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,