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Home My Public Portal About2019-62a Approving a Memorandum of Understanding with the School Board of Miami-Dade CountyRESOLUTION NO. 2019-62a A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A FIRST AMENDMENT AND RENEWAL OF A MEMORANDUM OF UNDERSTANDING WITH THE SCHOOL BOARD OF MIAMI-DADE COUNTY FOR SCHOOL -BASED LAW ENFORCEMENT OFFICERS; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in response to the horrendous events that took place on February 14, 2018 at Marjory Stoneman Douglas High School in Parkland, Florida, Governor Rick Scott signed the "Marjory Stoneman Douglas High School Public Safety Act" into law on March 9, 2018 (the "Act"); and WHEREAS, among other things, the Act amended Section 1006.12, Florida Statutes to provide that "each district school board and school district superintendent shall partner with law enforcement agencies to establish or assign one or more safe -school officers at each school facility within the district"; and WHEREAS, in 2018, the School Board of Miami -Dade County (the "School Board") and the Village of Key Biscayne (the "Village") entered into a Memorandum of Understanding (the "MOU") for the purpose of providing the roles and responsibilities of the Village and the School Board regarding the Village's placement of a school -based law enforcement officer at the Key Biscayne K-8 located within the Village; and WHEREAS, the Village and the School Board are desirous of renewing the MOU for the 2019-2020 school year and amending certain terms of the MOU related to notifications and payment, all as provided in the First Amendment and Renewal to the MOU (the "First Amendment") in substantially the form attached hereto as Exhibit "A"; and WHEREAS, the Village Council desires to authorize the Village Manager to execute the First Amendment; and WHEREAS, the Village Council finds that this Resolution is in the best interest and welfare of the residents of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals. That each of the above -stated recitals are hereby adopted, confirmed, and incorporated herein. Section 2. Approval. That the First Amendment, in substantially the form attached hereto as Exhibit "A," is approved. Section 3. Authorization. That the Village Manager is hereby authorized to execute the First Amendment, in substantially the form attached hereto as Exhibit "A," subject to approval by the Village Attorney as to form, content, and legal sufficiency, and to take any action which is reasonably necessary to implement the intent and purpose of this Resolution. Section 4. Effective Date. That this Resolution shall be effective immediately upon adoption hereof. PASSED and ADOPTED this 29th day of October, 2019. W. DAVEY, MAYOR ATTEST: JENN ER ME A, CMC VILLAGE CLERK Page 2 of 3 APPROVED AS TO FORM AND LEGAL SUFFICIENCY ,Z,„ WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. VILLAGE ATTORNEY Page 3 of 3 First Amendment and Renewal to the Memorandum of Understanding for School Based Law Enforcement Officers This First Amendment and Renewal ("First Amendment"), made and entered into this day of , 2019, 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 Village of Key Biscayne ("the Village"), by and on behalf of the Key Biscayne Police Department ("KBPD") (also referred to as "Law Enforcement Agency") (collectively referred to as the "Parties"). WHEREAS, the Parties entered in to a Memorandum of Understanding ("MOU") on February 28, 2019 for the placement of school -based law enforcement officer (SBLEOs) at Miami -Dade County Public Schools ("MDCPS") for the 2018-2019 school year. WHEREAS, the Parties wish to exercise the renewal option in the MOU and extend the MOU to the 2019-2020 fiscal year. WHEREAS, the Parties wish to amend the notification and payment provisions of the MOU as provided in this First Amendment. THEREFORE, for and in consideration of the mutual promises set forth herein, the Parties do hereby agree as follows : 1. The payment provision in Paragraph 8 on Page 2 of the MOU is hereby deleted in its entirety and replaced with the following: 8. For the School Board's Fiscal Year 2019-2020, the School Board shall provide the Village with funding in the amount of Seventy Thousand Three Hundred Thirty -Seven and 00/100 Dollars ($70,337.00) per School for which an SBLEO is assigned as indicated in the chart below. Funding will be provided to the Village as a one-time payment no later than ten (10) days from the execution of this MOU. LOCATION # SCHOOL/FACILITY NAME ADDRESS 2741 Key Biscayne K-8 Center 150 West McIntyre Street Key Biscayne, FL 33149 2. The Notification provision on Page 3 of the MOU is hereby deleted in its entirety and replaced with the following: 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; 1 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. All reports generated in conjuncture with this term must be categorized as "Assist other Agency." 3. In the event of any conflict or ambiguity between the terms and provisions of this First Amendment and the terms and provisions of the MOU, the terms and provisions of this First Amendment shall control. 4. Except as otherwise specifically set forth herein, the MOU is hereby ratified and affirmed and shall remain unmodified and in full force and effect in accordance with its terms. 5. This First Amendment may be executed in several counterparts, each of which shall be deemed an original, but all of which, when taken together, shall constitute one and the same instrument. An executed electronic copy of this First Amendment shall have the same force and effect as an original hereof. [THIS SPACE INTENTIONALLY LEFT BLANK. SIGNATURE PAGE FOLLOWS.] 2 IN WITNESS WHEREOF, the Parties have caused their duly authorized representatives to execute this First Amendment as of the date first set forth above. THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA BY: Alberto M. Carvalho, Date Superintendent of Schools or Designee VILLAGE OF KEY BISCAYNE BY: Andrea Agha, Village Manager /aa1ao Date SUBMITTED BY: BY: Edwin Lopez, MDSPD Date Chief of Police APPROVED AS TO FORM AND LEGAL SUFFICIENCY AS TO THE SCHOOL BOARD BY: Assistant School Board Attorney Date KE1l;Bt AYNE GE -DEPARTMENT BY: Charresiq. Press, Chief of Police Date OFFICE OF RISK AND BENEFITS MANAGEMENT BY: Michael G. Fox, Risk and Benefits Officer Date APPROVED AS TO FORM AND LEGAL SUFFICIENCY AS TO LAW ENFORCEMENT AGENCY BY: Weiss Serota Hellman Cole & Bierman, P.L. Date 10/26/2020 3