Loading...
HomeMy WebLinkAboutItem 12 Approval of School Resource Officer Agreement with Renaissance Charter School at Crown Point e ocoee nor.. AGENDA ITEM COVER SHEET Meeting Date: May 18, 2021 Item # la Reviewed By: �•�G '�' Contact Name: Deputy Chief C. McKinstry Department Director: Chief. . Fla ,, eja Contact Number: (407) 554-7192 City Manager: Rob Fran""/A Subject: School Resource Officer Agreement with Renaissance Charter Background Summary: Florida Statute Section 1006.12, Florida Statutes, entitled "Safe-School officers at each public school", requires 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. The School Board has suggested that Charter Schools, which are designated as Florida public schools in Section 1002.33, Florida Statutes, should contract for and obtain school resource officers individually with law enforcement agencies. Renaissance Charter School desires to continue contracting with the Ocoee Police Department for a School Resource Officer for their Ocoee campus. The Ocoee Police Department will provide one (1) School Resource Officer, same staffing as last contract, to Renaissance Charter School. Agreements between the City and the Charter Schools are required in order for the Police Department to understand officer responsibilities and for the City to be reimbursed by the Charter School's Board of Directors. For School Resource Officer services, the Charter Schools will be charged a fee based on the 10-month school year. The agreement is effective for a two-year term from July 1, 2021 to June 30, 2023. Issue: Should the Honorable Mayor and Board of City Commissioners approve the renewal of the agreement for a two-year term with the Renaissance Charter School,which reimburses the City for providing a School Resource Officer to the charter school 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 Renaissance Charter School, which reimburses the City for providing a School Resource Officer for the Charter School in Ocoee. Attachments: Renaissance Charter School Agreement 2021-2023 School Year. Financial Impact: Renaissance Charter School will reimburse the City in the amount of$74,263 for school year 2021-2022 and $76,491 for the 2022-2023 school year. Type of Item: (please mark with an "x") Public Hearing For Clerk's Dept Use:, Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda x Commission Approval Discussion& Direction X Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney Logan J. Opsahl 03/05/2021 N/A Reviewed by Finance Dept. Rebecca Roberts 05/06/2021 N/A Reviewed by () N/A AGREEMENT between Renaissance Charter School, Inc., for Renaissance Charter School at Crown Point, a charter school located in Ocoee, Orange County, Florida and City of Ocoee Police Department for The School Resource Officer Program This agreement is entered into this day of ,2021 (the "Agreement")between Renaissance Charter School, Inc., for the Renaissance Charter School at Crown Point, a charter school established and operating pursuant to Title XLVIII, Florida Statutes, in Ocoee, Orange County, Florida (hereinafter referred to as the "School"), and the City of Ocoee, a Florida municipal corporation (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, the Florida Legislature has amended section 1006.12, Florida Statutes, entitled "Safe-School officers at each public school", to require 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, the School Board has suggested that Charter Schools, which are designated as Florida public schools in section 1002.33, Florida Statutes, should contract for and obtain school resource officers individually with the Law Enforcement Agency. WHEREAS, the School and Agency intend to enter into this Agreement so that the Agency may assist the School with school resource officer personnel. NOW, THEREFORE, in mutual consideration of the covenants herein, the Law Enforcement Agency and the School agree as follows: Page 1 of 9 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 Year (the "School Year") —the ten (10) month,regular school year, consisting of 1441 hours worked. SCOPE OF SERVICES The Law Enforcement Agency shall assign one or more SRO or non-SRO at the School. A. Any requests for additional SRO services during the term of this Agreement and during regular school hours by School shall be further negotiated through School's administration 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. Each SRO and non-SRO work year will follow the schedule established by School for 10-month teachers. School and Agency may enter into an Agreement for summer school assignment if necessary. C. 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 perfotni 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 in advance,when possible. The Law Enforcement Agency shall make reasonable efforts to replace SROs or non-SROs who are absent for more than one day, based upon available resources of the Law Enforcement Agency. Notwithstanding the foregoing, the Agency shall have at least one SRO on campus at all times. D. SROs and non-SROs should wear their department issued uniforms while working on campus and at school events,unless exempted by their immediate supervisor. E. The parties agree that representatives of the School and Agency management will hold a pre-school year planning meeting and a post school year debriefing meeting to address operational issues and concerns. Page 2 of 9 F. The SROs or non-SROs shall make reasonable efforts to arrive at their assigned campus one half(1/2)hour before the school day begins and shall remain on campus one half(1/2) 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. RATE The rates described below apply for the term of this Agreement, inclusive of the school year beginning July 1,2021 through June 30,2022 and the school year beginning July 1, 2022 through June 20, 2023: A. For the 2021-2022 School Year, the School agrees to reimburse the Law Enforcement Agency at a rate of$74,263.00 per full-time SRO at the School. B. For the 2022-2023 School Year, the School agrees to reimburse the Law Enforcement Agency at a rate of$76,491.00 per full-time SRO at the School. C. 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 the School facilities shall be available through the Agency's "Off Duty Services" program. This Agreement does not guarantee the availability of off-duty officers. Additional services provided by Agency to School shall be reimbursed in accordance with an invoice provided by Agency to School providing a list of hours worked consistent with the Agency's accounting for off-duty details. QUALIFICATIONS OF SROs Law Enforcement Agencies will train officers to be statutorily qualified as an SRO. The School 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 School 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. Page 3 of 9 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. 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 an agency SRO activity log to School 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 School-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 School. 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 the School. 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 Page 4 of 9 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(4)(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 the School. 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. School 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, 2021,through June 30, 2023. 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. Neither party may assign this Agreement. Page 5 of 9 D. The teens 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. E. 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. F. All concerns and conflicts regarding SROs and the School will be administered through the appropriate designee from the Law Enforcement Agency unless otherwise prohibited by law or agency policy. G. 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 the School. The law enforcement officer shall always be and remain an employee of the Law Enforcement Agency when performing their function herein. H. The parties agree that they will engage in meaningful, face to face negotiations beginning in January 2023 in preparation for the 2023-24 school year, with the intent of having a finalized agreement on or about July 1,2024. Each party will assign personnel to their respective team that have the ability to negotiate on behalf of their organization. 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. The School shall provide a location at the 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. School will provide workspace 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 the School. 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 the School. The parties agree that these meetings may be conducted electronically,through internet/video links if needed to ensure the efficiency of the process. Page 6 of 9 F. School will, in compliance with Section 1006.07(4)(f), 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. School will advise the Agency of the testing schedule and shall make reasonable efforts to correct any deficiencies. Additionally, the School will provide access to a school radio to the SRO. G. School will provide the Agency with the radio frequencies utilized by the School and provide assistance to permit law enforcement to monitor those frequencies in an emergency. H. In an emergency,the School will make all reasonable efforts to provide the Agency with sufficient physical access to the School so the responding personnel will have the ability to access the School. [SIGNATURE PAGES TO FOLLOW] Page 7 of 9 IN WITNESS WHEREOF,the parties have caused this Agreement to be executed by the undersigned persons as duly authorized. LAW ENFOREMENT AGENCY: CITY OF OCOEE, a Florida municipal corporation By: RUSTY JOHNSON, Mayor Attest: Melanie Sibbitt, City Clerk APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON , 2021, UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this_day of 2021. SHUFFIELD LOWMAN & WILSON, P.A. By: City Attorney Page 8 of 9 SCHOOL: RENAISSANCE CHARTER SCHOOL, INC., FOR RENAISSANCE CHARTER SCHOOL AT CROWN POINT, a Charter School existing under the laws of the state of Florida By: Title: Date: Page 9 of 9