AGENDA REQUEST AGENDA HEADING: COMMISSION MEETING DATE: AGENDA ITEM NO:

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1 AGENDA HEADING: Consent Agenda No. 2 AGENDA REQUEST COMMISSION MEETING DATE: February 5, 2018 AGENDA ITEM NO: IV.B. BY Financial Administration Kelly Strickland Financial Administration Director Strickland Originating Department SUBJECT: Department Head Presenter Adoption Re: Proposed Resolution No. 18R-2704 will modify the original approved budget for fiscal year COMMISSION PRIORITIES: Budget and Finance EXPLANATION: Proposed Resolution No. 18R-2704, amending the fiscal year budget to use $4,600 of Handicap Parking Fine Fund fund balance for the ADA Symposium approved by the Sarasota City Commission at the City Commission Meeting on December 4, 2017; as enumerated in Exhibit A and he appropriate supporting documents. ADMINISTRATION'S RECOMMENDATION: Recommend motion to adopt proposed Resolution NO. 18R APPROVAL SUMMARY: Approval Department Head Approval Deputy City Manager Approval City Manager Approval City Auditor and Clerk Approval Required Date Completed Y 01/30/2018 Y 01/30/2018 Y 01/30/2018 Y 01/30/2018 Completed By David Flatt John Lege John Lege Pamela Nadalini Status APPROVED APPROVED APPROVED APPROVED

2 ADDITIONAL EXPLANATION: AGENDA REQUEST ADDITIONAL ADMIN RECOMMENDATION: FUNDING SOURCE: AMOUNT: HOUSING IMPACT (Per House): NEW CONSTRUCTION: REHABILITATION: $ 0 $ 0 SUPPORT DEPARTMENTS: Human Resources - Stacie Mason COMMISSION ACTION: Final Action Motion: Motion By: AGENDA DISPOSITION Second By: Vote: 2

3 RESOLUTION NO. 18R-2704 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SARASOTA, FLORIDA AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2017 BY PROVIDING FOR SUPPLEMENTAL APPROPRIATIONS IN THE AMOUNTS IDENTIFIED IN EXHIBIT A; PROVIDING FOR SEVERABILITY IF ANY OF THE PARTS HEREOF ARE DECLARED INVALID; PROVIDING FOR READING BY TITLE ONLY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Resolution No. 17R-2659 the City has adopted a budget for the fiscal year beginning on October 1, 2017 and ending on September 30, 2018; and WHEREAS, the City needs to amend said budget so as to provide for supplemental appropriations in the amounts identified in Exhibit A; and WHEREAS, Section (4) ( Florida Statutes requires such a budget amendment be adopted in the same manner as the original budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SARASOTA, FLORIDA: Section The budget for the fiscal year commencing October 1, 2017 is hereby amended by providing for supplemental appropriations in the amounts identified in Exhibit A. Section Should any section, sentence, clause, part or provision of this Resolution be declared invalid or unenforceable, by a court of competent jurisdiction, the same shall not affect the validity of this Resolution as a whole, or any part hereof other than the part declared to be invalid. Said provision declared to be invalid shall be deemed severed from the remaining provisions of this Resolution. Section 3. Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. 1 of 10

4 Section 4. This Resolution shall take effect immediately upon adoption. ADOPTED by the City Commission of the City of Sarasota, upon reading by title only, after posting on the bulletin board at City Hall for at least three days prior to adoption, as provided by Article IV, Section 2 of the Charter of the City of Sarasota, this 5th day of February, Mayor Shelli Freeland Eddie ATTEST: Pamela M. Nadalini, MBA, CMC City Auditor and Clerk Mayor Eddie Vice Mayor Alpert Commissioner Shaw Commissioner Brody Commissioner Ahearn-Koch 2 of 10

5 EXHIBIT A City of Sarasota Budget Amendments for Back-up Appropriated Appropriated Use of # FND DPT CC OBJECT PROJ Project Description Expense Revenue Fund Balance Handicap Parking Fines 2/ Establish expense budget for ADA Symposium 4,600 Use of Fund Balance (4,600) 3 of 10

6 Interoffice Memorandum Date: January 18, 2018 To: Kelly Strickland, Director of Finance From: Stacie Mason, Director of Human Resour.- Subject: Budget Amendment for ADA Symposium Please accept tbi,s memorandum as a request to appropriate funds ftom the Handicap Parking Fine Fund for the use the City's inaugural ADA Symposium to be held on January 23, This funding request follows the approval of this program and associated funding by the City Commission at the regular City Commission Meeting on December 4, The agenda back up material that was presented during the December 4, 2017, regular City Commission meeting is attached for reference. This request will fund the cost of the presenters along with any material costs for the symposium. Thank you. Description CharJte Code ADA Symposium-Facilitators & Material costs 2/5-01(1 of 7) Amount $4, of 10

7 ADA Symposium - City of Sarasota January 23, 2018 Robert L. Taylor Community Complex ADA Course Syllabus I. Americans With Disabilities Act (ADA) Overview A. 50 Minutes History of the ADA Passed by Congress in 1990 The first US civil rights law addressing the needs of people with disabilities Title I of the ADA covers employment discrimination Prohibits discrimination in employment, public services, public accommodations, and telecommunications Equal Employment Opportunity Commission (EEOC) given enforcement authority for Title I of the act. Title I of the ADA did not take effect for two years Commission was developing regulations and technical assistance Commission was working on comprehensive public education programs on the new disability law Commission was allowing time for employers to adjust to the new requirements B. ADA Federal Standards 2010 ADA Standards for Accessible Design 2010 Standards for State and Local Government Facilities (Title Il) Applies to all new construction or altered facilities Took effect for construction started on or after March 15, 2012 Prior construction must meet 1991 standards 2010 Standards for Public Accommodations and Commercial Facilities (Title Ill) Applies to all new construction or altered facilities Took effect for building permit applications on or after March 15, 2012 Prior construction must meet 1991 standards Page 1 of6 2/5-01(2 of 7) 5 of 10

8 ADA Symposium - City of Sarasota January 23, 2018 Robert L. Taylor Community Complex ADA State of Florida Standards 2012 Florida Accessibility Code for Building Construction Based on ADA 2010 Standards for Accessible Design Enforced by local governments Supersedes county or municipal ordinances Prior construction must meet 1991 standards (4) Established by Florida law (FS ) Establishes Standards for Accessibility for Individual with Disabilities Applies to all new or altered public buildings and facilities Applies to private buildings and facilities Applies to places of public accommodation and commercial facilities Florida ADA standards are more restrictive Florida has seven standards that the federal ADA does not Why Are There Still Lawsuits After 25 Years of the ADA 50 Minutes A. Title II Oversights No ADA accessibility inspector in construction plans review No ADA facility inspection prior to completion of the project 3. Top missed elements Parking standards Reach limits Bathroom (toilet) guidelines d) Proper restaurant seating Ramps e) 4. Landlords are liable for compliance Tenants are not liable Landlords must check compliance of tenants B. Accessibility Claims Are Attractive No EEOC pre-lawsuit process as in Title I Public accommodation requirements do not require proof of intent to discriminate 3. Access guidelines are highly detailed and liability can be based on a relatively minor technical violation C. II. Page 2 of6 2/5-01(3 of 7) 6 of 10

9 ADA Symposium - City of Sarasota January 23, 2018 Robert L. Taylor Community Complex ill. IV. Website Lawsuits 50 Minutes Increased ADA Title ill lawsuits Blind plaintiffs argue about the accessibility of a public accommodation's website 751 website accessibility lawsuits filed in federal court since the beginning of 2015 Website Lawsuits by Industry Retail has almost 50% of website lawsuits Restaurants make up approximately 25% Hospitality, medical, and financial websites are also popular targets d) Could happen with any industry 3. Florida Website Lawsuits Florida has highest number of website lawsuits since August total website lawsuits since that date 4. Lawsuit Examples Gorecki v. Winn Dixie Judge ruled that Winn Dixie had violated Title III of the ADA by having a website that could not be used by the blind plaintiff Gomez v. Domino's Pizza Judge rules that Dominos had met its obligations under the law by providing telephonic access, and that requiring Dominos to have an accessible website at this time would violate its constitutional right to due process Blick v. Hobby Lobby Judge John Walter in the Hobby Lobby case rejected the due process argument and held that the "primary jurisdiction" doctrine did not apply Judge Walter reserved judgment on what Hobby Lobby would have to do to make its website accessible Case is pending Service Animals and the ADA 50 Minutes A. Functions of a Service Animal A service animal is any guide dog, signal dog, or other animal individually trained to aid an individual with a disability. Page 3 of6 2/5-01(4 of 7) 7 of 10

10 ADA Symposium - City of Sarasota January 23, 2018 Robert L. Taylor Community Complex V. If they meet this definition, animals are considered service animals under the ADA regardless of whether they have been licensed or certified by a state or local government. Service animals perform some of the functions and tasks that the individual with a disability cannot perform for him or herself Alerting persons with hearing impairments to sounds Assisting persons with mobility impairments with balance Pulling wheelchairs or carrying and picking up things for persons with mobility impairments B. Service Animals and Access to Businesses According to the ADA The service animal must be permitted to accompany the individual with a disability to all areas of the facility where customers are normally allowed to go. An individual with a service animal may not be segregated from other customers 3. The ADA modification to a "no pets" policy to allow the use of a service animal by a person with a disability 4. Exclusions Any animal, including a service animal, that exhibits behavior that poses a direct threat to the health or safety of others may be excluded Any service animal that is out of control may be excluded Best Practices for the ADA 50 Minutes A. Building Project Management "Accessible Path of Travel" drawings in program analysis A page of accessible design details for typical accessible elements in any project A list of common errors (making it clear they will not be tolerated in design or construction). Tools Contractors should be required to use the most current technology IE: A "Smart Level" (an electronic tool that reads in degrees, percent slope, and pitch), so there will be clear tolerances for slope and cross slope-standard construction tolerances will not apply. Door pressure guage Page 4 of6 2/5-01(5 of 7) 8 of 10

11 ADA Symposium - City of Sarasota January 23, 2018 Robert L. Taylor Community Complex ( Doors should have no more than five pounds of pressure Accessibility Checks Make use of custodial and security personnel Have them test automatic door openers on a weekly basis to ensure good working order Have them check for (and report on) pooling water at accessible parking spaces and along accessible paths Have them test and adjust door pressure and report interior doors that require more than five pounds of force ADA Priorities Parking Parking space 12' wide 5' minimum access aisle Single space access aisle on either side (4) Angled space access aisle on passenger side Getting in to Buildings 36" wide for clear route An accommodation is acceptable if a barrier cannot be removed Correct Bathroom Standards Must have insulated pipes under sink 60" sidewalks to sink d) Toilets The top of the toilet bowl, with the toilet seat attached, must be between 17" - 19" The ADA specifies that there should be a gap of at least 9" beneath an element, such as a toilet, and the floor. The gap should extend at least 25" in depth. Flush controls need to stand no higher than 44" from the mounting surface and must be activated with less than 5 lbs of force and without twisting or straining your wrists Page5of6 2/5-01(6 of 7) 9 of 10

12 ADA Symposium - City of Sarasota January 23, 2018 Robert L. Taylor Community Complex Course Title: ADA 101 Target Audience: Building Inspector's, Code Compliance Inspector's, Planners, Building Officials, Architects Course Objective and Goals: This course is designed to give professionals an overview of the Americans With Disabilities Act (ADA) including the history of the ADA, federal and state accessibility standards, reasons for ADA lawsuits, ADA standards for service animals, and best practices for ADA compliance. Evaluation Method: All participants will receive a written evaluation to be completed and returned at the completion of the course. Page6 of6 2/5-01(7 of 7) 10 of 10