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Home My WebLink AboutItem No. 13 - MOU CJPIA & City of Lake ElsinoreCity Council Agenda Report City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 21-323 Agenda Date: 9/14/2021 Status: Approval FinalVersion: 1 File Type: Council Consent Calendar In Control: City Council / Successor Agency Agenda Number: 13) Memorandum of Understanding between California Joint Powers Insurance Authority (CJPIA) and the City of Lake Elsinore Approve and authorize the City Manager to execute the Memorandum of Understanding (MOU) between the California Joint Powers Insurance Authority (CJPIA) and the City of Lake Elsinore for ADA compliance evaluations in the amount of $253,000 in such final form as approved by the City Attorney. Page 1 City of Lake Elsinore Printed on 9/9/2021 REPORT TO CITY COUNCIL To: Honorable Mayor and Members of the City Council From: Jason Simpson, City Manager Prepared by: Rick De Santiago, Public Works Manager Date: September 14, 2021 Subject: Memorandum of Understanding between California Joint Powers Insurance Authority (CJPIA) and the City of Lake Elsinore Recommendations Approve and authorize the City Manager to execute a Memorandum of Understanding (MOU) between the California Joint Powers Insurance Authority (CJPIA) and the City of Lake Elsinore for ADA compliance evaluations in the amount of $253,000 in substantially the form attached and in such final form as approved by the City Attorney. Background As a member of the CJPIA, the City can receive a technical risk evaluation and transition plan to satisfy Americans with Disabilities Act (ADA) State of California Title II requirements. These evaluations are key to maintaining compliance with ADA, Title 24, disability-related, and nondiscrimination laws and regulations. Recent inquires of enforcement activities by DOJ, CalTrans, and HUD have shown that cities without current plans in place can be at risk of losing or not receiving state and federal pass-through funding. Disability Access Consultants (DAC) have contracted with the CJPIA to perform ADA Self- Evaluation and Transition Plan work for all of the members in the CJPIA. DAC services are extensive and qualifications impressive. They are considered leaders in the area of ADA accessibility and largely Title 24 of the California Building Code. Discussion DAC’s work effort will include the inspection, evaluation, and reporting to identify potential barriers in the city-owned buildings, parks, parking lots, and public right-of-way. Through inspection, DAC will identify barriers or potential barriers under applicable Federal and State accessibility standards and regulations. Also, DAC will assist the City in developing a schedule of barrier removal over time cost-effectively and realistically, using programmatic solutions. DAC will work closely and collaboratively with the City staff to complete the project activities. A benefit to this MOU is the detailed documentation of noncompliance and accessibility items or elements. DAC will photograph, number index for reference, estimate a cost and provide other Memorandum of Understanding with CJPIA September 14, 2021 Page 2 information to assist with the implementation of the transition plan to resolve accessibility issues. To provide for improved management of the transition plan and documentation of compliance efforts, DAC’s software will be used to manage and update the accessibility plan, costs estimates, and project progress. This effort will be executed in two phases. Detailed activities and deliverables will be provided in Phase One (Study and Evaluation – Self – Evaluation/Facility Survey/ Barrier Assessment. Phase Two will include an Implementation Phase (Transition Plan Development). At the conclusion, the City will receive a comprehensive ADA Self-Evaluation and Transition Plan for all facilities, buildings, public right-of-way, parks, and parking lots. DAC will provide the City with DACTrak, accessibility management software, and a web-based monitoring/tracking and management system. The system allows the City to perform the following essential items:  Review and update progress in the barrier removal, and generate program management reports to document progress.  Provide correlation with collected field data, reports, transition plans, drawing, code reference, estimated costs, photographs of noncompliance accessibility items or elements.  Reference Maps for GIS information and linked mapping for each item.  Provide a description, location, and record number for each barrier that allows the City to access the information and location.  Provide training to staff on the ADA Compliance for both programmatic and administrative, facility management, and maintenance. Following the approval of this agenda item work and execution of the attached MOU, DAC services will be immediately scheduled and work started at the earliest opportunity. Fiscal Impact Funds are budgeted in the Fiscal Year 2021/22 budget. Exhibits A – DAC Agreement Signed B - DAC Agreement Addendum Signed C - Proposal D - Guidelines E - MOU PROFESSIONALSERVICESAGREEMENTTHISAGREEMENTforProfessionalServices(“Agreement”)ismadethisdayofMarch14,2017(“EffectiveDate”)byandbetweentheCaliforniaJointPowersInsuranceAuthority(“Authority”)andDisabilityAccessConsultants(“Consultant”)(togethersometimesreferredtothe“Parties”).Section1.SERVICES.SubjecttothetenusandconditionssetforthinthisAgreement,ConsultantshallprovidetoAuthoritytheservicesdescribedintheScopeofWorkattachedasExhibitA,andincorporatedhere.SuchworkshallbeprovidedatthetimeandplaceandinthemannerspecifiedinExhibitA.IntheeventofaconflictinorinconsistencybetweenthetermsofthisAgreementandExhibitA,thisAgreementshallprevail.1.1TermofServices.ThetermofthisAgreementshallbeginontheEffectiveDateandshallendonJune30.2018.ConsultantshallcompletetheworkdescribedinExhibitApriortothatdate,unlessthetermoftheAgreementisothenviseterminatedorextendedasprovidedforinSection8.ThetimeprovidedtoConsultanttocompletetheservicesrequiredbythisAgreementshallnotaffecttheAuthority’srighttoterminatetheAgreement,asprovidedforinSection8.1.2StandardofPerformance.ConsultantshallperformallservicesrequiredpursuanttothisAgreementinthemannerandaccordingtothestandardsobservedbyacompetentpractitionerincludingthenecessaryexpertiseorknowledgeoftheprofessioninwhichConsultantisengagedinthegeographicalareainwhichConsultantpracticesitsprofessionandtothesolesatisfactionoftheprojectrepresentative.1.3AssignmentofPersonnel.ConsultantshallassignonlycompetentpersonneltoperformservicespursuanttoAgreement.IntheeventthatAuthority,initssolediscretion,atanytimeduringthetermofthisAgreement,desiresthereassignmentofanysuchpersons,Consultantshall,immediatelyuponreceivingnoticefromAuthorityofsuchdesireofAuthority,reassignsuchpersonorpersons.1.4Time.ConsultantshalldevotesuchtimetotheperformanceofservicespursuanttothisAgreementasmaybereasonablynecessarytosatisfyConsultant’sobligationshereunder.1.5AuthorizationtoPerformServices.TheConsultantisnotauthorizedtoperformanyservicesorincuranycostswhatsoeverunderthetermsofthisAgreementuntilreceiptofauthorizationfromtheAuthority’sprojectrepresentative.1.6EligibleRecipientsofServices.AuthoritymemberswillreceiveafundingallowancetowardADAassistancelevelservicesasoutlinedunderthescopeofthisagreement.AdditionalservicesoutsideoftheADAassistancelevelservicesshallbeattheagreeduponhourlyrateof$98perconsultant.AllmembersoftheAuthorityareeligible,includingbutnotlimitedto:3/14/17FINALDAC/JPIAPage1 CityofAgouraHills,AgouraHills/CalabasasCommunityCenter,CityofAlisoViejo,TownofAppleValley,AreaBDisasterManagement,AreaEDisasterManagement,CityofArroyoGrande,CityofArtesia,CityofAtascadero,CityofAzusa,CityofBellGardens,CityofBeilfiower,BigBearCityCommunityServicesDistrict,BigBearFireAuthority,CityofBigBearLake,CityofBishop,BlackGoldCooperativeLibrarySystem,CityofBradbury,CityofBrawley,CityofBueliton,CityofCalabasas,CityofCamarillo,CityofCarpinteria,CityofCerritos,CityofChinoHills,CityofClaremont,CoachellaValleyAssociationofGovernments,CoachellaValleyConservationCommission,CoastalAnimalServicesAuthority,CityofCommerce,CityofDanaPoint,DesertRecreationDistrict,CityofDiamondBar,CityofDuarte,EasternSierraTransportationAuthority,CityofElCentro,CityofFillmore,CityofFountainValley,GatewayCitiesCouncilofGovernments,CityofGoleta,CityofGrandTerrace,CityofGroverBeach,CityofGuadalupe,CityofHawaiianGardens,CityofHiddenHills,CityofImperial,CityofIndianWells,CityofIndio,CityofIrwindale,CityofLaCanadaFlintridge,CityofLaHabraHeights,LAIMPACT,CityofLaMirada,CityofLaPalma,CityofLaPuente,CityofLaQuinta,CityofLaVerne,CityofLagunaNiguel,CityofLagunaWoods,CityofLakeElsinore,CityofLakeForest,CityofLakewood,LA-RICS,CityofLawndale,CityofLomaLinda,CityofLomita,CityofMalibu,TownofMammothLakes,MidpeninsulaRegionalOpenSpaceDistrict,CityofMissionViejo,CityofMonrovia,MontereyPeninsulaRegionalParkDistrict,CityofMoorpark,CityofMorroBay,MountainAreaRegionalTransportationAuthority,CityofNeedles,CityofNorwalk,CityofOjai,OrangeCountyCouncilofGovernments,CityofPalmDesert,CityofPalosVerdesEstates,PalosVerdesPeninsulaTransitAuthority,CityofParamount,CityofPasoRobles,CityofPicoRivera,CityofPismoBeach,PomonaValleyTransportationAuthority,CityofPortHueneme,CityofPoway,CityofRanchoPalosVerdes,CityofRollingHills,CityofRollingHillsEstates,CityofRosemead,CityofSanClemente,CityofSanDimas,CityofSanGabriel,CityofSanJuanCapistrano,CityofSanLuisObispo,CityofSanMarcos,CityofSanMarino,CityofSantaFeSprings,CityofSantaPaula,CityofSealBeach,CityofSeaside,SeasideCountySanitation,CityofSierraMadre,CityofSignalHill,CityofSolvang,CityofSouthElMonte,SoutheastAreaAnimalControlAuthority,SouthernCaliforniaAssociationofGovernments,CityofTempleCity,VenturaPortDistrict,CityofVillaPark,CityofWalnut,WestCitiesPoliceCommunicationCenter,CityofWestlakeVillage.Section2.COMPENSATION.AuthorityherebyagreestopayConsultantinaccordancewiththepaymentscheduleassetforthinExhibitB,attachedheretoandincorporatedhereinbyreferenceasthoughsetforthinfull,baseduponworkcompleted,asdefinedinExhibitA.IntheeventofaconflictbetweenthisAgreementandExhibitA,regardingtheamountofcompensation,thisAgreementshallprevail.AuthorityshallpayConsultantforservicesrenderedpursuanttothisAgreementatthetimeandinthemannersetforthherein.ThepaymentsspecifiedbelowshallbetheonlypaymentsfromAuthoritytoConsultantforservicesrenderedpursuanttothisAgreement.ConsultantshallsubmitallinvoicestoAuthorityinthemannerspecifiedherein.ExceptasspecificallyauthorizedinadvancebyAuthority,ConsultantshallnotbillAuthorityforduplicateservicesperformedbymorethanoneperson.3/14/17FINALDAC/JPIAPage2 2.1Invoices.ConsultantshallsubmitinvoicesduringthetermofthisAgreement,basedontheworkcompleted,andwithin30days.Allworkbilledshallbeonapermemberbasis,withanitemizeddetailofset-vicesperformed.2.2Payment.Authorityshallmakemonthlypayments,basedoninvoicesreceived,forservicessatisfactorilyperformed,andforauthorizedreimbursablecostsincutTed.Authorityshallhave30daysfromthereceiptofaninvoicethatcomplieswithalloftherequirementsabovetopayConsultant.2.3TotalPayment.AuthorityshallnotpayanyadditionalsumforanyexpenseorcostwhatsoeverincurredbyConsultantinrenderingservicespursuanttothisAgreement.Authorityshallmakenopaymentforanyextra,further,oradditionalservicepursuanttothisAgreement.2.4PaymentofTaxes.ConsultantissolelyresponsibleforthepaymentofemploymenttaxesincurredunderthisAgreementandanyfederalorstatetaxes.2.5PaymentuponTermination.IntheeventthattheAuthorityorConsultanttetminatesthisAgreementpursuanttoSection8,theAuthorityshaltcompensatetheConsultantforalloutstandingcostsandreimbursableexpensesincurredforworksatisfactorilycompletedasofthedateofwrittennoticeoftermination.Consultantshallmaintainadequatelogsandtimesheetsinordertoverifycostsincurredtothatdate.Section3.EQUIP1tIENT.Exceptasotherwiseprovided,Consultantshall,atitssolecostandexpense,provideallsuppliesandequipmentnecessarytoperformtheservicesrequiredbythisAgreement.Section4.INSURANCEREQUIREMENTS.WithoutlimitingConsultant’sindemnificationofAuthority,andpriortocommencementofWork,Consultantshallobtain,provideandmaintainatitsownexpenseduringthetermofthisAgreement,policiesofinsuranceofthetypeandamountsdescribedbelowandinaformsatisfactorytoAuthority.4.1GeneralLiabilityInsurance.ConsultantshallmaintaincommercialgeneralliabilityinsurancewithcoverageatleastasbroadasInsuranceServicesOfficeformCG0001,inanamountnotlessthan$1,000,000peroccurrence,$2,000,000generalaggregate,forbodilyinjury,personalinjury,andpropertydamage.Thepolicymustincludecontractualliabilitythathasnotbeenamended.Anyendorsementrestrictingstandard[SO“insuredcontract”languagewillnotbeaccepted.4.2AutomobileLiabilityInsurance.ConsultantshallmaintainautomobileinsuranceatleastasbroadasInsuranceServicesOfticeformCA0001coveringbodilyinjuryandpropertydamageforatlactivitiesoftheConsultantarisingoutoforinconnectionwithWorktobeperformedunderthisAgreement,includingcoverageforanyowned,hired,non-ownedorrentedvehicles,inanamountnotlessthanS1.000,000combinedsinglelimitforeachaccident.3/14/17FINALDAC/JPIAPage3 4.3ProfessionalLiabiLity(Errors&Omissions)Insurance.ConsultantshallmaintainprofessionalliabilityinsurancethatcoverstheServicestobeperformedinconnectionwiththisAgreement,intheminimumamountof$l,000,000perclaimandintheaggregate.Anypolicyinceptiondate,continuitydate,orretroactivedatemustbebeforetheeffectivedateofthisagreementandConsultantagreestomaintaincontinuouscoveragethroughaperiodnolessthanthreeyearsaftercompletionoftheservicesrequiredbythisagreement.4.4Workers’CompensationInsurance.ConsultantshallmaintainWorkers’CompensationInsurance(StatutoryLimits)andEmployer’sLiabilityInsurance(withlimitsofatleast$1,000,000).4.5ProofofInsurance.ConsultantshallprovidecertificatesofinsurancetoAuthorityasevidenceoftheinsurancecoveragerequiredherein,alongwithawaiverofsubrogationendorsementforworkets’compensation.InsurancecertificatesandendorsementsmustbeapprovedbyAuthoi-ity’sriskmanagerpriortocommencementofperfonnance.CurrentcertificationofinsuranceshallbekeptonfilewithAuthorityatalltimesduringthetermofthiscontract.Authorityreservestherighttorequirecomplete,certifiedcopiesofallrequiredinsurancepolicies,atanytime.4.6DurationofCoverage.Consultantshallprocureandmaintainforthedurationofthecontractinsuranceagainstclaimsforinjuriestopersonsordamagestoproperty,whichmayarisefromorinconnectionwiththeperformanceoftheworkhereunderbyConsultant,itsagents,representatives,employeesorsub-consultants.4.7Primary/Noncontributing.CoverageprovidedbyConsultantshallbeprimaryandanyinsuranceoi-self-insuranceprocuredormaintainedbyAuthorityshallnotberequiredtocontributewithit.Thelimitsofinsurancerequiredhereinmaybesatisfiedbyacombinationofprimaryandumbrellaorexcessinsurance.Anyumbrellaorexcessinsuranceshallcontainorbeendorsedtocontainaprovisionthatsuchcoverageshallalsoapplyonaprimaryandnon-contributorybasisforthebenefitofAuthoritybeforetheAuthority’sowninsuranceorself-insuranceshallbecalledupontoprotectitasanamedinsured.4.8Authority’sRightsofEnforcement.IntheeventanypolicyofinsurancerequiredunderthisAgreementdoesnotcomplywiththesespecificationsoriscanceledandnotreplaced,AuthorityhastherighthutnotthedutytoobtaintheinsuranceitdeemsnecessaryandanypremiumpaidbyAuthoritytvillbepromptlyreimbursedbyConsultantorAuthoritywillwithholdamountssufficienttopaypremiumfiornConsultantpayments.Inthealternative,AuthoritymaycancelthisAgreement.4.9AcceptableInsurers.AllinsurancepoliciesshallbeissuedbyaninsurancecompanycurrentlyauthorizedbytheInsuranceCommissionertotransactbusinessofinsuranceorisontheListofApprovedSurplusLineinsurersintheStateofCalifornia,withanassignedpolicyholders’RatingofA-(orhigher)andFinancialSizeCategoryClassVI3/14/17FINALDAC/JPIAPage4 (orlarger)inaccordancewiththelatesteditionofBest’sKeyRatingGuide,unlessotherwiseapprovedbytheAuthority’sriskmanager.4.10WaiverofSubrogation.AllinsurancecoveragemaintainedorprocuredpursuanttothisagreementshallbeendorsedtowaivesubrogationagainstAuthority,itselectedorappointedofficers,agents,officials,employeesandvolunteersorshallspecificallyallowConsultantorothersprovidinginsuranceevidenceincompliancewiththesespecificationstowaivetheirrightofrecoverypriortoaloss.ConsultantherebywaivesitsownrightofrecoveryagainstAuthority,andshallrequiresimilarwrittenexpresswaiversandinsuranceclausesfromeachofitssub-consultants.4.11EnforcementofContractProvisions(NonEstoppel).ConsultantacknowledgesandagreesthatanyactualorallegedfailureonthepartoftheAuthoritytoinformConsultantofnon-compliancewithanyrequirementimposesnoadditionalobligationsontheAuthoritynordoesitwaiveanyrightshereunder.4.12RequirementsNotLimiting.RequirementsofspecificcoveragefeaturesorlimitscontainedinthisSectionarenotintendedasalimitationoncoverage,limitsorotherrequirements,orawaiverofanycoveragenormallyprovidedbyanyinsurance.Specificreferencetoagivencoveragefeatureisforpurposesofclarificationonlyasitpertainstoagivenissueandisnotintendedbyanypartyorinsuredtobeallinclusive,ortotheexclusionofothercoverage,orawaiverofanytype.IftheConsultantmaintainshigherlimitsthantheminimumsshownabove,theAuthorityrequiresandshallbeentitledtocoverageforthehigherlimitsmaintainedbytheConsultant.AnyavailableinsuranceproceedsinexcessofthespecifiedminimumlimitsofinsuranceandcoverageshallbeavailabletotheAuthority.4.13NoticeofCancellation.ConsultantagreestoobligeitsinsuranceagentorbrokerandinsurerstoprovidetoAuthoritywithathirty(30)daynoticeofcancellation(exceptfornonpaymentforwhichaten(10)daynoticeisrequired)ornonrenewalofcoverageforeachreqtLiredcoverage.4.14AdditionalInsuredStatus.GeneralliabilitypoliciesshallprovideorbeendorsedtoprovidethatAuthorityanditsofficers,officials,employees,agents,volunteers,andmembersshallbeadditionalinsuredsundersuchpolicies.Thisprovisionshallalsoapplytoanyexcess/umbrellaliabilitypolicies.4.15ProhibitionofUndisclosedCoverageLimitations.NoneofthecoveragesrequiredhereinwillbeincompliancewiththeserequirementsiftheyincludeanylimitingendorsementofanykindthathasnotbeenfirstsubmittedtoAuthorityandapprovedofinwriting.4.16SeparationofInsureds.AseverabilityofinterestsprovisionmustapplyforalladditionalinsuredsensuringthatConsultant’sinsuranceshallapplyseparatelytoeachinsuredagainstwhomclaimismadeorsuitisbrought,exceptwithrespecttothe3/14/17FINALDAC/JPIAPage5 insurer’slimitsofliability.Thepolicy/policiesshallnotcontainanycross-liabilityexcicLSIOfl5.4.17PassThroughClause.Consultantagreestoensurethatitssub-consultants,subcontractors,andanyotherpartyinvolvedwiththeprojectwhoisbroughtontoorinvolvedintheprojectbyConsultant,providethesameminimuminsurancecoverageandendorsementsrequiredofConsultant.Consultantagreestomonitorandreviewallsuchcoverageandassumesallresponsibilityforensuringthatsuchcoverageisprovidedinconformitywiththerequirementsofthissection.Consultantagreesthatuponrequest,allagreementswithconsultants,subcontractors,andothersengagedintheprojectwillbesubmittedtoAuthorityforreview.4.18Authority’sRighttoReviseSpecifications.TheAuthorityreservestherightatanytimeduringthetermofthecontracttochangetheamountsandtypesofinsurancerequiredbygivingtheConsultantninety(90)daysadvancewrittennoticeofsuchchange.IfsuchchangeresultsinsubstantialadditionalcosttotheConsultant,theAuthorityandConsultantmayrenegotiateConsttltant’scompensation.4.19Self-InsuredRetentions.Anyself-insuredretentionsmustbedeclaredtoandapprovedbyAuthority.Authorityreservestherighttorequirethatself-insuredretentionsbeeliminated,lowered,orreplacedbyadeductible.Self-insurancewillnotbeconsideredtocomplywiththesespecificationsunlessapprovedbyAuthority.4.20TimelyNoticeofClaims.ConsultantshallgiveAuthoritypromptandtimelynoticeofclaimsmadeorsuitsinstitutedthatariseotttoforresultfromConsultant’sperformanceunderthisAgreement,andthatinvolveormayinvolvecoverageunderanyoftherequiredliabilitypolicies.4.21AdditionalInsurance.Consultantshallalsoprocureandmaintain,atitsowncostandexpense,anyadditionalkindsofinsurance,whichinitsownjudgmentmaybenecessaryforitsproperprotectionandprosecutionofthework.Section5.INDEMNIFICATIONConsultantshallindemnify,defendwithcounselacceptabletoAuthorityandholdharmlesstheAuthorityanditsofficials,officers,employees,agents,members,andauthorizedvolunteersfromandagainstanyandalllosses,liabilities,claims,suits,actions,arbitrationproceedings,administrativeproceedings,regulatoryproceedings,damagesandexpensesofanykind,whetheractualorthreatened,(includingbutnotlimitedtoattorneys’feesandcosts,courtcosts,interestdefensecosts,andexpertwitnessfees)wherethesameariseoutofareaconsequenceoforareinanywayattributableto,inwholeorinpart,theperformanceofthisAgreement(orthefailuretoperform)byConsultantorbyanyindividualorentityforwhichConsultantislegallyliable,includingbutnotlimitedtoofficers,agents,employeesorsubcontractorsofConsultant.Suchindemnification,defenseandholdharmlessextendtoConsultant’sprovision,use,transportandstorageofhazardousmaterials,asthosecommonlyaredefinedunderstateandfederallawsandregulations.3/14/17FINALDAC/JPIAPage6 TheforegoingobligationofConsultantshallnotapplywhen(1)theinjury,lossoflife,damagetopropertyorviolationoflawariseswhollyfromthenegligenceorwillfulmisconductoftheAuthorityoritsofficers,employees,agents,members,orauthorizedvolunteersand(2)theactionsofConsultantoritsemployees,subcontractorsoragentshavecontributedinnoparttotheinjury,lossoflife,damagetoproperty,orviolationoflaw.ItisunderstoodthatthedutyofConsultanttoindemnifyandholdharmlessincludesthedutytodefendassetforthinSection2778oftheCaliforniaCivilCode.AcceptancebyAuthorityofinsurancecertificatesandendorsementsrequiredunderthisAgreementdoesnotrelieveConsultantfromliabilityunderthisindemnificationandholdharmlessclause.Thisindemnificationandholdharmlessclauseshallapplytoanydamagesorclaimsfordamageswhetherornotsuchinsurancepoliciesshallhavebeendeterminedtoapply.ByexecutionofthisAgreement,ConsultantacknowledgesandagreestotheprovisionsofthisSectionandthatitisamaterialelementofconsideration.Section6.STATUSOFCONTRACTOR.6.1IndependentContractor.AtalltimesduringthetermofthisAgreement,ContractorshallbeanindependentcontractorandshallnotbeanemployeeofAuthority.AuthorityshallhavetherighttocontrolContractoronlyinsofarastheresultsofContractor’sservicesrenderedpursuanttothisAgreementandassignmentofpersonnelpursuanttoSubparagraph1.3;however,otherwiseAuthorityshallnothavetherighttocontrolthemeansbywhichContractoraccomplishesservicesrenderedpursuanttothisAgreement.NotwithstandinganyotherAuthority,state,orfederalpolicy,rule,regulation,law,orordinancetothecontrary,ContractorprovidingservicesunderthisAgreementshallnotqualifyfororbecomeentitledtoanycompensation,benefit,oranyincidentofemploymentbyAuthority,includingbutnotlimitedtoeligibilitytoenrollintheCaliforniaPublicEmployeesRetirementSystem(PERS)asanemployeeofAuthorityandentitlementtoanycontributiontobepaidbyAuthorityforemployercontributionsand/oremployeecontributionsforPERSbenefits.ItisunderstoodbythepartiesthatContractorisindependentanddoesnotconstituteacommonlaw(employer-employee)relationshipandsaidagreementisexemptforthepost-retirementemploymentrequirements.Section7.LEGALREQUIREMENTS.7.1GoverningLaw.ThelawsoftheStateofCaliforniashallgovernthisagreement.7.2CompliancewithApplicableLaws.Consultantandanysubcontractorshallcomplywithallapplicablelocal,stateandfederallawsandregulationsapplicabletotheperformanceoftheworkhereunder.7.3LicensesandPermits.ConsultantrepresentsandwarrantstoAuthoritythatConsultantanditsemployees.agents.andanysubcontractorshavealllicenses,permits,qualifications,andapprovalsofwhatsoevernaturethatislegallyrequiredtopracticetheirrespectiveprofessions.ConsultantrepresentsandwarrantstoAuthoritythatConsultantanditsemployees,agents,anysubcontractorsshall,attheirsolecostandexpense,keepin3/14/17FINALDAC/JPIAPage7 effectatalltimesduringthetermorthisAgreementanylicenses,permits,andapprovalsthatarelegallyrequiredtopracticetheirrespectiveprofessions.Inadditiontotheforegoing,ConsultantandanysubcontractorsshallobtainandmaintainduringthetermofthisAgreementvalidBusinessLicensesfromAuthority.Section8.TERMINATIONANDMODIFICATION.8.1Termination.AuthorityandConsultantherebyagreethatthisAgreementmaybecancelledupon30days’writtennotice.Intheeventofterniination,Consultantshallbeentitledtocompensationforservicesperformedtotheeffectivedateoftermination;Authority,however,mayconditionpaymentofsuchcompensationuponConsultantdeliveringtoAuthorityanyoralldocuments,photographs,computersoftware,videoandattdiotapes,andothermaterialsprovidedtoConsultantorpreparedbyorforConsultantortheAuthorityinconnectionwiththisAgreement.8.2Extension.Bothpal-tiesagreethatextendingtheAgreementbeyondthatprovidedforinSubsection1.1maybeinthebestinterestofallconcerned.AnysuchextensionshallrequireawrittenamendmenttothisAgreement,asprovidedforherein.AuthorityandConsultantunderstandandagreethat,ifbothpartiesagreetosuchanextension,alltermsandconditionsoftheoriginalAgreementshallremainthesame,andextendedtothedateprovidedforinsaidamendment.8.3Amendments.ThepartiesmayamendthisAgreementonlybyawritingsignedbyalltheparties.8.4Survival.AllobligationsarisingpriortotheterminationofthisAgreementandallprovisionsofthisAgreementallocatingliabilitybetweenAuthorityandConsultantshallsurvivetheterminationofthisAgreement.8.5OptionsuponBreachbyConsultant.IfConsultantmateriallybreachesanyofthetermsofthisAgreement,Authority’sremediesshallinclude,butnotbelimitedto,anyorallofthefollowing:8.5.11mmcdiatelyterminatetheAgreement;8.5.2Retainthedocuments,andanyotherworkproductpreparedbyConsultantpursuanttothisAgreenient;8.5.3RetainadifferentConsultanttocompletetheworkdescribedinExhibitAnotfinishedbyConsultant;or8.5.4ChargeConsultantthedifferencebetweenthecoststocompletetheworkdescribedinExhibitAthatisunfinishedatthetimeofbreachandthe3/14/17FINALDAC/JPIAPages amountthatAuthoritywouldhavepaidConsultantputsuanttoSection2ifConsultanthadcompletedthework.Section9.KEEPINGANDSTATUSOFRECORDS.9.1RecordsCreatedasPartofConsultant’sPerformance.Allreports.data,maps.models,charts,studies,surveys,photographs,memoranda,plans,studies,specifications,records,files,oranyotherdocumentsormaterials,inelectronicoranyotherformthatConsultantpreparesorobtainspursuanttothisAgreementandthatrelatetothematterscoveredhereunder,shallbethepropertyoftheAuthority.ConsultantherebyagreestodeliverthosedocumentstotheAuthorityuponterminationoftheAgreement.9.2Consultant’sBooksandRecords.Consultantshallmaintainanyandallledgers,booksofaccount.invoices,vouchers,canceledchecks,andotherrecordsordocumentsevidencingorrelatingtochargesforservicesorexpendituresanddisbursementschargedtotheAuthorityunderthisAgreementforaminimumofthree(3)years,orforanylongerperiodrequiredbyLaw,fromthedateoffinalpaymenttotheConsultanttothisAgreement.9.3InspectionandAuditofRecords.AnyrecordsordocumentsthatSection9.2ofthisAgreementrequiresConsultanttomaintainshallbemadeavailableforinspection,audit,and/orcopyingatanytimeduringregularbusinesshours,uponoralorwrittenreqtiestof,theAuthority.UnderCaliforniaGovernmentCodeSection8546.7,iftheamountofpublicfundsexpendedunderthisAgreementexceedsTenThousandDollars($10,000.00),theAgreementshallbesubjecttotheexaminationandauditoftheStateAuditor,attherequestofAuthorityoraspartofanyauditoftheAuthority,foraperiodofthree(3)yearsafterfinalpaymentundertheAgreement.Section10.MISCELLANEOUSPROVISIONS.101.Attorneys’Fees.IfeitherpartytothisAgreementbringsanyaction,includinganactionfordeclaratoryrelieLtoenforceorinterprettheprovisionofthisAgreement,theprevailingpartyshallbeentitledtoreasonableattorneys’feesinadditiontoanyotherrelieftowhichthatpartymaybeentitled.Thecourtmaysetsuchfeesinthesameactionorinaseparateactionbroughtforthatpurpose.10.2Venue.IntheeventthateitherpartybringsanyactionagainsttheotherunderthisAgreement,thepartiesagreethattrialofsuchactionsla1lbevestedexclusivelyinOrangeCounty.10.3Severability.IfacourtofcompetentjurisdictionfindsorrulesthatanyprovisionofthisAgreementisinvalid,void,orunenforceable,theprovisionsofthisAgreementnotsoadjudgedshallremaininfullforceandeffect.TheinvalidityinwholeorinpartofanyprovisionofthisAgreementshallnotvoidoraffectthevalidityofanyotherprovisionofthisAgreement.3/14/17FINALDAC/JPIAPage9 10.4NoImpliedWaiverofBreach.ThewaiverofanybreachofaspecificprovisionofthisAgreementdoesnotconstituteawaiverofanyotherbreachofthattermoranyothertermofthisAgreement.10.5SuccessorsandAssigns.TheprovisionsofthisAgreementshallinuretothebenefitofandshallapplytoandbindthesuccessorsandassignsoftheparties.10.6ConsultantRepresentative.AllmattersunderthisAgreementshallbehandledforConsultantbyBarbaraThorpe.10.7AuthorityContractAdministration.ThisAgreementshallbeadministeredbyNormanLefiuann(“ContractAdministrator”).AllcorrespondenceshallbedirectedtoorthroughtheContractAdministratororhisdesignee.10.8Notices.AnywrittennoticetoConsultantshallbesentto:BarbaraThorpe,President/CEODisabilityAccessConsultants2243featherRiverBoulevardOroville,CA95965AnywrittennoticetoAuthorityshallbesenttotheprojectrepresentative,AbrahamHan.10.9Integration.ThisAgreement.includingthescopeofworkattachedheretoandincorporatedhereinasExhibitA,representstheentireandintegratedagreementbetweenAuthorityandConsultantandsupersedesallpriornegotiations,representations,oragreements,eitherwrittenororal.10.10Counterparts.ThisAgreementmaybeexecutedinmultiplecounterparts,eachofwhichshallbeanoriginalandallofwhichtogethershallconstituteoneagreement.ThePartieshaveexecutedthisAgreementasoftheEffectiveDate.AUTHORITYCONSULTANTJohull,ChiefExecutiveOfcerBarbaraThorpe.President/CEO3/14/17FINALDAC/JPIAPage10 EXHIBITASCOPEOfSERVICESConsultantwillprovidethenecessaryprofessionalservices:AssistanceLevel1:MemberAssessmentandOverallDiagnosticProfileConsultantwillperformanassessmenttodeterminethecurrentlevelofADAcompliance,inaccordancewithTitleIIoftheAmericanswithDisabilitiesAct,Section504oftheRehabilitationActandTitle24oftheCaliforniaBuildingCode,andplanacourseofactiontoenhancecompliance.ConsultantwillreviewtheinitiativesoftheMembertoassesswhethertheMemberhasmetanyorallofthemandatorycompliancerequirementsoftheADA,Section504oftheRehabilitationActandTitle24andrelatedaccessibilitystandardsandrequirements.If,afterreview,itisdeterminedthatthememberneedstocompleteorreviseanyoftherequiredcompliancecomponents,Consultantwillprovidearecommendedcomplianceplanthatmayincludeotherassistance-leveloptions.AllmembersparticipatingintheAuthority’sADAAssistanceProgramshallreceiveAssistanceLevel1bydefault.Followingisalistofitemsdeterminedduringanassessment:•AnADAcoordinatorhasbeendesignated,noticed,andposted.•EachsitehasacurrenttransitionlbarrierremovalplanthatmeetstherequirementsunderTitleIIoftheADA.•Aself-evaluationofprograms,services,activities,policies,procedures,andpracticeshasbeencompleted.•Thememberhasupdateditscurrenttransition/barrierremovalplan,ifapplicable.•CurrentADAtransition/barrierremovalplansincludeallsites,suchasnewsitesaddedsincethecompletionofthepreviousplan.•Spaceleased“to”othersbythememberisidentified.•AnycurrentADA-relatedconcernsorissuesareidentified,includinganypendingoractuallitigation.•ThemembermayneedquestionsansweredregardingtheADA,Title24oftheCaliforniaBuildingCode(CBC)orrelatedaccessibilitystandards.•Staffdevelopmentactivitieshavebeenprovidedorarerequested.•MethodsandprioritiesarerecommendedtomembersforachievingADAcompliance.2.AssistanceLevel2:InspectionofSites,DevelopmentofTransition/BarrierRemovalPlansConsultantwillinspectsitesthatmaybenewornotinspectedpreviously,orhavehadextensivemodernizationormajorremodeling.Workwillincludeinspectionofmemberfacilitiesandpublicrights-of-way,andidentificationofbarrierstoaccessibility,solutionstoremovethesebarriers,andincorporationoftheinformationintoConsultant’saccessibilitymanagementsoftware.3/14/17FINALDAC/JPIAPage11 AspartofAssistanceLevel2,ConsultantwillprovidetrainingregardingtheuseofthemanagementportionofDACTrak.AssistanceLevel2doesnotincludecomprehensivetrainingintheuseofDACTrakforthemembertocollecttheirowndata.3.AssistanceLevel3:Self-EvaluationofPolicies,Procedures,PracticesConsultantwillconductareviewofpolicies,procedures,andpracticestodetermineifanyarediscriminatoryorpotentiallydiscriminatory.Programs,services,andactivitieswouldbereviewedtodetermineaccessibilitybypersonswithdisabilities.3/14/17FINALDAC/JPIAPage12 EXHIBITBRATESANDSCHEDULEOFPAYMENTSBillingandReimbursement:AssistanceLevel1:MemberAssessmentandOverallDiagnosticProfileTherateforthisassistancelevelisatotalone-timechargepermemberof$2,800,whichincludesallexpenses.2.AssistanceLevel2:InspectionofSites,DevelopmentofTransition/BarrierRemovalPlansThehourlyrateis$98perconsultant,plusactualexpenses.Anyamountsforservicesprovidedbeyondthe$16,500per-memberfundingallowancewillbebilledtoAuthorityforpayment.DACTrakSoftwareLicenseMembersthathaveDACperforminspectionsofallfacilitiesandpublicrightsofway(AssistanceLevel2)shallreceiveaone-yearDACTraksoftwarelicenseatnocosttoeitherthememberortheAuthority.Inallotherinstances,theAuthorityshallpaythefirstyearoftheDACTraksoftwarelicensefeeforthemember.AnyDACTraksoftwarelicensefeesbeyondthefirstyearshallbepaidbythememberandnotbytheAuthority.TheDACTrakannualsoftwarelicensefeeis$2,000.3.AssistanceLevel3:Self-EvaluationofPolicies,Procedures,PracticesThehourlyrateis$98perconsultant,plusactualexpenses.Foramountsforservicesprovidedbeyondthe$5,000per-memberfundingallowancewillbebilledtoAuthorityforpayment.4.ExpensesReasonable,actualexpenseswillbechargedasauthorizedbyAuthorityandmayincludemileageattheIRSrate,hotel,meals,rentalcar,airfare(nofirst-classflights)andtraveltime.3/14/17FINALDAC/JPIAPage13 ADDENDUM TO AGREEMENT BETWEEN THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY AND DISABILITY ACCESS CONSULTANTS This Addendum ("ADDENDUM") is made and entered into this day of May 14, 2018, by and between the California Joint Powers Insurance Authority ("The AUTHORITY") and Disability Access Consultants ("CONSULTANT") (together sometimes referred to as "Parties"). WITNESSETH: WHEREAS, the AUTHORITY and CONSULTANT entered into an Agreement (hereinafter referred to as "AGREEMENT") for the Americans with Disabilities Act (ADA) compliance consulting services related to the AUTHORITY's ADA Assistance Program, which was approved by the AUTHORITY's Chief Executive Officer on AGREEMENT dated March 14, 2017; and WHEREAS, for and in consideration of the mutual advantages to be derived therefrom and in consideration of the execution of this ADDENDUM, both the AUTHORITY and CONSULTANT desire to revise AGREEMENT in the manner described herein; and WHEREAS, AGREEMENT shall be amended as follows: 1. Section 1.1 ("Term of Services") of AGREEMENT shall reflect the term being extended until June 30, 2021. If all Parties agree that further extending AGREEMENT beyond June 30, 2021 is in the best interest of all Parties, then another addendum shall be executed at the appropriate time. 2. Section 1.6 ("Eligible Recipients of Services") of AGREEMENT shall read as follows: California JPIA members will receive a funding allowance toward ADA assistance level services as outlined under the scope of this agreement. Additional services outside of the ADA assistance level services shall also be at the agreed upon hourly rate of $98 per consultant. All members of the California JPIA are eligible, including but not limited to: City of Agoura Hills, Agoura Hills and Calabasas Community Center, City of Alhambra, City of Aliso Viejo, Town of Apple Valley, Area B Disaster Management, Area E Disaster Management, City of Arroyo Grande, City of Artesia, City of Atascadero, City of Azusa, City of Bell Gardens, City of Bellflower, Big Bear City Community Services District, Big Bear Fire Authority, City of Big Bear Lake, City of Bishop, Black Gold Cooperative Library System, City of Bradbury, City of Brawley, City of Buellton, City of Calabasas, City of Camarillo, City of Carpinteria, City of Cerritos, City of Chino Hills, City of Claremont, Coachella Valley Association of Governments, Coachella Valley Conservation Commission, Coastal Animal Services Authority, City of Commerce, City of Dana Point, Desert Recreation District, City of Diamond Bar, City of Duarte, Eastern Sierra Transportation Authority. City of El Centro, City of Fillmore, Gateway Cities Council of Governments, City of Goleta, City of Grand Terrace, City of Grover Beach, City of Guadalupe, City of Hawaiian Gardens, City of Hidden Hills, City of Imperial, City of Indian Wells, City of Indio, City of Irwindale, City of La Canada Flintridge, City of La Habra Heights, LA IMPACT, City of La Mirada, City of La Palma, City of La Puente, City of La Quinta, City of La Verne, City of Laguna Niguel, City of Laguna Woods, City of Lake Elsinore, City of Lake Forest, City of Lakewood, LA-RICS, City of Lawndale, City of Loma Linda, City of Lomita, City of Malibu, City of Mammoth Lakes, Midpeninsula Regional Open Space District, City of Mission Viejo, City of Monrovia, Monterey Peninsula Regional Park District, City of Moorpark, City of Morro Bay, Mountain Area Regional Transportation Authority, City of Needles, City of Norwalk, City of Ojai, Orange County Council of Governments, City of Palm Desert, City of Palos Verdes Estates, Palos Verdes Peninsula Transit Authority, City of Paramount, City of Paso Robles, City of Pismo Beach, Pomona Valley Transportation Authority, City of Port Hueneme, City of Poway, City of Rancho Palos Verdes, City of Rolling Hills, City of Rolling Hills Estates, City of Rosemead, City of San Clemente, City of San Dimas, City of San Gabriel, City of San Juan Capistrano, City of San Luis Obispo, City of San Marcos, City of San Marino, City of Santa Fe Springs, City of Santa Paula, City of Seal Beach, City of Seaside, Seaside County Sanitation, City of Sierra Madre, City of Signal Hill, City of Solvang, City of South El Monte, Southeast Area Animal Control Authority, Southern California Association of Governments, City of Temple City, Ventura Port District, City of Villa Park, City of Walnut. West Cities Police Communication Center, City of Westlake Village. IN WITNESS WHEREOF, the Parties hereto have caused this ADDENDUM to be executed this day of May 14, 2018. "The Authority" "Consultant" California Joir owers Insurance AuQrity ( Disability Access Consultants Jonal Shull, Chief Executive Officer Barbara Thorpe, President/CEc City of Lake Elsinore Proposal for Accessibility Services AMERICANS WITH DISABILITIES ACT (ADA) SELF-EVALUATION AND TRANSITION PLAN March 30, 2021 Disability Access Consultants 2862 Olive Highway, Suite D Oroville, CA 95966 Disability Access Consultants Proposal to the City of Lake Elsinore for ADA Consulting Services 2 COVER LETTER March 30, 2021 To: Shannon Buckley, Assistant Administrative Services Director City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 (951) 674-3124 ext. 309 sbuckley@lake-elsinore.org Re: Americans with Disabilities (ADA) Self-Evaluation and Transition Plan Proposal Firm Information: Disability Access Consultants (DAC) Headquarters: 2862 Olive Highway, Suite D Oroville, CA 95966 bthorpe@dac-corp.com Phone: 1-800-743-7067 We appreciate the opportunity to submit our statement of qualifications and proposal for providing consultant services for an Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan for the City of Lake Elsinore public facilities and public rights-of-way. As you may be aware, under Title II of the ADA, the City of Lake Elsinore is required to have a current Self- Evaluation and Transition Plan. Title II entities, such as the City of Lake Elsinore may be at significant risk for claims and litigations by not having a current plan. Also, recent inquiries and enforcement activities by the DOJ, CalTrans and HUD have shown that cities can be at risk of losing or not being able to receive their state and federal pass-through funding should you not have a current plan in place. DAC has extensive experience in the evaluation of program and facility accessibility and provides a full continuum of Americans with Disabilities Act (ADA) and accessibility services for public entities, such as the City of Lake Elsinore. Founded as a California corporation and woman owned business in 1998, DAC has provided services for the past 23 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 26,000 building inspections, surveyed thousands of parks and playgrounds, over 6,000 miles of sidewalks and performed hundreds of programmatic reviews and self-evaluations to study the accessibility of programs, services, activities, events and related areas. DAC has a comprehensive understanding of applicable standards, regulations and requirements under Title II of the ADA, California Building Code and related state accessibility standards. DAC has completed over a hundred similar studies. DAC has also worked on a project for the Department of Transportation in Washington, D.C. to develop a pilot study for potential duplication of methodologies in other geographic areas, using tools and standards for public rights-of-way accessibility reviews by means of a software program to update and manage the ADA public rights-of-way transition plan. DAC is providing recommendations for best practices and technologies for the DOT. To provide for easy management of the transition plan and documentation of compliance efforts, DAC has developed web-based software called DACTrak. DACTrak is a powerful tool to manage and update the transition plan, project costs and document progress. Custom reports can be printed in a variety of formats. Respectfully submitted by Barbara Thorpe, President Disability Access Consultants Proposal to the City of Lake Elsinore for ADA Consulting Services 3 FIRM ORGANIZATION AND DESCRIPTION OF QUALIFICATIONS Since Disability Access Consultants was founded as a woman owned California Corporation in 1998, DAC has provided services for the past 23 years to assist public entities to comply and implement accessibility requirements in accordance with the ADA, Title 24 of the California Building Code, Section 504 and related federal, state and local disability-related nondiscrimination laws and regulation. DAC has extensive experience in the evaluation of program and facility accessibility and provides a full continuum of Americans with Disabilities Act (ADA) and accessibility services for public entities, such as the City of Lake Elsinore. As our founder, Barbara Thorpe, worked with a public entity for 20 years as the ADA Coordinator, 504 Coordinator, and Director of Planning and Compliance, she has extensive experience working with individuals with disabilities and organizations representing individuals with disabilities. In addition, she has collaborated with individuals with disabilities and organizations that represent individuals with disabilities in a facilitative manner that has benefited city and town governments during her work with other municipalities. Barbara and the DAC team members have demonstrated the ability to engage and interact with individuals and organizations to assist with the prioritization, long range planning and implementation of the ADA plan. DAC has a team of more than 25 staff, with our Facility Team Leader Michael Boga holding CASp Certificate #152, dedicated to assisting public entities, such as the City of Lake Elsinore, with ADA compliance. DAC has a comprehensive understanding of applicable standards, regulations and requirement under Title II of the ADA, California Building Code and related state accessibility standards. DAC has a reputation to being responsive to the client’s needs, providing on-time project completion within budgets. DAC has a proven track record for comprehensive experience in conducting ADA Self Evaluations and Transition Plans, implementation, and related services. DAC is currently assisting the California Joint Powers Insurance Authority (CJPIA) members, of which the City of Lake Elsinore belongs, to assist members with ADA compliance at a discounted rate. DAC has been assisting several Joint Power Authorities since 2000 and currently provides updates, consultation, plan reviews and expert witness services. DAC has worked with public entities of all sizes, from one site to 506 sites. Members of the DAC team have also served as expert witnesses to assist public entities to defend their current practices and ADA plan. DAC has only served on the side to assist public entities to defend their practices and plan and has never assisted with litigation against a public entity. Our mission statement and philosophy embrace the enhancement and assistance to our clients to build an ADA accessibility plan while documenting previous and current compliance methods. Over the 23 years of serving our clients, DAC has demonstrated financial stability, staff stability and has a no claims insurance record. DAC provides a full continuum of professional services that include, but are not limited to: • Facility inspections • Self-evaluations for ADA and Section 504 of the Rehabilitation Act • Policy review and development • Transition plans • Public rights-of-way surveys • Consultation • Accessibility compliance intake and management software – DACTrak • DACTrak training to conduct your own inspections • Expert witness services • Plan reviews Disability Access Consultants Proposal to the City of Lake Elsinore for ADA Consulting Services 4 • ADA Plan implementation assistance and consultation • Outdoor developed and recreational areas (pools, parks, trails, camping areas) • NPSI playground safety inspections • ADA Playground inspections DAC utilizes the appropriate standard(s) for the inspection that may include, but is not limited to: • ADA 2010 Standards • California Building Code • ADA-ABA • UFAS • ANSI • Section 504 of the Rehabilitation Act • Outdoor developed and recreational standards • National Playground Safety Institute (NPSI) standards • PROWAG – Federal Public Rights-of-way Guidelines • Federal Highway Administration’s Manual on Uniform Traffic Control Devices (MUTCD) Our firm stands out in the public entity arena due to proven performance in a wide range of services, from programmatic and policy reviews, facility inspections, transition plans, consultation, plan reviews and expert witness services. We excel at providing a comprehensive assessment of our clients’ current status by preparing a study of all areas related to accessibility in different departments to document ongoing compliance. Innovative Tools, Strategies and Best Practices Based on experience and knowledge of the accessibility field and best practices, DAC continues to develop innovative methodologies, easy to use ADA management tools, and proven, successful strategies for evaluating programs, services, activities, events, facilities, parks and public rights-of-way. DACTrak was developed by DAC for the purpose of easy and useful importing and management of the accessibility data collected in the field. DACTrak is interactive web-based software and is not an enhanced Excel spread sheet. The ability to collect, compile, analyze and use report data in a practical format was one of the driving forces to develop the DACTrak intake and management software. Our DAC accessibility management software, DACTrak, provides our clients with a powerful management tool to document compliance, project costs, print custom reports and record progress. DACTrak is not an Excel spreadsheet, but actual software that has been developed by our company to assist with the implementation and documentation of the City’s ADA plan and provides photographs of as-is site conditions, which has proved to be valuable documentation. Findings and recommendations, in addition to other data are preloaded into the DACTrak software. As DAC owns and licenses the DACTrak software, we can make custom modifications for our clients. DACTrak Accessibility Management Software The accessibility management software is included at no cost to the City for the first year as the cost is paid by the CJPIA. If the City decides to continue with the use of the web-based management software after the initial year, the cost is $2,000 and includes unlimited seat licenses. The use of the DACTrak software includes the storage and maintenance of the data. If the City decides not to continue to use the online DACTrak Accessibility Management System to maintain, update and document compliance of the ADA plan, the data can be transferred to an Excel spreadsheet or an alternate format. DAC has found that usable and easy to manage software (instead of Excel spreadsheets) is imperative to maintaining and updating the ADA plan. Categories can be customized, and findings organized as demonstrated in the screen shots of the DACTrak software included in the supplemental materials Appendix. Disability Access Consultants Proposal to the City of Lake Elsinore for ADA Consulting Services 5 PROJECT TEAM STAFFING AND RESUMES Disability Access Consultants (DAC) has a dedicated team of twenty-five 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 and Town governments and public entities. DAC works with several large JPA’s and insurance pools to assist public entities with ADA compliance. The DAC team has a proven record to provide on-site services in a collaborative and efficient manner. DAC has experienced team members who have worked with public entities for successful and on time completion of numerous projects. Necessary staff members have ICC, NPSI, and CASp certification. A CASp certified Team Leader will be involved with the project and field evaluations. The project team is organized to provide a representation of skills needed to accomplish the project objectives. In addition, teams that have worked together previously will be assigned to the City of Lake Elsinore project. Barbara Thorpe, M.Ed., LOT - DAC Project Manager As DAC Project Manager, Barbara will coordinate activities and schedules and report to City’s designee. Barbara will serve in the leadership role regarding the ADA Self-Evaluation of programs, services, activities and events along with the review of policies and procedures. Barbara brings twenty years of experience in public administration and providing services to individuals with disabilities to Disability Access Consultants. As an administrator in a public entity, Barbara provides unparalleled understanding of the application of the Americans with Disabilities Act and related legislation. In addition to assisting public entities with compliance with the ADA, Barbara has conducted compliance reviews for the Department of the Interior to audit for compliance with the ADA, Section 504 of the Rehabilitation Act and related civil rights laws and regulations. Barbara has served as an expert witness for the Department of Justice, Office of the Attorney General. Additionally, Barbara is a licensed occupational therapist. Barbara served on the Division of State Architect Advisory Board and served as the vice-chair for the DSA Access Compliance Committee. Barbara has worked on over 200 public entity projects that are similar to the City. City Contact City of Lake Elsinore Barbara Thorpe Project Manager Srikant Talasila Director of IT Michael Boga CASp-152, ICC Facility Team Leader / Quality Control Candice Pursch Director of Accessibility Services Field Inspectors (4-6) Jennie Grover Director of Administrative Services Tim Mahoney General Manager Disability Access Consultants Proposal to the City of Lake Elsinore for ADA Consulting Services 6 Michael Boga, B.A. Education, California Certified Access Specialist, ICC Accessibility, Usability and Plans Examiner - Facility Team Leader As manager of the production and the inspection team, Michael brings a unique blend of experience in the building industry along with his understanding of individuals with disabilities to the accessibility team. Michael is a certified accessibility specialist through the International Conference of Building Officials (ICC), certified in Accessibility, Usability and Plans examination and is California certified CASp inspector #152. Michael has completed the updated DSA courses regarding the 2010 California Building Code. Michael has provided numerous staff development sessions to public entities regarding accessibility requirements. If requested, Michael would provide training, assist with plan reviews and review new work completed for compliance, as requested. Mike has worked on over 260 projects that are similar to the City of Lake Elsinore. 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 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 Lake Elsinore staff to train and assist with the data entry and management of data. Jennie Grover - Director of Administrative Services 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. Tim Mahoney -General Manager As General Manager of DAC, Tim conducts quality assurance project management reviews and helps ensure contract fulfillment. Tim also provides ADA and Section 504 compliance consultation services for public entities, and staff training and development activities for public entities, businesses, and associations. SUBCONSULTANTS DAC does not use subcontractors or subconsultants, as DAC prefers team members that have direct accountability and training by DAC to provide a seamless project delivery and interaction with City staff. SCOPE OF WORK Disability Access Consultants (DAC) understands that the City is seeking a qualified firm to inspect, evaluate and prepare reports identifying potential barriers in the City -owned buildings, parks, parking lots and public rights-of-way. The inspections will identify barriers or potential barriers in accordance with applicable Federal and State accessibility standards and regulations. In addition, it is understood that DAC will assist the City in developing a schedule for barrier removal over time in a cost effective and realistic manner, using programmatic solutions where available. In order to successfully complete the project activities in a timely manner, DAC will work closely and collaboratively with the City of Lake Elsinore without imposing unnecessary interruptions or burdens to staff. During the past 23 years, Barbara Thorpe and her team have developed ongoing working relationships with City, Town and County governments and have worked diligently to have clear lines of communication. DAC has the extensive knowledge and experience with all Federal and State regulations during the past 23 years in business, that includes, but is not limited to the ADA up to and including the current 2010 American’s Disability Act Standards (ADAS), 28 Code of Federal Regulation (CFR) 35, Title 24 California Building Standards Code, Title II of the ADA, PROWAG, MUTCD, Section 504 and related Federal and State Standards and Regulations. Disability Access Consultants Proposal to the City of Lake Elsinore for ADA Consulting Services 7 Value Added Items to Enhance the Project at No Additional Cost or that Provide a Cost Savings In addition to the above understandings and confirmations, DAC has found through its experience of working with City, Town and County Governments and Joint Power Authorities, such as the California Joint Powers Insurance Authority, of which the City of Lake Elsinore is a member, that certain other items enhance the level of success and implementation of ADA Transition Plans and Self-Evaluations by public entities. The California JPIA (CJPIA) offers a discounted price to its members that has been negotiated with DAC. The CJPIA is also assisting members, such as the City, with costs for selected services for ADA compliance. The use of DACTrak by City staff to conduct surveys at facilities, process reports and manage the information to implement and document the plan may assist the City to more efficiently and effectively achieve the City’s project objectives and will provide longevity to the plan. As an additional value at no cost, DAC provides at least one photograph of each noncompliant accessible item or element, a record number for reference, estimated costs and other features to assist with the implementation of the Transition Plan. To provide for easy management of the transition plan and documentation of compliance efforts, DAC has developed online software called DACTrak. DACTrak is a powerful tool to manage and update the accessibility plan, project costs and document progress. Custom reports can be easily prepared, printed and saved in a variety of formats. Disability Access Consultants (DAC) includes the following additions at no additional cost: • Noncompliant findings and recommendations are included in the DACTrak software. • One or more photographs of each noncompliant finding are included. • Additional photographs can be viewed of the noncompliant item by one click. • DACTrak provides a method to schedule and track the barrier removal. • Documentation of progress and compliance using the progress reporting feature of DACTrak • Priorities can be established and further refined using DACTrak DACTrak provides for an organized input method that captures all the information gathered from the site inspections with photographs for each noncompliant finding. All the field information is captured in a web- based software package and provides for “green” data collection and avoids paper and pencil checklists and unorganized photographs. DACTrak can also be used on a tablet pc to add new facilities and update compliance assessments and transition plans. DAC has also found that having usable “software” and not just a database is very important to be able to easily manage and update the transition plan. Our extensive experience with clients needing to have an easy to manage and update plan was the catalyst for DAC to develop our DACTrak software for use by our clients. Thus, other critical issues include: • Software to update and manage your Transition Plan. • The ability to document progress and barrier removal. • The ability to print custom reports. • The ability to update the plan “automatically” when codes change without re-inspecting sites. • The ability to project costs. • The ability to add or delete facilities. DAC’s collection of actual measurements of as-is conditions and GIS information for public rights-of-way is another value-added item. The collection of an as-is condition is a valuable asset to allow the user to make an informed decision based on an actual measurement. For example, if a “yes” or “no” approach is utilized to indicate if an item is compliant, the user may not know what the actual level of noncompliance is and would not be able to set a priority or severity rating. If codes change, the information collected can be reprocess without the need to re-inspect, thus providing longevity of the plan and internal capacity of the City in a cost- effective manner. Disability Access Consultants Proposal to the City of Lake Elsinore for ADA Consulting Services 8 SCOPE OF WORK OVERALL PHASES DAC proposes to execute the project in two phases. Detailed activities and deliverables are provided in the following scope of work description. Phase I: Study and Evaluation - Self-Evaluation/Facility Survey/Barrier Assessment a) DAC will conduct an initial project kick-off meeting, if requested, with selected City of Lake Elsinore staff to establish roles and lines of communication, refine project goals, review the overall project schedule, schedule surveys of City of Lake Elsinore facilities and identify key City of Lake Elsinore personnel related to the project scope. Initial self-evaluation activities will be completed during this step. b) The initial orientation meeting should include an assessment of previous compliance activities and areas of current or potential litigation. The review of compliance activities and high priority areas will assist with the development of an overall project plan. The review and documentation of prior initiatives will also build a more defensible plan if the City is challenged by litigation. c) DAC will conduct field surveys of the buildings and facilities listed in the property schedule, as well as the maintained public rights-of-way to sidewalks, curb ramps and signalized intersections. d) Surveys will identify all physical barriers (interior and exterior) including the path of travel in and around the facility and from the public right-of-way at each site in accordance with Title 24 of the California Building Code and the ADA Standards (previously referred to as ADAAG). e) DAC currently provides geographical information (latitude and longitude) for each identified exterior barrier in the public right-of-way that can be incorporated into the City’s Geographical Information System (GIS). DAC incorporated the map-linked GIS feature based on the needs of many of our Town, City and County clients. DAC uses a comprehensive approach to inspecting public rights-of-way (PROW). In order to assess all the requirements in the PROW, DAC conducts manual measurements of the field conditions and enters the information into our DACTrak pc tablet in the field. DAC has found that the use of automated equipment for running slopes on sidewalks, such as ultra-light profilers, do not provide an actual measurement, but only provide a chart showing ranges. In some cases, if a change in level is greater than ½ inch, no actual quantifiable information is reported of how much greater or of the severity. In order to get the actual measurements for the sidewalks and intersections, the use of a “profiler” does not provide the measurements needed for items such as automated pedestrian signals and street furniture. f) As required by the ADA, the 2010 ADA Standards will be compared with state codes (Title 24 of the California Building Code) and the standard that provides the greater level of accessibility utilized. As DAC collects as-is field conditions and records all information, data can be reprocessed if codes change without conducting a re-inspection, thus resulting in a significant savings when codes change, and the plan needs to be updated. g) Provisions and standards for historic buildings will be applied as appropriate. h) Assessments and reports will include a high degree of detail with photographs, code references, and cost estimates. The DACTrak software and reports will include additional specifics, such as as-built dimensions, progress reports, additional prioritizations, preset reporting features and other custom reports. Reports will be delivered in the format requested, and reports will also be available using DACTrak. The inclusion of photographs showing the as-is condition has proven to be valuable assistance to clients in the formulation of the decisions regarding barrier removal priorities. The DACTrak software provides an easy to use accessibility management platform that exceeds the ability to manage the plan by hard copies and binders. The assessment report of each facility will include cost estimates to correct deficiencies in accordance with the ADA, Title 24 of the California Building Code. i) Barriers are identified by building, floor, or location and given a unique identifier record number (UIN) to assist with navigation in the accessibility software and location of the finding and recommendation by area and site. Estimated applicable costs will be given by item and element in accordance with industry standards. Costs can be easily adjusted to adhere to any cost estimates the City may utilize. j) Physical access problems that require structural solutions will be documented in the Compliance Assessment/Transition Plan. The proposed method for removal will be provided. The transition plan will identify physical barriers that may limit accessibility of City programs, services or activities for individuals Disability Access Consultants Proposal to the City of Lake Elsinore for ADA Consulting Services 9 with disabilities. The schedule for removal of barriers and appropriate timelines will be developed in consultation with the City. k) The field survey information will be presented to the ADA Compliance Team as requested using the DACTrak web-based accessibility management system. Many different types of reports will be available for the City. Feedback will be incorporated as appropriate. l) The survey data will be compiled into a Transition Plan which will identify actual as-is conditions and prioritize current barriers, provide a schedule for barrier removal, as well as establish procedures for addressing future accessibility issues. The Transition Plan data can be exported to Excel or PDF formats. The Transition Plan data will include photographs, findings, recommendations, code references, estimated costs, priority settings (in addition to prioritized report) in accessibility software for accessibility management. Photographs and GIS coordinates are valuable for the development of the transition plan. m) DAC will assist the City to solicit input from members of the community and persons with disabilities. Methods will be utilized to solicit public input may include notices, information on the website and surveys. n) The Transition Plan data will be provided using DACTrak which has management, monitoring, and web- based tracking tools that allow staff to manage current and future accessibility issues, update the deficiency status, and generate reports to show progress in meeting the Transition Plan requirements. Phase II: Implementation Phase - Transition Plan Development a) DAC will develop, in collaboration with the City, a comprehensive ADA Self-Evaluation and Transition plan for facilities, buildings, PROW and parks. b) DAC will develop a first draft of the ADA Transition Plan with recommended priority levels. c) DAC will meet with the City to review the draft document and incorporate any comments, changes or feedback. d) DAC will assist the City to conduct public outreach activities that may include website announcements, postings, surveys, announcements, individual meetings and other activities as requested. e) DAC will prepare and produce a second draft if necessary, with a detailed description of the barrier and the proposed method for barrier removal. f) DAC will train the City in the use of the DACTrak online accessibility management system to prepare reports as well as update and manage the ADA Plan. g) DAC will provide an executive summary of the project. h) DAC does not recommend that the plan be adopted by the City, as adoption is not required and may cause additional discussion regarding projected dates in the plan that are meant to be “projected and estimated dates” and not final dates of barrier removal. i) DAC will provide the City with DACTrak, a web-based monitoring, tracking, and management system at project completion. DACTrak allows users to review and update progress in barrier removal, and to generate many different styles of reports to document progress. DACTrak contains one or more integrated photographs that are attached to the finding, eliminating the need to reference another area or report supplement. DACTrak is an actual accessibility management software, not just electronic database of items contained in the Facility Survey Report. DAC has found that an electronic database or Excel format does not provide the City with a tool containing integrated photographs needed to implement the plan, set priorities, make notes and print custom reports. If the City does not want to use the software, the data can be placed in an Excel spreadsheet. • DAC will license DACTrak to the City to manage all the field data collected, print custom reports, document progress, estimate costs and perform other management functions; • Data collected will be the property of the City should the City decide for any reason not to continue to use the DACTrak accessibility intake and management software system; • The California JPIA, of which the City is a member, has an agreement with DAC to pay for the use of DACTrak; • DACTrak will include and provide correlation with field data collected, reports, transition plans, drawings, code references, estimated costs and photographs for each noncompliant accessibility item or element; Disability Access Consultants Proposal to the City of Lake Elsinore for ADA Consulting Services 10 • Reference maps for GIS information will be provided in addition to a linked mapping system for each item; • DACTrak provides a description, location and record number for each barrier that allows the user to access the information and location j) DAC will provide City staff with training regarding ADA Compliance from both a programmatic and administrative point of view and for facility management and maintenance. Disability Access Consultants Proposal to the City of Lake Elsinore for ADA Consulting Services 11 COST PROPOSAL 1. Total estimated cost for the survey of the City’s facilities and parks (AL-2): $99,500* Facilities and Parks 1) Bait and Tackle Building 2) Polygon Building 3) Boat Launch 4) Police Substation 5) Restroom Building 1 6) Restroom Building 2 7) Restroom Building 3 8) Restroom Building 4 9) Guard Kiosk 10) Yurt 1-Boho 11) Yurt 2-Bora Bora 12) Yurt 3-The Lodge 13) Yurt 4-Beach 14) Yurt 5-Elsinore 15) Yurt 6-Rock 'N Roll 16) Maintenance Building 17) Vacant Lot-Limited Avenue and Poe Street 18) Vacant Lot-Whiskers Beach 19) Vacant Lot-Sulfur and Graham Street 20) Vacant Lot-Cultural Center 21) Vacant Lot-Peck Street 22) Studio 395 23) Alberhill Ranch Community Park 24) Channel Walk Park 25) Canyon Hills Community Park 26) Creekside Park 27) Elm Grove Beach 28) Seaport Boat Launch 29) Lake Point Park 30) Lincoln Street Park 31) Machado Park 32) McVicker Canyon Park 33) Oak Tree Park 34) Riverwalk Trail 35) Rosetta Canyon Sports Park 36) Serenity Park & Skate Park 37) Summerhill Park 38) Summerlake Park 39) Summerly Community Park 40) Swick & Matich Park 41) Tuscany Hills Park 42) Yarborough Park 2. Total estimated cost for the inspection of public rights-of-way: $170,000* The City of Lake Elsinore has indicated it currently owns and maintains an estimated 340 linear sidewalk miles within its owned Public Right -of-Way (PROW). DAC will survey an estimated 340 linear miles of sidewalks, curb ramps, APS intersections and bus stops/shelters for a total cost of $170,000 using the rate of $500 per linear mile of sidewalk. *Note: CJPIA is providing AL-2 assistance funding of $16,500 toward the cost of items 1 & 2. Net cost to the City of Lake Elsinore for the facility, park and PROW inspections (AL-2) is $253,000. Example: • $99,500 (facilities/parks) + $170,00 (PROW) = $269,500 • $334,825- $16,500 (AL-2 assistance) = $253,000 3. Review of policies, procedures and programs cost (AL-3): $5,000 Review of policies, procedures and programs and assistance with public input at a cost of $5,000 which is paid by the CJPIA for a net cost of zero. Disability Access Consultants Proposal to the City of Lake Elsinore for ADA Consulting Services 12 Cost Summary 1. Total estimated cost for facility/park inspections (AL-2): $99,500 2. Total estimated cost for Public Rights-of-Way inspections (AL-2): $170,000 a. Total estimated cost facilities, parks and PROW inspection $269,500 b. Less AL-2 assistance funding provided by CJPIA ($16,500) Total AL-2 Cost AL-2 to City of Lake Elsinore $253,000 3. Cost of review of policies, procedures and programs and assistance with public input: $5,000 a. Review of programs, policies and procedures and public input process. b. Less AL-3 assistance funding provided by CJPIA ($5,000) Total AL-3 to City of Lake Elsinore $0.00 4. DACTrak Licensing is paid for by the CJPIA in year one. $2,000 a. Less CJPIA DACTrak assistance ($2,000) b. Year 2 and beyond DACTrak licensing is $2,000/year. Total DACTrak Cost to City of Lake Elsinore in Year 1 $0.00 *Total AL-2 and AL-3 Assistance provided by CJPIA: $23,500 Disability Access Consultants Proposal to the City of Lake Elsinore for ADA Consulting Services 13 SCHEDULE: SCOPE OF SERVICES SUMMARY BY ESTIMATED TIMELINES Based upon experience, a project milestone chart is provided in months. It is estimated that the project will be completed in twelve (12) months, or sooner. The chart below is a summary of major milestones and is not necessarily representative of all the individual project activities. Scope of Service –Activity or Task 1 2 3 4 5 6 7 8 9 10 11 12 DAC Team Meeting with City of Lake Elsinore kick-off meeting; survey methodologies, deliverables and schedule confirmation Project planning, scheduling, procedures review Field inspection data compiled (compiled on a daily basis and available for review throughout the inspection process) Public input and community outreach Draft Self-Evaluation of services, policies, programs and practices First Draft Presentation to selected City staff (recommended that the review occur at several milestones, not only at the conclusion) Final Draft Deliverables completed and provided to City Consultant Responsibilities DAC will arrange all project management activities for an efficient process to develop the ADA Transition plan and provide the City with an anticipated project schedule prior to commencement of work. DAC will perform all work in conformance with current City policies and procedures and carry out the instructions received from the City, in cooperation with other City approved and involved agencies. . Disability Access Consultants Proposal to the City of Lake Elsinore for ADA Consulting Services 14 Supplemental Materials Sample DACTrak Screen Shots and Information These samples are generated from the DACTrak Accessibility Management web-based software program. The following screen shots are recent examples of the DACTrak Management software prepared for several public entity clients. Upon logging into the secure DACTrak website, you are able to choose the facility you would like to view and manage. These two screen shots are examples of facility lists for two recent public entity transition plan projects. Disability Access Consultants Proposal to the City of Lake Elsinore for ADA Consulting Services 15 After choosing a facility, you are able to use Reports drop down menu to choose which report style to view. You may also choose to view multiple facilities in one report. This screenshot is an example of the home page for a Basic Photo Report. The sort and filter panel allows users to quickly run reports that generate findings for specified locations or categories, or by progress, priority or resolution status. Disability Access Consultants Proposal to the City of Lake Elsinore for ADA Consulting Services 16 These two screenshots are examples of a finding page in a Basic Photo Report. This type of report shows the user the finding, with accompanying recommendation to correct the non- compliant item, the associated photo, code reference(s), estimated cost to remove the barrier, and any progress that has been added to update the transition plan. Disability Access Consultants Proposal to the City of Lake Elsinore for ADA Consulting Services 17 This screenshot is an example of a finding page in a Dual Photo Report. This type of report shows the user two findings per page, with accompanying recommendations to correct the non- compliant item, the associated photo, code reference(s), and estimated cost to remove the barrier. Disability Access Consultants Proposal to the City of Lake Elsinore for ADA Consulting Services 18 The Dual Photo and Basic Photo Reports may be exported to an Excel workbook for easy management of the transition plan data. The Excel workbook exports into a pre-formatted table with the filter function atop each data column. The report is a fully functioning Excel spreadsheet that may be sorted, filtered and manipulated by the user. The column for Picture identification numbers includes cells that are live links to the second tab of the workbook which contains report photos. Clicking the cell for a particular report finding will bring up the associated picture on the Photos tab. Disability Access Consultants Proposal to the City of Lake Elsinore for ADA Consulting Services 19 Users can update progress using the Tools drop down menu. Record Manager allows each record to be updated individually. Global Progress Editor allows many records to be updated at once with identical information. Priority Manager allows many records to be updated at once with unique information. Record Manager allows the user to choose which record to update individually. Disability Access Consultants Proposal to the City of Lake Elsinore for ADA Consulting Services 20 Once a record is chosen in Record Manager, the user can set the priority, select the status of progress, add projected and actual dates of completion and also document any notes regarding the record. This screen shot represents an example of a record with progress, updates and comments added. Disability Access Consultants Proposal to the City of Lake Elsinore for ADA Consulting Services 21 This is an example of Global Progress Editor, where the user may select many records to update at one time. In this example, the category has been filtered to Passenger Loading Zones using the Categories drop down menu. This is an example of Priority Manager, where the user may select many records to update with unique information from one screen. The user may select progress information from the drop down menus and enter dates for each line item. All information is updated with one click of the Submit button. In this example, the category has been filtered to Sinks using the Categories drop down menu. Disability Access Consultants Proposal to the City of Lake Elsinore for ADA Consulting Services 22 When GPS information is recorded for the location of an outdoor finding, such as the sidewalk report below, a Map Overlay report is available to view on DACTrak. This report shows a map of the area where the survey was performed, and pinpoints the location of the finding. Clicking on the pinpoint brings up a screen showing the finding, recommendation to bring the item into compliance, a photo of the finding and the associated code references. Rev. April 2017 Page 1 California JPIA ADA Assistance Program Guidelines Overview The purpose of the California JPIA’s Americans with Disabilities Act (ADA) Assistance Program is to provide technical and financial resources in order to help members achieve compliance with federal ADA and state laws. Recognizing the importance of ADA compliance, the Authority’s Executive Committee has approved a level of funding across three broad areas. First, an ADA consulting firm will work with members in assessing compliance; evaluating physical structures, programs, and services; and developing transition plans. Second, members will be provided ADA compliance tracking software. Third, the Authority will make financing available in order to assist in funding necessary ADA capital improvements for purposes of barrier removal. The assistance program is expected to be carried out for a period of five years, with roughly 20% of the membership receiving assistance in each of the program years. Since some members have already begun addressing ADA compliance independent from the Authority’s program, partial or complete reimbursement may be available if the work comports with the program conditions described below. Agreement for Professional Services For ADA consulting services described below, the Authority has entered into an agreement with Disability Access Consultants (DAC). The agreement details terms and conditions for the provision of professional services, the scope of ADA consulting services being provided, and the costs for these services. The ADA consultant may incur reasonable actual expenses, including mileage, lodging, meals, and transportation costs associated with providing ADA consulting services. Authorization for any and all services to members will be according to the terms and conditions described therein. A copy of the agreement is maintained at the Authority’s offices. Level and Types of Assistance The following describes the different types of assistance being provided to members. Assistance Level 1: Member Assessment and Overall Diagnostic Profile The ADA consultant will perform an assessment to determine the current level of ADA compliance and plan a course of action to enhance compliance. If, after review, it is determined that the member needs to complete or revise any of the required compliance components, the ADA consultant will provide a recommended compliance plan that may include other assistance-level options. Following is a list of items determined during an assessment.  An ADA coordinator has been designated, noticed, and posted. Rev. April 2017 Page 2  Each site has a current transition/barrier removal plan that meets the requirements under Title II of the ADA.  A self-evaluation of programs, services, activities, policies, procedures, and practices has been completed.  The member has updated its current transition/barrier removal plan, if applicable.  Current ADA transition/barrier removal plans include all sites, such as new sites added since the completion of the previous plan.  Space leased “from” others for use by the member are identified.  Leased sites and program locations are identified.  Space leased “to” others by the member is identified .  Any current ADA-related concerns or issues are identified, including any pending or actual litigation.  The member may need questions answered regarding the ADA, Title 24 of the California Building Code (CBC) or related accessibility standards.  Staff development activities have been provided or are requested .  Methods and priorities are recommended to members for achieving ADA compliance. Assessments carried out under Assistance Level 1 are designed to assist members that perhaps have done some ADA compliance work, but are uncertain either of its completeness or being up-to-date. The findings of the assessment are not documented, but are discussed verbally over the phone. Based on the findings, a proposal of work will be developed and provided to the member. The California JPIA will fund this assistance level in its entirety ($2,800), with no contribution from the member. Assistance Level 2: Inspection of Sites, Development of Transition/Barrier Removal Plans This service will provide members with inspection of sites that may be new or not inspected previously, or have had extensive modernization or major remodeling. The service will include inspection of member facilities and public rights-of-way, and identification of barriers to accessibility, solutions to remove these barriers, and incorporation of the information into the ADA consultant’s accessibility management software, DACTrak. Under Assistance Level 2, public rights-of-way (PROW) must be evaluated to determine if there are barriers that would prevent those with disabilities from traversing the pedestrian access route in the public right-of-way. When members complete a self-evaluation, these barriers must be identified and incorporated into the member’s ADA transition plan. There are standards in the Americans with Disabilities Act Accessibility Guidelines (ADAAG) that address sidewalks, but those standards are for design only. They s pecify that changes in the level of accessible routes up to 1/4” may be vertical and without edge treatment. Changes between 1/4” and 1/2” are to be beveled with a slope no greater than 1:2. Rev. April 2017 Page 3 Changes greater than 1/2” are to be ramped. These regulations do not specifically address maintenance. Therefore, it is the Authority’s opinion that there is no ADA maintenance standard for sidewalk deviations that exist in the PROW path of travel, and members have no general requirement to inspect or repair deviations that exceed the ADAAG’s design standard. That said, there are instances where sidewalk deviations or conditions of sidewalk surfacing that should be addressed in order to ensure accessibility by disabled persons. More broadly, and within the context of maintaining an agency’s public sidewalks, deviations that are 3/4” or less vertical displacement have been deemed by the courts to be trivial in nature, unless there are aggravating circumstances such as jagged edges or a history of falls that make such instances of greater risk to the public. A vertical displacement of greater than 3/4” is not considered trivial as a matter of law, and poses a jury question as to whether it constitutes a dangerous condition of public property. Members have a duty to mitigate such dangerous conditions either because they knew of the condition or should have known. This duty exists separate and apart of any duty imposed under the Americans with Disabilities Act. The California JPIA will fund up to $16,500 toward this level of assistance. Members will be responsible for any costs that exceed this amount. The California JPIA will also fund the first year of licensing and training the DACTrak software. Members will be responsible for any required equipment and licensing costs beyond the first year. The annual licensing fee is $2,000. Assistance Level 3: Self-Evaluation of Policies, Procedures, Practices The ADA consultant will conduct a review of policies, procedures, and practices to determine if any are discriminatory or potentially discriminatory. Programs, services, and activities would be reviewed to determine accessibility by persons with disabilities. The California JPIA will fund up to $5,000 toward this level of assistance. Members will be responsible for any costs that exceed this amount. ADA Financing for Barrier Removal Projects Since some members may be unable to fund necessary capital improvements for purposes of barrier removal due to budgetary constraints, the Authority will also make ADA financing available. This financing is intended to help members to make needed improvements, particularly those that would otherwise be out of fiscal reach in the foreseeable future. Funding requests will be solicited annually through an application process, and then presented to the Executive Committee for approval. Members requesting financing must have completed the development of a transition plan that identifies the capital improvement associated with the funding request. Rev. April 2017 Page 4 The Authority will charge an interest rate based on the rate of return for all investments. The Authority may adjust the rate annually for each financing cycle. The rate will then be fixed for the financing term, which will not exceed five years. Specific instructions with financing terms and conditions will be provided when the application period open for each year. ADA Training The California JPIA offers the following ADA training courses to members throughout the five regions:  Planning for ADA Compliance: ADA Coordinator Training  Planning for ADA Compliance: Public Facilities  Planning for ADA Compliance: Public Rights of Way  Planning for ADA Compliance: Accessibility Requirements for Facilities and the Public Right-of-Way  Planning for ADA Compliance: Roles, Responsibilities and Strategies For specific details on each ADA course and upcoming training opportunities, visit the California JPIA website. The cost of agency-specific or other ADA training offered by DAC is the responsibility of the member. Additional Consulting Services For any ADA consulting services needed by members beyond the scope of those listed above, the California JPIA has negotiated a flat rate of $98 per consultant hour , and is the responsibility of the member. Members are advised to execute agreements with DAC for any services outside of the ADA assistance program. Member Responsibilities The member must agree to carry out the following responsibilities:  Provide necessary staff and fiscal resources in order to complete ADA assistance work in an agreed-upon and timely manner.  Provide the ADA consultant with necessary information and documents . Information may include prior ADA self-evaluations and transition plans, property schedules, facility and parks lists (including amenities and addresses), sidewalk mileage, number of automated pedestrian signal intersections, number of bus stops/bus shelters, and other infrastructure inventory details. This information is necessary to assist DAC with the development of an accurate proposal of services. Rev. April 2017 Page 5  Execute the program Memorandum of Understanding (MOU), provided by the California JPIA. The MOU will be signed by the member’s chief executive or city manager. A sample of the MOU is attached to this document.  Complete development of an ADA self-evaluation and transition plan for removal of accessibility barriers, including determining estimated barrier removal dates.  Develop needed capital budget plans based on information contained in the ADA self - evaluation and transition plan.  Assist the ADA consultant with a review of policies, procedures, and practices to determine if any are discriminatory or potentially discriminatory.  Designate an ADA grievance coordinator. Post ADA grievance policy on agency website and have the policy posted and available at all public facilities.  Be responsible for costs that exceed per-member funding levels approved by the Authority’s Executive Committee.  Provide a tablet or other device that will run the DACTrak software.  Receive training on the use of DACTrak software.  Be responsible for licensure cost of DACTrak software beyond the initial year. Rev. April 2017 Page 6 Program Procedures General Procedures: 1. The Authority’s risk managers will work with members to determine assistance levels for each member and notify members of the assistance level they will be receiving . Members will receive a copy of this document, outlining the details of the program. 2. Risk managers will contact the ADA consultant, notifying them of members ready to move forward with assistance level one. 3. Member will provide necessary information to consultant for development of work proposal. The proposal will outline the scope of work and an estimate of costs, outlining all expenditures according to the assistance levels. 4. A phone assessment will be conducted to discuss the agency’s ADA compliance level. If the proposal is available in advance of the scheduled call, it will also be discussed. 5. The executed MOU serves as a notice to proceed for assistance levels two and three. Authority risk managers will notify ADA consultant when MOU’s are executed. 6. The ADA consultant will contact individual members to schedule an on-site or phone project kick-off meeting, and will forward information to the member and the risk manager regarding the kick-off. 7. In coordination with the member, the ADA consultant will participate in the project kick- off meeting. The Authority’s risk manager may attend the meeting, but this is not required for work to proceed. The meeting will include discussion of the project scope and responsibilities. Specific Assistance Level Procedures: Assistance Level 1 1. The Authority’s risk managers will coordinate the start of all member assessments. 2. Member will gather information necessary to answer questions outlined in ADA/Section 504 Initial Assessment document. This document will be sent to the member by the ADA consultant or the Authority’s risk manager. Members are advised not to complete and return the document, but rather have the information available for the phone discussion. 3. The ADA consultant will conduct the member assessment and overall diagnostic profile. Assistance Level 2 1. Member will be provided DACTrak accessibility management software. 2. Member will receive training regarding the use of DACTrak accessibility management software. Rev. April 2017 Page 7 3. Member will provide necessary access and coordination to ADA consultant for completion of buildings, parks and facilities inspections. 4. Member will provide necessary coordination to ADA consultant for completion of public rights-of-way inspections. 5. The ADA consultant will produce all necessary reports of findings to the member. Assistance Level 3 1. With the assistance of the member, the ADA consultant will complete review of policies and procedures. 2. The ADA consultant will review accessibility of programs, services and activities. 3. The ADA consultant will produce all necessary reports of findings to the member. 4. The ADA consultant will provide guidance to the member on the public input process, as required by Title II of the ADA. Rev. April 2017 Page 8 Billing and Reimbursement Work Performed through the Authority’s ADA Assistance Program All work carried out through the California JPIA’s ADA assistance program must be approved in writing by both the member and the Authority through the execution of the MOU prior to commencement of work by the Authority’s ADA consultant. All invoices for work completed by the ADA consultant will be submitted to the California JPIA for payment. Any amounts for services provided beyond the per-member funding levels approved by the Executive Committee will be billed to the member by the California JPIA. Work Performed Outside of the Authority’s ADA Assistance Program Members who have recently completed independent ADA work may submit for reimbursement of costs, according to the following conditions: 1. The work shall be of the same or greater scope of what the Authority is making available through its ADA assistance program. 2. The work shall be detailed in an agreement with the contractor. A copy of the agreement and invoices shall be provided to the California JPIA. 3. The work shall be complete. 4. Reimbursement amounts are the same as the per-member funding levels approved by the Executive Committee and noted above 5. The member would not qualify for additional ADA assistance in any area for which it is seeking reimbursement. MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOU) is between the California Joint Powers Insurance Authority (CJPIA) and the City of Lake Elsinore (MEMBER) for purposes of authorizing work related to CJPIA’s ADA Assistance Program, which includes conducting self-evaluations and inspections, developing transition plans, and evaluating programs and services. Disability Access Consultants (DAC) will perform all work for MEMBER on behalf of CJPIA in accordance with all terms, covenants, standards, and conditions set forth in that certain agreement between the CJPIA and DAC, entered into on March 14, 2017, of which MEMBER shall be considered a third-party beneficiary. A copy of the agreement is attached hereto as an exhibit and incorporated by reference as if fully set forth herein. This MOU also discloses costs related to the aforementioned work, which will be billed directly to CJPIA. CJPIA will then invoice MEMBER, less the amount of CJPIA ADA Assistance Program funding. MEMBER agrees to pay the invoiced amount within 30 days of billing by CJPIA. 1. Total cost for all work to be performed by DAC, $276,500 as per attached DAC written proposal 2. Total program funding provided by CJPIA to be $23,500 paid directly to DAC on behalf of MEMBER for the aforementioned work 3. Total amount owed by MEMBER, representing $253,000 difference between Line 1 and Line 2, which will be billed by CJPIA Should additional inspection items be added to the scope of work, DAC will provide an addendum to the proposal. MEMBER acknowledges and agrees to be responsible for any additional costs incurred from the addition of these items to the scope of work (e.g. buildings, facilities, bus stops, sidewalk mileage). A revised MOU must be executed by the MEMBER and CJPIA before proceeding with additional work. ____________________________________ _______________ Jason Simpson, City Manager, City of Lake Elsinore Date ____________________________________ _______________ Alex Mellor, Senior Risk Manager, California JPIA Date Attachments: DAC Proposal, DAC Professional Services Agreement and addenda