95-21632 Reso RESOLUTION NO. 95-21632
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, REAFFIRMING PROHIBITION OF
DISCRIMINATION ON THE BASIS OF DISABILITY
AND CREATING A NEW POLICY PROHIBITING
CONTRACTS WITH FIRMS VIOLATING THE
AMERICANS WITH DISABILITIES ACT OF 1990
AND OTHER LAWS PROHIBITING
DISCRIMINATION ON THE BASIS OF
DISABILITY.
WHEREAS, the Mayor and City Commission desires to ensure access to
programs, activities and services so that no individual with a disability is discriminated
against on the basis of disability; and,
WHEREAS, the Americans with Disabilities Act of 1990 (ADA) has been
enacted by Congress to provide a clear and comprehensive mandate for the elimination
of discrimination against individuals with disabilities in employment, public
accommodations, programs provided by state and local governments, transportation
and telecommunications services; and,
WHEREAS, the City of Miami Beach does not wish to conduct business with
firms that violate the ADA or otherwise discriminate against people with disabilities;
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR
AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA :
Section 1. -- Definitions
For the purposes of this Resolution, the following definitions shall apply:
a. The Americans with Disabilities Act of 1990 (ADA): Pub. L. 101-
336, 104 Stat 327, 42 U.S.C. 12101-12213 and 47 U.S.C. Sections
225 and 611 including Title I, Employment; Title II, Public
Services; Title III, Public Accommodations and Services Operated
by Private Entities; Title IV, Telecommunications; and Title V,
Miscellaneous Provisions.
b. The Rehabilitation Act of 1973: 29 U.S.C. Section 794.
c. The Federal Transit Act, as amended: 49 U.S.C. Section 1612.
d. The Fair Housing Act as amended: 42 U.S.C. Section 3601-3631.
e. City: The City of Miami Beach and agencies and instrumentalities
thereof, and all entities wholly funded by the City.
f. Firm: Any person, corporation, partnership, or any other type of
business entity or organization, including not-for-profit
organizations.
g. Attesting Firm: Any firm that submits an affidavit pursuant to this
resolution.
h. Acts: The statutes listed in this section.
Section 2. -- Restrictions
a. Prior to entering into any contract with the City, a firm desiring to
do business with the City shall submit the Affidavit attached hereto
as Exhibit 'A', attesting that the firm is not in violation of any
provisions of the Acts. The City shall not enter into a contract with
any firm that has not submitted an Affidavit attesting to compliance
with the Acts prior to the award of the contract.
b. If any attesting firm, or any owner, subsidiary, or other firm
affiliated with or related to the attesting firm is found by the
responsible enforcement agency, the Courts, or the City to be in
violation of the Acts, the City will conduct no further business with
such attesting firm. Any contract entered into based upon
a false affidavit submitted pursuant to this resolution shall be
voidable by the City. If any attesting firm violates any of the Acts
during the term of any contract such firm has with the City, such
contract shall be voidable by the City, even if the attesting firm was
not in violation at the time it submitted its affidavit.
c. It shall be a requirement that all City contracts for goods and
services contain specific language as to "voidability" should a post
contract violation of any of the Acts occur.
d. For the purposes of Section 2, "owner" shall mean any firm having
any Ownership interest in the attesting firm, and "subsidiary" shall
mean any firm in which the attesting firm has an ownership interest.
Section 3. -- Enforceability
a. This resolution shall be effective immediately upon its adoption.
PASSED AND ADOPTED this 12 day of July, 199
R
ATTEST:
i5ed i FORM APPROVED
L AL DEP
CITY CLERK
By 'r . .4�
Date C,/3a/y's
DISABILITY NONDISCRIMINATION AFFIDAVIT
CONTRACT REFERENCE
NAME OF FIRM, CORPORATION, OR ORGANIZATION
AUTHORIZED AGENT COMPLETING AFFIDAVIT:
POSITION PHONE NUMBER( )
I, , being duly first sworn state:
That the above named firm, corporation or organization is in compliance with and agrees to
continue to comply with, and assure that any subcontractor, or third party contractor under this
project complies with all applicable requirements of the laws listed below including, but not
limited to, those provisions pertaining to employment, provision of programs and services,
transportation, communications, access to facilities, renovations, and new construction.
The Americans with Disabilities Act of 1990 (ADA): Pub. L. 101-336, 104 Stat 327, 42 U.S.C.
12101-12213 and 47 U.S.C. Sections 225 and 611 including Title I, Employment; Title II, Public
Services; Title III, Public Accommodations and Services Operated by Private Entities; Title IV,
Telecommunications; and Title V, Miscellaneous Provisions.
The Rehabilitation Act of 1973: 29 U.S.C. Section 794.
The Federal Transit Act, as amended: 49 U.S.C. Section 1612.
The Fair Housing Act as amended: 42 U.S.C. Section 3601-3631.
Signature
Date
SUBSCRIBED AND SWORN TO(or affinned)before me on
(Date)
by .He/She is personally known to me or has
(Affiant)
presented as identification.
(Type of identification)
(Signature of Notary) (Serial Number)
(Print or Stamp Name of Notary) (Expiration Date)
Notary Public (State) Notary Seal
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. 533--95
TO: Mayor Seymour Gelber and DATE: July 12, 1995
Members of the City Commission
FROM: Jose Garcia-Pedrosa
s
City Manager
SUBJECT: A RESOLUTION Orr THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, REAFFIRMING
PROHIBITION OF DISCRIMINATION ON THE BASIS OF DISABILITY
AND CREATING A NEW POLICY PROHIBITING CONTRACTS WITH
FIRMS VIOLATING THE AMERICANS WITH DISABILITIES ACT OF
1990 AND OTHER LAWS PROHIBITING DISCRIMINATION ON THE
BASIS OF DISABILITY.
ADMINISTRATION RECOMMENDATION:
The Administration recommends the adoption of the attached Resolution reaffirming
the City's desire to comply with the Americans with Disabilities Act of 1990 (ADA)
and requiring firms that desire to do business with the City comply with ADA and
related Acts and that these firms attest to not being in violation of ADA and related
Acts.
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
F:\MB-ADA\DOCS\MEMO-AFI.WPD
AGENDA
ITEM
DATE 1-)2-
Commission Memorandum Page 2 July 12, 1995
their programs and do not discriminate on the basis of a persons disability in
employment and in the goods, services and programs that they provide. The City has
demonstrated its commitment to accessibility for the residents and visitors of the
City with disabilities in the past and with this Resolution is reaffirming this
commitment.
ANALYSIS:
Title II of ADA requires that a public entity may not, either directly, or through
contractual licensing, or other arrangements, aid or perpetuate discrimination against
individuals with disabilities by providing assistance to an agency, organization, or
person that discriminates on that basis of disability. In addition, a public entity, in
the selection of procurement contractors, under Title II, may not use criteria that
subject individuals with disabilities to discrimination on the basis of disability.
Doing business with firms or other entities that discriminate on the basis of disability
could undermine the efforts of the City to comply with Title II of ADA and provide
the residents and visitors of the City with disabilities with programs, benefits and
services that are non-discriminatory on the basis of disability. By requiring that
contracts given by the City are voidable if the firms contracted with violate ADA or
related Acts, the City is sending a message that it does not wish to do business with
firms that violate ADA or otherwise discriminate against people with disabilities.
CONCLUSION:
It is the Administration's recommendation that the City approve this resolution and
require that firms desiring to do business with the City attest that they do not violate
ADA and related Acts or discriminate against persons on the basis of disability. The
F:\MB-ADAIDOCSIME MO-AFI.W PD
Commission Memorandum Page 3 July 12, 1995
Administration further recommends implementing the requirement that contracts
with the City provide for voidability by the City when the contracted firm violates
ADA or related Acts even if the firm was in compliance when the contract was
initially executed.
F:1MB-ADA\DOCS\MEMO-AFI.WPD