Interlocal Agreement with Miami-Dade County 2o2o -3II 90
INTERLOCAL AGREEMENT BY AND BETWEEN MIAMI-
DADE COUNTY AND THE CITY OF MIAMI BEACH FOR
INSTALLATION OF SECURITY CAMERAS AND RELATED
EQUIPMENT WITHIN THE BISCAYNE BEACH SECURITY
GUARD SPECIAL TAXING DISTRICT.
THIS AGREEMENT FOR THE INSTALLATION OF SECURITY CAMERAS AND
RELATED EQUIPMENT WITHIN THE BOUNDARIES OF THE BISCAYNE BEACH
SECURITY GUARD SPECIAL TAXING DISTRICT ("Agreement"), made and entered into this
2-.G- day of 'c; 2020,by and between MIAMI-DADE COUNTY, FLORIDA, a political
subdivision of the STATE OF FLORIDA (hereinafter referred to as the"County") and the CITY
OF MIAMI BEACH, FLORIDA, a municipal corporation of the STATE OF FLORIDA
(hereinafter referred to as the"City").
WITNESSETH
WHEREAS, Section 163.01 of the Florida Statutes and Sections 2-9 and 2-10 of the Code
of Miami-Dade County permit the County and the City to enter into interlocal agreements; and
WHEREAS, the City and the County are mutually desirous of allowing the City to provide
video surveillance, including acquisition, installation, operation, maintenance, repair and
replacement of equipment, for the Biscayne Beach Security Guard Special Taxing District
("Special Taxing District").
NOW, THEREFORE,in consideration of the covenants herein provided, the City and the
County agree as follows:
1. The foregoing recitalsare incorporated herein.
2. This Agreement shall become effective when signed and approved by the governing
bodies of the City and the County, or their designees ("Effective Date").
3. The City shall select license-plate recognition cameras and video surveillance
equipment ("Equipment"), and design the layout, for the installation's-the Special
Taxing District, in accordance with all applicable laws and regulations and in
accordance with the Special Taxing District's creating ordinance and any amending
ordinances.
4. Within one hundred twenty(120) days of the Effective Date, the City shall submit its
Equipment selection, design, and budget to the County for approval.
5. If approved by the County, the City shall acquire, install, maintain, repair, and replace,
as necessary, the approved Equipment in accordance with the design and budget
approved by the County, and in accordance with all applicable laws and regulations.
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6. If the City's Equipment selection,design, and budget are not submitted to the County
for approval in accordance with paragraph 4 of this Agreement,the County shall have
the option, at its discretion, to grant an extension to the City, or to terminate this
Agreement following 30 days prior written notice to the City.
7. Within forty-five (45) days of completion of installation of the Equipment, the City
shall submit to the County a final itemized invoice detailing the costs of the
Equipment and installation of the Equipment.
8. Within forty-five (45) days of receipt of the City's final itemized invoice, the County
shall reimburse the City for the costs associated with the Equipment and installation of
the Equipment, but the County shall not be liable to reimburse the City for any costs
exceeding the budget approved by the County nor shall the County be liable to
reimburse the City for unapproved Equipment or Equipment installed outside of the
approved design.
9. This Agreement shall automatically renew each year on the anniversary of the Effective
Date unless terminated at the election of either party, a) following thirty(30) days prior
notice to the other party, or b)this Agreement is automatically terminated as provided in
paragraph 15.
10. By December 31 of 2019, the City shall submit to the County for approval its
requested budget for maintenance, repair, and replacement of Equipment for the
following year of operation.
11. Invoices from the City for maintenance, repairs, or replacement of Equipment shall
be submitted to the County within forty-five (45) days of incurring the cost, and the
total costs submitted within one contract year shall not exceed the budget'approved
by the County. Failure to submit invoices in accordance with this paragraph shall
constitute a waiver of payment for those costs.
12. The County has collected$42,559.12 in special assessments from the Special Taxing
District for the costs of the equipment and all costs associated with the design,
installation,maintenance, repair, and replacement of the equipment for the first year,
and will collect$157.50 for the second year.
13. The City shall retain, store, and release the surveillance recordings and images in
accordance with all applicable laws and regulations.
14. The Equipment, including any replacements of the Equipment, shall remain the
property of the Special Taxing District, or, in the event the Special Taxing District is
dissolved,prior to any to any transfer of control of the Special Taxing District to the
City,the Equipment,any replacement of the Equipment,and all capital improvements
relating to the Special Taxing District's security guard services shall be sold at fair
market value by the County and the proceeds thereof, and any unexpended special
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assessments shall be refunded to the property owners in the Special Taxing District
on a pro rata basis.
15. 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 the County, and permitted successors or assigns,
unless the control of the Special Taxing District is transferred from the County to the
City, in which event this Agreement, and all obligations thereunder, shall
automatically terminate.
16. 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 City's or
County's sovereign rights.
17. Neither party, nor, or its agents, shall not in any event be considered, nor shall it
represent itself as, an agent, officer, servant or employee of the other party in the
performance of this Agreement.
18. This 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 tends.
19. The language in the Agreement embodies the entire agreement and understanding
between the parties hereto, and 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.
20. No alteration, change or modifications of the terms of this Agreement shall be valid
unless made in writing and signed by all parties.
21. All notices to be provided pursuant to this Agreement shall be sent via hand-delivery,
or by U.S.First Class mail and addressed to the following representatives of the parties:
City: Jimmy L. Morales, City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
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With copy to:
Raul Aguila, City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
County: Mayor Carlos Gimenez
Miami-Dade County
Stephen P. Clark Center
111 Northwest First Street
Miami, Florida 33128
IN WITNESS WHEREOF, the City and County have caused this Agreement to be executed by
their respective officials thereunto duly authorized this the day and year above written.
CITY OF MIAMI BEACH, FLORIDA
a municipal corporation
ATTEST:
By. , Z/z-- By
afael '. Granado, Ji my L. Morales,
City Clerk Ci y Manager
Date: 1 A-12.120
. �.I
1 :71 AP ORATED•: *
�' l• APPROVED AS TO
\l� '� r'•. 4 '' FORM & LANGUAGE
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City At tome,/ Date
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MIAMI-DA SIFE COUNTY ';OA D
+IF COUNTY COMMISSIONERS,
FL IIIIA
ATTEST:
HARVEY RUVIN, CLERK
By: By:
Deputy Clerk Mayor or Mayor's
Designee
Date: Date:
•
Approved as to form and legal sufficiency
County Attorney
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