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94-21161 Reso .' ' jl .' RESOLUTXON NO. 94-21161 A RESOLUTXON OF THE MAYOR AND CXTY COMKXSSXON OF THE CXTY OF MXAMX BEACH, FLORXDA AUTHORXZXNG AND DXRECTXNG THE MAYOR AND CXTY CLERK TO EXECUTE AN XNTERLOCAL AGREEMENT BETWEEN THE CXTY OF MXAMX BEACH AND THE METROPOLXTAN DADE COUNTY OFFXCE OF AMERXCANS WXTH DXSABXLXTXES ACT (ADA) FOR THE PURPOSE OF RECEXVXNG THE CXTY'S FXSCAL YEAR 1993/94 GRANT AWARD XN THE AMOUNT OF $40,920.61, AND APPROPRXATXNG THE FUNDS WHEN RECEXVED. WHEREAS, a grant application was submitted to the Metropolitan Dade county Office of Americans with Disabilities Act Coordination on July 8, 1993 for the fiscal year 1993/94 for the purpose of ADA compliance for improved handicapped accessibility; and WHEREAS, The City was awarded $40,920.61 upon the condition that a component of the City's project be dedicated to public awareness programs; and WHEREAS, the Agreement with the with Disabilities funding. city desires to Metropolitan Dade Act Coordination enter into an Interlocal County Office of Americans to receive its allocated NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CXTY COMKXSSXON OF THE CXTY OF MXAMX BEACH, FLORXDA, that the Mayor and City Clerk are hereby authorized to execute an Interlocal Agreement with the Metropolitan Dade County Office of Americans with Disabilities Act Coordination, and the disbursing officers of the City are hereby authorized to disburse the funds required by the terms of the Interlocal Agreement from ADA funds. PASSED AND ADOPTED THXS 18th DAY OF May , 1994. v",-'fbi.", ATTEST: ~~~l..~ CXTY CLERK FORM APPROVED LEGAL DEPT. By --:?~y Debt :;. 11..-<'1_ .' CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER COMMISSION MEMORANDUM NO. 3i~- qy TELEPHONE: (305) 673-7010 FAX: (305) 673-nl2 TO: Mayor Seymour Gelber and Members of the City Commission DATE: May 18.1994 FROM: Roger M. Ca City Manager SUBJECT: A RESOLUTION AUTHORIZING All]) DIRECTING THE EXECUTION OF AN IN'l'ERLOCAL AGREEMENT BETWEEN THE CITY OF Ml:AKI BEACH All]) THE METROPOLITAN DADE COUNTY OFFICE OF AMERICANS WITH DISABILITIES ACT (ADA) FOR THE PURPOSB OF RECEIVING THE~FISCAL YEAR 1993/94 ALLOCATION IN THE MOUNT OF $40,920.61; All]) APPROPRIATING SUCH FUNDS WHEN RECEZVED. ADMINISTRATION RBCOJDIENDATION: The Administration recommends adoption of the attached Resolution authorizing the Mayor and City Clerk to execute an interlocal agreement with the county ADA coordination office for improving the accessibility of physically d~sabled persons and conducting public awareness programs concerning the City's programs for physically disabled persons. BACKGROUND: On May 13, 1993, the City Commission adopted Resolution #93-20784 for the approval and appropriation of $100,000 from Bond 351 to pay for building/facilities modifications as required by the Americans with Disabilities Act. The City's Community Development Block Grant (CDBG) funds from 1993/94 further allocated $60,000 for ADA modifications and the Parking Department earmarked $25.750 for same for a total of $185,750 to used for ADA modifications. Property Maintenance has already identified a partial list of how these funds will be used. The listing of proposed projects is based on the initial survey and ranking that was done in conjunction with the Handicapped Advisory Board of all city-owned properties and facilities requiring ADA modifications. The proposed modifications include: providing handicap ramps to restrooms, retrofitting restrooms for handicap facilities, providing curb cuts on sidewalks, and providing striping and signage for handicapped spaces. On July 8, 1993, the city submitted a grant application .to the county ADA office for purposes of receiving funds to achieve compliance with the Americans with Disabilities Act. To be eligible to receive county funds, all participating cities must submit a program plan to the county assuring that these funds will be used in accordance with state law. All program plans submitted are to be reviewed and endorsed by each city's 28 Handicapped Advisory Board. . DATE C-~-b 515?-Q<.{ AGENDA ITEM .' Commission Memorandum May 18, 1994 Page 2 The criteria the county uses as a review of program plans includes the condition that the plan be adopted by resolution. Since the City has already been informed by the county ADA office that it is eligible to receive $40,920.61 for FY 1993/94, the City should now adopt this resolution to receive the funding award. It should be further noted that all monies not distributed because of the failure of a city to submit or comply with all program plan criteria are to be placed in a fund for redistribution to those cities which are in compliance. The city intends to submit an application for these spillover funds once the County sends notices of funding availability for FY 1994 - 1995. Lastly, the County further stipulated in its award notice that a pUblic awareness component be defined and that the attached interlocal agreement be executed before the county can release the fund award. Thus, the pUblic awareness component has been identified as the placement of an ADA public service information notice on the residents' water bill statements. including same in the City's newsletter, and airing a public services announcement (PSA) on the city's cable channel. ANALYSIS: The Administration proposes that this inter local agreement be executed. The program plan has already been submitted and revised as requested by the County. Once the agreement has been executed, the City is eligible to receive its allocated share of funding under this program. CONCLUSION: It the Administration's recommendation that the City execute the attached interlocal agreement to receive the $40,920.61 funding allocation from the Metropolitan Dade County Office of Americans with Disabilities Act Coordination for the period this date through September 30, 1994. RMC/HSM/jr 29 " INTERLOCAL AGREEMENT ~iS agreement is entered into this ~' 199Q, effective through September between Dade County, Florida, a political ~n day of 30, 1994, by and subdivision of thee State of Florida (the "County") and Miami Beach (the "City"), a municipal corporation organized and existing under the laws of t.lle State of Florida, for a grant in the amount of $40,920.61 for the pro:iect (s) described ill the Scope of Service which is incorporated herein and attached hereto as Attachment A. WITNESSETH WIIERR1\S, ;>('ction 316.1967, Florida Statutes, and Section 30-447, Code of Metropolitan Dade County, authorizes the charging of fines for misuse of specially marked parking spaces for ,people with disabilities; and WIIRRI,I\S, D.I'!e Coullty proposcs to distribute said fines under the provisions of Section 30-447 of the Code of Metropolitan 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. ;>, TII """ordance w,i th the attached memo, dated May ;>0, 1992, re'1"rdLng handicapped parking fines, which is incorporated Ilcrein by reference, the allocation of the disabled parking fine montes sl1,,]] be used to provide funds to improve accessibility and equa~ opportunity to qualified physically disabled persons and to provide funds to conduct public awareness programs concerninq physically disabled persons. 3. The parties shall annually submit a proposed program plan to the Dade County Office of Americans with Disabilities Act Coordination, hereinafter known as the "ADA Office". 4. Expenditures must meet the following criteria: a. Each party shall illustrate a maintenance of effort related to providing accessible programs, flervJCf'S nnd activities to people with disabilities; disabled parking fine monies shall not substitut.e for other monies allocated for such use; c. b. Each party shall create an advisory council composed of persons representing a broad range of disabilities which shall provide input as to the use of the funds; Eligible projects or programs, if mandated by federal, state, or local law, must be matched by the parties in at least an equal amount by other funding. Other eligible projects Or programs may be funded up to 100 percent by disabled permit parking fine monies. .' d. 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 are subject to the uniform minimum standards for County-wide application assessment, monitoring and management evaluation and performance review for organizations providing community services as specified by Administrative Order 3-15. 6. The parties agree to follow the terms and conditions regarding payment as follows: J\mount Pavable Subject to available funds, the maximum amount payable under this Agreement shall not exceed $40,920.61. Proaram The City agrees to render services in accordance with the Scope of Service in Attachment A. Pavment The County agrees to pay the City under this AgreeIllent based on the payment schedule incorporated herein and attached hereto aR Attachment B. The City agrees to submit payment requests to ~ the ADA Office, accompanied by such documentation as requested. Payment shall be made in accordance with the procedures as outlined below: Method of Pavment 1. The parties agree that this is a cost-basis Agreement and that the City will be patd by receiving reimbursement or direct payment from the County for pre-determined allowable expenses. However, an advance of up to the total amount payable under thiR agreement may he paid to the City in one lump sum paym~nt if approved in writing by the ADA Office and by the .' County Manager or up to one-fourth (1/4) of the total amount payable under this Agreement if approved in writing by the ADA Office. The City's request for payment in this manner must be submitted in writing and must specify the reasons and justification for such payment. The County shall have the sole discretion in choosing whether or not to provide <I"y ildv<lIlCe paymt'"l:s <lnd is not obligated to do So under any circumstances. 2. Requests for payment are to be presented to the ADA Office by the City at quarterly intervals. 1. A [1 "" 1 request for tOe imbursement from the City will be accepted by the ADA Office up to thirty (30) days after the expiration of this Agreement. If the City fails to comply, all riqh~s to paym"u~s will be forfe.iter! if the County so chooses. 4. In no event shall County funds be advanced to any subcontractor hereunder. Invoicino the Payment .' 1. Payment and advance requests shall be made in the form incorporated herein as Attachment C. 2. Tht' City agrees 1:0 submit to the 1\D1\ Off d t '] d t . ice e.<l1 e repor s of expenditures which account for all funds received under this Agreement. Any payment due under the terms of this Agreement may be withheld pending the receipt and approval by the ADA Office of all reports and documents due from the City as a part of this Agreement and any modification thereto. .' a. If the City receives an advance of the total grant amount, the report of expenditures is due at the ADA Office quarterly, from the effective date of this Agreement. b. An expenditure report is to be received with each payment request made except for the one-time advance request. This report shall cover the period through the dall' of the paym('nL I('quest. c. Upon the expiration or termination of this Agreement, a final report of expenditures is to be submitted to the ADA Office no more than thirty (30) days after the expiration of this ^qreement. If after receipt of such final report, the ^LJ^ offi ce d('tormil"''' that the City inadvertently has been paid funds not in compliance with the Agreement, and to whirh i L is not enLit ]0d, the City will be required to return such funds to the County or submit appropriate documentation. The County shall have sole discretion to determine if the City is entitled to such funds and the County's decision on this matter shall be binding. .' 3. The parties agree that the request for the final payment under this Agreement may include accruals of personnel costs wh i rh the City is ohligated to pay a fter the cJ ose of the periOd for services provided within the term of the l\grec'mcn t . ~. The parties shall return funds to the Clerk of the Court if the project is not successfully completed and shall allow the (JUice 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 operations of the parties. 5. The Office of ADA Coordination may, at its discretion, request an, audit of funds allocated pursuant to this agreement to assure funds are utilized in accordance with local, State and federal laws. 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. .....c.6.r;1,i;1.~.. .~ U... :/...,. '(lAD,c ~." ,,"F.'?: O~ .. z: . FLORIDA t~ ~: Ruvlr., Snlitrk ..... ....."'............. By: r Joaquin G. Avino, P.!2./ P.L.S. County Manager Executed under authority of Ci ty Resolution No. 94-21161 ATTEST: : ~~~J ~ '&n-- By: , Neisen O. Kasin, Vice-Mayor May 31, 1994 (Date) City Clerk (Official Seal) ~ORM APPROVEIJ lEGAL DEPT. By ~ Date $'. r- ~"i Attachment A SCOPE OF StRVlCE APPLICANT: City of Miami Beach City Hall 1700 Convention Center Drive Miami Beach, FL 33139 CONTACT PERSON: Harry S. Mavrogenes, Assistant City Manager Development. Design & Historic Preservation Services Department Tel: 673-7193 Fax: 673-7772 AMOUNT AWARDED: $40,920.61 AGREEMENT NAME: ADA Modifications/Removal of Architectural Barriers DESCRIPTION: This project will provide modifications to 38 city-owned facilities to provide access to physically handicapped residents and visitors in compliance with the American with Disabilities Act (ADA). See Exhibit I for list of proposed modifications. The recommended work includes: providing handicap ramps to restrooms, retrofitting restrooms for handicap facilities, providing curb cuts on sidewalks, providing striping and signage for handicap parking spaces. These modifications were recommended based, in part, on their having the greatest impact on the largest number of people. Toward this same goal, the public awareness component for this grant has been identified as the placement of an ADA public service information notice on the residents' water bill statements during the summer months (June, July. August), including same in the City's newsletter, and airing a PSA on the city's cable channel. SOURCE OF WCAL Q!d No: MATCH: CDBG Funds $ 45,700 $ 33,350 Bond 351 $ 89,400 $ 76,000 Parking Dept. $-0- $ 25,750 Total $135,100 $135,100 Attachment B AGREEMENTS-DSCALDATA SECTION I: GtNERAL Agreement Name: ADA Modific8tion~/Rp-mnval nf A,..,...hltA<:,t'lral Barrier. Name of Organization: City af Miami B..ac:h Address: City Hall. 1700 Cnrn/&r.lHnn C":l:rontAro nriu9. UhURi B@ar.h FL ~l1::t9 Telephone: 305/673 7193 Contact Penon: Harry S. MavraQenes. Assistant City M..nAg..r Agreement Amount: Agreement Number: Agreement Period: $40.920.61 --- N / A tn ~l=Ilptgmhc:t... ':to. 1QQb. SECTION II: SOURCES OF FUNDING Metro-Dade ADA Parkinq Fines FederalGrants - CDBG Fund" State Grants Fees/Other Revenue (specify) Rand 351 Current Budl!etlStalT $ 40.920.61 $33 350 & Parkina Dept. $101.750 I I I I I I , I Proposed BudutlStalT 52.560 45.700 89 liDO . Organizational Total .$11.U20 61 Line Item SECTION ID: ITEMIZED BUDGET (Describe each expenditure item. - County funds only.) Subtotal Total SALARIES Full-time Employees (bi-weekly and by claSSification) Part-time Employees Utilities Rental Maintenance-Building & Grounds Maintenance-Equipment Bookkeepin~ Insurance (Property & Liability) Building Alterations $135.100 Miscellaneous (Specify) TOTAL BUDGET $ 135.100 I understand that while this information represents a projection, I must receive approval from Metro-Dade Office of ADA Coordination prior to exceeding any line item expenditures. nature and title of person completing form ity Manager HA....y" MAv..ngpn.." 67~-71q~ Printed Name Telephone Attachment C METRO DADt COUNTY OFFICE OF AMERICANS WITH DtsAIJlLITlES ACT COORDINATION BUDGET ADJUSTMENT REOUEST DATE: BUDGET ADJUSTMENT TO THE PROGRAM FISCAL PERIOD FROM TO COST ITEM PRESENT INCREASE DECREASE REVISED BUDGET BUDGET , .. . rTOTAL APPROVED: _ DISAPPROVED: REQUESTED BY: Title Director, Office of ADA Coordination DATE: County Manager