Interlocal Agreement~'~°q-°~~/~~
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INTERLOCALAGREEMENT
This Interlocal Agreement is entered into this ~~day of ~G~.2009
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 Beach, 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 8CC 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 Interlocal Agreement more particularly set forth below;
NOW THEREFORE the parties hereto agree as follows:
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
Interiocal 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 connection 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 1 of this Interlocal Agreement. The reference to the
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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 Ciiy, the remainder of retained original fines, in the same fashion
as these fines are returned to anon-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
Assistant County Attorney
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
_ . ~_ ~.Z,-a~,
Cdy Attorn
MIAMI-DADE COUNT , a
political subdivision the
State of ida
By:
orge .Burgess
County anager
ATTEST:
;`-a : -~ I Harvey vin, Clerk
•f
• ~ T ~ l ~,; ~Y~ , A eputy Clerk J
•" ~-" `=•~•City of Miami Beach, a political
subdivision of the State of Florida
By: (~ - -
~lorge ,M: Gonzalez
i'_,' Cit}~_0tlanager
ATTEST:
~~ ~~ ~
City Clerk
Robert Parcher
latVi }ierrera Bdwer, Dlayor
MIAMI•DADE
Carlos Alvarez,
Mayor
Consumer Services Department
~,- •, Office of the Director
4` ~"-' 140 West Flagler Street: Suite 903
..., '- ~ ' Miami, Florida 33130-1561
T 305-375-1250 F 305-372-6308
consumer@miamidade.gov
www. miam idade.gov/csd
miamidade.gov
October 23, 2009
Mr. Jorge M. Gonzalez
City Manager
City of Miami Beach
City Hall
1700 Convention Center Drive
Miami Beach, FI 33129
RE: Interlocal Agreement Renewal
Dear Mr. Gonzalez:
Enclosed is a fully executed copy of an Interlocal Agreement between Miami-Dade County and the
City of Miami Beach relating to the enforcement of for-hire regulations. We are very pleased to
continue working with the City of Miami Beach in this effort.
Please do not hesitate to contact me in the event you have questions or concerns.
Sincerely,
,i
~ J-~~ _~
Cafhy Grimes Peel
Director
Enclosure
c: Joe Mora, Director, Passenger Transportation Regulatory Division
MIAMI•DADE
'®
Carlos Alvarez,
Mayor
Mr. Jorge M Gonzalez, City Manager
City of Miami Beach
City Hall
1700 Convention Center Drive
Miami Beach, FI 33129
RE Interlocal Agreement Renewal
Dear Mr Gonzalez:
Consumer Services Department
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m1am.Aade+, oo•e
The City of Miami Beach (City) and Miami-Dade County (County) over the past ten years has jointly
participated in the enforcement of for-hire transportation regulations through the sgning of an Interlocal
Agreement which expired on June 6, 2008. Therefore, to continue this venture between the C~iy and the
County a renewal agreement is enclosed for your review.
On June 8. 2005, the City and the County entered into this Interlocal Agreement which authorized the City to
enforce specific sections and articles of Chapter 4 and 31 of the Code of Miami-Dade County i;Code1
Historically. the two municipalities have had this joint agreement in place since 1998
County staff prepared a new Interlocal Agreement under the same terms and conditions as previous others,
for aone-year term, with a two (21 year automatic renewal clause unless otherwise nobf~ed. The Agreement
authorizes the City to continue to enforce for-hire chauffeur regulaUOns. Exhibd A outlines the various
prowsrons of the County Code relating to for-hire transportaUOn. inclusive of Chapter 31 which encompasses
taxicabs. limousines, passenger motor carriers and special transportation service transportation.
Additionally, Exhibit A includes Article III, Chapter 4 of the Code relating to non-emergency vehicles and
Section 30-371-372 pertaining to private school buses,
Upon the City's concurrence, please return four (4) executed copies of the attached Interlocal Agreement to
this office. The County Manager will provide his signature and a fully executed document will be forwardetl
to the City for their records- County staff will continue coordination with the City of Miami Beach's Police
Department andior the Parking Department,
Should you have any questions or concerns please do not hesitate to contact this office at 305 375-5952.
We appreciate the assistance the City has provided us throughout the years and look forward to continued
service in this area of enforcement.
Sincerely,
- -- Cathy Grimes Peel
Director
Enclosures
C Alex Munoz, Assistant County Manager. CEO
Gerald Sanchez. County Attorney's Office
Mario Goderich. Deputy Director, Consumer Services Department
Joe Mora, Director. Passenger Transportation Regulatory Division