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HomeMy WebLinkAboutReso 2013-2088 RESOLUTION NO. 2013- 201 A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY FOR FISCAL YEAR 2012-2013 MUNICIPAL PARKING FINES REIMBURSEMENT PROGRAM,ATTACHED HERETO AS EXHIBIT"A"; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 316.008 Florida Statutes, and Section 30-447 Code of Miami-Dade County, authorizes the charging of fines for misuse of specially marked parking spaces for people with disabilities; and WHEREAS, Miami-Dade County proposes to distribute said fines under the provisions of Section 30-447 of the Code of Miami-Dade County, Florida; and WHEREAS, the City of Sunny Isles Beach is entitled to Eleven Thousand Three Hundred Fifty-Three Dollars($11,353.00)as a result Of fines collected in the previous fiscal year and unspent funds from other municipalities; and WHEREAS, in accordance with Section 30-447 of the Code of Miami-Dade County, parking fine funds generated from the misuse of marked spaces for people with disabilities is used in the following manner: • One-third of the funds are to be used to defray the Clerk of Courts' administrative expenses, and • Two-thirds of the funds are to be used to improve accessibility and equal opportunity to qualified physically disabled persons and to provide funds to conduct public awareness programs concerning physically disabled persons;of which, 30 percent is retained by the County for countywide purposes, in accordance with state law and 70 percent is allocated to the governmental entity having jurisdiction over the violation; and WHEREAS,the City Commission desires to enter into an Interlocal Agreement with Miami- Dade County and approve the annual Affidavit stating that the funds reimbursed shall be used to improve accessibility and equal opportunity to qualified persons who have disabilities in the municipality and to conduct disability public awareness programs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, THAT: Section 1. Approval of Interlocal Agreement. The City Commission hereby approves the Interlocal Agreement and annual Affidavit with Miami-Dade County in order to participate in the Municipal Parking Fines Reimbursement Program. R2013-MDC Interlocal Agmt Pkg Fines Reimbursement Program Page 1 of 2 Section 2. Authorization of City Manager. The City Manager is hereby authorized to execute said Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 18th day of June 2013. / / N%rman S. Edelcup, Mayor : ATTEST: ( / F. - ! r.4 ' Jane A. Hines, CNIC, City Clerk f •J R I ) APP t !VED AS TO FORM AND L ' A F' CIENCY iiit/ Hans Otvinot, City Attorney Moved b Seconded by: 1 Uz I 1 ` of LA O Vote: .-b Mayor Edelcup /(Yes) (No) Vice Mayor Aelion l✓(Yes) (No) Commissioner Gatto 1(Yes) (No) Commissioner Levin Yes) (No) Commissioner Scholl V(Yes) (No) R2013-MDC Interlocal Agmt Pke Fines Reimbursement Proeram Page 2 of 2 MIAMI-DADE COUNTY MUNICIPAL PARKING FINES REIMBURSEMENT PROGRAM INTERLOCAL AGREEMENT 2.0 clt This agreement is entered into this (day) of (month/year)� by and between Miami-Dade County, Florida, a political subdivision of the State of Florida (the "County") and,3tA �, c c 1- (the "municipality"), a municipal corporation organized and existing under the laws of the State of Florida. WITNESSETH WHEREAS, Section 316.008 Florida Statutes, and Section 30-447 Code of Miami- Dade County, authorizes the charging of fines for misuse of specially marked parking spaces for people wit h disabilities, and WHEREAS, Miami-Dade County proposes to distribute said fines under the provisions of Section 30-447 of the Code of Miami-Dade County, Florida. NOW THEREFORE in consideration of the covenants contained herein, the parties agree as follows 1. This agreement shall become effective upon its execution by the authorized officers of the parties and will continue annually upon agreement by both parties. 2. The allocation of the disabled parking fine monies shall be used to provide funds to improve accessibility and equal opportunity to qualified persons who 1 have disabilities and to provide funds to conduct public awareness programs in the County or municipality concerning persons who have disabilities. 3. The municipality shall annually submit an affidavit sworn by its chief administrative official to the Miami-Dade County Internal Services Department ("ISD"). 4. The affiant will affirm that expenditures meet the following criteria: a. The funds reimbursed shall be used to improve accessibility and equal opportunity to qualified persons who have disabilities in the municipality and to conduct public awareness programs in the municipality concerning persons who have disabilities. b. If only a portion of the project or program is being promoted to benefit people with disabilities, then only that portion of the project or program may be funded with these monies. 5. The parties agree to follow the terms and conclusions regarding payment as follows: a. The percentage for distribution shall be calculated by the County annually. Each year the County shall notify all municipalities of the percentages of distribution of the disabled permit parking fine money for the upcoming annual period. The percentage for distribution to the County and to the 2 municipalities is based on a percentage of total revenue which is determined by calculating the total number of fines paid county-wide. Funding estimates include a percentage of the monies which were not distributed to any municipality in the previous year. b. The County agrees to pay the County and the municipalities under this agreement based on a payment schedule agreed upon by ISD, accompanied by such documentation as requested. c. In no event shall County funds be advanced to any subcontractor hereunder. d. The parties shall return funds to the Clerk of the Board of County Commissioners if the project is not successfully completed and allow ISD to audit projects and conduct site visits. Any such audits or inspections shall be conducted in such manner and at such times so as not to unreasonably interfere with the day-to-day operation of the parties. e. The County may amend the terms of this agreement from time to time, as it may deem necessary. IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their respective and duly authorized officers on the date hereinabove first mentioned. 3 - ATTEST: I' MIAMI D COON , FLORIDA i' ) t' By: Harvey Ruvin, ClerK.r,'.` ___ .- Carlos A. Gimen z, ayor ATTEST: MUNICIPALITY OF G Is LORIDA '( S,--el/v..L______________,k12Ln,:j Tom _ By: 1� City/Town/Village Clerk City/Town/Village Manager (Date) (Official Seal) APP' ' D Ai TO,FORM ANY) G -1 I 't's' r. ��' b__.J_.' T r -..-,_ ,_^ r TS( NOT. CITY ATTOR_VFY Approved auto form and L-.. .,:f, woiloariA A55IS .'3 - ft fly . orney Date 4 - - MUNICIPAL PARKING FINES REIMBURSEMENT PROGRAM AFFIDAVIT • State of Florida, County of 14\1411 ' BEFORE ME, the undersigned Notary, P` 0 W 12?eT e.,0 a' [name of Notary • before whom affidavit is sworn], on this 111* [day of month]day of J�1� [month], 20.13 , persona_lly appeared C b1N lita- s. -v.4o Q [name of affiant], known to me to be a cr dible person and of lawful age, who being by me first duly sworn, on 1111 I. [his or her] oath, deposes and says: The municipal parking fines funds reimbursed shall be used to improve accessibility and equal opportunity to qualified persons who have disabilities.in the municipality and to conduct public awareness programs in the municipality concerning persons who have disabilities. If only a portion of the project or program is being promoted to benefit people with disabilities, then only that portion of the project or program will be funded with these monies. The municipality shall return funds to the Clerk of the Board of Miami-Dade County Commissioners if the project is not successfully completed and allow the Miami-Dade County Internal Services Department to audit projects and conduct site visits. Any such audits or inspections shall be conducted in such manner and at such times so as not to unreasonably interfere with the day-to-day operation of the parties. [signature of a iant] C4CIStqNE - J. gUSS0 1 • • [typed name of affiant] [address of affiant, line 1] 5uptails,.. eN • [address of affiant, line 2] State of Florida, County of Mtat ODE • Sworn to (or affirmed) and subscribed before me this I9"° day of JuMj (month), -ot3 (year), by STVV}CQ • SSo (name of person making statement). • e x••,1.11■ '■ ' . (Signature of Notary " bli, - Stat- of Florida) • (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known ✓ OR Produced Identification • Type of Identification Produced 11-14 -/ '`,µY Pi4,� MAURICIO 8ETANCUR • ( i° _1 `�? Notary.Public-State of Florida ;. sN. ' My Comm.Expires May 4,2017 • .�, ■7: °,• Commission#EE.879454 r " Bonded Through National Notary Assn. 0 2 • • f OFFICE OF THE MAYOR � MIAMI-DADE COUNTY, FLORIDA COUNTY FOR\O CARLOS A. GIMENEZ MAYOR June 20, 2013 t %Ube Christopher J. Russo, City Manager Office of the City Manager 8 ""rs M_anag City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 • Dear Mr. Russo: Miami-Dade County (County) is commencing the process for the Fiscal Year 2012-2013 Parking Fines Reimbursement Program. The Interlocal Agreement between the County and the municipalities has been revised. In order to participate in the program, each municipality must submit a new executed Interlocal Agreement and the annual Affidavit (enclosed). The executed Interlocal Agreement will remain on file until further notice. The Affidavit states that the funds reimbursed shall be used to improve accessibility and equal opportunity to qualified persons who have disabilities in the municipality and to conduct disability public awareness programs. Reimbursements to municipalities are based on a percentage of revenue collected during Fiscal Year 2011-2012. The amount is determined by calculating the total amount of fine collected on tickets issued in a municipality divided by the total number of tickets paid countywide. Funding estimates include a percentage of the carryover monies that were not distributed to any municipality in the previous year. . The City of Sunny Isles Beach is entitled to $11,353 as a result of fines collected in the previous fiscal year and unspent funds from other municipalities. The aforementioned Affidavit must be submitted within 60 days of the date of this letter to receive these funds. In accordance with Section 30-447 of the Code of Miami-Dade County, parking fine funds generated from the misuse of marked spaces for people with disabilities is used in the following manner: • One-third of the funds are to be used to defray the Clerk of Courts' administrative expenses, and • Two-thirds of the funds are to be used to improve accessibility and equal opportunity to qualified physically disabled persons and to provide funds to conduct public awareness programs concerning physically disabled persons. Of this amount, 30 percent is retained by the County for countywide purposes, in accordance with State law and 70 percent is allocated to the governmental entity having jurisdiction over the violation. STEPHEN P. CLARK • 111 N.W. FIRST STREET • 29TH FLOOR • MIAMI, FLORIDA 33128-1930 • (305) 375-5071 • Page 2 If you need additional information regarding the Parking Fines Reimbursement Program, please contact Heidi Johnson-Wright, ADA Coordinator at.305-375-3566. Please return the Interlocal Agreement and Affidavit to the attention of Ms. Johnson-Wright at Miami-Dade County, Internal Services Department, 111 NW 1st Street, 24th Floor, Miami, FL 33128. Sincerely,�� Carlos A. -' -- .ez Mayor Enclosures c: Edward Marquez, Deputy Mayor, Miami-Dade County Lester Sola, Director, Internal Services Department Jennifer Moon, Director, Office of Management and Budget Leland Salomon, Assistant Director, Internal Services Department Heidi Johnson-Wright, ADA Coordinator, Internal Services Department • co"uY'S`F City of Sunny Isles Beach of,.,'f!--7-.. -,-..„ro ti = �',1n 18070 Collins Avenue 5 . ' ~� _Y I. Sunny Isles Beach, Florida 33160 • . _ :ai " s f 9 •ti FLO-P ° .;7 (305)947-0606 City Hall c`r.0„..04 "`'ci (305)949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Christopher J. Russo, City Manager DATE: 7/18/2013 RE: Resolution Approving an Interlocal Agreement with Miami-Dade County for Municipal Parking Fines Reimbursement Program RECOMMENDATION: Adopt the Resolution to enter into an Interlocal Agreement with the County in order to participate in the Municipal Parking Fines Reimbursement Program. REASONS: Section 316.008 Florida Statutes, and Section 30-447 of the Miami-Dade County Code, authorizes the charging of fines for misuse of specially marked parking , spaces for people with disabilities. Miami-Dade County is commencing the process for the Fiscal Year 2012-2013 Parking Fines Reimbursement Program. Miami-Dade County proposes to distribute the fines, and the City of Sunny Isles Beach is entitled to $11,353.00 as a result of fines collected in the previous fiscal year and unspent funds from other municipalities. In order to participate in this program, each municipality must submit an executed Interlocal Agreement and the annual Affidavit. The Affidavit states that the reimbursed funds shall be used to improve accessibility and equal opportunity to qualified persons who have disabilities in the municipality and to conduct disability public awareness programs. ATTACHMENTS: • Resolution _ • Correspondence from Mayor Carlos Gimenez, Miami-Dade County • Interlocal Agreement Agenda Item No 10.1 Date 7/18/2013 156