HomeMy WebLinkAboutR-2020-061 City Authorizing to Execute an Interlocal Agreement (''ILA'') w/Broward County Relating to COVID-19 Emergency Order Funding and Enforcement of Emergency Orders; Providing for Conflicts RESOLUTION NO. 2020-061
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE AN INTERLOCAL AGREEMENT ("ILA") WITH BROWARD
COUNTY RELATING TO COVID-19 EMERGENCY ORDER FUNDING AND
ENFORCEMENT OF EMERGENCY ORDERS;PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,Broward County and the City of Dania Beach desire to enter into an Interlocal
Agreement ("ILA") pursuant to Section 163.01, Florida Statutes, also known as the "Florida
Interlocal Cooperation Act of 1969," in order to coordinate enforcement of Broward County
Emergency Orders due to the COVID-19 pandemic; and
WHEREAS, pursuant to Chapter 252, Florida Statutes, and Chapter 8 of the Broward
County Code of Ordinances, Broward County Emergency Order No. 20-10 was issued on May 14,
2020,providing for a phased reopening of business activity beginning on Monday, May 18, 2020,
with restrictions in accordance with a modified Phase 1 of Governor Ron DeSantis' Statewide
reopening plan; and
WHEREAS,pursuant to Section 8-56 of the Broward County Code of Ordinances,County
and City are authorized to implement and enforce the provisions of Emergency Orders issued by
County including, but not limited to, Emergency Order Nos. 20-10, 20-12, 20-13, and any
subsequent Emergency Orders issued by County(collectively, "Emergency Order"); and
WHEREAS, Broward County and the City of Dania Beach are desirous of providing for
enforcement of the Emergency Order and Section 8-56 of the Broward County Code of Ordinances
within the municipal boundaries by City and for County's reimbursement to City for such
enforcement functions in accordance with the terms and conditions set forth in the attached ILA;and
WHEREAS, the City Code Compliance Department Director recommends and the
Administration supports City Commission approval of the Interlocal Agreement offered by the
County; and
WHEREAS, the County acknowledges that it is understood that each municipality will
determine how to enforce compliance, meaning that there will not be uniformity throughout the
County;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above "Whereas" clauses are ratified and confirmed, and they are
made a part of and incorporated into this Resolution by this reference.
Section 2. That the proper City officials are authorized to execute the attached Interlocal
Agreement with Broward County related to COVID-19 Emergency Order Enforcement.
Section 3. That the City Manager and City Attorney are authorized to make minor
revisions to the Agreement as are deemed necessary and proper for the best interests of the City.
Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are
repealed to the extent of such conflict.
Section 5. That this Resolution shall become effective immediately upon its passage and
adoption.
PASSED AND ADOPTED on June 23, 2020.
ATTEST:
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THOMAS SCHNEIDER, CMC L ELLEN
CITY CLERK ��, �' MAYOR
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APPROVED AS TO F RM AND CORRECTNESS:
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THOMAS LkN 1340
CITY ATTORNEY
2 RESOLUTION#2020-061
Return recorded document to:
Josie P. Sesodia, AICP, Director
Planning and Development Management Division
One North University Drive, Box 102
Plantation, FL 33324
Document prepared by:
Maite Azcoitia, Deputy County Attorney
Broward County Attorney's Office
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, FL 33301
INTERLOCAL AGREEMENT
RELATED TO
COVID-19 EMERGENCY ORDER ENFORCEMENT
This Agreement is made and entered into by and between Broward County, a
political subdivision of the State of Florida, hereinafter referred to as "County,"
and
City of Dania Beach, a municipal corporation existing under the laws of the state of
Florida, hereinafter referred to as "City," collectively referred to as the "Parties."
A. This Agreement is entered into pursuant to Section 163.01, Florida Statutes,
also known as the "Florida Interlocal Cooperation Act of 1969."
B. Pursuant to Chapter 252, Florida Statutes, and Chapter 8 of the Broward
County Code of Ordinances, Broward County Emergency Order No. 20-10 was issued on
May 14, 2020, providing for a phased reopening of business activity beginning on Monday,
May 18, 2020, with restrictions in accordance with a modified Phase 1 of Governor Ron
DeSantis' Statewide reopening plan.
C. Pursuant to Section 8-56 of the Broward County Code of Ordinances, County
and City are authorized to implement and enforce the provisions of Emergency Orders
issued by County including, but not limited to, Emergency Order Nos. 20-10, 20-12, 20-13,
and any subsequent Emergency Orders issued by County (collectively, "Emergency
Order").
D. The Parties are desirous of providing for enforcement of the Emergency
Order and Section 8-56 of the Broward County Code of Ordinances within municipal
boundaries by City and for County's reimbursement to City for said enforcement functions
in accordance with the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
representations herein, the Parties agree as follows:
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ARTICLE 1 - SCOPE OF SERVICES
1.1. Commencing upon the Effective Date of this Agreement and ending on December
31, 2020 (the "Enforcement Period"), City agrees to enforce the provisions of the
Emergency Order and Section 8-56 of the Broward County Code of Ordinances
within municipal boundaries. City enforcement shall consist of City responding to all
complaints received during the Enforcement Period of alleged violations of the
Emergency Order within municipal boundaries no later than twenty-four(24) hours
after receipt of the complaint(s) and, no later than forty-eight(48) hours after receipt
of the complaint(s), City shall input the "Outcome" of the complaint(s) into Broward
County's 311 system (QAlert). An "Outcome" shall consist of one (1) of the
following for each complaint: (a) complaint not substantiated; (b) warning notice
issued; or (c) citation issued.
1.2. If a complaint is not originated via the QAlert or mybroward systems (i.e.,
complainant calls, e-mails, or otherwise contacts City directly), City shall enter the
complaint into the QAlert and shall respond and input the Outcome consistent with
the timeframes of Section 1.1.
1.3. For complaints received during the Enforcement Period, City shall enforce the
provisions of Section 8-56 of the Broward County Code of Ordinances,that provides
for penalties of up to One Thousand Dollars ($1,000) per day, up to Fifteen
Thousand Dollars ($15,000) per violation, pursuant to the code enforcement
processes of City. Fines assessed against any person(s) and liens recorded
against any property for enforcement action taken by City pursuant to this
Agreement shall run in favor of City.
1.4. The QAlert system provides that, if a warning notice or citation is issued, the
complaint will be reflected on County's searchable web-based COVID-19
enforcement dashboard. If a complaint is not substantiated, the complaint will not
appear on the enforcement dashboard.
1.5. No later than seven (7) calendar days after the Effective Date of this Agreement,
City shall provide County with the name, phone number, and e-mail address of a
designated City employee who will be granted access to the QAlert and shall be
responsible for entering new complaints and inputting the Outcome of new and
existing complaints into QAlert.
1.6. County shall provide employee designated by City with training and web-based
tutorials on QAlert operation.
ARTICLE 2 — COMPENSATION
2.1. County shall provide a monthly payment to City of$7,500, totaling an amount not to
exceed $52,500, for the Enforcement Period.
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2.2. The Parties agree that the amounts set forth in Section 2.1 are flat fee amounts and
are inclusive of all costs incurred by City in performing the enforcement functions
herein including, but not limited to, the cost of hearings, mailings, publication,
photos, posting of property, and other ancillary costs of enforcement. In no event
shall the monthly reimbursement amount or the total reimbursement to City for the
term of the Agreement exceed the amount set forth in Section 2.1.
2.3. City shall invoice County monthly for enforcement action taken in the preceding
month. Such invoice(s) shall include a list of all complaints received by City the
preceding month, whether through QAlert or directly by City, and the Outcome for
each complaint.
2.4. County shall reimburse City no later than thirty (30) calendar days after the date of
receipt of the invoice and proper documentation provided by City pursuant to
Section 2.3. If County reasonably determines that, during any month, based on the
complaints City is repeatedly failing to enforce any provision of the restrictions of
the Emergency Order, City shall not be eligible for reimbursement of any portion of
the invoiced amount for that month and, if previously paid by County, City shall be
obligated to return such reimbursement in full.
ARTICLE 3 - TERM OF AGREEMENT
This Agreement shall commence on June 1, 2020 ("Effective Date"), provided it is fully
executed by the Parties and recorded in the public records of Broward County before June
30, 2020, and, unless written notice of termination by County or City is provided pursuant
to Article 6, Notices, shall continue in full force and effect until midnight, February 28, 2021.
City shall be entitled to reimbursement for enforcement services performed during the
Enforcement Period.
ARTICLE 4 — IMMUNITY; INDEMNIFICATION
Nothing herein is intended to serve as a waiver of sovereign immunity by any party nor
shall anything included herein be construed as consent to be sued by third parties in any
matter arising out of this Agreement or any other contract. City and County are state
agencies or political subdivisions as defined in Chapter 768.28, Florida Statutes, and agree
to be fully responsible for the acts and omissions of their agents or employees to the extent
permitted by law.
ARTICLE 5 - INSURANCE
City is an entity subject to Section 768.28, Florida Statutes, and City shall furnish County
with written verification of liability protection or self-insurance, in accordance with State law,
prior to execution of this Agreement.
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ARTICLE 6 - TERMINATION
This Agreement may be terminated by either party upon thirty(30)days notice to the other
party of such termination pursuant to Article 7, Notices.
ARTICLE 7 — NOTICES
Whenever any party desires to give notice to another party, such notice must be in writing,
sent by certified United States Mail, postage prepaid, return receipt requested, or sent by
commercial express carrier with acknowledgment of delivery, or by hand-delivery with a
request for a written receipt of acknowledgment of delivery, together with a
contemporaneous copy via e-mail, to the addresses listed below and will be effective upon
mailing or hand-delivery(provided the contemporaneous e-mail is also sent). The manner
in which and persons to whom notice may be provided will remain the same unless and
until changed by providing notice of such change in accordance with this article. The
Parties respectively designate the following persons for receipt and issuance of notice:
To County:
Josie P. Sesodia, AICP, Director
Planning and Development Management Division
One North University Drive, Box 102
Plantation, FL 33324
E-mail address: JSesodia@Broward.org
With copy to:
County Administrator
115 South Andrews Avenue, Suite 409
Fort Lauderdale, FL 33301
E-mail address: bhenry(a-_)broward.org
To City:
Ana M. Garcia, City Manager
100 West Dania Beach Boulevard
Dania Beach, FL 33004
E-mail address: agarcia@daniabeachfl.gov
ARTICLE 8 - MISCELLANEOUS PROVISIONS
8.1. Public Records. The Parties shall comply with all public records requirements of
Chapter 119, Florida Statutes, as may be required by law.
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IF EITHER PARTY HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO A
PARTY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE BROWARD COUNTY
CUSTODIAN OF PUBLIC RECORDS, ALBERT CUMMINGS, AT
(954) 357-8695, ACUMMINGS@BROWARD.ORG, ONE NORTH
UNIVERSITY DRIVE, Box 102, PLANTATION, FLORIDA 33324, OR
[City's Custodian].
8.2. ASSIGNMENT: Neither party shall have the right to assign this Agreement.
8.3. WAIVER: The waiver by either party of any failure on the part of the other party to
perform in accordance with any of the terms or conditions of this Agreement shall not be
construed as a waiver of any future or continuing similar or dissimilar failure.
8.4. SEVERABILITY: In the event any part of this Agreement is found to be
unenforceable by any court of competent jurisdiction, that part shall be deemed severed
from this Agreement and the balance of this Agreement shall remain in full force and effect.
8.5. ENTIRE AGREEMENT: This document incorporates and includes all prior
negotiations, correspondence, conversations, agreements, and understandings applicable
to the matters contained herein; and the Parties agree that there are no commitments,
agreements, or understandings concerning the subject matter of this Agreement that are
not contained in this document. Accordingly, it is agreed that no deviation from the terms
hereof shall be predicated upon any prior representations or agreements, whether oral or
written.
8.6. INDEPENDENT CONTRACTOR: City is an independent contractor under this
Agreement. Services provided by City pursuant to this Agreement shall be subject to the
supervision of City. In providing such services, neither City nor its agents shall act as
officers, employees, or agents of County. This Agreement shall not constitute or make the
parties a partnership or joint venture.
8.7. MODIFICATION: It is further agreed that no modifications, amendments, or
alterations in the terms or conditions contained herein shall be effective unless contained in
a written document executed with the same formality and of equal dignity herewith.
8.8. THIRD PARTY BENEFICIARIES: Neither County or City intends to directly or
substantially benefit a third party by this Agreement. Therefore, the Parties agree that
there are no third party beneficiaries to this Agreement and that no third party shall be
entitled to assert a claim against either of them based upon this Agreement.
7 RESOLUTION#2020-061
8.9. COMPLIANCE WITH LAWS: The Parties shall comply with all applicable federal,
State, and local laws, codes, ordinances, rules, and regulations in performing its duties,
responsibilities, and obligations pursuant to this Agreement.
8.10. LAW, JURISDICTION, VENUE, WAIVER OF JURY TRIAL. This Agreement shall
be interpreted and construed in accordance with and governed by the laws of the State of
Florida. The Parties agree that the exclusive venue for any lawsuit arising from, related to,
or in connection with this Agreement shall be in the State courts of the Seventeenth
Judicial Circuit in and for Broward County, Florida. If any claim arising from, related to, or
in connection with this Agreement must be litigated in federal court, the Parties agree that
the exclusive venue for any such lawsuit shall be in the United States District Court or
United States Bankruptcy Court for the Southern District of Florida. BY ENTERING INTO
THIS AGREEMENT, CITY AND COUNTY HEREBY EXPRESSLY WAIVE ANY RIGHTS
EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION
RELATED TO THIS AGREEMENT.
8.11. PRIORITY OF PROVISIONS. If there is a conflict or inconsistency between any
term, statement, requirement, or provision of any exhibit attached hereto, any document or
events referred to herein, or any document incorporated into this Agreement by reference
and a term, statement, requirement, or provision of this Agreement, the term, statement,
requirement, or provision contained in Articles 1 through 8 of this Agreement shall prevail
and be given effect.
8.12. DRAFTING: This Agreement has been negotiated and drafted by the Parties and
shall not be more strictly construed against any party because of such party's preparation
of this Agreement.
8.13. INTERPRETATION. The headings contained in this Agreement are for reference
purposes only and shall not in any way affect the meaning or interpretation of this
Agreement. All personal pronouns used in this Agreement shall include the other gender,
and the singular shall include the plural, and vice versa, unless the context otherwise
requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter" refer to this
Agreement as a whole and not to any particular sentence, paragraph, or section where
they appear, unless the context otherwise requires. Whenever reference is made to a
section or article of this Agreement, such reference is to the section or article as a whole,
including all of the subsections of such section, unless the reference is made to a particular
subsection or subparagraph of such section or article.
8.14. INCORPORATION BY REFERENCE. Any and all Recital clauses stated above are
true and correct and are incorporated herein by reference.
8.15. REPRESENTATION OF AUTHORITIY. Each individual executing this Agreement
on behalf of a party hereto hereby represents and warrants that he or she is, on the date
he or she signs this Agreement, duly authorized by all necessary and appropriate action to
execute this Agreement on behalf of such party and does so with full and legal authority.
8 RESOLUTION#2020-061
8.16. RECORDING: This Agreement shall be recorded in the Public Records of Broward
County, in accordance with the Florida Interlocal Cooperation Act of 1969.
8.17. NO CONTINGENT FEES. City warrants that is has not employed or retained any
company or person, other than bona fide employees working solely for County, to solicit or
secure this Agreement, and that has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than bona fide employees working solely for City, any
fee, commission, percentage, gift, or other consideration contingent upon or resulting from
the award or making of this Agreement.
[Remainder of page intentionally left blank]
9 RESOLUTION#2020-061
IN WITNESS WHEREOF, the Parties hereto have made and executed this
Interlocal Agreement between County and City related to COVID-19 Emergency Order
enforcement on the respective dates under each signature: Broward County, signing by
and through its County Administrator, and City, signing by and through its
duly authorized to execute same by Commission action on the
day of 120
Coun
WITNESSES: Broward County, by and through
its Broward County Administrator
Print Name: By
Bertha Henry
County Administrator
day of , 20
Print Name:
Approved as to form by
Andrew J. Meyers
Broward County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
By
Maite Azcoitia (Date)
Deputy County Attorney
10 RESOLUTION#2020-061
INTERLOCAL AGREEMENT RELATED TO COVID-19 EMERGENCY ORDER
ENFORCEMENT
CCi
City of Dania Beach
Attest:
By
Lori Lewellen, Mayor
Thomas Schneider, CMC day of , 20
City Clerk
By
Ana M. Garcia, City Manager
day of , 20
APPROVED AS TO FORM:
By
Thomas J. Ansbro, City Attorney
MA/
05/28/2020
COVI D-19-final-frm
11 RESOLUTION#2020-061