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1991-28 School Officer Resource AgreementRESOLUTION 91 — 28 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, AUTHORIZING THE CITY OFFICIALS TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF PARKLAND AND THE SCHOOL BOARD OF BROWARD COUNTY FOR THE CONTINUATION OF THE 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 continue the 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 CITY COMMISSION OF THE CITY 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. This Resolution shall be in full force and effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 17 DAY OF July -u.� t. SUSAN ARMSTRO G. CITYK 1991. SA PAGLIARA, Resol. 91-28 AGREEMENT This AGREEMENT ("Agreement" ), made and entered into the 17 day of July , 1991 by and between: CITY OF PARKLAND, Florida a municipal corporation (hereinafter referred to as 'CIT?' ) AND THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA 1320 Southwest Fourth Street Fort Lauderdale, Florida 33312 (hereinafter referred to as 'BOARD") WITNESSETH: WHEREAS, the BOARD has established a School Resource Officer Program, (hereinafter referred to as 'SRO Program') pursuant to Section 230.2318, Florida Statutes; and WHEREAS, the BOARD desires CITY to have police officers serve as School Resource Officers in several schools located within the City of PARKLAND, Florida; and WHEREAS, the CITY and the BOARD understand that the Program is established for the purposes set forth in Section 2302318, Florida Statutes; including assistance in the prevention of juvenile delinquency through programs specifically developed to respond to those factors and conditions which give rise to delinquency; and WHEREAS, the CITY and the BOARD realize the SRO Program is a great benefit to school administration, students and the community as a whole. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1.0 GENERAL fElUMS AND CONDITIONS Section 1. DUTIES AND RESPONSIBILITIES OF CITY 1. CITY shall provide a minimum of one (1) police officer assigned as a School Resource Officer, ( hereinafter referred to as'SRO') to the following school operated by the BOARD. MARJORY STONEMAN DOUGLAS HIGH 1 •Resol. 91-28 1.2 School Resouroe Officer shall abide by School Board Policies, as they relate to School Resource Officers, the School Resource Officer Standard Operating Procedure manual and Florida Statute 230.2318. The SRO shall consult and coordinate activities through the principaL Activities conducted by the School Resource Officer which are part of the regular lar instruction program of the school shall be under the direction of the principaL The Board shall maintain control over the content of educational programs and instructional materials. 1.2 (a) The SRO will provide to students instruction in various aspects of law enforcement and education. 1.3 CITY shall be responsdrle for the control and direction of all aspects of employment of the police officer assigned to the SRO Program. 1.4 CITY shall ensure that the exercise of the law enforcement powers by the SRO is in compliance with the authority granted by law. 1.5 CITY shall hold harmless the BOARD for any injuries suffered by the SRO arising under their employment with the SRO Program 1.6 The SRO shall not function as a school disciplinarian, shall not intervene in the normal disciplinary actions of the school system, nor be used to witness any disciplinary procedures in the schooL 1.7 The principal at the designated school shall be the on-site contact person for the SRO. The Superintendent of Schools shall designate the School Resource Officer Coordinator to serve as the county liaison for the program The Superintendent of Schools shall notify the CITY, in writing of this designated representative within (3) calendar days of the execution of this agreement. 1.8 The SRO shall be on duty at the school during the term of this agreement. The police officer may be changed during the course of the agreement by the CITY, however, there shall be at least one officer assigned. The SRO shall be on duty at the school during regular school hours when students are required to attend and when the required SRO training programs are conducted, unless Police Department emergency needs or law enforcement requirements prohibit. A replacement police officer shall be assigned, on a temporary basis, if the absence of the existing officer is approved by the City and shall exceed two (2) days. 1.9 The SRO shall not be required to attend extracurricular activities which are held beyond his/her regular work day. 2.0 PAYMENT FOR SERVICES RENDERED BY POLICE OFFICERS 2.1 Board shall pay to CITY the sum of ten thousand dollars ($10,000.00) per officer for the School Resource Officer Program. Beginning in September, 1991, 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 ($1,000.00) shall be made within thirty days of receipt of the invoice. 2 Resol. 91-28 3.0 TERM 3.1 This agreement shall be made for a 10•month term beginning the 22nd day of August 1991, through the 12th day of June 1992. 3.2 This agreement shall continue in effect until the duration of the term described in paragraph 3.1 or until terminated by either of the parties in accordance with the terms listed in Section 4 below. 4.0 TERMINATION Either party may terminate this agreement by serving written notice upon the other party at least thirty (30) days in advance of such termination. 5.0 SUMMER SCHOOL 5.1 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 1992, the City if requested in writing by June 1,1992 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. 5.2 The compensation for School Resource Officers during the 1992 summer school period shall be determined by the number of contracted service hours provided by the City at $6.80 per hour. 6.0 INVALID PROVISION Should any part of this Agreement be declared invalid by a court of law, such decision shall not affect the validity of any remaining portion which shall remain in full force and effect as if the invalid portion was never a part of this Agreement when it was executed. Should the severance of any part of this Agreement materially affect any other rights or obligations of the parties hereunder, the parties hereto will negotiate in good faith to amend this Agreement in a manner satisfactory to the parties Failing agreement on such amendment, either party may by notice in writing, terminate this Agreement forthwith subject to the provisions of this Agreement relating to termination. 7.0 INDEMNIFICATION The BOARD agrees to indemnify and save harmless the CITY for any liability whatsoever arising out of the negligent acts of the Board's employees or agents in directing the School Resource Officers in the performance of their instructional programs. The CITY agrees to indemnity and save harmless the School Board of any liability whatsoever arising out of the negligent acts of the School Resource Officer as it relates to employment as defined in Florida State Statute 230.2318. 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 State Statute 768.28. 3 Resol. 91-28 8.0 ASSIGNMENT Neither party to the Agreement shall, directly or indirectly, assign or purport to assign this Agreement or any of its rights or obligations in whole or in part to any third party without the prior written consent of the other party. 9.0 NO WAIVER The failure of either party to enforce at any time any of the provisions, rights, or elections or in any way effect the validity of this Agreement. The failure to exercise 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 same or any other right it may have under this Agreement, irrespective of any previous action or proceeding taken by it hereunder. 10.0 COMPLETE AGREEMENT This Agreement is the complete Agreement of the parties; may be amended or modified only in writing, and supersedes, cancels and terminates any and all prior agreements or understandings of the parties, whether written or oral, concerning the subject matter hereof 11.0 CHOICE OF LAW This Agreement shall be governed by and construed and interpreted according to the laws of the State of Florida It shall be binding upon and inure to the benefit of the successors of the CITY and Board. 4 Resol. 91-28 ADDENDUM TO SCHOOL RESOURCE OFFICER AGREEMENT Dated this 17 day of July , 19 91 the terms and conditions of the original Agreement, attached hereto is binding. The following are the schools and a listing of the number of Resource Officers assigned to each specific site. No changes, amendments, additions or deletions are permitted to this document without the frill document being changed by both parties. SCHOOLS NUMBER OF OFFICERS MARJORY STONEMAN DOUGLAS HIGH ONE 5 THE SCHOOL BOARD OF BROWARD COUNTY, FLOR)jLjA BY: Resol. 91-28 IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the day and the year first above written. WITNESSES: APPROVED: As to 'Board" 6 CITY OF PARKLAND a municipal corporation of the State of Florida BY: O� ATTESTN, .,-, „ CITY CLERK THE SCHOOL BOARD OF BROWARD COUNTY, FLORID BY: