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Home My WebLink AboutExhibitMemorandum of Understanding School Based Law Enforcement Officers THIS AGREEMENT, made and entered into this day of , 2019, 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 2019-2020 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. 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. For the School Board's Fiscal Year 2019-2020 the School Board shall provide the City with funding in the amount of Seventy Thousand Three Hundred Thirty -Seven and 00/100 Dollars ($70,337.00) per School for which an SBLEO is assigned as indicated in the chart below. 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 # SCHOOL/FACILITY NAME ADDRESS 0801 CITRUS GROVE ELEMENTARY 2121 NW 5 STREET 0841 COCONUT GROVE ES 13351 MATILDA STREET 0881 COMSTOCK ELEMENTARY 2420 NW 18 AVENUE 1601 EDISON PARK K-8 CENTER 1500 NW 67 STREET 2351 ENEIDA MASSAS HARTNER ELEMENTARY 1401 NW 29 STREET 1801 I FAIRLAWN ELEMENTARY 1444 SW 60 AVENUE 1361 FREDERICK DOUGLASS ELEMENTARY 314 NW 12 STREET 2501 HOLMES ELEMENTARY 1175 NW 67 STREET 7033 LAW ENFORCEMENT OFFICERS MEMORIAL HIGH 1300 NW 2ND AVENUE 0111 MAYA ANGELOU ELEMENTARY 11850 NW 32 STREET 7901 NEW WORLD SCHOOL OF THE ARTS 25 NE 2ND STREET 4171 I ORCHARD VILLA ELEMENTARY 5720 NW 13 AVENUE 5931 I PHILLIS WHEATLEY ELEMENTARY 11801 NW 1 PLACE 3431 PHYLLIS R MILLER ELEMENTARY 1840 NE 87 STREET 4681 RIVERSIDE ELEMENTARY 1190 SW 2 STREET 5001 SHENANDOAH ELEMENTARY 1023 SW 21 AVENUE 5321 SOUTHSIDE ELEMENTARY 145 SW 13 STREET Tota 1 117 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. 2 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. All reports generated in conjuncture with this term must be categorized as "Assist other Agency." Term of the MOU Such activities are fully described herein for a term concurrent with the School Board's Fiscal Year 2019-2020, which commences on July 1, 2019 and expires one (1) year thereafter on June 30, 2020. 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. 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. 4 IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed on their behalf as of the date of this Agreement: THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA CITY OF MIAMI BY: BY: Alberto M. Carvalho, Date Superintendent of Schools or Designee Dr. Emilio T. Gonzalez, City Manager SUBMITTED BY: ATTEST: Date BY: BY: Edwin Lopez, MDSPD Date Todd B. Hannon, Date Chief of Police City Clerk APPROVED AS TO FORM AND LEGAL APPROVED AS TO FORM AND SUFFICIENCY AS TO THE SCHOOL BOARD CORRECTNESS: BY: BY: Assistant School Board Attorney Date Victoria Mendez, Date City Attorney APPROVED AS TO INSURANCE REQUIREMENTS: BY: Ann -Marie Sharpe, Date Risk Management Director OFFICE OF RISK AND BENEFITS CITY OF MIAMI POLICE MANAGEMENT BY: BY: Michael G. Fox, Date Jorge Colina, MPD Date Risk and Benefits Officer Chief of Police 5