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HomeMy WebLinkAboutItem 15 Approval for Extension of the School Resource Officer Agreement with Orange County Public SchoolsContact Name: Contact Number: Background Summary: Meeting Date: September 20, 2022 Item # Chief Saima Plasencia (407) 905-3163 Reviewed By: Department Director: Chief Saim , City Manager: Rob Frank The Ocoee Police Department provides to Orange County Public Schools a total of nine officers and one supervisor: five School Resource Officers for five elementary schools, two School Resource Officers for one middle school, and two School Resource Officers for one 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. Previously, this Agreement was in effect from July 1, 2021, to June 30, 2022. The Police Department, in consultation with the City Attorney's Office, is requesting to enter into a two-year agreement covering the 2022/2023 and 2023/2024 school years. The agreement will commit the School Board of Orange County to pay for reimbursement of $57,500 for one supervisor and $57,500 per School Resource Officer for the 2022/2023 school year. These rates will increase to $60,000 in the second year, 2023/2024 school year, for all positions. Issue: Should the Honorable Mayor and Board of City Commissioners approve an 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 the Honorable Mayor and Board of City Commissioners approve the Agreement with the School Board of Orange County, which reimburses the City for providing School Resource Officers and one supervisor for the public schools located in the City of Ocoee. Attachments: School Resource Officer Agreement with Exhibits A, B, C, and D for the 2022/2023 and 2023/2024 school years. Financial Impact: The agreement reimburses the City a total of $575,000 school year for providing nine officers and one supervisor for the public 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 _ Ordinance Second Reading _ Resolution x Commission Approval Discussion & Direction Consent Agenda Public Hearing Regular Agenda Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney Robin Dra e 07/27/2022 N/A Reviewed by Finance Dept. N/A Reviewed by Q _ 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 , 2022 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." Collectively referred to as the "Parties." 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 further amended the laws relating to school safety through the Implementation of Legislative Recommendations of the Marjory Stoneman Douglas High School Public Safety Commission, which was signed by the Governor on May 8, 2019 and went into effect on October 1, 2019. 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. OCPS District Police — Orange County Public Schools District Police Department. B. 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. C. 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. D. School Safety Officers — Sworn Law Enforcement Officers employed by SBOC. E. School Year — The ten (10) month, regular school year, consisting of 1441 hours worked. F. 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. G. School Based Enrichment Camp — Camps put on by SBOC at certain schools during periods of school closure to offer students additional instruction. SCOPE OF SERVICES The Law Enforcement Agency shall make all reasonable efforts to assign one or more SROs or non-SROs at each school within its jurisdiction as identified in "Exhibit A" and "Exhibit "C." 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 OCPS 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. I D. If SBOC schedules summer school or school based enrichment camps during 2022-2023 and 2023-2024, 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 or each school based enrichment camp as soon as reasonably practicable but no later than forty-five (45) days prior to the beginning of the school based enrichment camp or 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. The Agency shall provide written notice within fifteen (15) days of the disclosure of the summer school and school based enrichment camp list if the Agency cannot provide staffing for these programs. E. In the event that the Agency provides staffing for a school based enrichment camp or Summer School, the Agency will provide SBOC an invoice after the conclusion of the school based enrichment camp and at the end of Summer School providing the same level of detail as those invoices provided during the regular school year. SBOC 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 (1/2) 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 OCPS 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. 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 ensure at least one officer is assigned to be on campus every school day. 3 1. OCPS District Police 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 OCPS 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. The rates described below apply to the school year beginning July 1, 2022 through June 30, 2024: A. SBOC agrees to reimburse the Law Enforcement Agency at a rate of $57,500.00 per full-time SRO for the 10-month school year at schools identified in "Exhibit A" for the 2022-2023 school year. SBOC agrees to reimburse the Law Enforcement Agency at a rate of pay of $60,000.00 per full-time SRO for the 10-month school year at the schools identified in "Exhibit C" for the 2023-2024 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" and "Exhibit C." 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 $57,500.00 for the 2022-2023 school year and $60,000.00 for the 2023-2024, prorated based upon the SRO's start date at the school. D. Rates for Summer School and school based enrichment camps 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 $57,500.00 for supervisors in the 2022-2023 school year and $60,000.00 for the 2023-2024 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: 4 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 $14,375.00 for supervision costs in the 2022-2023 school year, and $15,000.00 in the 2023-2024 school year for supervision costs. 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 $28,750.00 for supervision costs in the 2022-2023 school year, and $30,000.00 in the 2023-2024 school year for supervision costs. 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 $43,125.00 for supervision costs in the 2022-2023 school year, and $45,000.00 in the 2023-2024 school year for supervision costs. 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 $57,500.00 for supervision costs in the 2022-2023 school year, and $60,000.00 in the 2023-2024 school year for supervision costs. A list of said positions shall be attached hereto as "Exhibit B" and Exhibit "D." 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 SBOC receives monies for the "Guardian Program" as established in the Marjory Stoneman Douglas High School Public Safety Act. 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, 2023, June 30, 2023, January 31, 2024 and June 30, 2024. 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 9 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. The Law Enforcement Agency shall submit invoices that reference valid SBOC Purchase Order members 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. The Parties recognize that providing law enforcement services to certain extra- curricular school events is a community safety priority. Subject to restrictions found in the applicable collective bargaining agreement (s) regarding detail rates and staffing availability of the Law Enforcement Agency, the Parties will work together to ensure adequate staffing from the Agency during these events. This Agreement does not guarantee the availability of officers to cover these events. QUALIFICATIONS OF SROs Law Enforcement Agencies will assign statutorily qualified individuals to the role of SRO. SBOC will pay for the SRO Basic, Intermediate, and Advanced 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 OCPS 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 OCPS District Police conduct their weapons screening program. The weapons screening is solely the responsibility of SBOC and the SROs and non-SROs Cel 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. OCPS District Police 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 OCPS District Police by the 15"' 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 OCPS 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- 7 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 if there is a reasonable concern for immediate safety of students or personnel, or on the next business day if there is no immediate threat. F. Behavior that could be defined as a "petty act of misconduct" 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. The Parties also agree that they will continue to comply with the Collaborative Agreement on School Discipline. If the parties agree that the offense should be handled by the school, the offense will be handled by SBOC. 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. K. The Law Enforcement Agency will notify the Chief -District Police or their designee within twenty-four (24) hours whenever an SRO is dismissed for misconduct, otherwise E'? disciplined, or discharges their firearm in the exercise of the SROs duties other than for training. For purposes of this paragraph, "otherwise disciplined" means: there was a sustained finding of misconduct by the agency, which the agency will be reporting to the Criminal Justice Standards and Training Commission. L. The decision to designate a particular law enforcement officer as a School Resource Officer or the decision to temporarily fill an empty School Resource Officer position with a particular law enforcement officer is solely in the discretion of the Chief of Police or their designee. While the Law Enforcement Agency will engage in cormnunication with the Chief -District Police when the Chief -District Police raises objections to a particular person being assigned to an SRO position, the staffing decision ultimately rests with the Chief of Police or their designee. M. The Law Enforcement Agency agrees to notify the Chief -District Police, or their designee, within twenty-four (24) hours once the Agency becomes aware that an SRO has been arrested or whenever an SRO has been newly assigned, transferred, or removed from their school assignment. If an SRO is reassigned, they are required to immediately, but not later than forty-eight (48) hours after the reassigmnent, return proximity cards and school keys. N. The Law Enforcement Agency agrees to have in place a social media policy for their agency, which their SROs will be required to follow. O. The Agency will promptly respond to SBOC requests for records to assist SBOC with audit requests. SRO TRAINING A. The Law Enforcement Agency agrees to have all SROs complete mental health crisis intervention training ("CIT") as soon as practical within one year of taking an SRO assignment in compliance with Section 1006.12(1), Florida Statutes. B. SBOC shall offer youth mental health awareness and assistance training and will make it available to all SROs and any Law Enforcement Officer who trains SROs. C. SBOC shall offer training to all SROs assigned to Special Day Schools or Schools with Exceptional Student Education ("ESE") separate class settings. The parties will strongly encourage attendance by all SROs and Law Enforcement Officers who train SROs. D. The Law Enforcement Agency is encouraged to collaborate with the OCPS District Police to select or develop an SRO training curriculum that supports the SBOC's objective of maintaining a positive climate and safe environment in schools. 0 TERM AND TERMINATION A. This Agreement shall commence on July 1, 2022, and will terminate on June 30, 2024. The Agreement may be renewed at the end of the contract term for one (1) additional two (2) year period, on the same or substantially similar terms, by mutual written agreement of the Parties. 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 thirty (30) day opportunity to cure any material default. C. Neither party may assign this Agreement. However, the Law Enforcement Agency may utilize other agencies to staff non -SRO positions provided that the Law Enforcement Agency has a valid mutual aid agreement with the other agency that allows for such cooperation. D. 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. 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 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. 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 SBOC. 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 2024 in preparation for the 2024-2025 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. I. 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 10 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 workspace for use by SROs or non-SROs in each assigned school. D. All body -worn camera recordings captured by the Agency's SROs within the school remain the property and work product of the law enforcement agency. Any requests made to the School Board by a third party for copies of video recordings shall be referred to the Agency's Records Division for handling in accordance with Florida law. The Agency and SBOC further agree that if equipped with the use of a body -worn camera, then the camera operation is part of the SRO's uniform. It is the intention of this Agreement that within the school setting, the body -worn cameras will only be used when taking law enforcement action, or as otherwise authorized by the Agency's policy. E. Pursuant to Section 1006.07(4)(a), Florida Statues, Law enforcement officers responsible for responding to the school in the event of an active assailant emergency, as determined necessary by the sheriff in coordination with the district's safety specialist, must be physically present on campus and directly involved in the execution of active assailant emergency drills. SBOC must notify law enforcement officers at least twenty-four (24) hours before conducting an active assailant emergency drill at which such law enforcement officers are expected to attend. F. To the extent Services provided hereunder pertain to the access of student information, the Law Enforcement Agency shall adhere to all standards included in Sections 1002.22 and 1002.221, Florida Statues (the Protection of Pupil Privacy Acts), 20 U.S.C. 1232g — the Family Educational Rights and Privacy Act (FERPA), the federal regulations issued pursuant thereto (34 CFR Part 99), and/or any other applicable state or federal law or regulation regarding the confidentiality of student information and records. G. Nothing in this Agreement shall be deemed to affect the rights, privileges or constitute a waiver, or limitation, of parties' sovereign immunity protection and limitations of liability pursuant to section 768.28, Florida Statues. 11 H. Pursuant to Section 1006.07(4)(b)(1), Florida Statutes, the Law Enforcement Agency shall conduct active assailant situation training at schools within its jurisdiction. I. 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 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. J. 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. Upon request, 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. K. 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. L. 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. M. All parties to this agreement will comply with all applicable state and federal laws. (Space intentionally left blank) 12 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by the undersigned persons as duly authorized. CITY OF OCOEE Rusty Johnson, Mayor Approved as to Form and Legality Date: THE SCHOOL BOARD OF ORANGE COUNTY, FLORIDA Teresa Jacobs, Chairman Maria Vazquez, Superintendent This document has been reviewed by the Office of the General Counsel on behalf of The School Board of Orange County, Florida, for its exclusive use and reliance, this day of , 2022. C Keshara D. Cowans, Staff Attorney 13