The URL can be used to link to this page

Home My WebLink AboutBack-Up DocumentsMemorandum of Understanding School Based Law Enforcement Offic MAY 1•0 2019 LEGISLYTInN DETAI THIS AGREEMENT, made and entered into this day of 0 , 201@, 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 (1/10U") 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 en orientation for SBLEOs that will include information pertaining, but not limited to, MDCPS policies and procedures, lockdown 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. 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 SBLE0s. 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 Section 1006.12 by December 31, 2018, Law Enforcement Agencies may request an extension to fulfill the required course and training from the PVIDSPD 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, 3 The School Board shall provide the City with funding in the amount of Eight Thousand Seven Hundred Seventy -Two and 00/100 Dollars (S8,772.00) 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 ($35,088.00), subject to the provisions of the "Term of MOU" paragraph below per "SCHOOL/FAULITY 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 IMOLJ 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. SITE TYPE SCHOOL/FACILITY NAME 191 K-8 1 ADA MERRI1T K-8 CENTER AUBURNDALE ELEMENTARY 0801 1 ES f CITRUS GROVE ELEMENTARY 0841 ES COCONUT GROVE ES 0881 ES COMSTOCKELEMENTARY 1121 K-8 CORAL1NAY K-8 CENTER 1501 K-8 EDISON PARK K-8 CENTER 2351 ES ENEIDA MASSAS HARTNER ELEM ENTARY 1801 J ES FAIRLAWN ELEMENTARY 5561 1 ES FRANCES S TUCKER ELEMENTARY 1361 ES FREDERICK DOUGLASS ELEMENTARY 1881 ES HENRY M FLAGLER ELEMENTARY ADDRESS 60 SW 3 STREET 2121 NW 5 STREET 3351 MATILDA STREET 2420 NW 18 AVENUE 1950 SW 13 AVENUE 401 NW 29 STREET 444 SW 60 AVENUE 3500 DOUGLAS ROAD 314 NW 12 STREET 5222 NW 1 STREET TVIPDSBLEO ASSIGNED (INITIAL) 2 2501 ES HOLMES ELEMENTARY 7005 3021 2651 ES KENSINGTON PARK ELEMENTARY 2781 ES KINLOCH PARK ELEMENTARY 7033 0081 0111 3 01 7901 HS-NC ES HS-NC ES S K-8 HS-NC 4171 d ES Itech @ THOMAS A. EDISON EDUCATION CENTER JESSEJ. MCCRARY, JR. ELEMENTARY LAW ENFORCEMENT OFFICERS MEMORIAL HIGH LENORA BRAYNON SMITH ELEMENTARY IMAYA ANGELOU ELEMENTARY MORNINGSIDE K-8 ACADEMY NEW WORLD SCHOOL OF THE ARTS ORCHARD VI LA ELEMENTARY 1441 K-8 PAUL L DUNBAR K-8 CENTER 5931 S W 3431 ES PHILLI HEATLEY ELEMENTARY ES PHYLLIS R MILLER ELEMENTARY 4681 1 ES 4841 ES RIVERSIDE ELEMENTARY SANTA CLARA ELEMENTARY 4961 ES SHADOWLAWN ELEMENTARY 5001 1 ES 5041 532.1, 3051 ES ES SHENANDOAH ELEMENTARY SILVER BLUFF ELEMENTARY SOU T HSIDE ELEMENTARY TOUSSAINT L'OUVERTURE ELEMENTARY NW 67 STREET 6101 NW 2 AVENUE 514 NW 77 STREET 711 NW 30 AVENUE 4275 NW 1 STREET 300 NW 2ND AVENUE i 4700 NW 12 AVENUE J 850 NW 32 STREET 6620 NE 5 AVENUE 25 NE 2ND STREET 5720 NW 13 AVENUE NW 20 STREET 1801 NW 1 PLACE 840 NE 87 STREET 190 SW 2 STREET 051 NW 29 TERRACE 149 NW 49 STREET 1023 SW 21 AVENUE 2609 SW 25 AVENUE 45 SW 13 STREET 120 NE 59 STREET TOTAL: 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. 33 Notifications When the SBLEO leams 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 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 ali 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 @imitations of Florida Statutes Section 76828, 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 COUNT LQRIDA BY - Alberto Supe endent of Schools or Designee SUBMITTED BY: BY: /43( Edwin Lopez, MDSPD Chief of Police BY: Assistant Date / Date APPROVE D TO, FORM AN p LEGAL $uf:FkcjENoy...As TQT11g:a..171q0L.}3q*Rp :CrONTINGENT.0 ON EXECUTION .0E-WAIVER d Attorney 1 ihs'e /3 OFFI E OF RISK AND /2EFITS MANAGEE BY: VIT 41McheJ , F6x, Risk and Benefits Officer bate CITY OF MAMI BY: Francis- vier Sitarez Mayor Date APPROVED AS TO FORM AND LEGAL SUFFCIENCY AS TO LAW ENFORCEMENT 11 AGENCY BY: ./ Victorja Mend City Attorney Jo e C na of Police 5 Memorandum of Understanding School Based Law Enforcement Officers CITY OF , a FloridaM1prucjpa1 Corporation By: 7VV./ Date: Emilio T. Go alez, Attest: Approved as to Form and Correctness: By: Vi oria M4ndez, City Atto Approved asito Ins ance/R quirem.ents: By: / Ann-lvlarielSlaaipe, irector of Risk Management Date: Date: Date: 11'11/ 11VJ1L 1 31ki IN vviiu,Ps.1 iiurt.. 1-age 1 of 2 14444:44C,Rjrori, Miami FL Resolution R-19-0417 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING, IN SUBSTANTIALLY THE ATTACHED FORM, TO ACCEPT FUNDS FROM THE SCHOOL BOARD OF MIAMI-DADE COUNTY ("SCHOOL BOARD") BY AND ON BEHALF OF THE MIAMI-DADE SCHOOLS POLICE DEPARTMENT ("MDSPD") AND ALLOCATE FUNDS IN THE POLICE GENERAL FUND ACCOUNT NUMBER 00001.100101.514000.0.0 FOR THE PROVISION OF SCHOOL -BASED LAW ENFORCEMENT OFFICERS TO SEVENTEEN (17) PUBLIC SCHOOLS LOCATED IN THE CITY OF MIAMI'S ("CITY") JURISDICTION IN THE AMOUNT OF $70,337.00 PER SCHOOL, FOR A TOTAL OF $1,195,729.00, WITH NO MATCHING FUNDS REQUIRED FROM THE CITY; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE TO EXECUTE ANY OTHER NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID FUNDS. Information Department: Department of Police Sponsors: Category: Other Attachments Agenda Summary and Legislation 6398 Exhibit 6398 Pre -Legislation Financial Impact $1,195,729.00 (No matching funds) General Account No: 00001.190101.514500.0.0 Body/Legisiation WHEREAS, there continues to be the possibility of criminal activity conditions which are, or likely to be, beyond the control of the services, personnel, equipment, or facilities of the School Board of Miami -Dade County ("School Beare) and/or the Miami -Dade Schools Police Department (MDSPD'); and WHEREAS, it is in the best interest and advantage of the City of Miami ("City') and the School Board to take a proactive approach in protecting the integrity of our schools within the City's 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, pursuant to Resolution No. 19-0046 adopted on January 24, 2019, the City and the School Board entered into a Memorandum of Understanding ("MOW) to assign a Miami Police Department (1MPD") officer at thirty-three (33) School Board public schools for the duration of the 2018-19 school year; and WHEREAS, the School Board and the City wish to enter into another MOU to assign a MPD officer at each of seventeen (17) School Board public schools located in 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 2019- 2025 school year; and WHEREAS, pursuant to the proposed MOU, the City agrees and provides assurances that the funding provided by the School Board will exclusively be utilized to assign school -based law enforcement officers; and WHEREAS, there are no matching funds required from the City; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and Endings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2 The City Manager is authonzedl to execute the MOU, in substantially the attached form, to accept funding from the School Board by and on behalf of the MDSPD in an amount not to exceed $1,195,729.00 for the provision of school -based law enforcement officers at seventeen (17) public schools located within the Ctys jurisdiction in the amount of $70,337.00 per school. Section 3. The City Manager is further autharized[ij to designate the Chief of Police to execute any other necessary documents, at in forms acceptable to the City Attorney, in order to implement the acceptance of said funds. http://miamifLigni2.corn]CitizensiDe ail_LegiFile aspx?ID-6398&highlio-htTe =6398 11/4/2019 Page 2 of 2 L-k. nit NJ1t.) IN I 14 Al 1 AU1-1,.. Section 4 This Resolution shall became effective immediately upon its adoption and signature of the Mayor[21 RESULT, MOVER, SECONDER: A TESS la; 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 Cede provisions. RI If the Mayor does nal sign this Resolution, it shall become effective et the End of ten (10) calendar days from the date it was passed and adopted If the Mayor vetoes this Resolution, 1shell become effective immediately upon override of the veto by the Crty Commission Meeting History Sep 26, 2019 9:00 AM City Commission Nanning and Zoning RESULT: NO ACTION TAKEN Oct 24, 2019 9:00 AM City Planning and Zoning Commission ADOPTED E UNANTI4OLIS] Joe Carnild, CorranieNener, District Three Nlanst Reyes, Corno,Issioner, DlVelut Four Ken Russel, Wifrede (Willy) Com Joe Carells Kemple Reyes, Keen Mardernon ti Draft Next: HI/24/201S 9:00Am p. Draft http://miamill.icim2.corn/Citizens/Detail_LegiFile.aspx?ID=6398&highlightTerms=6398 11/4/2019