Resolution 2018-30358 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 G day of June, 2018.
ATTEST BY: _ aligill
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`%��\ �A GELB', MAYOR
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APPROVED AS TO
RAFAEL E GRANADO, CITY CLEF 1Q �, -1k FORMS LANGUAGE
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Memorandum of Understanding
School Based Law Enforcement Officers
THIS AGREEMENT, made and entered into this G day of
;Jure€ , 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.
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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 MDSPD 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.
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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 2"d 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
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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
F ORIDA
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BY: _ tosi a-41 Sf/4 BY: —/
Alberto 'a ,alho, Date
Su..- endent of Schools or Designee Dan Gelber, Mayor Date
SLjBMITTEDBY: CITY OF MIAM, BE H
f/J06/0,/
12�� � irF
Edwin Lopez, MDSPDPD Date
Interim Chief of Police Daniel *mss, Chief of Police Date
APPROVED AS TO FORM AND LEGAL
SUFFI Y AS TO THE SCHOOL BOARD
CII it8
Assist t S ool Board Attorney Date
OFF E( .SK ND NEFITJS MANAGEM NT APPROVED AS TO FORM AND LEGAL
�(at
tom SUFFICIENCY AS TO LAW ENFORCEMENT
(UUUf AGENCY
Mic el Fox, Risk and Benefits Officer Date 11-_'
st , A L, 'ttorney Date
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Ej I ` U `' .k r,
Rafael E.Grenade,City CI e r.:�0r"I I �'"
Resolution-RT n
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J./NOW, City Attorney
DATE: June 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 THE PLACEMENT OF
MIAMI BEACH POLICE OFFICERS AT MIAMI-DADE COUNTY PUBLIC SCHOOLS LOCATED
WITHIN THE CITY OF MIAMI BEACH.
RECOMMENDATION
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 Commission meeting.
1 eglslatie Tracking
Police
3P9rsor
Mayor Dan Gelber
ATTACHMENTS'
Description
o Reso-Mayor/Chef of Poke to Execute MOU School Based Law Enforcement
o MOU School Based Law Enforcement
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