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HomeMy WebLinkAboutcocb_cocc_cbhs_sro_mou_fy20-21_202007MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING (MOU), is entered into, and made effective, this 1st day of July, 2020, irrespective of when signed, by and between THE CITY of CAPE CANAVERAL, FLORIDA hereinafter called CAPE CANAVERAL and the CITY of COCOA BEACH, FLORIDA, hereinafter called COCOA BEACH. WITNESSETH: WHEREAS, the Brevard County School Board has implemented the School Resource Officer Program, and; WHEREAS, the School Board shares the cost of implementing the program with the Municipalities of Brevard County, and; WHEREAS, COCOA BEACH and CAPE CANAVERAL, in accordance with the Marjory Stoneman Douglas High School Public Safety Act, determine that the School Resource Officer Program is in the best interest of the school system and both communities, and; WHEREAS, COCOA BEACH and CAPE CANAVERAL desire to share the cost of the School Resource Officer Program incurred by the municipalities on the campus of Cocoa Beach Junior/Senior High School, and; WHEREAS, the program would cover a period of not more than 190 school year days for the 2020/2021 School Year and 2021/2022 School Year ; NOW, THEREFORE, for good and valuable consideration CAPE CANAVERAL and COCOA BEACH agree that the following terms, stipulations and covenants as outlined herein and, by reference, made part hereof, shall govern the responsibilities of each party. 1. The MOU shall be effective commencing July 1, 2020 and will terminate on June 30, 2022, this Agreement may be renewed by the Parties for successive two-year periods (commencing on July 1st and ending on June 30th of each successive year). Either party may terminate this Agreement upon 30 days written notice to the other party. Any termination of this Agreement will result in the return of funds equal to the proportionate amount of time remaining in the Agreement. 2. For the 2020/2021 School Year - CAPE CANAVERAL agrees to provide twenty-six percent (26%) of the municipality's share of the School Resource Officer's salary, benefits, equipment, uniforms, and SRO Conference fees, during the term of this agreement. For the MOU period of July 1, 2020 through June 30, 2021, CAPE CANAVERAL'S payment will be $6,595.00 as outlined in exhibit III. Payment shall be made to COCOA BEACH in two equal installments of $3,297.50 according to the following schedule: February 1, 2021, and June 7, 2021, subject to prorating based on the date of implementation. Page 1 of 8 3. For the 2021/2022 School Year - CAPE CANAVERAL agrees to provide twenty-six percent (26%) of the municipality's share of the School Resource Officer's salary, benefits, equipment, uniforms, and SRO Conference fees, during the term of this agreement. For the MOU period of July 1, 2021 through June 30, 2022, CAPE CANAVERAL'S payment will be $6,203.00 as outlined in exhibit III. Payment shall be made to COCOA BEACH in two equal installments of $3,101.50 according to the following schedule: February 1, 2022, and June 7, 2022, subject to prorating based on the date of implementation. 4. CAPE CANAVERAL has designated City Mayor Bob Hoog and COCOA BEACH has designated Scott Rosenfeld, Cocoa Beach Chief of Police for the purpose of implementing the terms of this agreement. 5. CAPE CANAVERAL and COCOA BEACH agree to the goals and guidelines stipulated in the Exhibits I and II, which are attached hereto and, by reference, made part hereof. 6. To the extent permitted by Florida Statute 768.28, CAPE CANAVERAL and COCOA BEACH agree to indemnify and hold each other harmless and free from liability, including the officers, agents or employees of said parties while acting as such, from all claims, damages, injuries, fines, and costs, including expenses and attorney's fees which either party may become obligated to pay resulting from or in any way connected to errors or acts or omissions of employees of either party's performance relative to the terms of this agreement. 7. COCOA BEACH shall not assign or transfer this agreement to any other agency without the prior written permission of CAPE CANAVERAL. 8. Any changes in the terms and conditions set forth in this agreement must be mutually agreed to by both CAPE CANAVERAL and COCOA BEACH and may be implemented only after this agreement has been amended in writing. 9. The parties understand and agree that while the School Resource Officer is rendering services provided for by this agreement, he/she remains an employee of COCOA BEACH. 10. The Parties understand and agree that the School Resource Officer will comply with police policy/procedure and regulations when in uniform. The SRO is required to be in uniform to execute all dutiesas required by the school unless otherwise agreed upon by the school principal and the Cocoa Beach Chief of Police. 11. If any of the terms or provisions hereof are in conflict with any applicable statute or rule of law, then such provision shall be deemed inoperative to the extent that it may conflict therewith and shall be deemed to be modified to conform with such statute or rule of law. 12. A report of the School Resource Officer activity will be provided to CAPE CANAVERAL on a calendar quarterly basis. Page 2 of 8 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized officers and agents the day and year first written above. THE CITY OF COCO BEACH, FLORIDA THE CITY OF CAPE CANAVERAL, FLORIDA c By: Jam. P. McKnight, ity p anager B _ Loredana Kalaghcfiy, MMC, C. Clerk r _ , ed as to m . d L -ga s fficiency >Ovoi ovitit Gretc 'e R.H. Vose, City Attorney By:: To orley, Cit ATTACHMENTS: Exhibit I- Goals of SRO Program Exhibit II- Guidelines of SRO Program Exhibit III- Officer Salary - 2020/2021 & 2021/2022 Cost Projection Page 3 of 8 Bre Gar Public Schools--- 'rrac FurLJ cr; FLORID/\'S srccccrsr Exhibit I SCHOOL RESOURCE OFFICER PROGRAM GOALS 1. To enhance student safety and improve the security ofschool campuses; 2. To develop and promote positive relationships between students and law enforcement officers; 3. To foster a better understanding of law enforcement officers in the community;- 4. To develop positive concepts of law enforcement; 5. To identify- and prevent delinquent behavior through counseling and referral; 6. To provide assistance and support for victims of crime identified within the school setting; including abused children; 7. To develop a better appreciation of citizenship, citizens' rights, obligations, and responsibilities; 8. To provide information about crime prevention; 9. To enhance knowledge of the fundamental concepts and structure of the law; 10. To provide materials and consultative assistance to teachers and parents on various law education topics; Page 4 of 8 Brre ar Public Schools--> TF-iI i»IJTIJFc OI= F=LOR IOA'S PAC I_ COAST Exhibit II SCHOOL RESOURCE OFFICER PROGRAM GUIDELINES 1. The school resource officer (SRO) is a City of Cocoa Beach police officer, and shall remain exclusively an employee of the City of Cocoa Beach and responsible to the police department chain of command. 2. Prior to the first day of school, the SRO will present to the principal a written plan of action for the school year. The plan should include the SRO's work and activities schedule, and if appropriate, their work schedule and duties for District pre -planning and post -planning activities. This plan should also include an outline of classroom presentations that may be conducted by the SRO, as well as the number of instructional hours that the SRO may provide. 3. Not less than one time per semester, the SRO and Principal will meet to review the SRO's plan of action and verbally discuss the SRO's progress. As necessary, additional meetings may be requested by either the Principal or the SRO to review the progress of the plan of action. 4. The SRO may be asked to provide supplemental instruction at the discretion of the Principal, as qualified. The Attorney General's (SRO Basic and Advanced Training) philosophy with regard to in -class SRO presentations will be used as a guide. 5. The SRO will engage with students in the following ways: before school during student arrival, between class breaks and during lunch periods, after school during student dismissal. 6. The SRO shall report to their assigned school Principal daily. The SRO shall be assigned specifically to the school during all regular school days. If the SRO is called away from the school for a substantial portion of the school day, the SRO shall notify the Principal and provide the Principal with a means of contacting the SRO or the appropriate law enforcement agency. 7. If the SRO witnesses inappropriate or unacceptable activity on campus, they will report the incident to the school administration and as appropriate take law enforcement action. Both police department and school administrative procedures shall be followed. In the event of a policy conflict, police department policy and procedure shall prevail. The SRO shall avoid making arrests on school grounds except under exigent circumstances. If arrest is necessary, the SRO will be called to execute proper law enforcement procedure. If at all possible, the SRO should Page 5 of 8 coordinate arrest and other operational strategies with the Principal. 8. Should it become necessary for the SRO to conduct a formal law enforcement interview with a student, the interview should be coordinated with the Principal, parents shall be notified and police department policy will be followed. 9. The SRO is encouraged to attend parent, faculty, and staff meetings, as a part of the school administrative team, and to develop support and cultivate an understanding of the SRO program. 10. After consultation and approval of the Chief of Police or his designee, the Principal may request an SRO adjust their schedule and as appropriate may assign the SRO to duties after regular school hours, such as sponsoring extracurricular events, chaperoning field trips, or other after school activities. Any such request shall not conflict with police department policy, the officer's collective bargaining agreement, or result in overtime expenses to either the police department or the District. These after - school activities will be under the supervision of school personnel. The District will not compensate the SRO in an overtime capacity. (This does not include activities such as football games, basketball games, and school dances for which a separate contract of service is required). 11. All overtime shall be approved in advance by the SRO's law enforcement supervisor. Overtime expenses shall be borne by the agency and not the District. 12. As determined by the police department, the SRO shall submit activity reports to be reviewed by the Principal and the Director of District and School Security. 13. The SRO has the authority to request a review of contract provisions after reasonable review and conferencing between the SRO and the Principal has occurred. The following procedures should be followed: A. The SRO will request that a review of the contract provisions be completed stating the reasons for the request in writing. The request will be directed to the SRO's law enforcement supervisor, with a copy being provided to the Principal. A copy of that request must also be provided to the Chief of Police or his designee and the Director of the Office of District and School Security. B. Within a reasonable period of time after receiving the request for review from the SRO, the Director of the Office of District and School Security, will meet with the Chief of Police, or his designee to mediate or resolve any contract provision concerns that may exist between the SRO and the staff at their assigned school. 1. With the approval of the Chief of Police or his designee, and the Director of the Office of District and School Security, the SRO, and specified members of the school staff, may be required to be present at a mediation meeting. Page 6 of 8 2 If, within a reasonable amount of time after commencement of mediation, the contract provision concerns cannot be resolved or mediated, in the opinion of both the Chief of Police, and the Director of the Office of District and School Security, or their designees, a reasonable alternative action will identified and agreed upon in writing. 14. If, in the opinion of the principal, the SRO is no longer effective in his or her role as an SRO, the Principal may request the reassignment of the school resource officer from their duties at school. In such cases, the following procedure should be followed: A. The °Principal will meet with the SRO, and the SRO's law enforcement supervisor and express the concerns and needs of the school. The principal will work collaboratively with the SRO and SRO's law enforcement supervisor to clearly identify in writing their expectations, as well as the SRO's agreed upon school related duties and responsibilities. As appropriate, the SRO's law enforcement supervisor may implement a written action plan. B. If, after reasonable review and discussion between the SRO, the SRO law enforcement supervisor and the Principal has occurred, in the opinion of the principal the SRO's effectiveness remains questionable, the principal may request the SRO be reassigned from their position at their assigned school. C. The Principal shall contact the Director of District and School Security and request that the SRO be removed from the program at his/her school. 15. School Board employees shall not conduct an internal investigation of alleged improper conduct on the part of the SRO. The Principal or any other BOARD employee shall report all allegations of improper conduct to either the SRO's law enforcement supervisor or to the police department Internal Affairs function. 16. At any time during the school year when students are not in school, or at the conclusion of the regular school year, the SRO shall be assigned other duties by the Chief of Police. Page 7 of 8 EXHIBIT III OFFICER SALARY 2020/2021 COST PROJECTION Blended Rate of New Officer & Veteran Officer Cost of SRO for 190 Days $ 82,366 SCHOOL BOARD FUNDING COCOA BEACH & CAPE CANAVERAL FUNDING $ 57,000 25,366 *MUNICIPALITY FUNDING City of Cocoa Beach (74% Share of Funding) City of Cape Canaveral (26% Share of Funding) 18,771 $ 6,595 *Municipality Funding is based on student enrollment at Cocoa Beach High School $ 25,366 OFFICER SALARY 2021/2022 COST PROJECTION Blended Rate of New Officer & Veteran Officer Cost of SRO for 190 Days $ 85,859 SCHOOL BOARD FUNDING COCOA BEACH & CAPE CANAVERAL FUNDING $ 62,000 $ 23,859 *MUNICIPALITY FUNDING City of Cocoa Beach (74% Share of Funding) City of Cape Canaveral (26% Share of Funding) $ 17,655 $ 6,203 *Municipality Funding is based on student enrollment at Cocoa Beach High School $ 23,859 Page 8 of 8