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HomeMy WebLinkAboutExhibitINTERLOCAL AGREEMENT BETWEEN MIAMI-DADE COUNTY, FLORIDA AND THE CITY OF MIAMI, FLORIDA ALLOWING THE CITY OF MIAMI TO ENFORCE SECTIONS 7-1(C), 7-3, 7-4, 7-22.1, 7-26, 7-26.1, 7-33, 7-34, 7-35, 7-37, 8A-52, 8A-172, 8A- 276(B), 21-21, 21-21.2(B), 21-21.3, 21-24.1, 21-27.1, 21-27.2, 21-28, 21-29(13), 21-29.1, 21- 31.1, 21-31.2(B)(1), 21-31.2(B)(2), 21-31.4(13), 21-35(D), 21-36, 21-36.1, 21-36.3(C), 21-38(A), 21-51, 21-56, 21-57, 21-81(D), 21-118, 21-133, 21-136, 21-287, 26-1, 26A-2A, AND 31-105 OF THE CODE OF MIAMI-DADE COUNTY THROUGH CHAPTER 8CC OF THE COUNTY CODE This Interlocal Agreement ("Agreement") is made and entered this day of , by and between MIAMI-DADE COUNTY, FLORIDA, a political subdivision of the State of Florida (hereafter "COUNTY") and the CITY OF MIAMI, FLORIDA, a political subdivision of the State of Florida (hereafter "CITY"). WITNESSETH WHEREAS, a CITY may enforce within its lawful jurisdiction within Miami -Dade County provisions of the Code of Miami -Dade County (the "County Code") through chapter 8CC of the County Code upon execution and adoption of an interlocal agreement by the COUNTY and the CITY which contains the sections of the County Code the CITY wishes to enforce, the job title of the agents or employees of the CITY authorized to perform the enforcement functions, the amount reimbursable to the COUNTY for administrative costs, the amount of revenue reimbursable to the CITY from any fine collected, an agreement to indemnify and hold the COUNTY harmless from and against any and all liability, actions and causes of actions relating to the CITY's enforcement, and a term not to exceed three (3) years; and WHEREAS, the COUNTY and the CITY agree that it is in their mutual best interests and the best interests of the CITY and of the citizens of the COUNTY to have the CITY enforce the provisions of sections 7-1(c), 7-3, 7-4, 7-22.1, 7-26, 7-26.1, 7-33, 7-34, 7-35, 7-37, 8A-52, 8A- 172, 8A-276(b), 21-21, 21-21.2(b), 21-21.3, 21-24.1, 21-27.1, 21-27.2, 21-28, 21-29(b), 21-29.1, 21-31.1, 21-31.2(b)(1), 21-31.2(b)(2), 21-31.4(b), 21-35(d), 21-36, 21-36.1, 21-36.3(c), 21-38(a), 21-51, 21-56, 21-57, 21-81(d)(1), (2), (4), (6), and (7), 21-118, 21-133, 21-136, 21-287, 26-1, 26A- 2A, and 31-105 of the County Code, as they may be amended from time to time, through chapter 8CC of the County Code; NOW, THEREFORE, IN CONSIDERATION of the mutual benefits derived here from and in compliance with section 8CC-11 of the County Code, the COUNTY and the CITY covenant and agree as follows: I. CODE SECTIONS SUBJECT TO ENFORCEMENT The CITY is authorized to enforce the provisions of sections 7-1(c), 7-3, 7-4, 7-22.1, 7-26, 7-26.1, 7-33, 7-34, 7-35, 7-37, SA-52, 8A-172, 8A-276(b), 21-21, 21-21.2(b), 21-21.3, 21-24.1, 21-27.1, 21-27.2, 21-28, 21-29(b), 21-29.1, 21-31.1, 21-31.2(b)(1), 21-31.2(b)(2), 21-31.4(b), 21- 35(d), 21-36, 21-36.1, 21-36.3(c), 21-38(a), 21-51, 21-56, 21-57, 21-81(d), 21-118, 21-133, 21- 136, 21-287, 26-1, 26A-2A, and 31-105 of the County Code (the "Specified Sections"), as they may be amended from time to time, through chapter 8CC of the County Code, including but not limited to the ability to issue civil violation notices under section 8CC-10 of the County Code for violations of the provisions of the Specified Sections, as they may be amended from time to time, within the jurisdiction of the CITY. Notwithstanding this authorization, nothing in this Agreement shall be construed to limit, supersede, or remove the independent authority of the COUNTY to enforce the Specified Sections within the jurisdiction of the CITY. 2 II. AUTHORIZED AGENTS All law enforcement officers as defined by section 943.10(1), Florida Statutes that are employed by the CITY are authorized by this Agreement to perform the enforcement functions outlined in and in accordance with this Agreement. III. AMOUNT REIMBURSABLE TO MIAMI-DADE COUNTY FOR COSTS RELATED TO THE CONDUCT OF HEARINGS ON APPEALS The CITY shall reimburse the COUNTY for the administrative costs relating to the conduct of hearings on appeals from violations as provided in Section I above by paying the administrative fee for civil violation hearings as outlined in Implementing Order 4-33. The CITY shall also be responsible for reimbursing the COUNTY for any attorney's fees and costs, including the costs of transcripts and clerical costs, incurred in such proceedings. The billing for the administrative fee and any incurred attorney's fees and costs shall be processed by the Miami -Dade Police Department, and funds shall be payable to the Miami -Dade Police Department within thirty (30) days of receipt of an invoice for such services. Funds received by the Miami -Dade Police Department from the CITY will be deposited into the Miami -Dade County Diversion Program, except that a portion of the funds received from the CITY may be used to offset costs incurred by the Miami -Dade Police Department in connection with billing for the above fee and costs. In addition, the CITY shall bear all costs relating to any subsequent appeal of the Hearing Officer's decision to the Circuit Court of the Eleventh Judicial Circuit and/or any higher court, and shall be solely responsible for representing the CITY in any such proceedings. IV. AMOUNT OF REVENUE REIMBURSABLE TO THE CITY FROM THE FINE COLLECTED Subject to applicable state law, the Clerk of Courts shall, on a quarterly basis, reimburse to the CITY the fines collected from the issuance of civil violation notices for violations of the 3 Specified Sections as set forth in section 8CC-10 of the County Code. Prior to the reimbursement, the Clerk of Courts will deduct the Clerk's administrative costs of processing the civil violation notices from the fines collected. Should the violator opt to enter the Miami -Dade County Diversion Program as set forth in Implementing Order 2-12, the Clerk shall pay to the COUNTY, and the COUNTY shall keep, the entire processing fee paid by the violator. V. TERM OF AGREEMENT AND RENEWALS This Agreement shall be in full force and effect from the date of the final execution by either party and shall continue for three (3) years. At the expiration of the three (3) year period, in order for the CITY to continue its enforcement efforts, the COUNTY and the CITY may renew this Agreement for up to three (3) terms of three (3) years each. VI. INDEMNIFICATION The COUNTY and the CITY acknowledge mutual indemnity subject to the limitations, conditions, and restrictions as contained in Section 768.28 of the Florida Statutes for their own respective negligence but for no other act or omission. VII. DEFAULT A. Without limitation, the failure by the CITY to substantially fulfill any of its material obligations in accordance with this Agreement shall constitute a "CITY Default." If a CITY Default should occur, the COUNTY shall have all the following rights and remedies which may be exercised singly or in combination: 1. The right to declare that this Agreement together with all rights granted to the CITY thereunder are terminated, effective upon such date as is designated by the COUNTY. Provided, however, that the COUNTY shall give CITY a period of thirty (30) days after receipt of the written notice from the COUNTY of said default 4 to cure any CITY Default unless the COUNTY determines, in its sole and absolute discretion, that the nature of the default is such that it cannot be cured in a period of thirty (30) days from the date of the default. If the CITY commences reasonable efforts to cure such default no later than thirty (30) days after such notice, and such efforts are prosecuted to completion and to the COUNTY's satisfaction, then it shall be deemed that no CITY Default shall have occurred under the provisions of this paragraph. 2. Any and all rights provided under the laws of the State of Florida. B. Without limitation, the failure by the COUNTY to substantially fulfill any of its material obligations in accordance with this Agreement shall constitute a "County Default." If a County Default should occur, the CITY shall have all of the following rights and remedies which it may exercise singly or in combination: 1. The right to declare that this Agreement together with all rights granted to the COUNTY thereunder are terminated, effective upon such date as is designated by the CITY. Provided, however, that the CITY shall give the COUNTY a period of thirty (30) days after receipt of written notice from the CITY of said default to cure any County Default unless the CITY determines, in its sole and absolute discretion, that the nature of the default is such that it cannot be cured in a period of thirty (30) days from the date of the default. If the COUNTY commences reasonable efforts to cure such default no later than thirty (30) days after such notice, and such efforts are prosecuted to completion and to the CITY's reasonable satisfaction, then it shall be deemed that no County Default shall have occurred under the provisions of this paragraph. 5 2, Any and all rights provided under the laws of the State of Florida. VIII. TERMINATION Notwithstanding the above, this agreement may be terminated by either the COUNTY or the CITY upon thirty (30) days' written notice. IX. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The COUNTY and the CITY agree to submit to service of process and jurisdiction of the State of Florida for any controversy or claim arising out of or relating to this Agreement or a breach of this Agreement. Venue for any court action between the COUNTY and the CITY for any such controversy arising from or related to this Agreement shall be in the Eleventh Judicial Circuit in and for Miami -Dade County, Florida_ X. ENTIRETY OF AGREEMENT This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. The COUNTY and the CITY agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this Agreement, and that this Agreement contains the entire agreement between the COUNTY and the CITY as to matters contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that any oral representations or modifications concerning this Agreement shall be of no force or effect, and that this Agreement may be modified, altered, or amended only by a written amendment duly executed by both the COUNTY and the CITY and their authorized representatives. 6 XI. HEADINGS Captions and headings in this Agreement are for ease of reference only and do not constitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein, XII. RIGHTS OF OTHERS Nothing in this Agreement expressed or implied is intended to confer upon any person other than the COUNTY and the CITY any rights or remedies under or by reason of this Agreement. XIIL REPRESENTATION OF THE ENFORCEMENT ENTITY The CITY represents that: (i) this Agreement has been duly authorized, executed, and delivered by the governing body of the CITY or its designee; and (ii) it has the required power and authority to perform this Agreement. XIV. REPRESENTATION OF COUNTY The COUNTY represents that: (i) this Agreement has been duly authorized, executed, and delivered by the governing body of the COUNTY or its designee; and (ii) the COUNTY has the required power and authority to perform this Agreement. XV. WAIVER There shall be no waiver of any right related to this Agreement unless in writing signed by the party waiving such right. No delay or failure to exercise a right under this Agreement shall impair such right or shall be construed to be a waiver thereof, Any waiver shall be limited to the particular right so waived and shall not be deemed a waiver of the same right at a later time, or of any other right under this Agreement. XVI. INVALIDITY OF PROVISIONS, SEVERABLLITY 7 Wherever possible, each provision of the Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement, provided that the material purposes of this Agreement can be determined and effectuated. XVII. NOTICE Notices to the CITY shall be sufficient if sent by Federal Express or certified mail, return receipt requested, postage prepaid, addressed to: with copy to: CITY Arthur Noriega V, City Manager City of Miami 444 SW 2nd Ave, 10th Floor Miami, Florida 33128 CITY Attorney Victoria Mendez, City Attorney City of Miami 444 SW 2nd Ave, 9th Floor Miami, Florida 33128 Notices to the COUNTY shall be sufficient if sent by Federal Express or certified mail, return receipt requested, postage prepaid, addressed to: with copy to: Miami -Dade County Mayor Miami -Dade County Stephen P. Clark Center 111 N.W. 1st Street, 29th Floor Miami, FL 33128 Miami -Dade County Attorney 8 Miami -Dade County Stephen P. Clark Center 111 N.W. 1st Street, 28th Floor Miami, FL 33128 Or such other respective address as the COUNTY and the CITY may designate to each other in writing from time to time. XVIII COUNTERPARTS AND ELECTRONIC SIGNATURES. This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. XIX. PUBLIC RECORDS. A. The COUNTY and the CITY understand that the public shall have access, at all reasonable times, to all documents and information pertaining to this Agreement, subject to the provisions of Chapter 119, Florida Statutes, and agree to allow access by the other party and the public to all documents subject to disclosure under applicable laws. A party's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the other party. B. Each party shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) keeping and maintaining public records that ordinarily and necessarily would be required by the Parties regarding the performance of the Services; (2) provide the public with access to public records on the same terms and conditions as the City or the Trust, as the case 9 may be, would at the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law; (4) meet all requirements for retaining public records and transfer, at no cost, to the other party all public records in its possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements; and, (5) provide all electronically stored public records to the the other party in a format compatible with the other party's information technology systems. C. Should one of the Parties hereto determine to dispute any public access provision required by Florida Statutes, then that party shall do so at its own expense and at no cost to the other party. IF THE COUNTY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE COUNTY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CITY CUSTODIAN OF PUBLIC RECORDS AT (305) 416-1830, Via email at PublicRecords@miamigov.com., or regular email at City of Miami Office of the City Attorney, 444 SW 2nd Avenue, 9th FL, Miami, FL 33130. IN WITNESS WHEREOF, the COUNTY and the CITY hereto have set their hands and seals the day and year first above written. 10 MIAMI-DADE COUNTY Carlos A. Giinenez, Mayor Date ATTEST: Harvey Ruvin, County Clerk Date Miami -Dade County, Florida APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Assistant County Attorney Date Miami -Dade County, Florida 11 "CITY" CITY OF MIAMI, a municipal ATTEST: corporation of Florida By: Todd B. Hannon, City Clerk Arthur Noriega V, City Manager APPROVED AS TO LEGAL FORM APPROVED AS TO INSURANCE AND CORRECTNESS: REQUIREMENTS: Victoria Mendez City Attorney Insert Title 12 Ann -Marie Sharpe Risk Management Director