RESOLUTION 89-19517 RESOLUTION NO. 89-19517
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN
INTERLOCAL AGREEMENT BY AND BETWEEN DADE
COUNTY, FLORIDA AND THE CITY OF MIAMI
BEACH SECURING OFF-DUTY CITY OF MIAMI
BEACH POLICE OFFICERS TO PERFORM GUARD
SERVICES FOR THE PALM AND HIBISCUS ISLAND
SECURITY GUARD SPECIAL TAXING DISTRICT.
WHEREAS, Section 163 . 01, Florida Statutes (1987) and the
Metropolitan Dade County Home Rule Charter, as amended, permit
the County, and the City to enter into interlocal agreements; and
WHEREAS, the Board of County Commissioners, by the adoption
of Ordinance No. 80-32 on April 15, 1980, as amended by Ordinance
No. 83-122 and Ordinance No. 88-62 , created the PALM AND HIBISCUS
ISLAND SECURITY GUARD SPECIAL TAXING DISTRICT, pursuant to
Chapter 18 of the Code of Metropolitan Dade County, Florida, and
Section 101 (a) (11) of the Dade County Home Rule Charter; and
WHEREAS, the City Commission of the City of Miami Beach
passed and adopted on February 7 , 1979, Resolution No. 79-15827
approving creation of the Palm and Hibiscus Island Security Guard
Special Taxing District; and
WHEREAS, the City Commission of the City of Miami Beach
passed and adopted a subsequent Resolution No. 88-19257 on May
26, 1988, requesting the Board of County Commissioners to amend
Ordinances No. 80-32 and 83-122 to permit the use of off duty
officers to provide security guard services; and
WHEREAS, the Board of County Commissioners, by the adoption
of Ordinance No. 88-62 on July 5, 1988, amended Ordinance No. 80-
32 to provide for the utilization of off-duty police officers to
perform guard services twenty-four (24) hours per day, seven (7)
days per week, three hundred and sixty-five (365) days per year,
at the security guard station located at the causeway entrance to
the Palm and Hibiscus Islands, and to provide for the
authorization to use an interlocal agreement to secure such
services; and
WHEREAS, the Interlocal Agreement, (attached hereto)
provides for City of Miami Beach police officers to perform guard
services for the Palm and Hibiscus Island Security Guard Special
Taxing District; and
WHEREAS, the Interlocal Agreement, a copy of which is
attached hereto, has been recommended by the City Manager, and
approved as to form by the City Attorney.
NOW THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA that the Mayor is authorized to
execute an Interlocal Agreement by and between Dade County,
Florida and the City of Miami Beach securing off-duty City of
Miami Beach Police Officers to perform guard services for the
Palm and Hibiscus Island Security Guard Special Taxing District.
PASSED and ADOPTED this 1st day of February , 1989 .
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Af:AL Ail
MA'iR
Attest:
egtftri --d) 1344/City Clerk
Form Approved
Legal Department
(,,, ,, 77. ‘;31.-,---
Date:
//41/4"4"
PNB/mml
1/12/89
INTERLOCAL AGREEMENT
BY AND BETWEEN DADE COUNTY, FLORIDA AND THE
CITY OF MIAMI BEACH SECURING OFF-DUTY CITY
OF MIAMI BEACH POLICE OFFICERS TO PERFORM
GUARD SERVICES FOR THE PALM AND HIBISCUS ISLAND
SECURITY GUARD SPECIAL TAXING DISTRICT.
THIS INTERLOCAL AGREEMENT, made and entered into this 3rd
day of February , 1989, by and between DADE COUNTY,
FLORIDA (the "COUNTY") , a political subdivision of the State of
Florida, and the CITY OF MIAMI BEACH, FLORIDA (the "CITY") , a
municipality organized and existing under the laws of the State
of Florida.
WHEREAS, Section 163.01, Florida Statutes (1987) and the
Metropolitan Dade County Home Rule Charter, as amended, permit
the County, and the City to enter into interlocal agreements; and
WHEREAS, the Board of County Commissioners, by the adoption
of Ordinance No. 80-32 on April 15, 1980, as amended by Ordinance
No. 83-122 and Ordinance No. 88-62, created the PALM AND HIBISCUS
ISLAND SECURITY GUARD SPECIAL TAXING DISTRICT, pursuant to
Chapter 18 of the Code of Metropolitan Dade County, Florida, and
Section 101(a) (11) of the Dade County Home Rule Charter; and
WHEREAS, the City Commission of the City of Miami Beach
passed and adopted on February 7, 1979, Resolution No. 79-15827
approving creation of the Palm and Hibiscus Island Security Guard
Special Taxing District; and
WHEREAS, the City Commission of the City of Miami Beach
passed and adopted a subsequent Resolution No. 88-19257 on May
26, 1988, requesting the Board of County Commissioners to amend
Ordinances No. 80-32 and 83-122 to permit the use of off duty
police officers to provide security guard services; and
WHEREAS, the Board of County Commissioners, by the adoption
Ordinance No. 88-62 on July 5, 1988, amended Ordinance No. 80-32
to provide for the utilization of off-duty police officers to
perform guard services twenty-four (24) hours per day, seven (7)
days per week, three hundred and sixty-five (365) days per year,
at the security guard station located at the causeway entrance to
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the Palm and Hibiscus Islands, and to provide for the
authorization to use an interlocal agreement to secure such
services; and
WHEREAS, the parties hereto, for the consideration herein as
set forth mutually agree as follows:
1. The CITY or its agent shall not in any event be
considered nor shall it represent itself as an agent, officer,
servant or employee of the COUNTY in performance of its
activities under this agreement.
2. The CITY agrees to be responsible for furnishing
management, supervision, manpower, equipment and supplies as
required to provide one uniformed and armed off-duty police
officer twenty-four (2 4) hours per day, three hundred and sixty-
five (365) days per year at the Palm Hibiscus Island Security
Guard Special Taxing District guard station. Provided, however
that the City shall have no duty to provide the off duty police
officers in the event of any emergency or extraordinary condition
which prevents the availability of s' ch officers.
3 . The COUNTY agrees to pay a fixed hourly rate of
Seventeen Dollars and Twenty-three Cents ($17.23) per hour for
the actual number of service hours performed, except that on the
following days the County agrees to pay $33 .23 per hour:
New Years' Eve Labor Day
New Years' Day Veterans Day
Washington's Birthday Thanksgiving Day
Memorial Day Christmas Eve
Independence Day Christmas Day
The fixed hourly rates are inclusive of all costs necessary
to provide security service as described in this Agreement.
4. The orders, called post orders, shall be prepared and
published by the COUNTY and posted at the security guard station.
All officers must comply with and have access to these post
orders at all times while on duty. All post orders, (initial or
revised) must be approved by the COUNTY. Current District Post
Orders are set forth in Exhibit A, attached hereto and
incorporated herein by reference. Said orders may be amended
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from time to time by ' the County in its discretion as it deems
appropriate.
5. The COUNTY will furnish at no cost to the CITY:
1. Time clock and related keys.
2. Sufficient number of all required forms.
3. Desk book.
6. To the extent permitted by applicable law but in any
event only to the limits set forth in Florida Statutes, Section
768.28, the CITY hereby agrees to indemnify and hold harmless the
COUNTY from any and all claims, liability, losses and causes of
action which may arise out of the negligence of the City or its
police officers. To the limits set forth in Section 768.28,
Florida Statutes, the CITY shall pay all claims and losses
arising out of the negligence of the City or the police officers,
and shall defend all suits, in the name of the COUNTY when
applicable, and shall pay all costs and judgments which may issue
therefrom. The foregoing indemnity shall not require the CITY to
indemnify the COUNTY for the COUNTY's own negligence. Any and
all claims the CITY becomes legally liable for shall be covered
under the CITY's Self Insurance Program. Prior to the
commencement of this Agreement, the City must provide to the
County proof of self-insurance pursuant to Section 768. 28,
Florida Statutes, for the following:
1. Workers' Compensation
2. Comprehensive General Liability
3. Automobile Liability
7. The term of this Agreement is for a one (1) year period
from4/2,41 /901 to dlize4"et, it&id4;‘,31
This Agreement can be terminated by either party, at any time, by
thirty (30) days prior notification in writing of desire to
terminate.
8. The COUNTY retains the option of renewing this
Agreement for an additional one year period with the consent of
the CITY. At the time of Agreement renewal, the COUNTY will
consider an adjustment to price equal to the current off-duty
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,I.
police officer rate as determined by the City of Miami Beach.
The renewal Agreement can be terminated by either party, at any
time, by thirty (30) days prior notification in writing of desire
to terminate.
9. The CITY agrees to bill the COUNTY for services
monthly. This billing will be based upon the fixed hourly rate
as agreed charges billed for services rendered prior to payment
of said charges. All funds used to reimburse the CITY pursuant
to this agreement shall be provided from service charges, special
assessments or general tax levies within the Palm and Hibiscus
Island Security Guard Special Taxing District only.
10. All written notices under this Agreement will be by
certified mail addressed to the following address of the COUNTY:
Metro-Dade
Public Works Department
Special Taxing District Division
ill N.W. 1st Street
Suite 150
Miami, Florida 33128
and the following address for the CITY:
City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
11. Nothing expressed or implied herein is intended or
shall be construed to confer upon or to give any person, firm,
corporation or other entity, other than the parties hereto, any
right, remedy or claim under or by reason of this Interlocal
Agreement or by reason of any term, covenant, condition, promise
and agreement contained herein, all of said rights, remedies and
any claims whatsoever hereunder being for the sole and exclusive
benefit of the parties hereto, their successors and assigns. No
third party beneficiary rights are intended or implied.
12. This Interlocal Agreement shall be binding upon the
parties hereto, their successors and assigns.
13 . This Interlocal Agreement has been duly authorized,
executed and delivered by each party hereto and constitutes a
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legal, valid and binding obligation of each party in accordance
with its terms.
14 . The terms of this Interlocal Agreement shall be
enforceable by either party hereto in a court of competent
jurisdiction by use of all available equitable and legal
remedies.
15. This Interlocal Agreement shall be effective when
approved, executed and delivered by the City Commission of the
City of Miami Beach and the Board of County Commissioners of Dade
County.
16. As a condition precedent to the effectiveness of this
Interlocal Agreement and any subsequent amendments thereto, this
Interlocal Agreement and such amendments must be filed with the
Clerk of the Circuit Court, in and for Dade County, Florida.
17. This document embodies the entire agreement and
understanding between the parties hereto, and any other
agreements and understandings, whether oral or written, with
reference to the subject matter of this Interlocal Agreement are
merged herein or superseded hereby.
18. No alteration, change or modifications of the terms of
this Interlocal Agreement shall be valid unless made in writing
and signed by all parties hereto and, if deemed by either the
City Attorney or the County Attorney to be a material amendment,
then only upon approval by both City and County Commissions.
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IN WITNESS WHEREOF, the parties having caused this
Interlocal Agreement to be by their respective and duly
authorized officersrG0"jm74.•.
s
S� COUNTY Trl
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ATTEST: •�'•.� * * �.�� DADE COUNTY, FLORIDA
••••••••' BY ITS BOARD OF
RICHARD P. BRINKER, Clerk COUNTY COMMISSIONERS
i13Y: cx4,-
D" - ' Y -WE ` ,/- JOAQUIN G. 'VINO, P.E. , P.L.S.
COUNTY MAN/AGER
(SEAL)
ATTEST: CITY OF MIAMI BEACH
BY IT 7. S�' ,•
BY: 44-4,2 . B L
CITY CLERK �� 1 ALEX DAOUD
MAYOR
(SEAL) FORM APPROVED
LEGAL DEPT.
APPROVED ON TO FORM AND B�_
CORRECTNESS:
Date V3 /rf
•
PNB/mml � PPIOVED AS TO FORM
1/20/89 AND LEGAL SUFFICIENCY
Assist�rit Couty Attorney
6
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•
Taxing District; and • ,
WHEREAS, the Interlocal Agreement, a copy of which is
attached hereto, has been recommended by the City Manager, and
approved as to form by the City Attorney.
NOW THEREFORE; BE IT DULY RESOLVED BY THE CITY CONIIMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA that the Mayor is authorized to
execute an Interlocal Agreement by and between Dade County,
Florida and the City of Miami Beach securing off-duty City of
Miami Beach Police Officers to perform guard services for the
Palm and Hibiscus Island Security Guard Special Taxing District.
PASSED and ADOPTED this 1st day of February , 1989.
Attest:
���1Clerk '1244/
Y
Form Approved
Legal Department
art-•r-
Date: ////, i/J7
PNB/mml
1/12/89
ORICINAL
RESOLUTION NO. 89-19517
(Authorizing the Mayor and the City Clerk
to execute an interlocal agreement by
and between Dade County, Florida and the
City of Miami Beach Police Officers to per-
form guard services for the Palm and
Hibisuc Island security guard special
taxing district)