Res. No. 166-06-12307RESOLUTION NO. 116-06-12307
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 -DADS 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 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-
Additions shown by underlining and deletions shown by Wig.
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.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND
CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. The interlocal agreement attached hereto as exhibit one to this
resolution is hereby incorporated by reference and approved by the city
commission.
Section 2. This resolution shall take effect immediately upon approval.
�r
PASSED AND ADOPTED this cay of September, 2006.
ATTEST:
`CITY CLERK
I 9j W-11 1
VED AS TO FORM:
Nagin Gallop Figueredo, P.A.
Office of City Attorney
Page 2 of 2
APPROVED-
COMMISSION VOTE: 3-0
Mayor Feliu:
Yea
Vice Mayor Wiscombe:
yea
Commissioner Birts:
absent
Commissioner Palmer:
absent
Commissioner Beckman:
Yea
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
DATE: September 29, 2006
TO: Vincent A. Landis
Chief of Police
FROM: Nikki Payne
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.
sou South Miami
o¢�
7 AMN icaM
[NCORPOAATEC CITY OF SOUTH H MIAM#
t o Rxoa OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2 °0'
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Yvonne S. McKinley, City Manager
From: Vincent A. Landis, Chief of Police
Date: September 19, 2006
Subject: School Crossing Guard Contract Item No.
Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAM19 FLORIDA, RELATING TO CONTRACTS;
AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT
BETWEEN MIAMI -DARE COUNTY, MIAMI -DARE COUNTY POLICE
DEPARTMENT AND THE CITY OF SOUTH MIAMI FOR SCHOOL
CROSSING GUARD SERVICES; PROVIDING AN EFFECTIVE DATE.
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 reueinues 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 2005106
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 leaves 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
interlocal agreement for school crossing guard services.
Backup 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 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:
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.
2
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.
Pedestrian 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 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
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 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.
4.4 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.
63 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
W
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
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 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,
C
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 of
breach is not cured within the specified
party may utilize the remedies of
performance, mandamus or injunctive
party to remedy the breach.
a material term or condition of
)f default, the party in breach,
the non - 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
7
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 XIII
TERM
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
MDC 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.
E
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
9
ARTICLE XVIII
NOWASSIGNABILITY
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.
ARTICLE XX
BINDING EFFECT
This Agreement shall insure to the benefit of, and be binding upon, the
respective parties' successors.
Signature Page to Follow
10
ATTEST:
CITY OF SOUTH MIAMI,
A municipal corporation
J aria M. Menendez, Horace Fel
City Clerk Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
B
Lui igueredo
City Attorney
ATTEST:
VEY RUVIN, CLERK
Me
Deputy Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
'
By__
County oI ney
11
MIAMI -DADE COUNTY
A political subdivision of the
State of Florida
By its Board of County
Commissioners:
County Manager
Exhibit A
MIAMI -DADE 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
I
Pair of mesh gloves
5
Whistle
5
1
Raincoat
5
1
Belt
5
1
12
EXHIBIT B
THE CITY OF SOUTH MIAMI
School Crossing Guard Staffing Level
Job Classification
Quanti
Pedestrian Safety Project Coordinator
I
SCG Supervisor
1
School Crossing Guard
5
Total
7
13
EXHIBIT C
THE CITY 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
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