HomeMy WebLinkAboutADA Assistance Program - Exhibit A DAC Agreement Signed (3) PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT for Professional Services ("Agreement") is made this day of March 14,
2017 ("Effective Date") by and between the California Joint Powers Insurance Authority("Authority")
and Disability Access Consultants ("Consultant") (together sometimes referred to the "Parties").
Section 1. SERVICES. Subject to the teens and conditions set forth in this Agreement, Consultant
shall provide to Authority the services described in the Scope of Work attached as Exhibit A, and
incorporated here. Such work shall be provided at the time and place and in the manner specified in
Exhibit A. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit
A, this Agreement shall prevail.
1.1 Term of Services. The tern of this Agreement shall begin on the Effective Date and
shall end on June 30, 2018. Consultant shall complete the work described in Exhibit A
prior to that date, unless the tern of the Agreement is otherwise tenninated or extended
as provided for in Section 8. The time provided to Consultant to complete the services
required by this Agreement shall not affect the Authority's right to terminate the
Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to
this Agreement in the manner and according to the standards observed by a competent
practitioner including the necessary expertise or knowledge of the profession in which
Consultant is engaged in the geographical area in which Consultant practices its
profession and to the sole satisfaction of the project representative.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perfonn
services pursuant to Agreement. In the event that Authority, in its sole discretion, at any
time during the teen of this Agreement, desires the reassignment of any such persons,
Consultant shall, immediately upon receiving notice from Authority of such desire of
Authority, reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to satisfy Consultant's obligations hereunder.
1.5 Authorization to Perform Services.The Consultant is not authorized to perfonn any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Authority's project representative.
1.6 Eligible Recipients of Services. Authority members will receive a funding allowance
toward ADA assistance level services as outlined under the scope of this agreement.
Additional services outside of the ADA assistance level services shall be at the agreed
upon hourly rate of$98 per consultant. All members of the Authority are eligible,
including but not limited to:
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City of Agoura Hills, Agoura Hills/Calabasas Community Center, City of Aliso Viejo,
Town of Apple Valley, Area B Disaster Management, Area E Disaster Management, City
of Arroyo Grande, City of Artesia, City of Atascadero, City of Azusa, City of Bell
Gardens, City of Bellflower, Big Bear City Community Services District, Big Bear Fire
Authority, City of Big Bear Lake, City of Bishop, Black Gold Cooperative Library
System, City of Bradbury, City of Brawley, City of Buellton, City of Calabasas, City of
Camarillo, City of Carpinteria, City of Cerritos, City of Chino Hills, City of Claremont,
Coachella Valley Association of Governments, Coachella Valley Conservation
Commission, Coastal Animal Services Authority, City of Commerce, City of Dana Point,
Desert Recreation District, City of Diamond Bar, City of Duarte, Eastern Sierra
Transportation Authority, City of El Centro, City of Fillmore, City of Fountain Valley,
Gateway Cities Council of Governments, City of Goleta, City of Grand Terrace, City of
Grover Beach, City of Guadalupe, City of Hawaiian Gardens, City of Hidden Hills, City
of Imperial, City of Indian Wells, City of Indio, City of Irwindale, City of La Canada
Flintridge, City of La Habra Heights, LA IMPACT, City of La Mirada, City of La Palma,
City of La Puente, City of La Quinta, City of La Verne, City of Laguna Niguel, City of
Laguna Woods, City of Lake Elsinore, City of Lake Forest, City of Lakewood, LA-RICS,
City of Lawndale, City of Loma Linda, City of Lomita, City of Malibu, Town of
Mammoth Lakes, Midpeninsula Regional Open Space District, City of Mission Viejo,
City of Monrovia, Monterey Peninsula Regional Park District, City of Moorpark, City of
Morro Bay, Mountain Area Regional Transportation Authority, City of Needles, City of
Norwalk, City of Ojai, Orange County Council of Governments, City of Palm Desert,
City of Palos Verdes Estates, Palos Verdes Peninsula Transit Authority, City of
Paramount, City of Paso Robles, City of Pico Rivera, City of Pismo Beach, Pomona
Valley Transportation Authority, City of Port Hueneme, City of Poway, City of Rancho
Palos Verdes, City of Rolling Hills, City of Rolling Hills Estates, City of Rosemead, City
of San Clemente, City of San Dimas, City of San Gabriel, City of San Juan Capistrano,
City of San Luis Obispo, City of San Marcos, City of San Marino, City of Santa Fe
Springs, City of Santa Paula, City of Seal Beach, City of Seaside, Seaside County
Sanitation, City of Sierra Madre, City of Signal Hill, City of Solvang, City of South El
Monte, Southeast Area Animal Control Authority, Southern California Association of
Governments, City of Temple City, Ventura Port District, City of Villa Park, City of
Walnut, West Cities Police Communication Center, City of Westlake Village.
Section 2. COMPENSATION. Authority hereby agrees to pay Consultant in accordance with the
payment schedule as set forth in Exhibit B, attached hereto and incorporated herein by reference as
though set forth in full, based upon work completed, as defined in Exhibit A. In the event of a conflict
between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall
prevail. Authority shall pay Consultant for services rendered pursuant to this Agreement at the time and
in the manner set forth herein. The payments specified below shall be the only payments from Authority
to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to
Authority in the manner specified herein. Except as specifically authorized in advance by Authority,
Consultant shall not bill Authority for duplicate services perfonned by more than one person.
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2.1 Invoices. Consultant shall submit invoices during the term of this Agreement,based on
the work completed, and within 30 days. All work billed shall be on a per member basis,
with an itemized detail of services performed.
2.2 Pavment. Authority shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred.
Authority shall have 30 days from the receipt of an invoice that complies with all of the
requirements above to pay Consultant.
2.3 Total Pavment. Authority shall not pay any additional sum for any expense or cost
whatsoever incurred by Consultant in rendering services pursuant to this Agreement.
Authority shall make no payment for any extra, further, or additional service pursuant to
this Agreement.
2.4 Pavment of Taxes. Consultant is solely responsible for the payment of employment
taxes incurred under this Agreement and any federal or state taxes.
2.5 Pavment upon Termination. In the event that the Authority or Consultant tenninates
this Agreement pursuant to Section 8, the Authority shall compensate the Consultant for
all outstanding costs and reimbursable expenses incurred for work satisfactorily
completed as of the date of written notice of tennination. Consultant shall maintain
adequate logs and timesheets in order to verify costs incurred to that date.
Section 3. EQUIPMENT. Except as otherwise provided, Consultant shall, at its sole cost and
expense,provide all supplies and equipment necessary to perform the services required by this Agreement.
Section 4. INSURANCE REQUIREMENTS. Without limiting Consultant's indemnification of
Authority, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its
own expense during the teen of this Agreement, policies of insurance of the type and amounts described
below and in a form satisfactory to Authority.
4.1 General Liability Insurance. Consultant shall maintain commercial general liability
insurance with coverage at least as broad as Insurance Services Office forn CG 00 01, in
an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for
bodily injury, personal injury, and property damage. The policy must include contractual
liability that has not been amended. Any endorsement restricting standard ISO "insured
contract"language will not be accepted.
4.2 Automobile Liability Insurance. Consultant shall maintain automobile insurance at
least as broad as Insurance Services Office forn CA 00 01 covering bodily injury and
property damage for all activities of the Consultant arising out of or in connection with
Work to be performed under this Agreement, including coverage for any owned, hired,
non-owned or rented vehicles, in an amount not less than $1,000,000 combined single
limit for each accident.
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4.3 Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain
professional liability insurance that covers the Services to be performed in connection
with this Agreement, in the minimum amount of$1,000,000 per claim and in the
aggregate. Any policy inception date, continuity date, or retroactive date must be before
the effective date of this agreement and Consultant agrees to maintain continuous
coverage through a period no less than three years after completion of the services
required by this agreement.
4.4 Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation
Insurance (Statutory Limits) and Employer's Liability Insurance(with limits of at least
$1,000,000).
4.5 Proof of Insurance. Consultant shall provide certificates of insurance to Authority as
evidence of the insurance coverage required herein, along with a waiver of subrogation
endorsement for workers' compensation. Insurance certificates and endorsements must be
approved by Authority's risk manager prior to commencement of performance. Current
certification of insurance shall be kept on file with Authority at all times during the term
of this contract. Authority reserves the right to require complete, certified copies of all
required insurance policies, at any time.
4.6 Duration of Coverage. Consultant shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property, which
may arise from or in connection with the performance of the work hereunder by
Consultant, its agents, representatives, employees or sub-consultants.
4.7 Primary/Noncontributing. Coverage provided by Consultant shall be primary and any
insurance or self-insurance procured or maintained by Authority shall not be required to
contribute with it. The limits of insurance required herein may be satisfied by a
combination of primary and umbrella or excess insurance. Any umbrella or excess
insurance shall contain or be endorsed to contain a provision that such coverage shall also
apply on a primary and non-contributory basis for the benefit of Authority before the
Authority's own insurance or self-insurance shall be called upon to protect it as a named
insured.
4.8 Authority's Rights of Enforcement. In the event any policy of insurance required under
this Agreement does not comply with these specifications or is canceled and not replaced,
Authority has the right but not the duty to obtain the insurance it deems necessary and
any premium paid by Authority will be promptly reimbursed by Consultant or Authority
will withhold amounts sufficient to pay premium from Consultant payments. In the
alternative, Authority may cancel this Agreement.
4.9 Acceptable Insurers. All insurance policies shall be issued by an insurance company
currently authorized by the Insurance Commissioner to transact business of insurance or
is on the List of Approved Surplus Line Insurers in the State of California, with an
assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI
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(or larger) in accordance with the latest edition of Best's Key Rating Guide, unless
otherwise approved by the Authority's risk manager.
4.10 Waiver of Subrogation.All insurance coverage maintained or procured pursuant to this
agreement shall be endorsed to waive subrogation against Authority, its elected or
appointed officers, agents, officials, employees and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance with these
specifications to waive their right of recovery prior to a loss. Consultant hereby waives its
own right of recovery against Authority, and shall require similar written express waivers
and insurance clauses from each of its sub-consultants.
4.11 Enforcement of Contract Provisions (Non Estoppel). Consultant acknowledges and
agrees that any actual or alleged failure on the part of the Authority to inform Consultant
of non-compliance with any requirement imposes no additional obligations on the
Authority nor does it waive any rights hereunder.
4.12 Requirements Not Limiting. Requirements of specific coverage features or limits
contained in this Section are not intended as a limitation on coverage, limits or other
requirements, or a waiver of any coverage nonnally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification only as it pertains to
a given issue and is not intended by any party or insured to be all inclusive, or to the
exclusion of other coverage, or a waiver of any type. if the Consultant maintains higher
limits than the minimums shown above, the Authority requires and shall be entitled to
coverage for the higher limits maintained by the Consultant. Any available insurance
proceeds in excess of the specified minimum limits of insurance and coverage shall be
available to the Authority.
4.13 Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and
insurers to provide to Authority with a thirty(30) day notice of cancellation (except for
nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for
each required coverage.
4.14 Additional Insured Status. General liability policies shall provide or be endorsed to
provide that Authority and its officers, officials, employees, agents, volunteers, and
members shall be additional insureds under such policies. This provision shall also apply
to any excess/umbrella liability policies.
4.15 Prohibition of Undisclosed Coverage Limitations. None of the coverages required
herein will be in compliance with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to Authority and approved of in
writing.
4.16 Separation of Insureds. A severability of interests provision must apply for all
additional insureds ensuring that Consultant's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with respect to the
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insurer's limits of liability. The policy/policies shall not contain any cross-liability
exclusions.
4.17 Pass Through Clause. Consultant agrees to ensure that its sub-consultants,
subcontractors, and any other party involved with the project who is brought onto or
involved in the project by Consultant, provide the same minimum insurance coverage and
endorsements required of Consultant. Consultant agrees to monitor and review all such
coverage and assumes all responsibility for ensuring that such coverage is provided in
conformity with the requirements of this section. Consultant agrees that upon request, all
agreements with consultants, subcontractors, and others engaged in the project will be
submitted to Authority for review.
4.18 Authority's Right to Revise Specifications. The Authority reserves the right at any time
during the term of the contract to change the amounts and types of insurance required by
giving the Consultant ninety (90) days advance written notice of such change. If such
change results in substantial additional cost to the Consultant, the Authority and
Consultant may renegotiate Consultant's compensation.
4.19 Self-Insured Retentions. Any self-insured retentions must be declared to and approved
by Authority. Authority reserves the right to require that self-insured retentions be
eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to
comply with these specifications unless approved by Authority.
4.20 Timely Notice of Claims. Consultant shall give Authority prompt and timely notice of
claims made or suits instituted that arise out of or result from Consultant's performance
under this Agreement, and that involve or may involve coverage under any of the
required liability policies.
4.21 Additional Insurance. Consultant shall also procure and maintain, at its own cost and
expense, any additional kinds of insurance, which in its own judgment may be necessary
for its proper protection and prosecution of the work.
Section 5. INDEMNIFICATION
Consultant shall indemnify, defend with counsel acceptable to Authority and hold harmless the
Authority and its officials, officers, employees, agents, members, and authorized volunteers from and
against any and all losses, liabilities, claims, suits, actions, arbitration proceedings, administrative
proceedings, regulatory proceedings, damages and expenses of any kind, whether actual or threatened,
(including but not limited to attorneys' fees and costs, court costs, interest defense costs, and expert
witness fees) where the same arise out of, are a consequence of or are in any way attributable to, in
whole or in part, the performance of this Agreement (or the failure to perform)by Consultant or by any
individual or entity for which Consultant is legally liable, including but not limited to officers, agents,
employees or subcontractors of Consultant. Such indemnification, defense and hold harmless extend to
Consultant's provision, use, transport and storage of hazardous materials, as those commonly are
defined under state and federal laws and regulations.
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The foregoing obligation of Consultant shall not apply when(1)the injury, loss of life, damage to
property or violation of law arises wholly from the negligence or willful misconduct of the Authority or
its officers, employees, agents, members, or authorized volunteers and (2) the actions of Consultant or
its employees, subcontractors or agents have contributed in no part to the injury, loss of life, damage to
property, or violation of law.
It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend
as set forth in Section 2778 of the California Civil Code. Acceptance by Authority of insurance
certificates and endorsements required under this Agreement does not relieve Consultant from liability
under this indemnification and hold harmless clause. This indemnification and hold harmless clause
shall apply to any damages or claims for damages whether or not such insurance policies shall have been
determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the
provisions of this Section and that it is a material element of consideration.
Section 6. STATUS OF CONTRACTOR.
6.1 Independent Contractor. At all times during the term of this Agreement, Contractor
shall be an independent contractor and shall not be an employee of Authority. Authority
shall have the right to control Contractor only insofar as the results of Contractor's
services rendered pursuant to this Agreement and assignment of personnel pursuant to
Subparagraph 1.3; however, otherwise Authority shall not have the right to control the
means by which Contractor accomplishes services rendered pursuant to this Agreement.
Notwithstanding any other Authority, state, or federal policy,rule, regulation, law, or
ordinance to the contrary, Contractor providing services under this Agreement shall not
qualify for or become entitled to any compensation, benefit, or any incident of
employment by Authority, including but not limited to eligibility to enroll in the
California Public Employees Retirement System (PERS) as an employee of Authority
and entitlement to any contribution to be paid by Authority for employer contributions
and/or employee contributions for PERS benefits. It is understood by the parties that
Contractor is independent and does not constitute a common law (employer-employee)
relationship and said agreement is exempt for the post-retirement employment
requirements.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with
all applicable local, state and federal laws and regulations applicable to the perfonnance
of the work hereunder.
7.3 Licenses and Permits. Consultant represents and warrants to Authority that Consultant
and its employees, agents, and any subcontractors have all licenses, pennits,
qualifications, and approvals of whatsoever nature that is legally required to practice their
respective professions. Consultant represents and warrants to Authority that Consultant
and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in
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effect at all times during the teen or this Agreement any licenses, pennits, and approvals
that are legally required to practice their respective professions. In addition to the
foregoing, Consultant and any subcontractors shall obtain and maintain during the tenn
of this Agreement valid Business Licenses from Authority.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. Authority and Consultant hereby agree that this Agreement may be
cancelled upon 30 days' written notice.
In the event of termination, Consultant shall be entitled to compensation for services
perfonned to the effective date of tennination; Authority, however, may condition
payment of such compensation upon Consultant delivering to Authority any or all
documents, photographs, computer software, video and audio tapes, and other materials
provided to Consultant or prepared by or for Consultant or the Authority in connection
with this Agreement.
8.2 Extension. Both parties agree that extending the Agreement beyond that provided for in
Subsection 1.1 may be in the best interest of all concerned. Any such extension shall
require a written amendment to this Agreement, as provided for herein. Authority and
Consultant understand and agree that, if both parties agree to such an extension, all terms
and conditions of the original Agreement shall remain the same, and extended to the date
provided for in said amendment.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the
parties.
8.4 Survival. All obligations arising prior to the tennination of this Agreement and all
provisions of this Agreement allocating liability between Authority and Consultant shall
survive the tennination of this Agreement.
8.5 Options upon Breach by Consultant. If Consultant materially breaches any of the terns
of this Agreement, Authority's remedies shall include, but not be limited to, any or all of
the following:
8.5.1 Immediately terminate the Agreement;
8.5.2 Retain the documents, and any other work product prepared by Consultant
pursuant to this Agreement;
8.5.3 Retain a different Consultant to complete the work described in Exhibit A
not finished by Consultant; or
8.5.4 Charge Consultant the difference between the costs to complete the work
described in Exhibit A that is unfinished at the time of breach and the
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amount that Authority would have paid Consultant pursuant to Section 2 if
Consultant had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder, shall be the property of the Authority. Consultant hereby agrees to
deliver those documents to the Authority upon tennination of the Agreement.
9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the Authority under this Agreement for a minimum of three (3) years, or for any longer
period required by law, from the date of final payment to the Consultant to this
Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of,
the Authority. Under California Government Code Section 8546.7, if the amount of
public funds expended under this Agreement exceeds Ten Thousand Dollars
($10,000.00), the Agreement shall be subject to the examination and audit of the State
Auditor, at the request of Authority or as part of any audit of the Authority, for a period
of three (3) years after final payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attornevs' Fees. If either party to this Agreement brings any action, including an action
for declaratory relief, to enforce or interpret the provision of this Agreement, the
prevailing party shall be entitled to reasonable attorneys' fees in addition to any other
relief to which that party may be entitled. The court may set such fees in the same action
or in a separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the parties agree that trial of such action shall be vested exclusively in
Orange County.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of
this Agreement.
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10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that tern or any other teen
of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the parties.
10.6 Consultant Representative. All matters under this Agreement shall be handled for
Consultant by Barbara Thorpe.
10.7 Authoritv Contract Administration. This Agreement shall be administered by Nonnan
Lefinann ("Contract Administrator"). All correspondence shall be directed to or through
the Contract Administrator or his designee.
10.8 Notices. Any written notice to Consultant shall be sent to:
Barbara Thorpe, President/CEO
Disability Access Consultants
2243 Feather River Boulevard
Oroville, CA 95965
Any written notice to Authority shall be sent to the project representative, Abraham Han.
10.9 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibit A, represents the entire and integrated agreement between
Authority and Consultant and supersedes all prior negotiations, representations, or
agreements, either written or oral.
10.10 Counterparts. This Agreement maybe executed in multiple counterparts, each of which
shall be an original and all of which together shall constitute one agreement.
The Parties have executed this Agreement as of the Effective Date.
AUTHORITY CONSULTANT
Jot hull, Chief Executive 0fd cer Barbara Thorpe, President/CEO
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EXHIBIT A
SCOPE OF SERVICES
Consultant will provide the necessary professional services:
1. Assistance Level 1: Member Assessment and Overall Diagnostic Profile
Consultant will perform an assessment to determine the current level of ADA compliance, in
accordance with Title II of the Americans with Disabilities Act, Section 504 of the
Rehabilitation Act and Title 24 of the California Building Code, and plan a course of action
to enhance compliance. Consultant will review the initiatives of the Member to assess
whether the Member has met any or all of the mandatory compliance requirements of the
ADA, Section 504 of the Rehabilitation Act and Title 24 and related accessibility standards
and requirements. If, after review, it is determined that the member needs to complete or
revise any of the required compliance components, Consultant will provide a recommended
compliance plan that may include other assistance-level options.
All members participating in the Authority's ADA Assistance Program shall receive
Assistance Level 1 by default.
Following is a list of items determined during an assessment:
• An ADA coordinator has been designated, noticed, and posted.
• Each site has a current transitionibarrier removal plan that meets the requirements
under Title II of the ADA.
• A self-evaluation of programs, services, activities, policies,procedures, and practices
has been completed.
• The member has updated its current transition/barrier removal plan, if applicable.
• Current ADA transition/barrier removal plans include all sites, such as new sites
added since the completion of the previous plan.
• Space leased "to" others by the member is identified.
• Any current ADA-related concerns or issues are identified, including any pending or
actual litigation.
• The member may need questions answered regarding the ADA, Title 24 of the
California Building Code (CBC) or related accessibility standards.
• Staff development activities have been provided or are requested.
• Methods and priorities are recommended to members for achieving ADA compliance.
2. Assistance Level 2: Inspection of Sites, Development of Transition/Barrier Removal Plans
Consultant will inspect sites that may be new or not inspected previously, or have had
extensive modernization or major remodeling. Work will include inspection of member
facilities and public rights-of-way, and identification of barriers to accessibility, solutions to
remove these barriers, and incorporation of the information into Consultant's accessibility
management software.
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As part of Assistance Level 2, Consultant will provide training regarding the use of the
management portion of DACTrak. Assistance Level 2 does not include comprehensive
training in the use of DACTrak for the member to collect their own data.
3. Assistance Level 3: Self-Evaluation of Policies, Procedures, Practices
Consultant will conduct a review of policies, procedures, and practices to determine if any
are discriminatory or potentially discriminatory. Programs, services, and activities would be
reviewed to determine accessibility by persons with disabilities.
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EXHIBIT B
RATES AND SCHEDULE OF PAYMENTS
Billing and Reimbursement:
1. Assistance Level 1: Member Assessment and Overall Diagnostic Profile
The rate for this assistance level is a total one-time charge per member of$2,800, which
includes all expenses.
2. Assistance Level 2: Inspection of Sites, Development of Transition/Barrier Removal Plans
The hourly rate is $98 per consultant, plus actual expenses. Any amounts for services
provided beyond the$16,500 per-member funding allowance will be billed to Authority for
payment.
DACTrak Software License
Members that have DAC perform inspections of all facilities and public rights of way
(Assistance Level 2) shall receive a one-year DACTrak software license at no cost to either
the member or the Authority.
In all other instances, the Authority shall pay the first year of the DACTrak software license
fee for the member.
Any DACTrak software license fees beyond the first year shall be paid by the member and
not by the Authority.
The DACTrak annual software license fee is $2,000.
3. Assistance Level 3: Self-Evaluation of Policies, Procedures, Practices
The hourly rate is $98 per consultant, plus actual expenses. For amounts for services
provided beyond the$5,000 per-member funding allowance will be billed to Authority for
payment.
4. Expenses
Reasonable, actual expenses will be charged as authorized by Authority and may include
mileage at the IRS rate, hotel, meals, rental car, airfare (no first-class flights) and travel time.
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