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95-21816 RESO Incomplete RESOLUTION NO. 95-21816 A RESOLUTION OF THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING AND DIRECTING THE ADMINISTRATION TO APPLY FOR THE DADE COUNTY DISABLED PERMITS PARKING FINES GRANT- FISCAL YEAR 1995-1996 ALLOCATION, IN AN AMOUNT OF $48,260.00; TO ACCEPT THE GRANT WHEN AWARDED; 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 COlUlty, 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 lnterlocal Agreement, in the fonn 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 Dade County, Florida ordinance 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; and NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows : Section I: The City Administration is hereby authorized to apply for the Dade County ADA Parking Fines Grant for fiscal year 1995-1996. Section II: The Mayor and City Clerk are 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 Pennits Parking Fines Grant Fiscal Year 1995-1996 allocation subject to the criteria contained in the Interlocal Agreement. Section III: The disbursing officers ofthe City are hereby authorized to disburse the funds awarded under Dade COlUlty Disabled Permits Parking Fines Grant Fiscal Year 1995-1996 allocation under the tenns 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 Barner-Free Enviromnent 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 thi ATTEST: ~~ FnR~" Ar,~n""'" "'<0 'U 'h', "fi nU 'J !,U ~ By _ 1/ /; 3 /r::- Date _,~_____. CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 CITY OF MIAMI BEACH OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. 83~(") -q S TO: Mayor Seymour Gelber and Members of the City Commission DATE: November 21,1995 Jose GarCia-pedrOsa/( City Manager . SUBJECT: A RESOLUTION · AUTHORIZING AND DIRECTING THE ADMINISTRATION TO APPLY FOR THE DADE COUNTY DISABLED PERMITS PARKING FINES GRANT- FISCAL YEAR 1995-1996 ALLOCATION, IN AN AMOUNT OF $48,260.00, TO ACCEPT THE GRANT WHEN AWARDED", 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. FROM: ADMINISTRATION RECOMMENDATION: The Administration recommends the adoption of the attached Resolution authorizing the Administration to apply for the Dade County Disabled Permits Parking Fines Grant- Fiscal Year 1995-1996 allocation in the amount of$48, 260.00, to accept the grant when awarded 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, and further authorizing the Mayor and City Clerk to execute an lnterlocal Agreement with Dade County, Florida to receive the 1995-1996 allocation subject to the criteria contained in the Interlocal Agreement. <lATE ~1C- \ \-2\-95 AGENDA ITEM Commission Memorandum Page 2 November 21.,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 baniers, and is reviewing its programs to develop ways of making them more accessible. The Administration proposes that this Grant be applied for and accepted by the City so that architectural and communication barriers in City facilities, and inaccessibility to E:\MB-ADA\DOCS\COMMPKG2. WPD Commission Memorandum Page 3 N ovem ber 21, 1995 City programs, may be remedied sooner than if these Grant funds are not available to assist the City in this effort. CONCLUSION: It is the Administration's recommendation that the City apply for this ADA-related grant, 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\COMMPKG2. WPD INTERLOCAL AGREEMENT This agreement is entered into this day of year, by and between Dade County. Florida, a political subdivision of the State of Flonda (the "County") and (the "City"), a municipal corporation orgamzed and existing under the 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 fmes for mIsuse of specIally m.arked 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 In 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 73 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 e 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 senllces as specified by Administrative Order 3 - I 5 f Future funding IS contingent upon proper complellon and reponing of prevIous programs or projects 5 The parties agree to follow the terms and conditIons regarding payment as follows a The percentages for distribution shall be calculated by the County annually By December I !it of each year the County shall notify all municipalities of the percentages for distribution of the disabled permit parking fine money for the upcoming annual period commencing February I The percentage for distribution to the County and to mUOlclpalities are based on a percentage of total revenue which is determined by calculating the total amount paid on tickets In a municipality divided by the total number of tickets paid county-wide Funding estImates Include a percentage of the monies which '.......ere not dIstributed to any municIpalities In the prevIous year 74 1 g. The County may amend the terms of this agreement from time to time as it may deem necessary 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. ATTEST rvfETROPOLIT AN DADE COUNTY, FLORIDA By Harvey Ruvin, Clerk Armando Vidal, P E County Manager ATTEST By City Clerk (Date) (Official Seal) 5 75 METROPOLITAN DADE COUNTY, FLORIDA l:~:!>> ~1r6 "~l" STEPHEN P. CLARK CENTER .,1 2j~ .-:: !~:2.3 '. ; Iv_ OFFICE OF COUNTY MANAGER OFFICE OF ADA COORDINATION 12TH FLOOR. SUITE 348 111 N.W. 1st STREET . MIAMI, FLORIDA 33128-1985 (305) 375-3566 FAX (305) 375-5753 i " ... . . 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 interlocal 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. Sincerely, () ~ ~ l~\<-"\. Diana Richardson, Ph.D. Director \ cc: Robert S. Fine, A.l.A. 76 ; 07.17A ...c'f'IOQ.I.O(<C~....f WIG' (fijMEMORANDUM o Agenda Item No. S(A)(lO) :ROM: DATE: SUBJECT: October 3, 1995 Resolution Approving Interlocal Agreement for Distribution of Disabled Permit Parking Fine Monies RECOMMENDA TION It is recommended that the Board adopt the attached resolution approving an interlocal agreement for the distribution of disabled pennit 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 1. 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 infonning them of the availability of the monies and are given estimates of funding for which they can apply. The 77 Hon. Chairperson and nbers 0 Board of County Comrrua~loners . Page 2 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" " } The attached Resolution and interlocal agreement v,;ll 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 v,;thout 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 $77,77405 $43,83996 $11.458 88 $5.52395 $19,185 16 The County's portion is $137,676 64 FISCAL IMPACT STATEMENT There is no fiscal impact which results from this Resolution. 78 .. ""o~': o Agenda Item No. 5(A)(10l 10-3-95 RESOLUTION NO. R-1372-95 RESOLUTION AUTHORlZfNG EXECUTION OF fNTERLOCAL AGREEMENT WITH MUNlClP ALITIES FOR DISTRIBUTION OF DISABLED PERMlT PARKING FINES TO MUNICIPALITIES MEETrNG 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 .... . THE BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY, FLORIDA. that this Board authorizes the County Manager to execute an interlocal agreement with municipal i ties, in subs tantially 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. 79 o Agen~Ltem No. S(A)(lO) Page ~J. 2 " The foregoing resolution was offered by Commissioner Natacha s. Millan who moved its adoption The motion was seconded by Commissioner James Burke and upon being put to a vote, the vote was as follows ALEXANDffi PENEI..AS aye DmNIS C. K)SS James Burke aye Miguel Diaz de la Portilla 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. ~ or: .. DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS ..... I}Q-~ ........ HARVEY RUVIN, CLERK Approved by County Attorney as to form and legal sufficiency \lv'j. ( By: KAY SULLIV AN~ Deputy Clerk 80