HomeMy WebLinkAboutAGENDA REPORT 2018 0620 CCSA REG ITEM 10BCITY OF MOORPARK,
CALIFORNIA
City Council Meeting
of June 20, 2018
ACTION Approved staff
recommendation
BY M. Benson
B. Consider Revised Memorandum of Understanding (MOU) with California Joint
Powers Insurance Authority (CJPIA) for Americans with Disabilities Act (ADA)
Assistance Program. Staff Recommendation: Authorize the City Manager to
sign the revised MOU
Item: 10.B.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Deborah Traffenstedt, Assistant City Manager
BY: Teri Davis, Program Manager
DATE: 06/20/18 Regular Meeting
SUBJECT: Consider Revised Memorandum of Understanding (MOU) with
California Joint Powers Insurance Authority (CJPIA) for Americans
with Disabilities Act (ADA) Assistance Program
BACKGROUND
In September 2017, City Council authorized the City Manager to sign a MOU with the
CJPIA to assist the City of Moorpark (City), as a member agency, in achieving
compliance with certain ADA laws. The CJPIA retained Disability Access Consultants
(DAC) to develop the City’s ADA Self Evaluation and Transition Plan (ADA Plan) and
the costs for DAC’s services are to be borne by the City, with CJPIA providing total
program funding in the amount of $23,500 paid directly to DAC on behalf of the City.
DISCUSSION
The DAC 2017 Proposal to develop the ADA Plan was partially based on data provided
by the City. Staff estimated at that time that the City owned approximately 130 miles of
public accessible sidewalks subject to the ADA, and DAC’s Proposal estimated a cost of
$65,000 for the Survey of Public Rights-of-Way portion of the ADA Plan. While
completing the ADA evaluation of the City’s public sidewalks, DAC found that the actual
measured area was 163.27 miles; a difference of 33.27 miles. The DAC measurement
was calculated using a global positioning system (GPS) and is considered to be a more
accurate measurement of sidewalks subject to the ADA, in comparison to the estimate
that was calculated by City staff using street mileage. The extra sidewalk mileage
created more work than the original estimate included, and DAC is requesting $8,000,
or 33.27 miles at a rate of $240.45 per mile, to cover the additional costs associated
with that work. Table 1 illustrates the original DAC Cost Summary, while Table 2
includes the cost of the extra work.
Item: 10.B.
821
Honorable City Council
6/20/2018 Regular Meeting
Page 2
DAC Original Proposal
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 CJPIA Program Funding -23,500
City’s Total Payment to CJPIA $120,300
Table 1. Cost summary showing DAC estimated costs with City and CJPIA payables
DAC Original Proposal Plus Additional Cost
Survey of City Facilities and Parks $ 71,800
Survey of Public Rights-of-way 73,000
Review of Policies, Procedures and Practices 5,000
DACTrak Licensing for Year One 2,000
Total $151,800
Less CJPIA Program Funding -23,500
City’s Total Payment to CJPIA $128,300
Table 2. Cost summary showing DAC actual costs (includes $8,000 for inspection of additional
30 miles) with City and CJPIA payables
The CJPIA prepared a Revised MOU and included as exhibits the original DAC
Proposal, Additional Mileage Documentation, and Professional Services Agreement
between the CJPIA and DAC to accommodate the additional $8,000 expense which is
the City’s responsibility to pay (see Attachment 1). The survey of public rights-of-way
portion of DAC’s services has been completed, and the additional funding will pay for
sidewalk survey work already performed.
FISCAL IMPACT
Funding in the amount of $145,000 for partnering with the CJPIA and DAC to develop
the ADA Plan been included in the FY 2017/18 Budget and no additional appropriation
is requested.
STAFF RECOMMENDATION
Authorize the City Manager to sign the revised MOU.
Attachment: CJPIA Revised MOU with Exhibits: DAC Proposal; Additional Mileage
Documentation; DAC Professional Services Agreement
822
REVISED 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 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. Amount for additional 30 miles of sidewalk inspected $ 8,000.00
upon completion of initial 130 miles
4. Total amount owed by MEMBER, representing $ 128,300.00
difference between Line 1 and Line 2, and addition
of Line 3, which will be billed by CJPIA
MEMBER acknowledges and agrees to be responsible for any additional costs incurred from the
addition of items to the scope of work (e.g., buildings, facilities, bus stops, sidewalk mileage,
etc.).
____________________________________ _______________
Troy Brown, City Manager Date
____________________________________ _______________
Maria Galvan, Risk Manager Date
Attachments: DAC Proposal, Additional Mileage Documentation, DAC Professional Services
Agreement
Attachment
823
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
824
Disability Access Consultants Proposal to the City of Moorpark for ADA Consulting Services 1
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
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Disability Access Consultants Proposal to the City of Moorpark for ADA Consulting Services 2
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,
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
826
Disability Access Consultants Proposal to the City of Moorpark for ADA Consulting Services 3
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
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Disability Access Consultants Proposal to the City of Moorpark for ADA Consulting Services 4
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.
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Disability Access Consultants Proposal to the City of Moorpark for ADA Consulting Services 5
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.
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.
City Contacts
City of
Moorpark
Barbara Thorpe
Project Manager
Srikant Talasila
Director of IT
Michael Boga
CASp-152, ICC
Facility Team Leader /
Quality Control
Candice Pursch
Field Inspection Supervisor
Field Inspectors (4-6)
Jennie Grover
Director of
Operations
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Disability Access Consultants Proposal to the City of Moorpark for ADA Consulting Services 6
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 LIST
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
Temo Galvez
Deputy City Engineer
10200 Slater Avenue
Fountain Valley, CA 92708
Phone: (714) 593-4517
Temo.galvez@fountainvalley.org
ADA Self-evaluation and transition plans of buildings, parks,
intersections, sidewalks and public rights-of-way. The City was
provided DACTrak Accessibility Management Software to
manage the implementation of the plan, document resources
needed and document progress.
The ADA Self-Evaluation of programs, services and activities to
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
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Disability Access Consultants Proposal to the City of Moorpark for ADA Consulting Services 7
City of Palos Verdes Estates
Sheri Repp Loadsman
Planning and Building Director
340 Palos Verdes Drive West
Palos Verdes Estates, CA 90274
Phone: (310) 378-0383
srepp@pvestates.org
ADA Self-evaluation and transition plans of buildings, parks,
golf course, pools, parking lots, concessions, and public rights-
of-way.
The City was provided DACTrak Accessibility Management
Software to manage the implementation of the plan,
document resources needed and document progress.
DAC 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
Jeff Baughman
Building Official
207 N Harvard Avenue
Claremont, CA 91711
Phone: (909) 399-5477
jbaughman@ci.claremont.ca.us
DAC provided ADA Self-evaluation and transition plans of
buildings, parks, intersections, roadways, sidewalks and public
rights-of-way.
The City was provided DACTrak Accessibility Management
Software to manage the implementation of the plan,
document resources needed and document progress.
DAC also conducted the ADA Self-Evaluation of programs,
services and activities to determine if any were discriminatory
for individuals with disabilities and provided the City with an
Executive Summary detailing the results and
recommendations.
Contract End Date: 2014
Contract Amount: $112,500
County of Butte
Grant Hunsicker
Director of General Services
2081 2nd Street
Oroville, CA 95965-3413
Phone: (530) 538-2511
Ghunsicker@buttecounty.net
DAC is currently working with the County to inspect County
facilities for compliance with the Americans with Disabilities
Act and California Building Code.
DAC is also performing a review of County policies, grievance
procedures and public notices to evaluate their compliance
with the ADA and suggest alternatives if necessary.
DAC is assisting the County in developing their updated
transition plan.
DAC has provided training to County staff on ADA compliance,
methods for reasonable accommodations, and effective
communications with individuals with disabilities.
Contract End Date: 2015
Contract Amount: $91,000
County of Solano
Rosa Lane, PhD, AIA, LEED AP
Associate County Architect
Division of Architectural Services
675 Texas Street, Suite 2500
Fairfield, CA 94533
Phone: (707) 784-7908
rmlane@solanocounty.com
DAC is currently performing ADA Accessibility surveys of
County facilities using the DACTrak Accessibility Management
software.
DAC is also assisting the County to perform a Self-Evaluation of
services, policies, programs and practices.
County staff is using DACTrak to update and implement their
Transition Plan.
Contract End Date: 2015
Contract Amount: $260,000
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Disability Access Consultants Proposal to the City of Moorpark for ADA Consulting Services 8
City of Newport Beach
Fong Tse
Principal Civil Engineer
3300 Newport Boulevard
Newport Beach, CA 92663
Phone: (949) 644-3321
FTSE@newportbeachca.gov
ADA Self-evaluation and transition plans of buildings, parks,
intersections, roadways, sidewalks and public rights-of-way.
The City was provided DACTrak Accessibility Management
Software to manage the implementation of the plan,
document resources needed and document progress.
Contract End Date: April 2013
Contract Amount: $150,000
County of Shasta
Thomas Forbish
Facilities & Fleet Divisions Manager
Facilities & Fleet Services Division
1958 Placer Street
Redding, CA 96001
Phone: (530) 225-5659
tforbish@co.shasta.ca.us
DAC is training County staff to use DACTrak to perform self-
inspections of County facilities using the DACTrak Intake
inspection software.
The County is also using the DACTrak online management
software to update the County’s transition and barrier removal
plan.
Contract End Date: Current project (City staff uses DAC tablet to
complete their own inspections)
Contract Amount: $25,000
City of La Quinta
Terry Deeringer
Human Resources/General Services
Manager
78495 Calle Tampico
La Quinta, CA 92253
Phone: (760) 777-7041
Tdeeringer@la-quinta.org
ADA Self-evaluation and transition plans of buildings, parks,
intersections, roadways, sidewalks and public rights-of-way.
The City was provided DACTrak Accessibility Management
Software to manage the implementation of the plan,
document resources needed and document progress.
The ADA Self-Evaluation of programs, services and activities to
determine if any were discriminatory for individuals with
disabilities was completed by DAC.
Contract End Date: 2012 & ongoing consultation
Contract Amount: $100,000
City of San Clemente
Johanne Thordahl
Risk Mgmt. Analyst
100 Avenida Presidio
San Clemente, CA 82672
Phone: (949) 361-8203
ThordahlJ@san-clemente.org
Sam Penrod
Human Resources Manager
100 Avenida Presidio
San Clemente, CA 92672
Phone: (949) 361-8313
PenrodS@san-clemente.org
ADA Self-evaluation and transition plans of buildings, parks,
piers, beach areas, golf course, pools, beach concessions,
lifeguard areas, trails and public rights-of-way.
The City was provided DACTrak Accessibility Management
Software to manage the implementation of the plan,
document resources needed and document progress.
The ADA Self-Evaluation of programs, services and activities to
determine if any were discriminatory for individuals with
disabilities was completed by DAC.
DAC also assisted with the resolution of two complaints.
Contract End Date: 2012, ongoing consultation
Contract Amount: $70,000
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.
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Disability Access Consultants Proposal to the City of Moorpark for ADA Consulting Services 9
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.
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Disability Access Consultants Proposal to the City of Moorpark for ADA Consulting Services 10
DAC has also found that having usable “software” and not just a database is very important to be able to easily
manage and update the transition plan. Our extensive experience with clients needing to have an easy to
manage and update plan was the catalyst for DAC to develop our DACTrak software for use by our clients.
Thus, other critical issues include:
Software to update and manage your Transition Plan
The ability to document progress and barrier removal
The ability to print custom reports
The ability to update the plan “automatically” when codes change without re-inspecting sites
The ability to project costs
The ability to add or delete facilities
DAC’s collection of actual measurements of as-is
conditions and GIS information for public rights-
of-way is another value added item. The
collection of an as-is condition is a valuable asset
to allow the user to make an informed decision
based on an actual measurement. For example, if
a “yes” or “no” approach is utilized to indicate if
an item is compliant, the user may not know what
the actual level of noncompliance is and would
not be able to set a priority or severity rating. If
codes change, the information collected can be
reprocess without the need to re-inspect, thus
providing longevity of the plan and internal
capacity of the City in a cost effective manner.
SCOPE OF WORK OVERALL PHASES
DAC proposes to execute the project in two phases. Detailed activities and deliverables are provided in the
following scope of work description.
Phase I: Study and Evaluation - Self-Evaluation/Facility Survey/Barrier Assessment
a) DAC will conduct an initial project kick-off meeting, if requested, with selected City of 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
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Disability Access Consultants Proposal to the City of Moorpark for ADA Consulting Services 11
use of automated equipment for running slopes on sidewalks, such as ultra-light profilers, do not provide
an actual measurement, but only provide a chart showing ranges. In some cases, if a change in level is
greater than ½ inch, no actual quantifiable information is reported of how much greater or of the severity.
In order to get the actual measurements for the sidewalks and intersections, the use of a “profiler” does
not provide the measurements needed for items such as automated pedestrian signals and street
furniture.
f) As required by the ADA, the 2010 ADA Standards will be compared with state codes (Title 24 of the
California Building Code) and the standard that provides the greater level of accessibility utilized. As DAC
collects as-is field conditions and records all information, data can be reprocessed if codes change without
conducting a re-inspection, thus resulting in a significant savings when codes change and the plan needs
to be updated.
g) Provisions and standards for historic buildings will be applied as appropriate.
h) Assessments and reports will include a high degree of detail with photographs, code references, and cost
estimates. The DACTrak software and reports will include additional specifics, such as as-built dimensions,
progress reports, additional prioritizations, preset reporting features and other custom reports. Reports
will be delivered in the format requested, and reports will also be available using DACTrak. The inclusion
of photographs showing the as-is condition has proven to be valuable assistance to clients in the
formulation of the decisions regarding barrier removal priorities. The DACTrak software provides an easy
to use accessibility management platform that exceeds the ability to manage the plan by hard copies and
binders. The assessment report of each facility will include cost estimates to correct deficiencies in
accordance with the ADA, Title 24 of the California Building Code.
i) Barriers are identified by building, floor, or location and given a unique identifier record number (UIN) to
assist with navigation in the accessibility software and location of the finding and recommendation by area
and site. Estimated applicable costs will be given by item and element in accordance with industry
standards. Costs can be easily adjusted to adhere to any cost estimates the City may utilize.
j) Physical access problems that require structural solutions will be documented in the Compliance
Assessment/Transition Plan. The proposed method for removal will be provided. The transition plan will
identify physical barriers that may limit accessibility of City programs, services or activities for individuals
with disabilities. The schedule for removal of barriers and appropriate timelines will be developed in
consultation with the City.
k) The field survey information will be presented to the ADA Compliance Team as requested using the
DACTrak web-based accessibility management system. Many different types of reports will be available
for the City. Feedback will be incorporated as appropriate.
l) The survey data will be compiled into a Transition Plan which will identify actual as-is conditions and
prioritize current barriers, provide a schedule for barrier removal, as well as establish procedures for
addressing future accessibility issues. The Transition Plan data is able to be exported to Excel or PDF
formats. The Transition Plan data will include photographs, findings, recommendations, code references,
estimated costs, priority settings (in addition to prioritized report) in accessibility software for accessibility
management. Photographs and GIS coordinates are valuable for the development of the transition plan.
m) DAC will assist the City to solicit input from members of the community and persons with disabilities.
Methods will be utilized to solicit public input may include notices, information on the website and surveys.
n) The Transition Plan data will be provided using DACTrak which has management, monitoring, and web-
based tracking tools that allow staff to manage current and future accessibility issues, update the
deficiency status, and generate reports to show progress in meeting the Transition Plan requirements.
Phase II: Implementation Phase - Transition Plan Development
a) DAC will develop, in collaboration with the City a comprehensive ADA Self-Evaluation and Transition plan
for facilities, buildings, 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.
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Disability Access Consultants Proposal to the City of Moorpark for ADA Consulting Services 12
d) DAC will assist the City to conduct public outreach activities that may include website announcements,
postings, surveys, announcements, individual meetings and other activities as requested.
e) DAC will prepare and produce a second draft if necessary with a detailed description of the barrier and the
proposed method for barrier removal.
f) DAC will train the City in the use of the
DACTrak web-based accessibility
management system to prepare reports as
well as update and manage the ADA Plan.
g) DAC will provide an executive summary of
the project.
h) If requested, DAC can present the draft ADA
Transition Plan at a regularly scheduled
council meeting for discussion and for
informational purposes. DAC does not
recommend that the plan be adopted by the
City, as adoption is not required and may
cause additional discussion regarding
projected dates in the plan that are meant to
be “projected and estimated dates” and not
final dates of barrier removal.
i) DAC will provide the City with DACTrak, a web-based monitoring, tracking, and management system at
project completion. DACTrak allows users to review and update progress in barrier removal, and to
generate many different styles of reports to document progress. DACTrak contains one or more integrated
photographs that are attached to the finding, eliminating the need to reference another area or report
supplement. DACTrak is an actual accessibility management software, not just electronic database of items
contained in the Facility Survey Report. DAC has found that an electronic database or Excel format does
not provide the City with a tool containing integrated photographs needed to implement the plan, set
priorities, make notes and print custom reports. If the City does not want to use the software, the data
can be placed in an Excel spreadsheet.
DAC will license DACTrak to the City to manage all of the field data collected, print custom reports,
document progress, estimate costs and perform other management functions;
Data collected will be the property of the City should the City decide for any reason not to continue
to use the DACTrak accessibility intake and management software system;
The California JPIA, of which the City is a member, has an agreement with DAC to pay for the use of
DACTrak;
DACTrak will include and provide correlation with field data collected, reports, transition plans,
drawings, code references, estimated costs and photographs for each noncompliant accessibility item
or element;
Reference maps for GIS information will be provided in addition to a linked mapping system for each
item;
DACTrak provides a description, location and record number for each barrier that allows the user to
access the information and location
j) DAC will provide City staff with training regarding ADA Compliance from both a programmatic and
administrative point of view and also for facility management and maintenance.
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Disability Access Consultants Proposal to the City of Moorpark for ADA Consulting Services 13
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
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Disability Access Consultants Proposal to the City of Moorpark for ADA Consulting Services 14
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
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Disability Access Consultants Proposal to the City of Moorpark for ADA Consulting Services 15
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
1-4
Weeks
5-8
Weeks
9-12
Weeks
13-16
Weeks
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
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.
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Disability Access Consultants Proposal to the City of Moorpark for ADA Consulting Services 16
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.
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Disability Access Consultants Proposal to the City of Moorpark for ADA Consulting Services 17
Supplemental Materials
Sample DACTrak Screen Shots and Information
These samples are generated from the DACTrak Accessibility Management web-based software program. The
following screen shots are recent examples of the DACTrak Management software prepared for several public
entity clients.
Upon logging in to
the secure DACTrak
website, you are able
to choose the facility
you would like to
view and manage.
These two screen
shots are examples of
facility lists for two
recent public entity
transition plan
projects.
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Disability Access Consultants Proposal to the City of Moorpark for ADA Consulting Services 18
After choosing a
facility, you are
able to use Reports
drop down menu
to choose which
report style to
view. You may
also choose to
view multiple
facilities in one
report.
This screenshot is
an example of the
home page for a
Basic Photo
Report. The sort
and filter panel
allows users to
quickly run reports
that generate
findings for
specified locations
or categories, or by
progress, priority
or resolution
status.
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Disability Access Consultants Proposal to the City of Moorpark for ADA Consulting Services 19
These two screenshots
are examples of a
finding page in a Basic
Photo Report. This
type of report shows
the user the finding,
with accompanying
recommendation to
correct the non-
compliant item, the
associated photo, code
reference(s), estimated
cost to remove the
barrier, and any
progress that has been
added to update the
transition plan.
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Disability Access Consultants Proposal to the City of Moorpark for ADA Consulting Services 20
This screenshot is
an example of a
finding page in a
Dual Photo Report.
This type of report
shows the user two
findings per page,
with accompanying
recommendations
to correct the non-
compliant item, the
associated photo,
code reference(s),
and estimated cost
to remove the
barrier.
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Disability Access Consultants Proposal to the City of Moorpark for ADA Consulting Services 21
The Dual Photo and Basic Photo Reports may be exported to an Excel workbook for easy management of the
transition plan data. The Excel workbook exports into a pre-formatted table with the filter function atop each
data column. The report is a fully functioning Excel spreadsheet that may be sorted, filtered and manipulated
by the user. The column for Picture identification numbers includes cells that are live links to the second tab
of the workbook which contains report photos. Clicking the cell for a particular report finding will bring up the
associated picture on the Photos tab.
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Disability Access Consultants Proposal to the City of Moorpark for ADA Consulting Services 22
Users can update
progress using the
Tools drop down
menu.
Record Manager
allows each record
to be updated
individually.
Global Progress
Editor allows many
records to be
updated at once
with identical
information.
Priority Manager
allows many
records to be
updated at once
with unique
information.
Record Manager
allows the user
to choose which
record to update
individually.
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Disability Access Consultants Proposal to the City of Moorpark for ADA Consulting Services 23
Once a record is
chosen in Record
Manager, the user
can set the priority,
select the status of
progress, add
projected and actual
dates of completion
and also document
any notes regarding
the record.
This screen shot
represents an example
of a record with
progress, updates and
comments added.
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Disability Access Consultants Proposal to the City of Moorpark for ADA Consulting Services 24
This is an example of
Global Progress Editor,
where the user may
select many records to
update at one time. In
this example, the
category has been
filtered to Passenger
Loading Zones using the
Categories drop down
menu.
This is an example of
Priority Manager, where
the user may select
many records to update
with unique information
from one screen. The
user may select
progress information
from the drop down
menus and enter dates
for each line item. All
information is updated
with one click of the
Submit button. In this
example, the category
has been filtered to
Sinks using the
Categories drop down
menu.
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Disability Access Consultants Proposal to the City of Moorpark for ADA Consulting Services 25
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.
849
Disability Access Consultants, LLC
2243 Feather River Boulevard
Oroville, CA 95965 US
(800) 743-7067
Invoice
BILL TO
California Joint Powers Insurance
Authority
Abraham Han
8081 Moody Street
La Palma, CA 90623
INVOICE #DATE TOTAL DUE DUE DATE TERMS ENCLOSED
18-065 04/30/2018 $8,000.00 05/30/2018 Net 30
ACTIVITY QTY RATE AMOUNT
Americans with Disabilities Act
Self-Evaluation and Transition Plan
City of Moorpark
Updated MOU
All data available in DACTrak
-----------------------------------------------
Public Rights-of Way Surveyed in APR
Please see attached DACTrak List
* All data entered into DACTrak
1 8,000.00 8,000.00
---------------------------------------------
Total PROW - Updated MOU
30 Miles Additional PROW
COMPLETED
-----------------------------------------------------
BALANCE DUE $8,000.00
850
MOORPARK - Extra Sidewalk Miles
Sidewalk Segments Miles
Mountain Meadow Drive - Tierra Rejada Road to Mountain Trail Street 0.88 9-Mar-18
Mountain Trail Street - Countryhill Road to Timberridge Road 0.56
Amberridge Court - Mountain Trail Street to Cul-De-Sac 0.12
Miller Parkway - Tierra Rejada Road to Los Angeles Avenue 2.51
Pheasant Run Street - Sleepy Wind Street to Westport Street 0.26
Westport Street - Brookhurst Court to Eastern Cul-De-Sac 0.52
Brookhurst Court - Tierra Rejada Road to Southern Cul-De-Sac 0.13
Hillshire Court - Westport Street to Southern Cul-De-Sac 0.08
Painted Sky Street - Westport Street to Camden Court 0.15
Camden Court - Eastern Cul-De-Sac to Western Cul-De-Sac 0.20
Thomasville Court - Westport Street to Southern Cul-De-Sac 0.25
Timberridge Road - Mountain Trail Street to Cul-De-Sac 0.31
Mapleridge Court - Timberridge Road to Cul-De-Sac 0.10
Terraceridge Road - Sunsetridge Road to Shadyridge Drive 0.27
Tierra Rejada Road - Spring Road to Route 23-North side only 0.79
Peach Slope Road - Williams Ranch Road to Cul-De-Sac 0.25
Laurel Glen Drive - Williams Ranch Road to Hillside Drive 0.19
Hillside Drive - Spring Creek Road to Laurel Glen Drive 0.52
Spring Creek Court - Walnut Creek Road to Cul-De-Sac 0.15
Spring Creek Road - Walnut Creek Road to End 0.37
Westmont Drive - Walnut Creek Road to Crystal Ranch Road 0.23
Crystal Ranch Road - Cliffrose Avenue to Cul-De-Sac 0.57
Oak Glen Court - Crystal Ranch Road to Cul-De-Sac 0.08
Winter Avenue - Cliffrose Avenue to Cul-De-Sac 0.19
Cliffrose Avenue - Winter Avenue to Summer Street 0.23
Walnut Creek Road - Hillside Drive to Tierra Rejada Road 0.54
Doneva Road - Crystal Ranch Road to Cul-De-Sac 0.17
Summer Street - Cliffrose Avenue to Cul-De-Sac 0.21
Williams Ranch Road - Cul-De-Sac to End 0.32
Williams Ranch Road - Peach Hill Road to End 0.64
North Alandia Court - Williams Ranch Road to Cul-De-Sac 0.08
North Colibri Court - Williams Ranch Road to Cul-De-Sac 0.08
Tecolote Court - Williams Ranch Road to Cul-De-Sac 0.10
Canario Court - Williams Ranch Road to Cul-De-Sac 0.10
North Granadilla Avenue - Williams Ranch Road to Cul-De-Sac 0.40
North Oloroso Circle - Granadilla Drive to Cul-De-Sac 0.04
North Clavele Avenue - North Granadilla Avenue to East Inglewood Street 0.10
East Golondria Street - Peach Hill Road to Cul-De-Sac 0.27
Palomitas Circle - East Golondria Street to Cul-De-Sac 0.08
851
Westgate Road - Peach Hill Road to Woodglen Drive 0.04
Robinwood Lane - Laurelhurst Road to Cul-De-Sac 0.10
Rolling Knoll Road - Peach Hill Road to Laurelhurst Road 0.08
Edenbridge Road - Los Angeles Avenue to Majestic Court 0.31
Adlena Place - Vista Del Valle Drive to Cul-De-Sac 0.09
Southhampton Road - Tierra Rejada Road to Ransom Road 0.02
Ransom Road - Southhampton Road to Cul-De-Sac 0.35
Keisha Drive - Southhampton Road to Cul-De-Sac 0.21
Sunnyslope Place - Hidden Pines Court to Cul-De-Sac 0.09
Wintergreen Lane - Hidden Pines Court to Cul-De-Sac 0.22
Canyonwood Court - Hidden Pines Court to Cul-De-Sac 0.28
Tierra Rejada Road - Spring Road to Pheasant Run Street 1.68
Hidden Pines Court - Tierra Rejada Road to Cul-De-Sac 0.29
Misty Grove Street - Heatherwood Hollow Avenue to Cul-De-Sac 0.71
Hunters Grove Court - Misty Grove Street to Cul-De-Sac 0.24
Cherrygrove Street - Misty Grove Street to Cul-De-Sac 0.78
Beechgrove Court - Misty Grove Street to Cul-De-Sac 0.26
Heatherwood Hollow Avenue - Misty Grove Street to Cherry Grove Street 0.19
Walnut Creek Road - Tierra Rejada Road to Mountain Meadow Drive 1.01
Coral Crest Court - Walnut Creek Road to Cul-De-Sac 0.08
Aldergrove Street - Heatherwood Hollow Avenue to Mountain Meadow D 0.40
Little Hollow Place - Aldergrove Street to Cul-De-Sac 0.22
London Grove Court - Pine Hollow Place to Cul-De-Sac 0.22
Pine Hollow Place - Aldergrove Street to Cul-De-Sac 0.29
Misty Hollow Court - Rivergrove Street to Cul-De-Sac 0.13
Sandy Hollow Court - Rivergrove Street to Cul-De-Sac 0.10
River Grove Street - Mountain Meadow Drive to Pine Hollow Place 0.28
Arborhill Street - Walnut Creek Road to Havencrest Street 0.77
Hunter Crest Court - Arborhill Street to Cul-De-Sac 0.21
River Grove Street - Mountain Meadow Drive to Pine Hollow Place 0.37
Alderbrook Street - Rivergrove Court to Cul-De-Sac 1.17
Berrybrook Court - Alderbrook Street to Cul-De-Sac 0.27
Bubbling Brook Street - Alderbrook Street to Alderbrook Street 0.31
Honey Brook Court - Cedar Springs Street to Cul-De-Sac 0.34
Havencrest Street - Walnut Creek Road to Cul-De-Sac 0.32
Silver Crest Street - Maplecrest Street to Havencrest Street 0.71
Maplecrest Street - Chestnut Ridge Street to Cul-De-Sac 0.49
Chestnut Ridge Street - Mountain Meadow Drive to Cul-De-Sac 0.65
Blossomwood Court - Mountain Meadow Drive to Cul-De-Sac 0.27
852
Mountain Meadow Drive - Tierra Rejada Road to Cedar Springs Street 1.08
Mountain Meadow Drive - Mountain Trail Street to Cedar Springs Street 0.71
Timber View Court - Chestnut Ridge Street to Cul-De-Sac 0.24
Quailwood Street - Chestnut Ridge Street to Mountain Meadow Drive 0.55
Flowerwood Court - Quailwood Street to Cul-De-Sac 0.18
Bending Oak Court - Quailwood Street to Cul-De-Sac 0.22
Winter Wood Court - Quailwood Street to Cul-De-Sac 0.25
Cedar Springs Street - Mountain Trail Street to Mountain Meadow Drive 0.54
Sunsetridge Road - Mountain Trail Street to Cul-De-Sac 0.47
Havenridge Court - Shadyridge Drive to Cul-De-Sac 0.09
Tierra Rejada Road - Mountain Trail Street to Countrywood Drive 0.53
Torino Street - Mountain Meadow Drive to Cedar Springs Street 0.32
Revello Street - Torino Street to Mirabello Street 0.33
Mirabello Street - Torino Street to Revello Street 0.17 27-Mar-18
TOTAL 33.27
853
PROFESSIONALSERVICESAGREEMENTTHISAGREEMENTforProfessionalServices(“Agreement”)ismadethis dayofMarch14,2017(“EffectiveDate”)by andbetweentheCaliforniaJointPowersInsuranceAuthority(“Authority”)andDisabilityAccessConsultants(“Consultant”)(togethersometimesreferredtothe“Parties”).Section1.SERVICES.SubjecttothetenusandconditionssetforthinthisAgreement, ConsultantshallprovidetoAuthoritytheservicesdescribedintheScopeofWorkattachedasExhibitA,andincorporatedhere.SuchworkshallbeprovidedatthetimeandplaceandinthemannerspecifiedinExhibitA.IntheeventofaconflictinorinconsistencybetweenthetermsofthisAgreementandExhibitA,thisAgreementshallprevail.1.1TermofServices.ThetermofthisAgreementshallbeginontheEffectiveDateandshallend onJune30.2018.ConsultantshallcompletetheworkdescribedinExhibitApriortothatdate,unlessthetermoftheAgreementisothenviseterminatedorextendedasprovidedforinSection8.ThetimeprovidedtoConsultanttocompletetheservicesrequiredbythisAgreementshallnotaffecttheAuthority’srighttoterminatetheAgreement,asprovidedforinSection8.1.2StandardofPerformance.ConsultantshallperformallservicesrequiredpursuanttothisAgreementinthemannerandaccordingtothe standardsobservedbyacompetentpractitionerincludingthenecessaryexpertiseorknowledgeoftheprofessioninwhichConsultantisengagedinthegeographicalareainwhichConsultantpracticesitsprofessionandtothesolesatisfactionoftheprojectrepresentative.1.3AssignmentofPersonnel.ConsultantshallassignonlycompetentpersonneltoperformservicespursuanttoAgreement.Intheeventthat Authority,initssolediscretion,atanytimeduringthetermofthisAgreement,desiresthereassignmentofanysuchpersons,Consultantshall,immediatelyuponreceivingnoticefromAuthorityofsuchdesireofAuthority,reassignsuchpersonorpersons.1.4Time.Consultantshalldevotesuchtimetotheperformanceofservices pursuanttothisAgreementasmaybereasonablynecessarytosatisfyConsultant’sobligationshereunder.1.5AuthorizationtoPerformServices.TheConsultantisnotauthorizedtoperformanyservicesorincuranycostswhatsoeverunderthetermsofthisAgreementuntilreceiptofauthorizationfromtheAuthority’sprojectrepresentative.1.6EligibleRecipientsofServices.AuthoritymemberswillreceiveafundingallowancetowardADA assistancelevelservicesasoutlined underthescopeofthisagreement.AdditionalservicesoutsideoftheADAassistancelevel servicesshallbeattheagreeduponhourlyrateof$98perconsultant.AllmembersoftheAuthorityareeligible,includingbut notlimitedto:3/14/17FINALDAC/JPIAPage1854
CityofAgouraHills,AgouraHills/CalabasasCommunityCenter,CityofAlisoViejo,TownofAppleValley,AreaBDisasterManagement, AreaEDisasterManagement,CityofArroyoGrande,CityofArtesia,CityofAtascadero,CityofAzusa,CityofBellGardens,CityofBeilfiower,BigBearCityCommunityServicesDistrict,BigBearFireAuthority,CityofBigBearLake,CityofBishop,BlackGoldCooperativeLibrarySystem,CityofBradbury,CityofBrawley,CityofBueliton,CityofCalabasas,CityofCamarillo, CityofCarpinteria, CityofCerritos,CityofChinoHills,CityofClaremont,CoachellaValleyAssociationofGovernments, CoachellaValleyConservationCommission,Coastal AnimalServicesAuthority,CityofCommerce,CityofDana Point,DesertRecreationDistrict,CityofDiamondBar,CityofDuarte,EasternSierraTransportationAuthority,CityofElCentro,CityofFillmore,CityofFountainValley,GatewayCitiesCouncilofGovernments,CityofGoleta,CityofGrandTerrace,CityofGroverBeach,CityofGuadalupe,CityofHawaiianGardens,CityofHiddenHills,CityofImperial,CityofIndianWells,CityofIndio,CityofIrwindale,CityofLaCanadaFlintridge,CityofLaHabraHeights,LAIMPACT, CityofLaMirada,CityofLaPalma,CityofLaPuente,CityofLaQuinta,CityofLaVerne,CityofLagunaNiguel,CityofLagunaWoods,CityofLakeElsinore,CityofLakeForest,CityofLakewood,LA-RICS,CityofLawndale,CityofLomaLinda,CityofLomita, CityofMalibu,TownofMammothLakes,MidpeninsulaRegionalOpenSpaceDistrict, CityofMissionViejo,CityofMonrovia,MontereyPeninsulaRegionalParkDistrict, CityofMoorpark,CityofMorroBay,MountainAreaRegionalTransportationAuthority,CityofNeedles,CityofNorwalk,CityofOjai,OrangeCountyCouncilofGovernments,CityofPalmDesert,CityofPalosVerdesEstates,PalosVerdesPeninsulaTransitAuthority,CityofParamount,CityofPasoRobles,CityofPicoRivera,CityofPismoBeach,PomonaValley TransportationAuthority,CityofPortHueneme,CityofPoway,CityofRanchoPalosVerdes,CityofRollingHills,CityofRollingHillsEstates,CityofRosemead,CityofSanClemente,CityofSanDimas,CityofSanGabriel,CityofSanJuan Capistrano,CityofSanLuisObispo, CityofSanMarcos,CityofSanMarino,CityofSantaFeSprings,CityofSanta Paula, CityofSealBeach,CityofSeaside,SeasideCountySanitation,CityofSierraMadre,CityofSignalHill,CityofSolvang, CityofSouthElMonte,SoutheastAreaAnimal Control Authority,SouthernCaliforniaAssociationofGovernments,CityofTempleCity,VenturaPort District,CityofVillaPark,CityofWalnut,WestCities PoliceCommunicationCenter,CityofWestlakeVillage.Section2.COMPENSATION.AuthorityherebyagreestopayConsultantinaccordancewiththepaymentscheduleassetforthinExhibitB,attachedheretoandincorporatedherein byreferenceasthoughsetforthinfull,baseduponworkcompleted,asdefinedinExhibitA.IntheeventofaconflictbetweenthisAgreementandExhibitA,regardingtheamountofcompensation,thisAgreementshallprevail.AuthorityshallpayConsultantforservicesrenderedpursuanttothisAgreementatthetimeandinthemannersetforth herein.Thepaymentsspecified belowshall be theonlypaymentsfromAuthoritytoConsultantforservicesrenderedpursuanttothis Agreement.ConsultantshallsubmitallinvoicestoAuthorityinthemannerspecifiedherein.ExceptasspecificallyauthorizedinadvancebyAuthority,ConsultantshallnotbillAuthorityforduplicateservicesperformedbymorethanone person.3/14/17FINALDAC/JPIAPage2855
2.1Invoices.ConsultantshallsubmitinvoicesduringthetermofthisAgreement,basedontheworkcompleted,andwithin30days.Allworkbilledshallbeonapermemberbasis,withanitemized detailofset-vicesperformed.2.2Payment.Authorityshallmakemonthlypayments,basedoninvoices received,forservicessatisfactorilyperformed,andforauthorizedreimbursablecostsincutTed.Authorityshallhave30days fromthereceiptofaninvoicethatcomplieswithalloftherequirements abovetopayConsultant.2.3TotalPayment.AuthorityshallnotpayanyadditionalsumforanyexpenseorcostwhatsoeverincurredbyConsultantinrenderingservicespursuanttothisAgreement.Authorityshallmakenopaymentforany extra,further,oradditionalservicepursuanttothisAgreement.2.4PaymentofTaxes.ConsultantissolelyresponsibleforthepaymentofemploymenttaxesincurredunderthisAgreementandanyfederalorstate taxes.2.5PaymentuponTermination.Intheeventthat theAuthorityorConsultanttetminatesthisAgreementpursuanttoSection8,theAuthorityshaltcompensatetheConsultantforalloutstandingcostsandreimbursableexpensesincurredforworksatisfactorilycompletedasofthedateofwrittennoticeoftermination. Consultantshallmaintainadequatelogsandtimesheetsinordertoverifycostsincurredtothatdate.Section3.EQUIP1tIENT.Exceptasotherwiseprovided,Consultantshall,atitssolecost andexpense,provideallsuppliesandequipmentnecessarytoperform the servicesrequiredbythisAgreement.Section4.INSURANCEREQUIREMENTS.WithoutlimitingConsultant’sindemnificationofAuthority,andpriortocommencementofWork,Consultantshallobtain,provideandmaintainat itsownexpenseduringthetermofthisAgreement,policiesofinsuranceofthetypeandamountsdescribedbelowandinaformsatisfactorytoAuthority.4.1GeneralLiabilityInsurance.ConsultantshallmaintaincommercialgeneralliabilityinsurancewithcoverageatleastasbroadasInsuranceServicesOfficeformCG0001,inanamountnotlessthan$1,000,000peroccurrence,$2,000,000generalaggregate,forbodilyinjury,personalinjury,andpropertydamage. Thepolicymustincludecontractualliabilitythat hasnotbeenamended.Any endorsementrestrictingstandard[SO“insuredcontract”languagewill notbeaccepted.4.2AutomobileLiabilityInsurance.ConsultantshallmaintainautomobileinsuranceatleastasbroadasInsuranceServicesOfticeformCA0001coveringbodilyinjuryandpropertydamageforatlactivitiesoftheConsultant arisingoutoforinconnectionwithWorktobeperformedunderthisAgreement,includingcoverageforanyowned,hired,non-ownedor rentedvehicles,inanamountnotlessthanS1.000,000combinedsinglelimitforeachaccident.3/14/17FINALDAC/JPIAPage3856
4.3ProfessionalLiabiLity(Errors&Omissions)Insurance.ConsultantshallmaintainprofessionalliabilityinsurancethatcoverstheServicestobeperformedinconnectionwith thisAgreement,intheminimumamountof$l,000,000per claimandintheaggregate. Anypolicy inceptiondate,continuitydate,orretroactivedatemustbebeforetheeffectivedateofthisagreementandConsultantagreestomaintaincontinuouscoveragethroughaperiodnolessthanthreeyearsaftercompletionoftheservicesrequiredbythisagreement.4.4Workers’CompensationInsurance.ConsultantshallmaintainWorkers’CompensationInsurance(StatutoryLimits)andEmployer’s LiabilityInsurance(withlimitsofatleast$1,000,000).4.5ProofofInsurance.ConsultantshallprovidecertificatesofinsurancetoAuthorityasevidenceoftheinsurancecoveragerequiredherein,alongwithawaiverofsubrogationendorsementforworkets’ compensation.InsurancecertificatesandendorsementsmustbeapprovedbyAuthoi-ity’sriskmanagerpriortocommencementofperfonnance.CurrentcertificationofinsuranceshallbekeptonfilewithAuthorityatalltimesduringthetermofthiscontract.Authorityreservestherighttorequirecomplete,certifiedcopiesofallrequiredinsurancepolicies,atanytime.4.6DurationofCoverage.Consultantshallprocureandmaintainforthedurationofthecontractinsurance againstclaimsforinjuriestopersonsordamagestoproperty,whichmayarisefromorinconnectionwith theperformanceoftheworkhereunderbyConsultant,itsagents,representatives,employeesorsub-consultants.4.7Primary/Noncontributing.CoverageprovidedbyConsultantshall beprimaryandanyinsuranceoi-self-insuranceprocuredormaintainedbyAuthorityshallnot berequiredtocontributewithit.Thelimitsofinsurancerequiredhereinmaybesatisfiedbyacombinationofprimaryandumbrellaorexcessinsurance.Any umbrellaorexcessinsuranceshallcontainorbeendorsedtocontainaprovisionthatsuchcoverageshallalsoapplyonaprimaryandnon-contributorybasisforthebenefitofAuthoritybeforetheAuthority’sowninsuranceorself-insuranceshallbecalledupontoprotectitasanamedinsured.4.8Authority’sRightsofEnforcement.Inthe eventanypolicyofinsurancerequiredunderthisAgreementdoesnotcomplywiththesespecificationsoriscanceledandnotreplaced,AuthorityhastherighthutnotthedutytoobtaintheinsuranceitdeemsnecessaryandanypremiumpaidbyAuthoritytvillbepromptlyreimbursedbyConsultantorAuthoritywillwithholdamounts sufficienttopaypremiumfiornConsultantpayments.Inthealternative,AuthoritymaycancelthisAgreement.4.9AcceptableInsurers.AllinsurancepoliciesshallbeissuedbyaninsurancecompanycurrentlyauthorizedbytheInsuranceCommissionertotransact businessofinsuranceorisontheListofApprovedSurplusLineinsurersintheStateofCalifornia,withanassignedpolicyholders’RatingofA-(orhigher)andFinancialSizeCategoryClassVI3/14/17FINALDAC/JPIAPage4857
(orlarger)inaccordancewith the latesteditionofBest’sKeyRatingGuide,unlessotherwiseapprovedbytheAuthority’sriskmanager.4.10WaiverofSubrogation.Allinsurancecoveragemaintainedorprocuredpursuanttothisagreementshallbeendorsedtowaivesubrogationagainst Authority,itselectedorappointedofficers, agents,officials, employeesandvolunteersorshallspecificallyallowConsultantor othersprovidinginsuranceevidenceincompliance withthesespecificationstowaivetheirrightofrecovery priortoaloss.Consultanthereby waivesitsown rightofrecoveryagainstAuthority,andshallrequiresimilarwrittenexpresswaiversandinsuranceclausesfromeachofitssub-consultants.4.11EnforcementofContractProvisions(NonEstoppel).Consultantacknowledgesandagreesthatanyactualorallegedfailureonthe partoftheAuthoritytoinformConsultantofnon-compliancewithanyrequirementimposesnoadditionalobligationsontheAuthoritynordoesitwaiveany rightshereunder.4.12RequirementsNotLimiting.Requirementsofspecificcoverage featuresor limitscontainedinthis Sectionarenotintendedasalimitationoncoverage,limitsorotherrequirements,orawaiverofanycoveragenormally provided byanyinsurance.Specificreferencetoagivencoveragefeatureisforpurposesofclarificationonlyasitpertainstoagivenissueandisnotintendedbyanypartyorinsuredtobeallinclusive,ortotheexclusionofothercoverage,orawaiverofanytype.IftheConsultant maintainshigherlimitsthantheminimumsshownabove, theAuthorityrequiresandshallbeentitledtocoverageforthehigherlimitsmaintainedbytheConsultant.AnyavailableinsuranceproceedsinexcessofthespecifiedminimumlimitsofinsuranceandcoverageshallbeavailabletotheAuthority.4.13NoticeofCancellation.ConsultantagreestoobligeitsinsuranceagentorbrokerandinsurerstoprovidetoAuthoritywithathirty(30)daynoticeofcancellation(exceptfornonpaymentforwhichaten (10)daynoticeisrequired)ornonrenewalofcoverageforeachreqtLiredcoverage.4.14AdditionalInsuredStatus.GeneralliabilitypoliciesshallprovideorbeendorsedtoprovidethatAuthorityanditsofficers,officials, employees,agents,volunteers,andmembersshallbeadditionalinsureds undersuchpolicies.Thisprovisionshallalsoapplytoanyexcess/umbrella liabilitypolicies.4.15ProhibitionofUndisclosedCoverageLimitations.Noneofthecoverages requiredhereinwillbeincompliancewiththeserequirementsiftheyincludeanylimitingendorsementofany kindthathasnotbeenfirstsubmittedtoAuthorityandapprovedofinwriting.4.16SeparationofInsureds.Aseverabilityofinterests provisionmust applyforalladditionalinsuredsensuringthatConsultant’sinsuranceshallapplyseparatelytoeachinsured againstwhom claimismadeorsuitisbrought,exceptwithrespecttothe3/14/17FINALDAC/JPIAPage5858
insurer’slimitsofliability.Thepolicy/policiesshallnotcontainanycross-liabilityexcicLSIOfl5.4.17PassThroughClause.Consultantagreestoensurethatitssub-consultants,subcontractors,andanyotherpartyinvolvedwiththeprojectwhoisbroughtontoorinvolvedintheprojectbyConsultant,providethesameminimuminsurancecoverageandendorsementsrequiredofConsultant.Consultantagreestomonitorandreviewallsuchcoverageandassumesallresponsibilityforensuringthatsuchcoverageisprovidedinconformitywiththerequirementsofthissection.Consultantagreesthatuponrequest,allagreementswithconsultants,subcontractors,andothersengagedintheprojectwillbesubmittedtoAuthorityforreview.4.18Authority’sRighttoReviseSpecifications.TheAuthorityreservestherightatanytimeduringthetermofthecontracttochangetheamountsandtypesofinsurancerequiredbygivingtheConsultantninety(90)daysadvancewrittennoticeofsuchchange.IfsuchchangeresultsinsubstantialadditionalcosttotheConsultant,theAuthorityandConsultantmayrenegotiateConsttltant’scompensation.4.19Self-InsuredRetentions.Anyself-insuredretentionsmustbedeclaredtoandapprovedbyAuthority.Authorityreservestherighttorequirethatself-insuredretentionsbeeliminated,lowered,orreplacedbyadeductible.Self-insurancewillnotbeconsideredtocomplywiththesespecificationsunlessapprovedbyAuthority.4.20TimelyNoticeofClaims.ConsultantshallgiveAuthoritypromptandtimelynoticeofclaimsmadeorsuitsinstitutedthatariseotttoforresultfromConsultant’sperformanceunderthisAgreement,andthatinvolveormayinvolvecoverageunderanyoftherequiredliabilitypolicies.4.21AdditionalInsurance.Consultantshallalsoprocureandmaintain,atitsowncostandexpense,anyadditionalkindsofinsurance,whichinitsownjudgmentmaybenecessaryforitsproperprotectionandprosecutionofthework.Section5.INDEMNIFICATIONConsultantshallindemnify,defendwithcounselacceptabletoAuthorityandholdharmlesstheAuthorityanditsofficials,officers,employees,agents,members,andauthorizedvolunteersfromandagainstanyandalllosses,liabilities,claims,suits,actions,arbitrationproceedings,administrativeproceedings,regulatoryproceedings,damagesandexpensesofanykind,whetheractualorthreatened,(includingbutnotlimitedtoattorneys’feesandcosts,courtcosts,interestdefensecosts,andexpertwitnessfees)wherethesameariseoutofareaconsequenceoforareinanywayattributableto,inwholeorinpart,theperformanceofthisAgreement(orthefailuretoperform)byConsultantorbyanyindividualorentityforwhichConsultantislegallyliable,includingbutnotlimitedtoofficers,agents,employeesorsubcontractorsofConsultant.Suchindemnification,defenseandholdharmlessextendtoConsultant’sprovision,use,transportandstorageofhazardousmaterials,asthosecommonlyaredefinedunderstateandfederallawsandregulations.3/14/17FINALDAC/JPIAPage6859
TheforegoingobligationofConsultantshallnotapplywhen(1)theinjury,lossoflife,damagetopropertyorviolationoflawariseswhollyfromthenegligenceorwillful misconductoftheAuthorityoritsofficers,employees,agents,members,orauthorizedvolunteersand(2)theactionsofConsultantoritsemployees,subcontractorsoragentshave contributedinnoparttotheinjury,lossoflife,damagetoproperty,orviolationoflaw.ItisunderstoodthatthedutyofConsultanttoindemnifyandholdharmlessincludesthedutytodefendassetforthinSection2778oftheCaliforniaCivilCode.AcceptancebyAuthorityofinsurancecertificatesandendorsementsrequiredunderthisAgreementdoesnotrelieve Consultantfromliabilityunderthisindemnificationandholdharmlessclause.Thisindemnificationandholdharmlessclauseshallapplytoanydamagesorclaimsfordamageswhetherornotsuchinsurancepoliciesshallhavebeendeterminedtoapply.ByexecutionofthisAgreement,ConsultantacknowledgesandagreestotheprovisionsofthisSectionandthatitisamaterialelementofconsideration.Section6.STATUSOFCONTRACTOR.6.1IndependentContractor.AtalltimesduringthetermofthisAgreement,Contractorshallbeanindependent contractorandshallnot beanemployeeofAuthority.AuthorityshallhavetherighttocontrolContractoronlyinsofarasthe resultsofContractor’sservicesrenderedpursuanttothisAgreementandassignmentofpersonnelpursuanttoSubparagraph1.3;however,otherwise Authorityshallnothavetherighttocontrolthemeansby whichContractoraccomplishesservicesrenderedpursuanttothisAgreement.NotwithstandinganyotherAuthority,state,orfederalpolicy,rule,regulation,law,orordinancetothe contrary,ContractorprovidingservicesunderthisAgreementshallnotqualifyfororbecomeentitledtoanycompensation,benefit,oranyincidentofemploymentbyAuthority,includingbutnotlimitedtoeligibilitytoenrollintheCaliforniaPublicEmployeesRetirementSystem(PERS)asanemployeeofAuthorityandentitlementtoanycontributiontobepaidbyAuthorityforemployercontributionsand/or employee contributionsfor PERSbenefits.ItisunderstoodbythepartiesthatContractorisindependentanddoesnotconstituteacommonlaw(employer-employee)relationshipandsaidagreementisexemptforthepost-retirementemploymentrequirements.Section7.LEGALREQUIREMENTS.7.1GoverningLaw.ThelawsoftheStateofCaliforniashallgovernthisagreement.7.2CompliancewithApplicableLaws.Consultantandanysubcontractorshallcomplywithallapplicablelocal,stateandfederallawsandregulationsapplicabletotheperformanceoftheworkhereunder.7.3Licensesand Permits.ConsultantrepresentsandwarrantstoAuthoritythatConsultantanditsemployees.agents.andanysubcontractorshavealllicenses,permits,qualifications,andapprovalsofwhatsoevernaturethatislegallyrequiredtopracticetheirrespectiveprofessions.ConsultantrepresentsandwarrantstoAuthoritythatConsultantanditsemployees,agents,anysubcontractorsshall,attheirsolecost andexpense,keepin3/14/17FINALDAC/JPIAPage7860
effectatalltimesduringthe termorthisAgreementanylicenses,permits,andapprovalsthatarelegally requiredtopracticetheirrespective professions.Inadditiontotheforegoing,Consultantandanysubcontractorsshall obtainandmaintainduringthe termofthisAgreementvalidBusinessLicensesfromAuthority.Section8.TERMINATIONANDMODIFICATION.8.1Termination.AuthorityandConsultant herebyagreethat thisAgreementmaybecancelledupon30 days’writtennotice.Inthe eventofterniination, Consultantshallbeentitledtocompensationforservicesperformedtotheeffectivedateoftermination;Authority,however,mayconditionpaymentofsuchcompensationuponConsultantdeliveringtoAuthorityanyoralldocuments,photographs, computersoftware,videoandattdiotapes,andother materialsprovidedtoConsultantorpreparedbyorforConsultantortheAuthorityinconnectionwiththisAgreement.8.2Extension.Bothpal-tiesagreethatextendingtheAgreementbeyond that providedforinSubsection1.1maybeinthebestinterestofallconcerned.AnysuchextensionshallrequireawrittenamendmenttothisAgreement,asprovidedforherein.AuthorityandConsultant understandandagree that,ifbothparties agreetosuchanextension,alltermsandconditionsoftheoriginalAgreementshallremainthe same,andextendedtothedateprovidedforinsaidamendment.8.3Amendments.ThepartiesmayamendthisAgreementonlybyawritingsignedbyalltheparties.8.4Survival.Allobligationsarising priortotheterminationofthisAgreementandallprovisionsofthisAgreementallocatingliabilitybetweenAuthorityandConsultantshallsurvivetheterminationofthisAgreement.8.5OptionsuponBreachbyConsultant.IfConsultantmateriallybreachesanyofthetermsofthisAgreement,Authority’sremediesshallinclude,butnotbelimitedto,anyorallofthefollowing:8.5.11mmcdiatelyterminatetheAgreement;8.5.2Retainthedocuments,andanyotherworkproductpreparedby ConsultantpursuanttothisAgreenient;8.5.3Retainadifferent ConsultanttocompletetheworkdescribedinExhibitAnotfinishedbyConsultant;or8.5.4ChargeConsultantthedifference betweenthecoststocompletetheworkdescribedinExhibitAthatisunfinishedatthetimeofbreachandthe3/14/17FINALDAC/JPIAPages861
amountthatAuthority wouldhavepaidConsultantputsuanttoSection2ifConsultanthadcompletedthework.Section9.KEEPINGANDSTATUSOFRECORDS.9.1RecordsCreatedasPartofConsultant’sPerformance.Allreports.data,maps.models,charts,studies,surveys,photographs, memoranda,plans,studies,specifications,records,files,oranyother documentsormaterials,inelectronicoranyotherformthatConsultantpreparesorobtainspursuanttothisAgreementandthatrelatetothematterscoveredhereunder,shallbethepropertyoftheAuthority.ConsultantherebyagreestodeliverthosedocumentstotheAuthorityuponterminationoftheAgreement.9.2Consultant’sBooksandRecords.Consultantshallmaintainanyandallledgers,booksofaccount.invoices,vouchers,canceledchecks,andotherrecordsordocumentsevidencingorrelatingtochargesforservicesorexpendituresanddisbursementschargedtotheAuthorityunderthisAgreementforaminimumofthree(3)years,orforanylongerperiodrequiredbyLaw,from thedateoffinalpaymenttotheConsultanttothisAgreement.9.3InspectionandAuditofRecords.AnyrecordsordocumentsthatSection9.2ofthisAgreementrequiresConsultanttomaintainshallbemadeavailableforinspection,audit,and/orcopyingatanytimeduringregularbusinesshours,uponoralorwrittenreqtiestof,theAuthority.UnderCaliforniaGovernmentCodeSection 8546.7,iftheamountofpublicfundsexpendedunderthisAgreementexceedsTenThousandDollars($10,000.00),theAgreementshallbesubjecttotheexaminationandauditoftheStateAuditor,attherequestofAuthorityoraspartofanyauditoftheAuthority,foraperiodofthree(3)yearsafterfinalpaymentundertheAgreement.Section10.MISCELLANEOUSPROVISIONS.101.Attorneys’Fees.IfeitherpartytothisAgreementbringsanyaction,includinganactionfordeclaratoryrelieLtoenforceorinterprettheprovisionofthisAgreement,theprevailingpartyshallbeentitledtoreasonableattorneys’feesinadditiontoanyotherrelieftowhichthatpartymaybeentitled.Thecourtmaysetsuchfeesinthesameactionorinaseparateaction broughtforthatpurpose.10.2Venue.IntheeventthateitherpartybringsanyactionagainsttheotherunderthisAgreement,theparties agreethattrialofsuchactionsla1lbevestedexclusivelyinOrangeCounty.10.3Severability.IfacourtofcompetentjurisdictionfindsorrulesthatanyprovisionofthisAgreementisinvalid,void,orunenforceable,theprovisionsofthisAgreementnotsoadjudgedshallremaininfullforceandeffect.TheinvalidityinwholeorinpartofanyprovisionofthisAgreementshallnotvoidoraffectthevalidityofanyotherprovisionofthisAgreement.3/14/17FINALDAC/JPIAPage9862
10.4NoImpliedWaiverofBreach.ThewaiverofanybreachofaspecificprovisionofthisAgreementdoesnotconstituteawaiverofanyother breachofthattermoranyothertermofthisAgreement.10.5SuccessorsandAssigns.TheprovisionsofthisAgreementshallinuretothebenefitofandshallapplytoandbindthesuccessorsandassignsoftheparties.10.6ConsultantRepresentative.AllmattersunderthisAgreementshallbehandledforConsultantbyBarbaraThorpe.10.7AuthorityContractAdministration.ThisAgreementshallbeadministeredbyNormanLefiuann(“ContractAdministrator”).AllcorrespondenceshallbedirectedtoorthroughtheContractAdministratororhisdesignee.10.8Notices.AnywrittennoticetoConsultantshallbe sentto:BarbaraThorpe,President/CEODisabilityAccessConsultants2243featherRiverBoulevardOroville,CA95965AnywrittennoticetoAuthorityshallbesenttotheprojectrepresentative,AbrahamHan.10.9Integration.ThisAgreement.includingthescopeofworkattachedheretoandincorporatedhereinasExhibitA,representstheentireandintegratedagreementbetweenAuthorityandConsultantandsupersedesallpriornegotiations,representations,oragreements,eitherwrittenor oral.10.10Counterparts.ThisAgreementmaybeexecutedinmultiplecounterparts,eachofwhichshallbeanoriginalandallofwhichtogethershallconstituteoneagreement.ThePartieshaveexecutedthisAgreementasoftheEffectiveDate.AUTHORITYCONSULTANTJohull,ChiefExecutiveOfcerBarbaraThorpe.President/CEO3/14/17FINALDAC/JPIAPage10863
EXHIBITASCOPEOfSERVICESConsultantwillprovidethenecessaryprofessionalservices:AssistanceLevel1:MemberAssessmentandOverallDiagnosticProfileConsultantwillperformanassessmenttodeterminethecurrentlevelofADAcompliance,inaccordancewithTitleIIoftheAmericanswithDisabilitiesAct,Section504oftheRehabilitationActandTitle24oftheCaliforniaBuildingCode,andplanacourseofactiontoenhancecompliance.ConsultantwillreviewtheinitiativesoftheMembertoassesswhethertheMemberhasmetanyorallofthemandatorycompliancerequirementsoftheADA,Section504oftheRehabilitationActandTitle24 andrelatedaccessibilitystandardsandrequirements.If,after review,itisdeterminedthatthememberneedstocompleteorreviseanyoftherequiredcompliance components,Consultantwillprovidearecommendedcomplianceplanthatmayincludeother assistance-leveloptions.AllmembersparticipatingintheAuthority’sADA AssistanceProgramshallreceiveAssistanceLevel1bydefault.Followingisalistofitemsdeterminedduringanassessment:•AnADAcoordinatorhasbeendesignated,noticed,andposted.•Each sitehasacurrenttransitionlbarrierremovalplanthatmeets therequirementsunderTitleIIoftheADA.•Aself-evaluationofprograms,services,activities,policies,procedures,andpracticeshasbeencompleted.•Thememberhasupdateditscurrenttransition/barrierremovalplan,ifapplicable.•CurrentADAtransition/barrierremovalplansincludeallsites,suchasnewsitesaddedsince thecompletionofthepreviousplan.•Spaceleased“to”othersbythememberisidentified.•AnycurrentADA-relatedconcernsorissuesareidentified,includinganypendingoractuallitigation.•ThemembermayneedquestionsansweredregardingtheADA,Title24oftheCaliforniaBuildingCode(CBC)orrelatedaccessibilitystandards.•Staffdevelopmentactivitieshavebeen providedorarerequested.•MethodsandprioritiesarerecommendedtomembersforachievingADAcompliance.2.AssistanceLevel2:InspectionofSites,DevelopmentofTransition/BarrierRemovalPlansConsultantwillinspectsitesthatmaybenewornotinspectedpreviously,orhavehadextensivemodernizationormajorremodeling.Workwillincludeinspectionofmemberfacilitiesandpublicrights-of-way,andidentificationofbarrierstoaccessibility,solutionstoremovethesebarriers,andincorporationoftheinformationintoConsultant’saccessibilitymanagementsoftware.3/14/17FINALDAC/JPIAPage11864
AspartofAssistanceLevel2,Consultantwillprovidetraining regardingtheuseofthemanagementportionofDACTrak.AssistanceLevel2doesnotincludecomprehensivetrainingintheuseofDACTrakforthemembertocollecttheirowndata.3.AssistanceLevel3:Self-EvaluationofPolicies, Procedures,PracticesConsultantwillconductareviewofpolicies,procedures,andpracticestodetermineifanyarediscriminatoryorpotentiallydiscriminatory.Programs,services,andactivitieswouldbereviewedtodetermineaccessibilitybypersonswithdisabilities.3/14/17FINALDAC/JPIAPage12865
EXHIBITBRATESANDSCHEDULEOFPAYMENTSBillingandReimbursement:AssistanceLevel1:MemberAssessmentandOverallDiagnosticProfileTherateforthisassistancelevelisatotalone-timechargepermemberof$2,800,whichincludesallexpenses.2.AssistanceLevel2:InspectionofSites,DevelopmentofTransition/BarrierRemovalPlansThehourlyrateis$98perconsultant,plusactualexpenses.Anyamountsforservicesprovidedbeyondthe$16,500per-memberfundingallowancewillbebilledtoAuthorityforpayment.DACTrakSoftwareLicenseMembersthathaveDACperforminspectionsofallfacilitiesandpublicrightsofway(AssistanceLevel2)shallreceiveaone-year DACTraksoftwarelicenseatnocosttoeitherthememberortheAuthority.Inallotherinstances,theAuthorityshallpaythefirstyearoftheDACTraksoftwarelicensefeeforthemember.AnyDACTraksoftwarelicensefeesbeyondthefirstyearshallbepaidbythememberandnotbytheAuthority.TheDACTrakannualsoftwarelicensefeeis$2,000.3.AssistanceLevel3:Self-EvaluationofPolicies,Procedures, PracticesThehourlyrateis$98perconsultant,plusactualexpenses.Foramountsforservicesprovidedbeyondthe$5,000per-memberfundingallowancewillbebilledtoAuthorityforpayment.4.ExpensesReasonable,actualexpenseswillbechargedasauthorizedbyAuthorityandmayincludemileageattheIRSrate,hotel,meals,rentalcar,airfare(nofirst-classflights)andtraveltime.3/14/17FINALDAC/JPIAPage13866