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HomeMy WebLinkAboutExhibitINTERLOCAL AGREEMENT BY AND BETWEEN MIAMI-DADS COUNTY, FLORIDA AND THE CITY OF FOR PROVISION OF FOR SECURITY GUARD SPECIAL TAXING DISTRICT THIS INTERLOCAL AGREEMENT, made and entered into this day of , by and between MIAMI-DADE COUNTY, FLORIDA (the "COUNTY"), a political subdivision of the State of Florida, and the CITY OF , 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 Ordinance No. on , approving the creation of the SECURITY GUARD SPECIAL TAXING DISTRICT; and WHEREAS, the Miami -Dade County Board of County Commissioners, by adoption of Ordinance No. on , created the 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, and authorized the execution of an interlocal agreement, in order for the CITY to provide off duty police services for the DISTRICT; and SECURITY GUARD SPECIAL TAXING WHEREAS, the District was approved on qualified electors residing within the District; and by a majority vote of 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 police services. This service shall consist of within the 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. The COUNTY agrees to pay the fixed hourly rate prevailing at the time of execution of this Agreement for an off duty police officer. 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 police officer and administrative fee are subject to change as reflected in the uniform off duty 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. 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 and by the COUNTY 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 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 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 $100,000, 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 $200,000 from any and all personal injury or 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: 1. Workers' Compensation 2. Comprehensive General Liability 3. 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. 6. 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. 7. The term of this Agreement, as it relates to the off -duty police services, is for a year period from to . 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. 8. The COUNTY retains the option of renewing this Agreement for a year period at the prevailing off duty police officer rates and administrative fees pursuant to Section 2 above, with the consent of the CITY. The renewal agreement can be terminated by either party, at any time, by sixty (60) days prior notification in writing of desire to terminate. 9. 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 1 st Street - Suite 1510 Miami, FL 33128 —1929 and the following address for the CITY: 10. 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. 11. This Agreement shall be binding upon the parties hereto. 12. 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. 12. 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. 13. 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. 14. This Agreement shall be effective when approved, executed, and delivered by the City Manager of the City of and the County Mayor or designee as authorized by City Ordinance No. and County Ordinance No. respectively. 15. 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. 16. 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. 17. 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. IN WITNESS WHEREOF, the parties having caused this Interlocal Agreement to be executed by their respective and duly authorized officers. CITY OF , FLORIDA CITY MANAGER ATTEST: CITY CLERK MIAMI-DADE COUNTY, FLORIDA COUNTY MAYOR OR COUNTY MAYOR'S DESIGNEE DEPUTY CLERK APPROVED as to Legal Form and Correctness: CITY ATTORNEY ASSISTANT COUNTY ATTORNEY