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Home My WebLink AboutReso 99-116 RESOLUTION NO. 99- \ \ ~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT AUTHORIZING THE COUNTY TO ISSUE PERMITS TO FILM FOR USE OF PROPERTY AND SERVICES WITHIN THE CORPORATE LIMITS OF THE CITY OF SUNNY ISLES BEACH AND APPROVING THE TERMS OF THE AGREEMENT ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 12, 1998, the City Commission approved the creation of a Fashion, Film, Entertainment and Production Council to attract the film industry to use property and services within the corporate limits of the City of Sunny Isles Beach, and; WHEREAS, by Ordinance No. f Miami-Dade County which effects a one-stop permitting processing with the Miami-Dade Office of Film and Entertainment and which requires an Interlocal Agreement by and between Miami-Dade County and those cities that wish to participate; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: 1. Approval. The Interlocal Agreement for the purpose of film permitting attached hereto as Exhibit "A", be and the same is hereby approved. 2. Execution by City Manager. The City Manager is hereby authorized to execute this Agreement and make immaterial changes as may become necessary. 3. Effective Date. This Resolution becomes effective upon adoption. PASSED AND ADOPTED this 21ST day of January, 1999. ATTEST: . .. . .. cJ '" ~ ~. ~ ~',,'., ~,..' .', .., ." '\ ^.' .. . , ." . . " '-. . ". h dB. .-ni. "C' "'l"k . Ric ar rown-MoPl'tla,. .. ltY:"C er" i~~~'. ~'. ~': t \.: '-" ,._.,...,~---..~,-'...~ _ j.~ " Film Interlocal Res ',"'" .'...... ,. ,-' ,'-.:~" '.J.', .......~ '\. ,~ ','. . .....l?.. t~' . "'-,. ,<1.\ -1- APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VOTE: t; ....0 Mayor Samson Vice Mayor Turetsky Commissioner Iglesias Commissioner Kauffman Commissioner Morrow Film Interlocal Res V(Yes) V(Yes) V (Yes) ~es) ---1L.(Y es) Moved by: ~~_~ Secondedby: ~v~~ " _(No) _(NO) _(NO) _(NO) _(NO) -2- .' Please return the executed original to: Richard E. Brown-Morilla, City Clerk City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, FL 33160 THIS AGREEMENT, by and between the City of Sunny Isles Beach, Florida, and Miami-Dade County, is made this 1)- day of ~ 1999, to allow the Miami-Dade Office of Film and Entertainment to issue pe s by and on behalf of the City. Exhibit "A" !cfJ ft~ ?-~)-11 INTERLOCAL AGREEMENT FILM PERMITIING RECITALS 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 pennit for use of municipal property and services; and WHEREAS, the various municipalities have expressed willingness to enter into agreement with Metro-Dade County to perform this function on their behalf: NOW THEREFORE, for and in consideration of the terms, conditions and covenants contained herein, Dade County and the City of Sunny Isles Beach hereto agree as follows: I. Pwpose: The City 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 (5) 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 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 (5) 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 will appoint a representative to act as liaison to the Film Office, and who will coordinate City facilities and services, and who shall have the authority to authorize the issuance of permits by the County on behalf ofthe City. In accordance with Section 2-11.14(b )(1) of the Code of Miami-Dade County, the City Manager may e~tablish criteria and procedures to be followed for film permits in order for permits to be authorized by the municipality. 6. Advance Notice: The County agrees to provide written notice to the City, via facsimile and -1- 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 three hundred thousan4dol.1~($300,000.00) for still photography, providing for comprehensive genera1liability 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. Verifying insurance means that the County obtains a copy of the production company's liability insurance policy naming the City as additionally insured in the amounts described above. 8. Refusal: The City Manager in hislher 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 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 the City services will be given first right to provide support service to production companies which are utilizing City property. 11. Guidelines: The City agrees to provide in writing, Guidelines to govern the issuance of permits issued on the City's 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 and may be requested by a production company. 13. Collections: The City agrees that they will be responsible for securing either up front charges, or, in the event of deferred charges, the billing and collection of said fees or charges assessed to a production company for use offacilities 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. 14. Hold Hannless: The City agrees that they will hold the County hannless 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, 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 of costs will be detennined at the time of production. Further, the County agrees to list the City by name in any reference to "one stop -2- 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: Alllegal notices regarding this agreement must be sent to the following address: Miami - Dade County County Manager Attn: Office of Film & Entertainment 111 NW 1st Street, Suite 2510 Miami FL 33128 City of Sunny Isles Beach City Manager 17070 Collins Avenue, Suite 250 Sunny Isles Beach, FL 33160 . 18. This agreement may be amended by the mutual consent ofhoth parties. DADE COUNTY BOARD OF COUNTY COMMISSIONERS BY~~-.~~ ."~~County Manager Approved as to form 'i/kttomey ATTEST: CITY OF SUNNY ISLES BEACH Pursuant to Resolution No. - \ I " -~\~~~\l~. . ~ Richard Brown~ Morilla, City Clerk BY -Approved as to form :-3- M MAYOR'S OFFICE OF FILM & ENTERTAINMENT MIAMI -DADE COUNTY MIAM 111 N.W. 1st STREET, SUITE 2540 MIAMI, FLORIDA 33128 -1902 305.375.3288 OFFICE OF =`'``_ 44 www.filmiami.org AUG 2 7 1999 City of Sunny Isles Beach August 20, 1999 James DiPietro City Manager City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, F133160 Dear Mr. DiPietro: Re: Interlocal Filming Permit Agreement Enclosed you will find a copy of the fully executed Interlocal Agreement for Film Permitting between the City of Sunny Isles Beach and Miami -Dade County. If you have any questions, please feel free to contact me at 305- 375 -3288. Sin erely eel Director City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 949 -3113 fax David Samson Mayor MEMORANDUM Irving Turetsky Vice Mayor Commissioners Danny Iglesias TO: City Commission/Film Council Lila Kauffman Connie Morrow FROM: Lynn M. Dannheisser, City Attorney James DiPietro City Manager DATE: January 21, 1999 Lynn M. Dannheisser City Attorney RE: FILM INTERLOCAL RESOLUTION RECOMMENDATION Ordinance No. 91 -50 ofMiami -Dade County, which attempts to effect a "one- stop" permitting process with the Miami -Dade office of Film and Entertainment, requires the County to enter into Interlocal Agreements with various municipalities for the Miami -Dade Film office to permit the use of municipal property and services. The attached agreement authorizes the County to issue permits to film and still photography production companies to utilize the City's facilities and services for a period of five (5) years. The City may renew this agreement for an additional period of five (5) years or cancel same with 30 days prior notice. The agreement, among other things, requires that the City appoint a representative to act as liaison to the Film office and we shall have the authorize the issuance of permits by the County on behalf of the City. The agreement further provides that the County obtain an insurance certificate from any production company naming the City as an additionally insured in the amount of one million ($1,000,000.00) dollars and three hundred thousand ($300,000.00) dollars for still photography, providing for comprehensive general liability coverage. Finally, this agreement gives the City Manager or his designee, the right to reject any permit application if it is determined it would not be in the best interest of the City to approve the application and would not serve to promote the general welfare of the community. It also allows the City to retain the right to issue authorization City Commission/Film Council January 21, 1999 Page Two to any company directly and without notice to the film office. This agreement is substantially similar to other interlocal agreements that have been executed by several municipalities within Miami -Dade County. Respectfully submitted, LMD:ch Attachment(s)