OCSB SRO Program FY 2020-21AGREEMENT 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.) 1006.12-1 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 1 of 7
B. Regular Duty Hours of SROs
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 Rehabilitation 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 2 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 unwanted 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 3 of 7
worn with the approval of the unit supervisor.
27.AII 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 III: 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 4 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 5 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 XI11: 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 6 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 disclosed 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:
ATT ST:
Lane amiotea, dMC, City Clerk
REVIEW OR LEGAL SUFFICIENCY:
John J. Fumero, City Attorney
AS TO THE LSCHOO, BOARD:
Ken Kenworthy, SuperinXndent
o ing R. Watford, `Ma r
Date: bicher L 9-(121 t,
Date:
Reviewed �y'_i ard.Attorney
Page 7 of 7
CITY OF OKEECHOBEE
55 SE THIRD AVENUE
OKEECHOBEE, FL 34974
Phone: (863)763-3372
www.cityofokeechobee.com
Office of the City Administrator
Direct Line: 873-763-9812
October 8, 2020
Ken Kenworthy
Okeechobee County School Board
700 SW 2"d Avenue
Okeechobee, FL 34974
Okeechobee City Council
Mayor Dowling R Watford, Jr.
Wes Abney
Monica Clark
Bob Jarriel
Bobby Keefe
RE: Addendum to City -Approved School Resource Officer Agreement
Dear Ken,
As advised by City Attorney John Fumero, please add the following statement as an addendum
to the School Resource Officer Agreement: The City shall comply with the pertinent
provisions regarding registration and use of the E-Verify system as required by section
448.095(2), Florida Statutes (2020).
As you know, the E-Verify provision was passed during the state 2020 legislative session. E-
Verify is now becoming mandatory for all government employers and certain private employers.
Beginning January 1, 2021, any public employer in the state of Florida shall be subject to this
state law. To suggest that a governmental partner, like the City, expressly subject itself to
penalty of perjury is neither appropriate or necessary. Therefore, the City can certainly agree to
register for, and utilize, the E-Verify system to verify the work authorization status of all newly
hired employees. The new law is clear. The City and School Board are both subject to this law.
Should you have questions, please contact me at the number above.
Si ere ,
arcos Monte De Oca, P.E.
City Administrator
Lane Gamiotea
From: Robin Brock
Sent: Thursday, October 8, 2020 4:29 PM
To: ELIZABETH LAWRENCE
Cc: City Attorney; Marcos Montes De Oca; Lane Gamiotea; Bobbie Jenkins
Subject: Addendum to SRO Agreement
Attachments: Addendum to SRO Agreement.pdf
Good afternoon, Chris,
Please see the attached addendum to the School Resource Officer Agreement. As the City Attorney explained,
he was not comfortable with the added language to the agreement provided prior to our council meeting,
subjecting the City to penalty of perjury, therefore he presented the agreement without the added language
for Council approval.
Hopefully, the addendum will suffice. Our apologies for any confusion this may have caused.
Should you have any questions, please do not hesitate to contact me.
Thank you. Have a great rest of your day.
Robin Brock
Executive Assistant
Oki chobee
55 SE V Avenue
Okeechobee, FL 34974
Phone: (863) 763-3372, ext. 9812
Direct: (863) 763-9812
Email: rbrockaa citvofokeechobee.com
Website: www.cityofokeechobee.com
NOTICE: Under Florida law, email addresses are public records. If you do not want your email address released in response to a public
records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing, Florida Statute 668.6076.
CITY OF OKEECHOBEE ELECTRONIC DEVICE DISCLAIMER: Florida has a very broad public records law. Most written
communications to or from local officials regarding city business are public records available to the public and media upon request.
Your correspondence via e-mail, text message, voice mail, etc., may therefore be subject to public disclosure.
Lane Gamiotea
From:
John Fumero <JFumero@nasonyeager.com>
Sent:
Thursday, October 8, 2020 1:26 PM _
To:
ELIZABETH LAWRENCE
Cc:
City Attorney; Robin Brock; Marcos Montes De Oca; Lane Gamiotea
Subject:
SRO with the City of Okeechobee
Hi Ms. Lawrence -
I am the City Attorney. The City can certainly send, on letterhead, to the School Board, as an
addendum to the SRO Agreement, a statement as follows: The City shall comply with the
pertinent provisions regarding registration and use of the E-Verify system as required by
section 448.095(2), Florida Statutes (2020).
As you know, the E-Verify provision that is referenced below was passed during the state 2020
legislative session. E-Verify is now becoming mandatory for all government employers and certain
private employers. Beginning January 1, 2021, any public employer in the state of Florida shall be
subject to this state law. To suggest that a governmental partner, like the City, expressly subject itself
to penalty of perjury is neither appropriate or necessary. Bottom line is that the City can certainly
agree to register for, and utilize, the E-Verify system to verify the work authorization status of all
newly hired employees. The new law is clear. The City and School Board are subject to this law.
I hope this helps. Thank you.
John J. Fumero
,pit l
n
Attorney at Law-
Iz
Board Certified State & Federal
Government & Administrative Practice Lawyer'i€`
Email: jfumero@nasonveaaer.com�
STATE &FEIEW
Tel: 561-314-3999 1 Fax:561-982-7116
GfYVERNNIEW &
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PRAGWE.
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From: Lane Gamiotea [mailto:lgamiotea@cityofokeechobee.com]
Sent: Thursday, October 8, 2020 9:23 AM
To: ELIZABETH LAWRENCE <lawrencec@okee.kl2.fl.us>
Cc: City Attorney<cityattorney@cityofokeechobee.com>; Robin Brock <rbrock@cityofokeechobee.com>; Marcos
Montes De Oca<mmontesdeoca@cityofokeechobee.com>
Subject: FW: SRO with the City of Okeechobee
Importance: High
Chris, I'm forwarding your email onto the City Attorney and City Administration to explain.
X-e Aye, Ew�res �a�,riotea, C/�%C
City Clerk/Personnel Administrator
City of Okeechobee
55 SE 3rd Avenue, Room 100, Okeechobee, FL 34974
Office: 863.763.3372 ext. 9814, Fax: 863.763.1686, Cell: 863.697-0345
Under Florida law, email addresses are public records. If you do not want your email address released in
response to a public records request, do not send electronic mail to this entity. Instead, contact this office by
phone or in writing, Florida Statute 668.6076.
CITY OF OKEECHOBEE ELECTRONIC DEVICE DISCLAIMER: Florida has a very broad public records law.
Most written communications to or from local officials regarding city business are public records available to
the public and media upon request. Your correspondence via e-mail, text message, voice mail, etc., may
to public disclosure.
From: ELIZABETH LAWRENCE <lawrencec@okee.kl2.fl.us>
Sent: Thursday, October 8, 2020 9:13 AM
To: Lane Gamiotea <lgamiotea@cityofol<eechobee.com>
Subject: SRO with the City of Okeechobee
Hey Lane, thanks for sending that signed agreement over, hand delivered, I appreciate it. I had sent a
little paragraph directly to Robin that we have to have added (required after I sent the original
agreement) to all our agreements/contracts now. Is there any way you could have this put on letter
head as an addendum or attachment and initial, even scanned back over to me, so I can attach it to
the signed agreement for the Board meeting Tuesday night? Sorry for the inconvenience ,,,,Chris
"Contractor affirmatively states, under penalty of perjury, that pursuant to F.S. 286.061 (6) it is registered with and uses
the E-Verify system, as defined in s. 448.095, to verify the work authorization status of all newly hired employees."
Elizabeth "Chris" Lawrence
Office of Administrative Services
Okeechobee County School Board
700 SW 2nd Avenue
Okeechobee, FL 34974
863-462-5000 #1061
863-462-5204 Fax
Iawrencec@okee.kl2.f I.us
Under Florida law, e-mail addresses, and all communications, including e-mail communications, made or received in
connection with the transaction of School Board business are public records, which must be retained as required by law
and must be disclosed upon receipt of a public records request, except as may be excluded by federal or state laws. If
you do not want your e-mail address released in response to a public records request, do not send electronic mail to this
entity. Instead, contact this office by phone or in writing.
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