Interlocal Agreement
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INTERLOCAL AGREEMENT
BY AND BETWEEN MIAMI-DADE COUNTY, FLORIDA AND
THE CITY OF MIAMI BEACH, 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
THIS INTERLOCAL AGREEMENT, made and entered into this _ day of
, 2007, by and between MIAMI-DADE COUNTY, FLORIDA (the
"COUNTY") 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 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 CITY 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 CITY 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:
1. 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.
2. The CITY agrees to be responsible for furnishing management, supervision,
manpower, equipment and supplies, as required, to provide one (1)
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 officer
in the event of any emergency or extraordinary condition as determined by
the City Manager in his sole and reasonable judgment, which prevents the
availability of such officer.
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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 forty-five 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 forty-five dollars.
3. The COUNTY agrees to pay a fixed hourly rate of thirty dollars
($30.00) per hour for the actual number of service hours performed or the
prevailing rate, except that on the following days, the COUNTY agrees to pay
sixty dollars ($60.00) 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-seven dollars ($30.00) 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 five dollars ($6.50) per shift
worked.
The COUNTY agrees to pay a fixed rate of four dollars ($4.00) per hour worked
for administrative costs associated with this Interlocal 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 $2,500 for a total deposit of $10,353 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.
4. 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
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.
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c. Desk book.
6. 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 anyone 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
7. The term of this Agreement is for the period from October 1, 2006 to
September 30, 2009. 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.
8. 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, through its City Manager Adjustment of the rates
paid to the CITY shall take effect on October 1" 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.
9. 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
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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. 1" 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
with a copy to: Chief of Police
Miami Beach Police Department
1100 Washington Avenue
Miami Beach, FL 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
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. [Intentionally deleted.]
13. This Agreement shall be binding upon the parties hereto, their successors
and assigns.
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. The exclusive venue for any litigation arising out of this Agreement
shall be in Miami-Dade County, Florida, if in state court, and the U.S. District
Court, Southern District of Florida, if in federal court. BY ENTERING INTO
THIS AGREEMENT, THE COUNTY AND THE CITY EXPRESSLY WAIVE
ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OR ANY
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CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS
AGREEMENT.
16. This 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. This Agreement and any amendments may be filed by the COUNTY 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 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 hereto.
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IN WITNESS WHEREOF, the parties having caused this Interlocal Agreement to
be by their respective and duly authorized officers.
ATTEST:
MIAMI-DADE COUNTY, FLORIDA
By:
George Burgess
County Manager
By:
Deputy Clerk
(SEAL)
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ATTEST:
CI
By:
CITY CLERK
Robert Parcher
(SEAL)
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