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99-23231 RESO " RESOLUTION NO. 99-23231 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 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 Interlocal 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 Interlocal Agreement expired on April 12, 1999, 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 Interlocal Agreement has taken longer than expected and therefore, retroactive approval is necessary; and WHEREAS, the Agreement will be renewed for the period of April 12, 1999, to September 30,1999, with an option to renew for a four (4) year period, from October 1, 1999 to September 30, 2003, at the option of both parties. 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 attached Interlocal Agreement between the City 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 this 7th day of July ,1999, li}f~ MAYOR ATTEST: ~tPCLt~ CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION F:\POLI\TECHSERVlPOLlCIESICOM_RESO\palm&hibiscus island renewal 99.res.wpd ~~~ CITY OF 'MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.fl.us COMMISSION MEMORANDUM NO. ~'7 TO: Mayor Neisen O. Kasdin and Members of the City C mission DATE: July 7,1999 FROM: Sergio Rodriguez City Manager 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 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. BACKGROUND 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 the into first Interlocal Agreement to provide the services of off-duty Miami Beach police officers. The City and the County have renewed the Interlocal Agreement continuously since 1988. The most current Interlocal Agreement expired on April 12, 1999. The Homeowner's Association, the County and the City wish to renew the Agreement. The renewal process has taken longer than expected and as such, retroactive approval is necessary as of April 12, 1999. 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 Interlocal Agreement continues the services as currently provided for the period of April 12, 1999 to September 30, 1999. with the option to renew for a four (4) year term. The Homeowners have expressed the desire to explore different options for providing security services and will do so with direction from the Miami-Dade County Special Taxing District Office. As this process takes time, the Homeowners and the County wish to maintain the services of off-duty police officers until a decision is reached. Agenda Item C-lF 7-1-0,'7 Date 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 provides for the City to receive its administrative surcharge for employment of off-duty police officers which will be approximately $8,736 per year. CONCLUSION By adopting this Resolution, the City and the County will renew this long standing Interlocal Agreement. :~::""~~_~rn..~","'_''''~_ __~, .- \'-~ I ,.- \ ,-.-' 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 l.:::l':( ~.~ THIS INTERLOCAL AGREEMENT, made and entered into this ??.(P!dayof ~M , 1999,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)(1l) 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: 1. 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 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 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 -1- 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 $40.70 per on-dutv 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$40.70. 3. The COUNTY agrees to pay a fixed hourly rate of twenty-five dollars ($25.00) per hour for the actual nwnber 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, 1r.'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 performed in compliance with the existing policy of the Miami Beach Police Department. The COUNTY agrees to pay a fixed rate surcharge of eight dollars ($8.00) per shift worked. The COUNTY agrees to pay a fixed rate of seven dollars ($7.00) per shift worked for administrative costs associated with this Interlocal Agreement. Realizing the competitive market for off-duty police officer services, the COUNTY agrees upon 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 oftwo 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. -2- 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. 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, judgements, 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 April 12, 1999 to September 30,1999" 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. Adjustment of the rates paid to the CITY shall take effect on October I" following the rate change and notice by the CITY. The COUNTY retains the option of renewing the Agreement for an additional four (4) 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 desire to terminate. 9. The CITY agrees to bill the COUNTY for services on a weekly basis. All funds used to o -~- 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. 1 Sl 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 II. 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 -4- 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 amendments thereto, this Interlocal Agreement and such amendments shall be filed with the Clerk ofthe 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. -5- IN WITNESS WHEREOF, the parties having caused this lnterlocal Agreement to be by their respective and duly authorized officers. ATTEST: Clerk (SEAL) ATTEST: By:Jl1br rCU&ur-- CITY CLERK (SEAL) ,...~-.,. /{,o;!' M I ~~MI-DADE COUNTY, FLORIDA ...i.. ""0" l> e-. '. :- I _+_ O~ i z; COUN'-Y' %,' ~:) ',_+_ PJ \0 ~ "l7 .v u:7 "'7 ''''~~ BY: f$,.Merrett R. Stel elm County Manager AI'PROVED M TO FOAII LE SUI'l'lC:lEllft CITY OF MIAMI BEACH BY: F:\POLI\TECHSERV\Policies\MISC\palm & hibiscus 99 contract.wpd -6- NEISM KASDIN MAYOR APPROVED AS TO FORM & l..ANGUAGE & FOR EXECUTiON 1~~~ ~D~~ RESOLUTION NO. 99-23231 A RESOLUTION OF THE MA YORAND 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 AND MIAMI-DADE COUNTY, FLORIDA, SECURING OFF-DUTY CITY OF MIAMI BEACH POLICE OFFICERS TO PERFORM GUARD SERVICES FOR THE P ALMAND HIBISCUS ISLAND SECURITY GUARD SPECIAL TAXING DISTRICT. WHEREAS, the City and Miami-Dade County have had a series of continuous Interlocal 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 Interlocal Agreement expired on April 12, 1999, 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 Interlocal Agreement has taken longer than expected and therefore, retroactive approval is necessary; and WHEREAS, the Agreement will be renewed for the period of April 12, 1999, to September 30, 1999, with an option to renew for a four (4) year period, from October 1, 1999 to September 30, 2003, at the option of both parties. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR Al~D 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 attached Interlocal Agreement between the City 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 this 7th day of July ,1999. liJI~ MAYOR ATTEST: _~t Pw-cLv.- CITY CLERK APPROVED A5 TO FOR}<I & LANGUAGE & FOR EXECUTION F:\POLI\TECHSERV\POLICIES\COM_RESO\palm&hibiscus island renewal 99.res.wpd ~~~ CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139 http:\\ci.miami-beach.f1.us COMMISSION MEMORANDUM NO. ~'1 TO: Mayor Neisen O. Kasdin and Members of the City C mission DATE: July 7, 1999 FROM: Sergio Rodriguez City Manager SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RETROACTIVELY APPROVING A.~D AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY 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 ADMINISTRA TION RECOMMENDATION Adopt the Resolution. BACKGROUND 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 the into first Interlocal Agreement to provide the services of off-duty Miami Beach police officers. The City and the County have renewed the Interlocal Agreement continuously since 1988. The most current Interlocal Agreement expired on April 12, 1999. The Homeowner's Association, the County and the City \\1sh to renew the Agreement. The renewal process has taken longer than expected and as such. retroactive approval is necessary as of April 12. 1999. 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 Interlocal Agreement continues the services as currently provided for the period of April 12, 1999 to September 30, 1999. with the option to renew for a four (4) year term, The Homeowners have expressed the desire to explore different options for providing security services and will do so with direction from the Miami-Dade County Special Taxing District Office. As this process takes time, the Homeowners and the County wish to maintain the services of off-duty police officers until a decision is reached. Date c.lF 7-l-O,Q Agenda Item 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 provides for the City to receive its administrative surcharge for employment of off-duty police officers which will be approximately $8,736 per year. CONCLUSION By adopting this Resolution. the City and the County will renew this long standing Interlocal Agreement. :Z::'m~~'"",'~",";". ;,,~"".. .",""" MIAMI BEACH POLICE DEPARTMENT PALM ISLAND DETAIL 1. Please report to work on time. Remain until relieved. 2. Park vehicle adjacent to and west of the guardhouse. 3. Check with officer you relieve reference any instructions or special problems. (i.e. Any workmen or meetings on islands) 4. Log license plate numbers and vehicle descriptions of all non-resident vehicles entering Island. If possible, get name and destination. DO NOT GIVE OUT ADDRESS OF RESIDENTS TO ANYONE. 5. Attempt to log name of any person entering on foot. 6. NO ONE IS TO BE REFUSED ENTRY ONTO ISLAND. IF PERSONS ARE 38, THEN CHECK OR HAVE CHECKED PER MBPD POLICY. 7. Do not leave guard house during shift, unless A. To chase fishermen off bridge. B. Extreme emergency involving life or death. C. Serious problem involving children at park across from guard house. D. In all cases notify CDC if you have to leave and request back-up as necessary. 8. Keep guard house clean. 9. All commercial vehicles are to be logged as follows: A. Company name. B. Tag number and description of vehicle. C. Time of arrival and departure if possible. D. Destination, if given. 10. Keep gate down at all times, and open only after vehicle has stopped. 11. Malfunctions of gate will be reported to Dade County immediately. (Dade County Public Works PH: 375-2702). 12. Log will be made available to authorized directors of the Island Taxpayers Association upon request. They are to be removed by Dade County Special Taxing District Division personnel only. 13. Thank you for your cooperation - any problems are to be referred to Captain Gerry Tollefsen at 673-7934. 12/11/89 METROPOLITAN DADE COUNTY, FLORIDA ..II>> ~tf. ., STEPHEN P. CLARK CENTER OFFICE OF COUNTY MANAGER SUITE 2910 111 N.W. 1st STREET MIAMI, FLORIDA 33128.1994 (305) 375.5311 July 6, 2000 Mr. Lawrence A Levy City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Re:Palm and Hibiscus Islands Security Guard Special Taxing District Renewal ofInterlocal Agreement Dear Mr. Levy: Please be advised that, as specified in Section 8 of the referenced Interlocal Agreement, and with the consent of the City of Miami Beach granted in your letter of May 2, 2000, Miami- Dade County hereby, exercises the renewal provision of the Interlocal Agreement, effective October 1, 1999. . - M. R. Stierheim County Manager cc: Aristides Rivera, P.E., P.L.S. Acting Director Public Works Department LA LEVY.MkS , . ,---- CITY OF MIAMI BEACH 1700 Convention Center Drive, Miami Beach, FI33139 htlp:/Ic1.mlaml-beach.fl.us Office of the City Manager Telephone 305-673-7010 Facsimile 305-673-7782 May 2, 2000 Ms. Marie Helene Cohen, Chief Public Works Division Special Taxing Districts Division Metro Dade Center Suite 1510 111 NW First Street Miami, FL 33128-1970 RE: Palm and Hibiscus Islands Interlocal Agreement Dear Chief Cohen: Please be advised the City of Miami Beach, under paragraph 8 of the existing Interlocal Agreement, hereby consents to a continuation of the Interlocal Agreement. Thank you very much for your time on our behalf and we look forward to continued cooperation between us. Sincerely, ~;;~~H.-~ City Manager LAL:RB:DD:PS:MMS F:\POLI\TECHSERV\POllCIES\MISC\paIm w hiabiscuslaland 2000 consant: Ietter.wpd JD)[g@[g D W@fn) ~ MAY 8 _ 2000 &; PUBLIC WORKS SPECIAL TAXING DISTRICTS DIV.