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Home My Public Portal About2018-2019 MOU Miami-Dade County School BoardMemorandum of Understanding School Based Law Enforcement Officers This Memorandum o4 Understanding, made and entered into this 26 day of 'Feb-tAa r u , 201$, 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 Village of Key Biscayne, a Florida Municipal Corporation ("the Village"). Intent It is the intent of both parties to enter in to this this Memorandum of Understanding ("MOU") to provide guidelines as to the roles and responsibilities of the Village and the MDSPD regarding the Village's placement of school -based law enforcement officers (SBLEOs) at Miami -Dade County Public Schools ("MDCPS"). 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 Village and the assigned SBLEO shall abide by state and federal law and School Board Policies, including The Family Educational 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. Also, the Village agrees to act in compliance with Chapter 119 of Florida Statutes. 4. SBLEOs shall adhere to the Village's Standard Operating Procedures/General Orders (written policies). 5. The Village is responsible for conducting use of force investigations involving their SBLEOs. 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. The Village may request an extension 1 to fulfill the required course and training from the MDSPD Chief of Police. The cost, if any, for all required training shall be paid by the School Board. 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 the Village, and his/her primary supervisor shall be designated by the Village. 8. For the School Board's Fiscal Year 2018-2019 (July 1, 2018 — June 30, 2019), the School Board shall provide the Village with funding in the amount of Thirty - Five Thousand Eighty -Eight and 00/100 Dollars ($35,088.00) per "SCHOOL/FACILITY NAME" in the below chart to which the Village has agreed by way of initial in the corresponding column "Village SBLEO ASSIGNED (INITIAL)" to assign a SBLEO, as more fully described in the MOU. Funding will be provided to the Village as a one-time payment no later than ten (10) days from the execution of this MOU. The total funding provided to the Village, however, shall not exceed one-third (1/3) of the School Board's total funding provided to all cities entering into a Memorandum of Understanding with the School Board for this purpose. 9. The Village agrees that, during the term of the MOU, at least one (1) SBLEO shall be present at each of the school(s) to which the Village has assigned a SBLEO by way of initial in the below chart during the entirety of each school day. A "school day" is defined as a week day in which school is in regular session, and shall not include: recess days, legal holidays, teacher planning days or summer days. Notwithstanding the foregoing, when the SBLEO becomes aware of a safety to life emergency occurring near the school, the SBLEO may respond to assist until such time as the emergency no longer exists or adequate police personnel arrive on scene; at which time the SBLEO shall promptly return to the school. LOC # SITE TYPE SCHOOL/ FACILITY NAME ADDRESS Village SBLEO ASSIGNED (INITIAL) 2741 K-8 Key Biscayne K-8 150 West Mcintyre Street Key Biscayne, FL 33149 TOTAL: 1 10. The Village hereby agrees and provides assurances that the Village will use the funding provided by the School Board exclusively toward its fulfil ment of assigning SBLEOs to the school(s) indicated and otherwise completing its performance under the MOU during the School Board's Fiscal Year 2018-2019. 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. 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 2 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. Term of the MOU Such activities are fully described herein below for a term concurrent with the School Board's Fiscal Year 2018-2019, which commences on July 1, 2018 and expires one (1) year thereafter on June 30, 2019, with the option of two (2) separate 1 -year renewals for the School Board's Fiscal Year 2019-2010 (July 1, 2019 through June 30, 2020) and the School Board's Fiscal Year 2020-2021 (July 1, 2020 through June 30, 2021) upon written agreement of the 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 MOU and for all notices hereunder shall be: The School Board: With a copy to: With a copy to: The School Board of Miami -Dade County, Florida Attn: Alberto M. Carvalho, Superintendent 1450 NE 2nd Avenue, Suite 912 Miami, Florida 33132 The Miami -Dade Schools Police Department Attn: Chief Edwin Lopez 3300 NW 27th Avenue Miami, FL 33142 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 Village for all purposes under this MOU and for all notices hereunder shall be: VILLAGE: With a copy to: Village of Key Biscayne Attn: Andrea Agha, Village Manager Village Hall 88 West McIntyre Street Key Biscayne, Florida 33149 (305) 365-5514 (Telephone) Weiss Serota Helfman Cole & Bierman, P.L. Attn: Chad S. Friedman, Esq. 2525 Ponce de Leon Boulevard, Suite 700 Coral Gables, Florida 33134 3 (305) 854-0800 (Telephone) Mutual Indemnification and Duty to Defend The parties agree that they will not indemnify each other or have a duty to defend from and against any and all demands, claims, losses, suits, liabilities, causes of action, judgment or damages, arising from the performance or nonperformance of this MOU. Instead, each party to this MOU agrees to assume responsibility for the acts, omissions, or conduct of such party's own officers, agents and employees while participating herein and pursuant to this MOU, subject to the provisions of Section 768.28, Florida Statutes, where applicable. "Assume Responsibility" shall mean incurring any and all costs associated with any all demands, claims, losses, suits, liabilities, causes of action, judgment or damages arising from the performance or nonperformance of this MOU. [THIS SPACE INTENTIONALLY LEFT BLANK] 4 WHEREOF, the parties hereto have made and executed this Memorandum of Understanding on the respective dates under each signature. THE SCHOOL BOARD OF IAMI-DADE COUNTY, Fl a VILLAGE BY: F KEY BISC YNE, Florida VIL MA AGER Print: Albe . arvalho, Superintendent of S ols or Designee Date: C312( `q Date: S BMITTED BY: BY: APPROVED AS TO FORM AND LEGAL SUFFICIENCY AS TO LAW ENFORCEMENT i AGENCY � 4.4_1______BY: Edwin Lopez, MDSPD, Chief of Police 7 G% Date: 37 VILLAGE ATTORNEY Print: C N'Pr% fi F-; 5- /' J APPROVED AS TO FORM SUFFICIENCY O THE CONTIGEN EXECUTION AND LEGAL SCHOOL BOARD OF WAIVER Date: Z�I� 9 l BY: jl As ' to t S ool Board Attorney Print: C r iSf r\ a-- lZ (U Q rc CY(t ct Date: 1)71f i 19 OFFICE OF I AN B BY: f T MANAGEMENT Micha I Fox, R'sk and Benefits Officer Date: 2' M M 5