INTERLOCAL AGREEMENT - MDC av/3 ag3
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
Interlocal 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
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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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