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2020-10-06 Ex 05 Page 1 of 7 AGREEMENT BETWEEN THE OKEECHOBEE COUNTY SCHOOL BOARD, OKEECHOBEE FLORIDA AND THE CITY OF OKEECHOBEE, FLORIDA FOR THE 2020-2021 SCHOOL RESOURCE OFFICER PROGRAM (SRO) THIS AGREEMENT, made and entered into this 1st day of October 2020, by and between THE OKEECHOBEE COUNTY SCHOOL BOARD, OKEECHOBEE, FLORIDA, (hereinafter referred to as the “SCHOOL BOARD”), and THE CITY OF OKEECHOBEE, FLORIDA, (hereinafter referred to as the “CITY”); WITNESSETH: WHEREAS, the SCHOOL BOARD and the CITY desire to provide Law enforcement, counseling, and law-related educational service programs to the schools of Okeechobee County as defined in Florida Statutes (F.S.) 1006.12; and WHEREAS, an SRO Program has been proposed for the school system of Okeechobee, Florida as hereinafter described; and WHEREAS, the SCHOOL BOARD and the CITY recognize the potential outstanding benefits of the SRO Program to the citizens of Okeechobee County, Florida, and particularly to the students of the school system of Okeechobee County, Florida; and WHEREAS, it is in the best interest of the SCHOOL BOARD, the CITY, and the citizens of Okeechobee County to establish this program. NOW THEREFORE, in consideration of the mutual promises and covenants herein contained, the SCHOOL BOARD and the CITY hereby agree as follows: ARTICLE I: SCOPE OF SERVICES An SRO Program is hereby established in the school system of Okeechobee County, Florida for ten (10) months as follows: A. Elementary School Staffing - One Officer per school (1) B. Freshman Campus- One Officer (1) ARTICLE II: RIGHTS AND DUTIES OF THE CITY The CITY shall provide SROs as follows: A. Number of SROs: 1. The CITY shall assign two (2) regularly employed SROs to the SCHOOL BOARD of Okeechobee County, Florida, to work designated schools as agreed upon between both parties. Page 2 of 7 B. Regular Duty Hours of SROs 1. Each SRO shall be assigned to a school on a full-time basis of eight (8) hours on those days that the school is in session. The work hours shall be determined by the school principal and CITY's Office supervisor. The SRO may be temporarily reassigned by the CITY or his/her designee during school holidays, vacations or during a period of any police emergency. C. Duties of School Resource Officers as defined in F.S. 1006.12: 1. SRO shall abide by SCHOOL BOARD policies and school rules and shall consult with and coordinate activities through the school principal. The SRO shall be responsible to the Law enforcement agency in all matters relating to employment. Activities conducted by the School Resource Officer, which are part of the regular instructional program of the school, shall be under the direction of the principal. This relationship will not be delegated. 2. The SRO will comply with all applicable Federal and State Civil Rights, Anti-Discrimination and Anti-Bullying laws and regulations including but not limited to Title VI and VII, Civil Rights Act of 1964, Section 504 of the Rehab ilitation Act of 1973 as amended (Non-Discrimination against the Handicapped), and Americans with Disabilities Act. In addition, the SRO will comply with the requirements of Florida Statute 1012.465 (the Jessica Lunsford Act). It is expressly understood that upon receipt of competent and persuasive evidence of such discrimination/bullying, the SCHOOL BOARD shall have the right to terminate this Agreement for breach. (Board Policies 3.33, 5.321, and 6.43) 3. Perform law enforcement functions within the school setting. 4. Identify and prevent, through counseling and referral, delinquent behavior, including substance abuse. 5. Foster a better understanding of the law enforcement function. 6. Develop positive concepts of law enforcement. 7. Develop a better appreciation of citizen rights, obligations, and responsibilities. 8. Provide information about crime prevention. 9. Provide assistance and support for crime victims identified within the school setting, including abused children. 10. Promote positive relations between students and law enforcement officers. 11. Enhance knowledge of the fundamental concepts and structure of law. 12. The SRO shall make himself/herself available for conferences with students, parents, and faculty members in order to assist them with problems. When in a counseling capacity, the SRO will be subject to all confidentiality issues pursuant to Chapter 39, F.S. and confidentiality rules and ethics as accepted and defined in state laws and professional Page 3 of 7 standards. The duty must be approved by the unit supervisor. 13. The SRO shall become familiar with all community agencies which offer assistance to youths and their families, such as, mental health clinics, drug treatment centers, etc. The SRO shall make referrals to such agencies, when necessary, thereby acting as a resource person to the students, faculty, and staff of the school. 14. The SRO shall develop expertise in presenting various subjects to the students. 15. The SRO shall assist the principal in developing plans and strategies to prevent and/or minimize dangerous situations which may result from student unrest and emergency situations. 16. Should it become necessary to conduct formal police interviews with the students, the SRO shall adhere to rules and guidelines set forth in the Florida State Statutes. 17. The SRO shall take law enforcement action as required. As soon as practicable, the SRO shall make the principal of the school aware of such action. At the principal's request, the SRO shall take appropriate law enforcement action against intruders and unw anted guests or individuals who have committed a crime or delinquent act that poses a threat to school safety who may appear at the school or related school functions. 18. The primary function of the SRO is a campus Law Enforcement Officer and includes enforcement of items listed in this document pursuant to F.S. 1006.12. The SRO shall give assistance to other police and deputies in matters regarding his/her school assignment, whenever necessary. The SRO will also act, when necessary, as a liaison between his/her school and other government agencies (i.e., law enforcement, DCF, State Attorney, etc.). 19. The SRO will submit reports and statistical data, as necessary. 20. The SRO shall not act as a school disciplinarian, as disciplining students is a school responsibility. SRO are not to be used for regularly assigned lunchroom duties, security posts, hall monitors, truancy, or other monitoring duties. If there is a problem area, the SRO may assist the school until the problem is solved. 21. When an SRO is required to perform duties outside the school, (i.e., court, training, depositions, vacation. Etc.), coverage will be provided. 22. The SRO, or other assigned law enforcement personnel, may provide security at SCHOOL BOARD meetings and campus functions beyond the school day when students, parents and the public are present. 23. The SRO will participate in Active Assailant/Emergency Drills. 24. The SRO will, along with a SCHOOL BOARD employee, participate in the Crime Watch Programs. 25. The SRO will participate in school-based threat assessment teams. 26. The SRO will perform his/her duties in CITY’s Office duty uniform. Civilian clothes may be Page 4 of 7 worn with the approval of the unit supervisor. 27. All violations of the law will be reported to the school's resource officer by all school personnel. 28. All SROs and the Law Enforcement Supervisor will meet with their assigned principal and together they will develop an operational plan to work in harmony with guidelines set forth within this document which will determine the focus of the SRO Program at their respective school. ARTICLE Ill: RIGHTS AND DUTIES OF THE SCHOOL BOARD The SCHOOL BOARD shall provide to the full-time SRO the following materials and facilities which are deemed necessary for the performance of their duties. A. A secure and private office located as close to the principal's office as possible. The SRO will be the only one assigned to the office due to the sensitive and confidential information maintained within. The office will be voice secure for purposes of interviews and counseling. The office will contain the following materials and equipment. 1. Desk and chair 2. 4-drawer legal locking file cabinet 3. 2 visitor chairs for counseling and interviews 4. Office supplies as requested 5. A computer, Internet access, email, and secretarial assistance 6. A safe 7. It is imperative that SRO's be able to communicate with school personnel on their radio frequencies. If the SRO's primary school is utilizing a frequency band not compatible with the SRO's issued radio, the school will provide the SRO with a radio. B. All school personnel shall report to the SRO any acts that pose a threat to school safety, whether committed by a student or adult. The disposition of each reported incident shall be properly documented. ARTICLE IV: FINANCING OF THE SCHOOL RESOURCE OFFICER PROGRAM A. The SCHOOL BOARD and the CITY agree to share in the overall costs associated with the School Resource Officer Program. Exceptions involve grant provisions for the next three years. It is agreed that the Okeechobee County SCHOOL BOARD will pay the CITY $95,110 for the budget year 2020-2021. Payment shall be made in quarterly installments pursuant to billing submitted to the SCHOOL BOARD by the CITY. The amount funded will be negotiated each year prior to July 1st. This payment will cover the two (2) SROs provided by the CITY. B. Any vehicle or equipment purchased, leased, rented, or donated to the CITY for use in the SRO Program shall become an asset of the CITY and; therefore, will be subject to CITY’s regulations, and policy governing use. C. Once the vehicle or equipment has been designated for use by the SRO, it will be used expressly by the designated SRO or the SRO unit. Page 5 of 7 ARTICLE V: EMPLOYMENT STATUS OF SCHOOL RESOURCE OFFICER SRO shall remain employees of the CITY and shall not be employees of the SCHOOL BOARD. The SCHOOL BOARD and the CITY acknowledge that the SRO shall remain responsive to the chain of command of the CITY OF OKEECHOBEE FLORIDA. ARTICLE VI: APPOINTMENT AND TRAINING OF SRO A. Appointment of SRO will be made solely by the CITY in accordance with CITY’s Office policy with input from the school principal. B. All SROs will receive a minimum of 40 hours of training as determined by the SRO supervisor and school personnel. C. The SCHOOL BOARD of Okeechobee recognizes that within the total payment amount, a sum of $600 per SRO is earmarked for annual School Resource Officer training. ARTICLE VII: DISMISSAL OF SCHOOL RESOURCE OFFICER: REPLACEMENT A. In the event the principal of the school to which the SRO is assigned feels that the particular SRO is not effectively performing his/her duties and responsibilities, as outlined in F.S. 1006.12, the principal shall recommend to the CITY, or designee, that the SRO be removed and shall state the reasons in writing. 1. If the CITY so desires, the principal shall meet with the SRO and his/her immediate supervisors to mediate or resolve any problems which may exist. At such meeting, specified members of the staff of the school, to which SRO is assigned, may be required to be present. The CITY or supervisor may call for mediation to resolve any disputes. 2. If, within a reasonable amount of time after commencement of such mediation, the problem cannot be resolved or mediated, then the SRO may be removed from the program at the school and replaced with another qualified SRO in accordance with Article VI. B. The CITY may dismiss or reassign an SRO based upon agency rules and regulations. C. In the event of the resignation, dismissal, or reassignment of an SRO, or in the case of long - term absences by an SRO, the CITY will provide a temporary or permanent relief, as soon as possible. ARTICLE VIII: SRO SCHEDULE A. An SRO will be assigned to each school designated in Article I from the beginning of the school year to the end of the school year. B. An SRO may be assigned to the summer school session from the beginning to the end of the session. C. The SRO will perform his/her duties at his/her assigned campus under normal conditions. The SRO may flex his/her time to compensate for hours worked, if approved by the unit supervisor. Page 6 of 7 ARTICLE IX: HOLD HARMLESS AGREEMENT The CITY agrees to defend, indemnify, and hold the SCHOOL BOARD, its employees, and agents harmless from any claim, demand, suit, loss, cost, expense, or damage which may be asserted, claimed, or recovered against or from the SCHOOL BOARD, its agents or employees by reason of any damage to property or personal injury including death sustained by any persons whomsoever, and which damage, injury, or death arises out of, or is incident to, or in any way connected with, the performance of this agreement and the performance by SRO's in their law enforcement duties. ARTICLE X: TERMINATION OF AGREEMENT This Agreement may be terminated by either party upon a sixty (60) day written notice that any other party has failed to substantially perform in accordance with the terms and conditions of this Agreement. This Agreement may be terminated without cause by either party upon a ninety (90) day written notice. Termination of the Agreement may only be accomplished as provided herein. In the event this Agreement is terminated, compensation will be made to the CITY for all services performed to the date of termination. The SCHOOL BOARD shall be entitled to prorated refund for that period of time when SRO services are not provided because of termination of this Agreement. ARTICLE XI: GOOD FAITH The SCHOOL BOARD, the CITY, their agents, and their employees agree to cooperate in good faith in fulfilling the terms of this Agreement. Unforeseen difficulties or questions will be resolved by negotiation between the Superintendent's Office and the CITY. ARTICLE XII: MODIFICATION This document constitutes the full understanding of the parties and no terms, conditions, understandings or agreements purporting to modify or vary the terms of this document shall be binding unless hereafter made in writing and signed by the party to be charged. ARTICLE XIII: NON ASSIGNMENT This Agreement, and each and every covenant herein, shall not be capable of assignment unless the express written consent of the SCHOOL BOARD and the CITY is obtained. ARTICLE XIV: MERGER This Agreement constitutes a final written expression of all the terms of this Agreement and is a complete and exclusive statement of those terms. CONTRACTOR'S DUTIES REGARDING PUBLIC RECORDS (A) Compliance with Florida Laws Contractor must provide public access to all records concerning this Contract according to applicable Florida laws including Chapter 119, F.S. If Contractor asserts any exemptions to Florida's public records laws, Contractor has the burden of establishing and defending the exemption. Page 7 of 7 (B) Recordkeeping and Public Access Under F.S. 119.0701(3)(a), a request to inspect or copy public records relating to a School District contract for services must be made directly to the School District. In addition, Contractor must: (1) keep and maintain public records required by the School District in order to perform the service; (2) upon request from the School District's custodian of public records, provide the School District with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by law; (3) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclo sed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the School District; and (4) transfer, at no cost, to the School District, all public records in possession of the Contractor or keep and maintain public records required by the School district to perform the service. If the Contractor transfers all public records to the School District upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements of retaining the public records. All records stored electronically must be provided to the School District upon request from the School District's custodian of public records, in a format that is compatible with the information technology systems of the School District. At the conclusion of the Contract' with the School District, Contractor shall provide to the School District all electronic records associated with this Contract on electronic media (CD-ROM or USB flash drive). (C) IF THE CITY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT TELEPHONE NUMBER 863-462-5000x1026, EMAIL ADDRESS kenworthyk@okee.k12.fl.us AND MAILING ADDRESS: 700 S.W. Second Avenue, Okeechobee, Florida 34974. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized officers. AS TO THE CITY: ATTEST: Dowling R. Watford, Jr., Mayor Date: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John J. Fumero, City Attorney AS TO THE SCHOOL BOARD: Ken Kenworthy, Superintendent Date: