Resolution No. 2020-23 Miami-Dade County Interlocal Agreement for Enforcement of County Code Sections through 8CC - April 6, 2020 RESOLUTION NO. 2020-23
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 THOSE
SECTIONS LISTED IN SAID AGREEMENT OF THE MIAMI-DADE
COUNTY CODE THROUGH CHAPTER 8CC 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 those sections as
provided in that agreement through Chapter 8CC of the Miami-Dade County Code.
Section 2. Said Interlocal Agreement authorizes the City of Aventura Police
Department to enforce those listed sections of the Miami-Dade County Code, including
the ability to issue civil violation notices, and provides for costs related to conducting
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 Shelley, who moved its
adoption. The motion was seconded by Commissioner Mezrahi, and upon being put to
a vote, the vote was as follows:
Commissioner Denise Landman Yes
Commissioner Dr. Linda Marks Yes
Commissioner Gladys Mezrahi Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Marc Narotsky Yes
Mayor Enid Weisman Yes
City of Aventura Resolution No. 2020-23
PASSED AND ADOPTED this 6t" day of April, 2020.
ENID WEISMAN, MAYOR
aq`'i
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
V4 �� [IA-f�_
CITY ATTORNEY
Page 2 of 2
INTERLOCAL AGREEMENT BETWEEN
MIAMI-DADE COUNTY,FLORIDA
AND
CITY OF AVENTURA
ALLOWING AVENTURA POLICE DEPARTMENT TO ENFORCE
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)(1),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 CODE OF MIAMI-DADE COUNTY
THROUGH CHAPTER 8CC OF THE COUNTY CODE
3rd
This Interlocal) Agreement ("Agreement") is made and entered this day of
1'l' I�'� , iib/"0, by and between MIAMI-DADE COUNTY, FLORIDA, a political
subdivision of the State of Florida (hereafter "COUNTY") and the City of Aventura (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 PARTICIPATING 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
WHEREAS, the COUNTY and the PARTICIPATING ENTITY agree that it is in their
mutual best interests and the best interests of the PARTICIPATING ENTITY and of the citizens
of the COUNTY to have the PARTICIPATING ENTITY 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)(1),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,THEREFORE,IN CONSIDERATION of the mutual benefits derived here from
and in compliance with section 8CC-11 of the County Code, the COUNTY and the
PARTICIPATING ENTITY covenant and agree as follows:
I. CODE SECTIONS SUBJECT TO ENFORCEMENT
The PARTICIPATING 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)(1),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 (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-10 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
supersede,or remove the independent authority of the COUNTY to enforce the Specified Sections
within the jurisdiction of the PARTICIPATING ENTITY.
H. AUTHORIZED AGENTS
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. AMOUNT REIMBURSABLE TO MIAMI-DADE COUNTY FOR COSTS -
RELATED TO THE CONDUCT OF HEARINGS ON APPEALS
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. AMOUNT OF REVENUE REIMBURSABLE TO THE PARTICIPATING ENTITY
FROM THE FINE COLLECTED
Subject to applicable state law,the Clerk of Courts shall,on a quarterly basis,reimburse to
the PARTICIPATING ENTITY the fines collected from the issuance of civil violation notices for
violations of the Specified Sections as set forth in section 8CC-10 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 OF AGREEMENT AND RENEWALS
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. PARTICIPATING ENTITY INDEMNIFICATION OF THE 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 PARTICIPATING 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. TERMINATION
Notwithstanding the above, this agreement may be terminated by either the COUNTY or
the PARTICIPATING ENTITY 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 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. ENTIRETY OF AGREEMENT
This Agreement incorporates and includes all prior 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
PARTICIPATING ENTITY 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 COUNTY and the PARTICIPATING ENTITY any rights or remedies under or by
reason of this Agreement.
7
XIII. REPRESENTATION OF THE ENFORCEMENT ENTITY
The PARTICIPATING 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. 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.
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.
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:
Mr. Ronald J. Wasson, City Manager
City of Aventura
19200 W. Country Club Drive
Aventura, Florida 33180
with copy to:
Mr. David M.Wolnin, City Attorney
Weiss Serota Helfman Cole & Bierman, P.L.
Z U U E Broward Boulevard, Suite 1900
Fort Lauderdale, Florida 33301
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. 1 st 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
J *-ZE:5 "0 MAUR!CE L. KEMP
Carlos A. imenez, Mayor Date DEPUTY MAYOR
MIAMI-DADE C i Y. FL
ATTEST:
OA‘a S/3/2 6 „,—......
Harvey Ruvin, County Clerk Date J` (A ivi :tl
Miami-Dade County, Florida f
t s�`.O�`, Cei
APPROVED AS TO FORM AND LEGAL *41.,
SUFFICIENCY:
. ad.l... /..........1
o2 / 24
Anita iciana Date
Assistant County Attorney
Miami-Dade County, Florida
10
S
i
CITY OF AVENTURA
Ronald J. Wasson Date April 6, 2020
City Manager
ATTEST: ` -
EllisaL. Horvath,MMC DateApril 6, 2020
City Clerk
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
V4
David M. Wolpin Date April 6, 2020
City Attorney
11