2023-07-18 VII. A. 2023-2024 OCA SRO, Exhibit 6 • • Exhibit 5
07/18/2023
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 1st day of July, 2023, 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 3rd 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 the
SRO position at OCA and has entered into successive one-year agreements with
OCA to provide SRO services.
5. This Agreement continues that program as set forth more fully below.
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 two (2) year term commencing on July 1, 2023 through June 30,
2025, which may be extended or modified by mutual agreement of the parties.
Page 1 of 4
•
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
CITY, its officers agents and employees as additional insureds under the policy,
Page 2 of 4
• •
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 1st 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:
ATTEST: Dowling R. Watford, Jr., Mayor
Date:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John J. Fumero, Ci
ty o, C ty Attorney
AS TO THE OCA:
Name and Title
Date:
Page 4 of 4
• •
Okeechobee Christian Academy
Projected estimated cost for School Resource Officer
2023-2024 2024-2025
Salary* $ 47,959.00 $ 48,678.00
FICA&Medicare $ 3,668.86 $ 3,723.87
Work Comp $ 2,124.58 $ 2,156.44
Retirement-current year $ 1,486.73 $ 3,894.24
Health Ins* Annual Cost $ 14,981.00 $ 14,981.00
Life Ins-current year Annual Cost $ 477.00 $ 477.00
LTD Ins-current year Annual Cost $ 182.58 $ 185.32
Over-time 200 $ 6,587.77 $ 6,686.54
OT FICA $ 503.96 $ 511.52
OT Retirement $ 204.22 $ 534.92
Education $ 900.00 $ 900.00
Travel $ 600.00 $ 600.00
Uniforms $ 600.00 $ 600.00
Cell Phone $ 600.00 $ 600.00
Email/software $ 240.00 $ 240.00
Fuel $ 3,550.00 $ 3,550.00
Maintenance of Vehicle $ 400.00 $ 400.00
$ 85,065.72 $ 88,718.84
2 year Totals $ 173,784.56
2%discount for 2 year contract $ 3,475.69
$ 170,308.87
2 year contract based on 8 quarterly payments $ 21,288.61