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RESOLUTION 93-20768 e i RESOLUTION NO. 93-20768 A RESOLUTION OF THE MAYOR AND 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 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 MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are hereby 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, providing for an advance security deposit mechanism for payment. PASSED AND ADOPTED THIS 8th day of April 1993 . Attest: / 49, .‘%id-40,C1)( /4,,f74 / City Clerk ,� Mayor j 4 a:jm\ord&res\palm&hibis.res FORM APPROVED LEGAL DEPT. J By Date .3 - z./- 3 F ' CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305)673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. 1'22-93 TO: Mayor Seymour Gelber and DATE: March 26, 1993 Members of the City Commission FROM: Roger M. City ManageC"r SUBJECT: INTERLOCAL AGREEMENT WITH DADE COUNTY SECURING OFF—DUTY CITY OF MIAMI BEACH POLICE OFF I C ERS TO PERFORM GUARD SERVICES FOR THE PALM AND HIBISCUS ISLAND SECURITY GUARD SPECIAL TAXING DISTRICT ADMINISTR?TION RECOMMENDATION The Administration recommends that the City Commission approve a • Resolution authorizing the Mayor and the 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. BACKGROUND The proposed agreement continues the services as currently provided for a three year term, with the option to renew for another three year term. The City has been providing this service since February 7, 1979 when the City Commission approved the creation of the Palm/Hisbicus Island Security Special Taxing District. AN1fLY S I S This is the continuation of an Interlocal Agreement that has been in existence since 1988 and renegotiated between the parties. CONCLUSION The Interlocal Agreement was negotiated between the parties and is ready to implement so the project can continue. RMC/lml 132 AGENDA R-71- F.- ITEM DATE 9 3 INTERLOCK; AGREEMENT BY AND BETWEEN DADE COUNTY, FLORIDA AND THE CITY or MIAMI BEACH SECURING OFF-DUTY CITY OF MIAMI BEACH POLIO OFFICERS TO PERFORM GUARD SERVICES FOR THE !ALM AND HIBISCUS ISLAND SECURITY GUARD SPECPAL TAXING DISTRICT THIS INTERLOCAL AGREEMENT, mode and entered into this joe,i ' day of (45 ,7,/ , 1993 , by and between DADE COUNTY, FLORIDA (the ' CO UNTY"-) , 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) 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 Comnissioners 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, amendedOrdinance No. 80-32 to provide for the utilization of off-duty police officers to perform guard services twenty-four (2 4) hours per day, seven (7) days per week, three hundred and sixty-five (3 65) 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 agent shall not in any event be considered nor shall it represent itself as an agent, officer, servant or employee of the COUNTY in perforzance 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. f 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 $35.76 per on-duty hour served. This rate includes all costs of supplying on-duty police officers. Prior approval must be secured from Dade County to be compensated at the on-duty rate of $35. 76. 3 . The COUNTY agrees to pay a fixed hourly rate of sixteen dollars ($16. 00) per hour for the actual number of service hours performed, except that on the following days the County agrees to pay thirty-two dollars ($32.00) per hour: New Year' s Eve Labor Day New Year's Day Veterans Day Washington's Birthday Thanksgiving Day Memorial Day Theday after Thanksgiving Independence Day Christmas Eve Martin Luther King, Jr's Birthday Christmas Day The COUNTY agrees to pay a fixed rate of sixteen dollars ($16. 00) per hour for hourly services, not to exceed eight (8) hours per week, as provided by the job coordinator. The COUNTY agrees to pay a fixed rate surcharge of eight dollars ($8. 00) per shift worked. The COUNTY agrees to pay a fixed rate of sevendollars ($7. 00) per shift worked for administrative costs associated with this Interlocal agreement. Realizing the competitive market for off-duty police officer services, the County agrees upon execution of the agreement, to deliver $7, 000 to insure a minimum of two weeks service at 24 hours service per day. The prepaid funds will be recouped as a credit against the City invoices received within the last 30 day period of this contract or any extension thereof. 4 . The ORDERS, called POST ORDERS, shall be drafted by the City of Miami Beach Police Department. Dade 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 Dade County. Dade County will publish and post any approved amended "Post Orders. " 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 Section 768.28, Florida Statutes, 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 willfull negligence of the City or its police -2- officers. To the limits set forth in Section 768.28, Florida Statutes, the CITY shall pay all claims and losses arising out the willfull negligence of the CITY or its 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 pursuant to this provision 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 three (3) year period from This Agreement can be to urinated by either party; at any time, by thirty (30) days prior to notification in writing of desire to terminate. 8 . The parties agree to provide for adjustment of the fixed hourly rate, job coordinator's hourly rate, surcharge or administrative costs during the term of the Agreement to the price e ual to the current charges for these services as determined by the to the City Adjustment of the rates paid shall take effect on October 1st following therate change and notice by the City. The County retains the option of renewing the Agreement for an 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 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: Metro-Dade Public Works Department Special Taxing District Division 111 N.W. 1st Street Suite 1510 Miami, Florida 33128 and the following address for the CITY: City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 -3- 11. Nothing expressed 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/Hibiscus Island Home Owners 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 by the City Commission of the City of Miami Beach and the County Manager of Dade County. 17 . As a condition precedent to the effectiveness of this Interlocal Agreement and any subsequent amendments thereto, this Interlocal Agreement and such amendments must be filed with the Clerk of the Circuit Court, in and for 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 City Commission and the County Manager. -4- • 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 MANAGER BY. *. An."41L-D-69--- BY: pTY CLERK • •Q1I G. � • P.E. ,P.L.S. d/,50,1/ "INMMISS:;\ NDE rn Z COO" :V c: °of • ATTEST: CITY OF MIAMI BEA H BY I t: MAYOR /1/A-- BY: , �'C Y• - A CITY CLERK /J�� -"-'a UR riE► =ER Vt t,t/J • FORMA' rRJED L GLD'PT. By # /cP/�.►.r.►.. -7179-4/ C S EAL y Date PGH/lml 03/24/93 -5- UKLJINAL RESOLUTION NO. 93-20768 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.