2013-28319 Reso RESOLUTION NO. 2013-28319
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 INTER-
LOCAL AGREEMENT BETWEEN THE CITY AND MIAMI-DADE
COUNTY, FLORIDA, PERMITTING MIAMI BEACH POLICE
OFFICERS TO ENFORCE PROVISIONS OF THE MIAMI-DADE
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 Inter-local Agreement; and
WHEREAS, the Miami Beach Police Department has agreed to assume the
responsibility for the enforcement of the County Code regulations regarding for-hire
vehicles in the City of Miami Beach; and
WHEREAS, Miami-Dade County has agreed to enter into an Inter-local
Agreement with the City for this purpose; and
WHEREAS, the Inter-local 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
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 Inter-local
Agreement between the City and Miami-Dade County, Florida, permitting Miami Beach
Police Officers to enforce provisions of the Miami-Dade County Code, regarding vehicles
for hire regulations.
PASSED and ADOPTED this /f day of September, 2013.
ATTEST:
OR MATTI HER ERA BOWER
RALPH E. GRANADO Ty
• , �r"' -. APPROVED AS TO
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COMMISSION ITEM SUMMARY
Condensed Title:
Resolution of the Mayor and City Commission of the City of Miami Beach, Florida authorizing the
Mayor and the City Clerk to execute an Inter-local Agreement between the City of Miami Beach and
Miami Dade County, Florida, permitting Miami Beach Police Officers to enforce provisions of the
Miami Dade County Code, specifically regarding vehicles"For Hire"vehicles.
Key Intended Outcome Supported:
Increase visibility of police
Supporting Data (Surveys, Environmental Scan, etc.): The 2012 City of Miami Beach
Community survey determined that increasing police visibility in neighborhoods was the second
most popular method for improving public safety, as 47% of residents chose this option. By
entering into an inter-local agreement with Miami-Dade County to enforce for hire transportation
violations will increase the visibility of MBPD Police Officers.
Item Summa /Recommendation:
Miami Beach Police Department Officers encounter many situations where taxi cab and limousine
drivers or what is referred to as for hire transportation drivers commit violations of Miami Dade County
Code 8CC. To enforce these regulations requires authorization from Miami Dade County via an Inter-
Local Agreement.
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 Inter-local Agreement with Miami-Dade County.
The provisions of Miami-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.
Advisory Board Recommendation:
NA
Financial Information:
Source of Amount Account
Funds: 1
. 2 .
OBPI Total
Financial Impact Summary: NA
City C L AgLe,lative Tracking:
Michael rue , M Hager
Miami Beach Police Department
Sign-Offs:
Department Director . Assistant City Manager - City Manager
Raymond A. Martinez, Chief
Miami Be De
&AIAMIBEACH DATE
AGENDA ITEM C 7 M
,� �
MIAMI BEACH
City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and mbers of a City Commission
FROM: Jimmy L. Morales, City Manag
DATE: September 11, 2013
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 INTER-LOCAL AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND MIAMI-
DADE COUNTY, FLORIDA, PERMITTING MIAMI BEACH
POLICE OFFICERS TO ENFORCE PROVISIONS OF
THE MIAMI-DADE COUNTY CODE, SPECIFICALLY
REGARDING VEHICLES FOR HIRE REGULATIONS.
BACKGROUND
Miami Beach Police Department Officers encounter many situations where taxi cab and limousine
drivers or what is referred to as for hire transportation drivers commit violations of Miami Dade
County Code 8CC. To enforce these regulations requires authorization from Miami Dade County
via an Inter-Local Agreement.
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 Inter-local Agreement with Miami-Dade County.
The provisions of Miami-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.
CONCLUSION
This Interlocal Agreement will permit Miami Beach Police Officers to enforce the County
ordinan es regarding For-Hire vehicles. This will also provide the City with revenues from the
fine co cted by the enforcement efforts.
JLM/ M
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INTERLOCAL AGREEMENT
This Interlocal Agreement is entered into this day of 2013
by and between Miami-Dade County, a political subdivision of the State of Florida
(hereinafter referred to as the "County"), and 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:
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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 "Police Officer'). 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 Police Officer.
3. The City, through its Police Officers, shall be authorized and required to perform
within the City any and all functions of the Police Officer 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.
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4. The City shall maintain any and all records of violation and notice, and all
required documentation required to uphold the findings of the Police Officer, 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 Police
Officers. 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
I nterlocal 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 City, the remainders 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.
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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 MIAMI-DADE COUNTY, a
AND LEGAL SUFFICIENCY political subdivision of the
State of Florida
By:
Assistant County Attorney Carlos A. Gimenez
County Mayor
ATTEST:
Harvey Ruvin, Clerk
By:
As Deputy Clerk
City of Miami Beach, a political
subdivision of the State of Florida
By:
Jimmy Morales
City Manager
APPROVED AS TO FORM
AND LEGAL S FICIENCY: ATTEST:
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Smith Rafael E. Granado
City Attorney City Clerk
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