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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. 'aka T,+.'ystx°Saw i a u +. 61t w.e,eaea la Plod( amaa Naas aartfot 101144611)16 1<K666 141M61,166,141604616eo Pta,ea*M-saeewae Have 434Mertea3, tmono rums Head ,..meet natt *mat w8mrtfr dxyr Pe* Neva Awn m «gaaalory eartawsecacaekw 011tor w, Woe. tssaam<nr wey alma 1449w1Jeawar ta4 m°. ae,;ewaw Sweet* owtaawr eaenwwa»iAew<reoaf a SON. i4A:mn4ito:4 a+a,v w ,Rom.ewrw Hoop z.wrwl Satan,. orrt mmeelawo96140,0. ca.04660661a.ewa46,64 few*. rwn.tnoa aaaawm4 r4a1 a,..n Uo esu.1-66,ww Oeaaw4HywaAwaree Shonam4Nnnt4waraw Nmw Overawe 01.4ybfIAMBn CP.* 146E lAY0U1 FORMULAS DATA REYPYt 4 (84o4r A— _ tub Itn :oars 101% Zoom to New *row five. Selertron Wawa. N Panes .inalfwes Heart gs Show 7 Name x e c (Name .,--le Quetta Utp lACalle TamPre. 1 Zoom E P is Quetta <A 91253 MEM v,„eu om rcwah G/ ® HOME sr 4 43632 uR3 Doors 1112e1000 5 61SY1 117,0 1Mo¢ Extort,: Chuntror Of 6 43596 \ 11/*a 1 Doors Confine*ee. 7 4,634 11750 DaorsIO/POOf 8 43435 11356 Doors Interior 9 43552 11542 000, Inter/Cr 10 43i51 11542 Doan I116ar442 6 Ssrenre Aebr,w 4a6 rs< 1nn« 11a.e4.eet ,max ar4.RDI3 ri433 ...aft. W.bu: aewaea.4ee Walor,, en 77966 aeap.Ree., 1.611.46r 656 77666 tmt PathPwe.,. ,4 a0xra Sam* Pag<R,<ak Dag< C , Presses* layout view, workbook ',� 4� r eookstnre CObillber ;Atom,. boor between li bary& Chaw0M' G3 Common* weer PUN Wr / laY4. 0001 in Gar0a,1 Push8ar/CHan01e Dear To Garden Push Bari D Hanme Hallway Conference Room Door Push Bar! Lever Hallway Conference P.m Door Push8a haver Mans Rettroom Near Nat. 11 4.9 11549 Dmrs tni400. En ran<e Push / Pull 1243419 11187 Dow% Eiertor North Eatrate Push Par Handle 13 6354d 11543 Doorx n,.rrx Room 110 ,Poor 14 43548 11543 DOOP, 1m0RX Pwtln 110 Lever 15 63}16 11546 0on0 1 Metro 5f0rytrme 000m Push Dar l 01140016 14 43547 11548 Door% IntMsor 33004. MR0wrI Push 8er/011e0014 Women, Ress,,:m Near North 7 Door , Hardware : Door ODRmne Pressure - Currently 10.00 • •u It 415, 114145 M.wr4 Intvr,e, En7an<e Push/Pull Preuiar, Layout 4 ev° Prorklartok tress, EAU 111PAIllt Moe u:.ArN a„„wa Q we Iowa W%trew wW. wwv* Sarseas rtlwb, 4 Pons Late 7 X 4 u a. N n. Ovm,R,aarn so D15ERT PAGE LAYOUT FORM410,5 DATA RENEW :IA fcrmulaR q tll:vm Hmdmgs 760m 100, mom W Ne 5ektoon New t) Awn Cason°,411.wrattan Qukk0oo4s on, F,rve Al, Paec, I. Door, Hardware Door Open in4 Pressure. Currently l0.tppounds 18 43588 11745 Dears termer 19 41518 11480 RestroOf to{<vro, 10 43519 13480 8e4000ms 101a030 21 4'i4d! 11166 Revtruurtlx E+ter to, 4aQutnt,letnary Ptolos Yowls Aloe Room Mans Re woo, Near No, Entrance Mans Reslta0m Near F4M431 Entrance Lover Lavatory Uutx:Ua Mans Reel(von, tate°, 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