HomeMy WebLinkAbout2017-104-3209 Film Permitting Interlocal with Signed ContractINTERLOCAL AGREEMENT
FILM PERMITTING
MIAMI-DADE COUNTY - CITY OF MIAMI GARDENS
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 Miami Gardens hereto agree as
follows:
1. Purpose: The City of Miami Gardens 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. 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.
4. Liaison: The City of Miami Gardens 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 of the City.
5. Advance Notice: The County agrees to provide written notice to the City of Miami
Gardens, via email 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.
6. 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.
7. Refusal; The City Manager in his/her discretion maintains the right to reject any permit
application if the City 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.
8. Non Exclusive Rights: The City of Miami Gardens retains the right to issue authorization
to any production company directly and without notice to the Film Office.
9. Priority Service Consideration: The County agrees that City services will be given first
right to provide support service to production companies which are utilizing City property.
10. Guidelines: The City of Miami Gardens 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.
11. Facilities: The City of Miami Gardens 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.
12. Collections: The City of Miami Gardens 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.
13. Hold Harmless: The City of Miami Gardens 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.
14. 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 its participating municipalities." However, the
cost to the City shall not exceed $5,000 without prior approval of the City Commission by
written resolution.
15. 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.
16. Notice: All legal notices regarding this agreement must be sent to the following address:
Miami - Dade County
Deputy Mayor Jack Osterholt
Attn: Office of Film & Entertainment
111 NW 1st Street, 12*^ Floor
Miami, FL 33128
City of Miami Gardens
City Manager, Cameron Benson
18605 NW27"'Avenue
Miami Gardens, Florida 33056
17. 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, Ck
MIAMI-DAQETOUNTY BT
Clerk
Approved as to form
; ^ .'4 —i»_ ^ ,; 3 I COWTY } ^ I
Sl O '•<9jiS?y Cs J
. Gimenezor
County Attorney
ATTEST:
OfV BY/74u^t<^
City Clerk
o n Approved as to form
c,/
ity Attorney
City of Miami Garqens
Pursuit to
Resolution
ity Mana