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Home My WebLink About2001-24337 RESO RESOLUTION NO. 2001-24337 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE, ON BEHALF OF THE CITY OF MIAMI BEACH AN INTERLOCAL AGREEMENT WITH MIAMI- DADE COUNTY FOR THE PURPOSE OF RECEIVING THE MIAMI-DADE COUNTY DISABLED PERMIT PARKING FINE GRANT AWARD, IN THE AMOUNT OF $106,643.81, FOR FISCAL YEAR 1999-2000, AND $97,437 FOR FISCAL YEAR 2000-2001; AS WELL AS AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE COUNTY TO RECEIVE THE DISABLED PARKING FINE GRANT AWARD IN THE AMOUNT OF $97,437.21, TO EXECUTE THE GRANT AGREEMENT IF AWARDED; AND TO APPROPRIATE THE FUNDS WHEN RECEIVED. WHEREAS, on July 1990, the U.S. Congress passed the Americans with Disabilities Act,(ADA); and WHEREAS, Title II of the ADA requires that state and local governments provide accessible programs and that they do not discriminate in the provision of employment, goods, services and/or programs, on the basis of a person's disability; and WHEREAS, on April 12, 2000, the Mayor and City Commission adopted Resolution No. 2000-23854 authorizing the City Manager to submit an application to the Miami-Dade County Office of Americans with Disabilities Act, to receive a Grant Award for Fiscal Year 1999-2000, in the amount of$106,643.81, and to appropriate the funds when received; and WHEREAS, on April 25, 2000, the City submitted the grant application to the Miami-Dade County for the 1999-2000 Disabled Permit Parking Fines Grant; and WHEREAS, on December 26, 2000, Miami-Dade County responded with a request for the renewal of the Interlocal Agreement between the City and Mimi-Dade County for the allocation of the Disabled Parking Fines Grant Award; and WHEREAS, on April I 0, 200 I, the Administration received an invitation from Miami-Dade County to submit a proposal to received the Disabled Parking Fine Grant Award for Fiscal Year 2000-2001, in the amount of $97,437.21; and WHEREAS, if awarded, the Administration will utilize these funds to continue with the enhancement of ADA compliance programs within the City; and WHEREAS, the Administration recommends that this lnterlocal Agreement between the City and Miami-Dade County be executed, in order to accomplish the improvements needed to comply with Title II of the ADA 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 hereby approve and authorize the City Manager or his designee, to execute on behalf of the City of Miami Beach, an lnterlocal Agreement with Miami-Dade County for the purpose of receiving the Miami-Dade County Disabled Permit Parking Fine Grant Award, in the amount of $106,643.81, for Fiscal Year 1999-2000. PASSED AND ADOPTED this 18th day of April, 2001. 1#1 MAYOR ATTEST: -(UlAM} () dlVt lu-- CITY CLtRK F:\WORK\$ALL\MAGMIC\ADA\GRANTRES,WPD APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION () Q A c.fiJ~1 \~~- Date ~ .' '.~ . >6:~ MIAMI-OADE ,;), Ji!i"~,i{):P; elT'. 01 ~, ; ;._U ": .. "II : ;,.'_.'-\L' MIAMI-DADE COUNTY, FLORIDA FUBLI ' -\::; H'1E N r GENERAL SERVICES ADMINISTRATION OFFICE OF THE DIRECTOR SUITE 2410 111 N.W.1stSTREET MIAMI, FLORIDA 33128-1979 (305) 375-4513 FAX (305) 375-4968 ~". 0. II. i I) ."". 2J' ~ December 26, 2000 Mr. Lawrence A Levy City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Dear Mr. Levy: Thank you for submitting your request for fimding from the Disabled Pennit Parking Fine Fund for fiscal year 1998-1999. A number of fuctors have caused delays in processing requests this year. First, our staffhad difficulty in obtaining copies of the interlocal agreements, and then found that IIlOst were not ongoing and required renewal We also attempted to streamline procedures by developing an affidavit, instead of performing audits. In reviewing the affidavit, ordinances and administrative orders, the County Attorney's office determined that the affidavit alone would not be sufficient, and that our auditing obligations were considerably IIlOre extensive than contemplated Because the process to change ordinances is time consuming, GSA staff is initiating that process now for next year's distnbution In the interim, we are now proceeding to obtain the additional information needed from the respective municipalities, to properly complete the processing of this years distnbution We sincerely apologize for the delay, and pledge to have a IIlOre timely method of disbursement in place for next year's fimds. In reviewing the records for your municipality, we have found that finther documentation is required. Please respond accordingly to the items listed below: 1. A current Interlocal agreement between the municipality and Miami-Dade County regarding the allocation of parking fine money. ATTACHMENT 1 Enclosed you will find an interlocal agreement fOmL In order to process your request we will need a completed form and documentation for the above listed items. Once we have received the necessary items, we will proceed as expeditiously as possible to respond to your funding request. If you have any questions or require additional information, please contact Mr. Daniel Holder, Acting Director of the Office of ADA Coordination, at (305) 375-2013. Sincerely, a-dM,Jlll Director Attachment c: Michel Magloire, ADA Coordinator MIAMI-DADE COUNTY, FLORIDA &. ~lr~ Iiiilaia lI!!i_!!II ~jl# STEPHEN P. CLARK CENTER OFFICE OF COUNTY MANAGER SUITE 2910 111 NW, 1st STREET MIAMI, FLORIDA 33128-1994 (305) 375-5311 i.. ' Cl - April 04, 2001 -, ~ \''';''. ;0 ,"'; .-. .-' .- ::.'~~ :::n-" 0 ~ ~\ ..,.;;- -- ~~_~, ~_,-.-.-~i-~__. ~~ ......., >.-,-. ... \..~,.' ," Cl i - 0 -"_.... Mr. Jorge M Gonzalez, City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Dear Mr. Gonzalez: In accordance with Section 30-447 of the Code of Miami-Dade County, parking fine money generated from the misuse of specially marked spaces for people with disabilities is to be used in the following manner: (1) One-third of the money is to be used to defray administrative expenses; and (2) Two-thirds of the money is to be used to provide funds to improve accessibility and equal opportunity to qualified physically disabled persons and to provide funds to conduct public awareness programs concerning physically disabled persons. The two-thirds shall be distributed in the following manner: Thirty (30) percent is to be retained by the County for countywide purposes, in accordance with State law, and seventy (70) percent is to be allocated to the governmental entity having jurisdiction over the violation. To be eligible to receive funds each participating city is required to submit a program plan that would assure that these funds would be used in accordance with State law. Money 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. ATTACHMENT 3 Mr. Jorge M. Gonzalez Page 2 The Commission on Disability Issues (COOl) and the League of Cities developed and approved criteria detailing the proper use of these funds in accordance with State law. The program plan must demonstrate how expenditures meet the following criteria: (1) Each party shall illustrate a maintenance of effort related to providing accessible programs, services and activities to people with disabilities; disabled parking fine money shall not substitute for other money allocated for such use; (2) Each party shall create an advisory council composed of persons representing a broad range of disabilities who shall provide input as to the use of the funds; (3) 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 money; (4) 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 moneys; (5) Each party must provide documentation-that previous funding is being or has been appropriately spent. 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. Future funding is contingent upon proper completion and reporting of previous programs or projects. You may submit a proposal for a project or program meeting the aforementioned criteria. Current estimates of funding for which the City of Miami Beach may apply is $97,437.21. Awards to municipalities are based on a percentage of total revenue that is determined by calculating the total amount paid on tickets in a municipality divided by the total number of tickets paid countywide. Funding estimates include a percentage of the spillover moneys that were not distributed to any municipalities in the previous year. The deadline for submission of proposals is May 1, 2001. The Office of ADA Coordination will review the proposals with recommendations from COOL . , Mr. Jorge M. Gonzalez Page 3 If your municipality has expended' funding during the 1999 - 2000 fiscal year you must submit a year-end report in accordance with the terms of the interlocal agreement including all supporting documentation. Since revenue is generated through disabled permit parking citations, stronger enforcement should help generate more funds available to your municipality in the future. Please send proposals for funding to Daniel S. Holder, Acting Director, Office of ADA Coordination, located at III NW 1st Street, Suite #348, 12th Floor, Miami, Florida 33128. If you need additional information, you may call the Office of ADA Coordination at (305) 375-3566. . ----., Steve Shiver County Manager c: Javier Soto, Director, Intergovernmental Affairs Cesar Phillips, Grants CoordinatorlMunicipal Liaison CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.fI.us TO: FROM: SUBJECT: COMMISSION MEMORANDUM NO. 21"'7-0 } Mayor Neisen O. Kasdin and DATE: April 18, 2001 Members of the City Commission Jorge M. Gonzalez ~ ./ City Manager tl" ~ A RESOLUTION F THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE, ON BEHALF OF THE CITY OF MIAMI BEACH, AN INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY FOR THE PURPOSE OF RECEIVING THE MIAMI-DADE COUNTY DISABLED PERMIT PARKING FINE GRANT AWARD, IN THE AMOUNT OF $106,643.81, FOR FISCAL YEAR 1999-2000; AND $97,437.21 FOR FISCAL YEAR 2000-2001; AS WELL AS AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE COUNTY TO RECEIVE THE DISABLED PARKING FINE GRANT AWARD IN THE AMOUNT OF $97,437.21, TO EXECUTE THE GRANT AGREEMENT IF AWARDED; AND TO APPROPRIATE THE FUNDS WHEN RECEIVED. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS In July 1990, the U.S. Congress passed the Americans with Disabilities Act (ADA). Title II of the ADA requires that state and local governments provide accessible programs and that they do not discriminate in the provision of employment, goods, services and/or programs, on the basis of a person's disability. To comply with Title II of the ADA, the City has undertaken programs to modifY its facilities to remove architectural barriers, and to provide accessible programs and services. On April 12, 2000 the Mayor and City Commission adopted Resolution No 200-23854, authorizing the City Manager to submit an application to the Miami-Dade County Office of Americans with Disabilities Act, to receive the grant award for Fiscal Year 1999-2000 in the amount of $106,643,81. On April 25, 2000 the City submitted the grant application, and received a response on December Agenda Item C'S Date 4.--[%-0 J 1 26,2000 (Attachment I) requesting the renewal of the Inter-local Agreement with the Miami-Dade County (Attachment 2). The Administration recommends that this Interlocal Agreement between the City and Miami-Dade County be executed, in order to accomplish the improvements needed to comply with Title II of the ADA. The Disabled Permit Parking Fines Grant will be utilized to fund several programs administered through the City's Office of ADA. All ADA compliance programs are conducted in Consultation with, and approved by, the Barrier-Free Environment Committee (BFEC). Programs funded by the 1999-2000 Miami-Dade Parking Fines Grant will include the following: . The Citywide ADA compliance Curb Ramp Construction Program, (already in its third phase). This construction will include the installation of new curb ramps, modifications to existing ramps to make them accessible, and the removal and replacement of portions of broken sidewalk around the newly constructed ramps. This program expedites the construction of accessible curb ramp improvements at City intersections that are not scheduled for construction, within one year under the ongoing Capital Improvements Projects and General Obligation streetscape programs. . Sign language interpretation services at the City Commission Meetings and other public hearings as needed, . The purchase and provision of additional Beach Wheelchairs at the 10th and 71 st street Beaches. . ADA Citywide renovations. . Beach Access Citywide. Additionally, on April 10, 2001, the Administration received an invitation from the Miami-Dade to submit a proposal to receive the Disabled Parking Fine Grant award for Fiscal Year 2000-2001, in the amount of$97,437.21 (Attachment 3). If awarded, the Administration shall use these funds to continue with the enhancement of ADA compliance programs Citywide. Such programs will be as follows: . Sign language interpretation services at Commission Meetings and Other meetings as needed. $30,000. . ADA compliant curb ramp improvement Citywide: $ 40,000 . Complementary ADA improvements for City facilities: $27.437.21 TOTAL: $97,437.21 Matching funds will be provided from the $92 Million General Obligation Bond. The plan for Expenditure of the Fiscal Year 2000-2001 Disabled Parking Fines Grant will be submitted to the DATE 2 City's Barrier-Free Environment Committee for review and approval in their regular meeting of April 23, 2001. CONCLUSION Approve the attached Resolution. Atta~ts G'). JM~JRMfMM F:\ WORK.\$ALL\MAGMIC\ADA\ADADADEG.WPD 3 .. INTERLOCAL AGREEMENT This agreement is entered into this 18 day of April. 2001 year, by and between Miami- Dade County, Florida, a political subdivision of the State of Florida (the "County") and City of Miami Beach (the "City"), a municipal corporation organized and existing under the laws of the State of Florida. WITNESSEm WHEREAS, Section 316.1967, Florida Statutes, and Section 30-447. Code of Miami-Dade County, authorizes the charging of fines for misuse of specially marked parking spaces for people with disabilities, and WHEREAS, Miami-Dade County proposes to distribute said fines under the provisions of Section 30-447 of the Code of Miami-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. 2. The allocation of the disabled parking fine monies shall be used to provide funds to improve accessibility and equal opportunity to qualified physically disabled persons " and to provide funds to conduct public awareness programs concerning physically disabled persons. 3. The parties shall annually submit a proposed program plan to the Miami-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, services and activities to people with disabilities; disabled parking fine monies shall not substitute for other monies allocated for such use. b. Each party shall create an advisory council composed of persons representing a broad range of disabilities which shall provide input as to use of the funds. c. 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. ., 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 services as specified by Administrative Order 3-15. f. Future funding is contingent upon proper completion and reporting of previous programs or projects. 5. The parties agree to follow the terms and conclusions regarding payment as follows a. The percentage for distribution shall be calculated by the County annually. By December 1 st of each year the County shall notify all municipalities of the percentages of distribution of the disabled permit parking fine money for the upcoming annual period commencing February 1st, The percentage for distribution to the County and to the municipalities are based on a percentage of total revenue which is determined by calculating the total number of tickets paid county-wide. Funding estimates include a percentage of the monies, which were not distributed to any municipalities in the previous year. " b. The City agrees to render services in accordance with the Scope of Service submitted and approved annually by the Office of ADA Coordination. c. The County agrees to pay the City under this agreement based on a payment schedule agreed upon by the Office of ADA Coordination, accompanied by such documentation as requested. d. In no event shall County funds be advanced to any subcontractor hereunder. e. Within thirty days after the annual commencement period of this Agreement, an annual report of expenditures is to be submitted to the ADA Office. If after receipt of such annual report, the ADA Office determines that the City inadvertently has been paid funds not in compliance with the Agreement, and to which it is not entitled, 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. f. The parties shall return funds to the Clerk of the Board if the project is not successfully completed and shall allow the Office 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 operation of the parties. g. The terms of this Agreement may be amended as deemed necessary, by mutual agreement between the City and the County. " 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. ..........,.. ...i,;o M 40, of;;,' ,-~. :;.;. <J-~..,\ {) ~;;::.o t,j' ---1>.- i:..J t ~~_'~~~ ~O'~ ATTES1o:,,) , 'c' 1'~"i:l . p.,,*, ~"''l- -J> ~CO~.FWRIDA BY:~ ~~ Harvey Ruvin, Clerk Steve Shiver, County Manager ATTEST: CITY OF MIAMI BEACH, FLORIDA ~kt p~ BY~ ~o City Clerk Jorge M. Gonzalez, City Manager (Date) (Official Seal) APPROVED AS TO FORM & LANGUAGE . FOR EXECUTION A /J Uti)..tJl, S _ 1'01 '~ DBIe