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8.7. SR 07-25-1994 / ~'\) ( ~ ~l}{ ITEM 8.7 MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: PAT KLAERS, CITY ADMINISTRA~ JULY 20,1994 \y ~ DATE: SUBJECT: ADA AGENDA ITEM . The Americans With Disability Act (ADA) became a law in 1990. ADA compliance for most municipalities relates to structural changes in facilities and program changes in how the City does business. The City needs to evaluate all of its facilities for compliance with the ADA but the program changes are also a very important part of the ADA Law. In this regard, Elk River needs to evaluate its services, programs, activities, policies, procedures, and practices, and how the City's actions affect individuals with disabilities. However, in order to ensure that the City is in compliance with all aspects of the ADA law, it is necessary to have an expert in the ADA review our policies and inspect our facilities for compliance. The City Clerk, Finance Director, and myself are all "familiar" with the law but we do not have the expertise or time to dedicate to this issue. Attached for your review is a 10-93 League of Minnesota Cities Magazine article on the ADA. Also attached for your review, is a contract proposal between the City of Elk River and Julee Quarve-Peterson, Inc. This contract for consulting services is in an amount not to exceed $5,900. This will provide the City with information (a report) and training on how the City can get into compliance with the ADA. It should be noted that after this work, the City will still have to spend money on building structural changes and program changes in order to be in compliance with this law. The City budgeted $4,000 for an ADA consultant in the adopted 1994 budget. Staff is recommending approval of the consulting services contract with Julee Quarve-Peterson, Inc., in the amount of $5,900 dollars. The balance of this expenditure will have to come from the City Council contingency fund. It should be noted that Julee has excellent references from suburban communities that have used her services. Also, it should be noted that the City has used Julee's services in the past in order to get into compliance with the 1980's Handicap Accessibility Law. . P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 ADA Agenda Item Continued Page 2 . A question that may arise from the City Council relates to whether or not a Human Resources Coordinator could provide the same report that the City would be obtaining from the consultant. A Human Resources Coordinator could only help the City get into compliance with the part of the ADA Law that relates to employees, job descriptions, hiring practices, and employee working conditions. The ADA Law relates to many more aspects of city government than simply employment. The ADA Law is a very complex law that affects all aspects of municipal activities. The City has some funds budgeted for an ADA consultant, and recommends approval ofthe attached contract proposal. . . cc-ADAlcouncil . ADA: Reasonable access to service . may requrre employee training DAVE ROBERTS AND MOl\qCA BOGNER What is reasonable? By now city, county, and state employ- ees are tired of these three letters. ADA. The Americans with disabilities act may have been thrust upon us by the federal government but how can local and state RELATIONS govcrnmcllls positively affect the bottom line? II"c have probably all sat through trdining on the emplo)111C11l ponion of the ADA. Enough to kno\\' thm only a handful of the jobs we have defined the "essential functions" of will actually be filled by the handful of disabled appli- cants we see. We have been through the measurements defined in the ADA of ramps, restroom stalls, access doors, and sO' on to' know where our buildings and public areas are \'tllnerable. But what about the other part of the . ADA-the pan requiring reasonable access and accommodation to product and service. 'What is reasonable and who \.,ill decide? For most., our product is service. Yet the 44 million people with disabilities who . . come to cit)' hall, who go to our parks, who walk the public sidew.lIks, or come to pay a water bill, are ignored, are embar. rassed, are fnlstrated by city employces. \\'hy? Because the employees are afraid of what 1O do. The employees are uncertain of when to help. The employ" ees feel pit)' towards the disabled. The employees simp1}' don't know ho\\' to deal with the portion of our public that is disabled. So now what? As public servants are we to be intimidated by the disabled? Should we continue to look for some memo from personnel, cit}' council, the mayor, anyone,who ,,,ill tell ti.s exactly what needs to be done in each encounter? Don't hold your breath for the memo. One solution is teaching your empJo)C ees and public officials (paid or other- \dse) what to do, how to do it and when lO dcli\'er senice to the disabled public. 'lou cannot ignore the disabled segment of our population. They will not go av,<lY, All most disabled \.....101 is to be treated like the rest. To have senice delivered to them in a reasonable m;loner. Be sensitive to their needs yes, but don't be on a feelings overload. S}TIlpathy in action is pity and that's not reasonable. And let's not forget what to call them. Afterall, someone gelS paid for changing all those politically correct terms. Physically challenged one month, ability different the next, or is differently abled now? Politically correct terms change like the seasons and \\-ith all the Idin in Minnesota we still have at least three, As public servants, it is necessary for y,)U to be comfortable with all aspeclS of our dJ;"':r:.~ population. Vlhether in a wheelchair,. b,'""d, pregnant, elderly, deaf, mentally limited, obese, recovering from an injury, you name it, "cusLOffier service" training is beneficial. If YOl.' have police, fire, administrative positions, ~"arks and recreation, street and waler deptt:nments, all your employees can benefit fro;,~ .,an awareness training program. \~.. . Political correctness won't get it done...:', The u.s. government has seen'fit to mandate the acceptance of people with disabilities. Responses by both the pri\-ate and public sector range from "ignore it and it \\ill go away," sensitivity training that results in feelings overload, to panic remodeling of access in facili!)' useability. Upper management mentaliiy has been, let's decentralize responsibility and defer to established practices and procedures. ManydeparunenlS brought in disabled individuals who responded by exposing their own experiences. Others brought in the politically correct and sensitivity merchant, and still others deferred to the attorney's viewpoint and asked for an appraisal of risks providing nothing was done. Experience has taught us the most effective response to the Americans with disabilities act would be to break it into three separate exposures: [.,posure 1 is access to building and all facilities within. G~pert evaluation and advise recomm~nd~tLQDli, on remod. eling and quality equipment needed for ADA compliance. E.xposure 2 is ~J.2}'!QenJ of the disabled. Ha\'e an eX~~~12ced pT9fe,s.. sionaLdo an appraisal of existing '- -- ~.,i:~'!'!~:::D-:-A C!T;,~5 J CCTOZ::~ '~93 , . ;;- - -,:'. -"... ..,.,.... .re", '''''._. . '......:,; .:-_,_' ~ ",._~._ emplo)111Cm procedures beginning \"ith the job description. How is the job posted or advertised? \\'ill the application, screening, and intenic\'ring techniques need adjuSting? Will benefilS packaging accept existing conditions without bias? \\'ho will be responsible for the physical orientation of facilities and access to transpormtion as well as the work Olrea and procedures in the event of an emergency? Exposure 3 is customer service. There are 44 million people identified as disabled out of a population of 240 million. Dekle the portions of our population that are not part of the purchasing public and you end up with one out of evel)' four customers or users of your services being handicapped or hal,ng a disability. We spend millions of dollars to provide access to make our service and product available. \Ve train our personnel and human resource deparunems lO a point of apople~')', however, the only segment of this new legislation where our bottom line can be affected positively is the , customer scnice delivered by the frontline employee. Little or no results will be gained by bringing in emotional mechanics, sensiti\ity experts, or politically correct specialists. All politicall)' correct tcrms change like the seasons. Sympathy in action equals pity. FrQntline employees need to know what to do, how to do it, and.when to deliver sef\;ces to the disabled. \Ve train management, supenisors, and frontline employees in the public and private sectors to include: police, fire, city and county administrative and public works personnel. We train medical. transportation, hotel and travel, retail and restaurant, childcare and educators. Wouldn't you like to have your employees comfortable and effecti\'c in dealing with your disabled public? Dave Roberts and Monica Bogner are . from Awareness Training a:Mi.nnesota- based company that provides training to government officiaIs. Their phone number is (612) 432-2131. -.....,...".-.",-............. . . jUlee'quanle - peterson, inc. JlJB , j In . . . accessibility specialist, "504" consultant CONTRACT BETWEEN THE CITY OF ELK RIVER, MINNESOTA AND JULEE QUARVE-PETERSON, INC. Julee Quarve-Peterson, Inc. will provide consulting services to the City of Elk River for the purposes of assistance in complying with applicable codes, laws and guidelines pertaining to accessibility for all-persons with disabilities. . Julee Quarve-Peterson, Inc. is uniquely qualified to assist the City of Elk _ River in review for compliance with the Americans With Disabilities Act requirements of 1990, Section 504 of the 1973 Rehabilitation Act, and the Minnesota State Building Code Chapter 1340. . '_'f" . ,-, '.: ... . Julee Quarve-Peterson,Inc. has~pecializ~d in the field of accessibility since 1978. Focusing exclusively on accessibility for the past 14 years provides the City of Elk-River with consultants who are knowledgeable. in the "meshing" of laws, code~. and design guidelines of new construction and their application to existing buildings, programs, and budgets. Julee Quarve-Peterson, Inc. recently held contracts with several other communities in your area providing similar services including New Hope, Brooklyn Center, Robbinsdale, St. Louis Park, Maple Grove, Bumsville, Plymouth, Crystal, Lakeville, St. Anthony, Brooklyn Park, Chanhassen, Champlin, Cannon Falls, and Maplewood. Julee Quarve-Peterson has participated as a trainer in several National training efforts by the Department of Interior National Park services "Project Access" for nearly two and one-half years (17 separate one week trainings) thereby providing Julee Quarve-Peterson, Inc. with "yet to be published design guidelines for outdoor recreation" soon to be added to the Americans with Disabilities Act. Other National trainings have provided Julee Quarve- Peterson, Inc. with Title II Americans with Disabilities Act. Technical Assistance Manual by Department of Justice. These special publications and specialized knowledge can definitely assist your community in a comprehensive, p.o. box 28093, crystal, minnesota 55428 612-553-1246 . . . effective, and efficient analyses for Americans with Disabilities Act Title II and 504 compliance. Julee Quarve-Peterson, Inc. will conduct the following activities to assist City of Elk River in the fulfillment of its accessibility requirements. Self Evaluation Process . Assist the city in review of programs, services, policies and procedures (Title II ADA). . Assist in the completion of appropriate forms:. Grievance Procedures Notice Requirements . Document designated 504/ADA city employee. . Conduct on-site walk through survey of structures, facilities, and improvements based on ADA design guidelines July 1991, Minnesota 1340, and Rehabilitation Act of 1973, and UFAS design guidelines. Sites to be surveyed include: . City Hall / Police Station . Library . Fire Station . Liquor Store . WWTB Water Treatment . Public Works Building . Hockey Arena . Parks (18 locations - some undeveloped) Transition Plan . Julee Quarve-Peterson, Inc. will facilitate appropriate "public" meetings regarding preliminary findings of structural survey. . . . . Julee Quarve-Peterson, Inc. will assist in the development of a transition plan documenting where structural changes are necessary and provide a computer disk for your continued monitoring. Report Overview A report overview of those issues requiring upgrading as mandated by 504 requirements and a proposed implementation plan appropriate to the City of Elk River consistent with the intent of the Americans with Disabilities Act Title II will be presented, including required implementation. Resource Guide Provide a updated resource guide on suppliers and vendors on specialty equipment and services such as sign language interpreters. Communication Plan A review of "communication plan" including cable TV, city publications, telephone systems, sign language interpreters, etc. Accessibility Traininr: Julee Quarve-Peterson, Inc. will conduct a 3 hour staff training regarding accessibility, the ADA, and the CitY of Elk River teaming with Stephanie Cunningham of the Lighthouse Group. , ;0. .~ . Fee Schedule: The fee for the above-listed consulting services is a total of 5,300. . Expenses are in addition to the fee and will be billed separately to include: mileage @ .28 per mile, copying at cost, secretarial services @ $12 per hour, film and film processing, etc. Expenses not to exceed $600. Total Cost not to exceed : $5,900. Contract start date will be scheduled upon execution of contract. Respectfully submitted, ~ ~kWf~~ Jule Quarve-Peterson President of Julee Quarve-Peterson, Inc. Authorized Signature for City of Elk River . '6.-'lo~qLf D~ D~ Julee Quarve-Peterson Inc. new addre'ss 8000 West 78th Street Suite 305 . Edina, MN 55349 Telephone: 829-1049 Fax: 829-1054 .