Interlocal Agreement INTERLOCAL AGREEMENT
BY AND BETWEEN MIAMI-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
THIS INTERLOCAL AGREEMENT, made and entered into this ~ day of
~,~L~"Wr , 200~ by and between MIAMI-DADE COUNTY, FLORID~,(the
"COUNTY") Iand 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 and the Miami-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 Miami-Dade County,
Florida, and Section 101(a)(11) of the Miami-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 Commissioners 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, amended Ordinance No. 80-32 to provide for the utilization of
off-duty police officers to perform guard services twenty-four (24) hours per day, seven
(7) days per week, three hundred and sixty-five (365) 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:
The CITY or its agents shall not in any event be considered nor shall it
represent itself as an agent, officer, servant or employee of the COUNTY in
performance of its activities under this agreement.
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 (24) hours per day, three hundred
and sixty-five (365) days per year at the Palm and 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.
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 $ ~S .~ per on-duty hour served. This rate includes all costs
of supplying on-duty police officers. Prior approval must be secured from the
COUNTY to be compensated at the on-duty rate of $ q$. 0'o
3.The COUNTY agrees to pay a fixed hourly rate of twenty-five dollars
($25.00) per hour for the actual number of service hours performed, except
that on the following days, the COUNTY agrees to pay fifty dollars
($50.00) per hour:
New Year's Eve
New Year's Day
President's Day
Memorial Day
Independence Day
Martin Luther King, Jr.'s Birthday
Labor Day
Veterans Day
Thanksgiving Day
The day after Thanksgiving
Christmas Eve
Christmas Day
The COUNTY agrees to pay a fixed rate of twenty five dollars ($25.00) per hour
for hourly services, not to exceed eight (8) hours per week for services provided
by the job coordinator. The job coordinator will charge for coordination services
provided in compliance with the existing policy of the Miami Beach Police
Department.
The COUNTY agrees to pay a fixed rate surcharge of ~e:~¢O
($ '1.01~ ) per shift worked.
dollars
The COUNTY agrees to pay a fixed rate of four dollars ($4.00) per hour worked
for administrative costs associated with this Intedocal Agreement.
Realizing the competitive market for off-duty police officer services, the
COUNTY agrees upon the execution of the agreement, to deliver to the CITY an
additional security deposit of $2,300 for a total deposit of $9,300 to insure a
minimum of two weeks service at 24 hours of 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 Agreement or any extension thereof.
The ORDERS, called POST ORDERS, shall be drafted by the City of Miami
Beach Police Department. The 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
2
the approval of the COUNTY. The COUNTY will publish and post any
approved amended POST ORDERS.
5. The COUNTY will furnish at no cost to the CITY:
a. Time clock and related keys.
b. Sufficient number of required forms.
c. Desk book.
The CITY shall indemnify and hold harmless the COUNTY and its officers,
employees, agents and instrumentalities from any and all liability, losses or
damages, including attorney's fees and costs of defense, which the COUNTY
or its officers, employees, agents or instrumentalities may incur as a result of
claims, demands, suits, causes of actions or proceedings of any kind or nature
arising out of, relating to or resulting from the performance of this Agreement
by the CITY or its employees, agents, servants, partners, principals, or
subcontractors. The CITY shall pay all claims and losses in connection
therewith and shall investigate and defend all claims, suits, actions of any kind
or nature in the name of the COUNTY, where applicable, including appellate
proceedings, and shall pay all costs, judgments, and attorney's fees which may
issue thereon. Provided, however, this indemnification shall only be to the
extent and within the limitations of Section 768.28 Fla. Stat., subject to the
provisions of that Statute whereby the CITY shall not be held liable to pay a
personal injury or property damage claim or judgement by any one person
which exceeds the sum of $100,000, or any claim or judgement or portions
thereof, which, when totaled with all other claims or judgment paid by the
CITY arising out of the same incident or occurrence, exceed the sum of
$200,000 from any and all personal injury or property damage claims,
liabilities, losses or causes of action which may arise as a result of the
negligence of the CITY. Any and all claims for which the CITY becomes
legally liable pursuant to the provision shall be covered by 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. Worker's Compensation
2. Comprehensive General Liability
3. Automobile liability
The term of this Agreement is for the period from October 1, 2003 to
September 30, 2006. This Agreement can be terminated by either party, at
any time, by thirty (30) days prior to notification in writing of the desire to
terminate.
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 equal to the current charges for these services as
determined by the CITY. Adjustment of the rates paid to the CITY shall take
effect on October 1st following the rate 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 the desire to terminate.
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:
Miami-Dade County
Public Works Department
Special Taxing District Division
Suite 1510
111 N.W. 1st Street
Miami, Florida 33128
and the following address for the CITY:
City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
11. Nothing expressed or 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 and Hibiscus Island Homeowners 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 to the City Commission of the City of Miami Beach and the County
Manager of Miami-Dade County.
17. As a condition precedent to the effectiveness of this Interlocal Agreement and
any subsequent amendment thereto, this Interlocal Agreement and such
amendments shall be filed with the Clerk of the Circuit Court, in and for
Miami-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 the City Commission
and the County Manager.
IN WITNESS WHEREOF, the parties having caused this Interlocal Agreement
to be by their respective and duly authorized officers.
ATTEST:
Deputy Clerk
%./
CITY CLE~
NTY, FLORIDA
1- County Manager
ACH
rmer
(SEAL)
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Att~ Date