Interlocal Agreement With Miami Dade County and others 202 - -31737
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
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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.
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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
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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
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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
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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
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by City Resolution No. 2021-31737 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]
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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: 7�1 By:
414"4"--Rafael E. Granado, City Clerk Alina T. Hu , y Manager
Date: 7/ez Z1 �,�
Ik sOAAiED' 5
Oi- 26
APPROVED AS TO LEGAL FORM
AND CORRECTNESS:
joy City Attorney -' s ate
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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
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