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1992-24 School Resource Officer RESOLUTIOR RO. 92 - 24 A RESOLU'lIOR OF 'lBE CI'lY COHKISSIOR OF 'lBE CITY OF PARItLARD, FLORIDA, AO'lHORIZIRG i'IIE CITY OFFICIALS TO EXECO'lE A1f AGREEMD'l BE'l'WED i'IIE CITY OF PARItLARD A1fD THE SCHOOL BOARD OF BROWARD COUR'l'Y FOR APPROVAL OF A SCHOOL RESOURCE OFFICER PROGRAM FOR MARJORIE S'lODMAJf DOUGLAS HIGH SCHOOL FOR 'lBE 1992-93 SCHOOL YEAR WHEREAS, the City Commission of the City of Parkland finds and determines that it is in the best interests of the citizens of the City to execute an Agreement between the City of Parkland and the School Board of Broward County for approval of a School Resource Officer Program for Marjorie Stoneman Douglas High School for the 1992-93 school year as described in the Agreement attached hereto and made a part hereof; ROW, 'lBEREFORE, BE IT RESOLVED BY 'lBE CI'l'Y COHKISSIOR OF 'lHE CI'lY OF PARKLARD, FLORIDA: Section 1. That the appropriate City officials are hereby authorized to execute an Agreement between the City of Parkland and School Board of Brovard County for a School Resource Officer Program for Marjorie Stoneman Douglas High School for the school year of 1992-93. Resolution Ro. 92-24 Section 2. That this Resolution shall be in full force and effect immediately upon its passage and adoption. PASSED AIO) ADOPTED '!'HIS 1 q DAY OF Anc::n~'I' , 1992. 8AL~~ ---b ~---- ~ . -. SUSAlI ABHS'lRORG, C . M. , 1ft CLERK ..~~/- -- ---- --- -- - ---~ --- -- -- -- -- The Nation's Largest Fully Accredited School System THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA September 4, 1992 Diana Wasserman Chairperson Karen Dickerhoof Vice Chairperson Miriam M, Oliphant Robert D. Parks Donald J. Samuels. Ed,D. Eileen S. Schwartz Toni J. Siskin Virgil L. Morgan Superintendent Director Ronald BaIley Parkland PabUc Safety Department 6500 Parblde DrIve Parkland, Florida 33067 Dear Director BaIley: Enclosed Is an ezecuted orlgtna1 Agreement between your munlclpaUty and the School Board for the 1992-93 School Resource Officer Program. Mr. Morgan, Superintendent of Schools, has designated Ms. AnnIe M. GWesple, CoordiDator of the S.R.O. Program, as the district's liaison. The program's ofllce Is In the Special Investigative Unit. She can be reached at 765-6202. If we can be of further assistance, please do not hesitate to call this office. Sincerely, {(-y~'m.~ Andrew II. Thomas, Acting Chief Special Investigative Unit Enc: AM.T:PJ cc: AnnIe M. Gillespie Equ/JI Opportunity Employer, Using Affirmative Action Guidelines ADMINISTRATION OFFICES. 600 SOUTHEAST THIRD AVENUE. FORT LAUDERDALE. FLORIDA 33301 . 305/765-6000 RESOL. 92-24 AGREEMENT 'Ibis AGREEMENT ('~nt"), made and entered into the 1 9 day of August . 1992 by and between: CITY OF PARKLAND, Florida a municipal corporation (hereinafter referred to as "Cl'IT' ) AND THE SCHOOL BOARD OFBROWARD COUNTY, FLORIDA 600 Southeast 'IbirdAvenue . Fort Lauderdale, Florida 33301 (hereinafter refelled to as ''BOARD') WITNESSETH: WHEREAS, the BOARD has established a SchoolResoUl'Ce Ofticer Program, (hereinafterl~Idi to as ''SRO PrograDi') pursuant to Section 230.2318, Florida Statutes; and WHEREAS, the BOARD desires CITY to have police officers serve as School ReSOUl'Ce 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 230.2318, Florida Statutes; including assistance in the prevention of juvenile delinquency through programs speciflAally 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: SECTION 1, DUTIES AND RESPONSmILITIES OF CITY 1.01 CITY shall provide one (1) police officer, assigned as a School Resource Officer, (hereinafter refened to as "SRO'') to the following school operated by the BOARD: Mar,jorie Stoneman Douglas High 1 1.02 SchoolRelource Ofticer shall abide by School Board Policies, 88 they relate to SchoolRe8ource Officen, the SchoolRe8ource Officer Standard Operating Procedure Manual and Florida Statute 230.2S18.1he SRO shall consult and coordinate instructioual activities through the principaL Activities conducted by the School Re80urce OJlicerwbicb are put of the regular instruction program of the school shall be under the direction of the principa1.1he Board shall maintain conirol over the content of educatioual programs and instructional materials. 1.03 The SRO will provide to students instruction in various aspects oflaw enforcement and education. 1.04 Cl'IY sballbe responsible for the control and direction of all asIJ<<'CtB of employment of the police ofticerassfpv1 to the SRO Program. 1.05 crrY shall ensure that the exercise of the law enforcement powers by the SRO is in compliance with the authority granted by law. 1.06 CI1Y shall hold harmless the BOARD for any iJVuries suffered by School Resource Officers arising under their employment with the SRO Program. 1.07 The SRO shall not function 88 a school disciplinarian or security officer, and shall not interYene in the normal discipliDaIy actions of the school system, nor be used to witness any discipliDaIy proced1l1'e8 in the school The SRO, at all times, will be expected to act within the scope ofauthority granted by law. The SRO will perform duties 88 prescribed in Florida Statute 230.2318, (1) including: (a) To perform law enforcement functions within the school setting. (b) To identify and prevent, through counseling and referral, delinquent behavior, including substance abuse. (c) To foster a better understanding of the law enforoement function. (d) To develop positive concepts oflaw enforcement. (e) To develop a better appreciation of citizens rights, obligations and responsibilities. (t) To provide information about crime prevention. (g) To provide assjsUJnce and support for crime victims identitied with the school setting, including abused children. (h) To promote positive relations between students and law enforcement officers. (i) To enhance knowledge of the fundsnnental concept and structure oflaw. 2 1.08 '!bepo1ice ol6cermqbe cbaDged duri:Dgthe coune of the ~nt by the City, howewer, there shaD. be at leMt ODe offIcer~- '!be SRO shaD. be on duty at the IdIool duriDaregu1ar1dlool houri when students are required to attend and when the required SRO trabrlDgJD.'Oll'8lD8 are conduct.ecl, unless police department eIJIeI'I8DCY Deed8 or law eDforcement requirements prohibit. Wheneverpol8ib1e, a replacementpo1ice ofticer should be assigned, on a t-..~IIIQIJ.'W)' basis, iftbe absence of the aisting ofticer is approved by the CITY and exceeds two (2) day&. 1.09 The SRO shall not be required to attend extra~ activities which are held beyond hiaberregular work day or requires the SRO to leave hislher jurisdiction. SECTfO~ 2. DUTIES AND RESPONSmILITIES OF BOARD 2.01 1be principal at the d-ipAted school shall be the on-site contact person for the SHO. The Superintendent ofScbools shall d~AM the School Resource Officer CoordiDator to &erYe as the county liaison for the program. 2.02 Board shaD. ~ to CITY the sum of ten thousand dollars ($1?,?oo.00) per ofticer for the Scllool Reso~ 0J!icer Program. 2.03 Beginning September 1992, payments shall be made in ten installments upon the submission ofmonthly invoices by the CITY and certification by the principal or hisI.ber designee that the services rendered were satletacto1'y. The monthly pe.yments of ODe thousand doDan ($1,000.00) shall be made within thirty days of receipt of the invoice. SECI'ION 3. TERM OF AGREEMENT 3.01 'Ibis agreement sba1l be:made for a l~month term begjnnlng the 27th day of August 1992, through the 17th day of June 1993. 3,02 'Ibis agreement shall continue in effect until the duration of the tenD. described in paragraph 3.01 or until terminated by either of the parties in accordance with the terms listed in Section 4 below. SECI'ION 4.. TERMINATION 4.01 Eitberparty ~ternnnAM this ~ by &erYingwritten notice upon the other party at least thirty (30) days in advance of such termination. SECTION 5. SUMMERSCHOOL 5.01 In the event the ScboolBoard provides 8I~ school at any m1(1cJ1~ or high school within the municipal boundaries oftbe City during the 8I1nnner' of 1993, the City if requested in writiDgby June 1, 1993 bythepriDcipal oftbo8e schools having 8I1nn11Ar 8Chool, mq at its di8cretion pvvide a SchoolRe8ource omcerfor those 8Chools during the six week ..*IIIt""-..,..oon. AU duties stipulated in this Agreement shall be in full effect during the 1I1nnner session. 5.02 'Ibe oonpn-tion for School Resource 0I.Iicen during the 1993 Snnnrlfl!1O School period shall be determined by the numberofconincted service hours provided by the City at $7.1'1 per hour. 3 SECTION 8. INVALID PROVISION 6.01 Should any part of this Agreement be declared invalid by a court of Jaw, such decis10n sha11 not affect thevaUdity of any J"t'!'lllAl111....g portion which shall remain in full force and effect 88 it the invalid portion was newer a part of this Agreement when it was secutecL Should the &eYeI'IIDC8 of 8DY part of thisAgreement materiaDy affect any otherrights orobliptions of the po1;ies hereunder, the parties hereto will negotiate in good faith to amend this Agreement in a manner _~totheparties. Failing agreement on such amendment, either party may by notice in writing, term1'ftAbIt this Agreement forthwith subject to the provisions of this Agreement reJating to termination. SECTION '1. INDEMNIFICATION 7.01 1'he BOARD agrees to indemnity and lave harmless the CITY for any UabiUfiy whatsoeverarisiDgout of the neaJigent acts of the Board'. employees or agents in directing the School Resource 0JJicen in theperl'ormA- of their instructional programs. The CITY agrees to indemnity and save harmless the School Board of any liability whatsoewer arising out of the DpCligP-nt acts of the School Re80urce OffIcer 88 it relates to employment 88 defined in Florida State Statute 230.231& Nothing in this Agreement shaD be COD8irued to affect in any way the CITY or the BOARD'S rights, privileges, and immunities, including sovereign immunity 88 provided by Jaw 88 set forth in Florida State Statute 768.28. SECTION 8. ASSIGNMENT 8.01 Neither party to the Agreement sba11, direct1y or indirect1y, 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 priorwritten consent of the otherparty. SECTION 9. NO WAIVER 9.01 1he failure of eitberparty to enforce at any time 8DY of the provisions, rights, or elections or in any way eft'ect the validifiy of this Agreement. The failure to exercise by either party any of its rights herein or BDY ofits eJection. under the terms or conditions herein ccm1ainecl &ball not p-eclude orprejudice it from exercising the same or any otberright it may have undertbisAgreement, illdpeCtive of any previous action or p.rocee;Il....g taken by ithennmder. SECTION 10. COMPLETE AGREEME~ 10.01 1bis Agreement is the complete Agreement of the parties; may be amended or modified only in writing; and supersedes, cancels and terminate. any and all prior ~nts orunclerwtaJ'ldl..... of the parties, whether written or oral, ccmcerningthe subject ~ hereof. SECTION 11. CHOICE OF LAW 11.01 1bis Agreement shall be governed by and construed and interpreted according to the Jaws of the State ofF1orida. It sbaD be binclingupon and inure to the benefit of the 8UCCeS8OI'8 of the CITY and BOARD. 4 SECTION 12. NOTICES 12.01 AD. notices or other connnnnlcations required or permitted by this Agreement shaD. be in writing and deemed etrectively delivered upon mamng by certified mail, return leCeipt requested, or delivered personally to the following persons and addreues UDleu otherwise specified herein: Ronald Bailey, Director Parkland Public Safety Department 6500 Parkside Drive Parkland, Florida 33067 OR Diana WusermaD, Chairpenon 'Ibe Scbool Board alBrowanl C'Axmty, Fbida 600 Southeast'lhirdAvenue Fort Lauderdale, Florida 33301 5 , , . . INWlTNE9S wHEHEOF, the partie8 hereto have duly executed this Agreement as of the day and the~ftnt abowe written. ATrEST: CITY OF PARKI...AND, a nmll~corporation of the State ofF1orlda BY: ~~ MAYOR APPROVED AS TO FORM: BY.~ . ITY ATrORNEY ATrEST: THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA B~ CHAlRPERSON tliJJ~~ - S NDENT 6