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HomeMy Public PortalAbout13-8631 New Interlocal Agreement w/MDC for Parking Fines Sponsored by: City Manager RESOLUTION NO. 13-8631 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO EXECUTE A NEW INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY, FOR FISCAL YEAR 2012-2013 PARKING FINES REIMBURSEMENT PROGRAM; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Interlocal Agreement between the Miami-Dade County and the various municipalities for the Parking Fines Reimbursement Program has been revised; and WHEREAS, to participate in the program, the City of Opa-Locka ("City") must submit a new executed Interlocal agreement, along with an annual affidavit; and WHEREAS, carryover monies not distributed to municipalities from prior year funds are included in funding estimates for municipalities; and WHEREAS, as a result of funds collected, and unspent funds from other municipalities, the City is entitled to $2,113; and WHEREAS, in order to receive funds from the Parking Fines Reimbursement Program, the City must submit an Affidavit within 90 days of receipt of letter (received June 20, 2013); and WHEREAS, the City Commission approves acceptance of the Interlocal Agreement with Miami-Dade County, for fiscal year 2012-2013 Parking Fines Reimbursement Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AS FOLLOWS: Section 1. Recitals. The above recitals are true and correct and incorporated into this resolution by this reference. Section 2. The City Commission of the City of Opa-locka authorizes the City Manager to execute the Interlocal Agreement with Miami-Dade County, for the Parking Fine Resolution No. 13-8631 Reimbursement Program, for receipt of funds that will go toward improving accessibility and equal opportunity to qualified persons with disabilities, and conducting public awareness programs. Section 3. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 10th day of July, 2013. , / YRA T' YLOR MAYOR Attest to: IIC - ._ _1 _."- --2 J1: a Flores C ty Clerk Approved as to form and legal sufficiency: 11 I I ,)S Liiik - ._...,_A Jos', sr`71 eller G'14 EN 'OON MARDER PA C/y Attorney l Moved by: COMMISSIONER HOLMES Seconded by: COMMISSIONER JOHNSON Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Santiago: YES Vice-Mayor Kelley: YES Mayor Taylor: YES 2 (reivILOCitt Cfg *to e City of Opa-Locka Agenda Cover Memo Commission Meeting Juyly 10, 2013 Item Type: Resolution Ordinance Other Date: X (EnterX in box) Fiscal Impact: Ordinance Reading: 1st Reading 2nd Reading (Enter X in box) Yes No (Enter X in box) X Public Hearing: Yes No Yes No (Enter X in box) X X Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No (Enter Acct No.) (EnterX in box) X ITEM BUDGETED: YES NO _X Contract/P.O.Required: Yes No RFP/RFQ/Bid#: (Enter X in box) X N/A Strategic Plan Related Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list the (Enter X in box) X specific objective/strategy this item will address) Enhance Organizational El Bus.&Economic Dev 0 N/A Public Safety CI Quality of Education fl Qual.of Life&City Image El Communcation Il Sponsor Name City Manager Department: City Manager Short Title: Miami-Dade County Municipal Parking Fines Reimbursement Program Fiscal Year 2012-2013 Staff Summary: The City of Opa-locka is entitled to $2,113 as a result of fines collect in the previous fiscal year (FY2011- 2012) and unspent funds from other municipalities. The interlocal agreement and affidavit must be submitted to the County with sixty (60) days from June 20, 2013 to receive funds. 1 i Proposed Action: Staff recommends approval from the City Commission to enter into an interlocal agreement and affidavit with Miami-Dade County, Municipal Parking Fines Reimbursement Program. Attachment: 1) Agenda Item 2) Miami-Dade County Letter Dated 06/20/13 3) Miami-Dade County Interlocal Agreement 4) Miami-Dade County Municipal Parking Fines Reimbursement Program Affidavit 2 I Gage 0 LOCkq rtio <9 U D iar /', OAgORASE�i Memorandum TO: Mayor Myra L. Taylor Vice Mayor Joseph L. Kelley Commissioner Timothy Holm; Commissioner Dorot Joh .s�/ Commissioner Luis B S. ia_o FROM: Kelvin L. Baker, Sr., City Mana;.er DATE: June 28,2013 RE: Miami-Dade County Municipal Parking Fines Reimbursement Program Fiscal Year 2012-2013 Request: APPROVAL OF RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH MIAMI- DADE COUNTY MUNICIPAL PARKING FINES REIMBURSEMENT PROGRAM, FISCAL YEAR 2012-2013. FUNDS WILL BE POSTED IN ACCOUNT NUMBER 001-338120. Description: In Accordance with Section 30-447, Code of Miami-Dade County parking fines are generated from the misuse of marked spaces for people with disabilities. Reimbursements to municipalities are based on a percentage of revenue collected during Fiscal year 2011-2012. The City of Opa-locka is entitled to $2,113 as a result of fines collected in the previous fiscal year and unspent funds from other municipalities. The interlocal agreement and affidavit must be submitted to the County with sixty(60) days from June 20, 2013 to receive funds. Reimbursement parking fine funds for FY11-12 will be used as follows: • To improve accessibility and equal opportunity to qualified physically disabled persons • Conduct disability awareness programs Account Number: Funds will be posted to account 001-338120. Financial Impact: Miami-Dade County parking fines reimbursement program funds will supplement the City's budget. Implementation Time Line: Immediately upon approval. Interlocal agreement and affidavit must be submitted to the County within sixty(60)days from June 20, 2013. Legislative History: Submission of Affidavits 1 I '' Analysis: For Fiscal Years 2009-2012,the County only requested completion of affidavits. Recommendation(s): Approval from the City Commission to enter into interlocal agreement and affidavit with the County. Attachments: 1) Miami-Dade County Letter Dated 06/20/13 2) Miami-Dade County Interlocal Agreement 3) Miami-Dade County Municipal Parking Fines Reimbursement Program Affidavit Prepared by: Kathy Phillips, Executive Secretary, CMO End of Memorandum 2IPage OFFICE OF THE MAYOR '-u:;Y MIAMI-DADE COUNTY, FLORIDA \)C-74.7911'''' CARLOS A. GIMENEZ MAYOR June 20,2013 Kelvin L. Baker, City Manager Office of the City Manager City of Opa-Locke 780 Fisherman Street,4th Floor Opa-Locka, FL 33054 Dear Mr. Baker: 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 Opa-Locka is entitled to $2,113 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. 06-2!-13P17: 35 RG'FR STEPHEN P.CLARK • 111 N.W.FIRST STREET • 29TH FLOOR • MIAMI, FLORIDA 33128.1830 • (305)375-5071 Page 2 If you need additional information regarding the Parking Fines Reimbursement Program, please contact Heidi Johnson-Wright, ADA Coordinator at 305-3T5-3566. Please return the Interlocal Agreement and Affidavit to the attention of Ms. Johnson-Wright at Miami-Dade County, Internal Services Department, 1 1 1 NW 11(Street, 24th Floor, Miami, FL 33128. Sincere) / Carlos A. Gimme -z 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 MIAMI-DADE COUNTY MUNICIPAL PARKING FINES REIMBURSEMENT PROGRAM INTERIOCAL AGREEMENT This agreement is entered into this (day) of (monthfyear), 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, 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 i 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 aftiant 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 ATTEST: MIAMI-DADE COUNTY, FLORIDA By: Harvey Ruvin, Clerk Carlos A. Gimenez, Mayor ATTEST: MUNICIPALITY OF , FLORIDA By:, CityfrownNillage Clerk CiIyrfownNillage Manager (Date) (Official Seal) 4 MUNICIPAL PARKING FINES REIMBURSEMENT PROGRAM AFFIDAVIT State of Florida, County of, BEFORE ME, the undersigned Notary, [name of Notary before whom affidavit is swornj, on this {day of month]day of • [month], 20 , . personally appeared [name of affr'antJ, known to me to be a credible person and of lawful age, who being by me first duly sworn, on This 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. fsignature of affiant] 1 [typed name of affiant} (address of affiant, line 1] [address of affiant, line 2/ State of Florida, County of- Sworn to(or affirmed)and subscribed before me this day of (month),_ (year), by (name of person making statement). (Signature of Notary Public-State of Florida) (Print, Typo, or Stamp Commissioned Name of Notary Public) Personally Known _OR Produced Identification Type of Identification Produced 2