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Date:
Commission Meeting Date: i'"J,
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Ty ]e: 1' Resolution _. Ordinance 11J F.ne, gElty Ordinance _Discussion Item
L_; Other
Subject: Resolution Authorizing The City Manager to Enter into an Interlocal Agreement with Miami -
Dade County to accept Future Distribution of ADA Parkins fine funds.
Purpose of Item:
This item will authorize the City Manager to enter into an Interlocal .Agreement with Miami -Dade
County, for the purpose of accepting fi ture distribution of funds from the County's Office of ADA
Coordination, through the Parking Fines Reimbursement Program, which collects funds from tickets
issued for illegal parking in handicap spaces countywide. Further this item authorizes the City
Manager to execute a General Affidavit, on an annual basis, to access said finds which are used by
the Parks and Recreation Department to improve accessibility and fund programs for persons with
disabilities.
Background Information:
The Department of Parks and Recreation recommends that the City Commission approve the attache
resolution authorizing the City Manager to enter into an Interlocal Agreement with Miami -Dade
County, for the purpose of accepting future distribution of funds from the the County's Office of ADA
Coordination, through the Parking Fines Reimbursement Program, which collects funds from tickets
issued for illegal parking in handicap spaces countywide. Further this item authorizes the City
Manager to execute a General Affidavit, on an annual basis, to access said funds which are used by
the Parks and Recreation Department to improve accessibility and fund programs for persons with
Ldisabilitles.
Budget Impact Anah'sis
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N(i) Is this item an expenditure? if so, please identify funding source below-. o
General ACcolllit 1V6: CO .y
Special Revenue venue Account No:
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..TITLE
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT, WITH
ATTACHMENT(S), WITH MIAMI-DADE COUNTY FOR THE PURPOSES OF
ACCEPTING FUTURE DISTRIBUTION OF FUNDS FROM THE COUNTY'S
PARKING FINES REIMBURSEMENT PROGRAM ADMINISTERED BY THE
OFFICE OF ADA COORDINATOR, WHICH RECEIVES REVENUES
COUNTYWIDE FROM TICKETS ISSUED FOR ILLEGAL PARKING IN
HANDICAP SPACES; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED GENERAL AFFIDAVIT, ON AN ANNUAL BASIS,
FOR THE PURPOSE OF ACCESSING SAID FUNDS. THE DEPARTMENT OF
PARKS AND RECREATION TO IMPROVE ACCESSIBILITY AND FUND
PROGRAM FOR PERSONS WITH DISABILITIES.
..BODY
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to execute the Interlocal
Agreement with Miami -Dade County, Florida for the specific purpose of accepting future
distribution of funds from the County's Parking Fines Reimbursement Program operated
by the County's Office of ADA Coordination, further authorizing the City Manager to
execute a General Affidavit on an annual basis, for the purpose of accessing said funds
by the Department of Parks and Recreation to improve accessibility and fund program
activities for persons with disabilities.
Section 2. This Resolution shall become effective immediately upon adoption and
signature of the Mayor. { 1 }
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
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MIAMID
COUNTY COUNTY
ADA Coordination
Agenda Coordination
An in Public Places
Audit and Management Services
Aviation
Building Code Compliance
Building
Business Development
Capital Improvements
Citizen's I dependentTransporlalionTrust
Communications
Community Action Agency
Community & Economic Development
Community Relations
Consumer Services
Corrections & Rehabilitation
Countywide Healthcare Planning
Cultural Maks
Elections
Emergency Management
Employee Relations
Enterprise Ted nology Services
Environmental Reaurces Management
Fair Employment Practices
Finance
Fire Rescue
General Services Administration
Historic Preservation
Homeless Thal
Housing Agency
Housing Finance Authority
Human Services
Independent Review Panel
international Trade Consortium
Juvenile Assessment Center
Medical Examiner
Meuopollian Planning Organization
IOrk and Recreation
Planning and Zoning
Police
Procurement
Pesperq Appraiser
Public Library System
Public Works
Sale Neighborhood Parks
Seaport
Solid Waste Management
Strategic Strsines% Management
Team Metro
Trantll
Urban Revitalizalion Task Force
Vizcaya Muteum and Gardens
Water and Sewer
May 30, 2008
Pedro Hernandez, City Manager
City of Miami
Office of the City Manager
3500 Pan American Dr.
Miami, FL 33133
Dear Mr. Hernandez:
Office of County Manager
11 NW ist Street • Suite 2910
Miami, Florida 33128-1994
T 305-375-5311
miamidade.gov
I am pleased to advise you that the Miami Dade County hoard of County
Commissioners has recently streamlined the Parking Fines Reimbi rsement Program.
The revised program requires only that an affidavit (see end sed template) be
submitted annually from the municipality's chief administrative of dal stating that the
funds reimbursed shall be used to improve accessibility and eq al opportunity to
qualified persons who have disabilities in the municipality and to conduct disability
public awareness programs.
For Fiscal Year 07-08 only, you must also complete the encloses
agreement and reburn to our office. It is our goal to increase p
program in order to get these monies back into the communities •
used to fund programs for persons with disabilities. Additionally, it
reimbursements create additional incentives to enforce the access
thus freeing up more spaces for those who are entitled to use them.
The combination of fines collected in the previous fiscal year, a
from other Municipalities, makes available an amount of $39,09]
City of Miami may apply. The deadline for submission of
interlocal agreement is June 30, 2008.
Reimbursements to municipalities are based on a percentage of
during Fiscal Year 06-07 that is determined by calculating the 1
on tickets in a municipality divided by the total number
countywide. Funding estimates include a percentage of the carry
were not distributed to any municipalities in the previous year.
In accordance with Section 30-447 of the Code of Miai
parking fine money generated from the misuse of marked
with disabilities is used in the following manner:
revised interlocal
Ilticipation in the
there they can be
s hoped that more
ble parking laws,
id unspent funds
.17 for which the
he affidavit and
evenue collected
rtal amount paid
of tickets paid
ever moneys that
ii-Dade County,
?aces for people
t• .
Page 2
• One-third of the money is used to defray Clerk of Cou ts' administrative
expenses; and
• Two-thirds of the money is used to provide funds to imj rove accessibility
and equal opportunity to qualified physically disable l persons and to
provide funds to conduct public awareness prof ams concerning
physically disabled persons.
The two-thirds are distributed in the following manner:
Thirty percent is retained by the County for countyv ide purposes, in
accordance with state law, and 70 percent is allocated to the governmental
entity having jurisdiction over the violation.
If you would like more information regarding the Parking Fin :s Reimbursement
Programs, please contact the Office of ADA Coordinatic i Director Heidi
Johnson -Wright at (305) 375-3566, 111 NW 1st Street, Suite #348, 12th Floor,
Miami, Florida 33128.
George M. Burgess
County Manager
Enclosures
c: Wendi 3. Norris, Director, General Services Administration
Jennifer Glazer -Moon, Director, Office of Strategic Busine: ; Management
1NTERLOCAL AGREEMENT
This agreement is entered into this day of ye ir, by and between
Miami -Dade County, Florida, a political subdivision of the State of Florida :the "County") and
(the ` m micipality"), a municipal corporation org sized and existing
under the laws of the State of Florida.
WITNESSETH
'WHEREAS, Section 316.008 Florida Statutes, and Section 30-447. C xle 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 unc ar the provisions of
Section 30-447 of the Code ofMiami-Dade County, Florida.
follows
NOW THEREFORE in consideration of the covenants contain herein; the parties agree as
1. This agreement shall become effective upon its execution by the: L1 horized officers of
the parties and will continue annually upon agreanent by both par ies.
2. The allocation of the disabled parking fine monies shall be use to provide funds to
improve accessibility and equal opportunity to qualified physic ]y disabled persons
and to provide funds to conduct public awareness programs a ncerning physically
disabled persons.
1
3. The parties shall annually submit an affidavit sworn by the chief administrative
official of the municipality to the Miami -Dade County Dffr,t of Americans with
Disabilities Act Coordination, hereinafter known as the" ADA 01 ice".
4. The affiant will affirm that expenditures meet the following criter r:
a. The funds reimbursed shall be used to improve ace ;ssibdity and equal
opportunity to qualified persons who have disabilities in he municipality and
to conduct public awareness programs in the municipalit • concerning persons
who have disabilities.
b. If only a portion of the project or program is being proem led to benefit people
with disabilities, then only that portion of the project r program may be
funded with these monies.
5. The parties agree to follow the terms and conclusions regarding p yment as follows:
a. The percentage for distribution shall be calculated by the 0 aunty annually. Each
year the County shall notify all municipalities of the percentt ;es of distribution of
. the disabled permit parking fine money for .the upcominE annual period The
percentage for distribution to the County and to the munici citifies is based on a
percentage of total revenue which is determined by calcula ng the total number
of fines paid county wide. Funding estimates include a perc ..ntage of the monies
which were not distributed to any municipalities in the previc as year.
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b. The County agrees to pay the municipality under this ag eement based on a
payment schedule agreed upon by the Office of ADA Coord cation, accompanied
by such documentation as requested.
c. In no event shall County funds be advanced to any subcontra tor hereunder.
d. The parties shall return funds to the Clerk of the Board f the project is not
successfully completed and shall allow the Office of ADA t 'oordination to audit
projects and conduct site visits. Any such audits or inspectioi s shall be conducted
in such manner and at such times so as not to unreasonably it teifere with the day-
to-day operation of the parties.
e. The County may amend the terms of this agreement from tit le to time, as it may
deem necessary.
IN WITNESS WHEREOF, theparties have caused this agreement to )e executed by their
respective and duly authorized officers on the date hereinabove first mentioned.
ATTEST: MIAMI DADE COUNTY, FLC RIDA
By:
Harvey Ruvin, Clerk Carlos Alvarez, Mayor
3
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ATTEST:
City Clerk
(Official Seal)
CITY OF , FLORI )A
By:
City Manager (Date)
4
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State of Florida
County of
GENERAL AFFIDAVIT
BEFORE ME, the undersigned Notary,
[rw ne of Notary
before whom afdavit is sworn], on this [day t month] day of
[month], 20 personally appeared
[na re of affiant],
known to me to be a credible person and of lawful age, who being 1
sworn, on [his or her] oath, deposes
The municipal parking fines funds reimbursed shall be us
accessibility and equal opportunity to qualified persons who hat
the municipality and to conduct public awareness programs in 1
concerning persons who have disabilities.
y me first duly
and says:
;d to improve
disabilities in
ie municipality
If only a portion of the project or program is being promoted tt 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 if t1
successfully completed and shall allow the Miami Dade County
Coordination to audit projects and conduct site visits. Any
inspections shall be conducted in such manner and at such tim
unreasonably interfere with the day-to-day operation of the parties
[Set forth affiant's statement offacts]
[signature of ajant]
e project is not
)ffice of ADA
mch audits or
:s so as not to
1
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miami LHUL" ALA t;uuiw L 005/009
[typed name of aff antJ
[address of affrant, line 1J
[address of aff ant, line 21
State of Florida
County of
Sworn to (or affirmed) and subscribed before me this day of
(year), by (name of person making
statement).
(Signature of Notary Public - State of Florida)
(Print, Type, or Stamp Commissioned Name of Notary Public)
Personally Known OR Produced Identification
Type of Identification Produced
2