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HomeMy WebLinkAboutExhibit 1INTERLOCAL AGREEMENT This interlocal Agreement is entered into this day of 2006 by and between Miami -Dade County, a political subdivision of the State of Florida (hereinafter referred to as the "County"), and the City of Miami, a municipality within Miami -Dade County, Florida (hereinafter referred to as the "City"); WITNESSETH WHEREAS, by Ordinance Number 94-38, Miami -Dade County extended to all municipalities within Miami -Dade County recourse to the civil violation enforcement process contained within Section BCC of the Code of Miami -Dade County, Florida; and WHEREAS, that ordinance requires as a condition precedent to allowing such access that the City and the County enter into a mutually satisfactory interlocal agreement outlining, among other things, their relative rights and responsibilities in connection with such enforcement and related hearing process; and WHEREAS, the City and the County wish to participate in this process subject to the terms and conditions of this lnterlocal Agreement more particularly set forth below; NOW THEREFORE the parties hereto agree as follows: I. CITY AND COUNTY RESPONSIBILITIES 1. The City shall enforce the applicable provisions of the Code of Miami -Dade County set forth in Exhibit A by operation of this Interlocal Agreement. 2. Attached hereto as Exhibit B is a true and correct list of all individuals authorized to perform the enforcement functions contemplated by this Agreement (hereinafter referred to as the "Code Inspectors"). The title and job description for each such individual is also set forth in Exhibit B. The City shall be responsible for maintaining Exhibit B current at all times by communicating to the County any and all updates, additions and subtractions from each list. The City represents and warrants to the County that the individuals described in Exhibit B are, where required, properly licensed and qualified to perform the enforcement services contemplated hereunder, and that they are to perform these services. The County__ reserves the right_ to set_minimum—education,_ training,_and background check requirements to be met by Code Inspectors. 3. The City, through its Code Inspectors, shall be authorized and required to perform within the City any and all functions of the Code Inspector set forth in Section 8CC of the Code of Miami -Dade County, a copy of which is attached hereto as Exhibit C and incorporated herein by this reference, as the same may be amended from time to time, including but not limited to issuing civil violation notices, serving, posting and otherwise notifying the alleged violator, and appearing and testifying at any and all administrative and other hearings related to an appeal of the violation. 4. The City shall maintain any and all records of violation and notice, and all required documentation required to uphold the findings of the Code Inspector, including but not limited to reports, photographs, and other substantial competent evidence to be utilized at any administrative or other hearing challenging the actions of the Code Inspectors. Such records and other documentation shall be compiled and maintained so that such records may be quickly referred to in connection with any such hearing. 5. The City shall provide such clerical and administrative personnel as may be required for the performance of any of the functions of the City as set forth in this lnterlocal Agreement. 6. The City shall defend its own citations in any and all administrative hearings relating to those citations, and in any and all actions in court relating to such citations, including all appeals of administrative hearings, and shall provide its own counsel, at City's cost, to represent the City in all proceedings. The City shall be responsible for paying for any and all costs of transcription which it incurs,_in_connecfion with any and all such hearings. 7. The County shall provide hearing officers, hearing rooms, and such other clerical and administrative personnel as may be reasonably required by each hearing officer for the proper performance of his or her duties. 8. Attached hereto as Exhibit D is Administrative Order 2-5 of Metropolitan Dade County (the "Order"). The City agrees to be bound to the full extent as required of a Department in the Order, except it shall only be authorized to enforce those provisions of the Code set forth in Section I of this Interlocal Agreement. The reference to the 3 County Attorney contained in Section 6 of the Department's Responsibilities shall be understood to refer to the City Attorney for purposes of this Interlocal Agreement. 9. After deduction of actual administrative costs and expenses, as defined in the Order, the County Clerk, with the concurrence of the County Budget Director, shall annually return to the City, the remainder of retained original fines, in the same fashion as these fines are returned to a non -general fund issuing department of the County. 10. The County shall be entitled to audit any and all records of the City maintained in connection with this Interlocal Agreement. 11. Either party may terminate this Agreement in the event that the other party commits a material breach. 12. This Interlocal Agreement shall be in effect for a period of one year following its date of execution and shall be automatically renewed for two successive periods of one year each, unless 60 days prior to its term, or extended term, either party signifies to the other its intent not to renew this agreement. This agreement shall not be extended beyond the term of three years. 13. Subject to the limitations contained in Section 768.28 of the Florida Statutes, the City shall indemnify and save the County harmless from and against any and all liability, actions and causes of action relating to the municipality's enforcement of the provisions of Chapter 8CC. 14. This agreement may only be amended in writing, through a document executed by duly authorized representatives of the signatories to this agreement. 4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their names by their duly authorized officers and the corporate seals the day and year first above written. APPROVED AS TO FORM AND LEGAL SUFFICIENCY MIAMI-DADE COUNTY, a political subdivision of the State of Florida By: Assistant County Attorney George M. Burgess County Manager ATTEST: APPROVED AS TO INSURANCE REQUIREMENTS Harvey Ruvin, Clerk Dania F. Carrillo Risk Management Division By: As Deputy Clerk City of Miami, a political subdivision of the State of Florida By: Joe Arriola City Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ATTEST: Jorge L. Fernandez Priscilla A. Thompson City Attorney City Clerk 1