2008-26849 ResoRESOLUTION NO. 2008-26849
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, RATIFYING AN INTERLOCAL
AGREEMENT WITH MIAMI-DADE COUNTY FOR THE PURPOSE OF
RECEIVING PARKING FINES REIMBURSEMENT PROGRAM FUNDS
FOR PROJECTS THAT BENEFIT PEOPLE WITH DISABILITIES.
WHEREAS, Section 316.008, Florida Statutes, and Section 30-447 of the Code of
Miami-Dade County, authorize the charging of fines for misuse of specially marked
parking spaces for people with disabilities; and
WHEREAS, reimbursements to municipalities are based on a percentage of revenue
collected (during Fiscal Year 06-07) that is determined by calculating the total amount
paid on tickets in a municipality, divided by the total number of tickets paid countywide;
and
WHEREAS, in accordance with Section 30-447 of the Code of Miami-Dade County,
parking fine money generated from the misuse of marked spaces for people with
disabilities is used in the following manner:
1. One-third (1/3) of the money is used to defray the Clerk of Courts' administrative
expenses;
2. Two-thirds (2/3) 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; and
WHEREAS, the two-thirds portion is distributed in the following manner:
1. Thirty percent (30%) is retained by the County for countywide purposes, in
accordance with State law;
2. 70 percent (70%) is allocated to the governmental entity having jurisdiction over
the violation; and
WHEREAS, Miami-Dade County has recently streamlined the Parking Fines
Reimbursement Program; and
WHEREAS, the revised Program requires only that an affidavit be submitted
annually from a municipality's chief administrative official 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 MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby ratify an Interlocal Agreement with Miami-Dade County for the
purpose of receiving Parking Fines Reimbursement Program funds for projects that
benefit people with disabilities.
PASSED AND ADOPTED this 16th day of July 2008.
ATTEST: '~/ ~ ~, ~ .
CIT CLERK M Y
Robert Parcher Matti Herrera Bower
T:WGENDA\2008\July 16\Consent\Parking Fines Reimbursement Program.RESO.doc
APPROVED AS TO
fORM & LANGUAGI
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COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, ratifying the execution of an
Interlocal Agreement with Miami-Dade County for the purpose of receiving Parking Fines Reimbursement Program
Funds for projects that benefit people with disabilities.
Key Intended Outcome Supported:
Ensure well-maintained facilities and ensure well-maintained infrastructure.
Supporting Data (Surveys, Environmental Scan, etc.):
80% of residents rated the appearance and maintenance of the City's public buildings as excellent or good. 49% of
residents rated condition of sidewalks as excellent or good.
Issue:
Shall the Ma or and Ci Commission a rove the Resolution?
Item Summa /Recommendation:
Each year the City participates in the disbursement of funds collected for the misuse of specially marked parking
spaces for people with disabilities. Section 316.008 Florida Statutes, and Section 30-447. Code of Miami-Dade
County, authorized the charging of fines for misuse of these specially marked parking spaces.
Reimbursements to municipalities are based on a percentage of revenue collected during Fiscal year 06-07 that is
determined by calculating the total amount paid on tickets in a municipality divided by the total number of tickets paid
countywide.
Miami-Dade County Board of County Commissioners has recently streamlined the Parking Fines Reimbursement
Program. The revised program requires only that an affidavit be submitted annually from the municipality's chief
administrative official 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. The
City has already submitted the affidavit.
For Fiscal Year 07-08, the County required that the City execute and submit an Interlocal Agreement by June 30,
2008. The Interlocal Agreement could not be placed as an agenda item for the June City Commission meeting; the
agreement was signed by the City Manager on behalf of the City.
A total of $74,292.60 is available for the City of Miami Beach. This is a combination of fines collected in the previous
fiscal year, and unspent funds from other municipalities.
The Administration recommends a royal of the Resolution.
Advisory Board Recommendation:
Financial Information:
Source of Amount Account
Funds: ~
3
OBPI Total
Financial Impact Summary:
Ci Clerk's Office Le islative Trackin
Fernando Vaz uez, Ci En ineer, x.6399
Si n-Offs•
Department Director Assistant Manager City Manager
FHB JMG
T:\AGENDA\2008Wu1y 16\Consent\Parking Fines Reimbursement Program.Title.doc
~ /~ ~ ~ ~ /~, u AGENDA ITEM C `
~Ils (~ ` f~ n DATE ? 16-0~
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the C' y Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: July 16, 2008
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, RATIFYING THE EXECUTION BY THE CITY
MANAGER OF AN INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY
FOR THE PURPOSE OF RECEIVING PARKING FINES REIMBURSEMENT
PROGRAM FUNDS FOR PROJECTS THAT BENEFIT PEOPLE WITH
DISABILITIES.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
Section 316.008 Florida Statutes, and Section 30-447. Code of Miami-Dade County, authorized the
charging of fines for misuse of specially marked parking spaces for people with disabilities.
Reimbursements to municipalities are based on a percentage of revenue collected during Fiscal
year 06-07 that is determined by calculating the total amount paid on tickets in a municipality divided
by the total number of tickets paid countywide. Funding estimates include a percentage of the
carryover moneys that were not distributed to any municipalities in the previous year.
In accordance with Section 30-447 of the Code of Miami-Dade County, parking fine money
generated from the misuse of marked spaces for people with disabilities is used in the following
manner:
1. One-third of the money is used to defray Clerk of Courts' administrative expense
2. 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:
1. 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.
Miami-Dade County Board of County Commissioners has recently streamlined the Parking Fines
Reimbursement Program. The revised program requires only that an affidavit be submitted annually
from the municipality's chief administrative official stating that the funds reimbursed shall be used to
improve accessibility and equal opportunity to qualified persons who have disabilities in the
Parking Fines Reimbursement Program
July 16, 2008
Page 2 of 2
municipality and to conduct disability public awareness programs. The City has already submitted
the affidavit.
In addition for Fiscal Year 07-08, the County required that the City execute and submit an Interlocal
Agreement by June 30, 2008. Because the Interlocal Agreement could not be placed as an agenda
item for the June City Commission meeting, the agreement was signed by the City Manager on
behalf of the City.
The combination of fines collected in the previous fiscal year, and unspent funds from other
municipalities, makes available an amount of $74,292.60 for which the City of Miami Beach will
apply.
Attachment:
Agreement
Im
T:\AGENDA\2008Uu1y 16\Consent\Parking Fines Reimbursement Program.doc
INTERLOCAL AGREEMENT
This agreement is entered into this 25 day of June 2008, by and between Miami-Dade County,
Florida, a political subdivision of the State of Florida (the "Count}') and City of Miami Beach (the
"municipalit}~'), 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 parkuig 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.
NOW THEREFORE in consideration of the covenants contain 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 physically disabled persons
and to provide funds to conduct public awareness programs concerning physically
disabled persons.
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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.
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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:
Harvey Ruvin, Clerk
ATTEST:
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City Clerk
(Official Seal)
MIAMI-DADE COUNTY, FLORIDA
By:
Carlos Alvarez, Mayor
CITY OF NIIAMI BEACH, FLORIDA
By. ~ - (~ - a5 20 0~
Jor .Gonzalez, City Manager Date
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AppROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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