HomeMy WebLinkAboutPre-LegislationR-19-0046 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACH... Page 1 of 2
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) Scoot 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.comICitizensIDetail_LegiFile.aspx?ID=5366&highlightTerms=l9-0046 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
Tan 24, 2019 9:00 AM city
Commission Planning and Zoning
RESULT: ADOPTED [UNANIMOUS]
MOVER: Wifredo (willy) Gorq Commissioner, District One
SECONDER: Ken Russell, Commissioner, District Two
AYES: Ken Russell, Wifredo (Willy) Gort, loe Carolio, Manolo Reyes, Keen liardemon
http://miamifl.igm2.comICitizensIDetail LegiFile.aspx?ID=5366&highlightTerms=19-0046 8/14/2019
�Glh IVP!
MAY 10 2019
Memorandum of Understanding
School Based Law Enforcement Officers L LEG JSL,Ik7?t)qiL
THIS AGREEMENT, made and entered into this day of
,t I 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
(WOU") 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
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 ($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.
2
SITE
MPD SBLEO
LOC r
TYPE
SCHOOL/FACILITY NAME
ADDRESS ASSIGNED (INITIAL)
3191
K-8
ADA MERRITT K-8 CENTER
1660 SW 3 STREET I
0121
ES
AUBURNDALE ELEMENTARY
_
132_55 SW 6 STREET I
0801 I
ES
CITRUS GROVE ELEMENTARY
_
(2121 NW 5 STREET
0841
ES
CO CO NUT GROVE ES
-
13351 MATILDASTRE_ET__I
0881 I
ES
COMSTOCK ELEMENTARY
_
12420 NW 18 AVENUE
1121
K-8
CORAL WAY K-8 CENTER _
11950 SW 13 AVENUE
1601 I
K-8
EDISON PARK K-8 CENTER
1500 NW 67 STREET I
2351
ES
_ _
ENEIDA MA_SS_AS HARTNE_R_ELEMENTARY
_
1401 NW 29 STREET
1801
ES
FAIRLAWN ELEMENTARY
_
1444 SW 60 AVENUE
5561
_
ES
FRANCES S TUCKER ELEMENTARY
13500 DOUGLAS ROAD
1361
ES_
_
FREDERICK DOUGLASS ELEMENTARY_
l 314 NW 12 STREET
_
1881
ES
HENRY M FLAGLER ELEMENTARY
5222 NW 1 STREET
2
2501
ES
HOLMES ELEMENTARY
1175 NW 67 STREET
]tech @ THOMAS A. EDISON EDUCATION
7005
HS -NC
CENTER
6101 NSP! 2 AVENUE
3021
ES
JESSE J. MCCRARY, JR. ELEMENTARY
514 NW 77 STREET
2661
ES
KENSINGTON PARK ELEMENTARY
711 NW 30 AVENUE
2781 I
ES
KINLOCH PARK ELEMENTARY _
14275 NW_ 1 STREET I
LAW ENFORCEMENT OFFICERS
_
7033
HS -NC
MEMORIAL HIGH
300 NW 2ND AVENUE
0081
ES
_
LENORA BRAYNON SMITH ELEMENTARY
_
14700 NW 12 AVENUE I
0111
ES
MAYA ANGELOU ELEMENTARY
_
11850 NW 32 STREET
l
3501
K-8
MORNINGSID_E K-8 ACADEMY
_
1662.0 NE 5 AVENUE
7901 I
HS -NC
NEW WORLD SCHOOL OF THE ARTS
125 NE 2ND STREET
4171 I
ES
ORCHARD VILLA ELEMENTARY
15720 NW 13 AVENUE I
1441 I
K-8
PAUL L DUNBAR K-8 CENTER
_
505 NW 20 STREET I
5931 I
ES
_ _
PHILLIS WHEATLEY ELEMENTARY
_
11801 NW 1 PLACE
3431 I
ES
_
PHYLLIS R MILLER ELEMENTARY
1840 NE 87 STREET I
4681
ES
RIVERSIDE ELEMENTARY
_
11190 SW 2 STREET
4841_
ES
- _
SANTA CLARA ELEMENTARY
11051 NW 29 TERRACE
4961
ES
SHA_DOWLAWN ELEMENTARY
149 NW 4.9 STREET
5001
ES
_ _
SHENANDOAH ELEMENTARY
1023 SW 21 AVENUE I
5041 I
ES
SILVER BLUFF ELEMENTARY
_
2609 SW 25 AVENUE
5321 I
ES
SOUTHSIDE ELEMENTARY
145 SW 13 STREET
3051 I
ES
_ _
TOUSSAINT L'OUVERTURE ELEMENTARY
1120 NE 59 STREET I
-
-- - .- —
_
TOTAL: I 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.
19
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
COUNTYeFLORIDA
BY;
AI6 rmien2den�tof
l off— Date
S pe Schools or Designee
SUBMITTED BY: r
BY:
Edwin Lopez, MDSPD ! t Date
Chief of Police
APPROVED A -S TO FORM AND_LEGAL
SLIFFICIENCY AS TO THE SCHOOL BOARD
CONTINGENT -U ON EXECUTION OF WAIVER
BY: " 1 I fel
Assistant Wool rd A Corney I !Date
CITY OF MIAMI
L�
BY:
Fran cis--X6vi er Suarez Date
Mayor
AP,PROVED AS TO FORM AND LEGAL
SUFFICIENCY AS TRLAW ENFORCEMENT
AGE CY
BY:
VictorUL2 Mende '
City Attorney
OFFIOI='OF RISK �'ND BENEFITS MANAG�71 E T CITY OF IAM P�
BY: �f� I/ 11 - _ 7 �% BY: 13be
Michael ' .Fox, Risk and Benefits Officer Date Jo e C na
F of Police
Memorandum of Understanding
School Based Law Enforcement Oiiicers
CITY OF NIIANH, a Floridcipal Corporation
By: Date
Emilio T. Gonzalez, �ity'MAajer
Attest:
Date: d
Todd B. Hann C' Clerk '
Approved as to Form and Correctness:
By:
ViUoria M�ndez, City AttWey) J
Approved
U -In
Risk
ie"Sharpe, irector of
1*ement
ts:
Date: C�-
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