| | | | | | | |  | Resolutions - R7 F
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Jimmy L. Morales, City Manager | | | DATE: | June 24, 2020 | | | |
| | SUBJECT: | A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERAGENCY AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, DELEGATING TO THE CITY THE AUTHORITY UNDER CHAPTER 399, FLORIDA STATUTES, TO (1) ISSUE ELEVATOR CONSTRUCTION PERMITS, TEMPORARY OPERATION PERMITS, AND CERTIFICATES OF OPERATION; (2) PROVIDE INSPECTION OF ELEVATORS; AND (3) ENFORCE THE ELEVATOR SAFETY CODE WITHIN THE CITY OF MIAMI BEACH FOR ALL ELEVATORS, EXCEPT FOR ELEVATORS OWNED BY MIAMI-DADE COUNTY; SAID AGREEMENT HAVING AN INITIAL TERM OF TEN (10) YEARS, COMMENCING ON JULY 1, 2020, WITH ONE (1) TEN-YEAR RENEWAL TERM, TO BE EXERCISED BY MUTUAL AGREEMENT OF THE PARTIES. |
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| | | | | | | | BACKGROUND/HISTORY
| Since 1990, the City of Miami Beach has been enforcing elevator inspection laws locally instead of Miami-Dade County. The City issues elevator construction permits, temporary operation permits and certificates of operation, in addition to providing elevator inspections and enforcing the Elevator Safety Code for all elevators, except for elevators owned by Miami-Dade County within the City’s boundaries.
The City and the Department of Business and Professional Regulation, Division of Hotels and Restaurants (the “Department”) executed the first DBPR Interagency Agreement, effective on October 1, 1990, for an initial term of ten (10) years, which agreement was extended for one (1) additional renewal term of ten (10) years.
On January 19, 2011, the Mayor and City Commission adopted Resolution No. 2011-27570, approving the current DBPR Interagency Agreement. The current DBPR Interagency Agreement took effect on November 1, 2010 and expires on June 30, 2020. |
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| | | | | | | | ANALYSIS
| The Department has agreed to enter into a new DBPR Interagency Agreement (“Agreement”) incorporating the same provisions included in the current agreement, granting the City the right to enforce the provisions of Chapter 399, Florida Statutes, within the City of Miami Beach, except with respect to elevators owned by Miami-Dade County, for an initial term of ten (10) years, with one (1) ten-year renewal term, to be exercised by mutual agreement of the parties, and terminable by either party, upon providing the other party with 180 days prior written notice.
The new Agreement will not alter in any significant manner the existing process and organization achieved as a result of improvements during the last 30 years and will not add costs to the existing budget. A copy of the agreement is attached as Exhibit “1” to the Resolution, attached hereto.
Results from the 2019 Resident Survey show that 74% of residents rated the overall quality of City services as very satisfied/satisfied. In order to continue maintaining excellent standards in this area, the City intents to execute an agreement for elevator permits/inspections & safety enforcement. |
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| | | | | | | | CONCLUSION
| The City Manager recommends that the Mayor and City Commission adopt the attached Resolution, approving and authorizing the Mayor and City Clerk to execute the Agreement between the Department and the City, as being in the best interest of the City to continue enforcing elevator inspection laws on a local level by the City of Miami Beach Building Department, instead of by Miami-Dade County.
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| | | | | | | | | Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? | | Does this item utilize G.O. Bond Funds? | | | Yes | | No | |
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