Loading...
HomeMy WebLinkAbout2015-07-14; City Council; 22030; Agreement Disability Access Consultants LLC (DAC) for ADA Transition PlanCITY OF CARLSBAD - AGENDA BILL AB# 22,030 APPROVE AGREEMENT WITH DISABILITY ACCESS CONSULTANTS, LLC (DAC), IN AN AMOUNT NOT TO EXCEED $139,900.00, FOR COMPLETION OF AN ADA TRANSITION PLAN DEPT. DIRECTOR QJ(^ MTG. 07/14/15 APPROVE AGREEMENT WITH DISABILITY ACCESS CONSULTANTS, LLC (DAC), IN AN AMOUNT NOT TO EXCEED $139,900.00, FOR COMPLETION OF AN ADA TRANSITION PLAN CITY ATTORNEY 0^ DEPT. ASD/RISK APPROVE AGREEMENT WITH DISABILITY ACCESS CONSULTANTS, LLC (DAC), IN AN AMOUNT NOT TO EXCEED $139,900.00, FOR COMPLETION OF AN ADA TRANSITION PLAN CITY MANAGER RECOMMENDED ACTION: Approval of Resolution No. 2015-186 , approving an Agreement with Disability Access Consultants, LLC (DAC) for Completion of an ADA Transition Plan. ITEM EXPLANATION: Title 24 ofthe California Building Code, section 504 and related Federal, State and local disability related nondiscrimination laws require entities to comply and implement accessibility requirements on all public facilities. With the retention of experts in disability access, the city completed part of this significant transition plan in 2012 by conducting an inspection of major public walkways and sidewalks. This second stage involves the inspection of all public buildings and completing appropriate recommendations to remove any barriers which hinder access to public buildings and facilities pursuant to current ADA regulations. Services are needed from a vendor with significant experience in ADA law and regulations to conduct a proper inspection of all city facilities. In April of 2015, a Request for Proposal (RFP) for completion of an ADA Transition Plan was released. Seven vendors responded to the RFP, and Disability Access Consultants, LLC was selected as the vendor best qualified to assist the City of Carlsbad on this important project. Disability Access Consultants, LLC was formed in 1998 and has assisted public entities all over the nation on ADA issues and has conducted over 14,000 building inspections to date. Staff recommends retaining Disability Access Consultants, LLC at a cost not to exceed $139,900.00. FISCAL IMPACT: This one-time fee will be paid through the Risk Management budget. DEPARTMENT CONTACT: Ed Garbo, (760) 602-2471, ed.garbo@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED a CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURN ED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • Page 2 ENVIRONMENTAL IMPACT: This action is not a "project" within the definition ofthe California Environmental Quality Act in that it does not have a direct or indirect impact on the physical environment under California Code of Regulations, Title 14, Chapter 3, section 15378. EXHIBITS: Resolution No 2015-186 Approving the Agreement with Disability Access Consultants, LLC (DAC) for Completion of ADA Transition Plan Agreement between City and Disability Access Consultants, LLC EXHIBIT 1 1 RESOLUTION NO. 2015-186 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, 3 CALIFORNIA, APPROVING THE AGREEMENT WITH DISABILITY ACCESS CONSULTANTS, LLC (DAC) FOR COMPLETION OF AN ADA 4 TRANSITION PLAN 16 17 18 19 20 WHEREAS, the city desires to retain the services of an Americans with Disability Act 5 6 7 (ADA) expert to complete an ADA Transition Plan for city facilities; and 8 WHEREAS, through a Request for Proposal (RFP) a contractor was selected to complete this service for a fee not to exceed $139,900.00; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: 1. That the above recitations are true and correct. 9 10 11 12 13 14 2. That the Mayor is hereby authorized to execute a contract between the City of 15 Carlsbad and Disability Access Consultants, LLC in the amount of $139,900.00. /// /// /// 21 /// 22 /// 23 24 25 26 27 /// 28 /// /// /// 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the 14*^ day of July, 2015, by the following vote to wit: AYES: NOES: Council Members Hall, Blackburn, Schumacher, Wood, Packard. None. ABSENT: None. MATTtlALL, Mayor ATTEST: > '<.-'~o- <• ^ BARBARA E^|fi^^^^OMfcity Clerk (SEAL)/oV;;.'« CA1239 AGREEMENT FOR AMERICANS WITH DISABILITIES ACT CONSULTING SERVICES DISABILITY ACCESS CONSULTANTS, LLC AGREEMENT is made and entered into as of the \^ day of 2015, by and between the CITY OF CARLSBAD, a municipal (-ation, uyCity"), and DISABILITY ACCESS CONSULTANTS, a California limited liability Oration, rContractor"). RECITALS A. City requires the professional services of an ADA consultant that is experienced in conducting a comprehensive ADA Transition Plan. B. Contractor has the necessary experience in providing professional services and advice related to the inspection of city facilities and make recommendations for removal of barriers which hinder access to all public facilities. C. Contractor has submitted a proposal to City in response to a Request for Proposal, and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein. City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of nine (9) months from the date first above written. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be one hundred thirty nine thousand nine hundred dollars ($139,900). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as City Attorney Approved Version 4/1/15 5 CAI 239 necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election. City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney's fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSUFtANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. City Attorney Approved Version 4/1/15 CA1239 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate. Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liabilitv Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liabilitv. (If the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Emplover's Liabilitv. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liabilitv. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life ofthe Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. City Attorney Approved Version 4/1/15 7 CAI 239 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period ofthree (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For Citv For Contractor Name Ed Garbo Name Barbara Thorpe Title Finance Manager Title President Department Finance - Risk Mgmt Address 2243 Feather River Blvd. City of Carlsbad Oroville, CA 95965 Address 1635 FaradayAvenue Phone No. 800-743-7067 Carlsbad Email bthorpe@dac-corp.com Phone No. 760-602-2471 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, City Attorney Approved Version 4/1/15 CAI 239 ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not othenA/ise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be fonrt/arded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action ofthe City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination. Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and ofthe percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or othenwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. City Attorney Approved Version 4/1/15 CAI 239 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 etseq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. /// /// /// /// /// /// /// /// /// ID CAI 239 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTF^CTOR CITY OF CARLSBAD, a municipal DISABILITY ACCESS CONSULTANTS corporation of the State of California a California limited liability corporation (sign here) (print name/title) ATTEST: By: (sign here) BARBARA EN City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation. Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: Ck^ Assistant City Att\)rney ll CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF California )SS COUNTY OF Butte ) On 6/23/2015 before me, Terri Geroy , Notary Public, personally appeared Barbara A. Thorpe who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. riy+T^d and official seal. JUJ) WITNESS my^^fhd and official seal. , A -J'^TERRl GEROY^ ^^^N^ r.. ^ ^ mi,,,, xy >«-^")(^( CO Commission #1954182 ^ Signature A 4^ yl yiA ^yC^^T^ ^ ^ -\—- CL Notaiy Public-Califomia f w Butte County T This area for official notarial seal. OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documents. H INDIVIDUAL [>n CORPORATE OFFICERfS^ TTTLEfS) 't^S / 0£ J^f I I PARTNER(S) • LIMITED • GENERAL I I ATTORNEY-IN-FACT I I TRUSTEE(S) I I GUARDIAN/CONSERVATOR I I OTHER SIGNER IS REPRESENTING: Name of Person or Entity Name of Person or Entity OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES DATE OF DOCUMENT O SIGNER(S) OTHER THAN NAMED ABOVE Reproduced by First American Title Company 11/2007 12- CA1239 EXHIBIT "A" SCOPE OF SERVICES 1. Document Survey (and initial project kick-off orientation meeting) Disability Access Consultants, LLC (DAC) will conduct an initial project kick-off meeting with selected City of Carlsbad staff to establish roles and lines of communication, refine project goals, review the overall project schedule, schedule surveys of City of Carlsbad facilities and identify key City of Carlsbad personnel related to the project scope. Initial self-evaluation activities will be completed during this step. DAC will review existing and archived documents related to accessibility and identify documents that will be used or relate to the audit process and survey. 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. As determined at the initial project kick off meeting, DAC will review the applicable existing and archived City documents that will provide the basis of the audit process and surveys. 2. Policy Survey DAC will review City policies, documentation and program procedures to identify issues which may be discriminatory. The review will include City policy documents that affect the public in accordance with Title II of the ADA. The current level of program accessibility will be assessed and will include communications, emergency procedures, website accessibility, alternate formats, auxiliary aids, accommodation statements, notices of nondiscrimination, training efforts, grievance procedures and the tracking and resolution of grievances and complaints. A "programmatic" plan will be developed for additions or changes to current policies and procedures In addition, DAC will review a sample of plans and make comments regarding any areas that are noted to not be compliant or recommendations regarding the drawings related to accessibility requirements and standards. DAC will provide the City with an executive summary noting the results of the policy review. 3. Facility Diagrams DACTrak will provide detailed information regarding the location of the architectural barriers and will include a record number, detailed description, photographs and GIS information as appropriate. Existing facility drawings will be inserted into DACTrak. CAI 239 4. Facility Survey DAC will conduct field surveys ofthe public buildings, parks and sites listed in the RFP. Surveys will identify all physical barriers (interior and exterior) including the parking and path of travel in and around the facility and from the public right-of-way at each site in accordance with Title 24 ofthe California Building Code and the ADA Standards (previously referred to as ADAAG). As required by the ADA, the 2010 ADA Standards will be compared with state codes (Title 24 ofthe 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. DAC surveys the exterior sites from the point of entry from the public right-of-way, as required, and all exterior and interior items and elements in accordance with the ADA and the California Building Code. 5. Facility Reports 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 ofthe California Building Code. Barriers are identified by building, floor, or location and given a unique identifier record number (UIN) to assist with navigation in the accessibility software and location of the finding 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. 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, sen/ices or activities for individuals with disabilities. The schedule for removal of barriers and appropriate timelines will be developed in consultation with the City. Reports can be prepared by the City using the DACTrak software that will produce reports by site, portions of the site, and selected buildings in a group or many other functions that are available in DACTrak. 6. Baseline Condition It is understood that the City is not requesting that the consultant inspect public rights-of-way for accessibility compliance as this has previously been completed in 2012. CAI 239 7. Transition Plan The transition plan will include a review of the policy findings and the review of the evaluation of programs, services, activities and events ofthe City. The plan will include recommendations or modifications to program policies and procedures and any new policies that may need to be developed. The DACTrak web based accessibility system will be licensed to the City at no charge for a minimum ofthree years to track compliance, document progress and provide an ongoing plan for future implementation in phases. DACTrak will include priorities, estimated costs, code references and photographs. Projected timelines for barrier removal will need to be provided by the City. DAC or the City can enter the projected timelines and/or projected dates for barrier removal in collaboration with the City. The field survey information will be presented to the City 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. The survey data will be compiled into a transition plan which will identify actual as-is conditions and prioritize current barriers, provide a schedule for barrier removal, as well as establish procedures for addressing future accessibility issues. The transition plan data is able to be exported to Excel or PDF formats. The transition plan data will include photographs, findings, recommendations, code references, estimated costs, priority settings (in addition to prioritized report) in accessibility software for accessibility management. Photographs and GIS coordinates are valuable for the development of the transition plan. 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. DAC will develop, in collaboration with the City, a comprehensive ADA self-evaluation and transition plan for facilities, buildings and parks. DAC will develop a first draft of the ADA transition plan with recommended priority levels. DAC will meet with the City and a citizen ADA advisory group to review the draft document and incorporate any comments, changes or feedback. DAC will prepare and produce a second draft with a detailed description ofthe barrier and the proposed method for barrier removal. 8. Preparation and Presentation of Findings DAC will train the City in the use ofthe DACTrak web based accessibility management system to prepare the types of reports requested by the City and how to use DACTrak to update and manage the ADA Plan. DAC will present the draft ADA transition plan at a regularly scheduled council meeting for discussion and for informational purposes. DAC does not recommend that the plan be adopted by the City, as adoption is not required and may cause additional discussion regarding projected dates in the plan that are meant to be "projected and estimated dates" and not final dates of barrier removal. DAC will attend at least three meetings with City staff and a citizen ADA advisory group. 10 CA1239 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 Sun/ey 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 for a period of three years at no cost to manage all of the field data collected, print custom reports, document progress, estimate costs and perform other management functions; Data collected will be the property of the City should the City decide for any reason not to continue to use the DACTrak accessibility intake and management software system; DACTrak will include and provide correlation with field data collected, reports, transition plans, drawings, code references, estimated costs and photographs for each noncompliant accessibility item or element; Reference maps for GIS information will be provided in addition to a linked mapping system for each item; DACTrak provides a description, location and record number for each barrier that allows the user to access the information and location. If needed, DAC will attend a second interim meeting with the City and a citizen ADA advisory group to prepare a second draft of the transition plan for review. When approved, DAC will present the final draft ofthe transition plan at a regularly scheduled City Council meeting if requested by the City. It is not required that the transition plan be approved by Council. Projected dates that are incorporated into the plan may become problematic if the dates are not met. The plan is intended to be a working, ongoing plan that benefits from flexibility. The total cost of these services will be $139,900. 11 Donna Heraty From: Donna Heraty Sent: Thursday, July 16, 2015 1:55 PM To: 'bthorpe@dac-corp.com' Cc: Shelley Collins; Ed Garbo Subject: REQUIRED CONFUCT OF INTEREST Attachments: Resolution No. 2015-050.pdf To Whom It May Concern: You are receiving this email because your company has a consultant agreement with the City of Carlsbad. The City of Carlsbad's Conflict of Interest Code requires all consultants to file a statement disclosing certain economic interests, that may foreseeably be affected materially by any decisions made, or participated in, by a designated official because of their position. To comply with this requirement a Statement of Economic Interest Form 700 "Assuming Office" is required to be filed with the City of Carlsbad City Clerk's Office. To file your Assuming Office statement, please follow the instructions below: • As reflected in the City Conflict of Interest Code - Resolution No. 2015-050 (attached), the employee(s) of your company that work directly with citv staff are required to complete the Statement of Economic Interest Form (Form 700). Consultants are required to claim - Category (A) Investment and Real Property Disclosure Category (B) Personal Income Disclosure Category (C) Business Entity income Disclosure Category (D) Business Position Disclosure • Your "Assuming Office" date for this filing is July 16, 2015. • Even if there are no reportable interests, the cover page is still required to be completed with box "None" in Section 4 checked. • THE COMPLETED FORM 700 IS DUE IN THE CITy aERK'S OFFICE BY 5:00 PM. AUGUST 16. 2015. Mailing Address: Citv Clerk's Office. 1200 Carlsbad Village Drive. Carlsbad. CA 92008. • Form 700 • Form 700 Reference Pamphlet Other documents vou mav use as reference: • FAQ: Form 700 Disclosure • Local Gift Fact Sheet In addition, when your contract with the City of Carlsbad is completed, the employee(s) that filed the Assuming Office statement is/are required to file a "Leaving Office" statement, utilizing the same Form 700 and entering the date the contract ended in the "Leaving Office" date line, and submitting to the City Clerk's Office no later than 30 days following completion ofthe agreement. ^^Failure to file the Assuming and/or Leaving Office statement(s) could result in penalties assessed at $10.00 per day, not to exceed $100.00, in addition to any other penalties per Caiifornia Government Section Code 91013. 1 If you have any questions or need additionai information, please feel free to contact me or the Fair Political Practices Commission (FPPC) at 1-866-ASK-FPPC (1-866-275-3772). Sincerely, Donna Heraty. CARLSBAD Donna Heraty, CMC Deputy City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 www.carlsbadca.gov P: 760-434-2808 F: 760-720-6917 donna.heratv@carlsbadca.gov Please consider the environment before printing this e-mail