Miami-Dade Legislative Item
File Number: 050411
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File Number: 050411 File Type: Resolution Status: Adopted
Version: 0 Reference: R-411-05 Control: County Commission
File Name: INTERLOCAL AGMT W/CITY OF N. MIA REGARDING FILM PERMITS Introduced: 2/15/2005
Requester: NONE Cost: Final Action: 4/5/2005
Agenda Date: 4/5/2005 Agenda Item Number: 11A16
Notes: Title: RESOLUTION AUTHORIZING COUNTY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE CITY OF NORTH MIAMI ALLOWING THE MIAMI-DADE COUNTY OFFICE OF FILM AND ENTERTAINMENT TO ISSUE PERMITS ON BEHALF OF THE CITY AND TO EXERCISE ALL RIGHTS CONFERRED THEREIN
Indexes: CITY OF NORTH MIAMI
  FILM
  INTERLOCAL AGREEMENT
Sponsors: Sally A. Heyman, Prime Sponsor
  Dorrin D. Rolle, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 4/5/2005 11A16 Adopted P

Intergov., Recreation & Cultural Affairs Cmte. 3/9/2005 2A Forwarded to BCC with a favorable recommendation P
REPORT: Ms. Annie Perez, Marketing Director, Miami-Dade Mayor’s Office of Film and Entertainment, explained the One Stop Permitting system which allowed the office to facilitate film, television and photography authorizations quickly and efficiently. She stated that permits could be applied for on the World Wide Web, and through interlocal agreements, the County could represent municipalities. Commissioner Moss asked Ms. Perez to report on the status of the Film and Entertainment Advisory Board at the Committee’s next meeting scheduled for April 13, 2005. Commissioner Seijas asked Assistant County Attorney Monica Maldonado to report the County’s liabilities due to interlocal agreements with municipalities at the Committee’s next meeting scheduled for April 13, 2005.

County Attorney 2/15/2005 Referred Intergov., Recreation & Cultural Affairs Cmte. 3/9/2005

County Attorney 2/15/2005 Assigned Jess M. McCarty 2/15/2005

Legislative Text


TITLE
RESOLUTION AUTHORIZING COUNTY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE CITY OF NORTH MIAMI ALLOWING THE MIAMI-DADE COUNTY OFFICE OF FILM AND ENTERTAINMENT TO ISSUE PERMITS ON BEHALF OF THE CITY AND TO EXERCISE ALL RIGHTS CONFERRED THEREIN

BODY
WHEREAS, the Miami-Dade County Office of Film and Entertainment has provided one-stop film permitting services for most of Miami-Dade County municipalities since 1991; and
WHEREAS, one-stop permitting allows the Office of Film and Entertainment to facilitate film, television and still photography authorizations quickly and efficiently, which helps create a "film friendly" environment within Miami-Dade County for film and television production, and encourages more production as a result; and
WHEREAS, one-stop permitting is one of the single most effective enticements we have to attract an increasing number of film, television and still photography shoots to our community; and
WHEREAS, one-stop permitting is accomplished by entering into interlocal agreements with municipalities in Miami-Dade County; and
WHEREAS, the City of North Miami now desires to enter into such an interlocal agreement with Miami-Dade County,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board authorizes the County Manager to execute an interlocal agreement between Miami-Dade County and the City of North Miami allowing the Miami-Dade County Office of Film and Entertainment to issue permits on behalf of the City, in substantially the form attached, after review and approval by the County Attorney's Office, and to exercise all rights conferred therein.

OTHER
INTERLOCAL AGREEMENT
FILM PERMITTING

MIAMI-DADE COUNTY - CITY OF NORTH MIAMI

WHEREAS, the Board of County Commissioners passed Ordinance 91-50, in order to effect a one stop permitting process within the Miami-Dade Office of Film and Entertainment ("Film Office") and

WHEREAS, the Ordinance allows for the County to enter into interlocal agreements with the various municipalities within Miami-Dade County in order for the Miami-Dade Film Office to permit for use of municipal property and services; and

WHEREAS, the various municipalities have expressed willingness to enter into agreement with Miami-Dade County to perform this function on their behalf:

NOW THEREFORE, for and in consideration of the terms, conditions and covenants contained herein, Miami-Dade County and the City of North Miami hereto agree as follows:

1. Purpose: The City of North Miami hereby authorizes the County, through its Film Office, to issue permits to film and still photography production companies allowing them to utilize City facilities and services as authorized by the City.

2. Term: The City grants authorization to the County, through its Film Office, to issue permits for the period of five years, commencing ten (10) days from the date of approval of this agreement by both parties.

3. Option to Renew: The County or the City of North Miami may, upon written notice to the other, thirty (30) days prior to the expiration of this agreement, renew this agreement for a period of five years.

4. Cancellation: This agreement may be canceled by either party by providing written notice of intention to terminate, with 30 days prior notice, with or without cause. Any permits which may have been issued prior to termination, but covering dates after the termination date will be honored.

5. Liaison: The City of North Miami will appoint a representative to act as liaison to the Film Office, and who will coordinate Town facilities and services, and who shall have the authority to authorize the issuance of permits by the County on behalf of the City.

6. Advance Notice: The County agrees to provide written notice to the City of North Miami, via facsimile and U.S. mail, of requests for City facilities or services within one working day of receipt of the request from a production company for such service. The City retains the right to deny issuance of a permit based on insufficient advance notice.

7. Insurance: The County, through its Film Office agrees to obtain from any production company issued a permit for the City, an insurance certificate, naming the City as additionally insured, in the amount of one million dollars ($1,000,000.00) for film production and for still photography, providing for comprehensive general liability coverage. In the event that the County fails to verify required insurance, and the City has not waived said requirement, the County shall assume liability under state tort law, within limitations described by 768.28 of Florida Statutes. Verifying insurance means that the County obtains a copy of the production company's liability insurance policy naming the City as an additional insured in the amounts described above.

8. Refusal: The City Manager in his/her discretion maintains the right to reject any permit application if the City Manager determines that it would not be in the best interest of the City to approve the permit application and the granting of the permit would not serve to promote the general welfare of the community.

9. Non Exclusive Rights: The City of North Miami retains the right to issue authorization to any production company directly and without notice to the Film Office.

10. Priority Service Consideration: The County agrees that City services will be given first right to provide support service to production companies which are utilizing Town property.

11. Guidelines: The City of North Miami agrees to provide in writing, Guidelines to govern the issuance of permits issued on the City behalf. These Guidelines are subject to revision at any time, subject to ten (10) days written notice to the Film Office. All Guidelines must conform to law.

12. Facilities: The City agrees to provide in writing, a schedule of facilities, services and associated fees and required deposits, which it wishes to make available for use. Further, the County agrees to forward any requests for special facilities which the City may own or control and may be requested by a production company.

13. Collections: The City agrees that they will be responsible for the billing and collection of any fees or charges assessed to a production company for use of facilities and/or services and the County will in no way be liable for such charges, if unpaid. The County shall not issue permits to film and still photography production companies that have unpaid fees or charges assessed by the City under this section, provided the City has notified the County of such unpaid fees or charges.

14. Hold Harmless: The City of North Miami agrees that they will hold the County harmless and that the County will be in no way be liable for any damages caused by a production company permitted to film in the City, where the permit was issued with the appropriate authorization of the City's Liaison.

15. Cooperative Marketing: The County agrees to include the City in any cooperative marketing material which may be issued from the Film Office, and the terms and costs will be determined at the time of production. Further, the County agrees to list the City by name in any reference to "one stop Permitting and it's participating municipalities."

16. Facility Photo File: The City agrees to provide the County with photographs of available areas or facilities which the City wishes to promote for the use of film production and the County agrees to make this material available to production companies, in an effort to market the City, County and South Florida to the film industry.

17. Notice: All legal notices regarding this agreement must be sent to the following address:

Miami - Dade County City of North Miami
County Manager City Manager
Attn: Office of Film & Entertainment 776 NE 125th Street
111 NW 1st Street, Suite 2540 North Miami FL 33161
Miami FL 33128

18. This agreement may be amended only by the mutual written consent of both parties.

IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their appropriate officials, as of the date first above written.

ATTEST:

Harvey Ruvin, Clerk MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS

BY_____________________ BY_________________________
Deputy Clerk Assistant County Manager

Approved as to form ________________________
County Attorney

_________________________________________________________________________

ATTEST: City of North Miami
Pursuant to
Resolution ___________________

BY _________________________ BY________________________
City Clerk City Manager

Approved as to form ________________________
City Attorney




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