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HomeMy WebLinkAbout2020 AgreementAGREEMENT BETWEEN THE SEBASTIAN CHARTER JUNIOR HIGH, INC. OF SEBASTIAN, FLORIDA AND CITY COUNCIL OF THE CITY OF SEBASTIAN FOR THE SCHOOL RESOURCE OFFICER PROGRAM (SRO) THIS AGREEMENT, made and entered into this 31st day of July , 2020, by and between the SEBASTIAN CHARTER JUNIOR HIGH, INC. OF SEBASTIAN, FLORIDA, (hereinafter referred to as the CHARTER SCHOOL, and THE CITY COUNCIL OF THE CITY OF SEBASTIAN, (hereinafter referred to as the CITY); WITNESSETH: A. The Charter School and the City desire to provide law enforcement, counseling, and law -related educational service programs to the schools of Indian River County as defined in F.S.S. 1006.12. B. The provisions of F.S.S. 1006.12 require the Charter School and Principal to assign one or more safe -school officers at each school facility within the district. C. It is mutually agreed that a continuation of the School Resource Officer Program is in the best interests of the student population, the Charter School, the City, and the citizens of Indian River County. D. The parties agree that the term of this Agreement shall be for a period of one (1) year, with the option to renew the Agreement for an additional one (1) year period upon mutual agreement of the parties. NOW THEREFORE, in consideration of the mutual promises and covenants herein contained, the Charter School and the City hereby agree as follows: ARTICLE I A School Resource Officer (SRO) Program is hereby continued with the Sebastian Charter Junior High School of Sebastian, Florida, for twelve months per year. ARTICLE 11 Rights and Duties of the City The City shall provide School Resource Officers as follows: A. Number of School Resource Officers: 1. The City shall assign one regularly employed SRO to the following school: a. Sebastian Charter Junior High School B. Regular Duty Hours of School Resource Officers: The SRO's shall be assigned to a school on a full-time basis of eight (8) hours on those days and during those hours that school is in session. This includes designated summer school days and hours as mutually agreed upon by the City and Charter School. The SRO may be temporarily reassigned by the City or designee during school holidays, vacations or during a period of any law enforcement emergency. The SRO shall notify the Principal or Principal's designee when arriving or departing campus. C. Duties of School Resource Officers as defined in Section 1006.12, Florida Statutes are: 1. The School Resource Officers shall abide by Charter School policies and shall consult with and advise the Charter School of any conflicts between their policies and the Cities Standard Operating Procedures (SOP's) through the school principal or his/her designee. The SRO shall be responsible to the law enforcement agency in all matters relating to employment. Activities conducted by the School Resource Officer, which are part of the regular instructional program of the school, shall be under the direction of the principal or his/her designee. 2. To perform law enforcement functions within the school setting. 3. To identify and prevent, through counseling and referral, delinquent behavior, including substance abuse and standard protocols as required by Florida Statutes. 4. To foster a better understanding of the law enforcement function. 5. To develop positive concepts of law enforcement. 6. To provide information about crime prevention. 2 7. To provide assistance and support for crime victims identified within the school setting, including abused children. 8. To promote positive relations between students and law enforcement officers. 9. To enhance knowledge of the fundamental concepts and structure of law. 10. When requested by the principal or his/her designee, the SRO may attend any school -related activity (i.e., faculty, parent meetings, special functions, etc.). The duty must be approved by the unit supervisor, if it is overtime, the cost of the overtime shall be home by the Charter School where appropriate. 11. The SRO shall make himself/herself available for conferences with students, parents, and faculty members in order to assist them with problems. When in a counseling capacity, the SRO will be subject to all confidentiality issues and confidentiality rules and ethics as accepted and defined in State laws and professional standards. City acknowledges and agrees that it will not disclose confidential student information to any other person or entity, and will only use the confidential student information for the purposes of this Agreement and for no other purpose unless otherwise required by State and Federal law. Upon the completion of the non -law enforcement SRO services, City shall return to Charter School all original and any copies of the confidential student information, and shall not retain any confidential student information. As the City will be receiving student information that is otherwise confidential, the City shall fully comply with the requirements of § 1002.22 and § 1002.221, Florida Statutes, and any other law or regulation, either federal or State of Florida, regarding confidentiality of student information and records unless otherwise required by law. Further, notwithstanding any other provision in this Agreement to the contrary, the City for itself, and its officers, employees, agents, representatives, contractors, and subcontractors, shall indemnify and hold the Charter School and its officers and employees harmless for the City's own negligence, including, but not limited to defending the Charter School and its officers and employees against any complaint, administrative or judicial proceeding, payment of any penalty imposed upon the Charter School, or payment of any and all costs, damages, judgments, or losses incurred by or imposed upon the Charter School arising out of the negligence by the City, or its officers, employees, agents, representatives, contractors, and subcontractors, , or a negligent violation of § 1002.22 or § 1002.221, Florida Statutes that is not permissible by law. This provision shall survive the termination of or completion of all obligations under this Agreement and shall be fully binding upon City until such time as any proceeding which may be brought on account of this provision is barred by any applicable statute of limitations. 12. The SRO shall become familiar with all community agencies, which offer assistance to youths and their families, such as mental health clinics, drug treatment centers, etc. The SRO may make referrals to such agencies, when necessary and appropriate in their sole discretion, thereby acting as a resource person to the students, faculty, and staff of the school. The discretion regarding the method of reporting of an event is the sole discretion of the Officer and the requirements of all State and Federal laws as amended from time to time. 13. The SRO shall assist the principal or his/her designee in developing plans and strategies to prevent and/or minimize dangerous situations, which may result from student unrest and emergency situations. 14. Should it become necessary to conduct formal law enforcement investigative interviews with the students, the SRO shall adhere to rules and guidelines set forth in the Florida State Statutes and Federal law. 15. The SRO shall take law enforcement action as required. As soon as practical, the SRO shall make the principal or his/her designee aware of such action. At the Principal or Principal designee's request, the SRO shall take appropriate law enforcement action against intruders and unwanted guests who may appear at the school or related school functions following the City's SOP's in place. 16. The primary function of the SRO is a campus Law Enforcement Officer. The SRO shall give assistance to other police and deputy sheriffs in matters regarding his school assignment, whenever necessary. The SRO will also act, when necessary, as a liaison between his/her school and other government agencies (i.e., law enforcement, DCF, State's Attorney, etc.). 17. The SRO will submit reports and statistical data, as necessary, to include police department generated reports, to include an Agency Case Number, regarding any on -campus incidents for which an SRO or other police officer prepares reports and documents as allowed by State law. 18. The SRO shall not act as a school disciplinarian, as disciplining students is a school responsibility. However, if the principal or his/her designee believes an incident is a violation of the law, the principal or designee may contact the SRO and the SRO shall then determine whether law enforcement action is appropriate. School Resource Officers are not to be assigned lunchroom duties, security posts, hall monitors, truancy, or other monitoring duties. If there is a problem area, the SRO may assist the school until the problem is solved. 19. The SRO will perform duties outside the school as needed (i.e., court, training, depositions, vacation, etc.). 20. The SRO will perform his/her duties in their police department duty uniform. Appropriate civilian clothes may be wom with the approval of the unit supervisor. 21. All law infractions will be reported to the school's resource officer by all school personnel. 22. The SRO will be involved in summer activity to include, but not be limited to, juvenile case management, gang resistance education training, cyber-safety training, school safety, participation in the Explorer program, and participation in relevant summer camps. D. The City and each SRO shall only use the information made accessible to him or her by the Charter School in furtherance of this Agreement, and only for the purposes for which the disclosure was made or as may otherwise be required by law. The City acknowledges and agrees that each SRO will have access to Personally Identifiable Information and Education Records pursuant to section 1002.221, Florida Statutes, 20 U.S.C. 1232g, and the federal regulations issued thereto, and that the SROs shall not disclose such information to any other party unless specifically authorized or required by law. ARTICLE III Rights and Duties of the Charter School The Charter School shall make available to the full-time SRO the following materials and facilities which are deemed necessary for the performance of their duties. A. A secure and private office located as close to the principal's or designee's office as possible. The SRO will be the only one assigned to the office due to the sensitive and confidential information maintained within. The office will be voice secure for purposes of interviews and counseling. The office will contain the following materials and equipment. Air conditioning. 2. Computer with Internet access and VPN, or other connection type, required to connect to the City's network and access software programs and network resources. 1 Desk and chair. 4. 4-drawer legal locking file cabinet. 5. 6-shelf book shelf. 6. 2 visitor chairs for counseling and interviews. 7. 1 work table. S. Office supplies as requested. 9. Phone with local and long distance calling capability. 10. Charter School email address. 11. 1 large dry erase board. 12. Secretarial assistance. 13. It is imperative that SRO's be able to communicate with school personnel on their radio frequencies. If the SRO's primary school is utilizing a frequency band not compatible with the SRO's issued radio, the school will provide the SRO with a radio. ARTICLE IV Financing of the School Resource Officer Program A. The Charter School and the City agree to share in the overall costs associated with the School Resource Officer Program. The Charter School agrees to provide for 50% of the salaries and benefits of the SRO's. Notwithstanding the foregoing, the amount funded by the City for the overall costs of the School Resource Officer Program will be negotiated each year of this Agreement. This does not affect or guide any negotiations the City has regarding its Collective Bargaining unit and those negotiations shall have precedence. B. Any vehicle or equipment leased, rented, or donated to the City for use in the SRO Program shall become an asset of the City and; therefore, will be subject to City rules, regulations, and policy governing use. C. The City in its sole discretion shall provide the appropriate vehicle and equipment to conduct the duties of the SRO. ARTICLE V Employment Status of School Resource Officer School Resource Officers shall remain employees of the City and shall not be employees of the Charter School. The Charter School and the City acknowledge that the School Resource Officers shall remain responsive to the chain of command of the City. ARTICLE VI Appointment and Training of School Resource Officers A. Appointment of School Resource Officers will be made solely by the City in accordance with City's policy. B. School Resource Officers will receive training in the following schools: 1. Basic SRO Program. 2. Crisis Intervention Training (CIT) 3. The Sebastian Charter Junior High, Inc. should make a reasonable effort to secure state funding for the annual FASRO (Florida Association of School Resource Officer's) Conference or other SRO Training Programs. If such funding is not available, the expense incurred will be mutually agreed upon by the two entities providing the budget appropriations are available (lodging, food, registration and travel). Expenses to the Charter School shall not exceed a total of $1,000.00 annually for this conference. ARTICLE VII Dismissal of School Resource Officer, Replacement A. In the event the principal of the school, to which the SRO is assigned, feels that the particular SRO is not effectively performing his or her duties and responsibilities, as outlined in F.S.S. 1006.12, the principal shall recommend to the Superintendent who may recommend to the Chief of Police, or designee, that the SRO be removed and shall state the reasons in writing. Upon receipt of such recommendation from the Principal or designee, the Chief of Police and the Principal, or their designees shall meet with the SRO and his immediate supervisors to mediate or resolve any problems, which may exist. At such meeting, specified members of the staff of the school, to which SRO is assigned, may be required to be present. 2. If, within a reasonable amount of time after commencement of such mediation, the problem cannot be resolved or mediated, then the SRO shall be removed from the program at the school and a replacement shall be obtained at the sole discretion of the City through consultation with the Charter School. 3. In the event mediation is not sought by the Chief of Police, then the SRO shall be removed from the program at the school and a replacement shall be obtained. B. The City may dismiss or reassign an SRO based upon the Cities rules and regulations. C. In the event of the resignation, dismissal, or reassignment of a SRO, or in the case of long-term absences by a SRO, the City will provide a temporary or permanent SRO. ARTICLE VIII SRO Schedule A. SRO's will be assigned to each school designated in Article II from the beginning of the school year to the end of the school year. B. The SRO will perform his/her duties at his/her assigned campus under normal conditions. Any duty must be approved by the unit supervisor, if it is overtime. C. When extra -duty details are required by the Charter School, the parties shall ensure that the details are first filled by SRO's. If a sufficient number of SRO's are unavailable or, if the need for extra -duty officers exceeds the number of SRO's, then other police officers shall be authorized to work the detail. D. SRO's shall also be present for summer school programs as mutually agreed upon by the City and the Principal or their designees. ARTICLE IX IF THE CITY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CITY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE SEBASTIAN CHARTER JUNIOR HIGH SCHOOL BOARD'S CUSTODIAN OF RECORDS: Dr. Bill Dodds, 772-388-8838, Bdodds(a.scih.oru, 782 Wave Street, Sebastian, Florida 32958. I. This Agreement is subject to and governed by the laws of the State of Florida, including without limitation Chapter 119, Florida Statutes, which generally makes public all records or other writings made by or received by the parties. The City and the Charter School acknowledges its legal obligation to comply with § 119.0701, Florida Statutes. 2. The City and the Charter School shall keep and maintain public records, as that phrase is defined in the Florida Public Records Act, required by the Charter School in order to perform the scope of services. 3. Upon request by the City or the Charter School, either party shall provide a copy of any and all requested public records or allow the requested public records to be inspected or copied, within a reasonable time, at a cost that does not exceed the cost allowed by law. 4. The City and the Charter School shall not disclose public records that are exempt, or confidential and exempt, from public records disclosure unless specifically authorized by law for the duration of the Agreement term and following completion of the Agreement if the City does not transfer the public records to the Charter School as indicated below. 5. The City and the Charter School shall comply with all requirements for retaining public records and shall keep and maintain all such public records required by the Charter School to perform the scope of services. Upon request by the City or Charter School , all public records stored electronically must be provided in a format that is compatible with the information technology systems of the City or Charter School. 6. Notwithstanding any other provision of this Agreement to the contrary, failure to comply with this requirement shall result in the immediate termination of the Agreement, without penalty to the City or the School Board. Further, the City and Charter School shall mutually and fully indemnify and hold harmless each other, their officers, agents and employees from any liability and/or damages, including attorney's fees through any appeals, resulting from the City's or Charter School's failure to comply with the requirements of Chapter 119, Florida Statutes. ARTICLE X Termination of Agreement This agreement may be terminated by either party upon a sixty (60) day written notice that any other party has failed to substantially perform in accordance with the terms and conditions of this Agreement, but subject to applicable law. This Agreement may be terminated without cause by either party upon a ninety (90) day written notice. Termination of the Agreement may only be accomplished as provided herein. In the event this Agreement is terminated, compensation will be made to the City for all services performed to the date of termination. The Charter School shall be entitled to prorated refund for that period of time when SRO services are not provided because of termination of this Agreement. ARTICLE XI Good Faith The Charter School, the City, their agents, and their employees agree to cooperate in good faith in fulfilling the terms of this Agreement. Unforeseen difficulties or questions will be resolved by negotiation between the Principal's Office and the Chief of Police's Office. ARTICLE XII Modification This document constitutes the full understanding of the parties and no terms, conditions, understandings or agreements purporting to modify or vary the terms of this document shall be binding unless hereafter made in writing and signed by the party to be charged. ARTICLE XIV Non -Assignment This Agreement, and each and every covenant herein, shall not be capable of assignment unless the express written consent of the Charter School and the City is obtained. ARTICLE XV Sovereign Immunity No Waiver of Sovereign Immunity. Nothing contained in this agreement is intended to serve as a waiver of sovereign immunity pursuant to Section 768.28, Florida Statutes, or any other governmental immunity by any entity or individual to which such immunity may be applicable. ARTICLE XVI Merger This Agreement constitutes a final written expression of all the terms of this Agreement and is a complete and exclusive statement of those terms. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized officers. [SIGNATURES TO FOLLOW ON NEXT PAGE] Signed, sealed, and delivered in the presence of: Witness 1 1-N �ZA� Date eanette WiflL, G.ty e Witness August 27, 2020 Date SEBASTIAN CHARTER JUNIOR HIGH, INC. OF SEBASTIAN, FLORIDA By: anov, I anov President of Board ( of Directors Attest: &ak VOJ{{+�- Dr. Bill Dodds, Principal 1115110 Date CITY COUNCIL OF THE CITY OF SEBASTIAN Ed Dodd Mayo August 27, 2020 Date