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1990-17 School Officer Resource Agreement RESOLUTION NO. 90 - 17 A RESOLUTION OF THE CIT'i COMMISSION OF THE CIT'i OF PARKLAND. FLORIDA, AU'nIORIZING THE CIT'i OFFICIALS TO ENTER INTO AN AGREEMENT BE11rl'ail'f THE CIT'i OF PARKLAND AND THE SCHOOL BOARD OF BROWARD COUNT'{. FLORIDA TO ESTABLISH A SCHOOL RESOURCE OFFICER PROGRAM WHICH PLACES POLICE OFFICERS IN PUBLIC SCHOOLS TO ASSIST IN THE PREVENTION OF JUVENILE DELINQUENCY. WHEREAS. the City Commission of the City of Parkland finds and determines that it is in the best interest of the citizens of the City to enter into the attached Agreement between the City of Parkland and The School Board of Broward County to establish a School Resource Officer Program which places police officers in publiC schools to assist in the prevention of juvenile delinquency: NOW. THEREFORE. BE IT RESOLVED BY THE CIT'i COMMISSION OF THE CIT'i OF PARKLAND. FLORIDA. that: Section 1: The appropriate City officials are hereby authorized to execute the attached Agreement between the City of Parkland and The School Board of Broward County. Section 2: That this Resolution shall be in full force and effect immediately upon its passage and adoption. June PASSED AND ADOPTED THIS ~ DAY OF . 1990. <; /2' /- ._, ~~t'A~ L~""'t ,4/Y.k~ t, c?-?"'"',.() SUSAN ARMSTRONG. City} Clerk "\ AGREEKENT THIS AGREEKENT (.Agr....nt.), mad. and ent.r.d into thi. 20 day of June 1990, by and b.twe.n the CITY OF PARKLAND Florida hereinaft.r r.ferr.d to a. CITY and THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA, (.BOARD.). WIT N E SSE T H: WHEREAS, the City ha. ..tabli.h.d a School R..ourc. Offic.r Program which plac.. police offic.r. in public .chool. to a..i.t in the pr.v.ntion of juv.nil. d.linqu.ncy through program. .p.cifically develop.d to r..pond to tho.. factor. and condition. which give ri.. to d.liqu.ncYI and WHEREAS, the Board de.ire. to have polic. offic.r. ..rv. a. .chool re.ource officers in ..v.ral .chool. located within the City of Parkland, Florida. NOW, THEREFORE, in con.id.ration of the mutual promi... contain.d h.rein, the parti.. agr.. a. follows: 1. GENERAL TERKS AND CONDITIONS. 1.1 City .hall provide On. (1) police offic.r and .hall a..ign one offic.r to the following .chool op.rat.d by the Board. Karjory Ston.man Dougla. High -1- 1.2 Th. polic. offic.rs shall b. known as School R.sourc. Offic.rs and will provide instruction in the various asp.cts of law .nforc...nt and law .ducation to stud.nts. The offic.rs shall b. available to and work cooperativ.ly with the school principals in providing t.chnical assistance in situations involving possible violations of stat. and local law or in any situation which .ay thr.aten the w.lfare and safety of students, staff or faculty. 1.3 Th. police offic.rs shall not function as a school disciplinarian, shall not int.rv.ne in the normal disciplinary actions of the school syste., nor be used to witn.ss any disciplinary procedures in the school. 1.4 City shall be r.sponsible for the control and dir.ction of all aspects of e.ployment of the police officers a.sign.d to the School Resourc. Officer Program. 1.5 City shall hold harmless Board for any injuries suff.red by police officers arising und.r their employment with the School Resource Officer Program. 1.6 City shall .nsure that the .x.rcis. of the law enforc.m.nt powers by the officer is in compliance with the authority granted by law. 1.7 Th. police offic.rs .ay b. chang.d during the course of the Agr....nt, but there shall b. at l.ast on. offic.r assign.d to and on duty at each school during the p.riod of this agr..m.nt. -2- 1.8 The Board shall maintain control over the content of the program and instructional materials. 1.9 The Board will work coop~ratively with the City in the operation of the School Resource Officer Program, will designate the principal of each participating school as the contact person for the program. 2. PAYMENT FOR SERVICES RENDERED BY POLICE OFFICERS. 2.1 Board shall pay to City the sum of $10,000. for the School Resource Officer Program. Beginning in September 1990, payments shall be made in ten installments upon the submission of monthly invoices by the City and certification by the principal or his/her designee that the services rendered were satisfactory. The monthly payments of one thousand dollars ($1,000.) shall be made within thirty days of receipt of the invoice. 3. TERM. 3.1 This agreement shall be for a 10 month term beginning the 21st day of August 1990, through the 14th day of .June 1991. 3.2 This agreement shall continue in effect until the duration of the term described in paragraph 3.1 hereto ~.until terminated by either of the parties in accordance with the term hereof; provided, however, that (a) the parties hereto shall serve written notice of the intent to terminate this Agreement at least thirty (30) days in advance of the date of termination. -3- 4. SUMMER SCHOOL 4.1 In the event the School Board provides summer school at any middle or high school within the municipal boundaries of The City during the summer of 1991, the city if requested in writing by June 1, 1991 by the principal of those schools having summer school, may at its discretion provide a school resource officer for those schools during the six week summer session. 4.2 The compensation for School Resource Officers during the 1991 summer school period shall be determined by the number of contracted service hours provided by the city at $6.80 per hour. 5. INDEMNIFICATION. Board agrees to indemnify and hold harmless the City, its officers, agents and employees against any loss, damage or expense (including all costs and reasonable attorney's fees) suffered by City from (a) any breach by Board of this Agreement, and (b) any inaccuracy in or breach of any of the representations, warranties or covenants made by board herein, and (c) any claims, suits, actions, damages or causes of action arising as a result of this Agreement for any personal injury, loss of life or damage to property sustained by reason or as a result of police officers employment in the School Resource Officer Program, except as provided for under paragraph 1.5 herein. Nothing in this Agreement shall be construed to affect in any way the City or the Board's rights, privileges, and immunities, including sovereign immunity as provided by law as set forth in Florida Statutes #768.28. -4- 6. EXPENSES OF TRANSACTION. Each o~ ~h. par~ies her.~o shall pay ~h. ~.es and .xpens.s o~ i~s own a~~orn.ys, accoun~an~. and o~h.r advisor. which ar. incurred in conn.c~ion wi~h ~hi. Agreemen~ and ~he ~ransac~ion. con~..pla~.d h.rein. 7. NOTICES. Any notic.. or o~her communication. requir.d or p.rmit~ed by ~he ~.r.. h.reo~ shall be: (a) in wri~ingJ (b) d....d .~~.c~iv.ly d.liv.r.d, i~ delivered personally or i~ mailed, upon deposit in the mail a.r.gi.~ered .ail wi~h return r.c.ip~ r.qu.sted and pos~ag. paidJ and (c) i~ ~o the City, addressed ~o ~he Ci~y, Chie~ Ronald W. Bailey Parkland Public Sa~e~y 6500 Park. ide Driv. Parkland, Florida 33067 or ~o the School Board o~ Broward County, Florida, Eile.n Schwartz Chairp.rson, 1320 Sou~hw..~ Four~h Stre.~, For~ Lauderdale, Fl. 33312. 8. NON-ASSIGNABILITY. N.i~her par~ ~o ~he Agr.ement shall, directly or indirec~ly a..ign or purport ~o as.ign this Agr.emen~ or any o~ its righ~s or obligations in whole or in par~ ~o any third party wi~hout ~h. prior wri~ten consent o~ the other. -5- 9. INVALID PROVISION. Should any part of this Agr.ement be d.clared invalid by a court of law, such decision shall not affect the va~idity of any remaining portion which shall remain in full forc. and effect as if the invalid portion was nev.r . part of this Agreem.nt when it wa. .xecuted. Should the sev.rance of any part of this Agreem.nt materially aff.ct any other rights or obligations of the parties h.r.under, the partie. hereto will negotiate in good faith to amm.nd this Agre.m.nt in a mann.r satisfactory to the parti... F.iling .gr....nt on such .mendm.nt, either party may by notic. in writing terminate this Agreement forthwith subj.ct to the provisions of this Agreement relating to termination. 10. NO WAIVER. The failure of either party to enforce at any time any of the provisions of this Agreement, or any rights in respect thereto, or to exerci.e any .lections her.in provided, shall in no way b. consid.red to be a waiver of such provisions, rights or el.ctions or in any way effect the validity of the Agreement. The failure to .xercise by either party any of its rights herein or any of its elections under the terms or conditions herein contained shall not preclude or prejudice it from exercising the sa.e or any other right it may have under this Agreement, irrespective of any previous action or proc.eding taken by it hereunder. -6- 11. COKPLETE AGREEKENT. This Agr....nt is the co.pl.te agreement of the parties; may be amended or modified only in writing; and .upers.ded, cancels and t.rminates any and all prior agreement. or understandings of the parties, whether written or oral, concerning the subject matter her.of. 12. CHOICE OF LAW. This Agreement shall be governed by and construed and int.rpreted according to the laws of the State of Florida. It shall be binding upon and inure to the benefit of the succe.sors of the City and Board. -7- IN WITNESS WHEREOF, the partie. hereto have duly executed this Agreement a. of the day and year first above written. WITNESSES: CITY OF PARKLAND a municpal corporation of the :::~.:J?r1;:'::;/~; /d MAYOR ~~i . (l[tdfj //lfFI.X~/L A. to WCityW ATTEST :~~~q-rt-C2 ~" CITY CLERK ",1 THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA BY: . ~~ LEEN SCJJ'fARTZ HAIRPERS'oN As to wBoardw tl:LII?7lf) - AN -8-