SCHOOL BOARD, its officers, employees or agents, while acting within the scope of the employee's office or employment and while in the performance of its obligations under this Agreement. b.) The AGENCY agrees to indemnify and hold the SCHOOL BOARD, its officers, employees and agents, and hold harmless to the extent permitted by Florida law as set forth in S 768.28, from any liability, loss, damage, judgment, lien, expense and cost sustained or incurred in connection with any claims, suits, actions or proceedings made or brought against the SCHOOL BOARD as a result of any wrongful or negligent acts or omissions of the AGENCY, its officers, employees or agents, while acting within the scope of the employee's office or employment and while in the performance of its obligations under this Agreement. c.) The agreements hereinabove set forth at ~ 8.a. and 8.b. shall survive the termination of this agreement and be fully binding upon the parties until such time as any and all claims are barred by any applicable statute in limitation of actions has expired. Page 2 9. EMPLOYEE STATUS: (a) The School Resource Officer and D.A.R.E. Officer shall be deemed at all times to be employees of the Agency and not employees or agents of the School Board. The School Resource Officer or D.A.R.E. 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 D.A.R.E. 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 D.A.R.E. Officer shall be deemed an employee of the SCHOOL BOARD and that no officer or employee ofthe SCHOOL BOARD shall be an employee of the Agency. 10. DESIGNATED CONTRACT ADMINISTRATOR: a. For the School Board: Gene Grace Educational Support Center Seminole County Public Schools 400 East Lake Mary Blvd. Sanford, Florida 32773 b. For the Agency: Brian Tooley, Chief of Police Sanford Police Department 815 S. French Avenue 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 to by certified mail or hand delivered. a. For the School Board: Dr. Bill Vogel, Superintendent Seminole County Public Schools 400 E. Lake Mary Blvd. Sanford, Florida 32773 b. For the Agency: and also: Brian Tooley, Chief of Police Sanford Police Department 815 S. French Avenue Sanford, Florida 32771 F or the Agency: Sherman Yehl, City Manager City of Sanford 300 North Park Avenue Sanford, FL 32771 Page 3 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 part. 12. AGENCY RELATIONSHIP: (a) The parties recognize that the School Resource Officer and D.A.R.E. 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 director of the officer's agencies standard operating procedures and agency supervisor. In the event the agency shall require the officer to assist with emergencies or civil disturbances off school premises, the officer shall be permitted to respond by the school principal. Any such exigent situation shall not affect any compensation required to be paid to the Agency by the School Board. (b) All policy disputes shall be referred by the principal to his/her executive director and by the School Resource Officer or D.A.R.E. Officer to his/her supervisor for resolution. 13. TERMINATION: This agreement may be terminated by any party at any time, upon not less than thirty (30) days written notice delivered by Certified Mail, Return Receipt Requested, or in person to the other parties, 14. ENTIRE AGREEMENT: (a) It is understood and agreed that the entire agreement of the parties is contained herein and that this agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof, as will 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: ATTEST: rtuiRf/Z. Ark;~ /i) I City ~k /f Date: (.J:A.lt'fL II ! " OL ()f) '( ~.:~~.~ ~ ~---- a~ /' /d'A~ayor Date: ~l ~ .13; 6? c:Jt) 7 Page 4 ATTEST: BY: SiPt UlJeP Dr. Bill Vogel, Superintendent Seminole County Public Schools Barry Gainer, Sc 01 Board Chairman Seminole County Public Schools DATE: ~C}S 107 DATE: q #S- /O-:J As authorized for execution by the School Board in its meeting of 9/..::1,3;" , 2007. I Page 5 SCHOOL RESOURCE OFFICER 1. Anything set forth herein to the contrary, the school resource officer shall at all times perform his/her duties in accordance with the officer's agency's standards 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 resource officer will be familiar with the operation of audio-visual equipment generally in use in the school. 5. The officer will report in and out when the officer arrives at or leaves a campus as directed by the principal of each campus. 6. When school is not in session, the officer shall perform such duties as are directed by his agency. The principal or his designee shall advise the officer's agency supervisor of the school's calendar, 7. The officer will make contact reports for each student counseled. The contact reports will be filed with the school's guidance department. No students will be contacted during school hours and on the school campus about their suspected criminal activity without notice to the school principal and except in accordance with the officer's agency's standard 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. EXHIBIT "A" Page 1 10, The officer shall participate in such classroom teaching activities as are deemed appropriate by the school principal and as are directed by the school principal. EXHIBIT "A" Page 2 D.A.R.E. OFFICER Duties and ResDonsibilities: In addition to the routine duties and responsibilities of a City of Sanford Police Officer, a D.A.R.E. Officer will have the following specific duties and responsibilities: (a) The Officer will teach the 10-week D,A.R.E. curriculum; (b) The Officer will counsel students; (c) The Officer may attend meetings - PTA, School Board, etc.; (d) The Officer may have speaking assignments outside the school atmosphere - PT A, Neighborhood Watch, etc,; (e) The Officer will maintain lesson plans; (f) The Officer will coordinate D.A.R.E. graduation and contact media and community people to notify them; (g) The Officer may attend training sponsored by Florida Department of Law Enforcement; (h) The Officer may attend the summer D.A.R.E. conference; (i) The Officer will be familiar with school procedures in regard to emergency situations. A D.A.R.E, Officer is not to: (a) Engage in school disciplinary activities; (b) Organize, direct, participate in "detention periods". EXHIBIT "B"