94-21161 Reso
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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_
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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
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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
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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.
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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.
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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
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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
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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.
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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.
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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.
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FLORIDA
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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