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2009-27164 ResoRESOLUTION NO. 2009-27164 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY AND MIAMI-DADE COUNTY, FLORIDA, PERMITTING MIAMI BEACH POLICE OFFICERS AND PARKING ENFORCEMENT SPECIALISTS I AND II TO ENFORCE PROVISIONS OF THE MIAMI-DADS COUNTY CODE, SPECIFICALLY REGARDING VEHICLES FOR HIRE REGULATIONS. WHEREAS, the Code of Miami-Dade County, Florida permits the officials and inspectors of municipalities to participate in the enforcement of violations of the County Code; and WHEREAS, in order to participate in this enforcement, the City and the County must enter into an Interlocal Agreement; and WHEREAS, the Miami Beach Police Department and Parking Department have agreed to assume the responsibility for the enforcement of the County Code regulations regarding for-hire vehicles; and WHEREAS, Miami-Dade County has agreed to enter into an Interlocal Agreement with the City for this purpose; and WHEREAS, the Interlocal Agreement will become effective the day it is executed and will be for a term of one year, with an option to renew for two additional years, and the City will receive 75% of all fines collected, and the County will retain 25% of all fees collected to defray administrative costs. NOW THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission herein authorize the Mayor and City Clerk to execute an Interlocal Agreement between the City and Miami-Dade County, Florida, permitting Miami Beach Police Officers and Parking Enforcement Specialists I and II to enforce provisions of the Miami-Dade County Code, regarding vehicles for hire regulations. PASSED and ADOPTED this 9th ATT ~ ~C~ CITY CLERK Robert Parcher day of September, 2009. MAY R Matti Herrera Bower APPROVED AS TO FORM & LANGUAGE & FOFYEXECUTION COMMISSION ITEM SUMMARY Condensed Title: A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida authorizing the Mayor and the City Clerk to execute an Interlocal Agreement between the City of Miami Beach and Miami Dade County, Florida, permitting Miami Beach Police Officers and Parking Enforcement Specialists I and II to enforce provisions of the Miami Dade County Code, specifically regarding vehicles "For Hire" vehicles. rce intenaea outcome su ortea: Maintain crime rates at or below national trends Supporting Data (Surveys, Environmental Scan, etc.): According to the Center For Research and ublic Policy,and Business Residential Satisfaction Survey of City of Miami Beach residents in 2009, ndicated that their three top most important areas of for the City of Miami Beach to address in an effort o improve public safety throughout the City is Preventing Crime 44.9%, Enforcing TrafFc Laws 36.1 nd Increasin Visibili of Police in Nei hborhoods 32.4%. Issue: Shall the City of Miami Beach execute an Interlocal Agreement with Miami Dade County that will give enforcement authority to Miami Dade Police Officers and Parking Enforcement Specialists I and II regarding "For Hire" vehicles. item Summaryihcecommenaation: Under the provisions of the Miami-Dade County Code, Section 8CC, officials and inspectors of municipalities may participate in enforcing the civil violations of the Miami-Dade County Code. In order to participate, the City must enter into an Interlocal Agreement with Miami-Dade County. This Interlocal Agreement will permit Miami Beach Police Officers and Parking Enforcement Specialists I and II to enforce the provisions of the County Code regarding the regulations governing "For-Hire" vehicles. At present, the Miami Beach Police Department (MBPD) and Parking Department enforce these provisions under an Interlocal Agreement which expired June 2008. The MBPD and Parking Department are willing to continue assuming this responsibility. The provisions ofMiami-Dade County Code 8CC, provide the regulations that govern vehicles used "For-Hire". These regulations include advertising or permitting operations without a valid, current for-hire license, permitting or authorizing any chauffeur or other person to operate any for-hire vehicle without the vehicle's current valid operating permit displayed, and allowing or permitting any person to operate afor-hire vehicle without current, valid and sufficient insurance coverage. The Interlocal Agreement will become effective when signed and will be in effect for a period of one year. The Agreement will be automatically renewed for two successive periods of one year each. Either party may terminate the agreement within 60 days of the renewal date. The Interlocal Agreement also provides that the County will receive 25% of all fines collected to defray administrative costs for processing, hearings, etc.; the City will receive 75% of all fines collected and will be reimbursed by the Coun annual) in a lump sum. Advisory Board Recommendation: Financial Information: Source of Amount Account Funds: ~ 2 3 OBPI Total Financial Impact Summary: Ci Clerk's Off' - islative Trackin Michae en, Manager Plannin and Research Section Sign-Offs: 1 Depar~r~nt Director I Assistant City Manager I ~ity Manager ~-I Chief Carlos Noriega, MBPD _ ~~ I~ /~ ~ ~ ~~ ~ AGENDA ITEM G ~~~ ~/ l SATE m MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, vaww.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: September 9, 2009 Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND MIAMI- DADE COUNTY, FLORIDA, PERMITTING MIAMI BEACH POLICE OFFICERS AND PARKING ENFORCEMENT SPECIALISTS I AND II TO ENFORCE PROVISIONS OF THE MIAMI-DADE COUNTY CODE, SPECIFICALLY REGARDING VEHICLES FOR HIRE REGULATIONS. ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND Under the provisions of the Miami-Dade County Code, Section 8CC, officials and inspectors of municipalities may participate in enforcing the civil violations of the Miami-Dade County Code. In order to participate, the City must enter into an Interlocal Agreement with Miami-Dade County. This Interlocal Agreement will permit Miami Beach Police Officers and Parking Enforcement Specialists I and II to enforce the provisions of the County Code regarding the regulations governing "For-Hire" vehicles. At present, the Miami Beach Police Department (MBPD) and Parking Department enforce these provisions under an Interlocal Agreement which expired June 2008. The MBPD and Parking Department are willing to continue assuming this responsibility. The provisions ofMiami-Dade County Code 8CC, provide the regulations that govern vehicles used "For- Hire". These regulations include advertising or permitting operations without a valid, current for-hire license, permitting or authorizing any chauffeur or other person to operate any for-hire vehicle without the vehicle's current valid operating permit displayed, and allowing or permitting any person to operate a for-hire vehicle without current, valid and sufficient insurance coverage. The Interlocal Agreement will become effective when signed and will be in effect for a period of one year. The Agreement will be automatically renewed for two successive periods of one year each. Either party may terminate the agreement within 60 days of the renewal date. The Interlocal Agreement also provides that the County will receive 25% of all fines collected to defray administrative costs for processing, hearings, etc.; the City will receive 75% of all fines collected and will be reimbursed by the County annually in a lump sum. CONCLUSION This Interlocal Agreement will permit Miami Beach Police Officers and Parking Enforcement Specialists I and II to enforce the County ordinances regarding For-Hire vehicles that are currently not being enforced. This will also provide the City with revenues from the fines collected by the enforce~ent effmo~rts. JMG/CN/RM/MG