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HomeMy WebLinkAbout2023 ContractAGREEMENT BETWEEN THE SCHOOL BOARD OF INDIAN RIVER COUNTY, FLORIDA AND CITY COUNCIL OF THE CITY OF SEBASTIAN FOR THE SCHOOL RESOURCE OFFICER (SRO) PROGRAM THIS AGREEMENT, made and entered into by and between the SCHOOL BOARD OF INDIAN RIVER COUNTY, FLORIDA, (hereinafter referred to as the SCHOOL BOARD), and THE CITY COUNCIL OF THE CITY OF SEBASTIAN, (hereinafter referred to as the CITY): WITNESSETH: A. The School Board and the City desire to provide law enforcement services 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 School Board and School District Superintendent 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 School Board, 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 three (3) years, with the option to renew the Agreement for additional three (3) years periods upon mutual agreement of the parties. NOW THEREFORE , in consideration of the mutual promises and covenants herein contained, the School Board and the City hereby agree as follows: ARTICLE I A School Resource Officer (SRO) Program is hereby continued within the school system of Indian River County, Florida, for twelve months per year. ARTICLE II Rights and Duties of the City The City shall provide School Resource Officers as follows: A. Number of School Resource Officers: The City shall assign one regularly employed SRO to each of the following schools: 1. Pelican Island Elementary School 2. Sebastian Elementary School B. Regular Duty Hours of School Resource Officers: The SROs 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 School Board. The SRO may be temporarily reassigned by the City or designee during school holidays, vacations or during a period of any law enforcement emergency or state of emergency, whether local, state or national. The SRO shall notify the Principal or Principal's designee when arriving or departing campus. C. Duties of School Resource Officers as defined m Section 1006.12, Florida Statutes are: 1. The primary function of the School Resource Office is to serve as a law enforcement officer and ensure the safety and security of students, teachers, staff and other individuals on the campus to which the SRO is assigned. 2. The School Resource Officers shall abide by school board policies and shall consult with and advise the District 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. 3. To perform law enforcement functions within the school setting. 4. To identify and prevent, through counseling and referral, delinquent behavior, including substance abuse and standard protocols as required by Florida Statutes. 5. To foster a better understanding of the law enforcement function. 6. To develop positive concepts of law enforcement. 7. To provide information about crime prevention . 8. To provide assistance and support for crime victims identified within the school setting, including abused children. 9. To promote positive relations between students and law enforcement officers. 10. To enhance knowledge of the fundamental concepts and structure of law. 11. Consistent with the provisions of F.S.S. 1006.07, the SRO shall participate in hostage and active assailant situation drills as often as other emergency drills as required by Florida law in consultation with the School District and School Administration staff. 12. Consistent with the provisions of F.S.S. 1006.07, the SRO shall be a member of the Threat Assessment Team at the school to which the SRO is assigned and shall meet regularly with the School Threat Assessment Team in a proactive manner to consider behavioral indicators of individuals who may pose a threat to the safety and well-being of students, faculty and staff. 13. 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 borne by the District where appropriate. 14. 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 School Board all original and any copies of the confidential student information and shall not retain any confidential student information. As City will be receiving student information that is otherwise confidential, 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, City for itself, and its officers, employees, agents, representatives, contractors, and subcontractors, shall indemnify and hold the School Board and its officers and employees harmless for the City's own negligence, including, but not limited to defending the School Board and its officers and employees against any complaint, administrative or judicial proceeding, payment of any penalty imposed upon the School Board, or payment of any and all costs, damages, judgments, or losses incurred by or imposed upon the School Board 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. 15. 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. 16. 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. 17. 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. 18. 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. 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 SOPs in place. 19. 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.). 20.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. 21. 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 shall consult with the SRO to 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. 22. The SRO will perform duties outside the school as needed (i.e., court, training, depositions, vacation, etc.). 23. The SRO will perform his/her duties in their police department duty uniform. Appropriate civilian clothes may be worn with the approval of the unit supervisor. 24.All law infractions will be reported to the school's resource officer by all school personnel. 25. 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 School Board 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 School Board The School Board shall provide 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. 1. 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. 3. Desk and chair. 4. 4-drawer legal locking file cabinet. 5. 6-shelf bookshelf. 6. 2 visitor chairs for counseling and interviews. 7. 1 worktable. 8. Office supplies as requested. 9. Phone with local and long-distance calling capability. 10. School District email address. 11.1 large dry erase board. 12. Secretarial assistance. 13.It is imperative that SROs 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 School Board and the City agree to share in the overall costs associated with the School Resource Officer Program. The School Board agrees to provide for 50% of the salaries and benefits of the SROs. 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 School Board. The School Board 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 Indian River County School District 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 District 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.I 006.12, 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. 1. Upon receipt of such recommendation from the Superintendent or designee, the Chief of Police and the Superintendent, 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 District. 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 City's 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. SROs 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 School Board, the parties shall ensure that the details are first filled by SROs. If a sufficient number of SROs are unavailable or, if the need for extra -duty officers exceeds the number of SROs, then other police officers shall be authorized to work the detail. D. SROs shall also be present for summer school programs as mutually agreed upon by the City and the Superintendent 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 SCHOOL BOARD'S CUSTODIAN OF RECORDS: Sara Milliman, 772-564- 3074, sara.milliman@indianriverschools.org, 6500 57th Street, Vero Beach, Florida 32967. 1. 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 School Board acknowledges its legal obligation to comply with § 119.0701, Florida Statutes. 2. The City and the School Board shall keep and maintain public records, as that phrase is defined in the Florida Public Records Act, required by the School Board in order to perform the scope of services. 3. Upon request by the City or the School Board, 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 School Board 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 School Board as indicated below. 5. The City and the School Board shall comply with all requirements for retaining public records and shall keep and maintain all such public records required by the School Board to perform the scope of services. Upon request by the City or School Board, all public records stored electronically must be provided in a format that is compatible with the information technology systems of the City or School Board. 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 School Board 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 School Board'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 School Board 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 Hold Harmless Agreement To the limits and extent set forth in section 768.28, Florida Statutes, and without waiving or increasing the limits and protections of sovereign immunity as set forth in section 768.28, Florida Statutes, the City agrees to defend, indemnify, and hold the School Board, its employees, and agents harmless against any and all claims, liabilities, losses, damage, or causes of action which may arise from any negligent act of the City, its agents, or officers in connection with the performance by the SROs of law enforcement duties. ARTICLE XII Good Faith The School Board, 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 Superintendent's Office and the Chief of Police's Office. ARTICLE XIII 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 School Board 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 sovereign 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. ARTICLE XVII Gun Safes A. The City has provided two (2) gun safes for the schools being served by the Parties' SRO program. Said gun safes will or have been permanently installed in the designated office at each school for the assigned School Resource Officer, which offices are provided pursuant to the terms of the SRO Program Agreement. The make/model of the gun safes shall be selected by the City. B. Access to all SRO offices with gun safes will be primarily limited to the school Principal and assigned SRO, all of whom will have a key to these SRO offices for emergency and facility maintenance purposes. The school Principal has the discretion to allow access to these SRO offices for other school staff, including maintenance to address building maintenance needs. Custodial staff will not have access to these SRO offices. Rather, the assigned SRO will be responsible for depositing trash from the SRO office in a receptacle in the school. Each SRO office will have a lock as selected by School Board to limit access to said office. C. City, in cooperation with School Board maintenance staff, will be responsible for properly installing said gun safes in SRO offices as needed. City is responsible for maintaining the gun safes and for ensuring that said gun safes are in proper working order at all times, including all costs associated with said maintenance School Board has no responsibility to maintain said gun safes. D. City shall have the sole and exclusive responsibility for ensuring that all items stcred in the gun safes are properly stored, that the gun safes are properly locked, and bears sole and exclusive responsibility for any and all claims which may arise from the improper storage of guns, rifles, other weapons, tools, and/or ammunition in said gun safes. City further agrees to bear the risk of loss in the event that any stored items are removed , taken, or stolen from the gun safes, and will not seek to hold School Board or its employees financially responsible for any risk of loss of any stored items. In the event of a state of emergency, items may be stored in the gun safe overnight while the School Board buildings are being used as emergency shelters. E. No guns, rifles, other weapons and/or ammunition will be stored in these gun safes in School Board buildings overnight. Each morning, the assigned SRO will carry the guns, rifles, other weapons and/or ammunition for use during the school day in a City -approved carrying case and will remove these items from School Board buildings at the conclusion of each school day using their City -approved carrying case. F. The gun safes shall be wholly owned by City at all times, and upon termination of this Agreement for any reason, City shall promptly remove all gun safes from School Board buildings. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized officers. igned, sealed, and delivered in the r n e of: Witness "7 ,S Dad i ess Jeanette Williams City Clerk June 14, 2023 Date THE SCHOOL BOARD OF INDIAN RIVER COUNTY, FLORIDA Dr. egg ones Attest: David K'Poor Ed. D, Superin ndent Date CITY COUNCIL OF THE CITY OF SEBASTIAN Mayor Frederick B. Jones Date June 14, 2023