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1997-07 Broward Cty Agmt to enter into SRO Program for 97-98 Marjory Stoneman Douglas HS RESOLUTION NO. 97-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, AUTHORIZING THE CITY OFFICIALS TO ENTER INTO AN AGREEMENT BE'lWEEN THE CITY OF PARKLAND AND THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA PROVIDING THROUGH THEIR SCHOOL RESOURCE OFFICER PROGRAM (SRO PROGRAM) A SCHOOL RESOURCE OFFICERS AT MARJORY STONEMAN DOUGLAS HIGH SCHOOL FOR THE 1997-1998 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 of the City to enter into the attached Agreement between the City of Parkland and The School Board of Broward County, Florida and participate in their School Resource Officer Program (SRO Program) for the 1997-1998 school year, and;. WHEREAS, the City of Parkland City Commissioners believe that the proposed agreement is in the best interest of the citizens of Parkland; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA: Section 1. That the appropriate City officials are hereby authorized to execute the attached Agreement between the City of Parkland, Florida and The School Board of Broward County. Section 2. That this Resolution shall become in full force and effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 2nd DAY OF April , 1997. CITY OF PARKLAND, FLORIDA SALdik(f~ ATTEST: ~~ '- . Q~....... J .... ' SUSAN ARMSTRONG, C.M.C~ CITY CLERK CITY OF PARKLAND 6500 PARKS IDE DRIVE PARKLAND, FL 33067 (954) 753-5040 FAX (954) 341-5161 April 4, 1997 Ms. Annie M. Gillespie Special Investigative Unit 7720 West Oakland Park Boulevard Sunrise, Florida 33351 RE: AGREEMENT FOR SCHOOL RESOURCE OFFICER, 1997 - 1998 SCHOOL YEAR Dear Ms. Gillespie: Enclosed please find two (2) copies of the above referenced agreement that have been executed as requested. I wish to point out that on the bottom of Page 1 of the agreement the school is spelled 'MARJORIE" and the correct spelling should be "MARJORY". As I understand it, after School Board approval, an original executed agreement wilJ be return to us for our files. Should you need additional information, please feel free to contact me, Sincerely, ~ Helen Lynott, C. .C. Deputy City Clerk Attachment (2) winward'mtgn0t2.doc " ,/,- "', AGREEMENT This AGREEMENT ("Agreement" ), made and entered into the IS+J:. day of :SIAl>( , 1997 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 SRO Program is established for the purposes set forth in Section 230.2318, 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 oC the mutual promises contained herein, the parties agree as Collows: 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: Marjory Stoneman Douglas High 1 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 responsi bilities. (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. 2 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 hislher regular work day or requires the SRO to leave hislher 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 Supervisor, School/Community Affairs, to serve as the county liaison for the program. 2.02 BOARD shall pay to CITY the sum of twelve thousand dollars ($12,000.00) per officer for the School Resource Officer Program. 2.03 Beginning September 1997, payments shall be made in ten installments upon the submission of monthly invoices by the CITY and certification by the principal or hislher designee that the services rendered were satisfactory. The monthly payment of one thousand two hundred dollars ($1,200.00) 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 18th day of August 1997 through the 12th day of June 1998. 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 (80) days in advance of such termination. SECTION 5. SUMMER SCHOOL 5.01 In the event the BOARD provides summer school at any middle or high school within the municipal boundaries of the CITY during the summer of 1998, the CITY if requested in writing by June 1, 1998 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. 3 5.02 The compensation for School Resource Officers during the 1998 Summer School period shall be determined by the number of contracted service hours provided by the CITY at $8.60 per hour. 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 Statute 768.28. 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 to exercise any elections provided, shall in no way be considered to be a waiver of such 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. 4 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. SECTION 12. NOTICES 12.01 All notices or other communications required or permitted by this Agreement shall be in writing and deemed effectively delivered if mailed by certified mail, return receipt requested, or delivered personally to the following persons and addresses unless otherwise specified herein: Mr. Steven List, Director Parkland Public Safety Department 6500 Parks ide Drive Parkland, Florida 33067 OR Dr. Frank R. Petruzielo, Superintendent of Schools 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: -L.,c.-- ~ CITYCLERK-~US --ARMSTRONG ATTEST: DR. FRANK R. PETRUZIELO SUPERINTENDENT OF SCHO CITY OF PARKLAND, a municipal corporation of the State of Florida BY: ~L~6- BY: THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA BY'~~~ . AD S. SCHLER CHAIRPERSON ~ 6