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1994-35 Authorizing Agreement to Provide School Resource Officer Svs to Marjory Stoneman Doughlas for 1994-95 YrRESOLUTION NO. 94 - 35 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA AUTHORIZING THE CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF PARKLAND AND THE SCHOOL BOARD OF BROWARD COUNTY TO PROVIDE SCHOOL RESOURCE OFFICER SERVICES FOR MARJORY STONEMAN DOUGLAS HIGH SCHOOL FOR THE 1994-95 SCHOOL YEAR WHEREAS, the City Commission of the City of Parkland, Florida finds and determines that it is in the best interest of the citizens to execute an Agreement between the City of Parkland and the School Board of Broward County to provide School Resource Officer Services for Marjory Stoneman Douglas High School for the 1994-95 school year as described in the Agreement attached hereto and made a part hereof; 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 an Agreement between the City of Parkland, Florida and the School Board of Broward County to provide School Resource Officer Services for Marjory Stoneman Douglas High School for the 1994-95 school year. Section 2. That this Resolution shall be in full force and effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS_ 1 DAY OF JUNE , 1994. SAL PAGLIARA,,AYOR SUSAN ARMSTRONG, C.M.C., CITY CLERK The Nation's Largest Fully Accredited School System THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA Eddie J. Hardy, Sr., CFE Chief, Special Investigative Unit August 29, 1994 Director Ronald Bailey Parkland Public Safety Department 6500 Parkside Drive Parkland, Florida 33067 Chairperson Robert D. Parks Vice Chairperson Miriam M. Oliphant Karen Dickerhoof Eileen S. Schwartz Toni J. Siskin Diana Wasserman Lois Wexler Dr. Frank R. Petruzielo Superintendent of Schools Dear Director Bailey: Enclosed is an executed original agreement between your municipality and the School Board of Broward County, Florida for the 1994-95 School Resource Officer Program. In accordance with program guidelines and procedures, Ms. Annie M. Gillespie, Coordinator -SRO Program, will serve as the district's liaison for coordination of the program. She can be reached at her office, 765- 6202, which is located in the Special Investigative Unit. If we can be of further assistance, please do not hesitate to let us know. Sincerely, Ed J. Ha'dy Sr., Chief Special Investigative Unit EH:AMG/pj Enc: (1) cc: Annie M. Gillespie MINTED ON RECYCLED PARR Equal Opportunity Employer. Using Affirmative Action Guidelines SPECIAL INVESTIGATIVE UNIT • 1320 Southwest 4th Street. Ft. Lauderdale. FL 33312 • 305/765-6201 FAX 305/765-8738 AGREEMENT This AGREEMENT ("Agreement" ), made and entered into the 1 day of J UNE , 1994 by and between: CITY OF PARKLAND, Florida a municipal corporation (hereinafter referred to as "CITY" ) AND THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA 600 Southeast Third Avenue Fort Lauderdale, Florida 33301 (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 230.2318, Florida Statutes; including assistanc 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: SECTION 1. DUTIES AND RESPONSIBILITIES OF CITY 1.01 CITY shall provide one (1) police officer, assigned as a School Resource Officer, ( hereinafter referred to as "SRO") to the following school operated by the BOARD: Marjorie Stoneman Douglas High 1.02 School Resource 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 instructional activities through the principal. Activities conducted by the School Resource Officer which are part of the regular 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. 1.03 .The SRO will provide to students instruction in various aspects of law enforcement and education. 1.04 CITY shall be responsible for the control and direction of all aspects of employment of the police officer assigned to the SRO Program. 1.05 CITY shall ensure that the exercise of the law enforcement powers by the SRO is in compliance with the authority granted by law. 1.06 CITY shall hold harmless the BOARD for any injuries suffered by School Resource Officers arising under their employment with the SRO Program. 1.07 The SRO shall not function as a school disciplinarian or security officer, and shall not intervene in the normal disciplinary actions of the school system, nor be used to witness any disciplinary procedures in the school. The SRO, at all times, will be expected to act within the scope of authority granted by law. The SRO will perform duties as 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 enforcement function. (d) To develop positive concepts of law enforcement. (e) To develop a better appreciation of citizens rights, obligations and responsibilities. (f) To provide information about crime prevention. (g) To provide assistance and support for crime victims identified with the school setting, including abused children. (h) To promote positive relations between students and law enforcement officers. (i) To enhance knowledge of the fundamental concept and structure of law. 1.08 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. Whenever possible, a replacement police officer should be assigned, on a temporary basis, if the absence of the existing officer is approved by the CITY and exceeds two (2) days. 1.09 The SRO shall not be required to attend extra -curricular activities which are held beyond his/her regular work day or requires the SRO to leave his/her jurisdiction. SECTION 2, DUTIES AND RESPONSIBILITIES OF BOARD 2.01 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. 2.02 Board shall pay to CITY the sum of ten thousand dollars ($10,000.00) per officer for the School Resource Officer Program. 2.03 Beginning September 1994, 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 payment of one thousand dollars ($1,000.00) shall be made within thirty days of receipt of the invoice. SECTION 3, TERM OF AGREEMENT 3.01 This agreement shall be made for a 10 -month term beginning the 23rd day of August 1994, through the 16th day of June 1995. 3.02 This agreement shall continue in effect until the duration of the term described in paragraph 3.01 or until terminated by either of the parties in accordance with the terms listed in Section 4 below. SECTION 4, TERMINATION 4.01 Either party may terminate this agreement by serving written notice upon the other party at least thirty (30) days in advance of such termination. SECTION 5, SUMMER SCHOOL 5.01 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 1995, the City if requested in writing by June 1, 1995 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. All duties stipulated in this Agreement shall be in full effect during the summer session. 5.02 The compensation for School Resource Officers during the 1995 Summer School period shall be determined by the number of contracted service hours provided by the City at $7.17 per hour. 3 SECTION 6, INVALID PROVISION 6.01 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. SECTION 7. INDEMNIFICATION 7.01 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 Statute768.28. SECTION 8, ASSIGNMENT 8.01 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. SECTION 9, NO WAIVER 9.01 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. SECTION 10. COMPLETE AGREEMENT 10.01 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. SECTION 11. CHOICE OF LAW 11.01 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 SECTION 12, NOTICES 12.01 All notices or other communications required or permitted by this Agreement shall be in writing and deemed effectively delivered upon mailing by certified mail, return receipt requested, or delivered personally to the following persons and addresses unless otherwise specified herein: Mr. Ronald Bailey, Director Parkland Public Safety Department 6500 Parkside Drive Parkland, Florida 33067 OR Mr. Robert D. Parks, Chairperson The School Board of Broward County, Florida 600 Southeast Third Avenue Fort Lauderdale, Florida 33301 5 IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the day and the year first above written. ATTEST: ATTEST: DR. FRANK R. PETRU T.O SUPERINTENDENT O CHOOLS ;tt'A -3 'H 3' 30 :6 E^ - ifs CITY OF PARKLAND, a municipal corporation of the State of Florida APPROVED AS TO FORM: BY: ITY ATTORNEY THE SCHOOL BOARD OF BROWARD COUNTY, FLOA BY:)0(71 ",-/,..t2S ROBERT D. PARKS CHAIRPERSON