95-21800 Reso
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RESOLUTION NO. 95-21800
A RESOLUTION AUTHORIZING AND DIRECTING
THE ADMINISTRATION TO ACCEPT THE AWARD
OF THE DADE COUNTY DISABLED PERMITS
PARKING FINES GRANT- FISCAL YEAR 1994-1995
ALLOCATION, IN AN AMOUNT OF $43,840.00 AND
TO APPROPRIATE THE FUNDS FOR AMERICANS
WITH DISABILITIES ACT (ADA) COMPLIANCE-
RELATED MEASURES WHEN RECEIVED, AND
FURTHER AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE ANY AND ALL
NECESSARY DOCUMENTS.
WHEREAS, Title II of the Americans with Disabilities Act of 1990, requires
that state and local governments provide accessibility in the programs they provide
in a manner that does not discriminate on the basis of disability; and,
WHEREAS, the City desires to comply fully with all the applicable
provisions of the Americans with Disabilities Act of 1990; and,
WHEREAS, the Code of Dade County, Florida authorizes the charging of
fines for misuse of specially marked parking spaces for people with disabilities; and,
WHEREAS, the Board of County Commissioners of Dade County, Florida
has authorized the County Manager to execute an interlocal agreement, in the form
attached hereto as Exhibit A, with municipalities, including the City of Miami Beach,
to distribute annually revenues generated by the citations for misuse of specially
marked parking spaces for people with disabilities; and,
WHEREAS, the ordinance of Dade County, Florida authorizing the
distribution of the parking fines revenues, requires that the funds be used to improve
accessibility and equal opportunity to qualified physically disabled persons and to
conduct public awareness programs;
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR
AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as
follows :
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Section I: The City Administration is hereby authorized to execute an interlocal
agreement, similar in form to the Interlocal Agreement form attached hereto as
Exhibit A, which provides for the distribution of the Dade County Disabled Permits
Parking Fines Grant Fiscal Year 1994-1995 allocation subject to the criteria contained
in the Interlocal Agreement.
Section II: The disbursing officers of the City are hereby authorized to disburse
the funds awarded under Dade County Disabled Permits Parking Fines Grant Fiscal
Year 1994-1995 allocation under the terms required thereby.
Section IV: The City's ADA Coordinator is hereby charged with the
responsibility for designing and implementing a program, in consultation with the
Mayor's Ad-Hoc Barrier-Free Environment Committee, to expend these funds as a
part of the City's program to create accessibility for persons with disabilities in the
City's programs and facilities.
PASSED AND ADOPTED this
ATTEST:
F'~
(J CI CLERK
FORM APPROVED
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By
Date 10/ gD 11:S_,
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CITY OF
MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. <3c'J1- qS
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE:
November 8, 1995
Jose Garcia-Pedrosa JI
City Manager '
SUBJECT: A RESOLUTION AUTHORIZING AND DIRECTING THE
ADMINISTRATION TO ACCEPT THE AWARD OF THE DADE COUNTY
DISABLED PERMITS PARKING FINES GRANT- FISCAL YEAR 1994-1995
ALLOCATION, IN AN AMOUNT OF $43,840.00 AND TO APPROPRIATE
THE FUNDS FOR AMERICANS WITH DISABILITIES ACT (ADA)
COMPLIANCE-RELATED MEASURES WHEN RECEIVED, AND FURTHER
AUTIIORIZING THE MAYOR AND CITY CLERK TO EXECUTE ANY AND
ALL NECESSARY DOCUMENTS.
FROM:
ADMINISTRATION RECOMMENDATION:
The Administration recommends the adoption of the attached Resolution authorizing
the Mayor and City Clerk to execute an Interlocal Agreement with Dade County,
Florida to receive $43,839.96 from the Dade County Disabled Permits Parking Fines
Grant- Fiscal Year 1994-1995 Allocation subject to the criteria contained in the
Interlocal Agreement and to appropriate the funds when received in order to support
the City's efforts to comply with Title II of the Americans with Disabilities Act of
1990.
AGENDA
ITEM
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Commission Memorandum
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November 8, 1995
BACKGROUND:
In July 1990, the Americans With Disabilities Act (ADA) was passed by the U.S.
Congress. Title II of the ADA requires that state and local governments provide
accessibility to their programs and to not discriminate on the basis of a persons
disability in employment and in the goods, services and programs that they
provide. As required under Title II of ADA, the City has developed a Transition
Plan which describes the facilities owned and/or controlled by the City and the
architectural barriers found in the respective facilities.
The funds that will be received by the City under this Grant may be used for
modifications to City facilities to remove architectural barriers, to train City
employees in regard to the requirements of ADA, to provide public awareness
programs regarding ADA, and to help fund the operations of the City's Office of
ADA Coordination.
The expenditure of the funds under this Grant will be based on consultation with
the Mayor's Ad-Hoc Barrier-Free Environment Committee.
ANALYSIS:
Under Title II of ADA, programs and facilities of state and local governments
must be made accessible to persons with disabilities.To comply with the law, the
City has undertaken a program of modifying its facilities to remove architectural
and communication barriers, and is reviewing its programs to develop ways of
making them more accessible.
The Administration proposes that this Grant be accepted by the City so that
architectural and communication barriers in City facilities, and inaccessibility to
City programs, may be remedied sooner than if these Grant funds are not available
E:\MB-ADA\DOCS\COMM-PKG.WPD
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Commission Memorandum
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3
November 8, 1995
to assist the City in this effort.
CONCLUSION:
It is the Administration's recommendation that the City execute the Interlocal
Agreement with Dade County, Florida to receive the funds under this Grant, and
utilize these funds to assist the City's efforts to comply with the Americans with
Disabilities Act.
E:\MB-ADA\DOCS\COMM-PKG.WPD
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INTERLOCAL AGREEMENT
This agreement is entered into this
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day of
. /9 9~ear. by and
between Dade County. Florida, a political subdivision of the State of Florida (the "County") and
~'tJ~e "City"), a municipal corporation organized and existing under .he laws of
the'State of Florida
WITNESSETH
WHEREAS. SectIon 316 1967, Florida Statutes. and Section 30-447. Code of Metropolitan
Dade County. authorizes the charging of fines for misuse of specially mprked parking spaces for
people with disabilities~ and
WHEREAS. Dade County proposes to distribute said fines under the provIsIons of Section
30-447 of the Cocie of Metropolitan Dade County, Florida;
NOW THEREFORE 10 consideration of the covenants contain herein. the parties agree as
follows
I This agreement shall become effective upon its execution by the authOrized officers of
the parties and will continue annually upon agreement by both parties
EXHIBIT A
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2. The alloc.ation of the disabl~ rarkina fine monies shall be used to provide funds to
improve accessibility and equal oppu. lunity to quoJifie.d physically disablCd persons and to
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provide llnds to conduct public awareness programs concerning phy~iGally dis..ble:d
persons.
J. The partie~ ~hall anr\Utllly submit a propo~rl proaram plan to the Dade County Office
of Americans with Disabilities Act Coorcination. hei'eipaftcr known as the" ADA Offic-I."
4. Expenditures must meet the following criteria~
a. Each party shall illultU ate a maintenance of effort r~jllred to pro\iding accessible
programs. services and activities to people wi~h disabilities~ disAbled parking fine
monies shall not substitute for other monies allocated for such use~
b. Each party shall create an luiviM)ry council cOlT,posed of persons representina a
broad range ot disabilities which !than provide il'\put as to the us~ nrthe funds:
c. Eligible projectS or programs. if mandated b~ federal. state. or iocallaw. must
be matched by the J)anies in at least an equal amount b)' other funding.
Othct clisib1e projects ot' proSN'm.. r!"Iay be funded up to \00 percent by disabled
pennit parkmg fine monics.
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d. lC orJy . portinn of the project or program is being promoted to benefit people
With disabilitieli. lhen only thOlt portior. of tOf'! (lro~ect 0:" pro~rani may be funded
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with these monies
e. The parties are subject to the unifcnn minimum Standards ro~ County-W\de
Application assessment. monitoring tnd management evaluation and perfonnancc
review for organizatiOns pi uvidins community services as '!i('lecified by
Administrative Order 3.15.
f. Funlfe fundiJ\~ is conlingent upon proper compietion and reporting of previo~s
progra."mi UI projects.
The partics agree to follow the terms and conditions regarding payment u rullowa:
Ii. The percenrllgel' for distribution shall be calculated by the County annually.
~y December lllil of each year the County shall Mtify all municipalities of the
percentages for distribution of the disabled pes lfIil parking fine money fot the
upcoming annual period commencing February 1. The percentage for distributiuu
to the County and to municipalities are based on a percentage of total revenue
which ;s determin~d hy calculating the total amount paid on tickets in a
mur.icipality divided by the totnl number oftidcP.l~ paid county-wide. funding
estimates inetude a percentage of the monies whil.t, were not distributed
to an) municipalities in the pr~vious year.
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b. Th~ City agree, to render se"";(".t'-~ in accordance with the Scope of Service
submitted and approved annualty by lilc: Office of ADA Coordination
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c. The Count)' agrees to pay :he City under this agreement based on a payment
schedule agretii upon by the Office of ADA Coordination. accompanied by sueh
documentation it) requested.
d. In nO event shall County f.Jnds be advanced to any subcontractor hereunder.
e. Within thirty (30) days After tlie annual commencement period of this
Agreement, an annual report uf ex.pcnditurC$ is to be subrr.itt,.,rl to the ADA Office.
If after receipt of such annual report. the ADA Office detc:min~ lhat the City
inadvertently has been paid tlmds not in compliance with the Agreement, and to
which it is not entitled. the City ~;n be required to return 5uch funds to tbe
County ur submit appropria.t8 documenfAtian. The County sball bave sole
discretion to determine if the City is entitlw lO suGh funds and the County's
decision on this matter shall be binding
f Th~ ~anies shall return funds to lhe Clerk or the Board if the project is not
succe~~funy GOrnplctod af\d shall allow thl'! Office of ADA Coordination to audit
projects and conduct s\te visits My ~",b a.udiu OT ;t1~eetions shall be conducted
in such manner and at such times so as not to unreasonably interfere with lhe day
to day operation of the panltS,
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S. The County may l'Imend the terms oftbis agreement nom time to time as it
may deem necessal}'.
IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their
r9Spoctive and d\lly authorized officen on the date herei.nabove first mentioned.
ATTEST:
METROPOUTAN ADE COlJl'4JY. FLORIDA
ATTEST:
J;lrf?L
ity Clerk
(Official Seal)
FORM APPROVED
LEGAL DEPT.
By #(If/J;;Jt-,
Date /1/1 ~~ ~
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METROPOLITAN DADE COUNTY, FLORIDA
METRO-O' , '.' -
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STEPHEN P. CLARK CENTER
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OFFICE Of COUNTY MANAGER
OFFICE OF ADA COORDINATION
12TH FLOOR. SUITE 348
111 N.W. 1st STREET '
MIAMI, FLORIDA 33128-1985
(305) 37~
FAX (305) 375-5753
October 13, 1995
Mr. Joseph R. Pinon, Assistant City Manager
City of Miami Beach, City Hall
1700 Convention Center Drive
Miami Beach, Florida 33139
Dear Mr. Pinon:
The Board of County Commissioners passed the enclosed resolution authorizing execution of an
interlocal agreement with municipalities for distribution of disabled permit parking fine monies
beginning with the FY 1994-95 allocation. The City of Miami Beach has submitted a proposal in
the amount of $43,839.96 for use of the monies which has been approved (see attached).
To receive the monies you will need to execute the enclosed three original copies of the interloca1
agreement and return them to my office. I will obtain the County Manager's signature and request
that a check be sent to you.
I am sorry that the process has taken so long this year. The recently approved interlocal
agreement will simplify the existing distribution process through a provision which allows the
agreement to continue from year to year without the need for further Board action. You will be
receiving a separate letter in the near future advising you of monies for which you may apply for
FY 1995-96.
If you have any questions please do not hesitate to give me a call at 375-3566. I look forward to
hearing from you soon.
Sincerel;, ()..
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Diana Richardson, Ph.D.
Director
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~:cc: Robert S. Fine, A.I.A.
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C:J,. MEMORANDUM
_ Agenda Item No. S(A)(lO)
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=AOM:
DATE:
SUBJECT:
October 3, 1995
Resolution Approving
Interlocal Agreement
for Distribution of
Disabled Permit Parking
Fine Monies
RECOMMENDATION
It is recommended that the Board adopt the attached resolution approving an interlocal agreement
for the distribution of disabled permit parking fine monies (as outlined in the attached Interlocal
Agreement) and authorizing the County Manager to execute this agreement on behalf of Dade
County after proper execution by cities submitting request for funds The interlocal agreement is
intended to simplify the existing distribution process by including a provision which allows the
agreement to continue from year to year without the need for further Board action. The new
process for distribution of the disabled parking fine monies, subject to approval by the Board will
begin with funds from the FY 1994-95 allocation,
BACKGROUND
In 1991, the City of North Miami Beach requested that a share of disabled parking fines collected
from citations issued by the City be returned to the City for its use, The Commission for the
Advancement of the Physically Handicapped (CAPH) now the Commission on Disability Issues
(COOl), worked with the League of Cities to develop criteria that proposed projects using
disabled parking fine money should meet. These criteria were subsequently incorporated with an
amendment of Ordinance 87-39 Section 30-447 (2) (c) (iii) of the same Ordinance, effective
October I, 1991. These criteria are currently used by the Office of ADA Coordination in the
evaluation of proposals,
The Ordinance states that the monies are to be allocated as follows: "One third to be used to
defray County administrative expenses and two thirds to be used to provide funds to improve
accessibility and equal opportunity to qualified physically disabled persons and to conduct public
awareness programs. The two-thirds shall be distributed in the following manner: Thirty (30)
percent to be retained by the County for county-wide P,urposes in accordance with State law, and
seventy (70) percent to be allocated to the governmental entity having jurisdiction over the
violation. Monies not distributed to a city because of the failure of such city to submit or comply
with a program plan shall be placed in a fund for disbursement to other cities which are in
compliance with such plans in proportion to the percentage of citations issued by the complying
city,"
All municipalities are sent a letter by the Office of ADA Coordination informing them of the
availability of the monies and are given estimates of funding for which they can apply, The
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Hon. Chairperson and ~bers
Board of County Comdll..~ioners
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current process as outlined in the current interlocal agreement requires that each municipality
approved by the ADA Office to receive their share of the disabled parking fine monies enter into
an interlocal agreement which is further approved by the Board of County Commissioners for
each year in which they receive such funding,"
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The attached Resolution and interlocal agreement will simplify the administrative process by
allowing the Cities and the County to enter into an ongoing interlocal agreement, which. once
approved by the Board of County Commissioners. will continue from year to year. Those
municipalities which submit requests for funding to the ADA Office and meet approved criteria
will receive their share of the disabled parking fine monies without the need for further Board
. action, The ADA Office will continue to administrate distribution and use of the funds,
The attached interlocal agreement will allow for distribution of disabled parking fine monies
beginning with the FY 94-95 allocation The distribution for FY 94-95 is as follows:
City of Miami
City of Miami Beach
City of Coral Gables
City North Miami
City of North Miami Beach
$77.774,05
$43,839,96
$11.45888
$5.523,95
$19.185,16
The County's portion is $137.676 64
FISCAL IMPACT STATEMENT
There is no fiscal impact which results from this Resolution.
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Agenda Item No. 5(A)(10)
10-3-95
RESOLUTION NO. R-1372-95
RESOLUTION AUTHORIZING EXECtITION OF
INTERLOCAL AGREEMENT WITH MUNICIPALITIES
FOR DISTRIBUTION OF DISABLED PERMIT
PARKING FINES TO MUNICIP ALITlES MEETING
APPROVED CRITERIA,
WHEREAS, This Board desires to accomplish the purposes outlined
in the accompanying memorandum, a copy of which is incorporated
herein by reference.
NOW. THEREFORE. BE IT RESOLVED EY THE BOARD OF COUNTY
COMMISSIONERS OF DADE COUNTY, FLORIDA, that this Board authorizes
the County Manager to execute an interlocal agreement with
municipalities. in substantially the form attached hereto and
made a part hereof, following approval of the County Attorney's
Office.
This Board authorizes annual distribution of disabled permit
parking fines in an amount to be determined annually based on
revenue generated by the citations issued to municipalities
meeting specified criteria and authorizes the Finance Director to
make said distribution.
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Agendl'{\l:tem No. 5('A'HIB)'"
Page ~J. 2
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The foregoing resolution was offered by Commissioner
Natacha S. Millan who moved its adoption, The motion was seconded by
Conunissioner James Burke
and upon being put to a vote, the vote was as
follows:
AlEXANDml PmELAS aye DENNIS C.t1JS5
James Burke aye Miguel Diu de la PortiUa
Betty T. Ferguson aye Maurice A. Ferre
Bruce Kaplan absent Gwen Margolis
Natacha S. Millan aye Pedro Reboredo
Katy Sorenson aye Javier D. Souto
Arthur E. Teele, Jr. absent
aye
aye
aye
absent
aye
aye
The Chairperson thereupon declared the resolution duly passed
5th
and adopted this ~day of October, 1995.
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DADE COUNTY, FLORIDA
BY ITS BOARD OF COUNTY
COMMISSIONERS
HARVEY RUVIN, CLERK
Approved by County Attorney as
to form and legal sufficiency vJ'f. (
By: KAY SULLIV AN{
Deputy Clerk