CC SR 20190305 G - MOU with CJPIA for ADA Transition Plan
RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 03/05/2019
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action to execute a Memorandum of Understanding with
California Joint Powers Insurance Authority (CJPIA) regarding a Citywide Americans
with Disabilities (ADA) Transition Plan.
RECOMMENDED COUNCIL ACTION:
1) Authorize the Mayor and City Clerk to execute a Memorandum of Understanding
with CJPIA, which would allow CJPIA to update the current Citywide ADA
Transition Plan through DAC Consulting Firm, for a fee not to exceed $143,450.
FISCAL IMPACT: Funding for this project is included in the approved 2018-19 budget.
The fee for services will not exceed $143,450, which includes savings of approximately
$23,500 from CJPIA’s contribution.
Amount Budgeted: $399,123
Additional Appropriation: $0
Account Number(s): 330-400-8504-8001
ORIGINATED BY: Nasser Razepoor, PE, Associate Civil Engineer
REVIEWED BY: Elias Sassoon, PE, Director of Public Works
APPROVED BY: Doug Willmore, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Memorandum of Understanding with CJPIA (page A-1)
BACKGROUND AND DISCUSSION:
The City of Rancho Palos Verdes is committed to ensuring that individuals with
disabilities are able to receive services and participate in the activities offered by the
City. To this end, Staff plans to update the current Citywide Americans with Disabilities
(ADA) Transition Plan. This update consists of evaluating the City’s Facilities, Parks,
and Public Rights-of-Way, identifying barriers to access, and formulating a plan of
action to remove these barriers.
The City Council previously approved this project as part of the CIP, and authorized
$399,123 for professional consulting services to update the current ADA Transition
Plan.
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Staff consulted the California Joint Powers Insurance Authority (CJPIA), the City’s
insurance provider, to secure services of a consulting firm with expertise in updating the
City’s current ADA Transition Plan. Representatives of CJPIA indicated they have a
consultant under contract for this purpose and CJPIA also contributes to the cost of
updating the ADA Transition Plan, thus saving the City about $23,500. Disability Access
Consultants (DAC) is the consulting firm the CJPIA uses for these types of services.
The DAC Proposal, Agreement between CJPIA and DAC, and the Addendum to the
Agreement between CJPIA and DAC are enclosed as Exhibits A, B, and C of the
attached Memorandum of Understanding.
The scope of work to be performed by DAC includes providing reports, furnishing software
to manage the data, and technical assistance for:
Inspection/Evaluation of City’s Facilities, Parks and Public Rights-of-Way
Review of City’s policies, procedures and programs
Staff training for DACTrak accessibility compliance intake and management
software
Assistance with public input and community outreach
The deliverable will be a complete, updated ADA Transition Plan along with services
mentioned above.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative action is available for
the City Council’s consideration:
1. Take other action as deemed appropriate by the City Council.
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MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (MOU) is between the California Joint Powers Insurance Authority
(CJPIA) and the City of Rancho Palos Verdes (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 provide consultant services for MEMBER for an Americans with
Disabilities Act Self-Evaluation and Transition Plan in conformance with DAC’s proposal to MEMBER
dated January 21, 2019 (the “Work”), attached hereto as Exhibit “A” and incorporated herein by reference.
The Work shall be performed in accordance with all terms, covenants, standards and conditions set forth
in that certain agreement between the CJPIA and DAC, entered into on March 14, 2017 relating to ADA
Compliance (“Agreement”), including the addendum to the Agreement dated May 14, 2018
(“Addendum”), of which MEMBER is a third-party beneficiary. The Agreement and Addendum are
attached hereto as and incorporated herein by reference as if fully set forth herein as Exhibits “B” and
“C”, respectively.
This Work will be billed directly to CJPIA. The amounts invoiced will reflect the amount of work completed.
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. Invoice queries can be forwarded
to Abraham Han, Administrative Analyst, ahan@cjpia.org (562) 467-8778.
1. Total cost for all work to be performed by DAC, ($166,950)
as per attached DAC written proposal
2. Total program funding provided by CJPIA to be $23,500
paid directly to DAC on behalf of MEMBER
3. Total amount owed by MEMBER to CJPIA ($143,450)
Should additional inspection items be added to the scope of work, DAC will provide an addendum to the
proposal. MEMBER acknowledges and agrees to be responsible for any additional costs incurred from
the addition of these items to the scope of work (e.g., buildings, facilities, bus stops, sidewalk mileage,
etc.). A revised MOU must be executed by the MEMBER and CJPIA, before proceeding with additional
work.
[SIGNATURES ON THE NEXT PAGE]
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CITY OF RANCHO PALOS VERDES
____________________________________ _______________
Jerry Duhovic, Mayor Date
____________________________________ _______________
ATTEST Emily Colborn, City Clerk Date
____________________________________ _______________
APPROVED AS T FORM William W. Wynder, City Attorney Date
CALIFORNIA JOINT POWERS INSURANCE AUTHORITY
____________________________________ _______________
[Melaina Francis, Risk Manager] Date
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EXHIBIT “A”
DAC’s Proposal for Americans with Disabilities Act Self-Evaluation and Transition Plan for the
City of Rancho Palos Verdes
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City of Rancho Palos Verdes
Proposal for Accessibility Services
AMERICANS WITH DISABILITIES ACT (ADA) SELF-EVALUATION AND
TRANSITION PLAN
January 21, 2019
Disability Access Consultants
2243 Feather River Blvd
Oroville, CA 95965
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Disability Access Consultants Proposal to the City of Rancho Palos Verdes for ADA Consulting Services 2
COVER LETTER
January 21, 2019
Mr. Ron Dragoo
Principal Engineer
Public Works Department
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
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 Rancho
Palos Verdes public facilities and public rights-of-way.
As you may be aware, under Title II of the ADA, the City of Rancho Palos Verdes is required to have a current
Self-Evaluation and Transition Plan. Title II entities, such as the City of Rancho Palos Verdes 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 Rancho Palos Verdes. Founded as a California corporation and woman owned business in 1998, DAC
has provided services for the past 20 years to assist public entities to comply and implement accessibility
requirements in accordance with the ADA, Title 24 of the California Building Code, Section 504 and related
federal, state and local disability-related nondiscrimination laws and regulation. DAC has conducted over
19,000 building inspections, surveyed thousands of parks and playgrounds, thousands of miles of sidewalks
and performed hundreds of programmatic reviews and self-evaluations to study the accessibility of programs,
services, activities, events and related areas. DAC has a comprehensive understanding of applicable standards,
regulations and requirements under Title II of the ADA, California Building Code and related state accessibility
standards. DAC has completed over a hundred similar studies.
DAC has also worked 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
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Disability Access Consultants Proposal to the City of Rancho Palos Verdes for ADA Consulting Services 3
FIRM ORGANIZATION AND DESCRIPTION OF QUALIFICATIONS
Since Disability Access Consultants was founded as a woman owned California Corporation in 1998, DAC has
provided services for the past 20 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 Rancho Palos Verdes.
As our founder, Barbara Thorpe, worked with a public entity for 20 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 more than 25 staff, with our Facility Team Leader Michael Boga holding CASp Certificate
#152, dedicated to assisting public entities, such as the City of Rancho
Palos Verdes, 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 Rancho Palos Verdes 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 20 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
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Disability Access Consultants Proposal to the City of Rancho Palos Verdes for ADA Consulting Services 4
• DACTrak training to conduct your own inspections
• 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 imple mentation
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 Rancho Palos Verdes 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 Bakersfield
• City of Banning
• City of Benicia
• City of Bishop
• City of Carlsbad
• City of Carpinteria
• City of Cathedral City
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Disability Access Consultants Proposal to the City of Rancho Palos Verdes for ADA Consulting Services 5
• City of Claremont
• City of Clovis
• City of Cudahy
• City of Cypress
• City of Del Mar
• City of Downey
• City of Elk Grove
• City of Fountain Valley
• City of Glendale
• City of Goleta
• City of Grass Valley
• City of Hemet
• City of Huntington Beach
• City of La Mesa
• City of La Quinta
• City of Laguna Woods
• City of Lakewood
• City of Lincoln City
• City of Los Alamitos
• City of Manteca
• City of Menifee
• City of Modesto
• City of Moreno Valley
• City of Newport Beach
• City of Oakdale
• City of Oroville
• City of Palm Springs
• City of Palos Verdes Estates
• City of Paramount
• City of Pismo Beach
• City of Poway
• City of Red Bluff
• City of San Clemente
• City of San Dimas
• City of San Gabriel
• City of San Jose
• City of San Juan Capistrano
• City of San Luis Obispo
• City of Santa Fe Springs
• City of Santa Monica
• City of Shafter
• City of Tustin
• City of Wasco
• City of Waterford
• City of Willows
• County of Butte
• County of Calaveras
• County of Glenn
• County of Kern
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• County of Marin
• County of Okaloosa
• County of Placer
• County of San Luis Obispo
• County of Santa Clara
• County of Shasta
• County of Solano
• County of Tehama
• Desert Recreation District
• Fair Oaks Recreation and Park District
• Town of Paradise
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. The use of the DACTrak software includes the
storage and maintenance of the City data. If the City decides not to continue to use the web-based DACTrak
Accessibility Management System to maintain, update and document compliance of the ADA plan, the data
can be transferred to an Excel spreadsheet or an alternate format. DAC has found that usable and easy to
manage software (instead of Excel spreadsheets) is imperative to maintaining and updating the ADA plan.
Categories can be customized and findings organized as demonstrated in the screen shots of the DACTrak
software included in the supplemental materials Appendix.
PROJECT TEAM STAFFING AND RESUMES
Disability Access Consultants (DAC) has a dedicated team of twenty 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.
City Contacts
City of Rancho
Palos Verdes
Barbara Thorpe
Project
Manager
Srikant Talasila
Director of IT
Michael Boga
CASp-152, ICC
Facility Team Leader /
Quality Control
Candice Pursch
Field Inspection
Supervisor
Field Inspectors (4-6)
Jennie Grover
Director of
Operations
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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 Rancho Palos Verdes project.
Barbara Thorpe, M.Ed., LOT - DAC Project Manager
As DAC Project Manager, Barbara will coordinate activities and schedules and report to the Assistant to the
City Manager or designee. Barbara will serve in the leadership role regarding the ADA Self-Evaluation of
programs, services, activities and events along with the review of policies and procedures. Barbara brings
twenty years of experience in public administration and providing services to individuals with disabilities to
Disability Access Consultants. As an administrator in a public entity, Barbara provides unparalleled
understanding of the application of the Americans with Disabilities Act and related legislation. In addition to
assisting public entities with compliance with the ADA, Barbara has conducted compliance reviews for the
Department of the Interior to audit for compliance with the ADA, Section 504 of the Rehabilitation Act and
related civil rights laws and regulations. Barbara has served as an expert witness for the Department of Justice,
Office of the Attorney General. Additionally, Barbara is a licensed occupational therapist. Barbara served on
the Division of State Architect Advisory Board and served as the vice-chair for the DSA Access Compliance
Committee. Barbara has worked on over 200 public entity projects that are similar to the City.
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 Rancho Palos Verdes.
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 Rancho Palos Verdes 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.
SUBCONSULTANTS
DAC does not use subcontractors or subconsultants, as DAC prefers team members that have direct
accountability and training by DAC to provide a seamless project delivery and interaction with City staff.
SCOPE OF WORK
Disability Access Consultants (DAC) understands that the City is seeking a qualified firm to inspect, evaluate
and prepare reports identifying potential barriers in the City-owned buildings, parks, parking lots and public
rights-of-way.
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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 Rancho Palos Verdes without imposing unnecessary interruptions or burdens
to City staff. During the past 20 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 20
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 Rancho Palos Verdes 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.
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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
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 Rancho Palos Verdes
staff to establish roles and lines of communication, refine project goals, review the overall project
schedule, schedule surveys of City of Rancho Palos Verdes facilities and identify key City of Rancho Palos
Verdes personnel related to the project scope. Initial self-evaluation activities will be completed during
this step.
b) The initial orientation meeting should include an assessment of previous compliance activities and areas
of current or potential litigation. The review of compliance activities and high priority areas will assist with
the development of an overall project plan. The review and documentation of prior initiatives will also
build a more defensible plan if the City is challenged by litigation.
c) DAC will conduct field surveys of the buildings and facilities listed in the property schedule, as well as the
City maintained public rights-of-way to sidewalks, curb ramps and signalized intersections.
d) Surveys will identify all physical barriers (interior and exterior) including the path of travel in and around
the facility and from the public right-of-way at each site in accordance with Title 24 of the California
Building Code and the ADA Standards (previously referred to as ADAAG).
e) DAC currently provides geographical information (latitude and longitude) for each identified exterior
barrier in the public right-of-way that can be incorporated into the City’s Geographical Information System
(GIS). DAC incorporated the map-linked GIS feature based on the needs of many of our City and County
clients. DAC uses a comprehensive approach to inspecting public rights-of-way (PROW). In order to
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conduct an assessment of all the requirements in the PROW, DAC conducts manual measurements of the
field conditions and enters the information into our DACTrak pc tablet in the field. DAC has found that the
use of automated equipment for running slopes on sidewalks, such as ultra-light profilers, do not provide
an actual measurement, but only provide a chart showing ranges. In some cases, if a change in level is
greater than ½ inch, no actual quantifiable information is reported of how much greater or of the severity.
In order to get the actual measurements for the sidewalks and intersections, the use of a “profiler” does
not provide the measurements needed for items such as automated pedestrian signals and street
furniture.
f) As required by the ADA, the 2010 ADA Standards will be compared with state codes (Title 24 of the
California Building Code) and the standard that provides the greater level of accessibility utilized. As DAC
collects as-is field conditions and records all information, data can be reprocessed if codes change without
conducting a re-inspection, thus resulting in a significant savings when codes change and the plan needs
to be updated.
g) Provisions and standards for historic buildings will be applied as appropriate.
h) Assessments and reports will include a high degree of detail with photographs, code references, and cost
estimates. The DACTrak software and reports will include additional specifics, such as as-built dimensions,
progress reports, additional prioritizations, preset reporting features and other custom reports. Reports
will be delivered in the format requested, and reports will also be available using DACTrak. The inclusion
of photographs showing the as-is condition has proven to be valuable assistance to clients in the
formulation of the decisions regarding barrier removal priorities. The DACTrak software provides an easy
to use accessibility management platform that exceeds the ability to manage the plan by hard copies and
binders. The assessment report of each facility will include cost estimates to correct deficiencies in
accordance with the ADA, Title 24 of the California Building Code.
i) Barriers are identified by building, floor, or location and given a unique identifier record number (UIN) to
assist with navigation in the accessibility software and location of the finding and recommendation by area
and site. Estimated applicable costs will be given by item and element in accordance with industry
standards. Costs can be easily adjusted to adhere to any cost estimates the City may utilize.
j) Physical access problems that require structural solutions will be documented in the Compliance
Assessment/Transition Plan. The proposed method for removal will be provided. The transition plan will
identify physical barriers that may limit accessibility of City programs, services or activities for individuals
with disabilities. The schedule for removal of barriers and appropriate timelines will be developed in
consultation with the City.
k) The field survey information will be presented to the ADA Compliance Team as requested using the
DACTrak web-based accessibility management system. Many different types of reports will be available
for the City. Feedback will be incorporated as appropriate.
l) The survey data will be compiled into a Transition Plan which will identify actual as-is conditions and
prioritize current barriers, provide a schedule for barrier removal, as well as establish procedures for
addressing future accessibility issues. The Transition Plan data is able to be exported to Excel or PDF
formats. The Transition Plan data will include photographs, findings, recommendations, code references,
estimated costs, priority settings (in addition to prioritized report) in accessibility software for accessibility
management. Photographs and GIS coordinates are valuable for the development of the transition plan.
m) DAC will assist the City to solicit input from members of the community and persons with disabilities.
Methods will be utilized to solicit public input may include notices, information on the website and surveys.
n) The Transition Plan data will be provided using DACTrak which has management, monitoring, and web-
based tracking tools that allow staff to manage current and future accessibility issues, update the
deficiency status, and generate reports to show progress in meeting the Transition Plan requirements.
Phase II: Implementation Phase - Transition Plan Development
a) DAC will develop, in collaboration with the City a comprehensive ADA Self-Evaluation and Transition plan
for facilities, buildings and tennis court.
b) DAC will develop a first draft of the ADA Transition Plan with recommended priority levels.
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Disability Access Consultants Proposal to the City of Rancho Palos Verdes for ADA Consulting Services 11
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.
f) DAC will train the City in the use of the DACTrak web-based accessibility management system to prepare
reports as well as update and manage the ADA Plan.
g) DAC will provide an executive summary of the project.
h) 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.
i) 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
j) DAC will provide City staff with training regarding ADA Compliance from both a programmatic and
administrative point of view and also for facility management and maintenance.
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Disability Access Consultants Proposal to the City of Rancho Palos Verdes for ADA Consulting Services 12
COST PROPOSAL
1. Total estimated cost for the survey of the City’s Facilities and Parks (AL-2): $49,950*
Facilities and Parks
1. Planning Department
2. PVNET
3. City Hall (Admin & Catalina wing)
4. CH-33 Studio
5. Warhead Room / Shop
6. Sign Maintenance Building
7. PVIC
8. Ladera Linda 1
9. Ladera Linda 2
10. Ladera Linda 3
11. Ladera Linda 4
12. Ladera Linda 6
13. Pelican Cove
14. Abalone Cove
15. Abalone Cove Shoreline Park
16. Clovercliff Park
17. Del Cerro Park
18. Eastview Park
19. Founders Park
20. Frank E. Vanderlip Sr. Park
21. Fred Hesse Jr. Community Park
22. Grandview Park
23. Ladera Linda Park/Community Center
24. Marilyn Ryan Sunset Pt. Park
25. Martingale Trailhead Park
26. Pelican Cove
27. Point Vicente Interpretive Center
28. Point Vicente Park and Civic Center
29. Ryan E. Ryan Community Park
30. Ranchos Caninos Dog Park
31. Ranchos Palos Verdes Beach
32. Vista Catalina Park
2. Total estimated cost for the inspection of Public Rights-of-Way (AL-2): $110,000*
City has indicated it currently owns an estimated 220 linear sidewalk miles with in its City owned
Public Right -of-Way (PROW). DAC will survey an estimated 220 linear miles of City sidewalks, curb
ramps, APS intersections and bus stops for a total cost of $110,000 using the rate of $500 per linear
mile of sidewalk.
*Note: CJPIA is providing AL-2 assistance funding of $16,500 toward the cost of items 1 & 2.
Net cost to the City of Rancho Palos Verdes for the Facility, Park and PROW
inspections (AL-2) will be $154,450.
Example:
• $49,950 (Facilities/Parks) + $110,000 (PROW) = $159,950
• $159,950 - $16,500 (AL-2 Assistance) = $143,450
3. Review of policies, procedures and programs cost (AL-3): $5,000
Review of policies, procedures and programs and assistance with public input at a cost of $5,000
which is paid by the CJPIA for a net cost of zero.
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Disability Access Consultants Proposal to the City of Rancho Palos Verdes for ADA Consulting Services 13
Cost Summary
1. Total estimated cost for Facility/Park inspections (AL-2): $ 49,950
2. Total estimated cost for Public Rights-of-Way inspections (AL-2): $110,000
a. Total estimated cost Facilities, Parks and PROW Inspection $159,950
b. Less AL-2 Assistance Funding provided by CJPIA ($16,500)
Total AL-2 Cost AL-2 to City of Rancho Palos Verdes $143,450
3. Cost of review of policies, procedures and programs and assistance with public input: $5,000
a. Review of Programs, Policies and Procedures and Public Input Process.
b. Less AL-3 Assistance Funding provided by CJPIA ($5,000)
Total AL-3 to City of Rancho Palos Verdes $0.00
4. DACTrak Licensing is paid for by the CJPIA in year one. $2,000
a. Less CJPIA DACTrak Assistance ($2,000)
b. Year 2 and beyond DACTrak licensing is $2,000/year.
Total DACTrak Cost to City of Rancho Palos Verdes in Year 1 $0.00
*Total AL-2 and AL-3 Assistance provided by CJPIA: $23,500
SCHEDULE: SCOPE OF SERVICES SUMMARY BY ESTIMATED TIMELINES
Based upon experience, a project milestone chart is provided in months. It is estimated that the project will be
completed in 12 months, or sooner. The chart below is a summary of major milestones and is not necessarily
representative of all the individual project activities.
Scope of Service –Activity or Task 1 2 3 4 5 6 7 8 9 10 11 12
DAC Team Meeting with City of Rancho Palos Verdes kick-off
meeting; 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)
Public input and community outreach
Draft Self-Evaluation of services, policies, programs and practices
First Draft Presentation to selected City staff (recommended that
the review occur at several milestones, not only at the conclusion)
Final Draft
Deliverables completed and provided to City
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Disability Access Consultants Proposal to the City of Rancho Palos Verdes for ADA Consulting Services 14
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 Rancho Palos
Verdes, any associates, representative, consultants, sub consultants, or others.
DAC does not have any conditions that would affect our ability to perform the services described in this
proposal. DAC does not have any previous, pending or current litigation. Our firm has not been debarred,
suspended or declared ineligible to contract with any federal state or local public agency. The firm, owners
or president is not in the Federal Excluded parties List System (EPLS) for Ineligible Professionals and Debarred
Contractors.
Insurance Coverage and Stability
Disability Access Consultants carries all the necessary insurance coverage, such as general liability, automobile
liability, worker’s compensation and employer’s liability, and professional errors and omissions malpractice
liability insurance. DAC has a no claims record on all policies for our entire 20 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.
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Disability Access Consultants Proposal to the City of Rancho Palos Verdes for ADA Consulting Services 15
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.
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.
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Disability Access Consultants Proposal to the City of Rancho Palos Verdes for ADA Consulting Services 16
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.
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Disability Access Consultants Proposal to the City of Rancho Palos Verdes for ADA Consulting Services 17
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.
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Disability Access Consultants Proposal to the City of Rancho Palos Verdes for ADA Consulting Services 18
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.
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Disability Access Consultants Proposal to the City of Rancho Palos Verdes for ADA Consulting Services 19
The Dual Photo and Basic Photo Reports may be exported to an Excel workbook for easy management of the
transition plan data. The Excel workbook exports into a pre-formatted table with the filter function atop each
data column. The report is a fully functioning Excel spreadsheet that may be sorted, filtered and manipulated
by the user. The column for Picture identification numbers includes cells that are live links to the second tab
of the workbook which contains report photos. Clicking the cell for a particular report finding will bring up the
associated picture on the Photos tab.
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Disability Access Consultants Proposal to the City of Rancho Palos Verdes for ADA Consulting Services 20
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.
Record Manager
allows the user
to choose which
record to update
individually.
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Disability Access Consultants Proposal to the City of Rancho Palos Verdes for ADA Consulting Services 21
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.
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Disability Access Consultants Proposal to the City of Rancho Palos Verdes for ADA Consulting Services 22
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.
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Disability Access Consultants Proposal to the City of Rancho Palos Verdes for ADA Consulting Services 23
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.
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EXHIBIT “B”
March 14, 2017 Agreement between CJPIA and DAC
A-27
PROFESSIONALSERVICESAGREEMENTTHISAGREEMENTforProfessionalServices(“Agreement”)ismadethis dayofMarch14,2017(“EffectiveDate”)by andbetweentheCaliforniaJointPowersInsuranceAuthority(“Authority”)andDisabilityAccessConsultants(“Consultant”)(togethersometimesreferredtothe“Parties”).Section1.SERVICES.SubjecttothetenusandconditionssetforthinthisAgreement, ConsultantshallprovidetoAuthoritytheservicesdescribedintheScopeofWorkattachedasExhibitA,andincorporatedhere.SuchworkshallbeprovidedatthetimeandplaceandinthemannerspecifiedinExhibitA.IntheeventofaconflictinorinconsistencybetweenthetermsofthisAgreementandExhibitA,thisAgreementshallprevail.1.1TermofServices.ThetermofthisAgreementshallbeginontheEffectiveDateandshallend onJune30.2018.ConsultantshallcompletetheworkdescribedinExhibitApriortothatdate,unlessthetermoftheAgreementisothenviseterminatedorextendedasprovidedforinSection8.ThetimeprovidedtoConsultanttocompletetheservicesrequiredbythisAgreementshallnotaffecttheAuthority’srighttoterminatetheAgreement,asprovidedforinSection8.1.2StandardofPerformance.ConsultantshallperformallservicesrequiredpursuanttothisAgreementinthemannerandaccordingtothe standardsobservedbyacompetentpractitionerincludingthenecessaryexpertiseorknowledgeoftheprofessioninwhichConsultantisengagedinthegeographicalareainwhichConsultantpracticesitsprofessionandtothesolesatisfactionoftheprojectrepresentative.1.3AssignmentofPersonnel.ConsultantshallassignonlycompetentpersonneltoperformservicespursuanttoAgreement.Intheeventthat Authority,initssolediscretion,atanytimeduringthetermofthisAgreement,desiresthereassignmentofanysuchpersons,Consultantshall,immediatelyuponreceivingnoticefromAuthorityofsuchdesireofAuthority,reassignsuchpersonorpersons.1.4Time.Consultantshalldevotesuchtimetotheperformanceofservices pursuanttothisAgreementasmaybereasonablynecessarytosatisfyConsultant’sobligationshereunder.1.5AuthorizationtoPerformServices.TheConsultantisnotauthorizedtoperformanyservicesorincuranycostswhatsoeverunderthetermsofthisAgreementuntilreceiptofauthorizationfromtheAuthority’sprojectrepresentative.1.6EligibleRecipientsofServices.AuthoritymemberswillreceiveafundingallowancetowardADA assistancelevelservicesasoutlined underthescopeofthisagreement.AdditionalservicesoutsideoftheADAassistancelevel servicesshallbeattheagreeduponhourlyrateof$98perconsultant.AllmembersoftheAuthorityareeligible,includingbut notlimitedto:3/14/17FINALDAC/JPIAPage1A-28
CityofAgouraHills,AgouraHills/CalabasasCommunityCenter,CityofAlisoViejo,TownofAppleValley,AreaBDisasterManagement, AreaEDisasterManagement,CityofArroyoGrande,CityofArtesia,CityofAtascadero,CityofAzusa,CityofBellGardens,CityofBeilfiower,BigBearCityCommunityServicesDistrict,BigBearFireAuthority,CityofBigBearLake,CityofBishop,BlackGoldCooperativeLibrarySystem,CityofBradbury,CityofBrawley,CityofBueliton,CityofCalabasas,CityofCamarillo, CityofCarpinteria, CityofCerritos,CityofChinoHills,CityofClaremont,CoachellaValleyAssociationofGovernments, CoachellaValleyConservationCommission,Coastal AnimalServicesAuthority,CityofCommerce,CityofDana Point,DesertRecreationDistrict,CityofDiamondBar,CityofDuarte,EasternSierraTransportationAuthority,CityofElCentro,CityofFillmore,CityofFountainValley,GatewayCitiesCouncilofGovernments,CityofGoleta,CityofGrandTerrace,CityofGroverBeach,CityofGuadalupe,CityofHawaiianGardens,CityofHiddenHills,CityofImperial,CityofIndianWells,CityofIndio,CityofIrwindale,CityofLaCanadaFlintridge,CityofLaHabraHeights,LAIMPACT, CityofLaMirada,CityofLaPalma,CityofLaPuente,CityofLaQuinta,CityofLaVerne,CityofLagunaNiguel,CityofLagunaWoods,CityofLakeElsinore,CityofLakeForest,CityofLakewood,LA-RICS,CityofLawndale,CityofLomaLinda,CityofLomita, CityofMalibu,TownofMammothLakes,MidpeninsulaRegionalOpenSpaceDistrict, CityofMissionViejo,CityofMonrovia,MontereyPeninsulaRegionalParkDistrict, CityofMoorpark,CityofMorroBay,MountainAreaRegionalTransportationAuthority,CityofNeedles,CityofNorwalk,CityofOjai,OrangeCountyCouncilofGovernments,CityofPalmDesert,CityofPalosVerdesEstates,PalosVerdesPeninsulaTransitAuthority,CityofParamount,CityofPasoRobles,CityofPicoRivera,CityofPismoBeach,PomonaValley TransportationAuthority,CityofPortHueneme,CityofPoway,CityofRanchoPalosVerdes,CityofRollingHills,CityofRollingHillsEstates,CityofRosemead,CityofSanClemente,CityofSanDimas,CityofSanGabriel,CityofSanJuan Capistrano,CityofSanLuisObispo, CityofSanMarcos,CityofSanMarino,CityofSantaFeSprings,CityofSanta Paula, CityofSealBeach,CityofSeaside,SeasideCountySanitation,CityofSierraMadre,CityofSignalHill,CityofSolvang, CityofSouthElMonte,SoutheastAreaAnimal Control Authority,SouthernCaliforniaAssociationofGovernments,CityofTempleCity,VenturaPort District,CityofVillaPark,CityofWalnut,WestCities PoliceCommunicationCenter,CityofWestlakeVillage.Section2.COMPENSATION.AuthorityherebyagreestopayConsultantinaccordancewiththepaymentscheduleassetforthinExhibitB,attachedheretoandincorporatedherein byreferenceasthoughsetforthinfull,baseduponworkcompleted,asdefinedinExhibitA.IntheeventofaconflictbetweenthisAgreementandExhibitA,regardingtheamountofcompensation,thisAgreementshallprevail.AuthorityshallpayConsultantforservicesrenderedpursuanttothisAgreementatthetimeandinthemannersetforth herein.Thepaymentsspecified belowshall be theonlypaymentsfromAuthoritytoConsultantforservicesrenderedpursuanttothis Agreement.ConsultantshallsubmitallinvoicestoAuthorityinthemannerspecifiedherein.ExceptasspecificallyauthorizedinadvancebyAuthority,ConsultantshallnotbillAuthorityforduplicateservicesperformedbymorethanone person.3/14/17FINALDAC/JPIAPage2A-29
2.1Invoices.ConsultantshallsubmitinvoicesduringthetermofthisAgreement,basedontheworkcompleted,andwithin30days.Allworkbilledshallbeonapermemberbasis,withanitemized detailofset-vicesperformed.2.2Payment.Authorityshallmakemonthlypayments,basedoninvoices received,forservicessatisfactorilyperformed,andforauthorizedreimbursablecostsincutTed.Authorityshallhave30days fromthereceiptofaninvoicethatcomplieswithalloftherequirements abovetopayConsultant.2.3TotalPayment.AuthorityshallnotpayanyadditionalsumforanyexpenseorcostwhatsoeverincurredbyConsultantinrenderingservicespursuanttothisAgreement.Authorityshallmakenopaymentforany extra,further,oradditionalservicepursuanttothisAgreement.2.4PaymentofTaxes.ConsultantissolelyresponsibleforthepaymentofemploymenttaxesincurredunderthisAgreementandanyfederalorstate taxes.2.5PaymentuponTermination.Intheeventthat theAuthorityorConsultanttetminatesthisAgreementpursuanttoSection8,theAuthorityshaltcompensatetheConsultantforalloutstandingcostsandreimbursableexpensesincurredforworksatisfactorilycompletedasofthedateofwrittennoticeoftermination. Consultantshallmaintainadequatelogsandtimesheetsinordertoverifycostsincurredtothatdate.Section3.EQUIP1tIENT.Exceptasotherwiseprovided,Consultantshall,atitssolecost andexpense,provideallsuppliesandequipmentnecessarytoperform the servicesrequiredbythisAgreement.Section4.INSURANCEREQUIREMENTS.WithoutlimitingConsultant’sindemnificationofAuthority,andpriortocommencementofWork,Consultantshallobtain,provideandmaintainat itsownexpenseduringthetermofthisAgreement,policiesofinsuranceofthetypeandamountsdescribedbelowandinaformsatisfactorytoAuthority.4.1GeneralLiabilityInsurance.ConsultantshallmaintaincommercialgeneralliabilityinsurancewithcoverageatleastasbroadasInsuranceServicesOfficeformCG0001,inanamountnotlessthan$1,000,000peroccurrence,$2,000,000generalaggregate,forbodilyinjury,personalinjury,andpropertydamage. Thepolicymustincludecontractualliabilitythat hasnotbeenamended.Any endorsementrestrictingstandard[SO“insuredcontract”languagewill notbeaccepted.4.2AutomobileLiabilityInsurance.ConsultantshallmaintainautomobileinsuranceatleastasbroadasInsuranceServicesOfticeformCA0001coveringbodilyinjuryandpropertydamageforatlactivitiesoftheConsultant arisingoutoforinconnectionwithWorktobeperformedunderthisAgreement,includingcoverageforanyowned,hired,non-ownedor rentedvehicles,inanamountnotlessthanS1.000,000combinedsinglelimitforeachaccident.3/14/17FINALDAC/JPIAPage3A-30
4.3ProfessionalLiabiLity(Errors&Omissions)Insurance.ConsultantshallmaintainprofessionalliabilityinsurancethatcoverstheServicestobeperformedinconnectionwith thisAgreement,intheminimumamountof$l,000,000per claimandintheaggregate. Anypolicy inceptiondate,continuitydate,orretroactivedatemustbebeforetheeffectivedateofthisagreementandConsultantagreestomaintaincontinuouscoveragethroughaperiodnolessthanthreeyearsaftercompletionoftheservicesrequiredbythisagreement.4.4Workers’CompensationInsurance.ConsultantshallmaintainWorkers’CompensationInsurance(StatutoryLimits)andEmployer’s LiabilityInsurance(withlimitsofatleast$1,000,000).4.5ProofofInsurance.ConsultantshallprovidecertificatesofinsurancetoAuthorityasevidenceoftheinsurancecoveragerequiredherein,alongwithawaiverofsubrogationendorsementforworkets’ compensation.InsurancecertificatesandendorsementsmustbeapprovedbyAuthoi-ity’sriskmanagerpriortocommencementofperfonnance.CurrentcertificationofinsuranceshallbekeptonfilewithAuthorityatalltimesduringthetermofthiscontract.Authorityreservestherighttorequirecomplete,certifiedcopiesofallrequiredinsurancepolicies,atanytime.4.6DurationofCoverage.Consultantshallprocureandmaintainforthedurationofthecontractinsurance againstclaimsforinjuriestopersonsordamagestoproperty,whichmayarisefromorinconnectionwith theperformanceoftheworkhereunderbyConsultant,itsagents,representatives,employeesorsub-consultants.4.7Primary/Noncontributing.CoverageprovidedbyConsultantshall beprimaryandanyinsuranceoi-self-insuranceprocuredormaintainedbyAuthorityshallnot berequiredtocontributewithit.Thelimitsofinsurancerequiredhereinmaybesatisfiedbyacombinationofprimaryandumbrellaorexcessinsurance.Any umbrellaorexcessinsuranceshallcontainorbeendorsedtocontainaprovisionthatsuchcoverageshallalsoapplyonaprimaryandnon-contributorybasisforthebenefitofAuthoritybeforetheAuthority’sowninsuranceorself-insuranceshallbecalledupontoprotectitasanamedinsured.4.8Authority’sRightsofEnforcement.Inthe eventanypolicyofinsurancerequiredunderthisAgreementdoesnotcomplywiththesespecificationsoriscanceledandnotreplaced,AuthorityhastherighthutnotthedutytoobtaintheinsuranceitdeemsnecessaryandanypremiumpaidbyAuthoritytvillbepromptlyreimbursedbyConsultantorAuthoritywillwithholdamounts sufficienttopaypremiumfiornConsultantpayments.Inthealternative,AuthoritymaycancelthisAgreement.4.9AcceptableInsurers.AllinsurancepoliciesshallbeissuedbyaninsurancecompanycurrentlyauthorizedbytheInsuranceCommissionertotransact businessofinsuranceorisontheListofApprovedSurplusLineinsurersintheStateofCalifornia,withanassignedpolicyholders’RatingofA-(orhigher)andFinancialSizeCategoryClassVI3/14/17FINALDAC/JPIAPage4A-31
(orlarger)inaccordancewith the latesteditionofBest’sKeyRatingGuide,unlessotherwiseapprovedbytheAuthority’sriskmanager.4.10WaiverofSubrogation.Allinsurancecoveragemaintainedorprocuredpursuanttothisagreementshallbeendorsedtowaivesubrogationagainst Authority,itselectedorappointedofficers, agents,officials, employeesandvolunteersorshallspecificallyallowConsultantor othersprovidinginsuranceevidenceincompliance withthesespecificationstowaivetheirrightofrecovery priortoaloss.Consultanthereby waivesitsown rightofrecoveryagainstAuthority,andshallrequiresimilarwrittenexpresswaiversandinsuranceclausesfromeachofitssub-consultants.4.11EnforcementofContractProvisions(NonEstoppel).Consultantacknowledgesandagreesthatanyactualorallegedfailureonthe partoftheAuthoritytoinformConsultantofnon-compliancewithanyrequirementimposesnoadditionalobligationsontheAuthoritynordoesitwaiveany rightshereunder.4.12RequirementsNotLimiting.Requirementsofspecificcoverage featuresor limitscontainedinthis Sectionarenotintendedasalimitationoncoverage,limitsorotherrequirements,orawaiverofanycoveragenormally provided byanyinsurance.Specificreferencetoagivencoveragefeatureisforpurposesofclarificationonlyasitpertainstoagivenissueandisnotintendedbyanypartyorinsuredtobeallinclusive,ortotheexclusionofothercoverage,orawaiverofanytype.IftheConsultant maintainshigherlimitsthantheminimumsshownabove, theAuthorityrequiresandshallbeentitledtocoverageforthehigherlimitsmaintainedbytheConsultant.AnyavailableinsuranceproceedsinexcessofthespecifiedminimumlimitsofinsuranceandcoverageshallbeavailabletotheAuthority.4.13NoticeofCancellation.ConsultantagreestoobligeitsinsuranceagentorbrokerandinsurerstoprovidetoAuthoritywithathirty(30)daynoticeofcancellation(exceptfornonpaymentforwhichaten (10)daynoticeisrequired)ornonrenewalofcoverageforeachreqtLiredcoverage.4.14AdditionalInsuredStatus.GeneralliabilitypoliciesshallprovideorbeendorsedtoprovidethatAuthorityanditsofficers,officials, employees,agents,volunteers,andmembersshallbeadditionalinsureds undersuchpolicies.Thisprovisionshallalsoapplytoanyexcess/umbrella liabilitypolicies.4.15ProhibitionofUndisclosedCoverageLimitations.Noneofthecoverages requiredhereinwillbeincompliancewiththeserequirementsiftheyincludeanylimitingendorsementofany kindthathasnotbeenfirstsubmittedtoAuthorityandapprovedofinwriting.4.16SeparationofInsureds.Aseverabilityofinterests provisionmust applyforalladditionalinsuredsensuringthatConsultant’sinsuranceshallapplyseparatelytoeachinsured againstwhom claimismadeorsuitisbrought,exceptwithrespecttothe3/14/17FINALDAC/JPIAPage5A-32
insurer’slimitsofliability.Thepolicy/policiesshallnotcontainanycross-liabilityexcicLSIOfl5.4.17PassThroughClause.Consultantagreestoensurethatitssub-consultants,subcontractors,andanyotherpartyinvolvedwiththeprojectwhoisbroughtontoorinvolvedintheprojectbyConsultant,providethesameminimuminsurancecoverageandendorsementsrequiredofConsultant.Consultantagreestomonitorandreviewallsuchcoverageandassumesallresponsibilityforensuringthatsuchcoverageisprovidedinconformitywiththerequirementsofthissection.Consultantagreesthatuponrequest,allagreementswithconsultants,subcontractors,andothersengagedintheprojectwillbesubmittedtoAuthorityforreview.4.18Authority’sRighttoReviseSpecifications.TheAuthorityreservestherightatanytimeduringthetermofthecontracttochangetheamountsandtypesofinsurancerequiredbygivingtheConsultantninety(90)daysadvancewrittennoticeofsuchchange.IfsuchchangeresultsinsubstantialadditionalcosttotheConsultant,theAuthorityandConsultantmayrenegotiateConsttltant’scompensation.4.19Self-InsuredRetentions.Anyself-insuredretentionsmustbedeclaredtoandapprovedbyAuthority.Authorityreservestherighttorequirethatself-insuredretentionsbeeliminated,lowered,orreplacedbyadeductible.Self-insurancewillnotbeconsideredtocomplywiththesespecificationsunlessapprovedbyAuthority.4.20TimelyNoticeofClaims.ConsultantshallgiveAuthoritypromptandtimelynoticeofclaimsmadeorsuitsinstitutedthatariseotttoforresultfromConsultant’sperformanceunderthisAgreement,andthatinvolveormayinvolvecoverageunderanyoftherequiredliabilitypolicies.4.21AdditionalInsurance.Consultantshallalsoprocureandmaintain,atitsowncostandexpense,anyadditionalkindsofinsurance,whichinitsownjudgmentmaybenecessaryforitsproperprotectionandprosecutionofthework.Section5.INDEMNIFICATIONConsultantshallindemnify,defendwithcounselacceptabletoAuthorityandholdharmlesstheAuthorityanditsofficials,officers,employees,agents,members,andauthorizedvolunteersfromandagainstanyandalllosses,liabilities,claims,suits,actions,arbitrationproceedings,administrativeproceedings,regulatoryproceedings,damagesandexpensesofanykind,whetheractualorthreatened,(includingbutnotlimitedtoattorneys’feesandcosts,courtcosts,interestdefensecosts,andexpertwitnessfees)wherethesameariseoutofareaconsequenceoforareinanywayattributableto,inwholeorinpart,theperformanceofthisAgreement(orthefailuretoperform)byConsultantorbyanyindividualorentityforwhichConsultantislegallyliable,includingbutnotlimitedtoofficers,agents,employeesorsubcontractorsofConsultant.Suchindemnification,defenseandholdharmlessextendtoConsultant’sprovision,use,transportandstorageofhazardousmaterials,asthosecommonlyaredefinedunderstateandfederallawsandregulations.3/14/17FINALDAC/JPIAPage6A-33
TheforegoingobligationofConsultantshallnotapplywhen(1)theinjury,lossoflife,damagetopropertyorviolationoflawariseswhollyfromthenegligenceorwillful misconductoftheAuthorityoritsofficers,employees,agents,members,orauthorizedvolunteersand(2)theactionsofConsultantoritsemployees,subcontractorsoragentshave contributedinnoparttotheinjury,lossoflife,damagetoproperty,orviolationoflaw.ItisunderstoodthatthedutyofConsultanttoindemnifyandholdharmlessincludesthedutytodefendassetforthinSection2778oftheCaliforniaCivilCode.AcceptancebyAuthorityofinsurancecertificatesandendorsementsrequiredunderthisAgreementdoesnotrelieve Consultantfromliabilityunderthisindemnificationandholdharmlessclause.Thisindemnificationandholdharmlessclauseshallapplytoanydamagesorclaimsfordamageswhetherornotsuchinsurancepoliciesshallhavebeendeterminedtoapply.ByexecutionofthisAgreement,ConsultantacknowledgesandagreestotheprovisionsofthisSectionandthatitisamaterialelementofconsideration.Section6.STATUSOFCONTRACTOR.6.1IndependentContractor.AtalltimesduringthetermofthisAgreement,Contractorshallbeanindependent contractorandshallnot beanemployeeofAuthority.AuthorityshallhavetherighttocontrolContractoronlyinsofarasthe resultsofContractor’sservicesrenderedpursuanttothisAgreementandassignmentofpersonnelpursuanttoSubparagraph1.3;however,otherwise Authorityshallnothavetherighttocontrolthemeansby whichContractoraccomplishesservicesrenderedpursuanttothisAgreement.NotwithstandinganyotherAuthority,state,orfederalpolicy,rule,regulation,law,orordinancetothe contrary,ContractorprovidingservicesunderthisAgreementshallnotqualifyfororbecomeentitledtoanycompensation,benefit,oranyincidentofemploymentbyAuthority,includingbutnotlimitedtoeligibilitytoenrollintheCaliforniaPublicEmployeesRetirementSystem(PERS)asanemployeeofAuthorityandentitlementtoanycontributiontobepaidbyAuthorityforemployercontributionsand/or employee contributionsfor PERSbenefits.ItisunderstoodbythepartiesthatContractorisindependentanddoesnotconstituteacommonlaw(employer-employee)relationshipandsaidagreementisexemptforthepost-retirementemploymentrequirements.Section7.LEGALREQUIREMENTS.7.1GoverningLaw.ThelawsoftheStateofCaliforniashallgovernthisagreement.7.2CompliancewithApplicableLaws.Consultantandanysubcontractorshallcomplywithallapplicablelocal,stateandfederallawsandregulationsapplicabletotheperformanceoftheworkhereunder.7.3Licensesand Permits.ConsultantrepresentsandwarrantstoAuthoritythatConsultantanditsemployees.agents.andanysubcontractorshavealllicenses,permits,qualifications,andapprovalsofwhatsoevernaturethatislegallyrequiredtopracticetheirrespectiveprofessions.ConsultantrepresentsandwarrantstoAuthoritythatConsultantanditsemployees,agents,anysubcontractorsshall,attheirsolecost andexpense,keepin3/14/17FINALDAC/JPIAPage7A-34
effectatalltimesduringthe termorthisAgreementanylicenses,permits,andapprovalsthatarelegally requiredtopracticetheirrespective professions.Inadditiontotheforegoing,Consultantandanysubcontractorsshall obtainandmaintainduringthe termofthisAgreementvalidBusinessLicensesfromAuthority.Section8.TERMINATIONANDMODIFICATION.8.1Termination.AuthorityandConsultant herebyagreethat thisAgreementmaybecancelledupon30 days’writtennotice.Inthe eventofterniination, Consultantshallbeentitledtocompensationforservicesperformedtotheeffectivedateoftermination;Authority,however,mayconditionpaymentofsuchcompensationuponConsultantdeliveringtoAuthorityanyoralldocuments,photographs, computersoftware,videoandattdiotapes,andother materialsprovidedtoConsultantorpreparedbyorforConsultantortheAuthorityinconnectionwiththisAgreement.8.2Extension.Bothpal-tiesagreethatextendingtheAgreementbeyond that providedforinSubsection1.1maybeinthebestinterestofallconcerned.AnysuchextensionshallrequireawrittenamendmenttothisAgreement,asprovidedforherein.AuthorityandConsultant understandandagree that,ifbothparties agreetosuchanextension,alltermsandconditionsoftheoriginalAgreementshallremainthe same,andextendedtothedateprovidedforinsaidamendment.8.3Amendments.ThepartiesmayamendthisAgreementonlybyawritingsignedbyalltheparties.8.4Survival.Allobligationsarising priortotheterminationofthisAgreementandallprovisionsofthisAgreementallocatingliabilitybetweenAuthorityandConsultantshallsurvivetheterminationofthisAgreement.8.5OptionsuponBreachbyConsultant.IfConsultantmateriallybreachesanyofthetermsofthisAgreement,Authority’sremediesshallinclude,butnotbelimitedto,anyorallofthefollowing:8.5.11mmcdiatelyterminatetheAgreement;8.5.2Retainthedocuments,andanyotherworkproductpreparedby ConsultantpursuanttothisAgreenient;8.5.3Retainadifferent ConsultanttocompletetheworkdescribedinExhibitAnotfinishedbyConsultant;or8.5.4ChargeConsultantthedifference betweenthecoststocompletetheworkdescribedinExhibitAthatisunfinishedatthetimeofbreachandthe3/14/17FINALDAC/JPIAPagesA-35
amountthatAuthority wouldhavepaidConsultantputsuanttoSection2ifConsultanthadcompletedthework.Section9.KEEPINGANDSTATUSOFRECORDS.9.1RecordsCreatedasPartofConsultant’sPerformance.Allreports.data,maps.models,charts,studies,surveys,photographs, memoranda,plans,studies,specifications,records,files,oranyother documentsormaterials,inelectronicoranyotherformthatConsultantpreparesorobtainspursuanttothisAgreementandthatrelatetothematterscoveredhereunder,shallbethepropertyoftheAuthority.ConsultantherebyagreestodeliverthosedocumentstotheAuthorityuponterminationoftheAgreement.9.2Consultant’sBooksandRecords.Consultantshallmaintainanyandallledgers,booksofaccount.invoices,vouchers,canceledchecks,andotherrecordsordocumentsevidencingorrelatingtochargesforservicesorexpendituresanddisbursementschargedtotheAuthorityunderthisAgreementforaminimumofthree(3)years,orforanylongerperiodrequiredbyLaw,from thedateoffinalpaymenttotheConsultanttothisAgreement.9.3InspectionandAuditofRecords.AnyrecordsordocumentsthatSection9.2ofthisAgreementrequiresConsultanttomaintainshallbemadeavailableforinspection,audit,and/orcopyingatanytimeduringregularbusinesshours,uponoralorwrittenreqtiestof,theAuthority.UnderCaliforniaGovernmentCodeSection 8546.7,iftheamountofpublicfundsexpendedunderthisAgreementexceedsTenThousandDollars($10,000.00),theAgreementshallbesubjecttotheexaminationandauditoftheStateAuditor,attherequestofAuthorityoraspartofanyauditoftheAuthority,foraperiodofthree(3)yearsafterfinalpaymentundertheAgreement.Section10.MISCELLANEOUSPROVISIONS.101.Attorneys’Fees.IfeitherpartytothisAgreementbringsanyaction,includinganactionfordeclaratoryrelieLtoenforceorinterprettheprovisionofthisAgreement,theprevailingpartyshallbeentitledtoreasonableattorneys’feesinadditiontoanyotherrelieftowhichthatpartymaybeentitled.Thecourtmaysetsuchfeesinthesameactionorinaseparateaction broughtforthatpurpose.10.2Venue.IntheeventthateitherpartybringsanyactionagainsttheotherunderthisAgreement,theparties agreethattrialofsuchactionsla1lbevestedexclusivelyinOrangeCounty.10.3Severability.IfacourtofcompetentjurisdictionfindsorrulesthatanyprovisionofthisAgreementisinvalid,void,orunenforceable,theprovisionsofthisAgreementnotsoadjudgedshallremaininfullforceandeffect.TheinvalidityinwholeorinpartofanyprovisionofthisAgreementshallnotvoidoraffectthevalidityofanyotherprovisionofthisAgreement.3/14/17FINALDAC/JPIAPage9A-36
10.4NoImpliedWaiverofBreach.ThewaiverofanybreachofaspecificprovisionofthisAgreementdoesnotconstituteawaiverofanyother breachofthattermoranyothertermofthisAgreement.10.5SuccessorsandAssigns.TheprovisionsofthisAgreementshallinuretothebenefitofandshallapplytoandbindthesuccessorsandassignsoftheparties.10.6ConsultantRepresentative.AllmattersunderthisAgreementshallbehandledforConsultantbyBarbaraThorpe.10.7AuthorityContractAdministration.ThisAgreementshallbeadministeredbyNormanLefiuann(“ContractAdministrator”).AllcorrespondenceshallbedirectedtoorthroughtheContractAdministratororhisdesignee.10.8Notices.AnywrittennoticetoConsultantshallbe sentto:BarbaraThorpe,President/CEODisabilityAccessConsultants2243featherRiverBoulevardOroville,CA95965AnywrittennoticetoAuthorityshallbesenttotheprojectrepresentative,AbrahamHan.10.9Integration.ThisAgreement.includingthescopeofworkattachedheretoandincorporatedhereinasExhibitA,representstheentireandintegratedagreementbetweenAuthorityandConsultantandsupersedesallpriornegotiations,representations,oragreements,eitherwrittenor oral.10.10Counterparts.ThisAgreementmaybeexecutedinmultiplecounterparts,eachofwhichshallbeanoriginalandallofwhichtogethershallconstituteoneagreement.ThePartieshaveexecutedthisAgreementasoftheEffectiveDate.AUTHORITYCONSULTANTJohull,ChiefExecutiveOfcerBarbaraThorpe.President/CEO3/14/17FINALDAC/JPIAPage10A-37
EXHIBITASCOPEOfSERVICESConsultantwillprovidethenecessaryprofessionalservices:AssistanceLevel1:MemberAssessmentandOverallDiagnosticProfileConsultantwillperformanassessmenttodeterminethecurrentlevelofADAcompliance,inaccordancewithTitleIIoftheAmericanswithDisabilitiesAct,Section504oftheRehabilitationActandTitle24oftheCaliforniaBuildingCode,andplanacourseofactiontoenhancecompliance.ConsultantwillreviewtheinitiativesoftheMembertoassesswhethertheMemberhasmetanyorallofthemandatorycompliancerequirementsoftheADA,Section504oftheRehabilitationActandTitle24 andrelatedaccessibilitystandardsandrequirements.If,after review,itisdeterminedthatthememberneedstocompleteorreviseanyoftherequiredcompliance components,Consultantwillprovidearecommendedcomplianceplanthatmayincludeother assistance-leveloptions.AllmembersparticipatingintheAuthority’sADA AssistanceProgramshallreceiveAssistanceLevel1bydefault.Followingisalistofitemsdeterminedduringanassessment:•AnADAcoordinatorhasbeendesignated,noticed,andposted.•Each sitehasacurrenttransitionlbarrierremovalplanthatmeets therequirementsunderTitleIIoftheADA.•Aself-evaluationofprograms,services,activities,policies,procedures,andpracticeshasbeencompleted.•Thememberhasupdateditscurrenttransition/barrierremovalplan,ifapplicable.•CurrentADAtransition/barrierremovalplansincludeallsites,suchasnewsitesaddedsince thecompletionofthepreviousplan.•Spaceleased“to”othersbythememberisidentified.•AnycurrentADA-relatedconcernsorissuesareidentified,includinganypendingoractuallitigation.•ThemembermayneedquestionsansweredregardingtheADA,Title24oftheCaliforniaBuildingCode(CBC)orrelatedaccessibilitystandards.•Staffdevelopmentactivitieshavebeen providedorarerequested.•MethodsandprioritiesarerecommendedtomembersforachievingADAcompliance.2.AssistanceLevel2:InspectionofSites,DevelopmentofTransition/BarrierRemovalPlansConsultantwillinspectsitesthatmaybenewornotinspectedpreviously,orhavehadextensivemodernizationormajorremodeling.Workwillincludeinspectionofmemberfacilitiesandpublicrights-of-way,andidentificationofbarrierstoaccessibility,solutionstoremovethesebarriers,andincorporationoftheinformationintoConsultant’saccessibilitymanagementsoftware.3/14/17FINALDAC/JPIAPage11A-38
AspartofAssistanceLevel2,Consultantwillprovidetraining regardingtheuseofthemanagementportionofDACTrak.AssistanceLevel2doesnotincludecomprehensivetrainingintheuseofDACTrakforthemembertocollecttheirowndata.3.AssistanceLevel3:Self-EvaluationofPolicies, Procedures,PracticesConsultantwillconductareviewofpolicies,procedures,andpracticestodetermineifanyarediscriminatoryorpotentiallydiscriminatory.Programs,services,andactivitieswouldbereviewedtodetermineaccessibilitybypersonswithdisabilities.3/14/17FINALDAC/JPIAPage12A-39
EXHIBITBRATESANDSCHEDULEOFPAYMENTSBillingandReimbursement:AssistanceLevel1:MemberAssessmentandOverallDiagnosticProfileTherateforthisassistancelevelisatotalone-timechargepermemberof$2,800,whichincludesallexpenses.2.AssistanceLevel2:InspectionofSites,DevelopmentofTransition/BarrierRemovalPlansThehourlyrateis$98perconsultant,plusactualexpenses.Anyamountsforservicesprovidedbeyondthe$16,500per-memberfundingallowancewillbebilledtoAuthorityforpayment.DACTrakSoftwareLicenseMembersthathaveDACperforminspectionsofallfacilitiesandpublicrightsofway(AssistanceLevel2)shallreceiveaone-year DACTraksoftwarelicenseatnocosttoeitherthememberortheAuthority.Inallotherinstances,theAuthorityshallpaythefirstyearoftheDACTraksoftwarelicensefeeforthemember.AnyDACTraksoftwarelicensefeesbeyondthefirstyearshallbepaidbythememberandnotbytheAuthority.TheDACTrakannualsoftwarelicensefeeis$2,000.3.AssistanceLevel3:Self-EvaluationofPolicies,Procedures, PracticesThehourlyrateis$98perconsultant,plusactualexpenses.Foramountsforservicesprovidedbeyondthe$5,000per-memberfundingallowancewillbebilledtoAuthorityforpayment.4.ExpensesReasonable,actualexpenseswillbechargedasauthorizedbyAuthorityandmayincludemileageattheIRSrate,hotel,meals,rentalcar,airfare(nofirst-classflights)andtraveltime.3/14/17FINALDAC/JPIAPage13A-40
EXHIBIT “C”
May 14, 2018 Addendum to the Agreement between CJPIA and DAC
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