Emergency Item 1 - Renewal of School Resource Officer Agreement with Orange County Public Schools A
OCOebe
AGENDA ITEM COVER SHEET
Meeting Date: October 16, 2018
Item # Emersenc Item 1
viewed By:
Contact Name: Deputy Chief S. McCosker ( I- artment Director: Chi > > - - �,_ grown
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Contact Number: X3055 City Manager: Rob Fra, f��
Subject: Renewal of School Resource Officer Agreement with Orange County Public Schools
Background Summary:
The Ocoee Police Department provides one (1) officer to one (1) elementary school, one (1) School Resource
Officer to one (1) combined middle school and an elementary school as a Level K-8 campus, and two (2)
School Resource Officers to one (1) high school, all of which are located within the City of Ocoee. An annual
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,
2018,to June 30, 2019. Similar agreements were previously reviewed by the City Attorney and approved by the
City Commission for 2015-2018; however, these agreements are for a one-year period. In addition, this contract
will provides for School Board of Orange County to pay for one (1) off-duty officer at one (1) elementary school
for an off-duty rate of$50 an hour and reimbursement of$33,750 for one (1) supervisor.
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 for the public schools in Ocoee.
Attachments:
School Resource Officer Agreement 2018-2019.
Financial Impact:
The agreement reimburses the City a total of $285,800 for the 2018-2019 school year for providing the five (5)
officers and one (1) supervisor for the schools located within the City of Ocoee. The contract also provides for
OCPS to hire one (1) off-duty officer for an elementary school at the rate of$50 an hour.
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
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney na Crosby-Collier N/A
Reviewed by Finance Dept. N/A
Reviewed by () N/A
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AGREEMENT
between
The School Board of Orange.County, Florida
and
Ocoee Police Department
for
The School Resource Officer Program
This agreement is entered into this day of , 2018 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 "OCPS" 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, OCPS 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, OCPS has identified those schools within each agency's jurisdiction that requires the
assignment of an SRO, as provided by OCPS or the Agency, as further described herein, 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 OCPS 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, 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(SSO)—Sworn Law Enforcement Officers employed by OCPS.
D. School Year—the ten(10)month,regular school year, consisting of 1441 hours worked.
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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 and as so indicated in"Exhibit A."
A. Any requests for additional SRO services during the term of this Agreement and during
regular school hours by any OCPS 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. OCPS 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, OCPS shall provide the Law
Enforcement Agency with OCPS' adopted five (5) year Capital Improvement Plan ("5 Year
CIP") on a yearly basis, no later than October 1 of each year. OCPS shall also promptly
provide the Law Enforcement Agency any amendments to the 5 Year CIP adopted by OCPS.
C. Each SRO and non-SRO work year will follow the schedule established by OCPS for 10-
month teachers.
D. If OCPS schedules summer school in 2019, 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 and as indicated is served by the Agency in Exhibit A, hereto. OCPS 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 OCPS 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 Law Enforcement Agency has contracted separately with the Charter Schools located in
its jurisdiction and these Charter Schools are not the subject of this agreement. .
G. 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.
H. 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
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and approved by the Law Enforcement Agency based upon staffing availability and internal
agency policy.
I. 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 for more than one day, based upon available resources of the Law Enforcement
Agency. The Law Enforcement Agency shall make reasonable efforts to immediately notify
OCPS District Police of such SRO and non-SRO absences.
J. OCPS and the Law Enforcement Agency will coordinate all safety protocols required by
statute in a mutually agreeable manner.
K. SROs and non-SROs should wear their department issued uniforms while working on campus
and at school events,unless exempted by their immediate supervisor.
L. 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.
RATE
The rates described below apply to the school year beginning July 1, 2018 through June 30,2019:
A. OCPS agrees to reimburse the Law Enforcement Agency at a rate of$45,000.00 per full-time
SRO for the 10-month school year at those schools identified as being served by the Agency
in"Exhibit A".
B. OCPS 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, for the 10-month school year at schools identified as being
served by the Agency 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 OCPS
and the following change will be made:
1. OCPS will reimburse the Agency for the new SRO at the rate of $45,000.00 per
school year,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, OCPS will reimburse the
Agency at a rate of$50.00 per hour for non-SROs providing services.
E. OCPS will reimburse the Law Enforcement Agency at a rate of $45,000.00 for supervisors
including, but not limited to, sergeants and corporals assigned whose sole responsibility is to
provide direct supervision of the sworn law enforcement officers or SROs providing services
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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 supervises 1 to 2 SROs or non-SROs
assigned SRO duties, OCPS will pay the agency $11,250 for supervision
costs.
2. If the SRO Sergeant or SRO Corporal supervises 3 to 4 SROs or non-SROs
assigned SRO duties, OCPS will pay the agency $22,500 for supervision
costs.
3. If the SRO sergeant or SRO Corporal supervises 5 to 7 SROs or non-SROs
assigned SRO duties, OCPS will pay the agency $33,750 for supervision
costs.
4. If the SRO sergeant or SRO Corporal supervises 8 or more SROs or non-
SROs assigned SRO duties, OCSPS will pay the agency $45,000.00 for
supervision costs.
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 OCPS 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 OCPS to fund or reimburse the Agency for SRO positions, OCPS 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, 2019, and June 30, 2019. If OCPS believes that the
Law Enforcement Agency is in violation of the terms of this Agreement, OCPS 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 OCPS does not provide
written notice of the violation and provides the Law Enforcement Agency the opportunity to
correct said violation(s), OCPS shall not withhold payment. Additionally, if OCPS provides
written notice of a violation and the Law Enforcement Agency corrects the violation(s)within
the thirty (30) days, OCPS shall not withhold payment. The Law Enforcement Agency will
deliver an invoice to OCPS at least forty-five(45)days prior to the agreed upon payment date.
I. The Law Enforcement Agency shall submit invoices that reference valid OCPS 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.
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QUALIFICATIONS OF SROs
A. Law Enforcement Agencies will assign statutorily qualified individuals to the role of SRO.
OCPS will pay for the SRO Basic Certification as funding permits.
B. If an SRO or non-SRO is absent from campus, for more than a day, the Agency will make
reasonable efforts to provide a SRO or non-SRO to temporarily fill the vacancy. OCPS is not
responsible for any additional costs for SROs or non-SROs temporarily assigned to the school.
C. In the event that an SRO leaves or is absent from the SRO Unit for any reason, creating a
permanent or long term vacancy, the position will revert to a non-SRO position. The Agency
will immediately notify OCPS. The OCPS shall receive a pro-rated rebate of unused funds
and compensation will be recalculated from that time forward based upon the hourly rate for
non-SROs.
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 OCPS and the SROs and non-SROs will not
participate in screening or searching any student, OCPS employee, or any other person as part
of OCPS'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 must provide a minimum of
two(2)business days'notice to the Law Enforcement Agency management staff.
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F. In the event the Law Enforcement Agency notifies OCPS that the Agency cannot temporarily
re-assign an SRO or non-SRO to another school for the weapons screening program, OCPS
will, upon notice to the Agency, determine whether OCPS will operate the weapons screening
with just the assigned SRO or if OCPS will 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 OCPS 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 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 OCPS-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 OCPS.
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 OCPS 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 the immediate safety of students or personnel,
or on the next business day if there is no immediate threat.
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F. Behavior that could be defined as a "petty act of misconduct" under Section 1006.13(c),
Florida Statutes, will 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. OCPS 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, 2018,through June 30, 2019.
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. 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.
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F. All concerns and conflicts regarding SROs and OCPS 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 OCPS. 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 2019 in preparation for the 2019-2020 school years, with the intent of having a
finalized agreement on or about July 1, 2019. Each party will assign personnel to their
respective team that have the ability to negotiate on behalf of their organization.
I. In the event OCPS 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. OCPS 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. OCPS 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 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 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. OCPS 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. OCPS
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. OCPS will provide the Agency with the radio frequencies utilized by OCPS, and provide
assistance to permit law enforcement to monitor those frequencies in an emergency.
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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:
William E. Sublette, Chairman
BY:
Barbara M. Jenkins, 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 ,2018.
BY:
Jared Brooks, Staff Attorney
t
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CITY OF OCOEE, a Florida municipal
corporation
By:
Rusty Johnson, Mayor
Attest:
Melanie Sibbitt, City Clerk
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE,FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this_day of
2018.
SHUFFIELD LOWMAN&WILSON,P.A.
By:
City Attorney
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON ,2018, UNDER
AGENDA ITEM NO.
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Ocoee Police Department"Exhibit A" 2018-2019 School Year
School School# Level Officers Amount NTE*
1 Citrus ES 216 E 1 45,000.00
3 Spring Lake ES 841 E 1 72,050.00
4 Thornbrook ES 235 E OCPS PD 0.00
5 Westbrooke ES 1562 E OCPS PD 0.00
6 Ocoee MS and Ocoee ES 342 & 1531 K-8 1 45,000.00
7 Ocoee HS 252 H 2 90,000.00
Total 5 252,050.00
No. of Elementary Schools 2
No. of K-8 Schools 1
No. of Middle Schools 0
No. of High Schools 1
No. of ESE Schools 0
F
Total No. of Schools 4
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Ocoee Police Department
"Exhibit B"
2018-2019 School Year
Supervisors #Officers Supervised Amount
1 Sergeant 5 $ 33,750.00
TOTAL $ 33,750.00