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C36480 - MOU - Participation in an ADA Assistance Pgrm
CONTRACT NO. C36480 STAFF REPORT CITY OF PALM DESERT ADMINISTRATIVE SERVICES DEPARTMENT MEETING DATE: October 26, 2017 REQUEST: Approval of a Memorandum of Understanding between the California Joint Powers Insurance Authority and the City of Palm Desert, authorizing participation in an ADA Assistance Program, in the amount of $141,500. Recommendation By minute motion, approve a Memorandum of Understanding between the California Joint Powers Insurance Authority and the City of Palm Desert, authorizing participation in an ADA Assistance Program, in the amount of $141,500. Funds are available in General Services Account No. 1104159- 4309000. Strategic 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 Palm Desert Housing Authority Board approved participation in this program earlier this year. This matter is to perform such a comprehensive ADA review for all City owned facilities, parks, and the public rights-of-way. The total cost of this program is $165,000. The CJPIA will provide $23,500 in partial funding. Funds are available for the remaining balance in the FY 2017-18 City Budget. Background Analysis 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. October 26, 2017 - Staff Report CJPIA ADA Assistance Program Page 2 of 3 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 a comprehensive ADA review of the public rights-of- way, City owned facilities, and parks. 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 purpose of the CJPIA ADA Assistance Program is to provide technical and financial resources in helping members achieve federal and state ADA compliance. Recognizing the importance of such compliance, the CJPIA's Executive Committee 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 CJPIA will make seed money available, through short-term matching loans, to assist in funding necessary ADA capital improvements for purposes of correcting ADA deficiencies. 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 Palm Desert Housing Authority earlier this year approved DAC moving forward with an ADA inspection and survey of all Housing Authority properties and policies. This project is completed and its findings, along with the outcome of this greater encompassing citywide ADA analysis, will assist staff with determining a plan to provide for improvements moving forward. The following describes the different types of assistance DAC will provide under this program: Level 1: Member Assessment and Overall Diagnostic Profile (completed) DAC will perform an assessment to determine the current level of ADA compliance and plan a course of action to enhance compliance. The CJPIA funded this assessment and profile I in its entirety, with no contribution from the City. October 26, 2017 - Staff Report CJPIA ADA Assistance Program Page 3 of 3 Level 2: Inspection of Sites, Development of Transition/Barrier Removal Plan The service will include inspection of member facilities, the public rights-of-way, and identification of barriers to accessibility. Facilities and areas to be inspected for the City are included in the attached proposal. Solutions to remove these barriers and incorporation of the information into accessibility management software called DACTrak will also be provided. Following training, the City will be able to license DACTrak to update and manage the current plan. The CJPIA will fund the first year of licensing and training for the DACTrak software. The City is responsible for any required equipment and licensing costs beyond the first year (estimated at $2,000 annually). Level 3: Self-Evaluation of Policies, Procedures, Practices DAC 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. Fiscal Analysis The total cost for all work to be performed by Disability Access Consultants, per the attached proposal, is $165,000. The California Joint Powers Insurance Authority will assist with partial funding, payable directly to DAC, in the amount of $23,500. Funds are available in the FY 2017-18 City Budget under the General Services Account No. 1 1 041 59-4309000. No additional appropriation is currently requested. As noted, the City is responsible for software licensing costs beyond the first year, estimated at $2,000 annually. Prepared y: Ste en Y. Aryan, Risk Manager LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW I CITY MANAGER N/A Robert W. Hargreaves Lori Carney a Moore Lauri Aylaian City Attorney Director of Administrative Director of Finance City Manager Service ATTACHMENTS: 1. CJPIA Memorandum of Understanding 2. DAC Proposal 3. DAC Agreement with the CJPIA CONTRACT NO. C36480 •\ lii � ; 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, $165,000 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 $141,500 difference between Line 1 and Line 2, which will be billed by CJPIA Lauri Aylaian, City Manager Date Alex Mellor, Risk Manager Date Attachments: DAC Proposal, DAC Professional Services Agreement CALIFORNIA JOINT POWERS INSURANCE AUTHORITY �..�rrrrr�rrr.r�r • r ■ lr� Z " \ • r _ • • • Ad (0 • r r • r r �` �� rrrrra �"i I ND:-rsie r*.s.. r`irrrr�r City of Palm Desert Proposal for Accessibility Services AMERICANS WITH DISABILITIES ACT (ADA) SELF-EVALUATION AND TRANSITION PLAN March 9, 2016 UPDATED—February 6, 2017 UPDATED-June 2017 ❑isabifity Access Consultants 2243 Feather River Blvd Oroville, CA 95965 DAC DISABILITY ACCESS CONSULTANTS DAC COVER LETTER lune 27, 2017 To: Mr.Stephen Aryan Risk Manager City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760)346-0611 Re: Americans with Disabilities(ADA)Self-Evaluation and Transition Plan Firm Information: Disability Access Consultants(DAC) Headquarters: 2243 Feather River Blvd,Oroville, California 95965 Project Manager: Barbara Thorpe,President bthorpe@dac-corp.com Phone: 1-800-743-7067 We appreciate the opportunity to submit our statement of qualifications and proposal for providing consultant services for an Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan for the City of Palm Desert public facilities and public rights-of-way. As you may be aware,under Title it of the ADA,the City of Palm Desert is required to have a continually updated and current Self Evaluation and Transition Plan. Title II entities,such as Norwalk may be at significant risk for claims and litigations by not having a current plan.Also,recent inquiries and enforcement activities by the DOJ, CalTrans and HUD have shown that Cities can be at risk of losing or not being able to receive their state and federal pass through funding should you not have a current plan in place. DAC has extensive experience in the evaluation of program and facility accessibility and provides a full continuum of Americans with Disabilities Act (ADA) and accessibility services for public entities, such as the City of Palm Desert. Founded as a California corporation and woman owned business in 1998, DAC has provided services for the past 19 years to assist public entities to comply and implement accessibility requirements in accordance with the ADA, Title 24 of the California Building Code, Section 504 and related federal, state and local disability-related nondiscrimination laws and regulation. DAC has conducted over 19,000 building inspections, surveyed thousands of parks and playgrounds, thousands of miles of sidewalks and performed hundreds of programmatic reviews and self-evaluations to study the accessibility of programs, services,activities,events and related areas.DAC has a comprehensive understanding of applicable standards, regulations and requirements under Title II of the ADA,California Building Code and related state accessibility standards. DAC has completed over a hundred similar studies. DAC was has also been working on a project for the Department of Transportation in Washington, D.C. to develop a pilot study for potential duplication of methodologies in other geographic areas, using tools and standards for public rights-of-way accessibility reviews by means of a software program to update and manage the ADA public rights-of-way transition plan. DAC is providing recommendations for best practices and technologies for the DOT. To provide for easy management of the transition plan and documentation of compliance efforts, DAC has developed web-based software called DACTrak. DACTrak is a powerful tool to manage and update the transition plan,project costs and document progress. Custom reports can be printed in a variety of formats. Respectfully submitted by Barbara Thorpe, President Disability Access Consultants Proposal to the City of Palm Desert for ADA Consulting Services—June 2017 1 DAC FIRM ORGANIZATION AND DESCRIPTION OF QUALIFICATIONS Disability Access Consultants was founded as a woman owned California Corporation in 1998,DAC has provided services for the past 19 years to assist public entities to comply and implement accessibility requirements in accordance with the ADA, Title 24 of the California Building Code, Section 504 and related federal, state and local disability-related nondiscrimination laws and regulation. DAC has extensive experience in the evaluation of program and facility accessibility and provides a full continuum of Americans with Disabilities Act(ADA)and accessibility services for public entities, such as the City of Palm Desert. As our founder, Barbara Thorpe, worked with a public entity for 19 years as the ADA Coordinator, 504 Coordinator, and Director of Planning and Compliance, she has extensive experience working with individuals with disabilities and organizations representing individuals with disabilities. In addition,she has collaborated with individuals with disabilities and organizations that represent individuals with disabilities in a facilitative manner that has benefited city governments during her work with other municipalities. Barbara and the DAC team members have demonstrated the ability to engage and interact with individuals and organizations to assist with the prioritization, long range planning and implementation of the ADA plan. DAC has a team of 23 staff, with our Facility Team Leader Michael Boga holding CASp Certificate #152, dedicated to assisting public entities, such as the City of Palm Desert, with ADA compliance. DAC has a comprehensive understanding of applicable standards, regulations and requirement under Title II of the ADA,California Building Code and related state accessibility standards. DAC has a reputation to being responsive to the client's needs, *° providing on-time project completion within budgets. DAC has a <--- proven track record for comprehensive experience in conducting ADA Y • - Self Evaluations and Transition Plans, implementation and related l • services. _ ; ti • Other public entities for which DAC has provided similar services include Fair Oaks Recreation and Park District, Padre Dam Water District, Hayward Parks and Recreation, 15 California Fairs, 160 California public school districts, and several large Joint Power Authorities and insurance carriers for groups of public entities. DAC is currently assisting the California Joint Powers Insurance Authority (CJPIA) members, of which the City of Palm Desert belongs,to assist members with ADA compliance at a discounted rate. DAC has been assisting several Joint Power Authorities since 2000 and currently provides updates, consultation, plan reviews and expert witness services. DAC has worked with public entities of all sizes,from one site to 506 sites. Members of the DAC team have also served as expert witnesses to assist public entities to defend their current practices and ADA plan. DAC has only served on the side to assist public entities to defend their practices and plan and has never assisted with litigation against a public entity. Our mission statement and philosophy embrace the enhancement and assistance to our clients to build an ADA accessibility plan while documenting previous and current compliance methods. Over the 19 years of serving our clients, DAC has demonstrated financial stability, staff stability and has a no claims insurance record. DAC provides a full continuum of professional services that include,but are not limited to: • Facility inspections • Self-evaluations for ADA and Section 504 of the Rehabilitation Act • Policy review and development • Transition plans • Public rights-of-way surveys • Consultation • Accessibility compliance intake and management software—DACTrak • DACTrak training to conduct your own inspections Disability Access Consultants Proposal to the City of Palm Desert for ADA Consulting Services—lune 2017 2 DAC • Expert witness services • Plan reviews • ADA Plan implementation assistance and consultation • Outdoor developed and recreational areas(pools, parks,trails,camping areas) • NPSI playground safety inspections • ADA Playground inspections DAC utilizes the appropriate standard(s)for the inspection that may include, but is not limited to: • ADA 2010 Standards • California Building Code • ADA-ABA • UFAS • ANSI • Section 504 of the Rehabilitation Act • Outdoor developed and recreational standards • National Playground Safety Institute(NPSI)standards • PROWAG—Federal Public Rights-of-way Guidelines • Federal Highway Administration's Manual on Uniform Traffic Control Devices(MUTCD) Our firm stands out in the public entity arena due to proven performance in a wide range of services, from programmatic and policy reviews, facility inspections, transition plans, consultation, plan reviews and expert witness services. We excel at providing a comprehensive assessment of our clients'current status by preparing a study of all areas related to accessibility in different departments to document ongoing compliance. Innovative Tools,Strategies and Best Practices Based on experience and knowledge of the accessibility field and best practices, DAC continues to develop innovative methodologies,easy to use ADA management tools,and proven,successful strategies for evaluating programs,services,activities,events,facilities,parks and public rights-of-way.DACTrak was developed by DAC for the purpose of easy and useful importing and management of the accessibility data collected in the field. DACTrak is interactive web-based software and is not an enhanced Excel spread sheet. The ability to collect, compile,analyze and use report data in a practical format was one of the driving forces to develop the DACTrak intake and management software. Our DAC accessibility management software, DACTrak, provides our clients with a powerful management tool to document compliance, project costs, print custom reports and record progress. DACTrak is not an Excel spreadsheet, but actual software that has been developed by our company to assist with the implementation and documentation of the City's ADA plan and provides photographs of as-is site conditions,which has proved to be valuable documentation. Findings and recommendations, in addition to other data are preloaded into the DACTrak software. As DAC owns and licenses the DACTrak software, we can make custom modifications for our clients. The DAC team members proposed for the City of Palm Desert project have worked together on similar projects. A few projects are listed below. References and a description for the scope of work are provided for several of the following recent California projects: • City of San Clemente • City of Palos Verdes Estates • City of Palm Springs • City of Fountain Valley • City of Los Alamitos • City of Pismo Beach • County of Kern • City of Modesto Disability Access Consultants Proposal to the City of Palm Desert for ADA Consulting Services—June 2017 3 DAC • City of La Quinta • City of Newport Beach • City of Claremont • City of Huntington Beach • City of Modesto • City of Manteca • City of Grass Valley • City of Banning • County of Butte • Solano County • City of Moreno Valley • City of Palm Springs • City of Cypress • City of Lincoln City • Calaveras County • Desert Recreation District • Fair Oaks Recreation and Park District • City of Glendale • City of Orovilie • City of Clovis • County of Santa Clara • County of Shasta • Town of Paradise • City of Laguna Woods DACTrak Accessibility Management Software The accessibility management software is included at no cost to the City for the first year as the cost is paid by the CJPIA. If the City decides to continue with the use of the web-based management software after the initial year, the cost is $2,000 and includes unlimited seat licenses. If the City decides not to continue the use of DACTrak,the City's data will be exported into a format such as excel. The use of the DACTrak software includes the storage and maintenance of the City data.If the City decides not to continue to use the web-based DACTrak Accessibility Management System to maintain, update and document compliance of the ADA plan, the data can be transferred to an Excel spreadsheet or an alternate format. DAC has found that usable and easy to manage software(instead of Excel spreadsheets) is imperative to maintaining and updating the ADA plan. Categories can be customized and findings organized as demonstrated in the screen shots of the DACTrak software included in the supplemental materials Appendix. Wckome,mbooa I Srrpirorr I sdarr.Old I 11,Iu DACTrak R•po.ts Touts Sefert a Client: city of La Qunta Prin.,I portfolio for City of Id Qvinte City of tagnlnta Intersections Parks Sidewalks Trails Buildings Disability Access Consultants Proposal to the City of Palm Desert for ADA Consulting Services—June 2017 4 DAC PROJECT TEAM STAFFING AND RESUMES Disability Access Consultants (DAC) has a dedicated team of twenty three professionals with backgrounds in administrative leadership roles with public entities, construction and code enforcement. DAC is an equal opportunity employer and our team composition includes minority and veteran representation. The team has worked together on numerous ADA compliance projects with City governments and public entities. DAC works with several large JPA's and insurance pools to assist public entities with ADA compliance. r City Contacts City of Palm L Desert Barbara Thorpe Project Manager r r Michael Boga r Jennie Grover SrikantTalasila CASp-152,ICC Director of IT Facility Team Leader/ Director of Quality Control Operations r � r Candice Pursch Field Inspection Supervisor Field Inspectors(4-6) I The DAC team has a proven record to provide on-site services in a collaborative and efficient manner. DAC has experienced team members who have worked with public entities for successful and on time completion of numerous projects. Necessary staff members have ICC, NPSI, and CASp certification. A CASp certified Team Leader will be involved with the project and field evaluations. The project team is organized to provide a representation of skills needed to accomplish the project objectives. In addition, teams that have worked together previously will be assigned to the City of Palm Desert project. Following are descriptions of key team members'qualifications and their assigned roles. Barbara Thorpe,M.Ed.,LOT DAC Project Manager As DAC Project Manager,Barbara will coordinate activities and schedules and report to the City's Risk Manager or designee. Barbara will serve in the leadership role regarding the ADA Self-Evaluation of programs, services, activities and events along with the review of policies and procedures. Barbara brings twenty years of experience in public administration and providing services to individuals with disabilities to Disability Access Consultants. As an administrator in a public entity, Barbara provides unparalleled understanding of the application of the Americans with Disabilities Act and related legislation. In addition to assisting public entities with compliance with the ADA, Barbara has conducted compliance reviews for the Department of the Interior to audit for compliance with the ADA, Section 504 of the Rehabilitation Act and related civil rights laws and regulations. Barbara has served as an expert witness for the Department of Justice, Office of the Attorney General. Additionally, Barbara is a licensed occupational therapist. Barbara served on the Division of State Architect Advisory Board and served as the vice-chair for the DSA Access Compliance Committee. Barbara has worked on over 250 public entity projects that are similar to the City. Disability Access Consultants Proposal to the City of Palm Desert for ADA Consulting Services—June 2017 5 DAC Michael Boga, B.A. Education, California Certified Access Specialist, ICC Accessibility, Usability and Plans Examiner Facility Team Leader As manager of the production and the inspection team, Michael brings a unique blend of experience in the building industry along with his understanding of individuals with disabilities to the accessibility team. Michael is a certified accessibility specialist through the International Conference of Building Officials(ICC), certified in Accessibility, Usability and Plans examination and is California certified CASp inspector #152. Michael has completed the updated OSA courses regarding the 2010 California Building Code. Michael has provided numerous staff development sessions to public entities regarding accessibility requirements. If requested, Michael would provide training, assist with plan reviews and review new work completed for compliance, as requested. Mike has worked on over 300 projects that are similar to the City of Palm Desert. Jason Katz,B.S. Urban Planning,B.A.Sustainability and Urban Dynamics DAC Accessibility Specialist Jason brings to DAC a background in civil design with degrees in Urban Planning and Sustainability/Urban Dynamics. Jason is also certified in Geographic Information Science and Auto CAD. Prior to becoming an Accessibility Specialist with DAC, Jason has worked on projects to compare and estimate future urban area population density differences using ESRI ArcMap 10, and also worked with the City of Mesa,Arizona to help establish green building codes for City owned buildings. Srikant Talasila Director,Information Technology Srikant brings many years of experience with information technology and management information services from a large corporation. He has the ability to categorize and organize large volumes of information regarding public and school facilities into a manageable database. He provides training and consultation to our clients in the use of DACTrak. Srikant would work directly with City of Palm Desert staff to train and assist with the data entry and management of data. Jennie Grover Director of Operations Jennie draws on her experience in technical writing to provide leadership and management of the production and technical writing team, organizing the completion of technical reports, as well as managing production schedules,staff and timelines. CLIENT REFERENCE LIST The following are a few of the most recently completed references for scopes of work similar to the City of Palm Desert that include City and County Governments and Park Districts. Numerous additional references are available. City of Carlsbad Project Name: ADA Self-evaluation and Transition Plan Ed Garbo • DAC conducted an ADA self-evaluation and transition plan for City Risk Manager buildings,facilities,and parks. 1635 Faraday Avenue • DAC has also assisted the City to successfully prepare and respond to Carlsbad, CA 92008 a Caltrans audit. Phone: (760) 602-2471 • DAC also assisted the City to perform a self-evaluation of services, Ed.garbo@carlsbadca.gov policies, programs and practices. • DAC is providing ongoing, as needed additional consultation such as plans review. • The City is currently using DACTrak to implement their transition plan. Disability Access Consultants Proposal to the City of Palm Desert for ADA Consulting Services—June 2017 6 DAC City of Grass Valley Project name: ADA Self-evaluation and Transition Plan Bjorn Jones • DAC created ADA self-evaluation and transition plans for City Associate Civil Engineer buildings,facilities, parks and parking lots. 125 East Main Street • DAC also assisted the City to complete the evaluation of policies, Grass Valley, CA 95945 procedures, practices and programs, and provide opportunities for Phone: (530) 274-4322 public input. biorni@cityofgrassvallet.com • The City staff is using DACTrak to update and implement their transition plan for facilities. • DAC reviewed the City's existing field assessment reports for curb ramps and sidewalks, and made necessary recommendations to complete a public rights-of-way transition plan County of Inyo Project name: ADA Self-evaluation and Transition Plan Diane Fortney • DAC recently completed an ADA self-evaluation and transition plan Project Coordinator, Public Works for county buildings,facilities, parks and public rights-of-way P.Q. Drawer Q • DAC provided the County with several options and methods to Independence, CA 93526 advertise for public input and collect and compile the responses Phone: (760)878-0263 themselves to help in the prioritization of the transition plan dfortney@inyocountv.us • County staff are currently using DACTrak to update and manage the transition plan City of Victorville Project name: ADA Self-evaluation and Transition Plan Christian Guntert • DAC recently completed an ADA self-evaluation and transition plan Director of Community Services for city buildings, facilities, airport, parks, public rights-of-way and 14343 Civic Drive signalized intersections Victorville,CA 92392 • DAC is also assisting the City to prepare the responses to their annual Phone: (760)955-5262 Caltrans audit and on-going HUD audits ceuntert@ci.victorville.ca.us • DAC has also assisted the City to advertise their request for public input,and compiled the results of the responses. • The City is currently using DACTrak to implement their transition plan City of Palm Springs Project Name: ADA Self-evaluation and Transition Plan James Thompson • DAC conducted an ADA self-evaluation and transition plan for City City Clerk buildings,golf courses,pools, airport, parks and public rights-of-way 3200 E Tahquitz Canyon Way • DAC has also assisted the City to successfully prepare and respond to Palm Springs,CA 92262 a recent Caltrans audit Phone: (760)323-8204 • The City is currently using DACTrak to implement their transition plan i ay.th om pso n(o]pa l msp rings-ca.gov City of La Quinta Project Name: ADA Self-evaluation and Transition Plan Terry Deeringer • DAC has provided the City with an ADA self-evaluation and transition Was Human Resources/General plan for City buildings, parks, intersections and public rights-of-way Services Manager of City of La • The City is currently using DACTrak to implement their transition Quinta at time of services plan. 78495 Calle Tampico • Additionally, DAC provided the City with an assessment of City La Quinta,CA 92253 policies and programs to determine if any were discriminatory to Current contact information as individuals with disabilities. Director of Human Resources&Risk Management for City of Indio Phone: (760)391-4008 Tdeeringer@indio.org Disability Access Consultants Proposal to the City of Palm Desert for ADA Consulting Services—June 2017 7 DAC City of Claremont Project Name: ADA Self-evaluation and Transition Plan Jeff Baughman • DAC provided ADA self-evaluation and transition plans of buildings, Building Official parks, intersections,roadways, sidewalks and public rights-of-way. 207 N Harvard Avenue • The City was provided DACTrak Accessibility Management Software Claremont,CA 91711 to manage the implementation of the plan, document resources Phone: (909)399-5477 needed and document progress. ibaughman@ci.claremont.ca.us • DAC also conducted the ADA self-evaluation of programs, services and activities to determine if any were discriminatory for individuals with disabilities and provided the City with an Executive Summary detailing the results and recommendations. County of Butte Project Name: ADA Self-evaluation and Transition Plan Grant Hunsicker • DAC is recently completed surveying County facilities for compliance Director of General Services with the Americans with Disabilities Act and California Building Code. 2081 2"Street • DAC has also performed a review of County policies, grievance Oroville,CA 95965-3413 procedures and public notices to evaluate their compliance with the Phone:(530)538-2511 ADA and suggest alternatives if necessary. Ghunsicker@buttecounty.net • DAC has assisted the County in developing their updated transition Benjamin Matray plan. County Architect • The County is using DACTrak to manage their transition plan. General Services Department • DAC continues to provide training sessions to County staff on ADA 2081 2nd Street compliance,methods for reasonable accommodations,and effective Oroville,CA 95965-3413 communications with individuals with disabilities. Phone:(530)538-6056 bmatray@buttecounty.net City of San Clemente Project Name: ADA Self-evaluation and Transition Plan Johanne Thordahl • ADA self-evaluation and transition plans of buildings, parks, piers, Risk Mgmt.Analyst beach areas, golf course, pools, beach concessions, lifeguard areas, 100 Avenida Presidio trails and public rights-of-way. San Clemente,CA 82672 • The City was provided DACTrak Accessibility Management Software Phone: (949)361-8203 to manage the implementation of the plan, document resources ThordahlJ@san-clemente.org needed and document progress. • The ADA self-evaluation of programs, services and activities to determine if any were discriminatory for individuals with disabilities was completed by DAC. • DAC also assisted with the resolution of two complaints. Disability Access Consultants has never been removed from a project or disqualified from proposing on a project. SUBCONSULTANTS DAC does not use subcontractors or subconsultants, as DAC prefers team members that have direct accountability and training by DAC to provide a seamless project delivery and interaction with City staff. SCOPE OF WORK Disability Access Consultants (DAC) understands that the City of Palm Desert(City) is seeking a qualified firm to inspect, evaluate and prepare reports identifying potential barriers in the City-owned buildings, parks, parking lots and public rights-of-way. The inspections will identify barriers or potential barriers in accordance with applicable Federal and State accessibility standards and regulations. In addition, it is understood that DAC will assist the City in developing Disability Access Consultants Proposal to the City of Palm desert for ADA Consulting Services—June 2017 8 DAC a schedule for barrier removal overtime in a cost effective and realistic manner,using programmatic solutions where available. In order to successfully complete the project activities in a timely manner, DAC will work closely and collaboratively with the City of Palm Desert without imposing unnecessary interruptions or burdens to City staff. During the past 19 years, Barbara Thorpe and her team have developed ongoing working relationships with City and County governments and have worked diligently to have clear lines of communication. DAC has the extensive knowledge and experience with all Federal and State regulations during the past 19 years in business,that includes, but is not limited to the ADA up to and including the current 2010 Americans with Disability Act Standards (ADAS), Code of Federal Regulation (CFR) Title 28 Part 35, Title 24 California Building Standards Code, Title II of the ADA, PROWAG, MUTCD, Section 504 and related Federal and State Standards and Regulations. Value Added Items to Enhance the Project at No Additional Cost or that Provide a Cost Savings In addition to the above understandings and confirmations, DAC has found through its experience of working with City and County Governments and Joint Power Authorities,such as the California Joint Powers Insurance Authority,of which the City of Palm Desert is a member,that certain other items enhance the level of success and implementation of ADA Transition Plans and Self-Evaluations by public entities. The California JPIA(CJPIA) offers a discounted price to its members that has been negotiated with DAC. The CJPIA is also assisting members, such as the City,with costs for selected services for ADA compliance. The use of DACTrak by City staff to conduct surveys at facilities, process reports and manage the information to implement and document the plan may assist the City to more efficiently and effectively achieve the City's project objectives and will provide longevity to the plan. As an additional value at no cost,DAC provides at least one photograph of each noncompliant accessible item or element, a record number for reference, estimated costs and other features to assist with the implementation of the Transition Plan. To provide for easy management of the transition plan and documentation of compliance efforts, DAC has developed web-based software called DACTrak. DACTrak is a powerful tool to manage and update the accessibility plan, project costs and document progress. Custom reports can be easily prepared, printed and saved in a variety of formats. Disability Access Consultants(DAC) includes the following additions at no additional cost: • Noncompliant findings and recommendations are included in the DACTrak software • One or more photographs of each noncompliant finding are included • Additional photographs can be viewed of the noncompliant item by one click • DACTrak provides a method to schedule and track the barrier removal • Documentation of progress and compliance using the progress reporting feature of DACTrak • Priorities can be established and further refined using DACTrak DACTrak provides for an organized input method that captures all of the information gathered from the site inspections with photographs for each noncompliant finding. In essence,all of the field information is captured in a web-based software package and provides for "green" data collection and avoids paper and pencil checklists and unorganized photographs. DACTrak can also be used on a tablet pc to add new facilities and update compliance assessments and transition plans. DAC has also found that having usable"software"and not just a database is very important to be able to easily manage and update the transition plan. Our extensive experience with clients needing to have an easy to manage and update plan was the catalyst for DAC to develop our DACTrak software for use by our clients. Thus,other critical issues include: • Software to update and manage your Transition Plan • The ability to document progress and barrier removal • The ability to print custom reports Disability Access Consultants Proposal to the City of Palm Desert for ADA Consulting Services—June 2017 9 DAC • The ability to update the plan "automatically"when codes change without re-inspecting sites • The ability to project costs F • Teability to add or delete facilities ° ° —Paril° [ •:- 1 Po MOO=gm vim; DAC's collection of actual measurements of �•e-typo E Spoor maw ..1,.•,.. as-is conditions and GIS information for Q `I ow*""•"rp Armujodor minim , :.A. lanpqn0.01. Boa. ~Nut d rmno public rights-of-way is another value added "`" °"R IIMOR - yin In ft.,. .l.wmdll.ldl[1P ::PorIwd Ali moo wiosdt to,pro N bw/ item. The collection of an as-is condition is a ,k-b.., fH« + ., ef wart • .prawn'awl Award*Oh Out..amom mns.Niny*on polingoolou ;nrd.dQdid valuable asset to allow the user to make an Lonalft.a. Milk ace owed woo.mew. E informed decision based on an actual tier wawa.d,,.R ., ,,..:MM.14.d�d A. rw Froth . ,,.d..d ,, .d. ,W �.,r,regal measurement. For example, if a yes or ,Mddt.m agrrd.d rimqlool w.-ro..., ,in "no" approach is utilized to indicate if an Von drawee' '°""°°° ""'''°Imo¢""d°°° ''P' "'O'°' 4,M.oa+ylY dd. item is compliant, the user maynot know E � � m MOW p �rrra wdd lib of Pwwegr AY Later Might OM what the actual level of noncompliance is WAN.m UMW, OM Mr.,oao ,,w'110 poldor � rava..w.o-ar.dtiblur booms tolmt d.,y.l and would not be able to set a priority or E severity rating. If codes change, the Might""4"'°a Wooing Ege. information collected can be reprocess _1 '. 'oft' -"" !L0.11 without the need to re-inspect, thus b".""'"'"'"' providing longevity of the plan and internal capacity of the City in a cost effective manner. SCOPE OF WORK OVERALL PHASES DAC proposes to execute the project in two phases. Detailed activities and deliverables are provided in the following scope of work description. Phase I:Study and Evaluation-Self-Evaluation/Facility Survey/Barrier Assessment a) DAC will conduct an initial project kick-off meeting, if requested,with selected City of Palm Desert staff to establish roles and lines of communication, refine project goals, review the overall project schedule, schedule surveys of City of Palm Desert facilities and identify key City of Palm Desert personnel related to the project scope. Initial self-evaluation activities will be completed during this step. b) The initial orientation meeting should include an assessment of previous compliance activities and areas of current or potential litigation. The review of compliance activities and high priority areas will assist with the development of an overall project plan. The review and documentation of prior initiatives will also build a more defensible plan if the City is challenged by litigation. c) DAC will conduct field surveys of the buildings and facilities listed in the property schedule, as well as the City maintained public rights-of-way to sidewalks,curb ramps and signalized intersections. d) Surveys will identify all physical barriers(interior and exterior) including the path of travel in and around the facility and from the public right-of-way at each site in accordance with Title 24 of the California Building Code and the ADA Standards(previously referred to as ADAAG). e) DAC currently provides geographical information (latitude and longitude) for each identified exterior barrier in the public right-of-way that can be incorporated into the City's Geographical Information System (GIS). DAC incorporated the map-linked GIS feature based on the needs of many of our City and County clients. DAC uses a comprehensive approach to inspecting public rights-of-way (PROW). In order to conduct an assessment of all the requirements in the PROW, DAC conducts manual measurements of the field conditions and enters the information into our DACTrak pc tablet in the field. DAC has found that the use of automated equipment for running slopes on sidewalks, such as ultra-light profilers,do not provide an actual measurement, but only provide a chart showing ranges. In some cases, if a change in level is greater than%inch,no actual quantifiable information is reported of how much greater or of the severity. In order to get the actual measurements for the sidewalks and intersections,the use of a "profiler" does not provide the measurements needed for items such as automated pedestrian signals and street furniture. Disability Access Consultants Proposal to the City of Palm Desert for ADA Consulting Services—June 20I7 10 DAC f) As required by the ADA, the 2010 ADA Standards will be compared with state codes (Title 24 of the California Building Code) and the standard that provides the greater level of accessibility utilized. As DAC collects as-is field conditions and records all information,data can be reprocessed if codes change without conducting a re-inspection,thus resulting in a significant savings when codes change and the plan needs to be updated. g) Provisions and standards for historic buildings will be applied as appropriate. h) Assessments and reports will include a high degree of detail with photographs, code references, and cost estimates. The DACTrak software and reports will include additional specifics,such as as-built dimensions, progress reports, additional prioritizations, preset reporting features and other custom reports. Reports will be delivered in the format requested, and reports will also be available using DACTrak. The inclusion of photographs showing the as-is condition has proven to be valuable assistance to clients in the formulation of the decisions regarding barrier removal priorities.The DACTrak software provides an easy to use accessibility management platform that exceeds the ability to manage the plan by hard copies and binders. The assessment report of each facility will include cost estimates to correct deficiencies in accordance with the ADA,Title 24 of the California Building Code. i) Barriers are identified by building,floor, or location and given a unique identifier record number(UIN)to assist with navigation in the accessibility software and location of the finding and recommendation by area and site. Estimated applicable costs will be given by item and element in accordance with industry standards. Costs can be easily adjusted to adhere to any cost estimates the City may utilize. j) Physical access problems that require structural solutions will be documented in the Compliance Assessment/Transition Plan. The proposed method for removal will be provided.The transition plan will identify physical barriers that may limit accessibility of City programs,services or activities for individuals with disabilities. The schedule for removal of barriers and appropriate timelines will be developed in consultation with the City. k) The field survey information will be presented to the ADA Compliance Team as requested using the DACTrak web-based accessibility management system. Many different types of reports will be available for the City. Feedback will be incorporated as appropriate. I) The survey data will be compiled into a Transition Plan which will identify actual as-is conditions and prioritize current barriers, provide a schedule for barrier removal, as well as establish procedures for addressing future accessibility issues. The Transition Plan data is able to be exported to Excel or PDF formats. The Transition Plan data will include photographs,findings, recommendations, code references, estimated costs, priority settings(in addition to prioritized report)in accessibility software for accessibility management.Photographs and GIS coordinates are valuable for the development of the transition plan. m) DAC will assist the City to solicit input from members of the community and persons with disabilities. Methods will be utilized to solicit public input may include notices,information on the website and surveys. n) The Transition Plan data will be provided using DACTrak which has management, monitoring, and web- based tracking tools that allow staff to manage current and future accessibility issues, update the deficiency status, and generate reports to show progress in meeting the Transition Plan requirements. Phase II:Implementation Phase-Transition Plan Development a) DAC will develop, in collaboration with the City a comprehensive ADA Self-Evaluation and Transition plan for facilities, buildings, parks and public rights-of-way. b) DAC will develop a first draft of the ADA Transition Plan with recommended priority levels. c) DAC will meet with the City to review the draft document and incorporate any comments, changes or feedback. d) DAC will assist the City to conduct public outreach activities that may include website announcements, postings,surveys,announcements, individual meetings and other activities as requested. e) DAC will prepare and produce a second draft if necessary with a detailed description of the barrier and the proposed method for barrier removal. Disability Access Consultants Proposal to the City of Palm Desert for ADA Consulting Services—June 2017 11 DAC f) DAC will train the City in the use of the DACTrak web-based accessibility management system to prepare reports as well as update and manage the w•,..,,•- mmoximiztzlom ADA Plan. o ' ,„ g) DAC will provide an executive summary of ParIdlm.Eyd. _..thwe P w.. the project. a..,a.a,a Pm..wn.* h) If requested, DAC can present the draft ADA P•*. - ftlbbl Transition Plan at a regularly scheduled " '°"�- '""°`" council meeting for discussion and for "'6"' ,�„"�„__ informational purposes. DAC does not •Clr a� oas recommend that the plan be adopted by the „a z s.• City, as adoption is not required and may cause additional discussion regarding �• projected dates in the plan that are meant to r=i -10C°,* a.I2.2.702 -1 be"projected and estimated dates" and not •d�� final dates of barrier removal. ,,,, C, , i) DAC will provide the City with DACTrak, a a a web-based monitoring,tracking,and management system at project completion. DACTrak allows users to review and update progress in barrier removal, and to generate many different styles of reports to document progress. DACTrak contains one or more integrated photographs that are attached to the finding, eliminating the need to reference another area or report supplement. DACTrak is an actual accessibility management software, not just electronic database of items contained in the Facility Survey Report. DAC has found that an electronic database or Excel format does not provide the City with a tool containing integrated photographs needed to implement the plan, set priorities, make notes and print custom reports. If the City does not want to use the software, the data can be placed in an Excel spreadsheet. • DAC will license DACTrak to the City to manage all of the field data collected, print custom reports, document progress,estimate costs and perform other management functions; • Data collected will be the property of the City should the City decide for any reason not to continue to use the DACTrak accessibility intake and management software system; • The California JPIA, of which the City is a member, has an agreement with DAC to pay for the use of DACTrak; • DACTrak will include and provide correlation with field data collected, reports, transition plans, drawings,code references,estimated costs and photographs for each noncompliant accessibility item or element; • Reference maps for GIS information will be provided in addition to a linked mapping system for each item; • DACTrak provides a description, location and record number for each barrier that allows the user to access the information and location j) DAC will provide City staff with training regarding ADA Compliance from both a programmatic and administrative point of view and also for facility management and maintenance. COST PROPOSAL The total fixed price for the City of Palm Desert is as follows: 1. Survey of City facilities and parks at the following costs: $84,200 1) Civic Center 6) Fire Station#71 2) Civic Center Park and Aquatic Center 7) Parkview Building#1 3) Portola Community Center 8) Parkview Building#2 4) Fire Station#67 9) Corporation Yard and Yard Addition 5) Fire Station#33 10) Desert Willow Clubhouse&Golf Academy Disability Access Consultants Proposal to the City of Palm Desert far ADA Consulting Services-June 2017 12 DAC 11) Desert Rose:Jean Benson Child Care Center 23) Community Gardens 12) Maintenance Building 24) Cahuilla Hills Park 13) Hovely Soccer Park 25) Cap Homme/Ralph Adams Park 14) Palm Desert Early Childhood Center 26) Washington Charter School Park 15) Historical Society Building 27) (3) Hiking Trails:Hopalong Cassidy, Randall 16) Sheriff Sub Station Henderson, Herb Jeffries 17) University Dog Park 28) The Joslyn Center 18) Freedom Park 29) Henderson Building 19) Palma Village Park 30) Palm Springs Art Museum 20) Magnesia Falls City Park 31) Pam Desert Community Center 21) Joe Mann Park 32) Palm Desert YMCA 22) Ironwood Park 33) University Park East Pricing for the Survey of City's Public Rights-of-Way: $73,800 • 170 Miles: (Sidewalks,Curb Ramps,29 APS Intersections) 2. Survey of an estimated 170 miles of City linear sidewalk miles, including sidewalks and curb ramps at a not to exceed cost of$73,800 using the rate of$400 per linear mile of sidewalk and$200/APS intersection. DAC will calculate the number of miles of sidewalk surveyed to calculate a total fee based upon the miles surveyed only. For example, if the amount of sidewalk miles is less than the amount allocated, the City will only be invoiced for the linear miles of sidewalk surveyed. The information from the survey will be placed into DACTrak. Does not include signalized intersections. 3. Review of policies, procedures and programs and assistance with public input at a cost of$5,000. 4. DACTrak Licensing. As a CJPIA member the cost of DACTrak Software licensing is $2,000/year with the first year at no cost to the City. The cost includes unlimited seat licenses and the CJPIA will pay for the first year of licensing. Cost Summary 1.Total Cost for the City of Palm Desert survey of facilities: $84,200 2.Total Estimated Cost for Public Rights-of-Way inspections: $73,800 3.Cost of review of policies, procedures and programs and assistance with public input: $5,000 4. DACTrak licensing cost per year: $2,000 TOTAL $165,000 Disability Access Consultants Proposal to the City of Palm Desert for ADA Consulting Services—June 2017 13 DAC SCHEDULE: SCOPE OF SERVICES SUMMARY BY ESTIMATED TIMELINES Based upon experience, a project milestone chart is provided in weeks. It is estimated that the project will be completed in seven months, or sooner. The following chart is a summary of major milestones and is not necessarily representative of all of the individual project activities. Weeks Weeks Weeks Weeks Weeks Weeks Weeks Scope of Service—Activity or Task 1-4 5-8 9-12 13-16 17-20 21-24 24-28 DAC Team Meetings with City;survey methodologies, deliverables and schedule confirmation Project planning,scheduling, procedures review Field inspection data compiled (compiled on a daily basis and available for review throughout the inspection process) First Draft of ADA Transition Plan Solicit and record feedback from the City, and members of the community Presentation to ADA Compliance Team of second draft ADA Transition Plan Final Draft Deliverables completed and presentation to the City Consultant Responsibilities DAC will arrange all project management activities for an efficient process to develop the ADA Transition plan and provide the City with an anticipated project schedule prior to commencement of work. DAC will perform all work in conformance with current City policies and procedures and carry out the instructions received from the City, in cooperation with other City approved and involved agencies. Additional Information Conflict of Interest Statement DAC does not have any financial, business or other relationship with the City that may have an impact upon the outcome of this contract and does not have any current clients that may have a financial interest in the outcome of this contract. Disability Access Consultants has no conflict of interest with the City of Palm Desert, any associates, representative,consultants, sub consultants,or others. DAC does not have any conditions that would affect our ability to perform the services described in this proposal. DAC does not have any previous, pending or current litigation. Our firm has not been debarred, suspended or declared ineligible to contract with any federal state or local public agency.The firm,owners or president is not in the Federal Excluded parties List System (EPLS) for Ineligible Professionals and Debarred Contractors. Insurance Coverage and Stability Disability Access Consultants carries all the necessary insurance coverage,such as general liability,automobile liability, worker's compensation and employer's liability, and professional errors and omissions malpractice Disability Access Consultants Proposal to the City of Palm Desert for ADA Consulting Services—June 2017 14 DAC liability insurance. DAC has a no claims record on all policies for our entire 19 years in business and does not have any pending, previous or current litigation. DAC has the financial,operational and staff stability to complete a quality and comprehensive project on time. DAC has no adverse conditions. Minority Utilization and Affirmative Action DAC is an equal opportunity employer and has recruited minorities and veterans. DAC's quality control team leader is a Vietnam veteran with a disability. Background Checks and Fingerprinting All employees of Disability Access Consultants have been fingerprinted and have background checks. DAC has FBI and DOJ fingerprint clearances on file for DAC staff. We have conducted studies for school districts, state and local governments,the Federal Government,Judicial Chambers and Correctional Institutions that require background checks. DAC has found that background checks are important especially in situations where inspection staff may be working near children,and are required in certain situations. Disability Access Consultants Proposal to the City of Palm Desert for ADA Consulting Services—June 20I7 I5 DAC Supplemental Materials Sample DACTrak Screen Shots and Information These samples are generated from the DACTrak Accessibility Management web-based software program.The following screen shots are recent examples of the DACTrak Management software prepared for several public entity clients. DACTrak i i,eic,.Katy of La Quints - Prc;- Buildings Project Information • Address:78-495 Calle Tampico La Qulnta,CA 92253 Start Date:7/6/2011 Facly List Boys B.Girls Club 49995 Park Avenue La Quinta,CA 92253 City Of La Quinta Sports Complex Sports Complex La Quints,CA 92253 iCivk Center 78-495 Calle Tampico La Quinta,CA 92253 !Fire Station*Al 54001 Madison Street La Quinta,CA 92253 Fire Station*93 44555 Adams Street La Quinta,CA 92253 r a Quinta Library 78-275 Calle Tampico La Quinta,CA 92253 t a Quinta Museum 77-885 Avenida Montezuma La Quinta,CA 92253 €a(Mintz Senior Center 78-450 Avenida La Fonda La Quinta,CA 92253 t a Quinta YMCA Daycare 49-955 Avenue 50 La Quinta,CA 92253 Upon logging in to New Fire Station(Fire Station 832) 78111 Avenue 52 La Quinta,CA 92253 the secure DACTrak Poke Substation 51351 Avenida Bermidas La Quinta,CA 92253 website, you are able Pubrir Works&Maintenance 78109 Avenue 52 La Quinta,CA 92253 to choose the facility Saver Rock Temporary Clubhouse 79-179 Ahmanson Lane La Quinta,CA 92253 you would like to !Siverrork Maintenance Building 79.600 54 Avenue La Quinta,CA 92253 view and manage. These two screen Fair Oaks Recreation and Parks District shots are examples of Project Information facility lists for two Address :4150 Ternescal Street Fair Oaks,CA 95628 recent public entity Start Date:4/8/2011 transition plan Facility List Arts&Crafts Building 7997 California Avenue projects. Fair Oaks,CA 95628 Bannister Park 3820 Bannister Road Fair Oaks,CA 95628 Community Clubhouse 7997 California Avenue Fair Oaks,CA 95628 District Office 4150 Ternescal Street Fair Oaks,CA 95628 Fair Oaks Park 11549 Fair Oaks Boulevard Fair Oaks,CA 95628 Fair Oaks Preschool 8090 Grand Avenue Fair Oaks,CA 95628 Little Phoenix Park 9041 Phoenix Avenue Fair Oaks,CA 95628 McMillan Center 8020 Temple Park Road Fair Oaks,CA 95628 Miller Park 8480 Sunset Avenue • r-.rr oat, ("A o'e)s Disability Access Consultants Proposal to the City of Palm Desert for AAA Consulting Services—June 20I7 I6 DAC were.',*raver I support I ayp Out F IMP AAk roofs . _ Cfre r.o.fe.por( Ci+ents: x.as;r i'eore Repoli i aCliitl.;S: City of Le Quint La Quints Senior Center uyal Plinio Report flare eummnry RrpT•r[ (IVu. ((111,7 wmmary Ir rpnrt P rnpr.yS IOW." V C W Al Ph_4to't inFaf imn r su R. r 1/Tr• porW COVE."'PAR,. After choosing a trap Ov'rt y Tra[A..,. facility,you are t�FatY ITt"r711atIW7 Photo Rtp.•r[ able to use Reports Address:78-495 Calle ranwIco MI& drop down menu La Quknta CA,92253 to choose which report style to I l; view. You may 1 also choose to view multiple .. ......wilv;iimir_Himit, i, facilities in one report. ate select)r-r...!..:: . . -. •.,h.;••r.' n.ae.the R.port. Clients: 'City of La Quints -I Projects: aukMkngs f-1 This screenshot is Facilities 'La Quints Senior Center •� Locations: IAIF Lacadonsl•I Categories: Irk caceflarres :-1 an example of the Key ward: Priority: home page for a Sort tic •Priority Category ��Location ti Entity Basic Photo Id Num. Report. The sort progress: Resn - Corrected '"�`°D" Not`. °�NNd° 0f and filter panel Cam•ehd Not A..licable allows users to Include Costing Information in this Report..J .mi quickly run reports .k04°T''-. duanci "a that generate Accessibility Survey findings for specified locations or categories,or by progress, priority or resolution status. X 1J+ Disability Access Consultants Proposal to the City of Palm Desert for ADA Consulting Services—June 2017 I7 DAC la Quints Library Doors -Chamber Of Commerce s Door.Hardware Door Between Library& Chamber Of Commerce Push 13er/Lever Crior Ooor O(yrrq Rb�� Finding The door opening force for this duos is greater than allowed. On-Site Finding 10.00 pounds Recommendation Adjust the closer on the door to meet the door opening Force moult ements- Recommendation Up to 5.00 pounds Costing Info(Estimated) Adjust door closer pressure. 525 These two screenshots Code Reference CA I133B-2.5,ADA.104.2-g are examples of a finding page in a Basic Photo Report. This Progress type of report shows Record N her 43596 the user the finding, Progress Not_Started Restitution r�:.rI•• g Projected Date 06/30/2013 Artunl Fare with accompanying Actual Cost 50.00 Priority i. recommendation to contractor c: •rstti No Comments correct the non- La Quinta Museum compliant item,.the Doors -Museum 1st Floor : Door,Hardware associated photo, code Archives 102 reference(s),estimated Lu ve I Dow,,,,,,,orm Mee Opr„„,,PAIR. cast to remove the Finding barrier, and any The door opening force For this door is greater than allowed. progress that has been On-Site Finding. 8.00 pounds - added to update the Recommendation Adjust the closer on the door to meet the door transition plan. opening force requirements. i Recommendation Up to 5.00 pounds Costing Info(Estimated) Adjust door closer pressure. $25 - Code Reference CA 11330.2.5,ADA 404.2.9 Progress Record Number 43936 Progress Not Started Resolution None Projected Date Actual Date Actual Cost 30.00 Priority Two Contractor Comments No Comments Disability Access Consultants Proposal to the City of Palm Desert for ADA Consulting Services-June 2017 18 DAC Fair Oaks Park Path of Travel -Exterior ! Path of Travel,Walking Surfaces Path Of Travel At The Basketball Court This screenshot is an example of a Exterior Walkway Walking Surface Slope Path Of Travel.Welk,n9Surface, : Walking finding page in a surfer.slope Finding Dual Photo Report. There are slopes greater than allowed maximum slope on the primary This type of report path of travel. On-Site Finding 14.70 percent shows the user two Recommendation findings per page, Provide compliant sidewalk. with accompanying Recommended Up to 5.00 percent recommendations Costing information(Estimated) Code Reference. to correct the non Instal!compliant pathway- $1,e40 ADA4.3.7.cA 1f33e 7 3 compliant item,the Record Number: 9881)33 associated photo, Path of Travel -Exterior : Path Of Travel,Walking Surfaces code reference(s), Path Of Travel At The Entrance To The Horticultural Center and estimated cost to remove the Exterior Walkway Walking Surface Slope Path Of Travel,Walking Surfaces walking barrier. Surface Slop. Finding • _ ' 4 There are slopes greater than allowed maximum slope on the primary path of travel. On-Site Finding 6.40 percent _ Recommendation Provide compliant sidewalk. • Recommended Up to 5.00 percent Costing information(Estimated) coo.Newer-me: Install compliant pathway. $1,840 ADA 4.3 7.CA 11338 7 3 Record Number: 9s7s73 Disability Access Consultants Proposal to the City of Palm Desert for ADA Consulting Services—June 2017 19 DAC i The Dual Photo and Basic Photo Reports may be exported to an Excel workbook for easy management of the transition plan data. The Excel workbook exports into a pre-formatted table with the filter function atop each data column. The report is a fully functioning Excel spreadsheet that may be sorted,filtered and manipulated by the user. The column for Picture identification numbers includes cells that are live links to the second tab of the workbook which contains report photos. Clicking the cell fora particular report finding will bring up the associated picture on the Photos tab. ° — A.r. Nara .� q,. ... .^ _-- - ..,.....• — .- __.' .- i Cl, - .....-......-.• ..,... ;t N673tl D6 .J• '. _ !a Er..E s ■ .11 N6:i11►4 N•••,-- •. L5Rs7I • 1 Ma'• . FAA. - 6 ...•A•.i..e...+1.o..er.Ym.rtw•w.................•w..-.,nm..,... ¢ • A 11 e e 1 . • r •r^r . o e e p CI o IS e.r.6•0•.w1..4. a1 • J. s..- a s. .▪.... re▪u. orb.. .... ........... .......... C•••••• ` ..1,.:: ...AMA, IA... :1 bran:be....., e,...»..,.....e rot...-.... •a•n•1• r M..r..y...er•.Y taste. — •...... -.1ra• .w4.606 .........rw. ]ram. - ..rest...• .�pr IAA d• .,,,J1 1 ......,p. 1. Ind,.II. .,r.......PI. •...ma....h0 w,...—I—. - ..pest. ... •..a.Y.. r... ...e..1r .w.rs/..rra.s.11~. • m.a.. w, ..-...• „r,_ ,n.•v,le. «n r,......1..., per.. .. - Ir.Lele.P•1.. i.m....•..rY .-.. . rr nlb 6.6 ...on ..be. craw.• •.e...•.n.a.•• raw.. 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We 1 DAM 1/WA D.tr1ri• Para Ow i D.wse1. 11.136, .u•J oa„ ,,...• Pares 11e reuse I.WM :LL711 0 . tabo UAW.e..,110 a .. a... iS.1w 11b.e tw[•.. ,,1.1Wr 11•.,,1m..uo.n w1r•r Wing*D fle 1 M•• ¢I 111M Own .loner 1W1•.••Pllw0 Push Yer(M .* �:. - •. om.n1 RaltrO.rn N.r V,.1n Ocar.krrwre:Dew Cra. .er.,,,.,.0,..r"l 10.W..oMa 17•014 L...,. sere.. .,,,,,-• e,,,1,,Pei I1 um 117111 ewes loll. 1.301611 Reins L•.•1 ._ - y.- Nona 1411rwm nor WO, II '1 11 4114a 11N0 6e.o.m. inters. fern.. ,arnury 10•111f 1LN0 11.17.6.I brae. Ta.•M• I.Pds.Y aff inir• ri e11e1 11.166 .«tow nn I.rr.u, deue.mom.warm .,..tray . • . s.Qw.t.li6rar, theta (] Y�lerAsH •.ry Pt Ale. (' Disability Access Consultants Proposal to the City of Palm Desert for ADA Consulting Services—June 20I7 20 DAC w.err,.n ,Weyer I w•prm I win exar I fletp DACTrak w.p.m. u Project P.arHollo 1 Clients:ICIty of La Qulnta Prot.KT aln.a.. tidings I.J 1 to-Wry rv,.ar. I Icattlrtta,ajti 'homp.P„'w^•° Users can update Pr o te i Tnfl;rrr►aIlo•r 1 one an le, Address:78-495 Calle Tampico La • rt.Tn.e xnonlT.• progress using the Start Date:7/6/2011 e.t ,rProw.,5lamor Tools drop down 1..1,dal y t atil 1•norny Mannp•r menu. Boys a Cams Club 49995 Park Avenue La Qulnta,CA 92253 • - Of La Qulnta Sports Complex Sports Complex Record Manager La Quinta,CA 92253 Artie Center 78 495 Calle Tampico allows each record La Quinta,CA 92253 to be updated Fire Statism•10 54001 Madison Street La Quinta,CA 92253 individually. I ire Station#93 44555 Adams Street La Qulnta,CA 92253 I.a Qulnta Library 78-275 Calle Tampico Global Progress La Quinta,CA 92253 La Quinta Museum 77-885 Avenida Montezuma Editor allows many La Quints,CA 92253 La Quanta Senior Center 78-450 Avenida La Fonda records to be La Qulnta,CA 92253 I a Quieter YMCA Daycare 49-955 Avenue 50 updated at once La Quinta,CA 92253 with identical New Fire Station(Fire-Stan!37}Stallion 78111 Avenue 52 La Quints,CA 92253 information. Police SulYstation 51351 Avenida Bermidas La Qulnta,CA 92253 Pub&Works lit Maintenance 78109 Avenue 52 PriorityManager Qulnta,CA 92253 'Saver Rock Temporary Clubhouse 79 179 Alenarlson Lane allows many La Qulnta,CA 92253 reelwerrrxk Mahal eneent e Ruirfirrg 79 600 54 Avenue records to be La Quinta,CA 92253 updated at once with unique information. DACTrek r.•3,r,rn �ni. - . . . —O lane,prcjwt,fao ttty.lncnrinn ane ratr.nnry in m 'x-ere he cF Intxi:rs to m-.'r-- Clients: Fair Oaks Recreation and Parks District HI Projects Fair Oaks Recreation and Parks District •I Facilities Fair Oaks Park - Locations: All Locations - Categories All Categories •J Generate List Record Manager Name Deficiency Type Location allows the user Accessible Parking Element Exterior to choose whichBenches Near The Play Area Element Exterior Community Garden Parking Lot Element Exterior record to update 'Continuing Path Of Travel From The Softball Fields To The Skate Park Element Exterior individually. .orb Ramo From The Accessible Saace Near The Play Area Element Exterior Directional Signage From The Public Right Of Way Element Exterior 1 Directional Signage To All Common Areas Element Exterior Drinking Fountain At The Horticultural Cener Element Exterior Drinking Fountain Neat The 13BQ Area Element Exterior Drinking Fountain Near The Restrooms Element Exterior Drinking Fountain Near The Skate Park Element Exterior Drinking Fountain Near The Softball Field Concession Stands Element Exterior Gates To The Community Garden Element Exterior Horticultural Center Element Exterior Left Curb Ramp From The Accessible Spaces Near The Skate Park Element Exterior Mens&Won]ens Restrooms Element Restrooms Mens Restroom Element Restrooms Mans Restroom Element Restrooms Disability Access Consultants Proposal to the City of Palm Desert for ADA Consulting Services—June 20I7 21 DAC lO,.I!!ier Tools 1 > of FadStyr Fax Oaks Park Rock to I}yl ❑nce a record is t'arbRamps-Exterior:CrbRamp chosen in Record Curb Ramp From The accessible Space Near The play Area Manager,the user No Detectable Warnings can set the priority, Finding Curt Ram No Dete4 tat.w Th•curb ramp doe,not pro,cle a CAtacrahIe tram mik surfacr,.+.cn,x select the status of wdes truncated domes. on Site Foaling: Not Found Recommendation progress,add Provdu camplia,t drt.ctaele oairwup to:slat.. ReLomMtmcl d: Sae Above projected and actual Costing Information Provide detectable aim.]t9 Surface.LI44.00 dates of completion LS tauon. Ca 112715.5-a and also document ADA 4.7.7 any notes regarding oft the record. Pnonty CMId Noon.Data.f COmpleatm Per root started 1-1 actual date of Completion P*Sal. Actual Cost N.e Comment Drinking Fountains-Exterior:Drinking Fountains Drinking Fountain ttear The skate Park Clear Floor Space Slope Finding Drink i •Fot,rltains:Clef Fir. •ace$I..- The Clear Floor Spars,Slope Is not COMM lent. On Site Finding: 8 40 percent • Recommendation - Provide compliant Clear Floor Space at the drinking fountain. Recon ,erdeC: Up to 2.00 percent sews_ CoatingInformation (None)soot • Citatiora ADA 4.15.5 This screen shot represents an example - of a record with 1 • = progress, updates and Drinking Fountain rqt operational at time of inspection. comments added. Priority l Projected Date of Completion 61112011 Prowess ICermletea •I Actual Date of Completion 7/812011 Resolution !Corrected .-I Athol Cast 565,33 Rea Comment Slope corrected and verified to be corpliant by inspector #36 Repair crass area near fountain.I Update Cancel Disability Access Consultants Proposal to the City of Palm Desert for ADA Consulting Services—June 2017 22 DAC DACTrok sepses Tools 'This is an example of Client:: Fair Oaks Recreation and Parks Illstdct • eini,.r. Fair Oaks Recreation and Parks District • Global Progress Editor, facilities; Lair Oaks Parts HI Le a t i•:ii.• All Locations ' where the user may Catveorl Passenger loading Zones __--r 1 :GEna'ale Lilt Actualselect many records to Location Element Description Finding Progress Projected Completion Completion Date Completionupdate at one time. In r Extennr Passeitiifir Loading Zone There Is leer than the minimum required At The horticultural Center length in the access aisle at the passenger this example,the halting Zone. r1 Exterior Passenger Loading Zone The slope of the asphalt suii,rce for the category has been At the Horticultural Center access aisle at the polseitger loading reic Is • greater than 2%. E.txterlor Passenger Loading Zone There is no slgnage designating accessibility filtered to Passenger At The Horticultural Center posted at the pa sender loading zone. :r-Exterior Passenger Loading Zone There are n°detr'r,able warningdevkes Loading Zones using the At The Horticultural Center provided at the passenger loading Mlle. T axterlor Passenger Loading Zone There is no slgnage designating accessibility Categories drop down Near The Pnstrooms posted at the passer ger Wading zone. :[Exterior Passenger Loading Zone The slope of the asphalt surface for the Near The Reetmoruis a.... aisle at the passenger loading lone Is menu. greater than 2%. J ;E:j Exterior Passenger Lording Zone There are curbs between the access aisle and ` Near The ReStrgorno the vehicle pull-rip space. Projected Darr•. li clear ... . e ... . Actual Dnln Clear -,-..,3._ e,.-�.Fair ..�,.:p..,..• -� Priority. Progress: n Resohrtlnn; ® SBI T OACTrvk x n Ns wua Ta . This is an example of ▪ 1.Filet MeWMcetdiaam,dock rateList•toM.co,O.deFir•roceE„you Ar„twrnWit Priority Manager,where IClients: [City of La 4uinta •1 Projects: I Buildings 1'1 the user may select 1Fxlfltles: 'Sliver-rock Maintenance Building -•.I locations: 1Ai1 Locations-1 "Categories; I5inks -1 Gene43lefli many records to update on Pru;isted Adual with unique information ■location Llempii Finding Site Priority Progress Resolution Compaction Completion C°'t ytontractw rlru riptiun �mdin Elate Dale Reaprin.atiil rn Interior llalntor-:ir,•r�Rink rifler:S 7] r,,,,e . fauna • non. .1 So.e - from one screen. The Ba heivhI AK.],,••. riot user may select compliant. 17:interior MaintenanceThe height 55.75 JnarAtai,. -11narw .1 Le='. -i progress information Bay of the inches a controls and operating from the drop down mechanisms for the menus and enter dates dispenser is riot at the correct for each line item. All height. ©Interior Maintenance The height °9.I50 i •Urte a 7II.... -1 1i°� 'r information is updated of the inc n controls and —� operating with one click of the mechanisms for the Submit button. in this dispenser is not at the correct example,the category heavily. -, r::x rr,mcx:s hoot rr wr warn.x.d-rrt. ..•vr r.•:. has been filtered to .,..l.aoe oral Peal Lw.r. Sinks using the Categories drop down menu. Disability Access Consultants Proposal to the City of Palm Desert for ADA Consulting Services—June 2017 23 DAC When GPS information is recorded for the location of an outdoor finding, such as the sidewalk report below,a Map Overlay report is available to view on DACTrak. This report shows a map of the area where the survey was performed, and pinpoints the location of the finding. Clicking on the pinpoint brings up a screen showing the finding, recommendation to bring the item into compliance,a photo of the finding and the associated code references. 4- ear It.OwDeal,.empeot o Ir r� a - . __ •cant.: lc ty 0114(AMU - -Id vac1 jai •1 FaCrehbw IdFK•y Plac• 14 LnCaev.. l4 Looatnrr.•l Cabe rrs. lu Ca•gone• W Q' Merit., ! .. •Key*IOC I • 543e1 gy' w PAen{y t Category t)tacate.ti 4nety 1(orr Pi07 tea: pr Corrected wrsia•kFpo-' Not Corrected�Not tea. 71111 Egara•Nph5a7i=seeraxtFrp-.::•a-,•a-.fl,:::t: Ix ! • — ...� deco•?iege:vie re JP'J:'i pace, • ,. •eee•n-91:..Sec_ — k . `^ ..x=ok crc. C.••'F _ :rE..r._ • . arT��"�•-_.. .._ �� • ` r . .. . .-:. r-...-rs • •••. leo.. \ : _T.. ,......fi•••,- MCP'''; 11:7-:.....4" it - yyam...r. ..__...J�. • w.$ el • RI ••/®y p.F d*nking Fountain. II=,,hinq vier+Irrte,orl n�. IP-.r•k if,? ■ ,i Y Pain II Travel ®SIdenn••®I rail El.•• Disability Access Consultants Proposal to the City of Palm Desert for ADA Consulting Services—June 2017 24 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT for Professional Services("Agreement") is made this day of March 14, 2017 ("Effective Date")by and between the California Joint Powers Insurance Authority("Authority") and Disability Access Consultants("Consultant") (together sometimes referred to the "Parties"). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to Authority the services described in the Scope of Work attached as Exhibit A, and incorporated here. Such work shall be provided at the time and place and in the manner specified in Exhibit A. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A,this Agreement shall prevail. 1.1 Terri of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2018. Consultant shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the Authority's right to terminate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner including the necessary expertise or knowledge of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the project representative. 1.3 Assignment of Personnel.Consultant shall assign only competent personnel to perform services pursuant to Agreement. In the event that Authority, in its sole discretion, at any time during the tenor of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from Authority of such desire of Authority, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant's obligations hereunder. 1.5 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Authority's project representative. 1.6 Eligible Recipients of Services.Authority members will receive a funding allowance toward ADA assistance level services as outlined under the scope of this agreement. Additional services outside of the ADA assistance level services shall be at the agreed upon hourly rate of$98 per consultant.All members of the Authority are eligible, including but not limited to: 3/14/17 FINAL ❑AC/JPIA Page 1 City of Agoura Hills,Agoura Hills/Calabasas Community Center, City of Aliso Viejo, Town of Apple Valley, Area B Disaster Management, Area E Disaster Management, City of Arroyo Grande, City of Artesia,City of Atascadero, City of Azusa,City of Bell Gardens, City of Bellflower, Big Bear City Community Services District, Big Bear Fire Authority,City of Big Bear Lake, City of Bishop, Black Gold Cooperative Library System,City of Bradbury, City of Brawley,City of Buellton,City of Calabasas,City of Camarillo, City of Carpinteria, City of Cerritos, City of Chino Hills, City of Claremont, Coachella Valley Association of Governments, Coachella Valley Conservation Commission, Coastal Animal Services Authority, City of Commerce, City of Dana Point, Desert Recreation District, City of Diamond Bar,City of Duarte, Eastern Sierra Transportation Authority, City of El Centro,City of Fillmore, City of Fountain Valley, Gateway Cities Council of Governments, City of Goleta, City of Grand Terrace, City of Grover Beach, City of Guadalupe,City of Hawaiian Gardens, City of Hidden Hills,City of Imperial, City of Indian Wells,City of Indio, City of Irwindale,City of La Canada Flintridge, City of La Habra Heights, LA IMPACT, City of La Mirada, City of La Palma, City of La Puente, City of La Quinta, City of La Verne, City of Laguna Niguel, City of Laguna Woods, City of Lake Elsinore, City of Lake Forest, City of Lakewood, LA-RICS, City of Lawndale, City of Loma Linda, City of Lomita,City of Malibu, Town of Mammoth Lakes,Midpeninsula Regional Open Space District,City of Mission Viejo, City of Monrovia, Monterey Peninsula Regional Park District, City of Moorpark, City of Morro Bay, Mountain Area Regional Transportation Authority,City of Needles,City of Norwalk, City of Ojai, Orange County Council of Governments,City of Palm Desert, City of Palos Verdes Estates,Palos Verdes Peninsula Transit Authority, City of Paramount, City of Paso Robles,City of Pico Rivera,City of Pismo Beach, Pomona Valley Transportation Authority,City of Port Hueneme, City of Poway,City of Rancho Palos Verdes,City of Rolling Hills, City of Rolling Hills Estates, City of Rosemead, City of San Clemente, City of San Dimas, City of San Gabriel, City of San Juan Capistrano, City of San Luis Obispo, City of San Marcos,City of San Marino, City of Santa Fe Springs, City of Santa Paula, City of Seal Beach,City of Seaside, Seaside County Sanitation, City of Sierra Madre, City of Signal Hill, City of Solvang, City of South El Monte, Southeast Area Animal Control Authority, Southern California Association of Governments, City of Temple City, Ventura Port District, City of Villa Park,City of Walnut, West Cities Police Communication Center,City of Westlake Village, Section 2. COMPENSATION. Authority hereby agrees to pay Consultant in accordance with the payment schedule as set forth in Exhibit B, attached hereto and incorporated herein by reference as though set forth in full,based upon work completed, as defined in Exhibit A. In the event of a conflict between this Agreement and Exhibit A,regarding the amount of compensation, this Agreement shall prevail. Authority shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from Authority to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to Authority in the manner specified herein, Except as specifically authorized in advance by Authority, Consultant shall not bill Authority for duplicate services performed by more than one person. 3/14/17 FINAL DAC/PIA Page 2 2.1 invoices.Consultant shall submit invoices during the term of this Agreement, based on the work completed, and within 30 days. All work billed shall be on a per member basis, with an itemized detail of services performed. 2.2 Payment.Authority shall make monthly payments,based on invoices received, for services satisfactorily performed,and for authorized reimbursable costs incurred. Authority shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. 2.3 Total Payment. Authority shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. Authority shall make no payment for any extra, further, or additional service pursuant to this Agreement. 2.4 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes. 2.5 Payment upon Termination. In the event that the Authority or Consultant terminates this Agreement pursuant to Section 8, the Authority shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. Section 3. EQUIPMENT. Except as otherwise provided, Consultant shall, at its sole cost and expense,provide all supplies and equipment necessary to perform the services required by this Agreement. Section 4. INSURANCE REQUIREMENTS. Without limiting Consultant's indemnification of Authority, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to Authority. 4.1 General Liability Insurance, Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO"insured contract" language will not be accepted. 4.2 Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as insurance Services Office form CA 00 O1 covering bodily injury and property damage for ail activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. 3/14/17 FINAL DAC/PIA Page 3 4.3 Professional Liability(Errors & Omissions) Insurance.Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of$1.,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. 4.4 Workers' Compensation Insurance.Consultant shall maintain Workers' Compensation Insurance(Statutory Limits)and Employer's Liability Insurance(with limits of at least $1,000,000). 4.5 Proof of Insurance. Consultant shall provide certificates of insurance to Authority as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by Authority's risk manager prior to commencement of performance. Current certification of insurance shall be kept on file with Authority at all times during the term of this contract. Authority reserves the right to require complete,certified copies of all required insurance policies, at any time. 4.6 Duration of Coverage. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives,employees or sub-consultants. 4.7 Primarv/Noncontributin2.Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by Authority shall not be required to contribute with it.The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of Authority before the Authority's own insurance or self-insurance shall be called upon to protect it as a named insured. 4.8 Authority's Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, Authority has the right but not the duty to obtain the insurance it deems necessary and any premium paid by Authority will be promptly reimbursed by Consultant or Authority will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, Authority may cancel this Agreement. 4.9 Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI 3/14/17 FINAL ❑AC/JPIA Page 4 (or larger)in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the Authority's risk manager. 4.10 Waiver of Subrogation.All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against Authority, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against Authority, and shall require similar written express waivers and insurance clauses from each of its sub-consultants. 4.11 Enforcement of Contract Provisions (Non Estoppel).Consultant acknowledges and agrees that any actual or alleged failure on the part of the Authority to inform Consultant of non-compliance with any requirement imposes no additional obligations on the Authority nor does it waive any rights hereunder. 4.12 Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage,or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the Authority requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Authority. 4.13 Notice of Cancellation.Consultant agrees to oblige its insurance agent or broker and insurers to provide to Authority with a thirty(30) day notice of cancellation (except for nonpayment for which a ten(l 0) day notice is required)or nonrenewal of coverage for each required coverage. 4.14 Additional Insured Status. General liability policies shall provide or be endorsed to provide that Authority and its officers, officials,employees, agents, volunteers, and members shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. 4.15 Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to Authority and approved of in writing. 4.16 Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the 3/14/17 FINAL DAC/JPIA Page 5 insurer's limits of liability. The policy/policies shall not contain any cross-liability exclusions. 4.17 Pass Through Clause. Consultant agrees to ensure that its sub-consultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant,provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants,subcontractors, and others engaged in the project will be submitted to Authority for review. 4.18 Authority's Right to Revise Specifications.The Authority reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90)days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the Authority and Consultant may renegotiate Consultant's compensation. 4.19 Self-Insured Retentions.Any self-insured retentions must be declared to and approved by Authority. Authority reserves the right to require that self-insured retentions be eliminated, lowered,or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by Authority. 4.20 Timely Notice of Claims. Consultant shall give Authority prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. 4.21 Additional Insurance.Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Section 5. INDEMNIFICATION Consultant shall indemnify, defend with counsel acceptable to Authority and hold harmless the Authority and its officials, officers, employees, agents,members, and authorized volunteers from and against any and all losses, liabilities,claims,suits,actions,arbitration proceedings,administrative proceedings,regulatory proceedings,damages and expenses of any kind, whether actual or threatened, (including but not limited to attorneys' fees and costs,court costs,interest defense costs, and expert witness fees)where the same arise out of, are a consequence of or are in any way attributable to, in whole or in part, the performance of this Agreement(or the failure to perform)by Consultant or by any individual or entity for which Consultant is legally liable,including but not limited to officers, agents, employees or subcontractors of Consultant. Such indemnification,defense and hold harmless extend to Consultant's provision,use,transport and storage of hazardous materials,as those commonly are defined under state and federal laws and regulations. 3/14/17 FINAL DAC/JPIA Page 6 The foregoing obligation of Consultant shall not apply when(1)the injury, loss of life, damage to property or violation of law arises wholly from the negligence or willful misconduct of the Authority or its officers, employees, agents,members, or authorized volunteers and(2) the actions of Consultant or its employees, subcontractors or agents have contributed in no part to the injury,loss of life,damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by Authority of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. Section 6. STATUS OF CONTRACTOR. 6.1 Independent Contractor.At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of Authority. Authority shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however,otherwise Authority shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Notwithstanding any other Authority,state, or federal policy,rule,regulation, law,or ordinance to the contrary, Contractor providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit,or any incident of employment by Authority, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS)as an employee of Authority and entitlement to any contribution to be paid by Authority for employer contributions and/or employee contributions for PERS benefits. It is understood by the parties that Contractor is independent and does not constitute a common law(employer-employee) relationship and said agreement is exempt for the post-retirement employment requirements. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law.The laws of the State of California shall govern this agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state and federal laws and regulations applicable to the performance of the work hereunder. 7.3 Licenses and Permits. Consultant represents and warrants to Authority that Consultant and its employees, agents, and any subcontractors have all licenses,permits, qualifications, and approvals of whatsoever nature that is legally required to practice their respective professions. Consultant represents and warrants to Authority that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in 3/14117 FINAL DAC l IPiA Page 7 effect at all times during the term or this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from Authority. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. Authority and Consultant hereby agree that this Agreement may be cancelled upon 30 days'written notice. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; Authority, however,may condition payment of such compensation upon Consultant delivering to Authority any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the Authority in connection with this Agreement. 8.2 Extension. Both parties agree that extending the Agreement beyond that provided for in Subsection 1.1 may be in the best interest of all concerned. Any such extension shall require a written amendment to this Agreement, as provided for herein. Authority and Consultant understand and agree that, if both parties agree to such an extension,all tenns and conditions of the original Agreement shall remain the same,and extended to the date provided for in said amendment. 8.3 Amendments.The parties may amend this Agreement only by a writing signed by all the parties. 8.4 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between Authority and Consultant shall survive the termination of this Agreement. 8.5 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, Authority's remedies shall include, but not be limited to,any or all of the following: 8.5.1 Immediately terminate the Agreement; 8.5.2 Retain the documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.5.3 Retain a different Consultant to complete the work described in Exhibit A not finished by Consultant; or 8.5.4 Charge Consultant the difference between the costs to complete the work described in Exhibit A that is unfinished at the time of breach and the 3/14/17 FINAL DAC/JPIA Page amount that Authority would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant's Performance. All reports,data, maps, models, charts, studies, surveys,photographs,memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder, shall be the property of the Authority. Consultant hereby agrees to deliver those documents to the Authority upon termination of the Agreement. 9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the Authority under this Agreement for a minimum of three(3) years,or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records.Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of, the Authority. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of Authority or as part of any audit of the Authority, for a period of three(3) years after final payment under the Agreement. Section 10. MISCELLANEOUS PROVISIONS. 10.1 Attorneys' Fees. If either party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys'fees in addition to any other relief to which that party may he entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in Orange County. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 3/14/17 FfNAL OAC/JPIA Page 9 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns.The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 10.6 Consultant Representative. All matters under this Agreement shall be handled for Consultant by Barbara Thorpe. 10.7 Authority Contract Administration.This Agreement shall be administered by Norman Lefinann("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his designee. 10.8 Notices. Any written notice to Consultant shall be sent to: Barbara Thorpe, President/CEO Disability Access Consultants 2243 Feather River Boulevard Oroville, CA 95955 Any written notice to Authority shall be sent to the project representative, Abraham Han. 10.9 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between Authority and Consultant and supersedes all prior negotiations, representations,or agreements, either written or oral. 10.10 Counterparts.This Agreement may be executed in multiple counterparts,each of which shall be an original and all of which together shall constitute one agreement. The Parties have executed this Agreement as of the Effective Date. AUTHORITY CONSULTANT Jo hull,Chief Executive 0 cer Barbara Thorpe. President/CEO 3/14/17 FINAL DAC/JP!A Page 1b EXHIBIT A SCOPE OF SERVICES Consultant will provide the necessary professional services: 1. Assistance Level 1: Member Assessment and Overall Diagnostic Profile Consultant will perform an assessment to determine the current level of ADA compliance, in accordance with Title II of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act and Title 24 of the California Building Code, and plan a course of action to enhance compliance. Consultant will review the initiatives of the Member to assess whether the Member has met any or all of the mandatory compliance requirements of the ADA, Section 504 of the Rehabilitation Act and Title 24 and related accessibility standards and requirements. If, after review, it is determined that the member needs to complete or revise any of the required compliance components, Consultant will provide a recommended compliance plan that may include other assistance-level options. All members participating in the Authority's ADA Assistance Program shall receive Assistance Level 1 by default. Following is a list of items determined during an assessment: • An ADA coordinator has been designated, noticed, and posted. • Each site has a current transition/barrier removal plan that meets the requirements under Title II 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"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. 2. Assistance Level 2: Inspection of Sites, Development of Transition/Barrier Removal Plans Consultant will inspect sites that may be new or not inspected previously,or have had extensive modernization or major remodeling. Work 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 Consultant's accessibility management software. 3/14/17 FINAL ❑AC/JPIA Page 11 As part of Assistance Level 2, Consultant will provide training regarding the use of the management portion of DACTrak. Assistance Level 2 does not include comprehensive training in the use of DACTrak for the member to collect their own data. 3. Assistance Level 3: Self-Evaluation of Policies, Procedures, Practices 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. 3/14/17 FINAL SAC/JPIA Page 12 EXHIBIT B RATES AND SCHEDULE OF PAYMENTS Billing and Reimbursement: 1. Assistance Level 1: Member Assessment and Overall Diagnostic Profile The rate for this assistance level is a total one-time charge per member of$2,800, which includes all expenses. 2. Assistance Level 2: Inspection of Sites, Development of Transition/Barrier Removal Plans The hourly rate is $98 per consultant,plus actual expenses. Any amounts for services provided beyond the$16,500 per-member funding allowance will be billed to Authority for payment. DACTrak Software License Members that have DAC perform inspections of all facilities and public rights of way (Assistance Level 2) shall receive a one-year DACTrak software license at no cost to either the member or the Authority. In all other instances,the Authority shall pay the first year of the DACTrak software Iicense fee for the member. Any DACTrak software license fees beyond the first year shall be paid by the member and not by the Authority. The DACTrak annual software license fee is$2,000. 3. Assistance Level 3: Self-Evaluation of Policies,Procedures,Practices The hourly rate is$98 per consultant,plus actual expenses. For amounts for services provided beyond the$5,000 per-member funding allowance will be billed to Authority for payment. 4. Expenses Reasonable, actual expenses will be charged as authorized by Authority and may include mileage at the IRS rate, hotel, meals,rental car, airfare (no first-class flights)and travel time. 3/14/17 FINAL DAC/]PIA Page 13