HomeMy WebLinkAboutAGENDA REPORT 2017 0906 CCSA REG ITEM 10I ITEM 10.1.
CITY OF MOORPARK,CALIFORNIA
City Council Meeting
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MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: 1114
Teri Davis, Program Manager`�air
DATE: August 29, 2017 (CC Meeting of 09/06/17)
SUBJECT: Consider Memorandum of Understanding (MOU) with California Joint
Powers Insurance Authority for Americans with Disabilities Act (ADA)
Assistance Program
BACKGROUND AND DISCUSSION
Access to civic life by people with disabilities is a fundamental goal of the ADA. To ensure
this goal is met, Title II requires State and local governments to make programs, services,
and activities accessible to persons with disabilities. All public entities, regardless of size,
must comply with Title II's requirements. Title II of the ADA requires all cities to perform
self-evaluations of programs and services provided by the cities to determine whether ADA
requirements are being met. Should the self-evaluations reveal unmet needs, cities must
make modifications to comply. Whenever a city with fifty or more employees determines
the need for modifications, that city must develop an ADA Transition Plan to delineate
parameters for those modifications.
The City of Moorpark (City) adopted an ADA Transition Plan and Self-Evaluation in June
2010, both of which were developed by staff. Staff performed inspections of facilities and
programs during the ADA Self-Evaluation, and the ADA Transition Plan identified unmet
requirements (revealed during the ADA Self-Evaluation) to be corrected over a three-year
period of time. Staff did not provide a detailed inspection of the public rights-of-way at that
time. The majority of the suggested corrections were in facilities and parks that were
considered by the City to be in compliance with ADA standards when they were built. Staff
prioritized the modifications so a substantial number could be completed quickly.
Since the time of the City's June 2010 adoption of the ADA Transition Plan, the ADA
Standards for Accessible Design was revised, resulting in additional compliance measures
that were not included in the City's 2010 ADA Transition Plan. In April 2015, Staff attended
an ADA Requirements Seminar, provided by the California Joint Powers Insurance
Authority (Authority), of which the City is a member agency. Part of the presentation
emphasized that although the court systems were once lenient due to the onerous nature
of the ADA, the court systems no longer tolerate noncompliant entities, because the ADA
was initially adopted in 1990 (27 years ago). In light of the revisions to the ADA that took
place after the City adopted the ADA Transition Plan, and the new court trend, staff
397
Honorable City Council
September 6, 2017
Page 2
determined a new ADA Self-Evaluation should be performed and a new ADA Transition
Plan should be developed.
The Authority has selected the City of Moorpark to be a recipient of the Authority's ADA
Assistance Program (Program). The purpose of the Program is to assist member agencies
in achieving compliance with ADA laws by providing technical and financial resources to
Authority member agencies. Because ADA compliance is important, the Authority's
Executive Committee approved funding to member agencies that work with the Authority's
ADA consulting firm while developing ADA Self-Evaluations and Transition Plans. The
consultant is retained by the Authority to assess a member agency's ADA compliance
(through inspecting physical structures, evaluating programs and services, and developing
transition plans; providing ADA compliance tracking software).The Authority will fund up to
$23,500, the sum of$16,500 towards public rights-of way and facility inspections, $5,000
towards policy, procedure, and practices evaluation, and $2,000 towards a tracking and
report generating database, with the rights to the database, including training, for a period
of one year. Should the City extend the use of the database beyond the first year, the City
will be responsible for the licensing fee of $2,000 per year for an unlimited number of
users. If the City does not extend the use of the database beyond the first year, the data
can be downloaded and provided to the City in another format, such as an Excel
spreadsheet.
Disability Access Consultants (DAC), a consultant retained by the Authority, submitted to
staff a Proposal (Attachment 1) to develop the City's 2017 ADA Self-Evaluation and ADA
Transition Plan. The services provided by DAC.'s certified ADA inspectors would be
performed in full compliance with the ADA. The Proposal states that the ADA Self-
Evaluation, would be completed in 12 weeks and the ADA Transition Plan would be
completed in an additional 8 weeks,totaling 20 project weeks,for the amount of$143,800.
During the 20 project weeks, DAC would perform site inspections, develop a
comprehensive list of needed corrections, project the cost for each correction, review
documents and programs, and seek input from the public. The Proposal also includes a
tracking database that records the site inspections, captures photographs of inspected
areas, items to be corrected (if any) what corrections were made, when corrections were
made, and costs associated with those corrections. Table 1 provides a summary of the
Cost Proposal, detailed in Attachment 1, less the Program Funding amount.
• DAC Cost Summary
Survey of City Facilities and Parks $71.800
Survey of Public Rights-of-way 65,000
Review of Policies, Procedures and Practices 5,000
DACTrak Licensing for Year One 2,000
Total $143,800
Less Authority Program Funding -23,500
City's Total Payment to Authority $120,300
Table 1. Cost summary showing DAC costs with City and Authority payables
The City, as a member agency of the Authority, is eligible to work with DAC to prepare the
City's 2017 ADA Self-Evaluation and Transition Plan and receive a funding allowance
398
Honorable City Council
September 6, 2017
Page 3
under the Program (Exhibit A of Attachment 2). Should the City participate in the Program,
the City would not execute an agreement with DAC and the Agreement between the
Authority and DAC (Agreement), included as Exhibit A of Attachment 2, allows member
agencies of the Authority to be an Additional Insured and become an Indemnitee. Under
the Agreement, the Authority would pay DAC directly and invoice the City for the services
provided by DAC. The Authority would not invoice the City for the entire amount of the
services, as the City would be a recipient of the Program funding. Program funding is
provided to member agencies without the expectation of a match or repayment. To
participate in the Program, the City would be required to sign the MOU (Attachment 2).
FISCAL IMPACT
Funding for partnering with the Authority and DAC to develop the 2017 ADA Self-
Evaluation and Transition Plan has been included in the FY 2017/18 budget and no
additional appropriation is requested.
STAFF RECOMMENDATION
Authorize the City Manager to sign the MOU.
Attachment 1: Proposal
Attachment 2: Authority MOU w/Exhibit A: Agreement between Authority and DAC
Attachment 3: Authority ADA Assistance Program Guidelines
399
Attachment 1
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City of Moorpark
Proposal for Accessibility Services
AMERICANS WITH DISABILITIES ACT (ADA) SELF-EVALUATION AND
TRANSITION PLAN
January 12, 2016
Updated January 10, 2017
Disability Access Consultants
2243 Feather River Blvd
Oroville, CA 95965
DAC
400
COVER LETTER
January 12, 2016
Updated January 10,2017
To: Ms.Teri Davis-Program Manager
Administrative Services
City of Moorpark
799 Moorpark Avenue
Moorpark,CA 93021
Re: Americans with Disabilities (ADA)Self-Evaluation and Transition Plan
Firm Information: Disability Access Consultants (DAC)
Southern California: 17777 Center Court Drive,Suite 600,Cerritos,CA 90703
Headquarters: 2243 Feather River Blvd,Oroville, California 95965
Project Manager: Barbara Thorpe, President
bthorpe@dac-corp.com Phone: 1-800-743-7067
We appreciate the opportunity to submit our statement of qualifications and proposal for providing consultant
services for an Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan for the City of
Moorpark public facilities and public rights-of-way.
As you may be aware,under Title II of the ADA,the City of Moorpark is required to have a continually updated
and current Self Evaluation and Transition Plan. Title II entities, such as Norwalk may be at significant risk for
claims and litigations by not having a current plan.Also,recent inquiries and enforcement activities by the DOJ,
Caltrans and HUD have shown that Cities can be at risk of losing or not being able to receive their state and
federal pass through funding should you not have a current plan in place.
DAC has extensive experience in the evaluation of program and facility accessibility and provides a full
continuum of Americans with Disabilities Act (ADA) and accessibility services for public entities, such as the
City of Moorpark. Founded as a California corporation and woman owned business in 1998, DAC has provided
services for the past 18 years to assist public entities to comply and implement accessibility requirements in
accordance with the ADA,Title 24 of the California Building Code, Section 504 and related federal, state and
local disability-related nondiscrimination laws and regulation. DAC has conducted over 15,000 building
inspections, surveyed thousands of parks and playgrounds, thousands of miles of sidewalks and performed
hundreds of programmatic reviews and self-evaluations to study the accessibility of programs, services,
activities, events and related areas. DAC has a comprehensive understanding of applicable standards,
regulations and requirements under Title II of the ADA,California Building Code and related state accessibility
standards. DAC has completed over a hundred similar studies.
DAC has also been working on a project for the Department of Transportation in Washington,D.C.to develop
a pilot study for potential duplication of methodologies in other geographic areas, using tools and standards
for public rights-of-way accessibility reviews by means of a software program to update and manage the ADA
public rights-of-way transition plan. DAC is providing recommendations for best practices and technologies
for the DOT.
To provide for easy management of the transition plan and documentation of compliance efforts, DAC has
developed web-based software called DACTrak. DACTrak is a powerful tool to manage and update the •
transition plan, project costs and document progress. Custom reports can be printed in a variety of formats.
Respectfully submitted by Barbara Thorpe, President
Disability Access Consultants Proposal to the City of Moorpark for ADA Consulting Services 1 4 0 1
FIRM ORGANIZATION AND DESCRIPTION OF QUALIFICATIONS
Disability Access Consultants was founded as a woman owned California Corporation in 1998,DAC has provided
services for the past 18 years to assist public entities to comply and implement accessibility requirements in
accordance with the ADA, Title 24 of the California Building Code, Section 504 and related federal, state and
local disability-related nondiscrimination laws and regulation. DAC has extensive experience in the evaluation
of program and facility accessibility and provides a full continuum of Americans with Disabilities Act(ADA)and
accessibility services for public entities,such as the City of Moorpark.
As our founder, Barbara Thorpe, worked with a public entity for 19 years as the ADA Coordinator, 504
Coordinator, and Director of Planning and Compliance, she has extensive experience working with individuals
with disabilities and organizations representing individuals with disabilities. In addition, she has collaborated
with individuals with disabilities and organizations that represent individuals with disabilities in a facilitative
manner that has benefited city governments during her work with other municipalities. Barbara and the DAC
team members have demonstrated the ability to engage and interact with individuals and organizations to
assist with the prioritization, long range planning and implementation of the ADA plan.
DAC has a team of 16 staff, with our Facility Team Leader Michael Boga holding CASp Certificate #152,
dedicated to assisting public entities,such as the City of Moorpark,with
ADA compliance. DAC has a comprehensive understanding of
applicable standards, regulations and requirement under Title II of the - ,
ADA,California Building Code and related state accessibility standards.
DAC has a reputation to being responsive to the client's needs, .R'S
providing on-time project completion within budgets. DAC has a
proven track record for comprehensive experience in conducting ADA
Self Evaluations and Transition Plans, implementation and related
services.
Other public entities for which DAC has provided similar services include Fair Oaks Recreation and Park District,
Padre Dam Water District, Hayward Parks and Recreation, 15 California Fairs, 160 California public school
districts, and several large Joint Power Authorities and insurance carriers for groups of public entities.
DAC is currently assisting the California Joint Powers Insurance Authority (CJPIA) members, of which the City
of Moorpark belongs, to assist members with ADA compliance at a discounted rate. DAC has been assisting
several Joint Power Authorities in Sacramento and El Dorado County since 2000 and currently provides
updates, consultation, plan reviews and expert witness services. DAC has worked with public entities of all
sizes, from one site to 506 sites. Members of the DAC team have also served as expert witnesses to assist
public entities to defend their current practices and ADA plan. DAC has only served on the side to assist public
entities to defend their practices and plan and has never assisted with litigation against a public entity. Our
mission statement and philosophy embrace the enhancement and assistance to our clients to build an ADA
accessibility plan while documenting previous and current compliance methods.
Over the 18 years of serving our clients, DAC has demonstrated financial stability, staff stability and has a no
claims insurance record.
DAC provides a full continuum of professional services that include, but are not limited to:
• Facility inspections
• Self-evaluations for ADA and Section 504 of the Rehabilitation Act
• Policy review and development
• Transition plans
• Public rights-of-way surveys
• Consultation
• Accessibility compliance intake and management software—DACTrak
• DACTrak training to conduct your own inspections
Disability Access Consultants Proposal to the City of Moorpark for ADA Consulting Services 2
402
• Expert witness services
• Plan reviews
• ADA Plan implementation assistance and consultation
• Outdoor developed and recreational areas (pools, parks,trails,camping areas)
• NPSI playground safety inspections
• ADA Playground inspections
DAC utilizes the appropriate standard(s)for the inspection that may include, but is not limited to:
• ADA 2010 Standards
• California Building Code
• ADA-ABA
• UFAS
• ANSI
• Section 504 of the Rehabilitation Act
• Outdoor developed and recreational standards
• National Playground Safety Institute(NPSI)standards
• PROWAG—Federal Public Rights-of-way Guidelines
• Federal Highway Administration's Manual on Uniform Traffic Control Devices (MUTCD)
Our firm stands out in the public entity arena due to proven performance in a wide range of services, from
programmatic and policy reviews, facility inspections, transition plans, consultation, plan reviews and expert
witness services. We excel at providing a comprehensive assessment of our clients'current status by preparing
a study of all areas related to accessibility in different departments to document ongoing compliance.
Innovative Tools,Strategies and Best Practices
Based on experience and knowledge of the accessibility field and best practices, DAC continues to develop
innovative methodologies,easy to use ADA management tools,and proven,successful strategies for evaluating
programs,services,activities,events,facilities,parks and public rights-of-way.DACTrak was developed by DAC
for the purpose of easy and useful importing and management of the accessibility data collected in the field.
DACTrak is interactive web-based software and is not an enhanced Excel spread sheet.The ability to collect,
compile,analyze and use report data in a practical format was one of the driving forces to develop the DACTrak
intake and management software.
Our DAC accessibility management software, DACTrak, provides our clients with a powerful management tool
to document compliance, project costs, print custom reports and record progress. DACTrak is not an Excel
spreadsheet, but actual software that has been developed by our company to assist with the implementation
and documentation of the City's ADA plan and provides photographs of as-is site conditions,which has proved
to be valuable documentation. Findings and recommendations, in addition to other data are preloaded into
the DACTrak software. As DAC owns and licenses the DACTrak software, we can make custom modifications
for our clients.
The DAC team members proposed for the City of Moorpark project have worked together on similar projects.
A few projects are listed below. References and a description for the scope of work are provided for several of
the following recent California projects:
• City of San Clemente
• City of Palos Verdes Estates
• City of Palm Springs
• City of Fountain Valley
• City of Los Alamitos
• City of Pismo.Beach
• County of Kern
• City of Modesto
Disability Access Consultants Proposal to the City of Moorpark for ADA Consulting Services 3 4 0 3
• City of La Quinta
• City of Newport Beach
• City of Claremont
• City of Huntington Beach
• City of Modesto
• City of Manteca
• City of Grass Valley
• City of Banning
• County of Butte
• Solano County
• City of Moreno Valley
• City of Palm Springs
• City of Cypress
• City of Lincoln City
• Calaveras County
• Desert Recreation District
• Fair Oaks Recreation and Park District
• City of Glendale
• City of Oroville
• City of Clovis
• County of Santa Clara
• County of Shasta
• Town of Paradise
• City of Laguna Woods
DACTrak Accessibility Management Software
The accessibility management software is included at no cost to the City for the first year as the cost is paid by
the CJPIA. If the City decides to continue with the use of the web-based management software after the initial
year, the cost is $2,000 per year and includes unlimited seat licenses. If the City decides not to continue the
use of DACTrak,the City's data will be exported into a format such as excel. The use of the DACTrak software
includes the storage and maintenance of the City data. If the City decides not to continue to use the web-based
DACTrak Accessibility Management System to maintain, update and document compliance of the ADA plan,
the data can be transferred to an Excel spreadsheet or an alternate format. DAC has found that usable and
easy to manage software (instead of Excel spreadsheets) is imperative to maintaining and updating the ADA
plan.
Categories can be customized and findings organized as demonstrated in the screen shots of the DACTrak
software included in the supplemental materials Appendix.
Welcome,mboga I Support I Sign Out I Help
DACTrak
Select a Client:
City of La Quinta E
Project Portfolio for City of La Quinta
City of Laquinta
Intersections
Parks
Sidewalks
Trails
Buildings
Disability Access Consultants Proposal to the City of Moorpark for ADA Consulting Services 4
404
PROJECT TEAM STAFFING AND RESUMES
Disability Access Consultants (DAC) has a dedicated team of fourteen professionals with backgrounds in
administrative leadership roles with public entities, construction and code enforcement. DAC is an equal
opportunity employer and our team composition includes minority and veteran representation.The team has
worked together on numerous ADA compliance projects with City governments and public entities. DAC works
with several large JPA's and insurance pools to assist public entities with ADA compliance.
City Contacts
City of i
Moorpark
Barbara Thorpe
Project Manager
I1 1 1
Michael Boga r
Srikant Talasila CASp-152,ICC Jennie Grover
Director of IT Facility Team Leader/ Director of
Quality Control f \ Operations
Candice Pursch
Field Inspection Supervisor
Field Inspectors(4-6)
1
The DAC team has a proven record to provide on-site services in a collaborative and efficient manner. DAC has
experienced team members who have worked with public entities for successful and on time completion of
numerous projects. Necessary staff members have ICC, NPSI, and CASp certification. A CASp certified Team
Leader will be involved with the project and field evaluations. The project team is organized to provide a
representation of skills needed to accomplish the project objectives. In addition, teams that have worked
together previously will be assigned to the City of Moorpark project. Following are descriptions of key team
members'qualifications and their assigned roles.
Barbara Thorpe,M.Ed., LOT
DAC Project Manager
As DAC Project Manager, Barbara will coordinate activities and schedules and report to the City designee.
Barbara will serve in the leadership role regarding the ADA Self-Evaluation of programs,services,activities and
events along with the review of policies and procedures. Barbara brings twenty years of experience in public
administration and providing services to individuals with disabilities to Disability Access Consultants. As an
administrator in a public entity, Barbara provides unparalleled understanding of the application of the
Americans with Disabilities Act and related legislation. In addition to assisting public entities with compliance
with the ADA, Barbara has conducted compliance reviews for the Department of the Interior to audit for
compliance with the ADA, Section 504 of the Rehabilitation Act and related civil rights laws and regulations.
Barbara has served as an expert witness for the Department of Justice, Office of the Attorney General.
Additionally, Barbara is a licensed occupational therapist. Barbara served on the Division of State Architect
Advisory Board and served as the vice-chair for the DSA Access Compliance Committee. Barbara has worked
on over 200 public entity projects that are similar to the City.
Disability Access Consultants Proposal to the City of Moorpark for ADA Consulting Services 5 405
Michael Boga, B.A. Education, California Certified Access Specialist, ICC Accessibility, Usability and Plans
Examiner
Facility Team Leader
As manager of the production and the inspection team, Michael brings a unique blend of experience in the
building industry along with his understanding of individuals with disabilities to the accessibility team. Michael
is a certified accessibility specialist through the International Conference of Building Officials(ICC),certified in
Accessibility, Usability and Plans examination and is California certified CASp inspector #152. Michael has
completed the updated DSA courses regarding the 2010 California Building Code. Michael has provided
numerous staff development sessions to public entities regarding accessibility requirements. If requested,
Michael would provide training, assist with plan reviews and review new work completed for compliance, as
requested.Mike has worked on over 260 projects that are similar to the City of Moorpark.
Jason Katz, B.S. Urban Planning,B.A. Sustainability and Urban Dynamics
DAC Accessibility Specialist
Jason brings to DAC a background in civil design with degrees in Urban Planning and Sustainability/Urban
Dynamics. Jason is also certified in Geographic Information Science and Auto CAD. Prior to becoming an
Accessibility Specialist with DAC, Jason has worked on projects to compare and estimate future urban area
population density differences using ESRI ArcMap 10, and also worked with the City of Mesa,Arizona to help
establish green building codes for City owned buildings.
Srikant Talasila
Director, Information Technology
Srikant brings many years of experience with information technology and management information services
from a large corporation. He has the ability to categorize and organize large volumes of information regarding
public and school facilities into a manageable database. He provides training and consultation to our clients in
the use of DACTrak. Srikant would work directly with City of Moorpark staff to train and assist with the data
entry and management of data.
Jennie Grover
Director of Operations
Jennie draws on her experience in technical writing to provide leadership and management of the production
and technical writing team, organizing the completion of technical reports, as well as managing production
schedules,staff and timelines.
CLIENT REFERENCE UST
The following are a few of the most recently completed references for scopes of work similar to the City of
Moorpark that include City and County Governments and Park Districts. Numerous additional references are
available.
City of Fountain Valley • ADA Self-evaluation and transition plans of buildings, parks,
Temo Galvez intersections, sidewalks and public rights-of-way.The City was
Deputy City Engineer provided DACTrak Accessibility Management Software to
10200 Slater Avenue manage the implementation of the plan, document resources
Fountain Valley,CA 92708 needed and document progress.
Phone: (714)593-4517 • The ADA Self-Evaluation of programs,services and activities to
Temo.galvez@fountainvalley.org determine if any were discriminatory for individuals with
disabilities was completed by DAC.
Contract End Date: May 2011-Ist Contract;additional 2014 work
Contract Amount: $125,000
Disability Access Consultants Proposal to the City of Moorpark for ADA Consulting Services 6 4 0 6
City of Palos Verdes Estates • ADA Self-evaluation and transition plans of buildings, parks,
Sheri Repp Loadsman golf course, pools, parking lots, concessions, and public rights-
Planning and Building Director of-way.
340 Palos Verdes Drive West • The City was provided DACTrak Accessibility Management
Palos Verdes Estates, CA 90274 Software to manage the implementation of the plan,
Phone: (310)378-0383 document resources needed and document progress.
srepp@pvestates.org • DAC is assisting with the development of an ADA Self-
evaluation
• DAC is providing assistance to the City for analysis of City vs.
private entity upgrade obligations of leased sites.
Contract End Date: 2014,consultation in 2015
• Contract Amount: $52,300
City of Claremont • DAC provided ADA Self-evaluation and transition plans of
Jeff Baughman buildings, parks, intersections, roadways,sidewalks and public
Building Official rights-of-way.
207 N Harvard Avenue • The City was provided DACTrak Accessibility Management
Claremont, CA 91711 Software to manage the implementation of the plan,
Phone: (909)399-5477 document resources needed and document progress.
jbaughman@ci.claremont.ca.us • DAC also conducted the ADA Self-Evaluation of programs,
services and activities to determine if any were discriminatory
for individuals with disabilities and provided the City with an
Executive Summary detailing the results and
recommendations.
Contract End Date: 2014
• Contract Amount: $112,500
County of Butte • DAC is currently working with the County to inspect County
Grant Hunsicker facilities for compliance with the Americans with Disabilities
Director of General Services Act and California Building Code.
2081 2nd Street • DAC is also performing a review of County policies, grievance
Oroville,CA 95965-3413 procedures and public notices to evaluate their compliance
Phone: (530)538-2511 with the ADA and suggest alternatives if necessary.
Ghunsicker@buttecounty.net • DAC is assisting the County in developing their updated
transition plan.
• DAC has provided training to County staff on ADA compliance,
methods for reasonable accommodations, and effective
communications with individuals with disabilities.
Contract End Date: 2015
• Contract Amount: $91,000
County of Solano • DAC is currently performing ADA Accessibility surveys of
Rosa Lane,PhD,AIA, LEED AP County facilities using the DACTrak Accessibility Management
Associate County Architect software.
Division of Architectural Services • DAC is also assisting the County to perform a Self-Evaluation of
675 Texas Street,Suite 2500 services, policies, programs and practices.
Fairfield,CA 94533 • County staff is using DACTrak to update and implement their
Phone: (707)784-7908 Transition Plan.
rmlane@solanocounty.com
Contract End Date: 2015
Contract Amount: $260,000
Disability Access Consultants Proposal to the City of Moorpark for ADA Consulting Services 7 4 0 7
City of Newport Beach • ADA Self-evaluation and transition plans of buildings, parks,
Fong Tse intersections, roadways, sidewalks and public rights-of-way.
Principal Civil Engineer The City was provided DACTrak Accessibility Management
3300 Newport Boulevard Software to manage the implementation of the plan,
Newport Beach,CA 92663 document resources needed and document progress.
Phone: (949) 644-3321 Contract End Date: April 2013
FTSE@newportbeachca.gov
Contract Amount: $150,000
County of Shasta • DAC is training County staff to use DACTrak to perform self-
Thomas Forbish inspections of County facilities using the DACTrak Intake
Facilities& Fleet Divisions Manager inspection software.
Facilities&Fleet Services Division • The County is also using the DACTrak online management
1958 Placer Street software to update the County's transition and barrier removal
Redding,CA 96001 plan.
Phone: (530) 225-5659
tforbish@co.shasta.ca.us Contract End Date: Current project (City staff uses DAC tablet to
complete their own inspections)
Contract Amount: $25,000
City of La Quinta • ADA Self-evaluation and transition plans of buildings, parks,
Terry Deeringer intersections, roadways, sidewalks and public rights-of-way.
Human Resources/General Services The City was provided DACTrak Accessibility Management
Manager Software to manage the implementation of the plan,
78495 Calle Tampico document resources needed and document progress.
La Quinta,CA 92253 • The ADA Self-Evaluation of programs,services and activities to
Phone: (760)777-7041 determine if any were discriminatory for individuals with
Tdeeringer@la-quinta.org disabilities was completed by DAC.
Contract End Date: 2012&ongoing consultation
Contract Amount: $100,000
City of San Clemente • ADA Self-evaluation and transition plans of buildings, parks,
Johanne Thordahl piers, beach areas, golf course, pools, beach concessions,
Risk Mgmt.Analyst lifeguard areas,trails and public rights-of-way.
100 Avenida Presidio • The City was provided DACTrak Accessibility Management
San Clemente,CA 82672 Software to manage the implementation of the plan,
Phone: (949)361-8203 document resources needed and document progress.
ThordahlJ@san-clemente.org • The ADA Self-Evaluation of programs,services and activities to
determine if any were discriminatory for individuals with
Sam Penrod disabilities was completed by DAC.
Human Resources Manager • DAC also assisted with the resolution of two complaints.
100 Avenida Presidio
San Clemente,CA 92672 Contract End Date: 2012,ongoing consultation
Phone: (949)361-8313 Contract Amount: $70,000
PenrodS@san-clemente.org
Disability Access Consultants has never been removed from a project or disqualified from proposing on a
project.
SUBCONSULTANTS
DAC does not use subcontractors or subconsultants, as DAC prefers team members that have direct
accountability and training by DAC to provide a seamless project delivery and interaction with City staff.
Disability Access Consultants Proposal to the City of Moorpark for ADA Consulting Services 8 4 0 8
SCOPE OF WORK
Disability Access Consultants (DAC) understands that the City of Moorpark (City) is seeking a qualified firm to
inspect,evaluate and prepare reports identifying potential barriers in the City-owned buildings, parks, parking
lots and public rights-of-way.
The inspections will identify barriers or potential barriers in accordance with applicable Federal and State
accessibility standards and regulations. In addition, it is understood that DAC will assist the City in developing
a schedule for barrier removal over time in a cost effective and realistic manner,using programmatic solutions
where available.
In order to successfully complete the project activities in a timely manner, DAC will work closely and
collaboratively with the City of Moorpark without imposing unnecessary interruptions or burdens to City staff.
During the past 18 years, Barbara Thorpe and her team have developed ongoing working relationships with
City and County governments and have worked diligently to have clear lines of communication.
DAC has the extensive knowledge and experience with all Federal and State regulations during the past 18
years in business,that includes, but is not limited to the ADA up to and including the current 2010 American's
Disability Act Standards(ADAS), 28 Code of Federal Regulation (CFR)35,Title 24 California Building Standards
Code, Title II of the ADA, PROWAG, MUTCD, Section 504 and related Federal and State Standards and
Regulations.
Value Added Items to Enhance the Project at No Additional Cost or that Provide a Cost Savings
In addition to the above understandings and confirmations, DAC has found through its experience of working
with City and County Governments and Joint Power Authorities,such as the California Joint Powers Insurance
Authority, of which the City of Moorpark is a member, that certain other items enhance the level of success
and implementation of ADA Transition Plans and Self-Evaluations by public entities.
The California JPIA(CJPIA) offers a discounted price to its members that has been negotiated with DAC. The
CJPIA is also assisting members,such as the City,with costs for selected services for ADA compliance.
The use of DACTrak by City staff to conduct surveys at facilities, process reports and manage the information
to implement and document the plan may assist the City to more efficiently and effectively achieve the City's
project objectives and will provide longevity to the plan.
As an additional value at no cost, DAC provides at least one photograph of each noncompliant accessible item
or element, a record number for reference, estimated costs and other features to assist with the
implementation of the Transition Plan. To provide for easy management of the transition plan and
documentation of compliance efforts, DAC has developed web-based software called DACTrak. DACTrak is a
powerful tool to manage and update the accessibility plan, project costs and document progress. Custom
reports can be easily prepared, printed and saved in a variety of formats.
Disability Access Consultants (DAC) includes the following additions at no additional cost:
• Noncompliant findings and recommendations are included in the DACTrak software
• One or more photographs of each noncompliant finding are included
• Additional photographs can be viewed of the noncompliant item by one click
• DACTrak provides a method to schedule and track the barrier removal
• Documentation of progress and compliance using the progress reporting feature of DACTrak
• Priorities can be established and further refined using DACTrak
DACTrak provides for an organized input method that captures all of the information gathered from the site
inspections with photographs for each noncompliant finding. In essence,all of the field information is captured
in a web-based software package and provides for "green" data collection and avoids paper and pencil
checklists and unorganized photographs. DACTrak can also be used on a tablet pc to add new facilities and
update compliance assessments and transition plans.
Disability Access Consultants Proposal to the City of Moorpark for ADA Consulting Services 9 4 0 9
DAC has also found that having usable"software"and not just a database is very important to be able to easily
manage and update the transition plan. Our extensive experience with clients needing to have an easy to
manage and update plan was the catalyst for DAC to develop our DACTrak software for use by our clients.
Thus,other critical issues include:
• Software to update and manage your Transition Plan
• The ability to document progress and barrier removal
• The ability to print custom reports
• The ability to update the plan "automatically"when codes change without re-inspecting sites
• The ability to project costs
• The ability to add or delete facilities . La, V.„ W",,
' Park Ing Spaces Desc,y,ttan:V mug*p"rtr,gs �-
DAC's collection of actual measurements of as-is Space Type:wetAccssWle �J
conditions and GIS information for public rights- Pa*�g mea �aa: DN,�e*sues 33
of-way is another value added item. The
°spBCe°'��P�^ �sisharnagedsou
collection of an as-is condition is a valuable asset Nates ""'" ttaDo Length.216 00
SNye:2.00 H p,Attesseie Norte
to allow the user to make an informed decision VerYA Oea,a,re.199.00 nit Trawl Ballet Other
based on an actual measurement. For example, if "r"— 1-P edvel*le„N,,EncroachIntoPath",,,ael
a "yes” or "no" approach is utilized to indicate if Has ISA Symbol
an item is compliant,the user may not know whatIgoe Width.MI
r'�""" `""""�"`�"P'ad'"tee Length.>bdo
the actual level of noncompliance is and would ��AlaWhae� �
''I o ISA is faded a Damaged
not be able to set a priority or severity rating. If [+J Has Accessible Skimp
codes change, the information collected can bei Sig,Type:Wal
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. 's At
'ad
reprocess without the need to re-inspect, thus Length:NM Cities ISA Symbol
Wldlh:llm utas Van-Arrns6M SO,
providing longevity of the plan and internalmoon^---
apaiJNg Lot ,. ,1elght frFro.6gnmoog,
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capacity of the City in a cost effective manner.
ParkYg I Dau ActeasiYe Aisle
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SCOPE OF WORK OVERALL PHASES
DAC proposes to execute the project in two phases. Detailed activities and deliverables are provided in the
following scope of work description.
Phase I:Study and Evaluation-Self-Evaluation/Facility Survey/Barrier Assessment
a) DAC will conduct an initial project kick-off meeting, if requested, with selected City of Moorpark staff to
establish roles and lines of communication, refine project goals, review the overall project schedule,
schedule surveys of City of Moorpark facilities and identify key City of Moorpark personnel related to the
project scope. Initial self-evaluation activities will be completed during this step.
b) The initial orientation meeting should include an assessment of previous compliance activities and areas
of current or potential litigation. The review of compliance activities and high priority areas will assist with
the development of an overall project plan. The review and documentation of prior initiatives will also
build a more defensible plan if the City is challenged by litigation.
c) DAC will conduct field surveys of the buildings and facilities listed in the property schedule,as well as the
City maintained public rights-of-way to sidewalks,curb ramps and signalized intersections.
d) Surveys will identify all physical barriers (interior and exterior) including the path of travel in and around
the facility and from the public right-of-way at each site in accordance with Title 24 of the California
Building Code and the ADA Standards(previously referred to as ADAAG).
e) DAC currently provides geographical information (latitude and longitude) for each identified exterior
barrier in the public right-of-way that can be incorporated into the City's Geographical Information System
(GIS). DAC incorporated the map-linked GIS feature based on the needs of many of our City and County
clients. DAC uses a comprehensive approach to inspecting public rights-of-way (PROW). In order to
conduct an assessment of all the requirements in the PROW, DAC conducts manual measurements of the
field conditions and enters the information into our DACTrak pc tablet in the field. DAC has found that the
Disability Access Consultants Proposal to the City of Moorpark for ADA Consulting Services 10 4 1 o
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%z inch, no actual quantifiable information is reported of how much greater or of the severity.
In order to get the actual measurements for the sidewalks and intersections, the use of a "profiler" does
not provide the measurements needed for items such as automated pedestrian signals and street
furniture.
f) As required by the ADA, the 2010 ADA Standards will be compared with state codes (Title 24 of the
California Building Code) and the standard that provides the greater level of accessibility utilized. As DAC
collects as-is field conditions and records all information,data can be reprocessed if codes change without
conducting a re-inspection,thus resulting in a significant savings when codes change and the plan needs
to be updated.
g) Provisions and standards for historic buildings will be applied as appropriate.
h) Assessments and reports will include a high degree of detail with photographs, code references, and cost
estimates. The DACTrak software and reports will include additional specifics,such as as-built dimensions,
progress reports, additional prioritizations, preset reporting features and other custom reports. Reports
will be delivered in the format requested, and reports will also be available using DACTrak. The inclusion
of photographs showing the as-is condition has proven to be valuable assistance to clients in the
formulation of the decisions regarding barrier removal priorities.The DACTrak software provides an easy
to use accessibility management platform that exceeds the ability to manage the plan by hard copies and
binders. The assessment report of each facility will include cost estimates to correct deficiencies in
accordance with the ADA,Title 24 of the California Building Code.
i) Barriers are identified by building,floor, or location and given a unique identifier record number(UIN)to
assist with navigation in the accessibility software and location of the finding and recommendation by area
and site. Estimated applicable costs will be given by item and element in accordance with industry
standards. Costs can be easily adjusted to adhere to any cost estimates the City may utilize.
j) Physical access problems that require structural solutions will be documented in the Compliance
Assessment/Transition Plan. The proposed method for removal will be provided.The transition plan will
identify physical barriers that may limit accessibility of City programs, services or activities for individuals
with disabilities. The schedule for removal of barriers and appropriate timelines will be developed in
consultation with the City.
k) The field survey information will be presented to the ADA Compliance Team as requested using the
DACTrak web-based accessibility management system. Many different types of reports will be available
for the City. Feedback will be incorporated as appropriate.
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.
Phase II: Implementation Phase-Transition Plan Development
a) DAC will develop, in collaboration with the City a comprehensive ADA Self-Evaluation and Transition plan
for facilities, buildings, parks and public rights-of-way.
b) DAC will develop a first draft of the ADA Transition Plan with recommended priority levels.
c) DAC will meet with the City to review the draft document and incorporate-any comments, changes or
feedback.
Disability Access Consultants Proposal to the City of Moorpark for ADA Consulting Services 11 411
d) DAC will assist the City to conduct public outreach activities that may include website announcements,
postings, surveys, announcements, individual meetings and other activities as requested.
e) DAC will prepare and produce a second draft if necessary with a detailed description of the barrier and the
proposed method for barrier removal.
f) DAC will train the City in the use of the
DACTrak web-based accessibility
management system to prepare reports as Ea"ty:a°°""""'
Parking-Exterior:Parkins Lot,Parking Spare
well as update and manage the ADA Plan. Park ngokU/park Avenge
tett Accessible Space
g) DAC will provide an executive summary of Parking Spare Wiatk
Fmmng a a.wng sp.r.w.
the project. ;a,�rPa°edaa=9a�oo«�em,,mm
h) If requested, DAC can present the draft ADA a�"mmm�°a"�seepar4 ^ gt,ea,,, Ue
0.gstino.n�p'rmap gw
Transition Plan at a regularly scheduled
Citations
council meeting for discussion and for n_
informational purposes. DAC does not
recommend that the plan be adopted by the
City, as adoption is not required and may �' �! 1_1, Aa pa�o';�eTp o�"°" °/w"°""
cause additional discussion regarding N^µc°mma"
projected dates in the plan that are meant to Update Cancel
be "projected and estimated dates" and not
final dates of barrier removal.
i) DAC will provide the City with DACTrak, a web-based monitoring, tracking, and management system at
project completion. DACTrak allows users to review and update progress in barrier removal, and to
generate many different styles of reports to document progress. DACTrak contains one or more integrated
photographs that are attached to the finding, eliminating the need to reference another area or report
supplement.DACTrak is an actual accessibility management software,not just electronic database of items
contained in the Facility Survey Report. DAC has found that an electronic database or Excel format does
not provide the City with a tool containing integrated photographs needed to implement the plan, set
priorities, make notes and print custom reports. If the City does not want to use the software, the data
can be placed in an Excel spreadsheet.
• DAC will license DACTrak to the City to manage all of the field data collected, print custom reports,
document progress, estimate costs and perform other management functions;
• Data collected will be the property of the City should the City decide for any reason not to continue
to use the DACTrak accessibility intake and management software system;
• The California JPIA, of which the City is a member, has an agreement with DAC to pay for the use of
DACTrak;
• DACTrak will include and provide correlation with field data collected, reports, transition plans,
drawings,code references,estimated costs and photographs for each noncompliant accessibility item
or element;
• Reference maps for GIS information will be provided in addition to a linked mapping system for each
item;
• DACTrak provides a description, location and record number for each barrier that allows the user to
access the information and location
j) DAC will provide City staff with training regarding ADA Compliance from both a programmatic and
administrative point of view and also for facility management and maintenance.
Disability Access Consultants Proposal to the City of Moorpark for ADA Consulting Services 12
412
COST PROPOSAL
The total cost proposal includes all expenses and there are no additional reimbursable charges.
1. Survey of City facilities at the following costs: $71,800
1) City Hall
2) Community Center and Park
3) City Hall Annex
4) City Hall Modular Units
5) Storage/Rehearsal—Former Vector Control
6) Chamber of Commerce
7) Commercial Office Building
8) Former Public Works Office
9) Arroyo Center, Park and Well Houses
10) High Street Arts Center
11) Police Services Center
12) Library
13) Residential Properties (2)
14) Veterans Memorial
15) Ruben Castro Human Services Center
16) Rental
17) Restaurant/Rental
18) Mammoth Highlands
19) Magnolia Park
20) Walnut Acres Park
21) Poindexter Park
22) Villa Campesina Park
23) Glenwood Park
24) County Trail Park
25) Tierra Rejada Park
26) Mountain Meadows Park
27) Peach Hill Park
28) Monte Vista Nature Park
29) Miller Park
30) Virginia Colony Park
31) Campus Park
32) College view Park
33) Campus Canyon Park
Pricing for the inspection of Public Rights-of-way(PROW): $65,000
• 130 Miles of.Sidewalks,Curb Ramps •
• 22 Signalized Intersections
• 66 Bus Stops(20 Bus Shelters)
TOTAL COST FOR FACILITIES, PARKS AND PROW: $136,800
Disability Access Consultants Proposal to the City of Moorpark for ADA Consulting Services 13 413
2. Survey of an estimated 130 miles of City roadway miles, including sidewalks and curb ramps at a not to
exceed cost of$65,000 using the rate of$500 per linear mile of sidewalk. DAC will calculate the number
of miles of sidewalk surveyed to calculate a total fee based upon the miles surveyed only. For example,
if the amount of sidewalk miles is less than the amount allocated,the City will only be invoiced for the
linear miles of sidewalk surveyed.The information from the survey will be placed into DACTrak. PROW
surveys also include 66 Bus Stops(including 20 Bus Shelter)and 22 signalized intersections.
3. Review of policies, procedures and programs and assistance with public input at a cost of$5,000 which
is paid by the CJPIA for a net cost of zero.
4. DACTrak Licensing.As a CJPIA member the cost of DACTrak Software licensing is$2,000/year.The cost
includes unlimited seat licenses. Year one DACTrak licensing is paid by CJPIA.
Cost Summary:
1. Survey of Facilities and Parks: $71,800
2. Survey of PROW: $65,000
3. Review of policies, procedures,and public input assistance: $ 5,000
4. DACTrak Licensing $ 2,000
Total: $143,800
The preceding costs reflect a discounted price for members of the California Joint Powers Insurance Authority.
Costs were calculated using the CJPIA property schedule.
In addition,the CJPIA has a Master Agreement with DAC for an hourly rate of$98.00 per hour, plus expenses.
Time and expenses can be calculated and the City provided with either an hourly rate, plus expenses or a total
fixed price,whichever is less.
Possible Cost Saving Options
Cost savings options may be available and may include portions of the study being conducted by City staff. For
example, the Self-evaluation, policy review and public input may be conducted by the City ADA Coordinator
with guidance and assistance from DAC to result in a cost savings. In addition, although selected non-public
areas were deleted from the CJPIA Property Schedule(i.e. pump houses, lift stations),there may be other sites
that may be eliminated,thus resulting in a cost savings.
DAC has found that a combination of training in the classroom and in the field for practical, hands on
application works best.DAC has trained several public entity clients to conduct their own inspections using the
DACTrak tablet. The DACTrak tablet guides the user through the inspection and asks for specific
measurements. If a measurement is not taken and added to the electronic intake sheet,the software prompts
the user to add the required information and touch the camera icon to take one or more pictures of each item.
Thus,the"smart technology"of the software improves the consistency and quality of the inspection and lends
itself to users other than DAC inspectors for a cost savings.
Reports are generated after completion of the field intake,offering a quick turnaround and report generation.
The quick turnaround time and easy access of password protected data is valuable for public entities that need
to fast track information and reports.The methodology also provides a cost effective process. DACTrak also
provides the opportunity for City of Moorpark staff to be trained to use the DACTrak intake tablet to capture
field data, which can then be viewed by an off-site City of Moorpark staff member accessing DACTrak.com.
Photographs are automatically captured using the intake software and are easily viewed online. Several
photos may be added for supporting documentation of each noncompliant finding. Additional photographs
can be added for other areas that may or may not be related to accessibility. Reports can be accessed in
-multiple formats, depending upon the needs of the City of Moorpark. Costs can easily be adjusted and
Disability Access Consultants Proposal to the City of Moorpark for ADA Consulting Services 14 414
1
maintained. DACTrak has seven preset priority findings. DAC will apply the state and federal recommended
priority levels, but will also further customize the priority levels based upon the magnitude of impact and use
by individuals with disabilities in public areas.
Due to the severe shortfall of funding for City of Moorpark and other City governments, DAC proposes
alternatives to DAC completing the entire ADA transition plan. DAC has worked with numerous City and
County governments and has provided individualized programs to meet their needs, sometimes in phases,to
enhance compliance with the ADA within the constraints of their budgets. Several strategies that the City of
Moorpark might utilize include, but are not limited to:
• DAC conducting accessibility surveys in phases, prioritizing the facility inspections for sites that have
high public use or high use by individuals with disabilities
• Using our DAC pc tablet, City of Moorpark employees can conduct their own inspections
• DAC conducts some of the inspections while City of Moorpark employees follow and receive in field
training
• DAC completes all project components in additional phases over multiple budget years
• Or a combination of the above alternatives
The cost saving alternative of City staff using the DACTrak tablet to complete the public right-of-way
inspections may be a viable alternative that will produce a cost savings.
SCHEDULE:SCOPE OF SERVICES SUMMARY BY ESTIMATED TIMELINES
Based upon experience, a project milestone chart is provided in weeks. It is estimated that the project will be
completed in five months,or sooner.The chart below is a summary of major milestones and is not necessarily
representative of all of the individual project activities.
Scope of Service—Activity or Task Weeks Weeks Weeks Weeks Weeks.
1-4 5-8 9-12 13-16 17-20
DAC Team Meetings with City; survey methodologies, deliverables
and schedule confirmation
Project planning,scheduling, procedures review
Field inspection data compiled (compiled on a daily basis and
available for review throughout the inspection process)
First Draft of ADA Transition Plan
Solicit and record feedback from the City, and members of the
community
Presentation to ADA Compliance Team of second draft ADA
Transition Plan
Final Draft
11
Deliverables completed and presentation to the City
Consultant Responsibilities
DAC will arrange all project management activities for an efficient process to develop the ADA Transition plan
and provide the City with an anticipated project schedule prior to commencement of work.
DAC will perform all work in conformance with current City policies and procedures and carry out the
instructions received from the City, in cooperation with other City approved and involved agencies.
Disability Access Consultants Proposal to the City of Moorpark for ADA Consulting Services 15
415
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 Moorpark,
any associates, representative,consultants,sub consultants,or others.
DAC does not have any conditions that would affect our ability to perform the services described in this
proposal. DAC does not have any previous, pending or current litigation. Our firm has not been debarred,
suspended or declared ineligible to contract with any federal state or local public agency.The firm,owners or
president is not in the Federal Excluded parties List System (EPLS) for Ineligible Professionals and Debarred
Contractors.
Insurance Coverage and Stability
Disability Access Consultants carries all the necessary insurance coverage,such as general liability, automobile
liability, worker's compensation and employer's liability, and professional errors and omissions malpractice
liability insurance. DAC has a no claims record on all policies for our entire 17 years in business and does not
have any pending, previous or current litigation.
DAC has the financial,operational and staff stability to complete a quality and comprehensive project on time.
DAC has no adverse conditions.
Minority Utilization and Affirmative Action
DAC is an equal opportunity employer and has recruited minorities and veterans. DAC's quality control team
leader is a Vietnam veteran with a disability.
Background Checks and Fingerprinting
All employees of Disability Access Consultants have been fingerprinted and have background checks. DAC has
FBI and DOJ fingerprint clearances on file for DAC staff. We have conducted studies for school districts,state
and local governments,the Federal Government,Judicial Chambers and Correctional Institutions that require
background checks. DAC has found that background checks are important especially in situations where
inspection staff may be working near children, and are required in certain situations.
Disability Access Consultants Proposal to the City of Moorpark for ADA Consulting Services 16 416
Supplemental Materials
Sample DACTrak Screen Shots and Information
These samples are generated from the DACTrak Accessibility Management web-based software program.The
following screen shots are recent examples of the DACTrak Management software prepared for several public
entity clients.
DACTrak
Upon logging into
Clients: city of La Quinta - Buildings - the secure DACTrak
website,you are able
Buidings
to choose the facility
Project Information
Address :78-495 Calle Tampico La Quinta, CA 92253 you would like to
Start Date :7/6/2011
view and manage.
Faciiity List
Boys&Girls Club 49995 Park Avenue These two screen
La Quinta,CA 92253
City Of La Quinta Sports Complex Sports Complex shots are examples of
La Quinta,CA 92253 facility lists for two
Civic Center 78-495 Calle Tampico
La Quinta, CA 92253 recent public entity
Fire Station#70 54001 Madison Street
La Quinta,CA 92253 transition plan
Fire Station#93 44555 Adams Street
La Quinta, CA 92253 projects.
La Quinta Library 78-275 Calle Tampico
La Quinta, CA 92253
La Quinta Museum 77-885 Avenida Montezuma
La Quinta,CA 92253
La Quinta Senior Center 78-450 Avenida La Fonda
La Quinta,CA 92253
La Quinta YMCA Daycare 49-955 Avenue 50
La Quinta,CA 92253
New Fire Station(Fire Station#32) 78111 Avenue 52
La Quinta,CA 92253
Police Substation 51351 Avenida Bermidas
La Quinta,CA 92253
Public Works&Maintenance 78109 Avenue 52
La Quinta,CA 92253
Silver Rock Temporary Clubhouse 79-179 Ahmanson Lane
La Quinta,CA 92253
Silverrock Maintenance Building 79-600 54 Avenue
La Quinta,CA 92253
Fair Oaks Recreation and Parks District
Project Information
Address :4150 Temescal Street Fair Oaks,CA 95628
Start Date :4/8/2011
Facility List
Arts&Crafts Building 7997 California Avenue
Fair Oaks,CA 95628
Bannister Park 3820 Bannister Road
Fair Oaks,CA 95628
Community Clubhouse 7997 California Avenue
Fair Oaks,CA 95628
District Office 4150 Temescal Street
Fair Oaks,CA 95628
Fair Oaks Park 11549 Fair Oaks Boulevard
Fair Oaks,CA 95628
Fair Oaks Preschool 8090 Grand Avenue
Fair Oaks,CA 95628
Little Phoenix Park 9041 Phoenix Avenue
Fair Oaks,CA 95628
McMillan Center 8020 Temple Park Road
Fair Oaks,CA 95628
(Miller Park 8480 Sunset Avenue
Fair fmaUc ('A QGF�ff
Disability Access Consultants Proposal to the City of Moorpark for ADA Consulting Services 17
417
DACTrak Reports
Teat Nowt = = After choosing a
City of La Quinta - - La Quinta Senior Center facility,you are
eboasSararrewt
art able to use Reports
• ` - - Amway depart' -
drop down menu
Yr 1` to choose which
►+ report style to
Multi 1 ntr6ty keports - -miaow.*
view. You may
also choose to
view multiple
facilities in one
11 report.
(1,11,,A IINJ
k
Please select the filter criteria and click'Ganey-ate Report'to view the Report. -/
Clients ICity of La Quinta -1 Projects: IBuildings -I This screenshot is
Facilities: 1La Quinta Senior Center F-1 Locations' IAll Locationsi-I an example of the
Categories. tAll Categories J None
Priority: home page for a
Key Word'
Basic Photo
Sort By: Priority Category - Location - Entity
None Report. The sort
Not Started Corrected
Progress: In Progress R.'alii�'Q' Not Corrected Generate Report and filter panel
Com.leted - Not A licable
��ml allows users to
Include Costing Information in this Repnr*
quickly run reports
® GcTo, -rl_ti®.,_ that generate
Accessibility Survey findings for
specified locations
or categories,or by
progress, priority
or resolution
status.
nfrao
OTY Of LA QUINTA
_ U NIOP CENTER
Disability Access Consultants Proposal to the City of Moorpark for ADA Consulting Services 18
418
la Q - a l-ibrary
Doors -Chamber Of Commerce : Door, Hardware These two screenshots
Door Between Library & Chamber Of Commerce
Push Oar/ Lever are examples of a
—0, : on, :-rr_.;o.-r
finding page in a Basic
Finding
The dour opening force for this door is greater - Photo Report. This
than allowed.On-Site Finding 10.00 pounds type of report shows
Recommendation the user the finding,
Ad Just the closer on the dour to meet the door
opening force requirements_ �. with accompanying
Recommendation Up to 5.00 pounds
recommendation to
Costing Info(Estimated) - -----
Adjust door closer pressure. 525 _ =j correct the non-
compliant item,the
•
associated photo, code
reference(s), estimated
Code Reference CA 11338.2.5.ADA 404.2.9
cost to remove the
barrier,and any
Progress progress that has been
Record Number 4359u added to update the
Progress Not_Started Resolution No•r- transition plan.
Projected Date 06/30./2011 Actual Date
Actual Cost $0.00 Priority T,.c
Contractor
Conintents No Comments
La Quinta Museum
Doors -Museum 1st Floor : Door,Hardware
Archives 102
Lever
Door,Dardwarc. Doo Opening Pr¢oure
Finding
The door opening force for this door is greater
than allowed.
On-Site Finding 8.00 pounds
Recommendation - -
Adjust the closer on the door to meet the door
opening force requirements. j
Recommendation Up to 5.00 pounds = -
Costing Info(Estimated)
Adjust door closer pressure. $25
Code Reference CA 11336.2.5,ADA 404.2.9
Progress
Record Number 43936
Progress Not Started Resolution None
Projected Date Actual Date
Actual Cost $0.00 Priority Two
Contractor
Comments No Comments
Disability Access Consultants Proposal to the City of Moorpark for ADA Consulting Services 19
419
Fair Oaks Park
Path of Travel -Exterior : Path Of Travel,Walking Surfaces
Path Of Travel At The Basketball Court This screenshot is
an example of a
Exterior Walkway findingpage in a
Walking Surface Slope Path Of Travel,Walking Surfaces : Walking
Surface Slope
Finding Dual Photo Report.
There are slopes greater than allowed maximum slope on the primary This type of report
path of travel. •
On-Site Finding 14.70 percent shows the user two
Recommendation findings per page,
Provide compliant sidewalk. with accompanying
Recommended Up to 5.00 percent
recommendations
Costing Information(Estimated) Code Reference: to correct the non-
Install compliant pathway. $1,840 ADA 4.3.7.CA 11338.7.3
compliant item,the
Record Number: 988033 associated photo,
Path of Travel -Exterior : Path Of Travel,Walking Surfaces code reference(s),
Path Of Travel At The Entrance To The Horticultural Center and estimated cost
to remove the
Exterior Walkway
Walking Surface Slope Path Of Travel,Walking Surfaces : Walking barrier.
Surface Slope
Finding ?.:c.._;;-
There are slopes greater than allowed maximum slope on the primary �+
path of travel.
On-Site Finding 6.40 percent
Recommendation
Provide compliant sidewalk.
Recommended Up to 5.00 percent
Costing Information(Estimated) Code Reference:
Install compliant pathway. $1,840 ADA 4.3.7.CA 11338.7.3
Record Number: 987873
Disability Access Consultants Proposal to the City of Moorpark for ADA Consulting Services 20
420
11
The Dual Photo and Basic Photo Reports may be exported to an Excel workbook for easy management of the
transition plan data. The Excel workbook exports into a pre-formatted table with the filter function atop each
data column. The report is a fully functioning Excel spreadsheet that may be sorted,filtered and manipulated
by the user. The column for Picture identification numbers includes cells that are live links to the second tab
of the workbook which contains report photos. Clicking the cell for a particular report finding will bring up the
associated picture on the Photos tab.
ti, E._MGM PAM PACIIIA011, MAMMAS DATA IMAM
MALIA .:41,' 4.,r--,01 0.0A., WA 11,11A it ...Ala i q_ '"""." Q• g .:j.,.. 'T., _.-= - =r. -.''-'•rr,,,r T...
beim
Late/. vee,L, aie
rar. A.A. n El 34 d ig ..ire .,• i. _E I • e ni A
HR .-2 el et••• "/• • - I = =-'7 • • •.147.. . 4.13, .. 1. Ream.,Element input tHint of paecatian Bement Hebert Paint&Bowmen-carman,.Mao domes
A 15391
Sgence '
..1.11,
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5 43590 11750 00011 gAt0f10/ Chatilbor Of.urnmerce Entrance Pulh Ear/fl Handle
Chamber Of Door Between Library& \
6 43506 le, Doom Commerce Chamber Of Commerce Push Ear/Lever
7 03634 11756 Doors Interior Door To Garden Push Bar/D Handle "4
0 43635 '11756 Doors Wm. DOPE Ta Garden Push Bar/D Handle
9 43552 11542 Doors Interior Hallway Conference Room Door Push Earl Lever
11 1043551 11542 Doors Interior liellway Lersterente Room Door Math Bar/Lever
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LaQuintalibrary Photos 0 LaQuirriaLibran, Photos ,I,
Disability Access Consultants Proposal to the City of Moorpark for ADA Consulting Services 21
. 421
W Irnm.'.igrov, I Soppnrt I .fqn tour nnlp
DACTr I Reporb -
Project Porttollo
rt- !City of La Quinta -( PrO3eri Home ulldinos -I
FocTay Home
Buidings Change Password Users can update
Pro et t Inform1 ration Contact us
' Record Maaauer progress using the
n,,'.. r -.1:; Global Progress Editor Tools drop down
Facility list Priority manager menu.
Boys&Girls Club
City Of La Quinta Sports Complex Record Manager
Civic-.Center allows each record
tine Station x70 to be updated
individually.
tire Station*93
La Quinta Library Global Progress
•
La Quinta Museum 77 355 Fnida r•lor.;ezuma Editor allows many
t a(luu,L,-a. (-A 0225
La Quinta Senior Center 75 450 • records to be
1 a Quint,'YMCA Daycare updated at once
New.tire Station(Fire Station*37) with identical
La Quinta, CA information.
Police Substation 51351 Aven,da Batn::dr:
Ir,Quinta, CA v??S1
Pubkc Works&Maintenance --- _ Priority Manager
-
Silver Rork Temporary Clubtaouscr 7; -' allows many
La Quird ,I i'022'6
Silverroc:k Maintenance Building 70 501) 54 Avg..- records to be
La
Quinta, l;A
updated at once
with unique
information.
DACTrakl-''ort, look --
Ple:ae 01101 1131.1110111 IlWjol lra!lily, le=l nn 0111: L.nnIy III 11011,1110 Ia1 nl h11akes If,
rn,nnr
Clients: Fair Oaks Recreation and Parks District 1- Projects: Fair Oaks Recreation and Parks District-
Facilities: Fair Oaks Park Locations: All Locations I
Categories: All Categories Generate List Record Manager
Name Deficiency Type Location allows the user
Accessible Parking Element Exterior
to choose which
Benches Near The Play Area Element Exterior
Community Garden Parking Lot Element Exterior record to update
'Continuing Path Of Travel From The Softball Fields To The Skate Park Element Exterior individually.
- _ s', -s!-c- - • _ _ e- Element Exterior
Directional Signage From The Public Right Of Way Element Exterior
Directional Signage To All Common Areas Element Exterior
Drinking Fountain At The Horticultural Cener Element Exterior
Drinking Fountain Near The BBQ Area Element Exterior
Drinking Fountain Near The Restrooms Element Exterior
Drinking Fountain Near The Skate Park Element Exterior
Drinking Fountain Near The Softball Field Concession Stands Element Exterior
Gates To The Community Garden Element Exterior
Horticultural Center Element Exterior
Left Curb Ramp From The Accessible Spaces Near The Skate Park Element Exterior
Mens&Womens Restrooms Element Restrooms
Mens Restroom Element Restrooms •
Mens Restroom Element Restrooms
Disability Access Consultants Proposal to the City of Moorpark for ADA Consulting Services 22
42-2
DACTrak Reports Tools
of
Facility:Fae Oaks Park Busk to List Once a record is
Curb Ramps-Exterior:Curb Ramp chosen in Record
Curb Ramp From The Accessible Space Near The Play Area Manager,the user
No Detectable Warnings
can set the priority,
Finding Curb Ram•:No Detectable Wamins
The curb ramp does not provide a detectable warning surface which _i- - select the status of
includes truncated domes. l
On Site Finding: Not Found
Recommendation _ progress, add
Provide compliant detectable warnings to surface.
Recommended: See Above projected and actual
Costing Information - �
Provide detectable warning to surface.$144.00 = - dates of completion
CA 112 8. �= and also document
CA 11278.5.9 --
ADA 4.7.7
any notes regarding
the record.
I ofl -
Priority None Projected Date of Completion—DI
EErrneot
rores- 'Not Started •I Actual Date of Completion
1.L
I v MP
Drinking Fountains-Exterior:Drinking Fountains
Drinking Fountain Near The Skate Park
Clear Floor Space Slope
Finding Drinking Fountains:Clear Floor S.ace Sloe
The Clear Floor Space Slope is not compliant.
On Site Finding: 8.40 percent ..
Recommendation ---
Provide compliant Clear Floor Space at the drinking fountain.
Recommended Up to 2.00 percent
Costing Information
(None)$0.00
Citations s - -
ADA 4.15.5 - This screen shot
represents an example
- of a record with
oft progress, updates and
Drinking fountain not operational at time of Inspection.
comments added.
Priority Projected Date of Completion 6/1/2011 A
Progress 'Completed -I Actual Date of Completion 7/8/2011
Resolution 'Corrected Actual Cost 565.33
New Comment Slope corrected and verified to be compliant by inspector #36. Repair
grass area near fountain 1 -
Update Cancel
Disability Access Consultants Proposal to the City of Moorpark for ADA Consulting Services 23
423
1
DACTrak ._ ill74,11
Urease select the bite- ndlt This is an example of
Clients: 'Fair Oaks Recreation and Parks District HiProjects: IFair Oaks Recreation and Parks District H Global Progress Editor,
facilities: Fair Oaks Parl -I Locations: All Locations -1
CategoriPassenger Loading Zones Generate List where the user may
- _ Actual select many records to
Location Element Description Finding Progress Projected Completion
Completion Date Date update at one time. In
❑Exterior Passenger Loading Zone There is Its than Lire rrriniurunr required
At The Horticultural Center length in the access aisle at the passenger this example,the
loading zone.
I-1 Exterior Passenger Loading Zone The slope of the asphalt surface for the category has been
At The Horticultural Center access aisle at the passenger loading zone is
greater than 2%.
0 Exterior Passenger Loading Lone Ihere is no signage designating accessibility filtered to Passenger
At The Horticultural Center posted at the passenger loading zone.
❑Exterior Passenger Loading Lone Ihere are no detectable warning devices Loading Zones using the
At I he Horticultural Center provided at the passenger loading zone.
❑FA-erica- Passenger loading 7nne .There is no signage designating accessibility Categories drop down
Near The Restrooms posted at the passenger loading zone.
❑Exterior Passenger Loading Zone The slope of the asphalt surface for the menu.
Near The Restrooms access aisle at the passenger loading zone Is
greater Wan 2%.
❑Exterior Passenger Loading Zone There are curbs between the access aisle and
Near The Restrooms the vehicle pull-up space. ,
Projected Date: AClear
elect dehnlennles from the fist above and enter new values below.
Actual Date: gll Clear n Prase a vale,Inane the held blank end preen clear.
Priority: None U
Progress: Not Started I-I
Resolution: Mune -' Set
.
DACrrak Reports '°°t' This is an example of
Priority Manager,where
_bents: 'City of La Qulnta J F•Djc.Ln• 'Buildings LJ the user may select
-acillties- ISilverrock Maintenance Building -I Loc:T;ors IAilLocations-I
_ateaones: Isinks -1 Generate List many records to update
On Projected Actual with unique information
•Location De Element Finding Site Priority Progress Resolution Completion ComplettionR Cost Contractor
p Ending _ Date_ Date �POn ' from one screen. The
Interior hlalntenance5lnk counter 35.37 'None'-1 None I- INone -I 'none -I
hay height is , inche-
not user may select
connpl(ant-
tla;ntenanceTheheloht 55.75 (Noce(-IInOns I-IlNene -1 'Neuf -I progress information
Hay of the inch
controls and from the dropdown
operating
mechanisms
for the menus and enter dates
,bspenser is
nocorrecat t for
for each line item. All
height.
_[nterior PlaintenanceTheheiaht 49.50 min INone i-('None •I INone -I information is updated
Bay of the Inches
controls and
operating with one click of the
mechanisms
for the • Submit button. In this
dispenser is
not at the
correct example,the category
height.
ie. has been filtered to
Submit Sinks using the
Categories drop down
menu.
Disability Access Consultants Proposal to the City of Moorpark for ADA Consulting Services 24
424
il
When GPS information is recorded for the location of an outdoor finding, such as the sidewalk report below, a
Map Overlay report is available to view on DACTrak. This report shows a map of the area where the survey
was performed, and pinpoints the location of the finding. Clicking on the pinpoint brings up a screen showing
the finding, recommendation to bring the item into compliance, a photo of the finding and the associated
code references.
I 4.SA*
Overby
"`p* 'L-
q. 63 - -_ I. . per- seer- Inds-V- r e 447 41)4_,
:- low of to Quints 1 = -_- ISidewalks n
--. 'Ashley place --..:i la Lecabons.l
lad Categones 1.1 None
At Non.
Not Started = Corrected Generate Report
In progress --_-- Not Corrected
Co .rated - Not.y-. •
4
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Disability Access Consultants Proposal to the City of Moorpark for ADA Consulting Services 25
425
Attachment 2
.. ' LU .
� o
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (MOU) is between the California Joint Powers Insurance
Authority (CJPIA) and the City of Moorpark (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 Exhibit "A" 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, $ 143,800.00
as per attached DAC written proposal
2. Total program funding provided by CJPIA to be $ 23,500.00
paid directly to DAC on behalf of MEMBER
for the aforementioned work
3. Total amount owed by MEMBER, representing $120,300.00
difference between Line 1 and Line 2, which
will be billed by CJPIA
Steven Kueny, City Manager Date
Maria Galvan, Risk Manager Date
Attachments: DAC Proposal, DAC Professional Services Agreement
CALIFORNIA JOINT POWERS INSURANCE .AUTHORITY
I,0`?1 MOODA t`.i _14 A CA <W6 F ,?a 46:%,i71. .:;, N: 4a
426
Exhibit A
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT for Professional Services ("Agreement") is made this day of March 14,
2017 ("Effective Date") by and between the California Joint Powers Insurance Authority("Authority")
and Disability Access Consultants ("Consultant") (together sometimes referred to the "Parties").
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to Authority the services described in the Scope of Work attached as Exhibit A, and
incorporated here. Such work shall be provided at the time and place and in the manner specified in
Exhibit A. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit
A, this Agreement shall prevail.
1.1 Term of Services. The tern 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 terminated or extended
as provided for in Section 8. The time provided to Consultant to complete the services
required by this Agreement shall not affect the Authority's right to terminate the
Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to
this Agreement in the manner and according to the standards observed by a competent
practitioner including the necessary expertise or knowledge of the profession in which
Consultant is engaged in the geographical area in which Consultant practices its
profession and to the sole satisfaction of the project representative.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to Agreement. In the event that Authority, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Consultant shall, immediately upon receiving notice from Authority of such desire of
Authority, reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to satisfy Consultant's obligations hereunder.
1.5 Authorization to Perform Services.The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Authority's project representative.
1.6 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 4 2 7
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 of Bishop, 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 Sierra
Transportation Authority, City of El Centro, City of Fillmore, City of Fountain Valley,
Gateway Cities Council of Governments, City of Goleta, City of Grand Terrace, City of
Grover Beach, City of Guadalupe, City of Hawaiian Gardens, City of Hidden Hills, City
of Imperial, City of Indian Wells, City of Indio, City of Irwindale, City of La Canada
Flintridge, City of La Habra Heights, LA IMPACT, City of La Mirada, City of La Palma,
City of La Puente, City of La Quinta, City of La Verne, 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 Loma 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 of Pico Rivera, City of Pismo Beach, Pomona
Valley Transportation Authority, City of Port Hueneme, City of Poway, City of Rancho
Palos Verdes, City of Rolling Hills, City of Rolling Hills Estates, City of Rosemead, City
of San Clemente, City of San Dimas, City of San Gabriel, City of San Juan Capistrano,
City of San Luis Obispo, City of San Marcos, City of San Marino, City of Santa Fe
Springs, City of Santa Paula, City of Seal Beach, City of Seaside, Seaside County
Sanitation, City of Sierra Madre, City of Signal Hill, City of Solvang, City of South El
Monte, Southeast Area Animal Control Authority, Southern California Association of
Governments, City of Temple City, Ventura Port District, City of Villa Park, City of
Walnut, West Cities Police Communication Center, City of Westlake Village.
Section 2. COMPENSATION. Authority hereby agrees to pay Consultant in accordance with the
payment schedule as set forth in Exhibit B, attached hereto and incorporated herein by reference as
though set forth in full, based upon work completed, as defined in Exhibit A. In the event of a conflict
between this Agreement and Exhibit A,regarding the amount of compensation, this.Agreement shall
prevail. Authority shall pay Consultant for services rendered pursuant to this Agreement at the time and
in the manner set forth herein. The payments specified below shall be the only payments from Authority
to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to
Authority in the manner specified herein. Except as specifically authorized in advance by Authority,
Consultant shall not bill Authority for duplicate services performed by more than one person.
3/14/17 FINAL DAC/JPIA Page 2 4 2 8
2.1 Invoices. Consultant shall submit invoices during the term of this Agreement, based on
the work completed, and within 30 days. All work billed shall be on a per member basis,
with an itemized detail of services performed.
2.2 Payment. Authority shall make monthly payments,based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred.
Authority shall have 30 days from the receipt of an invoice that complies with all of the
requirements above to pay Consultant.
2.3 Total Payment. Authority shall not pay any additional sum for any expense or cost
whatsoever incurred by Consultant in rendering services pursuant to this Agreement.
Authority shall make no payment for any extra, further, or additional service pursuant to
this Agreement.
2.4 Payment of Taxes. Consultant is solely responsible for the payment of employment
taxes incurred under this Agreement and any federal or state taxes.
2.5 Payment upon Termination. In the event that the Authority or Consultant terminates
this Agreement pursuant to Section 8, the Authority shall compensate the Consultant for
all outstanding costs and reimbursable expenses incurred for work satisfactorily
completed as of the date of written notice of termination. Consultant shall maintain
adequate logs and timesheets in order to verify costs incurred to that date.
Section 3. EQUIPMENT. Except as otherwise provided, Consultant shall, at its sole cost and
expense,provide all supplies and equipment necessary to perform the services required by this Agreement.
Section 4. INSURANCE REQUIREMENTS. Without limiting Consultant's indemnification of
Authority, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its
own expense during the term of this Agreement, policies of insurance of the type and amounts described
below and in a form satisfactory to Authority.
4.1 General Liability Insurance. Consultant shall maintain commercial general liability
insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in
an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for
bodily injury, personal injury, and property damage. The policy must include contractual
liability that has not.been amended. Any endorsement restricting standard ISO "insured
contract"language will not be accepted.
4.2 Automobile Liability Insurance. Consultant shall maintain automobile insurance at
least as broad as Insurance Services Office fonn CA 00 01 covering bodily injury and
property damage.for all activities of the Consultant arising out of or in connection with
Work to be perfonned 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 2 9
4.3 Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain
professional liability insurance that covers the Services to be performed in connection
with this Agreement, in the minimum amount of$1,000,000 per claim and in the
aggregate. Any policy inception date, continuity date, or retroactive date must be before
the effective date of this agreement and Consultant agrees to maintain continuous
coverage through a period no less than three years atter completion of the services
required by this agreement.
4.4 Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation
Insurance(Statutory Limits) and Employer's Liability Insurance(with limits of at least
$1,000,000).
4.5 Proof of Insurance. Consultant shall provide certificates of insurance to Authority as
evidence of the insurance coverage required herein, along with a waiver of subrogation
endorsement for workers' compensation. Insurance certificates and endorsements must be
approved by Authority's risk manager prior to commencement of performance. Current
certification of insurance shall be kept on file with Authority at all times during the term
of this contract. Authority reserves the right to require complete, certified copies of all
required insurance policies, at any time.
4.6 Duration of Coverage. Consultant shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property, which
may arise from or in connection with the performance of the work hereunder by
Consultant, its agents, representatives, employees or sub-consultants.
4.7 Primary/Noncontributing. Coverage provided by Consultant shall be primary and any
insurance or self-insurance procured or maintained by Authority shall not be required to
contribute with it. The limits of insurance required herein may be satisfied by a
• combination of primary and umbrella or excess insurance. Any umbrella or excess
insurance shall contain or be endorsed to contain a provision that such coverage shall also
apply on a primary and non-contributory basis for the benefit of Authority before the
Authority's own insurance or self-insurance shall be called upon to protect it as a named
insured.
4.8 Authority's Rights of Enforcement. In the event any policy of insurance required under
this Agreement does not comply with these specifications or is canceled and not replaced,
Authority has the right but not the duty to obtain the insurance it deems necessary and
any premium paid by Authority will be promptly reimbursed by Consultant or Authority
will withhold amounts sufficient to pay premium from Consultant payments. In the
alternative, Authority may cancel this Agreement.
4.9 Acceptable Insurers. All insurance policies shall be issued by an insurance company
currently authorized by the Insurance Commissioner to transact business of insurance or
is on the List of Approved Surplus Line Insurers in the State of California, with an
assigned policyholders' Rating of A- (or higher) and Financial Size Category Class.VI
3/14/17 FINAL DAC/JPIA Page 4 430
(or larger) in accordance with the latest edition of Best's Key Rating Guide, unless
otherwise approved by the Authority's risk manager.
4.10 Waiver of Subrogation.All insurance coverage maintained or procured pursuant to this
agreement shall be endorsed to waive subrogation against Authority, its elected or
appointed officers, agents, officials, employees and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance with these
specifications to waive their right of recovery prior to a loss. Consultant hereby waives its
own right of recovery against Authority, and shall require similar written express waivers
and insurance clauses from each of its sub-consultants.
4.11 Enforcement of Contract Provisions (Non Estoppel). Consultant acknowledges and
agrees that any actual or alleged failure on the.part of the Authority to inform Consultant
of non-compliance with any requirement imposes no additional obligations on the
Authority nor does it waive any rights hereunder.
4.12 Requirements Not Limiting. Requirements of specific coverage features or limits
contained in this Section are not intended as a limitation on coverage, limits or other
requirements, or a waiver of any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification only as it pertains to
a given issue and is not intended by any party or insured to be all inclusive, or to the
exclusion of other coverage, or a waiver of any type. if the Consultant maintains higher
limits than the minimums shown above, the Authority requires and shall be entitled to
coverage for the higher limits maintained by the Consultant. Any available insurance
proceeds in excess of the specified minimum limits of insurance and coverage shall be
available to the Authority.
4.13 Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and
insurers to provide to Authority with a thirty(30) day notice of cancellation (except for
nonpayment for which a ten(1 0) day notice is required) or nonrenewal of coverage for
each required coverage.
4.14 Additional Insured Status. General liability policies shall provide or be endorsed to
provide that Authority and its officers, officials, employees, agents, volunteers, and
members shall be additional insureds under such policies. This provision shall also apply
to any excess/umbrella liability policies.
4.15 Prohibition of Undisclosed Coverage Limitations. None of the coverages required
herein will be in compliance with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to Authority and approved of in
writing.
4.16 Separation of Insureds.A severability of interests provision must apply for all
additional insureds ensuring that Consultant's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with respect to the
3/14/17 ANAL DAC/JPIA Page 5 4 3 1
insurer's limits of liability. The policy/policies shall not contain any cross-liability
exclusions.
4.17 Pass Through Clause. Consultant agrees to ensure that its sub-consultants,
subcontractors, and any other party involved with the project who is brought onto or
involved in the project by Consultant, provide the same minimum insurance coverage and
endorsements required of Consultant. Consultant agrees to monitor and review all such
coverage and assumes all responsibility for ensuring that such coverage is provided in
conformity with the requirements of this section. Consultant agrees that upon request, all
agreements with consultants, subcontractors, and others engaged in the project will be
submitted to Authority for review.
4.18 Authority's Right to Revise Specifications. The Authority reserves the right at any time
during the term of the contract to change the amounts and types of insurance required by
giving the Consultant ninety(90) days advance written notice of such change. If such
change results in substantial additional cost to the Consultant, the Authority and
Consultant may renegotiate Consultant's compensation.
4.19 Self-Insured Retentions.Any self-insured retentions must be declared to and approved
by Authority. Authority reserves the right to require that self-insured retentions be
eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to
comply with these specifications unless approved by Authority.
4.20 Timely Notice of Claims. Consultant shall give Authority prompt and timely notice of
claims made or suits instituted that arise out of or result from Consultant's performance
under this Agreement, and that involve or may involve coverage under any of the
required liability policies.
4.21 Additional Insurance.Consultant shall also procure and maintain, at its own cost and
expense, any additional kinds of insurance, which in its own judgment may be necessary
for its proper protection and prosecution of the work.
Section 5. INDEMNIFICATION
Consultant shall indemnify,defend with counsel acceptable to Authority and hold harmless the
Authority and its officials,officers, employees, agents, members,and authorized volunteers from and
against any and all losses, liabilities, claims, suits, actions, arbitration proceedings, administrative
proceedings, regulatory proceedings, damages and expenses of any kind,whether actual or threatened,
(including but not limited to attorneys' fees and costs, court costs, interest defense costs, and expert
witness fees) where the same arise out of, are a consequence of or are in any way attributable to, in
whole or in part, the performance of this Agreement(or the failure to perform)by Consultant or by any
individual or entity for which Consultant is legally liable, including but not limited to officers, agents,
employees or subcontractors of Consultant. Such indemnification, defense and hold harmless extend to
Consultant's provision, use, transport and storage of hazardous materials, as those commonly are
defined under state and federal laws and regulations.
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The foregoing obligation of Consultant shall not apply when(1)the injury, loss of life, damage to
property or violation of law arises wholly from the negligence or willful misconduct of the Authority or
its officers, employees, agents, members,or authorized volunteers and(2) the actions of Consultant or
its employees, subcontractors or agents have contributed in no part to the injury, loss of life, damage to
property, or violation of law.
It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend
as set forth in Section 2778 of the California Civil Code. Acceptance by Authority of insurance
certificates and endorsements required under this Agreement does not relieve Consultant from liability
under this indemnification and hold harmless clause. This indemnification and hold harmless clause
shall apply to any damages or claims for damages whether or not such insurance policies shall have been
determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the
provisions of this Section and that it is a material element of consideration.
Section 6. STATUS OF CONTRACTOR.
6.1 Independent Contractor.At all times during the term of this Agreement, Contractor
shall be an independent contractor and shall not be an employee of Authority. Authority
shall have the right to control Contractor only insofar as the results of Contractor's
services rendered pursuant to this Agreement and assignment of personnel pursuant to
Subparagraph 1.3; however, otherwise Authority shall not have the right to control the
means by which Contractor accomplishes services rendered pursuant to this Agreement.
Notwithstanding any other Authority, state, or federal policy,rule,regulation, law,dr
ordinance to the contrary, Contractor providing services under this Agreement shall not
qualify for or become entitled to any compensation,benefit,or any incident of
employment by Authority, including but not limited to eligibility to enroll in the
California Public Employees Retirement System(PERS) as an employee of Authority
and entitlement to any contribution to be paid by Authority for employer contributions
and/or employee contributions for PERS benefits. It is understood by the parties that
Contractor is independent and does not constitute a common law(employer-employee)
relationship and said agreement is exempt for the post-retirement employment
requirements.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with
all applicable local, state and federal laws and regulations applicable to the performance
of the work hereunder.
7.3 Licenses and Permits. Consultant represents and warrants to Authority that Consultant
and its employees, agents, and any subcontractors have all licenses, permits,
qualifications, and approvals of whatsoever nature that is legally required to practice their
respective professions. Consultant represents and warrants to Authority that Consultant
and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in
3/14/17 FINAL DAC/JPIA Page 7 433
effect at all times during the term or this Agreement any licenses, permits, and approvals
that are legally required to practice their respective professions. In addition to the
foregoing, Consultant and any subcontractors shall obtain and maintain during the term
of this Agreement valid Business Licenses from Authority.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. Authority and Consultant hereby agree that this Agreement may be
cancelled upon 30 days' written notice.
In the event of termination, Consultant shall be entitled to compensation for services
performed to the effective date of tennination; Authority, however, may condition
payment of such compensation upon Consultant delivering to Authority any or all
documents, photographs, computer software, video and audio tapes, and other materials
provided to Consultant or prepared by or for Consultant or the Authority in connection
with this Agreement.
8.2 Extension. Both parties agree that extending the Agreement beyond that provided for in
Subsection 1.1 may be in the best interest of all concerned. Any such extension shall
require a written amendment to this Agreement, as provided for herein. Authority and
• Consultant understand and agree that, if both parties agree to such an extension, all terms
and conditions of the original Agreement shall remain the same, and extended to the date
provided for in said amendment.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the
parties.
8.4 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between Authority and Consultant shall
survive the termination of this Agreement.
8.5 Options upon Breach by Consultant. If Consultant materially breaches any of the tenns
of this Agreement, Authority's remedies shall include, but not be limited to, any or all of
the following:
8.5.1 Immediately terminate the Agreement;
8.5.2 Retain the documents, and any other work product prepared by Consultant
pursuant to this Agreement;
8.5.3 Retain a different Consultant to complete the work described in Exhibit A
not finished by Consultant; or
8.5.4 Charge Consultant the difference between the costs to complete the work
described in Exhibit A that is unfinished at the time of breach and the
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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, charts, studies, surveys, photographs,memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder, shall be the property of the Authority. Consultant hereby agrees to
deliver those documents to the Authority upon termination of the Agreement.
9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the Authority under this Agreement for a minimum of three (3) years, or for any longer
period required by law, from the date of final payment to the Consultant to this
Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of,
the Authority. Under California Government Code Section 8546.7, if the amount of
public funds expended under this Agreement exceeds Ten Thousand Dollars
($10,000.00), the Agreement shall be subject to the examination and audit of the State
Auditor, at the request of Authority or as part of any audit of the Authority, for a period
of three(3) years after final payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If either party to this Agreement brings any action, including an action
for declaratory relief, to enforce or interpret the provision of this Agreement, the
prevailing party shall be entitled to reasonable attorneys' fees in addition to any other
relief to which that party maybe entitled. The court may set such fees in the same action
or in a separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the parties agree that trial of such action shall be vested exclusively in
Orange County.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
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 term or any other term
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 Norman
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 Consultants
2243 Feather River Boulevard
Oroville, CA 95965
Any written notice to Authority shall be sent to the project representative, Abraham Han.
10.9 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 original and all of which together shall constitute one agreement.
The Parties have executed this Agreement as of the Effective Date.
AUTHORITY CONSULTANT
Air 107,
• Jot . •. hull, Chief Executive Of cer 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 Level 2: Inspection of Sites, Development of Transition/Barrier Removal Plans
Consultant will inspect sites that may be new or not inspected previously, or have had
extensive modernization or major remodeling. Work will include inspection of member
facilities and public rights-of-way, and identification of barriers to accessibility, solutions to
remove these barriers, and incorporation of the information into Consultant's accessibility
management software.
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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 of DACTrak for the member to collect their own data.
3. Assistance Level 3: Self-Evaluation of Policies, Procedures, Practices
Consultant will conduct a review of policies,procedures, and practices to determine if any
are discriminatory or potentially discriminatory. Programs, services, and activities would be
reviewed to determine accessibility by persons with disabilities.
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EXHIBIT B
RATES AND SCE1EDULE OF PAYMENTS
Billing and Reimbursement:
1. Assistance Level 1: Member Assessment and Overall Diagnostic Profile
The rate for this assistance level is a total one-time charge per member of$2,800, which
includes all expenses.
2. Assistance Level 2: Inspection of Sites, Development of Transition/Barrier Removal Plans
The hourly rate is $98 per consultant, plus actual expenses. Any amounts for services
provided beyond the$16,500 per-member funding allowance will be billed to Authority for
payment.
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 Iicense fee is $2,000.
3. Assistance Level 3: Self-Evaluation of Policies,Procedures, Practices
The hourly rate is $98 per consultant, plus actual expenses. For amounts for services
provided beyond the$5,000 per-member funding allowance will be billed to Authority for
payment.
4. Expenses
Reasonable, actual expenses will be charged as authorized by Authority and may include
mileageat the IRS rate, hotel,meals, rental car, airfare (no first-class flights) and travel time.
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Attachment 3
California JPIA
ADA Assistance Program Guidelines
Overview
The purpose of the California JPIA's Americans with Disabilities Act (ADA)Assistance Program is
to provide technical and financial resources in order to help members achieve compliance with
federal ADA and state laws. Recognizing the importance of ADA compliance, the Authority's
Executive Committee has approved a level of funding across three broad areas. First, an ADA
consulting firm will work with members in assessing compliance; evaluating physical structures,
programs, and services; and developing transition plans. Second, members will be provided
ADA compliance tracking software.Third, the Authority will make financing available in order to
assist in funding necessary ADA capital improvements for purposes of barrier removal.
The assistance program is expected to be carried out for a period of five years, with roughly
20%of the membership receiving assistance in each of the program years. Since some
members have already begun addressing ADA compliance independent from the Authority's
program, partial or complete reimbursement may be available if the work comports with the
program conditions described below.
Agreement for Professional Services
For ADA consulting services described below,the Authority has entered into an agreement with
Disability Access Consultants (DAC). The agreement details terms and conditions for the
provision of professional services, the scope of ADA consulting services being provided, and the
costs for these services. The ADA consultant may incur reasonable actual expenses, including
mileage, lodging, meals, and transportation costs associated with providing ADA consulting
services. Authorization for any and all services to members will be according to the terms and
conditions described therein. A copy of the agreement is maintained at the Authority's offices.
Level and Types of Assistance
The following describes the different types of assistance being provided to members.
Assistance Level 1: Member Assessment and Overall Diagnostic Profile
The ADA consultant will perform an assessment to determine the current level of ADA
compliance and plan a course of action to enhance compliance. If, after review, it is
determined that the member needs to complete or revise any of the required compliance
components,the ADA,consultant will provide a recommended compliance plan that may
include other assistance-level options. Following is a list of items determined during an
assessment.
• An ADA coordinator has been designated, noticed, and posted.
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• Each site has a current transition/barrier removal plan that meets the requirements
under Title II of the ADA.
• A self-evaluation of programs, services, activities, policies, procedures, and practices
has been completed.
• The member has updated its current transition/barrier removal plan, if applicable.
• Current ADA transition/barrier removal plans include all sites, such as new sites added
since the completion of the previous plan.
• Space leased "from" others for use by the member are identified.
• Leased sites and program locations are identified.
• Space leased "to" others by the member is identified.
• Any current ADA-related concerns or issues are identified, including any pending or
actual litigation.
• The member may need questions answered regarding the ADA, Title 24 of the
California Building Code (CBC) or related accessibility standards.
• Staff development activities have been provided or are requested.
• Methods and priorities are recommended to members for achieving ADA compliance.
Assessments carried out under Assistance Level 1 are designed to assist members that
perhaps have done some ADA compliance work, but are uncertain either of its
completeness or being up-to-date.The findings of the assessment are not documented, but
are discussed verbally over the phone. Based on the findings, a proposal of work will be
developed and provided to the member.
The California JPIA will fund this assistance level in its entirety ($2,800), with no
contribution from the member.
Assistance Level 2: Inspection of Sites, Development of Transition/Barrier Removal Plans
This service will provide members with inspection of sites that may be new or not inspected
previously, or have had extensive modernization or major remodeling. The service will
include inspection of member facilities and public rights-of-way, and identification of
barriers to accessibility, solutions to remove these barriers, and incorporation of the
information into the ADA consultant's accessibility management software, DACTrak.
Under Assistance Level 2, public rights-of-way (PROW) must be evaluated to determine if
there are barriers that would prevent those with disabilities from traversing the pedestrian
access route in the public right-of-way. When members complete a self-evaluation, these
barriers must be identified and incorporated into the member's ADA transition plan.
There are standards in the Americans with Disabilities Act Accessibility Guidelines (ADAAG)
that address sidewalks, but those standards are for design only. They specify that changes in
the level of accessible routes up to 1/4" may be vertical and without edge treatment.
Changes between 1/4" and 1/2" are to be beveled with a slope no greater than 1:2.
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441
Changes greater than 1/2" are to be ramped.These regulations do not specifically address
maintenance.Therefore, it is the Authority's opinion that there is no ADA maintenance
standard for sidewalk deviations that exist in the PROW path of travel, and members have
no general requirement to inspect or repair deviations that exceed the ADAAG's design
standard. That said, there are instances where sidewalk deviations or conditions of sidewalk
surfacing that should be addressed in order to ensure accessibility by disabled persons.
More broadly, and within the context of maintaining an agency's public sidewalks,
deviations that are 3/4" or less vertical displacement have been deemed by the courts to be
trivial in nature, unless there are aggravating circumstances such as jagged edges or a
history of falls that make such instances of greater risk to the public. A vertical displacement
of greater than 3/4" is not considered trivial as a matter of law, and poses a jury question as
to whether it constitutes a dangerous condition of public property. Members have a duty to
mitigate such dangerous conditions either because they knew of the condition or should
have known.This duty exists separate and apart of any duty imposed under the Americans
with Disabilities Act.
The California JPIA will fund up to $16,500 toward this level of assistance. Members will be
responsible for any costs that exceed this amount.The California JPIA will also fund the first
year of licensing and training the DACTrak software. Members will be responsible for any
required equipment and licensing costs beyond the first year.The annual licensing fee is
$2,000.
Assistance Level 3: Self-Evaluation of Policies, Procedures, Practices
The ADA consultant will conduct a review of policies, procedures, and practices to
determine if any are discriminatory or potentially discriminatory. Programs, services, and
activities would be reviewed to determine accessibility by persons with disabilities.
The California JPIA will fund up to $5,000 toward this level of assistance. Members will be
responsible for any costs that exceed this amount.
ADA Financing for Barrier Removal Projects
Since some members may be unable to fund necessary capital improvements for purposes
of barrier removal due to budgetary constraints, the Authority will also make ADA financing
available.This financing is intended to help members to make needed improvements,
particularly those that would otherwise be out of fiscal reach in the foreseeable future.
Funding requests will be solicited annually through an application process, and then
presented to the Executive Committee for approval. Members requesting financing must
have completed the development of a transition plan that identifies the capital
improvement associated with the funding request.
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442
The Authority will charge an interest rate based on the rate of return for all investments.
The Authority may adjust the rate annually for each financing cycle. The rate will then be
fixed for the financing term, which will not exceed five years.
Specific instructions with financing terms and conditions will be provided when the
application period open for each year.
ADA Training
The California JPIA offers the following ADA training courses to members throughout the
five regions:
• Planning for ADA Compliance: ADA Coordinator Training
• Planning for ADA Compliance: Public Facilities
• Planning for ADA Compliance: Public Rights of Way
• Planning for ADA Compliance: Accessibility Requirements for Facilities and the Public
Right-of-Way
• Planning for ADA Compliance: Roles, Responsibilities and Strategies
For specific details on each ADA course and upcoming training opportunities, visit the
California JPIA website.The cost of agency-specific or other ADA training offered by DAC is
the responsibility of the member.
Additional Consulting Services
For any ADA consulting services needed by members beyond the scope of those listed
above, the California JPIA has negotiated a flat rate of$98 per consultant hour, and is the
responsibility of the member. Members are advised to execute agreements with DAC for
any services outside of the ADA assistance program.
Member Responsibilities
The member must agree to carry out the following responsibilities:
• Provide necessary staff and fiscal resources in order to complete ADA assistance work in
an agreed-upon and timely manner.
• Provide the ADA consultant with necessary information and documents. Information
may include prior ADA self-evaluations and transition plans, property schedules,facility
and parks lists (including amenities and addresses), sidewalk mileage, number of
automated pedestrian signal intersections, number of bus stops/bus shelters, and other
infrastructure inventory details.This information is necessary to assist DAC with the
development of an accurate proposal of services.
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• Execute the program Memorandum of Understanding (MOU), provided by the California
JPIA.The MOU will be signed by the member's chief executive or city manager. A
sample of the MOU is attached to this document.
• Complete development of an ADA self-evaluation and transition plan for removal of
accessibility barriers, including determining estimated barrier removal dates.
• Develop needed capital budget plans based on information contained in the ADA self-
evaluation and transition plan.
• Assist the ADA consultant with a review of policies, procedures, and practices to
determine if any are discriminatory or potentially discriminatory.
• Designate an ADA grievance coordinator. Post ADA grievance policy on agency website
and have the policy posted and available at all public facilities.
• Be responsible for costs that exceed per-member funding levels approved by the
Authority's Executive Committee.
• Provide a tablet or other device that will run the DACTrak software.
• Receive training on the use of DACTrak software.
• Be responsible for licensure cost of DACTrak software beyond the initial year.
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Program Procedures
General Procedures:
1. The Authority's risk managers will work with members to determine assistance levels for
each member and notify members of the assistance level they will be receiving.
Members will receive a copy of this document, outlining the details of the program.
2. Risk managers will contact the ADA consultant, notifying them of members ready to
move forward with assistance level one.
3. Member will provide necessary information to consultant for development of work
proposal. The proposal will outline the scope of work and an estimate of costs, outlining
all expenditures according to the assistance levels.
4. A phone assessment will be conducted to discuss the agency's ADA compliance level. If
the proposal is available in advance of the scheduled call, it will also be discussed.
5. The executed MOU serves as a notice to proceed for assistance levels two and three.
Authority risk managers will notify ADA consultant when MOU's are executed.
6. The ADA consultant will contact individual members to schedule an on-site or phone
project kick-off meeting, and will forward information to the member and the risk
manager regarding the kick-off.
7. In coordination with the member, the ADA consultant will participate in the project kick-
off meeting.The Authority's risk manager may attend the meeting, but this is not
required for work to proceed.The meeting will include discussion of the project scope
and responsibilities.
Specific Assistance Level Procedures:
• Assistance Level 1
1. The Authority's risk managers will coordinate the start of all member assessments.
2. Member will gather information necessary to answer questions outlined in ADA/Section
504 Initial Assessment document. This document will be sent to the member by the ADA
consultant or the Authority's risk manager. Members are advised not to complete and
return the document, but rather have the information available for the phone
discussion.
3. The ADA consultant will conduct the member assessment and overall diagnostic profile.
Assistance Level 2
1. Member will be provided DACTrak accessibility management software.
2. Member will receive training regarding the use of DACTrak accessibility management
software.
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445
3. Member will provide necessary access and coordination to ADA consultant for
completion of buildings, parks and facilities inspections.
4. Member will provide necessary coordination to ADA consultant for completion of public
rights-of-way inspections.
5. The ADA consultant will produce all necessary reports of findings to the member.
Assistance Level 3
1. With the assistance of the member,the ADA consultant will complete review of policies
and procedures.
2. The ADA consultant will review accessibility of programs, services and activities.
3. The ADA consultant will produce all necessary reports of findings to the member.
4. The ADA consultant will provide guidance to the member on the public input process, as
required by Title II of the ADA.
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Billing and Reimbursement
Work Performed through the Authority's ADA Assistance Program
All work carried out through the California JPIA's ADA assistance program must be approved in
writing by both the member and the Authority through the execution of the MOU prior to
commencement of work by the Authority's ADA consultant.
All invoices for work completed by the ADA consultant will be submitted to the California JPIA
for payment. Any amounts for services provided beyond the per-member funding levels
approved by the Executive Committee will be billed to the member by the California JPIA.
Work Performed Outside of the Authority's ADA Assistance Program
Members who have recently completed independent ADA work may submit for reimbursement
of costs, according to the following conditions:
1. The work shall be of the same or greater scope of what the Authority is making available
through its ADA assistance program.
2. The work shall be detailed in an agreement with the contractor. A copy of the
agreement and invoices shall be provided to the California JPIA.
3. The work shall be complete.
4. Reimbursement amounts are the same as the per-member funding levels approved by
the Executive Committee and noted above
5. The member would not qualify for additional ADA assistance in any area for which it is
seeking reimbursement.
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