Item C12BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: OCTOBER 15, 2003 DIVISION: COMMUNITY SERVICES
BULK ITEM: YES DEPARTMENT: COMMUNITY SERVICES/FKCFPWD
AGENDA ITEM WORDING: Approval to waive purchasing policy and approval for the Monroe County, Florida Keys
Council for People with Disabilities (FKCFPWD) Contract for an ADA Seminar on November 17, 2003, to be held at the
Harvey Government Center with ADAhelp, Inc. at a cost $8,000.
ITEM BACKGROUND: The FKCFPWD Council members, by unanimous vote, requested outside ADA consulting
services to be used by the Disability Council to better educate the Council Board and public, and to promote ADA
awareness and ADA regulations compliance in Monroe County. Two responses were received from requests for quotes
for ADA consulting services. ADAhelp, Inc. was selected by the Disability Council to present the ADA Seminar for 140
people at no cost to the participants.
PREVIOUS RELEVANT BOCC ACTION: 5/21/03 — Approval of a request to use $10,000 from the FKCFPWD fund for
Handicapped Parking Fines (Fines & Forfeiture Funds) for ADA Education and Awareness programs in Monroe County
and approval to use ADA Consultants (ADAhelp, Inc. and Brennen Consulting, Inc.) to assist the FKCFPWD Council in
educating the County on ADA regulations and requirements.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION: Approval
TOTAL COST: $8,000 BUDGETED:
COST TO COUNTY: $8,000 SOURCE OF FUNDS: Fund 158 Misc.Special Revenue Fund
(Handicapped Parking Violations Fund)
REVENUE PRODUCING: N/A AMOUNT PER MONTH NEAR:
APPROVED BY: County Attorney XXX OMB/Purchasing XXX Risk Management XXX
DIVISION DIRECTOR APPROVAL
JA ES E. MALLOCH, Division Director
DOCUMENTATION: Included XXX To Follow Not Required XXX
AGENDA ITEM #/�.
DISPOSITION:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: ADAhelp, Inc.
Contract #
Effective Date:
Expiration Date:
Contract Purpose/Description:
Agreement with ADAheI , Inc. to conduct an ADA Seminar on November 17, 2003.
Contract Manager: Jim Malloch
4500 Community Services / #1
(Name)
(Ext.) (Department/Stop #)
for BOCC meeting on 10/15/03
Agenda Deadline: 9/30/03
CONTRACT COSTS
Total Dollar Value of Contract: $ 8,000 Current Year Portiwi:,$
Budgeted? Yes® No ❑ Account Codes: 158-04558-530 �u
Grant: $ N/A - - -
County Match: $ N/A - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (eg. maintenance
CONTRACT REVIEW
salaries, etc.
Changes Date Out
Date In Needed Reviewer
Division Director �7�j� Yes❑ No
[9
Risk Management / �2��v3 Yes❑ Nola� 2ao3
O.M.B./Purchasing YesZ"No❑
County Attorney 03 Yes❑ No[o _ Ck as o
,Q--,,, _ , . n 'A
0
OMB Form Revised 2/27/01 MCP #2
AGREEMENT
ADAhelp, Inc.
THIS AGREEMENT is entered into this day of . 2003, by and between
Monroe County (hereinafter County), political subdivision of the State of Florida, and ADAhelp, Inc.,
a Florida corporation located at 6103 Umbrella Tree Lane, Tamarack, FL 33319.
WHEREAS, Fla. Stat. Sec. 316.008(4) and Monroe County Code Sec. 11-2(2) authorize a
portion of funds derived from fines for illegally parking in handicapped parking spaces to be used for
improving accessibility and equal opportunity and to conduct public awareness programs concerning
physically disabled persons; and
WHEREAS, ADAhelp, Inc. has the ability to deliver seminars on the duties of private and
governmental entities with respect to accommodating individuals with disabilities; and
WHEREAS, the County desires to provide education to the public, particularly businesses and
governmental entities, with respect to their obligations for providing accommodations to individuals
with disabilities; now, therefore
IN CONSIDERATION of the following promises, the parties do agree as follows:
1. ADAhelp, Inc. shall produce, on November 17, 2003, in the City of Key West, Florida,
a seminar addressing the duties of private and governmental entities to provide accommodations to
individuals with disabilities. Said seminar shall be held from 9 AM to 1 PM and shall encompass the
topics included in the agenda attached hereto as Exhibit A. ADAhelp, Inc. shall apply for permission
to issue continuing education credits for the professions of law and architecture.
2. The County shall make arrangements for the venue where the seminar is to be held
and shall provide notice to business and governmental entities throughout the County as to the
availability of the seminar. The County shall also make the arrangements for attendance by an
audience not to exceed 140.
3. The County shall pay ADAhelp, Inc. the amount of $8,000 for the production of the
seminar. ADAhelp, Inc. shall submit to County an invoice with supporting documentation acceptable
to the Clerk of the County to support and verify complete performance.
4. The contract has no value or benefit to the County if not satisfactorily completed. If
ADAhelp, Inc.'s failure to perform the seminar in full is due to the occurrence of any contingency
beyond its control, including strike, war or act of war whether an actual declaration thereof is made
or not, insurrection, sabotage, riot or civil commotion, epidemic, quarantine restriction, accident,
pre, storm, or other act of God, act of any governmental authority, jurisdictional action or
insufficient supply of fuel, electricity, or technical failure where ADAhelp, Inc. has exercised
reasonable care in the prevention thereof, ADAhelp, Inc. must furnish evidence of the causes of the
failure to product the seminar and evidence of efforts to substitute dates for canceled segments.
Should any segments of the entire seminar be canceled through no fault of ADAhelp, Inc., County
shall pay only for such portion of the seminar as is evidenced by documentation to have been
completed. Should ADAhelp, Inc. fail to complete the seminar due solely to its own acts or
omissions, County shall be released from the obligation for any payment to ADAhelp, Inc..
5. ADAhelp, Inc. shall not assign, transfer, convey, sublet or otherwise dispose of this
Agreement or any or all of its right, title or interest therein or its power to execute such agreement
to any person, company or corporation without prior consent of the County.
6. ADAhelp, Inc. covenants and agrees to indemnify and hold harmless Monroe County
Board of County Commissioners for any and all claims for bodily injury (including death), personal
injury, and property damage (including property owned by Monroe County) and any other losses,
damages and expenses (including attorneys' fees) which arise out of, in connection with, or by
reason of the services provided by ADAhelp, Inc..
7. ADAhelp, Inc. shall maintain records regarding this agreement pursuant to generally
accepted accounting principles for four years after the seminar and shall permit County and its
agents and representatives access to said records at reasonable times during regular business
hours. Regular business hours shall be Monday through Friday from 8:30 AM to 5:00 PM.
8. ADAhelp, Inc. is an independent contractor and shall disclose any potential conflicts of
interest as defined by Fla. Stat. Chap 112, and Monroe County Code, Art. XXI. ADAhelp, Inc.
warrants that it has not employed, retained, or otherwise had act on its behalf any former County
officer or employee in violation of Sec. 2 of Ordinance No. 10-1990, or any County officer or
employee in violation of Sec. 3 of Ordinance No. 10-1990. For breach or violation of this provision,
the County may, at its discretion, terminate this agreement without liability and may also, at its
discretion, deduct from the agreement or purchase price, or otherwise recover, the full amount of
any fee, commission, percentage, gift, or consideration paid to the former or present County office
or employee.
9. A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids n leases of real
property to public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or Contractor under a contract with any public entity, and may not transact business
with any public entity in excess of the threshold amount provided in Sec. 287.017, for Category Two
for a period of 36 months from the date of being placed on the convicted vendor list. If the
Contractor is on the convicted vendor list, then this Contract is void ab initio with the County under
no obligation to pay the Contractor any compensation or damages under any legal theory
whatsoever.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year
first above written.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
By
Deputy Clerk
(SEAL)
ATTEST:
By
Title
jconADA
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor/Chairperson
ADAhelp, Inc.
Bv
MONROE COUNTY ATTORNEY
ROVED AST `
SUZAN^!t A. 1.1'Tr id
A SISTANT uNT f *t?i, �Y
Date— Y 3 --
Exhb� A
AGENDA FOR SEMINAR
THE DUTIES OF PRIVATE AND GOVERNMENTAL ENTITIES TO PROVIDE
ACCOMMODATIONS TO INDIVIDUALS WITH DISABILITIES
Key West, Florida - November 17, 2003
I. The Americans with Disabilities Act - the Statute and Regulations - Donald J. Spero
- 9:00 a.m. to 10:00 a.m.
A. Title III
1. What is required?
2. What Entities are covered?
3. Which Individuals are protected?
4. Existing Facilities - What is Readily Achievable
5. New Construction
6. Enforcement
7. Relationship to Section 504 of the Rehabilitation Act
B. The Regulations
C. Where does Title II Come into Play?
II. Identifying and Making the Most Frequently Needed Accommodations -Expert
Inspection of the Premises -Bill Norkunas 10:00 am to 10:45 am.
A. Ingress and Egress
B. Grade
C. Accessible Parking
D. Accessible Restrooms
E. Accessible Counters in Retail and Similar Establishments
F. Accessible Telephones
G. Accommodating the Hearing Impaired
H. Objects That Protrude From walls
I. Signs
J. Theaters and Other Places of Assembly
F. Doctors Offices and Other Medical Facilities
G. Retail Stores
H. Hotels
I. Cruise Ships
Coffee Break 10:45 a.m. to 11:00 a.m.
III. Achieving Compliance with Title II in Public Facilities - John Smith - 11:00 a.m. to
12:00 pm.
A. Public Buildings
B. Stadiums, Auditoriums, and Other Places of Public Assembly
C. Streets and Sidewalks
E. Jails
F. Potential Liability for Personal Injuries
G. Public Parks and Zoos
H. Marinas
Page 2
IV. The Role of the Architect in Assuring Compliance with the ADA- Adolfo Cotilla -
12:00 p.m. to 1:00 p.m.
A Designing a Compliant New Facility
B. Compliance When a Covered Property is altered
B. Determining what is Structurally Impractical within the Meaning of the ADA
C. Determining what is Readily Achievable within the Meaning of the ADA
D. Achieving Compliance with the ADA within Budget Constraints
Presenters
Bill Norkunas is familiar with all aspects of the Americans with Disabilities Act
(the "ADA") and has been involved in ADA compliance projects relating to Ho-
tels, Motels, Restaurants, Theaters, Convention Centers as well as city, county
and state government ADA accessibility and compliance studies since 1990.
Bill has developed ADA audits for historic landmarks such as The Alamo in San
Antonio and the Plymouth Rock Plantation in Massachusetts; he has conducted
in excess of 3,000 ADA compliance surveys/audits across the United States, is
certified as an expert in two Federal Circuits and has served as an expert in
more than 900 Title III & Title II cases; He has worked with congressional
staffers and committees in developing the framework for the ADA, i.e. the
Committee on Education and Labor, the Committee on the Judiciary, the
Committee on Public Works and Transportation, and the Committee on Energy
and Commerce. Bill currently serves as the ADA consultant to Martin County,
Okeechobee County, Monroe County, and Broward County.
John Smith, Chief Building Official of the City of Fort Lauderdale. Mr. Smith
has more than 23 years experience in managing the building requirements of
public entities.
Adolfo J. Cotilla, President of ACAI Associates, an architectural firm in Fort
Lauderdale, Florida. Mr. Cotilla is a Florida licensed architect who has in depth
experience in the compliance/design requirements of the ADA. Mr. Cotilla has
over 24-years of diverse experience in the field of Architecture and has been
consulting, designing and delivering projects since 1979. Mr. Cotilla is respon-
sible for the firm's delivery of professional services to its clients in the fields of
Planning, ADA Compliance, Programming and Architecture and is a member of
the AIA, RCI, NRCA and the National Trust for Historic Preservation. Mr. Cotilla
has been involved in numerous ADA Compliance Projects for both private and
public sector clients including the South Florida Water Management District,
the Palm Beach County School District, the School Board of Broward County,
Palm Beach Community College, Broward Community College Central Campus,
954-484-7149 Fax: 954-484-3539 www.adahelp.com 1-888-323-2005
6103 Umbrella Tree Lane, Tamarac, FL 33319
Page 3
Nova Southeastern University and the Miami Gardens Office Center.
Donald J. Spero is a member of the bars of the states of Florida and Illinois
and a Florida Supreme Court Certified Circuit Civil Mediator. He is a Florida
Bar Board Certified Labor and Employment Lawyer and a Fellow of The College
of Labor and Employment Lawyers. Mr. Spero has written articles on the ADA
(see Burdens of Proof of Reasonableness and Undue Hardship Under Titles I, II
and III of the Americans With Disabilities Act published in the January and
February issues of The Florida Bar Journal.) He frequently applies his exper-
tise in the ADA to serving as a mediator in cases brought under Titles II and
III of the ADA.
954-484-7149 Fax: 954-484-3539 www.adahelp.com 1-888-323-2005
6103 Umbrella Tree Lane, Tamarac, FL 33319