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1720 2015 SCPS/SRO AgreementSEMINOLE COUNTY PUBLIC SCHOOLS SCHOOL RESOURCE OFFICER AGREEMENT THIS AGREEMENT, is made and entered into by and between the SCHOOL BOARD OF SEMINOLE COUNTY, FLORIDA, whose address is 400 East Lake Mary Blvd., Sanford, Florida 32773, hereinafter referred to as "School Board ", the City of Sanford, Florida a municipal corporation, hereinafter referred to as "The Agency ". WITNESSETH: WHEREAS, the parties desire to implement the provisions of 1006.12, School Resource Officer Program, and Focus on Safety Program by entering into an inter - agency agreement; and, WHEREAS, the SCHOOL BOARD has requested that the Agency provide law enforcement personnel at Bentley Elementary, Goldsboro Elementary, Hamilton Elementary, Pine Crest Elementary, Wicklow Elementary, Sanford Middle, Millennium Middle, Crooms Academy, and Seminole High School for service as a School Resource Officer /Focus on Safety Officer. WHEREAS, the Agency has agreed to provide law enforcement personnel to perform the duties and responsibilities of a School Resource Officer and Focus on Safety. Officers at Bentley Elementary, Goldsboro Elementary, Hamilton Elementary, Pine Crest Elementary, Wicklow Elementary, Sanford Middle, Millennium Middle, Crooms Academy, and Seminole High School; NOW, THEREFORE, in consideration of the mutual considerations, understandings and covenants set forth herein, the parties agree as follows: 1. TERM: The term of this Agreement is one fiscal year commencing July 1, 2015, and continuing until June 30, 2016, the date of signature by the parties notwithstanding. This agreement may be renewed for successive terms of like duration by mutual agreement of the parties and upon such terms as they shall agree. 2. PURPOSE: The purpose of this Agreement is to foster better relations between students and law enforcement personnel; to deter crime on or about school premises by the presence of a law enforcement officer; to enforce local, state, and federal laws; and to have law enforcement officers available for presentations to the students, faculty, and parents concerning law enforcement and various law enforcement related subjects. 3 SERVICES: The Agency agrees to provide (5) five full time School Resource Officers and Two (2) Focus on Safety Officers who will perform such duties set forth in Exhibit "A ", Page 1 and 2, (School Resource Officer); or Exhibit `B" (Focus on Safety Officer), which are attached hereto and made a part hereof for all purposes by reference and attachment. Each officer provided shall at a minimum be equipped with a patrol vehicle, personal weapon, personal communications unit, and such other equipment as is standard for the agency. 4. COMPENSATION: a.) The School Board will pay to the City of Sanford the sum of Two Hundred Sixty Two Thousand Six Hundred Twelve Dollars and 00 /100 ($262,612.00) in 8 equal payments in the amount of ($32,826.50) in accordance with the following schedule of payments: Page 1 Initial payment: Amount: $32,826.50 Date of Payment: October 1, 2015 b.) All subsequent payments shall be in equal amounts of $32,826.50 and shall be payable on or before the 1" day of each month thereafter through May, 2016. 5. COOPERATION: The parties to this agreement agree that their respective officers, employees and agents will mutually cooperate with each other to insure that this agreement is fully performed to achieve the goals set forth in 1006.12. 6.) LIABILITY FOR SALARIES, BENEFITS AND OTHER COMPENSATION: The SCHOOL BOARD shall not be liable for the payment of any salaries, wages, other compensation or benefits to any School Resource Officer performing services pursuant to this agreement. 7. LIABILITY FOR INJURY OR SICKNESS: The SCHOOL BOARD shall not be liable for the payment of any sums or indemnification to the City, or any of its employees, for injuries or sickness arising out of performance of duties hereunder by the School Resource Officer. 8. INDEMNIFICATION: a.) Each party shall indemnify and hold the other party and its officers, employees and agents, and hold harmless to the extent permitted by Florida law as set forth in § 768.28 Fla. Stat., from any liability, loss, damage, judgment, lien, expense and cost sustained or incurred in connection with any claims, suits, actions or proceedings made or brought against the party as a result of any wrongful or negligent acts or omissions of the other party, its officers, employees or agents, while acting within the scope of the employee's office or employment or while in the performance of its obligations under this Agreement arising under § 768.28, Fla. Stat. b.) The provisions of this Section shall survive the termination of this agreement and be fully binding upon the parties until such time as any and all claims are barred by any applicable statute in limitation of actions. Neither party waives sovereign immunity by way of this provision. 9. EMPLOYEE STATUS: a.) The School Resource Officer and Focus on Safety Officer shall be deemed at all times to be employees of the Agency and not an employee or agents of the School Board. The School Resource Officer shall at all times be deemed to be an employee of the agency and not of the School Board for purposes of workers' compensation and tort liability pursuant to 768.28, Florida Statutes. At all times when the School Resource Officer or Focus on Safety Officer is in the performance of duties hereunder the officer shall be deemed to be acting within the course and scope of the officer's employment as an officer, employee or agent of the Agency. b.) It is understood and agreed by the parties that no School Resource Officer or Focus on Safety Officer shall be deemed an employee of the SCHOOL BOARD and that no officer or employee of the SCHOOL BOARD shall be an employee of the Agency. Page 2 10. DESIGNATED CONTRACT ADMINISTRATOR: a. For the School Board: Bob DeVecchio, Coordinator of Safety & Security Services Seminole County Public Schools 400 East Lake Mary Blvd. Sanford, Florida 32773 b. For the Agency: Cecil E. Smith, Chief of Police Sanford Police Department 815 Historic Goldsboro Blvd. Sanford, Florida 32771 11. NOTICES: Whenever any party desires or is required by law to give any notice to the other party, notice shall be sent by certified mail or hand delivered. a. For the School Board: Walt Griffin, Ed.D., Superintendent Seminole County Public Schools 400 East Lake Mary Blvd. Sanford, Florida 32773 b. For the Agency: Cecil E. Smith, Chief of Police Sanford Police Department 815 Historic Goldsboro Blvd. Sanford, Florida 32771 In addition a copy of all notices shall be mailed /delivered to the designated contract administrator. Any change in either the agency head or the contract administrator shall be noticed in writing to the other party. 12. AGENCY RELATIONSHIP: (a) The parties recognize that the School Resource Officer /Focus on Safety Officer is a law enforcement officer and not a school administrator or employee. In all matters relating to the performance of law enforcement functions such as criminal incident investigations, the officer shall be subject to the direction of the officer's agency's standard operating procedures and agency supervisor. In the event the agency shall require the officer to assist with emergencies or civil disturbances off school premises, the officer shall notify the school principal. Any such exigent situation shall not affect any compensation required to be paid to the Agency by the School Board. (b) All policy disputes shall be referred by the principal to his /her executive director and by the School Resource Officer /Focus on Safety Officer's supervisor for resolution. 13. TERMINATION: This agreement may be terminated by any party at any time, upon not less than thirty (30) days written notice delivered by Certified Mail, Return Receipt Requested, or in person to the other parties. Page 3 14. ENTIRE AGREEMENT: (a) It is understood and agreed that the entire agreement of the parties is contained herein and that this agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof, as well as any previous agreements presently in effect between the parties, relating to the subject matter hereof. (b) Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing, approved by the respective parties and duly executed on behalf of each party. Executed at Sanford, Seminole County, Florida on the dates as shown: Date:' ' 6 l S Attest: By: � 6 C nthiaYbrter , City Clerk Date: Date:1- ( /S� By: f Walt Gri ffin, Ed.D., Superintendent Date: Approved as to form and legality for use and reliance by: Veil iam L. Colbert, Esq. Serita D. Beamon City Attorney School Board Attorney Date: f/ s'� Date: "tf As authorized for execution by the School Board in its meeting of , 2015. Page 4 EXHIBIT "A" SCHOOL RESOURCE OFFICER 1. Anything set forth herein to the contrary, the school resource officer shall at all times perform his /her duties in accordance with the officer's agency's standard operating procedures. 2. The powers and duties of the school resource officer as a law enforcement officer shall continue throughout the school resource officer's assignment in that capacity. 3. The school resource officer shall be responsible to his/her agency in all matters relating to employment, except that activities conducted by the school resource officer which are part of the regular school instructional program shall be under the direction of the principal. 4. The school officer will be familiar with the operation of audio - visual equipment generally in use in the school. The officer will report in and out when the officer arrives at or leaves a campus. 6. When school is not in session, the officer shall perform such duties as are directed by his agency. The principal or his/her designee shall advise the officer's agency supervisor of the school's calendar. 7. The officer will make contact reports for each student counseled. The contact reports will be filed with the school's guidance department. No students will be contacted during school hours and on the school campus about their suspected criminal activity without notice to the school principal or his /her designee and except in accordance with the officer's agency's standards operating procedures. 8. All student record information will be maintained in accordance with the provisions of 1002.22 F.S. 9. a. The officer will integrate with the students between class breaks, during lunch periods, before and after school and at school activities at which the officer is in attendance in the course of his employment duties; b. The officer will serve as a referral resource for students, faculty and parents to community agencies; c. The officer will serve as a law enforcement resource person to the school administration, the school security officers and the district chief of security; d. The officer will assist the school principal, school security officer and district chief of Security in developing plans and strategies for the prevention and control of dangerous situations at the school; e. The officer will coordinate activities with the school guidance department in an effort to identify those students who exhibit indications of early delinquent behavior. 10. The officer shall participate in such classroom teaching activities as are deemed appropriate by the school principal. Page 5 EXHIBIT "B" FOCUS ON SAFETY PROGRAM OFFICER DUTIES AND RESPONSIBILITIES In addition to the routine duties and responsibilities of a Sanford Police Department Officer, a Focus on Safety Officer will have the following specific duties and responsibilities: 1. The Focus on Safety Officer shall present the newly adopted Focus on Safety program to public elementary school students that will include a 10 week program for fifth grade students. The Focus on Safety Officer will coordinate classroom visitations with the Kindergarten through fourth grade, pre - kindergarten, and ESE students. They will determine the specifics of these visitations with the Principal or his /her designee. The Focus on Safety Officer shall serve at five elementary schools and will be assigned school resource duties when not actively teaching. 2. The Focus on Safety Officer shall interface with students during class presentations, class breaks, meal periods, and before and after school. 3. The Focus on Safety Officer shall, at all times, perform his /her duties in accordance with Sanford Police Department standard operating procedures, enforcement policies and the agency general orders. 4. The Focus on Safety Officer shall maintain all law enforcement powers, duties and responsibilities inclusive of his /her position as an Officer while assigned to the Focus on Safety program. 5. The Focus on Safety Officer shall be responsible to his /her agency in all matters relating to employment, with the exception of those activities conducted by the Officer that are part of the regular school program. Those activities shall be under the direction of the principal or his /her designee. 6. The Focus on Safety Officer shall be at his or her school during normal school hours when students are in attendance. If the Focus on Safety Officer is unable to be on campus or needs to leave campus, those times will be coordinated with the school administrator and the Officer's supervisor. 7. The Focus on Safety Officer shall perform such duties as directed by his /her supervisor when school is not in session. The school administrator shall advise the Officer's supervisor of the school's activity calendar. 8. All student record information will be maintained in accordance with the provisions of Florida State Statues. 9. The Focus on Safety Officer will serve as a referral resource for students, faculty, and parents to community agencies. Page 6 10. The Focus on Safety Officer will serve as a law enforcement resource individual and in such capacity, assist the school principal, school security officer, and district chief of security in developing plans and strategies for the prevention and control of dangerous situations at the school. 11. The Focus on Safety Officer will coordinate activities with the school guidance department in an effort to identify those students who exhibit indications of early delinquent behavior. 12. The Focus on Safety Officer shall participate in classroom teaching activities as requested by the school principal or his/her designee. The Focus on Safety Officer will be given appropriate classroom time for the Focus on Safety program as well as classroom visitations. 13. The Focus on Safety Officer shall attend on a regular basis, meetings of the school faculty, parent- teacher organization, and other school -based meetings. 14. The Focus on Safety Officer shall be informed of any situation occurring on school grounds that would appear to be a violation of the law or criminal in nature and shall work together with the School Administrator to keep all parties informed during the course of all criminal investigations. 15. The Focus on Safety Officer will work with the School Administrator when determining whether an arrest should be made or if there is an alternative solution to the incident, which would still be in compliance with Florida State law. The final decision for arrest or not to arrest will be with the attending Officer on scene at the incident. 16: The Focus on Safety Officer shall affect a physical arrest on all felony type cases and all incidents that are "zero tolerance ", such as drugs, weapons, and alcohol violations on school grounds. 17. All sworn statements from the School Administration, teacher(s), and other staff members must be provided to the Focus on Safety Officer prior to the end of the day, on the same day of the incident. 18. At no time will a Focus on Safety Officer be assigned to a post or other duty at the school unless it is agreed upon by both the Officer and the Administration. Both must also acknowledge that the Officer could be called away. Page 7