HomeMy WebLinkAboutExhibitMemorandum of Understanding
School Based Law Enforcement Officers
THIS AGREEMENT, made and entered into this day of
, 2018, 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, 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.
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
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 ($35,088.00),
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 30 AVENUE
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 ELEMENTARY
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 ELEMENTARY
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 UOUVERTURE 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: The School Board of Miami -Dade County, Florida
Attn: Alberto M. Carvalho, Superintendent
1450 NE 2nd Avenue, Suite 912
Miami, Florida 33132
With a copy to: The Miami -Dade Schools Police Department
Attn: Chief Edwin Lopez
3300 NW 27th Avenue
Miami, FL 33142
With a copy to: 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: Dr. Emilio T. Gonzalez
City Manager
City of Miami
444 S.W. 2nd Avenue, 10th Floor
Miami, FL 33130
With a copy to: 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 MOLI.
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
COUNTY, FLORIDA
BY:
Alberto M. Carvalho,
Superintendent of Schools or Designee
SUBMITTED BY:
BY:
Edwin Lopez, MDSPD
Chief of Police
CITY OF MIAMI
Date BY:
Francis Xavier Suarez Date
Mayor
Date
APPROVEDAS TO FORM AND LEGAL
SUFFICI75,
ENCY AS,TO THE SCHOOL BOARD
ONTI,NGENT UPON EXECUTION 01=.WAIVER
BY:
Assistant School Board Attorney Date
OFFICE OF RISK AND BENEFITS MANAGEMENT
BY:
Michael G. Fox, Risk and Benefits Officer Date
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY AS TO LAW ENFORCEMENT
AGENCY
BY:
Victoria Mendez Date
City Attorney
CITY OF MIAMI POLICE
BY:
Jorge Colina
Chief of Police
Date
Memorandum of Understanding
School Based Law Enforcement Officers
CITY OF MIAMI, a Florida Municipal Corporation
Date:
Emilio T. Gonzdlez, City Manager
Attest:
IM
Date:
Todd B. Hannon, City Clerk
Approved as to Form and Correctness:
Date:
Victoria Mendez, City Attorney
Approved as to Insurance Requirements:
Date:
Ann -Marie Sharpe, Director of
Risk Management
EXHIBIT(S)
School Safety Officer Cost
Revised December 18th 2018
County Reimbursement
No. Elementary Schools
School Board proposed reimbursement:
No. Elementary Schools
No. School Days
No. Hours
Hourly Rate
Cost of Drafting Officers on Overtime:
FICA
Original Assumption
$ 35,088.00
33
$ 1,157,904.00 (a)
33
180
8
$ 49.40
$ 2,347,488.00 (b)
$ 34,038.58
Difference $ (1,223,622.58) (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 $1.158M, 180k would be related to FY 18 which would account for
9 days in August and 19 days in September.
3) The number of school days in FY 19 is 122
194.93 Daily rate
28 no of schools day in FY17-18 (August and September)
5,458.13 Daily x number of FY17-18 days
33 Number of schools
180,118.40 Total related to FY17-18
180 total number of schools days
28 days related to FY17-18
152 school days in FY18-19
School Safety Officer Analysis -Revised