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95-21595 RESO RESOLUTION NO. 95-21595 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING RESOLUTION NO. 93-20784 TO INCLUDE ALL BUILDINGS, FACILITIES AND CURB CUTS DESCRIBED IN THE CITY'S ADA TRANSmON PLAN AS PART OF "EXHIBIT 1- MODIFICATIONS TO BE FUNDED WITH BOND FUND 351 APPROPRIATION" , WHEREAS, on May 5,1993, the Mayor and City Commission adopted Resolution No, 93- 20784 which approved the appropriation of $100,000,00 from Bond Fund 351 to pay for buildings/facilities modifications as required by the Americans with Disabilities Act; and, WHEREAS, the list of buildings/facilities described in "EXHIBIT 1- MODIFICATIONS TO BE FUNDED WITH BOND FUND 351 APPROPRIATION" to Resolution No. 93-20784 is not inclusive of all of the buildings! faci1ities and streets of the City requiring modifications to achieve compliance with the Americans with Disabilities Act; and, WHEREAS, the City must comply with the ADA in a responsible manner and remove barriers in City properties in an expeditious fashion, NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that "EXHIBIT 1- MODIFICATIONS TO BE FUNDED WITH BOND FUND 351 APPROPRIATION" to Resolution No, 93-20784 is hereby amended to include the buildings, facilities, and curb ts described in the City's ADA "TRANSITION PLAN", attached hereto as Exhibit "A", PASSED AND ADOPTED this 7t day ofJune, 1995. ATTEST: FORM APPROVED LE PT. By ~ ;./ Date ~.L!;.. RESOLUTION NO, 93-20784 A RESOLUTION OP THE MAYOR AND CITY COMMISSION OP THE CITY OP MIAMI BEACH, PLORIDA, APPROVING THE APPROPRIATION OP $100,000.00 PROM BOND PUND 351 TO PAY POR BUILDING I FACILITIES MODIFICATIONS AS REQUIRED BY THE AMERICANS WITH DISABILITIES ACT. WBERBAS, in accordance with the Buildinq Department's memorandum to the Handicapped Advisory Board, there are approximately 50 pUblic buildinqsjfacilities requirinq work to achieve compliance with the Americans with Disabilities Act (ADA); and, WHEREAS, the total estimated cost for the first phase of modifications to buildinqs and sidewalks, retrofittinq public restrooms, and other similar work as specified in the list attached to this Resolution amounts to approximately $100,000.00; and, WHEREAS, the City must comply with the ADA in a responsible and expeditious fashion, NOW, THEREPORE, BE IT DULY RESOLVED BY THB MAYOR AND CITY COMMISSION OP THB CITY OP MIAMI BEACH, PLORIDA that the the Mayor and City commission hereby authorize the appropriation of $100,000,00 from the Bond Fund Number 351 to pay for the first phase of work required to achieve compl nee with the ADA as specified in the attached list of project PASSED and ADOPTED this 5th day of ATTEST: ctC~l.~ ~-~ CITY CLERK RMC:EC:fjr Attachment FORM APPROVED lE~EPT. ~. By' _ ~(' ~ c4/ Date -S / /3/9..3 / / IDIBI'f J: KOo:nJ:Cl.'1'IORB '1'0 81 .uRIlBO WID BOlIO ~ 311 aP'ROPRnl.J:OII -.---. LOCATION OESCRIPTIOII OJ' WOlUt ESTIKATEO COST 1. lIOU'1'II POIIIft .UK IIAIlDICI\P _ 20 $2400 111_ , --..: 2. 1000 Wl\SRIIlOTCIl AVI. . I'ItD. LOt B.C. IPACa-cvRI CU'l', nasa STIIII'IlIG , ULOCATII SIOR 3, 1242 COLLINa AVI. - PItlJ. LC1!' PIlOVIDS 5 CDU c:u-rS. nasa MIRS 110_ 20 PIlOPII\ &lIOn 4. 14TH/OCUlI DR, - 111_ _PlT 111_ roll $3000 B.C.. SIO_ 5. 1901 IIIRIDIAR AVI. - no. LOt UIIOYI BlITI'IlBSS-PIlOVIDI $50 1IOI.OClA1IST _IAL ACCaSS TO _IlIL 6. 2700 SURIOAR AVI, - S= IWtOII lITRIP1 2 B.C. S'AClIII, $350 CDftIt 'ROVlDI SIOBAGI 1. 4400 CIWlB AVI. - II1ISS .UK STRIPI I.C. S'AClII, $1300 PIlOVIDI Cl1IDClO'r. 110lUlQI I. 4700 '1"_ DR. - PItlJ. LOt "-ITllIPI B.C. S'AClII , no MISI 110_ 9. 53RD ST ,/COLLIRI AVI. - I'm. LOt PIlOVIDI CIlU c:u-r. 14900 S101lllll1. 1lITIlOI'U' w._. nanDl I,C. _. TO IA_ 10. 64TR .T,/COLLIRS AVI. - PItlJ. LOt 'IlOVIDI CDU c:u-r. $4300 8101llllll, UDOPU' 1A2111lOO11S 11, 7501 COLLIR. AVI. . LIIRARr PIlOVIDI 1 ADD'L. B.C. 1550 S'AClII, "-ITIII.. IXISTIIIO l'AClII, SIOBAGI 12. .AIIlIIA1 PUK PIlOVIDB 150 L', COIlCUft $2500 PioTR TO 'fIIlIll1 COUllTS , PLAI_ 13. '101_1 PUK BlIlLOIIIO _'IT 111_. 14000 PIlOVIDB _I 14. 451 DADI ILVD. - PtJILIC 1I011U _'IT IIITIIIlOCII. $4200 PROVlDB _I IlA1R O"ICI 15. 2195 'RMRIB AVI. - PUt 3 GOLF U1'IlO'IT IA_ $4200 C01IIlSB 16, 7030 TIlOUVILLB UPLAIlADB - U1'IlO'U' IATIIIlOCII, IlA1 $3900 NOIlIWIDI ISLB POOL UlI1II" BLlVATOIl 11. 1765-71ST .T. PLArORDDRD PIlOVIDI CIlU c:u-r. B.C, 11700 .PACI. SI_I, COIlCUft 'ATR TO PLAr IIIlIA 18. 5Dl-728O ST. - BORTH SBORI IIIMS IATRRDOK - B.C. $2100 PUK/TB"IS , ACTIVITY 81IILOIRO IJIl1IlALS nanDB ACCI.S 19. 73RD ST. , COLLIR. AVI. - NORTH _'IT IATIlIlOOII $2100 SHOD COIOMIITY Clll'l'IIl 20. 35TR aT. - 36TR It, , COLLIR. PIlOVIDB CDU c:u-r 11000 AW. - PH. LO'J' 21. 46TH .t./COLLI8. Ava. - PItD. LOt PROVIDI CURB CUT f 15200 .IORAGB. RSTRO'It IATHIlllOIlS. PIlOVIDI , ADDI'UOIfAL B.C, IPIIl:IS. NlD B,C. _S 22. 140 !lACI\R_ CSlll. - OFPIClB. , IATRRDOK 21lD $35000 SAHITATIOH/IIIC1lA1lICAIo !lAIIlT, PI.OOR HO _ICl\PPID ACCI.S, RSQUIRBS BL8VATOIl. IIftIlOFlT 1A'1'IIROOHS TOTAL. $89,400 City of Miami Beach The Americans With Disabilities Act (ADA) Transition Plan 1992 - 1998 JOSE GARCIA-PEDROSA City Manager JOSEPH R. PINON Assistant City Manager/ADA Coordinator ROBERT S. FINE, AlA ADA Coordinator May 24,1995 EXHIBIT A ACKNOWLEDGMENT The City of Miami Beach is grateful for the unselfish and enormous contributions made by the volunteer citizens who contribute the to Mayor's Barrier Free Advisory Committee. The interest, input, diligence, and assiduity of this volunteer group of citizens has been the guiding force behind the administration's efforts to ensure public awareness, education and sensitivity to the needs of the persons with disabilities in the community by ensuring removal of all barriers whenever possible, The administration, on behalf of the residents of the City of Miami Beach, specially thank the efforts of the following members of the Mayor's Ad Hoc Barrier Free Advisory Committee: Edward Resnick. Mildred Levenson Michael Brennan Jonathan Fryd Rita Swedroe Herman Rubin AI Kozma Chairman Page 2 F:\M5-ADA\IlOCSIAOAREQ Introduction and Back2round The Americans with Disabilities Act of 1990 (ADA) was passed by the US Congress to provide a comprehensive mandate for the elimination of discrimination against individuals with disabilities and to provide standards addressing discrimination against individuals with disabilities. Under the ADA, accessibility requirements have become much more stringent and broad in scope, specifically since new language in the act has defined the definition of an individual with a disability to include individuals with such contagious and non-contagious diseases such as mv, epilepsy, cancer, heart disease, tuberculosis, drug addiction and alcoholism, The Public Entities section of the ADA, or Title II, has the greatest impact on the City, It applies the requirements of Section 504 of the Rehabilitation Act of 1973, plus some new requirements, to all state and local governments. In addition, as an employer and landlord, the City is also directly and indirectly affected by the provisions of Title I and III of the ADA, Legal Requirement and Authoritv The Americans with Disabilities Act (ADA) was passed by the US Congress and in July 26, 1990, was signed into law by President George Bush, This legislation offers Civil Rights Protection to individuals with disabilities like those provided to individuals on the basis of race, sex, national origin, age and religion, The ADA is composed offive titles as follows: Title I Title II Title III Title IV Title V Employment State and Local Government Services Public Accommodations and Commercial Facilities Telecommunications Miscellaneous Provisions As mentioned above, the City of Miami Beach is mostly affected by Titles I, II and III. Under the ADA, Title II, the City was required to complete this Transition Plan by July 26, 1992 and must prepare a Self-Evaluation to review all the services, policies and practices offered by each of the departments, divisions and instrumentalities to its own citizens and to others, by January 26, 1993, Page 3 Preparation of a self-evaluation is a process which requires the review of a significant number of factors affecting accessibility, in the context of program accessibility, For the purpose of this document, the Transition Plan and the Self-Evaluation required by the ADA have been and will continue to be developed concurrently, The Self-Evaluation is under separate cover, As a practical matter, the-respective subject matters covered in the Self-Evaluation and the Transition Plan overlap in their use as a part of the compliance process and are assumed to be actually integrated with each other although they exist under separate cover. It is the City's intent to effect full compliance with the ADA to the fullest extent reasonably possible, City Policv It has been a long standing City policy to provide equal services and opportunities to all its citizens and employees in accordance with Federal, State and County guidelines with regards to race, religion, national origin, age, sex, or disability. The City of Miami Beach is proud to have passed the State of Florida's first Human Rights Ordinance prohibiting discrimination including sexual orientation and providing for penalties upon conviction of said ordinance. The below statement has been adopted as the policy of the City in regard to ADA and is posted at City offices and facilities in compliance with ADA: Page 4 CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH flORIDA 33139 ~e CITY OF MIAMI BEACH OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO, 14~-.1J5 TO: Mayor Seymour Gelber and Members of the City Commission DATE: June 7,1995 FROM: Jose Garcia-Pedrosa City Manager SUBJECT: A RESOLUTION OVIDING FOR THE REVISING OF RESOLUTION NO. 93-20784 SO THAT THE LIST OF ELIGIBLE CITY FACILITIES FOUND IN "EXHIBIT 1- MODIFICATIONS TO BE FUNDED WITH BOND FUND 351 APPROPRIATION" IS AMENDED TO INCLUDE ALL OF THE CITY PROPERTIES AND FACILITIES THAT ARE IN THE CITY'S ADA "TRANSITION PLAN". ADMINISTRATION RECOMMENDATION: The Administration recommends that the Commission approve the resolution to revise Resolution 93-20784 in order to provide funds for some of the ADA-required modifications to City facilities that were not included in "Exhibit 1- Modifications to be Funded with Bond 351 Appropriation", BACKGROUND: In July 1990, the Americans With Disabilities Act was passed by the U.S, Congress, Title II of the ADA requires that state and local governments provide accessibility to their programs and do not discriminate on the basis of a persons disability in DATE R-l-D ~-1~~S AGENDA ITEM . , . , COMMISSION MEMORANDUM PAGE TWO JUNE 7, 1995 employment and in the goods, services and programs that they provide, The presence of architectural and/or communications barriers that adversely affect access by disabled persons to employment opportunities, or to the goods, services and programs that a city provides is considered to be discriminatory, In recognition of its obligations under the ADA, the City of Miami Beach has authored an ADA Transition Plan, as required by federal law, This plan includes the City properties and facilities that have an interface with the general public, The plan lists these facilities, the items which require modifications to increase accessibility to persons with disabilities, a time frame to complete such modifications, and where available, the estimated cost to perfonn the respective modifications, On May 5, 1993, the Commission approved Resolution No. 93-20784 which provides an appropriation of $100,000.00 from Bond Fund 351 to pay for building/facility modifications as required by ADA. The 1993 resolution included a list of some City facilities that were eligible for modifications (ADA-related) to be paid for by the Bond Fund 351 appropriation. A number of City facilities, including some that are a high priority for barrier removal, were not included in the list accompanying the 1993 resolution, The City's ADA Coordinator, in consultation with the Mayor's Ad-hoc Barrier-Free Environments Committee and the City Manager's Office, is prioritizing the list of required improvements and is coordinating the barrier-removal plan (Transition Plan), The Transition Plan includes all of the facilities that are currently eligible for Bond Fund 351 monies and many facilities that are currently not eligible. ANALYSIS: The required modifications to City buildings and facilities vary among the more than 50 facilities that are included in the City's ADA Transition Plan, Also included in the Plan are curb cuts at the intersections of City streets where they do not , , . . . COMMISSION MEMORANDUM PAGE THREE JUNE 7,1995 already occur (as required by ADA). Although some City facilities are still being evaluated regarding the presence of barriers that require removal, the high priority buildings and facilities, such as City Hall, are already in the implementation phase of barrier removal. The costs estimates for all the required modifications to City facilities will greatly exceed the amount available for ADA improvements in the 351 Bond Fund but the proposed modifications to the "eligible" list will enable the City to focus its ADA barrier-removal efforts in the high priority facilities, CONCLUSION: The Commission should approve the resolution providing for amending Resolution No, 93-20784 so that all of the buildings, facilities, and curb cuts that are listed in the City's ADA Transition Plan are eligible for ADA modifications that are paid for by Bond Fund 351 monies, This resolution will allow the Administration to focus the Bond Fund 351 monies into the areas that are of the highest priority (and without other available funding source) and allow for the bid process on many of these projects to begin immediately, In order to expedite this project, some of the work may be performed by City crews,