HomeMy WebLinkAboutC36480 CO to MOU Additional Work for the ADA Assistance PgrmCONTRACT NO. C36480
STAFF REPORT
CITY OF PALM DESERT
ADMINISTRATIVE SERVICES DEPARTMENT
MEETING DATE: May 23, 2019
PREPARED BY: Stephen Y. Aryan, Risk Manager
REQUEST: Approval of a change order and revised Memorandum of
Understanding between the California Joint Powers Insurance
Authority and the City of Palm Desert, authorizing additional work
for the ADA Assistance Program, in the amount of $37,500.
Recommendation
By Minute Motion,
Approve a change order and revised Memorandum of Understanding between
the California Joint Powers Insurance Authority and the City of Palm Desert,
authorizing additional work for the ADA Assistance Program, in the amount of
$37,500.
2. Authorize the City Manager to execute the Revised Memorandum of
Understanding and any related documentation.
Strateqic Plan
While this matter is not related to a specific Palm Desert Strategic Plan Section, Priority
3 of the Parks and Recreation section is to "make recreation and exercise opportunities
pervasive in all public spaces." A comprehensive review of the City's compliance with
the Americans with Disabilities Act will help ensure access to the City's public rights -of -
way, City facilities, and parks by the public, including those with disabilities.
Executive Summary
The City of Palm Desert is a member of the California Joint Powers Insurance Authority
(CJPIA), a municipal self-insurance pool. The CJPIA made available to all of its member
agencies an Americans with Disabilities Act (ADA) Assistance Program to provide them
with technical and financial support in achieving federal and state ADA compliance. The
City Council authorized participation in this program in October 2017 for ADA inspection
of City policies, facilities, and rights -of -way. The majority of the inspections are
complete, but the consultant has indicated that another 60-75 linear miles of sidewalk
remain to be surveyed, above the estimated miles staff previously provided. The cost to
survey these sidewalks and any other signalized intersection above the original
estimate number is $37,500 ($500 mile).
Staff Report: AED Replacement
May 23, 2019
Page 2 of 2
Background Analvsis
The Americans with Disabilities Act of 1990 (ADA) prohibits discrimination and ensures
equal opportunity for persons with disabilities in employment, State and local
government services, public accommodations, commercial facilities, and transportation.
All City owned facilities, parks, and the public rights -of -way require a comprehensive
review of their compliance with the Americans with Disabilities Act (ADA). While
compliance with the ADA is a costly endeavor to undertake, non-compliance is an even
costlier position.
The United States Department of Justice (DOJ) can file lawsuits in federal court to
enforce the ADA, and courts may order compensatory damages and back pay to
remedy discrimination if the DOJ prevails. The DOJ may also obtain civil penalties of up
to $55,000 for the first violation and $110,000 for any subsequent violation. Considering
potential fees, damages, and litigation expenses at risk, Staff recommends moving
forward with the survey of additional sidewalks and signalized intersections.
The California Joint Powers Insurance Authority (CJPIA) was established in 1978 for the
purpose of providing liability protection from losses and lawsuits for its members. The
CJPIA today is one of the largest municipal self-insurance pools in the state, with over
100 participating members including the City of Palm Desert.
The CJPIA entered into an agreement with Disability Access Consultants (DAC) to
provide ADA consulting services. Founded in 1998, DAC has assisted public entities in
complying with and implementing accessibility requirements in accordance with the
ADA and federal, state and local disability related nondiscrimination laws and
regulations. The City Council approved the CJPIA and DAC to move forward with an
ADA inspection and survey of all City owned properties, rights -of -way, and policies in
October 2017.
To date, DAC has completed surveying 210 linear miles of sidewalk (40 over the
original estimate of 170 linear miles) and 60 signalized intersection (31 over the original
estimate). Please note that they will not charge the City from the additional work already
performed above the original estimate. DAC proposes to complete the remaining 60-75
linear miles of sidewalk and any other signalized intersection at a cost not to exceed
$37,500 ($500 p/mile).
Once this project is completed, DAC will assist staff with establishing the date of barrier
removal into their proprietary software program. The cost of this task is already included
in the FY 2019/20 annual budget and no appropriation is necessary at this time.
Fiscal Analvsis
The total cost for all additional inspections to be performed by Disability Access
Consultants, per the attached proposal, is dependent on the total additional miles
surveyed and will not exceed $37,500. Funds are currently available in the current
budget and no appropriation is required.
Staff Report: AED Replacement
May 23, 2019
Page 3 of 2
The amount of the original approved MOU between the City and CJPIA was $141,500.
If the City Council approves this change order, the MOU will be revised to reflect the
increase of $37,500 for a new total of $179,000.
The City is also responsible for software licensing costs beyond the first year (estimated
at $2,000 annually) and DAC will provide assistance to the City for the initial barrier
removal data entry as part of the Transition Plan (estimated at $15,000). These two
items are already included in the FY 2019/20 annual budget.
LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW CITY MANAGER
Robert W. Hargreaves Ldri Cam �,y%''� CJariet Moore Lauri Aylaian
City Attorney Director of Administrative Services Director of Finance City Manager
ATTACHMENTS: 1. Revised CJPIA Memorandum of Understanding
2. DAC Proposal
C;ALlFOR NiA
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REVISED MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (MOU) is between the California Joint Powers Insurance
Authority (CJPIA) and City of Palm Desert (MEMBER) for purposes of authorizing work related
to CJPIA's ADA Assistance Program, which includes conducting self -evaluations and
inspections, developing transition plans, and evaluating programs and services.
Disability Access Consultants (DAC) will perform all work for MEMBER on behalf of CJPIA in
accordance with all terms, covenants, standards and conditions set forth in that certain
agreement between the CJPIA and DAC, entered into on March 14, 2017 of which MEMBER
shall be considered a third party beneficiary to that agreement. Copies of the agreement are
attached hereto as Exhibit "A" and incorporated herein by reference as if fully set forth herein.
This MOU also discloses costs related to the aforementioned work, which will be billed directly
to CJPIA. CJPIA will then invoice MEMBER, less the amount of CJPIA ADA Assistance
Program funding. MEMBER agrees to pay the invoiced amount within 30 days of billing by
CJPIA.
1. Total cost for all work to be performed by DAC, $202,500
as per attached DAC written proposal
2. Total program funding provided by CJPIA to be $23,500
paid directly to DAC on behalf of MEMBER
for the aforementioned work
3. Total amount owed by MEMBER, representing $179,000
difference between Line 1 and Line 2, which
will be billed by CJPIA
Lauri Aylaian, City Manager
Alex Mellor, Risk Manager
Date
Date
Attachments: DAC Proposal, DAC Professional Services Agreement
Revised 3/3/2019
CALIFORNIA JOINT POWERS INSURANCE AUTHORITY
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Date: February 14, 2019
To: Stephen Aryan, City of Palm Desert
From: Tim Mahoney, Disability Access Consultants, LLC (DAC)
Alex Mellor, CJPIA
Re: City of Palm Desert — Supplemental Proposal to MOU & Data Entry Services Proposal
Supplemental Proposal to CJPIA's Memorandum of Understanding (MOUJ
Background of Supplemental Proposal
1. Remaining Public Right -of -Way (PROW)/Sidewalk Surveys
To prepare the original scope of work and proposal for the project, the City of Palm Desert
provided DAC with data that stated the City owns an estimated 170 Linear Miles sidewalk to be
surveyed as part of the overall project.
DAC built the proposal based on 170 linear miles of sidewalk. However, as DAC performed the
survey project, DAC discovered that there is more existing linear sidewalk mileage than the initial
statement of 170 linear miles, as initially provided by the City. To explain further, DAC is including
the following additional information:
A. Original Estimated Miles: DAC has completed the survey of an initial 170 linear miles of
sidewalk per the agreement.
B. Current Miles Surveyed: DAC has also completed an additional 40 linear miles of sidewalk
for a total 210 miles surveyed. Note: DAC will not charge the City
for the additional 40 miles.
C. Areas with "No sidewalk": DAC has discovered that currently there are approximately 50
miles of areas with no sidewalk.
Note: DAC did not charge for areas that do not have sidewalk
and the 50 miles of "no sidewalk" are not part of the current 210
miles that have been surveyed.
D. Remaining Miles: DAC estimates that the City has another 60-75 linear miles of
sidewalk that remains to be surveyed.
E. Signalized Intersections: The City estimated it originally had 29 Signalized Intersections
to survey. DAC has surveyed 60 to date. Note: DAC has not
charged the City for the additional 31 Signalized Intersections.
Next Steps: DAC will provide the 40 miles over and above the 170 estimated miles at no
charge. DAC proposes to complete the remaining 60-75 linear miles and any other signalized
intersections at a cost of $500/mile. DAC will only charge for actual miles surveyed.
Cost Range: $30,000 to $37,500
City of Palm Desert — ADA Assistance Program Supplemental Proposal Page 1 of 2
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SUPPLEMENTAL PROPOSAL TO CJPIA MOU FOR ADDITIONAL PROW SURVEYS
This supplemental proposal dated, February 14, 2019 is provided by Disability Access Consultants, LLC
(DAC) to the City of Palm Desert under the tenants of the California Joint Powers Insurance Authority
(CJPIA) ADA Assistance Program Memorandum of Understanding (MOU) that the City of Palm Desert has
entered into with the CJPIA, for the services specified below.
This proposal is provided to memorialize the additional sidewalks/Public Right -of -Way (PROW) that the
City of Palm Desert requests DAC to inspect and the applicable cost.
The City and DAC have identified an estimated sixty (60) to seventy (75) sidewalk/PROW miles to be added
to the current MOU between the CJPIA and the City of Palm Desert.
Additional Sites to be inspected:
1. Estimated Sixty (60) to Seventy -Five (75) Miles of Public Right -of -Way at a rate of $500/mile per
the scope and deliverables covered by the existing agreement.
Total Cost: Total estimated cost of this supplemental proposal will be between $30,000 and $37,500 and
includes all expenses.
Terms, Conditions and Payment: The terms, conditions and payment terms will be covered by the existing
MOU with the CJPIA.
PROPOSAL FOR DATA ENTRY — Estimated Dates of Barrier Removal into DACTrak
One of the requirements of the ADA Transition Plan is for the City to enter estimated dates of barrier
removal into DACTrak Accessibility Management Software for all items found to be noncompliant.
The City's ADA Transition Plan would be managed using the DACTrak Management Software. The City has
indicated it has limited staff to complete this function as part of its implementation strategy and has asked
DAC to provide a cost proposal to complete this initial data entry of the City's estimated dates of barrier
removal.
Cost: DAC would propose the following cost to complete these services: $15,000
If further DACTrak data entry tasks are required beyond this initial plan, the cost would be $65/hour, or
can be quoted as a lump sum on a project -by -project basis.
Routine DACTrak user assistance such as password updates and creating of new user account, as well as
DACTrak reporting and functionality questions would be provided at no cost.
Lastly, this data entry proposal is a separate agreement of the CJPIA's MOU with the City and not part of
the CJPIA's ADA assistance program. This proposed professional services agreement will be executed
directly between the City of Palm Desert and DAC.
City of Palm Desert — ADA Assistance Program Supplemental Proposal Page 2 of 2