Resolution No. 2019-46 Interlocal Agreement with Miami-Dade County for Enforcement of Section 8CC of the County Code - September 10, 2019 RESOLUTION NO. 2019-46
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE AND OTHERWISE ENTER INTO AN INTERLOCAL
AGREEMENT BY AND BETWEEN THE CITY OF AVENTURA AND
MIAMI-DADE COUNTY FOR THE ENFORCEMENT OF SECTION 8CC
OF THE MIAMI-DADE COUNTY CODE AS IT RELATES TO SECTION
21-81 OF THE MIAMI-DADE COUNTY CODE; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized on behalf of the City to
execute and otherwise enter into the attached agreement (Exhibit "A") by and between
the City of Aventura and Miami-Dade County for the enforcement of Section 8CC of the
Miami-Dade County Code as it relates to Section 21-81 of the Miami-Dade County
Code.
Section 2. Said Interlocal Agreement authorizes the City of Aventura Police
Department to enforce Section 21-81 of the Miami-Dade County Code, including the
ability to issue civil violation notices, and provides for costs related to conduct hearings
on appeals, as well as costs associated with administering the program.
Section 3. The City Manager is hereby authorized to do all things necessary
and expedient to carry out the aims of this Resolution.
Section 4. This Resolution shall become effective immediately upon adoption.
The foregoing resolution was offered by Commissioner Dr. Marks, who moved its
adoption. The motion was seconded by Vice Mayor Landman, and upon being put to a
vote, the vote was as follows:
Commissioner Dr. Linda Marks Yes
Commissioner Gladys Mezrahi Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Denise Landman Yes
Mayor Enid Weisman Yes
City of Aventura Resolution No. 2019-46
PASSED AND ADOPTED this 10th day of September, 2019.
10' EISMAN, MAYOR
L ' FI.O\`O
a
ATTEST:
ELLISA L. HORVATMMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
PM1
CITY ATTORNEY
Page 2 of 2
INTERLOCAL AGREEMENT BETWEEN
MIAMI-DADE COUNTY, FLORIDA
AND
CITY OF AVENTURA
FOR THE ENFORCEMENT OF SECTION 8CC OF THE MIAMI-DADE COUNTY
CODE AS IT RELATES TO SECTION 21-81 OF THE MIAMI-DADE COUNTY CODE
This Interlocal Agreement ("Agreement") is made and entered this /07 rof
g ( g ) day
2019, by and between MIAMI-DADE COUNTY, FLORIDA, a political
subdivision of the State of Florida (hereafter "COUNTY") and the City of Aventura, a Florida
municipal corporation (hereafter "MUNICIPALITY").
WITNESSETH
WHEREAS, Section 21-81 of the Code of Miami-Dade County ("Code") applies to all
municipalities in the County and is enforced, in part, through civil penalties under Section 8CC
of the Code; and
WHEREAS, municipalities in the County may enforce the provisions of Section 21-81
of the Code, pursuant to Section 8CC-11 upon the adoption by the County and municipalities of
an interlocal agreement which contains (1) the sections of the Code which the municipality is
entitled to enforce, (2) the job title of the agents of the municipality authorized to perform the
enforcement functions, (3) the amount reimbursable to the County for administrative costs, (4)
the amount of revenue reimbursable to the municipality from any fine collected, (5) an
agreement to indemnify and hold the County harmless from and against any liability, actions or
causes of actions related to the municipality's enforcement, and (6) contain a term not to exceed
three (3) years; and
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WHEREAS, the parties agree that it is in their mutual best interests and the best interests
of the citizens of the COUNTY and the MUNICIPALITY to have the MUNICIPALITY enforce
the provisions of Section 21-81 of the Code through Section 8CC,
NOW, THEREFORE, IN CONSIDERATION of the mutual benefits derived here
from and in compliance with Section 8CC-11 of the Code, the parties covenant and agree as
follows:
I. CODE SECTIONS SUBJECT TO ENFORCEMENT
The MUNICIPALITY is authorized to enforce Section 21-81 of the Code in accordance
with the provisions of Section 8CC of the Code, including but not limited to the ability to issue
civil violation notices under Section 8CC-10 of the Code for violations of Section 21-81(d)1
through and including 21-81(d)7 of the Code, within its municipal boundaries. Notwithstanding
this authorization, nothing in this Agreement shall be construed to limit, supersede, or remove
the independent authority of the COUNTY to enforce such provisions.
II. AUTHORIZED AGENTS
All law enforcement officers as defined by Florida State Statute 943.10(1) that are
employed by the MUNICIPALITY 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 MUNICIPALITY shall reimburse the COUNTY for the administrative costs relating
to the conduct of hearings on appeals from violations as outlined in Section I above and 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. Such funds shall be payable
to Miami-Dade County within thirty (30) days of receipt of an invoice for such services.
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IV. AMOUNT OF REVENUE REIMBURSABLE TO THE MUNICIPALITY FROM
THE FINE COLLECTED
The CLERK OF COURTS will reimburse on a quarterly basis to the MUNICIPALITY
the fines collected from the issuance of civil violation notices for violations of Section 21-81 of
the Code as set forth in Section 8CC. Prior to the reimbursement, the CLERK OF COURTS will
deduct 17% - 20% from the fines collected for their administrative costs of processing the civil
violation notices. Should the violator opt to enter the Miami-Dade County Diversion Program as
set forth in Implementing Order 2-12, the COUNTY shall keep the entire processing fee paid by
the violator.
V. TERM OF AGREEMENT
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
the COUNTY and the MUNICIPALITY may enter a new interlocal agreement as required by
section 8CC-11 of the Miami-Dade County Code in order for the MUNICIPALITY to continue
its enforcement efforts.
VI. MUNICIPALITY INDEMNIFICATION
Subject to the limitations set forth in Section 768.28, F.S., and all applicable laws, the
MUNICIPALITY 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 or
performance or failure of performance of the MUNICIPALITY or the MUNICIPALITY's
agents, contractors, servants and employees hereunder relative to the enforcement of the
provisions of Section 21-81 of the Code pursuant to Section 8CC of the Code. The
MUNICIPALITY 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 MUNICIPALITY to substantially fulfill any of
its material obligations in accordance with this Agreement shall constitute a "Municipal
Default". If a Municipal 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 MUNICIPALITY thereunder are terminated, effective upon such date as is designated
by the COUNTY. Provided, however, that the COUNTY shall give MUNICIPALITY a
period of thirty (30) days after receipt of the written notice from the COUNTY of said
default to cure any Municipal 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 MUNICIPALITY 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 reasonable satisfaction,
then it shall be deemed that no Municipal 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 MUNICIPALITY shall have all of the
following rights and remedies which it may exercise singly or in combination:
I. 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
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MUNICIPALITY. Provided, however, that the MUNICIPALITY shall give the
COUNTY a period of thirty (30) days after receipt of written notice from the
MUNICIPALITY of said default to cure any County Default unless the
MUNICIPALITY 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
MUNICIPALITY'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. CANCELLATION
Notwithstanding the above, this agreement may be terminated by either the COUNTY or
the MUNICIPALITY 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 MUNICIPALITY 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 parties
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.
X. ENTIRETY OF AGREEMENT
This Agreement incorporates and includes all prior negotiations, correspondence,
conversations, agreements, and understandings applicable to the matters contained herein. The
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parties 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 parties 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 parties hereto and their authorized representatives.
XI. HEADINGS
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. RIGHTS OF OTHERS
Nothing in this Agreement expressed or implied is intended to confer upon any person
other than the parties hereto any rights or remedies under or by reason of this Agreement.
XIII. REPRESENTATION OF THE MUNICIPALITY
The MUNICIPALITY represents that: (i) this Agreement has been duly authorized,
executed and delivered by the governing body of the MUNICIPALITY 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.
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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.
XVII. NOTICE
Notices to MUNICIPALITY provided for herein shall be sufficient if sent by Federal
Express or certified mail, return receipt requested, postage prepaid, addressed to:
Mr. Ronald J. Wasson, City Manager
City of Aventura
19200 W. Country Club Drive
Aventura, Florida 33180
with copy to:
Mr. David M. Wolpin, City Attorney
Weiss Serota Helfam Cole & Bierman, P.L.
200 E Broward Boulevard, Suite 900
Fort Lauderdale, Florida 33301
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and notices to COUNTY, if sent by Federal Express or certified mail, return receipt requested,
postage prepaid addressed to:
County Mayor
Miami-Dade County
Stephen P. Clark Center
111 N.W. 1st Street, 29th Floor
Miami, FL 33128
with copy to:
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 parties may designate to each other in writing from time
to time.
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
MIAMI-DADE COUNTY MAURICE L. KEMP
DEPUTY MAYOR
Ail, )gyMIAMIDE CTY. FL
arlos A. imenez, Mayor ate
ATTEST:
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Harvey Ruvin, County Clerk Date 4 GOM4,•N .
Miami-Dade County, Florida �tirip.410
APPROVED AS TO FORM AND LEGAL 10 �OttOt y4•I
SUFFICIENCY:
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Anita Vi iana Date
Assistant County Attorney
Miami-Dade County, Florida
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CITY OF AVENTURA
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Ronald J. Wasson Date
City Manager
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ATTEST: 7-7
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Ellisa L. Horvath, M 11.te
City Clerk
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
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David M. Wolpin, Esq. Date
City Attorney
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