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HomeMy Public PortalAbout20-9813 Film and EntertainmentSponsored by: City Manager RESOLUTION NO. 20-9813 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 TO AUTHORIZE THE MIAMI-DADE COUNTY OFFICE OF FILM AND ENTERTAINMENT TO ISSUE PERMITS TO FILM AND STILL PHOTOGRAPHY PRODUCTION COMPANIES FOR THE UTILIZATION OF CITY FACILITIES AND SERVICES, AS AUTHORIZED BY THE CITY; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFLCTIVE DATE WHEREAS, the Board of County Commissioners passed Ordinance 91-50, in order to effect a one stop permitting process within the Miami -Dade Office of Film and Entertainment ("Film Office"); and WHEREAS, the Ordinance allows for Miami -Dade County ("County") to enter into interlocal agreements with the various municipalities within Miami -Dade County in order for the Miami -Dade Film Office to permit for use of municipal property and services; and WHEREAS, the various municipalities have expressed willingness to enter into agreement with Miami -Dade County to perform this function on their behalf; and WHEREAS, the City of Opa-locka City Commission ("City Commission") hereby authorizes the County, through its Film Office, to issue permits to film and still photography production companies allowing them to utilize City facilities and services as authorized by the City. WHEREAS, the City of Opa-locka ("City") and Miami -Dade County wish to enter into an Interlocal Agreement, (attached as Exhibit "A"), providing for the authorization of the County, through its Film Office, to issue permits to film and still photography production companies allowing them to utilize City facilities and services, as authorized by the City. Resolution No. 20-9813 WHEREAS, the City Commission finds it to be in the best interests of the City and its residents to authorize the Miami -Dade County Film Office to permit for use of City property and services, as authorized by the City, as provided for in the Interlocal Agreement (attached as Exhibit "A"). 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". 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 14th day of October, 2020. ST: Joa t a Flores, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Burnadette Norris -Weeks, P.A. City Attorney 2 //xi/4f Matthew A. Pigatt, Mayor Resolution No. 20-9813 Moved bv: Commissioner Kelley Seconded by: Commissioner Bass VOTE: 5-0 Commissioner Bass YES Commissioner Burke YES Commissioner Kelley YES Vice -Mayor Davis YES Mayor Pigatt YES 3 City of Opa-locka Agenda Cover Memo Department Director. Department Director Signature: City Manager: John E. Pate CM Signature: Commission Meeting Date: 10.14.2020 Item Type: (EnterX in box) Resolution Ordi nce Other X Fiscal Impact: (EnterXin box) Yes No Ordinance Reading. (EnterXin box) 10 Reading 22+ Reading X Public Hearing: (EnterX in box) Yes No Yes No X X Funding Source: Account# : (Enter Fund & Dept) Ex: Advertising Requirement (Enter X in box) Yes No X Contract/P.O. Required: (EnterX in box) Yes No RFP/RFQ/Bid#: X Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational m Bus. & Economic Dev • Public Safety • Quality of Education • Qual. of Life & City Image • Communcation 0 Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) X Sponsor Name City Manager John Pate Department: City Manager Short Title: A resolution of the City Commission of the City of Opa-locka authorizing the City Manager to enter into a local agreement with Miami -Dade County to permit for use of municipal property and services in order to effect a one stop permitting process within the Miami -Dade Office of Film and Entertainment. Staff Sunnnary: Staff finds it appropriate for Miami -Dade County to issue permits to film and still photography production companies allowing them to utilize City facilities and services as authorized by the City. Proposed Action: Approve legislation and forward a copy to Miami -Dade County Board of County Commissioners. Attachment: Interlocal Agreement. INTERLOCAL AGREEMENT FILM PERMITTING MIAMI-DADE COUNTY — CITY OF OPA-LOCKA THIS AGREEMENT ("Agreement") is made and entered into this day of , 2019, by and between Miami -Dade County, Florida ("County") and the City of Opa- locka ("City). WHEREAS, the Board of County Commissioners passed Ordinance 91-50, in order to effect a one stop permitting process within the Miami -Dade Office of Film and Entertainment ("Film Office"); and WHEREAS, the Ordinance allows for the County to enter into interlocal agreements with the various municipalities within Miami -Dade County in order for the Miami -Dade Film Office to permit for use of municipal property and services; and WHEREAS, the various municipalities have expressed willingness to enter into agreement with Miami -Dade County to perform this function on their behalf: NOW THEREFORE, for and in consideration of the terms, conditions and covenants contained herein, Miami -Dade County and the City of Opa-locka hereto agree as follows: 1. Purpose: The City of Opa-locka hereby authorizes the County, through its Film Office, to issue permits to film and still photography production companies allowing them to utilize City facilities and services as authorized by the City. 2. Term: The City grants authorization to the County, through its Film Office, to issue permits for the period of five years, commencing ten (10) days from the date of approval of this agreement by both parties. 3. Option to Renew: The County or the City may, upon written notice to the other, thirty (30) days prior to the expiration of this agreement, renew this agreement for a period of five years. 4. Cancellation: This agreement may be canceled by either party by providing written notice of intention to terminate, with 30 days prior notice, with or without cause. Any permits which may have been issued prior to termination, but covering dates after the termination date will be honored. 5. Liaison: The City of Opa-locka will appoint a representative to act as liaison to the Film Office, and who will coordinate City facilities and services, and who shall have the authority to authorize the issuance of permits by the County on behalf of the City. 6. Advance Notice: The County agrees to provide written notice to the City of Opa-locka, via email and U.S. mail, of requests for City facilities or services within one working day of receipt of the request from a production company for such service. The City retains the right to deny issuance of a permit based on insufficient advance notice. 7. Insurance: The County, through its Film Office agrees to obtain from any production company issued a permit for the City, an insurance certificate, naming the City as additionally insured, in the amount of one million dollars ($1,000,000.00) for film production and for still photography, providing for comprehensive general liability coverage. In the event that the County fails to verify required insurance, and the City has not waived said requirement, the County shall assume liability under state tort law, within limitations described by 768.28 of Florida Statutes. Verifying insurance means that the County obtains a copy of the production company's liability insurance policy naming the City as an additional insured in the amounts described above. 8. Refusal: The City Mayor, Manager or designated employee in his/her discretion maintains the right to reject any permit application if the City determines that it would not be in the best interest of the City to approve the permit application and the granting of the permit would not serve to promote the general welfare of the community. 9. Guidelines: The City of Opa-locka agrees to provide in writing, Guidelines to govern the issuance of permits issued on the City behalf. These Guidelines are subject to revision at any time, subject to ten (10) days written notice to the Film Office. All Guidelines must conform to law. 10. Facilities: The City of Opa-locka agrees to provide in writing, a schedule of facilities, services and associated fees and required deposits, which it wishes to make available for use. Further, the County agrees to forward any requests for special facilities which the City may own or control and may be requested by a production company. 11. Collections: The City of Opa-locka agrees that they will be responsible for the billing and collection of any fees or charges assessed to a production company for use of facilities and/or services and the County will in no way be liable for such charges, if unpaid. The County shall not issue permits to film and still photography production companies that have unpaid fees or charges assessed by the City under this section, provided the City has notified the County of such unpaid fees or charges. 12. Hold Harmless: The City of Opa-locka agrees that they will hold the County harmless and that the County will be in no way be liable for any damages caused by a production company permitted to film in the City, where the permit was issued with the appropriate authorization of the City's Liaison. 13. Facility Photo File: The City agrees to provide the County with photographs of available areas or facilities which the City wishes to promote for the use of film production and the County agrees to make this material available to production companies, in an effort to market the City, County and South Florida to the film industry. 14. Notice: All legal notices regarding this agreement must be sent to the following address: Miami - Dade County Deputy Mayor Jack Osterholt Attn: Office of Film & Entertainment 111 NW 1st Street, 12th Floor Miami, FL 33128 City of Opa-locka City Manager, John Pate 780 Fisherman Street, 4th Floor Opa-locka, FL 33054 15. Amendment: This agreement may be amended only by the mutual written consent of both parties. 16. Entire Agreement: This Interlocal Agreement, and any Exhibits to this Interlocal Agreement, contain the sole and entire agreement entered into by the parties with respect to the subject matter of the Interlocal Agreement, and supersede any and all other prior written or oral agreements. 17: Severability and Savings Clause: If any term or provisions of this Interlocal Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the reminder of this Interlocal Agreement or the application of such term or provision to the persons or circumstance other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Interlocal Agreement shall be valid and be enforced to the fullest extent permitted by law. 18. Governing Laws: The laws of the State of Florida shall govern this Interlocal Agreement. This Interlocal Agreement is subject to and shall be interpreted to effectuate its compliance with the Miami -Dade County Charter and the City Charter. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their appropriate officials, as of the date first above written. ATTEST: Harvey Ruvin, Clerk MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS BY BY Clerk Mayor Carlos A. Gimenez Approved as to form County Attorney ATTEST: City of Pursuant to Resolution BY BY City Clerk City Mayor Approved as to form City Attorney