Loading...
Okeechobee Christian Academy FY 2021-22�: 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 J day of ��- 2021, by and between THE OKEECHOBEE CHRISTIAN ACADEM INC., 701 S. Parrott Avenue, OKEECHOBEc COUf�TY, FLOFciDA, (hereinafter referred to as the (OCA), and THE CITY OF OKEECHOBEE, FLORIDA, 55 SE 3�d Avenue, Okeechobee, Florida, (hereinafter referred to as the CITY); BACKGROUND 1. 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. 2. 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 3. 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 4. In June 2020, the Okeechobee City Council approved the establishment of a S�tU position at OCA and entered into an agreement with OCA for a one year term to provide SRO services. 5. This Agreement continues that program for another year. 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 This Agreement is for a 1 year term commencing on July 1, 2021 through June 30, 2022, Page 1 of 4 which may be extended or modified by mutual agreement of the parties. ARTICLE II: RRESPONSIBILITIES 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 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 substantiai(y similar manner as ihe interactions of the SRO in the public school system. ARTICLE II1: PAYMENT TO THE CITY A. Each year prior to July 1 St, the City will notify OCA of the quarterly payments for the upcoming year. For the term of this Agreement OCA shall pay the City quarterly payments beginning on July 1 St as set forth in the attached Exhibit A. Failure of OCA to fully fund the SRO program shall constitute the basis for amendment or termination of this Agreement. B. 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 OC/�. OCA hereby acicnowiedges thai 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 A. OCA shall at its sofe 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 Page 2 of 4 L ,r , � 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. B. 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. C. 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 A. 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. B. This Article VI 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. Page 3 of 4 AS TO THE CITY: ATT ST: Lane Gamiotea, C C, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: �- A Joh . Fumero, City Attorney AS TO THE � ��� Dowling R. atford, .1�, M yor �. - �d'' � �l. 1 � R Name an� Title ���1� Z�,,,.�, �`�S �(�� �,� �,.,�� � Date: � l � � Zi Page4of4 � r l . Exhibit A Okeechobee Christian Academy Cost School Resource Officer Officer 2021-2022 Salary FICA & Medicare Work Comp Retirement-current year Health Ins* Life Ins-current year LTD Ins-current year Over-time OT FICA OT Retirement Education Travel Uniforms Cell Phone Email/software Fuel Maintenance of Veh Quarterly payment 7.65% 4.43% 6.40% Annual Cost Annual Cost Annual Cost 200 7.65% 6.40% $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ E 42,951.00 3,285.75 1,902.73 2,748.86 13,533.00 477.00 182.58 5,899.86 451.34 377.59 900.00 600.00 600.00 600.00 45.00 2,730.00 250.00 77,534.72 19,383.68