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07-29-08 Item 210, f S°UT South,Miami CITY OF SOUTH MIAMI AII- AmellcaCflY ATED • INCORPOR • 1927 ' P OFFICE OF THE CITY MANAGER O D® �o Y� INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Member of the City Commission Via: W. Ajibola Balogun, City Manager From: Maria L. Garcia, Administrative Assistant Office of the City Manager O Date: July 29, 2008 Subject: Executing Interlocal Agreement with Miami -Dade County Municipal Parking Fines Reimbursement Program. Resolution: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH MIAMI -DADE COUNTY TO ACCEPT FUNDS FROM THE MUNICIPAL PARKING FINES REIMBURSMENT PROGRAM; PROVIDING FOR AN EFFECTIVE DATE. PROVIND FOR AN EFFECTIVE DATE. Request: Authorizing the City Manager to execute an Interlocal Agreement with Miami -Dade County Municipal Parking Fines Reimbursement Program. Reason: In accordance with Section 30 -447 of the County's Code, the County is' allocating our share of the violation fines collected for the misuse of marked spaces for people with disabilities. The funds will be used to fund programs for persons with disabilities and they 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. These allocations to municipalities will be utilized to fund local projects designated to improve the quality of life for their respective residents. Backup Documentation: • Letter from Mimi -Dade County dated May 30, 2008 • Interlocal Agreement • E -mail from Heidi Johnson - Wright, Director Office of ADA Coordination - Miami -Dade County f 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY 4 COMMISSION OF THE CITY OF SOUTH MIAMI, 5 FLORIDA, AUTHORIZING THE CITY MANAGER TO 6 EXECUTE AN INTERLOCAL AGREEMENT WITH MIAMI - 7 DADE COUNTY TO ACCEPT FUNDS FROM THE 8 MUNICIPAL PARKING FINES REIMBURSMENT 9 PROGRAM; PROVIDING FOR AN EFFECTIVE DATE. 10 11 WHEREAS, the Board of County Commissioners of Miami -Dade County, 12 Florida authorizing the issuance of $1,248.00 as reimbursements are based on a 13 percentage of revenue collected during Fiscal Year 06 -07; and 14 15 WHEREAS, these monies will be used to fund programs for persons with 16 disabilities and they shall be used to improve accessibility and equal opportunity 17 to qualified persons who have disabilities in the municipality and to conduct 18 disability public awareness programs. These allocations to municipalities will be 19 utilized to fund local projects designed to improve the quality of life for their 20 respective residents; and 21 22 WHEREAS, the Miami -Dade County Board of County Commissioners 23 have requested that the City of South Miami complete the enclosed revised 24 Interlocal Agreement for Fiscal Year 07 -08. 25 . 26 NOW THEREFORE BE IT RESOLVED BY THE MAYOR 27 AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 28 29 Section 1. The city manager is authorized to execute the Interlocal 30 Agreement attached as exhibit 1, with Miami -Dade County to expend these funds 31 to provide and improve accessibility and equal opportunity to qualified persons 32 who have disabilities in the municipality and to conduct disability public 33 awareness programs. 34 35 Section 2. This resolution shall take effect immediately upon approval. 36 37 PASSED AND ADOPTED this day of , 2008. 38 39 ATTEST: APPROVED: 40 41 42 CITY CLERK MAYOR 1 2 3 4 5 6 7 8 9 10 11 12 13 14 READ AND APPROVED AS TO FORM: Luis R. Figueredo Office of City Attorney Nagin, Gallop, Figueredo, P.A. Page 2 of 2 COMMISSION VOTE: Mayor Feliu: Vice Mayor Beasley: Commissioner Wiscombe: Commissioner Palmer: Commissioner Beckman: MIAMI •D Me M11 ADA Coordination Agenda Coordination Art in Public Places May 30, 2008 Audit and Management Services Aviation W. Ajibola Balogun, City Manager Building Code Compliance City of South Miami Building 1. South Development Office of the City Manager Capital Improvements 6130 Sunset Dr. Citizen's Independent Transportation Trust South Miami, FL 33143 Communications 7� Community Action Agency Derck M , . Balog sn: Community & Economic Development ""� Office of the County Manager 111 NW 1 st Street • Suite 2910 Miami, Florida 33128 -1994 T305-375-5311 F305-375-1262 Community Relations I am pleased to advise you that the Miami -Dade County Board of County Consumer Services Commissioners has recently streamlined the Parking Fines Reimbursement Program. Corrections &Rehabilitation Countywide Healthcare Planning The revised program requires only that an affidavit (see enclosed template) be Cultural Affairs submitted annually from the municipality's chief administrative official stating that the Elections funds reimbursed shall be used to improve accessibility and equal opportunity to Emergency Management qualified persons who have disabilities in the municipality and to conduct disability Employee Relations public awareness programs. Enterprise Technology Services Environmental Resources Management For Fiscal Year 07 -08 only, you must also complete the enclosed revised interlocal Fair Employment Practices Finance agreement and return to our office. It is our goal to increase participation in the Fire Rescue program in order to get these monies back into the communities where they can be General Services Administration used to fund programs for persons with disabilities. Additionally, it is hoped that more Historic Preservation reimbursements create additional incentives to enforce the accessible parking laws, Homeless Trust thus freeing up more spaces for those who are entitled to use them. Housing Agency Housing Finance Authority The combination of fines collected in the previous fiscal year, and unspent funds Human Services from other municipalities, makes available an amount of $327.97 for which the Independent Review Panel City of South Miami may apply. The deadline for submission of the affidavit and International Trade Consortium Juvenile Assessment Center interlocal agreement is June 30, 2008. Medical Examiner Metropolitan Planning Organization Reimbursements to municipalities are based on a percentage of revenue collected Park and Recreation during Fiscal Year 06 -07 that is determined by calculating the total. amount paid Planning and Zoning on tickets in a municipality divided by the total number of tickets paid Police countywide. Funding estimates include a percentage of the carryover moneys that Procurement Property Appraiser Were not distributed to any municipalities in the previous year. Public Library System Public Works In accordance with Section 30447 of the Code of Miami -Dade County, Safe Neighborhood Perks parking fine money generated from the misuse of marked spaces for people Seaport with disabilities is used in the following manner: Solid Waste Management Strategic Business Management Team Metro Transit Urban Revitalization Task Force Vizcaya Museum and Gardens Water and Sewer r Page 2 • One -third of the money is used to defray Clerk of Courts' administrative expenses; and • Two - thirds of the money is used to provide funds to improve accessibility and equal opportunity to qualified physically disabled persons and to provide funds to conduct public awareness programs concerning physically disabled persons. The two - thirds are distributed in the following manner: Thirty 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. If you would like more information regarding the Parking Fines Reimbursement Programs, please contact the Office of ADA Coordination Director Heidi Johnson -Wright at (305) 375 -3566, 111 NW 1st Street, Suite #348, 12th Floor, Miami, Florida 33128. Sincere, George M. Burgess County Manager Enclosures c: Wendi J. Norris, Director, General Services Administration Jennifer Glazer -Moon, Director, Office of Strategic Business Management INTERLOCAL AGREEMENT This agreement is entered into this day of year, by and between Miami -Dade County, Florida, a political subdivision of the State of Florida (the "County ") and (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 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. 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 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 physically disabled persons and to provide funds to conduct public awareness programs concerning 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 Office of Americans with Disabilities Act Coordination, hereinafter known as the "ADA Office ". 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 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 municipalities in the previous year. 2 b. The County agrees to pay the municipality under this agreement based on a payment schedule agreed upon by the Office of ADA Coordination, 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 if the project is not successfully completed and shall allow the Office of ADA Coordination 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. ATTEST: MIA M -DADE COUNTY, FLORIDA Harvey Ruvin, Clerk Carlos Alvarez, Mayor 3 ATTEST: Lo-A CITY OF , FLORIDA City Clerk City Manager (Date) (Official Seal) Page 1 of 1 Garcia, Maria From: Johnson - Wright, Heidi (ADA) [HJWRIG @miamidade.gov] Sent: Tuesday, July 22, 2008 4:28 PM To: Garcia, Maria Subject: Miami -Dade County Municipal Parking Fines Reimbursement Program Maria: This email is to confirm that: • The City of South Miami has been granted an application deadline extension until 8/5/08, at which time the city will email scanned and signed copies of the original interlocal agreement and affidavit (see attached), with the originals to then be sent expediently to our office via mail. The deadline extension is granted in order to allow this item to be placed on the upcoming city commission agenda. . Due to a calculation error, the original amount stated in the invitation to apply letter is incorrect ($327.98.) The correct amount is $1,248.00. Heidi Johnson - Wright, Director Office of ADA Coordination 111 NW 1st Street, 12th Floor, Suite 348 Miami, FL 33128 305 - 375 -3566 (voice); 305 - 375 -4805 (TTY); 305 - 375 -5753 (fax) www.miamidade.gov "Delivering Excellence Every Day" Miami -Dade County is a public entity subject to Chapter 119 of the Florida Statutes concerning public records. E- mail messages are covered under such laws and thus subject to disclosure. 7/22/2008 GENERAL AFFIDAVIT State of Florida County of Dade BEFORE ME, before whom affidavit is sworn], on this the undersigned Notary, [name of Notary [day of month] day of [month], 20 personally appeared [name of affiant], known to me to be a credible person and of lawful age, who being by me first duly sworn, on [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 if the project is not successfully completed and shall allow the Miami -Dade County Office of ADA Coordination 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. [set forth affiant's statement of facts] [signature of affiant] [typed name of affiant] [address of affiant, line 1] [address of afant, line 2] State of Florida County of Sworn to (or affirmed) and subscribed before me this day of (yea'), by statement). (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known Type of Identification Produced OR Produced Identification (name of person making