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Okeechobee Christian Academy FY 2019-202019-2020 AGREEMENT BETWEEN THE OKEECHOBEE CHRISTIAN ACADEMY INC. OKEECHOBEE COUNTY, FLORIDA AND THE CITY OF OKEECHOBEE FLORIDA AND POLICE DEPARTMENT FOR THE SCHOOL RESOURCE OFFICER PROGRAM (SRO) THIS AGREEMENT, made and entered into this 1st day of July 2019, by and between THE OKEECHOBEE CHRISTIAN ACADEMY INC., 701 S. Parrott Avenue, OKEECHOBEE COUNTY, FLORIDA, (hereinafter referred to as the (OCA), and THE CITY OF OKEECHOBEE, FLORIDA, AND POLICE DEPARTMENT, 55 SE 3rd Avenue, Okeechobee, Florida, (hereinafter referred to as the CITY); WITNESSETH A. The OKEECHOBEE CHRISTIAN ACADEMY INC. and the Police Chief or his designee desire to provide law enforcement, and law-related educational service programs to OCA, Okeechobee County as defined in F.S. 1006.12. It is recognized that OCA is a private Christian school and not subject to the provisions of this statute and the SRO program; however, as hereafter set forth, the parties have agreed to enter into a contract to provide SRO services at OCA, by mirroring the existing SRO program, and the provisions of F.S. 1006.12. B. A School Resource Officer Program has been established for the school system of Okeechobee County, Florida by agreement between the School Board and local law enforcement agencies, as hereinafter described; and C. The OKEECHOBEE CHRISTIAN ACADEMY, INC. and the Police Chief or his designee recognize the potential outstanding benefits of the School Resource Officer Program to the citizens of Okeechobee County, Florida, and particularly to the students of OCA, in the same manner as children at public schools. NOW THEREFORE, in consideration of the mutual promises and covenants herein contained, the OKEECHOBEE CHRISTIAN ACADEMY, INC. and the City of Okeechobee, and Police Chief or his designee, do hereby agree as follows: ARTICLE I: TERM The City Council for the City of Okeechobee, on June 18, 2019, approved the provision of SRO at OCA. This contract is to be for a one (1) year term commencing on July 1, 2019 to June 30, 2020, which may be extended or modified by mutual agreement of the parties. ARTICLE II: RIGHTS AND DUTIES OF THE POLICE CHIEF OR HIS DESIGNEE The Police Chief or his designee shall provide the School Resource Officer as follows: The existing SRO program for public schools is being administered by the Okeechobee City Police Department and the Office of Sheriff, Okeechobee County, via a mutual aid agreement, which shares certain law enforcement duties and activities, as well as the SRO program. In this contract, the City will continue to administer the SRO program as the existing program, appoint a certified law enforcement officer to so act, and work with OCA in the same manner as the interactions of the SRO in the public school system. ARTICLE III: FINANCING OF THE SCHOOL RESOURCE OFFICER PROGRAM A. Pursuant to the agreement, the amount funded will be negotiated each year prior to July 1st. It is understood that this agreement is subject to funding by act of OCA and failure to fully fund the program for the SROs employed by the City shall form the basis for amendment or termination of this agreement. B. The SRO program at OCA will be fully funded by OCA, with the initial start-up and costs to be paid by OCA set forth in the cost estimates attached to this contract. The payment to the City of Okeechobee shall be made on a quarterly basis commencing on July 1, 2019. ARTICLE IV: EMPLOYMENT STATUS OF SCHOOL RESOURCE OFFICER School Resource Officers shall remain employees of the CITY OF OKEECHOBEE POLICE DEPARTMENT and shall not be employees of the OKEECHOBEE CHRISTIAN ACADEMY, INC. The OKEECHOBEE CHRISTIAN ACADEMY, INC. and the Police Chief, or his designee, acknowledge that the School Resource Officers shall remain responsive to the chain of command of the CITY OF OKEECHOBEE POLICE DEPARTMENT, subject however to policies as may be enacted by the OKEECHOBEE CHRISTIAN ACADEMY, INC. to which the OKEECHOBEE CHRISTIAN ACADEMY INC. and Police Chief jointly agree shall be imposed. ARTICLE V: INSURANCE OCA shall at its sole cost and expense, procure and maintain throughout the term of this agreement, comprehensive general liability insurance policy, excluding workman's compensation, in a minimum sum of not Tess than three million dollars combined single limits, or to the extent and in such amounts as required and authorized by Florida law, and will provide endorsed certificates of such insurance generated and executed by a licensed insurance agent or broker and, naming the City of Okeechobee, its officers agents and employees as additional insureds under the policy, as well as furnishing the City a certified copy of said insurance policies. Certificates of insurance and a certified copy of these insurance policies must accompany this signed contract. Required insurance provided by OCA shall be considered as primary insurance over and above any other insurance or self-insurance available to the City, and that any other insurance or self-insurance available to the City shall be considered secondary to, or in excess of, the insurance coverage provided by OCA as required herein. If the policy is cancelled or not renewed OCA shall provide the city thirty (30) days advance notice. Nothing herein shall be construed as a waiver by the city of Okeechobee of sovereign immunity protections under F.S. 768.28 as written or hereafter amended. ARTICLE VI: INDEMNITY OCA shall defend, indemnify and hold harmless the City of Okeechobee, Florida, and all city officers, agents and employees from and against all claims, liability and expense , including reasonable costs, collection expenses, attorney's fees, and court costs, which may arise because of negligence, whether active or passive, misconduct or other fault, in whole or in part, whether joint, concurrent or contributing of OCA, its officers, agents or employees in the performance or non-performance of its obligations under this agreement. OCA recognizes the broad nature of this indemnification and hold harmless clause, as well as the provision of a legal defense to the City when necessary, and voluntarily makes this consent and expressly acknowledges the receipt of such good and valuable consideration provided by the City in support of this indemnification, legal defense, and hold harmless contractual obligation in accordance with the laws of the State of Florida. This clause shall survive the termination of this agreement. Compliance with any insurance regulation required elsewhere in this agreement shall not relieve OCA of its obligation to defend, hold harmless, and indemnify the City as set forth in this article of the agreement. ARTICLE VII: TERMINATION OF AGREEMENT This contract may be renewed annually upon written notice to the City by May 1st of each year of intent to renew. The parties will negotiate the renewal terms at that time, including terms and costs, so that the contract can be completed by July 1st of that year. IN WITNESS WHEREOF, THE PARTIES HAVE CAUSED THIS Agreement to be signed by their duly authorized office. AS TO THE CITY: ATT ST: �z.e Lane Gamiotea, MC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney AS TO _ . OCA: Nick " eynolds, B Date: —1(41 d President owlina R. Watford, J .. � avor owling R. J ., ayor Date: J(,, get/ OKEECHOBEE CHRISTIAN ACADEMY SRO COSTS Annual Recurring Costs Salary Step 1 $39,683.00 FICA $3,035.75 Work Comp $1,757.96 Retirement $5,150.85 Health Ins $9,567.48 Life Ins $477.00 LTD Ins $174.60 Overtime $5,450.96 OT FICA $417.00 OT Retirement $707.53 Education $900.00 Travel Per Diem $600.00 Uniforms $600.00 CeII PX $600.00 Email/Software $45.00 Fuel $2,730.00 Vehicle Maintenance $250.00 $72,147.13 Start -Up Cost Firearm $550.00 New Hire $99.00 Uniforms $1,000.00 Vest $600.00 Education $1,200.00 $3,449.00 Total $75,596.13