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CONTRACT K-1819-102: A CONTRACT BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND CROSSING THE CHASM, LLC, IN THE AMOUNT OF $113,400 TO BE PAID MONTHLY IN SIXTEEN (16) EQUAL INSTALLMENTS OF $7,087.50, SUBJECT TO ANNUAL APPROPRIATION OF SUFFICIENT FUNDING BY THE NORMAN CITY COUNCIL, TO PERFORM AND PROVIDE PROFESSIONAL CONSULTATION SERVICES RELATED TO THE AMERICANS WITH DISABILITIES ACT (ADA) COMPLIANCE EFFORTS FOR THE CITY OF NORMAN.
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BACKGROUND: In June, 2017, City Council authorized a contract with Kimley-Horn & Associates to assist the City in updating its 1993 Americans with Disabilities Act (ADA) Transition Plan. Council also appointed a 12-member ADA Citizen Steering Committee made up of members of the Norman disability community to oversee the process. A 13-member ADA Staff Liaison Committee was also established at that time to provide coordination for the Transition Plan with each City department. Over the next twelve months, an extensive self-evaluation of City policies, facilities, sidewalks, parks, and other City infrastructure was conducted to determine the City’s compliance with the current version of the ADA. Multiple public meetings were conducted to gather input. On June 26, 2018, City Council adopted the 2018 ADA Transition Plan via Resolution R-1718-110. The City’s Director of Public Works currently serves as the City’s ADA Coordinator. One of the recommendations contained in the 2018 ADA Transition Plan was to consider hiring a full-time ADA Coordinator with specific expertise in the knowledge and implementation of the ADA requirements.
Also in June, 2018, during consideration of the fiscal year 2018-2019 (FYE 2019) Budget, the Council approved an amendment to the City Manager’s proposed budget, increasing the General Fund allocation to the Public Works Department by thirty-seven thousand seven hundred forty-six dollars ($37,746) for one-half year of salary and benefits and twenty-two thousand two hundred fifty dollars ($22,250) from the Capital Fund for a new vehicle for “the expansion of services related to the ADA Transition Plan.” Effectively, City staff was directed to add a full-time ADA Technician to implement the 2018 ADA Transition Plan and provide other related services.
DISCUSSION: The City Human Resources Department began recruitment for the ADA Technician position in November, 2018. Applicants were interviewed in mid-December, 2018. The City Interview Panel selected Mr. Jack McMahan as the most qualified candidate. Mr. McMahan owns and operates Crossing the Chasm, LLC, a company that specializes in accessibility management services. Mr. McMahan has also been an active volunteer in Norman’s disability community for a number of years and served on the City’s ADA Citizen Steering Committee.
Following the interview process, dialogue with Mr. McMahan began with regard to the best approach to deliver accessibility management services in Norman. Although conventional employment was initially considered, it was ultimately determined that it would be in the best interest of both Mr. McMahan and the City to enter into a contractual professional consultation services agreement with Crossing the Chasm, LLC. The City’s ADA compliance program is in transition as the City moves forward to accomplish the goals and objectives outlined in the 2018 ADA Transition Plan. The City’s 2018 ADA Transition Plan provides clear guidance on needs and priorities, but the City’s budget and resources are limited. There is very limited space at the City Municipal Complex for a new employee and the associated program needs. Furthermore, current City staff is not equipped to provide detailed job-related training and rather must rely on the expertise and experience of professional consultants already versed in this field. Crossing the Chasm, LLC, has the requisite knowledge, expertise, and experience to provide such professional consultation services with limited direction or supervision from City staff. Entering a professional consultation agreement also allows Crossing the Chasm, LLC, to continue providing ADA-related services to other clients previously and/or subsequently engaged. The thirty (30) days notice termination provision in the agreement also provides flexibility for both the City and Crossing the Chasm, LLC, to end the professional consultation relationship if this approach proves to be ineffective for either party. Contracting for a set professional consultation fee also provides the City a precise, known amount of expenditure.
The attached contract was negotiated in recent weeks with Crossing the Chasm, LLC, to meet the City’s accessibility management needs for the remainder of FYE 2019 and FYE 2020 (if funded) over the next sixteen (16) months. The agreement provides that Crossing the Chasm, LLC, will dedicate approximately thirty-two (32) hours per week toward providing the City’s accessibility management services, although it also acknowledges that Crossing the Chasm, LLC, also has other clients whose needs may vary from week to week and month to month.
Crossing the Chasm, LLC, will be responsible for responding to citizen inquiries on a regular basis. Other key program goals for these contract services will be:
• Implementation of the 2018 ADA Transition Plan
• Establishment and facilitation of a Council-appointed ADA Citizen Advisory Committee
• Facilitation of priority City facilities and parks accessibility improvements
• Facilitation of an ADA Staff Liaison Committee to update all City accessibility policies
• Providing or facilitating ADA training for City staff
• Conducting ADA plan review for major City projects
• Providing on-demand technical assistance to City departments as needed
• Serving as City ambassador for accessibility issues in Norman and the region
Fiscal Impact
The FYE 2019 Budget, as amended, includes appropriation to Public Works of thirty-seven thousand seven hundred forty-six dollars ($37,746) from the General Fund and twenty-two thousand two hundred fifty dollars ($22,250) from the Capital Fund for a total of fifty-nine thousand nine hundred ninety-six dollars ($59,996) to be used in the remaining four (4) months of FYE 2019 for the purpose of implementing expanded ADA services in accordance with the 2018 ADA Transition Plan. If this consultation services agreement is approved by Council, the City will not need to acquire a new vehicle for this service, as initially planned, which could save up to twenty-two thousand two hundred fifty dollars ($22,250) in FYE 2019 Capital Funds. (Some of the allocated Capital Funds may be used for accessibility improvements.) If approved, the cost to the FYE 2019 General Fund for this contract will be twenty-eight thousand three hundred fifty dollars ($28,350), which concludes the year nine thousand three hundred ninety-six dollars ($9,396) [or twenty-five percent (25%)] under budget. If continuation of this professional consultation service is funded in the City’s FYE 2020 General Fund Budget, the annual cost is anticipated to be eighty-five thousand fifty dollars ($85,050).
RECOMMENDATION: Staff recommends that the City Council approve Contract K-1819-102 with Crossing the Chasm, LLC, effective March 1, 2019.