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Resolution 2021-31737 RESOLUTION NO. 2021-31737 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY AND MIAMI-DADE COUNTY, FLORIDA, SECURING CITY OF MIAMI BEACH POLICE OFFICERS TO PERFORM GUARD SERVICES FOR THE PALM AND HIBISCUS ISLAND SECURITY GUARD SPECIAL TAXING DISTRICT, FOR A TERM OF FIVE (5) YEARS, COMMENCING ON OCTOBER 1, 2021 AND EXPIRING ON SEPTEMBER 30, 2026. WHEREAS, the City Commission adopted Resolutions No. 79-15827 on February 7,1979, approving the creation of the "Palm and Hibiscus Island Security Guard Special Taxing District" (the "District") in order to provide 24-hour guard service, subject to compliance with the applicable Metropolitan Charter and Miami-Dade County Code; and WHEREAS, the special guard protection service approved consisted of contracting for twenty-four hours a day, seven days a week, 365 days a year, unarmed, uniformed, guard services with a duly licensed and bonded, State of Florida approved Security Guard Service, at the entranceof the District, conditioned upon approval, by affirmative vote of the residents of Palm Island and Hibiscus Islands, in an election to be conducted in accordance with the Miami- Dade County Code, and further subject to approval by the Miami-Dade County Commission; and WHEREAS, the Miami-Dade County Board of County Commissioners, by adoption of Ordinance No. 80-32 on April 15, 1980, as amended by Ordinance No. 83-122, created the Palm and Hibiscus Island Security Guard Special Taxing District, which District was approved on June 24, 1980, by a majority vote of qualified electors residing within the District; and WHEREAS, In connection with the creation of the District, the City leases to Miami-Dade County, Florida (the "County") the security guard building ("Palm and Hibiscus security guard station") located at the causeway entrance to the Palm and Hibiscus Islands for use by the District for security services; and WHEREAS, thereafter, more than 50% of the owners of the properties within the District filed a petition requesting that the County utilize off-duty police officers rather than unarmed security guards to provide guard services within the District; and WHEREAS, on May 26, 1988, the Mayor and City Commission adopted a subsequent Resolution No. 88-19257, requesting that the Board of County Commissioners amend Ordinance No. 83-122 to permit the use of off-duty police officers to provide the guard services; and WHEREAS, on July 5, 1988, the Board of County Commissioners, by the adoption of Ordinance No. 88-62, amended Ordinance No. 80-32, authorizing the utilization of an off-duty police officer to perform guard services within the District and the use of an Interlocal Agreement to secure such services; and WHEREAS, as authorized, the parties have entered into several Interlocal Agreements providing for guard services by City of Miami Beach off-duty police officers,with the last Interlocal Agreement, dated March 10, 2009, set to expire on September 30, 2021; and WHEREAS, the Palm and Hibiscus Island Homeowners Association are satisfied with the services being provided by the City's off-duty police officers and the County and City would like to enter into a new Interlocal Agreement; and WHEREAS, The proposed new Interlocal Agreement, provides that the City will staff the District with 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 Palm and Hibiscus security guard station for a five-year term, commencing on October 1, 2021 and expiring on September 30, 2026; and WHEREAS, the City Manager recommends approving the proposed new Interlocal Agreement, incorporated herein by reference and attached hereto as Exhibit"1" in order to ensure the continuation of these important security services for the District. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and authorize the City Manager and City Clerk to execute an Interlocal Agreement between the City and Miami-Dade County, Florida, securing City of Miami Beach Police officers to perform guard services for the Palm and Hibiscus Island Security Guard Special Taxing District, for a term of five (5) years, commencing on October 1, 2021 and expiring on September 30, 2026. PASSED and ADOPTED this 23rd day of June, 2021. • ATTEST: Dan Gelber, Mayor rQ2 ( ;p`, Ilinllll Rafael E. Granado, City Cler f\-4',:o" . • s4.o7R.-,0 , 71:= ' ,,,7 ' MOAN ORATED) • se.p .• �= APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION City11 At AttorneyDot INTERLOCAL AGREEMENT BY AND BETWEEN MIAMI-DADE COUNTY, FLORIDA AND THE CITY OF MIAMI BEACH, FLORIDA SECURING 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 , 2021, by and between MIAMI-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. 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 City Commission adopted Resolutions No. 79-15827 on February 7,1979, approving the creation of the PALM AND HIBISCUS ISLAND SECURITY GUARD SPECIAL TAXING DISTRICT; and WHEREAS, the Miami-Dade County Board of County Commissioners, by adoption of Ordinance No. 80-32 on April 15, 1980, as amended by Ordinance No. 83-122, 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 1.01(a) (11) of the Miami- Dade County Home Rule Charter,in order to provide 24-hours a day, seven days a week, 365 days a year, uniformed, unarmed security guard services at the security guard station located at the causeway entrance to the Palm and Hibiscus Islands; and WHEREAS, the District was approved on June 24, 1980, by a majority vote of qualified electors residing within the District; and EXHIBIT ti I ti i P V 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. 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. 80-83 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 as herein set forth mutually agree as follows: 1. The CITY will furnish management, supervision, manpower, equipment, vehicles and supplies as required to provide for guard services(may also be referred to herein as(a"service" or"services")This service shall consist of providing one(1)uniformed and armed off-duty police officer twenty-four(24)hours per day, seven(7)days per week,three hundred and sixty-five(365) days per year, within the PALM AND HIBISCUS ISLANDS SECURITY GUARD SPECIAL TAXING DISTRICT boundaries. This service is subject to the availability of the off duty police officers to perform this function and excludes coverage should the CITY require the utilization of its police officers for emergency situations such as natural disasters, civil disturbances, special events, and other similar situations. 2 In the event that the CITY finds that it is in the CITY's best interest to provide guard services with on-duty police officers,the County agrees to accept the services of the on-duty police officers and pay for said services pursuant to paragraph 2. 2. The COUNTY agrees to pay the CITY's fixed hourly rate prevailing at the time of execution of this Agreement for an off-duty or on-duty police officer, as applicable. The COUNTY also agrees to pay the applicable administrative fee as set by City Code. The COUNTY is aware that this hourly rate per off duty or on-duty police officer and administrative fee are subject to change as reflected in the uniform assignment rates set by the CITY and agrees to accept modifications affecting said rate of pay and administrative fees which may occur during the existence of this Agreement and subsequent renewals, if applicable, provided the COUNTY has received at least sixty (60) days advance notice of any such change. The COUNTY will also pay for the services provided by the job coordinator at the prevailing rates set by the CITY. The job coordinator will charge for coordination services provided in compliance with the existing policy of the Miami Beach Police Department. The COUNTY acknowledges that the CITY's prevailing rates for services performed during recognized holidays will be higher than non-holiday workdays. 3. From special assessments collected within the District, the COUNTY shall pay all costs incurred by the CITY pursuant to Sections 1 and 2, above, within forty-five (45) days of receipt of itemized invoices. 4. Written instructions that clearly outline duties, responsibilities and expectations of officers ("Post Order"), shall be prepared by the Miami Beach Police Department and posted at a mutually agreed upon location within the District. All officers must comply with and have access to these Post Orders at all times while on duty. All Post Orders (initial or revised) must be 3 approved by the COUNTY. Post Orders may be amended from time to time by the COUNTY in its discretion as it deems appropriate in its administration of the District. The COUNTY will furnish at no cost to the CITY, a sufficient number of all required forms and a desk book with 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; and c. desk book. 6. The CITY agrees to indemnify and hold harmless the COUNTY and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' 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 agrees to pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or 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, Florida Statutes, 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 judgment by any one person which exceeds the sum of$200,000, or any claim or judgment 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 $300,000 from any and all personal injury or 4 property damage claims, liability, losses or causes of action which may arise as a result of the negligence of the CITY. Prior to execution of this Agreement by the COUNTY, and commencement of work, the CITY must provide to the COUNTY proof of the CITY's self- insurance pursuant to Chapter 440 and Section 768.28, Florida Statutes, for the following: a. Workers' Compensation b. Comprehensive General Liability c. Automobile Insurance All such insurance required shall be reviewed by the County's Internal Services Risk Management Division for adequacy and acceptability and shall remain in effect during the term of this Agreement. 7. 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 the performance of its activities under this Agreement. 8. The term of this Agreement, as it relates to the guard services, is for a five (5) year period from October 1, 2021 to September 30, 2026. This Agreement, as it relates to the police roving patrol, can be terminated by either party, at any time,by sixty (60) days prior notification, in writing of desire to terminate. 10. All written notices under this Agreement will be sent by certified mail addressed to the following address of the COUNTY: Miami-Dade Parks, Recreation and Open Spaces Department Special Assessment Districts Division 111 NW 1st Street- Suite 1510 Miami, FL 33128— 1929 and 5 the following address for the CITY: City of Miami Beach, Florida 1700 Convention Center Drive Miami Beach, Florida 33139 Attention: City Manager 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 Agreement or by reason of any term, covenant, condition, promise or agreement contained herein, all 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. This Agreement shall be binding upon the parties hereto. 13. The parties shall comply with applicable federal, state and local laws, codes, ordinances, rules and regulations in performing their respective duties, responsibilities and obligations pursuant to this Agreement. The parties shall not unlawfully discriminate in the performance of their respective duties under this Agreement. 14. 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 terms. 15. The terms of this Agreement shall be enforceable by either party hereto in a court of competent jurisdiction by use of all available equitable and legal remedies. Venue in any proceeding shall be in Miami-Dade County, Florida. Each party will bear its own attorneys' fees and costs. 16. This Agreement shall be effective when approved, executed, and delivered by the City Manager of the City of Miami Beach,Florida and the County Mayor or designee as authorized 6 by City Resolution No. and County Resolution No. respectively. 17. As a condition precedent to the effectiveness of this Agreement and any subsequent amendments thereto, this Agreement and such amendments must be filed with the Clerk of the Board, 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 Agreement are merged herein or superseded hereby. 19. No alteration change or modifications of the terms of this Agreement shall be valid unless made in writing and signed by all parties 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 Manager and the County Mayor or designee. [SIGNATURE PAGES TO FOLLOW] 7 IN WITNESS WHEREOF, the parties having caused this Interlocal Agreement to be executed by their respective and duly authorized officers. CITY OF MIAMI BEACH, FLORIDA ATTEST: By: By: Rafael E. Granado, City Clerk Alina T. Hudak, City Manager Date: APPROVED AS TO LEGAL FORM A I CORRECTNESS: 1.1 cattik -- Cqqtoil City Attorney 044 Date 8 MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS, FLORIDA ATTEST: HARVEY RUVIN, CLERK By: By: Deputy Clerk Mayor or Mayor's Designee Date: APPROVED AS TO LEGAL FORM AND CORRECTNESS: County Attorney Date 9 Resolutions-C7 L MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Aline T. Hudak, City Manager DATE: June 23, 2021 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY AND MIAMI-DADE COUNTY, FLORIDA, SECURING CITY OF MIAMI BEACH POLICE OFFICERS TO PERFORM GUARD SERVICES FOR THE PALM AND HIBISCUS ISLAND SECURITY GUARD SPECIAL TAXING DISTRICT, FOR A TERM OF FIVE (5) YEARS, COMMENCING ON OCTOBER 1, 2021 AND EXPIRING ON SEPTEMBER 30, 2026. RECOMMENDATION Adopt the Resolution. BACKGROUND/HISTORY The City Commission adopted Resolutions No. 79-15827 on February 7,1979, approving the creation of the "Palm and Hibiscus Island Security Guard Special Taxing District' (the "District") in order to provide 24-hour guard service, subject to compliance with the applicable Metropolitan Charter and Miami-Dade County Code. The special guard protection service approved consisted of contracting for twenty-four hours a day, seven days a week, 365 days a year, unarmed, uniformed, guard services with a duly licensed and bonded, State of Florida approved Security Guard Service, at the entrance of the District, conditioned upon approval, by affirmative vote of the residents of Palm Island and Hibiscus Islands, in an election to be conducted in accordance with the Miami-Dade County Code, and further subject to approval by the Miami- Dade County Commission. The Miami-Dade County Board of County Commissioners, by adoption of Ordinance No. 80-32 on April 15, 1980, as amended by Ordinance No. 83-122, 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 1.01(a) (11) of the Miami-Dade County Home Rule Charter. The District was approved on June 24, 1980, by a majority vote of qualified electors residing within the District. In connection with the creation of the District,the City leases to Miami-Dade County, Florida (the "County') the security guard building ("Palm and Hibiscus security guard station") located at the causeway entrance to the Palm and Hibiscus Islands for use by the District for Page 287 of 1884 • security services. Thereafter, more than 50% of the owners of the properties within the District filed a petition 'requesting that the County utilize off-duty police officers rather than unarmed security guards to provide guard services within the District. The City Commission of the City of Miami Beach passed and adopted a subsequent Resolution No. 88-19257, on May 26, 1988, requesting that the Board of County Commissioners amend Ordinance No. 83-122 to permit the use of off-duty police officers to provide guard services. The Board of County Commissioners, by the adoption of Ordinance No. 88-62, on July 5, 1988, amended Ordinance No. 80-32, authorizing the utilization of an off-duty police officer to perform guard services within the District twenty-four(24) hours per day, seven (7) days per week, three hundred and sixty-five (365) days per year, and further authorized the use an I nterlocal Agreement to secure such services. ANALYSIS As authorized, the parties have entered into several Interlocal Agreements providing for guard services by City of Miami Beach off-duty police officers. The previous I nterlocal Agreement was dated March 10, 2009 and had five renewal terms, with the final renewal term set to expire September 30, 2021. The Palm and Hibiscus Island Homeowners Association are satisfied with the services being provided by the City's off-duty police officers and the County and City would like to enter into a new Interlocal Agreement. The proposed Interlocal Agreement provides that the City will staff the District with 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 Palm and Hibiscus security guard station for a five-year term, commencing on October 1, 2021 and expiring on September 30, 2026. SUPPORTING SURVEY DATA N/A CONCLUSION The City Manager recommends approving the proposed new I nterlocal Agreement (Exhibit 1) and Resolution accompanying this City Commission Memorandum, in order to ensure the continuation of these important security services for the District. ATH/EC/RC Applicable Area South Beach Is this a"Residents Right Does this item utilize G.Q. to Know" item,pursuant to Bond Funds? City Code Section 2-14? No No Strategic Connection Page 288 of 1884 Neighborhoods- Prevent and solve crime for residents and visitors. Legislative Tracking Police/Office of the City Attorney ATTACHMENTS: Description Resolution- Interlocal Agreement for Palm and Hibiscus Island Security Guard Special Taxing District Exhibit 1 - Interlocal Agreement for Palm and Hibiscus Island Security Guard Special Taxing District ID Resolution-January 28, 2009 Page 289 of 1884 INTERLOCAL AGREEMENT BY AND BETWEEN MIAMI-DADE COUNTY, FLORIDA AND THE CITY OF MIAMI BEACH, FLORIDA SECURING 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 , 2021, by and between MIAMI-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. 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 City Commission adopted Resolutions No. 79-15827 on February 7,1979, approving the creation of the PALM AND HIBISCUS ISLAND SECURITY GUARD SPECIAL TAXING DISTRICT; and WHEREAS, the Miami-Dade County Board of County Commissioners, by adoption of Ordinance No. 80-32 on April 15, 1980, as amended by Ordinance No. 83-122, 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 1.01(a) (11) of the Miami- Dade County Home Rule Charter,in order to provide 24-hours a day, seven days a week,365 days a year, uniformed, unarmed security guard services at the security guard station located at the causeway entrance to the Palm and Hibiscus Islands; and WHEREAS, the District was approved on June 24, 1980, by a majority vote of qualified electors residing within the District; and EXHIBIT 11 'd ga 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. 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. 80-83 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 as herein set forth mutually agree as follows: 1. The CITY will furnish management, supervision, manpower, equipment, vehicles and supplies as required to provide for guard services(may also be referred to herein as(a"service" or"services")This service shall consist of providing one(1)uniformed and armed off-duty police officer twenty-four(24)hours per day,seven(7)days per week,three hundred and sixty-five(365) days per year, within the PALM AND HIBISCUS ISLANDS SECURITY GUARD SPECIAL TAXING DISTRICT boundaries. This service is subject to the availability of the off duty police officers to perform this function and excludes coverage should the CITY require the utilization of its police officers for emergency situations such as natural disasters, civil disturbances, special events, and other similar situations. 2 Page 293 of 1884 In the event that the CITY finds that it is in the CITY's best interest to provide guard services with on-duty police officers,the County agrees to accept the services of the on-duty police officers and pay for said services pursuant to paragraph 2. 2. The COUNTY agrees to pay the CITY's fixed hourly rate prevailing at the time of execution of this Agreement for an off-duty or on-duty police officer, as applicable. The COUNTY also agrees to pay the applicable administrative fee as set by City Code. The COUNTY is aware that this hourly rate per off duty or on-duty police officer and administrative fee are subject to change as reflected in the uniform assignment rates set by the CITY and agrees to accept modifications affecting said rate of pay and administrative fees which may occur during the existence of this Agreement and subsequent renewals, if applicable, provided the COUNTY has received at least sixty (60) days advance notice of any such change. The COUNTY will also pay for the services provided by the job coordinator at the prevailing rates set by the CITY. The job coordinator will charge for coordination services provided in compliance with the existing policy of the Miami Beach Police Department. The COUNTY acknowledges that the CITY's prevailing rates for services performed during recognized holidays will be higher than non-holiday workdays. 3. From special assessments collected within the District, the COUNTY shall pay all costs incurred by the CITY pursuant to Sections 1 and 2, above, within forty-five (45) days of receipt of itemized invoices. 4. Written instructions that clearly outline duties, responsibilities and expectations of officers ("Post Order"), shall be prepared by the Miami Beach Police Department and posted at a mutually agreed upon location within the District. All officers must comply with and have access to these Post Orders at all times while on duty. All Post Orders (initial or revised) must be 3 Page 294 of 1884 approved by the COUNTY. Post Orders may be amended from time to time by the COUNTY in its discretion as it deems appropriate in its administration of the District. The COUNTY will furnish at no cost to the CITY, a sufficient number of all required forms and a desk book with 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; and c. desk book. 6. The CITY agrees to indemnify and hold harmless the COUNTY and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' 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 agrees to pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or 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, Florida Statutes, 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 judgment by any one person which exceeds the sum of$200,000, or any claim or judgment 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 $300,000 from any and all personal injury or 4 Page 295 of 1884 property damage claims, liability, losses or causes of action which may arise as a result of the negligence of the CITY. Prior to execution of this Agreement by the COUNTY, and commencement of work, the CITY must provide to the COUNTY proof of the CITY's self- insurance pursuant to Chapter 440 and Section 768.28, Florida Statutes, for the following: a. Workers' Compensation b. Comprehensive General Liability c. Automobile Insurance All such insurance required shall be reviewed by the County's Internal Services Risk Management Division for adequacy and acceptability and shall remain in effect during the term of this Agreement. 7. 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 the performance of its activities under this Agreement. 8. The term of this Agreement, as it relates to the guard services, is for a five(5) year period from October 1, 2021 to September 30, 2026. This Agreement, as it relates to the police roving patrol, can be terminated by either party, at any time, by sixty(60) days prior notification, in writing of desire to terminate. 10. All written notices under this Agreement will be sent by certified mail addressed to the following address of the COUNTY: Miami-Dade Parks, Recreation and Open Spaces Department Special Assessment Districts Division 111 NW 1st Street -Suite 1510 Miami,FL 33128— 1929 and 5 Page 296 of 1884 the following address for the CITY: City of Miami Beach, Florida 1700 Convention Center Drive Miami Beach, Florida 33139 Attention: City Manager 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 Agreement or by reason of any term, covenant, { condition, promise or agreement contained herein, all 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. This Agreement shall be binding upon the parties hereto. 13. The parties shall comply with applicable federal, state and local laws, codes, ordinances, rules and regulations in performing their respective duties, responsibilities and obligations pursuant to this Agreement. The parties shall not unlawfully discriminate in the performance of their respective duties under this Agreement. 14. 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 terms. 15. The terms of this Agreement shall be enforceable by either party hereto in a court of competent jurisdiction by use of all available equitable and legal remedies. Venue in any proceeding shall be in Miami-Dade County,Florida. Each party will bear its own attorneys' fees and costs. 16. This Agreement shall be effective when approved, executed, and delivered by the City Manager of the City of Miami Beach,Florida and the County Mayor or designee as authorized 6 Page 297 of 1884 by City Resolution No. and County Resolution No. respectively. 17. As a condition precedent to the effectiveness of this Agreement and any subsequent amendments thereto, this Agreement and such amendments must be filed with the Clerk of the Board, 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 Agreement are merged herein or superseded hereby. 19. No alteration change or modifications of the terms of this Agreement shall be valid unless made in writing and signed by all parties 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 Manager and the County Mayor or designee. [SIGNATURE PAGES TO FOLLOW] 7 Page 298 of 1884 IN WITNESS WHEREOF, the parties having caused this Interlocal Agreement to be executed by their respective and duly authorized officers. CITY OF MIAMI BEACH, FLORIDA ATTEST: By: By: Rafael E. Granado, City Clerk Alina T. Hudak, City Manager Date: APPROVED AS TO LEGAL FORM A ! CO CTNESS: 06 ,04 rI„City Attorney 044 ate 8 Page 299 of 1884 MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS, FLORIDA ATTEST: HARVEY RUVIN, CLERK By: By: Deputy Clerk Mayor or Mayor's Designee Date: APPROVED AS TO LEGAL FORM AND CORRECTNESS: County Attorney Date 9 Page 300 of 1884 IA MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeochfl.gov MEMO # COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: January 28, 2009 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RETROACTIVELY APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND MIAMI-DADE COUNTY,FLORIDA,SECURING OFF-DUTY CITY OF MIAMI BEACH POLICE OFFICERS TO PERFORM GUARD SERVICES FOR THE PALM AND HIBISCUS ISLAND SECURITY GUARD SPECIAL TAXING DISTRICT. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS In 1988, the residents of Palm and Hibiscus Islands voted to create the Palm and Hibiscus Island Security Guard Special Taxing District. The purpose of the Special Taxing District was to permit the hiring of off-duty Miami Beach Police Officers to perform security services for Palm and Hibiscus Islands. That same year, the City and the County entered into the first Inter-local Agreement to provide the services of off-duty Miami Beach Police Officers. The City and the County have renewed the Inter-local Agreement continuously since 1988. The most current Inter-local Agreement recently expired. The Palm Hibiscus Island Homeowner's Association, the County and the City of Miami Beach wish to renew the Agreement. The renewal process has taken longer than expected and as such, retroactive approval is necessary as of January 8, 2007. The Police Department has continued to provide off-duty Police Officers during this period and the residents have had no interruption of services. The new Inter-local Agreement continues the services as currently provided for the period of January 8, 2007 to September 30, 2010, with the option to renew for a three (3)year term. The Agreement provides that the City will staff the Palm and Hibiscus Island station with off- duty Police Officers on a 24-hour a day basis. The Agreement also includes the revised administrative surcharge the City receives for employment of off-duty Police Officers at a rate of$10.00 per hour from October 6, 2008 to September 30, 2010. CONCLUSION By adopting this Resolution, the City of Miami Beach and the County will renew this long standing Interlocal Agreement providing off-duty Miami Beach Police Officers at Palm and ri Hibis s Islands. J MG/ N/RAM/MG Page 301 of 1884 RESOLUTION NO. 2009-26984 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RETROACTIVELY APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND MIAMI-DADE COUNTY, FLORIDA, 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 City and Miami-Dade County have had a series of continuous Inter-local Agreements to provide the services of Off-duty City of Miami Beach police officers to the Palm and Hibiscus Island Security Guard Special Taxing District since 1988; and WHEREAS, the most recent Inter-local Agreement expired and the residents within the Palm and Hibiscus Island Security Guard Special Taxing District and Miami-Dade County wish to renew the Agreement; and WHEREAS, the negotiation of the attached Inter-local Agreement has taken longer than expected and therefore, retroactive approval is necessary; and WHEREAS, the term of this Agreement will be from the period from January 8, 2007 to September 30, 2010, and can be terminated by either party, at any time, by thirty (30) days prior to notification in writing of the desire to terminate; and NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission herein retroactively approve and authorize the Mayor and City Clerk to execute the attached Inter-local Agreement between the City of Miami Beach and Miami-Dade County, Florida, securing off-duty City of Miami Beach Police Officers to perform guard services for the Palm and Hibiscus Island Security Guard Special Taxing District. PASSED and ADOPTED this28th day of January , 2009. MAYOR ATT T:ito Matti Herrera Bower .f Fa/ULAN- APPROVED AS TO FORM$LANGUAGE CITY CLERK Robert Parcher S FOR UTION F:IPOLRTECHSER' POLICIESICOM_MEMOIPakn-Hibiscus Interfocal Ap Page 302 of 1884 mm- 0 a �1