HomeMy Public PortalAbout06) 7D MOU with CJPIA for Americans with Disability Act Assistance ProgramAGENDA
ITEM 7.0.
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
DATE: September 18, 2018
TO: The Honorable City Council
FROM: Bryan Cook , City Manager
Via: Michael D. Forbes, Community Development Director
By: Ashley Avery, Management Analyst
'
SUBJECT: MEMORANDUM OF UNDERSTANDING WITH CALIFORNIA JOINT
POWERS INSURANCE AUTHORITY FOR AMERICANS WITH
DISABILITIES ACT ASSISTANCE PROGRAM
RECOMMENDATION:
The City Council is requested to authorize the City Manager to sign the Memorandum of
Understanding (Attachment "A") with California Joint Powers Insurance Authority (CJPIA)
to allow Disability Access Consultants (DAC) to provide consulting services for an
American with Disabilities Act (ADA) Self-Evaluation and Transition Plan.
BACKGROUND:
1. The ADA (42 U.S.C . § 12101) was signed into law by the President on July 26, 1990.
It is a civil rights law that prohibits discrimination based on disability. It requires
covered employers to provide reasonable accommodations to employees with
disabilities and public spaces must meet accessibility requirements.
2. In 1991, Title II of the ADA was signed into law and imposed by the U.S. Department
of Justice . It prohibits discrimination based on disability by all public entities,
including school districts, municipalities, county, and state level government
agencies . These regulations require access to all programs and services offered by
the entity as well as physical access .
3. In 1993, to comply with Title II requirements, Temple City completed an ADA Self-
Analysis and Transition Plan .
4. City Council budgeted $68,300 in the FY 2018-2019 for this period to update the
City Council
September 18, 2018
Page 2 of 3
ADA Self-Evaluation and Transition Plan .
ANALYSIS:
The ADA was the first civil rights law addressing discrimination against people with
disabilities, in employment, public services, technological communication , and public
accommodations. Title II of the ADA specifically prohibits discrimination by public entities
at the local level. All public entities, regardless of size, must comply with Title II
requirements. All cities must complete a self-analysis of the programs and services they
provide to determine if ADA requirements are being met. In January of 1993, Temple City
completed the ADA Self-Analysis and Transition Plan required by Title II . The analysis
identified several items that required structural modification to meet ADA requirements.
All modifications were given an estimated completion date of June 30, 1996 (end of 1995-
96 fiscal year).
According to CJPIA, in the past court systems were lenient regarding ADA compliance
issues that required structural modification due to the law's extensive requirements and
resulting high financial burden. However courts are no longer tolerant of public entities
that continue to remain noncompliant, as the ADA was adopted nearly 30 years ago. In
2013, during the class action lawsuit Willits v. City of Los Angeles, the Court determined
that no undue financial burden defense exists regarding pedestrian rights of way ,
sidewalks, and curb ramps regardless of when they were originally constructed . This
resulted in the City of Los Angeles agreeing to a settlement of over $1.3 billion.
In light of revisions made to the ADA after 1993 and recent court decisions, CJPIA is
recommending that Temple City complete another ADA Self-Analysis and Transition
Plan . The previous self-analysis was completed over 25 years ago and there are
potentially areas of concern within the city that were not discovered or were not out of
compliance at that time. CJPIA has approved funding for member agencies that work with
their retained consulting firm. The consultants will assess the member agency's ADA
compliance by inspecting structures, evaluating programs and services , and developing
a transition plan. CJPIA will fund up to $23,500 for this service , $16,500 towards public
rights of way inspections, $5,000 towards policies, procedures, and programs review, and
$2,000 toward the first year software licensing fee of the consultants' tracking database.
If the city elects to continue using the software , the city must pay the annual $2,000
licensing fee .
The consulting firm retained by CJPIA , Disability Access Consultants (DAC), submitted a
proposal (Attachment "B") for Accessibility Services ADA Self-Evaluation and Transition
Plan. The proposal states that DAC will conduct inspections to identify potential barriers
in accordance with applicable accessibility standards and assist Temple City in
developing a transition plan to schedule a cost effective time frame for barrier removal.
The proposal also includes use of DACTrak, the tracking database that maintains records
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September 18 , 2018
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of inspections, photographs, items to be corrected , corrections made and associated
costs. DAC estimates that the entire project should be completed in 10 months or less
for a total cost of $91,800. After receiving CJPIA assistance funds of $23,500 , the total
cost for the city would be $68,300.
DAC Cost Summary
Inspection of Facilities
Inspection of Public Rights-of-Way
Self-Evaluation (review of programs, policy, and procedure)
Software License (DACTrak)
Less CJPIA Assistance Funding
Total Cost to Temple City
$28,800
$56 ,000
$5,000
$2.000
$91,800
($23 ,500)
$68,300
As a member agency of CJPIA, Temple City is eligible to work with DAC to develop an
up to date ADA Self-Evaluation and Transition Plan and receive funding assistance. If the
City elects to participate in the program (Attachment "C"), the City would not execute an
agreement with DAC, as the agreement (Attachment "D") between CJPIA and DAC allows
member agencies of CJPIA to be an Additional Insured and become an Indemnitee.
CJPIA would pay DAC directly and invoice the City for the services provided by DAC.
CITY STRATEGIC GOALS:
Developing an up to date ADA Self-Evaluation and Transition Plan is consistent with th e
City Strategic Goals of Good Governance , Public Health and Safety, and Quality of Life.
FISCAL IMPACT:
Funds for the ADA self-evaluation have already been allocated in the budget for FY 2018-
2019. There is no additional fiscal impact.
ATTACHMENTS:
A. CJPIA MOU -ADA Assistance Program
B. DAC Proposal for Accessibility Services
C. CJPIA ADA Assistance Program Guidelines
D. Professional Service Agreement between CJPIA and DAC
ATTACHMENT A
CA L I FORNIA
J • P · I • A
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (MOU) is between the California Joint Powers Insurance
Authority (CJPIA) and City of Temple City (MEMBER) for purposes of authorizing work related
to CJPIA's ADA Assistance Program, which includes conducting self-evaluations and
inspections , developing transition plans, and evaluating programs and services .
Disability Access Consultants (DAC) will perform all work for MEMBER on behalf of CJPIA in
accordance with all terms , covenants, standards and conditions set forth in that certain
agreement between the CJPIA and DAC, entered into on March 14, 2017 of which MEMBER
shall be considered a third party beneficiary to that agreement. Copies of the agreement are
attached hereto as and incorporated herein by reference as if fully set forth herein.
This MOU also discloses costs related to the aforementioned work, which will be billed directly
to CJPIA. CJPIA will then invoice MEMBER , less the amount of CJPIA ADA Assistance
Program funding. MEMBER agrees to pay the invoiced amount within 30 days of billing by
CJPIA.
1. Total cost for all work to be performed by DAC,
as per attached DAC written proposal
2. Total program funding provided by CJPIA to be
paid directly to DAC on behalf of MEMBER
for the aforementioned work
3 . Total amount owed by MEMBER, representing
difference between Line 1 and Line 2 , which
will be billed by CJPIA
$91,800.00
$23,500.00
$68,300.00
Should additional inspection items be added to the scope of work, DAC will provide an
addendum to the proposal. MEMBER acknowledges and agrees to be responsible for any
additional costs incurred from the addition of these items to the scope of work (e .g., buildings,
facilities, bus stops , sidewalk mileage, etc.). A revised MOU must be executed by the MEMBER
and CJPIA, before proceeding with additional work.
Bryan Cook, City Manager Date
Maria Galvan, CJPIA Risk Manager Date
Attachments: DAC Proposal, DAC Professional Services Agreement and addenda
CALIFORNIA JOINT POWERS INSURANCE AUTHORITY
ROR I MOODY STREET, l.i\ PALMA, Ci\ 90623 TEL (~62) 467 8700 FAX (562) 860-4992
ATTACHMENT B
City of Temple City
Proposal for Accessibility Services
AMERICANS WITH DISABILITIES ACT (ADA) SELF-EVALUATION AND
TRANSITION PLAN
January 18, 2018
(Updated July 25, 2018}
Disability Access Consultants
2243 Feather River Blvd
Oroville, CA 95965
DAC
D ISABILITY ACCESS
CONSULTANTS
DAC
COVER lETTER
January 18, 2018
(Updated July 25, 2018)
To:
Re:
Firm Information:
Headquarters:
Mr. Michael Forbes
Community Development Director
City of Temple City
9701 Las Tunas Drive
Temple City, CA 91780
Americans with Disabilities (ADA) Se lf-Eva lu ation and Transition Plan
Disability Access Consu ltants (DAC)
2243 Feather River Blvd, Oroville, California 95965
Project Manager: Barbara Thorpe, President
bthorpe@dac-corp.com Phone: 1-800-743-7067
We appreciate the opportun ity to subm it our stateme nt of qualifications and proposal for providing consu ltant
se r vices for an Ame ri cans with Disabilities Act (ADA) Self-Evaluation and Transition Plan for the City of Temple
City public facilities and public rights-of-way.
As you may be aware, under Title II of the ADA, th e City of Temple Ci t y is required to have a current Se lf-
Evaluation and Transition Plan. Title II entities, such as Temple City may be at sign ifi cant risk for claims and
litigations by not having a current plan. Also, recent inquiries and enforcement activities by the DOJ, Ca iTrans
and HUD have shown that Cities can be at risk of losing or not being ab le to receive their state and federal pass
through funding should yo u not have a current plan in place.
DAC has extensive experience in the eva lu ation of program and facility accessibil ity and provides a full
continuum of Americans with Disabilities Act (ADA) and accessibi lity services for public entities, such as the
City of Temp le City. Founded as a California corporation and woman owned business in 1998, DAC has
provided services for the past 20 years to assist public entities to comply and implement accessibility
requirements in accordance with the ADA, Title 24 of the Ca liforni a Building Code, Section 504 and related
federal, state and loca l disability-related n ondiscrim in ation laws and regu lation. DAC h as conducted over
19,000 bui lding in spections, surveyed thousands of parks and playgrounds, thousands of miles of sidewa lks
and performed hundreds of programmatic reviews and self-eva lu ations to stud y th e accessibi lity of programs,
services, activities, events and related areas. DAChas a comprehensive understanding of applicable standards,
regu lations and requirements under Title II of the ADA, Ca lifo rni a Bui lding Code and related state accessibility
standards. DAChas completed over a hundred similar studies.
DAChas 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 othe r geographic areas, usil'lg tools and standards
for public rights-of-way accessibility reviews by means of a software program to update and manage the ADA
public rig hts-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 comp li an ce efforts, DAC has
deve loped web-based software ca ll ed DACTrak. DACTrak is a powerful tool to manage and update the
transition plan, project costs and document progress. Custom reports ca n be printed in a variety of formats.
Respectfu ll y submitted by Barbara Thorpe, President
Disability Access Consultants Proposal to the City of Temple City for ADA Consulting Services 2
DAC
FIRM ORGANIZATION AND DESCRIPTION OF QUALIFICATIONS
Since Disability Access Consultants was founded as a woman owned Ca lifornia Corporation in 1998, DAChas
provided serv ices for th e past 20 years to ass ist pub l ic en tities to comply and implement accessib ility
requirements in accorda nce with th e ADA, Title 24 of th e Ca lifornia Building Code, Section 504 and re lated
federal, st at e and local disability-related nondiscrimi nation laws a nd regula t ion. DAChas extensive experience
in t he eva lu ati on of program and f ac ility accessib ility a nd provides a full co ntinuum of Americans w ith
Disabilities Act (ADA} and accessibility se rvi ces f o r public en tities, such as the Ci t y of Temple City.
As our founder, Barbara Thorpe, worked with a public entity for 19 years as the ADA Coord in ator, 504
Coo rdin ato r, and Director of Plannin g and Co mpliance, she has extensive experience workin g with ind ividua ls
with disabilities and organizations representing individu als with disabilities. In addition, she has co llaborated
with individua ls with disabilities and organizations that represent individuals with disabilities in a facilitative
manner that has benefited city gove rnments during h er work with other municipalities. Barbara and the DAC
team members have demonstrated the abi lity to engage and interact with individuals and organiza tions t o
assist w ith the prioritization, lon g range planning and impleme ntation ofthe ADA p lan .
DAC has a team of more than 25 staff, with our Facility Team Leader Michael Boga holding CASp Certificate
#152, dedicated t o ass isting public entities, such as the City of Te mple
City, with ADA compliance. DACh as a compr eh ens ive unde rst anding of
applicable standards, regulations and requirement under Title II of the
ADA, Ca lifornia Building Code and related st ate access ibility st a ndards .
DAC has a rep utation to be in g r espo nsive to the client's nee ds ,
providing o n-time project completion within budgets. DAC ha s a
proven track reco rd for comprehensive expe ri e nce in co nducting ADA
Se lf Evaluations and Transitio n Plans, implementation and related
se rvices.
Other public entities for wh ich DAChas provided similar services include Fair Oaks Recreation and Park District,
Padre Dam Water District, Hayward Pa r ks and Recreation, 15 California Fa i rs, 160 California public school
districts, and seve r al la rge Joint Power Autho rities and insurance ca rri ers for groups of p ublic entities.
DAC is cu r rently assisting the Cal iforni a Joint Powers In surance Authority (CJPIA} members, of wh ich the City
of Temple City belongs, to ass ist me mber s with ADA compli ance at a discounted rate. DAC has been ass isting
seve r al Joint Power Authorities since 2000 and curre nt ly provides upd ates , consultation, plan reviews and
expert w itness se rvi ces. DAC has worked w it h public entities of all sizes, f rom one site to 506 sit es. Members
of the DAC team ha ve also se rv ed as expe rt witnesses to ass ist public en tities to defend their curr ent practices
and ADA pl an. DAChas only served on the si de t o ass ist public entiti es t o defend t he ir practices and plan and
ha s neve r ass ist ed w ith litiga tion aga in st a p ublic e nt ity. Our mission statement and philosophy emb r ace the
en hancement and ass ista nce to our clients to build a n ADA accessi bility plan wh il e documenting previous and
current compliance m ethods.
Over the 20 yea rs of se rvi ng our clients, DAC has demonstrated financial stabi lity, staff stab ility and has a no
claims in suran ce record.
DAC provid es a full continuum of professional se rv ices that in clude, but are not limited to:
• Fac il ity inspections
• Se lf-eva luations for ADA and Section 504 ofthe Re habilitation Act
• Policy rev iew a nd dev elopm ent
• Trans itio n plans
• Public rights-of-way surveys
• Consult at ion
• Accessib ility com pli ance intake and management software-DACTrak
• DACTrak training to co ndu ct yo ur own inspections
Disability Access Consultants Proposal to the City of Temple City for ADA Consulting Se r vices 3
DAC
• Expert witness service s
• Plan revi ews
• ADA Plan implementation assistance and consultation
• Outdoor d eve loped and re cr ea tiona l areas (pools, parks, trails, camping areas)
• NPSI playground safety in spections
• ADA Playground in spections
DAC utilizes th e appropriate standard(s) for th e in spection that m ay include, but is not limited to:
• ADA 2010 Standards
• California Bui lding Code
• ADA-ABA
• UFA S
• ANSI
• Section 504 ofthe Rehabilitation Act
• Outdoor developed and recreational standards
• National Pl aygro und Safety I nstitute (NPSI) standards
• PROWAG -Federal Public Right s-o f-way Guidelines
• Federal Highway Administration's Manua l on Uniform Traffic Control Dev ices (MUTCD)
Our firm stands out in the public entity arena due to proven performan ce in a wid e range of service s, from
programmatic and policy reviews, facility inspections, transition plans, consultation, pl an reviews and expert
witness services . W e exce l at providing a comprehensive assessment of our clients' current status by preparing
a study of all area s re lated to accessibility in different departments to document ongoing compliance.
Innovative Tools, Strategies and Best Practices
Based on experience and knowledge of th e accessibility fie ld and best practice s, DAC continues to develop
innovative methodologies, easy to use ADA manageme nt tools, and proven , success ful strateg ie s for evaluating
programs, se rvices, activities, events, faciliti es, parks and public rights-of-way. DACTrak was deve loped by DAC
for the purpose of easy and useful importing and management of th e accessibility data collected in the field.
DACTrak is intera ctive web-based so ftware and is not an enhanced Excel s pre ad she et . Th e ab ility to collect,
compile, analyze and use report data in a practica l format was on e of the driving forces to deve lop the DACTrak
intake and managem ent software.
Our DAC accessibility management software, DACTrak, provid es our clients with a powerful management too l
to docum e nt compliance, project costs, print custom reports and record progres s. DACTr ak is not an Excel
sprea d sheet, but actual software that has bee n 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. Findin gs and recommendations, in addition to other d ata are pre loaded into
the DACTrak software. As DAC owns and li ce nses the DACTrak softwa re, we can m ake custom modification s
for our clients.
Th e DAC team members propos ed for the City of Temple City proj ec t have worked together on similar projects.
A few projects are l isted below. References an d a description for the scope of work are provided for several of
the following recent California projects :
• City of Bakersfield
• City of Banning
• City of Benicia
• City of Bishop
• City of Carlsbad
• City of Carpinteria
• City of Cathedral City
• City of Claremont
Disability Access Consultants Prop osal to the City of Temple City fo r ADA Consulting Services 4
DAC
• City of Clovis
• City of Cudahy
• City of Cypress
• City of Del Mar
• City of Downey
• City of Elk Grove
• City of Fountain Va lley
• City of Glendale
• City of Goleta
• City of Grass Valley
• City of Hemet
• City of Huntington Beach
• City of La Mesa
• City of La Quinta
• City of Laguna Woods
• City of Lakewood
• City of Lincoln City
• City of Los Alamitos
• City of Manteca
• City of M enifee
• City of Modesto
• City of Moreno Valley
• City of Newport Beach
• City of Oakdale
• City of Oroville
• City of Palm Springs
• City of Palo s Verdes Esta t es
• City of Paramount
• City of Pi smo Beach
• City of Poway
• City of Red Bluff
• City of San Clemente
• City of Sa n Dimas
• City of Sa n Gabriel
• City of Sa n Jose
• City of San Juan Capistra no
• City of San Luis Obispo
• City of Sa nta Fe Springs
• City of Santa Monica
• City of Shafter
• City of Tu stin
• City of Wasco
• City of Waterford
• City of W i llows
• County of Butte
• County of Ca laveras
• County of Glenn
• County of Kern
• County of Marin
Disability Access Consultants Proposal to the City of Temple City for ADA Con sulting Services 5
DAC
• County of Okaloosa \'lr.kom,., m bngn I 5 u p pcu1 I Si~n Out l llf'IJI -----------------
• County of Plac er
• County of San Luis Obispo Sel~ct d Clie u t;
• County of Sa nta Clara !a tv of u Quint ,. 1·1
• County of Shasta Cily nt l aqulnl n
l nlersf'lcUons • Co unty of Solano P atk'io
Sidewnl ks • County of Teh ama "'"' Duildlngs • Desert Recreation District
• Fair Oaks Recreation and Park Di strict
• Town of Paradise
DACTrak Accessibi l ity Management Software
The access ibi lity m a nage m e nt software is included at no cost to the City for the first year as the cost is paid by
th e CJPIA. If the City decides to continue with the use of the web-based management so ftware after the initial
year, th e cost is $2,000 and includ es unlimited sea t licenses. The us e of the DACTrak so ftware includes the
storage and maintenance of the City data . If the City de c ides not to continue to use the web-based DACTrak
Accessibility Management System to m ai nta in, upd ate and document compliance of the ADA plan, the data
can be transferred to an Excel sp read sheet or an alternate format. DAChas found that usab le and easy to
manage software (in stead of Excel spreadsheets) is impe rative to m ai ntaining and updating th e ADA plan.
Categories can be customized and findings organized as demonstrated in the screen shots of th e DACTrak
so ftware included in the supplemental materials Appendix.
PROJECT TEAM STAFFING AND RESUMES
Di sabi l ity Access Cons ultants (DAC) has a dedicated te am of twenty professionals with backgrounds in
administrative le adership roles w ith publi c entities, construction and co de enforcement. DAC is an equ a l
opportunity employer and our team composition includes minority and ve teran representation. The team has
worked together on numerou s ADA compliance projects with City governments and public entities. DAC works
with several large JPA's and insurance pools to as sist public entities with ADA compliance.
1
City Contacts
City of Temple
'--City
I
Barbara Thorpe
Project
'--Manager
I I
I I I
1 1 1
Michael Boga Jennie Grover Sri kant Talasila CASp-152, ICC
Director of IT Facility Te am Leader I Director of
'-'--Quality Control '-Operations
I
1
Candice Pursch
Field In spec t ion
Supervisor
'--Fi eld In spectors (4-6)
Disability Access Consultants Proposal t o the City of Temple City for ADA Consulting Services 6
DAC
The DAC team has a proven record to provid e on-s ite se r v ices in a co ll aborative and effic ient m an n er . DAChas
ex perien ce d t eam members who have worked w ith pub lic entities for successfu l and on t ime comp letion of
numerous projects. Necessary staff members have ICC, NPSI, an d CASp certification. A CASp certified Tea m
Leader will be invo lved w it h the project and field eva luations. The project t eam is o r ganize d to prov id e a
r epr ese ntation of sk ills needed to accomplis h the proj ect obj ec tives. In addi tion; t eams that h ave worked
t oget her previous ly w ill be ass igned to the City'of Temple City project.
Barbara Thorpe, M.Ed., LOT-DAC Project Manager
As DAC Project M ana ge r, Barbara will coord in at e activities an d sc hedules and report to the Ass istant to the
City Manager or designee. Barbara will serve in t he leade rship rol e regarding th e ADA Se lf-Eval uation of
programs, services, activ ities and events along with the review of policies and procedures. Barbara brings
twenty years of experience in public administration and providing services to i ndiv iduals with disabi li ties to
Di sa bility Access Consu ltants. As an administr ator in a public entity, Barbara provides unparalleled
und ersta nding of the app lication of th e Americans with Disabi lities Act and re lated legisla tion. In addition to
assist in g public entities with comp lia nce w ith the ADA, Barba ra has conducted compliance reviews for the
Department of t he Interior to aud it for comp li ance with th e ADA, Section 504 of the Rehabilitation Ac t and
r elated c ivil rights laws and r eg ulatio ns. Barbara has se rved as an expert witness for the Department of Justice,
Office of t he Attorney General. Additionally, Barbara is a licensed occupational th er apist . Barbara se rved on
th e Div isio n of St ate Ar ch itect Adviso ry Board and serve d as t he vice-c hair for the DSA Access Compliance
Comm ittee. Barba r a ha s worked on ove r 200 public e nt ity projects that are si m i lar to the Ci ty.
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 in spectio n team, Michael brings a u nique bl end of expe rience in the
building indust ry alon g with hi s unde rsta nding of indiv iduals with disabi lities t o t he access i bil ity t ea m . Michael
is a certified accessib ilit y specia li st through th e In ternational Conference of Bu ildi ng Officials (ICC), certified in
Access i b ility, Usa bility and Plan s exa mination and is Ca liforn ia certified CASp in specto r #152. Michael ha s
co mpleted th e updated DSA courses rega rdin g th e 2010 Ca lifornia Bui lding Code. M ichae l has provided
numerous st aff development sess ions to public entities regarding access ibili t y requirements. If requested,
Michae l would provide trai ning, assist w ith pla n reviews and revi ew new wo rk completed for compliance, as
request ed. Mike has worked o n over 260 proj ects t hat are si milar to t he City of Temple City.
Jason Katz, B.S. Urban Planning, B.A. Sustainability and Urban Dynamics -DAC Accessibility Sp ecialist
Jason brings to DAC a backg r ound in c ivil des ign w it h d eg rees in Urban Plann in g and Susta i nabilit y/Urban
Dynamics. Jaso n is also certifi ed i n Geog r aphic Informatio n Sc ience and Auto CAD . Prior to becom in g an
Accessibility Specialist with DAC, Jaso n h as wo rk ed on proj ects to compare and estimat e future urban ar ea
popul ation dens ity differences using ESR I ArcMap 10, a nd also worked w ith th e Ci t y of M esa, Arizona to hel p
estab lis h gree n building codes for City owned buildings .
Sri kant Talasila -Director, Information Technology
Srika nt brings many years of experience with information technology and m anagement in formation se rvices
from a large co rporation. He has th e ab ility to ca teg orize and organize large vol umes of information re gard in g
pu b li c and sc hool f ac ilities into a manageab le d ata ba se. He provid es training and co nsultation to our clients i n
t he u se of DACTrak. Sri kant would work directly with City ofT em pie City staff to train and assist w ith the data
entry and m ana ge m ent of d ata .
Jennie Grover -Director of Op erations
Je nni e draws on her expe ri en ce in technical writi ng to provide lea d ership and management ofthe production
a nd technica l writing team, o rga nizin g t he com pl etion of techn ical reports, as well as managing production
sc h edules, st aff an d tim elines.
Disabili ty Access Consultants Proposal to the City of Temple City for ADA Consulting Services 7
DAC
SUBCONSULTANTS
DAC does not use subcontractors or subconsultants, as DAC prefers team members that have direct
accountability and training by DAC to provide a seam less project delivery and interaction with City staff.
SCOPE OF WORK
Disability Access Consultants (DAC) understands that the City ofTemple City (City) is seek ing 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 wi ll assist the City in developing
a schedule for barrier removal over time in a cost effective and realistic manner, using programmatic solutions
where available.
In order to successfully complete the project activities in a timely manner, DAC wi ll work closely and
co llab oratively with the City of Temple City without imposing unnecessary interruptions or burdens to City
staff. During the past 20 years, Barbara Thorpe and her team have developed ongoing working relationships
with City and County governments and have worked diligently to have clear lin es of communication.
DAC has the extensive knowledge and experience with all Federal and State regulations during the past 20
years in business, that includ es, 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 Federa l and State Sta nd ards 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, DAChas found through its experience of working
with City and Co un ty Governments and Joint Power Authorities, such as the California Joint Powers Insurance
Authority, of which the City of Temple City is a member, that certain other items enh ance the level of success
and implementation of ADA Transition Plans and Self-Evaluations by public entities.
Th e California JPIA (OPIA) offers a discounted price to its members that h as been negotiated with DAC. The
OPIA is also assisting members, such as the City, with costs for selected services for ADA compliance.
Th e use of DACTrak by City staff to co nduct surveys at facilities, process reports and manage the information
to implement and document the plan may assist the City to more efficiently and effectively ac hieve the City's
project objectives and wi ll provide longevity to the plan.
As an add itiona l value at no cost, DAC provides at le ast one photograph of each noncompliant accessib le 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, DAChas 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 eas il y 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
• Add itional photographs can be viewed of the noncompliant item by one click
• DACTrak provides a method to schedu le and track the barrier removal
• Documentation of progress and compliance using the progress reporting feature of DACTrak
• Priorities can be establi shed and further refined using DACTrak
Disability Access Consultants Proposal to the City of Temple City for ADA Consulting Services 8
DAC
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, al l 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 includ e:
., ~"'~
' """"''""" M ~ I ~ I ~1 9 tnformatJon
Long: 'o.oooxo ht:roJXIO()(I1 Alt :'o.oooooo'r..s I I c.~'" I ! I I I I I E]lf.!l ~ ~«e typo: jstand.wd B Spoceou~«*w:!Y~Uteo.rth
0 0 Gpace oulh k faded.~or~Ulg
Wktlh:pro:J lt'f19lh:~ Qope:~ V«tkaf cle.w..:e: io'Aii J
Note s 0 r<Mtttawt tM......, oUwr Jpatet [)On au o u tie route D ~t01 k present
(!;! (]SV'Iot!)O ccnt.._\S the word hanrltap 0 Parted wNdamay muvachlnto path of tr.wef
Pkhnt' I r .... h ............ ·-·· .......... ,..,..,.... ....... .,
c.ntwod•.t ....... wfthUooondol .. «o !J <oot•••thgf~-•<riOKo O hl..,;,.,~-J
L~K~gth:P".oo~ Wkhh:~.OO J Symbulcob:jWhlt e onotJo R
r{lJII<u «ceuUe~
59<,,..,., w .. ,_,,,.. E) I:J tut h .. d I:Jt"' hton .. tlonohyn""' of ou onUty I
'""'""~ ''"":;~ O ""'k'"""'"'""'...... 011•••..,·•••.,..,..,
691 distance 'rom ~e: 'o".oo te..;t~t fn::m VG~.rod: 'O.oo J 0 6I!J1 at u.•nter of r.p.xe • Software to update and manage your
Rttt.slll(t:enllleahle EJ L SWfS "nopatth;t Oflpctvemftllt'wt .. te ~h on wt.kh $1deof sJ)oke:!P .. uset1!)ef6bt ... leUerhal!11t:;o.oo -~ _j
Width:~ length:~) 5klpe: f~ Uas "no parUlg"s91
Transition Plan
• The ability to document progress and
barrier removal rll•ac:un Gklo outlned.,bUe O A«e,salslehfadc!dorc&am.lged
• The abi lity 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
@<>~Lot [)t he chlo h&\conttM tklg hatchl!d lnos up to l6•oncft'lll'f'
F::.,::~ ~~r l of 1•
CUTent l oc:aUon: [xterior
59'1 typo: jw.ll MOIA'It ed
I t~tfrorn~:§_J
~~~
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 b ased on an actual measurement. For ex ample, 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 1: 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 Temple City staff to
establish roles and lines of communication, refine project goals, review the overall project s chedule,
schedule surveys of City of Temple City facilities and identify key City of Temple City personnel related to
the project scope . Initial self-evaluation activities will be completed during this step.
b) The initial orientation meeting should include an as sessment 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 a lso
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 Tit le 24 of the California
Building Code and the ADA Standards (previously referred to as ADAAG).
Disability Access Consultants Proposal to the City of Temple City for ADA Consulting Services 9
B
DAC
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. DAChas found that the
use of automated equipment for running slopes on sidewalks, such as ultra-light profilers, do not provide
an actual measurement, but only provide a chart showing ranges. In some cases, if a change in level is
greater than Y, 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 oft he 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.
I) The survey data will be compiled into a Transition Plan which will identify actual as-is conditions and
prioritize current barriers, provide a schedule for barrier removal, as well as establish procedures for
addressing future accessibility issues. The Transition Plan data is able to be exported to Excel or PDF
formats. The Transition Plan data will include photographs, findings, recommendations, code references,
estimated costs, priority settings (in addition to prioritized report) in accessibility software for accessibility
management. Photographs and GIS coordinates are valuable for the development of the transition plan.
m) DAC will assist the City to solicit input from members of the community and persons with disabilities.
Methods will be utilized to solicit public input may include notices, information on the website and surveys.
n) The Transition Plan data will be provided using DACTrak which has management, monitoring, and web-
based tracking tools that allow staff to manage current and future accessibility issues, update the
deficiency status, and generate reports to show progress in meeting the Transition Plan requirements.
Disability Access Consultants Proposal to the City of Temple City for ADA Consulting Services 10
DAC
Phase II: Implementation Phase-Transition Plan Development
a) DAC wi ll develop, in collaboration with the City a comp r ehe nsive ADA Self-Evaluation and Transition plan
for facilities, buildings and t ennis court.
b) DAC will develop a first d raft of the ADA Transition Plan with recommended priority levels .
c) DAC wi ll meet with the City to review the draft document and in corpora t e any comme nts, cha nges or
f eedback .
d) DAC will assist the City to conduct public outreach activities that may include website an nouncements,
postings, su rveys, announcements, individual meetings and other activities as requested.
e ) DAC will prepare and produce a second draft if necessary with a detail ed description of the barrier and the
proposed method for barrier remova l.
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 Pl an.
g) DAC w ill provide an executive summary of the project.
h) DAC does not recommend that the plan be adopt ed by the City, as adoption is not required and may cause
additio nal discussion regarding projected dates in th e 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 managem ent sys t em at
project completion. DACTr ak allows use rs to review and update progress in barrier removal, and to
ge nerate man y different styles of reports to document progress. DA CTrak contains one or more integrated
photographs that are attached to the finding, eliminating the need to r eference another area o r repo rt
supp lement. DACTrak is an actua I accessibility management software, not just electro n ic database of items
contain ed in the Facility Survey Report. DAC ha s found that an el ectro nic database or Excel f ormat does
not provide the City with a tool co ntaining integ rat ed photographs needed to impleme nt the plan, set
priorities, make notes and print custom r eports. If the City does not want to use the software , the data
can be placed in an Excel spreadsheet.
• DAC will lic ense DACTrak to the City to manage a ll of the field data collected, print custom reports,
document progress, estimate costs and W••<· .. ·~··• .... , .... _ .. ,~ ....... , .... .
perform other management functions; IWT ... k •11 1 ii 1*
• Data collected wil l be the property of the .... , ........... ".c... •···•· •, • • •• ••···• .,,.
Ci t y should the City decide for any rea son :::::::~;;:;::.~:-;:~::L··········s··~
not to continue to use the DACTrak LO"A """'''•s•·~ P a r1lln9 S p a ce Width
accessibility intake and management !:::L;.~~":~!·~.·~c:•do••-mu ttM mlftomum
Of\~~ ,.~,.,_IIIII 91.00 5ftdw,1
softwa r e syste m ; ::.~~~;:-~~·:~::. ................ .
lt.lc.<nmt l>41 111 Al le-..t t OI.OO indas t
• The Califo rni a JPIA, of which th e City is a ~=-~:::".<:.'::.~~::;;;~-:.. ............ .
member, has an agreement wit h DAC to ~~~·::fL
pay for the use of DACTrak;
• DACTrak will include and provide
correlation with field data co llected, '"•...,
reports, transit ion plans, drawings, code ""''''"
r efe r ences, estimated co sts and
photographs for each noncompliant
accessibil ity item or e lement;
!u otSI I tUd l•l
I • "'o t·l
.-' I ~ ,_ --
-I ' I -----
~-::... __;-._ -·;..;...
411V2012 Cil r-::=J Cl
:]
• Reference maps for GIS information will be provided in addition to a linked mapping system for each
item;
• DAC Trak provides a description, loca tion and record number for each ba r rier that allows the user t o
access the info rmation a nd lo cat ion
j) DAC will provide City staff with training regarding ADA Compliance f rom both a programmatic and
adm ini strative point of v iew and also for facility management an d maintenance.
Disability Access Con sultants Propo sal to th e City of Temple City for ADA Con sulting Services 11
DAC
COST PROPOSAL
1. Tota l Cost for the City of Temple City survey of facilities and parks is: $28,800
1. Civic Center 8. Performing Arts Pavilion
2. City Hall 9. Offices -9050 La s Tunas
3. Recreation Center 10. Habitat ional Dwelling
4. Multipurpose Crafts Building 11. Primrose-Rental Property
5. Emergency Operations Center 12. Live Oak Park
6. Maintenance Building 13. Temple City Park
7. Offices-9167 LaRosa
2. Total es tim ate d cost for th e inspection of Public Rights-of -Way: $ 56,000
• City has indicated it has 112 linear sidewalk miles. DAC will survey an estimated 112 linear
miles of City sidewalks, curb ramps , APS intersections and bu s sto ps at a total cost of $56,000
us ing the rate of $500 per linear mile of sidewalk.
o Note : CJPIA is providing AL-2 assistance funding of $16,500 toward the survey of
the facilities, parks and Public Rights-of-Way. Net cost to the City will be $68,300
• Example: $28,000 + $56,000 = $84,800
$84,800-$16,500 (AL-2 Assistance)= $68,300
3. Review of policies, procedures and programs cost: $5,000
Re v iew of policie s, 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.
Cost Summary
1. Total Cost for the City of Temple City in spection/surveys of facilities (AL -2):
Total Estimated Cost for Public Rights-of-Way inspections (AL-2 ):
a. Less CJPIA AL-2 Assistance Funding
b. Total AL-2 Cost to City of Temple City
2. Total Cost for Se lf-Eva lu ation (AL-3 ):
a. Revi ew of Programs, Polici es, Procedures and Public Input Process
b. Le ss CJPIA AL -3 Assistance Funding:
c. Total AL-3 Cost to City of Temple City
3. DACTrak Licensing is paid for by the CJPIA in year one.
a. Year 2 and beyond DACTrak licensing is $2,000/year.
Total Cost to City of Temple City for AL-2 and AL-3:
Total Assistance Provided by CJPIA:
Disability Access Consultants Proposal t o the City of Temple City for ADA Co n sulting Services
$28,800
$56,000
($16,500)
$68,300
$5,000
($5,000)
$0.00
$68,300
$21,500
1 2
DAC
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 10 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
DAC Team Meeting with City of Temple City kick-off meeting;
survey methodologies, deliverables and schedule confirmation
Project planning, scheduling, procedures review
Field inspection data compiled (compiled on a daily basis and
available for review th the insn.,,-nrm
Public input and community outreach
Draft Self-Evaluation of services, policies, programs and practices
First Draft Presentation to selected City staff (recommended that
the review occur at several milestones, not o at the conclusion
Final Draft
Deliverables completed and provided to City
Consultant Responsibilities
DAC will arrange all project management activities for an efficient process to develop the ADA Transition plan
and provide the City with an anticipated project schedule prior to commencement of work.
DAC will perform all work in conformance with current City policies and procedures and carry out the
instructions received from the City, in cooperation with other City approved and involved agencies.
Additional Information
Conflict of Interest Statement
DAC does not have any financial, business or other relationship with the City that may have an impact upon
the outcome of this contract and does not have any current clients that may have a financial interest in the
outcome of this contract. Disability Access Consultants has no conflict of interest with the City of Temple City,
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.
Disability Access Consultants Proposal to the City of Temple City for ADA Consulting Services 13
DAC
Insurance Coverage and Stability
Disability Access Consultants carries all the necessary insurance coverage, such as general liability, automobile
li ability, worker's compensa tion and employer's li ab ility, and professional errors and omiss ions malpractice
liability insurance. DAChas a no claim s record on all policies for our entire 20 years in business and does not
have any pending, previous or cu rrent litigation.
DAC has the financial, operational and staff stabi lity to complete a quality and comprehensive project on
time. DAChas no adverse condition s.
Minority Utilization and Affirmative Action
DAC is an equal opportunity employer and has recruited minorities and veterans. DAC's qu ality control team
leader is a Vietnam veteran with a disability.
Background Checks and Fingerprinting
All employees of Disability Access Con sultants have been fingerprinted and have background checks. DAChas
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 Correctiona l In stitutions that require
background checks. DAC has found that background checks are important especia lly in situations where
inspection staff may be working near chi ldren, and are required in certain situations.
Disability Access Consultants Proposal t o the City of Temple City for ADA Cons ulting Services 14
DAC
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 examp les of the DACTrak Management software prepared for several public
entity clients.
Reports Tools
Project s: I Buildings
I t
Project I nfor ma tion
Address : 78-4 95 Calle Tampico La Quinta, CA 92253
Start Date :7/6/2011
Boys & Gir ls Club
City Of La Q uinta Spo rts Complex
Ci vi c Center
Fi r e Station #70
Fi re Statio n #93
La Quint a Libr ary
La Quinta Museum
l a Quinta Senior Cen te r
La Qu inta YM CA Daycar e
New Fire St atio n (Fire Station #32)
Police Su bstatio n
Public Works & Main te na nce
Silver Ro ck Temporary Clu l!house
Silve rrock Mainte nan ce Build ing
Facility list
49995 Park Avenue
La Quinta, CA 92253
Sports Complex
La Quinta , CA 92253
78-495 Calle Tampico
La Quinta, CA 92253
54001 ~1a d l son Street
La Quinta, CA 92253
44555 Adams Street
La Quinta, CA 92253
78-275 Ca lle Ta mpi co
La Quinta, CA 92253
77-885 Avenida Montezuma
La Quinta, CA 92253
78 -45 0 Avenida La Fo nda
La Qui nta , CA 92253
49-955 Avenue 50
La Qui nta, CA 92253
7811 1 Avenue 52
La Quinta, CA 92253
51351 Avenida Bennidas
La Quinta, CA 92253
78109 Avenue 52
La Quinta, CA 92253
79-179 Ahmanson Lane
La Quinta, CA 92253
79-600 54 Avenue
La uinta CA 92253
Fair Oaks Recreation and Parks District
Pr oject Information
Add ress : 4 15 0 Temescal Street Fa i r Oaks, CA 95628
Start Dat e : 4/8/2011
Facility List
Arts &. Crafts Building
Bannister Park
Community Clubhou se
District Office
Fai r Oaks Park
Fa ir Oak s Preschool
Li ttle Pho enix Park
McMillan Ce nter
Miller Park
7997 california Avenue
Fa ir Oaks, CA 95628
3820 Banni ste r Road
Fa ir Oa ks, CA 95628
7997 California Aven ue
Fa ir Oaks, CA 95628
4150 Temesca i Stree t
Fa ir Oaks , CA 9562 8
11549 Fair Oaks Bou levard
Fair Oaks, CA 95628
8090 Grand Aven ue
Fair Oaks, CA 95628
904 1 Phoenix Ave nue
Fair Oaks, CA 95628
8020 Temple Park Roa d
Fa ir Oaks, CA 95 628
8480 Sun set AVenue
i::::tlr ().::~Vc rA OE;"-")A.
1·1
Disability Access Consultants Proposal to the City of Temple City for ADA Consulting Services
Upon logging in to
the secure DACTrak
website, you are ab le
to choose the facility
you would like to
view and manage.
These two screen
shots are examples of
facility li sts for two
recent public entity
transition plan
projects.
15
Clients:
Fac iliti es:
Cat egooles:
Key W 01d:
So ot By:
Prog1ess :
/tl l'l'> t a il e r 'mplro
I .1 Qo u n l o~ CA, 'I]]~J
j et~ of La gulntn 1·1
I La gulnta Senior Cen ter 1·1
!Ail Categori es 1·1
l OtdliOrt -' Lnllly
Pro jects:
Locations;
Prloolly:
Resolution:
[j!] 1 'A" I K,'\
ril Incl ude Costing 1nfounatlon In this Rep01 t CJ t£::!1 ~
~~~-··-·' ____ d_l~~~~~~'"-"--------------------
A ccessibility Su r vey
Wrlromf", J9 rovrr I 'up port I '-lgn (l UI I tt rlp
1·1
I Buildings 1·1
I All Locatlonsl·l
r:J .
Generate Repo1t
Disability Access Consultants Proposal to the City of Temple City for ADA Consulting Services
DAC
After choosing a
faci l ity, you are
ab le 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 exam pl e ofthe
home page for a
Bas ic Photo
Report . The sort
an d filter panel
all ows users to
qu ickly run r eports
that generate
findings for
specified lo ca tions
or categories, or by
progre ss, priority
or r eso lution
status.
16
I a Quinla Lihra ry
Doors -Chamber Of Commerce : Door , H ardware
Door B e tween LI LH-a t-y & Ch a miJe r Of comme r ce
Pus h U ar I Leve r
finrling
The cl oor o pc 11ln tJ ro rrc ro r this d oor I s g r c..et ~r
tha n ill lo w ccl .
On -51 t e Finding
Jl ccoanrn cndntion
10.00 pounds
Adjust the clo se • o n the d oo1 t o m ee t the door
CJflC II IIIg ro r CC f c qull CIOl"111l S.
Re co mmc ncla llo n Up to 5.00 pounds
Cos ting Info (Estimate d)
Adju st d oor closer p r essure. $2 5
Cod e Jlc f crcn c c CA 11 33 B.2.5 , A DA 404 .2.9
Pronress
n ecord Numbe r ~3596
Progress N o t _ Started JlcsoJutio r'
Projecl e d Or.te 0 6/30/2013 1\c lt"'l Dille
1\c tual Cost $0 .00 Priority
Contrac tor
Con,lue nls No Com•nc nt s
La Quinta Museum
Doors -Museum 1st Floor Door , Hardware
Archives 102
l ever
Finding
Th e door opening force for this door i s greater
than allowed .
On-Site Findi ng
Recommendation
8.00 pounds
Adjust the cl oser on the door t o meet the doo r
openi ng force requirements.
Recommendation Up t o 5.00 pounds
costing Info (Estimated)
Adjust door closer pressure. $25
Code Reference CA 1133B.2.5, AD A 404.2.9
ProQress
Record Number 43936
Progress Not_Sto1ted Resolution
Projected Date Actual Date
Actual Cost $0.00 Priority
Contractor
comments No Comments
None
Two
None
Two
Disability Access Consultants Proposal to the City of Temple City for ADA Consulting Services
DAC
These two sc r eens hots
are examples of a
finding page in a Basic
Photo Report. Thi s
type of report s hows
the user the finding,
with accompanying
recommendation to
correct the non-
comp liant item, th e
assoc iated photo, code
reference(s), est imated
cost to remove the
barrier, and any
progres s that has been
added to update the
transition plan.
1 7
Fair Oaks Park
Pa th o f Travel -Exteri or : Path Of Tr avel, _W a lkin g s u rfaces
Path Of Tr avel At The Ba s ketball Co urt
Exte ri or Wa lkway
Walki ng surface Slope
Find ing
Th er e are slopes great er t h an allowed max imum slope on th e prima ry
p ath of travel.
On -Site Finding 14 .70 per cent
Re comme nda tion
Provid e compli ant sid ewalk.
Reco mmended Up to 5.0 0 p ercent
Cos ti ng Info r mation (Estima t e d)
Install co mp liant p ath way.
Record Number: 988033
$1 ,840
P _.t h o rTr.a ve l , \!l .aUdn9 Su•f•cts 1 Vhlkl ng
Sutf.-ct Slop•
ADA 4 3.7, CA 1 1338.7 .3
Path o f Trave l -Exterior : P ath O f Trave l , Wa lkin g S urfaces
Path Of Trave l At Th e Entrance To The Hortic ultur a l Center
Exterior W a lkway
Wal king Su rface Slop e
Fi nding
Th ere ar e slo p es gr eat er t han all owed maximum slop e on t he primary
pat h of tr ave l.
On -S ite Fi ndin g 6 .40 perce nt
Re comm e nd ation
Pro vide com pliant sidewalk.
Recomm end ed Up to 5 .00 p erce nt
Costi ng Informa tion (Es timated )
I nstall co mpl iant p at hway.
Re cord Number: 98787 3
$1,840
P.ath Of Tnvtl. '"'•lklng Surh cu 1 W.alk lng
Surf•u Slope
ADA 4,3.7, CA 11 339.7 .3
Disability Access Consulta nts Proposal to th e City of Tem ple City for ADA Consulting Services
DAC
Thi s sc r ee ns hot is
an ex ample of a
find in g page in a
Du a l Ph oto Repo rt.
This t y pe of r e po rt
shows t h e use r t wo
findings per page ,
w ith acco mpany in g
r eco mm e nd ations
t o co rrec t th e no n-
co mpliant item, the
associa t ed ph ot o,
co d e refe r e nce (s),
a nd es timated cos t
t o r emove the
barrier.
18
Th e Dual Photo and Basic Photo Reports may be exported t o an Exce l wor kbook f o r easy mana gem ent ofthe
t r ansition p lan d at a. The Exce l work book exports into a pre-formatted t able wit h the f ilt e r fu nct ion atop each
data col umn . The report is a fully functi on ing Excel s prea dsheet that ma y b e sorted, filtered and manipulated
by the use r. The column for Pi cture identif ication number s includes cells th at ar e live li nk s to the secon d tab
of the wo rkbook which contains report ph otos. Cl ick ing the cell for a particula r r ep ort findi ng wi ll bring up the
associa t e d picture on the Photos t a b.
Ill
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l l•~:t.~UkMJ J ~ot @
Disability Access Con sultants Propo sal to th e Ci ty of Temple City fo r ADA Con sulting Services 1 9
l.)u '' ., Mu eun t
·• Q <*lt.t <;t rolor Cc n u·r
"c...•• .•.• YN I '(1. tr-r.
• ubstll o.
W orks a M a mte n a n ce
!{ode I Cutpornry Ju h f oOII M"
' ·rr•w k Mctir lh'n n u • Ouih t 1 1
Rep orl~ Tool ..
Please select the client , rroj ec t, f.a..:ltlt y, l ocation ~ C3teoory t o generate li st of lntl~kes t•) m~nage on .
Clients: I Fair Oaks Recreation and Parks District
Facilities: I Fair Oaks Park 1·1
!·I Pr oj ec t s: I Fair Oaks Recreat ion an d Parks Di stric t l ·l
Loc ations: I All Loca t ions 1·1
Categories: I A ll Categories 1·1 Generate List
Name Deficiency Type Location
ccessible Pa rking
Community Ga rde n Parking Lot
Contin uing Path Of Trave l From The Softball Fields To The S ka te Park
o r ea
Directional Signag e From The Public Right Of W a y
D irectional Signag e To All Common Areas
Drinking Fountain At The Hortic ultural Ce n e r
Drinking Founta in N e ar The BBQ Area
Drinking Fountain Ne ar The R estroo m s
Drinking F o un ta in Nea r The Sk ate Park
Drinking Fountain Near The Softball Fi e ld Co ncession Stands
Ga t es To The Community Garde n
Ho rticultural Ce nte r
L eft Curb Ramp From The Accessibl e Sp aces N ear T h e Skat e Pa rk
M e ns S. Wom e ns Restrooms
M e ns Restroom
M e n s Res troom
Elem ent
Element
Ele m ent
Element
Elem e n t
Elem ent
El em ent
El em ent
El emen t
El em ent
El emen t
El em en t
El emen t
El ement
El ement
El em en t
El em ent
El em ent
Disability Access Consultants Proposal to the Ci ty of Temple City for ADA Consulting Services
Ext er io r
Ex t er ior
Ext er io r
Ext erior
Ex t erior
Ext erior
Ext enor
Ext er ior
Ext erior
Ext erior
Ext erior
Exte ri or
Exte r io r
Exterior
Exteri or
Restr ooms
Restrooms
Re str oom s
DAC
Users ca n update
progress using the
Tool s drop down
m enu.
Reco rd Manager
al lows each record
to be updated
individually.
Global Pro gress
Editor allows many
records to be
updated at once
with ident ica l
information .
Pr io rity Manager
allows many
record s to be
u pd ated at once
w ith unique
inform ation .
Re co rd Man age r
allows the us er
to choose which
re co rd to update
i nd ividually.
20
Roports Tool\
I 2 of2
Fadlity: Fair Oal:s Park
Curb Ramps · EKterior 1 Cu rb Ramp
Curb Ramp From Th e Accessible Space Ncar The Play Area
No Detectable Warning s
Fin ding
The curb ramp don not provide • de tectable waming surface whic h
lncludeJ t runcated domes.
On Sit e Find1ng: tlot Found
Recomm e ndation
Ptovide cornpliar~t det ect able warnings to surf<t ce.
Rlicommended:
Cos ting lnfo nnatio n
Provide dete ctable wa mi~ t o surface . $1H.OO
Citations
CA 11276.S.O
ADA 4.7.7
Priori ty
Progras
Resoluf
Set Above
Projec te d Oate of Compl etion
Ac t ual oate of Comple tion
Ac tual Cost
Drinking Founta in s-Ex te rior : Dr inking Fountains
Drin king Fountain Near The S kate Pa r k
Cle a r Floor Space S lope
Fi ndin g
The Cleor Floor Spoce Slope Is not correll ant.
On Sit e Flndln<;~: 8.40 percent
Re com mend a tion
Provi de corrcllont Cle&r Floor Sp oce ot t he drlnldn<;~ fountoln.
Recommended: Up to 2.00 percent
Co sting Information
(None) $0.00
Cita tions
ADA 4 .15.5
Drink ing fouotltln not oper.,tlooal at time or Inspection.
Pr iority
Prooress
Resolution
Ne w Corrment
I Comoleted l • I
I Cooect ed I • I
Proj ected Date o r Completion
Actual Date or Compl etion
Act ual Cost
liS l ope corr eolcd and ve rif i ed lobe COfllll i anl by inspector 1136 .
g r a ss area. near foun ta in.L
I Update J Cance l j
6/1/2011 11!!!1
7/8/20 11 11!!!1
565.33
Re pai r : l
Disability Access Cons ul tants Propo sal to th e City of Temple Cit y for ADA Consu lting Se rvices
DAC
On ce a record is
c hose n in Record
Ma na ger, the use r
ca n set the pri o rity,
select th e status of
pro gress, a dd
project e d a nd actu a l
da t es of comp le ti o n
a nd a lso docume nt
a ny no t es rega rdin g
the record.
Th is scree n s hot
re present s a n exa mpl e
o f a reco rd w ith
prog ress, upd a t es a nd
comme nts a dd e d .
21
Report~ • Tools
Categorl Generate List
. Ac t ual
Location Element Description Finding Progress Co,:;~:.~~~ate Con;:',
1
1:etion
E:xterlo r Jln sSI.!nQer L.ondlng lone l h ~re Is less tl1 a n lhe minimum r eq u i red
A t lhe ttortlc u lbual Ce n!Y-r le ngth In the iJccess i11 SIP at th~ pas-re nger
loadi ng zon e ,
Pa s9e11g e r l oading Zor1e Tile s lope of ti1P ct sphnlt s t llfiiCP fn1 U re
At The Horticultural cent er access a isle nt the passe nger loa ding zon e Is
g reater U1a11 2%.
Pd ssenger l ood ing 7onP lherP Is no f'ig nctg e d ffilgn dtu·rg ncces!t l b ill ty
At The llorllcullurttl C.t!rr l e r J>06tr~ al Urc j.>CtSscu g er loading l On e.
0 ExtEr1 or PcJ ssenger lot1dlng Zone Th ere n re no de tect£Jb le w arning d e vi ces
At Th e Ho ltlcult urai Cen ter provided at t he passe nger loa ding zon e.
...J txter1or PnsSPnger Load ing Lone t h ere Is no slg nage d eslgnat:Jng accessibility
t~e.-11 The l~troo ms posted at the passenger loading zone.
[J [xl c r1 0J Passenger Loa ding Zone Th e slo pe of t he aspha lt surface ror t h e
Nenr The Rest10o m s Hccess a isle ill lhe J:mssen g e r loading zone Is
greater U1an 2°/o .
..J f xll'flo r Pdsserrge r l 0c1 dlng 7om~ The n • df(' r.url)5 IX'hVPell tlrf:' itCCP:'>s dl5le ;.md
NtM r TIIP Relroorn s the vph ltle )1111-11 1 s Mce.
Pr oj eci.J:!d Dill~:
Ac tual Oil re :
~ l C leerJ El..:t daf!ll:ienc••s fwn• tt•• ~st ,;,bov•, Mld •nte1 new v•I·.Jtts UP!ow. Jld [ C lear J o e-1•.se • v.alue , luve tht fi41d b'•r·• and l)ren Clf .v,
P•1or1ty : 1"',.,=•....._·..____,....,
Progr ess : Uot st~r1 1 d
Resolution : I· l Set J
Rcporb Too~
~Clients :
Fo<illlles :
C3t eQorles:
Proj ects:
Localloos:
I Build ings 1·1 j
I A II Locat lon sl ·l
Generate LJ st
I City or La Quinta 1·1
I Sllverrock Maintena nce Building 1·1
I sinks 1·1
On 11 fOJt•th'rl Arhhtl
• lociltion 0;.~~':;~1~~11 J ind1ng ~~~~~ Prionly Proorc!'t5 Rt•solutJon Completion Completion lt(''l'~~~~~hil•l V Conlrnctor
Finduu Odtc Odic
, l n l E't lrn fl.tlll l f"ll olm t•SuU. ttJ t111 l f~r )5 1.7 l r~one i •I!Hono !•!l r;one ! •I
H.w l •~>ru ht r. tfl(lt =:.:::...----''-'==----'--'
not
l(CIIJ IIfcUI I
1 J rnter iOf Ma intena nce The h eig ht 5 5.7 5
t:\.i1y ol th ~ l nc-hr~.
controls ond
OP<'M IIr)!f
mechanisms
fOf Ull'
d rsppnsc, Is
no t at th~
(Ofl ('rl
height
INone i9 JI Hone l·lll<ono 1•1
u lntenor Malntena nc~ lhe h4!lght 49 50 h•one 1·11 Hone I ~ llt~one 1·1 ~~~~ n f lh lrut =::.:....--''-'="'---.!....J
<Oflhul!-. i'lnd
(lp('f llh~l
"' '' .m l .n1 ror U r ~
d • 1"'11 1.
not ot t h
(I j t '(f
h ,., h t
::1 :!1
~
~ ~
Disabi lity A ccess Cons ultants Proposal t o the City of Temple Ci t y f or ADA Consulting Services
DAC
Thi s is a n exa mpl e of
Gl ob al Pr og ress Edito r,
w here th e use r m ay
se lect many reco rd s to
upd ate at one time. In
this exa mple, th e
ca t ego ry has bee n
filt er ed t o Pa sse nge r
Loa ding Zo ne s usi ng the
Ca t ego ri es drop d own
menu .
Thi s is an ex ampl e of
Priority M a nage r, w h er e
th e use r m ay se lec t
m any rec o rds to updat e
w ith unique info rmation
from one scr ee n. Th e
use r m ay se lect
prog ress inform ation
f rom th e drop down
m enu s and e nte r d at es
for eac h lin e ite m. All
inform ation is upd at ed
w ith o ne click o f the
Submit butto n. In this
exa mple, the ca t ego ry
ha s b ee n fi lt ered to
Sinks usi ng the
Ca t ego ri es drop dow n
menu .
22
DAC
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 s hows a map of the area where the survey
was performed, a nd pinpoints th e loc ation ofthe finding . Clicking on the pinpoint brings up a scree n showing
the finding, recommendation to bring the item into compliance, a photo ofthe finding a nd the associated
code references.
tlap Legend:
li1 Dus Slop ~ Curbrimp G1 Orlnldng Fountaln <!) E)lhlblt a flstl !ng Pier :i: Intersection (;! Parldfl9
• Play Area ® Pole Stop D Path of Travel ®Sidewalk 0 Trail m ViewlllQ Aru
Disability Access Consultants Proposal to the City of Temple City for ADA Consulting Services 23
ATTACHMENT C
California JPIA
ADA As si sta nc e Program Gu i delin es
Overview
The purpo se of the California JPIA's Americans with Disabilities Act (ADA) Ass istance Program i s
to provide t echnical and financial re sources in order to help members achieve compliance with
federal ADA and state laws . Recognizing the importance of ADA compliance, the Authority's
Exec utive Committee h as approved a level of funding across three broad areas. First, an ADA
consu lting f i rm will work with members in assessing compliance; evaluating physical structures,
progra ms, and serv ices; and developing transition plans. Second, memb e rs will be p rovid ed
ADA compliance tracking software. Thi r d, t he Authority will make financing available in order to
assist in funding necessary ADA cap ital improveme nts for purposes of b arrie r remova l.
Th e ass istance program is expe cte d to b e carried out for a perio d of five years, with roughly
20% of the membership receiving assistance in each of the prog ram years. Since some
members have alrea dy be g un addre ssing ADA compliance independent from the Authority's
progra m, partial or complete reimbursem ent m ay be ava ilable if the work comports with the
progra m conditions d esc ribed b elow.
Agreement for Professional Services
For ADA consulting se rvic es described below, the Authority has entered into an agreement with
Disability Access Consultants {DAC). The agreement deta i ls terms and condition s f or the
provision of p r ofe ss ional services, th e scop e o f ADA consulting serv ice s bei ng provided, and the
costs for t hese services. Th e ADA consultant m ay incur rea sonabl e actual expenses, inc l uding
m il eage, lodgin g, meals, and tran sportation co sts ass ociated with providing ADA consulting
services . Authorization for any and all se rvic es to members will be acc ording to the terms and
conditions d escr ibed there i n. A copy of th e agreement is maintain ed at the Authority's offices.
Level and Types of Assistance
Th e fo llowing de scribes the differ e nt type s of assistance b eing provided to members.
Assistance Level 1: M ember Assessment and Ov er all Diagnostic Profile
The ADA consultant will perform an assess m ent to determine the cu rrent level of ADA
compli ance and plan a course of action to e nh an ce compliance. If, after rev i ew, it is
determined tha t the memb er needs to comp l et e or revise any of the re quire d compliance
components, the ADA con su lta nt will provide a recommended compliance plan th at may
i ncl ud e other assistance -leve l options . Following is a list of items determined during an
assessment.
• An ADA coordinator ha s been de sign ate d, notice d, and po ste d .
Rev. April 201 7 Page 1
" E a c h s i t e h a s a c u r r e n t t r a n s i t i o n / b a r r i e r r e m o v a l p l a n t h a t m e e t s t h e r e q u i r e m e n t s
u n d e r T i t l e I I o f t h e A D A .
" A s e l f - e v a l u a t i o n o f p r o g r a m s , s e r v i c e s , a c t i v i t i e s , p o l i c i e s , p r o c e d u r e s , a n d p r a c t i c e s
h a s b e e n c o m p l e t e d .
" T h e m e m b e r h a s u p d a t e d i t s c u r r e n t t r a n s i t i o n / b a r r i e r r e m o v a l p l a n , i f a p p l i c a b l e .
" C u r r e n t A D A t r a n s i t i o n / b a r r i e r r e m o v a l p l a n s i n c l u d e a l l s i t e s , s u c h a s n e w s i t e s a d d e d
s i n c e t h e c o m p l e t i o n o f t h e p r e v i o u s p l a n .
" S p a c e l e a s e d " f r o m " o t h e r s f o r u s e b y t h e m e m b e r a r e i d e n t i f i e d .
" L e a s e d s i t e s a n d p r o g r a m l o c a t i o n s a r e i d e n t i f i e d .
" S p a c e l e a s e d " t o " o t h e r s b y t h e m e m b e r i s i d e n t i f i e d .
" A n y c u r r e n t A D A - r e l a t e d c o n c e r n s o r i s s u e s a r e i d e n t i f i e d , i n c l u d i n g a n y p e n d i n g o r
a c t u a l l i t i g a t i o n .
" T h e m e m b e r m a y n e e d q u e s t i o n s a n s w e r e d r e g a r d i n g t h e A D A , T i t l e 2 4 o f t h e
C a l i f o r n i a B u i l d i n g C o d e ( C B C ) o r r e l a t e d a c c e s s i b i l i t y s t a n d a r d s .
" S t a f f d e v e l o p m e n t a c t i v i t i e s h a v e b e e n p r o v i d e d o r a r e r e q u e s t e d .
" M e t h o d s a n d p r i o r i t i e s a r e r e c o m m e n d e d t o m e m b e r s f o r a c h i e v i n g A D A c o m p l i a n c e .
A s s e s s m e n t s c a r r i e d o u t u n d e r A s s i s t a n c e L e v e l l a r e d e s i g n e d t o a s s i s t m e m b e r s t h a t
p e r h a p s h a v e d o n e s o m e A D A c o m p l i a n c e w o r k , b u t a r e u n c e r t a i n e i t h e r o f i t s
c o m p l e t e n e s s o r b e i n g u p - t o - d a t e . T h e f i n d i n g s o f t h e a s s e s s m e n t a r e n o t d o c u m e n t e d , b u t
a r e d i s c u s s e d v e r b a l l y o v e r t h e p h o n e . B a s e d o n t h e f i n d i n g s , a p r o p o s a l o f w o r k w i l l b e
d e v e l o p e d a n d p r o v i d e d t o t h e m e m b e r .
T h e C a l i f o r n i a J P I A w i l l f u n d t h i s a s s i s t a n c e l e v e l i n i t s e n t i r e t y ( $ 2 , 8 0 0 ) , w i t h n o
c o n t r i b u t i o n f r o m t h e m e m b e r .
A s s i s t a n c e L e v e l 2 : I n s p e c t i o n o f S i t e s , D e v e l o p m e n t o f T r a n s i t i o n / B a r r i e r R e m o v a l P l a n s
T h i s s e r v i c e w i l l p r o v i d e m e m b e r s w i t h i n s p e c t i o n o f s i t e s t h a t m a y b e n e w o r n o t i n s p e c t e d
p r e v i o u s l y , o r h a v e h a d e x t e n s i v e m o d e r n i z a t i o n o r m a j o r r e m o d e l i n g . T h e s e r v i c e w i l l
i n c l u d e i n s p e c t i o n o f m e m b e r f a c i l i t i e s a n d p u b l i c r i g h t s - o f - w a y , a n d i d e n t i f i c a t i o n o f
b a r r i e r s t o a c c e s s i b i l i t y , s o l u t i o n s t o r e m o v e t h e s e b a r r i e r s , a n d i n c o r p o r a t i o n o f t h e
i n f o r m a t i o n i n t o t h e A D A c o n s u l t a n t ' s a c c e s s i b i l i t y m a n a g e m e n t s o f t w a r e , D A C T r a k .
U n d e r A s s i s t a n c e L e v e l 2 , p u b l i c r i g h t s - o f - w a y ( P R O W ) m u s t b e e v a l u a t e d t o d e t e r m i n e i f
t h e r e a r e b a r r i e r s t h a t w o u l d p r e v e n t t h o s e w i t h d i s a b i l i t i e s f r o m t r a v e r s i n g t h e p e d e s t r i a n
a c c e s s r o u t e i n t h e p u b l i c r i g h t - o f - w a y . W h e n m e m b e r s c o m p l e t e a s e l f - e v a l u a t i o n , t h e s e
b a r r i e r s m u s t b e i d e n t i f i e d a n d i n c o r p o r a t e d i n t o t h e m e m b e r ' s A D A t r a n s i t i o n p l a n .
T h e r e a r e s t a n d a r d s i n t h e A m e r i c a n s w i t h D i s a b i l i t i e s A c t A c c e s s i b i l i t y G u i d e l i n e s ( A D A A G )
t h a t a d d r e s s s i d e w a l k s , b u t t h o s e s t a n d a r d s a r e f o r d e s i g n o n l y . T h e y s p e c i f y t h a t c h a n g e s i n
t h e l e v e l o f a c c e s s i b l e r o u t e s u p t o 1 / 4 " m a y b e v e r t i c a l a n d w i t h o u t e d g e t r e a t m e n t .
C h a n g e s b e t w e e n 1 / 4 " a n d 1 / 2 " a r e t o b e b e v e l e d w i t h a s l o p e n o g r e a t e r t h a n 1 : 2 .
R e v . A p r i l 2 0 1 7 P a g e 2
Changes g reater than 1/2" are to be ra mp ed . Th ese regulations do not specifically address
maintenance. Therefore, it is th e Authority's opinion that th ere is no ADA maintenance
sta nda r d for si dewal k deviation s that exist in the PROW path of travel , an d m embers h ave
no genera l requirement to insp ect or repair deviations that exceed the ADAAG's design
standard . That sai d, there are in st ance s where sidewalk deviation s or conditions of sid ewa lk
su rfac ing that should be addressed in ord e r to ensure accessibility by di sab led perso ns.
More broadly, and within th e conte xt of maintaining an agency's public sidewalks,
de v iations that are 3/4" or l ess vertical displacement have been d ee m ed by th e courts to be
trivi a l in natu re, unless there are aggravating circumstances such as jagged edges or a
hi st ory of falls that ma ke such in stances of gr ea t e r risk to the public. A vertica l displacement
of greate r than 3/4" is not considered trivial as a matter of law,.and po ses a jury qu es tion as
to w h ether it constitutes a d ang erous condition of pub li c property. Members have a duty to
miti gate such d ange rou s conditions eithe r beca use they knew of the condition or should
h ave known . This duty ex ists separa te and apart of any duty imposed und er th e Americans
with Disa b i lities Act.
The Cal ifornia JPIA will fund up to $16,500 toward this leve l of assistance. Members will be
responsible for any costs that exceed thi s amount. The California JPIA will also fund the first
ye ar of licensing and training the DACTr ak software. Members will be respon sible for any
req uired e quipment and licen sing costs beyo nd the first year . The an nu al licen sing fee is
$2,000.
Ass ista nc e Lev el 3 : Self-Ev alu ation of Policies, Proc edures, Prac tices
~he ADA consu ltant will conduct a review of pol i ci es, procedures, and practices to
determine if a ny are discr im i natory or potentially discriminatory. Program s, services, and
act iviti es wou ld be reviewed to de termine access ibi lity by p e rson s with disabilities.
Th e California JPIA will fund up to $5,000 toward thi s l eve l of assistance. Members will be
res pon sibl e f or any costs that exceed this amount.
ADA Financing for Barrier Re moval Proj ec t s
Sin ce some m embers m ay be un able to fund necessary capital improvem e nts for purpos es
of barrier removal due to budgetary constraints, the Authority will al so make ADA fin ancing
avai l ab l e. This financin g i s intended to help members to make need ed improvements,
particularly those that would otherwise be out of fiscal reac h in th e f o reseea ble future.
Funding reques t s will be so lic i t ed annu all y through an appl ic ation process, an d then
presented to th e Exe cutive Comm ittee for approval. Members requ esti ng financing must
have completed the developm ent of a tran sition plan that identifies the cap ita l
i mprove m ent ass oci at ed with the funding r e qu est.
Rev. Apri l 201 7 Page 3
The Authority will charge an interest rate based on the rate of return for all investments.
The Authority may adjust the rate annually for each financing cycle. The rate will then be
fixed for the financing term, which will not exceed five years.
Specific instructions with financing terms and conditions will be provided when the
application period open for each year.
ADA Training
The California JPIA offers the following ADA training courses to members throughout the
five regions:
• Planning for ADA Compliance: ADA Coordinator Training
• Planning for ADA Compliance: Public Facilities
• Planning for ADA Compliance: Public Rights of Way
• Planning for ADA Compliance: Accessibility Requirements for Facilities and the Public
Right-of-Way
• Planning for ADA Compliance: Roles, Responsibilities and Strategies
For specific details on each ADA course and upcoming training opportunities, visit the
California JPIA website. The cost of agency-specific or other ADA training offered by DAC is
the responsibility of the member.
Additional Consulting Services
For any ADA consulting services needed by members beyond the scope of those listed
above, the California JPIA has negotiated a flat rate of $98 per consultant hour, and is the
responsibility of the member. Members are advised to execute agreements with DAC for
any services outside of the ADA assistance program.
Member Responsibilities
The member must agree to carry out the following responsibilities:
• Provide necessary staff and fiscal resources in order to complete ADA assistance work in
an agreed-upon and timely manner.
• Provide the ADA consultant with necessary information and documents. Information
may include prior ADA self-evaluations and transition plans, property schedules, facility
and parks lists (including amenities and addresses), sidewalk mileage, number of
automated pedestrian signal intersections, number of bus stops/bus shelters, and other
infrastructure inventory details. This information is nec essa ry to assist DAC with the
development of an accurate proposal of services.
Rev. April 2017 Page 4
" E x e c u t e t h e p r o g r a m M e m o r a n d u m o f U n d e r s t a n d i n g ( M O U ) , p r o v i d e d b y t h e C a l i f o r n i a
J P I A . T h e M O U w i l l b e s i g n e d b y t h e m e m b e r ' s c h i e f e x e c u t i v e o r c i t y m a n a g e r . A
s a m p l e o f t h e M O U i s a t t a c h e d t o t h i s d o c u m e n t .
" C o m p l e t e d e v e l o p m e n t o f a n A D A s e l f - e v a l u a t i o n a n d t r a n s i t i o n p l a n f o r r e m o v a l o f
a c c e s s i b i l i t y b a r r i e r s , i n c l u d i n g d e t e r m i n i n g e s t i m a t e d b a r r i e r r e m o v a l d a t e s .
" D e v e l o p n e e d e d c a p i t a l b u d g e t p l a n s b a s e d o n i n f o r m a t i o n c o n t a i n e d i n t h e A D A s e l f -
e v a l u a t i o n a n d t r a n s i t i o n p l a n .
" A s s i s t t h e A D A c o n s u l t a n t w i t h a r e v i e w o f p o l i c i e s , p r o c e d u r e s , a n d p r a c t i c e s t o
d e t e r m i n e i f a n y a r e d i s c r i m i n a t o r y o r p o t e n t i a l l y d i s c r i m i n a t o r y .
" D e s i g n a t e a n A D A g r i e v a n c e c o o r d i n a t o r . P o s t A D A g r i e v a n c e p o l i c y o n a g e n c y w e b s i t e
a n d h a v e t h e p o l i c y p o s t e d a n d a v a i l a b l e a t a l l p u b l i c f a c i l i t i e s .
" B e r e s p o n s i b l e f o r c o s t s t h a t e x c e e d p e r - m e m b e r f u n d i n g l e v e l s a p p r o v e d b y t h e
A u t h o r i t y ' s E x e c u t i v e C o m m i t t e e .
" P r o v i d e a t a b l e t o r o t h e r d e v i c e t h a t w i l l r u n t h e D A C T r a k s o f t w a r e .
" R e c e i v e t r a i n i n g o n t h e u s e o f D A C T r a k s o f t w a r e .
" B e r e s p o n s i b l e f o r l i c e n s u r e c o s t o f D A C T r a k s o f t w a r e b e y o n d t h e i n i t i a l y e a r .
R e v . A p r i l 2 0 1 7 P a g e 5
Program Procedures
General Procedures:
1. The Authority's risk managers will work with members to determine assis t ance le ve ls for
each member and notify members of the assistance level they w i ll be rece iving.
Members will receive a copy of this document, outlining the details of the program.
2. Risk managers will contact the ADA consu ltant, notifying them of members ready to
move forward with assistance level one.
3. Member w ill provide necessary information to consultant for development of work
proposal. The proposal will outline the scope of work and an estimate of costs, outlining
all expenditures according to the assistance levels .
4. A phone assessment will be conducted to discuss the agency's ADA compliance level. If
the proposal is availab le in advance of the schedu l ed cal l, it will also be discussed.
5. The executed MOU serves as a notice to proceed for assistance levels two and three.
Authority risk managers wil l notify ADA consu ltant when MOU's are executed.
6. The ADA consu ltant will contact individual members to schedu le an on-site or phone
project kick-off meeting, and w ill forward information to the member and the risk
manager regard in g the kick-off.
7. In coordination with the member, the ADA consultant wi l l participate i n the project kick-
off meeting. The Authority's risk manager may attend the meeting, but this is not
required for work to proce ed. The m ee ting will include discussion of the project scope
and responsibilities.
Specific Assistance Level Procedures :
Assistance Level 1
1. The Authority's risk managers wi ll coordinate the start of all member assessments.
2. Member will gather information nece ssary to answe r questions outlin ed in ADA/Section
504 Initial Assessment document. This document w ill be sent to th e m ember by the ADA
consu ltant or the Authority's risk manager. Members are advised not to compl ete and
r eturn the document, but rather have the information avai lable for the phon e
discu ss ion.
3. Th e ADA consultant w ill conduct the member assessment and overall diagnostic profi le.
Assistance Level 2
1. M ember will be provided DACTrak accessibi lity managem ent software.
2. Member wi ll receive training regarding the use of DAC Tra k accessibility management
software.
Rev. April 2017 Page 6
3. Member will provide necessary access and coordination to ADA consultant for
completion of buildings, parks and facilities inspections.
4. Member will provide necessary coordination to ADA con sultant for completion of public
rights-of-way inspections.
5. The ADA consultant will produce all neces sa ry reports of findings to the member.
Assistance Level 3
1. With the assistance of the member, the ADA consultant wil l complete review of pol icies
and procedures.
2. Th e ADA consultant will re view accessibility of programs, services and activities.
3. The ADA consultant w ill produce all neces sa ry reports of findings to the membe r.
4. Th e ADA consultant will provide guidance to the member on the publ ic input process, as
required by Title II of the ADA.
Rev. April 2017 Page 7
Billing and Reimbursement
Work Performed through the Authority's ADA Assistance Program
A ll work carried out through the California JPIA's ADA assistance program must be approved in
writing by both the member and the Authority through the executi on of the MOU prior to
commencement of work by the Authority's ADA consultant.
All invoices for work completed by the ADA consu ltant will be submitted to the California JPIA
for payment. Any amounts for services provided beyond the per-member funding leve ls
approved by the Executive Committee wi ll be billed to the member by the California JPIA .
Work Performed Outside of the Authority's ADA Assistance Program
Members who have recently completed independent ADA work may submit for re imbursement
of costs, according to the following conditions:
1. The work sha ll be of the same or greater scope of what the Authority is making available
through its ADA assistance program.
2. The work sha ll be detailed in an agreement with the contractor . A copy of the
agreement and invoi ces shall be provided to the California JPIA .
3. The work shall be complete.
4. Reimbursement amounts are the same as the per-member funding levels approved by
the Executive Committee and noted above
5. The member would not qualify for additional ADA assistance in any area for which it is
seeking reimbursement.
Rev. Apri l 2017 Page 8
ATTACHMENT D
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT for Professional Services ("Agreement") is made this day of March 14,
2017 ("Effective Date") by and between the Califomia Joint Powers Insurance Authority ("Authority")
and Disability Access Consultants ("Consultant") (together sometimes refened to the "Patties").
Section l. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to Authority the services described in the Scope of Work attached as Exhibit A, and
incorporated here. Such work shall be provided at the time and place and in the manner specified in
Exhibit A. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit
A, this Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and
shall end on June 30, 2018. Consultant shall complete the work described in Exhibit A
prior to that date, unless the term of the Agreement is otherwise tenninated or extended
as provided for in Section 8. The time provided to Consultant to complete the services
required by this Agreement shall not affect the Authority's right to terminate the
Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant shall perfonn all services required pursuant to
this Agreement in the manner and according to the standards observed by a competent
practitioner including the necessary expettise or knowledge of the profession in which
Consultant is engaged in the geO!,'l'aphical area in which Consultant practices its
profession and to the sole satisfaction of the project representative.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perfonn
services pursuant to Agreement. In the event that Authority, in its sole discretion, at any
time during the tenn of this Agreement, desires the reassignment of any such persons,
Consultant shall, immediately upon receiving notice from Authority of such desire of
Authority, reassign such person or persons.
1.4 Time. Consultant shall devote such time to the perfonnance of services pursuant to this
Agreement as may be reasonably necessary to satisfy Consultant's obligations hereunder.
1.5 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the tenns of this Agreement until receipt of
authorization from the Authority's project representative.
L.6 Eligible Recipients of Services. Authority members will receive a funding allowance
toward ADA assistance level services as outlined under the scope of this agreement.
Additional services outside of the ADA assistance level services shall be at the agreed
upon hourly rate of$98 per consultant. All members of the Authority are eligible,
including but not limited to:
3/14/17 FINAL DAC / JPIA Page 1
City of Agoura Hills, Agoura Hills/Calabasas Community Center, City of Aliso Viejo,
Town of Apple Valley, Area B Disaster Management, Area E Disaster Management, City
of Arroyo Grande, City of Artesia, City of Atascadero, City of Azusa, City of Bell
Gardens, City of Bellflower, Big Bear City Community Services District, Big Bear Fire
Authority, City of Big Bear Lake, City ofBishop, Black Gold Cooperative Library
System, City of Bradbury, City of Brawley, City of Buellton, City of Calabasas, City of
Camarillo, City of Carpinteria, City of Cerritos, City of Chino Hills, City of Claremont,
Coachella Valley Association of Governments, Coachella Valley Conservation
Commission, Coastal Animal Services Authority, City of Commerce, City of Dana Point,
Desert Recreation District, City of Diamond Bar, City of Duarte, Eastern Sie1Ta
Transportation Authority, City ofEl Centro, City of Fillmore, City of Fountain Valley,
Gateway Cities Council of Governments, City of Goleta, City of Grand Terrace, City of
Grover Beach, City of Guadalupe, City of Hawaiian Gardens, City of Hidden Hills, City
of Imperial, City oflndian Wells, City of Indio, City oflrwindale, City of La Canada
Flintridge, City of La Habra Heights, LA IMP ACT, City of La Mirada, City of La Palma,
City of La Puente, City of La Quinta, City of La Verne, City of Laguna Niguel, City of
Laguna Woods, City of Lake Elsinore, City of Lake Forest, City of Lakewood, LA-RICS,
City of Lawndale, City of Lorna Linda, City of Lomita, City of Malibu, Town of
Mammoth Lakes, Midpeninsula Regional Open Space District, City of Mission Viejo,
City of Monrovia, Monterey Peninsula Regional Park District, City of Moorpark, City of
Morro Bay, Mountain Area Regional Transportation Authority, City of Needles, City of
Norwalk, City of Ojai, Orange County Council of Governments, City of Palm Desert,
City of Palos Verdes Estates, Palos Verdes Peninsula Transit Authority, City of
Paramount, City of Paso Robles, City ofPico Rivera, City of Pismo Beach, Pomona
Valley Transportation Authority, City of Port Hueneme, City of Poway, City of Rancho
Palos Verdes, City of Rolling Hills, City of Rolling Hills Estates, City of Rosemead, City
of San Clemente, City of San Dimas, City of San Gabriel, City of San Juan Capistrano,
City of San Luis Obispo, City of San Marcos, City of San Marino, City of Santa Fe
Springs, City of Santa Paula, City of Seal Beach, City of Seaside, Seaside County
Sanitation, City of Sierra Madre, City of Signal Hill, City of Solvang, City of South El
Monte, Southeast Area Animal Control Authority, Southern California Association of
Governments, City ofTemple City, Ventura Port District, City of Villa Park, City of
Walnut, West Cities Police Communication Center, City of Westlake Village.
Section 2. COMPENSATION. Authority hereby agrees to pay Consultant in accordance with the
payment schedule as set fo1ih in Exhibit B, attached hereto and incorporated herein by reference as
though set fmih in full, based upon work completed, as defined in Exhibit A. In the event of a conflict
between thi s Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall
prevail. Authority shall pay Consultant for services rendered pursuant to this Agreement at the time and
in the m an ner set forth herein. The payments specified below shall be the only payments from Authority
to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to
Authority in the manner specified herein. Except as specifically authorized in advance by Authority,
Consultant s hall not bill Authority tor duplicate services pertbnned by more than one person .
3/14/17 FINAL OAC / JPIA Page 2
2.1 Invoices. Consultant shall submit invoices during the term of this Agreement, based on
the work completed, and within 30 days. All work billed shall b e on a per member basis,
with an itemized detail of services perfonned.
2.2 Pavment. Authority shall make monthly payments, based on invoices received, for
services satisfactorily perfonned, and for authorized reimbursable costs incutTed.
Authority shall have 30 days from the receipt of an invoice that complies with all of the
requirements above to pay Consultant.
2.3 Total Payment. Authority shall not pay any additional sum for any expense or cost
whatsoever incun·ed by Consultant in rende1ing services pursuant to this Agreement.
Authority shall make no payment for any extra, further, or additional service pursuant to
this Agreement.
2.4 Payment of Taxes. Consultant is solely responsible for the payment of employment
taxes incurred under this Agreement and any federal or state taxes.
2.5 Pavment upon Termination. In the event that the Authority or Consultant tenninates
this Agreement pursuant to Section 8, the Authority shall compensate the Consultant for
all outstanding costs and reimbursable expenses incurred for work satisfactorily
completed as of the date of written notice of termination. Consultant shall maintain
adequate logs and timesheets in order to verify costs incurred to that date.
Section 3. EQUIPMENT. Except as otherwise provided, Consultant shall, at its sole cost and
expense, provide all supplies and equipment necessary to perfom1 the services required by this Agreement.
Section 4. INSURANCE REQUIREMENTS. Without limiting Consultant's indemnification of
Authority, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its
own expense during the tenn of this Agreement, policies of insurance of the type and amounts described
below and in a fonn satisfactory to Authority.
4.1 Genenl Liability Insurance. Consultant shall maintain commercial general liability
insurance with coverage at least as broad as Insurance Services Office fonn CO 00 01, in
an amount not less than $1 ,000,000 per occurrence, $2,000,000 general aggregate, for
bodily injury, personal injury, and prope1ty damage. The policy must include contractual
liability that has not been amended. Any endorsement restricting standard ISO "insured
contract" language will not be accepted.
4.2 Automobile Liability Insurance. Consultant shall maintain automobile insurance at
least as broad as Insurance Services Office form CA 00 0 I covering bodily injury and
property damage for all activities of the Consultant arising out of or in connection with
Work to be performed under this Agreement, including coverage for any owned, hired ,
non-owned or rented vehicles, in an amount not less than $1,000,000 combined single
limit for each accident.
3/14/17 FINAL DAC/ JPIA Page 3
4.3 Professional Liability (E rrors & Omissions) Insurance. Consultant s h a ll maintain
professional li abi lity in s urance that covers th e Services to be p e rform ed in connection
with thi s Agreement, in the minimum amount of $1,000,000 p er claim a nd in the
aggregate. Any po li cy in ceptio n date, co ntinuity date, or retroactive d a te must be before
the effective date of this agreement and Consultant agrees to ma intain continuous
coverage through a period no less than three years after completion of the services
required by thi s agreement.
4.4 Workers' Compensation Insurance. Con s ultant shall maintain Workers' Compensation
Insura nce (Statutory Limits) and Em pl oyer 's Liability In surance (with limits of at least
$1 ,000,000).
4.5 Proof of Insurance. Con sultant sh a ll provide certificates of in s ura nce to Authority as
ev idence ofthe in s urance coverage require d herein , a l o ng with a waiver of s ubro gation
endorsement for workers' compensation. In s ura nce certificates and e ndorsem e nts must be
approved by Authority's tisk manager prior to c ommencement of perfonnance. Current
certification of insurance sh all be kept o n file with Authority at a ll tim es durin g the tenn
of this contract. Authority reserves th e right to require complete, certified copies of a ll
required insurance p o li c ies, a t any time.
4.6 Duration of Coverage. Consultant s hall procure and maintain for the dura tion of the
contract insurance against claims for injuries to persons or damages to property, which
may atise from or in connection with th e p er fonnanc e of the work h e reunder by
Consultant, its agents, r e presenta tives, employees or s ub-con sulta nt s .
4.7 Primarv/Noncontributing. Coverage provided b y Consultant s h a ll b e primary and any
insurance or self-insurance procured or maintained by Authority s hall not b e required to
contribute with it. The limits of in s ura n ce req·uired herein may be sat isfied by a
combina tion of pr imary and umbrell a or excess in surance. Any umb re ll a o r excess
i nsuran ce shall contain o r b e e nd orsed to contain a provi sion th a t such coverage s hall also
ap ply on a prima ry and n o n-co ntributo r y basis for the benefit of Authority b efore th e
Authority's own insuran ce o r sel f-i nsura nce s hall be called upon to protect it as a named
insured .
4.8 Authority's Rights of E nforcement.ln the event any policy of ins ur a nce r equired under
thi s Agreem e nt does no t comply with these s p ecifications or is canceled and not re placed ,
Authority has th e ri ght but not the duty to o btain the in s urance it deems necessary a nd
any premium paid b y Authority will be promptly reimbursed by Cons ult a nt or Authority
will withhold amounts sufficient to pay premium from Consultant payments. In the
alternative, Authority may cancel this Agreement.
4 .9 Acceptable lnsur·ers. All in su ra n ce polic ies s hall b e issued by an in s u ra nce company
currently authorized by the In s ur ance Commi ss ioner to transact business of insurance or
is on th e List of Approved Surplus L in e In surers in the State of Cal iforn ia, with an
assigned poli cyhold e rs' Ra tin g of A-(o r higher) an d Financial Size Cat egory C lass VI
3/14/17 FINAL DAC / JPIA Page 4
(or lar ger) in accordance with the lates t editio n o f Be st 's Key R at ing Guide, unless
othe1wise approved by th e Authori ty's ri s k manager.
4.10 Waiver of Subrogation. All in s urance coverage maintained o r procured pursuant to this
agreement shall be endorsed to waive subrogation again st A utho r it y, its elected or
appointed officers, agents, oftlcials, employees and volunteers or sh all specifically allow
Consultant or others providing insurance evidence in compli ance with the se
s pecifications to waive their ri ght of recovery prior to a loss. Co ns ultant here by wa i ves its
own right of recovery again s t Authority, and shall require sim il ar wtitten express waivers
and insurance clauses from each of its s ub -consultants.
4.11 Enforcement of Contract Provisions (Non Estoppel). Consultant acknowledges and
agrees th at any actual or alleged fai lure on the part o f the Authority to in fonn Consultant
of non-compliance w ith any r equirement imp oses no additional ob li gati o ns on the
Authority nor does it waive any rights h ereun der.
4.12 Reguh·ements N ot Limiting. Requirements of s pecific coverage featu res or limits
contained in thi s Section are not intended as a limitati o n on coverage, limits o r o th er
requirements, or a waiver of any cove rage nonnally prov id ed by any ins uran ce. Speci fic
reference to a given coverage feah1re is for purposes of clarificatio n on ly as it pertains to
a g iven iss ue and is not intended by any patiy or in sured to be all inclusive, or to the
exclu sion of other coverage, or a w aiver of any ty pe. lf th e Con sultant mainta ins hi gh e r
limi ts than th e minimums s how n above, the Authority requires and shall be entitl ed to
coverage for the hi gher limits m aintain ed by the Cons ultant. Any availab le insurance
proceeds in excess of the s pecified minimum limits of insurance and coverage s ha ll be
avai la ble to the Autho ri ty.
4.13 N otice of Cancellatio n. Cons ul ta nt agrees to o blige its insurance agent o r broker a nd
in s ure rs to provide to Autho rity w ith a thirt y (3 0) d ay notice of cancell ation (except for
nonpaym e nt for w hi ch a ten (I 0) d ay notice is re qui red) o r nonrenewal of coverage for
each req u ired coverage.
4.14 Additional lnsured S tatu s . General li a bility p oli c ies shall provid e or be endorsed to
provide that Authority and it s officers, official s, empl oyees, agen ts, vo luntee rs, and
members shall be additiona l insu reds under such policies. T his provisio n s ha ll also ap ply
to any excess/umbrella li ab ility po lici es.
4.15 Prohibition of Undisclosed Coverage Limitations. None of the coverages requ ired
he re in w ill be in compli ance with these r eq uirements if they include any li miting
e ndorsement of any k ind th a t h as no t been first s ubmitted to Authority a nd approved of in
writin g.
4.16 Separation of Insureds. A severability of interests provision mu s t app ly for all
add ition al ins ureds ensuring th at Consult ant's insurance s h all apply separately to each
ins ur ed agai ns t whom cl a im is m ade or s uit is brough t, except with respect to the
3/14/17 FINAL DA C / JPIA Page 5
insurer;s limits of li ab ility. The policy/policies s hall not co ntai n any cross-liab il it y
exclu sio ns.
4.17 Pass Through Clause. Consultant agrees to ens ure that it s s ub -consul tants,
subcontractors, and any other party involved w ith the project who is brought onto or
in volved in the project by Consulta nt , provide the sa me minimum insurance coverage and
e nd o rsement s required of Consultant . Consultant agrees to monitor and revi ew a ll s uch
coverage and assumes all respons ibility for e ns uring th a t such coverage is provided in
conformit y with the requirements o f thi s section. Consultant agrees that upon req uest, all
agreements with cons ultants, subcontractors , and others engaged in the project will be
submitted to Authority for rev iew.
4.18 Authority's Right to Revise S pecifications. T h e Authority reser ves the ri g ht at any time
during the tenn of th e contract to change th e amounts and types of insurance required by
g iv ing the Co nsult ant ninety (90) days ad va nce writt en notice of s uc h change. If such
change re s ult s in s ubstanti al additional cost to the Consultant, the Authority and
Co ns ulta nt may renegot iate Cons ul tant's compensation.
4 .19 Self-Insured Retentions. Any self-insured retentions must be declared to and approved
by Authority. A uthority reserves the ri ght to require that self-insured retentions be
eliminated , l ower ed, o r repl aced by a d ed uctibl e. Self-insurance will not be co ns id ered to
co mpl y w ith these specificati o ns unless approved by Authority.
4.20 Timely N otice of C laims. Consultant shall g ive Authority prompt and timely noti ce of
claim s made or s uit s in stitu ted that arise o ut of or re sult fro m Co nsultant 's performance
under this Agreement, and that in vo lve or may in volve coverage under a ny ofthe
required liabi li ty polic ies.
4.21 Additional Insurance. Consu lta nt shall also procure and maintain, at its own cost and
expense, any additi o nal kind s of insurance, w hich in it s own judgment m ay b e necessary
for it s proper protectio n a nd prosecution of the work.
Section 5. INDEMNIFICATION
Consultant shall indenmify, defend with counsel acceptable to Authority and hold harmless the
Authority and its officials, officers, employees, agents, members, and autho ri zed volunteers from and
against any and a ll losses, liabilities, claims, suit s, acti ons, arb itration proceedings, administr at ive
proceedings, r egulatory proceed ings, d am ages a nd exp e nses of any kind, whether actual o r threatened,
(including but not limited to attorneys ' fees and costs, court costs, interest defense costs, and expert
witness fees) where the same arise out of, are a consequ ence of or are in any way attributa bl e to, in
whole or in part, the p erfonnance of this Agreement (or the failure to perform) by Consultant or by any
individual or entity for which Co nsultant is legally li able, including but not limited to officers , agent s,
employees or s ub contractors of Consultant. Such indemnification, d efense and hold harmless extend to
Consultant's provision, use, transport and storage of hazardous materials, as those commonly are
defined under state and federal l aws and regulations.
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The foregoing obligation of Consultant shall not apply when (1) the injury, loss oflife, damage to
property or violation oflaw arises wholly from the negligence or willful misconduct of the Authority or
its officers, employees, agents, members, or authorized volunteers and (2) the actions of Consultant or
its employees, subcontractors or agents have contributed in no part to the injury, loss of life, damage to
property, or violation of law.
It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend
as set forth in Section 2778 of the California Civil Code. Acceptance by Authority of insurance
certificates and endorsements required under this Agreement does not relieve Consultant from liability
under this indemnification and hold harmless clause. This indemnification and hold harmless clause
shall apply to any damages or claims for damages whether or not such insurance policies shall have been
determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the
provisions of this Section and that it is a material element of consideration.
Section 6.
6.1
Section 7.
7.1
7.2
7.3
STATUS OF CONTRACTOR.
Independent Contractor. At all times during the term of this Agreement, Contractor
shall be an independent contractor and shall not be an employee of Authority. Authority
shall have the right to control Contractor only insofar as the results of Contractor's
services rendered pursuant to this Agreement and assignment of personnel pursuant to
Subparagraph 1.3; however, otherwise Authority shall not have the right to control the
means by which Contractor accomplishes services rendered pursuant to this Agreement.
Notwithstanding any other Authority, state, or federal policy, rule, regulation, law, or
ordinance to the contrary, Contractor providing services under this Agreement shall not
qualify for or become entitled to any compensation, benefit, or any incident of
employment by Authority, including but not limited to eligibility to enroll in the
California Public Employees Retirement System (PERS) as an employee of Authority
and entitlement to any contribution to be paid by Authority for employer contributions
and/or employee contributions for PERS benefits. It is understood by the parties that
Contractor is independent and does not constitute a common law (employer-employee)
relationship and said agreement is exempt for the post-retirement employment
requirements.
LEGAL REQUIREMENTS.
Governing Law. The laws of the State of California shall govern this agreement.
Compliance with Applicable Laws. Consultant and any subcontractor shall comply with
all applicable local, state and federal laws and regulations applicable to the performance
of the work hereunder.
Licenses and Permits. Consultant represents and warrants to Authority that Consultant
and its employees, agents, and any subcontractors have all licenses, pennits,
qualifications, and approvals of whatsoever nature that is legally required to practice their
respective professions. Consultant represents and wan·ants to Authority that Consultant
and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in
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Section 8.
8.1
effect a t all times du ring the tenu or this Agreement any licenses, pennits, a nd a pproval s
that are legally required to practice their re spective professions. In addition to the
foregoing, Consultant and a n y subcontractors s hall obtain and maintain during the tenn
of this Agreement valid Busi ness Licenses from Authority.
TERMINATION AND MODIFICATION.
Tennination. Authority and Consultant hereby agree that thi s A g reement may be
cancelled upon 30 days' written no tice.
In the event of tennina ti on, Consultant shall be entitled to co mpe nsation fo r services
perfonned to the effective date of tennination; Authority, however, m ay condition
payment of s uch compensation upon Consultant delive ring t o Auth o rity an y or all
d ocuments, photog raphs, computer software, video and audio ta pes, and other mater ial s
provided to Consultant or prepared by or for Consultant or the Authority in co nnection
with this Agreement.
8.2 Extension. Both patties agree that extending the Agreem ent beyond that provided fo r in
Subsection l .l may be in the best interest of all concerned. Any such ex tension shall
require a written amendment to thi s Agree m e nt, as provided for h er e in . Authodty and
Consultant understand and agree that, if both patties agree to such a n extension, all tenus
and conditions of the original Agreement s hall remain the same, and extended to the date
provided for in said amendment.
8.3 Amendments. The p a tties may a m e nd this Agreement only by a writing s igne d by all the
patties.
8.4 Survival. All obligations a rising ptior to the tennination of thi s Agreement and all
provisions of thi s Agreeme nt a ll ocating liability between Autho rity and Co n sultant sh a ll
survive the termination of thi s A&rreement.
8.5 Options upon Breach by Consultant. If Consultant materially breach es a ny of th e tenus
of thi s Agreement, Authority's re m ed ies s hall include, but not be limite d to, any or all of
the following:
8.5.1 Imme diate ly te rminate the Agreement;
8.5.2 Retain the d ocume nts, a nd a ny other work product prepared by Consultant
purs ua nt to thi s Agreement;
8.5.3 Retain a different Consu ltant to complete the work d escrib ed in Exhibit A
not finished by Consultant; or
8.5.4 Charge Consulta nt th e difference between the costs to co mplete the work
described in Exhibit A that is unfinished at the time of breach a nd the
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amount that Authority would have paid Consultant pursuant to Section 2 if
Consultant had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All reports, data, maps,
models, charis, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder, shall be the properiy of the Authority. Consultant hereby agrees to
deliver those documents to the Authority upon tennination of the Agreement.
9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the Authority under this Agreement for a minimum of three (3) years, or for any longer
period required by law, from the date of final payment to the Consultant to this
Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of,
the Authotity. Under California Govemment Code Section 8546.7, if the amount of
public funds expended under this Agreement exceeds Ten Thousand Dollars
($1 0,000.00), the Agreement shall be subject to the examination and audit of the State
Auditor, at the request of Authority or as part of any audit of the Authority, for a period
of three (3) years after final payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attornevs' Fees. If either pariy to this Agreement brings any action, including an action
for declaratory relief, to enforce or interpret the provision of this Agreement, the
prevailing party shall be entitled to reasonable attomeys' fees in addition to any other
relief to which that party may be entitled. The court may set such fees in the same action
or in a separate action brought for that purpose.
10.2 Venue. In the event that either patiy brings any action against the other under this
Agreement, the parties agree that trial of such action shall be vested exclusively in
Orange County.
10.3 Severabilitv. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of
this Agreement.
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10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that tenn or any other tenn
of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the parties.
10.6 Consultant Representative. All matters under this Agreement shall be handled for
Consultant by Barbara Thorpe.
10.7 Authority Contract Administration. This Agreement shall be administered by Nonnan
Lefmann ("Contract Administrator"). All correspondence shall be directed to or through
the Contract Administrator or his designee.
10.8 Notices. Any written notice to Consultant shall be sent to:
Barbara Thorpe, President/CEO
Disability Access Consu ltants
2243 Feather River Boulevard
Oroville, CA 95965
Any written notice to Authotity shall be sent to the project representative, Abraham Han.
I 0.9 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibit A, represents the entire and integrated agreement between
Authority and Consultant and supersedes all prior negotiations, representations, or
agreements, either written or oral.
10.10 Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be an 01iginal and all of which together shall constitute one agreement.
The Parties have executed this Agreement as of the Effective Date.
AUTHORITY CONSULTANT
~~
Barbara Thorpe, President/CEO
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EXHIBIT A
SCOPE OF SERVICES
Consultant will provide the necessary professional services:
1. Assistance Level 1: Member Assessment and Overall Diagnostic Profile
Consultant will perform an assessment to determine the current level of ADA compliance, in
accordance with Title II of the Americans with Disabilities Act, Section 504 of the
Rehabilitation Act and Title 24 of the California Building Code, and plan a course of action
to enhance compliance. Consultant will review the initiatives of the Member to assess
whether the Member has met any or all of the mandatory compliance requirements of the
ADA, Section 504 of the Rehabilitation Act and Title 24 and related accessibility standards
and requirements. If, after review, it is determined that the member needs to complete or
revise any of the required compliance components, Consultant will provide a recommended
compliance plan that may include other assistance-level options.
All members participating in the Authority's ADA Assistance Program shall receive
Assistance Level 1 by default.
Following is a list of items determined during an assessment:
• An ADA coordinator has been designated, noticed, and posted.
• Each site has a current transition/barrier removal plan that meets the requirements
under Title II of the ADA.
• A self-evaluation of programs, services, activities, policies, procedures, and practices
has been completed.
• The member has updated its current transition/barrier removal plan, if applicable.
• Current ADA transition/barrier removal plans include all sites, such as new sites
added since the completion of the previous plan.
• Space leased "to" others by the member is identified.
• Any current ADA-related concerns or issues are identified, including any pending or
actual litigation.
• The member may need questions answered regarding the ADA, Title 24 of the
California Building Code (CBC) or related accessibility standards.
• Staff development activities have been provided or are requested.
• Methods and priorities are recommended to members for achieving ADA compliance.
2. Assistance Level2: Inspection of Sites, Development of Transition/Barrier Removal Plans
Consultant will inspect sites that may be new or not inspected previously, or have had
extensive modernization or major remodeling. Work will include inspection of member
facilities and public rights-of-way, and identification ofbarriers to accessibility, solutions to
remove these barriers, and incorporation of the information into Consultant's accessibility
management software.
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As part of Assistance Level 2, Consultant will provide training regarding the use of the
management portion of DACTrak. Assistance Level 2 does not include comprehensive
training in the use ofDACTrak for the member to collect their own data.
3 . Assistance Level3: Self-Evaluation ofPolicies, 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.
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I'
EXHIBITB
RATES AND SCHEDULE OF PAYMENTS
Billing and Reimbursement:
1. Assistance Level 1: Member Assessment and Overall Diagnostic Profile
The rate for this assistance level is a total one-time charge per member of $2,800, which
includes all expenses.
2. Assistance Level2: Inspection of Sites, Development of Transition/Barrier Removal Plans
The hourly rate is $98 per consultant, plus actual expenses. Any amounts for services
provided beyond the $16,500 per-member funding allowance will be billed to Authority for
payment.
DACTrak Software License
Members that have DAC perform inspections of all facilities and public rights of way
(Assistance Level 2) shall receive a one-year DACTrak software license at no cost to either
the member or the Authority.
In all other instances, the Authority shall pay the first year of the DACTrak software license
fee for the member.
Any DACTrak software license fees beyond the first year shall be paid by the member and
not by the Authority.
The DACTrak annual software license fee is $2,000.
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 Authotity and may include
mileage at the IRS rate, hotel, meals, rental car, airfare (no first-class flights) and travel time.
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