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:
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By _
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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:~:!>>
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STEPHEN P. CLARK CENTER
.,1 2j~ .-:: !~:2.3
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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
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(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.
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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