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HomeMy WebLinkAboutItem 12 Approval to Renew the School Resource Officer Agreement with Orange County Public Schools (OCPS) t` 'J ocoep I'*r'do AGENDA ITEM COVER SHEET Meeting Date: August 6, 2019 Item # /a, 1)14Reviewed By: Contact Name: Deputy Chief S. McCosker / Department Director: Chien h, rl :rown Contact Number: (407) 554-7192 City Manager: Rob Fran Subject: Renewal of School Resource Officer Agreement with Orange County Public Schools Background Summary: The Ocoee Police Department will provide a total of nine (9) officer and one (1) supervisor: five (5) School Resource Officers to five (5) elementary school, two (2) School Resource Officers to one (1) middle school, and two (2) School Resource Officers to one (1) high school, all of which are located within the City of Ocoee. An agreement between the City and the School Board of Orange County is required in order for the Police Department to delineated officers' responsibilities and for the City to be reimbursed by the School Board of Orange County for a portion of the officers' and a supervisor's salaries. This agreement is effective from July 1, 2019,to June 30, 2021. A similar agreement was previously reviewed by the City Attorney and approved by the City Commission for 2018-2019 however, that agreement was for a one-year period. In addition, this contract will provide for School Board of Orange County to pay for reimbursement of $49,000 for one (1) supervisor and $49,000 per officer each of the 2019/2020 school year and $50,000 for one (1) supervisor and $50,000 per officer each for the 2020/2021 school year. Issue: Should the Honorable Mayor and Board of City Commissioners approve the renewal of the agreement with the School Board of Orange County, which reimburses the City for providing School Resource Officers to the public schools in the City of Ocoee? Recommendations: It is recommended that the Honorable Mayor and Board of City Commissioners approve the renewal of the agreement with the School Board of Orange County that reimburses the City for providing School Resource and School Safety officers and one supervisor for the public schools in Ocoee. Attachments: School Resource Officer Agreement 2019-2021 with Exhibits A and B for the 2019/2020 and the 2020/2019 school year. Financial Impact: The agreement reimburses the City a total of$490,000 a school year for the 2019-2020 school year and$500,000 school year for providing nine (9) officers and one (1) supervisor for the schools located within the City of Ocoee. Type of Item: (please mark with an"x") Public Hearing For Clerk's Dept Use: Ordinance First Reading y,' Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda x Commission Approval Discussion&Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney Dana Crosby-Collier N/A Reviewed by Finance Dept. Rebeca Roberts N/A Reviewed by 0 N/A AGREEMENT between The School Board of Orange County, Florida and City of Ocoee Police Department for The School Resource Officer Program This agreement is entered into this day of ,2019 between the School Board of Orange County, Florida, a public body corporate organized and existing under the Constitution and laws of the State of Florida, hereinafter referred to as "SBOC" and the City of Ocoee, hereinafter referred to as the "Law Enforcement Agency"or"the Agency." WHEREAS,the Florida Legislature has amended Section 1006.12, Florida Statutes, entitled"Safe-School officers at each public school",requiring each District School Board and School District Superintendent to partner with law enforcement agencies to establish or assign one or more safe-school officers at each school facility within the district by implementing a security option which best meets the needs of the school district. WHEREAS, SBOC has elected to comply with Section 1006.12, Florida Statutes, with a School Resource Officer program as defined in Section 1006.12(1), Florida Statutes. WHEREAS, SBOC has identified those schools within each agency's jurisdiction that requires the assignment of an SRO in order to comply with Section 1006.12, Florida Statutes. WITNESSETH NOW, THEREFORE, in mutual consideration of the covenants herein, the Law Enforcement Agency and SBOC agree as follows: DEFINITIONS A. School Resource Officers (SROs) — Sworn Law enforcement officers, employed by a law enforcement agency, who have completed the SRO Basic Certification course, and who have successfully completed training in accordance with Section 1006.12 (1), Florida Statutes. B. TDY Officers (non-SROs) - Sworn Law enforcement officers, employed by a law enforcement agency or working in an off-duty capacity, who may not have completed the SRO Basic Certification course or all training required in accordance with Section 1006.12(1),Florida Statutes. C. School Safety Officers—Sworn Law Enforcement Officers employed by SBOC. D. School Year—the ten(10)month, regular school year,consisting of 1441 hours worked. E. Summer School—the period of time at the end of the regular school where certain identified schools are open for students to receive additional instruction. SCOPE OF SERVICES The Law Enforcement Agency shall make all reasonable efforts to assign one or more SRO or non-SRO at each school within its jurisdiction as identified in "Exhibit A." A. Any requests for additional SRO services during the term of this Agreement and during regular school hours by any SBOC school shall be further negotiated through SBOC's District Police and the Law Enforcement Agency. Any changes to the staffing levels contained in this agreement shall be in writing and signed by both parties. B. SBOC shall provide notice to the Law Enforcement Agency for the jurisdiction where the school is located, at least two (2)years prior to the commencement of any new school construction or conversion or the elimination of any school within the agency's jurisdiction, to discuss and negotiate the need for changes to the law enforcement agency's staffing levels at the subject school. Both parties acknowledge that the budgetary cycle for the Law Enforcement Agency requires sufficient lead time to properly budget for, select, train and equip law enforcement officers. Notwithstanding the foregoing, SBOC shall provide the Law Enforcement Agency with SBOC's adopted five(5)year Capital Improvement Plan("5 Year CIP")on a yearly basis, no later than October 1 of each year. SBOC shall also promptly provide the Law Enforcement Agency any amendments to the 5 Year CIP adopted by SBOC. C. Each SRO and non-SRO work year will follow the schedule established by SBOC for 10-month teachers. D. If SBOC schedules summer school in 2020 or 2021,the Law Enforcement Agency shall make all reasonable efforts to assign one or more SROs or non-SROs at each school located within its jurisdiction. SBOC shall provide the Law Enforcement Agency a list of schools scheduled to host summer school as soon as reasonably practicable but no later than 45 days prior to the end of the regular school year. The list will include the school's address,the number of SROs requested for each location, the specific dates and times that the services are needed and the number of students expected to attend at each location. E. The agency will provide SBOC an invoice at the end of Summer School providing the same level of detail as those invoices provided during the regular school year. OCPS shall remit payment to the agency within forty-five(45) days from receipt. F. The SROs or non-SROs, shall make reasonable efforts to arrive at their assigned campus one half('/2)hour before the school day begins and shall remain on campus one half('/2)hour after the school day ends. This schedule may be altered if the SRO or non-SRO determines there is a need to address an issue involving students in areas adjacent to the school. The SRO or non- SRO will make reasonable efforts to notify the school of the change. The SROs and non-SROs shall notify the principal or designee of their presence on the campus as soon as practical. G. The Law Enforcement Agency will make reasonable efforts to provide additional SRO or non- SRO services at the request of the SBOC District Police. All such requests will be reviewed and approved by the Law Enforcement Agency based upon staffing availability and internal agency policy. H. SROs and non-SROs are required to be absent from campus from time to time to attend training, because of illness,military obligations,to appear in court and to perform certain administrative functions required by their position with the Law Enforcement Agency. The SRO supervisor will approve all SRO and non-SRO absences from campus and notify the school administration and OCPS District Police in advance,when possible. The Law Enforcement Agency shall make reasonable efforts to replace SROs or Non-SROs who are absent from campus in a timely manner, but in no event more than two (2) hours after the SRO has to leave campus . If the agency staffs two SROs at a particular school, but one is temporarily absent, a relief SRO may or may not be provided depending on the staffing needs of the Law Enforcement Agency. Notwithstanding the foregoing,the agency shall have at least one SRO on campus at all times. I. SBOC and the Law Enforcement Agency will coordinate all safety protocols required by statute in a mutually agreeable manner. J. SROs and non-SROs should wear their department issued uniforms while working on campus and at school events,unless exempted by their immediate supervisor. K. The parties agree that representatives of the SBOC District Police and Agency management will hold a pre-school year planning meeting and a post school year debriefing meeting to address operational issues and concerns. RATE The rates described below apply to the school year beginning July 1, 2019 through June 30,2021: A. SBOC agrees to reimburse the Law Enforcement Agency at a rate of$49,000.00 per full-time SRO for the 10-month school year at schools identified in"Exhibit A"for the 2019-2020 school year. SBOC agrees to reimburse the Law Enforcement Agency at a rate of pay of$50,000.00 per full-time SRO for the 10-month school year at the schools identified in"Exhibit A"for the 2020-2021 school year. B. SBOC agrees to reimburse the Law Enforcement Agency at a rate of$50.00 an hour($72,050.00 per regular school year for 1441 hours) for each non-SRO officer or off-duty officer assigned to SRO duties or covering SRO duties temporarily, for the 10-month school year at schools identified in"Exhibit A". C. In the event the Law Enforcement Agency assigns a full time SRO to a school previously serviced by a non-SRO officer, the Law Enforcement Agency shall immediately notify SBOC and the following change will be made: 1. SBOC will reimburse the Agency for the new SRO at the rate of$49,000.00 for the 2019-2020 school year and $50,000.00 for the 2020-2021, prorated based upon the SRO's start date at the school. D. Rates for Summer School will be on a pro rata basis of the 10 month rate for SROs. Should the Agency have to utilize non-SROs to provide adequate coverage, SBOC will reimburse the Agency at a rate of$50.00 per hour for non-SROs providing services. E. SBOC will reimburse the Law Enforcement Agency at a rate of$49,000.00 for supervisors in the 2019-2020 school year and$50,000.00 for the 2020-2021 school year. Supervisors include, but are not limited to, sergeants and corporals, or others in similar positions assigned whose primary responsibility is to provide direct supervision of the sworn law enforcement officers or SROs providing services hereunder. If the Law Enforcement Agency has a designated supervisor for School Resource Officers who have additional duties,the supervisor will be paid on the following pro rata rate: 1. If the SRO Sergeant or SRO Corporal or other in similar position supervises 1 to 2 SROs or non-SROs assigned SRO duties, SBOC will pay the agency $12,250.00 for supervision costs in the 2019-2020 school year,and$12,500.00 in the 2020-2021 school year. 2. If the SRO Sergeant or SRO Corporal or other in similar position supervises 3 to 4 SROs or non-SROs assigned SRO duties, SBOC will pay the agency $24,500.00 for supervision costs in the 2019-2020 school year,and$25,000.00 in the 2020-2021 school year. 3. If the SRO sergeant or SRO Corporal or other in similar position supervises 5 to 7 SROs or non-SROs assigned SRO duties, SBOC will pay the agency $36,750.00 for supervision costs in the 2019-2020 school year,and$37,500.00 in the 2020-2021 school year. 4. If the SRO sergeant or SRO Corporal or other in similar position supervises 8 or more SROs or non-SROs assigned SRO duties, SBOC will pay the agency $, 49,000.00 for supervision costs in the 2019-2020 school year, and $50,000,.00 in the 2020-2021 school year. A list of said positions shall be attached hereto as "Exhibit B." F. The compensation provided for herein shall only be for those hours when school is in session during the regular school year and as provided in "Scope of Services". Law enforcement personnel needed for extracurricular activities involving students, staff or SBOC facilities shall be available through the Agency's "Off Duty Services" program. This agreement does not guarantee the availability of off-duty officers. G. If the monies that OCPS receives for the "Guardian Program" as established in the Marjory Stoneman Douglas High School Public Safety Act are converted into money which may be used by SBOC to fund or reimburse the Agency for SRO positions, SBOC will notify the Law Enforcement Agency of this new money. H. Provided the Law Enforcement Agency is not in violation of any of the terms of this Agreement, payment shall be made in two installments (one half of each school year rate) with payments due on or before January 31,2020,June 30,2020, January 31,2021 and June 30,2021.If SBOC believes that the Law Enforcement Agency is in violation of the terms of this Agreement, SBOC shall deliver written notice to the head of the Law Enforcement Agency of the violation(s) and allow the Law Enforcement Agency thirty(30)days to correct any violation. If SBOC does not provide written notice of the violation and provides the Law Enforcement Agency the opportunity to correct said violation(s), SBOC shall not withhold payment. Additionally, if SBOC provides written notice of a violation and the Law Enforcement Agency corrects the violation(s) within the thirty (30) days, SBOC shall not withhold payment. The Law Enforcement Agency will deliver an invoice to SBOC at least forty-five (45) days prior to the agreed upon payment date. I. The Law Enforcement Agency shall submit invoices that reference valid SBOC Purchase Order numbers on all requests for payment.Any invoice submitted as a result of this Agreement shall be submitted in an Excel formatted spreadsheet itemized to identify the SRO, assigned school and dates of services provided. Non-SRO services shall be billed on a separate Excel Spreadsheet itemized to identify the non-SRO,assigned school,dates of service and hours on duty.Lump Sum invoices shall not be submitted and will not be accepted for multiple line Purchase Orders. QUALIFICATIONS OF SROs Law Enforcement Agencies will train officers to be statutorily qualified as an SRO. SBOC will pay for the SRO Basic Certification as funding permits. OPTIONAL SERVICES An SRO or non-SRO's main function on the school campus, as articulated in the Marjory Stoneman Douglas High School Public Safety Act, is to be a uniformed, armed presence on the school campus. If time permits,the SRO or non-SRO may also engage in additional activities while on school campus: A. An SRO assigned to a school may, by mutual agreement,teach programs to the students. Any curriculum the SRO teaches should be an approved program or be submitted to the SBOC District Police for approval. B. SROs and non-SROs are encouraged to engage in individual and small group discussion with students, faculty and parents about matters related to law enforcement. C. SROs and non-SROs are encouraged to make referrals to community agencies offering assistance to juveniles and their families, such as mental health clinics, drug treatment centers, etc.when the officer deems appropriate. D. SROs and non-SROs may assist other law enforcement officers in matters relating to the SRO school assignments. E. The assigned SROs and non-SROs will be on the premises of the school as a uniformed presence while the SBOC District Police conduct their weapons screening program. The weapons screening is solely the responsibility of SBOC and the SROs and non-SROs will not participate in screening or searching any student, SBOC employee, or any other person as part of SBOC's screening program, unless the officer can articulate reasonable suspicion that the person is armed justifying a pat down or probable cause to search based upon the belief weapons or contraband are illegally possessed. Where staffing levels permit temporary re-assignment of SROs from other schools is permissible. SBOC must provide a minimum of two (2) business days'notice to the Law Enforcement Agency management staff. F. If the Law Enforcement Agency cannot temporarily re-assign an SRO or non-SRO to another school for the weapons screening program, SBOC will decide if they want to operate the weapons screening with just the assigned SRO or if they want to request an off-duty officer to be present. This agreement does not guarantee the availability of off-duty officers. G. Upon receiving a records request from SBOC and as permitted by law and agency policy, any reports or documentation created in the course of a criminal investigation may be forwarded to the OCPS District Police for appropriate action and dissemination to the affected school as necessary. H. SROs and non-SROs shall not be assigned any duties regularly given to school personnel, such as lunchroom or hall duty. The SRO and non-SROs, shall be visible in student populated areas before school, during class change, at lunch, and during dismissal when not involved in other Law Enforcement duties. The SRO and non-SRO shall patrol the perimeter and external portion of the school when the SRO's or non-SRO's schedule permits. COOPERATION BETWEEN PARTIES A. The Law Enforcement Agency may submit a combined agency SRO activity log to SBOC District Police by the 15th day of the following month. This activity log can be combined with any duty log created or already in place by an individual agency, and it may include statistical data of any arrests, Juvenile Release Agreements, At-Large Affidavits, or Juvenile Civil Citations issued on SBOC-owned property taken by the SRO or other law enforcement officer while school is in session. B. Law Enforcement Agencies, within statutory and policy guidelines, shall share criminal information (to include specific incidents and trends), potential threats to the school, criminal gang activities, and other issues that could affect the safety of the school environment with the SBOC District Police. C. SROs and non-SROs are under the direct supervision and control of the Law Enforcement Agency. They remain employees of the Law Enforcement Agency and are responsible and accountable to the Law Enforcement Agency's chain of command. SROs and non-SROs will coordinate their activities with a single point of contact identified by SBOC. D. The SRO and non-SRO will, in a reasonable and practical time frame and within statutory and agency guidelines, communicate any law enforcement action the SRO or non-SRO takes on campus with the principal or his/her designee. The SRO and non-SRO shall make reasonable efforts to inform the principal or his/her designee prior to removing any student from class to conduct custodial interrogations unless there is a threat to school safety that requires immediate action. School administrators will not interfere with criminal investigations involving students. Any student information provided to the SRO, non-SRO, or Law Enforcement Agency by SBOC shall be subject to student privacy laws. E. School administration shall advise the SRO or non-SRO, or if the SRO or non-SRO is not available,the Law Enforcement Agency, of any incidents occurring on: school campus, school transportation or involving current or past students which a reasonable person would believe to be criminal activity or which constitutes a potential threat. Said notification shall be made immediately. F. Behavior that could be defined as a "petty act of misconduct" which are not threats to school safety, and do not require consultation with law enforcement under Section 1006.13(c), Florida Statutes, shall be discussed by school administration and the SRO or non-SRO to determine if there is an appropriate student discipline remedy in lieu of criminal prosecution. If the parties agree that the offense should be handled by the school, the offense will be handled by OCPS. Notwithstanding the foregoing, nothing herein shall preclude the Law Enforcement Agency's discretion to conduct a criminal investigation. G. If criminal activity is suspected, the primary investigative party will be the Law Enforcement Agency. The status and findings of the investigation, where permitted by Florida law and the law enforcement agency's policy, will be communicated with school administration. A school investigation may be done concurrently,but shall not interfere with law enforcement activities. H. SROs and non-SROs are not school disciplinarians. The SRO or non-SRO will not transport suspended or disruptive students unless authorized by their supervisor. The parties shall cooperate in informing the student's parents in the event the student is being transported to another location. I. Should it become necessary to conduct formal law enforcement interviews on school grounds with students or staff, the SRO or non-SRO shall abide by applicable State law and the Law Enforcement Agency's policy and procedure. SBOC personnel shall cooperate with those efforts. J. Nothing herein shall be construed as imposing a legal duty for school and/or student security upon the Law Enforcement Agency. This Agreement shall not be construed as creating a special relationship between the Law Enforcement Agency and any person or entity. TERM AND TERMINATION A. This Agreement shall be in effect from July 1, 2019,through June 30, 2021. B. Either party may terminate this Agreement without cause upon thirty (30) days written notice to the other party. In the event of such a termination, the Law Enforcement Agency shall be paid on a pro rata basis for services rendered to the date of termination. Further, either party may immediately terminate this Agreement for cause upon giving written notice to the other party and a 30-day opportunity to cure any material default. C. The terms and provisions of this Agreement constitute the entire contract between the parties with respect to the subject matter hereof and shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties. No change, alteration, or modification of this Agreement shall be effective unless in writing and signed by both parties hereto. D. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The venue of any litigation arising hereunder shall be Orange County,Florida. E. All concerns and conflicts regarding SROs and SBOC schools will be administered through the Chief- District Police and the appropriate designee from the Law Enforcement Agency unless otherwise prohibited by law or agency policy. F. It is understood and agreed to by the parties that at no time shall a law enforcement officer acting pursuant to this Agreement be an employee or agent of SBOC. The law enforcement officer shall always be and remain an employee of the Law Enforcement Agency when performing their function herein. G. The parties agree that they will engage in meaningful, face to face negotiations beginning in January 2021 in preparation for the 2021-2022 school years,with the intent of having a finalized agreement on or about July 1, 2021. Each party will assign personnel to their respective team that have the ability to negotiate on behalf of their organization. H. In the event SBOC enters into an agreement with another law enforcement agency, which contains terms more favorable to either party than those contained in this Agreement,the parties hereto agree to amend this Agreement to mirror all terms contained in the more favorable agreement. MISCELLANEOUS TERMS A. The Law Enforcement Agency is responsible for deciding which equipment is best suited for the SRO and non-SRO to successfully complete their duties. B. SBOC and the Law Enforcement Agency shall mutually agree on a location at each school where the Agency may install a gun safe provided by the Agency, in an area accessible by the Agency's sworn personnel,to ensure that equipment is kept in a secure manner throughout the day. C. SBOC will provide work space for use by SROs or non-SROs in each assigned school. D. Pursuant to Section 1006.07(4)(b)(1), Florida Statutes, the Law Enforcement Agency shall conduct active assailant situation training at schools identified in Exhibit A to this document and may assist in that training at any other schools within its jurisdiction. E. Pursuant to Section 1006.07(7), Florida Statutes, the Law Enforcement Agency shall assign a sworn law enforcement officer to serve on the threat assessment team at each school identified in Exhibit A to this document within its jurisdiction. The parties agree that these meetings may be conducted electronically, through internet/video links if needed to ensure the efficiency of the process. F. SBOC will, in compliance with Section 1006.07(4)(b)4c, Florida Statutes, establish a schedule to test the functionality and coverage capacity of all emergency communication systems and determine if adequate signal strength is available in all areas of the school's campus. SBOC will advise the Agency of the testing schedule and shall make reasonable efforts to correct any deficiencies. Additionally, each school will provide access to a school radio to the SRO. G. SBOC will provide the Agency with the radio frequencies utilized by SBOC, and provide assistance to permit law enforcement to monitor those frequencies in an emergency. H. In an emergency, SBOC will make all reasonable efforts to provide the Agency with sufficient physical access to each school facility so the responding agency will have the ability to access the school.