041-1995 DM
-
CITY OF MIAMI BEACH
MEMORANDUM
DATE:
August 22, 1995
Departmental Memo 4L -19 9 5
TO: All Department Heads
FROM: Jose Garcia-Pedrosa, City Manager 11
SUBJECT: ADA Policy and contractsNoidab~ Language
Please find attached a memorandum from Raul Aguila, First Assistant City Attorney
regarding Commission Resolution 95-21632 that requires all finns doing business
with the City to be in compliance with ADA (Americans with Disabilities Act) and
related laws, to attest to their compliance, and to have in their contracts a voidability
provision for non-compliance with ADA.
/'""-
If your department does its contracting through the Purchasing Department then they
will provide the proper language in the contracts as well as provide the required
affidavit fonn.
If your department contracts without going through Purchasing then you must have
the finns, businesses, professionals, etc. with whom you do business with execute
the required Affidavit (attached) and [all] your contracts must include the language
as written in the memorandum from Raul Aguila (attached). The executed Affidavits
should be filed along with your copy of the contracts.
If you have any questions please contact Raul Aguila, First Assistant City Attorney
at X-7470.
JGP:RF
cc: Joe Pinon, Assistant City Manager
Robert S, Fine, AlA, ADA Coordinator
Judith Ford, Purchasing Director
Raul Aguila, First Assistant City Attorney
- enclosures: Raul J. Aguila Memorandum of Aug. 18, 1995 / Affidavit fonn
F:IMJl.ADAIMEMOSIMEMOO I02.WPD
CITY OF MIAMI BEACH
r'
FROM:
Robert S. Fine, A.LA,
ADA Coordinator
Raul J, Aguila ~~
First Assistant City Attorney
TO:
DATE:
August 18, 1995
RE:
ADA Policy and City ContractsNoidability Language
In accordance with Commission Resolution 95-21632 that all contracts with the City must
contain language to the effect that if a firm doing business with the City is not found to be in
compliance with ADA or related laws, the City may void the contract. The following language
should be inserted into all City contracts:
r-
(Insert name of contracting party) agrees to adhere
to and be governed by all applicable requirements of the laws listed
below including, but not limited to, tho~e provisions pertaining to
employment, provision of programs and services, transportation,
communications, access to facilities, renovations, and new
construction.
The Americans with Disabilities Act of 1990 (ADA): Pub. L. 101-
336,104 Stat 327, 42 U.S.C. 12101-12213 and 547 U.S.C, Sections
225 and 611 including Title I, Employment; Title II, Public Services;
Title III, Public Accommodations and Services Operated by Private
Entities; Title IV, Telecommunications; and Title V, Miscellaneous
Provisions.
The Rehabilitation Act of 1973: 29 U.S.C. Section 794.
The Federal Transit Act, as amended: 49 U.S.C. Section 1612.
The Fair Housing Act as amended: 42 US.C, Section 3601-3631.
r-
(Insert name of contracting party) must complete
and submit the City's Disability Non-Discrimination Affidavit
(Affidavit). In the event (Contractor) fails to execute the City's
Affidavit, or is found to be in non-compliance with the provisions of
the Affidavit" the City may impose such sanctions as it may
determine to be appropriate, including but not limited to, withholding
of payments to (Contractor) under the Agreement until compliance
I
,-.
r
r
and/or cancellation, tennination or suspension of the Agreement in
whole or in part. In the event, the City cancels or tenninates the
Agreement pursuant to this Section, (Contractor) shall not be relieved
of liability to the City for damages sustained by the City by virtue of
(Contractor's) breach of the Agreement.
Upon your review of the aforestated language, I would request that you circulate same to all
City Department heads, Also, in the interest of time, I would request that you direct City
Departments to the Purchasing Department for copies of the Disability Non-Discrimination
Affidavit, as that is where I got my own copy.
Thank you for your assistance in this matter.
cc: Murray H, Dubbin, Interim City Attorney
Donald Papy, Deputy City Attorney
Jose Garcia-Pedrosa, City Manager
Judith Ford, Purchasing Director
RJAlbfg
C:I WPWIN601 WPllOCSIMEMOS.RJAIPOLICY.ADA
.
DISABILITY NONDISCRIMINATION AFFIDAVIT
CONTRACT REFERENCE
".-
NAME OF FIRM, CORPORATION, OR ORGANIZATION
AUTHORIZED AGENT COMPLETING AFFIDAVIT:
POSITION
PHONE NUMBER ( )
I,
, being duly first sworn state:
That the above named firm, corporation or organization is in compliance with and agrees to continue to
comply with, and assure that any subcontractor, or third party contractor under this project complies with
all applicable requirements of the laws listed below including, but not limited to, those provisions
pertaining to employment, provision of programs and services, transportation, communications, access to
facilities, renovations, and new construction.
The Americans with Disabilities Act of 1990 (ADA): Pub. L. 101-336, 104 Stat 327, 42 V.S.C. 12101-
12213 and 47 US.C. Sections 225 and 611 including Title I, Employment; Title II, Public Services; Title
III, Public Accommodations and Services Operated by Private Entities; Title IV, Telecommunications; and
Title V, Miscellaneous Provisions.
The Rehabilitation Act of 1973: 29 US.C. Section 794.
,,--
The Federal Transit Act, as amended: 49 US.C. Section 1612.
The Fair Housing Act as amended: 42 US.C. Section 3601-3631.
Signature
Date
SUBSCRIBED AND SWORN TO (or affirmed) before me on
by
(Date)
. He/She is personally known to me or has
(Affiant)
presented
as identification.
(Type of identification)
(Signature of Notary)
(Serial Number)
(print or Stamp Name of Notary)
(Expiration Date)
Notary Public
(State)
Notary Seal
".-
The City of Miami Beach will not award a contract to any firm, corporation or organization that fails to complete and submit this
Affidavit with the firm, corporation or organization's bid or proposal or fails to have this Affidavit on file with the City of Miami
Beach.