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Resolution 2023-32848RESOLUTION NO ! 2023-32848 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF MIAMI BEACH, ON BEHALF OF THE MIAMI BEACH POLICE DEPARTMENT, AND THE MIAMI-DADE COUNTY ASSOCIATION OF CHIEFS OF POLICE — FIRST RESPONDER MENTAL WELLNESS INITIATIVE IN ORDER TO JOIN THE REGIONAL FIRST RESPONDER PEER SUPPORT TEAM PROGRAM WHICH PROVIDES THE MIAMI-DADE COUNTY FIRST RESPONDER COMMUNITY AND THEIR FAMILIES WITH THE SUPPORT NEEDED TO CONSTRUCTIVELY NAVIGATE THROUGH PERSONAL AND PROFESSIONAL STRUGGLES. WHEREAS, the Miami -Dade County Association of Chiefs of Police ("MDCACP") - First Responder Mental Wellness In approved a Memorandum of Understanding ("MOU") for MiamkDade law enforcement agencies to participate in the Regional First Responder Peer Support Team Program (the "Program"); and WHEREAS, the Program was created to promote trust, allow anonymity and preserve confidentiality, while providing support to participating Miami -Dade county area'law enforcement agency personnel and their families; and 11 WHEREAS, Miami -Dade County has over 30 law enforcement agencies employing thousands of individuals that may seek support services for a variety of issues and in many cases, the perceived stigma of going to a therapist is a deterrent to people in need of support; and WHEREAS, those agencies that join may utilize the Program to support personnel responding to and/or involved in traumatic events such as, but not limited to, police involved shooting, mass casualty incidents, natural disasters, death investigations, and personnel traumatic events; and WHEREAS, the Program supports members of the first responder community and their families by encompassing a range of activities and interactions between people who share similar experiences. The connection between a First Responder Peer Support Team Member and the person(s) seeking assistance promotes healing and inspires hope. NOW THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby approve and authorize the City Manager to execute the Memorandum of Understanding (MOU) between the City of Miami Beach, on behalf of the. Miami Beach Police Department, and the Miami -Dade County Association of Chiefs Of Police — First Responder Mental Wellness Initiative in order to join the Regional First Responder Peer Support Team Program which provides the Miami -Dade County first responder community and their families with -the support needed to constructively navigate through personal and professional struggles. PASSED and ADOPTED this ATTEST: DECI. 1 9 2023 Rafael E. Granado, City Clerk 13 day o , C., 202 Steven Meirlgr, Mayor Sponsored by Commissioner Tanya K. Bhatt� APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION END' ORATED,` City Attorney Date i Resolutions - C7 G MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: December 13, 2023 SUBJECT. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF MIAMI BEACH, ON BEHALF OF THE MIAMI BEACH POLICE DEPARTMENT, AND THE MIAMI-DADE COUNTY ASSOCIATION OF CHIEFS OF POLICE - FIRST RESPONDER MENTAL WELLNESS INITIATIVE IN ORDER TO JOIN THE REGIONAL FIRST RESPONDER PEER SUPPORT TEAM PROGRAM WHICH PROVIDES THE MIAMI-DADE COUNTY FIRST RESPONDER COMMUNITY AND THEIR FAMILIES WITH THE SUPPORT NEEDED TO CONSTRUCTIVELY NAVIGATE THROUGH PERSONAL AND PROFESSIONAL STRUGGLES. This Memorandum of Understanding (MOU) is between the Miami -Dade County Association of Chiefs of Police (MDCACP) and partner agencies. MDCACP has established a First Responder Mental Wellness Initiative with Miami -Dade County area law enforcement agencies to establish a relationship under which the partner agencies consent to agency members participation in the Regional First Responder Peer Support Team Program. The Miami Beach Police Department (MBPD) was instrumental in assisting with selecting the team members and establishing the program policy and procedures for the Regional Team. The Department was the first department in Miami -Dade County to create a peer support team program which was established in 2016. For several years, the MBPD Peer Team has provided assistance and support to other agencies involved in critical incidents or personal hardships affecting first responders and their families. Because of MBPD's experience and expertise in responding to these critical incidents, it is expected that MBPD will add a few of their team members to the Regional Peer Team as they expand their program. The Regional Peer Support Team was created for agencies who might not have the ability to create their own peer program. Partner agencies may utilize the program to support personnel responding to and/or involved in traumatic events such as, but not limited to, police involved shootings, mass casualty incidents, natural disasters, death investigations, and personnel Page 342 of 1118 traumatic events. The City would like to continue their partnership with MDCACP and continue to be a support to this regional program while continuing to provide services to MBPD employees. It is extremely important that the law enforcement community continues to support and promote mental well- being and provide a peer program for first responders, their families and agency employees. SUPPORTING SURVEY DATA N/A FINANCIAL INFORMATION No financial impact is expected. • •, 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 Miami -Dade County Association Chiefs of Police (MDCACP). Applicable Area Citywide Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? No Does this item utilize G.O. Bond Funds? Strategic Connection Neighborhoods - Work with partners to address regional safety issues. Legislative Tracking Police ATTACHMENTS: Description o Memorandum of Understanding o MDCACP MOU Letter o Resolution Page 343 of 1118 MEMORANDUM OF UNDERSTANDING BETWEEN THE MIAMI-DADE COUNTY ASSOCIATION OF CHIEFS OF POLICE (MDCACP) — FIRST RESPONDER MENTAL WELLNESS INITIATIVE AND PARTNER LAW ENFORCEMENT AGENCY This Memorandum of Understanding (MOU), by and between The Miami -Dade County Association of Chiefs of Police (referred to herein as the "MDCACP" ) — First Responder Mental Wellness Initiative and Miami -Dade county area law enforcement agencies (referred to herein as "Partner Agency"), establishes a relationship between MDCACP and Partner Agencies under which the Partner Agencies shall consent to agency members participation in the Regional First Responder Peer Support Team Program (referred to herein as "Program"). The Program has been created to promote trust, allow anonymity, and preserve confidentiality, while providing support to participating Miami -Dade county area law enforcement agency personnel and their families. Additionally, Partner Agencies may utilize the Program to support personnel responding to and/or involved in traumatic events such as, but not limited to, police involved shooting, mass casualty incidents, natural disasters, death investigations, and personnel traumatic events. Miami -Dade County has over 30 law enforcement agencies employing thousands of individuals that may seek support services for a variety of issues. In many cases, the perceived stigma of going to a therapist is a deterrent to people in need of support. The Program allows for first responders, their families and agency employees to access support from trusted sources that are confidential and known. Whereas the parties agree that it is in their best interest and in the best interest of the Miami -Dade county area first responders, their families and agency employees to participate in the Program. NOW, THEREFORE, BE IT RESOLVED BY THE PARTIES, AS FOLLOWS: 1) That the Parties hereby approve this agreement 2) That the Parties hereby authorize their joint participation in the Program under the conditions set herein. I. Program Organization The Program shall have a defined hierarchy in order to establish lines of communication and a chain -of -command. The following is the hierarchy that the Program has established to accomplish the Program's goals: • First Responder Mental Wellness Initiative Director — (MDCACP) • Program Advisory Committee • Licensed Clinical Director • Program Coordinator — Program Coordinator Assistant • First Responder Peer Support Team Leader(s) • First Responder Peer Support Team Member 1 1 P a g e Page 344 of 1118 The First Responder Mental Wellness Initiative [Program] Director shall be appointed by the President and Executive Board Members of MDCACP. The Licensed Clinical Director shall be appointed by the First Responder Mental Wellness Initiative Director in consultation with the Program Advisory Committee. The final decision shall rest with the First Responder Mental Wellness Initiative Director. The Clinical Director shall be licensed in the state of Florida and be in good standing with the licensing body. Advisory Committee members shall be appointed by the First Responder Mental Wellness Initiative Director, in consultation with the Executive Board of the MDCACP. The final decision shall rest with the First Responder Mental Wellness Initiative Director. Advisory Committee members shall elect the Committee Chair and Co-chair. The Program Coordinator shall be appointed by the members of the Advisory Committee in consultation with the First Responder Mental Wellness Initiative Director. The Program Coordinator Assistant shall be chosen by the Program Coordinator in consultation with the Advisory Committee. The final decision will rest with the Advisory Committee. First Responder Peer Support Team Leader(s) shall be chosen by the Advisory Committee in consultation with the Program Coordinator, and the First Responder Mental Wellness Initiative Director. First Responder Peer Support Team Member(s) shall be chosen by the Advisory Committee in consultation with the Program Coordinator. The final decision rests with the Program Coordinator. Recommendations for First Responder Peer Support Team membership shall be considered on a case -by -case basis; however, the final appointments shall be decided as outlined above. All Program members shall comply with confidentiality requirements pursuant to Florida Statutes §111.09. The Florida licensed Clinical Director shall comply with all rules, regulations; and laws pursuant to the licensing body, and the state of Florida. All public records requests for information related to the Program and/or program activities shall be referred to the Program Coordinator who is also the Program's records custodian. Proaram Responsibilities The Program mission is to support members of the first responder community, encompassing a range of activities and interactions between people who share similar experiences. The connection between a First Responder Peer Support Team Member and the person(s) seeking assistance promotes healing and inspires hope. First Responder Peer support ' offers a level of acceptance, understanding, and validation not found in many other professional relationships. 2 1 P a g e Page 345 of 1118 By sharing their own lived experience and practical guidance, a First Responder Peer's support helps people to develop their own goals, create strategies for self -empowerment, and take concrete steps towards building fulfilling, self -determined lives for themselves. The First Responder Peer can help break down barriers of experience and understanding, as well as power dynamics that may get in the way of working with other members of a treatment team. The First Responder Peer's role is to assist law enforcement community personnel and their families find and follow their own recovery paths, without judgment, expectation, rules, or requirements. The Program Advisory Committee in collaboration with the Clinical Director and Program Director shall approve training programs for participating First Responder Peers. Training shall include Train -the -Trainer programs to facilitate member training and mitigate training expenses, when possible. The Program Coordinator shall be responsible for the day-to-day operations including but not limited to, collection of relevant data, records requests (records custodian), reporting to the Advisory Committee, meeting with First Responder Peer Support Team Leader(s), and coordination of peer support activities as needed. The Program Advisory Committee shall meet on a monthly basis to discuss matters related to the viability of the Program, including but not limited to, financial issues, and collection of data to evaluate the mental health and other resources needed to accomplish the Program's mission. The Advisory Committee shall report to the Program Director and make recommendations based on the information discussed during the monthly meetings that impact the effectiveness and efficiency of the program. The Program Advisory Committee Chairperson may call for ad hoc meetings to discuss matters of imminent importance if necessary. All Program members involved' in support activities shall comply with the provision on confidentially pursuant to Fla. Stat §111.09. Any breach of confidentiality in violation of the provisions in Fla. Stat §111.09, shall result in immediate removal of the member from the Program. Ill. Partner Aaency Resimnsibility� Partner Agencies agree to assign a liaison that can communicate, when needed, with members of the Program and has the authority to make decisions about an agency's Peer Support Team Member's response and participation, in consultation with the agency head (Chief). 1 The First Responder Mental Wellness Initiative is currently an unfunded program; however, efforts to solicit grants and other funding sources are being considered. Responsibility for the cost of training and other program related expenses may be incurred by the Partner Agency, if outside funding efforts are not successful, or until funding is obtained. Any monies obtained from grants or other funding sources will be managed for the benefit of the Program via an inclusive and transparent process that will be developed for that purpose by the Program stakeholders. 3 1 P a g e Page 346 of 1118 The liaison is not considered a Program member and shall not be involved in support services. The agency head shall select personnel from within their agency for consideration as Program members. Agency heads may recommend/select employees that have a flexible work schedule in order to provide accessibility when needed. Final selection of members rests with the Advisory Committee as stated above. In the event the Partner Agency member suffers an injury while conducting Program related support activities, workers compensation will be the responsibility of the Partner Agency and the appropriate municipal governmental agency and/or political subdivision. In the event there are any allegations of wrongdoing by a Partner Agency member, during their participation in any support activities, the Partner Agency shall be responsible to investigate the allegations pursuant to the Partner Agency's internal investigation directives. Other Program members may be asked to provide statements; however, any statement will be subject to the limitations pursuant to Fla. Stat §111.09. The Partner Agency shall be responsible for any overtime expenses incurred by the participating Partner Agency member, as agreed upon by the agency or consistent with contractual obligations, such as but not limited to, collective bargaining agreements. Partner Agencies shall be responsible for any training expenses, related to the Program, incurred by participating agency members. Partner Agencies shall be responsible for any travel expenses, related to the Program, incurred by participating agency members. At no time shall a Partner Agency's representative(s) (employees) request or divulge information about Program support activities or communications that are confidential in nature, pursuant to Fla. Stat. §111.09, or any other rule, regulation, or law that makes licensed clinician information privileged, confidential and exempt from public records disclosure. A First Responder Peer Support Team member may be deactivated by his or her agency head or designee for operational necessity or disciplinary action, at any time. The agency head or designee shall notify the Program Coordinator as soon as possible so that the Program can replace the First Responder Peer Support Team member. First Responder Peer Support Team members shall not be assigned to the Partner Agency's internal affairs unit. Program Members may be drawn from both a Partner Agencies sworn and non -sworn employees. At no time shall a Program Member be asked to divulge information about a peer support communication unless the circumstances for the release of information is specifically outlined in Fla. Stat. §111.09. IV. Liability The Parties to this MOU agree to assume responsibility for the acts, omissions, or conduct of such Party's own employees while participating herein and pursuant to this MOU subject to the 4 1 P a g e Page 347 of 1118 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 MOU. , Fla. Stat. §111.09 establishes the limitations of liability for Program members regarding divulging information related to peer support communications. No Program Member shall divulge information provided during a peer support communication unless specifically pursuant to the exceptions outlined in Fla. Stat. §111.09. V. Terms of Agreement This agreement shall be in full force and effect from the date of full execution by the parties and shall continue for a period of three (3) years. At the expiration of the three (3) year period, the parties may renew the agreement, at which time the terms and condition may be amended. Any amendment(s) to this agreement prior to the expiration of the three (3) year period can only become effective if all parties to the agreement agree to the amendment(s) in writing prior to the amendment(s) becoming effective. Notwithstanding the above, this agreement may be terminated by either the Partner Agency or the First Responder Mental Wellness Initiative Director upon thirty (30) days written notice. VI. Entirety of the Agreement This agreement shall be governed by the terms and conditions set in this document and any rules, regulations, and laws of the State of Florida. The Partner Agencies and the First Responder Mental Wellness Initiative Director and Program Members, agree that this agreement contains the entirety of the agreement between the parties as to the matters contained herein. It is further agreed that any oral representation or modifications concerning this agreement shall be of no force or effect, and that this agreement may be modified, altered, or amended only by written amendment duly executed by all parties hereto and their authorized representatives. Signature Pages Below 5 1 P a g e Page 348 of 1118 MIAMI-DADE COUNTY ASSOCIATION OF CHIEFS OF POLICE ('.H;F.F DEL-,,lA K. NOEL T 7". CI-IFF SAMUEL BRJA' V: , - - :!� � 17 ,; .: E N 7 FLIETC 1-) 17 03ADC) ,F� iLj 1 9 ERA A=VIA R* * * * - - RE-r. C-HIEF IRV;NC, HELLER ASSOCIATION OF Dear Colleagues, A CHIEFS OF POLICE CH tcr, Rr-r4C G. LANCIA V AFF1 LIATES It is my pleasure to announce that we are in the final stages of approving a Memorandum of -)HS-A-F Understanding (MOU) for agencies to be part of the Miami -Dade County Association of Chiefs of U.S. DHS - A04 MAQ�.HAI_5 Police - First Responder Mental Wellness Initiative. Through the MOU agencies will partner with DHS - BORDLP f'A:'iROL each other and the MDCACP to establish and staff the Regional First Responder Peer Support Team U.S. DHS - COAST GLIAPD Program. I)., CjS-,L)1.1S OFF't-.F. _-, H 5 - D EA j S. DHS DSS U.S. DIIS FS'; U.- DFIS !CF t,J.'i. DHS ;-1AR`;HAi,.5 SERVICE U.S. DHS POSTAL INSPECTION OHS SE,114F 1'nEP.ViCF. SAL HARBOUP ­_L:C.E BAY 7SLAND:; HAPB')R POLICE i'31'.W.1AYNE PARK 0Ok.iC_.E MIAMI POLICE - COPAL GABLES rOLICE DONAL POL:Cl- LL F!_,1HT-'-L PC:L - E. F-0 GOLDEN SEAZ-Ji POLICE HIALEAH POLICE HIALEAH Fi. LWL H',)ME57.EA') P,')t iCL CRE17K, $:I Ji3L K7. SAFE: Y -'E'y G!SCAYN'E '_0L;­E f-i F 7, L BY P_­L : F V­:AM. FOL:'--.L I-AWN11 SEACH --CL)CE WAMI GAPDFIJo-, 1101 ICE M,A%1; -DADE I'CIL.C:F '.I D DEFT. CF CC;Rr+.C_-T:CNS *.I D 1--Z:HOOL FOL:CE 'A A-. PUBLIC SAP 'EY DEP7. ' - OF j. I',-, ICE F)OLI�1:. MIAMI SHORES r..)L!(.-.E MIAMI SPRi"JUS POLICE M ': R.BAi PC-,L!(.-E NOP711 GAY VILLA:-,E: "::;L:CE. N-P'li %VALM I:­-i !,-.F. NQR-H M.A%li POLIC-r- "FA-L Of- - .KA MNEC,REST POLICE �,OJTFI MIAMI ­); W.F ';UNNY 15i FF- P-l-Ao',:H POLIC.:L I ,WFF7NVA7F,1 :'')i ;:;E z !N; V L Q N :Dl PCjL.!":F VMG*:'1IA GARDEP:s POLICE WILSi' MIAMI "'M ic,F :)FFICE S-RIKE FOP.".F LEG FSJ1jDA-::_-wj Fl..OMDA SOC E-Y I L OF L.A\,V FNIFORCEML."I: FLOP. ILIA H'GHWAy rA-- ROL I-!_ F!SH & Wk L)I 4-F cOMMI.SSION The Regional First Responder Peer Support Team Program will provide the Miami -Dade law enforcement community and their families the support needed to constructively navigate through personal and professional struggles. The emphasis of the Program will be on supporting first responders' ability to struggle well and thrive through trauma and challenges in their professional and personal lives. Attached you will find a copy of the MOU that has been reviewed and approved by the Miami -Dade County Association of Chiefs of Police (MDCACP) Executive Board. Please have your respective governmental representatives review the language. If any changes are required, please return the changes so that they can be reviewed and discussed further for possible incorporation. If there are any amendments, a revised MOU will be distributed for final review. Once the MOU is finalized, please provide me with a fully executed signature page. After all participating agencies have completed and returned their signature page, we will integrate all documents, including the signature page of the First Responder Mental Wellness Initiative [Program] Director to the agreement. Copies of the fully executed MOU will then be distributed for your records. I appreciate the fact that this process is time consuming and you are all busy; however, I ask that you address this with your representatives in a timely manner due to the importance of this program and its potential life-saving impact on our law enforcement community. If you have any questions or concerns, please contact me or a MDCACP Board member. Regards, Rene Landa Chief of Police South Miami Police Department 0. BOX V.F Page 349 of 1118 AI t; H 0P. E F I