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2004-25714 Reso Inc. RESOLUTION NO. 2004-25714 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER, TO EXECUTE AN AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY AND MIAMI-DADE COUNTY, FLORIDA, DATED MAY 7, 2003; SAID AMENDMENT PERMITTING MIAMI BEACH PARKING ENFORCEMENT SPECIALISTS I AND II TO ENFORCE PROVISIONS OF THE MIAMI-DADE COUNTY CODE; SPECIFICALLY, REGARDING VEHICLES FOR HIRE REGULATIONS. WHEREAS, on May 8, 2002, the Mayor and City Commission approved Resolution No. 2002-24846, authorizing the Mayor and City Clerk to execute an Interlocal Agreement with Miami-Dade County which permits Miami Beach Police Officers to enforce provisions of the Miami-Dade County Code; specifically, regarding vehicle for hire regulations; and WHEREAS, the Code of Miami-Dade County, Florida permits the officials and inspectors of municipalities to participate in the enforcement of violations of the County Code; and WHEREAS, accordingly, the City of Miami Beach wishes to also permit its Parking Enforcement Specialists I and " to enforce provisions of the Miami-Dade County Code; specifically, regarding vehicles for hire; and WHEREAS, in order for Miami Beach Parking Enforcement Specialists I and" to participate in this enforcement, the City and the County must amend the existing Interlocal Agreement to reflect this amendment; and WHEREAS, the Miami Beach Parking Department has agreed to assume the responsibility for the enforcement of the County Code regulations regarding for-hire vehicles; and WHEREAS, Miami-Dade County has agreed to amend the Interlocal Agreement with the City for this purpose; and WHEREAS, the Interlocal Agreement will become effective the day it is executed and will be for a term of one year, with an option to renew for two additional years, and the City will receive 75% of all fines collected, and the County will retain 25% of all fees collected to defray administrative costs. NOW THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, approving and authorizing the City Manager, to execute an amendment to the Interlocal Agreement between the City and Miami-Dade County, Florida, permitting Miami Beach Parking Enforcement Specialists I and II to enforce provisions of the Miami-Dade County Code; specifically, regarding vehicles for hire regulations. PASSED and ADOPTED this 13th ATTEST: ~~ PCU~ CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION Mr ~ IO-C-O'A City ~ UlWt T :\Agenda\oct132004 \consent\fo rhirevehiclesinterlocalag reementrevision. res/doc CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY m ......... --- Condensed Title: A Resolution authorizijIQ an amendment to the interlocal agreement between the City of Miami Beach and Miami-Dade Countylhat will allow Miami Beach Parking Enforcement Specialists I and II to enforce rovisions of the Miami-Dade code r ardin "For Hire" vehicles. Issue: Shall the City of Miami Beach execute an amendment to the interlocal agreement with Miami-Dade County that will give enforcement authority to Miami Beach Parking Enforcement Specialists I and II regarding "For Hire" vehicles? Item Summa IRecommendation: The Administration recommends the adoption of this resolution which will allow Miami Beach Parking Enforcement Specialists I and II to enforce the Miami-Dade code regarding "For Hire" vehicles. Currently, these provisions are being enforced by County and the City's Police Department. The regulations goveming "For Hire" vehicles include advertising or permitting operations without avald, current for-hire license, having a valid operating permit displayed, and having valid and sufficient insurance coverage amongst other regulations. 14 Miami Beach police officers assigned to the Accident Investigations Unit and Motor Squad enforce the County regulations. The interlocal agreement also provides that the County will receive 25% of all fines collected to defray administrative costs for processing, hearings, etc.; the City of Miami Beach will receive 75% of all fines collected r annum in one lum sum. Committee endorsed this recommendation. Financial Information: Amount to be expended: Source of Amount Account Approved Funds: 1 D 2 3 .. Finance Dept. Total Si n..()ffs: Department Director Assistant City Manager City Manager F:\PING\$ALL\SAUL\COMMRESOIFORHIRE-INTERLOCAL agreemenl2OO4revi.SUM.doc Agenda Item Date C-7f/ lo-/i-{)tf CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.ci.miami-beach.fl.us COMMISSION MEMORANDUM From: Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez " ' / City Manager ()NJ""o A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AN AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND MIAMI-DADE COUNTY, FLORIDA, PERMlrnNG MIAMI BEACH PARKING ENFORCEMENT SPECIALISTS I AND II TO ENFORCE PROVISIONS OF THE MIAMI-DADE COUNTY CODE, SPECIFICALLY REGARDING VEHICLES FOR HIRE REGULATIONS. Date: October 13, 2004 To: Subject: ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND Under the provisions of the Miami-Dade County Code, Section acc, officials and inspectors of municipalities may participate in enforcing the civil violations of the Miami- Dade County Code. In order to participate, the City must enter into an Interlocal Agreement with Miami-Dade County. On Maya, 2002, the Mayor and City Commission approved Resolution No. 2002-24846, approving an Interlocal Agreement between the City and County. This Interlocal Agreement permits Miami Beach Police Officers to enforce the provisions of the County Code regarding the regulations governing "For-Hire>> vehides. At present, the Miami Beach Police Department has assumed this responsibility. The Police Department has 14 pOlice officers assigned to its Accident Investigations Unit and Motor Squad, and utilizes these officers to enforce the county regulations. This extra assignment will in no way detract from the officer's regularly assigned duties; however, in order to further increase effectiveness and efficiencies of this enforcement effort, the Administration recommends the inclusion of the City's Parking Enforcement Specialists I and II into this enforcement effort. In order to achieve this, the Interlocal Agreement between the City and Miami-Dade County must be amended to include them. Once the City has approved the inclusion of Parking Enforcement Specialists, the County will administratively include them in this initiative. The provisions of Miami-Dade County Code acc, provide the regulations that govern vehicles used "For-Hire". These regulations include advertising or permitting operations Commission Memorandum For-Hire Vehicle EnforcementAnterlocal Agreement Amendment October 13, 2004 without a valid, current for-hire license, permitting or authorizing any chauffeur or other person to operate any for-hire vehicle without the vehicle's current valid operating permit displayed, and allowing or permitting any person to operate a for-hire vehicle without current, valid and sufficient insurance coverage. The Interlocal Agreement is currently in its final one-year term which will expire on May 7, 2005. The Administration intends to potentially identify additional City personnel that may also enforce the County's For-Hire vehicle regulations and provide said recommendations, including a recommendation for renewal of the current agreement in May 2005. For informational purposes, the Interlocal Agreement stipulates that the County receives 25% of all fines collected to defray administrative costs for processing, hearings, etc. and the City receives 75% of all fines collected and is reimbursed by the County annually in a lump sum. CONCLUSIQN This amendment to the Interlocal Agreement will permit Miami Beach Par1<ing Enforcement Specialists I and II to enforce the County ordinances regarding For-Hire vehicles. This will also provide the City with revenues from the fines collected by the enforcement efforts. JMG/DD/C~/JDC/SF ~ T:\AGENDAI20l12\OCT13041CONSENTlfor hi,e interfocal aglMlT18l1l2004revisi0n. mem.doc Tel: (305) 375-1250 !! Fax: (305) 372-6308 DIRECTOR'S OFFICE 140 WEST FLAGLER STREET SUITE 903 MIAMI. FLORIDA 33130-1561 , I;aD -=--- E-mail: consumer@miamldade.gov September 8, 2004 Mr. Raul J. Aguila First Assistant County Attorney City of Miami Beach 1700 Convention Center Drive, Fourth Floor Miami Beach, FL 33139 Re: Interlocal Agreement between Miami-Dade County and City of Miami Beach relating to the enforcement of for-hire regulations Dear Mr. Aguila: Thank you for your letter of Augus~ 26. 20q4, regarding the above subject. Iflf: :noS' earile- tnl2 vea- witr ;:'oilcf: Malo- Jonr D Sense ane ="::- Wardl~ :il' 0: Mlam Sea:r ;:'arK;n~ )e08'1merr, te dIS:US" tne ooisipiiil\' 0: extencil'l~ tr\e ~"xlstln; IntenocaA.grej3men' tc t:l~. :::ir; ~. ::;'a:f~lr::: =nT:?r:eMen~ )ffl:;e~'? L_ oil:r. nl:J;?~arr wa': a~reec :: ttia-- vYOUIC 1:)\::)IV-:" ~" i;r;;IS: ~L..-lmbe" c~~ ::';ar<lnc :=nfo,':;.emen :)ft:zers', Dart(:u:arll' a nl::~:. ~\'r:.'!viaec t'1f ="lfjrc;e~e. n . ....... '. '. . . -' . - . ,f,;~.:>"< rO~e';'Of" tn""opO-t-a'nl'nr 8~r ~o..;iT'I'~at"I'v . - :-__' 1:...........1..,. ....oJ ,'........... .. _n _ ,oJ., l ,! : ~ ;1.... ........d,~'..... '-!,.~' While thiS couid be accomplished Ir, tne renewa: tiOa: will take place nex:year, it is m~ understanding that your Parking Department wishes to make the change during the existing term. At our meeting, we noted that the language of the Interlocal Agreement is sufficiently broad for the Consumer Services Department to accept these Enforcement Officers; however, the City of Miami Beach resolution approving the Interlocal Agreement limited the City's participation to Police Officers. Once we receive official confirmation that Parking Department Enforcement Officers are authorized by the City to participate, we can administratively add them. The Interlocal Agreement augments our daily enforcement activities within the City. We look forward to continuing the excellent relationship we have with the City of Miami Beach Police and Parking Departments with regard to for-hire issues. Please don't hesitate to let me know if you need additional information. Attachment c: Saul Frances, Parking Director John Di Censo, Police Division Major Joe Mora, Director, Passenger Transportation Regulatory Division Eric Wardle, Jr., Parking Operations Manager CONSUMER SERVICES DEPARTMENT 140 W. FLAGLER STREET SUITE 903 MIAMI, FLORIDA 33130-1561 TEL (305) 375-1250 FAX (305) 372-6308 www.miamidade.90V