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R21-095 1 RESOLUTION NO. R21-095 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE CITY 5 MANAGER TO SIGN A SECURITY AGREEMENT AND 6 ADDENDUM CONCERNING STUDENT INFORMATION 7 BETWEEN THE CITY OF BOYNTON BEACH AND THE 8 SCHOOL BOARD OF PALM BEACH COUNTY TO PROVIDE 9 LAW ENFORCEMENT AGENCY OFFICERS AT SCHOOLS 10 WITHIN BOYNTON BEACH WHILE THE SCHOOL 11 DISTRICT WORKS TO HIRE ADDITIONAL FULL-TIME 12 SCHOOL POLICE OFFICERS; AND PROVIDING AN 13 EFFECTIVE DATE. 14 15 16 WHEREAS, in light of the Marjory Stoneman Douglas High School tragedy and 17 the enactment of amendments to Florida Statute 1006.12 Safe-school officers at each public 18 school on March 9,2018, it is the intent of both parties to work collaboratively to ensure a 19 law enforcement presence at each District-operated Palm Beach County school; and 20 WHEREAS, the City of Boynton Beach commits to providing Law Enforcement 21 Agency Officers at schools, through the use of extra duty assignments, while the School 22 District of Palm Beach County Police Department works to hire additional full-time school 23 police officers to staff a minimum of one school police officer at every non-charter District- 24 operated school; and 25 WHEREAS,the agreement is temporary in nature until the school district can hire 26 full-time officers. 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 28 OF THE CITY OF BOYNTON BEACH,FLORIDA,THAT: 29 30 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 31 being true and correct and are hereby made a specific part of this Resolution upon adoption 32 hereof. S:\CA\RESO\Agreements\Agreement With PBC School Board For Security(2021) -Reso.Docx 33 Section 2. The City Commission approves and authorizes the City Manager to 34 sign a Security Agreement and Addendum regarding Student Information between the City 35 of Boynton Beach and the School Board of Palm Beach County, Florida to provide Law 36 Enforcement Agency Officers at schools within Boynton beach while the School District 37 works to hire additional full-time school police officers, a copy of the Agreement and 38 Addendum are attached hereto as Exhibit"A". 39 Section 3. This Resolution shall become effective immediately upon passage. 40 PASSED AND ADOPTED this 3rd day of August,2021. 41 CITY OF BOYNTON BEACH,FLORIDA 42 43 YES NO 44 45 Mayor-Steven B. Grant ✓ 46 47 Vice Mayor-Woodrow L. Hay ✓ 48 49 Commissioner-Justin Katz 50 51 Commissioner-Christina L. Romelus 52 53 Commissioner-Ty Penserga 54 55 56 VOTE 9 -� 57 ATTEST: 58 59 / + 60 ! /A//L/����./w 61 Tammy Sta •one 62 Deputy City Clerk 63 64 65 (Corporate Seal) k(1 1.S .t l . d• 11)'.).O 1 : • S:\CA\RESO\Agreements\Agreement With PBC School Board For Security(2021) -Reso.Docx R21-095 Security Agreement Between The School Board of Palm Beach County, Florida and the City of Boynton Beach, Florida THIS AGREEMENT, made and entered into this (o day of .�G��� 2021 , by and between The School Board of Palm Beach County, Florida, a political subdivision of the State of Florida (also referred to as "Palm Beach County School District" or "PBCSD" or "Requesting Agency" ), whose principal place of business is 3300 Forest Hill Blvd, West Palm Beach, Florida 33406, hereinafter referred to as PBCSD, and the City of Boynton Beach, Florida, whose principal place of business is PO Box 310, Boynton Beach, Florida 33425, (referred to as "CITY" or "Law Enforcement Agency". As authorized by the Palm Beach County Law Enforcement Agencies Combined Operational Assistance and Voluntary Cooperation Mutual Aid Agreement ("Mutual Aid Agreement") entered into in 2021 , which terms, conditions, and provisions are hereby incorporated, the parties enter into this Agreement for the Law Enforcement Agency to provide municipal police officers on non-charter public school campuses. The municipal police officers, acting under this Security Agreement, shall have the same powers and authority as school safety officers while acting under the Mutual Aid Agreement. This Security Agreement is not intended to modify the terms and conditions of the Mutual Aid Agreement, which shall remain in full force and effect. Article I: Purpose In light of the Marjory Stoneman Douglas High School tragedy and the enactment of amendments to Florida Statute 1006.12 Safe-school officers at each public school on March 9, 2018, it is the intent of both parties to work collaboratively to ensure a law enforcement presence at each District-operated Palm Beach County school. Law Enforcement Agency commits to providing Law Enforcement Agency Officers ("LEAO"s) at schools, with the use of assignments or off-duty details as determined by the CITY, while the School District of Palm Beach County Police Department ("SDPBCPD") works to hire additional full-time school police officers to staff a minimum of one school police officer at every non-charter District-operated school. Article II — Responsibility of Law Enforcement Agency The Law Enforcement Agency will be responsible for coordinating CITY LEAOs assignments or off-duty details to provide security services at agreed upon schools, upon request by the SDPBCPD. In accordance with Section 6G of the Mutual Aid Agreement, Law Enforcement Agency will invoice SDPBCPD for the hourly cost of each LEAD at the agreed upon rate provided in Exhibit A. In the event of a fee dispute between the parties, the Law Enforcement Agency shall continue to provide the services under this Agreement while the dispute is being resolved. The PBCSD will pay the invoiced amount, even if disputed, subject to adjustment when the dispute is resolved. If the dispute is not resolved 1 Qualifications for Assignment 1. To comply with the provisions of F.S. 1006.12(2), LEAOs assigned will have undergone criminal background checks, drug testing and a psychological evaluation and be certified law enforcement officers, as defined in F.S. 943.10(1), and must be employed by the Law Enforcement Agency as defined in F.S. 943.10(4). The powers and duties of the LEAO shall continue throughout the LEAO's assignment at a school. 2. Assigned LEAOs shall abide by District School Board policies and shall consult with and coordinate activities through the school principal, but shall be responsible to the Law Enforcement Agency in all matters relating to employment, subject to this Agreement. 3. Law Enforcement Agency will ensure LEAOs assigned have completed SDPBCPD online orientation training prior to assignment to a school. Additional training may be required by the PBCSD. Roles and Responsibilities of Law Enforcement Agency Officers 1. LEAOs will report to assigned school one-half hour prior to the start of school and will remain on campus for one-half hour after school. 2. The LEAO is to maintain a visual presence at the entrance to the school at arrival and dismissal times and shall move throughout the school during the school day, checking access/egress points and overall security of campus. 3. The LEAO will act as first responder to any acts of violence that threaten students, staff or parents on the school campus and will call for assistance when needed. 4. Non-criminal violations of student conduct are the responsibility of school administrators. The services performed by the LEAD under this Agreement are to respond to matters pertaining to student safety, not to enforce school discipline or punish students. The LEAO shall not be involved in any situation that can be safely and appropriately handled by the District's internal disciplinary procedures. In the judgment of the LEAO, unless instructed otherwise by a school administrator, incidents involving public order offenses committed by students, including but not limited to disorderly conduct, disturbance/disruption of schools or public assembly, loitering, trespass, profanity, dress code violations and fighting that does not involve physical injury or a weapon shall be considered school discipline issues to be handled by school officials unless LEAD involvement is necessary to protect the physical safety of students or school personnel. 5. The LEAD shall communicate with students and/or parents in a language students and/or parents understand. If the LEAD representative does not speak the same language as the student/parent, the LEAD shall request from PBCSD an appropriate interpreter designated for such purposes. 6. The LEAD will cooperate and participate as necessary in the School Board's expulsion hearing process if requested by the Superintendent of Schools or his/her legal counsel. 7. LEAOs shall adhere to the Law Enforcement Agency's Standard Operating Procedures/General Orders (written policies). 2 8. The Law Enforcement Agency is responsible for conducting response to resistance investigations involving its LEAO. 9. School site administrators are responsible for all personnel at SDPBC school sites. As such, LEAOs must work cooperatively with school site administration. LEAOs must remain responsive to the chain of command within the Law Enforcement Agency and the LEAO's primary supervisor shall be designated by Law Enforcement Agency. 10.When the LEAD learns of an incident that requires him/her to take lawful action, the LEAO must report incident to SDPBCPD and school site administration immediately. School incidents garner significant media attention; therefore, it is imperative the SDPBCPD learn about such incidents from the LEAO in an expedited manner so SDPBCPD can make appropriate notification within the PBCSD. This does not preclude the LEAD from taking immediate and necessary action during exigent circumstances, The LEAO must also inform the school principal and/or designee of said action. 11.The LEAD shall wear the official Law Enforcement Agency uniform at all times while on duty at the school. 12.The LEAD agrees not to unlawfully discriminate against any student in any manner whatsoever on account of race, creed, color, age, sexual orientation, gender identity or expression, religion, handicap, national origin, or marital status. Article III — Responsibility of SDPBCPD The SDPBCPD will be responsible for providing a list of schools, calendar of school days and scheduled school times that require a LEAD be assigned. For purposes of this provision, authority is delegated to the PBCSD's Chief of Police, with approval of the PBCSD's Chief Operating Officer, to assign and modify, from time to time, the specific schools for which that LEA will provide LEAOs without further approval of the School Board. To assist Law Enforcement Agency with scheduling of LEAOs, SDPBCPD will provide Law Enforcement Agency reasonable notice of schools that need coverage. SDPBCPD is responsible for providing online orientation training that will include information pertaining, but not limited to, SDPBC policy and procedures, lockdown and evacuation procedures, and confidentiality expectations as they relate to State and federal law, and for tracking online course completions, and relaying completion information to the Law Enforcement Agency, prior to LEAOs being assigned to a school. SDPBCPD will verify invoices submitted and will submit to Accounting for prompt payment or notify Law Enforcement Agency of discrepancy within five business days of receipt. Article IV - Confidentiality of Student Information Law Enforcement Agency is subject to all School Board obligations relating to compliance with student records confidentiality laws. By signing this Agreement, Law Enforcement Agency acknowledges and agrees to comply with the Family Educational Rights and Privacy Act (FERPA) and all State and Federal Laws relating to the confidentiality of student records. 3 Law Enforcement Agency may receive student information. Since parental consent will not be obtained and Law Enforcement Agency has legitimate educational interests in the information. Law Enforcement Agency shall hereby be deemed a 'school official" in accordance with School Board Policy 5.50 and shall enter into the Addendum concerning student information (PBSD 2220) which is attached hereto and incorporated herein as Exhibit B. Article V - Dispute Resolution In the event of a conflict, the School Principal shall report the issue to the School Police Chief. The School Police Chief will then contact the LEAO's Chief of Police to determine a mutually agreeable resolution of the issue. Article VI - Term of the Agreement Such activities as described herein will commence on August 1, 2021, or upon signature of both parties, and expire two (2) years thereafter on July 31, 2023, unless terminated earlier as provided in Article XVI. With written consent of both parties, this Agreement may be renewed for additional one-year terms, not to exceed three additional one year terms. Article VII - Entire Agreement This Agreement contains the complete understanding and agreement of the parties. No stipulation, agreement or understanding shall be valid or enforceable unless contained in this Agreement. No representations or statements made by any employees, agents or representatives of either party shall be binding on either party as a warranty or otherwise, except as expressly set forth herein. Article VIII - Governing Law; Venue This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida. In the event of litigation, venue for any claim shall lie exclusively in a court of competent jurisdiction in Palm Beach County. All parties shall be responsible for their own attorneys' fees. Article IX - Written Notice Delivery Any notice required or permitted to be given under this agreement by one party to the other party shall be in writing and shall be given and deemed to have been given immediately if delivered in person to the recipient's address set forth in this section or on the date shown on the certificate of receipt if placed in the United States mail, postage prepaid, by registered or certified mail with return receipt requested, addressed to the receiving party at the address hereinafter specified. The address for the CITY is as stated above. Notice must be sent to the attention of the City Manager with a copy to the Chief of Police. The addresses for The School Board for all purposes under this agreement and for all noticed hereunder shall be: The School Board: The School Board of Palm Beach County, Florida Fulton-Holland Educational Services Center Attn: Michael Burke, Superintendent 3300 Forest Hill Blvd., Suite C-316 4 West Palm Beach, Florida 33406 With a copy to: The School Board of Palm Beach County, Florida Fulton-Holland Educational Services Center Palm Beach County School District Police Department Attn: Chief of Police 3300 Forest Hill Blvd., Suite C-110 West Palm Beach, Florida 33406 With a copy to: The School Board of Palm Beach County, Florida Fulton-Holland Educational Services Center The Office of General Counsel Attn: Shawntoyia Bernard, Esq. 3300 Forest Hill Blvd., Suite C-331 West Palm Beach, Florida 33406 Article X - Indemnification and Duty to Defend Subject to the limitations of Florida Statutes Section 768.28, the City agrees to indemnify, hold harmless, and defend PBCSD from and against any and all claims, suits, actions, damages, or causes of action arising out of the intentional wrongdoings or negligent acts of the Law Enforcement Agency and/or its LEAOs arising out of or in connection with the provisions of this Agreement. Subject to the limitations of Florida Statutes Section 768.28, PBCSD agrees to indemnify, hold harmless, and defend the City from and against any and all claims, suits, actions, damages, or causes of action arising out of the intentional wrongdoings or negligent acts of the PBCSD arising out of or in connection with the provisions of this Agreement Article XI - Waiver of Subrogation In the event of loss, damage or injury to Law Enforcement Agency and/or the Law Enforcement Agency property, Law Enforcement Agency shall look solely to any insurance or self-insurance in its favor without making any claim against the School Board. Law Enforcement Agency hereby waives any right to subrogation against the School Board of Palm Beach County, for loss, damage or injury within the scope of Law Enforcement Agency's insurance or self-insurance, and on behalf of itself and its insurer, waives all such claims against PBCSD. In the event of loss, damage or injury to PBCSD and/or the PBCSD property, PBCSD shall look solely to any insurance or self-insurance in its favor without making any claim against the City. PBCSD hereby waives any right to subrogation against the City for loss, damage or injury within the scope of PBCSD's insurance or self-insurance, and on behalf of itself and its insurer, waives all such claims against the City. Article XII -Worker's Compensation Law Enforcement Agency must comply with Chapter 440, Florida Statutes, worker's compensation and Employees' Liability Insurance with minimum statutory limits. Law Enforcement Agency waives all rights against PBCSD and its agents, officers, directors 5 and employees for recovery of claims for bodily injury to the extent these injuries are covered by the workers' compensation. Article XIII - Public Records Compliance Law Enforcement Agency shall: a. Keep and maintain public records that ordinarily and necessarily would be required by the PBCSD in order to perform the services to under this Agreement. b. Upon request from the PBCSD's custodian of public records, provide PBCSD with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if Law Enforcement Agency does not transfer the records to PBCSD. d. Upon completion of the Agreement, transfer, at no cost, to PBCSD all public records in possession of Law Enforcement Agency or keep and maintain public records required by PBCSD to perform the service, If Law Enforcement Agency transfers all public records to the Board upon completion of the Agreement, Law Enforcement Agency shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Law Enforcement Agency keeps and maintains public records upon completion of the Agreement, Law Enforcement Agency shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to PBCSD, upon request from PBCSD's custodian of public records, in a format that is compatible with the information technology systems of PBCSD. Failure of Law Enforcement Agency to abide by the terms of this provision shall be deemed a material breach of this Agreement. This provision shall survive any termination or expiration of this Agreement. IF THE CITY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO LAW ENFORCEMENT AGENCY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, HE OR SHE MUST CONTACT THE PUBLIC RECORDS MANAGEMENT COORDINATOR FOR THE SCHOOL DISTRICT OF PALM BEACH COUNTY AT 561-629-8585, PUBLICRECORDS@PALMBEACHSCHOOLS.ORG, OR 3300 FOREST HILL BLVD., SUITE C-110, WEST PALM BEACH, FL, 33406. In the event the Law Enforcement Agency receives a Public Records Request, within three (3) days of receipt, the Law Enforcement Agency shall forward the request and any responsive documents to PBCSD's Public Records Department at PUBLICRECORDS@PALMBEACHSCHOOLS.ORG and PBCSD will respond to the requestor. Article XIV - Inspector General In the event this agreement involves a purchase in accordance with Policy 6.14, Law Enforcement Agency agrees and understands that the PBCSD's Office of the Inspector 6 General ("Inspector General") shall have immediate, complete and unrestricted access to all papers, books, records, documents, information, personnel, processes (including meetings), data, computer hard drives, emails, instant messages, facilities or other assets owned, borrowed or used by Law Enforcement Agency with regard to the Agreement. Law Enforcement Agency's employees, vendors, officers and agents shall furnish the Inspector General with requested information and records within their custody for the purposes of conducting an investigation or audit, as well as provide reasonable assistance with the Inspector General in locating assets and obtaining records and documents as needed for investigation or audit relating to the Agreement. Furthermore, Law Enforcement Agency understands, acknowledges and agrees to abide by School Board Policy 1.092. Article XV -Waiver of Jury Trial Each of the parties hereto hereby knowingly, voluntarily, and intentionally waives the right either of them may have to a trial by jury in respect of any litigation based hereon, or arising out of, under or in connection with this agreement. Article XVI -Termination Each party reserves the right to terminate this Agreement without cause by giving ninety (90) days written notice to the other party. Notwithstanding the previous sentence, PBCSD may, with fourteen (14) days written notice to LEAO, assume full responsibility for providing security at specific schools and Law Enforcement Agency shall be relieved of the obligation to provide a LEAD for the specific school. If the Agreement is terminated for convenience as provided herein, PBCSD will be relieved of all obligations under said Agreement and PBCSD will only be required to pay that amount of the Agreement actually performed to the date of termination. REMAINDER OF PAGE LEFT BLANK 7 FOR THE SCHOOL BOARD OF PALM BEACH FOR THE CITY OF BOYNTON BEACH COUNTY, FLORIDA 1Da(e Frank A. BarbJr., Chairman LoriWerriere Pa e City Manager BY: 4/C Michael . Burke Date Superintendent of Schools or Designee qt, .. . s7g4w SUBMITTED BY: APPROVED AS TO FORM AND LEGAL SUFFICIENCY AS TO CITY C2V0 001,0 c•4 //1 Daniel C. Alexander Date City Att ney J s A. Cherof Date School Police Department Chief of Police APPROVED AS TO FORM AND LEGAL SUFFICIENCY AS TO THE SCHOOL BOARD Kimberly Hall Digsigned y ml Date:2021.08.09 itally b 10:48:35Ki -0berly4Hal'00' Office of General Counsel Date Attest BY: I 7//p Crys Gibson, MPA, MMC, City Clerk ate EXHIBIT A — RATE SCHEDULE EXHIBIT B — PBSD FORM 2220 Contract/Agreement Addendum Concerning Student Information 8 EXHIBIT A RATE SCHEDULE Hourly cost of LEO`s provided by City to PBCSD: $110.00 9 'P°D1 THE SCHOOL DISTRICT OF PALM BEACH COUNTY X Contract/Agreement Addendum � 1 • Concerning Student Information ADDENDUM,Concerning Student Information,to the Contract/Agreement("the Contract")dated, between the school(named below)or The School Board of Palm Beach County,Florida(named below)and Vendor/Partner(named below). School or School Board The School Board of Palm Beach County,Florida Vendor or Partner City of Boynton Beach,Florida Pursuant to School Board Polioy 5.50, receipt of which is acknowledged by the Vendor's/Partner's signature below, the School Board of Palm Beach County,Florida(the"School Board")hereby designates(vendor/partner]("the Receiving Party")as an'other school official"for the purpose of receiving limited personally identifiable information from education records of students under the Family Education Rights and Privacy Act(20 U.S.C.s.1232g) and 34 C.F.R.s.99,31(a)(1)(i)(B),and sections 1002.22 and 1002.221,Florida Statutes,because the School Board recognizes the RecelVing Party has a legitimate educational interest in receiving this information in order to fulfill the Receiving Party's responsibilities for the school or School Board under the Contract.(All other terms of the Contract remain the same.) As a condition precedent to receiving personally identifiable information from education records of students, the Receiving Party warrants and agrees that the Receiving Party: 1. will limit the use of,or access to,personally Identifiable Information from education records of students to the limited scope of information actually needed to complete the Receiving:Party's duties andlor services under the Contract,The School Board has determined that the Receiving Party has a legitimate educational Interest In receiving only the following fields of student data,for example:name,grade-level,school attending, etc, (indicate fields of data requesting below);and Name,grade-level,school attending,disciplinary Information and other identifiable Information as necessary to provide the services under this Agreement,as determined by the School Board. 2. will limit the access to personally Identifiable information;from education records of students to its employees and/or agents who actually have a legitimate educational interest. in the information (I.e., they legitimately need to access the Information in order to fulfill the Receiving Party's responsibilities under the Contract);end 3. shall avoid, and shall Instruct applicable employees/agents to avoid, accessing personally identifiable information from education records of students, except for the legitimate purposes recognized under this Addendum, and shall require that all employees/agents accessing the data must be trained In,and sign an acknowledgement regarding,the confidentiality requirements;and 4. is under the direct control of the School Board with respect to the use and maintenance of education records;and 5. is subject to the requirements of 34 C.F.R.a.99.33(a)governing the use and redisclosure of personally identifiable information from an education record of a student,meaning the Receiving Party may disclose personally identifiable information from an education record only on the condition that the party to whom the information Is disclosed will not disclose the information to any other party without the prior consent of the parent or eligible student as those terms are defined in 34 C.F.R.s.99.3,and the officers,employees,and agents of a party that receives Information from the Receiving Party may use the Information,subject to the limitations described in paragraph 2 above,but only for the purposes for which the disclosure was made;and 6. shall not use any of the personally identifiable Information from education records of students that is received pursuant to this Addendum in violation of any applicable federal or state law,rile,regulation,or School Board policy;and 7, wit store and process personally identifiable information from education records of students In accordance with industry best practices. This Includes appropriate administrative,physical, and technical safeguards to secure personally Identifiable information from unauthorized access, disclosure, and use. Receiving Party will conduct periodic risk assessments and remediate any identified security vulnerabilities In a timely manner. Receiving Party will also have a written incident response plan, to include prompt notification of the School Board in the event of a security or privacy Incident,as well as best practices far responding to a breach of personally identifiable information. Receiving Party agrees to share Its incident response plan with the School Board upon request;and B. will dispose of all information disclosed to it by the school or the School Board (and any copies thereof), after the purpose for which the Information Is disclosed has been served,or five years after the receipt of the information(whichever is sooner), by shredding paper documents finely enough to prevent possible recovery of Information, and by totally erasing and over-writing(or physically destroying)any electronic media such as computer files,tapes,or diskettes,unless the Information in the possession of the Receiving Party constitutes a"record copy"required to be retained by the School District's Records Retention Schedule (available online at the District's Records Management website, http:Ii www.paimbeachschools.orglrecords/),in which case the Receiving Party will return the Information to the School Board rather than disposing of it. The parties acknowledge that the terms contained in this Addendum supersede any inconsistent terms in the Contract. IN WITNESS WHEREOF, the parties hereto have executed this Addendum: Legal Name of the Receiving Party The School (Vendor/Partner) City of Boynton Beach,Florida The School Board of Pain Bench County,Florida Vendor or Partner For the School Board of Palm Beach County, Florida 44, /t...c.c,e_ ?),1 i9-12g) Signature of person having authority to enter Date Si ature of person having au a 'ty to enter legally Date legally binding agreements on behalf of Receiving binding agreements on behal oft School or The PartyAASS School Board of Palm Beach ty,Florida. •P68132220(Rev.11117/2015) MAW. a Th to' cid' Exhibit# B Lf • ' CITY ATTORNEY