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RESOLUTION 91-20236 RESOLUTION NO. 91-20236 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 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 6th day of F`;► uary - ' 1991. .40( .2!:17 416&41 Attest: MA ORW FORM AP' OVED a-vz( LEGAL DEPT. City Clerk gy Date . //3P, • eery .15111( Nearne Fead .c-: p FLORIDA 3 3 1 3 9 fir• �rti ••V A C A TIONL A NU U. S. A. - •••-•\`), ... 'b OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. I February 6, 1991 DATE: TO: Mayor Alex Dao • and Members of -e City Com ssio'_--- 40#1\ FROM: Rob W. Parki City Manager INTERLOCAL AGRE MENT WITH DADE COUNTY, SECURING OFF-DUTY SUBJECT: CITY OF MIAMI BEACH POLICE OFFICERS TO PERFORM GUARD SERVICES FOR THE PALM AND HIBISCUS ISLAND SECURITY GUARD SPECIAL TAXING DISTRICT BACKGROUND Pursuant to City Commission Resolution No. 79-15827 , adopted February 7, 1979, the City approved the creation of the Palm and Hibiscus Island Security Guard Special Taxing District. Subsequently, the Board of County Commissioners amended applicable ordinances 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 Palm and Hibiscus Islands and to provide for the authorization of an interlocal agreement to secure such services. Pursuant to City Commission Resolution No. 89-19717 , the City approved an Interlocal Agreement for the provision of these services . for the period February 13 , 1989 through February 12 , 1990, with a one (1) year renewal option, which was implemented satisfactorily. The proposed agreement continues the services as currently provided for a one year term, (February 13, 1991 - February 12, 1992) with one, one year renewal option and incorporates an adjustment in the hourly rate paid to the City to include compensation to officers and administrative expense ($18 . 64 per hour daily and $34 . 64 per hour for ten designated holidays) . RECOMMENDATION: The City Administration recommends that the City Commission approve a Resolution 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. RWP:WH-I:HCM:ses r�o AGENDA C ITEM DATE 2 -irA 1 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/3W day of , 1991, 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) or. 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 -1- Said orders may be amended 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 from February 13 , 1991 to February 12 , 1992 . 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 police officer rate as determined by the City of Miami Beach. -3- 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 such officers. 3 . The COUNTY agrees to pay a fixed hourly rate of Eighteen Dollars and Sixty-Four Cents ($18 . 64) per hour for the actual number of service hours performed, except that on the following days the County agrees to pay Thirty Four Dollars and Sixty-Four Cents ($34 . 64) per hour: New Year' s Eve Labor Day New Year' s 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. -2- 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 111 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 legal, valid and binding obligation of each party in accordance with its terms. -4- 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 subse•jent 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. -5- IN WITNESS WHEREOF, the parties having caused this Interlocal Agreement to be by their respective and duly authorized officers. ATTEST: DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY C. 4 = ERS BY: f : .�..�►..r.�.,~._...G..�r' .<00/ di TY CL RK t �O •QUIN G. AVINO, P.E. ,P.L.S. fcAM misfit rrli =3/4'41.X. 1 • *0 0 ATTEST: CITY OF MIAMI BEACH BY ITS CITY COMMISSION BY: E --"tveNvv, BY: CITY CLERK . LEX DAOU' MAYOR FORM APPROVED (SEAL) LEGAL DEPT. 6 Date `V(r FORM SUFFtClE (' .• HCM:ses 01/31/91 -6- r EXHIBIT A District Post Orders USCI: _NAL RESOLUTION NO. 91-20236 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.