Transfer of the Biscayne Beach Security Guard Special Taxing District TRANSFER OF THE BISCAYNE BEACH SECURITY GUARD SPECIAL TAXING
DISTRICT FROM MIAMI-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
2
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 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 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.
3
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: eazii 9 By: g(------- a c •.)IN
Rafael E. Granado, City Clerk immy Morales, City Manager
/' �°> '- o-, 14(0411i
� • `•'• ( \)' Date
-•='1V ,,-------- -. .-•-...>. $,
``' cd APPROVED f;!CDP,P �JFiA i F:D '' APPROVED AS TO
'` t-.' FORM & LANGUAGE
' ' . „ <r 4 & FOREXECUTION
\:. -, City Attorney 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