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I tried to participate in today's CODI meeting, by phone. Unfortunately, the ADA Coordinator's office and the County Attorney's Office set up a phone system arguably designed to fail.
The phone buzzed. And buzzed. And then I could hear only every other word. I tried three times, and then they didn't even call me back.
No testing beforehand. No technical assistance to fix the problem in a timely manner. And, possibly, more evidence of an ongoing attempt by the County Attorney's office to retaliate against me, in violation of title II of the ADA, for the advocacy work I have been doing on behalf of people with disabilities.
There's a backstory to this. Here it is:
I have been engaging in training people with disabilities about their rights, and trying to educate County officials about their obligations under the ADA and under Section 504 of the Rehabilitation Act. I've met resistance from County Administrators every step of the way. And, thankfully, support from the County Commissioners and their staffs, and from my former colleagues in the Civil Rights Division of the Justice Department.
I told the Director of Emergency Management that the County and the Red Cross (with whom the County partners) were in violation of federal civil rights laws, by failing to offer people in wheelchairs accessible beds and transfer assistance in Red Cross shelters and County Special Needs shelters. I showed the Settlement Agreements from the Justice Department, directly on point. I showed them technical assistance, directly on point. For four years, they refused to fix it. After the new Administration took office, and after I served on President Obama's Disability Policy Committee during the campaign, they got beds, and offered transfer assistance. Now, they refuse to meet.
They offer deaf and hard of hearing evacuees volunteer interpreters, and then refuse to tell us anything about them, or about how well they know sign language.
As we enter another hurricane season, I again asked for a meeting. Mr. Sommerhoff, the Director of Emergency Management, refuses to meet. I asked for a meeting with the Director of the local chapter of the Red Cross. He refused as well, and today, I got an email from National Red Cross - from the General Counsel's Office. Here's what they had to say about my concerns:
"I’m writing in response to your recent e-mails to Sam Tidwell regarding Red Cross services for people with disabilities in disaster shelters. Some of your e-mails and recent blog posts have been quite hostile and contained allegations of legal violations...I understand you have requested a meeting with the Red Cross’s Miami-Dade chapter, and we respectfully decline."
No response to the concerns. No information for the disability community. No offer to address the allegations. Just "we respectfully decline."
I said that since CODI was established to advise the County Commissioners, people with disabilities should be given every opportunity possible to participate. I said that the public should be allowed to participate by phone.
I asked to participate in the CODI meeting by phone last month -- they allowed it.
I wanted other members of the public to participate by phone as well, not just me. On this Blog, I posted the following:
"I appreciate the courtesy, but I recommend that in the future, the county provide a call-in number to allow the public to call in to a conference call number and that members of the public who are deaf or hard of hearing be allowed to participate through accessible services such as CART."
Apparently, that request was the kiss of death. They said the County Attorney's Office would not allow any more participation by phone, by anyone, including (especially?) me. They wrote:
"Assistant County Attorney Shanika Graves spoke with me subsequent to last week’s CODI meeting. She said that we cannot allow the general public to phone in to CODI meetings. To continue to do so would mean we are denying access to persons with speech and hearing disabilities. We will be exploring possible ways to provide access in the future."
Really? I pointed out that the Governor's Commission on Disability Issues allows participation by phone, and provides CART services as well. I pointed out that the statewide DCF Advisory Committee serving to advise the U.S. Department of Health and Human Services about the recent Settlement Agreement concerning deaf and hard of hearing clients (where I serve as Vice-Chair) allows participation by phone, and offers CART. Of course it can be done. I was surprised that the County's Office on ADA Coordination had no idea how to do it.
I suggested they contact the Governor's Commission, and the DCF Advisory Committee. They still said no.
Then, I told them I have a disability. I asked them to comply with title II of the ADA by making a reasonable modification of policy and allowing me to attend by phone, rather than requiring me to drive five hours from Key West and stay in a hotel in order to attend the CODI meeting. They said no.
I asked why.
Assistant County Attorney Shanika Graves wrote:
"Your request for a modification, to be permitted to participate in the next CODI meeting by calling in, was denied because allowing the public to participate in such a manner would fundamentally alter the nature of the activity."
Really? A fundamental alteration? Allowing a person with a disability to participate in a CODI meeting by phone would be a fundamental alteration? Do people at the County Attorney's Office get any training at all in the ADA? Do they ever do any research? Are they just guessing at this?
I wrote back, and courtesy copied the Civil Rights Division of the Justice Department, where I had served as a Senior Trial Attorney for over 12 years. I wrote:
"I think it would benefit the community to allow as much participation as possible. Requiring people with disabilities to attend in person is discriminatory, and violates federal civil rights laws. Federal law mandates that the County make a reasonable modification of policy, unless the modification sought can be shown to be a fundamental alteration or a financial or administrative burden. See http://www.ada.gov/reg2.html."
"I am shocked and disappointed that an attorney for the County could assert that allowing people with disabilities to participate in public meetings, particularly public meetings of a County Commission specifically set up to receive input from members of the disability community, is a fundamental alteration under title II of the ADA.... How could allowing people with disabilities to participate by phone be a fundamental alteration? How could enhancing the independence of people with disabilities be a fundamental alteration? I suggest that denying people with disabilities the opportunity to participate would fundamentally alter the purpose of CODI."
"I am asking the Chair of CODI to request assistance from the County Commissioners, as I believe that your decision is violative of title II, and is motivated by animus towards me, and constitutes continuing unlawful retaliation, in violation of title II of the ADA and in violation of Section 504 of the Rehabilitation Act. Your decision puts the County’s continuation of federal financial assistance at risk....Your position is not only unlawful, it is insulting. Please reconsider, and send out the call-in number."
Assistant County Attorney Graves responded:
"Please be advised I misspoke in my previous email concerning your request being a fundamental alteration. However, your request has been deemed to be unreasonable and is, therefore, denied...."
Misspoke? "Deemed to be unreasonable"? All I asked for was the ability to call in instead of traveling 10 hours roundtrip with a disability that inhibits extensive driving. What's unreasonable about that?
So, I wrote back, and asked for help from the Justice Department, County Commissioners, and the Chair of CODI. And got it. I told Ms. Graves that she should change her position and allow me, and others, to attend by phone. What's the hardship? Why not seek more participation? What is the County Attorney's Office afraid of? Participatory democracy?
Last night, at 5:30 p.m., Assistant County Attorney Graves wrote back:
"After further consideration, your request for a modification is granted. Please note you will be subject to the same rules of procedure as participants that are physically present. We ask that you do not speak out of turn and only speak when members of the public are permitted to do so. Failure to comply will result in termination of the telephone call. This is analogous to a person being asked to leave the meeting for not obeying the rules. It maybe helpful for you to keep your telephone on mute until it is time for public participation."
She actually admonished me to behave, and threatened that they would terminate the call. Rather insulting, don't you think?
I was not given a number to call, nor was any other member of the public. Instead, at the beginning of the meeting, I was called by Ilene Hyams of the Office on ADA Coordination. The call quality was terrible. There was no prior testing, and when I explained that there was a constant loud buzzing, and that I could not hear what was going on, I was told that there were no technicians available. I had them call me back three times, with no improvement. Eventually, they just decided not to call me back anymore, and I was unable to participate. I believe this was one more example of retaliation against me for my advocacy and educational efforts. Or would they prefer a different explanation for not being able to set up a simple phone call?
I continue to believe that participation in CODI should be open to everyone. The meetings are held in the middle of the day, once a month, from 1:30 pm until 4 pm. This is a large county, with thousands and thousands of people with disabilities, and many family members of people with disabilities, and many advocates. Their opinions are valuable, and should be sought.
Participation should be encouraged, not artificially and intentionally stifled. The County Attorney's office has no legal basis for denying participation. They shouldn't be allowed to.
What do you think?
Marc
mdubin@pobox.com
PLEASE JOIN THE CODI WATCH LISTSERV. WRITE TO MDUBIN@POBOX.COM TO JOIN.
Wednesday, May 26, 2010
Wednesday, April 28, 2010
CODI Meeting -- Weds. 4/16/10 - Report & Observations
I was unable to attend in person, and the county agreed to call me to let me participate by phone. Rather than giving out a number for the public to call, however, they decided to call me instead.
I appreciate the courtesy, but I recommend that in the future, the county provide a call-in number to allow the public to call in to a conference call number and that members of the public who are deaf or hard of hearing be allowed to participate through accessible services such as CART.
CODI discussed past efforts to address the problem of cab drivers refusing to take passengers with service dogs. CODI wrote to Consumer Services recommending actions to be taken. I note two concerns -- why no automatic referrals by Consumer Services to the Justice Department for possible federal enforcement, and why are no steps taken to provide education to cab drivers about service animals? I also note that the state of Florida has a criminal statute that prohibits denial of service to a person with a disability because of their service dog. Why is there no coordination? Should Consumer Services refer these to the local police department? Are police departments in Miami-Dade County getting reports of these violations?
Concerns about Transit issues were discussed. However, No one from the Miami-Dade Transit Department showed up for today's CODI meeting.
For the first time, CODI heard that testing of the Transit System will begin in May, and that a private company will test the County's buses and how services are provided to riders with disabilities.
Concerns:
The tests are limited to buses -- the rail system is not being tested.
Paratransit is not being tested.
Services to riders with service animals are not being tested.
Services to riders with cognitive disabilities are not being tested.
CODI has invited Mr. Kapoor and his staff to appear at the next CODI meeting as well as the new company that has been hired to do the testing. Guess we'll see if he shows up or claims to be too busy.
Why was CODI kept in the dark about this contract?
Why does Mr. Kapoor's Office continue to keep the disability community uninformed? What else is his department keeping from CODI?
Why does Mr. Kapoor's Office continue to keep the County Commissioners in the dark about services to people with disabilities?
What can be done to prevent this from continuing to happen?
Why was the Paratransit system not included in the contract? If Paratransit is forced to remain under the jurisdiction of Transit, why was it excluded from the testing?
Shouldn't Paratransit, the system that is designed to serve riders with disabilities, have the same attention given to it as the bus system? Why was it ignored when the contract was entered into? is this just another example of Mr. Kapoor's office focusing on buses, and ignoring Paratransit?
CODI also discussed events that were approved by the County's Parks Department that are inaccessible. Speaker after speaker told of events that users in wheelchairs could not access. Members of the public asked: "Why isn't the ADA Coordinator staying on top of this? Why are permits being issued, and why are inaccessible events being allowed to occur?"
CODI has asked the ADA Coordinator's Office of the County, and the ADA Coordinator's Office of the Parks Department, to appear at the next CODI meeting and explain the status of the Parks Department's Transition Plan, and explain why permits are issued for inaccessible events. In addition, CODI invited the County Attorney's office to appear to inform CODI about pending and past ADA lawsuits against the Parks Department.
The ADA Coordinator's Office presented about a report about parking. Their office will provide the public with a copy, upon request. They will also provide members of the public with a printed copy, with only one copy given to each person who requests it.
The ADA Coordinator's Office asserts that the document should not be available to the general public. They assert that doing so will cause them to receive a "flood of comments". Here's their position: "The report is not currently available on the Web. ... We are currently in the process of soliciting input on the report from specific stakeholders. We are not yet at the point of soliciting input from the general public."
They are asserting that they are not equipped to handle a large volume of public comments. In my view, given the volume of interest this topic may generate, this position may be reasonable. If, however, you want a copy, and want to comment, just let CODI know. .
CODI's Chair recommended that CODI schedule a Special Meeting on this, have a short presentation, and then allow testimony from the public to be taken. I think that's a great idea. Everyone planning to participate should ask for a copy of the report. CODI's Access Committee will take the lead on this. Write to CODIchair@pobox.com. The Committees are open to the public. If you want to join a CODI Committee, write to CODIchair@pobox.com or write to the CODI representative of your choice. Here is their contact information:
Commissioner Barreiro, District 5
Jose (Ernie) Martinez - Chairperson
miamimartinez@gmail.com
CODIChair@pobox.com
305-776-5573
Commissioner Jordan, District1
John Miller
johnlml@earthlink.net
786-390-3614
Commissioner Rolle, District 2
Dr. Manoel Oliveira
oliveira@fiu.edu
305-348-6259
Commissioner Edmonson, District 3
Jose Granda
joseg@acdterps.com
Commissioner Heyman, District 4
Sandra Hix
sandhix77@hotmail.com
305-221-2980
Commissioner Sosa, District 6
Vacant
Commissioner Gimenez District 7
Jackson David - Second Vice Chair
Jackson@soflacil.org
305-354-4424
Commissioner Sorenson, District 8
Vacant
Commissioner Moss, District 9
Ronald Fulton - First Vice Chair
rtfulton@go.com
305-651-5155
Commissioner Souto, District 10
Dr. Sam Kohlenberg
sskohlen@bellsouth.net
305-446-7457
Commissioner Martinez, District 11
Denise Valkema - Secretary
dvalkema@bellsouth.net
305-385-7355
Commissioner Diaz, District 12
Marie Schmidt
Mschmidt3@comcast.net
305-485-4528
Commissioner Seijas, District 13
Alan Rigerman
arigerman@aol.com
305-558-1305
PLEASE JOIN THE CODI WATCH LISTSERV. WRITE TO MDUBIN@POBOX.COM TO JOIN.
I appreciate the courtesy, but I recommend that in the future, the county provide a call-in number to allow the public to call in to a conference call number and that members of the public who are deaf or hard of hearing be allowed to participate through accessible services such as CART.
CODI discussed past efforts to address the problem of cab drivers refusing to take passengers with service dogs. CODI wrote to Consumer Services recommending actions to be taken. I note two concerns -- why no automatic referrals by Consumer Services to the Justice Department for possible federal enforcement, and why are no steps taken to provide education to cab drivers about service animals? I also note that the state of Florida has a criminal statute that prohibits denial of service to a person with a disability because of their service dog. Why is there no coordination? Should Consumer Services refer these to the local police department? Are police departments in Miami-Dade County getting reports of these violations?
Concerns about Transit issues were discussed. However, No one from the Miami-Dade Transit Department showed up for today's CODI meeting.
For the first time, CODI heard that testing of the Transit System will begin in May, and that a private company will test the County's buses and how services are provided to riders with disabilities.
Concerns:
The tests are limited to buses -- the rail system is not being tested.
Paratransit is not being tested.
Services to riders with service animals are not being tested.
Services to riders with cognitive disabilities are not being tested.
CODI has invited Mr. Kapoor and his staff to appear at the next CODI meeting as well as the new company that has been hired to do the testing. Guess we'll see if he shows up or claims to be too busy.
Why was CODI kept in the dark about this contract?
Why does Mr. Kapoor's Office continue to keep the disability community uninformed? What else is his department keeping from CODI?
Why does Mr. Kapoor's Office continue to keep the County Commissioners in the dark about services to people with disabilities?
What can be done to prevent this from continuing to happen?
Why was the Paratransit system not included in the contract? If Paratransit is forced to remain under the jurisdiction of Transit, why was it excluded from the testing?
Shouldn't Paratransit, the system that is designed to serve riders with disabilities, have the same attention given to it as the bus system? Why was it ignored when the contract was entered into? is this just another example of Mr. Kapoor's office focusing on buses, and ignoring Paratransit?
CODI also discussed events that were approved by the County's Parks Department that are inaccessible. Speaker after speaker told of events that users in wheelchairs could not access. Members of the public asked: "Why isn't the ADA Coordinator staying on top of this? Why are permits being issued, and why are inaccessible events being allowed to occur?"
CODI has asked the ADA Coordinator's Office of the County, and the ADA Coordinator's Office of the Parks Department, to appear at the next CODI meeting and explain the status of the Parks Department's Transition Plan, and explain why permits are issued for inaccessible events. In addition, CODI invited the County Attorney's office to appear to inform CODI about pending and past ADA lawsuits against the Parks Department.
The ADA Coordinator's Office presented about a report about parking. Their office will provide the public with a copy, upon request. They will also provide members of the public with a printed copy, with only one copy given to each person who requests it.
The ADA Coordinator's Office asserts that the document should not be available to the general public. They assert that doing so will cause them to receive a "flood of comments". Here's their position: "The report is not currently available on the Web. ... We are currently in the process of soliciting input on the report from specific stakeholders. We are not yet at the point of soliciting input from the general public."
They are asserting that they are not equipped to handle a large volume of public comments. In my view, given the volume of interest this topic may generate, this position may be reasonable. If, however, you want a copy, and want to comment, just let CODI know. .
CODI's Chair recommended that CODI schedule a Special Meeting on this, have a short presentation, and then allow testimony from the public to be taken. I think that's a great idea. Everyone planning to participate should ask for a copy of the report. CODI's Access Committee will take the lead on this. Write to CODIchair@pobox.com. The Committees are open to the public. If you want to join a CODI Committee, write to CODIchair@pobox.com or write to the CODI representative of your choice. Here is their contact information:
Commissioner Barreiro, District 5
Jose (Ernie) Martinez - Chairperson
miamimartinez@gmail.com
CODIChair@pobox.com
305-776-5573
Commissioner Jordan, District1
John Miller
johnlml@earthlink.net
786-390-3614
Commissioner Rolle, District 2
Dr. Manoel Oliveira
oliveira@fiu.edu
305-348-6259
Commissioner Edmonson, District 3
Jose Granda
joseg@acdterps.com
Commissioner Heyman, District 4
Sandra Hix
sandhix77@hotmail.com
305-221-2980
Commissioner Sosa, District 6
Vacant
Commissioner Gimenez District 7
Jackson David - Second Vice Chair
Jackson@soflacil.org
305-354-4424
Commissioner Sorenson, District 8
Vacant
Commissioner Moss, District 9
Ronald Fulton - First Vice Chair
rtfulton@go.com
305-651-5155
Commissioner Souto, District 10
Dr. Sam Kohlenberg
sskohlen@bellsouth.net
305-446-7457
Commissioner Martinez, District 11
Denise Valkema - Secretary
dvalkema@bellsouth.net
305-385-7355
Commissioner Diaz, District 12
Marie Schmidt
Mschmidt3@comcast.net
305-485-4528
Commissioner Seijas, District 13
Alan Rigerman
arigerman@aol.com
305-558-1305
PLEASE JOIN THE CODI WATCH LISTSERV. WRITE TO MDUBIN@POBOX.COM TO JOIN.
Question - Bus route to MM 50 in Marathon
According to a posting on a Blog, "Our county (Miami-Dade) advertises that it has a bus route to MM 50 in Marathon".
The blogger alleges that "Dade-Monroe Express Bus Drivers Refuse To Stop On US 1". The blogger further alleges that: the bus operates on a "flag down" basis. In other words there are supposed to be NO designated stops. You simply walk to the curb, where the bus can pull over safely, and you get picked up. Not true."
Could CODI's Transportation Committee please look into this? Also, how does a blind rider access this?
Does Paratransit offer service to Marathon?
Thank you.
Marc
The blogger alleges that "Dade-Monroe Express Bus Drivers Refuse To Stop On US 1". The blogger further alleges that: the bus operates on a "flag down" basis. In other words there are supposed to be NO designated stops. You simply walk to the curb, where the bus can pull over safely, and you get picked up. Not true."
Could CODI's Transportation Committee please look into this? Also, how does a blind rider access this?
Does Paratransit offer service to Marathon?
Thank you.
Marc
CODI Committee Meeting – Transportation -March 22, 2010
CODI Committee Meeting – Transportation -March 22, 2010
Attendance: Horace Graham, Denise Valkema, Joe Mora, Vilma Valdes, Ernie Martinez, Ilene Hyams, Maude Gonzalez, and Marcos Ortega
Horace Graham from Miami-Dade Transit explained a letter that went out to the security companies that are used to provide security officers at the Metro-Rail reminding them that their job is one of security and not helping passengers to the rail platform and into the rail cars. There is a serious liability risk to the County if a person with a disability is escorted upstairs and into a car and when they disembark at their destination, there is no one to help them downstairs. In addition, it makes a security guard leave his post. Of course, if a guard can provide some customer service they are encouraged to do so without putting a person in jeopardy or being too far from their post so they can’t see what is happening on the ground floor. He also said that all new security guards will have ADA training and this training will be on-going. If a complaint is received and valid, the security officer will go for retraining; if another valid complaint is received that officer will be reassigned by the company to a position outside the County.
Joe Mora from Consumer Services gave the committee some background on an incident that occurred on Miami Beach. A person who is blind and uses a service animal was taped by Channel 10 trying to hail a taxi. It was reported that 15 taxis went by him. He said there was an incident at the airport where a person with a service animal was refused a ride. Not only was the driver given a citation from Consumer Service; they also received a ticket, which is a misdemeanor, from the police. Consumer Services will now notify the police when they do a citation at the airport. The misdemeanor carries a $500 fine and 60 days in jail. The Consumer Service gives civil citations which can be a $250 fine for refusal. After three refusals in a 12 month period, a driver could have their license suspended or revoked for 6 months. Consumer Service does extensive training on service animals and explains the Federal, State, and County laws pertaining to service animals, it was brought up that certain groups of people feel dog are unclean or they are afraid of large dogs. Mr. Mora reported that the Director of Consumer services is writing a letter to all the Passenger Service companies reminding them of service animal requirements. He also said that they will be doing secret shopping. Much discussion followed. It was recommended by the committee to ask the County to increase the dollar fine and to have the first offense carry a suspension. Discussion was: 1st refusal: $500 fine with a 2 month suspension, 2nd refusal $750 fine with a 4 month suspension, 3rd refusal with a $1000 fine and a year suspension. This will not be a 12 month but a 24 month period. If a driver has been shown to have a pattern of refusals in any 6 year period, Consumer Services has the right to revoke their license. Mr. Mora also wanted the committee to know that inspection staff and drivers of wheelchair accessible taxis have had training on the 4 point securement. Now, whenever these taxis are brought in for inspection, they must show the inspectors that the 4 point securement system is working and that they know how to use it. Consumer Service will also use secret shoppers to access wheelchair accessible trips. It was mentioned in the meeting that CODI would like Consumer Services to be sure that a driver of a wheelchair accessible taxi is not turning on the meter until the taxi leaves the curb. Also mentioned was the rudeness of some of the dispatchers. Mr. Mora said that Consumer Service doesn’t regulate the dispatchers or office staff of companies but felt that if people called in complaints they could make the companies aware of the problem.
Maude Gonzales from Transit addressed concerns of the committee about announcements on the Metrorail and Metro-mover and the identification of the Brickell & Omni Loop on the Metro-mover. Ms. Gonzalez said that Transit is working on a public address system and it is in the procurement process. It was also mentioned that inside announcements were not being made on some of the Metrorail and Metro-mover trains. She said that she will do secret shopping on both systems. She reported that she will be sending the ADA Office the quarterly report on the secret shopping for announcements on the busses. There are three facilities where buses are kept and the Coral Way facility has consistently had the best inside announcement rating of their busses. At the next meeting, the report will be anglicized; it was suggested a letter of recognition might be sent. Ms. Valkema asked Mr. Martinez if he would be available to go with her and Mr. Rackard to asses some bus trips.
Ilene Hyams went over some of the changes that come out of the County Commission meeting when they discussed the para-transit RFP. She said that there will be two separate evaluations. First a selection committee will assess the technical aspects of the proposals and give points based on several criteria. They will then look at the points to see if there is a cutoff point separating the best proposal from the average or below average proposal. Technical Criteria: Experience and key personnel 150 points, financial capacity 150 points, equipment and facility 100 points, Service plan and capacity 100 points, program and plans 100 points.
Then the proposals with the most points will be assessed by the cost. The least expensive of the most qualified will be picked. Some of the items she pointed out were:
• Proposer will be responsible for call center with no subcontracting
• Proposer shall purchase, install and maintain AVL/GPS Equipment and Mobile Data terminals
• Performance standards were slightly reduced from 90% for on-time performance to 80%
• For each week where the average Hold Time per queue and hour of operation is greater than 2 minutes, the liquid damages will be $750 per week up from $100 per week
• Only one PCA is allowed per customer. No fare shall be collected from the PCA. Proposer shall no bill or get paid for said trip by PCA County will not deduct fare for PCAs from the selected Proposer’s trip rate
• No Show window is clarified- in no event, shall a Customer be designated as a No-Show if the Chauffeur fails to arrive within the service window or fails to comply with the notification and authorization requirement within this paragraph –
• Proposer shall provide Road Supervisors to monitor trips
• Proposer to notify County if a driver provides 25% of Customer’s monthly trips.. may include in random phone audits.
• County prefers implementation of a fare replacement program that uses the County’s EASY Card
• 30 days prior to expiration or upon termination …the selected proposer shall transfer ownership of the toll-free number and TTY number for STS calls to the County.
Attendance: Horace Graham, Denise Valkema, Joe Mora, Vilma Valdes, Ernie Martinez, Ilene Hyams, Maude Gonzalez, and Marcos Ortega
Horace Graham from Miami-Dade Transit explained a letter that went out to the security companies that are used to provide security officers at the Metro-Rail reminding them that their job is one of security and not helping passengers to the rail platform and into the rail cars. There is a serious liability risk to the County if a person with a disability is escorted upstairs and into a car and when they disembark at their destination, there is no one to help them downstairs. In addition, it makes a security guard leave his post. Of course, if a guard can provide some customer service they are encouraged to do so without putting a person in jeopardy or being too far from their post so they can’t see what is happening on the ground floor. He also said that all new security guards will have ADA training and this training will be on-going. If a complaint is received and valid, the security officer will go for retraining; if another valid complaint is received that officer will be reassigned by the company to a position outside the County.
Joe Mora from Consumer Services gave the committee some background on an incident that occurred on Miami Beach. A person who is blind and uses a service animal was taped by Channel 10 trying to hail a taxi. It was reported that 15 taxis went by him. He said there was an incident at the airport where a person with a service animal was refused a ride. Not only was the driver given a citation from Consumer Service; they also received a ticket, which is a misdemeanor, from the police. Consumer Services will now notify the police when they do a citation at the airport. The misdemeanor carries a $500 fine and 60 days in jail. The Consumer Service gives civil citations which can be a $250 fine for refusal. After three refusals in a 12 month period, a driver could have their license suspended or revoked for 6 months. Consumer Service does extensive training on service animals and explains the Federal, State, and County laws pertaining to service animals, it was brought up that certain groups of people feel dog are unclean or they are afraid of large dogs. Mr. Mora reported that the Director of Consumer services is writing a letter to all the Passenger Service companies reminding them of service animal requirements. He also said that they will be doing secret shopping. Much discussion followed. It was recommended by the committee to ask the County to increase the dollar fine and to have the first offense carry a suspension. Discussion was: 1st refusal: $500 fine with a 2 month suspension, 2nd refusal $750 fine with a 4 month suspension, 3rd refusal with a $1000 fine and a year suspension. This will not be a 12 month but a 24 month period. If a driver has been shown to have a pattern of refusals in any 6 year period, Consumer Services has the right to revoke their license. Mr. Mora also wanted the committee to know that inspection staff and drivers of wheelchair accessible taxis have had training on the 4 point securement. Now, whenever these taxis are brought in for inspection, they must show the inspectors that the 4 point securement system is working and that they know how to use it. Consumer Service will also use secret shoppers to access wheelchair accessible trips. It was mentioned in the meeting that CODI would like Consumer Services to be sure that a driver of a wheelchair accessible taxi is not turning on the meter until the taxi leaves the curb. Also mentioned was the rudeness of some of the dispatchers. Mr. Mora said that Consumer Service doesn’t regulate the dispatchers or office staff of companies but felt that if people called in complaints they could make the companies aware of the problem.
Maude Gonzales from Transit addressed concerns of the committee about announcements on the Metrorail and Metro-mover and the identification of the Brickell & Omni Loop on the Metro-mover. Ms. Gonzalez said that Transit is working on a public address system and it is in the procurement process. It was also mentioned that inside announcements were not being made on some of the Metrorail and Metro-mover trains. She said that she will do secret shopping on both systems. She reported that she will be sending the ADA Office the quarterly report on the secret shopping for announcements on the busses. There are three facilities where buses are kept and the Coral Way facility has consistently had the best inside announcement rating of their busses. At the next meeting, the report will be anglicized; it was suggested a letter of recognition might be sent. Ms. Valkema asked Mr. Martinez if he would be available to go with her and Mr. Rackard to asses some bus trips.
Ilene Hyams went over some of the changes that come out of the County Commission meeting when they discussed the para-transit RFP. She said that there will be two separate evaluations. First a selection committee will assess the technical aspects of the proposals and give points based on several criteria. They will then look at the points to see if there is a cutoff point separating the best proposal from the average or below average proposal. Technical Criteria: Experience and key personnel 150 points, financial capacity 150 points, equipment and facility 100 points, Service plan and capacity 100 points, program and plans 100 points.
Then the proposals with the most points will be assessed by the cost. The least expensive of the most qualified will be picked. Some of the items she pointed out were:
• Proposer will be responsible for call center with no subcontracting
• Proposer shall purchase, install and maintain AVL/GPS Equipment and Mobile Data terminals
• Performance standards were slightly reduced from 90% for on-time performance to 80%
• For each week where the average Hold Time per queue and hour of operation is greater than 2 minutes, the liquid damages will be $750 per week up from $100 per week
• Only one PCA is allowed per customer. No fare shall be collected from the PCA. Proposer shall no bill or get paid for said trip by PCA County will not deduct fare for PCAs from the selected Proposer’s trip rate
• No Show window is clarified- in no event, shall a Customer be designated as a No-Show if the Chauffeur fails to arrive within the service window or fails to comply with the notification and authorization requirement within this paragraph –
• Proposer shall provide Road Supervisors to monitor trips
• Proposer to notify County if a driver provides 25% of Customer’s monthly trips.. may include in random phone audits.
• County prefers implementation of a fare replacement program that uses the County’s EASY Card
• 30 days prior to expiration or upon termination …the selected proposer shall transfer ownership of the toll-free number and TTY number for STS calls to the County.
Monthly Meetings of CODI
Monthly Meetings
When: Fourth Wednesday of each month --1:30 - 4 p.m.
Where: Stephen P. Clark Center, which is located at 111 NW 1st Street.
All meetings of CODI are open to the public and are held in accessible facilities. If you need an accommodation to participate in the meeting please call 305-375-3566 or email IHYAMS@miamidade.gov at least 5 days prior to the meeting.
Since dates, times, and locations of the meetings might change, please call the Office of ADA Coordination at 305-375-3566 (voice) or or email IHYAMS@miamidade.gov to confirm meeting information.
CODI monthly meetings are audio taped. If you want to request the audio tape or the use of an auxillary aid or service to hear the audio tape please call 305-375-3566 or email IHYAMS@miamidade.gov.
Committee Meetings
CODI 's committees meets at the discretion of the committee chair. Individuals need not be members of CODI to serve on CODI committees. Committees focus on housing, transportation, employment and accessibility issues.
Public Participation
Public input is generally strongly encouraged, but sometimes may be limited.
When: Fourth Wednesday of each month --1:30 - 4 p.m.
Where: Stephen P. Clark Center, which is located at 111 NW 1st Street.
All meetings of CODI are open to the public and are held in accessible facilities. If you need an accommodation to participate in the meeting please call 305-375-3566 or email IHYAMS@miamidade.gov at least 5 days prior to the meeting.
Since dates, times, and locations of the meetings might change, please call the Office of ADA Coordination at 305-375-3566 (voice) or or email IHYAMS@miamidade.gov to confirm meeting information.
CODI monthly meetings are audio taped. If you want to request the audio tape or the use of an auxillary aid or service to hear the audio tape please call 305-375-3566 or email IHYAMS@miamidade.gov.
Committee Meetings
CODI 's committees meets at the discretion of the committee chair. Individuals need not be members of CODI to serve on CODI committees. Committees focus on housing, transportation, employment and accessibility issues.
Public Participation
Public input is generally strongly encouraged, but sometimes may be limited.
CODI Members
Members as of 4/6/10
Commissioner Barreiro, District 5
Jose (Ernie) Martinez - Chairperson
mmartinez@gmail.com
305-776-5573
Commissioner Jordan, District1
John Miller
johnlml@earthlink.net
786-390-3614
Commissioner Rolle, District 2
Dr. Manoel Oliveira
oliveira@fiu.edu
305-348-6259
Commissioner Edmonson, District 3
Jose Granda
joseg@acdterps.com
Commissioner Heyman, District 4
Sandra Hix
sandhix77@hotmail.com
305-221-2980
Commissioner Sosa, District 6
Vacant
Commissioner Gimenez District 7
Jackson David - Second Vice Chair
Jackson@soflacil.org
305-354-4424
Commissioner Sorenson, District 8
Vacant
Commissioner Moss, District 9
Ronald Fulton - First Vice Chair
rtfulton@go.com
305-651-5155
Commissioner Souto, District 10
Dr. Sam Kohlenberg
sskohlen@bellsouth.net
305-446-7457
Commissioner Martinez, District 11
Denise Valkema - Secretary
dvalkema@bellsouth.net
305-385-7355
Commissioner Diaz, District 12
Marie Schmidt
Mschmidt3@comcast.net
305-485-4528
Commissioner Seijas, District 13
Alan Rigerman
arigerman@aol.com
305-558-1305
Commissioner Barreiro, District 5
Jose (Ernie) Martinez - Chairperson
mmartinez@gmail.com
305-776-5573
Commissioner Jordan, District1
John Miller
johnlml@earthlink.net
786-390-3614
Commissioner Rolle, District 2
Dr. Manoel Oliveira
oliveira@fiu.edu
305-348-6259
Commissioner Edmonson, District 3
Jose Granda
joseg@acdterps.com
Commissioner Heyman, District 4
Sandra Hix
sandhix77@hotmail.com
305-221-2980
Commissioner Sosa, District 6
Vacant
Commissioner Gimenez District 7
Jackson David - Second Vice Chair
Jackson@soflacil.org
305-354-4424
Commissioner Sorenson, District 8
Vacant
Commissioner Moss, District 9
Ronald Fulton - First Vice Chair
rtfulton@go.com
305-651-5155
Commissioner Souto, District 10
Dr. Sam Kohlenberg
sskohlen@bellsouth.net
305-446-7457
Commissioner Martinez, District 11
Denise Valkema - Secretary
dvalkema@bellsouth.net
305-385-7355
Commissioner Diaz, District 12
Marie Schmidt
Mschmidt3@comcast.net
305-485-4528
Commissioner Seijas, District 13
Alan Rigerman
arigerman@aol.com
305-558-1305
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