Okeechobee Christian Academy FY 2020-212020-2021 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 _Q/) ( day of JUNE 2020, 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, 55 SE 31d Avenue, Okeechobee, Florida,
(hereinafter referred to as the CITY);
WITNESSETH
A. The OCA, the CITY and the Police Chief desire to provide law
enforcement, and law-related educational service programs to OCA, as defined
in F.S. 1006.12. While it is recognized that OCA is a private Christian school and
not subject to the provisions of this statute and the SRO program, as hereafter
set forth, the parties have agreed to enter into this Agreement to provide SRO
services at OCA, by mirroring the existing SRO program, and the provisions of
F.S. 1006.12.
B. A SRO 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 OCA and the CITY recognize the potential outstanding benefits of the
SRO Program, and particularly to the students of OCA, in the same manner as
students attending public school.
NOW THEREFORE, in consideration of the mutual promises and covenants herein
contained, the OCA, the CITY and Police Chief do hereby agree as follows:
ARTICLE I: TERM
The City Council for the CITY, on June XX, 2020, approved the establishment of a SRO
position at OCA. This Agreement is for a one (1) year term commencing on July 1, 2020
to June 30, 2021, which may be extended or modified by mutual agreement of the
parties.
ARTICLE 11: RRESPONSIBILITIES OF THE POLICE CHIEF OR HIS DESIGNEE
Tlhe Police Chief or his designee shall prov de the School Resource Officer as follows.
The existing SRO Program in and 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. Through his Agreement, the CITY shall continue to
administer the SRO program in substantial conformance with the SRO program
established in public school system, appoint a certified law enforcement officer to so
act, and work with OCA in a substantially similar 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
corresponding by OCA. Failure of OCA to fully fund the SRO program shall
constitute 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 as set forth in the cost estimates
attached to this Agreement. Payment to the City shall be made on a
quarterly basis commencing on July 1,•292a-.)L')_L, �),V_
C. Should there exist a local or state mandated school closure, due to a
formally declared state or local emergency, which would cause 30 or more
consecutive days of school closure, the quarterly payment due to the CITY may
be proportionately reduced based on the number of days of school closure in any
given quarter. On an annual basis, the cumulative reductions may not exceed
the sum of $20,000.
ARTICLE IV: EMPLOYMENT STATUS OF SCHOOL RESOURCE OFFICER
School Resource Officers shall remain and be employees of the CITY POLICE
DEPARTMENT and shall not be employees of the OCA. OCA hereby
acknowledges that the SRO shall act and respond in strict accordance with the
chain of command of the CITY POLICE DEPARTMENT, subject however to any
written policies jointly reviewed and agreed upon by the OCA and Police Chief.
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 less 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, 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 of sovereign
immunity under 768.28, Florida Statutes, as may be amended from time to time.
ARTICLE VI: INDEMNITY
OCA shall defend, indemnify and hold harmless the CITY, and all CITY officers,
agents and employees from, and against, all claims, liability and expense, including but
not limited to 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 Agreement may be considered for renewal by the City Council, on an annual basis,
upon notice to the City by May 1 st of each year of OCA's intent to renew.
IN WITNESS WHEREOF, THE PARTIES HAVE CAUSED THIS Agreement to be
signed by their duly authorized office.
AS TO THYVTY• .",�,�-.'•*
ATTEST:
Lane-Gamiotea,./CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John J-'umero, City Attorney
AS TO THE
Nameland Title
Date: \ �` -?--((-Z Q� 2U
owling R. Watfor , r., Mayor
Date:
O0*eochoboo. Florida
Of fieQ of th¢ Citg GlQrk
June 3, 2020
Mr. Nick Reynolds
Okeechobee Christian Academy
701 South Parrott Avenue
Okeechobee, Florida 34974
RE: 2020-2021 School Resource Officer Aareement
Mr. Reynolds:
Enclosed for your records is a fully executed original School Resource Officer Agreement
for the 2020-2021 school year, approved by the City Council on June 2, 2020.
Should you require any additional information, please contact my office at
Igamiotea@cityofokeechobee.com or 863-763-3372 ext. 9814. With best regards, I am
Sincerely,
Lane Gamiotea, CMC
City Clerk
Enclosure
LG/bj
E -copy: City Administrator Montes De Oca
Gitg lull • 55 S.C. Third ftimug, Room 100 • Ok¢QehobQQ, Florida 344974-2903
• 863.763-3372 at. 9814 • Fax: 863.763.1686 • www.eitgofok¢Qehobiw.eom