HomeMy WebLinkAboutHA35980 - CJPIA - Participation in the ADA PgrmCONTRACT NO. HA35980
PALM DESERT HOUSING AUTHORC 1
STAFF REPORT
REQUEST: APPROVAL OF A MEMORANDUM OF UNDERSTANDING BETWEEN
THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY AND
THE PALM DESERT HOUSING AUTHORITY, AUTHORIZING
PARTICIPATION IN AN ADA ASSISTANCE PROGRAM, IN THE
AMOUNT OF $70,600.
SUBMITTED BY: Stephen Y. Aryan, Risk Manager
DATE: March 23, 2017
CONTENTS: 1. CJPIA Memorandum of Understanding
2. DAC Proposal
3. DAC Agreement with the CJPIA
Recommendation
By minute motion, approve a Memorandum of Understanding between the California Joint
Powers Insurance Authority and the Palm Desert Housing Authority authorizing
participation in an ADA Assistance Program, in the amount of $70,600.
Commission Action
On March 8, 2017, the Palm Desert Housing Commission unanimously recommended approval
of this item.
Strategic Plan Objective
This item relates to the Land Use, Housing & Open Space section of the Palm Desert Strategic
Plan, specifically under Priority 2: Facilitate development of high -quality housing for people of all
income levels. The priority's strategy is to develop creative and innovative zoning and incentives
to promote a variety of high -quality residential developments that will also encourage a balance
between housing and jobs. A comprehensive review of the City's compliance with the Americans
with Disabilities Act within its public housing properties will help ensure high quality housing units
for all residents, including those with disabilities.
Executive Summary
The Americans with Disabilities Act (ADA) is a civil rights law that protects people with different
types of disabilities from discrimination in all aspects of their lives. More specifically, Title II of the
ADA requires that all programs offered through state and local governments, such as the City of
Palm Desert/Palm Desert Housing Authority, be accessible and usable to people with disabilities.
The Palm Desert Housing Authority's properties require a formal and comprehensive analysis of
their ADA compliance. The California Joint Powers Insurance Authority (CJPIA), of which the City
is a member, initiated an ADA Assistance Program to help its members achieve such compliance.
The CJPIA retained the services of Disability Access Consultants ("DAC") to survey facilities,
provide a transition plan, and conduct a self -evaluation of internal ADA policies, procedures, and
Staff Report: CJPIA ADA Assistance Program -Housing Authority
March 23, 2017
Page 2 of 4
practices for its members. The cost to provide these services for the Housing Authority's
properties is $70,600.
ADA compliance reduces the City/Authority's exposure to potential lawsuits and substantial
penalties and, more importantly, ensures that people with disabilities or limited mobility have full
and equal enjoyment of public facilities. A similar proposal for City facilities and the public rights -
of -way is presented within the proposed FY 2017-18 City budget. Staff wishes to move forward
with the review of the Housing Authority's properties this fiscal year because these locations,
being year round residences, potentially have significantly more liability exposure.
Discussion
The Americans with Disabilities Act (ADA) of 1990 is a civil rights statute that prohibits
discrimination against people with disabilities. Access to civic life by people with disabilities is a
fundamental goal of the ADA.
To ensure that this objective is met, Title II of the Act requires State and local government to
make their programs and services accessible to persons with disabilities. There are several
requirements under Title II, but some key administrative requirements include designating a
person responsible for all ADA activities and conducting/implementing a self -evaluation and
Transition Plan.
Designing and constructing facilities for public use that are not accessible by individuals with
disabilities constitutes discrimination. The Act applies to all facilities, regardless of when they
were built. It is also important to note that ADA protection extends not only to individuals who
currently have a disability, but also to those with a record of a mental or physical impairment.
As a necessary step to provide accessibility under the ADA, local governments are required to
perform a self -evaluation review identifying all policies, practices, and procedures that govern a
public entity's programs, activities, and services. The goal of the self -evaluation is to identify
items that could be considered as discriminatory, and modify all policies, practices and
procedures to ensure compliance.
The development of a Transition Plan is also required addressing any deficiencies and requiring
periodic updates until all accessibility barriers are removed. Examples of such barriers include,
but are not limited to, ramps with high slopes, difficult to open doors, narrow aisles/doorways, and
high counters. Public entities must develop a transition plan when structural changes to existing
facilities are necessary in order to make a program, service or activity accessible to persons with
disabilities. A Transition Plan is intended to achieve the following results:
1. Identification of physical obstacles that limit the accessibility of facilities to individuals with
disabilities;
2. A description of the methods used to make the facilities accessible;
3. Providing a schedule for making any access modifications; and
4. Identifying the public official(s) responsible for Transition Plan implementation.
While improvements are identified in a Transition Plan, the City/Housing Authority still maintains
flexibility to implement changes based upon their feasibility.
Staff Report: CJPIA ADA Assistance Program -Housing Authority
March 23, 2017
Page 3 of 4
Housing Authority properties are in need of a formal comprehensive review concerning their
compliance with the Americans with Disabilities Act (ADA). While compliance with the ADA can
be a costly endeavor to undertake, non-compliance can be an even costlier position. Enforcement
of the ADA can be enacted by private individuals bringing lawsuits to enforce their rights under
Title II. Individuals may also file complaints with federal agencies, including the Department of
Justice (DOJ) and the Department of Transportation. The DOJ can file lawsuits in federal court to
enforce the ADA and may obtain civil penalties of up to $55,000 for the first violation and
$110,000 for any subsequent violation.
The 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 and its
Housing Authority.
The CJPIA recently developed an ADA Assistance program with the purpose of providing its
members with technical and financial resources, in their efforts to comply with federal and state
ADA laws. Recognizing the importance of such compliance, the CJPIA's Executive Committee
approved a program 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 DAC to provide ADA consulting services. Founded in
1998, DAC has assisted public entities in complying and implementing accessibility requirements
in accordance with the ADA and federal, state and local disability related nondiscrimination laws
and regulations. DAC has conducted over 15,000 building inspections, surveyed thousands of
parks, playgrounds, and miles of sidewalks, and performed numerous programmatic reviews and
self -evaluations. The different types of assistance levels provided by DAC are as follows:
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 previously funded this assistance level in its
entirety, with no contribution from the City/Housing Authority.
Level 2: Inspection of Sites, Development of Transition/Barrier Removal Plan
This service provides members with inspection of sites that may be new or not inspected
previously, or that have had extensive modernization or major remodeling. The service will
include inspection of member facilities, the public rights -of -way, and identification of barriers to
accessibility. Solutions to remove these barriers and incorporation of the information into
accessibility management software called DACTrak will also be provided. Following training, the
City/Housing Authority will be able to license DACTrak to update and manage the current plan.
The CJPIA will fund the first year of licensing and training the DACTrak software. The
City/Housing Authority is responsible for any required equipment and licensing costs beyond the
first year ($2,000 annually).
Staff Report: CJPIA ADA Assistance Program -Housing Authority
March 23, 2017
Page 4 of 4
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. DAC will identify any deficiencies and
recommend corrective action; however the City/Housing Authority will be responsible for any
modifications.
Staff recommends moving forward with a comprehensive ADA review of all Housing Authority
properties. Such action will reduce the City/Housing Authority's potential liability from ADA non-
compliance and ensures equal public enjoyment of and access to these facilities. Without a
comprehensive assessment, staff can only react to problems, rather than anticipate and
recommend future corrective action.
Fiscal Analysis
Funds are available in the appropriate Palm Desert Housing Authority operational budget in the
cumulative amount of $70,600. No additional appropriation is currently requested.
Submitted By:
Stephen`Y. Aryan, Risk `Manag
Reviewed By:
BY HOUSG AUTH 5 _O
VE R FI E D BY:
______04chrial on file with City 'Jerk's OficF
11 j5ritc.11i ti , 'fie
ri Carney, Dir= tor of H - an Resources
Jan lkore, Director of Finance/City Treasurer
Approval:
Lauri Aylaian, Executive Director
CONTRACT NO. HA35980
(.-AI I I O1 iA
I • I' I • l
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 November 12, 2015 of which
MEMBER shall be considered a third party beneficiary to that agreement, and including any
addenda thereof. Copies of the agreement and any addenda thereof are attached hereto as
Exhibits "A" and "B" respectively 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, $70,600 (housing authority
as per attached DAC written proposal items only)
2. Total program funding provided by CJPIA to be
paid directly to DAC on behalf of MEMBER
for the aforementioned work
3. Total amount owed by MEMBER, representing
difference between Line 1 and Line 2, which
will be billed by CJPIA
[MEMBER authorized representative name, title]
[California JPIA authorized representative name, title]
$0
$70,600
Date
Date
Attachments: DAC Proposal, DAC Professional Services Agreement (including any addenda)
C.AI I FI)RNIA JOIN I I'() VI-RS I NSUI-ANC:f AIr ',Wit! I Y
City of Palm Desert
Proposal for Accessibility Services
AMERICANS WITH DISABILITIES ACT (ADA) SELF -EVALUATION AND
TRANSITION PLAN:
ADA COMMON AREAS OF PALM DESERT APARTMENT HOUSING
UPDATED —ADA SURVEY OF PALM DESERT APARTMENT HOUSING — March 2, 2017
Disability Access Consultants
2243 Feather River Blvd
Oroville, CA 95965
DAC
COVER LETTER
February 6, 2017
Updated March 2, 2017
To:
Mr. Mark Greenwood
Public Works
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's ADA common areas of their Apartment Housing.
As you may be aware, under Title II 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 17 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
15,000 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 1
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 18 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 25 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
Self Evaluations and Transition Plans, implementation and related
services.
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 18 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
• 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
• 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 Oroville
• 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. lithe 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.
Welcome. mboga 1 Support i Sign Out & Help
Select a Client:
I City of La Quinta
Project Portfolio for City of La Quinta
City of Lagointa
Intersections
Parks
Sidewalks
Trails
Buildings
Disability Access Consultants Proposal to the City of Palm Desert for ADA Consulting Services 4
PROJECT TEAM STAFFING AND RESUMES
Disability Access Consultants (DAC) has a dedicated team of fourteen 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.
Srikant Talasila
Director of IT
City Contacts
City of Palm
Desert
Barbara Thorpe
Project Manager
Michael Boga
CASp-152, ICC
Facility Team Leader /
Quality Control
Candice Pursch
Field Inspection Supervisor
Field Inspectors (4-6)
Jennie Grover
Director of
Operations
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 Director of Human
Resources 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 200 public entity projects that are similar to the City.
Disability Access Consultants Proposal to the City of Palm Desert for ADA Consulting Services
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 DSA 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 260 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 Fountain Valley • ADA Self -evaluation and transition plans of buildings, parks,
Temo Galvez intersections, sidewalks and public rights -of -way. The City was
Deputy City Engineer provided DACTrak Accessibility Management Software to
10200 Slater Avenue manage the implementation of the plan, document resources
Fountain Valley, CA 92708 needed and document progress.
Phone: (714) 593-4517 • The ADA Self -Evaluation of programs, services and activities to
Temo.galvez(Wfountainvallev.ore determine if any were discriminatory for individuals with
disabilities was completed by DAC.
Contract End Date: May 2011-Ist Contract; additional 2014 work
Contract Amount: $125,000
Disability Access Consultants Proposal to the City of Palm Desert for ADA Consulting Services 6
City of Palos Verdes Estates
Sheri Repp Loadsman
Planning and Building Director
340 Palos Verdes Drive West
Palos Verdes Estates, CA 90274
Phone: (310) 378-0383
srepp@ pvestates.org
City of Claremont
Jeff Baughman
Building Official
207 N Harvard Avenue
Claremont, CA 91711
Phone: (909) 399-5477
srepp@pvestates.org
County of Butte
Grant Hunsicker
Director of General Services
2081 2"d Street
Oroville, CA 95965-3413
Phone: (530) 538-2511
Ghunsicker@buttecountv.net
County of Solano
Rosa Lane, PhD, AIA, LEED AP
Associate County Architect
Division of Architectural Services
675 Texas Street, Suite 2500
Fairfield, CA 94533
Phone: (707) 784-7908
rmlane@solanocountv.com
• ADA Self -evaluation and transition plans of buildings, parks,
golf course, pools, parking Tots, concessions, and public rights -
of -way.
• The City was provided DACTrak Accessibility Management
Software to manage the implementation of the plan,
document resources needed and document progress.
• DAC is assisting with the development of an ADA Self -
evaluation
• DAC is providing assistance to the City for analysis of City vs.
private entity upgrade obligations of leased sites.
Contract End Date: 2014, consultation in 2015
• Contract Amount: $52,300
• DAC provided ADA Self -evaluation and transition plans of
buildings, parks, intersections, roadways, sidewalks and public
rights -of -way.
• The City was provided DACTrak Accessibility Management
Software to manage the implementation of the plan,
document resources needed and document progress.
• 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.
Contract End Date: 2014
• Contract Amount: $112,500
• DAC is currently working with the County to inspect County
facilities for compliance with the Americans with Disabilities
Act and California Building Code.
• DAC is also performing a review of County policies, grievance
procedures and public notices to evaluate their compliance
with the ADA and suggest alternatives if necessary.
• DAC is assisting the County in developing their updated
transition plan.
• DAC has provided training to County staff on ADA compliance,
methods for reasonable accommodations, and effective
communications with individuals with disabilities.
Contract End Date: 2015
• Contract Amount: $91,000
• DAC is currently performing ADA Accessibility surveys of
County facilities using the DACTrak Accessibility Management
software.
• DAC is also assisting the County to perform a Self -Evaluation of
services, policies, programs and practices.
• County staff is using DACTrak to update and implement their
Transition Plan.
Contract End Date: 2015
Contract Amount: $260,000
Disability Access Consultants Proposal to the City of Palm Desert for ADA Consulting Services 7
City of Newport Beach
Fong Tse
Principal Civil Engineer
3300 Newport Boulevard
Newport Beach, CA 92663
Phone: (949) 644-3321
FTSE@ newportbeachca.gov
County of Shasta
Thomas Forbish
Facilities & Fleet Divisions Manager
Facilities & Fleet Services Division
1958 Placer Street
Redding, CA 96001
Phone: (530) 225-5659
tforbishPco.shasta.ca.us
City of La Quinta
Terry Deeringer
Human Resources/General Services
Manager
78495 Calle Tampico
La Quinta, CA 92253
Phone: (760) 777-7041
Tdeeringer@Ia-auinta.org
City of San Clemente
Johanne Thordahl
Risk Mgmt. Analyst
100 Avenida Presidio
San Clemente, CA 82672
Phone: (949) 361-8203
ThordahlJt san-clemente.org
Sam Penrod
Human Resources Manager
100 Avenida Presidio
San Clemente, CA 92672
Phone: (949) 361-8313
PenrodS@san-clemente.org
• ADA Self -evaluation and transition plans of buildings, parks,
intersections, roadways, sidewalks and public rights -of -way.
The City was provided DACTrak Accessibility Management
Software to manage the implementation of the plan,
document resources needed and document progress.
Contract End Date: April 2013
Contract Amount: $150,000
• DAC is training County staff to use DACTrak to perform self -
inspections of County facilities using the DACTrak Intake
inspection software.
• The County is also using the DACTrak online management
software to update the County's transition and barrier removal
plan.
Contract End Date: Current project (City staff uses DAC tablet to
complete their own inspections)
Contract Amount: $25,000
• ADA Self -evaluation and transition plans of buildings, parks,
intersections, roadways, sidewalks and public rights -of -way.
The City was provided DACTrak Accessibility Management
Software to manage the implementation of the plan,
document resources 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.
Contract End Date: 2012 & ongoing consultation
Contract Amount: $100,000
• ADA Self -evaluation and transition plans of buildings, parks,
piers, beach areas, golf course, pools, beach concessions,
lifeguard areas, trails and public rights -of -way.
• The City was provided DACTrak Accessibility Management
Software to manage the implementation of the plan,
document resources 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.
Contract End Date: 2012, ongoing consultation
Contract Amount: $70,000
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.
Disability Access Consultants Proposal to the City of Palm Desert for ADA Consulting Services 8
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 or subsidized
apartment hosuing
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
a schedule for barrier removal over time 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 18 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 17
years in business, that includes, but is not limited to the ADA up to and including the current 2010 American's
Disability Act Standards (ADAS), 28 Code of Federal Regulation (CFR) 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.
Disability Access Consultants Proposal to the City of Palm Desert for ADA Consulting Services 9
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
• The ability to update the plan "automatically" when codes change without re -inspecting sites
• The ability to project costs
• The ability to add or delete facilities
DAC's collection of actual measurements of as -is
conditions and GIS information for public rights -
of -way is another value added item. The
collection of an as -is condition is a valuable asset
to allow the user to make an informed decision
based on an actual measurement. For example, if
a "yes" or "no" approach is utilized to indicate if
an item is compliant, the user may not know what
the actual level of noncompliance is and would
not be able to set a priority or severity rating. If
codes change, the information collected can be
reprocess without the need to re -inspect, thus
providing longevity of the plan and internal
capacity of the City in a cost effective manner.
SCOPE OF WORK OVERALL PHASES
Fi En V. wee.
Oerrptlun: Yes AMsssple Whop
Parking
Spaces
3
Pktlres
TM: Van Accessible
Space Oul►etatr: &ue fAikYre
Space Once le faded. Daft.. ar"1i'ig
Wade 1111Atet Length. 11s Ott
*VW zm On Accessible Route
Vertical U.ranew '199.00 lr.,1 bawd Other Spaces
t..'. Parked Vehicle May Encroach into Path of Ira.4
Ci Has ISA Symbol
E. ISA Is Visible Even When tar Is Parknt h, Space Length: 36m
[;E ISA Is VAAte Onit WAR: 36on
Li ISA Is faded or Oarnahed
A&result* %rape
Skin type: Wal Mounted v Is AI Head
length. 24.00
Width, 1400
, Has ISA Symbol
H. Van-MCes'.
J o
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
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) 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.
f) Provisions and standards for historic buildings will be applied as appropriate.
Disability Access Consultants Proposal to the City of Palm Desert for ADA Consulting Services 10
g) 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.
h) 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.
i) 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.
j) 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.
k) 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.
I) 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.
m) 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 and buildings
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 11
f) DAC will train the City in the use of the,
DACTrak web -based accessibility
g)
h)
i)
j)
management system to prepare reports as
well as update and manage the ADA Plan.
DAC will provide an executive summary of
the project.
If requested, DAC can present the draft ADA
Transition Plan at a regularly scheduled
council meeting for discussion and for
informational purposes. DAC does not
recommend that the plan be adopted by the
City, as adoption is not required and may
cause additional discussion regarding
projected dates in the plan that are meant to
be "projected and estimated dates" and not
final dates of barrier removal.
Facility: Coves a Gals Club
1111 ICY Wr11 I
Parking - Exterior : Parking Lot , Parking space
Parking Off Of Park Avenue
Lett Accessible space
Parking Space Width
Finding
The e ri wave Cosa not meet the minimum
rjrne =ea.ga inches
aergagne11efor a„en
ite-stripe tile accessible. parking space.
t;uted at lea. 100.00 tnrre:Cosnformation
Re-,tr,cantg parking space..35a.00
Citations
ADP 4.6.2
CA it298.4
PriOritY
Resolution
w Comment
Weivan.c.
I . i .l 1 1 ailiiiYifl. 1111.
of 14
3 le Pciinected oats of Completion
I k« Sane, l e l Ac.,,.i Crate of Completion
Actu
Send. ea ABC contra«, o.l Coat
Update Cancel
voe Mumma 1 Sion Out l Help
4/12/2012
gat.h. 4v.Lnt
DAC will provide the City with DACTrak, 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
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.
Disability Access Consultants Proposal to the City of Palm Desert for ADA Consulting Services 12
COST PROPOSAL
ADA Accessibility Survey of the common areas of City of Palm Desert Apartments: $70,600
1) Candlewood
2) Catalina Gardens
3) LaRocca Villas
4) Las Serenas
5) Sagecrest Senior
6) The Pueblos
7) California Villas
8) Desert Point
9) Laguna Palms
10) One Quail Place
11) Palm Village
12) Taos Palms
13) Neighbors
14) Santa Rosa
15) Carlos Ortega Villas
16) Catalina Community Center
2. DACTrak Licensing. As a °PIA 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 GPIA will pay for the
first year of licensing.
The preceding costs reflect a discounted price for members of the California Joint Powers Insurance Authority.
In addition, the GPIA has a Master Agreement with DAC for an hourly rate of $98.00 per hour, plus expenses.
Disability Access Consultants Proposal to the City of Palm Desert for ADA Consulting Services 13
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 five months, or sooner. The chart below is a summary of major milestones and is not necessarily
representative of all of the individual project activities.
Scope of Service —Activity or Task
Weeks Weeks Weeks Weeks Weeks
1-4 5-8 9-12 13-16 17-20
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
Disability Access Consultants Proposal to the City of Palm Desert for ADA Consulting Services 14
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
liability insurance. DAC has a no claims record on all policies for our entire 17 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.
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.
Disability Access Consultants Proposal to the City of Palm Desert for ADA Consulting Services 15
DACTrak
Clients: I City of La Quint
Reports Timis
Projects
Buildings
Buildings
Proiect Information
Address :78-495 Calle Tampico Le Quinta, CA 92253
Start Date :7/6/2011
Facility List
Boys & Girls Club 49995 Park Avenue
Le Quinta, CA 92253
City Of Le Quinta Sports Complex Sports Complex
La Quinta, CA 92253
Civic Center 78-495 Calle Tampico
La Quinta, CA 92253
Fire Station I/O 54001 Madison Street
La Quinta, CA 92253
Fire Station *93 44555 Adams Street
1.4 Quinta, CA 92253
La Quinta Library 78-275 Cale Tampico
La Quinta, CA 92253
La Quinta Museum 77-885 Avenida Montezuma
Le Quinta, CA 92253
La Quinta Senior Center 78-450 Avenida La Fonda
La Quinta, CA 92253
La Quinta YMCA Daycare 49-955 Avenue 50
La Quinta, CA 92253
New Fire Station (Fire Station 132) 78111 Avenue 52
Le QuInta, CA 92253
Poice Substation 51351 Avenida Bermidas
Le Quinta, CA 92253
Public Works & Maintenance 78109 Avenue 52
Le Quinta, CA 92253
Silver Rock Temporary Clubhouse 79-179 Ahmanson Lane
La Quinta, CA 92253
1Silverrock Maintenance Building 79-600 54 Avenue
La Quinta, CA 92253
Fair Oaks Recreation and Parks District
Protect Information
Address : 4150 Temescal Street Fair Oaks, CA 95628
Start Date :4/8/2011
Facility List
A
rts & Crafts Building
7 C lifor la Avenue
Bannister Park
Community Clubhouse
District Office
Fair Oaks Park
Fair Oaks Preschool
Little Phoenix Park
McMillan Center
Miller Park
Fair Oaks, CA 95628
3820 Bannister Road
Fair Oaks, CA 95628
7997 California Avenue
Fair Oaks, CA 95628
4150 Temescal Street
Fair Oaks, CA 95628
11549 Fair Oaks Boulevard
Fair Oaks, CA 95628
8090 Grand Avenue
Fair Oaks, CA 95628
9041 Phoenix Avenue
Fair Oaks, CA 95628
8020 Temple Park Road
Fair Oaks, CA 95628
8480 Sunset Avenue
Fair Claim rA FISA/A
Upon logging in to
the secure DACTrak
website, you are able
to choose the facility
you would like to
view and manage.
These two screen
shots are examples of
facility lists for two
recent public entity
transition plan
projects.
Disability Access Consultants Proposal to the City of Palm Desert for ADA Consulting Services 16
Clients:
IClity of La QQyinta
teez Report
ee r. Photo Report
Dual Photo Report
Photo Summary Report
tiumn try RSport
Progress Report
total nod Got epert
Nan I tveriay
Address : 78-495 Cale Tampico
La QuIata CA, 92253
l leaseselect the fitter cr terra and click "Generate Report' to vi
Clients lCIt1(of La Quanta I+;i
i Facilities: (La Quince Senior Center Lei
1 Categories: IAIl Categories I71
Key Word:
Sort By: * Priority f-- Category r> Location r i Entity
Progress:
Not Started
In Progress
Completed
21 Include Costing Information in this Report ti A 741
®®Go To-1 __. afl2®ermh _. ___.... _._....
the Report
Welr^orne, Irlrnver 6 soppurt 1 srr7n 0.0 l nelp
f acdtles:
!la Quints Senior Center
Ilk AA" Pii9tos
Vtt`w ( river Page
Projects'. Buildings J-1
Locations' IAII Locations'-1
Priority:
Resolution
Accessibility Survey
1
2
3
Corrected
Not Corrected
Not Avolicable
Report
After choosing a
facility, you are
able to use Reports
drop down menu
to choose which
report style to
view. You may
also choose to
view multiple
facilities in one
report.
This screenshot is
an example of the
home page for a
Basic Photo
Report. The sort
and filter panel
allows users to
quickly run reports
that generate
findings for
specified locations
or categories, or by
progress, priority
or resolution
status.
Disability Access Consultants Proposal to the City of Palm Desert for ADA Consulting Services 17
La Quinta Library
Doors - Chamber Of Commerce : Door , Hardware
Door Between library & Chamber Of Commerce
Push Bar / Lever
finding
The door opening force for this door is greater
than allowed,
On -Site Finding 10.00 pounds
Recommendation
Adjust the closet on the door to meet the door
opening forcerequirements.
Recommendation Up to 5.00 pounds
Costing Info (Estimated)
Adjust door closer pressure. $25
Code Reference
Progress
Record Number
Progress
Projected Date
Actual Cost
Contractor
Commends
La Quinta Museum
Door ..a'tware Dots Oo " e f esxarx
CA 1133B.2.5, ADA 404.2.9
43596
Not_Started
06/30/2013
s0.00
No Cornmants,
Resolution
Actual Date
Priority
Doors - Museum 1st Floor : Door , Hardware
Archives 102
Lever
Don , 14.dWore Ilr'n' Off. rFrp R'ea,wrp
Finding
The door opening force for this door is greater
than allowed.
On -Site Finding 8.00 pounds
Recommendation
Adjust the closer on the door to meet the door
opening force requirements.
Recommendation Up to 5.00 pounds
Costing Info (Estimated)
Adjust door closer pressure. $25
Code Reference CA 1133B.2.5, ADA 404.2.9
Progress
Record Number 43936
Progress Not Started
Projected Date
Actual Cost $0 00
Contractor
Comments No Comments
Resolution
Actual Date
Priority
None
Two
None
Two
These two screenshots
are examples of a
finding page in a Basic
Photo Report. This
type of report shows
the user the finding,
with accompanying
recommendation to
correct the non-
compliant item, the
associated photo, code
reference(s), estimated
cost to remove the
barrier, and any
progress that has been
added to update the
transition plan.
Disability Access Consultants Proposal to the City of Palm Desert for ADA Consulting Services 18
Fair Oaks Park
Path of Travel - Exterior : Path Of Travel , Walking Surfaces
Path Of Travel At The Basketball Court
Exterior Walkway
Walking Surface Slope
Finding
There are slopes greater than allowed maximum slope on the primary
path of travel,
On -Site Finding 14.70 percent
Recommendation
Provide compliant sidewalk.
Recommended Up to 5.00 percent
Costing Information (Estimated)
Install compliant pathway. $1,840
Path Of Travel, Walking Surfaces Walking
Surface Slope
Code Reference:
ADA 4.3.7, CA 1133e 7.3
Record Number : 988033
Path of Travel - Exterior : Path Of Travel, Walking Surfaces
Path Of Travel At The Entrance To The Horticultural Center
Exterior Walkway
Walking Surface Slope
Finding
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)
Install compliant pathway.
Record Number: 987073
$1,840
Path Of Travel, Walking Surfaces s Walking
Surface Slope
Code Reference:
ADA 4.3.7, CA 11336.7.3
This screenshot is
an example of a
finding page in a
Dual Photo Report.
This type of report
shows the user two
findings per page,
with accompanying
recommendations
to correct the non-
compliant item, the
associated photo,
code reference(s),
and estimated cost
to remove the
barrier.
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 for a particular report finding will bring up the
associated picture on the Photos tab.
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Photos
Disability Access Consultants Proposal to the City of Palm Desert for ADA Consulting Services 20
DACTrak
ire vale (city of La Quintal
tfUldinajs
Addri ,s : 78.495 Cane Tampico 1 a Q
Start Date :7/672011
City Of La Quints Spoils Complex
Civic Center
Station #/0
ion *93
ifrrary
to Museum
Qvuu.y Senior Center
t,a Quint., YMCA Daycare
Station (Fire Station •32)
bstation
orris & Maint
ock Temporary C3ulxfxMr
Silyerroc k Mawttenanre Ruiihn
DACTrak
Wings
Sports Compiex
la Qulnta, CA 92253
78.495 Calle Tampico
to Quinta, CA 92253
54001 Madison Street
La Quints, CA 92253
44555 Adams Street
La Quints. CA 92253
78-225 Calle Tampico
la Quints; CA 92253
77°885 Avenida Montezuma
tb Quinta, CA 92253
78 450 Avenida La Fonda
Quints, CA 92253
49-955 Avenue 50
La Quints, CA 9225.3
78111 Avenue 52
La Quints, CA 92253
51351 Avenida Bermidas
l.n Qulrita, CA 92253
78109 Avenue 52
1A Qulnta, CA 92253
79 179 Ahmanson Lane
La Quintcr, C1t 92253
79 600 54 Avenuta
La Quints, CA 92,r
Reports 1c,o15
Please select the client. project, fscility, location and category to generate list of int sties to manage cn.
Clients;
Facilities
Categories
Fair Oaks Recreation and Parks District
Fair Oaks Park
All Categories
Name
Accessible Parking
Benches Near The Play Area
Community Garden Parking Lot
Continuing Path Of Travel From The Softball Fields To The Skate Park
1 -) Projects:
Locations
Directional Signage From The Public Right Of Way
Directional Signage To All Common Areas
Drinking Fountain At The Horticultural Cener
Drinking Fountain Near The BBQ Area
Drinking Fountain Near The Restrooms
Drinking Fountain Near The Skate Park
Drinking Fountain Near The Softball Field Concession Stands
Gates To The Community Garden
Horticultural Center
Left Curb Ramp From The Accessible Spaces Near The Skate Park
Mens & Womens Restrooms
Mens Restroom
Mens Restroont
Hit 1 n41p
Users can update
progress using the
Tools drop down
menu.
Record Manager
allows each record
to be updated
individually.
Global Progress
Editor allows many
records to be
updated at once
with identical
information.
Priority Manager
allows many
records to be
updated at once
with unique
information.
Fair Oaks Recreation and Parks District
All Locations -
Generate List
Deficiency Type Location
Element
Element
Element
Element
Element
Element
Element
Element
Element
Element
Element
Element
Element
Element
Element
Element
Element
Element
Exterior
Exterior
Exterior
Exterior
Exterior
Exterior
Exterior
Exterior
Exterior
Exterior
Exterior
Exterior
Exterior
Exterior
Exterior
Restrooms
Restrooms
Restrooms
...............................................
Record Manager
allows the user
to choose which
record to update
individually.
Disability Access Consultants Proposal to the City of Palm Desert for ADA Consulting Services 21
1 2 of 2
Facility: Fair Oaks Park
Curb Ramps - Exterior : Curb Ramp
Curb Ramp From The Accessible Space Near The Play Area
No Detectable Warnings
Finding
The curb ramp does not provide a detectable warning surface which
includes truncated domes.
On Site Finding: Not Found
Recommendation
Provide compliant delectable warnings to surface.
Recommended: See Above
Costing Information
Provide detectable warning to surface, $144.00
Citations
CA 11278. S.8
ADA 4 7.7
Priority
Progres
R6501Ut
New Comment
loot Started I I
Y of1
Projected Date of Completion
Actual Date of Completion
Actual Cost
of 0
Drinking Fountains - Exterior : Drinking Fountains
Drinking Fountain Near The Skate Park
Clear Floor Space Slope
Finding
The Clear Floor Space Slope Is not compliant.
On Site Finding: 8.40 percent
Recommendation
Provide compliant Clear Floor Space at the drinking fountain.
Recommended: Up to 2 00 percent
Costing Information
(None) $0.00
Citations
ADA 4.15.5
Drinking fountain not operational at time of Inspection.
Priority
Progress
Resolution
New Comment
IMMO
Comoletedl
!Corrected I
Slope corrected and verified to be compliant by inspector 836.
grass area near fountain.
Update Cancel
Beck to list
Clear rroor
1 of1
Projected Date of Completion
Actual Date of Completion
Actual Cost
6/1/2011
7/8/2011
565.33
Repair
Once a record is
chosen in Record
Manager, the user
can set the priority,
select the status of
progress, add
projected and actual
dates of completion
and also document
any notes regarding
the record.
This screen shot
represents an example
of a record with
progress, updates and
comments added.
Disability Access Consultants Proposal to the City of Palm Desert for ADA Consulting Services 22
Record Manager gives an Administrator the most
options to examine, manage and update the
transition plan for the selected site.
All comments saved using the Update
command are shown under the finding.
All new comments that are added will
also be listed in this area.
Welcome, Bthorpe I Support 1 Sign Out l Help
Reports
tool: Support
1 2 3
Facility: Sacramento National Wildlife Refuge
Reads Ranges - Exterior, Check Station : Reach Range , Element Highest Point Of Operation
Check Station
Map Box - Other
Element Highest Point Of Operation
Back to Li31
Finding Reath Range , Element Highest Point Of -ration
The highest point of operation for the element is not compliant.
On Site Finding: 59.87 inches
Recommendation
Hake sure that the highest point of operation is within dre
recommended value.
Recommended: 28.00 • 44.00 Inches
Costing Information
Readjust element height. 550.00
Citations
ADA 309
ADA 308
ADA 902.4.2
9n0nty
Progress
Resolution
New Comment
eisi
In progress
Element N9�est Point 0f e • ranon
of
Projected Date of Completion
Actual Date of Completion
Actual Coat
Scat f co relocate when repainting bonding in July 2012
IUpdate i
Disability Access Consultants
Cancel
1 a 3 of 3
61612012
14
YJi
Powered By OACTrak
An Administrator is able to view
findings related to the same element
by using the advance controls, also
located under the tool bar at the top of
the page.
A priority level of 1 through 7 can be
assigned to the element.
Projected and actual dates of
completion are entered here. The
Administrator can also add the actual
cost of bringing the element into
compliance for budgeting and expense
reporting.
New Comments can be added here and
saved using the Update command.
Disability Access Consultants Proposal to the City of Palm Desert for ADA Consulting Services 23
DACTrak
Ke00400 1 ools
tea tn'a .ritena and click 'Generate List` ,o wee Hie defelanc
Clients: 'Fair Oaks Recreation anci Parics District
Facilities 'Fall Oaks Park
Categorl s: Passenger Loading Zones rI
Location Element Description
Exterior
Exterior
Exterior
!. L Exterior
,=: Exterior
IL Exterior
Passenger Loading Zone
At The Horticultural Center
Passenger Loading Zone
AL The Horticultural Center
Passenger Loading Zone
At The Horticultural Center
Passenger loading Zone
At The Horticultural Center
Passenger Loading Zone
Near The Restrooms
Passenger Loading Zone
Near The Restrooms
rior Passenger Loading Zone
Near The Restrooms
ou are able to odd
-' Project,
Locations:
Finding
ere is less than the minimum required
length In the access aisle at the passenger
loading zone.
The slope of the asphalt surface for the
access aisle at the passenger loading zone is
greater than 2%.
There is no signage designating accessibility
posted at the passenger loading zone.
There are no detectable warning devices
provided at the passenger loading zone.
There is no signage designating accessibility
posted at the passenger loading zone.
The slope of the asphalt surface for the
access aisle at the passenger loading zone is
greater than 2%.
There are curtxs between the access aisle and
the vehicle pull-up space.
'Fair Oaks Recreation and Parks District
All Locations
Projected Date:
Actual Date:
Priority: None -�
Progress. Not started
Resolution: None
Clear
Clear
Set
Projected Actual
Progress Completion Date Completion
Date
elect deficiences from me list above, and enter new values below.
a arse a value. leave the field blank and press .lea-,
Please select Ole Mrs er41 a ,1
l Clients:
�Fadllties:
Categories:
I City of La Quinta
V� baflckncies you are attic to a t*
ISllverrock Maintenance Building
1 Sinks
Y LocaUun +lenient tin
Uracriptuan
Interior MalntenanceSInk counter 35 37
height is inches
not
compliant.
r MaintenanceThe height 55. 75
Boy of the Irrcflo,
controls and
operating
mechanisms
for the
dispenser is
not at the
coerect
height.
Interior MaintenanceThe height 49.50
Bay at the inches,
cunt nis and
operating
mechanisms
for the
dispenser is
not at the
conract
height.
lot .Hove, arsd enter near values.
fieM b4mk.
Projects:
Locations'.
I buildings
IAP Locations -1
Generale List
Fyn Prnieried Actual Cost
ing Site Priority Progress Resolution Compietioncompletion Resparrsi r�ity Contractor
Finding Date Date
E 1=11111.o 02111111.10
Inoue el
This is an example of
Global Progress Editor,
where the user may
select many records to
update at one time. In
this example, the
category has been
filtered to Passenger
Loading Zones using the
Categories drop down
menu.
This is an example of
Priority Manager, where
the user may select
many records to update
with unique information
from one screen. The
user may select
progress information
from the drop down
menus and enter dates
for each line item. All
information is updated
with one click of the
Submit button. In this
example, the category
has been filtered to
Sinks using the
Categories drop down
menu.
Disability Access Consultants Proposal to the City of Palm Desert for ADA Consulting Services 24
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.
Repot
. 9 . -..:9 *r • ay..
TV. ;City of La Cunta
ttys 'AeN.y Ptac.
:ggra+a: IAA Category.
w Pntnty care or,
umu NI ii Vd.
Not Started^
In Progress
Condoled
nahye V, !Sidewalks ?.l
,m-etuvu IALocaban.,.i
Corrected
Not Corrected
Not AoolliCaNk
Map:
▪ au. stop El Curbramp•t)rinkkvs Four ® Exhibit a Flshins Pier+ intersection Parking
• Play fired ® Pole Stop D Path of Travel ® Sidewalk ® Trail ® Viewing area
Disability Access Consultants Proposal to the City of Palm Desert for ADA Consulting Services 25
$ t a 5 > »rrt S of 24
f ,dtfly $e,ame,n 1Afe aelige
Restroowts - Visitors Center : Restroom . Toilet Compartment
Ken Visitor Center Restroom
Toilet Compartment Width
finding
There LL msufhoet cleat Roo, spite to Vie compartment
On Site Fondant: 41,S mdtes
ReconllaM/Ninn
noddy or replace the CpHpaRRNfrt t0 pra+rda e4e0uee dear hoot
apeu.
Recommended. At least 60.00 notes
Costing Infogngdcn
loose amenable still. 34000.30
Motions
ADA 634.8.1_I
welcome, nthorpe ItI Sget
Rock to Ina
Restroom , Tote Compartment : Tenet Conena mint
vidth
2 3 6r3 '
Remove one unmet. prorele a corrgll,es o.ned. and make Me toilet compartment roonta ie *hen the nee v*tots center 3
completed.
awncr
Prowess
Reaolonet
New Comment
none .
P181 Statte4
Ar:mad Pete or Conviction
action
Acton Date 01 Completwa
Adus1 Cost
Opine Cancel
$ 7 t 4 5 +Next'. efxa
Ciads Ottignglly Access Consonants Powered By DACTrok
By clicking on the photo number, the
Administrator can view more than one
photo within the same screen.
Disability Access Consultants Proposal to the City of Palm Desert for ADA Consulting Services 26
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT for Professional Services ("Agreement") is made this day of July 1, 2015
("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 terns of this Agreement and Exhibit
A, this Agreement shall prevail.
1.1
Term of Services. The term of this Agreement shall begin on the Effective Date and
shall end on June 30, 2016. Consultant shall complete the work described in Exhibit A
prior to that date, unless the tern 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 Assiunment 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 term 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.
Section 2. COMPENSATI.ON. 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
11/12/15 FINAL DAC/JPIA Page 1
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.
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 Pavment 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 $ l ,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 01 covering bodily injury and
property damage for all activities of the Consultant arising out of or in connection with
11/12/15 FINAL DAC / JPIA Page 2
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.
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' Comnensation 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 Primary/Noncontributing. 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.
11/12/15 FINAL DAC/JPIA Page 3
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
(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 (10) 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, and agents, and volunteers
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.
11/12/15 FINAL DAC / JPIA Page 4
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
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 Ritht 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,
11/12/15 FINAL DAC / JPIA Page 5
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.
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 REOUIREMENTS.
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
11/12/15 FINAL DAC / JPIA Page 6
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
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 terms
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
11/12/15 FINAL DAC /1PIA Page 7
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
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 be 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
11/12/15 FINAL DAC / PIA Page 8
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.
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 Assi!ns. 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 95965
Any written notice to Authority shall be sent to the project representative. Courtney
Morrison.
10.9 InteEration. 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
athan §ku1l, Chief Executive tpfficer Barbara Thorne. President/CEO
11/12/15 FINAL DAC /JPIA Page 9
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.
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. 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.
11/12/15 FINAL DAC / JPIA Page 10
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.
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.
11/12/15 FINAL DAC/JPIA Page 11
ADDENDUM TO AGREEMENT
BETWEEN THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY AND
DISABILITY ACCESS CONSULTANTS
THIS ADDENDUM is made and entered into this day of March 9, 2016, by and between the
California Joint Powers Insurance Authority ("The AUTHORITY") and Disability Access
Consultants ("CONSULTANT") (together sometimes referred to as "Parties").
WITNESSETH:
WHEREAS, the AUTHORITY and CONSULTANT entered into an Agreement
(hereinafter referred to as "AGREEMENT") for the Americans with Disabilities Act (ADA)
compliance consulting services related to the AUTHORITY's ADA Assistance Program, which
was approved by the AUTHORITY's Chief Executive Officer on AGREEMENT dated November
11, 2015; and
WHEREAS, for and in consideration of the mutual advantages to be derived therefrom
and in consideration of the execution of this ADDENDUM, both the AUTHORITY and
CONSULTANT desire to revise AGREEMENT in the manner described herein; and
WHEREAS, AGREEMENT shall be amended to include the following:
1. Exhibit A ("Scope of Services") of AGREEMENT shall include the following additional
text under the "Assistance Level 1: Member Assessment and Overall Diagnostic
Profile" section:
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. Exhibit A ("Scope of Services") of AGREEMENT shall include the following additional
text under the "Assistance Level 2: Inspection of Sites, Development of
Transition/Barrier Removal Plans" section:
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 training in the use of DACTrak for the member to collect their own
data.
3. Exhibit A ("Scope of Services") of AGREEMENT shall include the following additional
text at the bottom of the Exhibit:
All members participating in the AUTHORITY's ADA Assistance Program shall
receive Assistance Level 1 by default.
4. Exhibit B ("Rates and Schedule of Payments") of AGREEMENT shall include the
following additional text under the "Assistance Level 2: Inspection of Sites,
Development of Transition/Barrier Removal Plans" section:
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 license 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.
5. A new section, Section 1.6 ("Eligible Recipients of Services"), shall include a listing of
the California JPIA's members as follows:
California JPIA 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 also be
at the agreed upon hourly rate of $98 per consultant. All members of the
California JPIA are eligible, including but not limited to:
City of Agoura Hills, Agoura Hills and 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 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 Carpinteria, City of Camarillo, 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,
LA-RICS, City of Laguna Niguel, City of Laguna Woods, City of Lake Elsinore,
City of Lake Forest, City of Lakewood, City of Lawndale, City of Loma Linda,
City of Lomita, City of Los Alamitos, 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, 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
Communication Center, City of Westlake Village.
IN WITNESS WHEREOF, the parties hereto have caused this ADDENDUM to be
executed this day of March 9, 2016.
"The Authority"
California Joint Powers Insurance Au
hull, Chief Executive Offic
"Consultant"
Disability Access Consultants
Barbara Thorpe, President/CEO
ADDENDUM No. 2 TO AGREEMENT
BETWEEN THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY AND
DISABILITY ACCESS CONSULTANTS
This Addendum No. 2 ("ADDENDUM") is made and entered into this day of August 24, 2016, by
and between the California Joint Powers Insurance Authority ("The AUTHORITY") and Disability
Access Consultants ("CONSULTANT") (together sometimes referred to as "Parties").
WITNESSETH:
WHEREAS, the AUTHORITY and CONSULTANT entered into an Agreement
(hereinafter referred to as "AGREEMENT") for the Americans with Disabilities Act (ADA)
compliance consulting services related to the AUTHORITY's ADA Assistance Program, which
was approved by the AUTHORITY's Chief Executive Officer on AGREEMENT dated November
11, 2015; and
WHEREAS, the AUTHORITY and CONSULTANT executed an Addendum on March 9,
2016 to address sections of AGREEMENT that required revision; and
WHEREAS, for and in consideration of the mutual advantages to be derived therefrom
and in consideration of the execution of this ADDENDUM, both the AUTHORITY and
CONSULTANT desire to revise AGREEMENT in the manner described herein; and
WHEREAS, AGREEMENT shall be amended as follows:
1. Section 1.1 ("Term of Services") of AGREEMENT shall reflect the term being
extended for one more year until June 30, 2017. If all Parties agree that further
extending AGREEMENT beyond June 30, 2017 is in the best interest of all Parties,
then another addendum shall be executed at the appropriate time.
IN WITNESS WHEREOF, the Parties hereto have caused this ADDENDUM to be
executed this day of August 24, 2016.
"The Authorit "
California J • nt Po ers Ins
"Consultant"
e Autho lty Disability Access Consultants
)1,ftether Shull, Chief Execu ive Officer Barbara Thorpe, President/CEO