2000-23986 RESO
RESOLUTION NO. 2000-23986
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA,
AUTHORIZING THE MAYOR AND THE CITY CLERK TO
EXECUTE, ON BEHALF OF THE CITY, AN AGREEMENT
WITH THE STATE OF FLORIDA, DEPARTMENT OF
BUSINESS REGULATIONS, DIVISION OF HOTELS AND
RESTAURANTS, DELEGATING TO THE CITY OF MIAMI
BEACH THE AUTHORITY UNDER CHAPTER 399,
FLORIDA STATUTES, TO ISSUE CONSTRUCTION
PERMITS, TEMPORARY OPERATION PERMITS, AND
CERTIFICATES OF OPERATION, PROVIDE INSPECTION
OF ELEVATORS, AND ENFORCE THE ELEVATOR
SAFETY CODE WITHIN THE CITY OF MIAMI BEACH FOR
ALL ELEVATORS, EXCEPT FOR ELEVATORS OWNED BY
MIAMI-DADE COUNTY.
WHEREAS, the City Commission of the City of Miami Beach is aware that it is in the best
interests of the City of Miami Beach for elevator inspection laws to be enforced on a local level by
the Miami Beach Building Department instead of Miami-Dade County; and
WHEREAS, the State of Florida, Department of Business Regulation, Division of Hotels
and Restaurants, has agreed to enter into an Agreement granting the City of Miami Beach the right
to enforce the provisions of Chapter 399, Florida Statutes, within the City of Miami Beach, except
with respect to elevators owned by Miami-Dade County.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk
are authorized to execute, on behalf of the City, an agreement with the State of Florida, Department
of Business Regulation, Division of Hotels and Restaurants, delegating to the City of Miami Beach
the authority under Chapter 399, Florida Statutes, to issue construction permits, temporary operation
permits, and certificates of operation, provide inspection of elevators, and enforce the Elevator
Safety Code within the City of Miami Beach for all elevators, except for elevators owned by Miami-
Dade County.
PASSED and ADOPTED this 12th day of July 1:[ 2000.
APPROVEDAST~ 1 ~
FORM & LANGUAG'tr YOR
ATTEST:
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CITY CLERK
& FOR EXECUTION
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CITY OF MIAMI BEACH
CITY HAlL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139
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TO:
FROM:
SUBJECf:
COMMISSION MEMORANDUM NO.
~2b-c:o
Mayor Neilen O. Kasdin and DATE: July 11,2000
Memben ofthe City Commission
Lawrence A. Levy Q,~
City MaDall~V'/
A REsoLlTnoN OF THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR
AND THE CITY CLERK TO EXECUTE, ON BEHALF OF THE CITY, AN
AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF
BUSINESS REGULATION, DIVISION OF HOTELS AND RESTAURANTS,
DELEGATING TO THE CITY OF MIAMI BEACH THE AUTHORITY
UNDER CHAPTER 399, FLORIDA STATUTES, TO ISSUE
CONSTRUCTION PERMITS, TEMPORARY OPERATION PERMITS, AND
CERTIFICATES OF OPERATION, PROVIDE INSPECTION OF
ELEVATORS, AND ENFORCE THE ELEVATOR SAFETY CODE WITHIN
THE CITY OF MIAMI BEACH FOR ALL ELEVATORS, EXCEPT FOR
ELEVATORS OWNED BY MIAMI-DADE COUNTY.
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
ANALYSIS:
Since 1990, the City of Miami Beach has been enforcing elevator inspection laws locally instead of
Miami-Dade County. The City issues construction permits, temporary operation permits and
certificates of operation, in addition to providing elevator inspections and enforcing the Elevator
Safety Code for all elevators, except for elevators owned by Miami-Dade County. The City currently
has an agreement with the State of Florida to provide this service.
Recently, the Sate of Florida, Department of Business and Professional Regulations, Division of
Hotels and Restaurants, made changes to Chapter 399 of the Florida Statutes. These revisions will
not require City staff to change any current procedures, however, it is necessary to incorporate said
changes. As such, the City's agreement with the State will need to be amended. The changes are
as follows:
AGENDA ITEM CIS
DATE 1~12-0a
T:\AGENDA\2000\JUL1200\CONSENliELEV ATR1.WPD
Commission Memorandum
July J 2, 2000
Authorization of Interagency Agreement -Elevator Inspections
Page 2
Chanies in Chl\Pter 399 Florida Statutes'
399.02 - General requirements-
Eliminates the Division of Elevator Safety's authority to adopt certain codes and provide exceptions
thereto; requires the division to develop a code and submit it to the Florida Building Commission for
adoption; authorizes the division to enforce specified provisions of the Florida Building Code;
requires the division to review and recommend revisions to the Florida Building Code.
399.03 - Design, installation and alterations of elevators. -
Substitutes references to the Florida Building Code for references to the Elevator Safety Code.
399.13 - Delegation of authority to municipalities or counties-
Substitutes references to the Florida Building Code for references to the Elevator Safety Code.
399.061 - Inspections, corrections of deficiencies-
Revises requirements for elevator inspections and service maintenance contracts.
This new Interagency Agreement will not alter in any significant manner the existing system and
organization and will not add any additional costs to the existing budget.
As such, it is recommended that the Mayor and City Commission adopt the attached Resolution
approving the newlrevised Interagency Agreement between the City of Miami Beach and the
Department of Business and Professional Regulation, Division of Hotels and Restaurants delegating
statutory authority to regulate and enforce elevator safety in the City of Miami Beach.
LAUa~
T:\AGENDA\2000\JUL1200ICONSENTlELEV ATR1. WPD
.
,
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INTERAGENCY AGREEMENT BETWEEN THE
DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION, DIVISION OF HOTELS AND RESTAURANTS
AND THE CITY OF MIAMI BEACH
FOR DELEGATION OF STATUTORY AUTHORITY
PURSUANT TO CHAPTER 399, FLORIDA STATUTES,
TO REGULATE AND ENFORCE ELEVATOR SAFETY
The Department of Business and Professional Regulation, Division of Hotels and Restaurants
(hereinafter "Division"), and the City of Miami Beach, Florida (hereinafter "Contractor"), enter into
this Agreement in accordance with the provisions of Section 399.13, Florida Statutes, whereby
Contractor will issue construction permits, temporary operation permits, certificates of operation,
will provide inspection of elevators, and will enforce the Elevator Safety Code, pursuant to the
requirements of Chapter 399, Florida Statutes, and Rule 61C-5, Florida Administrative Code,
effective Februarv 1. 2000 or the last date executed below, whichever is later. This Agreement is
subject to the following conditions:
I. Contractor shall comply with the requirements of this Agreement and all provisions and
obligations contained in and imposed by Chapter 399, Florida Statutes, and Rule Chapter 61C-5,
Florida Administrative Code. In return, Contractor may collect and retain the statutorily authorized
fees and fines associated with performance of the obligations, which fees and fines would otherwise
be collected by the Division. This Agreement does not address, legally or otherwise, any additional
fees imposed by local ordinance.
2. This Agreement incorporates in full, as if fully set forth herein, the provisions of Chapter
399, Florida Statutes, and the Elevator Safety Code, as set forth in Rule Chapter 61C-5, Florida
Administrative Code, as these provisions presently exist and as they may be amended from time to
time.
3. Contractor shall inspect elevators in accordance with Section 399.061, Florida Statutes.
Each inspection shall be competently conducted by the holder of a valid certificate of competency
issued by the Division. The inspector must be an employee of the Contractor. For each inspection
performed, the inspector shall complete an inspection report on a form approved by the Division,
(See Exhibit B). Contractor, as employer and supervisor of the inspector, assumes responsibility for
the inspector's compliance with elevator inspection standards and for correcting any deficient
performance by an inspector, except that the Division retains sole authority for action against the
inspector's certification.
4. Contractor assumes the duty of enforcing the provisions of Chapter 399, Florida Statutes, the
Elevator Safety Code, and all other applicable and authorized elevator laws, rules, and ordinances,
and shall take enforcement action against any elevator owner or other person who violates the
provisions of Chapter 399, Florida Statutes. All enforcement activities shall be conducted in
accordance with the provisions of Chapter 399, Florida Statutes, and Rule Chapter 61C-5 Florida
,
.'
Administrative Code, and shall be reported to the Division in a manner specified by Division.
5. Contractor agrees to provide the Division with a monthly activity report in a format
approved by the Division, (See Exhibit "A"), reflecting the number of permit applications received,
permits issued, inspections conducted, and enforcement actions initiated. Contractor shall maintain
accurate records and documentation, including copies of al permit applications received, all
inspection reports and certificates of operation issued, for inspection by the Division pursuant to
Section 399.13, Florida Statutes.
6. Section 339.125, Florida Statutes, requires that an elevator owner report any accident
occurring on or in an elevator which results in bodily injury or death and which is presumably caused
by malfunction of the elevator. The report must be made within five working days of the accident
on DBPR Form No. 5023-014, Elevator Owner's Accident Report Form, (See Exhibit "C").
Contractor shall provide the Division with copies of all such accident reports within 30 days of
Contractor's receipt of the report.
7. Contractor acknowledges that all records and reports acquired by this Agreement and Chapter
399, Florida Statutes, are subject to public access in accordance with Chapter 119, Florida Statutes,
unless exempted, and must be maintained by Contractor for a period of three years after the useful
life of the document, or according to the retention schedule employed by the Division's Bureau of
Elevators for similar documents.
8. The Division retains all authority with respect to certificates of competency, pursuant to
Section 399.045, Florida Statutes. Contractor may not issue certificates of competency or take
action against the holders thereof pursuant to that Section. However, Contractor shall report to the
Division all known or suspected violations of Chapter 399, Florida Statutes, or the Rule Chapter
61C-5 Florida Administrative Code, Committed by certificate holders.
9. Contractor may grant exceptions to Rule Chapter 61C-5 Florida Administrative Code, as
authorized by the Rule Chapter 61C-5 Florida Administrative Code only with prior express written
approval of the Division.
10. Pursuant to this Agreement, Contractor acts in the place of the Division and not on behalf
of the Division as an agent or representative. Contractor is responsible for all costs incurred for
performance of the delegated responsibilities, and to the extent provided by law and subject to the
limitations provided in Section 768.28, Florida Statutes, as same may be amended, indemnifies the
Department of Business and Professional Regulation, the Division of Hotels and Restaurants, the
Bureau of Elevators, their employees and representatives for any action brought as a result of
Contractor's acts or failure to act under this Agreement.
II. Contractor shall permit the Division access to all documents, papers, letters, or other
materials relating to any actions taken pursuant to authority delegated under this Agreement. If
Contractor refuses such access, the Division may petition any court for an order compelling
production of or access to such documents. Any costs associated with such an action will be paid
by Contractor. Contractor's refusal of access by Division to documents constitutes a basis for the
Division's unilateral cancellation of this Agreement. If Contractor engages in litigation with the
Division on the terms or applicability of this Agreement, each party assumes responsibility for its
own attorney fees and costs.
12. Section 399.13, Florida Statutes, provides that the Division may delegate authority only to
municipalities and counties. Therefore, Contractor may not assign or subcontract this Agreement
or any portion of it. However, if an emergency situation temporarily prevents Contractor's
performance of the duties and responsibilities delegated in this Agreement, the Contractor may
request written permission from the Division to solicit assistance from any other municipality or
county that has also received a delegation of authority from the Division. Such assistance may not
exceed six months without prior written permission from the Division.
13. Contractor shall not issue a certificate of operation until, upon final inspection, the elevator
company supervisor signs an affidavit, witnessed by Contractor's inspector, which provides that the
supervisor directly supervised construction and/or installation of the elevator.
14. The Division may at any time verifY by inspection Contractor's compliance with applicable
standards or otherwise assess the effectiveness of Contractor's inspection program and enforcement
activities, as well as the accuracy of the inspections performed. Division shall notifY Contractor in
writing of any deficiencies noted and provide to Contractor appropriate documentation, where
appropriate. Contractor shall remedy the deficiencies within 30 days of the notice.
15. If the Contractor fails to comply with or enforce the provisions of Chapter 399, Florida
Statutes, or Rule Chapter 61C-5, Florida Administrative Code, or violates the terms of this
Agreement, the Division may cancel this Agreement immediately.
16. Notwithstanding any other provision of this Agreement, either party may cancel this
Agreement without cause and for convenience by providing written notice of cancellation to the
other party one hundred eighty days (180) prior to the effective cancellation date.
17. This document and the attachments hereto constitute the entire Agreement between the
parties and no other agreement or modification, express or implied, shall be binding on either party
unless it is reduced to writing, titled as a Modification, Amendment, or Addendum to this
Agreement, executed by both parties, and attached to this Agreement.
18. Contractor's employment of unauthorized aliens is a violation of Section 274(e) of the
Immigration and Nationalization Act and shall be cause for the Divisions's unilateral cancellation
of this Agreement.
19. This Agreement shall be effective immediately upon its execution by both parties, subject
to any contingencies herein stated.
IN WITNESS WHEREOF, the parties have executed this instrument for the purposes
expressed herein, this day of , 2000.
FOR THE DIVISION:
~4
SUSAN R. McKINLEY, DIRECTO
Division of Hotels and Restaurants
Signed in the Presence of:
APprOVal:Jn-J~~~
&:V CYNTHIA A. HENDERSON,
Secretary, Department of Business
and Professional Regulation
As to the Department of Business and
Professional Regulation, Division of
Hotels and Restaurants
Date approved:
FOR THE CITY OF MIAMI BEACH
(CONTRACTOR)
Attested:
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(MAYOR OR OTHER AUTHORIZED
REPRESENTATIVE)
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City Clerk
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