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Item #03 Approval of 2010/2011 School Resource Officer Contract tre c of Good r , AGENDA ITEM COVER SHEET Meeting Date: November 2, 2010 Item # A Reviewed By: A fir Contact Name: C. Brown Department Director: C. Brown Contact Number: X 3021 City Manager: R. Frank Subject: School Resource Officer Agreement 2010/2011 Background Summary: The Ocoee Police Department provides one (1) DARE officer to five (5) elementary schools, one (1) School Resource Officer to one (1) middle school, and two (2) School Resource Officers to one (1) high school, all of which are located within the city limits of Ocoee. An annual agreement between the City and the School Board of Orange County is required in order for the Police Department to understand its officers' responsibilities and for the City to be reimbursed by the School Board of Orange County for a portion of the officers' salaries. Issue: Should 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 DARE officers to the public schools in 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 DARE officers to the public schools in Ocoee. Attachments: School Resource Officer Agreement 2010/2011 Financial Impact: The agreement reimburses the City a total of $93,500 for providing the four (4) officers for the schools located within the City limits. Foley and Lardner has reviewed the agreement. 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 10 -22 -10 N/A Reviewed by Finance Dept. N/A Reviewed by 0 N/A AGREEMENT between The School Board of Orange County, Florida and The City of Ocoee, Florida for The School Resource Officer Program This agreement is entered into this 1 day of July, 2010 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 the "School Board," and the City of Ocoee, Florida, hereinafter referred to as the "Law Enforcement Agency." WITNESSETH NOW, THEREFORE, in mutual consideration of the covenants herein, the Law Enforcement Agency and the School Board agree as follows: 1. This Agreement shall be in effect from July 1, 2010 through June 30, 2011, unless otherwise terminated as provided herein. 2. The Law Enforcement Agency shall assign officers according to the manpower formula listed in 2.A to be school resource officers ( "SROs ") for public schools in the Orange County school district. A. 2 Officers at each High School 1 Officer at each Middle School 1 Officer for every 4 Elementary Schools B. The Law Enforcement Agency will only provide such services to the schools listed in Exhibit "A ". The Law Enforcement Agency does not agree to automatically include schools that are currently within, built within, or annexed into, its jurisdiction. 3. All SROs shall meet or exceed the following qualifications: A. Minimum two years experience in law enforcement operations. Preferably, one year of the officer's experience in law enforcement operations should be in the local jurisdiction. This requirement may be modified by mutual agreement of the Law Enforcement Agency and the Chief Operations Officer of the School Board. B. Certified by the State of Florida as a law enforcement officer. • 4. Each SRO's work year will follow that established by the School Board for 10- month teachers. The parties may agree to summer school assignments for SROs. 5. SROs assigned to elementary schools shall, by mutual agreement, teach either the MAGIC, Fantastic Foundations, Super Kids, D.A.R.E. or the Exploration of Public Service Occupations (locally referred to as Law Awareness) curriculums, or any other curriculum that is mutually agreed to between the parties, as guest presenters in fifth grade classes and in other grades as agreed to between the parties. 6. SROs assigned to middle schools may, by mutual agreement, have a teaching assignment which consists of either the G.R.E.A.T. (Gang Resistance Education and Training), Super Teens, Exploration of Public Service Occupations, Cyber Safety, or a combination of any of these classes /curriculums. 7. SROs assigned to high schools will instruct specialized short -term programs by invitation of school administration or faculty member. 8. Any exceptions to the instructional responsibilities outlined herein must be mutually agreed upon by the School Board's associate superintendent, education services, the applicable schools' principals and an authorized representative of the Law Enforcement Agency. 9. SROs shall be responsible for the following additional duties: A. Encouraging individual and small group discussion with students, faculty, and parents about matters related to law enforcement. B. Making referrals to community agencies offering assistance to juveniles and their families, such as mental health clinics, drug treatment centers, etc. when the SRO deems appropriate. C. Informing principals, as soon as practicable, about law enforcement activity undertaken on school grounds, as allowed by the State law. D. Assisting other law enforcement officers in matters relating to the SROs' school assignments. E. Completing student and program records requested by the School Board. F. Actively support the OCPS Early Truancy Intervention Program (ETI) under the direction of the school system and the State Attorney 9th Judicial Circuit of Florida. 10. Each SRO will reaffirm his or her role as a law enforcement officer by wearing a uniform at least one day a week, unless doing so would be inappropriate for scheduled school activities. The uniform will also be worn at school events, where it will enhance the image of the SRO and his or her ability to perform applicable duties. 11. SROs are under the direct supervision and control of the Law Enforcement Agency. They remain employees of the Law Enforcement Agency and are responsive to the Law Enforcement Agency's chain of command. SROs will coordinate their activities with the principals and other appropriate staff members of their assigned schools. They will seek permission, advice, and guidance prior to enacting any programs within the schools. 12. SROs shall not be assigned any duties regularly given to school personnel, such as lunchroom or hall duty. Nothing herein is intended to preclude the SRO from being available in areas where interaction with students is expected. 13. SROs are not school disciplinarians. If the principal of a school believes that a violation of law has taken place relating to a school, he or she shall contact the SRO assigned to that school, who shall assess the situation and take whatever action he or she deems appropriate. The SRO may only transport suspended or disruptive students with the approval of his or her supervisor. 14. Should it become necessary to conduct formal law enforcement interviews on school grounds with students or staff, the SRO shall abide by applicable State law and the Law Enforcement Agency's policy and procedure. School Board personnel shall cooperate with those efforts. 15. Principals shall inform and update SROs about situations arising on campus that may involve criminal activity. 16. 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. 17. The School Board shall provide funding as specified in Exhibit "A" attached hereto for the services described herein. Payment shall be made in two equal installments with the first payment due on or before December 31, 2010, and the second installment due on or before June 30, 2011. 18. Either party may terminate this Agreement without cause upon 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. 19. Neither party may assign this Agreement. 20. 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. 21. 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. 22. 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 Board. The law enforcement officer shall always be and remain an employee of the Law Enforcement Agency when performing their function herein. 23. SROs are required to be absent from campus from time to time to attend training, to appear in court and to perform certain administrative functions required by their position with the Law Enforcement Agency. The officer's supervisor will approve all such absences and ensure that the site administrator is informed, in advance. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by the undersigned persons as duly authorized. THE SCHOOL BOARD OF ORANGE COUNTY, FLORIDA BY: Chairman (Corporate Seal) BY: Ronald Blocker, Superintendent This document has been reviewed by the School Board Attorney on behalf of School Board, this day of , 2010. BY: CITY OF OCOEE SIGNATURE PAGE APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor DATE: (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING HELD APPROVED AS TO FORM AND LEGALITY ON , 2010, this day of , 2010. UNDER AGENDA ITEM NO. . FOLEY & LARDNER LLP By: City Attorney Exhibit "A" The City of Ocoee 2010 -2011 School Year Reimbursement for School Resources Officers School School # Level # of Amount Officers 1. Citrus Elem. 0216 E .25 5,500 2. Ocoee Elem. 1531 E .25 5,500 3. Spring Lake Elem. 0841 E .25 5,500 4. Thornbrooke Elem. 0235 E .25 5,500 5. Westbrooke Elem. 1562 E .25 5,500 6. Ocoee Middle 0342 M 1.00 22,000 7. Ocoee H. S. 0252 H 2.00 44,000 Total 4.25 93,500