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Res. No. 178-08-12775RESOLUTION NO.: 178 -08 -12775 WHEREAS, the Mayor and City Commission of the City of South Miami desires to establish and maintain a high level of competent professional School Crossing Guard (SCG) services in conjunction and harmony with its fiscal policies of sound, economical management; and, WHEREAS, the City should have the flexibility to determine the level and deployment of SCG services and to establish service priorities; and, with the cooperation and recommendation from Miami -Dade County Public Schools, Department of Safety; and WHEREAS, the Miami -Dade Police Department (MDPD), Community Affairs Bureau (CAB) Pedestrian Safety Section (PSS) personnel should be responsive to the assigned schools, student pedestrian/cyclist and school support personnel, and should work cooperatively with school personnel and the City to ensure the safety of the students as they arrive and depart from school property; and WHEREAS, MDC has agreed to render to the City a continuing high level of professional service, and the City is desirous of contracting for such services upon the terms and conditions hereinafter set forth; and, WHEREAS, the parties' interest is to develop a long standing relationship in order to effectively serve the City, the applicable school(s) and its students; and, WHEREAS, MDC and the City would like to abide by the following principles: 1. MDPD, PSS should be responsive to the school and its pedestrian students of the City. 2. MDPD, PSS should work cooperatively with the City and school officials in a problem - solving mode to maintain the safety and welfare of student pedestrians. 3. MDC should provide at a reasonable cost, efficient, and high - quality training appropriate for SCG personnel. 4. MDC shall provide to the City for the term of the approved interlocal agreement, and any extensions thereof, competent professional SCG services with the stipulated elementary schools in the City to the extent and in the manner agreed upon by the parties. Res. No. 178 -08 -12775 WHEREAS, the Mayor and City Commission desire to approve the attached interlocal agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section l: The interlocai agreement attached hereto as exhibit one to this resolution is hereby incorporated by reference and approved by the city commission. Section 2: That this resolution shall take effect immediately upon approval. PASSED AND ADOPTED this, 6 t"day of November, 2008. ATTEST: VIII �&,� CLERK �:LaL_d/.fr READ AND • t �' l o� 7 APPROVED:((1 C- Ck J-) 9 MAYOR Commission Vote: 4-0 Mayor Feliu: Yea Vice Mayor Beasley: Yea Commissioner Wiscombe: absent Commissioner Palmer: Yea Commissioner Beckman: Yea too South Miami - ° Atl- AmericaC'sEB 2001 To: The Honorable Mayor Feliu and Members of the City Commission From: W. Ajibola Balogun, City Manager • -•� Date: November 6, 2008 Agenda Item No. Subject: Interlocal Agreement for School Crossing Guard Service ,'� ,,qtr ., +>ri �; fit,; A c��• �. ,F i �, Request: To enter into an interlocal agreement with Miami -Dade County and Miami -Dade County Police Department to provide School Crossing Guards to the City of South Miami. Reason/Need: There is a need for School Crossing Guards to provide for the safety of the students in their arrival and departure from the school(s) located within the City of South Miami, and to contract with Miami Dade County and Miami -Dade County Police Department to provide this service. before Funding Source: Account number 001-2100-519-3456 with a balance of $70,000.00 _► INTERLOCAL AGREEMENT BETWEEN MIAMI -DADE COUNTY AND CITY OF SOUTH MIAMI SCHOOL CROSSING GUARDS SERVICE THIS AGREEMENT, by and between the City of South Miami a municipal corporation organized and existing under the laws of the State of Florida, (Hereinafter referred to as "the City "), Mbn*Dade County, Florida (hereinafter referred to collectively as "MDC'), the Miami -Dade Police Department (hereinafter referred to as "MDPD "). WHEREAS, the City is desirous of establishing and maintaining a high level of competent professional School Crossing Guard (SCG) service in conjunction and harmony with its fiscal policies of sound, economical management, and WHEREAS, the City should have the flexibility to determine the level and deployment of SCG services and to establish service priorities; and, with the cooperation and recommendation from Miami -Dade County Public Schools, Department of Safety, and WHEREAS, the MDPD, Community Affairs Bureau (CAB) Pedestrian Safety Section (PSS) personnel should be responsive to the assigned schools, student pedestrian /cyclist and school support personnel, and should work cooperatively with school personnel and the City to ensure the safety of the students as they arrive and depart from school property, and, WHEREAS, MDC has agreed to render to the City a continuing high level of professional service, and the City is desirous of contracting for such services upon the terms and conditions hereinafter set forth, and WHEREAS, the parties' interest is to develop a long standing relationship in order to effectively serve the City, the applicable school(s) and its students; and WHEREAS, MDC and the City would like to abide by the following principles: 1. MDPD, PSS should be responsive to the school and its pedestrian students of the City. 2. MDPD, PSS should work cooperatively with the City and school officials in a problem - solving mode to maintain the safety and welfare of student pedestrians. 3. MDC should provide at a reasonable cost, efficient, and high - quality training appropriate for SCG personnel. 4. MDC shall provide to the City for the term of this Agreement, and any extensions of the term in accordance with the provisions of this Agreement, competent professional SCG services with the stipulated elementary schools in the City to the extent and in the manner agreed upon by the parties. NOW THEREFORE, in consideration of the following mutual obligations the parties agree as follows: PURPOSE AND INTENT MDC shall provide to the City competent, courteous, lawful, efficient and effective SCG services, as specified and for the term prescribed in this Agreement. The City will pay for, and cooperate with MDC in the provision of those professional services. The Whereas Clauses express the intent of the parties and are incorporated into this Agreement. ARTICLE 11 DEFINITIONS For the purposes of this Agreement, the following terms shall be defined as: Community Affairs Bureau (CAB) Major: Shall mean the MDPD Bureau Major who is responsible for overseeing the compliance with contractual stipulations and maintenance of quality service delivery. Personnel: Shall mean MDPD CAB and SCG personnel assigned to the City. School Crossing Guard (SCG): Shall mean certified civilian personnel, employed by MDPD, who are utilized to conduct departmentally- approved pedestrian and traffic safety programs in the area of public elementary schools. SCG's shall be equipped with all standard issued uniform and supplies as depicted in Exhibit A. SCG Unit: Shall mean the Departmental entity that reports to the CAB Major, which is responsible for coordinating pedestrian and traffic safety programs utilized to assist elementary school children in arriving and departing from schools in a safe manner. The SCG Unit is primarily responsible for providing assistance to all public elementary schools in unincorporated MDC and municipalities that contract services. Service: Shall mean comprehensive SCG patrol services provided each day of the regular academic year excluding summer sessions, except when elementary schools are not in session for whatever reason. Staffing Levels: Shall mean the number of SCG's assigned to and accepted by the City as they are listed in Exhibit B of this Agreement. The levels described in Exhibit B do not include staffing for SCGs during summer sessions. School Crossing Guard Interlocal Agreement Page 2 8/12/2008 S t a f f Schedules: S h a l l mean those schedules prepared by the CAB Major or his designee to appropriately deploy personnel to ensure appropriate resources are maintained each shift. Pedestrian Safety Section (PSS) (Supervisor): Shall mean a designated Supervisor who reports to the CAB Captain. The responsibilities include the supervision, evaluation, and direction of the daily activities of the Pedestrian Safety Project Coordinators, SCG Supervisors, SCGs, and a Secretary. City Officials: Shat man the council members, City Manager, City Attorney, and employees of the City. ARTICLE III SCHOOL CROSSING GUARD SERVICES MDPD shall provide SCG services, as set forth in this Agreement in accordance with Florida Statutes. 3.1 Without limiting the duty prescribed in the preceding paragraph, MDPD SCG personnel provide services during operational times of the regular public school year, not including summer sessions, Professional Development Days or Teacher's Workdays, Statutory Holidays, any other school holidays and when schools are closed. 3.2 The actual hours of service will be determined by the commencement and dismissal times of the schools identified in subparagraph 3.4. 3.3 Nothing in this contractual Agreement is intended to usurp the authority of MDPD policies and procedures. In addition, nothing herein is intended to usurp the authority of the City, its policies, procedures, and charter. 3.4 SCG services will be provided to the following locations: i. Ludlum Elementary 6639 Southwest 74 Street South Miami, Florida 33143 ii, South Miami Elementary 6800 Southwest 60 Street South Miami, Florida 33143 School Crossing Guard Interlocal Agreement Page 3 8/12/2008 ARTICLE IV CONSIDERATION 4.1 MDC will invoice the City for all of the actual costs of SCG services provided to the City since the beginning of the regular public school year commencing August 18, 2008. All payments are due no later than the 301" day from receipt of an invoice by the City. The quarterly invoices to the City will be for the City to reimburse MDC for the total actual costs of the SCG services provided including five (5) SCGs and the associated supervisory, vehicle and contract support fees. 4.2 Payment for services rendered for each contract year shall be based upon the level of service requested by the City pursuant to Article 7.2. Staffing in excess of the requested service level, listed in Exhibit B, shall require written authorization by the City Manager. The levels described in Exhibit B do not including staffing for SCGs during summer sessions. 4.3 The actual costs shall include direct supervisory and school crossing guard personnel salaries, plus all associated fringe benefits, applicable annual overhead, uniform, other general operating supplies, and standard support equipment. Exhibit D illustrates estimated annual cost based on FY 2008 -09 figures and will be updated in subsequent years if requested by the City. 4.4 Payment for the services provided by MDC for subsequent years shall be based upon the level of staffing services requested by the City Manager utilizing the actual costs of personnel and equipment. 4.5 Vehicle costs for FY 2008 -09 will be charged at the prorated flat rates shown in Exhibit D. At the beginning of subsequent fiscal years, the annual prorated flat rate for vehicles will be adjusted to reflect the updated costs at that time and the City will be billed accordingly. 4.6 A contract support fee will be charged on services provided to the city and may be adjusted and modified on a yearly basis. The current estimated costs for FY 2008 -09 are shown in Exhibit D. ARTICLE V COMMAND STAFF 5.1 The CAB Major shall, among other specified duties, act as liaison between the City and MDPD. School Crossing Guard Interlocal Agreement Page 4 8/12/2008 5.2 In the event the City becomes dissatisfied with the performance of the SCG program, speck concerns regarding performance should be discussed with the CAB Major to ascertain avenues of resolution and immediate remediation, if any. 5.3 MDPD agrees to act expeditiously and in good faith in resolving any problems experienced by the City. ARTICLE VI EMPLOYMENT RESPONSIBILITY 6.1 All SCG employees and other persons employed by MDPD in the performance of SCG services for the City shall be and remain MDC employees. 6.2 MDPD employees will continue to abide by MDPD policies and procedures established in the Departmental Manual and pertinent subordinate directives. 6.3 MDC is, and shall be, in the performance of all work, services and activities under this Agreement, an independent contractor and not an employee, agent or servant of the City. Nothing in this Agreement shall be construed to create an employment relationship between the City and any MDC employees. ARTICLE VII EMPLOYMENT: RIGHT OF CONTROL 7.1 MDPD shall have and maintain the responsibility and control of the services rendered, standards of performance, discipline of personnel, all personnel- related matters including but not limited to assigning new personnel, transfers, promotions and any other matters incident to the performance of the services, duties and responsibilities, as described and contemplated in this Agreement. Transfers may be made for promotional, career opportunity, at the request of the employee, or at the request of the CAB Major, or at the discretion of the Director of MDPD or designee. 7.2 Staffing levels are listed in Exhibit B of this Agreement, and may be modified, in consultation with the City Manager, by the CAB Major from time to time as needs arise. The level, degree, type of service and number of positions assigned to each service shall be determined by the City in consultation with MDPD. However, at no time shall the staffing level be less than the determined minimum number of requisite positions mutually agreed upon and reflected in School Crossing Guard Interlocal Agreement Page 5 8/12/2008 Exhibit C. 7.3 In the event the City Manager becomes dissatisfied with the performance of any personnel assigned to the City, the City Manager shall discuss the concems with the CAB Major. Upon request of the City Manager, the CAB Major may transfer or reassign personnel out of the City with the concurrence of the Director of MDPD or designee. The CAB Major will promptly address concerns expressed by the City Manager regarding performance of SCG personnel pursuant to this agreement. ARTICLE VIII EMPLOYMENT, AUTHORITY TO ACT 8.1 SCGs provide pedestrian and traffic safety assistance to elementary school children in arriving and departing from schools in a safe manner. 8.2 The PSS shall be authorized to direct the daily SCG operations in the City; effectuate the City's and MDPD's priorities; manage the delivery of SCG services, and ensure the SCG needs of the concerned school and City are adequately met. ARTICLE IX CLAIMS 9.1 MDC is a political subdivision of the State of Florida and has elected to provide a program to administer and resolve claims that would generally be covered by a contractual insurance carrier, subject to the provisions of Section 768.28, Florida Statutes. 9.2 During the term of this Agreement, MDC shall process any and all claims by any parties related to MDC's performance of services specified in this Agreement, subject to the limitations of S e c t i o n 768.28, Florida Statutes. ARTICLE X INDEMNIFICATION 10.1 To the extent permitted by law and as limited by Section 768.28, Florida Statutes, the City shall defend, indemnify and hold harmless MDC and its officers, employees, or agents from any and all liability, losses or damages, including attorneys' fees and costs of defense, which MDC or its. officers, employees, or agents may incur as a result of any claim, demand, suit, or cause of action or School Crossing Guard Interlocal Agreement Page 6 8/12/2008 proceeding of any kind or nature arising out of, relating to, or resulting from the negligent performance of this Agreement by the City, its employees, officers and agents. MDC shall promptly notify the City of each claim, cooperate with the City in the defense and resolution of each claim and not settle or otherwise dispose of the claim without the City's participation. 10.2 To the extent permitted by law and as limited by Section 768.28, Florida Statutes, MDC shall defend, indemnify and hold harmless the City and its officers, employees, or agents from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the City or its officers, employees, or agents may incur as a result of any claim, demand, suit, or cause of action or proceeding of any kind or nature arising out of, relating to, or resulting from the negligent performance of this Agreement by MDC, its employees, officers, and agents. The City shall promptly notify MDC of each claim, cooperate with MDC in the defense and resolution of each claim and not settle or otherwise dispose of the claim without MDC's participation. 10.3 The indemnification provisions of this Agreement shall survive termination of this Agreement for any claims that may be filed after the termination date of the Agreement provided the claims are based upon actions that occurred during the performance of this Agreement. ARTICLE XI TERMINATION AND REMEDIES 11.1 In the event the City intends to cancel, terminate, and /or independently contract with another provider of SCG Services, the City shall provide written notification of such intent to MDPD at least 45 days prior to the cancellation date. Upon the date of cancellation of this agreement, the City shall incur all costs and liabilities associated with providing a school crossing guard program, an independently contracted SCG program, or failure to provide any such program. 11.2 In the event that either party breaches a material term or condition of this Agreement, other than an event of default, the party in breach, upon receipt of a written request from the non> breaching party, shall remedy the breach within 30 days of receipt of the request. If the breach is not cured within the specked time period, the non - breaching party may utilize the remedies of declaratory judgment, specific performance, mandamus or injunctive relief to compel the breaching party to remedy the breach. School Crossing Guard Interlocal Agreement Page 7 8/12/2008 11.3 The parties reserve all available remedies afforded by law to enforce any term of condition of this Agreement. The parties shall submit to the dispute resolution procedures of Chapter 164, Florida Statutes, prior to the filing of any legal proceeding. ARTICLE XII OPTION TO RENEW 12.1 The parties shall meet no later than June 1, 2010, to negotiate the terms and conditions of any extension (the "Renewal Term ") to the Initial Term listed in Article XIII and shall conclude such negotiations no later than January 31, 2011, in order for both parties to anticipate budgetary considerations for fiscal year range. 12.2 In the event that the parties cannot.come to a mutual Agreement on the terms and conditions of the Renewal Term, this Agreement shall expire on the date specified in Article XIII. ARTICLE XIII Um This Agreement shall be effective beginning with the first day of the 2008/2009 Academic School year (August 18, 2008) and will expire upon completion of the last day of the 2010/2011 Academic School year, unless terminated earlier as specified in Article XI. ARTICLE XIV INDEPENDENT CONTRACTORS MDC, for the purposes of this Agreement, is and shall remain an independent contractor. ARTICLE XV AUTHORITY TO EXECUTE; NO CONFLICT CREATED 15.1 The County Mayor, by execution of this Agreement, represents to the City that he has full power and authority to make and execute this Agreement pursuant to the resolution of the County Commission. 15.2 The City Mayor, by the execution of this Agreement, represents to the MDC that the manager has full power and authority to make and execute this Agreement pursuant to the resolution of the City Council. School Crossing Guard Interlocal Agreement Page 8 8/12/2008 ARTICLE XVI AMENDMENTS This Agreement may be modified at any time during the term by mutual written consent of both parties. ARTICLE XVII NOTICE All required notices shall be given by first class mail, except that any notice of termination shall be mailed via U.S. Mail, return receipt requested. Notices shall be addressed to the parties at the following addresses: City: City Manager W. Ajibola Balogun City of South Miami 6130 Sunset Drive South Miami, Florida 33143 and City Attorney Nagin Gallop Figueredo City of South Miami 18001 Old Cutler Road Suite 556 Palmetto Bay, Florida 33157 MDC: County Manager George M. Burgess Miami -Dade County Stephen P. Clark Center 111 NW First Street Suite 2910 Miami, Florida 33128 and Director Robert Parker Miami -Dade Police Department 9105 NW 25 Street Miami, Florida 33172 School Crossing Guard Interlocal Agreement Page 9 8/1212008 and Office of the County Attorney Stephen P. Clark Center 111 NW First Street Suite 2810 Miami, Florida 33128 ARTICLE XVIII NON - ASSIGNABILITY Neither party shall assign any of the obligations or benefits of this Agreement. ARTICLE XIX ENTIRE AGREEMENT 19.1 The parties acknowledge, one to the other, that the terms of this Agreement constitute the entire understanding and Agreement of the parties regarding the subject matter of the Agreement. 19.2 The exhibits referred to and annexed to this Agreement are made a part of this Agreement. 19.3 If a court of competent jurisdiction renders any provision of this Agreement (or portion of a provision) to be invalid or otherwise unenforceable, that provision or portion of the provision will be severed and the remainder of this Agreement will continue in full force and effect as if the invalid provision or portion of the provision were not part of this Agreement. .. BINDING EFFECT This Agreement shall insure to the benefit of, and be binding upon, the respective parties' successors. Signature Page to Follow School Crossing Guard Interlocal Agreement Page 10 8/12/2008 ATTEST: By.C&O-'�'(? a /' Maria M. Menendez City Clerk LEGAL SUFFICIENCY: -------------- -___ --- L-ai igueredo City Attorney ATTEST: HARVEY RUVIN, CLERK C iteputy Clerk saN49N a'i H 3'` LEGAL SUFFICIENCY: LI C (: CITY OF SOUTH MIAMI, A municipal corporation .��� Mo ce Feliu, Mayor MIAMI -DADE COUNTY A political subdivision of the State of Florida By its Board of County Mayor School Crossing Guard Interlocal Agreement Page 11 8/12/2008 By County Attorney School Crossing Guard interlocal Agreement Page 12 8/12/2008 Exhibit A MIAMI -DADS POLICE DEPARTMENT UNIFORM AND EQUIPMENT FOR SCHOOL CROSSING GUARD Quantity authorized School Crossing Guard Supervisor Pair of shoes 5 . 1 Pairs of long pants (2) 5 1 Shirts with patches (5) 5 1 Jacket with patches 5 1 Name tag 5 1 Baseball cap 5 Safety vests (2) 5 1 Pair of mesh gloves 5 Whistle 5 1 Raincoat 5 1 Belt 5 1 School Crossing Guard Interlocal Agreement Page 13 8/12/2008 .fob Classification Quantity Pedestrian Safety Project Coordinator 1 SCG Supervisor 1 School Crossing Guard 5 Total 7 School Crossing Guard Interlocal Agreement Page 14 8/12/2008 �a o TIE CITE' OF SOUTH MIAMI Minimum Staffing assignments School Crossing Guard Staffing Job Classification Quantity Pedestrian Safety Project Coordinator 1 SCG Supervisor 1 School Crossing Guard 5 Total 7 School Crossing Guard Interlocal Agreement Page 15 8/12/2008 EXHIBIT D The City of South Miami School Crossing Guards Current Estimated Costs Projected FY 2008 -2609 Classification # Average Cost Adjustment Total School Crossing Guard 5 $ 10,649 $53,246 School Crossing Guard Supervisor 1 $ 46,133 29% $13,378 Pedestrian Safety Project Coordinator 1 $ 64,965 6% $3,898 SUB -TOTAL NON -SWORN 7 $70,523 Vehicles SCG Supervisor 1 $6,529 29% $1,893 Pedestrian Safety Project Coordinator 1 $6,529 6% $392 * SUB -TOTAL VEHICLES ----- — ----- ---- _- - - - - -> $2,285 SUB -TOTAL PERSONNEL ------------- - - - - -> $72,808 (Sworn, Non - Sworn, Vehicles) General Overtime 1 $2,000 6% $120 ** SUB -TOTAL (Overtime) __M_________— __— ______> $120 Subtotal w/ Overtime $72,928 Contract Support Fee -------- _— _-- ------- > $1,651 TOTAL $74,579 * % of 2 schools in South Miami vs. 7 Schools Assigned. ** % of 2 school in South Miami vs. 34 Schools Assigned Personnel costs includes the 4% COLA effective July 2006 The Contract Support Fee must be updated to correspond to the appropriate fiscal year. Personnel Cost include fringe, insurance, and uniform allowance (If Applicable) School Crossing Guard Interlocal Agreement Page 16 8/12/2008 idle ianni -1Dade ?oliee Department Fiscal Administration Bureau 9105 NW 25 Street, Room 3049 Dora], Florida 33172 (305} 471 -2520 City of South Miami Police Department 6130 Sunset Drive South Miami, Florida 33143 SouthMiamiOptional I PDR047000 - Optional Police Services I Optional Services /4th Qtr MM MMFI DELIVERY: PARTIAL ❑ COMPLETE n QUANTITY AND QUALITY RECEIVED AS BILLED DEPARTMENT HEAD DATE CENTRA —LS —ER —VI CES DATE FY 07/08 ► Total 0/30/2008 10,036.14 $10,036.14 dits $0,00 Fialance Due Customer Total Balance $10,036.14 PC 16I1MAI DADE POLICE DEPARTMENT FISCAL AND PLANNING BUREAU 9195 N.W. 25th Street, Room 3049 Miami, FL 33172 (305) 471 -2552 ` SILGTO CITY OF SOUTH MIAMI ATTN: MICHAEL S. MILLS, MAJOR 6130 SUNSET DRIVE SOUTH MIAMI, FLORIDA 33143 InvoR'ce GATE -- °INVOICE,# "." 1/22/20081 3575 Quarter 1 FY 2007 -2008 Subtotal 0% Tax 18,054.28 Miami -Dade Police Department Ni iscA Administration Bureau 9105 NW 25 Street, Room 3049 Dora], Florida 33172 (305) 471 -2520 City of South Miami Police Department 6130 Sunset Drive South Miami, Florida 33143 SouthMiamiOptional •� -�, ire sa . .� Invoice Optional Service DEPT: P.O. RED OPEN P.O.° DELIVERY: PARTIAL ❑ COMPLETE 0 QUANTITY AND QUALITY RECEIVED AS BILLED DEPARTMENT HEAD DATE 8/16/2008 14,709.20 CENTRAL SERVICES DATE � % 9 (a FY 07/08 Total $14,709.20 Payments /Credits $0.00 Balance Due - — $14,70920 Customer Total Balance $14,709.20 CD O O O Ce IV 04 s c w Nw 0 °m O bI 5°0 C U) 3 N C•rs CL 111 .0 W O .D. m W O ro 3 fD .do- X m ® O o m m m z y r 'O m z G r m m Z D j.. A Z 'U = p O m D O D m D CD 0 PD m 41 m m m n0 O � G m p z: Z > ti 1 cn m m Ti O Ja - _ m r 0 O Xu J OD w IV 04 s c w Nw 0 °m O bI 5°0 C U) 3 N C•rs CL 111 .0 W O .D. m W O ro 3 fD .do- RESOLUTION NO. 166-06-12307 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS; AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN MIAMI -DADE COUNTY, MIAMI-DADE COUNTY POLICE DEPARTMENT AND THE CITY OF SOUTH MIAMI FOR SCHOOL CROSSING GUARD SERVICES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission of the City of South Miami desires to establish and maintain a high level of competent professional School Crossing Guard (SCG) service in conjunction and harmony with its fiscal policies of sound, economical management; and, WHEREAS, the City should have and deployment of SCG services and to the cooperation and recommendation Schools, Department of Safety; and, i the flexibility! to determine the level establish service priorities; and, with from Miami -Dade County Public WHEREAS, the MDPD, Community Affairs Bureau (CAB) Pedestrian Safety Section (PSS) personnel should be responsive to the assigned schools, student pedestrian/cyclist and school . support personnel, and should work cooperatively with school personnel and the City to ensure the safety of the students as they arrive and depart from school property; and, WHEREAS, MDC has agreed to render to the City a continuing high level of professional service, and the City is desirous of contracting for such services upon the terms and conditions hereinafter set forth; and, WHEREAS, the parties' interest is to develop a long standing relationship in order to effectively serve the City, the applicable school(s) and its students; and, WHEREAS, MDC and the City would like to abide by the following principles: 1. MDPD, PSS should be responsive to the school and its pedestrian students of the City. 2. MDPD, PSS should work cooperatively with the City and school officials in a problem - solving mode to maintain the safety and welfare of student pedestrians. 3. MDC should provide at a reasonable cost, efficient, and high- Additions shown by underlining and deletions shown by evef, g. Res. No..166 -06 -12307 quality training appropriate for SCG personnel. 4. MDC shall provide to the City for the term of the approved interlocal agreement, and any extensions thereof, competent professional SCG services with the stipulated elementary schools in the City to the extent and in the manner agreed upon by the parties. WHEREAS, the Mayor and City Commission desire to approve the attached interlocal agreement. t Section 1. The interlocal agreement attached hereto as exhibit one to this resolution is hereby incorporated by reference and approved by' the city commission. i Section 2. This resolution shall take effect immediately upon approval- tl PASSED AND ADOPTED this �5 c ay of September, 2006. ATTEST- CITY CLEF READ-AND-APP . OVED TO FORM: Luis . igueredo, agin Gallop Figueredo, P.A. Office of City Attorney Page 2 of 2 APPROVED: G- �tMAYOlt } 1 COMl!'i.ISSION VOTE: 3 -0 Mayor Feliu: Yea Vice Mayor Wiscombe: Yea Commissioner Birts: absent Commissioner Palmer: absent Commissioner Beckman: Yea DATE: September 29, 2006 TO- Vincent A. Landis Chief of Police FROM: Nikki Payne l City Clerk's Office RE, Interlocal Agreement — School Crossing Guards Service Attached are three original Interlocal Agreements between the City and Miami -Dade County for School Crossing Guards Service, along with a copy of the resolution. The agreements need the signature of Miami -Dade County.. When the agreements are fully executed, please provide the clerk's office with an original. Thanks. South Miami A6�deaericaCifY N oa�oRAm CITY OF SOUTH MIAMI OR ID OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager(// Front: Vincent A. Landis, Chief of Pofice ` jt\) Reason: The Miami -Dade Police Department (MDPD) has been providing excellent school crossing. guard (SCG) service to the City of South , Miami for several years. MDPD provides five (5) school crossing guards (SCGs)- to' South Miami. Three are posted at Ludlam Elementary and two are near South Miami Elementary. Prior to the 2005/06 school year, the former City' administration was negotiating with MDPD to pay for the services and agreed to pay for services for that school year. Based on projections from MDPD and after analyzing zeyeuues expected from the countywide SCG ticket surcharge distribution program, $46,000 was budgeted. In July, 2006, MDPD requested payment of $96,148 for services rendered in the 2005/06 school year. Through negotiations, this amount has been reduced to $61,386 and the City is being credited with $22,311 that we would have - received from the distribution fund. This Ieaves a balance of $39,075 that is owed to MDPD:-, I am recommending that this amount be paid and that the City enter into the attached interloeal agreement for school crossing guard services. Back-up Documentation: Interlocal Agreement between Miami -Dade County and City of South Miami INTERLOCAL AGREEMENT BETWEEN MIAMI -DADE COUNTY AND CITY OF SOUTH MIAMI SCHOOL CROSSING GUARDS SERVICE THIS AGREEMENT, by and between the City of South Miami a municipal corporation organized and existing under the laws of the State of Florida, (hereinafter referred to as "the City "), Miami -Dade County, Florida (hereinafter referred to collectively as "MDC', the Miami -Dade Police Department (hereinafter referred to as "MDPD "). WHEREAS, the City is desirous of establishing and rnalntalning a high level of competent professional School Crossing Guard (SCG) service in conjunction and harmony with its fiscal policies of sound, economical management, and WHEREAS, the City should have the flexibility to determine the level and deployment of SCG services and to establish service priorities; and, with the cooperation and recommendation from Miami -Dade County Public Schools, Department of Safety, and WHEREAS, the MDPD, Community Affairs Bureau (CAB) Pedestrian Safety Section (PSS) personnel should be responsive to the assigned schools, student pedestrian /cyclist and school support personnel, and should work cooperatively with school personnel and the City to ensure the safety of the students as they arrive and depart from school property, and, WHEREAS, MDC has agreed to render to the City a continuing high level of professional service, and the City is desirous of contracting for such services upon the terms and conditions hereinafter set forth, and WHEREAS, the parties' interest is to develop a long standing relationship in order to effectively serve the City, the applicable school(s) and its students, and WHEREAS, MDC and the City Would like to abide by the following principles: 1. MDPD, PSS should be responsive to the school and its pedestrian students of the City. 2. MDPD, PSS should work cooperatively with the City and school officials in a problem - solving mode to maintain the safety and welfare of student pedestrians. 3. MDC should provide at a reasonable cost, efficient, and high - quality training appropriate for SCG personnel. 4. MDC shall provide to the City for the term of this Agreement, and any extensions of the term in accordance with the provisions of this Agreement, competent elementary schools in. upon by the parties. professional SCG services with the stipulated the City to the extent and in the manner agreed NOW THEREFORE, in consideration of the following mutual obligations the parties agree as follows: ARTICLE I PURPOSE AND INTENT MDC shall provide to the City competent, courteous, lawful, efficient and effective SCG services, as specified and for the term prescribed in this Agreement. The City will.pay for, and cooperate with MDC in the provision of those professional services. The Whereas Clauses express the intent of the parties and are incorporated into this Agreement. ARTICLE 11 DEFINITIONS For the purposes of this Agreement, the following terms shall be defined as: Community Affairs Bureau (CAB) Major. Shall mean the MDPD Bureau Major who is responsible for overseeing the compliance with contractual stipulations and maintenance of quality service delivery. Personnel. Shall mean MDPD CAB and SCG personnel assigned to the City. School Crossing Guard (SCG): Shall mean certified civilian personnel, employed by MDPD, who are utilized to conduct departmentally - approved pedestrian and traffic safety programs in the area of public elementary schools. SCG's shall be equipped with all standard issued uniform and supplies as depicted in Exhibit A. SCG Unit. Shall mean the Departmental entity that reports to the CAB Major, which is responsible for coordinating pedestrian and traffic safety programs utilized to assist elementary school children in arriving and departing from schools in a safe manner. The SCG Unit is primarily responsible for providing assistance to all public elementary, schools in unincorporated MDC and municipalities that contract services. Service. Shall mean comprehensive SCG patrol services provided each day of the regular academic year excluding summer sessions, except when elementary, schools are not in session for whatever reason. Staffing Levels: Shall mean the number of SCG's assigned to and accepted by the City as they are listed in Exhibit B of this Agreement. The levels described in Exhibit B do not include staffing for SCGs during summer sessions. Staff Schedules: Means those schedules prepared by the CAB Major or his designee to appropriately deploy personnel to ensure appropriate resources are maintained each shift. Pedestdarr Safety Section (PSS) (Supervisor): Means a designated Supervisor who reports to the CAB. Captain_ The responsibilities include the supervision, evaluation, and direction of the daily activities of the Pedestrian Safety Project Coordinators, SCG Supervisors, SCGs, and a Secretary. City Officials: Means the council members, City Manager, City Attorney, and employees of the City. ARTICLE 111 SCHOOL CROSSING GUARD SERVICES MDPD shall provide SCG services, as set forth in this Agreement in accordance with Florida Statutes. 3.1 Without limiting the duty prescribed in the preceding paragraph, MDPD SCG personnel provide services during operational times of the regular public school year, not including summer sessions, Professional Development Days or Teacher's Workdays, Statutory Holidays, any other school holidays and when schools are closed. 3.2 The actual hours of service will be determined by the commencement and dismissal fimes of the schools identified in subparagraph 3.4. 3.3 Nothing in this contractual Agreement is intended to usurp the authority of MDPD policies and procedures. In addition, nothing herein is intended to usurp the authority of the City, its policies, procedures, and charter. 3.4 SCG services will be provided to the following locations: i. Ludlum Elementary 6639 Southwest 74 Street South Miami, Florida 33143 fl. South Miami Elementary 6800 Southwest 60 Street South Miami, Florida 33143 3 ARTICLE IV CONSIDERATION 4.1 Payment for services rendered for each contract year shall be based upon the level of service requested by the City pursuant to Article 7.2. Staffing in excess of the requested service level, listed in Exhibit B; shall require written authorization by the City Manager. The levels described in Exhibit B do not including staffing for SCGs during summer sessions. 4.2 The actual costs shall include direct supervisory and school crossing guard personnel salaries, plus all associated fringe benefits, applicable annual overhead, uniform, other general operating supplies, and standard support equipment. Exhibit D illustrates estimated annual cost based on FY 2005 -06 figures and will be updated in subsequent years if requested by the City. 43 Payment for the services provided by MDG for subsequent years shall be based upon the level of staffing services requested by the City Manager utilizing the actual costs of personnel and equipment. 4.4 Vehicle costs for FY 2006 -07 will be. charged at the prorated flat rates shown in Exhibit D. At the beginning of subsequent fiscal years, the annual prorated flat rate for vehicles will be adjusted to reflect the updated costs at that time and the City will be billed accordingly. 4.5. An overhead will be charged on services provided to the city and may be adjusted and modified on a yearly basis. The current estimated costs for FY 2006 -07 is shown in Exhibit D. ARTICLE V COMMAND STAFF 5.1 The CAB Major shall, among other specified duties, act as liaison between the City and MDPD. 5.2 In the event the City becomes dissatisfied with the performance of the SCG program, specific concerns regarding performance should be discussed with the CAB Major to ascertain avenues of resolution and immediate remediation, if any. 5.3 MDPD agrees to act expeditiously and in good faith in resolving any problems experienced by the City. 4 ARTICLE VI EMPLOYMENT RESPONSIBILITY 6.1 All SCG employees and other persons employed by MDPD in the performance of SCG services for the City shall be and remain MDC employees. 6.2 MDPD employees will continue to abide by MDPD policies and procedures established in the Departmental Manual and pertinent subordinate directives. 6.3 MDC is, and shall be, in the performance of all work, services and activities under this Agreement, an independent contractor and not an employee, agent or servant of the. City. Nothing in this Agreement shall be construed to create an employment relationship between the City and any MDC employees. ARTICLE VII EMPLOYMENT` RIGHT OF CONTROL 7.1 MDPD shall have and maintain the responsibility and control of the services rendered, standards of performance, discipline of personnel, all personnel- related matters including but not limited to assigning new personnel, transfers; promotions and any other matters incident to the performance of the services, duties and responsibilities, as described and contemplated in this Agreement. Transfers may be made for promotional, career opportunity, at the request of the employee, or at the request of the CAB Major, or at the discretion of the Director of MDPD or designee. 7.2 Staffing levels are listed in Exhibit B of this Agreement, and may be modified, in consultation with the City Manager, by the CAB Major from time to time as needs arise. The level, degree, type of service and number of positions assigned to each service shall be determined by the City in consultation with MDPD. However, at no time shall the staffing level be less than the determined minimum number of requisite positions mutually agreed upon and reflected in Exhibit C. 7.3 In the event the City . Manager becomes dissatisfied with the performance of any personnel assigned to the City, the City Manager shall discuss the concerns with the CAB Major. Upon request of the City Manager, the CAB Major may transfer or reassign personnel out of the City with the concurrence of the Director of MDPD or designee. The CAB Major will promptly address concerns expressed by the City Manager regarding 5 performance of SCG personnel pursuant to this agreement. ARTICLE Vill EMPLOYMENT; AUTHORITY TO ACT 8.1 SCGs provide pedestrian and traffic safety assistance to elementary school children in arriving and departing from schools in a safe manner. 8.2 The PSS shall be authorized to direct the daily SCG operations in the City; effectuate the City's and MDPD's priorities; manage the delivery of SCG services, and ensure the SCG needs of the concerned school and City, are adequately met. ARTICLE IX CLAIMS 9.1 MDC is a political subdivision of the State of Florida and has elected to provide a program to administer and resolve claims that would generally be covered by a contractual insurance carrier, subject to the, provisions of Section 768.28, Florida Statutes. 9.2 During the term of this Agreement, MDC shall process any and all claims by' any parties related to MDC's performance " "of services - specified in this Agreement; subject to the limitations of Section 768.28, Florida Statutes. ARTICLE X MMIN • ►. 10.1 To the extent permitted by law and as limited by Section 768.28, Florida Statutes, the City shall defend, indemnify and hold harmless MDC and its officers, employees, or agents from any and all liability, losses or damages, including attorneys' fees and costs of defense, which MDC 'or its officers, employees, or agents may incur as a result of any claim, demand, suit, or cause of action or proceeding of any kind or nature arising out of, relating to, or resulting from the negligent performance of this Agreement by the City, its employees, officers and agents. MDC shall promptly notify the City of each claim, cooperate with the City in the defense and resolution of each claim and not settle or otherwise dispose of the claim without the City s participation. 10.2 To the extent permitted by law and as limited by Section 768.28, Florida Statutes, MDC shall defend,. indemnify and hold harmless the City and its officers, employees, or agents from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the City or its officers, employees, or agents may incur as a result of any claim, demand, suit, or cause of action or proceeding of any kind or nature arising out of, relating to, or resulting from the negligent performance of this Agreement by MDC, its employees, officers, and agents. The City shall promptly notify MDC of each claim, cooperate with MDC in the defense and resolution of each claim and not settle or otherwise dispose of the claim without MDC's participation. 10.3 The indemnification provisions of this Agreement shall survive termination of this Agreement for any claims that may be filed after the termination date of the Agreement provided the claims are based upon actions that occurred during the performance of this Agreement. ARTICLE XI TERMINATION AND REMEDIES 11.1 In the event the City intends to cancel, terminate, and/or independently contract with another provider of SCG Services, the City shall provide written notification of such intent to MDPD at least 45 days prior to the cancellation date. Upon the date of cancellation of this agreement, the City shall incur all costs and liabilities associated.. with providing a school crossing guard program, an independently contracted SCG program, or failure to provide any such program. 11.2 In the event that either party breaches this Agreement, other than an event upon receipt of a written request from remedy the breach within 30 days o f breach is not cured within the specified party may utilize the remedies of performance, mandamus or injunctive party to remedy the breach. a material tern or condition of of default, the party in breach, m the hon- breaching party, shall. receipt of the request. If the time period, the non - breaching declaratory judgment, specific relief to compel the breaching 11.3 The parties reserve all available remedies afforded by law to enforce any term of condition of this Agreement. The parties shall submit to the dispute resolution procedures of Chapter 164, Florida Statutes, prior to the filing of any legal proceeding. ARTICLE XI OPTION TO RENEW 12.1 The parties shall meet no later than June 1, 2007, to negotiate the terms and conditions of any extension (the "Renewal Term ") to the Initial Term listed in Article X111 and shall conclude such negotiations no later than January 31, 2008, in order for both parties to anticipate budgetary considerations for fiscal year range. 12.2 In the event that the parties cannot come to 'a mutual Agreement on the terms and conditions of the Renewal Term, this Agreement shall expire on the date specified in Article XIII_ ARTICLE X111 This Agreement shall be effective ,retroactively beginning with the first day of the 2005/2006 Academic School year (August . 8, 2005) and will expire upon completion of the last day of the 2007/2008 Academic School year, unless terminated earlier as specified in Article XI. ARTICLE XIV INDEPENDENT CONTRACTORS MDC, for the purposes of this Agreement, is and shall remain an independent contractor. ARTICLE XV AUTHORITY TO EXECUTE- NO CONFLICT CREATED 15.1 The County Manager, by execution of this Agreement, represents to . the City that he has full power and authority to make and execute this Agreement pursuant to the resolution of the County Commission. 15.2 The City Mayor, by the execution of this Agreement, represents to the MDG that the manager has full power and authority to make and execute this Agreement pursuant'to the resolution of the City Council. ARTICLE XVI AMENDMENTS This Agreement may be modified at any time during the term by mutual written consent of both parties. L ARTICLE XVII NOTICE All required notices shall be given by first class mail, except that any notice of termination shall be mailed via U.S. Mail, return receipt requested. Notices shall be addressed to the parties at the following addresses: City: City Manager Yvonne McKinley City of South Miami 6130 Sunset Drive South Miami, Florida 33143 and City Attorney Nagin Gallop Figueredo City of South Miami 6130 Sunset Drive South Miami, Florida 33143 MDC: County Manager George M. Burgess Miami -Dade County Stephen P. Clark Center 111 NW First Street Suite 2910 Miami, Florida 33128 and Director Robert Parker Miami -Dade Police Department 9105 NW 25 Street Miami, Florida 33172 and Office of the County Attorney Stephen P. Clark Center 111 NW First Street Suite 2810 Miami, Florida 33128 w ARTICLE XVIII NON- ASSIGNABILITY Neither party shall assign any of the obligations or benefits of this Agreement. ARTICLE XIX ENTIRE AGREEMENT 19.1 The parties acknowledge, one to the other, that the terms of this Agreement constitute the entire understanding and Agreement of the parties regarding the .subject matter of the Agreement. 19.2 The exhibits referred to and annexed to this Agreement are made a part of this Agreement. 193 If a court of competent jurisdiction renders any provision of this Agreement (or portion of a provision) to be invalid or otherwise unenforceable, that provision or portion of the provision will be severed and the remainder of this Agreement will continue in full force and effect as if the invalid provision or portion of the provision were not part of this Agreement. ARTICLE XX BINDING EFFECT This Agreement shall insure to the benefit of, and be binding upon, the respective parties' successors. Signature rage to Follow 10 ATTEST CITY OF SOUTH MIAMI, A municipal corporation Byo 63-� Ce� 12?1L M-ana M. Menendez, Horace Feliu City Clerk Mayor 6 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: .B : .LUIS - igueredo C if y Att mey ATTEST: MAYIP,RARVEY RUVIN. CLERK Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: AP, County Attdmey 11 MIAMI-DADE COUNTY A political subdixfision of the State of Florida By its Board of County zjM=0 Exhibit A 12 A Shirts / rts with patches (5) 5 1 Jacket math patches 5 1 Name tag 5 1 Baseball cap 5 Safety vests (2) 5 Pair of mesh gloves 5 Whistle 5 4 Raincoat 5 1 Belt 5 1 12 TIM CITY OF SOUTH MMMI, School Crossing Guard Staffing Level 13 14 a o g g o v> in U) u) ca E m E E U) N C) y N O O O O O O'• U O- U U U .• -, N N N N p D O O O p O o P 4 CO cq CO £ t CO M RR1 t[1 ±"d O7 '`" Q7 s s �- CU �" 9`. 6°°A CA � N 6t8 O rv'�r� C[i CO c y.,�+� it c^ "' 69 tS3 ,z � W 8+9 BSA_ QA� P' -+rk^: GA .R$�S s M.ty C9 r t rr�'. N co�U Q/� 'e�A P9 6Ba !Rig 'j=yC $...` �'f4. 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