Resolution 2019-30749 RESOLUTION NO„ 2019-30749
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, AN AGREEMENT FOR TRANSFER OF THE BISCAYNE
BEACH SECURITY GUARD SPECIAL TAXING DISTRICT CURRENTLY
MAINTAINED BY MIAMI-DADE COUNTY,.WHICH PROVIDES FOR THE
TRANSFER OF CONTROL OF THE BISCAYNE BEACH 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 1989, 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 Beach Security Guard Special. Taxing
District ("Special Taxing District") in City Resolution No. 88-19368 and County
Ordinance No. 89-126 to provide 24-hour security guard service to Biscayne Beach;
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 Coded and
WHEREAS, the Biscayne Beach 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 Beach Security Guard Special
Taxing District from the County Board to the Mayor and City Commission of the City of
Miami Beach has been requested and is supported by the Biscayne Beach
Homeowners Association; and
WHEREAS, at the October 17, 2018 City Commission meeting, the Mayor and
City Commission adopted Resolution No. 2018-30576, requesting the County to transfer
control of the Biscayne Beach 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 an Agreement for Transfer of the Biscayne Beach
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 an 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
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attached and as acceptable to the City Manager and City Attorney, an Agreement for
Transfer of the Biscayne Beach Security Guard Special Taxing District Currently
Maintained by Miami-Dade County, which Agreement provides for the transfer of control
of the Biscayne Beach 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.
PASSED AND ADOPTED this 13th day of March, 2019.
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ATTEST:
Dan Gelber, Y ayor
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TRANSFER OF THE BISCAYNE BEACH SECURITY GUARD SPECIAL TAXING
DISTRICT FROM MEAN T-DADE COUNTY TO THE CITY OF MIAMI BEACH
THIS AGREEMENT FOR TRANSFER OF THE BISCAYNE BEACH SECURITY
GUARD SPECIAL TAXING DISTRICT CURRENTLY MAINTAINED BY MIAMI-DADE
COUNTY (AGREEMENT), made and entered into this day of , 2019, by and
between the CITY OF MIAMI BEACH,FLORIDA,a municipal corporation of the STATE OF
FLORIDA (hereinafter referred to as the "City") and MIAMI-DADE COUNTY, a political
subdivision of the STATE OF FLORIDA(hereinafter referred as the"County").
WITNESSETH
'WHEREAS,the City has requested transfer of the ownership of the assets and control of
the Biscayne Beach 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 covenants herein provided,the City of Miami
Beach and Miami-Dade County agree as follows:
1. 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.
3. 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 filed 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 appeal.
5. On October 1, 2020, 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. The 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 1,2020. 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 Tax 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 1,2020. Such utilities include,but are
not limited to,Florida Power and Light 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 1,2020.
13. Prior to the Completion Date, the City shall be responsible for establishing its own
protocols and policies for accessing the Special Taxing District, including,but not limited
to,the issuance and use of access devices,if any. The County shall transfer to the City the
Special Taxing District's entire inventory of unissued access devices.Notwithstanding this
provision,the City agrees at all times to maintain public access to the public roads within
the Special Taxing District, in accordance with state law, and the Code of Miami-Dade
County,Florida.
14. Beginning on the Completion Date, the City Commission shall be responsible for the
continuous operation, maintenance, repair, and replacement, when necessary, of the
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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.
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 fmal
fmancial 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 account.
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.
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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.
25.Any notices to be given hereunder shall be in writing and shall be deemed to have been
given if sent by hand delivery,recognized overnight courier(e.g.,Federal Express),or by
written certified U.S. mail,with return receipt requested, addressed to the party for whom
it is intended,at the place specified.The method of delivery shall be consistent among all
of the persons listed herein. For the present, the City and County designate the following
as the respective places for notice purposes:
For the County:Miami-Dade County Mayor
111 NE 1St Street,Suite 2910
Miami,FL 33128
With a Copy to:Miami-Dade Parks,Recreation, and Open Spaces Department
' Attn:Director
275 NW 2nd Street,5th Floor
Miami,FL 33128
Miami-Dade County Attorney's Office
111 NE 1St Street, Suite 2810
Miami,FL 33128
For the City: City Manager, City of Miami Beach
1700 Convention Center Drive,4th Floor
Miami Beach,FL 33139
With a Copy to: City Attorney, City of Miami Beach
1700 Convention Center Drive,4th Floor
Miami Beach,FL 33139
IN WITNESS WHEREOF,the City and County have caused this instrument to be executed by
their respective officials thereunto duly authorized,this the day and year above written.
CITY OF MIAMI BEACH,a municipal
ATTEST: corporation
By: By:
Rafael E. Granado, City Clerk Jimmy Morales, City Manager
Date
•
APPROVED AS TO
• FORM & LANGUAGE
4 &FOR fXECUTION
67?,k , a
City Attorney zr Date
MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS,FLORIDA
ATTEST:
By:
Mayor or Mayor's Date
Designee
HARVEY RUVIN, CLERK
By:
Deputy Clerk Date
5
Resolutions -C7 AD
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: March 13, 2019
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 BEACH SECURITY
GUARD SPECIAL TAXING DISTRICT CURRENTLY MAINTAINED BY
MIAMI-DADE COUNTY, WHICH PROVIDES FOR THE TRANSFER OF
CONTROL OF THE BISCAYNE BEACH 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.
Legislative Trackin'a
Finance
ATTACHMENTS:
Description
❑ Memo- Biscayne Beach
Page 865 of 1418
MIAMI BEA H
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Dan Gelber and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: March 13, 2019
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 BEACH SECURITY GUARD SPECIAL TAXING DISTRICT
CURRENTLY MAINTAINED BY MIAMI-DADE COUNTY, WHICH PROVIDES FOR
THE TRANSFER OF CONTROL OF THE BISCAYNE BEACH 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.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
Effective October 1, 2018, the administration of the Biscayne Point Security Guard Special
Taxing District was transitioned from Miami-Dade County to the City of Miami Beach. There are
four remaining Security Guard Special Taxing Districts that are currently administered by Miami-
Dade County including Allison Island, Biscayne Beach, Star Island, and Palm & Hibiscus Island.
Following the successful transition of the Biscayne Point District, the City Commission directed
the Administration to contact the remaining four districts to determine if they would be interested
in beginning the process to transition from the County to the City in a holistic manner.
ANALYSIS
Pursuant to the request of Commissioner Aleman, the above-referenced Resolution requesting
the transfer of control of the Biscayne Beach Security Guard Special Taxing District ("Special
Taxing District") from the Miami-Dade County Board of County Commissioners to the Mayor and
City Commission of the City of Miami Beach is submitted for consideration by the Mayor and
City Commission. The transfer of control of the Special Taxing District is supported by the
Biscayne Beach Homeowners Association and would be subject to County approval and a
majority vote of qualified electors residing in the Special Taxing District.
In 1989, 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 Beach Security Guard Special Taxing District ("Special Taxing District") in City
Resolution No. 88-19368 and County Ordinance No. 89-126 to provide 24-hour security guard
service to Biscayne Beach.
Page 866 of 1418
Transfer of Biscayne Beach Security Guard Special Taxing District
March 13, 2019
Page 2
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 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.
Based on preliminary information from Miami-Dade County, the required election is tentatively
scheduled for December 17, 2019 and the administration of the Biscayne Beach Security Guard
Special Taxing District would transition from Miami-Dade County to the City of Miami Beach
effective October 1, 2020.
FINANCIAL INFORMATION
The County collects an administrative fee to offset costs related to administering service
contracts and providing fiscal support for the District. It is anticipated that the administrative fee
would cover the City's costs to provide administrative support. Administrative support would be
similar to that currently provided by the City to the Biscayne Point Security Guard Special
Taxing District.
JLM/JW
Page 867 of 1418