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RESOLUTION 91-20348 RESOLUTION NO. 91-20348 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A FIRST AMENDMENT TO 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, 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, pursuant to City Commission Resolution No. 91-20236, the City of Miami Beach ("CITY") entered into an Interlocal Agreement Securing Off-Duty City of Miami Beach Police Officers to Perform Guard Services for the Palm and Hibiscus Island Security Guard Special Taxing District (the "AGREEMENT") ; and WHEREAS, in order to provide more timely payment, the COUNTY has proposed an advance security deposit mechanism to facilitate such payment; and WHEREAS, the parties wish to amend the AGREEMENT to provide for an advance security deposit method of payment; and NOW,THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are hereby authorized to execute the First Amendment to 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, providing for an advance security deposit mechanism for payment. PASSED AND ADOPTED THIS 11th day of September , 1991 . Attest: It:47C- 2)City Clerk VICE -Mayor FORM APPROVED LEGAL DEPT. 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This amendment was approved by the City Commission pursuant to City Commission Resolution No. 91-20348, adopted September 11, 1991. Subsequent to its approval by the City Commission, County personnel referred the matter to the Special Taxing District. The District determined that it was not prepared to fund the advance deposit as provided for in the amendment but would fund only a smaller advance. Consequently, the amendment was not executed by Dade County and the documents are transmitted herewith for filing. The Police Department has requested that a new First Amendment be prepared to address the deposit and invoicing matters. You can anticipate that item on the City Commission agenda in the near future; the recommended action will include rescinding this Resolution No. 91-20348 . If you have any questions or need additional information, please contact me at x7494 . HCM:m Attachments cc: Mary Anne Lukacs Assistant Police Legal Advisor C. E. Cox Executive Assistant to the City Manager METROPOLITAN DADE COUNTY, FLORIDA ``1,& METRODADE Ra..' METRO-DADE CENTER t PUBLIC WORKS DEPARTMENT _- SUITE 1610 111 N.W. 1st STREET MIAMI, FLORIDA 33128-1970 January 10, 1992 Mr. Harold Moeller Contract Administrator Office of the Purchasing Agent City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Re: First Amendment to Interlocal Agreement Palm & Hibiscus Island Security Guard District Dear: Mr. Moeller: Per our recent telephone conversation I am returning the originals and all copies of the referenced documents to be revised. I am also enclosing a copy of the Palm-Hibiscus/ Star Islands Homeowner's Association resolution which has requested that a two week rather than a month of service costs be advanced. When you have completed the revision of the dollar amount from $13 , 000 to $6, 700 and the time from one month to two weeks, please forward these documents to this office for our execution. If you require any additional information, please contact me at 375-2703 . 2 Sincer- y,f(Z, /x , v Ch. -s W. Small; J . , Supervisor Spe ial Taxing District Division CWS:BC:cj Equal Opportunity/Handicap Employer/Services MINUTES OF BOARD OF DIRECTORS MEETING PALM-HIBISCUS-STAR ISLANDS PROPERTY OWNERS ASSIATION OF MIAMI BEACH, LADE COUNTY, FLORIDA A meeting of the Board was held on Tuesday, December 10, 1991 at 21 Palm Avenue, Miami Beach, Florida. Proper notice was given to the Directors fixing such time and place of this meeting. The meeting was called to order by the President\Chairman, Frederick B. Spiegel and "The First Amendment To Interlocal Agreement" between Dade County, Florida (the "County" ) and the City of Miami Beach, Florida (the "City" ) was reviewed by the Board. After discussion, upon motion duly made, seconded and carried, it was RESOLVED, that the City Off-Duty Police Officers are not timely receiving their payments from the County for off- duty guard service in our Taxing District; and further RESOLVED, that the current proposal by the City to advance one months wages to the city would place an unreasonable burden on the homeowners of this Taxing District, and would in affect cause the homeowners to pay thirteen ( 13) months expenses in the next twelve ( 12 ) month fiscal year; and further RESOLVED, that the Board proposes that the City be advanced by the County, an amount not to exceed two weeks wages ( for the Palm and Hibiscus Island Security Guard Special Taxing District) ; and further RESOLVED, that if the problem of timely receiving payments continues, the Board shall further investigate this problem and take appropriate action to remedy same. There being no further business to come before the meeting, upon motion duly made, seconded and unanimously carried, the same was adjourned. /„ ,�rte_ .' Secretary Approve. • Pre=i- = tCarrnan FIRST AMENDMENT TO INTERLOCAL AGREEMENT THIS FIRST AMENDMENT TO INTERLOCAL AGREEMENT, made and entered into this day of , 1991, by and between the 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: WITNESSETH 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, pursuant to City Commission Resolution No. 91-20236, the COUNTY and the CITY entered into an Interlocal Agreement Securing Off- Duty City of Miami Beach Police Officers to Perform Guard Services for the Palm and Hibiscus Island Security Guard Special Taxing District (the "AGREEMENT") ; and WHEREAS, the parties wish to amend the AGREEMENT to provide for an advance deposit method of payment. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereby agree as follows: 1. Paragraph 3 of the AGREEMENT is hereby amended to read as follows (material to be added is underlined) : 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 as described in this AGREEMENT. Realizing the competitive market for off-duty police officer services the COUNTY agrees upon execution of the agreements to deliver to the City a security deposit of $13 , 300 in order to insure a minimum of one month' s service at 24 hours of service per day. The prepaid fund will be recouped as a credit against the City invoices received within the final 60-day period of this contract or any extension thereof. 2 . The parties hereby ratify and confirm all other terms and conditions of the AGREEMENT which remain unchanged. IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed by the duly authorized officers and the respective corporate seals to be affixed this day of , 1991. ATTEST: DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS cn LI BY: BY: O DEPUTY CLERK JOAQUIN G. AVINO, P.E. , 1411L.S. COUNTY MANAGER �- J ATTEST: CITY OF MIAMI BEACH 5 w NI OC CD .1) RJ V4. M W o BY: z �, c__ �-,► � BY: $ 4 CITY CLERK VICE- t"- OR ORIGINAL RESOLUTION NO. 91-20348 Authorizing the Mayor and City Clerk to execute a first amendment to 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.