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HomeMy WebLinkAboutA6259 - DISABILITY ACCESS CONSULTANTS, INC. NEIGHBORHOOD & COMM RELATIONS DEPART CONSULTING SERVICES AGREEMENT AMERICANS with DISABILITIES ACT (ADA) SERVICES DISABILITY ACCESS CONSULTANTS,INC. THIS AGREEMENT FOR CONSULTING SERVICES ("Agreement") is made and entered into on September 1, 2015,by and between the City of Palm Springs, a California charter city and municipal corporation ("City"), and Disability Access Consultants, a Califomia Corporation, ("Consultant"). City and Consultant are individually referred to as "Party" and are collectively referred to as the"Parties". RECITALS A. City requires the services of a professional ADA consultant to be provide on-call services("Project") on an as-needed basis. B. Consultant has submitted to City a proposal to provide on-call ADA consulting services on an as-needed basis to City under the terms of this Agreement. C. Based on its experience, education, training, and reputation, Consultant is qualified and desires to provide the necessary services to City for the Project. D. City desires to retain the services of Consultant for the Project. In consideration of these promises and mutual agreements,City agrees as follows: AGREEMENT 1. CONSULTANT SERVICES 1.1 Scone of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide on-call ADA consulting services on an as-needed basis to City as described in the Scope of Services/Work attached to this Agreement as Exhibit "A" and incorporated by reference (the "services" or "work"). Exhibit "A" includes the agreed upon scope of services and the schedule of fees. Consultant warrants that all services and work shall be performed in a competent, professional, and satisfactory manner consistent with prevailing industry standards. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern. 1.2 Compliance with Law. Consultant services rendered under this Agreement shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations. 1.3 Licenses and Permits. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. 1 Revised:611e/10 720599.1 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that it has carefully considered how the work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the work under this Agreement. 2. TIME FOR COMPLETION The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this Agreement when requested by City according to an agreed upon schedule of performance- Consultant shall not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Consultant. Delays shall not entitle Consultant to any additional compensation regardless of the party responsible for the delay. 3. COMPENSATION OF CONSULTANT 3.1 Compensation of Consultant. Consultant shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the Cost for services on an as- needed basis set forth in Exhibit "A". The total amount of Compensation shall not exceed $25,000. 3.2 Method of Payment. In any month in which Consultant wishes to receive payment, Consultant shall submit to City an invoice for services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City's finance director. Payments shall be based on the hourly rates set forth in Exhibit "A" for authorized services performed. City shall pay Consultant for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Consultant's invoice. 3.3 Chanees. In the event any change or changes in the Scope of Services/Work is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including,but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents, work product, or work,when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant's profession. 3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made,this Agreement shall automatically terminate without penalty to City. 4. PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 2 Revised:6/18710 720599.1 4.2 Schedule of Performance. All services rendered under this Agreement shall be performed under an agreed upon schedule of performance. Any time period extension must be approved in writing by the Contract Officer. 4.3 Force Maieure. The time for performance of services to be rendered under this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, if Consultant notifies the Contract Officer within ten (10) days of the commencement of such condition. Unforeseeable causes include, but are not limited to, acts of God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather. After Consultant notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the services for the period of the enforced delay when and if, in the Contract Officer's judgment, such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of 12 months, commencing on September 1, 2015, and ending on August 31, 2016, unless extended by mutual written agreement of the parties. 4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant, Where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Consultant shall immediately cease all services except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer after such notice. Consultant may terminate this Agreement, with or without cause, upon thirty(30) days written notice to City. 5. COORDINATION OF WORK 5.1 Representative of Consultant. The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act and make all decisions in its behalf with respect to the specified services and work: Barbara Thorpe, President. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services under this Agreement. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 5.2 Contract Officer. The Contract Officer shall be the Director of Neighborhood and Community Relations or his/her designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the services. Consultant shall refer any decisions that must be made by City to the Contract 3 Revlwd:6/16/10 720599.1 Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer. 5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement, Therefore, Consultant shall not contract with any other individual or entity to perform any services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 5.4 Indeoendent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Consultant, its agents or employees, perform the services required, except as otherwise specified. Consultant shall perform all required services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Consultant's work product, result, and advice. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 5.5 Personnel. Consultant agrees to assign the following individuals to perform the services in this Agreement. Consultant shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Consultant by providing written notice to Consultant. Name: Title: Barbara Thorpe President 6. INSURANCE Consultant shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit"B", incorporated herein by reference. 7. INDENMFICATION. 7.1 Indemnification. To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties'), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Consultant's employees included), for damage to property, including property owned by City, from any violation of any federal, state, q Revised:6/18110 720599.1 or local law or ordinance, and from errors and omissions committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant's performance under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant's indemnification obligation or other liability under this Agreement. Consultant's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 7.2 Desi¢n Professional Services Indemnification and Reimbursement. If the Agreement is determined to be a "design professional services agreement" and Consultant is a "design professional"under California Civil Code Section 2782.8, then: A. To the fullest extent permitted by law, Consultant shall indemnify, defend (at Consultant's sole cost and expense), protect and hold harmless City and its elected officials, officers, employees, agents and volunteers and all other public agencies whose approval of the project is required, (individually"Indemnified Party'; collectively"Indemnified Parties")against any and all liabilities, claims,judgments, arbitration awards, settlements, costs, demands, orders and penalties (collectively "Claims"), including but not limited to Claims arising from injuries or death of persons (Consultant's employees included) and damage to property, which Claims arise out of, pertain to, or are related to the negligence, recklessness or willful misconduct of Consultant, its agents, employees, or subcontractors, or arise from Consultant's negligent, reckless or willful performance of or failure to perform any term, provision, covenant or condition of this Agreement ("Indemnified Claims"), but Consultant's liability for Indemnified Claims shall be reduced to the extent such Claims arise from the negligence, recklessness or willful misconduct of the City and its elected officials, officers, employees, agents and volunteers. B. The Consultant shall require all non-design-professional sub-contractors, used or sub-contracted by Consultant to perform the Services or Work required under this Agreement, to execute an Indemnification Agreement adopting the indemnity provisions in sub- section 7.1 in favor of the Indemnified Parties. In addition, Consultant shall require all non- design-professional sub-contractors, used or sub-contracted by Consultant to perform the Services or Work required under this Agreement, to obtain insurance that is consistent with the Insurance provisions as set forth in this Agreement, as well as any other insurance that may be required by Contract Officer. 8. RECORDS AND REPORTS 8.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer reports concerning the performance of the services required by this Agreement, or as the Contract Officer shall require. 5 Revised:Ali 6110 720599.1 8.2 Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of this Agreement shall be the property of City. Consultant shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Consultant may retain copies of such documents for Consultant's own use. Consultant shall have an unrestricted right to use the concepts embodied in such documents. 8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 8.5 Cost Records. Consultant shall maintain all books, documents,papers, employee time sheets,accounting records, and other evidence pertaining to costs incurred while performing under this Agreement. Consultant shall make such materials available at its offices at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment for inspection by City and copies shall be promptly furnished to City upon request. 9. ENFORCEMENT OF AGREEMENT 9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 720599.1 6 RevWed:0 6MO 9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non- defaulting party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement. 9.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative. The exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 9.5 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement. 10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 10.1 Non-Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Consultant or its successor, or for breach of any obligation of the terms of this Agrament. 10.2 Conflict of Interest. No officer or employee of the City shall have any direct or indirect financial interest in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects their financial interest or the financial interest of any corporation, partnership, or association in which he/she is, directly or indirectly, interested in violation of any state statute or regulation. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 10.3 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, color, creed, religion, sex, marital status,disability, sexual orientation, national origin, or ancestry. 11. MISCELLANEOUS PROVISIONS 11.1 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing and either served personally or sent by pre-paid, first-class mail to the address set forth below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Either party may change its address by notifying the other party of the change of address in writing. 7 Revised:8116/10 720599.1 To City: City of Palm Springs Attention: City Manager/City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 To Consultant: Disability Access Consultants, Inc. 2243 Feather River Blvd. Oroville, California 95965 Attention: Barbara Thorpe, President Telephone: 530-533-3000 Facsimile: 530-533-3001 11.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and supersedes all other written agreements. 11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement by all Parties. 11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the parties. 11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 11.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement. 11.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement,by the same. 11.8 Authority. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement. 8 Revised:611 BH o 720599.1 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs LA David H. Ready City Manager APPROVED BY CITY MANAGER APPROVED AS TO FORM: ATTEST BY: 4� - ( :5a'Z Dougl C.Holland, wes Thompson, City A rney ity Cleric "CONSULTANT" j Disability yAccess Consultants Date: 1 7 1 By : Barbara Thorpe, President Not to Exceed Without The ;a Authorization Eof r Th_�W n Manager City 9 Revised:6116110 720599.1 .ri CJI[JF'dR1O4LLL-PO�EApO�Otifl:EOG1ERT. C1YA.COOEg�iBo A emea7 pdi0m a adlm mTem a g:d"owom a.me;'m adf.dm idoft of owb Alraw vFinalpmd tm d MW*lsehi*dit aaO C210aM 0114 ad eotiMtr mu m$wvd dlha&Pmst BLds dQafforrim Oomdy of f On befmo.nr. Oese .HM amert Mm rd TIM dlosOfaoar pommok appommd 7Vmrre(O adf =Wbd piled fo ma do go beats df.adkfaomry eddarlme fa be On pmaanN whq r tinge)Ware ald?> Bd to twwil -eratmmwd a rd.molormdedged to ma that hwhhaAfay erma$edths aurae In li®tmNtlm'armrmfzade�e63yQos}aidthattryhmAeepnehae.[af orrilra''vmbraemdiM1ePmaar�d. ar9is erAdyupm bdmwaf.w"the:,pae (*=*xt emmtmd Me fradnarwL !mi*under PENALTY OF PEWUF&wdw to bm mtilm stela afaaifa kadihe fawahm pwowaFh is nte.aru3-ca'raot - Wfii rte/lw4 and of 1ws L, 8igndme argrrdae mrAMbyPubk Pbw NoterV 9adAbu- OPFONAL Touah.tWisonobn loopswK ownpfaft ads kdbonmrnm. dda'sAarafpm.ofm,.dmrwmd.cr 16mm6rda 3 mfade ftm'Ob m w*danmbd dm ffro L DwwWm at Ailsdeed-Omamieol Talam T.ypa of.Doewsn.t Oacurrmrd Oatx Nudw of Paps: Opp'.Other Than Nemsd Abaco: aaf CW-wd M Mg—j" 8'iafteifle :81gmr•aNamr [3 Qw pjsb cd6 —Tmsl*, O Omparale ORcu-Tdfe - ❑Pw** ❑Lwow O tlesarpl ❑',Parfrw— p Lim$d ❑GWMW O lirivvbd fAt40inay oo:Fad O.Indwidud ❑Rttmrrmy in;Fscl, ❑Tmmba' O Omardkn m Oonaeivdmr ❑Tnudw ❑makram a pmaaud er p.8eiec ' ❑Olhr. adriwbfiepiena4G: SWwb P- CIPLi4Natm+mNoprljlhmelabm'wmpNafiarBJcmy-erg'1�800.118kDTARy{1.906�68827) WR.1adB7 10 ReNsed:6/16l10 720599.1 EXHIBIT "A" CONSULTANT'S SCOPE OF SERVICES/WORK Including, Schedule of Fees 11 Revised:WWI 720599.1 DAC EXHIBIT "A" January 102i015' Lee Bonno City of Palm Springs 3200 East Taquitz Canyon Way Palm Springs,CA 92262 Scope of Work Several options are provided to best meet the needs of the City of Palm Springs which include: 1, On-call services on an as-needed basis 2. DAC services for a 30day time frame 3. DAC services for a 60 day time frame 4. DAC services for a 90 daytime frame DAC Services Disability Access Consultants, (DAC) will provide the fallowing services as requested by the City of Palm Springs. DACw1ll: 1. Provide ind victual training for the ADA Coordinator; 2. Assist with the.resolution of ADA related complaints; 3. Assist with the prioritization of the overall plan and make recommendations regarding phases of implementation; 4. Make recommendations regarding applicable areas where compliance can be achieved through programmatic measures; S. Reviewthe current-public right-of-way transition plan developed by the City; 6. Assist the City to update the overall implementation plan in DACTrak; 7. Meet with desgnatedCity staff on site to review recommendations and the plan implementation; 8. Provide on-site.and off-site consultation as requested; 9. Provide accessibility reviews of plans; 10. Review City specifications and standards; 11, Provide accessibilitytraining for staff; 12. Assist with or provide expert witness testimony; 13. Provide other related accessibility services as requested. Cost for services on an as-needed basis The fee for off-site consultation and services is$120 per hour. The fee for on-site consultation is$150, plus travel expenses and travel time. DAC Services for a 30 Day Time Frame Disability Access Consultants (DAC) will provide the above services for a thirty (30) day time frame at a reduced rate of$115 per hour for off-site consultation and $145 per hour, plus expenses for a thirty(30) day time frame using a minimum amount of$9,200. Additional hours beyond the minimum of 80 hours will be billed at the designated hourlyirate. _y DAC DAC Services for a 60 Day Time Frame Disability Access Consultants (DAC) will provide the above services for a sixty (60) day time frame at a reduced rate of$105 per hour for off-site consultation and $135 per hour, plus expenses for a sixty(60) day time frame using a minimum monthly amount of$8,400.The minimum monthly rate is calculated as 80 off- site consultation hours. Additional hours beyond the minimum of 80 monthly hours will be billed at the designated hourly rate. DAC Services for a'90 Day Time Frame Disability Access Consultants (DAC) will provide the above services for a ninety (90) day time frame at a reduced rate of$100,per hour for off-site consultation and $125 per hour, plus expenses for a ninety (90) day time frame using a minimum monthly amount of$8,000.The minimum monthly rate is calculated as 80 off-site consultation hours. Additional hours beyond the minimum of 80 monthly hours will be billed at the designated hourly rate. Work Location DAC would require a work area for DAC staff when the City requests DAC staff to be assigned on location in the City. Submitted and authorized by: Barbara Thorpe, President Disability Access Consultants (DAC) 2243 Feather River Blvd Croville, CA 95965 P: 530-533-3000 F: 530-533-3001 bthorpe@dac-corp.com EXHIBIT "B" INSURANCE PROVISIONS Including Verification of Coverage, Sufficiency of Insurers, Errors and Omissions Coverage, Minimum Scope of Insurance, Deductibles and Self-Insured Retentions, and Severability of Interests (Separation of Insureds) 12 - RwAsed:6118110 III 720599.1 J „y INSURANCE 1. Procurement and Maintenance of Insurance. Consultant shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's performance under this Agreement. Consultant shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement. Consultant shall also cant' workers' compensation insurance in accordance with California workers' compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty(30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its elected officials, officers, agents,employees,and volunteers. 2. Minimum Scope of Insurance. The minimum amount of insurance required under this Agreement shall be as follows: 1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars($2,000,000) general aggregate; 2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00)per occurrence; 3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is: required is not required; 4. Workers' Compensation insurance in the statutory amount as required by the State of California and Employer's Liability Insurance with limits of at least one million dollars$1 million per occurrence. If Consultant has no employees, Consultant shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form. 3. Primary Insurance. For any claims related to this Agreement, Consultant's insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers, Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. For Workers' Compensation and Employer's Liability Insurance only, the insurer shall waive all rights of subrogation and 13 Revised:6118110 720599.1 contribution it may have against City, its elected officials, officers, employees, agents, and volunteers. 4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Consultant provides claims made professional liability insurance, Consultant shall also agree in writing either(1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Consultant's services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Consultant's services under this Agreement. Consultant shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy. 5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better,unless otherwise acceptable to the City. 6. Verifieation of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or(2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured... " ("as respects City of Palm Springs Contract No._" or 'for any and all work performed with the City"may be included in this statement). 2. "This insurance is primary and non-contributory over any insurance or self- insurance the City may have..." ("as respects City of Palm Springs Contract No._" or ':for any and all workperformed with the City" may be included in this statement). 3. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. 14 Revised:6/16/10 720599.1 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's Waiver of subrogation in favor of City, its elected officials, officers, employees, agents,and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant's obligation to provide them. 7. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Consultant guarantees payment of all deductibles and self-insured retentions. 8. Severability of Interests (Separation of Insureds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. 15 Revised:6116110 720599.1 Disability Access Consultants DAC Agreement for Services This Agreement dated May 6, 2014 is between Disability Access Consultants (DAC) and the City of Palm Springs for the services specified below. Services and Deliverables 1. Inspection of the interior and exterior accessibility elements for compliance with the ADA and Title 24 CBC Accessibility Standards. 2. Development of an accessibility survey and barrier removal plan report describing the noncompliant barriers with a recommended method for barrier removal. ADA and CBC Title 24 references will be included. 3. Inclusion of color digital photographs in the barrier removal plan report. The report will be issued through our DACTrak web based software, and added to the existing City of Palm Springs DACTrak project. 4. Estimated costs for noncompliant items and elements will be provided,when available. Estimated costs are given in accordance with items and elements as described in accordance with industry standards. Costs are not intended to be total construction costs. Location to be inspected Inspection Cost City Hall $3200.00 3200 East Tahquitz Canyon Way Library $2900.00 300 S Sunrise Way Victoria Park $1800.00 2744 N Via Miraleste Baristo Park $1800.00 Calle EI Segundo Fees and Payment:The inspection cost includes all expenses. No additional fees will be included unless additional services are requested. All fees shall be paid within 30 days of receipt of deliverables. ADDITIONAL SERVICES:Additional services, such as the re-inspection of the property after the barrier removal work is completed, plan reviews or additional consultation and training, may be provided as an extra service at an additional cost if requested by a Palm Springs authorized representative.talq Submitted on May 6, 2014 by: Approved on CrUAJ� 13r y: Signature Alw9nature Barbara Thorpe. President -JXMa-&- `M0?4/SV*i Print/Type Name FO _AtW+-TP *, ie-�Xvl`/ ErtrY NtANAGiM*-,- Toll Free: (800)743-7067 www.DAC-Corp.com 2243 Feather River Boulevard 23025 N 15"Avenue,Suite 204 7789 North Florida Avenue Orovllle,CA 95965 Phoenix,AZ 85027 Citrus Springs,FL 34434 Ph:(530)533.3000 Ph:(623)518-6363 Fax:(530)533-3001 Fax:(623)533-6052 PROFESSIONAL SERVICES AGREEMENT (Disability Access Consultants, Inc) THIS�PR1OFESSIONAL SERVICES AGREEMENT ( "Agreement") is entered into, and effective on D�2012, between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, ("City") and DISABILITY ACCESS CONSULTANTS, INC., a California Corporation ("Consultant"). City and Consultant are individually referred to as "Party" and are collectively referred to as the"Parties". RECITALS A. City has determined that there is a need for Americans with Disabilities Act (ADA) Consultant services for a full compliance evaluation survey of all City-owned facilities, parks, parking lots, signalized intersections and sidewalks project("Project"). B. Consultant has submitted to City a proposal to provide ADA consultant services to City for the Project under the terms of this Agreement. C. Consultant is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided in this Agreement. D. City desires to retain Consultant to provide such professional services. In consideration of these promises and mutual obligations, covenants, and conditions, the Parties agree as follows: AGREEMENT 1. SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant agrees to perform the professional services set forth in the Scope of Services described in Exhibit "A" (the "Services" or "Work") , which is attached and incorporated by reference. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that Consultant is a provider of first class work and professional services and that Consultant is experienced in performing the Work and Services contemplated and, in light of such status and experience, Consultant covenants that it shall follow the highest professional standards in performing the Work and Services required in this Agreement. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized as high quality among well-qualified and experienced professionals performing similar work under similar circumstances. 1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Scope of Services; (3) the City's Request for Proposals; and, (4) the Consultant's signed, original proposal submitted to the City ("Consultant's 720669.1 1 ORIGINAL BID Revised: 6/16/10 AND/OR AGREEMENT Proposal"), (collectively referred to as the "Contract Documents"). The City's Request for Proposals and the Consultant's Proposal, which are both attached as Exhibits `B" and "C", respectively, are incorporated by reference and are made a part of this Agreement. The Scope of Services shall include the Consultant's Proposal. All provisions of the Scope of Services, the City's Request for Proposals and the Consultant's Proposal shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1�`)the provisions of the Scope of Services (Exhibit "A"); (2°d) the provisions of the City's Request for Proposal (Exhibit `B"); (P) the terms of this Agreement; and, (4d') the provisions of the Consultant's Proposal (Exhibit "C ' 1.3 Compliance with Law. Consultant warrants that all Services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations. 1.4 Licenses, Permits, Fees, and Assessments. Consultant represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services required by this Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work and Services under this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the Work and Services required by this Agreement. Consultant shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City to the fullest extent permitted by law. 1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City. 1.6 Care of Work. Consultant shall adopt reasonable methods during the term of the Agreement to famish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components to prevent losses or damages. Consultant shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence. 2 Revised: 6116/10 720669.1 1.7 Further Responsibilities of Parties. Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. 1.8 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from such Work. No such extra work may be undertaken unless a written order is first given by the City to the Consultant, incorporating any adjustment in (i) the Maximum Contract Amount, as defined below, and/or (ii) the time to perform this Agreement. Any adjustments must also be approved in writing by the Consultant. Any increase in compensation of up to twenty-five percent (25%) of the Maximum Contract Amount or $25,000, whichever is less, or in the time to perform of up to thirty(30) days, may be approved by the City Manager, or his designee, as may be needed to perform any extra work. Any greater increases; occurring either separately or cumulatively, must be approved by the Palm Springs City Council. It is expressly understood by Consultant that the provisions of this section shall not apply to the services specifically set forth or reasonably contemplated within the Scope of Services. 2. COMPENSATION 2.1 Maximum Contract Amount. For the Services rendered under this Agreement, Consultant shall be compensated by City in accordance with the Schedule of Compensation, which is attached as Exhibit "D" and incorporated in this Agreement by reference. Compensation shall not exceed the maximum contract amount of One Hundred Sixty One Thousand Five Hundred Dollars, ($161,500) ("Maximum Contract Amount"), except as may be provided under Section 1.8. The method of compensation shall be as set forth in Exhibit "D." Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer designated under Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation. The Maximum Contract Amount shall include the attendance of Consultant at all Project meetings reasonably deemed necessary by the City. Consultant shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings. Consultant accepts the risk that the services identified in the Scope of Services may be more costly and/or time- consuming than Consultant anticipates, that Consultant shall not be entitled to additional compensation, and that the provisions of Section 1.8 shall not be applicable to the services identified in the Scope of Services. The maximum amount of city's payment obligation under this section is the amount specified in this Agreement. If the City's maximum payment obligation is reached before the Consultant's Services under this Agreement are completed, Consultant shall complete the Work and City shall not be liable for payment beyond the Maximum Contract Amount. 2.2. Method of Payment. Unless another method of payment is specified in the Schedule of Compensation (Exhibit "D"), in any month in which Consultant wishes to receive payment, Consultant shall submit to the City an invoice for services rendered prior to the date of the invoice. The invoice shall be in a form approved by the City's Finance Director and must be 720669.1 3 Revised: 6/16/10 submitted no later than the tenth (10) working day of such month. Such requests shall be based upon the amount and value of the services performed by Consultant and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Consultant within forty-five (45) days after receipt of the invoice or as soon as is reasonably practical. There shall be a maximum of one payment per month. 2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents, work product, or work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant's profession. 2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated by the City Council for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City. 3. SCHEDULE OF PERFORMANCE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon attached Schedule of Performance (Exhibit "E"), incorporated by reference. 3.2 Schedule of Performance. Consultant shall commence the Services under this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Schedule of Performance. When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively, however, the City shall not be obligated to grant such an extension. 3.3 Force Maieure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered under this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant (financial inability excepted) if Consultant, within ten (10) days of the commencement of such delay, notifies the Contract Officer in writing of the causes of the delay. Unforeseeable causes include, but are not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City. The City Manager shall ascertain the facts and the extent of delay, and extend the time for 7zoaev.i 4 Revised: 6/16110 performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement under this section. 3.4 Term. Unless earlier terminated under this Agreement, this Agreement shall commence upon the effective date of this Agreement and continue in full force and effect until completion of the Services. However, the term shall not exceed one (1) year from the commencement date, except as otherwise provided in the Schedule of Performance described in Section 3.2 above. Any extension must be through mutual written agreement of the Parties. 3.5 Termination Prior to Expiration of Term. City may terminate this Agreement for its convenience at any time, without cause, in whole or in part, upon giving Consultant thirty (30) days written notice. Where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon such notice, City shall pay Consultant for Services performed through the date of termination. Upon receipt of such notice, Consultant shall immediately cease all work under this Agreement, unless stated otherwise in the notice or by written authorization of the Contract Officer. After such notice, Consultant shall have no further claims against the City under this Agreement. Upon termination of the Agreement under this section, Consultant shall submit to the City an invoice for work and services performed prior to the date of termination. Consultant may terminate this Agreement, with or without cause, upon sixty (60) days written notice to the City, except that where termination is due to material default by the City, the period of notice may be such shorter time as the Consultant may determine. 4. COORDINATION OF WORK 4.1 Representative of Consultant. The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act in its behalf and make all decisions with respect to the Services to be performed under this Agreement: Barbara Thorne, President. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 4.2 Contract Officer, The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the services. Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall 720669.1 5 Revised: 6/16/10 not assign full or partial performance of this Agreement, nor any monies due, voluntarily or by operation of law, without the prior written consent of City. Consultant shall not contract with any other entity to perform the Services required under this Agreement without the prior written consent of City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest in this Agreement may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted in this Agreement shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability under this Agreement without the express written consent of City. 4.4 Independent Contractor. The legal relationship between the Parties is that of an independent contractor, and nothing shall be deemed to make Consultant a City employee. A. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act or represent themselves as City officers or employees. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City's offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant's employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers' compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant. B. Consultant shall not have any authority to bind City in any manner. This includes the power to incur any debt, obligation, or liability against City. C. No City benefits shall be available to Consultant, its officers, employees, or agents in connection with any performance under this Agreement. Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or 720669.1 6 Revised: 6/16/10 agents, for injury or sickness arising out of performing Services. If for any reason any court or governmental agency determines that the City has financial obligations, other than under Section 2 and Subsection 1.8 in this Agreement, of any nature relating to salary, taxes, or benefits of Consultant's officers, employees, servants, representatives, subcontractors, or agents, Consultant shall indemnify City for all such financial obligations. 5. INSURANCE 5.1 Types of Insurance. Consultant shall procure and maintain, at its sole cost and expense, the insurance described below. The insurance shall be for the duration of this Agreement and includes any extensions, unless otherwise specified in this Agreement. The insurance shall be procured in a form and content satisfactory to City. The insurance shall apply against claims which may arise from the Consultant's performance of Work under this Agreement, including Consultant's agents, representatives, or employees. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified in this Agreement. Except as otherwise authorized below for professional liability (errors and omissions) insurance, all insurance provided under this Agreement shall be on an occurrence basis. The minimum amount of insurance required shall be as follows: A. Errors and Omissions Insurance (*WAIVED*). Consultant shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form professional liability (errors and omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per occurrence and two-million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section. (1) Consultant shall either: (a) certify in writing to the City that Consultant is unaware of any professional liability claims made against Consultant and is unaware of any facts which may lead to such a claim against Consultant; or (b) if Consultant does not provide the certification under (a), Consultant shall procure from the professional liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services under this Agreement. (2) If the policy of insurance is written on a "claims made" basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, - and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended "tail" coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Manager. 7206691 7 Revised: 6/16/10 (3) In the event the policy of insurance is written on an "occurrence" basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement. B. Workers' Compensation Insurance. Consultant shall obtain and maintain, in full force and effect throughout the terns of this Agreement, workers' compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Consultant agrees to waive and obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. If Consultant has no employees, Consultant shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form. C. Commercial General Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations. D. Business Automobile Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non-owned, leased, and hired cars. E. Employer Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease. 5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager or his/her designee prior to commencing any work or services under this Agreement. Consultant guarantees payment of all deductibles and self-insured retentions. City reserves the right to reject deductibles or self- insured retentions in excess of$10,000, and the City Manager or his/her designee may require evidence of pending claims and claims history as well as evidence of Consultant's ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of$10,000. 5.3 Other Insurance Requirements. The following provisions shall apply to the 720669.1 8 Revised: 6/16/10 I insurance policies required of Consultant under this Agreement: 5.3.1 For any claims related to this Agreement, Consultant's coverage shall be primary insurance with respect to the City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. 5.3.2 Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers. 5.3.3 All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage. 5.3.4 No required insurance coverages may include any limiting endorsement which substantially impairs the coverages set forth in this Agreement (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City Manager and approved in writing. 5.3.5 Consultant agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Consultant's obligation to ensure timely compliance with all insurance submittal requirements as provided in this Agreement. 5.3.6 Consultant agrees to ensure that subcontractors, and any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the City for review. 720669.1 9 Revised: 6/16/10 5.3.7 Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights in this or any other regard. 5.3.8 Consultant shall provide proof that policies of insurance required in this Agreement, expiring during the term of this Agreement, have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten(10)days prior to expiration of the lapsing coverage. 5.3.9 Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements, or as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 5.3.10 The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impair the provisions of this section. 5.3.11 Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims. 5.3.12 Consultant agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages resulting from the Consultant's activities or the activities of any person or person for which the Consultant is otherwise responsible. 5.4 Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better, unless such requirements are waived in writing by the City Manager or his designee due to unique circumstances. 5.5 Verification of Coverage. Consultant shall famish City with both certificates of 720669.1 10 Revised: 6/16/10 insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or(2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured... " ("as respects City of Palm Springs Contract No._" or 'for any and all work performed with the City"may be included in this statement). 2. "This insurance is primary and non-contributory over any insurance or self- insurance the City may have..." ("as respects City of Palm Springs Contract No._" or 'for any and all work performed with,the City" may be included in this statement). 3. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agentibroker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant's obligation to provide them. 11 Revised: 6/16/10 720669.1 6. INDEMNIFICATION 6.1 Indemnification and Reimbursement. To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Consultant's employees included), for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant's performance under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant's indemnification obligation or other liability under this Agreement. Consultant's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 6.2 Desien Professional Services Indemnification and Reimbursement. If the Agreement is determined to be a "design professional services agreement" and Consultant is a "design professional" under California Civil Code Section 2782.8, then: A. To the fullest extent permitted by law, Consultant shall indemnify, defend (at Consultant's sole cost and expense), protect and hold harmless City and its elected officials, officers, employees, agents and volunteers and all other public agencies whose approval of the project is required, (individually"Indemnified Party"; collectively"Indemnified Parties") against any and all liabilities, claims,judgments, arbitration awards, settlements, costs, demands, orders and penalties (collectively"Claims"), including but not limited to Claims arising from injuries or death of persons (Consultant's employees included) and damage to property, which Claims arise out of, pertain to, or are related to the negligence, recklessness or willful misconduct of Consultant, its agents, employees, or subcontractors, or arise from Consultant's negligent, reckless or willful performance of or failure to perform any term, provision, covenant or condition of this Agreement ("Indemnified Claims"), but Consultant's liability for Indemnified Claims shall be reduced to the extent such Claims arise from the negligence, recklessness or willful misconduct of the City and its elected officials, officers, employees, agents and volunteers. B. The Consultant shall require all non-design-professional sub-contractors, used or sub-contracted by Consultant to perform the Services or Work required under this Agreement, to execute an Indemnification Agreement adopting the indemnity provisions in sub- section 6.1 in favor of the Indemnified Parties. In addition, Consultant shall require all non- design-professional sub-contractors, used or sub-contracted by Consultant to perform the Services or Work required under this Agreement, to obtain insurance that is consistent with the 12 Revised: 6/16/10 7206691 Insurance provisions as set forth in this Agreement, as well as any other insurance that may be required by Contract Officer. 7. REPORTS AND RECORDS 7.1 Accounting Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require. Consultant acknowledges that the City is greatly concerned about the cost of the Work and Services to be performed under this Agreement. For this reason, Consultant agrees that Consultant shall promptly notify the Contract Officer the estimated increased or decreased cost if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the contemplated Work or Services. If Consultant is providing design services, Consultant shall promptly notify the Contract Officer the estimated increased or decreased cost for the project being designed if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the design services. 7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at the Citys sole risk and without liability to Consultant, and the City shall indemnify the Consultant for all resulting damages. Consultant may retain copies of such documents for their own use. Consultant shall have an unrestricted right to use the concepts embodied tin this Agreement. Consultant shall ensure that all its subcontractors shall provide for assignment to City of any documents or materials prepared by them. In the event Consultant fails to secure such assignment, Consultant shall indemnify City for all resulting damages. 7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. 13 Revised: 6116/10 720669.1 7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant's books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Consultant's performance under this Agreement. Consultant shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder. 8. ENFORCEMENT OF AGREEMENT 8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 8.3 Default of Consultant. Consultant's failure to comply with any provision of this Agreement shall constitute a default. A. If the City Manager, or his designee, determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing shall limit City's right to terminate this Agreement without cause under Section 3.5. B. If termination is due to the failure of the Consultant to fulfill its 720669.1 14 Revised: 6/16/10 obligations under this Agreement, City may, after compliance with the provisions of Section 8.3A, take over the work and prosecute the same to completion by contract or otherwise. The Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages). The City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant's liability for completion of the Services as provided in this Agreement. 8.4 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions. 8.5 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. 8.6 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct remedy or recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding. 720669.1 15 Revised: 6/16/10 9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. No officer or employee of the City shall have any direct or indirect financial interest in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects their financial interest or the financial interest of any corporation, partnership, or association in which he/she is, directly or indirectly, interested in violation of any state statute or regulation. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 9.3 Covenant Aeainst Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry, or national origin. Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, age, marital status, ancestry, or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 10. MISCELLANEOUS PROVISIONS 10.1 Patent and Copyright Infringement. To the fullest extent permissible under law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise: A. It is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant's expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Consultant. However, Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City's alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright. B. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement in the event City fails to cooperate in the defense of any suit or 720669.1 16 Revised: 6/16/10 claim, provided, however, that such defense shall be at Consultant's expense. Consultant shall not be obligated to indemnify City under any settlement that is made without Consultant's consent, which shall not be unreasonably withheld. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto. 10.2 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing. All notices shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission. All notices shall be deemed received upon the earlier of(i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or(iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, and instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows: To City City of Palm Springs Attention: City Manager& City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 Telephone: (760) 323-8204 Facsimile: (760) 323-8332 To Consultant: Disability Access Consultants hic 2243 Feather River Blvd. Oroville, California 95965 Attention: Barbara Thorne, President Telephone: l-800-743-7067 Facsimile: 702-649-7417 10.3 Integrated Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement. 10.4 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement by all Parties. 10.5 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition 720669.1 17 Revised: 6/16/10 or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless. 10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 10.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement. 10.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same. 10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound. 18 Revised: 6/16/10 720669.1 below. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated "CITY" City of Palm Springs Date: (� By. ' David H. Ready City Manager APPROVED BY CRY COUNCIL APPROVED AS TO FORM: ATTEST I-`\ 1Ok1 By: Douglas C. olland, ames Thompson, City Attorney &I City Clerk APPROVED BY CITY COUNCIL: Not To Exceed Without The Express Written Authorization Of The City Manager. Date: Agreement No. Corporations require two notarized signatures. One signature must be from Chairman of Board,President,or any Vice President. The second signature must be from the Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer, CONSULTANT NAME: bi54b c u Ty A-- d� nG S `.OtjSy LJNV—�S Check one_Individual_Partnership�Coipomtion 7zo u). c �L- NdE H 2zr) Address Al, L/" UfoA- Al S--(030 By Signature(Notarized) Signature(Notarized) 720669.1 19 Revised: 6116/10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT vP,I1 � State of Caa f mia Ft Or'It c k cG- County of 1 r V- I b Yl II I On try before me, oLJ,\rA rmo hue imvl rww Trb Pr We omwr personalty appeared i • l C \G1Y ( �' gY�j oW who proved to me on the basis of satislaCOWy evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that �'g ROBIN E. ALLEN heY exerxled the sari18 in h SJherldler aufflorized y, MY COMMISSION#EE000570 Capagty(IeS), and♦fief by his/hadlheir SigRNtilfe(a)Ml the ' a' „ ' EXPIRES September 14,20?4 Instrument the person(s), or the entity Upon behalf of (ie])399-0h53 Flend222taryService.com which flue person(,)acted,e>racuted the�. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct- WITNESS TSignature- r(,��hhand d off ial 'Si" Plaea plpery BGd Peva re �'� �. 9pnoR.,a d hb4ry ANC OPTIONAL Though the 4donneton bardw is nor regWeif by low t nm Moe varabre to Persmrls retydng on the document and could pmvwg hwxkdent removal and realtechmerd of tds form to mnothw doolument Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(,)Other Then Named Above: Capacity(les)Claimed by Signer(s) (� Signer's N �,+wl.r �'f'1-c rT. Signer's Name: .71 Individual ❑Individual S—Corporate Officer—ritle(s): jtKFsr xCCorporatsOificer—Title(s): �C`fF=MeyFCFO Il Partner—0 Unified ❑General ❑ iner—❑Limited O General • Attorney in Fad ❑Attorney in Fact • Trustee J Trustee Top of My ii hem • Guardian or Conservator.. ❑Guardian or Conservator ❑ Other. p Ot}ler: Signer Is Representing: Signer Is Representing: earn rutawlrmnrw>'»dmw,-ssss arsuo ka.Po.m.ure•a.r.om rw nssaire..P,...er r,rMhwaazw ftm#5 r neade,:arrs.nataooros� 720669.1 20 Revised: 6/16/10 EXHIBIT `°A" SCOPE OF SERVICES 1.0 Preliminary Scope of Services Disability Access Consultants, Inc. (DAC) will provide Americans with Disabilities Act (ADA) Access Consultant Services for a full compliance evaluation survey of all City owned facilities,parks, parking lots, signalized intersections and sidewalks and the formulation of a Transition Plan and Self Evaluation for the City of Palm Springs. 1.1 City Owned Facilities (Buildings, Parks and Parking Lots) 1.1.1 DAC will inspect City owned facilities and applicable properties. DAC will collect the detailed field information that will include, but is not limited to: a. California Building Code references b. ADA 2010 Standards c. Section 504 of the Rehabilitation Act of 1973 d. Detailed cost estimates e. As-built dimensions f. Executive and cost summaries g. Digital photo documentation h. Define the facility as being post or pre 1992 i. Identify if the site has had major remodeling or renovation since July 26, 1992 1.1.2 In addition to items specified in 1.1.1,DAC will access all areas for accessibility compliance in accordance with the California Building Code Title 24 and the ADA Standards. Reports will indicate if the item or element does not comply. The applicable code, whether CBC or ADA will be identified in the report. The assessment includes all exterior and interior accessibility items and elements from the public right of way. The following items and areas are included in the DAC site surveys, but are not limited to the following: • Parking • Parking garages • Curbs • Curb ramps • Entrances • Passenger Loading Zones • Crosswalks • Paths of Travel • Ramps • Handrails • Elevators • Platform Lifts • Stairs 720669.1 • Doors • Door Hardware • Telecommunications Devices (TDD/TTY) • Signage--Permanent and Directional • Visual & Audible Communications and Alarms • Restrooms • Drinking Fountains • Common Use Areas • Employee Break Areas • Meeting and Conference Rooms • Locker Rooms • Stadiums • Outdoor Areas • Areas of Rescue Assistance • Sidewalks • Trails • Outdoor Developed Areas 1.1.3 The list of City owned facilities, buildings, parks and parking lots are listed in Exhibit B . City Hall, City Hall Annex,Library Center, Baristo Park and Victoria Park have already been surveyed and DAC will incorporate those evaluations into the Transition Report. 1.1.4 DAC has developed web-based software called DACTrak which will be used to manage and update information. DAC will make the software available to the City including the licensure of the DACTrak Accessibility Management Software for a period of three years after the completion of this project for no cost. If the City desires to continue to use the DACTrak Accessibility Management Software after three years, it is available at a total cost of$1,000 per year (not by individual license). The licensure fee includes data storage, updates and usage of DACTrak. 1.1.5 DAC will produce a variety of Americans with Disability Act (ADA) Access Compliance Reports showing the same information and more than listed in 1.1.1 Access compliance reports that are generated from the DACTrak system also will include priorities, projected dates, dates of completion, progress and other areas to assist the City with the management of its Transition Plan. 1.1.6 DAC will incorporate the information collected in the field into a completed Transition Plan with barriers addressed by levels of severity. a. Draft versions will be presented to the City at the 65% and 90% levels in addition to the final product. b. Copies will be available in the DACTrak Accessibility Management Software and/or by hard copy in a binder format for both the draft and final report. c. The reports will include the same level of detail found in 1.1.1 d. A Transition Plan that identifies recommendations and deficiencies and a Self 720669.1 Evaluation shall be presented in a format similar to the sample documents provided during the SOQ process. 1.1.7 DAC will initially provide a proposed barrier removal plan that will become a Transition Plan, documenting the results of the survey and providing prioritization and cost estimates to achieve compliance for each City facility. 1.1.7.1 DAC will provide the City with the methodology to add and update the City prioritizations into the DACTrack software and assist the City with consultation and recommendations. 1.1.7.2 DAC provides a proposed industry standard for costs in the reports and the DACTrak software. DACTrack allows for easy adjustments of costs to use City accepted unit costs. The City can also provide DAC with City accepted costs and DAC will enter the City costs into the DACTrak software. 1.1.7.3 If the City so chooses, DAC will work with the City's existing software to integrate the findings from the DACTrak software or integrate the software system to create corrective action line items for the City's software. If requested by the City,DAC will provide a method for the DACTrak software to integrate with the City's software. 1.1.7.4 DAC will provide the City with the methodology to update the DACTrack software program as work orders are completed. DAC will provide the training to update the ADA Transition Plan and print progress reports. 1.1.7.5 As the Transition Plan is updated, the DACTrak software and reports produced will include the priority and status of all deficiencies. 1.1.8 DAC will train designated City staff in the following areas: a. Applicable government codes, statues and regulations b. Performing field investigations and inspections,including recommended tools for conducting surveys c. Preparation of ADA Compliance Assessment Reports d. Proper use and maintenance of the database e. Proper use and maintenance of the DACTrak software f. Monitoring and updating the plan g. Recommendations for setting priorities h. Alternate specifications for accessible items and elements that will provide a cost savings 1.2 Public Rights-of-Way 1.2.1 Public rights-of-way, specifically signalized intersections and public sidewalks,will be inspected by DAC in accordance with the ADA Standards, the federal Public Rights of 720669.1 Way guidelines, the Federal Highway Administration's California Edition of the Manual on Uniform Traffic Control Devices (MUTCD) and CBC/Title 24.DACTrak intake software also includes GIS tracking information. DAC does not just use a tool or segway to survey the running slopes of a sidewalk with estimated changes in elevation, but provides an actual measurement for tripping hazards, changes in elevation, cross slope measurements, protruding objects, notations of utilities that may interfere with the path of travel and other pertinent sidewalk, streets, intersections, ramps, signalized intersections and transit stops. 1.2.2 DAC will collect detailed field information that will include, but is not limited to: a. California Building Code References b. ADA 2010 Standards c. Section 504 of the Rehabilitation Act of 1973 d. Detailed cost estimates e. As-built dimensions f. Executive and cost summaries g. Digital photo documentation h. Define the pedestrian area as post or pre 1992 1.2.3 DAC will produce a variety of ADA access compliance reports. The following items are inspected for sidewalks: • Width • Cross slope • Running slope • Changes in elevation greater than '/<inch and changes in elevation that are not beveled up to ''h inch • Any obstructions in the sidewalk that obstruct or narrow the path of travel such as protruding objects and items that narrow the required width • Street furniture The following items are inspected for intersections: • Street furniture • Crosswalks • Pedestrian ramps; width, slope, side flares, grooved borders,truncated domes, alignment with the crosswalk • Accessible pedestrian signals • Traffic stop bars 1.2.4 Access compliance reports for pedestrian and public rights-of-way that are generated from the DACTrak system also includes priorities, projected dates, dates of completion,progress and other areas to assist the City with the management of the Transition Plan. 1.2.5 DAC will incorporate the information collected in the field into the completed Transition Plan with barriers addressed by levels of severity. 720669.1 1.2.6 DAC will initially provide a proposed pedestrian and public rights-of-way barrier removal plan that will become part of the Transition Plan. 1.2.7 An option that is available to the City is for DAC to train City staff to complete the inspections of sidewalks and intersections, provide pc tablets and/or slates furnished by DAC for use by the City during inspections and provide a license to the City at no cost to upload and process reports and access to the DACTrak Accessibility Management System. 1.3 Self-Evaluation of all City Programs, Services, Activities, Events and Related Policies, Procedures and Practices 1.3.1 DAC will review all City programs, services, activities, events, policies, memos of understanding, administrative regulations and other policy and procedural related documents to identify if any are discriminatory or potentially discriminatory for individuals with disabilities. 1.3.2 DAC will make recommendations to the City for consideration regarding potential revisions to programs, services, activities,policies and practices. 1.3.3 DAC will provide sample public notices, grievance policies, reasonable accommodations notices and other required documents. 1.3.4 DAC will work with the City to conduct the required public input process. DAC will meet and confirm the methodology to be used to solicit public input. For example, DAC will present a variety of surveys in addition to notices and postings and make a recommendation to the City. Other methods may include staff interviews. 1.3.5 Recommendations will be made, as appropriate, regarding programmatic alternatives to physical barrier removal. 1.3.6 DAC will prepare a draft Self-Evaluation summary document for the City to review. 1.3.7 Following comments by the City, DAC will prepare a final ADA Self-Evaluation and describe recommendations for implementation. 1.4 DAC will conduct an initial project kick-off meeting with selected City staff to establish roles and lines of communication, refine project goals, review the overall project schedule, schedule surveys of City facilities and identify key City personnel for follow-up interviews. Initial Self-Evaluation activities will be completed during this step. More specific activities will include: a. Information that is needed will be clarified at the initial orientation meeting. The initial meeting will also clarify proposed activities and provide a collaborative framework to discuss project strategies. DAC has found that at least one orientation 720669.1 meeting is needed to prepare a strategic project work plan. The project methodology is generally designed to develop a comprehensive plan without placing additional activities and impact upon City of Palm Springs staff. b. Meet with the designated City officials to discuss the project scope, deliverables currently needed by the City, deliverables that may be needed by the City in the near future, discuss projected schedules and timelines, discuss cost saving methods and review alternatives for compliance by the City. c. The methodology and approach to accomplish the proposed project activities will require ongoing communication with the City of Palm Springs staff person appointed to coordinate this project. DAC will establish and maintain clear communication with the City of Palm Springs contact person and designated individuals. DAC will communicate with key City personnel about known physical obstacles and potential alternatives through reporting methods and ongoing communication. d. Specific methodologies and data collection will be clarified. Timelines and benchmarks will be developed. Operational and procedural requirements will be reviewed, such as coordination of schedules, name tags,project dates and other relevant information. e. The initial orientation meeting should include an assessment of previous compliance activities and areas of potential litigation. The review of compliance activities and high priority areas will assist with the development of an overall project plan. f. Project objectives will be clarified and elements that may be unique or of particular importance for the City of Palm Springs will be discussed. Items such as community input and staff needs will be confirmed. g. Meet with designated City officials to identify and obtain information regarding City programs, services and activities and facilities to be utilized in the development of the Self-Evaluation. It. Discuss proposed methods for public input as required by the ADA. Methods may include surveys,public notice and public outreach meetings. L Discuss hours of operation, schedules and City activities by location. j. Establish procedures, contacts and methods of communication for completition of the project. k. Establish project benchmarks and meet regularly with City officials or the designated contact. 720669.1 1. Review the City's previous and current compliance efforts and document compliance activities. 1.5 Additional Activities 1.5.1 In addition to items specified in 1.1.1 and 1.1.2,DAC will designate barriers identified as either"staff" or"public" areas and: a. Designate the related access chapter and section if the element is accessible. b. Designate the related access chapter and section for the noncompliant item and element. c. DAC will propose a solution or recommended method for barrier removal for compliance. d. DAC will provide a cost estimate for the noncompliant item or element in conjunction with a brief statement describing the work to be done to remove the barrier. 1.5.2 DAC will classify each non-compliant accessible element into one of the following types: a. Type A—cost less than $5,000 b. Type B—cost between $5,001 to $15,000 c. Type C—cost in excess of$15,000 and may need different alternatives and/or a decision by the City Manager's Office. d. Type D—Historical structure or may be technically infeasible to alter. 1.5.3 DAC will develop and consult with the City regarding prioritizing the noncompliant accessible item and elements based on the magnitude of impact with persons with disabilities. Other criteria that may be utilized include high use by individuals with disabilities and barriers that may present health and safety issues for all community members. 1.5.4 DAC will provide a phased, multi-year implementation plan which will include a long-term schedule with cost estimates for bringing each building and facility into compliance with the ADA and Title 24 of the California Building Code (CBC). The ADA states that if state standards provide a higher level of accessibility than the ADA, then the state standards will be applied. There are situations where the ADA standard provides a greater level of accessibility than the state standard. 1.5.5 DAC will present findings from the field evaluations to the City Council, City staff and others as agreed upon. 1.5.6 Assessments and reports will include a high degree of detail with photographs, code references, cost estimates. The DACTrak software will include additional detail, such as as- built dimensions, reference drawings,progress reports, additional prioritizations and other 720669.1 custom reports. Reports will be delivered in binder format,if requested. The DACTrak software provides an easy to use accessibility management platform that exceeds the ability to manage the plan by hard copies and binders. DACTrak also meets the "green" initiatives of the City of Palm Springs. 1.5.7 Barriers are identified by building,floor or location and given a unique identifier record number (UM to assist with navigation in the accessibility software and location of the finding and recommendation by area and site. Estimated costs will be given by item and element in accordance with industry standards. Costs can easily be adjusted to adhere to any cost estimates the City may utilize. 1.5.8 Physical access problems that require structural solutions will be documented in the Transition Plan. The proposed method for removal will be provided. The Transition Plan will identify physical barriers that may limit accessibility of the City of Palm Springs programs, services or activities for individuals will disabilities. The schedule of removal of barriers and appropriate timelines will be developed in consultation with the City of Palm Springs. 1.5.9 Identified barriers and obstacles will be prioritized. Use of the DACTrak software will provide the City with an additional tool to reprioritize items depending upon the unique and ongoing needs of the City and public comments during the public input process. Public and nonpublic areas will be identified. 1.5.10 DAC will identify grants or other outside funding sources that the City may be eligible to obtain to correct noncompliant items. 1.5.11 DAC is currently scoping existing federal and state standards, but also collects actual field measurements that may change the implementation of the City's Transition Plan if new proposed ADA guidelines are approved by the Department of Justice. For example, areas within the City of Palm Springs that may currently not be in compliance upon the completion of the initial inspections may become compliant in selected areas after the approval of new ADA standards. 720669.1 EXHIBIT "B" CITY'S REQUEST FOR PROPOSALS (On following page) 720669A t i i CITY OF PALM SPRINGS, CA NOTICE INVITING STATEMENTS OF QUALIFICATIONS For AMERICANS WITH DISABILITIES ACT (ADA) ACCESS CONSULTANT SERVICES (SOQ 08-12) NOTICE IS HEREBY GIVEN that Statements of Qualifications (SOQ 08-12), for providing Americans with Disabilities Act (ADA) Access Consultant services for the full compliance evaluation survey of all City-owned facilities, parks and parking lots and the formulation of a Transition Plan for the City of Palm Springs, CA will be received at the Office of Procurement & Contracting, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs, California, until 3:00 P.M. Local Time, TUESDAY, DECEMBER 13, 2011. Proof of receipt before the deadline is a City of Palm Springs, Division of Procurement and Contracting time/date stamp. It is the responsibility of the Respondent to see that any submittal sent through the mail, or by any other delivery method, shall have sufficient time to be received by the Procurement Office prior to the proposal due date and time. Note that City Hall is open Monday thru Thursday and is closed every Friday and weekends. Late submittals will be returned unopened. DESCRIPTION OF WORK: The work is comprised of providing professional consulting services for the survey and evaluation of City-owned facilities to determine Americans with Disabilities Act (ADA) compliance and formulate a Transition Plan for achieving compliance in those facilities. OBTAINING SOQ DOCUMENTS AND REGISTRATION: The SOQ document may be downloaded via the internet at the following direct page link hftp://www.i)almsyrings-ca.gov/'index.aspx?i)a-qe=85 (or by visiting www.oalmsorinosca.aov and clicking on Government, then Departments, then Procurement and then open Bids and Proposals). Upon downloading the document it is IMPERATIVE that you contact Cheryl Martin, Procurement Specialist I, via email at Cheryl Martinftalmspringsca gov or by phone at (760) 322-8373 to officially register for this specific protect with your company name, address, phone, fax, contact person and email address. Failure to officially register may result in not receiving addenda to the SOQ. Failure to acknowledge addenda to the SOQ may render your submittal as non-responsive. SELECTION PROCESS AND AWARD OF CONTRACT: The City of Palm Springs is utilizing a qualifications based selection process to select a firm to provide the services described in this solicitation. A firm may be selected from the qualification statements based upon the criteria defined in the SOQ document, and if deemed necessary, a limited number of firms may be invited to attend an on-site interview and make a formal presentation. If undertaken, the format and date of the presentation will be established at the time of short listing. Multiple factors will be considered in the selection of the most qualified firm. The successful respondent will enter into negotiations with the City for a professional services -agreement for the scope of work. All expenses associated with the preparation and submission of an SOQ submittal to the City shall be the sole financial responsibility of the Respondent. Craig L. Gladders, C.P.M. Procurement and Contracting Manager November 22, 2011 1 PALM CITY OF PALM SPRINGS, CA s O PP STATEMENT OF QUALIFICATIONS # 08-12 V O AMERICANS WITH DISABILITIES ACT(ADA) ACCESS CONSULTANT SERVICES Cq//FOQN�P 1. BACKGROUND INFORMATION AND GENERAL DESCRIPTION Title II of the Federal Americans with Disabilities Act of 1990 (ADA) requires State and local governments to make their programs and services accessible to persons with disabilities. This requirement extends not only to physical access at government facilities, programs, and events—but also to policy changes that governmental entities must make to ensure that all people with disabilities can take part in, and benefit from, the programs and services of State and local governments. Public.entities that employ 50 or more persons are required to have developed a Transition Plan setting forth the steps necessary to complete structural changes to achieve program accessibility. The City of Palm Springs developed a Transition Plan in 1992; however, this plan is not contemporary and the City desires to adopt a new plan. A full compliance evaluation survey of all City-owned facilities, parks and parking lots that will result in formulation of a Transition Plan is needed to identify barriers to program and facility access and the steps necessary to remove those barriers. If. PROJECT OBJECTIVE, SCOPE OF SERVICES TO BE PROVIDED, AND SCHEDULE The objective of this solicitation is to select a firm to provide professional ADA access consultant services for the preparation of a Transition Plan to include: • A list of physical barriers, if any, in each City-owned facility that limit the accessibility to programs and facilities, activities or services to individuals with disabilities; • A detailed outline of the methods to be used to remove those identified barriers as defined and make the programs and facilities accessible; • A schedule of actions to be taken to achieve compliance with Title II ADA requirements. The scope of services and principal responsibilities shall include, but are not limited to: • assist the City in conducting a Self-Evaluation of all City programs, activities, and services as well as the policies and practices that the City utilizes to implement its various programs and services in compliance with Title II ADA; • provide recommendations for remedial measures, such as relocation of programs to accessible facilities, offering programs in an alternative accessible manner, making structural changes to provide program access and other strategies necessary to bring the programs, policies and services into compliance with Title If ADA; • conduct a full compliance evaluation survey of all City-owned facilities, parks, and parking lots on approximately 45 City-owned sites (see Attachment B) to identify those facilities that are not in compliance with Title it ADA and recommend measures to achieve compliance; • prepare a Transition Plan that documents the results of the survey and provides prioritization and cost estimates to achieve compliance for each City facility. 2 III. SOQ SCHEDULE Notice for Statements of Qualifications posted and issued ............ Tuesday, November 22, 2011 Deadline for receipt of Questions...............................3:00 P.M., Tuesday, December 6, 2011 Deadline for receipt of Submittals............................3:00 P.M., Tuesday, December 13, 2011 Short List/ Interviews ('if desired by City)............................................................ .....TBD ............. Contract awarded ..................................................................................................................TBD IV. SUBMITTAL REQUIREMENTS This solicitation has been developed in the request for "Statement of Qualifications" format. Accordingly, firms should take note that the City will consider multiple factors in the selection process. Financial terns are NOT sought at this time, nor will they be accepted or evaluated as part of the ranking criteria, as they will be negotiated with the highest ranked firm. The highest ranked firm will be asked to submit a oost/terms proposal at a later date which the City may use as a basis for negotiating a final contract with the firm. Americans with Disabilities Act (ADA)Access Consultants responding to this SOQ shall have at minimum the following qualifications: • A minimum of five (5) consecutive years of ADA Access Consulting experience in the California market. • Must possess all applicable business and professional licenses. • Have a clear understanding of the Americans with Disabilities Act Accessibility Guidelines, the federal Public Rights of Way Access Advisory Committee Guidelines from the Federal Access Board, the California Manual on Uniform Traffic Control Devices and California Code of Regulations/Title 24. • Firm must have completed a minimum of five (5) Transition Plans for California cities in the last five (5) years. • Firm must have completed a minimum of five (5) Self Evaluations for California cities in the last five (5) years. The following criteria shall be observed: ❑ The submittal shall not exceed 20 pages (sheets of paper, double sided is OK), 8'/2" by 11", with margins no smaller than 1", font no less than 10 point, and spacing no less than single spaced. Dividers, Attachment "A", and Addenda acknowledgments do NOT count toward the 20 page limit. ❑ One (1) unbound original plus Five (5) bound copies for a total of Six (6) submittals are required. Facsimile (fax), email or other electronically transmitted submittals will not be accepted. ❑ Responses to this request for Statements of Qualifications shall be organized into five (5) categories as follows: 1. Information on the Firm. In this section the respondent shall provide a cover letter of introduction, addressing the size and history of the firm, date the company was founded, composition of the company, and the availability of the firm to perform the tasks and services requested. Please include full contact information (title, address, phone, fax, and email) for both the principal officer with authority to bind your company in a contractual agreement, as well as the Project Manager that will be assigned this project. Include a copy of all your firm's current, valid, State of California licenses, as applicable. 3 U 2. Key Personnel. Provide an organizational structure and brief resume for each of the Key persons, including the assigned Project Manager, proposed to work on this project (including any individual licenses, as applicable). Highlight specific qualifications of key personnel that would be of importance and relevant to this specific project. 3. Past Experience/References. The selected firm must have the requisite training and experience to provide the services as defined herein. In this section, the respondent should demonstrate a minimum of five (5) consecutive years of ADA Access Consulting experience in the Southern California market. Also, provide a client list; a summary of recent key projects; the number of Transition Plans completed in the last five years for California cities of 45,000 population or larger; the number of Self Evaluations completed in the last five years for California cities of 45,000 or larger; contact information for ADA Coordinators in at least five (5) of the cities where you have completed Transition Plans or Self-Evaluations to be used as references; two (2) samples of Transition Plans that your firm completed in the last five years; and two (2) samples of Self Evaluations that your firm completed for a California City in the last five (5) years. The projects listed should be of similar size and scope and demonstrate specific experience with the proposed scope of services contained in this SOQ. Please highlight areas of special expertise and any unique qualifications. A contact name, title, organization, current phone number and email address shall be provided for each reference. 4. Understanding of Scope of Services/Approach. In this section, respondents are requested to demonstrate your understanding of and approach to the project. Respondents should demonstrate their ability to accomplish the following: • assist the City in conducting a Self-Evaluation of all City programs, activities, and services as well as the policies and practices that the City utilizes to implement its various programs and services in compliance with Title Il ADA; • provide recommendations for remedial measures, such as relocation of programs to accessible facilities, offering programs in an alternative accessible manner, making structural changes to provide program access and other strategies necessary to bring the programs, policies and services into compliance with Title II ADA; • conduct a full compliance evaluation survey of all City-owned facilities, parks, and parking lots on approximately 45 City-owned sites (see Attachment B) to identify those facilities that are not in compliance with Title II ADA and recommend measures to achieve compliance; • prepare a Transition Plan that documents the results of the survey and provides prioritization and cost estimates to achieve compliance for each City facility. 5. Local Preference. Pursuant to the City of Palm Springs Local Preference Ordinance 1756, in awarding contracts for services, including consultant services, preference to a Local Business shall be given whenever practicable and to the extent consistent with the law and interests of the public. The term "Local Business" is defined as a vendor, contractor, or consultant who has a valid physical business address located within the Coachella Valley, at least six months prior to bid or proposal opening date, from which the vendor, contractor, or consultant operates or performs business on a day-to-day basis, and holds a valid business license by a jurisdiction located in the Coachella Valley. "Coachella Valley" is defined as the area between the Salton Sea on the south, the San Jacinto and Santa Rosa Mountains on the west, and the Little San Bernardino Mountains on the east and north. For the purposes of this definition, "Coachella Valley' includes the cities of Beaumont and Banning and the unincorporated areas between Banning and the City of Palm Springs. Post office boxes are not verifiable and shall not be used for the purpose of establishing such physical address. 4 1 ) The contractor or consultant will also, to the extent legally possible, solicit applications for employment and proposals for subcontractors and sub-consultants for work associated with the proposed contract from local residents and firms as opportunities occur and hire qualified local residents and firms whenever feasible. The full local preference (5 points) will be awarded to a Local Business. Up to 2 points may be awarded to a non-local business that employs or retains local residents and firms for this project. In order for a business to be eligible to claim the preference, the business MUST request the preference in the solicitation response and provide a cony of its current business license (or of those it employs for this project) from a lunsdiction in the Coachella Valley. (see Attachment "A") 0 The prospective consultant shall designate, by name, the Project Manager to be assigned to this project. Substitution of the Project Manager will not be allowed without prior approval by the City of Palm Springs. ❑ All submittals must be received in the City of Palm Springs, Division of Procurement and Contracting office by 3:00 P.M., LOCAL TIME. TUESDAY DECEMBER 13 2011. Proof of receipt before the deadline is a City of Palm Springs, Division of Procurement and Contracting time/date stamp. It is the responsibility of the Proposer to see that any submittal sent through the mail, or by any other method, shall have sufficient time to be received by the Procurement Office prior to the submittal due date and time. Late submittals will be returned to the Respondent unopened. Submittals shall be clearly marked and identified and must be submitted to: City of Palm Springs Division of Procurement and Contracting 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Attn: Craig L. Gladders, C.P.M., Procurement& Contracting Manager QUESTIONS: Respondents, their representatives, agents or anyone else acting on their behalf are specifically directed NOT to contact any city employee, commission member, committee member, council member, or other agency employee or associate for any purpose related to this SOQ other than as directed below. Contact with anyone other than as directed below WILL be cause for rejection of a submittal. ANY questions, technical or otherwise, pertaining to this request for Statements of Qualifications must be submitted IN WRITING and directed ONLY to: Craig L. Gladders, C.P.M. Procurement & Contracting Manager 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 via FAX (760) 323-8238 or via EMAIL: Craig.Gladdersnp paimspringsca gov Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of formal Addenda to the SOQ. The deadline for all questions is 3:00 P.M., Local Time TUESDAY. DECEMBER 6 2011 Questions received after this date and time may not be answered. Only questions that have been 5 resolved by formal iwritten Addenda via the Division of Procurement and Contracting will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect. ❑ Each submittal must include the correct number of copies defined above in a SEALED envelope, clearly marked and identified and include the following items (as described more fully in "Section A. Submittal Requirements, items 1 through 5": • Information on the Firm • Key Personnel • Past Experience and References • Understanding of Scope of Services/Approach • Local Preference • Complete the "Signature Authorization and Addenda Acknowledgment" form attached hereto as Attachment "A". Attachment "A" must be included. If applicable, your specific request for Local Preference and a copy of a valid business license from a jurisdiction in the Coachella Valley must also be included with Attachment"A". Important Note: The selected firm will be required to enter into a contractual agreement, inclusive of insurance requirements, with the City of Palm Springs in accordance with the standard Contract Services Agreement — Attachment "C" hereto. Please note that the Exhibits in the sample contract are intentionally not complete and will be negotiated with the selected firm and will appear in the final Contract Services Agreement executed between the parties. Any exceptions to the language contained in the SOQ document, sample agreement, including the Insurance Requirements, MUST be included in the submittal and clearly defined. Exceptions to the City's standard boilerplate professional services agreement, including the insurance requirements, may be considered in the evaluation process. Failure or refusal to enter into an Agreement as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for an annulment of the award. If the highest ranked firm refuses or fails to execute the Agreement, or negotiations are not successful, the City may, at its sole discretion, enter negotiations with and award the Contract to the second highest ranked firm, and so on. V. RESPONSIBILITY OF RESPONDENT All respondents to this SOQ shall be responsible. If it is found that a respondent is irresponsible (e.g., has not paid taxes, is not a legal entity, submitted a response without an authorized signature, falsified any information in the submittal package, etc.), the submittal shall be rejected. VI. CONSULTANT SELECTION ❑ Each submittal will be reviewed by an evaluation committee to determine if it meets the requirements. Failure to meet the requirements for the SOQ may be cause for rejection of the submittal. ❑ The evaluation committee may, at its sole option, ask for interviews or oral presentations by any respondent(s) participating in this process. Attendance at any such interview will be at the respondent's expense. 6 ❑ A final selection of the consultant will be determined following review of all submittals and/or formal oral presentations. The evaluation committee will make a recommendation of the selected consultant for contract negotiations and upon successful negotiations, recommend the contract to be awarded by the City Council. ❑ The selected consultant will work closely with City staff throughout the duration of the project. A firm will be selected for final negotiation of a contract based upon the following factors, as more fully described in "Section VI. Submittal Requirements, items 1 through 5" (Total possible 100 points): • Information on the Firm: (10 points) • Key Personnel: (20 points) • Past Experience/References: (30 points) • Understanding of Scope of Services/Approach: (35 points) • Local Preference: (5 points) ❑ Award of Contract: It is the City's intent to award a single contract to the firm that is most qualified to meet the requirements of the SOQ document. The City reserves the right to award a contract to multiple firms or a single firm or to make no award, whichever is in the best interest of the City. It is anticipated that award of the contract will occur at the next regularly scheduled City Council meeting after the evaluation committee has made its final selection of the consultant to be recommended for award and a contract has been satisfactorily negotiated for consideration. The decision of the City Council will be final. ❑ Public Record: Proposer's attention is drawn to the fact that all submittal documents are subject to the California Code Section 6250 et seq., commonly known as the Public Records Act. Information contained in the proposals may be made public after the review process has been completed, negotiations have concluded and a recommendation for award has been officially agendized for City Council consideration, and/or following award of contract, if any, by the City Council. ❑ Cost related to submittal preparation: The City will NOT be responsible for any costs incurred by any respondent in the preparation of their respective submittal. ❑ Business License: The successful proposer will be required to be licensed in accordance with the City of Palm Springs Business License Ordinance, Municipal Code Chapter 3.40 through 3.96, entitled "Business Tax". ❑ Submittal informalities or defects: The City of Palm Springs reserves the right to waive any informality or technical defect in a submittal and to accept or reject, in whole or in part, any or all submittals and to advertise for new submittals, as best serves the interests of the City. ❑ Investigations: The City reserves the right to make such investigations as it deems necessary to determine the ability of the Respondent to perform the Work and the Respondent shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any submittal if the evidence provided by or investigation of such Respondent fails to satisfy the City that such Respondent is properly qualified to carry out the obligations of the Contract and to complete the Work contemplated therein. 7 U ❑ Prior City Work: if your firm has prior experience working with the City DO NOT assume this prior work is known to the evaluation committee. All firms are evaluated solely on the information contained in their proposal, information obtained from references, and presentations if requested. All proposals must be prepared as if the evaluation committee has no knowledge of the firm, their qualifications or past projects. ❑ Signed Submittal and Exceptions: A signed submittal will be interpreted to mean that Respondent has hereby agreed to all the terms and conditions set forth in all of the sheets which make up this request for Statements of Qualifications, and any attached sample agreement. Exceptions to any of the language in either the SOQ documents or attached sample agreement must be included with the submittal and clearly defined. Exceptions to the City's SOQ document or standard boilerplate language, terms or conditions may be considered in the evaluation process. 8 ATTACHMENT "A" SOQ 08-12 AMERICANS WITH DISABILITIES ACT (ADA) ACCESS CONSULTANT SERVICES *NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED WITH YOUR SUBMITTAL* SIGNATURE AUTHORIZATION NAME OF PROPOSERIFIRM: A. I hereby certify that I have the authority to offer this proposal to the City of Palm Springs for the above listed individual or company. I certify that I have the authority to bind myself/this company in a contract should I be successful in my proposal. SIGNATURE PRINT NAME B. The following information relates to the legal contractor listed above, whether an individual or a company. Place check marks as appropriate: 1. If successful, the contract language should refer to me/my company as: _An individual; A partnership, Partners' names: _A company; _A corporation A Local Business (Licensed within the jurisdiction of the Coachella Valley). Copy of current business license is required to be attached to this document. 2. My tax identification number is: ADDENDA ACKNOWLEDGMENT: Acknowledgment of Receipt of any Addenda issued by the City for this SOQ is required by - including the acknowledgment with your submittal. Failure to acknowledge the Addenda issued may result in your submittal being deemed non-responsive. In the space provided below, please acknowledge receipt of each Addenda: Addendum(s)# is/are hereby acknowledged. 9 ATTACHMENT"B" List of City-owned facilities to be inspected surveyed and evaluated for ADA compliance and the formulation of a Transition Plan: 1. Police Station complex 53,680 square feet 2. Wastewater treatment plant, only the administration building 2,412 square feet and the portable office 1,440 square feet 3. Palm Springs International Airport, 250,833 square feet 4. Plaza Theater, 15,100 square feet 5. Palm Springs Convention Center, 264,479 square feet 6. Regional Business Center/Economic Partnership, 15,457 square feet 7. Fire Station #2, 19,309 square feet 8. Fire Station #1, 5,364 square feet 9. Fire Station #3, 5,807 10. Fire Station #4, 4,608 square feet 11. City Yard facility, 44,630 square feet 12. Taxi Holding Building, 1,990 square feet and CNG Fueling Station 13. Tahquitz Creek Golf Course, 18,457 square feet 14. Palm Springs Stadium, 16,506 square feet 15. Stadium Practice Field, 480 square feet 16. Skate Park, 30,000 square feet 17. Swim Center, 8,048 square feet 18. Leisure Center, 15,155 square feet 19. Palm Springs Pavilion, 20,200 square feet 20. Plaza Racquet Club, 1,384 square feet 21. James O. Jessie Desert Highland Unity Center, 13,373 square feet 22. McManus Village/Village Green - 7,851 total square feet for the following: a. Cornelia House - Historical, 940 square feet b. Museum/Gallery- Historical, 3,310 square feet c. Museum/Candy Shop - Historical, 2,685 square feet d. Ruddy's General Store, 916 square feet 23. Palm Canyon Theatre, 13, 199 square feet 24. Desert Art Center, 5,073 square feet 25. Jaycee Frey Building, 3,617 square feet 26. Palm Springs Youth Boxing Club, 2,095 square feet 27. Downtown Parking Structure, 124,251 square feet 28. Visitors Center/entry sign, 2,761 square feet 29. Train Station, 1,483 square feet 30.Demuth Community Center, 21,000 square feet, Parks and Plaza 31. Desert Highland Park 32. Demuth Park 33. Ruth Hardy Park 34. Frances Stevens Park 35. Sunrise Park 10 36. Dog Park 37. Gateway Park 38. Jackie Lee Houston Plaza Parking lots by address 39. 261 N. Indian Canyon Drive 40. 236 S. Belardo Road 41. 155 S. Belardo Road 42. 222 S. Palm Canyon Drive 43. 435 N. Palm Canyon Drive 44. 151 W. Alejo Road 45. 395 N. Palm Canyon Drive 46. 400 S. Sunrise Way(parking lot by Mizell Senior Center) EXHIBPP "C" CONSULTANT'S PROPOSAL (On following page) 720669.1 IMF , Statement of Qualifications for Americans with Disabilities Act (ADA) Access Consultant Services Submitted December 12, 2011 BY Disability Access Consultants, Inc. da&A TABLE OF • i Information on the Firm Key Personnel Past Experience/References I Understanding of Scope of Services/Approach ®Copyright Local Preference 1. Information about Disability Access Consultants, Inc.(DAC)and Cover Letter December 12, 2011 To: Craig L.Gladders, CPM, Procurement&Contracting Manager City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 Re: Americans with Disabilities Act(ADA)Access Consultant Services(SOQ 08-12) Firm Information Disability Access Consultants, Inc. &Contact: Project Manager: Barbara Thorpe, President bthorue@dac-coro.com. Phone: 1-800-743-7067 Office Locations: 6151 W.Century Blvd,#502, Los Angeles,CA 90045 2243 Feather River Blvd,Oroville, California 95965 720 W.Cheyenne Avenue,Suite 220, North Las Vegas, Nevada 89030 We appreciate the opportunity to submit our Statement of Qualifications for the City of Palm Springs for providing Americans with Disabilities Act (ADA) Access Consultant Services for a full compliance evaluation survey of all City-owned facilities, parks and parking lots and the formulation of a Transition Plan for the City of Palm Springs,CA. 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 Palm Springs. Founded as a California corporation in 1998, DAC has provided services for the past 13 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 10,000 building inspections, surveyed thousands of parks and playgrounds and performed hundreds of programmatic reviews and self-evaluations to study the accessibility of programs, services, activities, events and related areas. DAC staff includes certified playground safety inspectors to provide a value added service if requested by the City. DAC has a team of 16 staff, including CASp certified inspectors, dedicated to assisting public entities, such as the City of Palm Springs 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 is currently completing a similar project with the City of La Quinta, Desert Recreation District and the City of Fountain Valley. The City of Cypress recently selected DAC to assist with a similar ADA project. Due to our current staffing patterns, DAC has the availability of staff and resources to perform the tasks and services requested. DAC understands that the City of Palm Springs wants professional services to prepare an ADA Transition Plan and other related ADA and California Building Code Title 24 services. It is understood that the Transition Plan will include: • A list of physical barriers, if any, in each City-owned facility that may limit the accessibility to programs and facilities,activities or services to individual with disabilities; Statement of Qualifications—City of Palm Springs Page 2 of 20 • A detailed outline of the methods to be used to remove those identified barriers as defined and make the programs and facilities accessible; • A schedule of actions to be taken to achieve compliance with Title 11 ADA requirements. 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 and printed in a variety of formats. After a review of the SOO, it was noted that a request to review City sidewalks and intersections were not included in the scope of work for the development of the Transition Plan. if this service is needed and has not already been completed, DAC can survey City sidewalks and intersections and include them in the Transition Plan (as DAC completed for the City of La Quinta) and the DACTrak software. If this has not been completed, an additional cost saving option is for DAC to train City staff to use the DACTrak tablet to complete the survey of intersections and sidewalks. Another value added item that DAC has found to be beneficial is the completion of the playground safety inspections at the same time the playgrounds are inspected for ADA requirements. This service can be added at minimal cost. It is also understood that the scope of services and principal responsibilities shall include, but are not limited to: • Assist the City in conducting a Self-Evaluation of all City programs, activities, and services as well as the policies and practices that the City utilizes to implement its various programs and services in compliance with the ADA; • Provide recommendations for remedial measures, such as relocation of programs to accessible facilities, offering programs in an alternative accessible manner, making structural changes to provide program access and other strategies necessary to bring the programs, policies and services into compliance with Title II of the ADA; • Conduct a full compliance evaluation summary of all City-owned facilities, parks, and parking lots on as listed in Attachment B to identify those facilities that are not in compliance with Title II of the ADA and recommend measures to achieve compliance; • Prepare a Transition Plan that documents the results of the survey and provides prioritization and cost estimates to achieve compliance for each City facility. DAC was not notified of a released addendum and was not able to find a published addendum in the Bid Document Downloads section of the City of Palm Springs website. DAC is interested in submitting a proposal in response to the City of Palm Springs SOO and is willing to sign the standard agreement. No concerns were noted during the review of the standard agreement. The proposal is authorized by Barbara Thorpe, who is empowered and authorized to bind the company into contractual agreements. There arey no conflicts of interest. This proposal is a firm offer for 120 days. Barbara Thorpe, President Statement of Qualifications—City of Palm Springs Page 3 of 20 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, Inc. has no conflict of interest with the City of Palm Springs,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 the RFP. 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, Inc. 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 13 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. In addition to employing minorities, DAC was fortunate to recently recruit two returning veterans from Iraq and Afghanistan and provided them with DAC training and employment. In addition, DAC's quality control team leader is a Vietnam veteran with a disability. Sample ADA Transition Plans and Self-Evaluation A comprehensive Transition Plan for most City and County governments is generally large in size. Therefore, the two samples (six copies) requested are bound and included with the SOQ submittal but are not attached with the SOQ. Two ADA Self-Evaluations (six copies) are enclosed in their entirety, as the summary document is smaller than a transition plan. Proposed Additions at No Cost Disability Access Consultants, Inc. (DAC) would like to propose 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 • 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 Statement of Qualifications—City of Palm Springs Page 4 of 20 also be used on a tablet pc to add new facilities and update compliance assessments and transition plans. Additional Recommendations 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 Alternate and Cost Saving Methods for Consideration 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. DACTrak also provides the opportunity for City of Palm Springs 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 Palm Springs 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 Palm Springs. Costs can easily be adjusted and 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. Cost Saving Alternatives Due to the severe shortfall of funding for City of Palm Springs and county governments, DAC proposes alternatives to DAC completing the entire ADA transition plan. DAC has worked with numerous City of Palm Springs 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 Palm Springs 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 Palm Springs employees can conduct their own inspections • DAC conducts some of the inspections while City of Palm Springs 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 Statement of Qualifications—City of Palm Springs Page 5 of 20 ATTACHMENT "A" SOO 08-12 AMERICANS WITH DISABILITIES ACT(ADA) ACCESS CONSULTANT SERVICES *NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED WITH YOUR SUBMITTAL* SIGNATURE AUTHORIZATION NAME OF PROPOSER/FIRM: Disability Access Consultants, Inc. A. I hereby certify that I have the authority to offer this proposal to the City of Palm Springs for the above listed individual or company. I certify that I have the authority to bind myself/this company in a contract should I be successful in my proposal. 4 u SIGT4ATU E Barbam Thorpe PRINT NAME B. The following information relates to the legal contractor listed above, whether an individual or a company. Place check marks as appropriate: 1. If successful, the contract language should refer to me/my company as: _An individual; A partnership, Partners' names: _A company; X A corporation _A Local Business (Licensed within the jurisdiction of the Coachella Valley). Copy of current business license is required to be attached to this document. 2. My tax identification number is: 93.1243099 ADDENDA ACKNOWLEDGMENT: Acknowledgment of Receipt of any Addenda issued by the City for this SOO is required by including the acknowledgment with your submittal. Failure to acknowledge the Addenda issued may result in your submittal being deemed non-responsive. In the space provided below, please acknowledge receipt of each Addenda: Addendum(s) # ("o addwdum released) is/are hereby acknowledged. 9 2. Key Personnel Barbara Thorpe, President, formed Disability Access Consultants, Inc. as a California Corporation in 1998 after working for a public agency for eighteen years to develop accessibility programs and assist with compliance of the ADA and other accessibility standards. She has served as an ADA Coordinator and was responsible for the development and implementation of the ADA plan for the public entity with which she worked. Barbara Thorpe, our President and CEO, serves as vice chair for the Division of State Architect(DSA)Access Compliance Committee and serves on the DSA State Advisory Board. Disability Access Consultants, Inc. (DAC) has a dedicated team of sixteen 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. The most recent projects the team has worked on include the City of San Clemente, City of La Quinta, City of Fountain Valley, County of Calaveras, the Desert Recreation District and the Fair Oaks Park and Recreation District. 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. Team Interaction and Roles City Contact(s) City of Palm Springs Barbara Thorpe Project Manager SrikantTalasila: Jennie Grover Mike Bog Mike Anderson, CASp-152, ICC Fay Sueltz,AIA AiA r3irect©r of Director of IT flperatlans Facility Team Quality Control. Cost Estimates Leader, iYansition Plarr Inspectors Candice Pursch Jeff Eubank Natalie Garver Darryl Labate Edgar Solis Glenn Gonzales Statement of Qualifications—City of Palm Springs Page 6 of 20 - All employees of Disability Access Consultants, Inc. 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. 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 Palm Springs 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 through and report to the Development Services Director or designee. Barbara will serve in the leadership role regarding the ADA Self-Evaluation of programs, services, activities and events along with the review of policies and procedures. Barbara brings twenty years experience in public administration and providing services to individuals with disabilities to Disability Access Consultants, Inc. 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 serves on the Division of State Architect Advisory Board and serves 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 of Palm Springs Michael Saga, B.A. Education, California Certified Access Specialist, [CC Accessibility, Usability and Plans Examiner Inspection Team Leader As manager of the production and the inspection team, Michael brings a unique blend of experience in the building industry and 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 a 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 Palm Springs. Michael Anderson,AIA Transition Plan and Cost Estimating As a licensed architect with over 30 years of experience, Michael will coordinate the Transition Plan findings and recommendations, provide a review and application of cost estimates, and provide consultation regarding remediation of barriers. Statement of Qualifications—City of Palm Springs Page 7 of 20 Fay Sueltz,AIA,Certified California Access Specialist#141, ICC Plans Examiner Quality Control Fay brings over 30 years of experience in architectural projects including programming, design, consultant coordination, contract documents and constructability reviews. Using her comprehensive and extensive skills, Fay will provide the quality control review of the field inspection findings and consultation regarding the remediation for compliance. 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 Palm Springs 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. Other Qualifications and Staff Certifications A qualification that makes DAC unique is the inclusion of Certified Playground Safety Inspectors on staff. Optional Activity/Optional Staff—Playground"Safety" Inspections (Available if the City wants to have Playground Safety Inspections at an additional minimal charge; conducted at the same time as the ADA Playground Inspections). Certified Playground Inspectors Ernest Knight and Pat McLaughlin are CPSI's with more than 30 years of combined experience in playground layout, design, accessibility and inspection. Having completed more than 1000 playground inspections, their in-depth knowledge and experience as it relates to playground equipment and playground design will insure thorough and comprehensive reports on the current condition of the City play areas. Pat McLaughlin would be our project leader for the playground inspections and would be assisted by Ernest Knight or one of our other staff DACTrak Certified, CPSI's. Pat holds a current CPSI certificate and a California Contractors license. Mike Boga,Team Leader(CASp 152) is also a certified playground inspector for playground safety.Some - Park Districts, such as the Desert Recreation District and the Fair Oaks Recreation and Park District have added playground safety inspections (in addition to ADA playground inspections)to their projects. Statement of Qualifications—City of Palm Springs Page 8 of 20 3. Past Experience and References DAC incorporated in California in 1998 with the exclusive purpose of assisting public entities to comply with federal and state accessibility codes. During the past 13 years, DAC has demonstrated not only a long and successful background in ADA Transition Planning, but has provided quality services within timelines and budgets. DAC has completed many projects of a similar nature in the Southern California market and has completed ten transition plans and ten self evaluations in the last five years. DAC has a comprehensive understanding with extensive experience of the requirements of, but not limited to: • The Americans with Disabilities Act(Title II and Title III) • 2010 ADA Standards • Standards"for outdoor developed and.recreational standards • California Playground Safety Regulations,Title 22,Chapter 22 • US Access Board Guidelines • Section 504 of the Rehabilitation Act • California Building Code-Title 24 • Federal Public Rights of Way Guidelines from the federal Access Board • Federal Highway Administration's California Edition of the manual on Uniform Traffic Control Devices(MUTCD) • California Code Regulations/Title 24 • ADA Title 11 requirements for opportunities for input by individuals with disabilities in accessible alternate formats to meet the needs of different types of disabilities that include physical, cognitive, hearing and visual impairments using a variety of public outreach methodologies • Self-evaluation requirements to preview programs, services, activities, policies and procedures of the City of Palm Springs that include communication, website accessibility, alternate formats,grievance procedures and related areas DAC has extensive experience working with city and county governments, water districts, school districts, park and recreation departments and other public entities that provide park and recreation programs and services. DAC provides specialized compliance services to public entities, such as the City of Palm Springs, to enhance or achieve compliance with Title II of the Americans with Disabilities Act of 1990 and related legislation. As one of the largest consulting firms specializing in ADA compliance for public entities, Disability Access Consultants, Inc. has earned a reputation for providing low cost, effective barrier removal solutions in a usable format. DAC has experience in conducting over 10,000 site inspections, developing more than three thousand transition plans for public entities and hundreds of self-evaluations. DAC has also provided accessibility audits for the federal government and recently completed a review of programs, services and activities for the Department of the Interior and US Fish and Wildlife. In May 2011, DAC completed a similar study for the City of San Clemente that included facilities, parks, pools, recreational areas and City facilities. DAC has also recently completed an ADA Transition Plan and Self-evaluation for the City of Fountain Valley and is currently completing the final portion of the City of La Quinta project which was started in June 2011. DAC is completing the County of Calaveras project and the Desert Recreation District in December 2011. DAC will be providing some additional staff training opportunities for the Desert Recreation District in January or February. DAC has been selected to start Statement of Qualifications—City of Palm Springs Page 9 of 20 working with the City of Cypress on a similar project. DAC has the capacity and resources to undertake the activities described in this SOQ and is familiar with the time and resources needed to complete a project similar to the City of Palm springs SOQ. During the past thirteen years, DAC has demonstrated quality services of a similar description for public entities, city and county governments, school districts, colleges and in a timely, competent and cost effective manner. DAC has completed hundreds of similar projects for Park Districts, City and County Governments,Water Districts and School Districts. DAC provides training sessions regarding compliance with the ADA, developing ADA Transition Plans-and Self-Evaluations and the roles and the responsibilities for public entities (most recent training was the City of San Clemente last week). Barbara Thorpe also served as the ADA Coordinator for a public entity for six years and the Section 504 Coordinator for sixteen years. The following are the most recent City and Park references for scopes of work similar to the City of Palm Springs. Numerous other references are available. DAC has qualified and experienced staff that have worked together on other City projects. City of La Quinta,CA • ADA Self-evaluation and transition plans of Terry Deeringer, Human Resources/General buildings, parks, intersections, roadways, Services Manager sidewalks and public rights-of-way. The City 78495 Calle Tampico was provided DACTrak Accessibility La Quinta,CA 92253 Management Software to manage the Phone: (760) 777-7041 implementation of the plan, document Tdeerinaer@la-auinta.ore 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. City of San Clemente,CA • ADA Self-evaluation and transition plans of Johanne Walker, Risk Mgmt.Analyst buildings, parks, piers, beach areas,golf 100 Avenida Presidio course, pools, beach concessions, lifeguard San Clemente,CA 82672 areas,trails and public rights-of-way. Phone: (949)361-8203 • The City was provided DACTrak Accessibility WalkerJOsan-clemente.ore Management Software to manage the implementation of the plan,document Sam Penrod, Human Resources Manager resources needed and document progress. 100 Avenida Presidio • The ADA Self-Evaluation of programs, services San Clemente, CA 92672 and activities to determine if any were Phone: (949)361-8313 discriminatory for individuals with disabilities PenrodS( san-clemente.ore_ was completed by DAC. • DAC also assisted with the resolution of two complaints. Statement of qualifications—City of Palm Springs Page 10 of 20 City of Fountain Valley,CA • ADA Self-evaluation and transition plans of Matt Mogensen,Assistant to the City Manager buildings, parks, intersections, roadways, 10200 Slater Avenue sidewalks and public rights-of-way. The City Fountain Valley,CA 92708 was provided DACTrak Accessibility Phone: (714)593-4412 Management Software to manage the Matt.moeensen(&fountainvallev ore 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. Desert Recreation District, rA • DAC performed ADA inspections of all District Craig DeWitt, Director of Park Services parks, facilities and playgrounds to identify 45-305 Oasis Street elements that need modification to achieve Indio,CA 92201 compliance with the Americans with Phone: (760)347-3484 Disabilities Act and CBC Title 24. cdewitt@drd.us.com • DAC also performed playground safety assessments to ensure the District's compliance with the. California Playground Safety Regulations. Fair Oaks Recreation and Park District,CA • DAC performed ADA inspections of all District Kristopher Borders,Administrative Services parks, facilities and playgrounds to identify Coordinator elements that need modification to achieve 4150 Temescal Street compliance with the Americans with Fair Oaks,CA 95628 Disabilities Act and CBC Title 24. Phone: (916)966-1036 -ext. 11 • DAC also performed playground safety k_borders(mfairoaksoark ore assessments to ensure the District's compliance with the California Playground Safety Regulations. City of Huntington Beach,CA • Development of an ADA Self-evaluation and Jason Churchill, Field Services Manager, Public transition plan of 52 City owned and leased Works buildings and public rights-of-way. Facilities City of Tustin (formerly of City of Huntington included, but were not limited to, City Hall, Beach) Police Department, Health Services, Golf 1472 Service Road Course, parking, playgrounds, parks(72), Tustin, CA 92780 beach concessions, beach access,Title III pier Phone: (714)573-3355 concessions and related buildings. ichurchill@tustinca.ore • Training was provided to administrative staff regarding the roles and responsibilities of the City and training was provided to facilities, maintenance and operations staff. • DACTrak software was also provided. Statement of Qualifications—City of Palm Springs Page 11 of 20 County of Calaveras,CA • DAC performed ADA inspections and Jeff White, Building Official developed Transition Plans for County Calaveras County Building Department buildings,facilities, parks and transit stops. 891 Mountain Ranch Road • DAC is conducting a review of County policies, San Andreas,CA 95249 programs and activities to identify issues that Phone: (209)754-6390 may be considered discriminatory. iwhite@co.calaveras.ca.us • DAC is assisting the county in conducting a Self-Evaluation City of Glendale,CA • DAC inspected 30 parks and facilities, Koko Panossian,Administrative Analyst completed the ADA Self-evaluation, public 613 E. Broadway, Room 120 comments, notices and postings regarding Glendale, CA 91206 the identity of the ADA coordinator, Phone: (818)548-2004 grievance procedures and communication kpanossian(Mci.alendale.ca us policies. • Data collected was provided to the City in the DACTrak software for management, updates and progress reports.A transition plan, as required by Title II of the ADA was completed with priorities.The City added the projected schedule for removal of the barriers in the DAC software. Schools Insurance Authority • DAC has provided services since 2000 for the Martin Brady, Executive Director self insured School Insurance Authority pool 9800 Old Placerville Road of 34 school districts in Sacramento and El Sacramento, CA 95827 Dorado County. Services included facility Phone: (916)364-1281 inspections, transition plans, self-evaluations, mbradv@sia-ipa.ore training, software and expert witness services. • Many of the schools included parks and pools and many had joint use agreements with the City and parks and recreation. Additional ADA Transition Plan and Self-Evaluation Experience Additional comprehensive ADA Transition Plan and Self Evaluation projects that have been completed by DAC include, but are not limited to: • City of Clovis • City of Elk Grove • City of Poway • City of Riverside -- -� City of San Jose • City of Oroville • County of Marin • County of Santa Clara • County of Shasta • Okaloosa County • Town of Paradise statement of Qualifications—city of Palm Springs Page 12 of 20 Other public entities for which DAC has provided similar services include Fair Oaks Recreation and Parks District, Padre Dam Water District, Hayward Parks and Recreation, 15 California Fairs, and 160 California public school districts, large Joint Power Authorities and insurance carriers for groups of public entities. 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 embraces the enhancement and assistance to our clients to build an ADA/accessibility plan while documenting previous and current compliance methods. Barbara Thorpe, who serves as President of our firm, worked for a public entity for eighteen years as an ADA Coordinator, 504 Coordinator, Equity Officer, Director of Special Programs and Student Services, Director of Compliance and Planning, Occupational Therapist,Teacher for Students with Disabilities and Staffing Specialist. Following her public agency service, Barbara Thorpe founded Disability Access Consultants, Inc. (DAC) in 1998 with a primary focus to provide services to educational institutions and public entities, such as the City of Palm Springs, to comply with Title II of the ADA and state codes. Barbara specializes in the review of policies, procedures and practices to determine if any are discriminatory or potentially discriminatory for individuals with disabilities. Our firm has been awarded several master contracts by JPA's to provide ADA services for inspections of facilities for federal and state accessibility codes. Our San Diego/Imperial County JPA Master Contract awarded to our firm in 1999 has been extended annually and is in place until June 2011. As a competitive bid, public entities have been able to utilize the San Diego JPA award for services. We completed ADA surveys, transition plans, self-evaluations, consultation, plan implementation and training for 652 public entity sites in Sacramento and El Dorado County for the Schools Insurance Authority. We have performed similar contracts with public entities throughout California. We recently completed transition plans for the City of Glendale and the City of Huntington Beach, and we are currently working with the City of San Clemente. Most of our projects with City governments include parks and the majority of our school district clients also have parks and pools and usually have joint use agreements with Park Districts or School Districts. 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 providing a study of all areas related to accessibility in different departments to document ongoing compliance. 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. Statement of Qualifications—City of Palm Springs Page 13 of 20 dO&A 4. Scope of Services and Approach Although DAC has an office location in Los Angeles, California, the majority of the work will be performed and completed on-site in the City of Palm Springs by site inspectors and the program and polity analyst. DAC team members from the Los Angeles office will conduct on-site inspections on our DACTrak pc tablets or slates and export the on-site field conditions for processing by our servers the same day of the inspection while located in the City of Palm Springs. Thus, the draft report is ready the same day or at the end of the inspection of the particular site. Cost estimates are then refined by Michael Anderson of our team in collaboration with the City. If the City has utilized particular cost estimates for standard nonaccessible items or elements,then the City's cost is entered into the DACTrak program. The on-site facility team leader conducts a quality assurance review and contacts the field inspector regarding any items in the report that may need further investigation. The on-site facility team leader completes any necessary edits and the final quality control editor is notified that the report is ready for the final edit. The final quality control editor may be working in the City of Palm Springs or in Los Angeles by accessing the secure DACTrak web based site. It is estimated that 85%of the work will be completed in the City of Palm Springs and 15%of the work from the Los Angeles office. Disability Access Consultants, Inc. (DAC) proposes the following services and activities to meet the objectives and the scope of services and principal responsibilities described in the City of Palm Springs Statement of Qualifications. Activities include, but are not limited to the following: 1. Orientation/Project Meeting and Clarification of Project Scope, and Schedule DAC will conduct an initial project kick-off meeting with selected City of Palm Springs staff to establish roles and lines of communication, refine project goals, review the overall project schedule, schedule surveys of City of Palm Springs facilities and identify key City of Palm Springs personnel related to the project scope. Initial self-evaluation activities will be completed during this step. More specific activities will include: ❑ Information that is needed will be clarified at the initial orientation meeting. The initial meeting will also clarify proposed activities and provide a collaborative framework to discuss project strategies. DAC has found that at least one orientation meeting is needed to prepare a strategic project work plan for a coordinated and seamless effort. The project methodology is generally designed to develop a comprehensive plan without placing additional activities and impact upon City of Palm Springs staff. ❑ Barbara Thorpe of DAC will be designated as the project manager and policy and program analyst and will be the DAC contact for the project and serve as the point of contact for the City of Palm Springs. The CASp designated team member that will coordinate the inspection team during the facility reviews will be Mike Boga. Mike will be directly involved in the project and field evaluations. Other roles and responsibilities of key team members are indicated in the organizational chart and in the description of the roles and responsibilities. ❑ Barbara will meet with the designated City of Palm Springs officials to discuss the project scope, deliverables currently needed by the City of Palm Springs, deliverables that may be needed by the City of Palm Springs in the near future, discuss projected schedules and timelines, discuss cost saving methods, and review alternatives for compliance by the City of Palm Springs. DAC has some optional cost saving measures for consideration by the City, which include use of the Statement of Qualifications—City of Palm Springs Page 14 of 20 DACTrak tablet to complete inspections or a portion of the inspections. Use of the DACTrak tablet by staff has also proved to be a valuable training activity. ❑ Specific methodologies and data collection will be clarified. Timelines and benchmarks will be developed. Operational and procedural requirements will be reviewed, such as coordination of schedules, name tags, project dates and other relevant information. DAC staff members wear DAC company shirts and have DAC name tags. ❑ 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. ❑ Project objectives will be clarified and elements that may be unique or of particular importance for the City of Palm Springs will be discussed. Items such as community input and staff needs will be confirmed. ❑ Discuss hours of operation,schedules and City of Palm Springs activities by location. ❑ Initiate the self-evaluation to review policies, procedures, practices and contracts, agreements . and documents. 2. Self-Evaluation of all City Programs,Services,Activities, Events and Related Policies, Procedures and Practices ❑ DAC will review all City policies, memos of understanding, administrative regulations and other policy and procedural related documents to identify if any are discriminatory or potentially discriminatory for individuals with disabilities ❑ DAC will make recommendations to the City for consideration regarding potential revisions to policies and practices ❑ DAC will work with the City to conduct the required public input process. DAC will meet and confirm the methodology to be used to solicit public input. For example, DAC will present a variety of surveys in addition to notices and postings. Based on the individual needs of the City and the current assessment of possible or current litigation, and individualized method will be recommended to the City. Other methods may include staff interviews. DAC attempts, whenever possible,to minimize the impact to City staff. ❑ Recommendations will be made, as appropriate, regarding programmatic alternatives to -- -- --— - physical barrier removal. ❑ DAC will prepare a draft Self-Evaluation summary document for the City to review. ❑ Following comments by the City, DAC will prepare a final ADA Self-Evaluation and describe recommendations for implementation. Statement of Qualifications—City of Palm Springs Page 15 of 20 dO&A 3. Survey Facilities-Access Compliance Assessment Reports and Software for Transition Plans ❑ DAC will survey the City of Palm Springs buildings,facilities, parks, playgrounds, parking lots, and other sites listed in Attachment B. ❑ As required by the ADA, the ADAAG and/or 2010 ADA Standards (approved on September 15, 2010) 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, information is reprocessed to compare ADAAG 1991 standards and the 2010 ADA standards without conducting a re-inspection, thus resulting in a significant savings when codes change and the plan needs to be updated. Items and areas in the DAC site surveys may include, but are not limited to the following: • Parking • Parking garages • Curbs • Curb ramps • Entrances • Passenger Loading Zones • Crosswalks • Paths of Travel • Ramps • Handrails • Elevators • Platform Lifts • Stairs • Doors • Door hardware • Telecommunications Devices (TDD/TTY) avp, w.kvrro:u•w7 • Signage-Permanent and Directional Ewa• .� Visual&Audible Communications and Alarms ® °a.a•...udee-,r> .. . .,o ... 7 • Restrooms • Drinking Fountains •a...a�b ❑•.^......a..�,, • Common use areas a•...w•. _ ,a • Employee break areas • Meeting and conference rooms °•"^»..a.. • Locker Rooms a�uore•�w • Stadiums •w+•erw•wm ,X O•awo -- - -.---_ -_ _•_ Playgrounds and outdoor areas • Areas of Rescue Assistance • Sidewalks • Intersections ""�'"` ,. • Trails • Marinas or other recreational areas • Outdoor Developed Areas Statement of Qualifications—City of Palm Springs Page 16 of 20 ❑ 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 has proved to be a valuable addition to assist clients regarding the actual as-is condition and is helpful in the formulation of decision making 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. ❑ 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 unisex RestroominNmeOffimof Building A and recommendation by area and site. Estimated applicable costs will be given by item Fmdmg tna baW Mtl'e sine 91 "R eb 0 731u ewY�above and element in accordance with industry *�"6 mea". '"neaX11831 1 IIIMmoffm A Recommendation standards. Costs can be easily adjusted to rmmemmsmagmbersoa.aewam VWV Vw adhere to any cost estimates the City of Palm ��b aWmea n%ge0v'B a Springs may utilize. Mot geaw m IIIrtl i ❑ Physical access problems that require structural bee'n�. sMwannu, solutions will be documented in the Compliance e"**""'gg Assessmen proposed References t/Transition Plan. The ro osed References method for removal will be provided. The ADAI transition plan will identify physical barriers that may limit accessibility of the City of Palm Springs adsbxmc programs, services or activities for individuals .,' wee .x oro with disabilities. The schedule for removal of barriers and appropriate timelines will be developed in consultation with the City of Palm Springs. ❑ Identified barriers and obstacles will be prioritized as discussed in the Scope of Work. Use of the DACTrak software will provide the City of Palm Springs with an additional tool to reprioritize items depending upon the unique and ongoing needs of the City of Palm Springs and public comments during the public input process. Public and nonpublic areas will be identified, if requested. Employee only areas, for example, as usually given a lower priority for barrier removal. II Detailed findings, inspection intake records and digital photos are utilized during the intake process. Findings are incorporated into the transition/barrier removal plans. Information collected during the survey process is preloaded by DAC into our DACTrak accessibility management software. Statement of Qualifications—City of Palm Springs Page 17 of 20 4. Compliance Assessment/Tronsition Plan Reports and Implementation ❑ The draft Transition will be submitted to City staff for review and approval. The final report will be presented to City staff and, if requested,a Q&A session or workshop will be held. ❑ Following approval by the City, DAC will present the transition plan and findings by demonstrating the use of the DACTrak Accessibility Management software program and providing a training session. DAC will prepare and print reports in the type and style requested by the City.The City will have use of the DACTrak software for a period of three years at no cost to update and manage their information and print progress reports and other custom report formats. ❑ The draft plan shall describe the methods that will be used to make the facilities accessible and outline a strategy over time. It is recommended that the schedule and +m+, �° °"�' timelines be developed by the City of Palm ,.a .,,„, „•°.e, , ° "ro ^` ° •°°-`�+ Springs in collaboration with DAC. It is not recommended that DAC unilaterally place dates in the plan that the City of Palm Springs +'� "'• may not approve and DAC would not want to �`"°°'"° ° •'""'° inadvertently commit the City of Palm Springs u""•" to dates that may be unrealistic or ' ' �, �*+•+�w wo.e..am nu a n+w inappropriate. The projected schedule for barrier removal is required by the ADA for the development and implementation of the "°°" """"° ' ""'°""�°°""° C__7■ required transition plan. It is anticipated that the City would opt for a phased - implementation plan with a timeline of a minimum of five years. - - ❑ Cost estimates will be provided when available for the specific item or element and can be easily be adjusted in the DACTrak software to utilize any specific costs adopted by the City of Palm Springs. ❑ The phased implementation plan is best developed in collaboration with the City of Palm Springs. DAC will recommend a prioritized plan that can be modified and updated by the City. ❑ It is not recommended, nor is it required that the ADA Self-Evaluation be approved by City Council. Projected dates that are incorporated into the plan may become problematic if the dates are not met. The plan is intended to be a working, ongoing plan that benefits from _ flexibility. 5. Deliverables Based upon the number of City of Palm Springs facilities, it is recommended that the City of Palm Springs utilize the web based DACTrak software to access and manage the plan on an ongoing basis. DAC will license the DACTrak web-based software to the City of Palm Springs at no cost for a period of three years. Additional years may be licensed at $1,000 per year which includes the secure storage, web Statement of Qualifications—City of Palm Springs Page 18 of 20 based access and updates for the City of Palm Springs. Not only does DACTrak provide green methodology, but the software provides a useful and easy to navigate tool for the City of Palm Springs to manage, update and implement the plan. The City of Palm Springs would not be required to use DACTrak, but experience has shown that notebooks, excel spreadsheets and hard copies of plans are difficult to update and manage. Hard copies can be provided if requested. Project Schedule Scope of Services and Estimated Timelines It is estimated that the project activities, including public input, is 4-5 months. Activities can be completed sooner depending upon the start date of the public input process and whether the public input process is done concurrently with the site inspections or after the site inspections. Scope of Service—Activity or Task 1 2 3 4 5 DAC Team Meeting with City of Palm Springs; kick-off meeting Project Planning,Scheduling, Procedures Review Review of Policies, Procedures and Practices;analysis of existing plan Draft Self-Evaluation of services, policies, programs and practices Inspections of Buildings and Parks Reports Developed and Edited Draft reports available for review and comments Public input process Draft prioritized self-evaluation and transition plan reports with public input DACTrak Software Development and software training Acceptance of Project Deliverables Statement of qualifications—City of Palm Springs Page 19 of 20 S. Local Preference DAC does not have an office in the City of Palm Springs. DAC will solicit applications for employment and proposals for subcontractors and sub-consultants for work associated with the proposed contract from local residents and firms and hire qualified local residents or provide training for applicants. An associate of DAC has worked with a resident of the City of Palm Springs in the past and is willing to do so again if DAC is fortunate to be awarded this project. statement of Qualifications-city of Palm Springs Page 20 of 20 Resumes Key Staff Disability Access Consultants, Inc. &3&4& Disabi ty Access Consultants,Inc. BARBARA THORPE wsaaxga�ew e, „ro;x,,an Americans with Disabilities Act,Section 504 and Related Experience • President and owner of Disability Access Consultants, Inc.,a corporation and small business with an extensive history of accessibility compliance consulting since 1998 • Conducted hundreds of Americans with Disabilities Act Self-evaluations for public entities,City and County governments,school districts,colleges, universities and outdoor developed areas • Provided consultation regarding access to programs, services and activities to public entities and businesses • Assisted with the development of thousands of transition/barrier removal plans for public entities • Performed compliance audits for the Department of the interior, US Fish and Wildlife ■ Served as an expert witness for the Department of Justice, public entities and other businesses ■ Served on advisory boards for disability issues for public entities ■ Provided consultation to numerous state and local government entities-cities, counties and school districts • Assisted with ADA implementation plans and consent decrees for public entities Provided staff development activities for public entities, businesses and associations Professional Experience ■ Occupational Therapist • Teacher ■ Program Staffing Specialist • School Administrator ■ Director of Special Education and Student Services • Director of Planning and Compliance • ADA Coordinator, 504 Coordinator and Equity Officer • Accessibility Consultant Education Graduated Magna cum Laude Colorado State University Bachelor's of Science-Occupational Therapy Graduated Summa cum Laude University of South Florida Masters Degree—Administration and Supervision, Educational Leadership Presentations and Training Sessions • Indiana Parks and Recreation Association—Annual Conference • City of San Clemente • Minnesota School Board Association • California School Board Association • Association of Defense Counsel of Northern California and Nevada Page 1 of 2 • Public Agencies Risk Managers Association • School and College Legal Services • Council of Public Entity Attorneys • California Defense Counsel • McNeese State University, Louisiana • Louisiana Association of Physical Plant Administrators • California Council of School Attorneys • San Diego County Office of Education JPA • Tuolumne JPA • San Mateo County Risk Management Group • North Bay School Insurance Authority • California Association for School Housing • California Association of School Business Officials • Joint Powers Authorities • California School Board Association • School Insurance Authority • California Risk Management Authority • Alameda County Facility Planners • Rental Housing Association • Western Fairs Association • Contra Costa County Office of Education Publications • ADA Changes: Get a Head Start on Pending Accessibility Guidelines: September 2001- Maintenance Solutions Magazine • A Gameplan for Access: Strategies and Tactics to help managers develop a successful barrier removal plan for public facilities: March 2003—Maintenance Solutions Magazine • Accessible Toilet Rooms:June 2006—American Schools& Health Facilities Publication Boards • Currently serves on the California Division of the State Architect State Advisory Board • Currently serves as the vice chairperson for the California Division of the State Architect Access Compliance Advisory Committee • Currently serves on the California Division of State Architect Education and Training Committee Other Activities • Currently appointed by the Office of the Independent Monitor regarding Chandra Smith vs. Los Angeles Unified School District Modified Consent Decree • Currently appointed as a neutral monitor regarding implementation of a consent decree for a public entity • Currently assisting a public entity with the resolution of an ADA complaint • Currently assisting a public entity to resolve a complaint by the US Department of Justic Page 2 of 2 dO&A Dft.WtyACc C Mukenb,Mc. MICHAEL BOGA PROFILE Americans with Disabilities Act and Related Experience • Inspected over a thousand facilities for compliance with federal and state accessibility standards • Assisted with the development and implementation of transition/barrier removal plans • Provided consultation regarding Title II and Title III accessibility requirements • Performed compliance audits for Department of the Interior • Provided accessibility training activities for public entities • Served as an expert witness • Provided numerous training sessions and seminars regarding the requirements of state and federal accessibility standards Professional Experience • Contractor • Work training program coordinator • Special Education Teacher • Accessibility Inspector(1998 to Present) Certifications and Training • Certified Accessibility Specialist(Certificate No.CASp-152) • Certified International Council (ICC) Accessibility/Usability/Plans Examiner(No. 1108082-21) • Certified National Playground Safety Inspector(NPSI) • Division of State Architect Academy-Accessibility/Plan Review/Fair Housing • Division of the State Architect Academy—2010 CBC Amendments-Accessibility Education Bachelor of Science—Education St. Leo College Publications Articles for Maintenance Solutions Magazine "Opportunities for Access", March 2004 "Clearing a Path for Access", February 2005 Presentations and Training • Schools Insurance Group • Indiana Parks and Recreation Annual Conference • TO County Schools Insurance Group • Tuolumne County Joint Powers Authority • Southern California AIA • Western Fairs Association of Defense Counsel of Northern California and Nevada • Public Risk Managers Association • California Association of School Housing • San Diego County Office of Education JPA • School and College Legal Services • Council of Public Entity Attorneys • Schools Insurance Authority • California Building Authority • Rental Housing Authority • California Association of School Business Officials • California Joint Powers Authority • California School Board Association • California Defense Counsel • California Council of School Attorneys • Oroville Chamber of Commerce • Independent Living of Northern California Other Activities • Currently appointed by the Office of the Independent Monitor regarding Chandra Smith vs. Los Angeles Unified School District Modified Consent Decree • Currently appointed as a neutral monitor regarding implementation of a consent decree for a public entity • Currently assisting a public entity with resolution of an ADA complaint • Currently assisting a public entity to resolve a complaint by the US Department of Justice Dlse WAmss DwuW ntb. SRIKANT TALASILA PROFILE Technical Experience 6 years of Software Development experience of which 5+ years of extensive experience and expertise as MS.NET Developer. Expertise in working all phases of the software development life cycle (Requirements Analysis, Design, Coding, Testing and Deployment). Extensively worked with VB.NET, Win Forms, ASP.NET, C#. NET, VB 6.0, ASP, ADO.NET, Web Services, XML, XML Schemas, XSLT, [IS, HTML, DHTML • Strong skills in creating complex SQL Queries, stored procedures, triggers in SQL Server and Oracle. • Excellent knowledge of SQL Server Reporting services. • Experience in creating ASP.NET Web Services, SOA. • Expertise in developing Web Interfaces using ASP, VBScript, JavaScript, CSS, HTML. • Experience in developing applications using Visual Basic, components (ActiveX DLUCOM) using Visual Basic and .NET Class Libraries. • Excellent analytical, logical and programming skills. • Excellent crisis management skills to meet deadlines. • Experience with Visual Source Safe and CVS for Source Version Control. Professional Experience • Current Director of Information Technology for Disability Access Consultants, Inc. since 2008 • Application Developer for Wal Mart Stores Inc. • .NET Developer for Capital One Bank • Application Developer for SunGard IT Services Technical Skills • Languages: VB.Net, C#.Net, VB6.0, ADO.Net, ADO, JavaScript, VBScript, HTML. • Web Technologies: ASP.NET, ASP and XML. • Web Servers: IIS 7.0, Apache Server. • Database Technologies: MS SQL Server 7/2000, MS SQL Server 2005, Oracle 9i, TOAD 8.0 • IDE: MS Visual Studio.NET 2003/2005, Visual Studio 6 • Operating Systems: Windows (95, 98, NT, 2000, XP Pro, 2k Server), UNIX and Linux • Testing Technologies: Load Runner 7.2, NUnit, MBUnit Education Master of Science Computer and Internet Applications University Of Luton, England d GlubRby A« sCO•Vftb ,W. CANDICE PURSCH PROFILE Professional Experience and Education • Performed Accessibility Surveys of Hundreds of Public Facilities for Disability Access Consultants, Inc. since 2005 • Associates Degree in Building Inspection Technology from Butte Community College • Accessibility o Uniform Building Code o Uniform Plumbing Code o Uniform Mechanical Code o National Electrical Code • Plan Check for Exits • Additional Coursework in Architectural Project Management at California State University o Construction Plans and Specifications • Construction Materials and Systems • Building Codes o Construction Graphics • Architectural Design Certifications • Certified through the International Code Council (ICC) as an Accessibility Inspector and Plans Examiner • Certified Combination Building Inspector • Certified for TracPipe • Certified for WIRBSO AquaPex Thank for - opportunity to present Accessibility Services and Software AAPb@ tb^ A @+ vb C t L @ 4L 0 C* A P b Ck3& 8G �x4v e�ea_ Ar.Y�r 44 9 P8@ Z> @P 4 O y P AOb 6t49 x'V y✓A@tP4 Team Members Disability Access Consultants, Inc. (DAC) Barbara Thorpe, Project Manager Michael Boga, Inspection Team Leader & Quality Control Organizational Chart v ��Y¢+ry 21�b4 l 6�W 4_ 5rikantTalasila �1 kk-4 ; ' JennieCir bitectgr,tsklT _ Qirectgra Oj M �I Oper�tiggs R s l 1 1 r w, _... P P. -, i \ Project Manager — Barbara Thorpe ❑ Started Disability Access Consultants, Inc. (DAC) in 1998 ❑ Worked for a public entity for 20 years before starting DAC • Has been a Section 504 Coordinator, Equity Officer and an ADA Coordinator for a public entity ❑ Occupational Therapist ❑ Director of Planning and Compliance ❑ Serves on Division of State Architect (DSA) Advisory Board ❑ Vice Chair for the DSA Access Compliance Board ❑ Serves on several City Disability Advisory Committees .� .. .. �,. v .:vvvvVVVVVs+ V/ uVC7✓ WVrVV1l►�I � r' � � � � � � � � � � � �' � i � � \ Project Manager Experience g p o City of La Quints a City of Fountain Valley o City of San Clemente o Calaveras County o City of Cypress o City of Newport Beach o City of Glendale o City of Huntington Beach 13 Desert Recreation District -Indio �.. r .. .i ..., .. .... .. ..., ... �.. ... ..r .:,. .✓ .+ vv �:5rvwtiVl�M► vl � � � �► Ar � � � � � 1r � � s �' � wr � Experience Last 5 years — Cities greater than 45,000 • City of La Qu i nta • City of Fountain Valley City of San Clemente • City of Glendale • City of Huntington Beach • Calaveras County • City of Cypress (In progress) • City of Newport Beach (In Progress) . .. .s Work Samples Many types of report formats with DACTrak Accessibility Management Software Depends upon the needs of the user v �,. -. �. ... � •.. •.� •:.• �,• •-� ,.� •.. vvvvwvv � vV4.✓ iiii �' iii �► iiiiiiiiii � DACTra k . .Welcome;mbow I Support I Sign clot i Hap Select a cleat:nt. 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W►!! ! ! l Cien�ts: , City of La Quiita i Projects: City of Lagiirta Proieet tnFp Address :78-495 Cabe Tam La Quinta, CA 92253 Boys a Girls Ciub 49995 Park Avenue (Sty Of La Quhda sports Complex La Quinta, CA 92253 sports Complex La Quinta, CA 92253 Civic Center 78-495 Calla Tampico La Quinta, CA 92253 Fre station it7tl 54001 Madison street La Qvinta, CA 92253 Fire Station iF93 44555 Adams Street La Quints, CA 92253 78-275 Calve Tampico La Quinta museum La Quinta, CA 92253 77-085 Avenida Montezuma La Quinta, CA 92253 ta.QNnta screw Center 78-450 Avenida La Fonda La Quinta, CA 92253 La Quints yNfCR Oayrcare 49-955 Avenue S0 La Quinta, CA 92253 New Fire Statism(Fine Station*32) 78111 Avenue 52 La Quints, CA 92253 Police Substation' S1351 Avenida Bermidas La Quinta, CA 92253 public Works IN Ma�ten�nee 78109 Avenue 52 ffilVeT La Quinta, CA 92253 Rock 79-179 Atunanxson Lane La Quinta, CA 92253 79-600 54 Avenues ziy v � vvvvvvVW4Jir � � WWWWWWWWWWwwwwwwl Building Meese MW the filter Crltetm and Ckk:'Generate Report"to vww.the Report...... -.. _ Ciertto GSty of to Quitta AN Protects: &i3tgs T, FaciOes V Qtitta Senor Center k.acaUats: N Locations _ ' wa old ftitimty: r; j j Sort 9ya- ®Ptimty @ Ca6e m ®Leea on a awty - r ®Mchdo COON Infmwbon in dhs Report Accessibility Survey Building Accessibility S ey La Quinta Senior Center 78-450 Avenida La Fonda La Quinta, CA 92253 Daft of Inspection 7/13/2011 Pn*Wed By Disability Amass ConsutmMs,Iwc. (000)-743-7067 — � ... .. .... .., .� ... y,,, " `. ..� ... �. � v �w �. v�► �. �. .� .rwww .rwww � t. � �rw�. � w. Building Accessibility Si!r�ey La Quinta Senior Center 78-450 Avenida La Fonda La Quinta, CA 92253. Date of fmpection 7/13/2011 AepWod By DiMlABy Amass c ,Ks,1pc_ (800)-743-7057 dO&A ... � ... ... v v � ....� � V vV L V � �/ W�" 'w�IVV Vt✓ W V' ! ! ! l � l � !'�! ! ! l �/i� ! ! � a. ( Pdf -La Quiets Seam Center _ Parking - Exterior : Parking Lot, parking Space , Acee Parking Left Atcamble Spece MW Ire Sena Enhance Parkm space slope Findeq P+:king Lai.ParkMy Space : Patkkp Space Sore The surface of the access"e Parking space has a slope greater than Mowed. on-site ruing 4.90 percent Recommendation Pave the Parking lot t0 Provide a level surface. Recoffffiended UP to 2.00 percent costbe Information(Esiinsated) Repave surface to correct dope and $3AM restrge. Code Reference: ADD 4b.3,CA IMBAA Progress Record Nnmher: 43766... status: None Projected Date: _ Conwieted Date: Actual Cost: $0 Priority: None Comunents: No C.aixnents Adams Street Sidewalks - Exterior Sidewalks , Hazards & Gratings East Side Of Adams Street From Avenue 47 To Highway 111 Change In Level 287 Feet North Of Avenue 47 @ 33.70731, -116.2860 Tripping Hazard Height Non :Beveled Sidewalks, Hazards&Gratings Tripping Finding Hazard Height Non Beveled Sidewalk has a tripping hazard that is higher than recommended value. On-Site Finding 0.50 inches Recommendation Make sure that the sidewalk has no tripping hazards. Recommended Up to 0.25 inches Costing Information (Estimated) code Reference: Remove tripping hazards. $198 ADA 4.3,CA 1133E Record Number : 33590 2611 23Q7 2926 - _ .r .... .... ..� �. .. .r ..ovvvvvvv �► �.✓ VVVWWI'A � � � � il� � �'� � is � �'� ' rl� Park Play Areas - Exterior Play Area , Ground level Equipment SnMU Play Area 9whil s Fiber Seat Height Play area Ground level Equipment Seat Finding Height The seat height is not compliant. On-Site Finding 40.00 inches Recommendation Provide a compliant seat. Recommended 11.00 - 24.00 inches Costing Information (Estimated) Provide Seat $200 Code Reference.. Record Number : 45953 2760 2373 2201 — — — — �- Y � .� ... ... ... vwvvvwvvVyti,r►� liiiliiiiiiiiiiiil � Sidewalk Adams Street Sidewalks - Exterior : Sidewalks , Hazards'&Gratings East Side Of Adams Street From Miles Avenue To Fred Waring Drive Change In,Level 191 Feet North Of La Palma Drive @ 33.7274, -116.2862 Tripping Hazard Height Non Beveled Sidewalks,Hazards&Gratings Tripping Hazard Height Nan Beveled Finding Sidewalk has a tripping hazard that is higher than recommended value. On-Site Finding 1.50 inches Recommendation Make sure that the sidewalk has no tripping hazards. Recommended Up to 0.25 inches Costing Information (Estimated) code Reference: Remove tripping hazards. $198 ADA4.3,CA 1133B' Record Number : 34254 2611 2307 2966 C C.. 4,V S t • 5 � WWW , Intersection Adams Street &Avenue 47 Intersections - Exterior : Intersections , Pedestrian Signal Controls Adams Street & Avenue 47 SE Pushbutton To East Crossing @ 33.7064, -116.2860 Push Button - Clear Ground Space Slope Intersections, Pedestrian Signal Controls Finding Push Button-Clear Ground Space Slope The clear ground space is not level. On-Site Finding 3.60 percent Recommendation Provide compliant level clear ground space at the control. Recommended Up to 2.00 percent Costing Information (Estimated) Code Reference- .,i !/ Y Y W W W W �...J \/ �s/ \J \�/ \I � � v V t.Lr �✓ � Y V V � 4 � � � � � � � �� � ���' � � Wekorn4k rnhago I support I sign out I UL4p Pn 5< 6 7 8 9 10..>NWd4 of I4 ftWN:.Boys rGels.Ckb Beck to List P, -Edmpkr:p OtL-plrt,paditSpaee Vr OOltOtVWkAvrrer NQ Ateererbb spree The amMitile parbM Space dues not meet the mw.. P tot..Part ece:parl®� pace MYidth raquirem tp for width. - On Site.fig: 98.00 inches - MOCONWAUWkUM Re+tr"the sawabM pWbW space. Reeohimmm W: At kam l08.00 ihctus combo"Womfib" Rs4tnpe wadm 0 parkmo qmm. f360:0o �lhlfettc .. ADA 4.6.3 G 11298.4 1 2 3 4 5Of5 Priority r3 ►roied.e Date of Compkbbn 4112rM2 P"WWBNet Actual Dme of Cquplebon Resok*ion SeMed one AduN.Cott .® dPO to ABC Contzectin0 Preis 5.< 6 7 8-9 10 a Next 4 of 14 dt s Y Aea�u ComuRaeth Inc Powered By DACTtkllC r � v �-d %-,0v -,,IV • wwWWI Self Evaluation PURPOSE OF THE EVALUATION 1 PRIOR ADA SELF-EVALUATION AND TRANSITION PLANS 2 CURRENT ADA SELF-EVALUATION AND TRANSITION PLAN' 1 CLASSIFICATION OF THE CITY OF SAN CLEMENTE' 2 FOCUS OF UPDATED CITY OF SAN CLEMENTE ADA SELF-EVALUATION 2 DATE OF SELF-EVALUATION 2 SELF-EVALUATION UPDATES 3 LOCATION OF SELF-EVALUATION 3 DESIGNATED ADA COORDINATOR 3 SELF-EVALUATION FORMAT 3 GENERAL INFORMATION ABOUT THE CITY OF SAN CLEMENTE- 3 CITY ORGANIZATION DEPARTMENTS COMMITTEES 4 COMMITTEES RELATED TO ACCESSIBILITY 4 METHODOLOGY FOR SELF-EVALUATION 4 a.. .. -,. ..r ... ... �+ vvvvwvvvJ��Iw*� �► ��`� � � � wR-7 � � � i � � TRANSITION/BARRIER REMOVAL PLAN 5 NOTICE TO THE PUBLIC OF THE SELF-EVALUATION 7 SUMMARY OF FINDINGS AND RECOMMENDATIONS 7 DESIGNATION OF ADA COORDINATOR 7 POSTING OF IDENTITY OF ADA COORDINATOR AND NOTIC OF RIGHTS 8 STATEMENT OF ACCOMMODATIONS ON PUBLIC NOTICES 9 STATEMENT OF NONDISCRIMINATION 9 INPUT INTO THE SELF-EVALUATION PROCESS 10 GRIEVANCE/UNIFORM COMPLAINT PROCEDURES 10 ACCESS TO PROGRAMS SERVICES AND ACTIVITIES 1.1 CITY POLICIES 12 ELIGIBILITY CRITERIA 14 ACCOMMODATIONS TO ACCESS PROGRAMS SERVICES AND ACTIVITIES 14 EQUALLY EFFECTIVE COMMUNICATION 16 AUXILIARY AIDS AND SERVICES 16 INTERPRETER SERVICES 16 TELECOMMUNICATIONS DEVICES FOR THE DEAF 16 WEBSITE 17 ALTERNATE FORMATS 17 AVAILABILITY OF ONLINE INFORMATION AND SERVICES 18 TERMINOLOGY 19 STAFF TRAINING 19 NEW EMPLOYEE AND VOLUNTEER ORIENTATION 21 STAFF TRAINING 19 NEW EMPLOYEE AND VOLUNTEER ORIENTATION 21 OUTREACH MATERIALS AND ACTIVITIES 21 DISTRIBUTION AND LOCATION OF PUBLICATIONS 21 KrtlYdlvVlr �� �� � � i7l� Al� �7� � �1w FEES AND SURCHARGES 22 EMERGENCY EVACUATION PROCEDURES 22 ORGANIZATIONS REPRESENTING PERSONS WITH DISABILITIES 23 POLICIES FOR THE USE OF CITY FACILITIES 23 FACILITIES LEASED BY THE CITY 23 SELECTION OF CONTRACTORS AND CONTRACTED SERVICES 24 MAINTENANCE OF ACCESSIBLE FEATURES 24 PLANNING AND BUDGETING FOR ACCESSIBILITY 24 OPPORTUNITIES FOR INPUT 25 SURVEYS FOR ORGANIZATIONS REPRESENTING INDIVIDUALS WITH DISABILITIES 25 SURVEYS F R FACILITY U RS 25 RESPONSES TO SURVEYS BY FACILITY USERSAND ORGANIZATIONS 26 SURVEYS FOR CITY PROGRAM AND SITE ADMINISTRATORS 27 IMPLEMENTING COMPLIANCE RECOMMENDATIONS 42 APPENDIX A - PUBLIC NOTICE AND POSTING 43 APPENDIX B - SURVEYS 45 0 - - - - - ... ... •.• •.• •. •.. ... v .u. � v V V Eb/ V.V V V V V.V V V V V V V V V V V V V V Photographs o Digital photos included ❑ Adjacent to finding and recommendation — do not have to search elsewhere or attached to the report or refer to a reference number • Photos of as is conditions — compliant and noncompliant ❑ Noncompliant photographs in Transition Plan ❑ May have multiple photographs of each noncompliant item or element, ( i .e. 1 of 5) Sidewalks and Interse ctions .a Should be included in the Transition Plan o Barden V. Sacramento — 2004 o ADA Title II 28 CFR 35 o DAC Experienced in PROW • DAC has conducted surveys of public rights-of- ways to include sidewalks, transit stops, street furniture, running slope, cross slope, width, changes in elevation and other conditions that deny access to programs, services and activities v � .+ vvvvvvvV VVVV �iIV V V V V� VVV V� V �rV V VV V' V ' Intersections ❑ Intersections include components in accordance with PROWAG, MUTCD, and related standards ii Automated Pedestrian Signals o Crosswalks • Curb Cuts-Curb Ramps- Pedestrian ramps ❑ Slope — Cross and Running o Traffic stop bars GIS Incorporated into DACTrak Adams Street Sidewalks - Exterior : Sidewalks , Hazards&Gratings East Side Of Adams Street From Avenue 47 To Highway 111 Change In Level 287 Feet North Of Avenue 47 @ 33.7073,-116.2860 Tripping Hazard Height Non'Beveled Sidewalks, Hazards&Gratings Tripping Finding Hazard Height Non Beveled Sidewalk has a tripping hazard that is higher than recommended value. On-Site Finding 0.50 inches Recommendation Make sure that the sidewalk has no tripping hazards. Recommended Up to 0.25 inches Costing Information (Estimated) Gode Reference: Remove tripping hazards. $198 ADA 4.3,CA 1133B Record Number 33590 2611 2307 2926 - - - � �- �- -- �- �- �- � � � �+ .' �.. vvvvv ®I► wwwwwwwwwwwwwwww � w Proposed Timelines : 3 -5 Months Scope of Service—Activity or Task 1 2 3 4 S DAC Team Meeting with City of Palm Springs; kick-off meeting Project Planning,Scheduling, Procedures Review Review of Policies,Procedures and Practices;analysis of existing plan Draft Self-Evaluation of services, policies, programs and practices Inspections of Buildings and Parks Reports Developed and Edited Draft reports available for review and comments Public input process Draft prioritized self-evaluation and transition plan reports with public input DACTrak Software Development and software training Acceptance of Project Deliverables Background Checks ❑ DAC has always required FBI and DOJ background checks o DAC also conducts pre-employment and random drug testing City Involvement • Due to limited City resources, DAC attempts to minimize impact to City staff • Involvement in training only if requested by the City • Depends upon methodology selected ❑ Contact with the ADA Coordinator Public notice and posting On -site work erce p ntages 80% on-site in the City of Palm Springs ❑ 20% off site Primary office for any clerical or IT support - Las Vegas ❑ Project manager on site for significant amount of time DACTraK Intake and 'eb- based data management system for accessibility compliance DACTrak Intake Tools L e FY F � k �Y ,., usvnn6.. rcffi. c5 ¢°go- 1 ..{f� �j ,y..,FSR•' �� *. G ,rr s DACTrak Steps to • Compliance • 4n,take using pc tab#et • Data sent to server • Federal vs. State • Standard to Process • Management. Features • Multiple ReDACTrak porting Formats Intake and Management • - •a' iAe Edl Ve�v WMory deb 06"t'Un: Van Accarablo Parkrp She J s+ve l i �PkW OWca TYPe: Van Atc•ysble�{1aCaB ��LLlw okra Outline _ ❑BTrata Dutlb la Faded,DnaaSW Or M hft Notes -WWth:�118.tD LanMi�236.09 j shape.IZW,_.. oonAca„b,eq 1e Vartical deararca: t99.ao QMwt Travel ttakkld ottrr Spann _ wen,... _ • . Cl Parked Val"M+w&munch hot Path of Tram _ CAI toe.TSA Svl" R MA to Vlab4 Evn wtm Car b Parked An O Dig to wort•on sue wk:136AD • • oMA IS Faded or Wmyad .� CI HaAocaab4elmp 8bn TWM[Wd yk■aetM •r u At trod _ La 141ft I24AX .... . _ Has SBA 6ymbd ' wkkh:I tt= ClloavurAar.btesig� j i LM I H.SIR FHM DrtuKt!BOAO 0919n a Fadrd ar Dumo d [0 Han Acwea6b Allk ._._. . _ ... . .__ Warning 8 Abb In On V Wd Oft Of SPWC tPeoarpor Skim Curren[Location:EFterltr - Restroom " Aaw Mans Restroom PSG: $ave VVpa. Multi Accommodation Allancsl Intake [tie: Male E .. - Age . Adult '� __ (IhJlYiti�1'OV I TOIiet o"U"Meftt&. Restr0c" Door Was Privacy LOck a—rni JOccupied Indicator QIs.Etn Route:. ❑"M VhUa Abwm I]Door hay ftWkwihg:ClowFkmr DO rAxw,space - b�UrtYfs L� 0.00 0.00 Provides for Electronic Inspections -' m. sign Door wan sue, TypMi.Van' fa - l `- O* . 41ur W"Ine Perk ❑ _ I SPa .._ qpaca Out9raM Is p *mod.tae WqW or MkS4 - Notm . Lmigth:6�u oo j Rat" P ktw>ts wartleat Clawmmmi�ao ❑Mwt TraMaleMhkat rlFlyar ep. a. . ... ._ M Paftd VW"►x1W OW66ah kft Path of 7rava FOHM MA tta" - _a_._. .. Select the area you )JSA lc Vidtia t:vm'CAM-CW I8 A rand an want to inspect epuai t arg1A; 3em f - wldahr[aa.00 ❑M ra Fadad ar tasnanata � � vP+• waa M1Mountwd *1 SIB At"No �z4m RIHm MA e � tMdth� ti.00 � E7wuv«rwcasrkt.stAn � ,�t.at its t�.a�(ea.00 _ �tin�«faded or ttaaupad warntrg I ,gat.-tarftW etchtarGPW Pa"egWswe 4KJW X j alaldom:) ljodx3 -'X A e. � I-1 I lve uawa L1 1 13 laa�1S ls�ij l ioilx] slomps haejoawal3 1 X I l Kalo i,J l iodx3 _ �. , ... ., ... .. ... �. �' �•,, �.. vw � w � �I � s � l �r� � • � �1�® fie • DacTrak Login - Windows Internet Explorer F-S:I h#pcllldytra co*public/Login.aspx?P,eturnUrl=%2fDefault.aspx E3b Edt .:flaw Pgra#es ]eob gulp �'favd9[+es Support Sign In Help Password' Ow next bM. ID or password? Log in US* 9 our secure or standard server dab.any Aacaa camuftft Inc. POWered By OACTr* MMoeer►wbo"I srpp set 15 o.t l x s s • s stteas da mmob%gaft bftft f�his-8ttator t 8t.i�,NridwllP P • jject s 101109 &boom. Ran t Loft no" y • Rtw"now* 'R»M W as Ot Owimd d w.awed*wpm �" mow'tM�bM tA�R 0.Sty R.tig MAO id+u Indicate RommowAom p"J�a901t00bi progress �tafarmPtw WOW~momen& si ma xs Select u:xs�eas resolution i 2 3 4 Indicate Rq�w 4�P 41wf tJ�i�d n @��p70��'i nw . a...dri costs 1bw Comm" siaa =ems dae.d MOM 12a 45aorta eta DACTrak Data Management Welcome,mboge(support I slpn out I Nelp DAChok, 1 3 i a s a Neat s o[tl fatlkll:Old Wny.. neck t LR PReWllr-.EibDbz:Porkbe lat,rNkkp erilb PopgnE Lip NrRtTe Ubnry. eldrt 11eDoaskh SNw POSRiRr avow fibre pindlna . t ra.kin s a:firkin S aoe sl Add Notes TIN sgNaa d the arzanibb wrkinp space Aas a sloPa praabr Nan .�� albwW. View multiple ptlotos On Sib Imdirp: lJ0 DerPaM �..,.;. .. Rocrmmendatlon - ' Daw Na ghiip IN to provide.MVN sw/ew. 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Powered By DACTrak j Reliability Consistency Manager 7 nt Implement tion Acco u nta b l ity DACTrak Intake and Management Software Comprehensive Inspection of Federal and State Accessi ility Standards Priorities Notes Sketches & Drawings Timelines Tracking Compliance Projecting Costs Documenting Barrier Removal and Compliance DACTrak Features Wekente,jgrover i Supptxt i Sign Out i Help DAC1FaiE i r Select a Client: Disability Access Consults Douro Project' TO Pr doh.DkQbMY Aaem Conwi of Im Powered By DACTft welcome,:79rover II support I Sign out I Help QAcnrok ,% i clients: ro'ects: Facilities: Alum Rack Union Elementary lementary Schools - Anthony Dorsa Elementary Ira rlity InWrmaton Address : 1290 Bal harbor Dr. Multiple types of San Jose CA, 95122 reports are available do&MwbMyr Access ComWa tor, Inc, Powered By DACTV* .� .r ... ... ... � ... .. �.. .. �. vvvvvwrW '�i+ VVt./ Er► �r/ V � � � � � � � � � � e � � � �� � ® � ^!"r'�"* ^ xr sdwo�tMn,cc t �v sdwas -fa antlwnr D"sa e�nentary ' ®®® ®51 Page' 1 Hof ®® ®®' .. Accessibility"Survey Americans with Disabilities Act �5 Anthony Dom Elementary 1290 Bat Harbor Dr. San Jose, CA 95122 Dateowtntp6di n 1/9/2009 Prepared By - DISabMW Access:Consultants,Inc. .... (800)743-7067 _. v a Reports Toois a � e • ! ! R a �Pdf h 1 t. Milli ®j Page 2 - of ,376 jj® ®®'Ptlf 2 3 Anthony Dorsa Eleffiel q Parking - Exterioi 6 ng Lot,WarningSignage Lot Near The Admi 8 f a ion Office 9 10 a No Parking Lot Warning 11 12 Finding ,.�` Parkin9Cat,Wa x mxgSlPwge: No Park. There is no warning sg 14 regarding unauthorized use of 15 ng spaces in the uarktng loL 16 On-Site Finding None 17 - 18 � Recommendation 19 Post a sig n in aconspicu 20 ,o o the entrance of the Parking lot,or immed'at 21 :' tto and visible from each accessible pa shall rking measure at least 17 inc 23 warning size and consist of lettering at height that dearly conspicuously stat24 andco n 2S n9%'g*Unauthorized vehicles parked in ishyn blespacesnot displaying distinguishing 26 or license plates issued for persons with. 22 r may be towed away at owner's expense Tov 28 may be reclaimed at or by telephon 29 Fill in the blank spaces with appropriate 130 ! nas a permanent Part of the sign and main 31 rrency of the information. Easy Navigation Recommended see Above Costing Information Install post mounted sign.' $250 citations CA 1129fl5 Antimony oorsa Elementary Parlong - Exterior : Parling Lot, Parking Space Lot Near The Administration office Right Accessible Space - Parking Space slope ParkmV iat.Parlutg Space:Parlay Finrirrg Srya The surface of the accessible Parking space has aslope allowed. greater than iiw On-Site Finding 3.60 percent Recommendation Pave the parking lot to Provide a level surface. Recommended Up to 2.00 percent Costing Infornratioo aMkwS ADAAG 4-6.3,car 112% Multiple Repave surface to correct slope andrestripe.... $2,900 Reporting. Notes : There Is No SOlage Stating$250 Fine Formats Parking - Exterior Parling Lot, Parking Space Lot Near The Adttyfis[ration office Right Accessible Space.. Parking Space Accessible Sngnage Hoot Pa Parking; Pace: Parlury fleiglet The bottom edge of the post- mounted sngnage designating the accessible Panning space is not at the required height Orr Site Finding 78.25 inches .Recommendation Modify the height or replace the post masted signage designating the accessible parking space.The sign shah be located so that it.. carrot be obscured by a vehicle parked in the space.. Recommended Atl least 80.o0 inches Costing Llfornsuthm C4115 c AOAAG 4.6.4,CA 1129e Modify or replace post mounted sign. $158 -Notes : There Is No Signage Statnq$2S0 Fine MC BM - - 1-.2 3 4 5. > Rext2l of fadkyt Anthorry Dorsa Elementary' - BACr to tht ReShOOM _A Wmg : Racroom r Door Easy to use DACTrak software s1rbffr °°"'New al to manage no Door and FhWIng implement Restroom Door Sig a e : No Door Sig a e There is rho.gender.use:ire on dhe entrance door. your accessibility plan On Site Find": None Found 1�71�1110e1 Post gender use signage on the center of the door at the required height. Recommended: See Above Provide compliant MWAge. f 158.00 CA 11158.5 1 2 of 7 Pnonty Projected Date of ComPletion 1O/30/201O Progress Not started . Actual Dace of completion Resolution select ckhe Actual cost New comment 1 2 3 4 5 > Next 2 of 7 dab o>sobnayr Aoctss cowraRi, inc: Powered By DACTrak .. � .r .., ... .. ,... .. ... .. � �:+ uvervvvvvCJtJV► � � � � � � �' � 11 � � � 1 � � � � � i Please select the filter criteria and click"Generate list-to view the deficiencies you are able to erit. Clients: Alum Rock Union Elementary School District Projects Elementary Schools a Anthony Dorsa Hementary - -- = t1trr19s Administration Building Categories: Restrooms Element Description Finding Projected Actual Program CornpleVion Date Covalpletion ❑Unisex Staff Restroom The Title 24 gender use signage on the entrance door is not mounted NotDate Near The Library at 60 Inches above the finished floor. SO/30/2Q10 Unisex Staff Restroom The signage is not mounted at the required height. Started Near The Library Not 10/30/2010 ElUnisex Staff Restroom The bottom edge of the reflective'surface of the mirror is not at the Ntotrted Near The Library correct height: 10/30/2010 ElUnisex Staff Restroom The distance from the back wall to the front of the grab bar Is less Notrt� Near The Library than 54 inches. 10/30/2010 O:Unisex Staff Restroom The distance from the center of the toilet to the nearest side wall does Notrted Near The Library not meet the required distance. 10/30/2010 O Unisex Staff;Restroorn The toilet is not located in a s P Started Near The Libra pace which imams the minimum Not 10/30/2010 Library required distance from 0 fixture or the minimum required clear space Started from a wall at the wide side. ©Unisex Staff Restroom The knee clearance space under the lavatory Is less than the required :Not 10/30/2010 Near The Library minimum height. O Unisex Staff Restroom The lavatory does not meet the minimum required distance to the Started Near The Library centerline of the fixture,:when located adjacent to a side wall or Started 10/30/2010 partition; In Nurse's Office Restroom There is no gender use signage on the entrance door. Not 10/30/2010 ID Nurse's Office Restroom There Is no signage indicating accessibility on the latch side of the Notrted entry door of the restroom. 10/30/2010 J Sta Nurse's,Office Restroom The bottom:edge of the reflective surface of the mirror in the restroom,Nottted Is greater than allowed maximum for the primary age group. 10/30/2010 El Nurse's Office Restroom The reach range of operable h ry g g p' Started parts d the seat height fo the in Not 10/30/2010 the restroom is greater than;the allowed maximum height for the Started primary,age group, Select items and document progress and completion dates Element Description Finding Actual ProjectedCompleti Date E7 Room K2 The vertical clearance height of the door is less than 80 inches. Date Not 10/30/2010 ElRoom K2 The door closing device limits the required headroom clearance. Started Not 10/30/2010 I7 Room K2 There is no level landing at this door. Started Not 10/30/2010 © Room K1 The door closing device limits the required headroom clearance. Started Not 10/30/2010 U Room KI The vertical clearance height of the door is less than 80 inches. Started Not 10/30/2010 El Started door. Room Ki There is less than the required Latch side clearance on the push side of the Not 10/30/2010 Started fl Room K1 The bottom of the door does not provide a smooth,uninterrupted surface,or Not panel to allow the door to be opened by a wheelchair footrest without creating Started 10/30/2010 a trap or hazardous condition. I]Room K3 The door Closing device limits the required headroom clearance. Not 10/30/2010 ElRoom K3 The vertical clearance height of the door is less than 80 inches. Started .Not 10/30/2010 ElStaRoom K3 The bottom of the door does not provide a smooth,uninterrupted surface,or Noted panel to allow the door to be opened by a wheelchair footrest without creating Started 10/30/2010 a trap or hazardous condition: fl Restroom In K2 The vertical clearance height of the door is less than 80 inches. Not 10/30/2010' o Restroom In K1 The vertical clearance height of the door is less than 80 inches. Started _ Not 10/30/2010 ©Restroom In K3 The vertical clearance height of the door Is less than 80 inches. Started Not 10/30/2010 U Restroom In K3 There is less than 18 inches of latch side clearance on the pull side of the Started P Not 10/30/2010 Projected ® select deficiencies frown the list above,and enter new valuesbebw. Date: To erase avalue,leave the field blade and Actual Date Progress:I rtot staftd Resolution: in Proprecs °"Oft "" Powr,red BY DACTMk DACTrak • Data acquisition • Photographs ❑ Federal and state accessibility codes • Rapid & accurate results with short turn time ❑ Data Management ❑ Custom report styles —developed by DAC • Document progress o Web based interactive software • Secure website • High level of data security • Strict confidentiality procedures Software and Hardware ❑ NO need to purchase hardware or software ❑ Hosted by DAC o No cost to the city for 3 years ❑ If the City wants to license DACTrak after 3 years to continue to manage the ADA plan, the cost is $ 1,000 per year total cost (no individual licenses needed) Why Hire DAC ? 1. Experience and knowledge z, Integrity and Quality 3. DACTrak software —easy to manage and implement plan & GREEN 4. Consistent, reliable and comprehensive inspections with DACTra k 5. Word of mouth —our clients refer clients 6. Staff stability and training 7. Continuum of services & cost saving options 8. No claims record 'since we have been in business .. .. .. . .� v4rvvvtvVVt.IS/ 11dfIV/ � �I � � WWWWWWWWWWWWW1 Team Performance o Track record of on time performance o Contract completion within budgets ❑ No lawsuits or litigation ❑ Understands strengths, needs and culture of public entities Continuum of Services • Self-Evaluations ❑ ADA & Section 504 Plans ❑ Transition/Barrier Removal Plans ❑ Consultation ❑ Plan reviews • Expert Witness ❑ Staff Development vvvUvWVWWWWWWWWWWWW ® Wl � � � 1 Experience Over 10,000 Inspections Hundreds of Self-Evaluations Public Entities: City and County Governments School Districts Parks and Recreation Other — Water Districts, California Fairs Federal Government: Department of the Interior US Fish and Wildlife Public Accommodations: Ongoing contracts with fast food restaurant chains, hotels and stores Assist Public Entities to Comply with DOJ and Court Ordered Agreements %a VC' Y V W S W . W -W IP . - . - • •"-. • ® , Staff DAC Stable Staff with Longevity Founded 14 years ago by Barbara Thorpe Mike Boga-Inspection Team Leader and Trainer (12 years) Candice Pursch, Accessibility Specialist-inspector (7 years) Jeff Eubank, Accessibility Specialist Inspector (6years) Jennie Grover, Director of Operations (5 years) Srikant Talasila, IT Director (4 years) Employees have background checks, are fingerprinted (FBI and DOJ') and are drug tested Claims Record DAC has a no claims record since the start of the business in 1998, including: Workers' compensation Professional liability General liability Auto liability Our firm has not been debarred, suspended or declared ineligible to contract with an federal, state or local agency. - - - - - - -- � � I v v \v v v \! \/ \J \/ \/ \/ \J \! \J V/ {p/ V� itl► .' Business Philosophy and Practice DAC does not engage in work or practices that oppose public entities or businesses DAC has never provided services to oppose a public entity or assisted the plaintiff to oppose a public entity On-time, quality, easy to manage deliverables Comprehensive Site Inspections • Public right of way ❑ Parking • Curbs & Curb ramps ❑ Entrances ❑ Passenger Loading Zones • Crosswalks • Path of Travel ❑ Ramps • Elevators • Platform Lifts ❑ Sta i rs Inspections, continue d . . . . • Doors ❑ Door hardware • Visual & Audible Communications ❑ Restrooms ❑ Drinking Fountains o Common use areal ❑ Locker Rooms ❑ Stadiums, playgrounds, outdoor areas o Areas of Rescue Assistance' • Etc, Knowledge of Federal & State Standards o ADAAG (ADA Standards) ❑ 2010 ADA Standards o 2010 ADA-ABA Standards ❑ Outdoor Developed Standards ❑ Playground Accessibility Standards o Federal Public Rights-of-Way Guidelines ❑ Federal Highway California Edition of the Manual on Uniform Traffic Control (MUTCD) o California Building Code -Title 24 Standard that provides the greater level of accessibility Outdoor Developed Are as eas ❑ Certified Playground yg d Safety Inspectors ❑ 2010 ADA Standards ❑ Trails ❑ Outdoor Constructed Features • Playgrounds • Pools ❑ Recreation Areas - - - .. r. ... ,., .., ..,- ... vvvv .✓ vvVVVVVEirW � �► � � # # 7 # # #� # # # # # # ® Staff Development DAC believes that staff development and training regarding Federal and State Standards is important to empower our clients to understand and apply the compliant standards — "Do it Right the 15t Time" US Fish and Wildlife - Outdoor Standards ADA Center — 2010 Standards and use of DACTrak intake and management software �• �. v v Y \I V V \/ �/ V V V V V `� V 'V V v V V V V � � � � -, ! � � � i What is the ADA? ? ? Top 8 Answers ❑ American Dental Association o Air Defense Artillery ❑ Average Daily Attendance ❑ American Dodgeball Association ❑ Always Doing Alterations ❑ Attorney's Dream Account • Another Darn Attorney o And the #1 answer is....... AMERICANS WITH DISABILITIES ACT 1 �ry i y �• Y e i e s 31 s,. -4t sai 1 r- u, iAAdbAAAaa AAbaaAh9& Ak^% nnrtinnnr ,- x � � PoY csY � "rs. -fir aq :r� � 3 Y y A i aaAb• AAAAA • AAaaaaaaar^► i� �, nnr^, r�, E, ,-, ., ', ,, ,: .. .. F y$ .M...*'".,uA, r ��g'' +}++, .... � �' y �•.ee,.,,airs h§ k • � ry tl u a •� fl ' Wp�, �� yWy� .... .. ^1t �t Iv — � . y \� . � dMl � . / NO - - _ -- .. ... ... ... .., .. � ., .� .�. � � �► �, v �rwwwwww � ww:w +� w� � �rs � � s ® � Thank you for the opportunity to present our Accessibility Services Barbara Thorpe, Project Manager Michael Boga, Facilities Team Leader EXHIBIT "D" SCHEDULE OF COMPENSATION With the exception of compensation for Additional Services, provided for in Section 1.8 of this Agreement, the maximum total compensation to be paid to Consultant under this Agreement is One Hundred Sixty One Thousand Five Hundred Dollars ($161,500) ("Contract Sum"). Progress billing shall be submitted monthly based on services performed and in an amount identified in Consultant's Schedule of Performance attached hereto for the work tasks performed and properly invoiced by Consultant in conformance with Section 2.2 of the Agreement. Payment terms are Net 30 days from receipt of an approved valid invoice after services have been rendered. 720669.1 Revised Cost Proposal with Public Rights-of-Wav City of Palm Springs April 16,2012 Americans with Disabilities Act(ADA)Access Consultant Services (SOQ 08-12) The TOTAL COST for the scope of services described in the Statement of Qualifications#08-12,the services and DACTrak software described in the response to the SOQ and the inspection of the facilities and sites listed in Attachment"B" is$119,500. A proposed cost for the inspection of 80 intersections is$16,000. This cost is based upon a discounted price of$200.00 per intersection. The intersection inspection would include components of an intersection for accessibility, including pedestrian ramps on all corners (width, slope,side flares,grooved borders,truncated domes,alignment with the crosswalk), accessible pedestrian signals,traffic stop bars and street furniture. As the City has not finalized the miles of sidewalks at the time of this proposal, DAC proposes a not to exceed cost of$26,000. Sidewalk inspections include the width,cross slope, running slope,changes in elevation greater than Y4 inch and changes in elevation that are not beveled up to Y2 inch, obstructions in the sidewalk that obstruct or narrow the path of travel, such as protruding objects and items that narrow the required width and street furniture. DAC can also provide training to City staff to complete the inspections of sidewalks and intersections, provide pc tablets and/or slates furnished by DAC for use by the City during inspections and provide a license to the City at no cost to upload and process reports and access to the DACTrak accessibility management system. The total cost is$161,500.The cost reflected is the TOTAL COST for the above services and software and includes the licensure of the DACTrak Accessibility Management Software for a period of three years after the completion of the survey for NO COST. If the City desires to continue to use the DACTrak Accessibility Management Software after 3 years, it is available at a total cost of$1,000 per year total cost(not by individual license). The licensure fee includes data storage, updates and usage of DACTrak. There are no other costs associated with the current scope of work or services. Most City and County governments request a total cost proposal to include all expenses. If the City requests an hourly proposal plus expenses, DAC can calculate the proposed costs using this method. If the City requests additional services such as plan reviews, expert witness services or additional inspections,costs can be calculated at an hourly rate or an additional total cost proposal. Submitted by: Barbara Thorpe, President Disability Access Consultants(800)743-7067 bthorpeCddac-corp.com 720669.1 Scope of Services Americans with Disabilities Act (ADA) Access Consultant Services City of Palm Springs June 2012 Team Member Task/Activity Total Rate Cost Hours Project Manager Meetings with City staff, coordination of 84 120 10,080 tasks, staff training Director of Schedule sites, coordination with project 48 65 3,120 Operations manager and team leaders, project u dates Facility Inspection Coordination of inspection team, 110 95 10,450 Team Leader training, quality control of field inspections Facility Facility inspections of buildings, parks 1612 75 120,900 Ins ectors and public right-of ways Policies and Evaluation of policies, procedures, 65 120 7,800 Procedures alternate formats, communication, public Specialist input and public outreach Information Prepare DACTrak software, deliver 15 No 0 Specialist software, DACTrak training charge Report editors Quality Assurance 80 80 6,400 and Quality Control Clerical Production, printing 50 55 2,750 Assistance TOTAL $161,500 720669.1 EXHIBIT "E" SCHEDULE OF PERFORMANCE (On following page) 720669.1 I Project Schedule Scope of Services and Estimated Timelines ADA Transition Plan and Self Evaluation It is estimated that the project activities, including public input, is 5-6 months. Activities can be completed sooner depending upon the start date of the public input process and whether the public input process is done concurrently with the site inspections or after the site inspections. The addition of the sidewalks and intersections added approximately one month to the previously projected timelines from 4-5 months to 5-6 months. Additional staff would be allocated to complete all project activities within the 6 month period of time. Scope of Service—Activity or Task 1 2 3 4 S 6 DAC Team Meeting with City of Palm Springs; kick- off meeting Project Planning,Scheduling, Procedures Review Review of Policies,Procedures and Practices; analysis of existing plan Draft Self-Evaluation of services, policies, programs and practices Inspections of Buildings and Parks inspections of Sidewalks and Intersections Reports Developed and Edited Draft reports available for review and comments Public input process Draft prioritized self-evaluation and transition plan reports with public input DACTrak Software Development and software training Acceptance of Project Deliverables