HomeMy WebLinkAbout1990-17 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.
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SUSAN ARMSTRONG. City} Clerk
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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
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AN
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