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96-21866 RESO RESOLUTION NO. 96-21866 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND ROBERT S. FINE FOR THE PURPOSE OF PROVIDING ASSISTANCE TO THE CITY IN CONNECTION WITH THE REQUIREMENTS OF THE AMERICANS WITH DISABILITIES ACT OF 1990 (ADA). WHEREAS, the City of Miami Beach recognizes the need to comply with the Americans with Disabilities Act of 1990 (ADA) in all City property and programs; and WHEREAS, the City is desirous of entering into the attached Professional Services Agreement (Agreement) with Robert S. Fine, an independent contractor, to provide assistance by developing a transitional plan, self-evaluation process and grievance procedure that will enable the City to meet and comply with ADA guidelines; and WHEREAS, the Agreement between the City and Robert S. Fine will be for a period of twelve (12) months with an effective date of January 31, 1996, and a termination date of January 31, 1997, for a total amount of $60,000.00; and WHEREAS, the City agrees to allocate up to $5,000 for expenses related to travel, training and supplies for the ADA Coordinator's office; and WHEREAS, the funds for this Agreement, in the aforestated amount, are available and may be appropriated from the Unclassified Special Projects Account for ADA compliance. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission approve the attached Agreement between the City and Robert S. Fine, an independent contractor, and authorize the Mayor and City Clerk to execute he Agreement PASSED AND ADOPTED this 24th January, Mayor, Seymour Gelber ATTEST: J<O~~ ~~ CITY CLERK r-opr,r /' nr:c-, . ill.l I!-. f\ 'J By Date #~~_. CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. ~ FROM: Mayor Seymour Gelber and January 24, 1996 Members of the City Commission DATE: Jose Garcia-Pedrosa 1 City Manager EMPLOYMENT AG MENT BETWEEN THE CITY OF MIAMI BEACH AND ROBERT S. FINE FOR A PERIOD OF TWELVE (12) MONTHS BEGINNING JANUARY 31, 1996, AND A TERMINATION DATE OF JANUARY 31, 1997. TO: SUBJECT: ADMINISTRATION RECOMMENDATION: The Administration recommends the Mayor and City Commission approve to extend the Contractual Agreement between Robert S. Fine and the City of Miami Beach to maintain the coordination of the City's intent to effect full compliance with the Americans with Disabilities Act of 1990 (ADA) to the fullest extent reasonably possible. BACKGROUND: The 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 HIV, epilepsy, cancer, heart disease, tuberculosis, drug addiction and alcoholism. The Public Entities of the ADA, or Title II, has the greatest impact on the City. It applies to the requirements of Section 50x 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. 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. continued... AGENDA ITEM CIA 1-2Y-~ DATE Comm. Memo/Robert S. Fine (Employment Agreement) January 24, 1996 Page 2 The ADA is composed of five (5) 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. The Americans with Disabilities Act is not a building code. The Department of Justice, (together with several of the Federal Departments), is in charge of the implementation of ADA requirements by local governments and is required to provide technical assistance to public entities in their efforts to comply with ADA. 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. Preparation of a self -evaluation is a process which requires the review of a significant number of factors affecting accessibility. ANALYSIS: Mr. Fine, as an independent contractor, is providing consulting services to ensure the development and coordination of ADA requirements with all of the City's programs and projects. Additionally, he assists the Legal Department with any ADA questions and issues arising in the preparation and/or defense of the City with regards to any legal action in connection with alleged violations of the ADA. He reviews ongoing and future City projects for compliance with ADA requirements and has developed a complaint process as required by Title II of the ADA. He has coordinated/provided training for staff related to ADA compliance and has informed the Administration of changes in rules and regulations involving the ADA. Mr. Fine continually informs the Administration of grants available to fund the various projects that will make the City fully accessible to all persons who are impaired or physically challenged. He will continue to represent the Administration at the Mayor's Barrier Free Environment Committee and any and all meetings where necessary on an available basis. Mr. Fine will continue to report directly to Assistant City Manager Joseph Pinon, to oversee all departmental projects involving ADA compliance. Mr. Fine's compensation will continue to be $2,298.85 bi-weekly, for a total compensation of $60,000 for a twelve month/one year period. JGP:JP:blbm Attachments AGREEMENT This Agreement is entered into between Mr. Robert Fine (Contractor) and the City of Miami Beach (City), for a period of twelve (12) months with an effective starting date of January 31, 1996, and a termination date of January 31, 1997. This Agreement is for the purpose of consulting services to ensure the development and coordination of the Americans with Disabilities Act of 1990 (ADA) requirements with all of the City's programs and projects. As part of his Agreement, Contractor shall provide the following services: a. Assist in developing and coordinating the self-evaluation process as required by Title II of the ADA of 1990. b. Assist in developing and coordinating a transition plan based on the self-evaluation process in accordance with ADA guidelines. c. Assist the Legal Department as to any ADA related questions and issues arising in the preparation and/or defense of the City with regards to any legal action in connection with alleged violations of the ADA. d. Review ongoing and future City projects for compliance with ADA requirements. e. Develop a complaint process as required by Title II of the ADA. f. Coordinate and/or provide training for staff related to ADA compliance. g. Inform the Administration of change (s) in rules and regulations involving the ADA. h. Inform the Administration of grants available to fund the various projects that will make the City fully accessible to all persons who are impaired or physically challenged. i. Represent the Administration at Environment Committee and any and necessary on an available basis. the all Barrier Free meetings where For the purpose of this Agreement, Mr. Fine shall be deemed to be an independent contractor, and not an agent or employee of the City, and shall not attain any rights or benefits under the Civil Service or Pension Ordinance of the City, or any rights generally afforded classified or unclassified employees. Further, he shall not be deemed entitled to Florida Worker's Compensation benefits as an employee of the City or accumulations of sick or annual leave. Twenty- six point one (26.1) payments will be made, in the amount of $2,298.85 bi-weekly, for up to 12 months. Payment will be made every two (2) weeks. This Agreement will be in effect for a period of twelve (12) months, for a total compensation of $60,000.00. The City shall be responsible for its portion of any Social Security and Medicare payments required by law in addition to Contractor's bi-weekly emolument for the agreed period. The City shall allocate $5,000 for expenses related to travel, training and supplies for the ADA Coordinator's office. It is agreed Contractor will be able to participate in other personal service agreements with any agency or individual which does not create any actual or inferred conflict of interest with the City of Miami Beach. This Agreement may be terminated for convenience of either party, by giving written notice to the other party of such termination, which shall become effective thirty (30) days following receipt by the other party of the written termination notice. In the event of such termination for convenience of either party, the Contractor shall be paid a sum equal to all payments due to him up to the date of termination of this Agreement, provided Contractor is continuing to provide all services pursuant to the Agreement up to the date of termination. Contractor agrees to indemnify, defend and hold harmless, the City of Miami Beach and its officers, employees and agents, from and against any and all actions, claims, liabilities, losses, and expenses, including, but not limited to, attorney's fees, for personal, economic or bodily injury, wrongful death, loss of or damage to property, in law or in equity, which may arise or be alleged to have arisen from the negligent acts or omissions or other wrongful conduct of the Contractor or his subcontractors, employees, or agents in connection with the Contractor's performance of services pursuant to this Agreement. The Contractors's obligation under this article shall not include the obligation to indemnify the City of Miami Beach and its officers, employees and agents, from and against any actions or claims which arise or are alleged to have arisen from negligent acts or omissions or other wrongful conduct of the City and its officers, employees and agents. The parties each agree to give the other party prompt notice of any claim coming to its knowledge that in any way directly or indirectly affects the other party. Any controversy or claim for money damages arising out of or relating to this Agreement, or the breach hereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and the Arbitration award shall be final and binding upon the parties hereto and subject to no appeal, and shall deal with the question of the costs of arbitration and all matters related thereto. In that regard, the parties shall mutually select one arbitrator, but to the extent the parties cannot agree upon the arbitrator, then the American Arbitration Association shall appoint one. Judgment upon the award rendered may be entered into any court having jurisdiction, or application may be made to such court for an order of enforcement. Any controversy or claim other than a controversy or claim for money damages arising out of or relating to this Agreement, or the breach hereof, including any controversy or claim relating to the right to specific performance, shall be settled by litigation and not arbitration. The City desires to enter into this Agreement only if in so doing the City can place a limit on City's liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $60,000.00. Contractor hereby expresses his willingness to enter into this Agreement with Contractor's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of $60,000.00 less the amount of all funds actually paid by the City to Contractor pursuant to this Agreement. Accordingly, and notwithstanding any other term or condition of this Agreement, Contractor hereby agrees that the City shall not be liable to Contractor for damages in an amount in excess of $60,000.00 which amount shall be reduced by the amount actually paid by the City to Contractor pursuant to this Agreement, for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this subparagraph or elsewhere in this Agreement is in any way intended to b a waiver of the limitation placed upon City's liability as set forth in Section 768.28, Florida Statutes. All notices under the term of this Agreement shall be sent to the following: CONTRACTOR: ROBERT S. FINE A.I.A., PRESIDENT ROBERT FINE & ASSOCIATES, INC. 4211 AURORA STREET CORAL GABLES, FLORIDA 33146 CITY: CITY OF MIAMI BEACH CITY MANAGER'S OFFICE 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FL 33139 WITH COPIES TO: OFFICE OF THE CITY ATTORNEY CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FL 33139 It is further agreed that this Agreement may be altered, extended and amended only upon the written consent of both parties hereto. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by the respective officials thereunto duly authorized, this date and year first above written. CITY OF MIAMI BEACH A Florida Municipal Corporation ~DW f~ City Clerk Seymour Gelber y r, '&'~'~7 -}- /:ad{ Wi1fes'S ~. / -Witn ss ?J A:\Agreement.RSF r "C ,. . t" \}, ! LEGk . ~l---. 0" "",. .J . Date ~,\ ~ Il~_ "