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