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HomeMy WebLinkAboutE-4 Staff Report - ADA Self Evaluation and Transition Plan MOUCONSENT ITEM E-4 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: TANYA BRAGG, DIRECTOR OF HUMAN RESOURCES & RISK MANAGEMENT DATE: FEBRUARY 4, 2019 SUBJECT: CONSIDER MEMORANDUM OF UNDERSTANDING (MOU) WITH CALIFORNIA JOINT POWERS INSURANCE AUTHORITY AND THE CITY OF AZUSA FOR AMERICANS WITH DISABILITIES ACT (ADA) ASSISTANCE PROGRAM BACKGROUND: Access to civic life by people with disabilities is a fundamental goal of the Americans with Disabilities Act (ADA). To ensure this goal is met, Title II requires State and local governments to make programs, services, and activities accessible to persons with disabilities. All public entities, regardless of size, must comply with Title II's requirements. Title II of the ADA requires all cities to perform self-evaluations of programs and services provided by the cities to determine whether ADA requirements are being met. Should the self-evaluations reveal unmet needs, cities must make modifications to comply. Whenever a city with fifty or more employees determines the need for modifications, that city must develop an ADA Transition Plan to delineate parameters for those modifications. In September 2018 and January 2019, staff attended the “Planning for ADA Compliance” seminar, a required training for ADA Coordinators provided by the California Joint Powers Insurance Authority (Authority), of which the City is a member agency. Part of the presentation emphasized that although the court systems were once lenient due to the onerous nature of the ADA, the court systems no longer tolerate noncompliant entities, because the ADA was initially adopted in 1990 (27 years ago). Therefore, it is determined that an ADA Self-Evaluation should be performed and an ADA Transition Plan should be developed in order to ensure compliance in 2019. The Authority has a current agreement with Disability Access Consultants (DAC) to perform the ADA Self-Evaluation for member cities, including the inspection of facilities, programs and procedures. If the ADA Transition Plan identifies any unmet requirements (revealed during the ADA Self- Evaluation), a plan will be established, over a five to ten year period of time, based on budgets and the number of deficiencies, to address the corrections. APPROVED CITY COUNCIL 2/4/2019 Authorize and Approve MOU Between CJPIA and the City for the ADA TRANSITION PLAN FEBRUARY 4, 2019 Page 2 RECOMMENDATION: Staff recommends that the City Council take the following action: 1) Authorize the City Manager to sign the MOU with the Authority for an ADA Assistance Program. ANALYSIS: The Authority has selected the City of Azusa to be a recipient of its ADA Assistance Program (Program). The purpose of the Program is to assist its member agencies in achieving compliance with ADA Laws by providing them with technical and financial resources. Because ADA compliance is important, the Authority's Executive Committee approved funding to member agencies that work with the Authority's ADA consulting firm while developing ADA Self-Evaluations and Transition Plans. The consultant is retained by the Authority to assess a member agency's ADA compliance (through inspecting physical structures, evaluating programs and services, developing transition plans and providing ADA compliance tracking software). The Authority will fund up to $23,500, including the sum of $16,500 towards public rights-of-way and facility inspections, $5,000 towards policy, procedure, and practices evaluation, and $2,000 towards a tracking and report generating database (with the rights to the database, including training, for a period of one year). Should the City extend the use of the database beyond the first year, the City will be responsible for the licensing fee of $2,000 per year for an unlimited number of users. If the City does not extend the use of the database beyond the first year, the data can be downloaded and provided to the City in another format, such as an Excel spreadsheet. Disability Access Consultants (DAC), a consultant retained by the Authority, submitted to staff a Proposal (Attachment 2) to develop the City's 2019 ADA Self-Evaluation and ADA Transition Plan. The services provided by DAC's certified ADA inspectors would be performed in full compliance with the ADA. The Proposal states that the ADA Self-Evaluation would be completed in 12 weeks and the ADA Transition Plan would be completed in an additional 8 weeks, totaling 20 project weeks, for the amount of $188,950. During the 20 project weeks, DAC would perform site inspections, develop a comprehensive list of needed corrections, project the cost for each correction, review documents and programs, and seek input from the public. The Proposal also includes a tracking database that records the site inspections, captures photographs of inspected areas, items to be corrected (if any), what corrections were made, when corrections were made, and costs associated with those corrections. Table 1 provides a summary of the Cost Proposal, detailed in Attachment 2, page 13, less the Program Funding amount. Authorize and Approve MOU Between CJPIA and the City for the ADA TRANSITION PLAN FEBRUARY 4, 2019 Page 3 DAC Cost Summary Survey of City Facilities and Parks Survey of Public Rights-of-way Review of Policies, Procedures and Practices DACTrak Licensing for Year One Total Less Authority Program Funding City’s Total Payment to Authority $ 101,950 80,000 5,000 2,000 $188,950 -23,500 $165,450 Table 1. Cost summary showing DAC costs with City and Authority payables FISCAL IMPACT: The City, as a member agency of the Authority, is eligible to work with DAC to prepare the City's 2019 ADA Self-Evaluation and Transition Plan and receive a funding allowance under the Program. Should the City participate in the Program, the City would not need to execute an agreement with DAC, as the Agreement between the Authority and DAC (Attachment 3) allows member agencies of the Authority to be an Additional Insured and become an Indemnitee. Under the Agreement, the Authority would pay DAC directly and invoice the City for the services provided by DAC. The Authority would not invoice the City for the entire amount of the services, as the City would be a recipient of the Program funding. Program funding is provided to member agencies without the expectation of a match or repayment. To participate in the Program, the City would be required to sign the MOU (Attachment 1 ). Approval of the recommended action would require an amendment to the FY 2018/19 Risk Management budget in the amount of $165,450, of which approximately 34% or $56,250 will be allocated to Enterprise funds and the remaining cost allocated to the General Fund. Prepared by: Reviewed and Approved: Tanya Bragg Sergio Gonzalez Director of Human Resources City Manager and Risk Management Attachments: 1.MOU between the CJPIA and City of Azusa 2.ADA Self-Evaluation and Transition Proposal 3.Authority MOU w/Exhibit A: Agreement between Authority and DAC 4.Authority ADA Assistance Program Guidelines MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOU) is between the California Joint Powers Insurance Authority (CJPIA) and the City of Azusa (MEMBER) for purposes of authorizing work related to CJPIA’s ADA Assistance Program, which includes conducting self-evaluations and inspections, developing transition plans, and evaluating programs and services. Disability Access Consultants (DAC) will perform all work for MEMBER on behalf of CJPIA in accordance with all terms, covenants, standards and conditions set forth in that certain agreement between the CJPIA and DAC, entered into on March 14, 2017 of which MEMBER shall be considered a third party beneficiary to that agreement. Copies of the agreement are attached hereto as and incorporated herein by reference as if fully set forth herein. This MOU also discloses costs related to the aforementioned work, which will be billed directly to CJPIA. CJPIA will then invoice MEMBER, less the amount of CJPIA ADA Assistance Program funding. MEMBER agrees to pay the invoiced amount within 30 days of billing by CJPIA. 1.Total cost for all work to be performed by DAC,$ 188,950.00 as per attached DAC written proposal 2.Total program funding provided by CJPIA to be $ 23,500.00 paid directly to DAC on behalf of MEMBER for the aforementioned work 3.Total amount owed by MEMBER, representing $ 165,450.00 difference between Line 1 and Line 2, which will be billed by CJPIA 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. ___________________________________________________ Sergio Gonzalez, City Manager Date ___________________________________________________ Maria Galvan, California JPIA Risk Manager Date Attachments: DAC Proposal, DAC Professional Services Agreement and addenda Attachment 1 City of Azusa Proposal for Accessibility Services AMERICANS WITH DISABILITIES ACT (ADA) SELF-EVALUATION AND TRANSITION PLAN September 3, 2018 Disability Access Consultants 2243 Feather River Blvd Oroville, CA 95965 Attachment 2 Disability Access Consultants Proposal to the City of Azusa for ADA Consulting Services 2 COVER LETTER September 3, 2018 To: Lislene Ledezma, Human Resources/Risk Management Analyst Tanya Bragg, Director of Human Resources/Risk Management City of Azusa 213 E. Foothill Blvd. Azusa, CA 91702 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 Azusa public facilities and public rights-of-way. As you may be aware, under Title II of the ADA, the City of Azusa is required to have a current Self-Evaluation and Transition Plan. Title II entities, such as Azusa 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 Azusa. 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 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 Azusa 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 Azusa. 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 Azusa, 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 Azusa 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 • DACTrak training to conduct your own inspections Disability Access Consultants Proposal to the City of Azusa for ADA Consulting Services 4 • 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 Azusa 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 • City of Claremont Disability Access Consultants Proposal to the City of Azusa for ADA Consulting Services 5 • 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 • County of Marin Disability Access Consultants Proposal to the City of Azusa for ADA Consulting Services 6 • 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 Azusa 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 Disability Access Consultants Proposal to the City of Azusa for ADA Consulting Services 7 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 Azusa 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 Azusa. Srikant Talasila - Director, Information Technology Srikant brings many years of experience with information technology and management informatio n 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 Azusa 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. Disability Access Consultants Proposal to the City of Azusa for ADA Consulting Services 8 SUBCONSULTANTS DAC does not use subcontractors or subconsultants, as DAC prefers team members that have direct accountability and training by DAC to provide a seamless project delivery and interaction with City staff. SCOPE OF WORK Disability Access Consultants (DAC) understands that the City of Azusa (City) is seeking a qualified firm to inspect, evaluate and prepare reports identifying potential barriers in the City-owned buildings, parks, parking lots and public rights-of-way. The inspections will identify barriers or potential barriers in accordance with applicable Federal and State accessibility standards and regulations. In addition, it is understood that DAC will assist the City in developing 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 Azusa 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 Azusa 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 Disability Access Consultants Proposal to the City of Azusa for ADA Consulting Services 9 DACTrak provides for an organized input method that captures all of the information gathered from the site inspections with photographs for each noncompliant finding. In essence, all of the field information is captured in a web-based software package and provides for “green” data collection and avoids paper and pencil checklists and unorganized photographs. DACTrak can also be used on a tablet pc to add new facilities and update compliance assessments and transition plans. DAC has also found that having usable “software” and not just a database is very important to be able to easily manage and update the transition plan. Our extensive experience with clients needing to have an easy to manage and update plan was the catalyst for DAC to develop our DACTrak software for use by our clients. Thus, other critical issues include: • Software to update and manage your Transition Plan • The ability to document progress and barrier removal • The ability to print custom reports • 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 Azusa staff to establish roles and lines of communication, refine project goals, review the overall project schedule, schedule surveys of City of Azusa facilities and identify key City of Azusa 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). Disability Access Consultants Proposal to the City of Azusa for ADA Consulting Services 10 e) DAC currently provides geographical information (latitude and longitude) for each identified exterior barrier in the public right-of-way that can be incorporated into the City’s Geographical Information System (GIS). DAC incorporated the map-linked GIS feature based on the needs of many of our City and County clients. DAC uses a comprehensive approach to inspecting public rights-of-way (PROW). In order to conduct an assessment of all the requirements in the PROW, DAC conducts manual measurements of the field conditions and enters the information into our DACTrak pc tablet in the field. DAC has found that the use of automated equipment for running slopes on sidewalks, such as ultra-light profilers, do not provide an actual measurement, but only provide a chart showing ranges. In some cases, if a change in level is greater than 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. Disability Access Consultants Proposal to the City of Azusa for ADA Consulting Services 11 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. 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. Disability Access Consultants Proposal to the City of Azusa for ADA Consulting Services 12 COST PROPOSAL 1. Total Cost for the City of Azusa survey of facilities and parks is (AL-2): $101,950* Facilities, Parks, Trails 1. Civic Center Complex 2. West Wing 3. Auditorium 4. Civic Center Complex- Barnes House 5. Civic Center Complex-Library 6. Civic Center Complex-Durrell House 7. Civic Center 8. Fire Station 9. City Corporate Yard 10. Public Works Admin 11. Public Works, Engineering, Garage 12. Electric substation 13. Police Department 14. Forest Gateway Visitors Center 15. Boy Scout Building 16. Water Yard 17. Residential house 18. Light & Water Building 19. Azusa Woman's Club 20. Azusa Senior Center 21. Electrical Yard-Light & Water 22. Azusa Intermodal Transit Center- Parking Structure -Gold Line 23. Alisal Park 24. Arroyo North Park 25. Craftsman Park 26. Canyon Park 27. Citrus Grove Park 28. Edwards Park 29. Gladstone Park 30. Northside Park 31. Summit Park 32. Oak Hill Park 33. Olive hill Park 34. Pioneer Park 35. Slauson Park 36. Slauson Park Aquatic Center 37. Sierra Madre Park 38. Memorial Park-Recreation Center 39. Memorial Park Recreation - Skate Park 40. Memorial Park North Recreation Center 41. Rancho Park 42. Ridgeview Park 43. San Gabriel Canyon Gateway Center 44. Veteran's Freedom Park 45. Zacaticas Park 46. Arroyo South Park 47. Azusa Rio San Gabriel Bike Trail Head 2. Total estimated cost for the inspection of Public Rights-of-Way (AL-2): $80,000* • City has indicated it has 160 linear sidewalk miles. DAC will survey an estimated 160 linear miles of City sidewalks, curb ramps, (46) APS intersections and 75 bus stop/bus shelters at a total cost of $80,000 using the rate of $500 per linear mile of sidewalk. *Note: CJPIA is providing AL-2 assistance funding of $16,500 toward Items 1 & 2. Net cost to the City of Azusa for the Facility, Park and PROW inspections (AL-2) will be $164,450 Example: $101,950 (Facilities/Parks) +$80,000 (PROW) = $181,950 $181,950 - $16,500 (AL-2 Assistance) = $164,450 3. Review of policies, procedures and programs cost (AL-3 Cost): $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. Disability Access Consultants Proposal to the City of Azusa for ADA Consulting Services 13 Cost Overview 1. Total Cost for the City of Azusa inspection/surveys of facilities (AL-2): $101,950 2. Total Estimated Cost for Public Rights-of-Way inspections (AL-2): $ 80,000 a. Total estimated cost Facilities, Parks and PROW Inspection $181,950 b. Less AL-2 Assistance Funding provided by CJPIA ($16,500) * Total AL-2 Cost AL-2 to City of Azusa $165,450 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 Cost to City of Azusa $0.00 4. DACTrak licensing cost year one: $2,000 a. Less year one DACTrak license funding assistance provided by CJPIA: ($2,000) * Total year one licensing cost to City of Azusa $0.00 Note: For year 2 and additional years, DACTrak licensing is $2,000/year. *Total AL-2, AL-3 and Licensing Assistance Funding provided by CJPIA: *23,500 Cost Summary: 1. Total Estimated Cost for the City of Azusa inspection/surveys of facilities (AL-2): $101,950 2. Total Estimated Cost for Public Rights-of-Way inspections (AL-2): $80,000 3. Total Cost of Review of Program, Policies, Procedures and Public Input assistance (AL-3): $5,000 4. DACTrak Licensing Year 1: $2,000 Total Cost: $188,950 Less CJPIA Assistance: ($23,500) * Net Cost to City of Azusa: $165,450 Disability Access Consultants Proposal to the City of Azusa for ADA Consulting Services 14 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 of 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 Azusa 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 • • 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 co nflict of interest with the City of Azusa, 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. Disability Access Consultants Proposal to the City of Azusa for ADA Consulting Services 15 DAC has the financial, operational and staff stability to complete a quality and comprehensive project on time. DAC has no adverse conditions. Minority Utilization and Affirmative Action DAC is an equal opportunity employer and has recruited minorities and veterans. DAC’s quality control team leader is a Vietnam veteran with a disability. Background Checks and Fingerprinting All employees of Disability Access Consultants have been fingerprinted and have background checks. DAC has FBI and DOJ fingerprint clearances on file for DAC staff. We have conducted studies for school districts, state and local governments, the Federal Government, Judicial Chambers and Correctional Institutions that require background checks. DAC has found that background checks are important especially in situations where inspection staff may be working near children, and are required in certain situations. Disability Access Consultants Proposal to the City of Azusa for ADA Consulting Services 16 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. Disability Access Consultants Proposal to the City of Azusa for ADA Consulting Services 17 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 Azusa for ADA Consulting Services 18 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 Azusa for ADA Consulting Services 19 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. Disability Access Consultants Proposal to the City of Azusa for ADA Consulting Services 20 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. Disability Access Consultants Proposal to the City of Azusa for ADA Consulting Services 21 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. Disability Access Consultants Proposal to the City of Azusa for ADA Consulting Services 22 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 Azusa for ADA Consulting Services 23 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 Azusa 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. 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/JPIAPage1Attachment 3 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,CoastalAnimalServicesAuthority,CityofCommerce,CityofDanaPoint,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,PomonaValleyTransportationAuthority,CityofPortHueneme,CityofPoway,CityofRanchoPalosVerdes,CityofRollingHills,CityofRollingHillsEstates,CityofRosemead,CityofSanClemente,CityofSanDimas,CityofSanGabriel,CityofSanJuanCapistrano,CityofSanLuisObispo,CityofSanMarcos,CityofSanMarino,CityofSantaFeSprings,CityofSantaPaula,CityofSealBeach,CityofSeaside,SeasideCountySanitation,CityofSierraMadre,CityofSignalHill,CityofSolvang,CityofSouthElMonte,SoutheastAreaAnimalControlAuthority,SouthernCaliforniaAssociationofGovernments,CityofTempleCity,VenturaPortDistrict,CityofVillaPark,CityofWalnut,WestCitiesPoliceCommunicationCenter,CityofWestlakeVillage.Section2.COMPENSATION.AuthorityherebyagreestopayConsultantinaccordancewiththepaymentscheduleassetforthinExhibitB,attachedheretoandincorporatedhereinbyreferenceasthoughsetforthinfull,baseduponworkcompleted,asdefinedinExhibitA.IntheeventofaconflictbetweenthisAgreementandExhibitA,regardingtheamountofcompensation,thisAgreementshallprevail.AuthorityshallpayConsultantforservicesrenderedpursuanttothisAgreementatthetimeandinthemannersetforthherein.ThepaymentsspecifiedbelowshallbetheonlypaymentsfromAuthoritytoConsultantforservicesrenderedpursuanttothisAgreement.ConsultantshallsubmitallinvoicestoAuthorityinthemannerspecifiedherein.ExceptasspecificallyauthorizedinadvancebyAuthority,ConsultantshallnotbillAuthorityforduplicateservicesperformedbymorethanoneperson.3/14/17FINALDAC/JPIAPage2 2.1Invoices.ConsultantshallsubmitinvoicesduringthetermofthisAgreement,basedontheworkcompleted,andwithin30days.Allworkbilledshallbeonapermemberbasis,withanitemizeddetailofset-vicesperformed.2.2Payment.Authorityshallmakemonthlypayments,basedoninvoicesreceived,forservicessatisfactorilyperformed,andforauthorizedreimbursablecostsincutTed.Authorityshallhave30daysfromthereceiptofaninvoicethatcomplieswithalloftherequirementsabovetopayConsultant.2.3TotalPayment.AuthorityshallnotpayanyadditionalsumforanyexpenseorcostwhatsoeverincurredbyConsultantinrenderingservicespursuanttothisAgreement.Authorityshallmakenopaymentforanyextra,further,oradditionalservicepursuanttothisAgreement.2.4PaymentofTaxes.ConsultantissolelyresponsibleforthepaymentofemploymenttaxesincurredunderthisAgreementandanyfederalorstatetaxes.2.5PaymentuponTermination.IntheeventthattheAuthorityorConsultanttetminatesthisAgreementpursuanttoSection8,theAuthorityshaltcompensatetheConsultantforalloutstandingcostsandreimbursableexpensesincurredforworksatisfactorilycompletedasofthedateofwrittennoticeoftermination.Consultantshallmaintainadequatelogsandtimesheetsinordertoverifycostsincurredtothatdate.Section3.EQUIP1tIENT.Exceptasotherwiseprovided,Consultantshall,atitssolecostandexpense,provideallsuppliesandequipmentnecessarytoperformtheservicesrequiredbythisAgreement.Section4.INSURANCEREQUIREMENTS.WithoutlimitingConsultant’sindemnificationofAuthority,andpriortocommencementofWork,Consultantshallobtain,provideandmaintainatitsownexpenseduringthetermofthisAgreement,policiesofinsuranceofthetypeandamountsdescribedbelowandinaformsatisfactorytoAuthority.4.1GeneralLiabilityInsurance.ConsultantshallmaintaincommercialgeneralliabilityinsurancewithcoverageatleastasbroadasInsuranceServicesOfficeformCG0001,inanamountnotlessthan$1,000,000peroccurrence,$2,000,000generalaggregate,forbodilyinjury,personalinjury,andpropertydamage.Thepolicymustincludecontractualliabilitythathasnotbeenamended.Anyendorsementrestrictingstandard[SO“insuredcontract”languagewillnotbeaccepted.4.2AutomobileLiabilityInsurance.ConsultantshallmaintainautomobileinsuranceatleastasbroadasInsuranceServicesOfticeformCA0001coveringbodilyinjuryandpropertydamageforatlactivitiesoftheConsultantarisingoutoforinconnectionwithWorktobeperformedunderthisAgreement,includingcoverageforanyowned,hired,non-ownedorrentedvehicles,inanamountnotlessthanS1.000,000combinedsinglelimitforeachaccident.3/14/17FINALDAC/JPIAPage3 4.3ProfessionalLiabiLity(Errors&Omissions)Insurance.ConsultantshallmaintainprofessionalliabilityinsurancethatcoverstheServicestobeperformedinconnectionwiththisAgreement,intheminimumamountof$l,000,000perclaimandintheaggregate.Anypolicyinceptiondate,continuitydate,orretroactivedatemustbebeforetheeffectivedateofthisagreementandConsultantagreestomaintaincontinuouscoveragethroughaperiodnolessthanthreeyearsaftercompletionoftheservicesrequiredbythisagreement.4.4Workers’CompensationInsurance.ConsultantshallmaintainWorkers’CompensationInsurance(StatutoryLimits)andEmployer’sLiabilityInsurance(withlimitsofatleast$1,000,000).4.5ProofofInsurance.ConsultantshallprovidecertificatesofinsurancetoAuthorityasevidenceoftheinsurancecoveragerequiredherein,alongwithawaiverofsubrogationendorsementforworkets’compensation.InsurancecertificatesandendorsementsmustbeapprovedbyAuthoi-ity’sriskmanagerpriortocommencementofperfonnance.CurrentcertificationofinsuranceshallbekeptonfilewithAuthorityatalltimesduringthetermofthiscontract.Authorityreservestherighttorequirecomplete,certifiedcopiesofallrequiredinsurancepolicies,atanytime.4.6DurationofCoverage.Consultantshallprocureandmaintainforthedurationofthecontractinsuranceagainstclaimsforinjuriestopersonsordamagestoproperty,whichmayarisefromorinconnectionwiththeperformanceoftheworkhereunderbyConsultant,itsagents,representatives,employeesorsub-consultants.4.7Primary/Noncontributing.CoverageprovidedbyConsultantshallbeprimaryandanyinsuranceoi-self-insuranceprocuredormaintainedbyAuthorityshallnotberequiredtocontributewithit.Thelimitsofinsurancerequiredhereinmaybesatisfiedbyacombinationofprimaryandumbrellaorexcessinsurance.Anyumbrellaorexcessinsuranceshallcontainorbeendorsedtocontainaprovisionthatsuchcoverageshallalsoapplyonaprimaryandnon-contributorybasisforthebenefitofAuthoritybeforetheAuthority’sowninsuranceorself-insuranceshallbecalledupontoprotectitasanamedinsured.4.8Authority’sRightsofEnforcement.IntheeventanypolicyofinsurancerequiredunderthisAgreementdoesnotcomplywiththesespecificationsoriscanceledandnotreplaced,AuthorityhastherighthutnotthedutytoobtaintheinsuranceitdeemsnecessaryandanypremiumpaidbyAuthoritytvillbepromptlyreimbursedbyConsultantorAuthoritywillwithholdamountssufficienttopaypremiumfiornConsultantpayments.Inthealternative,AuthoritymaycancelthisAgreement.4.9AcceptableInsurers.AllinsurancepoliciesshallbeissuedbyaninsurancecompanycurrentlyauthorizedbytheInsuranceCommissionertotransactbusinessofinsuranceorisontheListofApprovedSurplusLineinsurersintheStateofCalifornia,withanassignedpolicyholders’RatingofA-(orhigher)andFinancialSizeCategoryClassVI3/14/17FINALDAC/JPIAPage4 (orlarger)inaccordancewiththelatesteditionofBest’sKeyRatingGuide,unlessotherwiseapprovedbytheAuthority’sriskmanager.4.10WaiverofSubrogation.AllinsurancecoveragemaintainedorprocuredpursuanttothisagreementshallbeendorsedtowaivesubrogationagainstAuthority,itselectedorappointedofficers,agents,officials,employeesandvolunteersorshallspecificallyallowConsultantorothersprovidinginsuranceevidenceincompliancewiththesespecificationstowaivetheirrightofrecoverypriortoaloss.ConsultantherebywaivesitsownrightofrecoveryagainstAuthority,andshallrequiresimilarwrittenexpresswaiversandinsuranceclausesfromeachofitssub-consultants.4.11EnforcementofContractProvisions(NonEstoppel).ConsultantacknowledgesandagreesthatanyactualorallegedfailureonthepartoftheAuthoritytoinformConsultantofnon-compliancewithanyrequirementimposesnoadditionalobligationsontheAuthoritynordoesitwaiveanyrightshereunder.4.12RequirementsNotLimiting.RequirementsofspecificcoveragefeaturesorlimitscontainedinthisSectionarenotintendedasalimitationoncoverage,limitsorotherrequirements,orawaiverofanycoveragenormallyprovidedbyanyinsurance.Specificreferencetoagivencoveragefeatureisforpurposesofclarificationonlyasitpertainstoagivenissueandisnotintendedbyanypartyorinsuredtobeallinclusive,ortotheexclusionofothercoverage,orawaiverofanytype.IftheConsultantmaintainshigherlimitsthantheminimumsshownabove,theAuthorityrequiresandshallbeentitledtocoverageforthehigherlimitsmaintainedbytheConsultant.AnyavailableinsuranceproceedsinexcessofthespecifiedminimumlimitsofinsuranceandcoverageshallbeavailabletotheAuthority.4.13NoticeofCancellation.ConsultantagreestoobligeitsinsuranceagentorbrokerandinsurerstoprovidetoAuthoritywithathirty(30)daynoticeofcancellation(exceptfornonpaymentforwhichaten(10)daynoticeisrequired)ornonrenewalofcoverageforeachreqtLiredcoverage.4.14AdditionalInsuredStatus.GeneralliabilitypoliciesshallprovideorbeendorsedtoprovidethatAuthorityanditsofficers,officials,employees,agents,volunteers,andmembersshallbeadditionalinsuredsundersuchpolicies.Thisprovisionshallalsoapplytoanyexcess/umbrellaliabilitypolicies.4.15ProhibitionofUndisclosedCoverageLimitations.NoneofthecoveragesrequiredhereinwillbeincompliancewiththeserequirementsiftheyincludeanylimitingendorsementofanykindthathasnotbeenfirstsubmittedtoAuthorityandapprovedofinwriting.4.16SeparationofInsureds.AseverabilityofinterestsprovisionmustapplyforalladditionalinsuredsensuringthatConsultant’sinsuranceshallapplyseparatelytoeachinsuredagainstwhomclaimismadeorsuitisbrought,exceptwithrespecttothe3/14/17FINALDAC/JPIAPage5 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/JPIAPage6 TheforegoingobligationofConsultantshallnotapplywhen(1)theinjury,lossoflife,damagetopropertyorviolationoflawariseswhollyfromthenegligenceorwillfulmisconductoftheAuthorityoritsofficers,employees,agents,members,orauthorizedvolunteersand(2)theactionsofConsultantoritsemployees,subcontractorsoragentshavecontributedinnoparttotheinjury,lossoflife,damagetoproperty,orviolationoflaw.ItisunderstoodthatthedutyofConsultanttoindemnifyandholdharmlessincludesthedutytodefendassetforthinSection2778oftheCaliforniaCivilCode.AcceptancebyAuthorityofinsurancecertificatesandendorsementsrequiredunderthisAgreementdoesnotrelieveConsultantfromliabilityunderthisindemnificationandholdharmlessclause.Thisindemnificationandholdharmlessclauseshallapplytoanydamagesorclaimsfordamageswhetherornotsuchinsurancepoliciesshallhavebeendeterminedtoapply.ByexecutionofthisAgreement,ConsultantacknowledgesandagreestotheprovisionsofthisSectionandthatitisamaterialelementofconsideration.Section6.STATUSOFCONTRACTOR.6.1IndependentContractor.AtalltimesduringthetermofthisAgreement,ContractorshallbeanindependentcontractorandshallnotbeanemployeeofAuthority.AuthorityshallhavetherighttocontrolContractoronlyinsofarastheresultsofContractor’sservicesrenderedpursuanttothisAgreementandassignmentofpersonnelpursuanttoSubparagraph1.3;however,otherwiseAuthorityshallnothavetherighttocontrolthemeansbywhichContractoraccomplishesservicesrenderedpursuanttothisAgreement.NotwithstandinganyotherAuthority,state,orfederalpolicy,rule,regulation,law,orordinancetothecontrary,ContractorprovidingservicesunderthisAgreementshallnotqualifyfororbecomeentitledtoanycompensation,benefit,oranyincidentofemploymentbyAuthority,includingbutnotlimitedtoeligibilitytoenrollintheCaliforniaPublicEmployeesRetirementSystem(PERS)asanemployeeofAuthorityandentitlementtoanycontributiontobepaidbyAuthorityforemployercontributionsand/oremployeecontributionsforPERSbenefits.ItisunderstoodbythepartiesthatContractorisindependentanddoesnotconstituteacommonlaw(employer-employee)relationshipandsaidagreementisexemptforthepost-retirementemploymentrequirements.Section7.LEGALREQUIREMENTS.7.1GoverningLaw.ThelawsoftheStateofCaliforniashallgovernthisagreement.7.2CompliancewithApplicableLaws.Consultantandanysubcontractorshallcomplywithallapplicablelocal,stateandfederallawsandregulationsapplicabletotheperformanceoftheworkhereunder.7.3LicensesandPermits.ConsultantrepresentsandwarrantstoAuthoritythatConsultantanditsemployees.agents.andanysubcontractorshavealllicenses,permits,qualifications,andapprovalsofwhatsoevernaturethatislegallyrequiredtopracticetheirrespectiveprofessions.ConsultantrepresentsandwarrantstoAuthoritythatConsultantanditsemployees,agents,anysubcontractorsshall,attheirsolecostandexpense,keepin3/14/17FINALDAC/JPIAPage7 effectatalltimesduringthetermorthisAgreementanylicenses,permits,andapprovalsthatarelegallyrequiredtopracticetheirrespectiveprofessions.Inadditiontotheforegoing,ConsultantandanysubcontractorsshallobtainandmaintainduringthetermofthisAgreementvalidBusinessLicensesfromAuthority.Section8.TERMINATIONANDMODIFICATION.8.1Termination.AuthorityandConsultantherebyagreethatthisAgreementmaybecancelledupon30days’writtennotice.Intheeventofterniination,Consultantshallbeentitledtocompensationforservicesperformedtotheeffectivedateoftermination;Authority,however,mayconditionpaymentofsuchcompensationuponConsultantdeliveringtoAuthorityanyoralldocuments,photographs,computersoftware,videoandattdiotapes,andothermaterialsprovidedtoConsultantorpreparedbyorforConsultantortheAuthorityinconnectionwiththisAgreement.8.2Extension.Bothpal-tiesagreethatextendingtheAgreementbeyondthatprovidedforinSubsection1.1maybeinthebestinterestofallconcerned.AnysuchextensionshallrequireawrittenamendmenttothisAgreement,asprovidedforherein.AuthorityandConsultantunderstandandagreethat,ifbothpartiesagreetosuchanextension,alltermsandconditionsoftheoriginalAgreementshallremainthesame,andextendedtothedateprovidedforinsaidamendment.8.3Amendments.ThepartiesmayamendthisAgreementonlybyawritingsignedbyalltheparties.8.4Survival.AllobligationsarisingpriortotheterminationofthisAgreementandallprovisionsofthisAgreementallocatingliabilitybetweenAuthorityandConsultantshallsurvivetheterminationofthisAgreement.8.5OptionsuponBreachbyConsultant.IfConsultantmateriallybreachesanyofthetermsofthisAgreement,Authority’sremediesshallinclude,butnotbelimitedto,anyorallofthefollowing:8.5.11mmcdiatelyterminatetheAgreement;8.5.2Retainthedocuments,andanyotherworkproductpreparedbyConsultantpursuanttothisAgreenient;8.5.3RetainadifferentConsultanttocompletetheworkdescribedinExhibitAnotfinishedbyConsultant;or8.5.4ChargeConsultantthedifferencebetweenthecoststocompletetheworkdescribedinExhibitAthatisunfinishedatthetimeofbreachandthe3/14/17FINALDAC/JPIAPages amountthatAuthoritywouldhavepaidConsultantputsuanttoSection2ifConsultanthadcompletedthework.Section9.KEEPINGANDSTATUSOFRECORDS.9.1RecordsCreatedasPartofConsultant’sPerformance.Allreports.data,maps.models,charts,studies,surveys,photographs,memoranda,plans,studies,specifications,records,files,oranyotherdocumentsormaterials,inelectronicoranyotherformthatConsultantpreparesorobtainspursuanttothisAgreementandthatrelatetothematterscoveredhereunder,shallbethepropertyoftheAuthority.ConsultantherebyagreestodeliverthosedocumentstotheAuthorityuponterminationoftheAgreement.9.2Consultant’sBooksandRecords.Consultantshallmaintainanyandallledgers,booksofaccount.invoices,vouchers,canceledchecks,andotherrecordsordocumentsevidencingorrelatingtochargesforservicesorexpendituresanddisbursementschargedtotheAuthorityunderthisAgreementforaminimumofthree(3)years,orforanylongerperiodrequiredbyLaw,fromthedateoffinalpaymenttotheConsultanttothisAgreement.9.3InspectionandAuditofRecords.AnyrecordsordocumentsthatSection9.2ofthisAgreementrequiresConsultanttomaintainshallbemadeavailableforinspection,audit,and/orcopyingatanytimeduringregularbusinesshours,uponoralorwrittenreqtiestof,theAuthority.UnderCaliforniaGovernmentCodeSection8546.7,iftheamountofpublicfundsexpendedunderthisAgreementexceedsTenThousandDollars($10,000.00),theAgreementshallbesubjecttotheexaminationandauditoftheStateAuditor,attherequestofAuthorityoraspartofanyauditoftheAuthority,foraperiodofthree(3)yearsafterfinalpaymentundertheAgreement.Section10.MISCELLANEOUSPROVISIONS.101.Attorneys’Fees.IfeitherpartytothisAgreementbringsanyaction,includinganactionfordeclaratoryrelieLtoenforceorinterprettheprovisionofthisAgreement,theprevailingpartyshallbeentitledtoreasonableattorneys’feesinadditiontoanyotherrelieftowhichthatpartymaybeentitled.Thecourtmaysetsuchfeesinthesameactionorinaseparateactionbroughtforthatpurpose.10.2Venue.IntheeventthateitherpartybringsanyactionagainsttheotherunderthisAgreement,thepartiesagreethattrialofsuchactionsla1lbevestedexclusivelyinOrangeCounty.10.3Severability.IfacourtofcompetentjurisdictionfindsorrulesthatanyprovisionofthisAgreementisinvalid,void,orunenforceable,theprovisionsofthisAgreementnotsoadjudgedshallremaininfullforceandeffect.TheinvalidityinwholeorinpartofanyprovisionofthisAgreementshallnotvoidoraffectthevalidityofanyotherprovisionofthisAgreement.3/14/17FINALDAC/JPIAPage9 10.4NoImpliedWaiverofBreach.ThewaiverofanybreachofaspecificprovisionofthisAgreementdoesnotconstituteawaiverofanyotherbreachofthattermoranyothertermofthisAgreement.10.5SuccessorsandAssigns.TheprovisionsofthisAgreementshallinuretothebenefitofandshallapplytoandbindthesuccessorsandassignsoftheparties.10.6ConsultantRepresentative.AllmattersunderthisAgreementshallbehandledforConsultantbyBarbaraThorpe.10.7AuthorityContractAdministration.ThisAgreementshallbeadministeredbyNormanLefiuann(“ContractAdministrator”).AllcorrespondenceshallbedirectedtoorthroughtheContractAdministratororhisdesignee.10.8Notices.AnywrittennoticetoConsultantshallbesentto:BarbaraThorpe,President/CEODisabilityAccessConsultants2243featherRiverBoulevardOroville,CA95965AnywrittennoticetoAuthorityshallbesenttotheprojectrepresentative,AbrahamHan.10.9Integration.ThisAgreement.includingthescopeofworkattachedheretoandincorporatedhereinasExhibitA,representstheentireandintegratedagreementbetweenAuthorityandConsultantandsupersedesallpriornegotiations,representations,oragreements,eitherwrittenororal.10.10Counterparts.ThisAgreementmaybeexecutedinmultiplecounterparts,eachofwhichshallbeanoriginalandallofwhichtogethershallconstituteoneagreement.ThePartieshaveexecutedthisAgreementasoftheEffectiveDate.AUTHORITYCONSULTANTJohull,ChiefExecutiveOfcerBarbaraThorpe.President/CEO3/14/17FINALDAC/JPIAPage10 EXHIBITASCOPEOfSERVICESConsultantwillprovidethenecessaryprofessionalservices:AssistanceLevel1:MemberAssessmentandOverallDiagnosticProfileConsultantwillperformanassessmenttodeterminethecurrentlevelofADAcompliance,inaccordancewithTitleIIoftheAmericanswithDisabilitiesAct,Section504oftheRehabilitationActandTitle24oftheCaliforniaBuildingCode,andplanacourseofactiontoenhancecompliance.ConsultantwillreviewtheinitiativesoftheMembertoassesswhethertheMemberhasmetanyorallofthemandatorycompliancerequirementsoftheADA,Section504oftheRehabilitationActandTitle24andrelatedaccessibilitystandardsandrequirements.If,afterreview,itisdeterminedthatthememberneedstocompleteorreviseanyoftherequiredcompliancecomponents,Consultantwillprovidearecommendedcomplianceplanthatmayincludeotherassistance-leveloptions.AllmembersparticipatingintheAuthority’sADAAssistanceProgramshallreceiveAssistanceLevel1bydefault.Followingisalistofitemsdeterminedduringanassessment:•AnADAcoordinatorhasbeendesignated,noticed,andposted.•EachsitehasacurrenttransitionlbarrierremovalplanthatmeetstherequirementsunderTitleIIoftheADA.•Aself-evaluationofprograms,services,activities,policies,procedures,andpracticeshasbeencompleted.•Thememberhasupdateditscurrenttransition/barrierremovalplan,ifapplicable.•CurrentADAtransition/barrierremovalplansincludeallsites,suchasnewsitesaddedsincethecompletionofthepreviousplan.•Spaceleased“to”othersbythememberisidentified.•AnycurrentADA-relatedconcernsorissuesareidentified,includinganypendingoractuallitigation.•ThemembermayneedquestionsansweredregardingtheADA,Title24oftheCaliforniaBuildingCode(CBC)orrelatedaccessibilitystandards.•Staffdevelopmentactivitieshavebeenprovidedorarerequested.•MethodsandprioritiesarerecommendedtomembersforachievingADAcompliance.2.AssistanceLevel2:InspectionofSites,DevelopmentofTransition/BarrierRemovalPlansConsultantwillinspectsitesthatmaybenewornotinspectedpreviously,orhavehadextensivemodernizationormajorremodeling.Workwillincludeinspectionofmemberfacilitiesandpublicrights-of-way,andidentificationofbarrierstoaccessibility,solutionstoremovethesebarriers,andincorporationoftheinformationintoConsultant’saccessibilitymanagementsoftware.3/14/17FINALDAC/JPIAPage11 AspartofAssistanceLevel2,ConsultantwillprovidetrainingregardingtheuseofthemanagementportionofDACTrak.AssistanceLevel2doesnotincludecomprehensivetrainingintheuseofDACTrakforthemembertocollecttheirowndata.3.AssistanceLevel3:Self-EvaluationofPolicies,Procedures,PracticesConsultantwillconductareviewofpolicies,procedures,andpracticestodetermineifanyarediscriminatoryorpotentiallydiscriminatory.Programs,services,andactivitieswouldbereviewedtodetermineaccessibilitybypersonswithdisabilities.3/14/17FINALDAC/JPIAPage12 EXHIBITBRATESANDSCHEDULEOFPAYMENTSBillingandReimbursement:AssistanceLevel1:MemberAssessmentandOverallDiagnosticProfileTherateforthisassistancelevelisatotalone-timechargepermemberof$2,800,whichincludesallexpenses.2.AssistanceLevel2:InspectionofSites,DevelopmentofTransition/BarrierRemovalPlansThehourlyrateis$98perconsultant,plusactualexpenses.Anyamountsforservicesprovidedbeyondthe$16,500per-memberfundingallowancewillbebilledtoAuthorityforpayment.DACTrakSoftwareLicenseMembersthathaveDACperforminspectionsofallfacilitiesandpublicrightsofway(AssistanceLevel2)shallreceiveaone-yearDACTraksoftwarelicenseatnocosttoeitherthememberortheAuthority.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/JPIAPage13 Rev. April 2017 Page 1 California JPIA ADA Assistance Program Guidelines Overview The purpose of the California JPIA’s Americans with Disabilities Act (ADA) Assistance Program is to provide technical and financial resources in order to help members achieve compliance with federal ADA and state laws. Recognizing the importance of ADA compliance, the Authority’s Executive Committee has approved a level of funding across three broad areas. First, an ADA consulting firm will work with members in assessing compliance; evaluating physical structures, programs, and services; and developing transition plans. Second, members will be provided ADA compliance tracking software. Third, the Authority will make financing available in order to assist in funding necessary ADA capital improvements for purposes of barrier removal. The assistance program is expected to be carried out for a period of five years, with roughly 20% of the membership receiving assistance in each of the program years. Since some members have already begun addressing ADA compliance independent from the Authority’s program, partial or complete reimbursement may be available if the work comports with the program conditions described below. Agreement for Professional Services For ADA consulting services described below, the Authority has entered into an agreement with Disability Access Consultants (DAC). The agreement details terms and conditions for the provision of professional services, the scope of ADA consulting services being provided, and the costs for these services. The ADA consultant may incur reasonable actual expenses, including mileage, lodging, meals, and transportation costs associated with providing ADA consulting services. Authorization for any and all services to members will be according to the terms and conditions described therein. A copy of the agreement is maintained at the Authority’s offices. Level and Types of Assistance The following describes the different types of assistance being provided to members. Assistance Level 1: Member Assessment and Overall Diagnostic Profile The ADA consultant will perform an assessment to determine the current level of ADA compliance and plan a course of action to enhance compliance. If, after review, it is determined that the member needs to complete or revise any of the required compliance components, the ADA consultant will provide a recommended compliance plan that may include other assistance-level options. Following is a list of items determined during an assessment. An ADA coordinator has been designated, noticed, and posted. Attachment 4 Rev. April 2017 Page 2  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 “from” others for use by the member are identified.  Leased sites and program locations are identified.  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. Assessments carried out under Assistance Level 1 are designed to assist members that perhaps have done some ADA compliance work, but are uncertain either of its completeness or being up-to-date. The findings of the assessment are not documented, but are discussed verbally over the phone. Based on the findings, a proposal of work will be developed and provided to the member. The California JPIA will fund this assistance level in its entirety ($2,800), with no contribution from the member. Assistance Level 2: Inspection of Sites, Development of Transition/Barrier Removal Plans This service will provide members with inspection of sites that may be new or not inspected previously, or have had extensive modernization or major remodeling. The service 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 the ADA consultant’s accessibility management software, DACTrak. Under Assistance Level 2, public rights-of-way (PROW) must be evaluated to determine if there are barriers that would prevent those with disabilities from traversing the pedestrian access route in the public right-of-way. When members complete a self-evaluation, these barriers must be identified and incorporated into the member’s ADA transition plan. There are standards in the Americans with Disabilities Act Accessibility Guidelines (ADAAG) that address sidewalks, but those standards are for design only. They s pecify that changes in the level of accessible routes up to 1/4” may be vertical and without edge treatment. Changes between 1/4” and 1/2” are to be beveled with a slope no greater than 1:2. Rev. April 2017 Page 3 Changes greater than 1/2” are to be ramped. These regulations do not specifically address maintenance. Therefore, it is the Authority’s opinion that there is no ADA maintenance standard for sidewalk deviations that exist in the PROW path of travel, and members have no general requirement to inspect or repair deviations that exceed the ADAAG’s design standard. That said, there are instances where sidewalk deviations or conditions of sidewalk surfacing that should be addressed in order to ensure accessibility by disabled persons. More broadly, and within the context of maintaining an agency’s public sidewalks, deviations that are 3/4” or less vertical displacement have been deemed by the courts to be trivial in nature, unless there are aggravating circumstances such as jagged edges or a history of falls that make such instances of greater risk to the public. A vertical displacement of greater than 3/4” is not considered trivial as a matter of law, and poses a jury question as to whether it constitutes a dangerous condition of public property. Members have a duty to mitigate such dangerous conditions either because they knew of the condition or should have known. This duty exists separate and apart of any duty imposed under the Americans with Disabilities Act. The California JPIA will fund up to $16,500 toward this level of assistance. Members will be responsible for any costs that exceed this amount. The California JPIA will also fund the first year of licensing and training the DACTrak software. Members will be responsible for any required equipment and licensing costs beyond the first year. The annual licensing fee is $2,000. Assistance Level 3: Self-Evaluation of Policies, Procedures, Practices The ADA 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. The California JPIA will fund up to $5,000 toward this level of assistance. Members will be responsible for any costs that exceed this amount. ADA Financing for Barrier Removal Projects Since some members may be unable to fund necessary capital improvements for purposes of barrier removal due to budgetary constraints, the Authority will also make ADA financing available. This financing is intended to help members to make needed improvements, particularly those that would otherwise be out of fiscal reach in the foreseeable future. Funding requests will be solicited annually through an application process, and then presented to the Executive Committee for approval. Members requesting financing must have completed the development of a transition plan that identifies the capital improvement associated with the funding request. Rev. April 2017 Page 4 The Authority will charge an interest rate based on the rate of return for all investments. The Authority may adjust the rate annually for each financing cycle. The rate will then be fixed for the financing term, which will not exceed five years. Specific instructions with financing terms and conditions will be provided when the application period open for each year. ADA Training The California JPIA offers the following ADA training courses to members throughout the five regions:  Planning for ADA Compliance: ADA Coordinator Training  Planning for ADA Compliance: Public Facilities  Planning for ADA Compliance: Public Rights of Way  Planning for ADA Compliance: Accessibility Requirements for Facilities and the Public Right-of-Way  Planning for ADA Compliance: Roles, Responsibilities and Strategies For specific details on each ADA course and upcoming training opportunities, visit the California JPIA website. The cost of agency-specific or other ADA training offered by DAC is the responsibility of the member. Additional Consulting Services For any ADA consulting services needed by members beyond the scope of those listed above, the California JPIA has negotiated a flat rate of $98 per consultant hour , and is the responsibility of the member. Members are advised to execute agreements with DAC for any services outside of the ADA assistance program. Member Responsibilities The member must agree to carry out the following responsibilities:  Provide necessary staff and fiscal resources in order to complete ADA assistance work in an agreed-upon and timely manner.  Provide the ADA consultant with necessary information and documents . Information may include prior ADA self-evaluations and transition plans, property schedules, facility and parks lists (including amenities and addresses), sidewalk mileage, number of automated pedestrian signal intersections, number of bus stops/bus shelters, and other infrastructure inventory details. This information is necessary to assist DAC with the development of an accurate proposal of services. Rev. April 2017 Page 5  Execute the program Memorandum of Understanding (MOU), provided by the California JPIA. The MOU will be signed by the member’s chief executive or city manager. A sample of the MOU is attached to this document.  Complete development of an ADA self-evaluation and transition plan for removal of accessibility barriers, including determining estimated barrier removal dates.  Develop needed capital budget plans based on information contained in the ADA self - evaluation and transition plan.  Assist the ADA consultant with a review of policies, procedures, and practices to determine if any are discriminatory or potentially discriminatory.  Designate an ADA grievance coordinator. Post ADA grievance policy on agency website and have the policy posted and available at all public facilities.  Be responsible for costs that exceed per-member funding levels approved by the Authority’s Executive Committee.  Provide a tablet or other device that will run the DACTrak software.  Receive training on the use of DACTrak software.  Be responsible for licensure cost of DACTrak software beyond the initial year. Rev. April 2017 Page 6 Program Procedures General Procedures: 1. The Authority’s risk managers will work with members to determine assistance levels for each member and notify members of the assistance level they will be receiving . Members will receive a copy of this document, outlining the details of the program. 2. Risk managers will contact the ADA consultant, notifying them of members ready to move forward with assistance level one. 3. Member will provide necessary information to consultant for development of work proposal. The proposal will outline the scope of work and an estimate of costs, outlining all expenditures according to the assistance levels. 4. A phone assessment will be conducted to discuss the agency’s ADA compliance level. If the proposal is available in advance of the scheduled call, it will also be discussed. 5. The executed MOU serves as a notice to proceed for assistance levels two and three. Authority risk managers will notify ADA consultant when MOU’s are executed. 6. The ADA consultant will contact individual members to schedule an on-site or phone project kick-off meeting, and will forward information to the member and the risk manager regarding the kick-off. 7. In coordination with the member, the ADA consultant will participate in the project kick- off meeting. The Authority’s risk manager may attend the meeting, but this is not required for work to proceed. The meeting will include discussion of the project scope and responsibilities. Specific Assistance Level Procedures: Assistance Level 1 1. The Authority’s risk managers will coordinate the start of all member assessments. 2. Member will gather information necessary to answer questions outlined in ADA/Section 504 Initial Assessment document. This document will be sent to the member by the ADA consultant or the Authority’s risk manager. Members are advised not to complete and return the document, but rather have the information available for the phone discussion. 3. The ADA consultant will conduct the member assessment and overall diagnostic profile. Assistance Level 2 1. Member will be provided DACTrak accessibility management software. 2. Member will receive training regarding the use of DACTrak accessibility management software. Rev. April 2017 Page 7 3. Member will provide necessary access and coordination to ADA consultant for completion of buildings, parks and facilities inspections. 4. Member will provide necessary coordination to ADA consultant for completion of public rights-of-way inspections. 5. The ADA consultant will produce all necessary reports of findings to the member. Assistance Level 3 1. With the assistance of the member, the ADA consultant will complete review of policies and procedures. 2. The ADA consultant will review accessibility of programs, services and activities. 3. The ADA consultant will produce all necessary reports of findings to the member. 4. The ADA consultant will provide guidance to the member on the public input process, as required by Title II of the ADA. Rev. April 2017 Page 8 Billing and Reimbursement Work Performed through the Authority’s ADA Assistance Program All work carried out through the California JPIA’s ADA assistance program must be approved in writing by both the member and the Authority through the execution of the MOU prior to commencement of work by the Authority’s ADA consultant. All invoices for work completed by the ADA consultant will be submitted to the California JPIA for payment. Any amounts for services provided beyond the per-member funding levels approved by the Executive Committee will be billed to the member by the California JPIA. Work Performed Outside of the Authority’s ADA Assistance Program Members who have recently completed independent ADA work may submit for reimbursement of costs, according to the following conditions: 1. The work shall be of the same or greater scope of what the Authority is making available through its ADA assistance program. 2. The work shall be detailed in an agreement with the contractor. A copy of the agreement and invoices shall be provided to the California JPIA. 3. The work shall be complete. 4. Reimbursement amounts are the same as the per-member funding levels approved by the Executive Committee and noted above 5. The member would not qualify for additional ADA assistance in any area for which it is seeking reimbursement.