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Okeechobee Christian Academy SY 2022-23�"r 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 l�%l� day of �� u. �,� 2022, by and between THE OKEECHOBEE CHRISTIAN ACADEMY INC., 701 S. Pari`ott Avenue, OKEECHOBEE COUNTY, FLORIDA, (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 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 SRO 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, 2022 through June 30, 2023, Page 1 of 4 which may be extended or modified by mutual agreement of the parties. ARTICLE II: RESPONSIBILITIES 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 substantially similar manner as the interactions of the SRO in the public school system. ARTICLE III: PAYMENT TO THE CITY A. Each year prior to July 1St, 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 1St 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 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 A. 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 Page 2 of 4 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-: 1 ��' � Cd � Lane amiofea, C C, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: ., John . umero, City Attorney AS TO THE OCA: c>, �- :��'� Name nd Title Date: ��z � (z Z Page 4 of 4 ��. Dowling R. Watford, Jr.y r Date: -� � �e�a'� � � � r Exhibit A Okeechobee Christian Academy Projected estimated cost for School Resource Officer 2022-2023 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 7.65% 4.43% 3.10% Annual Cost Annual Cost Annual Cost 200 7.65% 3.10% $ $ $ $ $ $ $ $ $ $ 47,250.00 3,614.63 2,093.18 1,464.75 13,497.00 477.00 182.58 6,490.3 8 496.51 201.20 Total Estimated quarterly payment $ $ $ $ $ $ $ $ $ 900.00 600.00 600.00 600.00 45.00 4,550.00 400.00 83,462.23 20,865.56 S:\INDIA\Projects\SRO Program\2023\OCA 2022-2023 247 IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED B. Continued: Election day voting will be from 7:00 AM to 7:00 PM; at the County Polling or Voting Precinct(s), which have been established by the County Supervisor of Elections and Board of County Commissioners; or during the Early Voting period as provided by State Law, to be held from October 29, through November 5, 2022, from 8:30 AM to 7 PM, at the Supervisor of Elections Office; or Vote - By -Mail as provided by State Law. Said Referendum wording shall appear on the General Election Ballot, as adopted on June 7, 2022, and set out in the Section 5.B of City Ordinance No. 1253: Revision of the City Charter for the City of Okeechobee, Florida. Shall the Charter for the City of Okeechobee be updated and revised to (i) incorporate a Citizens' Bill of Rights; (ii) update and modernize the City Charter; (iii) codify a number of charter -type provisions in the City Code of Ordinance, but not in the City Charter; (iv) eliminate provisions that are obsolete or inconsistent with, state law and municipal governance; and (v) render the City Clerk office from an elective position to an appointive position. Yes No " V. CONSENT AGENDA Motion by Council Members Jarriel and Keefe to: A. [Dispense with the reading and] approve the meeting Minutes for June 7, 2022, June 21, 2022, and July 5, 2022 [as presented in Exhibit 31; and B. Approve the June 2022 Warrant Register [in the amounts: General Fund, $919,737.14; Public Facilities Improvement Fund, $24,995.23; and Capital Improvement Projects Fund, $9,614.63, as presented in Exhibit 4]. Motion Carried Unanimously. VI. NEW BUSINESS A. Motion and second by Council Members Jarriel and Clark to read by title only, proposed Ordinance No. 1256 for Rezoning Petition No. 22-004-R, submitted by Anita Nunez/Anita's Rental Properties to rezone 2.41+/- vacant unplatted acres [as presented in Exhibit 5]. Motion Carried Unanimously. City Attorney John Fumero read proposed Ordinance No. 1256 by title only, as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) TO HEAVY COMMERCIAL (CHV), PETITION NO. 22-004-R; AMENDING THE ZONING MAP; ACCORDINGLY, PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." Motion and second by Council Members Chandler and Jarriel to approve the first reading of proposed Ordinance No. 1256 and set August 16, 2022, as the final hearing date [per Planner Ben Smith, contingent upon the associated Comprehensive Plan Future Land Use Map Amendment Application No. 22-004-SSA being adopted on August 2, 20221. Motion Carried Unanimously. B. Motion and second by Council Members Keefe and Clark to approve an Application submitted by Okeechobee Main Street (OKMS), to temporarily close a portion of Southwest 6th Avenue between North and South Park Streets, from 5:00 P.M. on August 5, 2022, to 2:00 P.M. August 6, 2022, for the dedication and unveiling of the Cattle Drive Sculpture and Cattlemen's Square Park [in FLAGLER PARK BLOCK L/Park No. 5, as presented in Exhibit 6]. Motion Carried Unanimously. C. Motion and second by Council Members Chandler and Keefe to approve the 2022-23 School Resource Officer Agreement for Okeechobee Christian Academy [as presented in revised Exhibit 7, distributed during the Meeting]. Motion Carried Unanimously. D. Motion and second by Council Members Jarriel and Clark to approve the renewal of a Memorandum of Understanding with Okeechobee County for the administration of Traffic Control Preemption [as presented in Exhibit 8]. Motion Carried Unanimously. E. Administrator Ritter distributed a four -page spreadsheet prioritizing the Projects as presented in during the July 5, 2022, Workshop. The first three pages listed possible projects, without the potential of grant funding, and their ranking. The fourth page prioritized the projects with potential grant funding. Staff will utilize the spreadsheet to assist with preparing the proposed budget. Following various questions, Mayor Watford suggested the Council discuss any specific projects with Administrator Ritter prior to the Budget Workshops. No official action was requested or required for this item. JULY 19, 2022, CITY COUNCIL REGULAR MEETING, PAGE 2 OF 3