Resolution 2021-31788 RESOLUTION NO. 2021-31788
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
CITY MANAGER AND CHIEF OF POLICE TO EXECUTE A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
MIAMI BEACH AND THE SCHOOL BOARD OF MIAMI-DADE
COUNTY (THE "SCHOOL BOARD"), WHICH SHALL PERMIT
MIAMI BEACH POLICE OFFICERS TO PROVIDE LAW
ENFORCEMENT ASSISTANCE TO THE SCHOOL BOARD, UPON
REQUEST OF THE MIAMI-DADE SCHOOLS POLICE
DEPARTMENT, FOR 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, on June 6, 2018, pursuant to Resolution 2018-30358, the City
and the School Board entered into a Memorandum of Understanding which
provided for full-time placement of Miami Beach Police Officers at Miami-Dade
County Public Schools located within the City of Miami Beach; and
WHEREAS, in 2019, the Florida Legislature passed the Marjory
Stoneman Douglas High School Public Safety Act and allocated certain funds to
the School Board, which has allowed the Miami-Dade Schools Police
Department to assign and staff their own police officers at Miami-Dade County
Public Schools; and
WHEREAS, nonetheless, the City and the School Board desire to
continue their partnership, and enter into another Memorandum of
Understanding, which will allow Miami Beach Police Officers to provide law
enforcement assistance at Miami-Dade County Public Schools located within the
City of Miami Beach, when properly requested by the Miami-Dade Schools Police
Department; and
WHEREAS, the City of Miami Beach, by and through its Police
Department, desires to enter into this Memorandum of Understanding in order to
continue to assist 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.
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 (the "School Board"), which shall permit Miami Beach Police
Officers to provide law enforcement assistance to the School Board, upon
request of the Miami-Dade Schools Police Department, for Miami-Dade County
Public Schools located within the City of Miami Beach.
PASSED and ADOPTED this on8 day of July, 2021.
ATTEST: Dan Gelber, Mayor
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Rafael E. Granado, City lerk
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FORM & LANGUAGE •
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MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: July 28, 2021
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND
CHIEF OF POLICE TO EXECUTE A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF MIAMI BEACH AND THE
SCHOOL BOARD OF MIAMI-DADE COUNTY (THE "SCHOOL BOARD"),
WHICH SHALL PERMIT MIAMI BEACH POLICE OFFICERS TO PROVIDE
LAW ENFORCEMENT ASSISTANCE TO THE SCHOOL BOARD, UPON
REQUEST OF THE MIAMI-DADE SCHOOLS POLICE DEPARTMENT, FOR
MIAMI-DADE COUNTY PUBLIC SCHOOLS,LOCATED WITHIN THE CITY
OF MIAMI BEACH.
BACKGROUND/HISTORY
On June 6, 2018, the City of Miami Beach entered into a Memorandum of Understanding to
provide full time Miami Beach Police Officers at all Miami Dade Public Schools located within
the jurisdictional boundaries of the City of Miami Beach, Miami Dade County. Further in 2019,
the Florida Legislature passed the Marjory Stoneman Douglas High School Public Safety Act
which allocated funding to permanently assign Miami Dade School Board Police at every school
in Miami Dade County as soon as practical.
ANALYSIS
The Miami Beach Police Department and the Miami Dade County Schools Police desire to
continue their partnership and enter into a new Memorandum of Understanding to which allows
Miami Beach Police Officers to provide law enforcement services at all public schools within
Miami Beach when properly requested by the Miami Dade Schools Police Department. This
agreement commences on August 1st, 2021 and shall continue in full force until three (3)years
from the effective date.
SUPPORTING SURVEY DATA
N/A
CONCLUSION
The Miami Beach Police Department, therefore, requests the Mayor and the City Commission
to authorize the Chief of Police and City Clerk to execute the Memorandum of Understanding
with the School Board of Miami Dade County.
Page 713 of 2012
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
Strategic Connection
Neighborhoods -Work with partners to address regional safety issues.
Legislative Tracking
Police •
ATTACHMENTS:
Description
❑ Resolution & MOU
Page 714 of 2012
Memorandum of Understanding
School Liaison Officers
THIS AGREEMENT, made and entered into this day of
2021, is between The School Board of Miami-Dade County, Florida, a political subdivision
of the State of Florida ("the School Board"), through The Miami-Dade Schools Police
Department ("MDSPD") and the City of Miami Beach, through the Miami Beach Police
Department ("MBPD"), together referred to as "the Parties."
Intent
It is the intent of both parties to enter into this Memorandum of Understanding ("MOU")to
provide the roles and responsibilities of the MBPD and the MDSPD regarding the
assistance of those MBPD School Liaison Officers ("SLOs") requested to provide law
enforcement coverage services at Miami-Dade County Public Schools ("MDCPS").
SLO Orientation
The MDSPD is responsible for providing orientation to all SLOs, which shall 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 SLO is required to attend an orientation class prior to being allocated to a
school site.
Roles and Responsibilities
1. The mission of the SLOs is to assist the MDSPD in deterring crime and creating a
safe learning environment for all students and staff.
2. The MBPD will allocate an SLO to the requested MDCPS site, upon receipt of
written notice provided to the MBPD no less than 24 hours in advance. Such notice
shall be submitted by the MDSPD to the following MBPD personnel:
Richard Clements, Chief of Police Mimi Pfrogner, Police Captain
1100 Washington Avenue 1100 Washington Avenue
Miami Beach, Florida 33139 Miami Beach, Florida 33139
RickClements@miamibeachfl.gov MildredPfrogner@miamibeachfl.gov
3. The MBPD will confirm the coverage assignment to MDSPD by emailing Ms.
Corina Putt at cputt@dadeschools.net prior to the start of the detail. The MDSPD
may request coverage for the entirety of a school day at the determined MDCPS
site. For the purposes of this MOU, a"school day" is defined as a weekday in which
school is in regular session, from the hours of 7:00am to 3:00pm or 8:00am to
4:00pm, and shall not include recess days, legal holidays, teacher planning days,
summer days or days in which no students are present at the school, as a result
of distance learning, or otherwise.
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4. Non-criminal violations of student conduct are the responsibility of school
administrators. Notwithstanding the foregoing, the MBPD will continue to respond
to any exigent and/or emergency situation(s)at those MDCPS, as required by state
law and corresponding MBPD Standard Operating Procedures/General Orders.
5. The MBPD and the requested SLO shall abide by all applicable state and federal
laws and School Board Policies, including The Family Education Rights and
Privacy Act (20 U.S.C. §1232g; 34 CFR Part 99) (otherwise known as "FERPA"),
which requires all student information be kept confidential and not disclosed to any
third party. Additionally, with regard to juvenile information obtained by MBPD,
MBPD agrees to abide by Florida Statute Section 985.04 and any other applicable
state and federal laws.
6. SLOs shall adhere to their respective MBPD's Standard Operating
Procedures/General Orders.
7. The MBPD is responsible for conducting use of force investigations involving their
SLOs.
8. SLOs are required to complete School Resource Officer (SRO) training, to be
provided by MDSPD prior to the start of each school year, and mental health crisis
intervention training (CIT), as specified in Florida Statute Section 1006.12. Each
SLO participating in covering schools must, prior to the start of each school year,
provide a copy of his/her CIT certificate as proof of completion of CIT to Ms. Corina
Putt via email to cputt@dadeschools.net.
9. School site administrators are responsible for all personnel at MDCPS school sites.
As such, SLOs must work cooperatively with school administration. SLOs must
remain responsive to the chain of command within the MBPD.
10. At the conclusion of each of the School Board's Fiscal Years 2021-2022, 2022-
2023, and 2023-2024, the School Board shall provide the MBPD reimbursement
of funds in the amount of Three Hundred Ninety Dollars and Seventy-Six cents
($390.76) per day per school for which an SLO provides coverage. The City shall
provide The School Board invoices for services completed. The School Board will
only pay the City's invoices for services completed and for days where coverage
was provided by MBPD. The School Board will not pay invoices for future and/or
uncompleted services, regardless of the circumstances for non-completion.
Force Majeure and Warranties
The Parties shall not be responsible for interruptions of service due to forces of nature,
war, manmade disasters or other such acts beyond the control of any the Parties.
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Indemnification and Duty to Defend
Each party to this Agreement agrees to assume responsibility for the acts, omissions, or
conduct of such party's own employees while participating herein and pursuant to this
Agreement, subject to the provisions of Section 768.28, Florida Statutes, where
applicable. "Assume Responsibility" shall mean incurring any and all costs associated
with any suit, action, or claim for damages arising from the performance of this
Agreement. Furthermore, each party agrees to indemnify the other party as set forth
below.
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 the MBPD and/or its SLOs arising out of or in
connection with the provisions of this MOU. Notwithstanding the preceding sentence,
subject to the limitations of Florida Statutes Section 768.28, the School Board agrees to
indemnify, hold harmless and defend MBPD from and against any and all claims, suits,
actions, damages, or causes of action arising out of the intentional wrongdoings or willful
negligent acts of the School Board's employees arising out of or in connection with the
provisions of this agreement.
Public Records
Both parties understand the broad nature of Florida's public records laws and agree to
comply with the laws related to record retention and disclosure, in accordance with
Chapter 119, Florida Statutes.
Notifications
When the SLO learns of an incident which requires him/her to take lawful action, the SLO
must call 305-995-2677 (COPS) and report all such incidents. These incidents may
garner significant media attention; therefore, it is imperative the MDSPD learn about such
incidents from the SLO in an expedited manner so the MDSPD can make the appropriate
notifications within the District. A MDSPD supervisor will advise the SLO if a MDSPD unit
will respond to handle the call for service, or if the SLO is to proceed with the investigation.
This will not preclude the SLO from taking immediate and necessary action during exigent
circumstances. The SLO 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 SLO to MDSPD and school site administration. All reports generated in
conjuncture with this term must be categorized as "Assist other Agency."
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Term of the MOU
Such activities are fully described herein below for a term concurrent with the School
Board's Fiscal Year 2021-2022 through 2023-2024,which commences on August 1, 2021
and shall continue in full force and effect until three (3) years from the effective date of
this Agreement unless terminated prior thereto by any or all of the parties herein. Under
no circumstances may this Agreement be renewed, amended, or extended except in
writing and executed by both parties.
Each party reserves the right to terminate this MOU without cause by giving thirty (30)
days written notice to the other party.
The addresses for The School Board for all purposes under this agreement 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 2nd Avenue, Suite 912
Miami, Florida 33132
With a copy to: The Miami-Dade Schools Police Department
Attn: Chief Edwin Lopez
3300 NW 27th Avenue
Miami, FL 33142
With a copy to: The School Board of Miami-Dade County, Florida
The School Board Attorney's Office
Attn: Walter J. Harvey, School Board Attorney
1450 NE 2nd Avenue, Suite 430
Miami, FL 33132
The addresses for the City of Miami Beach for all purposes under this agreement and for
all noticed hereunder shall be:
City of Miami Beach: Office of the City Manager
Attn: Alina T. Hudak, City Manager
1700 Convention Center Drive, Fourth Floor
Miami Beach, FL 33139
With a copy to: City of Miami Beach Police Department
Attn: Richard Clements, Chief of Police
1700 Convention Center Drive, Fourth Floor
Miami Beach, FL 33139
With a copy to: Office of the City Attorney
Attn: Rafael Paz, Acting City Attorney
1700 Convention Center Drive, Fourth Floor
Miami Beach, FL 33139
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THE SCHOOL BOARD OF MIAMI-DADE CITY OF MIAMI BEACH
COUNTY, FLORIDA
BY: BY:
Alberto M. Carvalho Date Aline T. Hudak Date
Superintendent of Schools or Designee City Manager
SUBMITTED BY: APPROVED AS TO FORM AND LEGAL
SUFFICIENCY AS TO LAW ENFORCEMENT
AGENCY
Edwin Lopez Date
Chief of Police
Rafael Paz Date
Acting City Attorney
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY AS TO THE SCHOOL BOARD
CONTINGENT UPON EXECUTION OF A
WAIVER
Assistant School Board Attorney Date
OFFICE OF RISK AND BENEFITS MIAMI BEACH
MANAGEMENT POLICE DEPARTMENT
Michael G. Fox Date Richard Clements Date
Risk and Benefits Officer Chief of Police
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