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2017-29989 ResolutionRESOLUTION NO. 2017 -29989 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE, SUBSTANTIALLY IN THE FORM ATTACHED AND AS ACCEPTABLE TO THE CITY MANAGER AND CITY ATTORNEY, THE AGREEMENT FOR TRANSFER OF THE BISCAYNE POINT SECURITY GUARD SPECIAL TAXING DISTRICT CURRENTLY MAINTAINED BY MIAMI -DADE COUNTY, WHICH PROVIDES FOR THE TRANSFER OF CONTROL OF THE BISCAYNE POINT SECURITY GUARD SPECIAL TAXING DISTRICT FROM THE COUNTY TO THE CITY AND THE DESIGNATION OF THE MAYOR AND CITY COMMISSION AS THE GOVERNING BODY OF THE SPECIAL TAXING DISTRICT, SUBJECT TO A MAJORITY VOTE OF THE QUALIFIED ELECTORS RESIDING IN THE SPECIAL TAXING DISTRICT. WHEREAS, in 1990, the City of Miami Beach's ( "City ") Mayor and City Commission and the Miami -Dade County ( "County ") Board of County Commissioners ( "Board ") approved the creation of the Biscayne Point Security Guard Special Taxing District ( "Special Taxing District ") in City Resolution No. 90 -19919 and County Ordinance No. 90 -52 to provide 24- hour security guard service to Biscayne Point; and WHEREAS, the City's Mayor and City Commission and the County Board approved an amendment to the Biscayne Point Security Guard Special Taxing District in City Resolution No. 2006 - 26201 and County Ordinance No. 07 -62 to provide for increased services, including the installation of cameras and a recording device in the guardhouse; and WHEREAS, on February 2, 2016, the County Board adopted Ordinance No. 16 -14, creating a new Section 18 -3.1 in the Miami -Dade County Code, providing that, subject to Charter referendum approval at the November 8, 2016 election, a municipality could be authorized to act as the governing body of a special taxing district located entirely within its municipal boundaries, and that control of an existing special taxing district in a municipality could be transferred from the County Board to the governing body of such municipality; and WHEREAS, on November 8, 2016, the electorate approved a County Charter Amendment to Section 1.01(A)(11) of the Miami -Dade County Home Rule Charter validating and giving effect to County Ordinance No. 16 -14 that created Section 18 -3.1 of the County Code; and WHEREAS, the Biscayne Point Security Guard Special Taxing District is located entirely within the boundaries of the City; and WHEREAS, Section 18 -3.1 of the County Code provides, in part, that by joint resolutions of the County Board and the governing body of a municipality, the governing body of a municipality may be designated as the governing body of an existing special taxing district located entirely within the boundaries of such municipality; and WHEREAS, Section 18-3.1 of the County Code further provides that: Any resolution designating the governing body of a municipality as the governing body of an existing special taxing district shall not become effective prior to approval of the transfer of control of the special taxing district by a majority vote of the qualified electors residing in the special taxing district voting at an election to be called by the Board and noticed and conducted by mailed ballot or otherwise, as the Board shall by resolution determine and shall set forth a date for the transfer of control of the special taxing district and shall provide that the governing body of such municipality shall be responsible for all pre-existing and future liabilities of such taxing district, whether known or unknown, for the protection of any creditors of such special taxing district as of the date of the transfer of control of such special taxing district, and for encouraging any vendors of such special taxing district to pay the Living Wage required by Section 2-8.9 of the Code of Miami—Dade County, Florida to such vendors' employees working on contracts providing any of the Covered Services set forth in Section 2-8.9(F)(1) of the Code of Miami-County [sic], Florida; and WHEREAS, the transfer of control of the Biscayne Point Security Guard Special Taxing District from the County Board to the Mayor and City Commission of the City of Miami Beach is supported by the Biscayne Point Homeowners Association; and WHEREAS, at the June 26, 2017 City Commission meeting, the Mayor and City Commission adopted Resolution No. 2017-29909, sponsored by Commissioner Michael Grieco, requesting the County to transfer control of the Biscayne Point Security Guard Special Taxing District from the County Board to the Mayor and City Commission of the City of Miami Beach, and to designate the Mayor and City Commission as the governing body of the Special Taxing District, subject to a majority vote of the qualified electors residing in the Special Taxing District; and WHEREAS, execution of the attached Agreement for Transfer of the Biscayne Point Security Guard Special Taxing District from Miami-Dade County to the City of Miami Beach ("Agreement") is required to proceed with the process of the transfer of control of the Special Taxing District from the County to the City; therefore, the City Manager should be authorized to execute the Agreement, substantially in the form attached hereto and as acceptable to the City Manager and the City Attorney. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby authorize the City Manager to execute, substantially in the form attached and as acceptable to the City Manager and City Attorney, the Agreement for Transfer of the Biscayne Point Security Guard Special Taxing District Currently Maintained by Miami-Dade County, which Agreement provides for the transfer of control of the Biscayne Point Special Taxing District from the County to the City and the designation of the Mayor and City 2 Commission as the governing body of the Special Taxing District, subject to a majority vote of the qualified electors residing in the Special Taxing District. PASSED AND ADOPTED this 0?5day of September, 2017. ATTEST: 41111 Rafael E. Granad / City Clerk ,ssgasz EA iC90 FAATTO\TURN \RESOS \Biscayne Point Security Guard Special Taxing District 2017 RESO Addendum of 072617 meeting-revision.doc APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION (5 ( City Attorney Date 3 M AM. BEACH Resolutions - C7 0 COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: September 13, 2017 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE, SUBSTANTIALLY IN THE FORM ATTACHED AND AS ACCEPTABLE TO THE CITY MANAGER AND CITY ATTORNEY, THE AGREEMENT FOR TRANSFER OF THE BISCAYNE POINT SECURITY GUARD SPECIAL TAXING DISTRICT CURRENTLY MAINTAINED BY MIAMI -DADE COUNTY, WHICH PROVIDES FOR THE TRANSFER OF CONTROL OF THE BISCAYNE POINT SECURITY GUARD SPECIAL TAXING DISTRICT FROM THE COUNTY TO THE CITY AND THE DESIGNATION OF THE MAYOR AND CITY COMMISSION AS THE GOVERNING BODY OF THE SPECIAL TAXING DISTRICT, SUBJECT TO A MAJORITY VOTE OF THE QUALIFIED ELECTORS RESIDING IN THE SPECIAL TAXING DISTRICT. RECOMMENDATION Adopt this resolution and authorize the City Manager to execute the interlocal agreement with Miami - Dade County. ANALYSIS The Administration is requesting that the Mayor and City Commission hereby authorize the City Manager to execute, substantially in the form attached and as acceptable to the City Manager and City Attorney, the Agreement for Transfer of the Biscayne Point Security Guard Special Taxing District Currently Maintained by Miami -Dade County, which Agreement provides for the transfer of control of the Biscayne Point Special Taxing District from the County to the City and the designation of the Mayor and City Commission as the governing body of the Special Taxing District, subject to a majority vote of the qualified electors residing in the Special Taxing District. In 1990, the City of Miami Beach's ( "City ") Mayor and City Commission and the Miami -Dade County ( "County ") Board of County Commissioners ( "Board ") approved the creation of the Biscayne Point Security Guard Special Taxing District ( "Special Taxing District ") in City Resolution No. 90- 19919 and County Ordinance No. 90 -52 to provide 24 -hour security guard service to Biscayne Point. Thereafter, in 2006 and 2007, respectively, the City's Mayor and City Commission and the County Board approved an amendment to the Special Taxing District in City Resolution No. 2006 -26201 and County Ordinance No. 07 -62 to provide for increased services, including the installation of cameras and a recording device in the guardhouse. Pursuant to a County Charter Amendment approved by the electorate on November 8, 2016, County Ordinance No. 16 -14 was given effect which created a new Section 18 -3.1 in the Miami -Dade County Code. This new County Code Section provides, in part, that by joint resolutions of the Page 528 of 2353 County Board and the governing body of a municipality, the governing body of a municipality may be designated as the governing body of an existing special taxing district located entirely within the boundaries of such municipality, subject to a majority vote of the qualified electors residing in the special taxing district at an election called by and conducted as provided by the County Board. In addition, the County has advised that interlocal agreements with the County Board and with the County Tax Collector and Property Appraiser would be needed to effectuate a transfer of control. The transfer of control of the Biscayne Point Security Guard Special Taxing District from the County Board to the Mayor and City Commission of the City of Miami Beach is supported by the Biscayne Point Homeowners Association. At the June 26, 2017 City Commission meeting, the Mayor and City Commission adopted Resolution No. 2017- 29909, sponsored by Commissioner Michael Grieco, requesting the County to transfer control of the Biscayne Point Security Guard Special Taxing District from the County Board to the Mayor and City Commission of the City of Miami Beach, and to designate the Mayor and City Commission as the governing body of the Special Taxing District, subject to County approval and a majority vote of the qualified electors residing in the Special Taxing District. Execution of the Agreement for Transfer of the Biscayne Point Security Guard Special Taxing District Currently Maintained by Miami -Dade County ( "Agreement ") is required to proceed with the process of the transfer of control of the Special Taxing District from the County to the City; therefore, the City Manager should be authorized to execute the Agreement, substantially in the form attached hereto and as acceptable to the City Manager and the City Attorney. Following the approval of the Agreement and between October and December of 2017, the Miami - Dade Board of County Commissioners (BCC) will hold a public hearing, propose a resolution calling for a special election for Biscayne Point resident to approve the transfer of the Special Taxing District and accept and ratify any resolutions. Elections are tentatively scheduled for late January 2018. All other timelines are dictated by the date and outcome of the elections and are tentatively scheduled as follows: • In February 2018 the City will become the new governing body of the Special Taxing District and will determine how to proceed with contracts including but not limited to electrical, security and equipment services. • In July 2018 the City is required to submit the final folio and non -ad valorem rates to the County. • The deadline for the City to adopt a non - valorem assessment roll is September 15, 2018. • Official transfer of the Special Taxing District to the City will occur on October 1, 2018. CONCLUSION The Administration recommends that the Mayor and City Commission approve this resolution to authorize the City Manager to execute the interlocal agreement with Miami -Dade County. FINANCIAL INFORMATION Currently, the Special Taxing District has an annual budget of $243,000. The County collects $30,100 as an administrative fee to offset costs related to administering service contacts and providing fiscal support for the District. Administrative support would be similar to that currently provided by the City to the Normandy Shores District. Page 529 of 2353 Legislative Tracking Finance ATTACHMENTS: Description d Agreement D Resolution Page 530 of 2353 TRANSFER OF THE BISCAYNE POINT SECURITY GUM ) SPECIAL TAXING DISTRICT FROM MIAMI-DADE COUNTY TO THE CITY OF MIAMI BEACH S AGREEMENT FOR TRANSFER OF THE BISCAYNE POINT SECURITY GUARD SPECIAL 'TAXING Dis-nucT CURRENTLY MAINTAINED BY MIAMI-DADE COUNTY (AGREEMENT), made and entered into this day of , 2017, by and between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation of the STATE OF FLORIDA (hereinafter referred to as the "City") and M1AMI-DADE COUNTY, a political subdivision of the STATE OF FLORIDA (hereinafter referred as the "County"). WITNESSETH VVHEREAS, the City has requested transfer of the ownership of the assets and control of the Biscayne Point Security Guard Special Taxing District ("Special Taxing District") from the County to the City such that the City Commission will become the governing body responsible for the Special Taxing District; and WHEREAS, the City and the County are mutually desirous of transferring the Special Taxing District to the City; and WHEREAS, the City shall take full responsibility for the operation and maintenance of the Special Taxing District as determined herein, including exclusive responsibility for all pre-existing and future liabilities, whether known or unknown, NOW, THEREFORE, in consideration of the eovenants herein provided, the City of Miami Beach and Miami-Dade County agree as follows: I. The foregoing recitals are incorporated herein, 2. This Agreement shall become effective upon the last effective date of a joint resolution transferring the Special Taxing District, and a favorable election of the residents for the transfer ("Effective Date"). Either party may terminate this Agreement prior to the joint resolution being passed by both the Board of County Commissioners and the City Commission. • Prior to passing the ,joint resolution, the City shall have the right to conduct due diligence, including an inspection of the Special Taxing District's improvements. 4. Twelve (12) days after the Effective Date, unless a contest of the election is tiled pursuant to section 102.168 of the Florida Statutes, the Board of County Commissioners ("Board") will no longer be the governing body of the Special Taxing District and the City Commission shall be the governing board of the Special Taxing District ("Transfer Date"). If a contest is filed, the transfer will occur upon a successful resolution of such contest upholding the election, which is no longer challengeable by any appea! , Page 531 of 2353 5. On October 1, 2018, the County will cease all involvement, including all operations and maintenance for the Special Taxing District, and the City will be exclusively responsible for the Special Taxing District ("Completion Date"). 6. ['he County will continue to provide service to the Special Taxing District between the Transfer Date and the Completion Date ("Transition Period"), but any action requiring Board approval will be presented to the City Commission, 7, Prior to the Transfer Date, the Special Taxing Districts Division of the County shall provide to the City a preliminary financial reconciliation of all known liabilities for the Special Taxing District. 8, Beginning on the Transfer Date, the City shall be responsible for all pre-existing and future liabilities of the Special Taxing District, whether known or unknown, and regardless of whether they appear on the financial reconciliation provided by the County. 9. During the Transition Period, the Special Taxing Districts Division of the County will be available to meet with the City to provide assistance with operations questions. 10. The City shall be responsible for establishing assessment rates and collecting assessments for the Special Taxing District beginning October 1, 2018. If the City intends on using the uniform method for the levy, collection, and enforcement of non-ad valorem assessments, the City shall comply with the requirements of section 197.3632 of the Florida Statutes and shall make such arrangements with the Miami-Dade County Office of the .Property Appraiser and Miami-Dade County Fax Collector. 11. The City shall arrange for transfer of the Special Taxing District's utility accounts into the City's name, to take effect no later than September 1, 2018. Such utilities include, but are not limited to, Florida Power and 1,ight and Miami-Dade County Water and Sewer. 12. Prior to the Completion Date, the City shall assume the existing contractual obligations for the Special Taxing District if the County cannot terminate said contracts, or shall procure contracts with vendors to provide all necessary services to the Special Taxing District, including, but not limited to, contracts for the following services: security guards, extermination, janitorial, gate repair, and building repair. The City's contractors shall commence service on October 1, 2018. 13. Prior to the Completion Date, the City shall establish its own protocols and policies for the issuance and use of the Special Taxing District's access devices, and the County shall transfer to the City the Special Taxing District's entire inventory of unissued access devices. 14. Beginning on the Completion Date, the City Commission shall be responsible for the continuous operation, maintenance, repair, and replacement, when necessary, of the Special Taxing District's improvements and systems, including, but not limited to, the guardhouse, guardhouse air conditioning, plumbing and electrical, security cameras, and guard gate. 2 Page 532 of 2353 15. Beginning on the Completion Date, the City shall be responsible for payment of all of the Special Taxing District's expenses. 16. The County shall transfer to the City, effective on the Completion Date, any active, transferrable warranties on the Special Taxing District's improvements or equipment. 17. Within thirty (30) days of the Completion Date, the County shall provide to the City a final financial reconciliation of all known liabilities for the Special Taxing District. Any omission from the final reconciliation shall not constitute a waiver by either the County or the City for payment to or from the Special Taxing District's aceount. 18. Within sixty (60) days of the Completion Date, the County shall remit to the City any remaining surplus funds in the Special Taxing District's account, or shall issue an invoice to the City for any deficit in the Special Taxing District's account. 19. Following expiration of all existing contractual obligations, pursuant to section 2-8.9 of the Code of Miami-Dade County, the City is encouraged to pay the Living Wage. 20. To the extent allowed by, and subject to the limitations of, section 768.28 of the Florida Statutes, the City does hereby agree to indemnify and hold the County, its officials, employees and instrumentalities, harmless from any and all liability for any damage, injury, or claim that may arise by virtue of the Special Taxing District, or the exercise of any rights, obligations or actions under this Agreement, including but not limited to the City's failure to provide services or maintain, repair, replace, or operate the improvements. 21. The undersigned further agrees that these conditions shall be deemed a continuing obligation between the City and the County and shall remain in full force and effect and be binding on the City, and any permitted successors or assigns. 22. In the event that the City requests any third party to assume any of the responsibilities hereunder, the City acknowledges that such assumption shall not relieve the City from any obligations or responsibilities hereunder. Any failure by any third party shall not subject the County to any liability for any damage, injury, or claim that may arise. 23, Nothing in this Agreement, expressed or implied, is intended to: (a) confer upon any entity or person other than the parties and any permitted successors or assigns, any rights or remedies under or by reason of the Agreement as a third party beneficiary or otherwise except as specifically provided in this Agreement; or (b) authorize anyone not a party to this Agreement to maintain an action pursuant to or based upon this Agreement. Additionally, nothing herein shall be deemed to constitute a waiver of any rights under section 768.28 of the Florida Statutes, or as a waiver of the County's sovereign rights. 24. The language agreed to herein expresses the mutual intent and agreement of the County and the City, and shall not, as a matter of judicial construction, be construed more severely against one of the parties from the other. 3 Page 533 of 2353 City: County: City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Attn: City Manager Miami-Dade County Stephen P. Clark Center 111 Northwest First Street Miami, Florida 33128 Attn: Special Taxing District Division IN WITNESS WHEREOF, the City of Miami has caused this instrument to be executed by its respective officials thereunto duly authorized, this the day and year above written, CITY OF MIAMI BEACH, a municipal ATTEST: corporation By: By: Rafael E. Granath), City Clerk Jimmy Morales, City Manager APPROVED AS TO FORM & LANGUAGE FO EXECUTION g , P.amoisem,rownewaimmelemomenarirma• Date City Attorney MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS, FLORIDA ATTEST: By: Mayor or Mayor's Date Designee HARVEY RUVIN, CLERK By: Deputy Clerk Date 4 Page 534 of 2353