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HomeMy WebLinkAbout12-13-2016 Item 10 Authorize City Manger to Enter Memorandum of Understanding with California Joint Powers Insurance Authority to contract with Disability Access Consultants Meeting Date: 12/13/2016 FROM: Monica Irons, Human Resources Director SUBJECT: AUTHORIZE THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING (MOU) WITH THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (CJPIA) TO CONTRACT WITH DISABILITY ACCESS CONSULTANTS (DAC) TO CONDUCT AMERICANS WITH DISABILITIES ACT COMPLIANCE WORK RECOMMENDATION 1. Authorize the issuance of a purchase order to the CJPIA in the amount of $250,000; and 2. Authorize the City Manager to enter into a MOU with the CJPIA not to exceed $250,000 for fiscal years 2016-17 and 2017-18 to have DAC conduct Americans with Disabilities Act (ADA) compliance work. DISCUSSION At the 2016-17 Budget Supplement Council authorized $250,000 to ensure continued compliance with the ADA by completing an updated Self-Assessment and Transition Plan. The ADA was passed in 1990, the City’s first Self-Evaluation of publicly accessible programs and analysis of barriers was completed in 1994, and a Transition Plan was adopted by Council in 1995. The City is routinely completing maintenance and replacement of its facilities. In doing so, the facilities are either brought into compliance with the ADA, or some upgrade in the facilities is made to improve accessibility. While this continual improvement is good, it is also important to formally review and update the City’s Plan to ensure resources are allocated toward addressing ADA issues and ensuring public facilities have improved accessibility. In addition, ADA standards have changed since its inception in 1990 and facilities that met standards in 1995 may not meet current, updated standards. By having an updated Assessment and Transition Plan, the City can focus and prioritize its funding dollars while still accomplishing important infrastructure maintenance. Sole Source Justification Financial Management Manual Section 295-1, Purchasing Guidelines provides that sole source contracts for consultant services may be pursued “If it is determined that it is in the best interest of the City for services to be provided by a specific consultant – with contract terms, work scope and compensation to be determined based on direct negotiations – contract award will be made by the Council”. While the ADA does not specify time periods to update Assessments and Transition Plans, CJPIA, the City’s liability insurance advisor, is strongly encouraging its members to do so to reduce risk in this area and to improve accessibility of public programs and facilities in our community. Part of the encouragement by CJPIA included their selection of a consultant, DAC, to be readily available to conduct such work for CJPIA Member agencies. Further, CJPIA is 10 Packet Pg. 158 offsetting $16,500 of the costs associated with the work if the City uses DAC and is paying for the one-time cost of $5,000 associated with DacTRak a system that inventories publicly accessible facilities and programs and allows the City to track progress, recognize changing legal requirements, etc. An updated Assessment and Transition Plan will put the City in a more favorable position in the event there is an ADA audit or an ADA claim filed against the City. DAC has a proven track record of working with CJPIA and member agencies. FISCAL IMPACT Council authorized $250,000 to ensure continued ADA compliance by updating the City’s Assessment and Transition Plan as part of the 2016-17 Budget Supplement. Therefore, there is no fiscal impact of authorizing the City Manager to execute this MOU. ALTERNATIVE Issue an RFP for these services. Council could choose to direct staff to issue an RFP for these services. This alternative may result in other proposals being submitted, but other member agencies in CJPIA have experienced positive results with DAC and the City would forego the $23,500 in funding towards this project from CJPIA. Attachments: a - CJPIA Agreement with DAC & Addendum b - DAC Proposal to City of San Luis Obispo - October 18 2016 c - MOU with CJPIA 10 Packet Pg. 159 PROFBSSIONAL SERVICES AGREEMENT TI-IIS AGREEMENT for Professional Services ("Agreement") is made this day of July 1,2015 ("Effective Date") by and between the Caiit'omia Joint Powers lnsurance Authority ("Authority") and Disability Access Consultants ("Consultant") (together sometimes refbrred to the "Parties"). Section 1. $BRVICES. Subject to the tenns and eonditions set forth in this Agreernent, Consultant shall provide to Authority the services described in the Scope of Work attached as Exlibit A. and incorporatecl here. Such work shall be provided at the tirne and place ancl in the manner specifìecl in Exhibit A. In the event of a conflict in or inconsistency betrveen the terms of this Agreement and Exhibit A, this Agreement shall prevail. 1.1 Term of Serviçes. The temr of this Agreement shall begin on the Effestive Date and slrall end on June 3A,201,6. Consultant shall complete the work described in Exhibit A priol to that date, unless the term of the Agreenrent is otherwise terminated or extended as provided for ín Section 8. The time provided to Consultant to complete the services required by this Agreement shall not afTect the Authority's right to terminâte the Agreement, as provided for in Section 8. 1,2 Standard of Performance. Consuitant shall perfonn all services required pnrsuant to this Agreernent in the nanner and according to the standards observed by a cornpetent practitioner including the necessary expertise or knorvledge of the profession in which Consultant is engaged in the geographical area ilr whiclr Consultant practices its profession and to the sole satisfaction of the project representative. 1.3 Assignlgent of Personncl, Consuitant shall assign only competent personnel to perform sen,ices pursuant to Agreernent. In the event that Authority, in its sole discretion, at any tirne during the temr of this Agreement, desires the reassignment of any such persons, Consultant shall. imrnediately upon receiving notice from Authority of such clesire of Authority. reassign such person or persons. 1.4 Time. Consultant shall devote such time to the perfbrmance of seruices pursuant to this Agreement as may be reasonably necessary to satisfy Consultant's obligations hereunder 1.5 Authorization to Perform Services. The Consultant is not authorizecl to perform any se¡'vices or incur any costs w'hatsoever under the terms oî lhis Agreement until receipt oi autholization lrom the Author:ity's ploject representative. Section 2. C9M-PENSATION. Ar"rthority hereby agrees to p¿ìy Consultant in accordance with the p¿ìyment schedr-¡le as set forlh in Exhibit B, attached hereto and incorporated herein by refèrence as though set tbrth in full. based upon work cornpleted, as deiined in Exhibit A, In the evenL ola conflict between this Agreenrent and Ëxhibit A, regarding the amount of cornpensation, this Agleement shall prevail. Authority shall pay Consultant for services reudered pursuant to this Agreernent at the time and in the mamer set f'otth herein. 'fhe payments specitìecl below shali be the only payments trorn Authority 11/12115 FrNAL DAC / JPtA Page 1 10.a Packet Pg. 160 Attachment: a - CJPIA Agreement with DAC & Addendum (1526 : MOU with CJPIA for ADA Services) to Consultant f'ol services rendered pursuant to this Agreement. Consultant shall submit all invoices to Authority in the manner specitìed herein. Except as specitically authorized in advance by Authority, Consultant shall not bill Authority tbr cluplicate services performed by more than one person. Z.l Invoices. Consultant shall submit invoices during the term of this Agreement, baseclon the work conrpleted. and within 30 clays. All wolk billed shall lre on a per member basis, with an itemized detailof services perfbrmed. 2.2 Pavment. Autliority shall rnake rnonthly payments, based on invoices received, for services satistàctorìly pertbrmed, and for authorized reimbursable costs incuned. Authority shall have 30 days frorn tlie receipt of an invoice that complies with all of the reqnirements above to pay Consultant. .,?Total P¿yment. Authority shall not pay any additional sum fbr any expellse or cost whatsoever incurled by Consultant in renclering services pursllant to this Agreement. Authority shall nrake no payment lbl any extra, further. or additional service pursuant to this Agreernent. 2.4 Payment of Tnxes. Consultant is solely responsible tbr the payment of employrnent taxes incurred under this Agreenrent and any fecleral or state taxes. 2.5 Pavment uDon Termination. In the event that the Autliori ty or Consultant tenninates this Agreement purslrant to Section 8, the Authority shall compensate the Consultant for all outstanding costs and reimbursable expenses incun'ed for work satisfactorily completed as ol=the clate of written notise o1'tel'mination. Consultant shall rnaintain adequate logs and tirnesheets in orcler to verity costs incuu'ed to that date, Section 3. EOUIPMENT. Except as otherwise provided, Consultant shall, at its sole cost and expeû.se, provide all supplies and equipment necessary to peri'orm the services required by this Agreement. Section 4. INSURANCE REOUIREMENTS. Without limiting Consultant's indemnitìcation of Authority. and prior to commencement of Vy'ork, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satistàctory to Authority. 4.1 General Liabilitv Insurance. Consultant shall nlaintain conrmercial general liability insurance with coverage at least as broad as lnsurance Services Oftrce f'oln CG 00 01, in an amount not less than $ 1.000.000 pel' occurrence, $2,000,000 general aggregate. for bodiiy injur:y, pelsonal injury, and property danräge. The policy rnust include contractual liability that lTas not been amended. Any endorselnent restricting standard ISO "insr.u'ed contract" language will not be accepted. 4.2 Automobile Liability Insurance. Consultant shall rnaintain automobile insurance at least as broad as Insurnnce Services Oñìce f'onn CA 00 0i covering bodily injury and property clamage for all activities of the Consultant arising out of or in connection with 11l12l15 F|NAL DAC/JPrA Page 2 10.a Packet Pg. 161 Attachment: a - CJPIA Agreement with DAC & Addendum (1526 : MOU with CJPIA for ADA Services) Work to be pertbrmed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $ I,000,000 cornbined single lilnit for each accident. 4.3 Professional Liabilifv (Errors & Omissions) Insurance. Consultant shall rnaintain professional liability insurance that covers the Services to be perf-ormed in connection with this Agreement, in the minimum anrount of $1,000,000 per clairn and in the aggregate. Any policy inception date, continLrity date, or reroaclive date ¡nust be belbre the eflèctive clate of this agreement and Consultant agrees to maintain corrtinuous coverage through a period no less than three years after completion of the services required by this agreement. 4.4 Workers' Comoens¡tion Insurance. Consultantshall maintain'Workers'Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $ 1,000.000). Proof of Insurance. Consultant shall provide celtificates of i¡rsurance to Authority as eviclence of the insurance coverage required lrelein, along witl'r a waiver of,subrogation endorsement for worhers' compensation. Insurance cefiificates and endorsements nrust be approvecl by Authority's risk manager prior to cornlnencenent of perlbnnance. Curent certihcation of insurance shall be kept on lile lvith Authority at all tinles cluring the tenn of this contr¿lct. Authority reserves the right to require complete, ceftified copies of all required insurance policies, at any time, 4.6 Duration of Coverasc. Consultant shall procilre and maintain fbr the duration of the contract insurance against clair¡s fbr injuries to persons or danrages to property, which may alise tì'om or in connection with the pertbrmance of the work hereundel by Consult¿ult. its agents, representatives. enrployees or sub-consultants. 4.7 Primary/1.{on.cqntributine. Coverage provided by Consultant shall be primary and any insurance or selËinsurance procured or rnaintained by Authority shall not be required to contribute with it, The limits of insurance required herein may be satistìecl by a combination of primaly and umblella or excess insurzurce. Any umblella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also ¿:pply on a primary ancl non-contributory basis f'or the benelìt oIAutholity betbre the Authority's orrm insurauce or self'-insurance shall be called upon to protect it as a namecl insured. 4.8 Authoritv's Rights of Enforcement. In the event any policy of insurance reqLrirecì under this Agteernent does not comply with these specifìcations or is canceled and not replacecl. Authority has the right but not the duty to obtain the insurance it deerns necessary and any premium paid by Authority will be promptly reimbursed by Consultzurt or Autlrority 'uvill witirhold amounts snlTcient to pay prerniurn liom Consultant payrnents. ln the alternative. Authority nray cancel this Agreernent. 4.5 11/12115 FINAL DAC /JPIA Page 3 10.a Packet Pg. 162 Attachment: a - CJPIA Agreement with DAC & Addendum (1526 : MOU with CJPIA for ADA Services) 4.9 Accentable Insurers. All insurance policies sirall be issued by an insurance compally cunently authorized by the lnsulance Cornrnissioner to tlansact lrusiness of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the Authority's risk manager. 4.10 Waiver of Subrosation. Allinsurance coverage r¡aintained or procured pursua!Ìt to this agreement shall be endolsed to waive subrogation against Authority. its elected or appointed officers, agents, officials, ernployees and volunteers or shall specifically allow Consultant or others providing insurance evidence in corapliance with these specifications to waive their right of recovery prior to a loss. Consultant heleby waives its own right of recovery against Authority, ancl shallrequire similar written express waivels and insurance clauses from each ofits sub-consultants. 4.tt Enforcement of Contract Provisions (Non Estopncl). Consultant acknowledges and agrees that any actual or allegecl làilure on the part of the Authority to intbrm Consultant of non-cornpliance with any requirement imposes no additionalobligations ou the Authority nor does it waive any rights hereunder. 4.12 Requirements Not Limitine, Requirements of specilìc coverage fèatures or lirnits containecl in this Section are not intendeci as a lirnitation on cover?ge, linrits or other requirements, or a r¡,aiver of any coverage normaily providecl by any insurauce. Specifrc lef'erence to a given coverage fèature is tbr purposes of clarification only as it pertains to a given issue and is not intended by any party or i¡rsured to be all inclusive, or to the exclusion of other coverage, or a waivel of any type. If the Consultant maintains higher limits than the minimums shown above, the Authority requires and shall be entitled to coverage for the higher linits rnaintained by the Consultant. Any available insurance proceeds in excess o1Ìthe specit-red minirnum lirnits of insurance and coverage shall be available to the Authorily. 4.13 Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to Authority with a thirty (30) day notice of cancellation (except lbr rìonpayment fol which a ten (10) day notice is requireci) or nonrenewalof covelage f'or each required coverage. 4.14 Aclditional Insurcd Status. General liability policies shall provide or be errclorseci to provicle that Authority and its ol hcers, ol fìcials, employees, and agents, ancl volunteers shall be additional insureds under such policies. This provision shall aiso apply 1o any excessiumbrella liability policies. 4.15 Prohibition of Undisclosed Coverasc Liqritations. None of the coverages required herein will be in conrpliance with these requirernents if they include any lirniting enclorsenent of any kind that has not been first subrnined to Authority zurd approved of in writing. 11/12l1s FrNAL DAc / rPrA Page 4 10.a Packet Pg. 163 Attachment: a - CJPIA Agreement with DAC & Addendum (1526 : MOU with CJPIA for ADA Services) 4.16 Separation of Insureds. A severability of interests provision mLrst apply for all additional insureds ensuring that Consultant's insuLance shall apply separately to each insured against whom claim is made or suit is brought, eKcept with respect to the insurer's limits of liability. The policy/policies shall not contain any cross-liability exclusions. 4.17 P4ss Throueh Clause. Consultant agrees to ensure that its sub-consultants. subcontractors, and any other party involved with the project who is brought onto or involved in the ploject by Consultant, provide the same minimum insurance coverage and endorcements required of Consultant, Consultant agrees to monitor and revierv all sueh coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the lequirements of this section, Consultant agrees that upon reqr.rest. all agt'eements with consultants, subcontractors, and others engaged ín the project will be subrnitted to Authority fbr review. 4.18 Authorify's Rieht to Revise Srrecificatlo-!ìs, The Authority reserves the right at any tirne during the temr of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial aclditional cost to the Consultant, the Authority and Consultant may renegotiate Consultant's compensation. 4.19 Sell'-Insured Retentions. Any self-insurecl retentions must be declared to and approved by Authority. Authority reserves the right to requile that sell'-insured retentions be eliminated, lowered, or replaced by a deductible. Self'-insurance will not be cottsidered to conrply with these speci{ications unless approved by Authorit¡'. 1.20 Timely Notice of Claims. Consultant shall give Authority prompt and tirnely notice of claims made or suits instituted that arise out of or result f'rom Consultant's perfbrmance under this Agreement, and that involve or may involve coverâge under any of the required liability policies. 4,21 Additional Insurance. Consultant shall also procuTe ancJ rnaintain, at its orvn cost ancl expense, any additionalkinds oIinsurance, which in i1s orvn judgrnent may be necessary for its proper protection and prosecution of the work. Section 5. INDEMNIFICâ.TION Consultant shall indem¡ify, defend with counsel acceptable to Authority and hold harmless the Authority and its offrcials, officers, employees, agents, members, and authorized volunteers from and against any and all losses, liabilities, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, damages and expenses of any kind, whether actual or threatened, (including but not limited to attorneys' fees and costs, court costso interest defense costs, and expert witness fees) where the same arise out of, are â consequence of or are in any way attributable to, in whole or in part, the performance of this Agreement (or the failure to perforrn) by Consultant or by any individual or entity t'or which Consultant is legally liable, including but not limited to officers, agents, 11/12115 F|NAL DAC / JPIA Pâge 5 10.a Packet Pg. 164 Attachment: a - CJPIA Agreement with DAC & Addendum (1526 : MOU with CJPIA for ADA Services) employees or subcontractors of Consultant. Such indemni{ication, defense and hold harmless extend to Consultant's provision, use, transport and storâge of hazardous materials, as those commonly are defined under state and federal laws and regulations. The foregoing obligation of Consultant shall not apply when (1) the injury, ioss of life, damage to property or violation of law arises wholly from the negligence or willful misconduct of the Authority or its offrcers, employees, agents, members, or authorized volunteers and (2) the actions of Consultant or its employees, subcontractors or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemniff and hold harmless includes the duty to defend as set forth in Section 2778 of the Califomia Civil Code. Acceptance by Authority of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. Section 6. STATUS OF CONTRACTOR. 6.1 Independent Contractor, At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of Authority. Authority shall have the right to control Contractor only insofar as the results of Contractor's services rendered pusuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise Authority shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement, Notwithstanding any other Authority, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by Authority, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of Authority and entitlement to any contribution to be paid by Authority for employer contributions and/or employee contributions for PERS benefits. It is understood by the parties that Contractor is independent and does not constitute a common law (employer-employee) relationship and said agreement is exempt for the post-retirement employment requirements. Section 7. 7.1 1'lt.L LEçA! RBOUTRtryENTS. Governine Lary. The laws of tlie State of California shall govern this agreement. Comnlinnce rvith Annlicable Laws. Cousultant and any subcontractor shail comply with all applicable local, state ancl tbderal laws and regulations applicable to the pertbrmance of the work herennder'. 1.3 Licenses and Permits. Consultant represents and wai'rants to Autholity that Consultant 11/1211s FrNAL DAc / JPtA Pâge 6 10.a Packet Pg. 165 Attachment: a - CJPIA Agreement with DAC & Addendum (1526 : MOU with CJPIA for ADA Services) and its employees, agellts, ancl any subcontractors have all licenses, pemrits, qualifications, and approvals of whatsoever nature that is legally required to practice their respective prot'essions. Consultant represents and warants to Authority that Consultant and its enrployees, agents, any subcontractors shall, at their sole cost and expense, keep in eff'ect at all times during the terrn or this Agreement any licenses, pennits. and approvals that are legally required to practice their respective professions. In addition to the fbregoing, Consultant and any subcontractors shall obtain and mainfain during the term of this Agreement valid Business Licenses froln Authority. SecJion 8. 8.1 TERMINATION AND MODIFICATION. Termination. Authority ancl Consultant hereby agree thf¡t this Agreement rnay be cancelled upon 30 days'written notice. In the event of termination. Consultant shall be entitled fo compensatio¡r for services perfbnned to the ei lective date of termination; Authority, however, nray condition paynrent of snch conrpensation upon Consultant delivering to Autholity any or all docu¡nents, photographs, computer soflware, video and audio tapes, and other materials provided to Consultant or prepared by or f'or Consultant or the Authority in connection with this Agreement. 8.2 Extension. Both parties agree that extending lhe Agleement beyond that provided f'or in Subsection i.1 may be in the best interest ol'all concerned. Any such extension shall require a wlitten amendment to this Agreement, as provided lor herein. Authority and Consultant understa¡rd ancl agree that, il-both parties agree to such an extension, all terrns and conditions of the original Agreernent shall renrain the same, ancl exte¡rded to the date provided f'or in said amendnent. 8.3 Amcndments. The par-ties rnay arnend this Agreement only by a wliting signecl by all the parties. Survival. All obligations arising prior to the terminatìon of this Agreement and ali provisions of this Agreement allocating liabilíty betrveen Authority and Consultant shall slrlive the termination of this Agreernent. 8.5 Options upon Breach bv Consultant. I1'Consultanl rnateri¿rll y breaches any offhe ternrs of this Agreemenl, Anthority's remedies shall include, but not be lirnited to, any or all of the fbllowing: 8.5.1 Inmediately temrinate the Agreernent; 8.5.2 Relain the docunrents, and any other rvork product prepared by Consultant pursuarlt to this Agreernentl 8.5.3 Retain a diflerent Consultant to conrplete the rvork described in Exhibit A 8.4 1rl12l15 FINAL DAC / JPrA Page 7 10.a Packet Pg. 166 Attachment: a - CJPIA Agreement with DAC & Addendum (1526 : MOU with CJPIA for ADA Services) not finished by Consultant; or 8.5.4 Charge Consultant the difTerenee betrveen the costs to complete the rvork desmibed in Exhibit A that is unfinished at the time of breach a¡rd the amouurt that Authority woirld have paid Cor¡sultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Crcated ns Pnrt of Consultant's Performancc. All reports, clata. maps, models, charts, studies, surveys, photographs, nlerrorancia, plarrs, studies, specilìcations, recorcls, files, or any other dosu¡nents or materials, in electronic or any other fbrm that Consultant prepares or obtains pursuant to this Agreenrent and that relate to the matters covered hereunder. shall be the property of the Authority. Consultant hereby agrees to deliver those docunlents to the Autholity upon termination o1'the Agreement. Consultant's Books and Records. Consultant shall maintain any and all iedgers. books ofìaccount, invoices, vouchers, canceled checks. and oLher ¡'ecords or documents evidencirrg or relating to charges f'or services or expenditures and disbursements charged to the Authority under this Agreernent for a mininlum o1- three (3) years. or flor any longer periocl required by law, tiom the date of final payrnent to the Consultant to this Agreernent. 9.3 Insnection and Audit of Recorcls. Any records or documents that Section 9.2 of this Agreement requires Consultant to rnaintain shall be made available for inspection, audit, and/or copying at any time dr.rring regular business hours. upon oral or wlitten request of, the Authority, Urrder Califbrnia Government Cocle Section 8546.7, i{'the amount ol' public funcls expended under this Agreenrent exceeds Ten Thousand Dollars ($ 1 0,000.00), the Agreement shall be sulrject to the exanri¡ration and audit of the State Auditor, at the reqr"rest of Authority oL as part of any audit of the Authority, lor a period of three (3) years after fìnal payment uncler the Agreement. Section 10. l0.t 9.2 MISCELLANEOUS PROVISIONS. Attornevsr Fees. I1'either party to this Agreement brings any aclion. including an ¿rctiort t'or declaratory reliel. to enfbrce or interpret the provision of this Agreernent, the prevaíling party shall be entitled to reasonable attorneys'fees in addition to any other reliel'to r.vhich thal parly may be entitled. The court rnay set such lèes in the sanre aclion or in a separate action brought tbl that purpose. It.2 Yenue. In the ervent that eithel party brings any action against the other under this Agreenent. the parties aglee that trialof such action slull be vested exclusively in Orange CoLrnty, 10,3 Scve rabilitv. lf a court of cornpetent jLrriscliction tinds or ruies that any provision of this 11l12l1s FrNAL DAc/JP|A Page 8 10.a Packet Pg. 167 Attachment: a - CJPIA Agreement with DAC & Addendum (1526 : MOU with CJPIA for ADA Services) Agreement is invalicl, void. or unenforceable, the provisions of this Agteement not so adjudged shall remain in full fbrce and effect. The invalidity in whole or in part of any provision of this Agreenrent shall not void or affèct the validity of any other provision ot' this Agreenrent. 10.4 No Implied Wqiver of Breach. The rvaiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Sgf:gessofs and Assigns. The provisions of this Agreement shall inure to the benefit of ancl shall apply to ancl bind the successors and assigns of the parties. 10.6 Co4$ultn4t Renresentative. All matters under this Agreement shall be handled for Consultant by Barbara Thorpe. 10.7 Authority Contract Administration. This Agreement shall be administered by Norman Lefrnann ("Contract Adnrinistrator"). All corresponclence shall be directed to or through the Contract Administrator or his designee. 10.8 Noticcs. Any written notice to Consultant shall be sent to: Barbara Thorpe, President/CEO Disability Access Consultants 2243 Featlter River Boulevard Oroville, CA 95965 Any written notice to Authority shall be sent to the project representative. Courtney Morrison. 10.9 Intesratiolr-This Agreement, including the scope of rvork attached hereto and incorpomted herein as Exhibit A. re¡rresents the entire aud integrated agreement between Authority and Consultant and supersedes all prior negotiations, representatious, or agreements, either written or oral. 10.10 Coqnfe.lparts. This Agreernent may be exect¡ted in rmrltiple counteryafts. each of which shall be arr original and all of rvhich together shall constitute one agleement. The Parties have executecl this Agreement as of tlie Etïective Date. AU'fHOzuTY CONSULTANI' 11/12115 F|NAL DAC / JP|A Barbara Tho¡pe. President/CEO Page 9 10.a Packet Pg. 168 Attachment: a - CJPIA Agreement with DAC & Addendum (1526 : MOU with CJPIA for ADA Services) Exhibit A SCOPE OF SERVICES Consultant rvill provide the necessary professional services: l. Assistance Level 1: MenþS.t_Assessment and Overall Diaenostic Profile Consultant will perform an assessment to determine the current level of ADA compliance, in accordance with Title II of the Americans with Disabilities Aet, Section 504 of the Rehabilitation Act and Title 24 of the California Building Code, and plan a course of action to enhance compliance. Consultant will review the initiatives of the Member to assess whether the Member has met any or all of the mandatory compliance requirements of the ADA, Section 504 of the Rehabilitation Act and Title 24 andrelated accessibility standards and requirements. If, after review, i.t is determined that the member needs to complete or revise any of the required compliance components, Consultant will provide a recommended compliance plan that may include other assistance-level options. 2. Assistance Level 2: Inspectio.n ofS_iIgs. Development of TransitiorlBaniel&gmoval Plans Consultant will inspect sites that may be new or not inspected previously, or have had extensive modernization or major remodeling. Work will include inspection of member facilities and public rights-of-way, and identification of barriers to accessibility, solutions to remove these baniers, and incorporation of the information into Consultant's accessibility management software. 3. Assistance Level 3: Self-Evaluation of Policies, Procedures. Practices Consultant will conduct a review of policies, procedures, and practices to determine if any are discriminatory or potentially discriminatory. Programs, services, and activities would be reviewed to determine accessibility by persons with disabilities. 11112115 FrNAL DAC / JP|A Page 10 10.a Packet Pg. 169 Attachment: a - CJPIA Agreement with DAC & Addendum (1526 : MOU with CJPIA for ADA Services) EXHIBIT B RATES AND SCI.IEDULE OF PAYMENTS Billing and Reimbursement: l. Assistance Level 1: Member Assessment and Overall Diaenostic Profile The rate for this assistance level is a total one-time charge per member of $2,800, which includes all expenses. 2. Assistance Level2: Inspection of Sites. Develop.ment of Transition/Barrier Removal Plans The hourly rate is $98 per consultant, plus actual expenses. Any amounts for services provided beyond the $16,500 per-member funding allowance will be billed to Authority for payment. 3. Assistance Level3: Self-Evaluation of Policies. Procedures. Practices The hourly rate is $98 per consultant, plus actual expenses. For amounts for services provided beyond the $5,000 per-member funding allowance will be billed to Authority for payment. 4. Expenses Reasonable, actual expenses will be charged as authorized by Authority and may include mileage at the IRS rate, hotel, meals, rental car, airfare (no first-class flights) and travel time. 1U12l15 FINAL DAC / JPIA Page 11 10.a Packet Pg. 170 Attachment: a - CJPIA Agreement with DAC & Addendum (1526 : MOU with CJPIA for ADA Services) 10.a Packet Pg. 171 Attachment: a - CJPIA Agreement with DAC & Addendum (1526 : MOU with CJPIA for ADA Services) ADDENDUM No.2 TO AGREEMENT BETWEEN THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY AND DISABILITY ACC ESS CONSULTANTS This Addendum No. 2 ("ADDENDUM') is made and entered into this day of August 24,2Q16, by and between the California Joint Powers lnsurance Authority ("The AUTHORfff) and Disability Access Consultants ("CONSULTANT") (together sometimes refened to as "Parties"). WITNËSSETH WHEREAS, the AUTHORITY and CONSULTANT entered into an Agreement (hereinafter referred to aS "AGREEMENT") for the Americans with Disabilities Act (ADA) compliance consulting services related to the AUTHORITY's ADA Assistance Program, which was approved by the AUTHORIffS Ghief Executive Officer on AGREEMENT dated November 11,2015; and WHEREAS, the AUTHORITY and CONSULTANT executed an Addendum on March g, 2016 to address sections of AGREEMENT that required revision; and WHEREAS, for and in consideration of the mutual advantages to be derived therefrom and in consideration of the execution of this ADDENDUM, both the AUTHORITY and CONSULTANT desire to revise AGREEMENT in the manner described herein; and WHEREAS, AGREEMENT shall be amended as follows: 1. Section 1.1 ("Term of Services") of AGREEMENT shall reflect the term being extended for one more year until June 3A,2017.|f all Parties agree that further extending AGREEMENT beyond June 30, 2017 is in the best interest of all Parties, then another addendum shall be executed at the appropriate time. lN WITNESS WHEREOF, the Parties hereto have caused this ADDENDUM to be executed this day of August 24, 2016. "The "Consultant" Disability Access Gonsultants Shull, Chief Barbara Thorpe, PresidenUCEO 10.a Packet Pg. 172 Attachment: a - CJPIA Agreement with DAC & Addendum (1526 : MOU with CJPIA for ADA Services) 10.a Packet Pg. 173 Attachment: a - CJPIA Agreement with DAC & Addendum (1526 : MOU with CJPIA for ADA Services) City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401-3249 Proposal for Accessibility Services AMERICANS WITH DISABILITIES ACT (ADA) SELF-EVALUATION AND TRANSITION PLAN October 2016 Disability Access Consultants 2243 Feather River Blvd Oroville, CA 95965 10.b Packet Pg. 174 Attachment: b - DAC Proposal to City of San Luis Obispo - October 18 2016 [Revision 3] (1526 : MOU with CJPIA for ADA Services) Disability Access Consultants Proposal to the City of San Luis Obispo for ADA Consulting Services 1 COVER LETTER To: Monica Irons Director of Human Resources City of San Luis Obispo 990 Palm Street San Luis Obispo, California 93401-3249 Re: Americans with Disabilities (ADA) Self-Evaluation and Transition Plan Firm Information: Disability Access Consultants (DAC) Southern California: 17777 Center Court Drive, Suite 600, Cerritos, CA 90703 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 San Luis Obispo public facilities and public rights-of-way. As you may be aware, under Title II of the ADA, the City of San Luis Obispo is required to have a continually updated and current Self Evaluation and Transition Plan. Title II entities, such as Port Hueneme 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 San Luis Obispo. Founded as a California corporation and woman owned business in 1998, DAC has provided services for the past 18 years to assist public entities to comply and implement accessibility requirements in accordance with the ADA, Title 24 of the California Building Code, Section 504 and related federal, state and local disability-related nondiscrimination laws and regulation. DAC has conducted over 15,000 building inspections, surveyed thousands of parks and playgrounds, thousands of miles of sidewalks and performed hundreds of programmatic reviews and self-evaluations to study the accessibility of programs, services, activities, events and related areas. DAC has a comprehensive understanding of applicable standards, regulations and requirements under Title II of the ADA, California Building Code and related state accessibility standards. DAC has completed over a hundred similar studies. DAC was has also been working on a project for the Department of Transportation in Washington, D.C. to develop a pilot study for potential duplication of methodologies in other geographic areas, using tools and standards for public rights-of-way accessibility reviews by means of a software program to update and manage the ADA public rights-of-way transition plan. DAC is providing recommendations for best practices and technologies for the DOT. To provide for easy management of the transition plan and documentation of compliance efforts, DAC has developed web-based software called DACTrak. DACTrak is a powerful tool to manage and update the transition plan, project costs and document progress. Custom reports can be printed in a variety of formats. Respectfully submitted by Barbara Thorpe, President 10.b Packet Pg. 175 Attachment: b - DAC Proposal to City of San Luis Obispo - October 18 2016 [Revision 3] (1526 : MOU with CJPIA for ADA Services) Disability Access Consultants Proposal to the City of San Luis Obispo for ADA Consulting Services 2 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 18 years to assist public entities to comply and implement accessibility requirements in accordance with the ADA, Title 24 of the California Building Code, Section 504 and related federal, state and local disability-related nondiscrimination laws and regulation. DAC has extensive experience in the evaluation of program and facility accessibility and provides a full continuum of Americans with Disabilities Act (ADA) and accessibility services for public entities, such as the City of San Luis Obispo. As our founder, Barbara Thorpe, worked with a public entity for 19 years as the ADA Coordinator, 504 Coordinator, and Director of Planning and Compliance, she has extensive experience working with individuals with disabilities and organizations representing individuals with disabilities. In addition, she has collaborated with individuals with disabilities and organizations that represent individuals with disabilities in a facilitative manner that has benefited city governments during her work with other municipalities. Barbara and the DAC team members have demonstrated the ability to engage and interact with individuals and organizations to assist with the prioritization, long range planning and implementation of the ADA plan. DAC has a team of 20 staff, with our Facility Team Leader Michael Boga holding CASp Certificate #152, dedicated to assisting public entities, such as the City of San Luis Obispo, 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 San Luis Obispo belongs, to assist members with ADA compliance at a discounted rate. DAC has been assisting several Joint Power Authorities since 2000 and currently provides updates, consultation, plan reviews and expert witness services. DAC has worked with public entities of all sizes, from one site to 506 sites. Members of the DAC team have also served as expert witnesses to assist public entities to defend their current practices and ADA plan. DAC has only served on the side to assist public entities to defend their practices and plan and has never assisted with litigation against a public entity. Our mission statement and philosophy embrace the enhancement and assistance to our clients to build an ADA accessibility plan while documenting previous and current compliance methods. Over the 18 years of serving our clients, DAC has demonstrated financial stability, staff stability and has a no claims insurance record. DAC provides a full continuum of professional services that include, but are not limited to:  Facility inspections  Self-evaluations for ADA and Section 504 of the Rehabilitation Act  Policy review and development  Transition plans  Public rights-of-way surveys  Consultation  Accessibility compliance intake and management software – DACTrak 10.b Packet Pg. 176 Attachment: b - DAC Proposal to City of San Luis Obispo - October 18 2016 [Revision 3] (1526 : MOU with CJPIA for ADA Services) Disability Access Consultants Proposal to the City of San Luis Obispo for ADA Consulting Services 3  DACTrak training to conduct your own inspections  Expert witness services  Plan reviews  ADA Plan implementation assistance and consultation  Outdoor developed and recreational areas (pools, parks, trails, camping areas)  NPSI playground safety inspections  ADA Playground inspections DAC utilizes the appropriate standard(s) for the inspection that may include, but is not limited to:  ADA 2010 Standards  California Building Code  ADA-ABA  UFAS  ANSI  Section 504 of the Rehabilitation Act  Outdoor developed and recreational standards  National Playground Safety Institute (NPSI) standards  PROWAG – Federal Public Rights-of-way Guidelines  Federal Highway Administration’s Manual on Uniform Traffic Control Devices (MUTCD) Our firm stands out in the public entity arena due to proven performance in a w ide 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 San Luis Obispo 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 Bishop  City of Carlsbad  City of Carpinteria  City of Cathedral City  City of Claremont 10.b Packet Pg. 177 Attachment: b - DAC Proposal to City of San Luis Obispo - October 18 2016 [Revision 3] (1526 : MOU with CJPIA for ADA Services) Disability Access Consultants Proposal to the City of San Luis Obispo for ADA Consulting Services 4  City of Clovis  City of Cudahy  City of Cypress  City of Del Mar  City of Elk Grove  City of Fountain Valley  City of Glendale  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 Modesto  City of Moreno Valley  City of Newport Beach  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 Santa Fe Springs  City of Shafter  City of Tustin  City of Waterford  City of Willows  County of Butte  County of Calaveras  County of Glenn  County of Kern  County of Marin  County of Okaloosa  County of Santa Clara  County of Shasta  County of Solano  County of Tehama  Desert Recreation District  Fair Oaks Recreation and Park District 10.b Packet Pg. 178 Attachment: b - DAC Proposal to City of San Luis Obispo - October 18 2016 [Revision 3] (1526 : MOU with CJPIA for ADA Services) Disability Access Consultants Proposal to the City of San Luis Obispo for ADA Consulting Services 5 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 fourteen professionals with backgrounds in administrative leadership roles with public entities, construction and code enforcement. DAC is an equal opportunity employer and our team composition includes minority and veteran representation. The team has worked together on numerous ADA compliance projects with City governments and public entities. DAC works with several large JPA’s and insurance pools to assist public entities with ADA compliance. City Contacts City of San Luis Obispo 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 10.b Packet Pg. 179 Attachment: b - DAC Proposal to City of San Luis Obispo - October 18 2016 [Revision 3] (1526 : MOU with CJPIA for ADA Services) Disability Access Consultants Proposal to the City of San Luis Obispo for ADA Consulting Services 6 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 San Luis Obispo project. Following are descriptions of key team members’ qualifications and their assigned roles. Barbara Thorpe, M.Ed., LOT DAC Project Manager As DAC Project Manager, Barbara will coordinate activities and schedules and report to the Director of Human Resources or designee. Barbara will serve in the leadership role regarding the ADA Self-Evaluation of programs, services, activities and events along with the review of policies and procedures. Barbara brings twenty years of experience in public administration and providing services to individuals with disabilities to Disability Access Consultants. As an administrator in a public entity, Barbara provides unparalleled understanding of the application of the Americans with Disabilities Act and related legislation. In addition to assisting public entities with compliance with the ADA, Barbara has conducted compliance reviews for the Department of the Interior to audit for compliance with the ADA, Section 504 of the Rehabilitation Act and related civil rights laws and regulations. Barbara has served as an expert witness for the Department of Justice, Office of the Attorney General. Additionally, Barbara is a licensed occupational therapist. Barbara served on the Division of State Architect Advisory Board and served as the vice-chair for the DSA Access Compliance Committee. Barbara has worked on over 200 public entity projects that are similar to the City. 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 San Luis Obispo. Jason Katz, B.S. Urban Planning, B.A. Sustainability and Urban Dynamics DAC Accessibility Specialist Jason brings to DAC a background in civil design with degrees in Urban Planning and Sustainability/Urban Dynamics. Jason is also certified in Geographic Information Science and Auto CAD. Prior to becoming an Accessibility Specialist with DAC, Jason has worked on projects to compare and estimate future urban area population density differences using ESRI ArcMap 10, and also worked with the City of Mesa, Arizona to help establish green building codes for City owned buildings. Srikant Talasila Director, Information Technology Srikant brings many years of experience with information technology and management information services from a large corporation. He has the ability to categorize and organize large volumes of information regarding public and school facilities into a manageable database. He provides training and consultation to our clients in the use of DACTrak. Srikant would work directly with City of San Luis Obispo 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 10.b Packet Pg. 180 Attachment: b - DAC Proposal to City of San Luis Obispo - October 18 2016 [Revision 3] (1526 : MOU with CJPIA for ADA Services) Disability Access Consultants Proposal to the City of San Luis Obispo for ADA Consulting Services 7 and technical writing team, organizing the completion of technical reports, as well as managing production schedules, staff and timelines. CLIENT REFERENCE LIST The following are a few of the most recently completed references for scopes of work similar to the City of San Luis Obispo that include City and County Governments and Park Districts. Numerous additional references are available. City of Bakersfield Caleb Blaschke City Manager’s Office, City Hall North 1600 Truxtun Avenue Bakersfield, CA 93301 Phone: (661) 326-3745 cblaschke@bakersfieldcity.us Project Name: ADA Self-Evaluation and Transition Plan  DAC provided an ADA Self-evaluation and transition plans of City buildings, facilities and parks.  The City is using DACTrak Accessibility Management Software to manage the implementation of the plan and document progress.  DAC also conducted the ADA Self-evaluation of programs, services and activities and provided the City with an Executive Summary detailing the results and recommendations. City of Waterford Matt Erickson Public Works Director 101 E Street Waterford, CA 95386 Phone: (209) 874-4095 ext. 130 merickson@cityofwaterford.org Project name: ADA Self-Evaluation and Transition Plan  DAC conducted an ADA self-evaluation and Transition Plan for City Buildings, facilities, parks and public rights-of-way  DAC has also assisted the City to perform a self-evaluation of services, policies, programs and practices.  City staff is using DACTrak to update and implement their Transition Plan. City of Grass Valley Bjorn Jones Associate Civil Engineer 125 East Main Street Grass Valley, CA 95945 Phone: (530) 274-4322 bjornj@cityofgrassvalley.com Project name: ADA Self-Evaluation and Transition Plan  DAC created ADA self-evaluation and transition plans for City buildings, facilities, parks and parking lots.  DAC also assisted the City to complete the evaluation of policies, procedures, practices and programs, and provide opportunities for public input.  The City staff is using DACTrak to update and implement their Transition Plan for facilities.  DAC reviewed the City’s existing field assessment reports for curb ramps and sidewalks, and made necessary recommendations to complete a public rights-of-way Transition Plan County of Inyo Diane Fortney Project Coordinator, Public Works P.O. Drawer Q Independence, CA 93526 Phone: (760) 878-0263 dfortney@inyocounty.us Project name: ADA Self-Evaluation and Transition Plan  DAC recently completed an ADA self-evaluation and transition plan for county buildings, facilities, parks and public rights-of-way  DAC provided the County with several options and methods to advertise for public input and collect and compile the responses themselves to help in the prioritization of the Transition Plan  County staff are currently using DACTrak to update and manage the Transition Plan 10.b Packet Pg. 181 Attachment: b - DAC Proposal to City of San Luis Obispo - October 18 2016 [Revision 3] (1526 : MOU with CJPIA for ADA Services) Disability Access Consultants Proposal to the City of San Luis Obispo for ADA Consulting Services 8 City of Victorville Christian Guntert Director of Community Services 14343 Civic Drive Victorville, CA 92392 Phone: (760) 955-5262 cguntert@ci.victorville.ca.us Project name: ADA Self-Evaluation and Transition Plan  DAC is currently conducting an ADA self-evaluation and transition plan for city buildings, facilities, airport, parks, public rights-of-way and signalized intersections  DAC is also assisting the City to prepare the responses to their annual Caltrans audit and on-going HUD audits  DAC is also assisting the City to advertise their current request for public input, and compiling the results of the responses.  The City is currently using DACTrak to implement their transition plan City of Carlsbad Ed Garbo Risk Manager 1635 Faraday Avenue Carlsbad, CA 92008 Phone: (760) 602-2471 Ed.garbo@carlsbadca.gov Project Name: ADA Self-Evaluation and Transition Plan  DAC conducted an ADA self-evaluation and transition plan for City buildings, facilities, and parks.  DAC has also assisted the City to successfully prepare and respond to a current Caltrans audit.  DAC also assisted the City to perform a self-evaluation of services, policies, programs and practices.  DAC is providing ongoing, as needed additional consultation such as plans review.  The City is currently using DACTrak to implement their transition plan. City of Palm Springs James Thompson City Clerk 3200 E Tahquitz Canyon Way Palm Springs, CA 92262 Phone: (760) 323-8204 jay.thompson@palmsprings-ca.gov Project Name: ADA Self-Evaluation and Transition Plan  DAC conducted an ADA self-evaluation and transition plan for City buildings, golf courses, pools, airport, parks and public rights-of- way  DAC has also assisted the City to successfully prepare and respond to a recent Caltrans audit  The City is currently using DACTrak to implement their transition plan. City of La Quinta Terry Deeringer Was Human Resources/General Services Manager of City of La Quinta at time of services 78495 Calle Tampico La Quinta, CA 92253 Current contact information as Director of Human Resources & Risk Management for City of Indio Phone: (760) 391-4008 Tdeeringer@indio.org Project Name: ADA Self-Evaluation and Transition Plan  DAC has provided the City with an ADA self-evaluation and transition plan for City buildings, parks, intersections and public rights-of-way  The City is currently using DACTrak to implement their transition plan.  Additionally, DAC provided the City with an assessment of City policies and programs to determine if any were discriminatory to individuals with disabilities. 10.b Packet Pg. 182 Attachment: b - DAC Proposal to City of San Luis Obispo - October 18 2016 [Revision 3] (1526 : MOU with CJPIA for ADA Services) Disability Access Consultants Proposal to the City of San Luis Obispo for ADA Consulting Services 9 City of Claremont Jeff Baughman Building Official 207 N Harvard Avenue Claremont, CA 91711 Phone: (909) 399-5477 jbaughman@ci.claremont.ca.us Project Name: ADA Self-Evaluation and Transition Plan  DAC provided ADA self-evaluation and transition plans of buildings, parks, intersections, roadways, sidewalks and public rights-of-way.  The City was provided DACTrak Accessibility Management Software to manage the implementation of the plan, document resources needed and document progress.  DAC also conducted the ADA self-evaluation of programs, services and activities to determine if any were discriminatory for individuals with disabilities and provided the City with an Executive Summary detailing the results and recommendations. County of Butte Grant Hunsicker Director of General Services 2081 2nd Street Oroville, CA 95965-3413 Phone: (530) 538-2511 Ghunsicker@buttecounty.net Benjamin Matray County Architect General Services Department 2081 2nd Street Oroville, CA 95965-3413 Phone: (530) 538-6056 bmatray@buttecounty.net Project Name: ADA Self-Evaluation and Transition Plan  DAC is currently working with the County to inspect County facilities for compliance with the Americans with Disabilities Act and California Building Code.  DAC is also performing a review of County policies, grievance procedures and public notices to evaluate their compliance with the ADA and suggest alternatives if necessary.  DAC is assisting the County in developing their updated transition plan.  DAC has provided training to County staff on ADA compliance, methods for reasonable accommodations, and effective communications with individuals with disabilities. City of San Clemente Johanne Thordahl Risk Mgmt. Analyst 100 Avenida Presidio San Clemente, CA 82672 Phone: (949) 361-8203 ThordahlJ@san-clemente.org Project Name: ADA Self-Evaluation and Transition Plan  ADA self-evaluation and transition plans of buildings, parks, piers, beach areas, golf course, pools, beach concessions, lifeguard areas, trails and public rights-of-way.  The City was provided DACTrak Accessibility Management Software to manage the implementation of the plan, document resources needed and document progress.  The ADA self-evaluation of programs, services and activities to determine if any were discriminatory for individuals with disabilities was completed by DAC.  DAC also assisted with the resolution of two complaints. Disability Access Consultants has never been removed from a project or disqualified from proposing on a project. SUBCONSULTANTS DAC does not use subcontractors or subconsultants, as DAC prefers team members that have direct accountability and training by DAC to provide a seamless project delivery and interaction with City staff. SCOPE OF WORK Disability Access Consultants (DAC) understands that the City of San Luis Obispo (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 10.b Packet Pg. 183 Attachment: b - DAC Proposal to City of San Luis Obispo - October 18 2016 [Revision 3] (1526 : MOU with CJPIA for ADA Services) Disability Access Consultants Proposal to the City of San Luis Obispo for ADA Consulting Services 10 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 San Luis Obispo without imposing unnecessary interruptions or burdens to City staff. During the past 18 years, Barbara Thorpe and her team have developed ongoing working relationships with City and County governments and have worked diligently to have clear lines of communication. DAC has the extensive knowledge and experience with all Federal and State regulations during the past 18 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 San Luis Obispo 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 10.b Packet Pg. 184 Attachment: b - DAC Proposal to City of San Luis Obispo - October 18 2016 [Revision 3] (1526 : MOU with CJPIA for ADA Services) Disability Access Consultants Proposal to the City of San Luis Obispo for ADA Consulting Services 11 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 San Luis Obispo staff to establish roles and lines of communication, refine project goals, review the overall project schedule, schedule surveys of City of San Luis Obispo facilities and identify key City of San Luis Obispo personnel related to the project scope. Initial self-evaluation activities will be completed during this step. b) The initial orientation meeting should include an assessment of previous compliance activities and areas of current or potential litigation. The review of compliance activities and high priority areas will assist with the development of an overall project plan. The review and documentation of prior initiatives will also build a more defensible plan if the City is challenged by litigation. c) DAC will conduct field surveys of the buildings and facilities listed in the property schedule, as well as the City maintained public rights-of-way to sidewalks, curb ramps and signalized intersections. d) Surveys will identify all physical barriers (interior and exterior) including the path of travel in and around the facility and from the public right-of-way at each site in accordance with Title 24 of the California Building Code and the ADA Standards (previously referred to as ADAAG). e) DAC currently provides geographical information (latitude and longitude) for each identified exterior barrier in the public right-of-way that can be incorporated into the City’s Geographical Information System (GIS). DAC incorporated the map-linked GIS feature based on the needs of many of our City and County clients. DAC uses a comprehensive approach to inspecting public rights-of-way (PROW). In order to conduct an assessment of all the requirements in the PROW, DAC conducts manual measurements of the field conditions and enters the information into our DACTrak pc tablet in the field. DAC has found that the use of automated equipment for running slopes on sidewalks, such as ultra-light profilers, do not provide 10.b Packet Pg. 185 Attachment: b - DAC Proposal to City of San Luis Obispo - October 18 2016 [Revision 3] (1526 : MOU with CJPIA for ADA Services) Disability Access Consultants Proposal to the City of San Luis Obispo for ADA Consulting Services 12 an actual measurement, but only provide a chart showing ranges. In some cases, if a change in level is greater than ½ inch, no actual quantifiable information is reported of how much greater or of the severity. In order to get the actual measurements for the sidewalks and intersections, the use of a “profiler” does not provide the measurements needed for items such as automated pedestrian signals and street furniture. f) As required by the ADA, the 2010 ADA Standards will be compared with state codes (Title 24 of the California Building Code) and the standard that provides the greater level of accessibility utilized. As DAC collects as-is field conditions and records all information, data can be reprocessed if codes change without conducting a re-inspection, thus resulting in a significant savings when codes change and the plan needs to be updated. g) Provisions and standards for historic buildings will be applied as appropriate. h) Assessments and reports will include a high degree of detail with photographs, code references, and cost estimates. The DACTrak software and reports will include additional specifics, such as as-built dimensions, progress reports, additional prioritizations, preset reporting features and other custom reports. Reports will be delivered in the format requested, and reports will also be available using DACTrak. The inclusion of photographs showing the as-is condition has proven to be valuable assistance to clients in the formulation of the decisions regarding barrier removal priorities. The DACTrak software provides an easy to use accessibility management platform that exceeds the ability to manage the plan by hard copies and binders. The assessment report of each facility will include cost estimates to correct deficiencies in accordance with the ADA, Title 24 of the California Building Code. i) Barriers are identified by building, floor, or location and given a unique identifier record number (UIN) to assist with navigation in the accessibility software and location of the finding and recommendation by area and site. Estimated applicable costs will be given by item and element in accordance with industry standards. Costs can be easily adjusted to adhere to any cost estimates the City may utilize. j) Physical access problems that require structural solutions will be documented in the Compliance Assessment/Transition Plan. The proposed method for removal will be provided. The transition plan will identify physical barriers that may limit accessibility of City programs, services or activities for individuals with disabilities. The schedule for removal of barriers and appropriate timelines will be developed in consultation with the City. k) The field survey information will be presented to the ADA Compliance Team as requested using the DACTrak web-based accessibility management system. Many different types of reports will be available for the City. Feedback will be incorporated as appropriate. l) The survey data will be compiled into a Transition Plan which will identify actual as-is conditions and prioritize current barriers, provide a schedule for barrier removal, as well as establish procedures for addressing future accessibility issues. The Transition Plan data is able to be exported to Excel or PDF formats. The Transition Plan data will include photographs, findings, recommendations, code references, estimated costs, priority settings (in addition to prioritized report) in accessibility software for accessibility management. Photographs and GIS coordinates are valuable for the development of the transition plan. m) DAC will assist the City to solicit input from members of the community and persons with disabilities. Methods will be utilized to solicit public input may include notices, information on the website and surveys. n) The Transition Plan data will be provided using DACTrak which has management, monitoring, and web- based tracking tools that allow staff to manage current and future accessibility issues, update the deficiency status, and generate reports to show progress in meeting the Transition Plan requirements. Phase II: Implementation Phase - Transition Plan Development a) DAC will develop, in collaboration with the City a comprehensive ADA Self-Evaluation and Transition plan for facilities, buildings, parks and public rights-of-way. b) DAC will develop a first draft of the ADA Transition Plan with recommended priority levels. c) DAC will meet with the City to review the draft document and incorporate any comments, changes or feedback. d) DAC will assist the City to conduct public outreach activities that may include website announcements, 10.b Packet Pg. 186 Attachment: b - DAC Proposal to City of San Luis Obispo - October 18 2016 [Revision 3] (1526 : MOU with CJPIA for ADA Services) Disability Access Consultants Proposal to the City of San Luis Obispo for ADA Consulting Services 13 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) If requested, DAC can present the draft ADA Transition Plan at a regularly scheduled council meeting for discussion and for informational purposes. DAC does not recommend that the plan be adopted by the City, as adoption is not required and may cause additional discussion regarding projected dates in the plan that are meant to be “projected and estimated dates” and not final dates of barrier removal. 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. 10.b Packet Pg. 187 Attachment: b - DAC Proposal to City of San Luis Obispo - October 18 2016 [Revision 3] (1526 : MOU with CJPIA for ADA Services) Disability Access Consultants Proposal to the City of San Luis Obispo for ADA Consulting Services 14 COST PROPOSAL 1. Total Cost for the City of San Luis Obispo facility/park inspections is: $128,800 (Yellow highlights denote items for further discussion or sites that have been removed and/or adjusted from original list during kick-off meeting). Type Facility 1 B CITY HALL 2 B FIRE STATION NO 1 3 B FIRE STATION NO 2 4 B FIRE STATION NO 3 5 B FIRE STATION NO 4 6 B POLICE STATION 7 W WATER TREATMENT PLANT 8 W STENNER HYDRO PLANT 9 B CORPORATION YARD, OPERATIONS AND MAINTENANCE 10 WW WASTEWATER TREATMENT PLANT 11 B CITY/COUNTY LIBRARY 12 B RIFLE RANGE BUILDING 13 B COUNTY MUSEUM 14 B & P JACK HOUSE 15 B CHILDRENS MUSEUM 16 B & P MEADOW PARK AND RECREATION CENTER (includes Exposition Park) 17 B SLO SWIM CENTER 18 P SINSHEIMER PARK 19 P MITCHELL PARK 20 B MITCHELL PARK SENIOR CITIZENS CENTER 21 B WHALE ROCK RESERVOIR 22 B BUS MAINTENANCE FACILITY 23 P LAGUNA LAKE PARK 26 B MARSH STREET PKG GARAGE 27 B ART CENTER FACILITY 28 B PALM STREET PARKING GARAGE 29 B LUDWICK COMMUNITY CENTER 30 P SANTA ROSA PARK 31 B OLD CITY LIBRARY 32 P & R LAGUNA LAKE GOLF COURSE 33 P FRENCH PARK 34 B PARKS & RECREATION ADMIN 35 P ISLAY HILL PARK 36 B UTILTITIES ADMINISTRATION 37 PRADO DAY CENTER 38 B POLICE ANNEX 39 B OFFICE / PARKING STRUCTURE 10.b Packet Pg. 188 Attachment: b - DAC Proposal to City of San Luis Obispo - October 18 2016 [Revision 3] (1526 : MOU with CJPIA for ADA Services) Disability Access Consultants Proposal to the City of San Luis Obispo for ADA Consulting Services 15 40 P ELLSFORD PARK 41 P STONERIDGE PARK 42 P OSOS/TRIANGLE PARK 43 P LAS PRADERAS PARK 44 P PRIOLO-MARTIN PARK 45 P VISTA LAGO PARK 46 P ANHOLM PARK 47 P EMERSON PARK 48 P JOHNSON PARK 49 P LAGUNA HILLS PARK 50 P THROOP PARK 51 P MISSION PLAZA 52 P MISSION PLAZA EXTENSION 53 P MISSION PLAZA RESTROOM 54 P DAMON-GARCIA SPORTS FIELDS 55 P & R LAUREL LANE COMMUNITY GARDENS 56 P & R BROAD STREET COMMUNITY GARDENS 57 P BUENA VISTA PARK 60 K PARKING LOT #4 61 K PARKING LOT #10 63 K PARKING LOT #14 64 K PARKING LOT #15 B RAILROAD MUSEUM 65 K RAILROAD SQUARE PARKING LOT 66 B RAILROAD TRANSFER CENTER 67 P CHENG PARK 68 O GEARHART/MCBRIDE OPEN SPACE 69 B Emergency Dispatch Center 70 B Fire Storage Building 71 P DEVAUL RANCH PARK 72 B 610 MONTEREY 73 B 633 PALM 74 B 3320 BULLOCK 75 O RESERVOIR CANYON PKING & KIOSK 76 O CERRO SAN LUIS PARKING & KIOSK 77 O IRISH HILLS PARKING & KIOSK 78 O JOHNSON RANCH PARKING & KIOSK 79 P ETO PARK p POINSETTIA MINI PARK 80 P POINSETTIA CREEK WALK 81 T BOB JONES TRAIL 82 P RAILROAD TRAIL 1&2 83 P RAILROAD TRAIL 4 10.b Packet Pg. 189 Attachment: b - DAC Proposal to City of San Luis Obispo - October 18 2016 [Revision 3] (1526 : MOU with CJPIA for ADA Services) Disability Access Consultants Proposal to the City of San Luis Obispo for ADA Consulting Services 16 84 85 86 O OPENSPACES WITH NO PARKING (JUST STREET PARKING) BISHOP PEAK BOWDEN RANCH SOUTH HILLS TERRACE HILL ISLAY HILL STENNER SPRINGS 2. Total estimated pricing for the inspection of Public Rights-of-Way: $108,070 202 Miles of Sidewalks, Curb Ramps, Intersections, APS Signals Survey of an estimated 202 miles of City roadway miles, including sidewalks, curb ramps and APS Intersections at a not to exceed cost of $108,070 using the rate of $535 per linear mile of sidewalk. DAC will calculate the number of miles of sidewalk surveyed to calculate a total fee based upon the miles surveyed only. For example, if the amount of sidewalk miles is less than the amount allocated, the City will only be invoiced for the linear miles of sidewalk surveyed. The information from the survey will be placed into DACTrak 3. Review of policies, procedures and programs 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. 4. DACTrak Licensing cost: $2,000 As a CJPIA member the cost of DACTrak Software licensing is $2,000/year. The cost includes unlimited seat licenses. Cost Summary 1. Total Cost for the City of San Luis Obispo inspection/surveys of facilities: $128,800 2. Total Estimated Cost for Public Rights-of-Way inspections: $108,070 3. Cost of review of policies, procedures and programs and assistance with public input: $ 5,000 4. DACTrak licensing cost per year: $ 2,000 TOTAL $244,670 10.b Packet Pg. 190 Attachment: b - DAC Proposal to City of San Luis Obispo - October 18 2016 [Revision 3] (1526 : MOU with CJPIA for ADA Services) Disability Access Consultants Proposal to the City of San Luis Obispo for ADA Consulting Services 17 SCHEDULE: SCOPE OF SERVICES SUMMARY BY ESTIMATED TIMELINES Based upon experience, a project milestone chart is provided in weeks. It is estimated that the project will be completed in five months, or sooner. The chart below is a summary of major milestones and is not necessarily representative of all of the individual project activities. Scope of Service –Activity or Task 1 2 3 4 5 6 7 8 9 10 11 12 DAC Team Meeting with City of San Luis Obispo; kick-off meeting; survey methodologies, deliverables and schedule confirmation Project planning, scheduling, procedures review Review of policies, procedures and practices; analysis of existing plan Collaboration and confirmation of public input process Public input and community outreach Draft Self-Evaluation of services, policies, programs and practices Field inspection data compiled (compiled on a daily basis and available for review throughout the inspection process) Presentation to selected City staff (recommended that the review occur at several milestones, not only at the conclusion) Solicit and record feedback from the City (several opportunities for feedback) Appropriate public input integrated into the surveys for further prioritization Incorporate and integrate the City’s current public right-of-way plan as appropriate Final Draft Deliverables completed and presentation to the City Council 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. 10.b Packet Pg. 191 Attachment: b - DAC Proposal to City of San Luis Obispo - October 18 2016 [Revision 3] (1526 : MOU with CJPIA for ADA Services) Disability Access Consultants Proposal to the City of San Luis Obispo for ADA Consulting Services 18 Additional Information Conflict of Interest Statement DAC does not have any financial, business or other relationship with the City that may have an impact upon the outcome of this contract and does not have any current clients that may have a financial interest in the outcome of this contract. Disability Access Consultants has no conflict of interest with the City of San Luis Obispo, 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 18 years in business and does not have any pending, previous or current litigation. DAC has the financial, operational and staff stability to complete a quality and comprehensive project on time. DAC has no adverse conditions. Minority Utilization and Affirmative Action DAC is an equal opportunity employer and has recruited minorities and veterans. DAC’s quality control team leader is a Vietnam veteran with a disability. Background Checks and Fingerprinting All employees of Disability Access Consultants have been fingerprinted and have background checks. DAC has FBI and DOJ fingerprint clearances on file for DAC staff. We have conducted studies for school districts, state and local governments, the Federal Government, Judicial Chambers and Correctional Institutions that require background checks. DAC has found that background checks are important especially in situations where inspection staff may be working near children, and are required in certain situations. 10.b Packet Pg. 192 Attachment: b - DAC Proposal to City of San Luis Obispo - October 18 2016 [Revision 3] (1526 : MOU with CJPIA for ADA Services) Disability Access Consultants Proposal to the City of San Luis Obispo for ADA Consulting Services 19 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. 10.b Packet Pg. 193 Attachment: b - DAC Proposal to City of San Luis Obispo - October 18 2016 [Revision 3] (1526 : MOU with CJPIA for ADA Services) Disability Access Consultants Proposal to the City of San Luis Obispo for ADA Consulting Services 20 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. 10.b Packet Pg. 194 Attachment: b - DAC Proposal to City of San Luis Obispo - October 18 2016 [Revision 3] (1526 : MOU with CJPIA for ADA Services) Disability Access Consultants Proposal to the City of San Luis Obispo for ADA Consulting Services 21 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. 10.b Packet Pg. 195 Attachment: b - DAC Proposal to City of San Luis Obispo - October 18 2016 [Revision 3] (1526 : MOU with CJPIA for ADA Services) Disability Access Consultants Proposal to the City of San Luis Obispo for ADA Consulting Services 22 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. 10.b Packet Pg. 196 Attachment: b - DAC Proposal to City of San Luis Obispo - October 18 2016 [Revision 3] (1526 : MOU with CJPIA for ADA Services) Disability Access Consultants Proposal to the City of San Luis Obispo for ADA Consulting Services 23 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. 10.b Packet Pg. 197 Attachment: b - DAC Proposal to City of San Luis Obispo - October 18 2016 [Revision 3] (1526 : MOU with CJPIA for ADA Services) Disability Access Consultants Proposal to the City of San Luis Obispo for ADA Consulting Services 24 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. 10.b Packet Pg. 198 Attachment: b - DAC Proposal to City of San Luis Obispo - October 18 2016 [Revision 3] (1526 : MOU with CJPIA for ADA Services) Disability Access Consultants Proposal to the City of San Luis Obispo for ADA Consulting Services 25 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. 10.b Packet Pg. 199 Attachment: b - DAC Proposal to City of San Luis Obispo - October 18 2016 [Revision 3] (1526 : MOU with CJPIA for ADA Services) Disability Access Consultants Proposal to the City of San Luis Obispo for ADA Consulting Services 26 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. 10.b Packet Pg. 200 Attachment: b - DAC Proposal to City of San Luis Obispo - October 18 2016 [Revision 3] (1526 : MOU with CJPIA for ADA Services) Disability Access Consultants Proposal to the City of San Luis Obispo for ADA Consulting Services 27 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. 10.b Packet Pg. 201 Attachment: b - DAC Proposal to City of San Luis Obispo - October 18 2016 [Revision 3] (1526 : MOU with CJPIA for ADA Services) MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOU) is between the California Joint Powers Insurance Authority (CJPIA) and The City of San Luis Obispo (MEMBER) for purposes of authorizing work related to CJPIA’s ADA Assistance Program, which includes conducting self-evaluations and inspections, developing transition plans, and evaluating programs and services. Disability Access Consultants (DAC) will perform all work for MEMBER on behalf of CJPIA in accordance with all terms, covenants, standards and conditions set forth in that certain agreement between the CJPIA and DAC, entered into on November 12, 2015 of which MEMBER shall be considered a third party beneficiary to that agreement, and including any addenda thereof. Copies of the agreement and any addenda thereof are attached hereto as Exhibits “A” (DAC Proposal) and “B” (DAC Agreement and Addendum) respectively and incorporated herein by reference as if fully set forth herein. The City may terminate services provided by DAC pursuant to Section 8, Termination and Modification of the Professional Services Agreement between CJPIA and DAC. 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, $ 244,670 as per attached DAC written proposal 2. Total program funding provided by CJPIA to be $ 23,500 paid directly to DAC on behalf of MEMBER for the aforementioned work 3. Total amount owed by MEMBER, representing $ 221,170 difference between Line 1 and Line 2, which will be billed by CJPIA ____________________________________ _______________ Katie Lichtig, City Manager Date ____________________________________ _______________ Roy Angel, Sr. Risk Manager, CJPIA Date Attachments: DAC Proposal, DAC Professional Services Agreement (including any addenda) 10.c Packet Pg. 202 Attachment: c - MOU with CJPIA [Revision 2] (1526 : MOU with CJPIA for ADA Services) Page intentionally left blank.