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2509 COS School Board of Sem CO SRO Agreement134�1 CITY OF SANFORD/SCHOOL BOARD OF SEMINOLE COUNTY, FLORIDA SRO AGREEMENT 2023-2024 THIS AGREEMENT is made and entered into by the SCHOOL BOARD OF SEMINOLE COUNTY, hereinafter referred to as "SCHOOL BOARD." whose address is 400 East Lake Mary Blvd., Sanford, Florida 32773, and CITY OF SANFORD, a municipal corporation, hereinafter referred to as the "CITY". WITNESSETH: WHEREAS, in accordance with Section 163.01, Florida Statutes, the CITY and the SCHOOL BOARD are authorized to enter into inter -local agreements for the provision of services; and WHEREAS, Section 1006.12 Florida Statutes, requires one or more safe -school officers at each school facility within the school district; and WHEREAS, the CITY and the SCHOOL BOARD have previously instituted the provisions of Section 1006.12, Florida Statutes, by providing for a School Resource Officer at each of the traditional non -charter public schools in Seminole County pursuant to the School Resource Officer Program; and WHEREAS, the SCHOOL BOARD desires to continue implementing the provisions of Section 1006.12, Florida Statutes, by providing for a School Resource Officer (this term shall have the same meaning as 'School Resource Officer within section 1006.12, Florida Statute and shall hereinafter be referred to as "SRO") at each of the traditional non -charter public schools in Seminole County pursuant to the School Resource Officer Program; and WHEREAS, the SCHOOL BOARD has requested that the CITY continue to provide law enforcement personnel in certain Seminole County Public Schools to provide services as SROs; and WHEREAS, the CITY has agreed to continue to provide law enforcement SROs to perform the duties of SRO in certain Seminole County Public Schools; and WHEREAS, the SCHOOL BOARD has established a Seminole County Public School District School & Security Director ("School Safety & Security Director") to enhance existing school safety initiatives in existence between the SCHOOL BOARD and county and municipal law enforcement participants in the SRO Program and the Project You(th) K-12 curriculum ("Project Youth") administered throughout Seminole County Public Schools; and WHEREAS, the School Safety & Security Director has many duties and responsibilities and among them is the responsibility for providing oversight of the SRO Program, Project You(th) and 1 the Law Enforcement Canine Program administered within Seminole County Public Schools which includes oversight in the areas of selection requirements, training, curriculum, the provision of services, and compliance with minimum training requirements; and WHEREAS, the CITY and the SCHOOL BOARD are authorized to enter into inter -local agreements for the provision of services and to provide for cost-sharing between CITY and SCHOOL BOARD to provide funding for services; and NOW, THEREFORE, in consideration of the mutual understandings and agreements set forth herein, the CITY and SCHOOL BOARD agree as follows: 1. Term and Termination a. The TERM of this Agreement shall be from July 1, 2023 until June 30, 2024, 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 (3 0) 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 provide compliance requirements consistent with section 1006.12 Florida Statutes and to provide for the protection and safety of the school, school personnel, property, students, and visitors. It is also the purpose of this Agreement 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 SRO, to enforce local and state laws, and to have law enforcement SROs 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 Project You(th) which is a curriculum developed for K-12 students in Seminole County 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 Project You(th) and establish uniformity through the direction of the School Safety & Security Director 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 2 a. It is agreed that both parties shall provide all necessary cooperation and assistance so as to facilitate this Agreement and achieve the goals set forth in Section 1006.12, Florida Statutes. b. It is also agreed that both parties will provide all reasonable and necessary cooperation to facilitate the accomplishment of the SCHOOL BOARD'S statutory obligations as it relates to school safety, the goals and objectives of the School Safety & Security Director position and the duties and responsibilities of the School Safety & Security Director. 4. The CITY agrees to: a. Provide SROs full-time who will perform the duties set forth in Exhibit A (School Resource SRO) which is attached hereto and made a part hereof for all purposes by reference and attachment, available to perform the duties set forth in Exhibit A, who will begin services upon the start of the 2023-2024 school year. The CITY shall be responsible for all operating and outfitting costs. All SROs provided shall, at a minimum, be equipped with a patrol vehicle, a duty weapon, radio, and such equipment issued by the CITY to officers. Additionally, the SROs shall maintain full fitness for duty in order to be able to respond to crisis situations. The expectation of service is that a sworn law enforcement SRO (preferably a trained school resource SRO) will be on campus daily and provide continuous coverage during school hours. If the CITY is unable to fulfill these requirements, it will inform the School Safety Director in a timely manner and the CITY shall adjust its compensation and payment reimbursement invoice to the SCHOOL BOARD to reflect the service deficiency. b. Notwithstanding the requirements outlined herein, the requirements of (4)(a) are not applicable during a critical event/incident where both parties agree upon the reallocation of mission critical assets. C. Provide full-time SROs who will perform the duties set forth in Exhibit B (Project You(th) ) in addition to Exhibit A and which is also attached hereto and made a part hereof for all purposes by reference and attachment. d. The SRO duty hours will not exceed a 40 hour work week and will correspond to those days and during those hours that the assigned school is in regular session and those days and during those hours when Seminole County Public Schools are operating a summer learning session. The SRO shall be on school grounds and on duty at least fifteen (15) minutes prior to the start of the school day session and remain on school grounds and on duty for at least fifteen (15) minutes after the school day session concludes. This time shall be computed as part of the total 40 hour work week. If any CITY Officer, including the assigned SRO, is sought in exceptional circumstances outside the regular workday, such as, parent -teacher conferences, sporting events or other special school events, the school 3 principal, in consultation with the SRO and the SRO's supervisor may use "flex" time established by the shorter workday on Wednesdays and days when school is not in session to cover after school events outside of the SRO's normal work schedule, provided the total time worked does not exceed a 40 hour work week and coverage during normal school hours is not affected. If CITY officer services cannot be accommodated by use of "flex" time then this additional time shall be treated and handled as an off-duty detail consistent with the CITY'S procedures and pricing. The SRO will wear the CITY officer uniform at all times while on duty as an SRO; however, appropriate civilian attire may be worn on those occasions mutually agreed upon by the Principal and the CITY or their appropriate designees. f. Facilitate the provision and payment of statutory required and non -statutory required specialized training as mandated by the School Safety & Security Director, for officers assigned to fulfill the terms of this Agreement, and their assignment consistent with the specific job function, so that they can perform law enforcement duties in a public school environment. Specialized training includes, but is not limited to, the following: Basic SRO Training, SRO wrap around training, Crisis Intervention Training, Instructor Techniques, Project You(th), Trauma -Informed Care, Cyber Safety -Social Media Dangers and Awareness, Autism Awareness, Bullying Prevention, Exceptional Student Education Awareness Training, Mental Health Crisis Intervention Training, Stop the Bleed Training, Student Threat Assessment, and training addressing active threats, hostage situations, bomb threats, de-escalation and incident command and anything determined to be a critical need by the School Safety & Security Director. g. Provide the SRO with equipment and resources needed to attend and participate in training, provided reasonable notice of the required equipment and resource is communicated to the SRO or the SRO's supervisor. h. Provide for the payment of all salaries, wages, other compensation, and benefits for all SROs assigned to perform services set forth in this Agreement. L The CITY agrees to provide to the Seminole County Public School Safety & Security Director an affidavit which shall be accepted as certification that each SRO is in compliance with the requirements of section 1006.12, Florida Statutes, and which indicates that the CITY has completed a criminal background check, drug testing, and a psychological evaluation on the assigned SRO and that the assigned SRO is a certified law enforcement officer, as defined in section 943.10(l) Florida Statutes, who is employed by CITY, a law enforcement CITY as defined in section 943.10(4) Florida Statutes. The powers and duties of the SRO must continue throughout the SRO's tenure as a school resource officer. 4 j. The CITY shall also submit an affidavit to certify that the SRO has completed mental health crisis intervention training using a curriculum developed by a national organization with expertise in mental health crisis intervention and designed to improve officers' knowledge and skills as first responders to incidents involving students with emotional disturbance or mental illness, including de-escalation skills to ensure student and officer safety as soon as practical after completion. 1. The CITY will ensure any officer working in a Seminole County Public School, even on a temporary basis, in the capacity of a Safe School Officer as defined by Section 1006.12, Florida Statutes, has completed a criminal background check, drug testing, and psychological evaluation and is a certified law enforcement officer, as defined in Section 943.10(1), Florida Statutes, who is employed by the CITY, a law enforcement CITY as defined in Section 943.10(4), Florida Statutes. M. Assure that the SRO uses any information made accessible to him or her by the SCHOOL BOARD or the School Safety & Security Director pursuant to this Agreement, or by virtue of SRO's participation as a member of the District's Threat Management Team, and only for the purposes for which the disclosure was made or as otherwise authorized pursuant to section 1006.07(7) Florida Statutes and The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99). CITY acknowledges and agrees that the assigned SROs are not "school officials" pursuant to section 1002.221, Florida Statutes, 20 U.S.C. Section 1232g, and the federal regulations issued pursuant thereto. A disclosure of unauthorized information by the assigned SRO to any person or party of unauthorized confidential information made confidential pursuant to the Family Educational Rights and Privacy Act and Section 1002.22 Florida Statutes, may result in the immediate termination of the assigned SRO and may also result in termination of this Agreement. n. Assure any SRO working in the schools in the capacity of an SRO is familiar with the contents of this Agreement and the SCHOOL BOARD'S Student Conduct and Discipline Code. o. Maintain a record of daily law enforcement personnel coverage, by school, for each school that is within the CITY's scope of responsibility. The CITY, on a quarterly basis, shall submit documentation electronically by use of an X -CAD search report to the School Safety & Security Director to support the SCHOOL BOARD'S State of Florida audit requirements. Any report that does not depict 100% coverage for any given school day may be supplemented by supporting documentation on the CITY' S letterhead to establish 100% coverage. The CITY will adjust the invoice to address any lack of coverage. 5 P. Assist the School's School Safety & Security Director and the SCHOOL BOARD to address any action which poses a threat to school safety, whether it involves a threat to the school, a student, staff member or third party. q. Notify the School Safety & Security Director of the following: lockdown, use of force that exceeds a routine takedown or redirection, felony arrest on campus, massive school disruption, medical emergency or any event that could cause public concern or attention. r. Although the School Safety & Security Director is expected to perform as the Incident Commander in any critical school -related incident, the SRO's CITY supervisor will also be on-site and part of the Unified Command Structure to help ensure that the best interests of the school and law enforcement are met. S. The CITY will provide the School Safety & Security Director with immediate notification in writing of any SRO whose employment with the CITY has been dismissed for misconduct or has otherwise been disciplined as this information must, in turn, be reported by the School District to the Office of Safe Schools immediately after, but no later than 72 hours afterwards, pursuant to Section 1006.12 (5), Florida Statutes. t. CITY will provide the School & Security Safety Director with immediate notification of any SRO that discharges his or her firearm in the exercise of the safe school officer's duties, other than for training purposes, as this information must, in turn, be reported by the School District to the Office of Safe Schools immediately after, but no later than 72 hours afterward, pursuant to Section 1006.12 (5), Florida Statutes. U. CITY agrees that the assigned SRO will not affect the arrest of any Seminole County Public School child aged ten or younger without the pre -approval of the CITY's school resource supervisor. In any such circumstance, timely notice must be provided to the School Safety Director. Additionally, the assigned SRO will also comply with the "Kaia Rolle Act" set forth in section 985.031 Florida Statutes prohibiting a child younger than seven years of age from being arrested, charged, or adjudicated delinquent for a delinquent act or violation of law, unless the violation of law is a forcible felony as defined in section 776.08 Florida Statutes CITY agrees that it will maintain a policy consistent with this provision. V. The CITY may, at the CITY's sole expense and discretion, purchase and install one (1) gun safe at any of the schools that are within the CITY's scope of responsibility. The CITY may arrange for the installation, during non -instructional hours, of a firearm safe suitable for the storage of a CITY issued rifle for use by the SRO. The safe selected by the CITY must have the following features: M 1. Biometric fingerprint technology that can be controlled by CITY without causing SCHOOL BOARD to collect, obtain, or retain information in violation of section 1002.222, Florida Statutes. 2. Steel deadbolt locking system 3. Fire -rated for a minimum of three (3) hours 4. Anti -pry tabs 5. Tamper-resistant inner edges 6. Eight gauges or heavier wall thickness 7. The safe will be bolted down to the floor W. The CITY will ensure that the location selected for any gun safe will be able to structurally support the gun safe and its contents and that any installed gun safe will not be easily removed or tampered with by unauthorized persons. The CITY shall be responsible for the cost of the safe, installation, and maintenance of the selected safe. The CITY will coordinate with SCHOOL BOARD officials regarding the location and placement of any gun safe so such items may be incorporated into the school's security plan. Further, the CITY shall have a written policy/procedure on file with the School Safety & Security Director, that at a minimum provides for the following: 1. SRO shall not leave their assigned rifle in the safe overnight; 2. SRO will transport the rifle into/out of the school in a rifle case, in a discrete manner on a daily basis; and 3. The CITY policy will provide that in the event of an active threat within the assigned school, the SRO will not deviate from their direct path to the active threat to recover the rifle. If either Party determines after this Agreement is terminated or after it expires that it will not enter into an Agreement for the following school year, the CITY will remove such gun safes and restore the premises to their original condition within thirty (30) calendar days from the notification of termination or by the end of the term of this Agreement, which occurs last, or such items shall become the SCHOOL BOARD's property and SCHOOL BOARD may dispose of the safes as it sees fit and appropriate. However, the contents of the gun safes shall remain the property of CITY and SCHOOL BOARD shall return the contents to CITY before disposing of the gun safes. X. The CITY will ensure assigned SROs are promoting and utilizing any approved school safety technology at the direction of the School Safety & Security Director. y. Ensure that the assigned SRO has been advised that mechanical devices, to include handcuffs, may not be used to restrain students with disabilities except in grades 6 through 12 in accordance with section 1003.573 Florida Statutes. Z. Ensure that the SROs are physically present and participate in active assailant drills. 7 5. The SCHOOL BOARD agrees to: a. Fund fifty percent (50%) of the negotiated rate (averaged personnel cost of a CITY officer) for personnel costs, including benefits, but excluding overtime, for one (1) CITY personnel assigned to perform services as set forth in this Agreement for the twelve-month period from July 1, 2023 to June 30, 2024. The CITY will provide one SRO at each Seminole County Public School covered by the CITY. b. Reserved. C. Provide the assigned SROs 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, and directory information pursuant to SCHOOL BOARD Policy 8330.01, as reasonably necessary and allowed by law to address a specific school or safety response identified by SCHOOL BOARD or the Principal. d. Provide each SRO with access to the Florida Safe Schools Assessment Tool (FSSAT) for the SRO's use in assisting the school with conducting security assessments in order to help it identify threats, vulnerabilities, and appropriate safety controls for the school. e. Ensure that each school's Threat Management Team involves a person with expertise in law enforcement, ideally the SRO or other police officer assigned to the school, in the Threat Assessment Process and Final Decision Making as required by section 1006.07 Florida Statutes. Except in the event of a conflict or unavailability of the assigned school SRO, the SCHOOL BOARD agrees to designate the assigned school SRO as a member of the school's Threat Management Team. f. Provide the CITY and SRO with reasonable time each quarter to provide relevant school safety training to school staff. g. Pursuant to "Alyssa's Law," section 1006.07, Florida Statutes, the SCHOOL BOARD has implemented and agrees to continue to implement a mobile panic alert system capable of connecting diverse emergency services technologies to ensure real-time coordination between multiple first responder agencies. SCHOOL BOARD further agrees that each SRO assigned to a Seminole County Public Schools will be provided access to the District's approved soft panic app on their cellular phones. The app will be the primary mass communication tool to alert the school staff of an emergency in compliance with "Alyssa's Law." 8 h. Upon request of CITY, SCHOOL BOARD will provide a suitable location in a non -instructional room within each school to which an SRO is assigned, for the placement of a firearm safe suitable for the storage of a CITY issued rifle. The chosen room will be equipped with a solid locking door and covered by the school's video security camera system. The provision of this location is subject to the CITY's compliance with section 4(v) above. i. SCHOOL BOARD will share with CITY its zero -tolerance policy which identifies acts that are required to be reported under the school environmental safety incident reporting (SESIR) pursuant to section 1006.07(9), Florida Statutes, any Department of Education Rules enacted as part of SESIRI and policies which also address the other requirements of section 1006.13, Florida Statutes. SCHOOL BOARD personnel in each school will report all required reportable SESIR. incidents to the assigned SRO as soon as practicable. Any updates or changes to these requirements or policies will be provided to CITY. 6. BOTH PARTIES agree: a. To work cooperatively with the SCHOOL BOARD and the School Safety & Security Director 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 & Security Director to equip all K-12 students with the right safety skills to make informed decisions in life and build a positive relationship with law enforcement SROs. C. That SROs are at all times employees of the CITY inclusive for purposes of workers compensation and tort liability pursuant to Section 768.28, Florida Statutes. SROs, when performing their duties, shall be deemed to be acting within the course and scope of the SROs' employment with the CITY. Appointment of SROs will be made by the CITY. The CITY and designated staff, in coordination with the Superintendent and his designee(s), shall assign or reassign SROs to specific schools based upon many factors to include, but not limited to: seniority, experience as a School Resource Officer, conflicts or potential conflicts of interest that would or could adversely affect the school (i.e., personal relationships with administrators, students, and/or teachers), and the needs and requests of the Superintendent. 1 Currently Dept. of Education Emergency Rule 6AER23-01 has been implemented, a copy of which is attached. 0 d. That SROs are law enforcement officers and not school administrators or school employees. In all matters relating to the performance of law enforcement functions, such as but not limited to, criminal incident investigations, on -campus arrests, and the means and methods for restraint, questioning, and detention of suspects, the SRO shall be subject to all standard operating procedures of the CITY and applicable local, state or federal law. However, section 1006.07 Florida Statutes recognizes that Threat Management Teams have been established at each school and their duties include the coordination of resources and assessment and intervention with individuals whose behavior may pose a threat to the safety of school staff or students even if such behavior does not constitute a completed crime. e. SROs 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 non -criminal. The SCHOOL BOARD will follow Florida Statutes and Department of Education Rules for required reporting of SESIR incidents. However, if the Principal or his or her designee believes that an incident rises to the level of a violation of the law, the Principal or his or her designee is to contact the assigned SRO. The SRO shall then determine whether law enforcement action is appropriate. The SRO is encouraged to seek consultation with his or her CITY supervisor in any matter or situation he/she deems appropriate. f. In all situations wherein the assigned SRO contemplates criminal charges involving any employee of the SCHOOL BOARD or a student's arrest for a felony occurring on the school grounds during the school day, the matter shall be brought to the attention of the School Safety & Security Director and his/her assigned CITY supervisor, as well as the Principal, as soon as practicable. With regard to the arrest of a school employee for a felony or misdemeanor involving abuse of a child or the sale or possession of a controlled substance, the AGENCY will provide notice of the arrest and the specific charge for which the employee was arrested to the School Safety & Security Director, the School Principal and the School District Superintendent within 48 hours of the arrest as required under section 1012.797, Florida Statutes.2 g. To the extent allowed by law and as practicable, both parties agree to give advance notice to the other and the opportunity for input prior to the release of any press release, media statements, or social media post on all matters related to law enforcement actions taken on school grounds or dealing with SCHOOL BOARD students or faculty. IN h. All body -worn camera recordings captured by the CITY's SROs within the school, remain the property and work product of the CITY. Any requests made to the SCHOOL BOARD by a third party for copies of video recordings shall be referred to the CITY's Records Division for handling in accordance with Florida law. The CITY and SCHOOL BOARD further agree that if equipped with the use of a body -worn camera, then the camera operation is part of the SRO's uniform. It is the intention of this Agreement that within the school setting, the body -worn cameras will only be used when taking law enforcement action, or as otherwise authorized by the CITY'S policy. i. In the event that schools are closed due to circumstances beyond the control of the Parties, the CITY chief of police and District Superintendent will meet to discuss opportunities for the CITY to temporarily absorb the SROs and/or opportunities for the SROs to perform other duties benefiting the district or district -related duties. Work with each other to assist the school district mental health coordinator as needed to meet the requirements of section 1006.07 (6) (b) Florida Statutes.3 k. The Parties agree to notify the School Safety & Security Director of all false tips through FortifyFL so that notification of said false tip can be investigated by law enforcement pursuant to section 943.082(2)(c), Florida Statutes. 1. Although SCHOOL BOARD production of school video surveillance to CITY will be determined on a case by case basis, the parties agree that there is a presumption that the SCHOOL BOARD will provide CITY with school surveillance, without the need for a subpoena or Court Order, upon written request from CITY setting forth a representation that said information is: (1) needed based upon an articulable and significant threat to the health or safety of a student or other individuals; and (2) is needed to protect the health or safety of a student or other individuals; and (3) is needed in furtherance of that CITY's official duties and responsibilities. Requests, whether by subpoena or in writing shall be directed to the SCHOOL BOARD's Legal Services Department for processing. 7. Services This Agreement may be modified by addendum for additional services to be performed by the CITY 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. 8. Compensation and Payment 11 a. The SCHOOL BOARD agrees to reimburse the CITY for providing School Resource Officers as set forth herein as negotiated and agreed to by the Parties. Payments will be made on a monthly basis in 12 equal installments, payable by the 5th business day of the month following the last day of the calendar month within which the services were provided. This agreement is a cost sharing agreement. The SCHOOL BOARD's cost is as follows: CITY Fiscal Year 2023-2024 SRO Costs 50% of annual negotiated rate per SRO ($124,145.00 per SRO) $ 682,795.5 for eleven (11) SROs (50% is $62,072.50 per SRO) 100 % of annual negotiated rate per SRO ($124,145 per SRO) for $ 124,145 one(l) SRO 100 % of annual negotiated rate per SRO ($122,733 per SRO) for $ 122.733 one(1) SRO Known billable total for Fiscal Year 2023-2024 $ 929,673.50 Known Monthly Rate for 2023 — 2024 $ 77,472.79 + $.02 Last month b. Invoices will be sent by the CITY to the SCHOOL BOARD at least 15 days prior to the payment due date. The SCHOOL BOARD shall remit payments to the following address: Cecil E. Smith, Chief of Police (or designee) City of Sanford Police Department 815 Historic Goldsboro Boulevard Sanford, Florida 32771 C. The CITY shall make every reasonable effort to submit to the SCHOOL BOARD Superintendent no later than June 1St of each year the costs 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 CITY and the SCHOOL BOARD. 9. Hold Harmless 12 a. The SCHOOL BOARD agrees to hold harmless the CITY, its SROs, employees and agents, from any liability, loss, damage, judgment, lien, expense and costs sustained or incurred in connection with any claims, suits, actions, or proceedings made or brought against the CITY 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 CITY agrees to hold harmless the SCHOOL BOARD, its officers, employees and agents, from any liability, loss, damage, judgment, lien, expense and costs 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 CITY, its officers, employees or agents. C. The CITY 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 CITY 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.a 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. 10. Dispute Resolution a. All policy disputes shall be referred by the Principal to his/her executive director and by the SRO to the School Safety & Security Director and to his/her CITY department 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 adequately performing his or her duties and responsibilities, the Principal shall recommend to the Superintendent of Schools or his designee, that the SRO be removed from the program at his/her school and shall state the reasons therefore in writing. i. Within a reasonable time after receiving the recommendation from the Principal, the Superintendent or his designee shall advise the CITY or its designee of the Principal's request. ii. If the CITY so desires, the Superintendent and the CITY or their designees shall meet with the SRO 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 SRO shall be removed 13 from the program at the school and a replacement shall be assigned by the CITY after input from the School Safety & Security Director and the Superintendent. C. This Agreement shall be governed by and construed with the laws of the State of Florida. Venue shall be in the State Courts of Seminole County, Florida or the Federal Courts of the Middle District of Florida, Orlando Division. d. The CITY Chief of Police 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. 11. 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 CITY: Cecil E. Smith, Chief of Police (or designee) City of Sanford Police Department 815 Historic Goldsboro Boulevard Sanford, Florida 32771 For SCHOOL BOARD: Serita D. Beamon, Superintendent Seminole County Public Schools 400 East Lake Mary Boulevard Sanford, Florida 32773 12. Agreement Point of Contact For purposes of administration, interpretation, and resolution of issues arising from the interpretation of this Agreement, the following individuals are designated as CITY points of contact: For CITY: Cecil E. Smith, Chief of Police (or designee) City of Sanford Police Department 815 Historic Goldsboro Boulevard Sanford, Florida 32771 14 Captain Tracy Fortenberry School Safety & Security Director Seminole County Public Schools 400 East Lake Mary Boulevard Sanford, Florida 32773 13. 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. IN WI'I'NESS WHEREOF, the parties to this Agreement have caused their names to be affixed hereto by the proper officers thereof for the purposes herein expressed. ATTEST: k%aVTHOU Traci I-louchin, MMC, FORM City Clerk For use and reliance of the Sanford City Commission only. Approved as to form and legality, -' 10P lm Colbert City Attorney W THE SCHOOL BOARD OF SEMINOLE COUNTY, FLORIDA f&�4t il_e k - Ilica"U'L Kristine Kraus, Chainnan Date: ,2023 Witness: ATTEST - /Serita Beaman, Superintendent Date: .,2023 Witness:,, m EXHIBIT "A" SRO DUTIES AND RESPONSIBILITIES In addition to the routine duties and responsibilities of CITY, a School Resource Officer (SRO) will have the following specific duties and responsibilities: 1. The SRO shall at all times perform his/her duties in accordance with the CITY's standard operating procedures. 2. The SRO 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 SRO shall undergo a criminal background check, drug testing, and a psychological evaluation as outlined in section 1006.12(1)(c), Florida Statutes prior to reporting to duty at the assigned school. 4. The SRO shall be responsible to his/her CITY in all matters relating to employment, except that activities conducted by the SRO 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 School Safety & Security Director. 5. The SRO duty hours will not exceed a 40 hour work week corresponding to those days and during those hours that the SRO's assigned school is in regular or summer session. The SRO shall be on school grounds and on duty at least fifteen (15) minutes prior to the start of the school day session and remain on school grounds and on duty for at least fifteen (15) minutes after the school day session concludes. This time shall be part of the SRO's 43 hour work week. The SCHOOL BOARD will advise the CITY by May 15, 2024, of all applicable summer school session days and schools which will be operating and thus require an SRO under this Agreement. a. The SRO provided shall, at a minimum, be equipped with a patrol vehicle, duty weapon, radio, and such equipment issued by the CITY to SRO. Additionally, the SRO so assigned shall maintain full fitness for duty in order to be able to respond to crisis situations. The expectation of service is that a sworn law enforcement SRO (preferably a trained SRO) will be on campus daily and provide continuous coverage during school hours as set forth herein. If the CITY is unable to fulfill these requirements, it will inform the School Safety & Security Director in a timely manner and the CITY shall adjust its compensation and payment reimbursement invoice to the SCHOOL BOARD to reflect the service deficiency. 17 b. Notwithstanding the requirements outlined herein, the requirements of paragraph 6(a) are not applicable during a critical event/incident where both parties agree upon the reallocation of mission -critical assets. c. The SRO shall record his/her service time on campus by logging onto MiCAD utilizing the 15SRO code and clear from the event upon the end of their shift. 6. The SRO shall perform such duties as directed by his/her CITY when school is not in regular session or not needed during the summer sessions as determined by the School Safety & Security Director. The Principal or his designee shall advise the SRO's supervisor of the school's calendar. 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 CITY's standard operating procedures. 8. All student record information will be maintained in accordance with the provisions of Florida Statutes. 9. 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 in attendance. The SRO will not be assigned to a permanent school -related duty post so as not to establish predictable patterns. The expectation is that the SRO will roam the school premises, check perimeters, and remain unpredictable. 10. The SRO will consult with the Principal and School Safety & Security Director regarding procedures for emergency drills and for actual emergencies, including but not limited to, fires, natural disasters, active assailant and hostage situations, and bomb threats. 11. The SRO will be given sufficient time at the beginning of the school year to conduct training for school administrators, faculty, staff, and students on School Crises and Emergency plans, bomb threat(s) procedures, active -assailant situations, hostage situations, workplace violence, bomb lockdown and barricade, school evacuation procedures and other school safety matters as determined by the Principal and / or the School Safety & Security Director. 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. 12. The SRO will train and assist the school administration with conducting and documenting lockdown and/or evacuation drills during the 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. 13. The SRO shall assist in the completion of the Florida Department of Education Florida Safe Schools Assessment Tools: School Security Risk Assessment. 18 14. As a member of the School Threat Management and Safety Team, the SRO shall participate in the threat management process and final decision making pursuant to section 1006.07(7) Florida Statutes. 15. The SRO will serve as a referral resource for students, faculty, and parents to community agencies. 16. The SRO will serve as a law enforcement resource person to the school administration, school security officers and the School Safety & Security Director. 17. The SRO will assist the school principal, school security officer and the School Safety & Security Director in developing plans and strategies for the prevention and control of dangerous situations at the school. 18. The SRO 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. 19. The SRO shall participate in classroom teaching activities as requested by the school principal. The SRO will be given appropriate classroom time for approved Juvenile Intervention and Crime Reduction programs. 20. At the Principal's request, the SRO shall attend meetings of the 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 mandated and scheduled by the School Safety & Security Director, provided reasonable notice of said training is provided to the SRO or the SRO's supervisor. Unattended mandated training may be substituted with compatible training as determined by the School Safety & Security Director upon his review of an executed attendance sheet and review of the lesson plan to decide whether or not it meets the desired training objectives. 21. The SRO shall be informed of any situation occurring on school grounds that the Principal or his/her designee believes to be a violation of the law or criminal in nature and all incidents required to be reported under the school environmental safety incident reporting pursuant to section 1006.07(9), Florida Statutes. The SRO shall in turn report these incidents to the School Safety & Security Director. 22. The SRO and Principal shall work together to keep each other informed during the course of all criminal investigations if not prohibited by law or CITY'S policy. 23. The SRO 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 comply with Florida State Statute. The final decision for arrest or not to arrest will be with the 19 attending SRO on scene at the incident and will be subject to "Kaia Rolle Act" set forth in section 985.031, Florida Statutes. 24. The SRO shall be thoroughly familiar with the SCHOOL BOARD Student Conduct and Disciplinary Code, and particularly the School Board designated "Zero Tolerance" incidents on school grounds, the list of all required reporting SESIR incidents which must be reported to law enforcement, the CITY'S active assailant response policy, and the BOARD'S Active Assailant Procedures as may be amended from time to time. 25. The SRO shall be thoroughly familiar with the school's criteria for recommending to law enforcement that a student who commits a criminal offense be allowed to participate in a civil citation or similar prearrest diversion program as an alternative to expulsion or arrest. The SRO will also be familiar with the school's criteria for assigning a student who commits a petty act of misconduct, as defined by the district school board pursuant to section 1006.13(2)(c) Florida Statutes, 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. 26. 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 SRO prior to the end of the day that the incident or event occurred. 27. SROs are 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 report them to the School Safety & Security Director if they cannot be resolved or corrected in a timely manner. 28. SROs will assist the school administration in assuring faculty and student readiness for all potential hazards and critical incidents. 29. 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. 30. Newly assigned SROs are required to complete all required training as set for in this Agreement or designated by the School Safety & Security Director by December 30, 2023 if not previously completed or unless the time period is extended by the Seminole County Public School Safety & Security Director. 31. If any CITY officer including the assigned SRO is sought in exceptional circumstances, outside the regular workday, or as otherwise described herein, such as sporting events or other special school events, this time shall be treated and handled as an off-duty detail consistent with the CITY'S procedures. 20 32. SRO'S will notify the School Safety & Security Director and Principal of the following which occur on school grounds, during school transportation, or during school -sponsored activities if he is made aware 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 involving a student or school personnel; ; any involuntary examination, as defined in Florida Statutes section 394.455 Florida Statutes, which are initiated at a school, on school transportation, or at a school - sponsored activity by the SRO where the SRO is involved or any event the SRO reasonably believes could cause public concern or attention. Additionally, the SRO will notify the School Safety & Security Director and the principal immediately upon learning that any school employee has been charged with a felony or misdemeanor involving the abuse of a minor child or the sale or possession of a controlled substance. 33. If an SRO evaluates a minor student as possibly meeting criteria for involuntary treatment pursuant to Section 394.451, Florida Statutes, seq. (Baker Act), the SRO should follow his/her CITY policy in deciding whether to proceed with initiating 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 believes the parents will not follow through with the mental health evaluation, or if SRO believes 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 principal or his or her designee so that the school official 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 authorized to receive notification of an involuntary examination. This does not negate the SRO's responsibility for parental notification requirements pursuant to CITY policy and Florida Law. 34. The SRO shall promote and utilize any approved school safety technology at the direction of the School Safety & Security Director. 35. If requested by the Principal and in accordance with the Principal's direction, the elementary school SRO will participate in the school's School Safety Patrol program. 36. The following additional duties and responsibilities shall apply if the assigned SRO or replacement SRO is required by the CITY to utilize a body -worn camera in the normal course of his/her business. 21 a. CITY shall have a clear body -worn camera policy which shall address its use in the school, a copy of which shall be provided to the SCHOOL BOARD and the principal of each applicable school. b. The use of the body -worn camera is for use solely when the SRO 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 SRO is performing a law enforcement function on campus. C. CITY must have clearly articulated standards for secure evidence storage and preservation, a copy of which shall be provided to the SCHOOL BOARD and the Principal of each applicable school. d. CITY is responsible for having each applicable SRO participate in ongoing CITY training pertaining to equipment use, and applicable laws concerning the use of the body - worn cameras. e. The SRO will document the use of the body -worn camera by use of CITY case reference or other method when the body -worn camera is used within the school and will provide the School Safety & Security Director such documentation upon request and as authorized by law. f. The SRO shall not release any body -worn camera recording, except as strictly authorized or required by law and CITY policy. 37. The SRO will not use mechanical devices to restrain students with disabilities except such devices may be used in grades 6 through 12 in accordance with F.S. 1003.573. Handcuffs are considered mechanical restraints. The SRO must be physically present and participate in all active assailant drills. 22 PROJECT YOUTH K-12 CURRICULUM SRO CITY DUTIES AND RESPONSIBILITIES In addition to the routine duties and responsibilities of an SRO assigned to a school enumerated in Exhibit "A," all SROs will have the following additional specific duties and responsibilities related to Project You(th), an 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 Principal or his / her designee, given the training program adopted and approved by the School Safety & Security Director. 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 Principal or his/her designee 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. Additional Project You(th) lessons that satisfy the State of Florida KSA requirements are available for high school students. These lessons may be taught by the SRO, at their discretion and availability due to other duties and responsibilities, as well as any teacher. 23 WS— RM X Item No. CITY COMMISSION MEMORANDUM 23-126.BB AUGUST 144, 2023 AGENDA To: Honorable Mayor and Members ofthe City Commission PREPARED BY: Captain Justin P. Pillen, professional Standards and Community Engagement, 11olice Department SUBMI "ED BY: Norton N. BonaM parte, Jr., lCMA-CM, City ajulge'r SUBJECT: Seminole COUnty School District-, Annual`5�hool Resoup. " 01 . ficer Agreement; $929,673.50 STRATEGIC PRIORITIES: F-1 Unify Downtown & the Waterfront F-1 promote the City's Distinct Culture [—] Update Regulatory Framework F-1 Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: Approval of the annual School Resource Officer (SRO) Agreement between the Seminole County School District (S(,,SD) and the City oil' Sanford is requested. FiSCAL/STAFFING STATEMENT: The S(.,SD shall pay the City ity the sum of $929,673.50, which is the total compensation for the 13 SROs provided to the SCSD by the City. This SUrn derives from the following calculation: (1). 50% of annual negotiated rate per SRO ($124,145.00 per SRO) for I I SROs (50% is $62,072.50 per SRO); plus (2). 100 % of annual negotiated rate per SRO ($124,145 per SRC)) for I SRO; plus (3). 100 0/0 of annual negotiated rate per SRO ($122,733 per SRC)) for I SRO; totals the amount of*- $929,673.50. In the wake of the tragic shooting at Marjory Stoneman Douglas I ligh School that took the lives of 17 Florida students and educators, the 2018 Florida Legislature enacted the Majoi y ,4Ionenlan Douglas lfigh ' chool Public Act. This legislation outlines significant reforms to make Florida schools safer, while keeping firearms out of the hands of' mentally ill and dangerous individuals. Provisions of the law include: (1). Creation of the Office of Safe, Schools within the Florida Department of' EdUcation and a description of the office's responsibilities. (2). Allowing sheriffs to establish a Coach Aaron Feis Guardian Program providing for school guardians. (3). The FortifyFL mobile suspicious activity reporting tool (4). Establishment of the Marjory Stoneman Douglas High School Public Safety Commission. (5). New requirements for mental health services and training. (6). Requirements for a safe -school officer at each public school. (7). School safety assessments for each public school. (8). Appropriations of funding to address identified school safety needs. In 2019, the Florida Legislature enacted legislation Implementation of Legislative Recommendations of the Marjory Stoneman Douglas High School Public Safety Commission. which law includes the following provisions: (1). Development of a standardized behavioral threat assessment instrument. (2). Additional duties for the Office of Safe Schools including compliance monitoring. (3). Changes to the Coach Aaron Feis Guardian Program. (4). Requirements for districts to promote the FortifyFL mobile suspicious activity reporting tool. (5). Requirement for the Commissioner of Education to oversee compliance with the Marjory Stoneman Douglas High School Public Safety Act. (6). A requirement that charter schools must comply with specific school safety statutes. (7). Expedited transfer of student records from school to school. (8). Clarification of school district responsibilities for school safety. Section 1006.12 Florida Statutes, requires at least one safe -school officer at each school facility within each school district to provide for the protection and safety of the school, school personnel, property, students and visitors. SROs fulfill the responsibilities of the statutorily defined school safety officer. The 13 SROs are deployed full time to their assigned schools during the school year, with their primary responsibility being to work at their school and related functions. SROs foster better relations between students, law enforcement and faculty. SROs also provide presentations to students, faculty and parents concerning various law enforcement related subjects. One of the most significant programs implemented by SROs is the Project You(th), an awareness and prevention curriculum. The SROs also facilitate the provision and payment of statutory required and non -statutory required specialized training as mandated by the School Safety and Security Director for SROs which may include training such as the following: Basic SRO Training, SRO wrap around training, Crisis Intervention Training, Instructor Techniques, Project You(th), Trauma -Informed Care, Cyber Safety -Social Media Dangers and Awareness, Autism Awareness, Bullying Prevention, Exceptional Student Education Awareness Training, Mental Health Crisis Intervention Training, Stop the Bleed Training, Student Threat Assessment, and training addressing active threats, hostage situations, bomb threats, de-escalation and incident command and anything determined to be a critical need by the School Safety and Security Director. During the off months, the officers assigned SRO duties may take leave, attend SRO related training or remain involved with youth from their respective schools. In the many years of the City's SRO program, officers have been successful in developing youth -related summertime projects. The Police Department is dedicated to a community policing philosophy. The SRO program has been integrated into this process, providing an additional tool for the overall mission of the Police Department and the SCSD. The annual SRO Agreement implements the goals of the Police Department and the SCSD as well as adhering to the requirements of controlling State law while establishing the annual cost calculation for the provision of SROs by the City as paid by the SCSD. LEGAL REVIEW: The City Attorney has reviewed the proposed agreement and has no legal objection. RECOMMENDATION: Staff recommends that the City Commission approve the SRO Agreement between the SCSD and the City in the amount, of $929,673.50 for the upcoming school year. SUGGESTED MOTION: "I move to approve the annual School Resource Officer Agreement." Attachment: School Resource Officer Agreement.