HomeMy Public PortalAbout2023-70 Approving an Interlocal Agreement with Miami Dade County to enforce certain provisions of the Miami-Dade County CodeRE S O L U T IO N N O . 2 0 2 3 -7 0
A RE S O L U T I O N O F T H E V IL L A G E C O U N C IL O F T H E
V I L L A G E O F K E Y B I S C A Y N E , F L O RI D A , A P P R O V IN G
A N I N T E RL O C A L A G RE E M E N T W IT H M IA M I-D A D E
C O U N T Y T O A L L O W T H E V IL L A G E O F KE Y B IS C A Y N E
T O E N F O R C E C E R T A IN P R O V IS I O N S O F T H E M IA M I
D A D E C O U N T Y C O D E , P U R S U A N T T O S E C T IO N sec OF
THE MIAMI-DADE COUNTY CODE; PROVIDING FOR
AUTHORIZATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, pursuant to Section 8CC of the County Code, the Village of Key Biscayne
(the "Village"), being a municipality within Miami-Dade County (the "County"), is entitled to
enforce certain provisions of the County Code by entering into an interlocal agreement with the
County; and
WHEREAS, the County has proposed entering into an interlocal agreement with the
Village, attached hereto as Exhibit "A" (the "Interlocal Agreement"), which authorizes the Village
to issue civil citation notices and enforces certain provisions of the County Code; and
WHEREAS, the Village Council desires to approve the Interlocal Agreement and
authorize the Village Manager to enter into the Interlocal Agreement with the County, in
substantially the form attached hereto as Exhibit "A"; and
WHEREAS, the Village finds that this Resolution will promote the health, safety and
welfare ofthe Village.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND VILLAGE
COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals. That each of the above-stated recitals are hereby adopted,
confirmed, and incorporated herein.
Section 2. Approval. That the Village Council approves the Interlocal Agreement
with the County, in substantially the form attached hereto as Exhibit "A."
Section 3. Authorization. That the Village Manager is hereby authorized to execute
the Interlocal Agreement, in substantially the form attached hereto as Exhibit "A," subject to the
approval of the Village Attorney as to form, content, and legal sufficiency.
Section 4.
adoption.
Effective Date. That this Resolution shall take effect immediately upon
PASSED and ADOPTED this 14th day of -=-N=o'--'-v=em=be=:cr==--=:::------ 2023
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JOE I. RASCO, MAYOR
ATTEST:
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VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
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WEISS SEROTA HELFMAN COLE & BIERMAN, P.L.
VILLAGE ATTORNEY
E X H IB IT A
INTERLOCAL AGREEMENT BETWEEN
MIAMI-DADE COUNTY, FLORIDA
AND
VILLAGE OF KEY BISCAYNE
ALLOWING THE KEY BISCAYNE POLICE DEPARTMENT TO ENFORCE
SECTIONS 7-l(C), 7-3, 7-4, 7-22.1, 7-26, 7-26.1, 7-33, 7-34, 7-35, 7-37, SA-52, SA-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)(l), 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-Sl(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 sec OF THE COUNTY CODE
This Interlocal Agreement ("Agreement") is made and entered this __ day of
_____ , 2023, by and between MIAMI-DADE COUNTY, FLORIDA, a political
subdivision of the State of Florida (hereafter "COUNTY") and the Village of Key Biscayne
(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 Code")
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 PAR TI CIP A TING 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
W HEREAS, the COUN TY and the PARTICIPATING ENTITY agree that it is in their
mutual best interests and the best interests of the PAR TIC IPA TING ENTITY and of the citizens
of the COUN TY to have the PARTICIPATING ENTITY enforce the provisions of sections 7-
l(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)(l), 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, THERE FORE, IN CONSIDERA TION of the mutual benefits derived here from
and in compliance with section 8CC-1 l of the County Code, the COUNTY and the
PARTICIPATING ENTITY covenant and agree as follows:
I. CODE SECTIONS SUBJECT TO ENFORCEMENT
The PAR TI CIP A TING 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)(l), 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-
8l(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-l O 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,
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s u p e r s e d e , o r re m o v e th e in d e p e n d e n t a u th o r ity o f th e C O U N T Y to e n fo rc e th e S p e c ifi e d S e c tio n s
w ith in th e j u r is d ic tio n o f th e P A R TI C I P A TI N G E N TI T Y.
II. A UTH ORI ZED A GEN TS
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. AM OU N T RE IM BU R SAB LE TO MIAM I-DAD E COUNTY FOR COSTS
RE LA TED TO TH E CONDUCT OF HEARI NGS ON AP PEALS
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 Miami-Dade Police Department, and funds shall be payable to the Miami
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.
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IV . AM OU NT O F RE V ENU E R EIM BUR SA BLE TO TH E PAR TICIPATING ENTITY
FR OM TH E FINE COLLECTED
Subject to applicable state law, the Clerk of Courts shall, on a quarterly basis, reimburse to
the PAR TIC IPA TING ENTITY the fines collected from the issuance of civil violation notices for
violations of the Specified Sections as set forth in section 8CC-I O 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 O F A GRE EM EN T AND REN EW A LS
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. PA R TICIPA TIN G EN TITY IN DEM NIFICA TION OF TH E 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.
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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 PAR TI CIP A TING 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:
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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 . T ER M INA TION
Notwithstanding the above, this agreement may be terminated by either the COUNTY or
the PARTICIPATING ENTITY upon thirty (30) days' written notice.
IX . G OV ER N IN G LA W
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.
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X . E N T IRE TY O F A G R EEM E NT
This Agreement incorporates and includes all pnor 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 terms 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
PAR TI CIP A TING ENTITY and their authorized representatives.
X I. H E AD IN G S
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.
X II . RI G H T S O F O TH ER S
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.
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XIII . RE PR ESENTA TION O F TH E EN FOR CEM ENT EN TITY
The P ARTI CIP A TING 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 . RE PRE SEN TA TION O F COU NTY
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 . W A IV ER
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 . IN V AL IDITY O F PR O V ISION S, SEV ERA BILITY
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.
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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:
Steve Williamson
Village of Key Biscayne Village Manager
Village of Key Biscayne
Village Hall, Suite 210
88 West McIntyre Street
Key Biscayne, FL 33149
with copy to:
Weiss, Serota, Helfman, Cole, Bierman, P.L.
Village of Key Biscayne Attorney
2800 Ponce de Leon, Suite 1200
Coral Gables, FL 33134
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:
Miami-Dade County Attorney
Miami-Dade County
Stephen P. Clark Center
111 N.W. 1st Street, 28th Floor
Miami, FL 33128
Or such 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.
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MIAMI-DADE COUNTY
Daniella Levine Cava, Mayor Date
ATTEST:
Luis G. Montaldo, Interim County Clerk Date
Miami-Dade County, Florida
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
Anita Viciana Zapata
Assistant County Attorney
Miami-Dade County, Florida
Date
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VILLAGE OF KEY BISCAYNE
Steven C. Williamson
Village Manager
Date
ATTEST:
Jocelyn B. Koch
Village Clerk
Date
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
Village Attorney Date
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