Resolution 2020-31326 RESOLUTION NO. 2020-31326
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
MAYOR AND CITY MANAGER TO EXECUTE A MEMORANDUM
OF UNDERSTANDING BETWEEN THE CITY OF MIAMI BEACH,
FLORIDA, AND THE SCHOOL BOARD OF MIAMI-DADE
COUNTY, FLORIDA, FOR THE ONGOING PLACEMENT OF
MIAMI BEACH POLICE OFFICERS AT MIAMI-DADE COUNTY
PUBLIC SCHOOLS LOCATED WITHIN THE CITY OF MIAMI
BEACH.
WHEREAS, the City of Miami Beach (the "City") and the School Board of
Miami-Dade County (the "School Board") are responsible for addressing any
foreseeable emergency situation(s) that might transpire or arise within those
public schools located in the territorial jurisdiction of the City of Miami Beach; and
WHEREAS, the City and School Board acknowledge the real possibility of
dangerous incidents and life-threatening occurrences upon School Board
property, which will require immediate and dedicated law enforcement action in
order to prevent and quell any of these perilous and unpredictable situations; and
WHEREAS, the City has agreed to devote its Police Officers in order to
provide the School Board with essential support to ensure the safety and security
of students, faculty and staff, and to protect the sanctity of the public schools in
the City of Miami Beach; and
WHEREAS, on June 6, 2018 through Resolution 2018-30358, the City
and the School Board embraced this partnership, and entered into a
Memorandum of Understanding for three school years from June 1, 2018 through
May 31, 2021, which provided a visible deterrent to thwart criminal activity and
yield an environment that is safe and conducive to learning for all students,
faculty, staff and residents of the City; and,
WHEREAS, the City and the School Board desire to sustain this
partnership, and enter into another Memorandum of Understanding for three
school years beginning in 2021-22 which will continue to provide a visible
deterrent to thwart criminal activity and yield an environment that is safe and
conducive to learning for all students, faculty, staff and residents of the City; and,
WHEREAS, the School Board shall provide the City with funding in the
minimum amount of Seventy Thousand Three Hundred Thirty Seven Dollars
($70,337.00) for each of the four (4) schools identified in the chart below for each
school year of this MOU, and the City shall, in turn, assign a School Based Miami
Beach Police Department (MBPD) Law Enforcement Officer ("SBLEO"), as more
full described in the MOU, to each of the four(4) schools.
SCHOOL/FACILITY NAME ADDRESS FUNDING AMOUNT
Biscayne Beach Elementary 800 77th Street $70,337.00
Miami Beach, FL 33141
Miami Beach Fienberg 1420 Washington Ave. $70,337.00
Fisher K-8 Miami Beach, FL 33139
North Beach Elementary 4100 Prairie Avenue $70,337.00
Miami Beach, FL 33140
T
Miami Beach South Pointe 1050 4th Street $70,337.00
Elementary Miami Beach, FL 33139
TOTAL $281,348.00
WHEREAS, the City agrees that, during the term of the MOU, at least one
(1) SBLEO shall be physically present at each of the four (4) schools identified in
the chart above for the duration of every school day. A "school day" shall be
defined as a weekday during which school is in regular session, and shall
specifically not include: recess days, legal holidays, teacher planning days or
summer days; and,
WHEREAS, the City agrees and provides assurances that the City will use
the funding provided by the School Board toward its fulfillment of assigning
SBLEOs to the schools indicated and otherwise completing its performance
under the MOU during the School Board's Fiscal Year 2021-22, 2022-23, and
2023-24.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND
CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby
authorize the Mayor and City Manager to execute a Memorandum of
Understanding between the City of Miami Beach and the School Board of Miami-
Dade County, Florida, for the placement of Miami Beach Police Officers at
Miami-Dade County Public Schools located within the City of Miami Beach.
PASSED and ADOPTED this 029 day of 7y/ , 2020.
_\PMS.
IIdCORP�ORkT
ED
AO AT DAN GELBER, MAYOR
ATTEST: /40+`'_'
RAFA L . GRANADO, CITY CLERK ; ED AS TO
;EL
ANGUAGE� EXECUTION
.01. , G. 7 2.3��oa.�
City Attorney V L Date
Resolutions -C7 H
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: July 29, 2020
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY
MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA, AND THE SCHOOL
BOARD OF MIAMI-DADE COUNTY, FLORIDA, FOR THE ONGOING
PLACEMENT OF MIAMI BEACH POLICE OFFICERS AT MIAMI-DADE
COUNTY PUBLIC SCHOOL LOCATED WITHIN THE CITY OF MIAMI
BEACH.
RECOMMENDATION
Administration is seeking approval to negotiate an MOU with the School Board of Miami Dade
County Public Schools for the 2021-22 school year for the continued placement of City of
Miami Beach police officers in public schools located with Miami Beach.
BACKGROUND/HISTORY
On June 6, 2018, the City of Miami Beach and the School Board of Miami-Dade County
entered into a Memorandum of Understanding (MOU)for the placement of Miami Beach police
officers at Miami-Dade County Public Schools located within the City of Miami Beach for a term
commencing on June 1, 2018 and expiring three (3) years thereafter on May 31, 2021.
Through the MOU, the City and School Board joined together to address any foreseeable
emergency situations that might transpire or arise within the public schools located in the
territorial jurisdiction of the City of Miami Beach. In December 2018, an addendum to the MOU
was executed to add additional terms and conditions to the MOU including a School Board
contribution for the 2018-19 school year of $140,352.00, definition of school day, and
placement of City police officers at four (4) public schools in Miami Beach: Biscayne Beach
Elementary, Miami Beach Fienberg Fisher K-8, North Beach Elementary, and Miami Beach
South Pointe Elementary.
Both the City and School Board acknowledge the real possibility of dangerous incidents and
life-threatening occurrences upon School Board property, which will require immediate and
dedicated law enforcement action in order to prevent and quell any of these perilous and
unpredictable situations. As such, the City has devoted six (6) police officers and one (1)
sergeant during the school year beginning in the 2018-19 school year during school days in
order to provide the School Board with essential support to ensure the safety and security of
Page 309 of 2461
students, faculty and staff, and to protect the sanctity of the public schools in the City of Miami
Beach. The cost for the six officers and one sergeant was approximately$1,251,000 in 2018-
19 and $1,379,000 in 2019-20.
The City and School Board support this partnership, and agree that entering into another
Memorandum of Understanding beginning in the 2021-22 school year will provide a visible
deterrent to thwart criminal activity and yield an environment that is safe and conducive to
learning for all students, faculty, staff and residents of the City.
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Organizational Development and Education
Sponsor
Mayor Dan Gelber
ATTACHMENTS:
Description
o Resolution 2018-30358
a Addendum
Page 310 of 2461
RESOLUTION NO. 2018-30358
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
MAYOR AND CHIEF OF POLICE TO EXECUTE A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
MIAMI BEACH, FLORIDA, AND THE SCHOOL BOARD OF MIAMI-
DADE COUNTY, FLORIDA, FOR THE PLACEMENT OF MIAMI
BEACH POLICE OFFICERS AT MIAMI-DADE COUNTY PUBLIC
SCHOOLS LOCATED WITHIN THE CITY OF MIAMI BEACH.
WHEREAS, the City of Miami Beach (the °City") and the School Board of
Miami-Dade County (the "School Board") are responsible for addressing any
foreseeable emergency situation(s) that might transpire or arise within those
public schools located in the territorial jurisdiction of the City of Miami Beach; and
WHEREAS, the City and School Board acknowledge the real possibility of
dangerous incidents and life-threatening occurrences upon School Board
property, which will require immediate and dedicated law enforcement action in
order to prevent and quell any of these perilous and unpredictable situations; and
WHEREAS, the City has agreed to devote its Police Officers in order to
provide the School Board with essential support to ensure the safety and security
of students, faculty and staff, and to protect the sanctity of the public schools in
the City of Miami Beach; and
WHEREAS, the City and the School Board have embraced this
partnership, and determined that entering into a Memorandum of Understanding
will provide a visible deterrent to thwart criminal activity and yield an environment
that is safe and conducive to learning for all students, faculty, staff and residents
of the City.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND
CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby
authorize the Mayor and Chief of Police to execute a Memorandum of
Understanding between the City of Miami Beach and the School Board of Miami-
Dade County, Florida, for the placement of Miami Beach Police Officers at
Miami-Dade County Public Schools located within the City of Miami Beach.
PASSED and ADOPTED this ( day of June, 2018.
ATTEST BY:
j 4 GELB , MAYOR
APPROVED AS TO
RAFAEL E_ GRANADO, CITY CLEF:` -- ='► '=':.`°: - -k'� FORM&LANGUAGE
&FOR EXECUTION
‘C•N (37,..31. /t4L co, ‘g
Page' 1•
9 � ,4 City Attorney Date
Memorandum of Understanding
School Based Law Enforcement Officers
THIS AGREEMENT, made and entered into this G day of
KE , 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
Beach, Florida ("the City"), by and on behalf of the City of Miami Beach Police
Department ("MBPD") (also referred to as "Law Enforcement Agency").
intent
It is the intent of both parties to enter in to this MOU to provide guidelines as to the roles
and responsibilities of the Law Enforcement Agency and the MDSPD regarding the
City's placement of school-based MBPD law enforcement officers (SBLEOs) at Miami-
Dade County Public Schools ("MDCPS") (the MBPD law enforcement officers placed at
MDCPS shall hereinafter be referred to as "school based law enforcement officers" or
"SBLEOs").
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 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 (FERPA) (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.
Page 312 of 2461
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 SBLEO.
6_ SBLEOs are required to complete the SRO training course from the Florida
Department of Law Enforcement ("FDLE") or the Florida Attorney General and
the mental health crisis intervention training, as specified in Florida Statute
Section 1006.12 by December 31, 2018. Law Enforcement Agencies may
request an extension to fulfill the required course and training from the MDSPD
Chief of Police.
' 7. School site administrators are responsible for all personnel at MDCPS school
sites. As such, SBLEOs must work cooperatively with school site administration.
SBLEOs must remain responsive to the chain of command within their Law
Enforcement Agency, and the SBLEO's primary supervisor shall be designated
by the Law Enforcement Agency.
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 t+IEDSPD and school site
administration.
Term of the MOU
Such activities are fully described herein below for a term commencing on June 1, 2018
and expiring three (3) years thereafter on May 31, 2021. Each party reserves the right
to terminate this MOU without cause by giving thirty (30) days written notice to the other
party.
2
Page 313 of 2461
The addresses for The School Board for all purposes under this MOU and for all noticed
hereunder shall be:
The School Board: The School Board of Miami-Dade County, Florida
Attn: Alberto M. Carvalho, Superintendent
1450 NE 2n°Avenue, Suite 912
Miami, Florida 33132
With a copy to: The Miami-Dade Schools Police Department
Attn: Interim 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
City of Miami Beach: Office of the City Manager
Attn: Jimmy Morales, City Manager
1700 Convention Center Drive, Fourth Floor
Miami Beach, FL 33139
•
With a copy to: City of Miami Beach Police Department
Attn: Chief Daniel J. Oates
1100 Washington Ave
Miami Beach, FL 33139
With a copy to: Office of the City Attorney
Attn: Raul J. Aguila, City Attorney
1700 Convention Center Drive, Fourth Floor
Miami Beach, FL 33139
3
Page 314 of 2461
Indemnification and Duty of City to Defend
Subject to the limitations of Florida Statutes Section 768.28, the City of Miami Beach
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 its SBLEOs arising out of or in connection with
the provisions of this MOU. Notwithstanding the preceding sentence, the School Board
agrees and recognizes that the City of Miami Beach shall not be held liable or
responsible for any claims or causes of action which may result from any negligent,
reckless, or intentionally wrongful actions, errors or omissions of the School Board or
MDSPD, in which the City was a participant pursuant to the MOU.
' THE SCHOOL BOARD OF MIAMI-DADE COUNTY, CITY OF MIAMI BEACH POLICE DEPARTMENT
ORIDA
0:Y: .. _______ .,-,4-A..0 -- --4( bICI it6
BY-
Alberto a Taal•, Date
Su • endent of Schools or Designee Dan Gelber, Mayor Date
S MITTED Y: CITY OF MIAM. BE. H
... C__ /o'/ip ' • / I
6: /I F
Edwin Lopez, MDSPD Date 1j�4
Interim Chief of Police Daniel ens, Chief of Police Date
APPROVED AS TO FORM AND LEGAL
SUFFI ',If AS TO THE SCHOOL BOARD
Ce11 Ile,
Assis ' t S oot Board Attorney Date
OFF E F ISK N NEFI S MANAGEM N� APPROVED AS TO FORM AND LEGAL
at 6��/la SUFFICIENCY AS TO LAW ENFORCEMENT
1 AGENCY
Mic a Fox, Risk and Benefits Officer Date 0 i 1— I% - G- .
C v Lt Cr •ttomey Date
ai <<.:-.; or; ,:�•. •5,
Alt. •,1
t�C�, t v,.
Rafael E.(3raesdo,City i i (Or_:
Page 315 of 2461 iITCI-1
Resolutions-RT 0
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Comrrissian
FROM: Raul J.Aguila,City Attorney
DATE: Jtaie 6, 2018
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AUTHORIZING THE MAYOR AND CHIEF OF POLICE TO EXECUTE A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MIAMI BEACH, FLORIDA,
AND THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, FOR TIE PLACEMENT OF
MIAMI BEACH POLICE OFFICERS AT MIAMI-DADE COUNTY PUBLIC SCHOOLS LOCATED
WITHIN THE CITY OF MIAMI BEACH.
REC9MM NDATION
Pursuant to the request of Mayor Dan Gelber. the above-referenced Resolution is submitted for consideration by the City
Commission at the June 6.2018 City Corm fission meeting.
Legislative Tracking
Poke
n r
Mayor Dan Gelber
ATTACHMENTS:
Description
a Reso-Maya!Chef of Poke to Emote MOIJ School Based Law Enforcement
o MOU School Based Law Enforcement
Page 315 of 2461
Addendum to Memorandum of,Understanding
WHEREAS, on June 6, 2018. the School Board of Miami-Dade County, Florida
("School Board"), by and on behalf of the Miami-Dade Schools Police Department
("MDSPD") and the City of Miami Beach, Florida ("City"), by and on behalf of the City of
Miami_Beach Police Department ("MBPD") (collectively, the "Parties"), entered into a
Memorandum of Understanding for School Based Law Enforcement Officers ("MOU")
with a term extending from June 1, 2018 through May 31, 2021.
WHEREAS, by executing this Addendum to the MOU,the Parties agree and intend
to add additional terms and conditions to the MOU, as more fully set forth below. All other
terms and conditions of the MOU shall remain the same, and in full force and effect.
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the adequacy and sufficiency of which are hereby acknowledged, the
Parties agree the terms and conditions outlined below shall be added to the MOU, as
follows:
8. For the School Board's Fiscal Year 2018-2019 (July 1, 2018 — June 30, 2019), the
School Board shall provide the City with funding in the amount of Thirty-Five
Thousand Eighty-Eight Dollars ($35,088.00) for each of the four (4) schools
identified in the chart below, and the City shall, in turn,assign a School Based MBPD
Law Enforcement Officer ("SBLEO"), as more fully described in the MOU, to each of
those four (4) schools.
SCHOOL/ ADDRESS FUNDING -
FACILITY NAME AMOUNT
Biscayne Elementary 800 77th Street
Miami Beach, FL 33141 $35,088.00
Feinberg Fisher K-8 1420 Washington
Center Avenue $35,088.00
Miami Beach, FL 33139
North Beach Elementary 4100 Prairie Avenue
Miami Beach, FL 33140 $35,088.00
South Pointe Elementary 1050 4th Street
Miami Beach, FL 33139 $35,088.00
TOTAL: $140,352.00
9. The City agrees that, during the term of the MOU, at least one (1) SBLEO shall be
physically present at each of the four (4)schools identified in the chart above for the
duration of every school day. A"school day" shall be defined as a weekday during
which school is in regular session, and shall specifically not include: recess days,
legal holidays, teacher planning days or summer days.
•
Page 317 of 2461
10. The City hereby agrees and provides assurances, by way of execution of this
Addendum, 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 during the School Board's
Fiscal Year 2018-2019.
11. This Addendum may be modified, replaced or removed only upon written agreement
of the Parties.
THE SCHOOL BOARD OF MIAMI-DADE CITY OF MIAMI BEACH, FLORIDA
COUNTY, FLORIDA
41101
B�! By:
_ • -, Dan Gelber, Mayor
-_ - • - - ••• - Designee...)
Tabitha G.Fazzino Date: - 117 / 1 ej
Date: (2131 1(�
'-� DESIGNEE
CITY OF MIAMI BEACH POLICE
SUBMITTED BY: DEPARTMENT
1
By: `-- By: �_V
Edwin Lopez, MDSPD
p Da 1- J. Tates, Chief of Police
Chief of Police
Date:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY AS TO THE APPROVED AS TO FORM &
SC OOL BOARD LANGUAGE •TION
BY: By:
ist chool Board Attorney "orney/
Date: 11 114118 Date: 4 ( / / / 6
OFFICE OF RISK AND BENEFITS 1((
MANAGEMENT
By:
Mich I G. F
Risk and Benefits OffIcer
Date: \1101ji
Page 318 of 2461