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HomeMy WebLinkAboutPre-LegislationR-19-0046 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACH... Page 1 of 2 Official wabsito of the City of Miami = ' Print This Page * amttuni A° Miami FL Resolution R-19-0046 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING ("MOU"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE SCHOOL BOARD OF MIAMI-DADE COUNTY ("SCHOOL BOARD"), BY AND ON BEHALF OF THE MIAMI-DADE SCHOOLS POLICE DEPARTMENT ("MDSPD") AND THE CITY OF MIAMI ("CITY"), FOR THE PROVISION OF SCHOOL BASED LAW ENFORCEMENT OFFICERS TO THIRTY-THREE (33) PUBLIC SCHOOLS LOCATED IN THE CITY OF MIAMI'S ("CITY") JURISDICTION AND TO ACCEPT FUNDS FROM THE SCHOOL BOARD, IN THE AMOUNT OF $35,088.00 PER SCHOOL FOR THE DURATION OF THE 2018-2019 SCHOOL YEAR, TOTALING $1,157,904.00, OF WHICH $180,118.40 OF THE TOTAL WILL BE APPLIED TO AUGUST AND SEPTEMBER OF CITY'S FISCAL YEAR ("FY") 2017-2018 BUDGET AND THE REMAINING BALANCE OF $977,785.60 IN FUNDING SHALL BE APPLIED TO THE CITY'S FY 2018-2019 BUDGET; AUTHORIZING THE CITY TO PROVIDE MATCHING FUNDS IN AN APPROXIMATE AMOUNT OF $1,088,465.85 FROM GENERAL FUND ACCOUNT NO. 00001.190101.514000, RESULTING IN AN APPROXIMATE TOTAL FISCAL IMPACT OF $2,246,369.85; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT SAID FUNDS, AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE TERMS OF THE MOU. Information Department: Department of Police Sponsors: Category: Other Attachments Agenda Summary and Legislation 5366 Exhibit Financial Impact $ 2,214,263 General Account No: 00001.190101.514000.0.0 Body/Legislation WHEREAS, there are the existing and continuing possibility of the occurrence of criminal activity conditions which are, or are likely to be, beyond the control of the services, personnel, equipment, or facilities of the School Board of Miami -Dade County ("School Board") and/or the Miami -Dade Schools Police Department ("MDSPD"); and WHEREAS, it is in the best interest of the City of Miami ("City') and the School Board to have a proactive approach to protecting the integrity of the schools within the City limits; and WHEREAS, the City and the School Board have the authority to provide a visible deterrent to crime and a safe learning environment for all students and staff; and WHEREAS, the School Board and the City wish to enter into a Memorandum of Understanding ("MOU") to assign a Miami Police Department ("MPD") officer at each of the thirty-three (33) Scool Board public schools located within the City's jurisdiction, and specifically listed in the MOU, to provide school -based law enforcement officers during school hours for the duration of the 2018-2019 school year; and WHEREAS, the School Board has available annual funds, in the amount of $35,088.00, for each of the thirty-three (33) School Board public schools located within the City's jurisdiction, totaling $1,157,904.00 in available funding from the School Board; and WHEREAS, pursuant to this MOU, the City agrees and provides assurances that the funding provided by the School Board will be exclusively utilized for the provision of at least one (1) MPD officer at each of the schools referenced therein to provide school -based law enforcement services; and WHEREAS, the City will provide the required match funding of approximately $1,088,465.85, in the form of a cash match, to cover the non -reimbursable hourly rate of assigning at least one (1) MPD officer at each of the thirty-three (33) School Board public schools located within the City's jurisdiction to provide school -based law enforcement officers during school hours for the duration of the 2018-2019 school year; and NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. http://miamifl.igm2.com/Citizens/Detail_LegiFile.aspx?ID=5366&highlightTerms=19-0046 8/14/2019 R-19-0046 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACH... Page 2 of 2 Section 2. The City Manager is authorized[1] to execute a MOU, in substantially the attached form, between the School Board, by and on behalf of the MDSPD, and the City, for the provision of school based law enforcement officers to thirty-three (33) public schools located in the City's jurisdiction and accepting funds from the School Board, in the amount of $35,088.00 per school for the duration of the 2018-2019 school year, totaling $1,157,904.00, of which $180,118.40 of the total will be applied to August and September of City's FY 2017-2018 budget and the remaining balance of $977,785.60 in funding shall be applied to the City's FY 2018- 2019 budget. Section 3. The City Manager is further authorized' to allocate matching funds, in an approximate amount of $1,088,465.85, from the General Fund Account No. 00001.190101.514000. Section 4. The City Manager is further authorized' to accept said funds, and to execute the necessary documents, in a form acceptable to the City Attorney, in order to implement the terms of this MOU. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.[2] [1] The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code provisions. [2] If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Meeting History Jan 24, 2019 9:00 AM City Commission Planning and Zoning RESULT: ADOPTED [UNANIMOUS] MOVER: Witredo (Willy) Gort, Commissioner, District One SECONDER: Ken Russell, Commissioner, District Two AYES: Ken Russell, Wifredo (Willy) Gort, Joe Carolio, Mande Reyes, Keen Hardemon http://miamifl.igm2.com/Citizens/Detail LegiFile.aspx?ID=5366&highlightTerms=19-0046 8/14/2019 REChiv to MAY 102019 Memorandum of Understanding School Based Law Enforcement Officers LEGISLA'?* DETAIL THIS AGREEMENT, made and entered into this day of -O Zr 1 , 201R, is between The School Board of Miami -Dade County, Florida, A political subdivision of the State of Florida ("The School Board"), by and on behalf of The Miami -Dade Schools Police Department ("MDSPD") and the City of Miami ("the City"), by and on behalf of the City of Miami Police Department MPD") (also referred to as "Law Enforcement Agency"). Intent It is the intent of both parties to enter in to this this Memorandum of Understanding ("MOU") to provide guidelines as to the roles and responsibilities of the Law Enforcement Agency and the MDSPD regarding the City's placement of MPD school - based law enforcement officers (SBLEOs) at Miami -Dade County Public Schools ("MDCPS"). SBLEO Orientation The MDSPD is responsible for providing an orientation for SBLEOs that will include information pertaining, but not limited to, MDCPS policies and procedures, Iockdown and evacuation procedures, and confidentiality expectations as they relate to state and federal law. Every SBLEO is required to attend the orientation class once prior to the start of the 2018-2019 school year. Roles and Responsibilities of SBLEOs 1. The primary mission of the SBLEOs is to support the MDSPD by providing a visible deterrent to crime and a safe learning environment for all students and staff. 2. Non -criminal violations of student conduct is the responsibility of school administrators. 3. The Law Enforcement Agency and the assigned SBLEO shall abide by state and federal law and School Board Policies, including The Family Educational Rights and Privacy Act (20 U.S.C. §1232g; 34 CFR Part 99) (otherwise known as "FERPA"), which requires all student information be kept confidential and not disclosed to any third party. Also, The Law Enforcement Agency agrees to act in compliance with Chapter 119 of Florida Statutes. 4. SBLEOs shall adhere to the Law Enforcement Agency's Standard Operating Procedures/General Orders (written policies). 5. The Law Enforcement Agency is responsible for conducting use of force investigations involving their SBLEOs. 6. SBLEOs are required to complete the SRO training course from the Florida Department of Law Enforcement ("FDLE") or the Florida Attorney General and the mental health crisis intervention training, as specified in Florida Statute 1 Section 1006.12 by December 31, 2018. Law Enforcement Agencies may request an extension to fulfill the required course and training from the MDSPD Chief of Police. 7. School site administrators are responsible for all personnel at MDCPS school sites. As such, SBLEOs must work cooperatively with school site administration. SBLEOs must remain responsive to the chain of command within their respective Law Enforcement Agency, and his/her primary supervisor shall be designated by the Law Enforcement Agency. 8. The School Board shall provide the City with funding in the amount of Eight Thousand Seven Hundred Seventy -Two and 00/100 Dollars ($8,772.00) per "SCHOOL/FACILITY NAME" in the below chart to which the City has agreed by way of initial in the corresponding column "MPD SBLEO ASSIGNED (INITIAL)" to assign a MPD SBLEO for each Quarter, as described more fully in the "Term of MOU" paragraph below, for a potential total funding for the 2018-2019 School Year of Thirty -Five Thousand Eighty -Eight and 00/100 Dollars (S35,088.00), subject to the provisions of the "Term of MOU" paragraph below per "SCHOOL/FACILITY NAME" in the below chart to which the City has agreed by way of initial in the corresponding column "MPD SBLEO ASSIGNED (INITIAL)" to assign a MPD SBLEO. The total funding provided to the City during the 2018- 2019 School Year shall not exceed one-third (1/3) of the School Board's total funding provided to all cities entering into a Memorandum of Understanding with the School Board for this purpose. 9. The City agrees that, during the term of the MOU, at least one (1) MPD SBLEO shall be present at each of the Schools to which the City has assigned a MPD SBLEO by way of initial in the below chart during the entirety of each school day. A "school day' is defined as a week day in which school is in regular session, and shall not include: recess days, legal holidays, teacher planning days or summer days. LOC # SITE TYPE SCHOOL/FACILITY NAME ADDRESS MPD SBLEO ASSIGNED (INITIAL) 3191 K-8 ADA MERRITT K-8 CENTER 660 SW 3 STREET 0121 ES AUBURNDALE ELEMENTARY 3255 SW 6 STREET 0801 ES CITRUS GROVE ELEMENTARY 2121 NW 5 STREET 0841 ES COCONUT GROVE ES 3351 MATILDA STREET 0881 ES COMSTOCK ELEMENTARY 2420 NW 18 AVENUE 1121 K-8 CORAL WAY K-8 CENTER 1950 SW 13 AVENUE 1601 K-8 EDISON PARK K-8 CENTER 500 NW 67 STREET 2351 ES ENEIDA MASSAS HARTNER ELEMENTARY 401 NW 29 STREET 1801 ES FAIRLAWN ELEMENTARY 444 SW 60 AVENUE 5561 ES FRANCES S TUCKER ELEMENTARY 3500 DOUGLAS ROAD 1361 ES FREDERICK DOUGLASS ELEMENTARY 314 NW 12 STREET 1881 ES HENRY M FLAGLER ELEMENTARY 5222 NW 1 STREET 2 2501 ES HOLMES ELEMENTARY 1175 NW 67 STREET 7005 HS-NC Itech @ THOMAS A. EDISON EDUCATION CENTER 6101 NW 2 AVENUE 3021 ES JESSE J. MCCRARY, JR. ELEMENTARY 514 NW 77 STREET 2661 ES KENSINGTON PARK ELEMENTARY 711 NW 30AVENUE 2781 ES KINLOCH PARK ELEMENTARY 4275 NW 1 STREET 7033 HS-NC LAW ENFORCEMENT OFFICERS MEMORIAL HIGH 300 NW 2ND AVENUE 0081 ES LENORA BRAYNON SMITH ELEM ENTARY 4700 NW 12 AVENUE 0111 ES MAYA ANGELOU ELEMENTARY 1850 NW 32 STREET 3501 K-8 MORNINGSIDE K-8 ACADEMY 6620 NE 5 AVENUE 7901 HS-NC NEW WORLD SCHOOL OF THE ARTS 25 NE 2ND STREET 4171 ES ORCHARD VILLA ELEMENTARY 5720 NW 13 AVENUE 1441 K-8 PAUL L DUNBAR K-8 CENTER 505 NW 20 STREET 5931 ES PHILLIS WHEATLEY ELEMENTARY 1801 NW 1 PLACE 3431 ES PHYLLIS R MILLER ELEMENTARY 840 NE 87 STREET 4681 ES RIVERSIDE ELEMENTARY 1190 SW 2 STREET 4841 ES SANTA CLARA ELEM ENTARY 1051 NW 29 TERRACE 4961 ES SHADOWLAWN ELEMENTARY 149 NW 49 STREET 5001 ES SHENANDOAH ELEMENTARY 1023 SW 21 AVENUE 5041 ES SILVER BLUFF ELEMENTARY 2609 SW 25 AVENUE 5321 ES SOUTHSIDE ELEMENTARY 45 SW 13 STREET 3051 ES TOUSSAINT L'OUVERTURE ELEMENTARY 120 NE 59 STREET TOTAL: 33 10.The City hereby agrees and provides assurances that the City will use the funding provided by the School Board exclusively toward its fulfillment of assigning SBLEOs to the Schools indicated and otherwise completing its performance under the MOU. Notifications When the SBLEO learns of an incident which requires him/her to take lawful action, the SBLEO must call 305-995-2677 (COPS) and report all such incidents. These incidents may garner significant media attention; therefore, it is imperative MDSPD learn about such incidents from the SBLEO in an expedited manner so MDSPD can make the appropriate notifications within the District. A MDSPD supervisor will advise the SBLEO if a MDSPD unit will respond to handle the call for service, or if the SBLEO is to proceed with the investigation. This will not preclude the SBLEO from taking immediate and necessary action during exigent circumstances. The SBLEO must also inform the school principal and/or designee of said action. Any other incident which may result in substantial media attention shall be reported by the SBLEO to MDSPD and school site administration. Term of the MOU Such activities are fully described herein for a term concurrent with the School Board's 3 First Quarter of the 2018-2019 School Year, which will commence on August 20, 2018 and will expire at the end of the school day on October 25, 2018, with the option of two (3) separate Quarter renewals during 2018-2019 School Year (Second Quarter — October 29, 2018 through January 17, 2019; Third Quarter — January 22, 2019 through March 22, 2019; and Fourth Quarter— April 1, 2019 through June 6, 2019) upon written agreement of the parties. Each party reserves the right to cancel this MOU without cause by giving thirty (30) days written notice to the other party. In the case of the County, the County Mayor or the Mayor's designee are authorized to cancel this MOU. • The addresses for The School Board for all purposes under this MOU and for all notices hereunder shall be: The School Board: With a copy to: With a copy to: The School Board of Miami -Dade County, Florida Attn: Alberto M. Carvalho, Superintendent 1450 NE 2nd Avenue, Suite 912 Miami, Florida 33132 The Miami -Dade Schools Police Department Attn: Chief Edwin Lopez 3300 NW 27th Avenue Miami, FL 33142 The School Board of Miami -Dade County, Florida The School Board Attorney's Office Attn: Walter J. Harvey, School Board Attorney 1450 NE 2nd Avenue, Suite 430 Miami, FL 33132 The addresses for the City for all purposes under this MOU and for all notices hereunder shall be: City of Miami: With a copy to: Dr. Emilio T. Gonzalez City Manager City of Miami 444 S.W. 2nd Avenue, 10th Floor Miami, FL 33130 Jorge Colina, Chief of Police Miami Police Department 400 N.W. 2nd Avenue Miami, FL 33128 Mutual Indemnification and Duty to Defend Each party to this MOU agrees to assume responsibility for the acts, omissions, or conduct of such party's own employees while participating herein and pursuant to this Agreement, subject to the provisions of Section 768.28, Florida Statutes, where applicable. "Assume responsibility" shall mean incurring any and all costs associated with any suit, action, or claim for damages arising from the performance of this MOU. 4 That is, subject to the limitations of Florida Statutes Section 768.28, the City agrees to indemnify, hold harmless and defend the School Board from and against any and all claims, suits, actions, damages, or causes of action arising out of the intentional wrongdoings or willful negligent acts of the City, the Law Enforcement Agency and/or its SBLEOs arising out of or in connection with the provisions of this MOU. Subject to the limitations of Florida Statutes Section 768.28, the School Board 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 willful negligent acts of the School Board's employees arising out of or in connection with the provisions of this agreement. THE SCHOOL BOARD OF MIAMI-DADE COUN Co IDA BY iY it q CITY OF MIAMI �� , BY: Alb.e-rto alho;----— i Date Sype , iiendent of Schools or Designee Francis -Xavier Suarez C.,/ Date Mayor SUBMITTED BY: r APPROVED AS TO FORM SUFFICIENCY AS TQLAW Et' f i \ AGENCY � AND LEGAL FIORCEMENT I I BY: ' �.,.s:... l;, l / Y Edwin Lopez, MDSPD Chief of Police APPROVED AS TO FORM AND LEGAL SUFFICIENCY: AS TO THE SCHOOL BOARD CONTINGENT-U ON EXECUTION OF WAIVER BY: H 1 {j i Date (l et BY: iljelitlr.--1�— i \ Victorja Mende ' City Attorney p �` J 1 Assistant Wool rd A torney I !Date - - OFFICE OF RISK ND BEfVEFITS MANAGE E T err I4 /a. BY: �/ 11 / CITY OF IAM P BY: \ , Michdel?. Fox, Risk and Benefits Officer ` Date Jo e C na of Police a e 5 Memorandum of Understanding School Based Law Enforcement Officers CITY OF MLA I, a Florida Mpnicipal Corporation By: /1 Date: Ci Emilio T. Gonzalez, ity'Manager Attest: C—By:Date: & 1 z+ Todd B. Han&J/SIVIClerk Approved as to Form and Correctness: By: ViG4oria M4ndez, City Atto Approved as, o Ins ancej' uirements: By: �J t //` f Date: Ann-Marie/Sharpe, Director of Risk Management Date: School Safety Officer Cost August 14th 2019 Original Assumption County Reimbursement $ 70,337.00 No. Elementary Schools 17 School Board proposed reimbursement: $ 1,195,729.00 (a) No. Elementary Schools 17 No. School Days 180 No. Hours 8 Hourly Rate $ 48.00 Cost of Drafting Officers on Overtime: $ 1,175,040.00 (b) FICA $ 17,038.08 © Difference $ 3,650.92 (a-b-c) Assumptions: 1) No. hours are related to 8 hours of overtime 2) The hourly rate is based on time and half 3) No. of School days accounts for one school year Revised Assumptions: December 18th 1) The hourly rate, is based on an average depending on which officer is assigned. 2) Of the $1.195M, 186k would be related to FY 19 which would account for 9 days in August and 19 days in September. 3) The number of school days in FY 20 is 122 School Safety Officer Analysis-FY2019 20