POLICE SAFETY OFFICER AGREEMENTPOLICE SAFETY OFFICER AGREEMENT
COUNTRYSIDE CHRISTIAN ACADEMY AND PRESCHOOL
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THIS AGREEMENT, made and entered into this day of Casa -4"
20 93 , between the CITY OF CLEARWATER, a Florida municipal corporation
(referred to herein as "Clearwater PD"), and COUNTRYSIDE CHRISTIAN ACADEMY
AND PRESCHOOL a Florida not for profit corporation is for the services to be provided
by the Clearwater PD for the Police Safety Officer (referred to herein as PSO) Program
at Countryside Christian Academy and Preschool (referred to herein as "SCHOOL")
located at 1850 McMullen Booth Road, Clearwater, Florida 33759
WITNESSETH:
WHEREAS, the parties hereto value the collaboration and cooperation fostered
by the PSO Program and believe that all of society benefits when the safety of children
is improved, and the true mission of teachers becomes more achievable; and
WHEREAS, the PSO Program provides an opportunity for students and law
enforcement officers to have positive interactions with one another which enhances law
enforcement officers' service to the community; and
WHEREAS, the Clearwater PD intends to provide law enforcement and related
services to Countryside Christian Academy and Preschool as hereafter described; and
WHEREAS, Countryside Christian Academy and Preschool and the Clearwater
PD will mutually benefit from the PSO Program.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties agree as follows:
ARTICLE I. The obligations of Clearwater PD and the PSO are as follows:
A. Provision of Police Safety Officer. The Clearwater PD shall choose and
assign, one law enforcement officer, specifically designated as a "Police Safety Officer"
(PSO) to serve at Countryside Christian Academy and Preschool.
B. Designation and Selection of Police Safety Officer. The PSO will have a
dual role to serve as a law enforcement officer and as a "school official" who may have
a legitimate education interest in information contained in the education records within
the meaning of 20 U.S.C. §1232g and F.S. §1002.221.
The Chief of Clearwater PD, or designee, in consultation with the Head of School
of Countryside Christian Academy and Director of Countryside Christian Preschool will
select the PSO on the basis of the following criteria:
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1. The PSO must have the ability to deal effectively with students. The
ages, socioeconomic, and cultural composition of the students at the school should be
considered in making this evaluation.
2. The PSO must have the ability to present a positive image of the entire
police agency. A goal of the PSO Program is to foster a positive image of police officers
among young people. Therefore, the personality, grooming, and communication skills of
the PSO should be of such nature so that a positive image of the police agency is
reflected. As Christian school, the PSO should also be able to respect the beliefs that
are espoused by the school and respect the Code of Conduct that the other staff at
Countryside Christian Academy as required to abide by. Additionally, the PSO should
sincerely want to work with the staff and students at Countryside Christian Academy
and Preschool.
3. The PSO must have the ability to provide good quality educational
services in the area of law enforcement. The education, background, experience,
interest level and communication skills of the PSO must be of a nature such that the
PSO can effectively and accurately provide resource teaching services. The PSO will
spend as much time as practical providing classroom instruction, dependent upon time
constraints and workload. The PSO, Academy Head of School, and Preschool Director
will formulate an acceptable lesson plan consistent with the circumstances and the
needs of the school.
4. The PSO must have the desire and ability to work cooperatively with the
Academy Head of School and Preschool Director and their administrative staff.
5. The PSO must be a state certified Law Enforcement Officer.
C. Regular Duty Hours/Absences of the Police Safety Officer.
1. The PSO's specific duty hours shall be determined by the PSO's
supervisor, in consultation with the Academy Head of School and Preschool Director, to
reflect the needs of the SCHOOL. In each case, Clearwater PD shall ensure that the
PSO is present during regular school hours and that any routine duties requiring an
absence from campus should be accomplished either prior to or after regular school
hours. The PSO may be temporarily reassigned only during the period of a law
enforcement emergency as such may be determined to exist by the Chief of Clearwater
PD.
2. If it is necessary for the assigned PSO to be absent from school when
school is in session, the PSO will notify the Academy Head of School and/or Preschool
Director and the Clearwater PD will provide coverage, with the understanding the school
will cover the expenses necessary to properly backfill the position. When this occurs,
the SCHOOL will be charged the overtime rate for the assigned personnel in
accordance with the Clearwater PD salary policy and procedures then in effect.
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D. Duties of Police Safety Officers. While on duty, the PSO shall perform the duties
required as outlined in the applicable provisions of the Marjory Stoneman Douglas High
School Public Safety Act, F.S. § 1006.12 et. seq, as well as, the following duties:
sentencing.
1. Speak to classes on the law, including search and seizure, criminal law,
motor vehicle law, and other appropriate topics when assigned to speak
by the Academy Head of School or Preschool Director.
2. Act as a resource person in the area of law enforcement education at
the request of the Academy Head of School or Preschool Director.
3. Conduct criminal investigations of violations of law at SCHOOL or
property owned by SCHOOL. The Clearwater Police Department and
SCHOOL, agree that petty acts of misconduct and misdemeanors,
including, but not limited to, minor fights or disturbances, should ordinarily
not be referred to law enforcement for prosecution and should not
ordinarily result in a student arrest. SCHOOL is encouraged to use
alternatives to expulsion or referral to law enforcement agencies unless
the use of such alternatives will pose a threat to school safety. The
individual PSO is encouraged to exercise discretion and to divert student
offenders to school-based discipline or community-based diversion where
appropriate and authorized by Clearwater PD and applicable law.
4. Provide school-based security and maintain the peace at SCHOOL, to
include assisting with the development, implementation, and evaluation of
security programs/crisis plans in the school when requested.
5. Make arrests and referrals of criminal law violators.
6. Appear at State Attorney investigations, depositions, trials, and
7. Coordinate or provide transportation to the Pinellas County Juvenile
Assessment Center (PJAC), Juvenile Addiction Receiving Facility (JARF),
and County Jail.
8. Coordinate Emergency Medical Services (EMS) at the request of the
Academy Head of School or Preschool Director, or designee.
9. Receive and dispatch complaints via telephone, walk-in, and radios.
10. Cooperate with SCHOOL in connection with the creation and
maintenance of all records, including security and surveillance camera
recordings whether recorded by video tape, digital, or other medium,
witness or suspect statements, interviews or other documents made in
connection with the law enforcement duties set forth in this Agreement.
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Such records shall constitute "law enforcement records" within the
meaning of 34 CFR § 99.8(b)(I)(i)-(iii). When such records are made
available to school administration for disciplinary or other legitimate
educational purposes, they shall also constitute confidential student
records subject to the Family Educational Rights and Privacy Act, 20
U.S.C. § 1232g; 34 CFR Part 99, and §§ 1002.22, 1002.221, F.S. The
PSO shall comply with all laws and policies applicable to such records in
both their law enforcement and student record capacities.
11. Maintain a file on property reporting lost and/or stolen items.
12. Provide counseling or referrals to students as needed.
13. Secure, handle, and preserve evidence.
14. Recover stolen SCHOOL property through working with other police
agencies.
15. Make referrals to social agencies.
16. Relay messages in emergency situations (such as tornadoes,
hurricanes, etc.)
17. Provide active assailant training to school personnel, at a minimum
annually.
18. Coordinate monthly active assailant drills.
19. Wear the official police uniform which shall be provided by
CLEARWATER PD at the expense of the SCHOOL; however, civilian attire
may be worn on such occasions as may be mutually agreed upon
between the Academy Head of School or Preschool Director and the
PSO's direct Supervisor.
20. Park assigned police cruiser fully marked with agency insignia at a
location on campus designated by the Academy Head of School or
Preschool Director, or designee.
21. Perform such other duties as mutually agreed upon by the Academy
Head of School or Preschool Director and the PSO, so long as the
performance of such duties are legitimately and reasonably related to the
PSO Program as described in this Agreement, and so long as the duties
are consistent with State and Federal Law and the policies and
procedures of the Clearwater PD.
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22. Be present and provide security services at school functions occurring
on campus outside regular school hours (i.e., athletic events, graduation,
other school sponsored events).
23. Follow and conform to SCHOOL policies and procedures so long as
conformance with said policies and procedures do not conflict with the
policies and procedures of the Clearwater PD. The parties to this
Agreement shall abide by all Federal and State Civil Rights legislation
including the Civil Rights Act of 1964, as amended with the understanding
that SCHOOL is a Christian school run by a church, and the SCHOOL has
a statement of faith and code of conduct which is a part of being a church
run SCHOOL.
24. Provide an Activities Report or such other report regarding his/her
activities, as may reasonably be required by SCHOOL or the Clearwater
PD. The frequency of the report(s) shall be mutually agreed upon by the
Academy Head of School and Preschool Director and Clearwater PD.
Copies of such reports shall be provided to the Academy Head of School
and Preschool Director at the frequency mutually agreed upon by the
parties.
25. The PSO is recognized as an active part of the school's administrative
team. His/her duties as a team member reflect Clearwater PD's directions
and lend his/her expertise to the review of activities, duty assignments,
scheduling, and identification of potential problems.
26. The Clearwater PD will provide an opportunity for the Academy Head
of School and Preschool Director to provide input on the PSO's
performance.
E. Support Services to be Provided by Clearwater PD. Clearwater PD shall
supply the following support services for the PSO:
1. Maintain and file police records according to law.
2. Maintain a dispatch log, consistent with accepted law enforcement
practices.
3. Provide copies of all reports taken by the PSO to the Academy Head of
School and/or Preschool Director, upon request, as the law allows.
4. Maintain copies of reports generated by the PSO in compliance with
State and Federal laws.
5. Maintain fingerprints and photographs of arrestees in compliance with
State and Federal laws.
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ARTICLE II. Relationships of PSO to SCHOOL and Clearwater PD.
The PSO shall be an employee of Clearwater PD and not SCHOOL. The
Clearwater PD shall be responsible for the hiring, training, discipline, and dismissal of its
personnel. First SCHOOL shall report allegations of improper conduct to the PSO's
immediate supervisor or to the Clearwater PD's internal affairs section. SCHOOL shall
not conduct an internal investigation of alleged improper conduct on the part of the
PSO, any investigation will be handled by Clearwater PD internal affairs.
ARTICLE III. Charges for PSO Services.
In consideration of the services provided herein, SCHOOL shall pay to the City of
Clearwater the salary, overtime, benefits, equipment, and supervision costs of a PSO.
Additionally, SCHOOL shall pay costs incurred by the City of Clearwater to backfill or
provide coverage during absences of the assigned PSO.
The SCHOOL will be charged the pay rate in an amount defined as "Police
Officer Pay Range P-56; Step 3" in the collective bargaining agreement between the
City of Clearwater and Fraternal Order of Police Clearwater Officers Bargaining Unit.
The rate through September 30, 2023, is$31.5067 and is subject to increases or
decreases depending on future collective bargaining agreements between the City of
Clearwater and the Fraternal Order of Police. The rate from October 1, 2023 through
September 30, 2024 is $32.4519 and is subject to increases or decreases depending on
future collective bargaining agreements between the City of Clearwater and the
Fraternal Order of Police. The SCHOOL will also be charged for holiday pay, vacation
pay, sick leave, funeral leave, and overtime paid to the assigned PSO as defined in the
collective bargaining agreement between the City of Clearwater and the Fraternal Order
of Police Officer Bargaining Unit.
The SCHOOL will be charged the costs of benefits provided by the City of
Clearwater to the PSO as required by the collective bargaining agreement between the
City of Clearwater and Fraternal Order of Police Clearwater Officers Bargaining Unit.
The SCHOOL will be charged the costs of uniform, equipment, and a police
vehicle, including gas and maintenance coordinated or completed by the City of
Clearwater. Some items may be amortized over 5 -years at the sole discretion of the
City of Clearwater.
The SCHOOL will be charged the cost associated with the supervision of the
PSO, which is calculated at 1/8th the cost of the assigned supervisor based on span of
control of eight employees to one supervisor.
If the Academy Head of School or Preschool Director requests the Clearwater
PD to provide security services at school functions occurring after regular school hours
(i.e., football games, baseball games, graduation, or other school sponsored events),
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Clearwater PD shall be paid an additional amount that is at the assigned officers
overtime rate in accordance with the Clearwater PD salary policy and procedures then
in effect.
The estimated costs paid by the SCHOOL for the school year starting in August
2023 is $129,958.41. It is understood this includes an estimated expense for relief and
other expenses that may change. SCHOOL will pay actual costs incurred. In the event
there is a surplus of funds received or balance due at the end of each contract year, the
SCHOOL will receive a credit for the next year of the agreement or refund, at the
discretion of the SCHOOL. If there is a balance due, the City of Clearwater shall bill the
SCHOOL for the balance due payable within thirty (30) days from the date of the
invoice.
This is based on the 10 -
County Schools Police
PSO starting August 2
2024 (see attached).
ARTICLE IV. Problem
Category
Estimate
SALARY
$50,559.43
EQUIPMENT
$7,444.06
SUPERVISION
$13,349.39
BENEFITS
$11,423.00
VEHICLE
$19,100.00
RELIEF
$26,763.53
HIRING EXPENSES
$1,319.00
TOTAL
$129,958.41
month (196 day) Pinellas
2023-2024 schedule with
and concluding May 30,
Resolution.
The parties, their agents and employees will cooperate in good faith in fulfilling
the terms of this Agreement. The parties will first make reasonable attempts to resolve
unforeseen difficulties or questions through negotiation between the Academy Head of
School and/or Preschool Director and the Police Chief, or their designees.
ARTICLE V. Amendments.
Changes in the terms of the Agreement may be accomplished only by formal
amendment, in writing, approved by Clearwater PD and Countryside Christian Academy
and Preschool.
ARTICLE VI. Transfer of PSO.
Both SCHOOL and Clearwater PD desire to avoid the transfer of a PSO at the
request of the SCHOOL unless egregious violations of the SCHOOL's Code of Conduct
or disrespect is demonstrated toward the SCHOOL's statement of faith. Therefore,
except in egregious circumstances when the PSO's behavior or performance warrants
immediate removal, the following procedures must be followed:
A. The Academy Head of School and Preschool Director, or designee, should
engage in good personnel management practices to include discussing any issues or
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concerns with the PSO first, followed by consultation with the PSO's supervisor if
necessary.
B. If, after sufficient time has been given for the PSO to modify his/her
performance, and concerns still exist, then the Academy Head of School and/or
Preschool Director will recommend to the PSO's supervisor that the PSO be removed
from the school(s), stating the reasons for the recommendation in writing.
C. Within a reasonable period of time after receiving the Academy Head of
School or Preschool Director's recommendation to remove the PSO, the PSO's
supervisor will confer with the Police Chief, or his designee, to attempt to resolve any
problem that may exist between the PSO and the staff at SCHOOL.
1. With the agreement of the Academy Head of School and/or Preschool
Director and the Police Chief, or his designee, the PSO, or specified members of the
staff from the school, may be required to be present at that meeting.
2. If, within a reasonable amount of time, the problem cannot be resolved
in the opinion of both the Academy Head of School and/or Preschool Director and the
Police Chief, or his designee, then the PSO will be removed from the school and a
process to hire a replacement will be initiated.
Only Clearwater PD, and not an individual PSO, can seek enforcement of the
provisions of this Agreement. Nothing herein shall preclude Clearwater PD from
unilaterally transferring removing the PSO at the Chief of Police's sole discretion.
ARTICLE VII. Term of Agreement.
The term of this Agreement shall be for five (5) school years beginning on August
1, 2023, and terminating on June 2, 2028, unless terminated sooner, as provided in
Article IX.
ARTICLE VIII. Materials and Facilities Supplied by Countryside Christian Academy and
Preschool.
SCHOOL shall provide the PSO the following materials and facilities necessary
to the performance of duties by the PSO.
A. Access to a private office which is air conditioned and properly lit, with a
telephone, to be used for general business purposes. Upon request, the PSO will be
provided free access to the school's computer network to the extent that it is
economically practicable at the discretion of the SCHOOL. Clearwater PD will provide
the computer laptop to be utilized by the PSO. Although SCHOOL may provide
additional hardware or resources in its sole discretion. If access is provided, existing
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school security procedures must be followed, to include secure network access for both
the computer and user.
B. A location for files and records which can be properly locked and secured.
C. A desk with drawers, a chair, worktable, filing cabinet, firearms safe, and
office supplies (e.g., paper, pencil, pens, etc.)
D. Access to a school computer and/or secretarial assistance.
E. The PSO will be issued keys and/or access cards for complete access on
the campus in accordance with the school safety plan. In the event those keys are lost,
misplaced, or stolen through negligence, the cost of any re -keying of the facility shall be
borne equally by Clearwater PD and SCHOOL.
ARTICLE IX. Termination.
This Agreement may be terminated by either party for cause upon seven (7)
days' written notice that the other party failed substantially to perform in accordance
with the terms and conditions of this Agreement through no fault of the party initiating
termination. This Agreement may be terminated without cause by either party upon
thirty (30) days' written notice. Any Party that terminates this Agreement will be
responsible to pay for any remaining balance of any amortized equipment costs.
ARTICLE X. Indemnification.
To the fullest extent permitted by law, each party agrees to assume liability for
and indemnify, hold harmless and defend the other party, its officials, officers, board
members, executives, employees, and agents from and against all liability and expense,
including reasonable attorneys' fees, in connection with any and all claims, demands,
damages, actions, causes of action, and suits in equity of whatever kind or nature,
including claims for breach of contract, personal injury, property damage, equitable
relief, or loss of use arising out of its respective obligations under this Agreement,
excluding only claims arising out of the negligence, recklessness, willful disregard for
human life or property or wanton misconduct of the party to be indemnified hereunder.
Any indemnification hereunder shall include all attorneys' fees and costs incurred in the
enforcement of this indemnification provision. Nothing contained herein shall in any way
waive any immunity from or limitation of liability that Clearwater PD or Countryside
Christian Academy and Preschool enjoys presently under the Florida Constitution,
Florida Statutes, particularly with respect to chapter 768, Florida Statutes, or the
doctrine of sovereign immunity. The obligations contained in this paragraph shall survive
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the termination of this Agreement, however terminated, and shall not be limited by the
amount of any insurance required to be obtained or maintained under this Agreement.
ARTICLE XI. Insurance.
Countryside Christian Academy and Preschool shall maintain a policy or policies
of insurance throughout the entire term of this Agreement, including any Renewal
Term(s) as follows: General liability with minimum limits of $1,000,000 per claim and
$2,000,000 per occurrence, written on an occurrence basis. All insurance policies shall
be from responsible companies duly authorized to do business in the State of Florida
and have a minimum rating of "A-" as assigned by AM Best. The City of Clearwater shall
be named as an additional insured on such policy(ies) and shall be given thirty (30)
days' written notice of cancellation, non -renewal, or adverse change to any policies.
Contractor shall provide a certificate of insurance, in a form satisfactory to Clearwater
PD, evidencing that it has met the insurance requirements for this Agreement.
ARTICLE XII. Miscellaneous.
A. Assignment. The terms and provisions of this Agreement shall be binding
upon the parties and their respective partners, successors, heirs, executors,
administrators, assigns and legal representatives. Notwithstanding the forgoing, a
party's rights and obligations under this Agreement may only be transferred, assigned,
sublet, mortgaged, pledged, or otherwise disposed of or encumbered in any way with
the other party's prior written consent.
B. Modifications or Amendments. This Agreement may not be amended or
modified except in writing, executed by the parties.
C. Severability. Should any section or part of any section of this Agreement
be rendered void, invalid, or unenforceable by any court of law, for any reason, such a
determination shall not render void, invalid, or unenforceable any other section or any
part of any section of this contract.
D. Notification. All notices, requests, demands, or other communications
hereunder shall be in writing and shall be deemed to have been served as of the
delivery date appearing upon the return receipt if sent by certified mail, postage prepaid
with return receipt requested, at the address listed below, or upon the actual date of
delivery, if hand delivered to the address below. Either party may change the below -
listed address at which it receives written notices by so notifying the other party hereto
in writing.
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Michael Walek
Interim Police Chief, City of Clearwater:
645 Pierce Street, Clearwater, Florida 33756
Michael.Walek@myclearwater.com
Jennifer Poirrier
City Manager, City of Clearwater
600 Cleveland Street
Clearwater, FL 33756
Jennifer. Poirrierccamyclearwater.com
Melissa Isabel
Assistant City Attorney, City of Clearwater
600 Cleveland Street
Clearwater, FL 33756
Melissa. lsabel(camyclearwater.com
Glenn Davis
Lead Pastor, Countryside Christian Church
Representative, Countryside Christian Academy and Preschool
1850 McMullen Booth Rd
Clearwater, FL 33759
gdavis(a}.countrvside.cc
E. Waiver. No act or omission or commission of either party, including
without limitation, any failure to exercise any right, remedy, or recourse, shall be
deemed to be a waiver, release, or modification of the same. Such a waiver, release, or
modification is to be effected only through a written modification to this agredment.
F. Governing Law and Venue. This Agreement is to be construed in
accordance with the laws of the State of Florida. Venue for any cause of action or claim
asserted by either party hereto brought in state courts shall be in Pinellas County,
Florida. Venue for any action brought in Federal Court shall be in the Middle District of
Florida, Tampa Division.
G. Headings. The paragraph headings are inserted for convenience and
reference only, and in no way define, limit, or otherwise describe the scope or intent of
any provisions hereof.
H. Counterparts. This Agreement may be executed in one or more
counterparts, any one of which need not contain the signatures of more than one party,
but all such counterparts taken together will constitute one and the same instrument.
I. Mutual Drafting. This Agreement is the product of mutual drafting,
each party having been represented by or having the opportunity to be represented by
counsel, and therefore shall not be construed against either party.
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J. Due Authority. Each party to this Amendment represents and warrants to
the other party that (1) they are duly organized, qualified, and existing entities under the
laws of the State of Florida, and (ii) all appropriate authority exists so as to duly
authorize the persons executing this Amendment to so execute the same and fully bind
the parties on whose behalf they are executing.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be
executed by their duly authorized representatives on the day of
, 20
COUNT +' SIDE C `' 1 : IAN A DE Y AND PRESCHOOL
Print:
gt,v
Title: 5-k-))..) J0 r
0121:5
STS
ountersigned:
CITY OF CLEARWATER, FLORID
By:
Brian J. Aungst, Sr.
Mayor
ennifer Poirrier
City . • er
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See Following
Page
Signature Page — Agreement between the City of Clearwater and Countryside Christian
Academy and Preschool — Police Safety Officer Program
Countersigned: CITY OF CLEARWATER, FLORIDA
Brian J. Aun
Mayor
Approved as to form:
elissa Isabel
Assistant City Attorney
By:
Jen • irrier
City Manager
Attest:
Rosemarie CaII
City Clerk
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