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1338 SRO Agrmt w/Sem Co Schools1336 SEMINOLE COUNTY PUBLIC SCHOOLS SCHOOLS 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 § 1006.12, Fla. Stat., 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 at Bentley Elementary, Goldsboro Elementary, Hamilton Elementary, Pine Crest Elementary, Wicklow Elementary, Sanford Middle, Millenium Middle, Crooms Academy, and Seminole High School for service as School Resource Officer /D.A.R.E. Officer; and WHEREAS, the Agency has agreed to provide law enforcement personnel to perform the duties and responsibilities of a School Resource Officer and D.A.R.E. 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 a fiscal year commencing July 1, 2010, and continuing until June 30, 2011, 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: The Agency agrees to provide full time School Resource Officers and two (2) D.A.R.E. Officers who will perform such duties set forth in Exhibit "A ", Page 1 and 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 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 r t:i.. rt- rya Page 1 4. COMPENSATION: (a). The School Board will pay to the Agency the sum of Two Hundred Forty Two Thousand Five Hundred Thirty Three and 84/100 ($242,533.84) in 8 equal payments in the amount of ($30,316.73) in accordance with the following schedule of payments: Initial payment: Amount: $30,316.73 Date of Payment: Within five (5) days of execution of this agreement. (b). All subsequent payments shall be in equal amounts of $30,316.73 and shall be payable on or before the 5 th day of each month thereafter commencing November 5, 2010 through May 5, 2011. 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, Fla. Stat. 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 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. 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 an employee or agent 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 Page 2 pursuant to §768.28, Fla. Stat. 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 of the School Board shall be an employee of the Agency. 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: 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 by certified mail or hand delivered. (a). For the School Board: Dr. Bill Vogel, Superintendent Seminole County Public Schools 400 East Lake Mary Blvd. Sanford, Florida 32773 (b). For the Agency: Chief of Police Sanford Police Department 815 S. French Avenue 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 of a party shall be noticed in writing to the other party. 12. AGENCY RELATIONSHIP: (a). The parties recognize that the School Resource Officer /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 reasonable direction of the officer's agency's standard operating procedures and agency supervisor. In the event the Agency Page 3 �1 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 /D.A.R.E. Officer's supervisor for resolution. 13. TERMINATION: This Agreement may be terminated by any party at any time, upon not less than 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 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 shown: ATTEST: Panet Dougherty City Clerk Linda Ku Mayor /C mmissioner DATE: / - Xb Approved ,ps to form and legal ATTEST: BY: -� k Dr. Bill Vo el, Superinten ent DATE: I 1 c� 11''o DATE: 1 O I t —IQ / T DATE: Sandy Rob' son, Schoo oard Chairman DATE: 1 , 1 1�L 1 As authorized for execution by the School Board in its meeting of 0 ' 2010. Page 4