Interlocal Agreementa o09- ~~9 ~~
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INTERLOCAL AGREEMENT
BY AND BETWEEN MIAMI-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
(nA THIS INTERLOCAL AGREEMENT, made and entered into this ~~~day of
Y `~` ~ ~~-E-f 200~j, by and between MIAMI-DADE COUNTY, FLORIDA (the
"COUNTY") 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 and the Miami-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 Miami-Dade County, Florida,
and Section 101(a)(11) of the Miami-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 police 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 parties hereto, for the consideration herein as set forth mutually
agree as follows:
1. The CITY or its agents shalt 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 (24) hours per day, three hundred
and sixty-five (365) days per year at the Palm and 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.
In the event the CITY finds that it is in the CITY'S best interest to provide
guard service with on-duty police officers, the COUNTY agrees to pay a fixed
hourly rate of forty-five dollars ($45.00) per on-duty hour served. This rate
includes all costs of supplying on-duty police officers. Payment of the on-duty
rate shall be contingent upon verification of hours worked on the Permanent
Off-Duty Assignment Weekly Report by Job Coordinator for the post as
provided by the CITY.
3. The COUNTY agrees to pay from January 8, 2007 to October 5: 2008 a fixed
hourly rate of twenty-seven dollars ($27.00) per hour for the actual number of
service hours performed or the prevailing rate, except on the days stated
below when the COUNTY agrees to pay fifty-four dollars ($54.00) per hour.
The COUNTY agrees to pay a fixed rate of six dollars and fifty cents ($6.50)
per hour for CITY administrative costs associated with this Interlocal
Agreement.
The COUNTY agrees to pay surcharge costs during this term of the
Agreement.
The COUNTY agrees to pay from October 6, 2008 to September 30, 2010 a
fixed hourly rate of thirty dollars (530.00) per hour for the actual number of
service hours performed or the prevailing rate, except that on the following
days, the COUNTY agrees to pay sixty dollars ($60.00) per hour:
New Year's Eve Labor Day
New Year's Day Veterans Day
President's Day Thanksgiving Day
Memorial Day The day after Thanksgiving
Independence Day Christmas Eve
Martin Luther King, Jr.'s Birthday Christmas Day
The COUNTY agrees to pay a fixed rate of one dollar ($1.00) per hour, not to
exceed one hundred sixty eight (168) hours per week for services provided
by the job coordinator. The job coordinator will charge for coordination
services provided in compliance with the existing policy of the Miami Beach
Police Department.
The COUNTY agrees to pay a fixed rate of ten dollars ($10.00) per hour
worked for CITY administrative costs associated with this Interlocal
Agreement.
4. The ORDERS, called POST ORDERS, shall be drafted by the City of Miami
Beach Police Department. The COUNTY shall review, approve, publish and
post the POST ORDERS at the security guard station. All officers must
comply with and have access to these POST ORDERS at all times while on
duty. POST ORDERS may be amended from time to time by the CITY with
the approval of the COUNTY. The COUNTY will publish and post any
approved amended POST ORDERS. POST ORDERS are attached and
made a part hereof by reference.
5. The COUNTY will furnish at no cost to the CITY:
a. Time clock and related keys.
b. Sufficient number of required forms.
c. Desk book.
The CITY shall indemnify and hold harmless the COUNTY and its officers,
employees, agents and instrumentalities from any and all liability, losses or
damages, including attorney's tees and costs of defense, which the COUNTY
or its officers, employees, agents or instrumentalities may incur as a result of
claims. demands, suits, causes of actions or proceedings of any kind or
nature arising out of, relating to or resulting from the performance of this
Agreement by the CITY or its employees, agents, servants, partners,
principals, or subcontractors. The CITY shall pay all claims and losses in
connection therewith and shall investigate and defend all claims, suits,
actions of any kind or nature in the name of the COUNTY, where applicable:
including appellate proceedings, and shall pay all costs, judgments. and
attorney's fees which may issue thereon. Provided, however, this
indemnification shall only be to the extent and within the limitations of Section
768.28 Fla. Stat., subject to the provisions of that Statute whereby the CITY
shall not be held liable to pay a personal injury or property damage claim or
judgement by any one person which exceeds the sum of 5100,000, or any
claim or judgement or portions thereof, which, when totaled with all other
claims or judgment paid by the CITY arising out of the same incident or
occurrence, exceed the sum of $200.000 from any and all personal injury or
property damage claims, liabilities, losses or causes of action which may
arise as a result of the negligence of the CITY. Any and all claims for which
the CITY becomes legally liable pursuant to the provision shall be covered by
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. Worker's Compensation
2. Comprehensive General Liability
3. Automobile liability
7. The term of this Agreement is for the period from January 8, 2007 to
September 30, 2010. This Agreement can be terminated by either party, at
any time, by thirty (30) days prior to notification in writing of the desire to
terminate.
8. The parties agree to provide for adjustment of the fixed hourly rate, job
coordinator's hourly rate, and administrative costs during the term of the
Agreement to the price equal to the current charges for these services as
determined by the CITY. The COUNTY retains the option of renewing the
Agreement for one (1) additional three (3) year period with the consent of the
CITY. The renewal agreement can be terminated by either party, at any time,
by thirty (30) days prior to notification in writing of the desire to terminate.
9. The CITY agrees to bill the COUNTY for services on a weekly basis. 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:
Miami-Dade County
Public Works Department
Special Taxing District Division
701 N.W. 1s` Court
Suite 401
Miami, Florida 33136
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. The parties agree that each year, before the renewal date, the President of
the Palm and Hibiscus Island Homeowners Association will certify in writing
as to the acceptability and quality of service of the previous year.
13. This Interlocal Agreement shall be binding upon the parties hereto, their
successors and assigns.
14. 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.
15. 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.
16. This Interlocal Agreement shall be effective when approved, executed and
delivered to the City Commission of the City of Miami Beach and the County
Manager of Miami-Dade County.
17. As a condition precedent to the effectiveness of this Interlocal Agreement and
any subsequent amendment thereto, this Interlocal Agreement and such
amendments shall be filed with the Clerk of the Circuit Court, in and for
Miami-Dade County, Florida.
18. 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.
19. 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 the City Commission
and the County Manager.
IN WITNESS WHEREOF, the parties having caused this Interlocal
Agreement to be executed by their respective and duly authorized officers.
CITY OF MIAbll I3T;ACH BY MIAhIi-DADS COUNTY, IiLORIDA
ITS CITY COUNCIL ~ o
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Cf, ~ NAG COUN MAYOR
,IT'org f. Goazalez`-' COUNTY MAYOR'S DESIGNEE
ATTEST:
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CITY CLERK ~PUTYCLERK .'.J ~o~~~° ~:~
RoUert Parcher '" ~~
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(SEAL) ....
APPROVED as to Legal Form. APPROVED as to Legal Form.
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CITY A/TT RNEY -A ISTANT COUNTY ATTORNEY
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APPROVED AS TO
FORM & LANGUAGE
8 FOR {:CUTION
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