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HomeMy WebLinkAboutADA Assistance Program Guidelines Revised April 2017 California JPIA ADA Assistance Program Guidelines Overview The purpose of the California JPIA's Americans with Disabilities Act (ADA) Assistance Program is to provide technical and financial resources in order to help members achieve compliance with federal ADA and state laws. Recognizing the importance of ADA compliance, the Authority's Executive Committee has approved a level of funding across three broad areas. First, an ADA consulting firm will work with members in assessing compliance; evaluating physical structures, programs, and services; and developing transition plans. Second, members will be provided ADA compliance tracking software. Third, the Authority will make financing available in order to assist in funding necessary ADA capital improvements for purposes of barrier removal. The assistance program is expected to be carried out for a period of five years, with roughly 20% of the membership receiving assistance in each of the program years. Since some members have already begun addressing ADA compliance independent from the Authority's program, partial or complete reimbursement may be available if the work comports with the program conditions described below. Agreement for Professional Services For ADA consulting services described below, the Authority has entered into an agreement with Disability Access Consultants (DAC). The agreement details terms and conditions for the provision of professional services, the scope of ADA consulting services being provided, and the costs for these services. The ADA consultant may incur reasonable actual expenses, including mileage, lodging, meals, and transportation costs associated with providing ADA consulting services. Authorization for any and all services to members will be according to the terms and conditions described therein. A copy of the agreement is maintained at the Authority's offices. Level and Types of Assistance The following describes the different types of assistance being provided to members. Assistance Level 1: Member Assessment and Overall Diagnostic Profile The ADA consultant will perform an assessment to determine the current level of ADA compliance and plan a course of action to enhance compliance. If, after review, it is determined that the member needs to complete or revise any of the required compliance components, the ADA consultant will provide a recommended compliance plan that may include other assistance-level options. Following is a list of items determined during an assessment. • An ADA coordinator has been designated, noticed, and posted. Rev.April 2017 Page 1 • Each site has a current transition/barrier removal plan that meets the requirements under Title I I of the ADA. • A self-evaluation of programs, services, activities, policies, procedures, and practices has been completed. • The member has updated its current transition/barrier removal plan, if applicable. • Current ADA transition/barrier removal plans include all sites, such as new sites added since the completion of the previous plan. • Space leased "from" others for use by the member are identified. • Leased sites and program locations are identified. • Space leased "to" others by the member is identified. • Any current ADA-related concerns or issues are identified, including any pending or actual litigation. • The member may need questions answered regarding the ADA, Title 24 of the California Building Code (CBC) or related accessibility standards. • Staff development activities have been provided or are requested. • Methods and priorities are recommended to members for achieving ADA compliance. Assessments carried out under Assistance Level 1 are designed to assist members that perhaps have done some ADA compliance work, but are uncertain either of its completeness or being up-to-date. The findings of the assessment are not documented, but are discussed verbally over the phone. Based on the findings, a proposal of work will be developed and provided to the member. The California JPIA will fund this assistance level in its entirety ($2,800), with no contribution from the member. Assistance Level 2: Inspection of Sites, Development of Transition/Barrier Removal Plans This service will provide members with inspection of sites that may be new or not inspected previously, or have had extensive modernization or major remodeling. The service will include inspection of member facilities and public rights-of-way, and identification of barriers to accessibility, solutions to remove these barriers, and incorporation of the information into the ADA consultant's accessibility management software, DACTrak. Under Assistance Level 2, public rights-of-way (PROW) must be evaluated to determine if there are barriers that would prevent those with disabilities from traversing the pedestrian access route in the public right-of-way. When members complete a self-evaluation, these barriers must be identified and incorporated into the member's ADA transition plan. There are standards in the Americans with Disabilities Act Accessibility Guidelines (ADAAG) that address sidewalks, but those standards are for design only. They specify that changes in the level of accessible routes up to 1/4" may be vertical and without edge treatment. Changes between 1/4" and 1/2" are to be beveled with a slope no greater than 1:2. Rev.April 2017 Page 2 Changes greater than 1/2" are to be ramped. These regulations do not specifically address maintenance. Therefore, it is the Authority's opinion that there is no ADA maintenance standard for sidewalk deviations that exist in the PROW path of travel, and members have no general requirement to inspect or repair deviations that exceed the ADAAG's design standard. That said, there are instances where sidewalk deviations or conditions of sidewalk surfacing that should be addressed in order to ensure accessibility by disabled persons. More broadly, and within the context of maintaining an agency's public sidewalks, deviations that are 3/4" or less vertical displacement have been deemed by the courts to be trivial in nature, unless there are aggravating circumstances such as jagged edges or a history of falls that make such instances of greater risk to the public. A vertical displacement of greater than 3/4" is not considered trivial as a matter of law, and poses a jury question as to whether it constitutes a dangerous condition of public property. Members have a duty to mitigate such dangerous conditions either because they knew of the condition or should have known. This duty exists separate and apart of any duty imposed under the Americans with Disabilities Act. The California JPIA will fund up to $16,500 toward this level of assistance. Members will be responsible for any costs that exceed this amount. The California JPIA will also fund the first year of licensing and training the DACTrak software. Members will be responsible for any required equipment and licensing costs beyond the first year. The annual licensing fee is $2,000. Assistance Level 3: Self-Evaluation of Policies, Procedures, Practices The ADA consultant will conduct a review of policies, procedures, and practices to determine if any are discriminatory or potentially discriminatory. Programs, services, and activities would be reviewed to determine accessibility by persons with disabilities. The California JPIA will fund up to $5,000 toward this level of assistance. Members will be responsible for any costs that exceed this amount. ADA Financing for Barrier Removal Protects Since some members may be unable to fund necessary capital improvements for purposes of barrier removal due to budgetary constraints, the Authority will also make ADA financing available. This financing is intended to help members to make needed improvements, particularly those that would otherwise be out of fiscal reach in the foreseeable future. Funding requests will be solicited annually through an application process, and then presented to the Executive Committee for approval. Members requesting financing must have completed the development of a transition plan that identifies the capital improvement associated with the funding request. Rev.April 2017 Page 3 The Authority will charge an interest rate based on the rate of return for all investments. The Authority may adjust the rate annually for each financing cycle. The rate will then be fixed for the financing term, which will not exceed five years. Specific instructions with financing terms and conditions will be provided when the application period open for each year. ADA Training The California JPIA offers the following ADA training courses to members throughout the five regions: • Planning for ADA Compliance: ADA Coordinator Training • Planning for ADA Compliance: Public Facilities • Planning for ADA Compliance: Public Rights of Way • Planning for ADA Compliance: Accessibility Requirements for Facilities and the Public Right-of-Way • Planning for ADA Compliance: Roles, Responsibilities and Strategies For specific details on each ADA course and upcoming training opportunities, visit the California JPIA website. The cost of agency-specific or other ADA training offered by DAC is the responsibility of the member. Additional Consulting Services For any ADA consulting services needed by members beyond the scope of those listed above, the California JPIA has negotiated a flat rate of$98 per consultant hour, and is the responsibility of the member. Members are advised to execute agreements with DAC for any services outside of the ADA assistance program. Member Responsibilities The member must agree to carry out the following responsibilities: • Provide necessary staff and fiscal resources in order to complete ADA assistance work in an agreed-upon and timely manner. • Provide the ADA consultant with necessary information and documents. Information may include prior ADA self-evaluations and transition plans, property schedules, facility and parks lists (including amenities and addresses), sidewalk mileage, number of automated pedestrian signal intersections, number of bus stops/bus shelters, and other infrastructure inventory details. This information is necessary to assist DAC with the development of an accurate proposal of services. Rev.April 2017 Page 4 • Execute the program Memorandum of Understanding (MOU), provided by the California JPIA. The MOU will be signed by the member's chief executive or city manager. A sample of the MOU is attached to this document. • Complete development of an ADA self-evaluation and transition plan for removal of accessibility barriers, including determining estimated barrier removal dates. • Develop needed capital budget plans based on information contained in the ADA self- evaluation and transition plan. • Assist the ADA consultant with a review of policies, procedures, and practices to determine if any are discriminatory or potentially discriminatory. • Designate an ADA grievance coordinator. Post ADA grievance policy on agency website and have the policy posted and available at all public facilities. • Be responsible for costs that exceed per-member funding levels approved by the Authority's Executive Committee. • Provide a tablet or other device that will run the DACTrak software. • Receive training on the use of DACTrak software. • Be responsible for licensure cost of DACTrak software beyond the initial year. Rev.April 2017 Page 5 Program Procedures General Procedures: 1. The Authority's risk managers will work with members to determine assistance levels for each member and notify members of the assistance level they will be receiving. Members will receive a copy of this document, outlining the details of the program. 2. Risk managers will contact the ADA consultant, notifying them of members ready to move forward with assistance level one. 3. Member will provide necessary information to consultant for development of work proposal. The proposal will outline the scope of work and an estimate of costs, outlining all expenditures according to the assistance levels. 4. A phone assessment will be conducted to discuss the agency's ADA compliance level. If the proposal is available in advance of the scheduled call, it will also be discussed. 5. The executed MOU serves as a notice to proceed for assistance levels two and three. Authority risk managers will notify ADA consultant when MOU's are executed. 6. The ADA consultant will contact individual members to schedule an on-site or phone project kick-off meeting, and will forward information to the member and the risk manager regarding the kick-off. 7. In coordination with the member, the ADA consultant will participate in the project kick- off meeting. The Authority's risk manager may attend the meeting, but this is not required for work to proceed. The meeting will include discussion of the project scope and responsibilities. Specific Assistance Level Procedures: Assistance Level 1 1. The Authority's risk managers will coordinate the start of all member assessments. 2. Member will gather information necessary to answer questions outlined in ADA/Section 504 Initial Assessment document. This document will be sent to the member by the ADA consultant or the Authority's risk manager. Members are advised not to complete and return the document, but rather have the information available for the phone discussion. 3. The ADA consultant will conduct the member assessment and overall diagnostic profile. Assistance Level 2 1. Member will be provided DACTrak accessibility management software. 2. Member will receive training regarding the use of DACTrak accessibility management software. Rev.April 2017 Page 6 3. Member will provide necessary access and coordination to ADA consultant for completion of buildings, parks and facilities inspections. 4. Member will provide necessary coordination to ADA consultant for completion of public rights-of-way inspections. 5. The ADA consultant will produce all necessary reports of findings to the member. Assistance Level 3 1. With the assistance of the member, the ADA consultant will complete review of policies and procedures. 2. The ADA consultant will review accessibility of programs, services and activities. 3. The ADA consultant will produce all necessary reports of findings to the member. 4. The ADA consultant will provide guidance to the member on the public input process, as required by Title II of the ADA. Rev.April 2017 Page 7 Billing and Reimbursement Work Performed through the Authority's ADA Assistance Program All work carried out through the California JPIA's ADA assistance program must be approved in writing by both the member and the Authority through the execution of the MOU prior to commencement of work by the Authority's ADA consultant. All invoices for work completed by the ADA consultant will be submitted to the California JPIA for payment. Any amounts for services provided beyond the per-member funding levels approved by the Executive Committee will be billed to the member by the California JPIA. Work Performed Outside of the Authority's ADA Assistance Program Members who have recently completed independent ADA work may submit for reimbursement of costs, according to the following conditions: 1. The work shall be of the same or greater scope of what the Authority is making available through its ADA assistance program. 2. The work shall be detailed in an agreement with the contractor. A copy of the agreement and invoices shall be provided to the California JPIA. 3. The work shall be complete. 4. Reimbursement amounts are the same as the per-member funding levels approved by the Executive Committee and noted above 5. The member would not qualify for additional ADA assistance in any area for which it is seeking reimbursement. Rev.April 2017 Page 8