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HomeMy WebLinkAboutcover memoCITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM CA.13 TO : FROM : The Honorable or & Members of City Co miss n r cad r -' .y rriola, City Manager/ Administrator DATE : SUBJECT: REFERENCES: ENCLOSURES: NOV 10 2003 Resolution Authorizing Negotiation & Execution of ADA Transition Plan Consulting Services FILE : RECOMMENDATION It is respectfully recommended that the City Commission adopt the attached Resolution authorizing the City Manager to negotiate and execute a Professional Services Agreement with a firm, as yet to be selected, for an Americans with Disabilities Act (ADA) Title II Survey and Protocol Transition Plan ("Transition Plan") for the City of Miami. The Transition Plan will be done in phases to include all city right-of-ways, parks, buildings and facilities. The first phase will be an assessment of ADA compliance in 33 city parks containing building/public facilities. Due to the requirements of a settlement agreement entered into by the City of Miami and Access Now, Inc. (a non-profit ADA advocacy organization), it is further recommended that the City Manager be authorized to negotiate a fee for the city parks element of the Transition Plan with the selected firm, in an amount not to exceed $80,000. BACKGROUND Under the Americans with Disabilities Act (ADA), a public entity employing more than 50 persons was required to have completed a Transition Plan by January 26, 1992, to demonstrate how it plans to ensure that persons with disabilities have access to public buildings and facilities. Facilities to be assessed as part of a Transition Plan include right-of-ways, parks, buildings, stadiums, and other public facilities. While the City has been making certain improvements to accommodate the disabled, the required Transition Plan was never completed. Earlier this year, Access Now, Inc. sued the City of Miami in an attempt to require compliance with the federal mandate. As part of the settlement agreement with Access Now, Inc., the City is required to immediately prepare a Transition Plan. Both parties further agreed that the first element of the Transition Plan to be completed would be an assessment of the 33 city parks containing buildings and/or other public facilities. Said plan element will identify a list of barriers requiring mitigation and articulate a schedule for barrier removal. Currently, the City has until January 20& to complete this element. On October 7, 2003, the City issued a Request for Qualifications (RFQ) for ADA Transition Plan Consultant Services. Eight (8) proposals were received on October 27th. A Selection Committee appointed by the City Manager was convened following the Consultants Competitive Negotiations Act (CCNA) procedures under Florida Statues 287.055. Three (3) firms have been short-listed, interviewed and ranked based on their qualifications. It is recommended that the City Commission authorize the City manager to negotiate and execute a phased Professional Services Agreement with the highest ranked firm,A c a i Associates,. Inc.* Based on the costs incurred by cities of a comparable size to that of Miami, it is estimated that an ADA Transition Plan may cost in excess of $500,000. The final cost of the Transition Plan will largely be determined by the scope of work negotiated and the extent of the compliance problems identified. As time is of the essence, due to the requirements of the settlement agreement, it is recommended that the City Manager be authorized to negotiate a fee and execute a Professional Services Agreement, in an amount not to exceed $80,000, for the city park element of an ADA Transition Plan. The administration will seek City Commission approval prior to proceeding with other portions of the ADA Transition Plan. FUNDING/FISCAL IMPACT The costs associated with removal of barriers identified in a Transition Plan will, to the maximum extent possible, be incorporated into the future CIP parks projects funded with Safe Neighborhood Parks Bond and Homeland Defense/Neighborhood Improvement Bond proceeds. Funding for the ADA Transition Plan services is available under CIP Project No. 331419, "Citywide Neighborhood Park Improvements." The city parks element of the Transition Plan will not have a direct fiscal impact on the City budget. JA:ACS:JCC;PiIP:jv *Should negotiations fail with the top ranked firm, then negotiate with Rodriguez Architects,the second ranked firm, should negotiations fail with the second -ranked firm, to negotiate with ADAAG Consulting Services, LLC (ACS), the third -ranked firm until an agreement is negotiated.