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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 ~·· JOE I. RASCO, MAYOR ATTEST: J~bkovb VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~J~ 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, 2 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. 3 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. 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 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: 5 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. 6 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. 7 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. 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: 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. 9 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 10 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 11