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HomeMy Public PortalAbout20-9751 Execute Interlocal Agreement Between MDC for the Adoption of RepresentationsSponsored by: City Manager RESOLUTION NO. 20-9751 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN MIAMI-DADE COUNTY, FLORIDA AND THE CITY OF OPA-LOCKA, FLORIDA; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE; WHEREAS, in 2015 Miami -Dade County ("MDC") approved an amendment to the MDC Code to reclassify what was formally considered criminal behavior and reduce mass incarcerations by allowing police officers to have discretion to either apprehend an offender or issue a civil citation; and WHEREAS, on September 4, 2019, MDC approved an amendment to Chapter 8CC of the MDC Code to expand the civil citation program and include additional sections of the MDC Code to be eligible for enforcement through civil citations; and WHEREAS, the City of Opa-locka ("City") and Miami -Dade County ("MDC") wish to enter into an Interlocal Agreement, (attached as Exhibit "A"), providing for the enforcement of additional provisions of the Miami Dade County Code through Chapter 8CC as provided for in the Interlocal Agreement; and WHEREAS, the City Commission finds it to be in the best interests of the City and its residents to have the City enforce the provisions the MDC Code through Chapter 8CC as provided for in the Interlocal Agreement. NOW THEREFORE, BE IT RESOLVED THAT THE CITY COMMISSION OF THE CITY OF OPA LOCKA, FLORIDA: Section 1. Adoptions of Representations. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Section 2. Authorizing Execution of Interlocal Agreement. The City Commission of the City of Opa-Locka, Florida hereby authorizes the execution of the Interlocal Agreement between the City of Opa-locka and Miami -Dade County, attached as Exhibit "A". Resolution No. 20-9751 Section 3. Effective Date. This Resolution shall take effect immediately upon adoption, and is subject to the approval of the Governor of the State of Florida or his designee. PASSED AND ADOPTED this 30th day of April, 2020. Matthew A. Pigatt, Mayor ATTEST: J a Flores, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: B rn dette orris -Weeks, P.A. City Attorney Moved by: COMMISSIONER KELLEY Seconded by: VICE MAYOR DAVIS VOTE: 4-0 Commissioner Bass YES Commissioner Burke NOT PRESENT Commissioner Kelley YES Vice -Mayor Davis YES Mayor Pigatt YES Integrity • Respect Service • Fairness Miami -Dade Police Department Office of the Director Police Legal Bureau 9105 NW 25th Street • Room 3069 Miami, Florida 33172-1500 T 305-471-2550 miamidade.gov March 11, 2020 City Manager John E. Pate City of Opa-Locka 780 Fisherman Street, 4th Floor, Opa-Locka, Florida 33054 Dear Manager Pate: Subject: Interlocal Agreement between Miami -Dade County and the City of Opa-Locka We are providing two originals of the Interlocal Agreement between Miami -Dade County and the City of Opa-Locka. The enclosed originals have been executed by Miami - Dade County, and now require execution by the City of Opa-Locka. Once the enclosed agreements have been fully executed by the City, please keep one for your records and retum one to my attention at: 9105 NW 25th Street, Suite 3042 Doral, Florida 33172 We look forward to continuing our partnership on these important public safety initiatives. If you have any questions on this matter, please contact Ms. Lyssa Fordin at 305-471-2503. Sincerely, Janet Lewis Commander Enclosures INTERLOCAL AGREEMENT BETWEEN MIAMI-DADE COUNTY, FLORIDA AND THE CITY OF 0PA-LOCICA ALLOWING THE 0PA-LOCICA POLICE DEPARTMENT TO ENFORCE SECTIONS 7-1(C), 7-3, 7-4, 7-22.1, 7-26, 7-26.1, 7-33, 7-34, 7-35, 7-37, 8A-52, 8A-172, 8A- 276(B), 21-21, 21-21.2(B), 21-21.3, 21-24.1, 21-27.1, 21-27,2, 21-28, 21-29(11), 21-29.1, 21- 31.1, 21-31.2(B)(1), 21-31.2(B)(2), 21-31.4(B), 21-35(D), 21-36, 21-36.1, 21-36.3(C), 21-38(A), 21-51, 21-56, 21-57, 21-81(D), 21-118, 21-133, 21-136, 21-287, 26-1, 26A-2A, AND 31-105 OF THE CODE OF MIAMI-DADE COUNTY THROUGH CHAPTER 8CC OF THE COUNTY CODE This Interlocal Agreement made and entered this ` ("Agreement") isday of f di' `` V:- .;U, by and between MIAMI-DADE COUNTY, FLORIDA, a political subdivision of' the State of Florida (hereafter "COUNTY") and the City of Opa-locka (hereafter "PARTICIPATING ENTITY"). WITNESSETH WHEREAS, a PARTICIPATING ENTITY may enforce within its lawful jurisdiction within Miami -Dade County provisions of the Code of Miami -Dade County (the "County Coda") through chapter 8CC of the County Code upon execution and adoption of an interlocal agreement by the COUNTY and the PARTICIPATING ENTITY which contains the sections of the County Code the PARTICIPATING ENTITY wishes to enforce, the job title of the agents or employees of the PARTICIPATING ENTITY authorized to perform the enforcement functions, the amount reimbursable to the COUNTY for administrative costs, the amount of revenue reimbursable to the PARTICIPATING ENTITY from any fine collected, an agreement to indemnify and hold the COUNTY harmless from and against any and all liability, actions and causes of actions relating to the PARTICIPATING ENTITY's enforcement, and a term not to exceed three (3) years; and WHEREAS, the COUNTY and the PARTICIPATING ENTITY agree that it is in their mutual best interests and the best interests of the PARTICIPATING ENTITY and of the citizens of the COUNTY to have the PARTICIPATING ENTITY enforce the provisions of sections 7- 1(c), 7-3, 7-4, 7-22.1, 7-26, 7-26.1, 7-33, 7-34, 7-35, 7-37, 8A-52, 8A-172, 8A-276(b), 21-21, 21- 21.2(b), 21-21.3, 21-24.1, 21-27.1, 21-27.2, 21-28, 21-29(b), 21-29.1, 21-3I.1, 21-31.2(b)(1), 21- 31.2(b)(2), 21-31.4(b), 21-35(d), 21-36, 21-36.1, 21-36.3(c), 21-38(a), 21-51, 21-56, 21-57, 21- 81(d), 21-118, 21-133, 21-136, 21-287, 26-1, 26A-2A, and 31-105 of the County Code, as they may be amended from time to time, through chapter 8CC of the County Code, NOW, THEREFORE, IN CONSIDERATION of the mutual benefits derived here from and in compliance with section 8CC-11 of the County Code, the COUNTY and the PARTICIPATING ENTITY covenant and agree as follows: I. CODE SECTIONS SUBJECT TO ENFORCEMENT The PARTICIPATING ENTITY is authorized to enforce the provisions of sections 7-1(c), 7-3, 7-4, 7-22.1, 7-26, 7-26.1, 7-33, 7-34, 7-35, 7-37, 8A-52, 8A-172, 8A-276(b), 21-21, 21- 21.2(b), 21-21.3, 21-24.1, 21-27.1, 21-27.2, 21-28, 21-29(b), 21-29.1, 21-31.1, 21-31.2(b)(1), 21- 31.2(b)(2), 21-31.4(b), 21-35(d), 21-36, 21-36.1, 21-36.3(c), 21-38(a), 21-51, 21-56, 21-57, 21- 81(d), 21-118, 21-133, 21-136, 21-287, 26-1, 26A-2A, and 31-105 of the County Code (the "Specified Sections"), as they may be amended from time to time, through chapter 8CC of the County Code, including but not limited to the ability to issue civil violation notices under section 8CC-10 of the County Code for violations of the provisions of the Specified Sections, as they may be amended from time to time, within the jurisdiction of the PARTICIPATING ENTITY, Notwithstanding this authorization, nothing in this Agreement shall be construed to limit, 7 supersede, or remove the independent authority of the COUNTY to enforce the Specified Sections within the jurisdiction of the PARTICIPATING ENTITY. II. AUTHORIZED AGENTS All law enforcement officers as defined by section 943.10(1), Florida Statutes that are employed by the PARTICIPATING ENTITY are authorized by this Agreement to perform the enforcement functions outlined in and in accordance with this Agreement. III. AMOUNT REIMBURSABLE TO MIAMI-DADE COUNTY FOR COSTS RELATED TO THE CONDUCT OF HEARINGS ON APPEALS The PARTICIPATING ENTITY shall reimburse the COUNTY for the administrative costs relating to the conduct of hearings on appeals from violations as provided in Section I above by paying the administrative fee for civil violation hearings as outlined in Implementing Order 4-33. The PARTICIPATING ENTITY shall also be responsible for reimbursing the COUNTY for any attorney's fees and costs, including the costs of transcripts and clerical costs, incurred in such proceedings. The billing for the administrative fee and any incurred attorney's fees and costs shall be processed by the Ivliami-Dade Police Department, and funds shall be payable to the Miarni- Dade Police Department within thirty (30) days of receipt of an invoice for such services. Funds received by the Miami -Dade Police Department from the PARTICIPATING ENTITY will be deposited into the Miami -Dade County Diversion Program, except that a portion of the funds received from the PARTICIPATING ENTITY may be used to offset costs incurred by the Miami - Dade Police Department in connection with billing for the above fee and costs. In addition, the PARTICIPATING ENTITY shall bear all costs relating to any subsequent appeal of the Hearing Officer's decision to the Circuit Court of the Eleventh Judicial Circuit and/or any higher court, and shall be solely responsible for representing the PARTICIPATING ENTITY in any such proceedings. 3 IV. AMOUNT OF REVENUE REIMBURSABLE TO THE PARTICIPATING ENTITY FROM THE FINE COLLECTED Subject to applicable state law, the Clerk of Courts shall, on a quarterly basis, reimburse to the PARTICIPATING ENTITY the fines collected from the issuance of civil violation notices for violations of the Specified Sections as set forth in section 8CC-10 of the County Code. Prior to the reimbursement, the Clerk of Courts will deduct the Clerk's administrative costs of processing the civil violation notices from the fines collected. Should the violator opt to enter the Miami -Dade County Diversion Program as set forth in Implementing Order 2-12, the Clerk shall pay to the COUNTY, and the COUNTY shall keep, the entire processing fee paid by the violator, V. TERM OF AGREEMENT AND RENEWALS This Agreement shall be in full force and effect from the date of the final execution by either party and shall continue for three (3) years. At the expiration of the three (3) year period, in order for the PARTICIPATING ENTITY to continue its enforcement efforts, the COUNTY and the PARTICIPATING ENTITY may renew this Agreement for up to three (3) terms of three (3) years each. VI. PARTICIPATING ENTITY INDEMNIFICATION OF THE COUNTY Subject to the limitations set forth in section 768.28, Florida Statutes, and all other applicable laws, the PARTICIPATING ENTITY shall indemnify and hold harmless the COUNTY from and for any losses, claims, causes of action, or damages of any nature whatsoever, arising from the act, omission, performance, or failure of performance of the PARTICIPATING ENTITY or the PARTICIPATING ENTITY'S agents, contractors, servants, and employees relative to the enforcement of the provisions of the Specified Sections pursuant to chapter 8CC of the County Code. The PARTICIPATING ENTITY shall defend the COUNTY in any action, including any action in the name of the COUNTY. 4 VII. DEFAULT A. Without limitation, the failure by the PARTICIPATING ENTITY to substantially fulfill any of its material obligations in accordance with this Agreement shall constitute a "Participating Entity Default." If a Participating Entity Default should occur, the COUNTY shall have all the following rights and remedies which may be exercised singly or in combination: 1. The right to declare that this Agreement together with all rights granted to the PARTICIPATING ENTITY thereunder are terminated, effective upon such date as is designated by the COUNTY. Provided, however, that the COUNTY shall give PARTICIPATING ENTITY a period of thirty (30) days after receipt of the written notice from the COUNTY of said default to cure any Participating Entity Default unless the COUNTY determines, in its sole and absolute discretion, that the nature of the default is such that it cannot be cured in a period of thirty (30) days from the date of the default. If the PARTICIPATING ENTITY commences reasonable efforts to cure such default no later than thirty (30) days after such notice, and such efforts are prosecuted to completion and to the COUNTY's satisfaction, then it shall be deemed that no Participating Entity Default shall have occurred under the provisions of this paragraph. 2. Any and all rights provided under the laws of the State of Florida. B. Without limitation, the failure by the COUNTY to substantially fulfill any of its material obligations in accordance with this Agreement shall constitute a "County Default." If a County Default should occur, the PARTICIPATING ENTITY shall have all of the following rights and remedies which it may exercise singly or in combination: J 1. The right to declare that this Agreement together with all rights granted to the COUNTY thereunder are terminated, effective upon such date as is designated by the PARTICIPATING ENTITY. Provided, however, that the PARTICIPATING ENTITY shall give the COUNTY a period of thirty (30) days after receipt of written notice from the PARTICIPATING ENTITY of said default to cure any County Default unless the PARTICIPATING ENTITY determines, in its sole and absolute discretion, that the nature of the default is such that it cannot be cured in a period of thirty (30) days from the date of the default. If the COUNTY commences reasonable efforts to cure such default no later than thirty (30) days after such notice, and such efforts are prosecuted to completion and to the PARTICIPATING ENTITY'S reasonable satisfaction, then it shall be deemed that no County Default shall have occurred under the provisions of this paragraph. 2. Any and all rights provided under the laws of the State of Florida. VIII. TERMINATION Notwithstanding the above, this agreement may be terminated by either the COUNTY or the PARTICIPATING ENTITY upon thirty (30) days' written notice. IX. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The COUNTY and the PARTICIPATING ENTITY agree to submit to service of process and jurisdiction of the State of Florida for any controversy or claim arising out of or relating to this Agreement or a breach of this Agreement. Venue for any court action between the COUNTY and the PARTICIPATING ENTITY for any such controversy arising from or related to this Agreement shall be in the Eleventh Judicial Circuit in and for Miami -Dade County, Florida. 6 X. ENTIRETY OF AGREEMENT This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. The COUNTY and the PARTICIPATING ENTITY agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this Agreement, and that this Agreement contains the entire agreement between the COUNTY and the PARTICIPATING ENTITY as to matters contained herein. Accordingly, it is agreed that no deviation from the teams hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that any oral representations or modifications concerning this Agreement shall be of no force or effect, and that this Agreement may be modified, altered, or amended only by a written amendment duly executed by both the COUNTY and the PARTICIPATING ENTITY and their authorized representatives. XL NFADINGS Captions and headings in this Agreement are for ease of reference only and do not constitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein. XII. RIGIiTS OF OTHERS Nothing in this Agreement expressed or implied is intended to confer upon any person other than the COUNTY and the PARTICIPATING ENTITY any rights or remedies under or by reason of this Agreement. 7 XIII. REPRESENTATION OF THE ENFORCEMENT ENTITY The PARTICIPATING ENTITY represents that: (i) this Agreement has been duly authorized, executed, and delivered by the governing body of the PARTICIPATING ENTITY or its designee; and (ii) it has the required power and authority to perform this Agreement. XIV. REPRESENTATION OF COUNTY The COUNTY represents that: (i) this Agreement has been duly authorized, executed, and delivered by the governing body of the COUNTY or its designee; and (ii) the COUNTY has the required power and authority to perform this Agreement. XV. WAIVER There shall be no waiver of any right related to this Agreement unless in writing signed by the party waiving such right. No delay or failure to exercise a right under this Agreement shall impair such right or shall be construed to be a waiver thereof. Any waiver shall be limited to the particular right so waived and shall not be deemed a waiver of the same right at a later time, or of any other right under this Agreement. XVI. INVALIDITY OF PROVISIONS SEVERABILITY Wherever possible, each provision of the Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement, provided that the material purposes of this Agreement can be determined and effectuated. 8 XVII, NOTICE Notices to the PARTICIPATING ENTITY shall be sufficient if sent by Federal Express or certified mail, return receipt requested, postage prepaid, addressed to: PARTICIPATING ENTITY Opa-Locka City Manager City of Opa-Locka 780 Fisherman Street, 4th Floor Opa-Locka, FL 33054 with copy to: PARTICIPATING ENTITY Attorney Opa-Locka City Attorney City of Opa-Locka 780 Fisherman Street, 4th Floor Opa-Locka, FL 33054 Notices to the COUNTY shall be sufficient if sent by Federal Express or certified mail, return receipt requested, postage prepaid, addressed to: Miami -Dade County Mayor Miami -Dade County Stephen P. Clark Center 111 N.W. 1st Street, 29th Floor Miami, FL 33128 with copy to: Or such Miami -Dade County Attorney Miami -Dade County Stephen P. Clark Center 111 N.W. 1st Street, 28th Floor Miami, FL 33128 other respective address as the COUNTY and the PARTICIPATING ENTITY may designate to each other in writing from time to time. IN WITNESS WHEREOF, the COUNTY and the PARTICIPATING ENTITY hereto have set their hands and seals the day and year first above written. 9 MAW-DADE COUNTY ,•-• 7 • Carlos A. Gimenez, Mayor ATTEST: Harveyounty Clerk Miami -Dade County, Florida APPROVED AS TO FORM AND LEGAL SUFFICIENCY: / Anita Viciana Assistant County Attorney Miami -Dade County, Florida Date — / , • -"" . , Ddte 10 CITY OF OPA-LOCKA John E. Pate City Manager ATTEST: Date Joanna Flores, City Clerk Date Opa-Locka, Florida APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Burnadette Norris -Weeks, City Attorney Date Opa-Locka, Florida 11