HomeMy WebLinkAbout2026-28 Disability Access Consultants, LLC - ADA Compliance & Transition PlanMEMORANDUM
DATE: 07/21 /2026
TO: Jon McMillen,City Manager
FROM: Oscar Mojica, Deputy City Clerk
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CALIFORNIA -
RE: Disability Access Consultants - ADA Compliance Assessment and Transition Plan Consulting Services
Please list the Contracting Party/ Vendor Name, any change orders or amendments, and the type of services to be provided. Make
sure to list any related Project No. and Project Name.
Authority to execute this agreement is based upon:
❑✓ Approved by City Council on July 21, 2026 C13
City Manager's signing authority provided under the City's Purchasing & Contracting Policy
[Resolution No. 2023-008] for budget expenditures of $50,000 or less.
City Manager's signing authority provided under the City's Personnel Policy Section 3.2 for
temporary employment positions.
Department Director's or Manager's signing authority provided under the City's Purchasing Policy
[Resolution No. 2023-008] for budget expenditures of $15,000 and $5,000, respectively, or less.
Procurement Method (one must anal
Bid ❑✓ RFP RFQ 3 written informal bids
F1Sole Source Select Source Cooperative Procurement
Requesting department shall check and attach the items below as appropriate.
❑✓ Agreement payment will be charged to Account No.: 101-1005-60103
0 Agreement term: Start Date July 22, 2026
FVIAmount of Agreement, Amendment, Change Order, etc.
End Date
$ 250,000
June 30, 2028
REMINDER: Signing authorities listed above are applicable on the aggregate Agreement amount, not individual
Amendments or Change Orders!
Insurance certificates as required by the Agreement for Risk Manager approval
Approved by: Oscar Mojica (MyCOI) Date: 7/24/2026
NOTE:
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Bonds (originals) as required by the Agreement (Performance, Payment, etc.)
Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s)
Review the "Form 700 Disclosure for Consultants" guidance to determine if a Form 700 is required pursuant
FPPC regulation 18701(2)
Business License No. LIC-0774351-2026 Expires: In Progress
Requisition for a Purchase Order has been prepared (Agreements over $5,000)
AGREEMENT FOR CONTRACT SERVICES
This Agreement for Contract Services (the "Agreement") is made and entered into
by and between the City of La Quinta, ("City"), a California Municipal Corporation and
Charter City organized under the Constitution and laws of the State of California with its
principal place of business at 78495 Calle Tampico, La Quinta, California 92253, and
Disability Access Consultants, LLC, California Limited Liability Corporation, with a place
of business at 2862 Olive Highway, Suite D, Oroville, CA 95966 ("Contracting Party").
The parties hereto agree as follows:
1. SERVICES OF CONTRACTING PARTY.
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Contracting Party shall provide those services related to Americans with
Disabilities Act Compliance Assessment and Transition Plan Consulting Services, as
specified in the "Scope of Services" attached hereto as "Exhibit A" and incorporated
herein by this reference (the "Services"). Contracting Party represents and warrants that
Contracting Party is a provider of first-class work and/or services and Contracting Party
is experienced in performing the Services contemplated herein and, in light of such status
and experience, Contracting Party covenants that it shall follow industry standards in
performing the Services required hereunder, and that all materials, if any, will be of good
quality, fit for the purpose intended. For purposes of this Agreement, the phrase "industry
standards" shall mean those standards of practice recognized by one or more first-class
firms performing similar services under similar circumstances.
1.2 Compliance with Law. All Services rendered hereunder shall be provided
in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of
the City and any Federal, State, or local governmental agency of competent jurisdiction.
1.3 Wage and Hour Compliance. Contracting Party shall comply with applicable
Federal, State, and local wage and hour laws.
1.4 Licenses, Permits, Fees and Assessments. Except as otherwise specified
herein, Contracting Party shall obtain at its sole cost and expense such licenses, permits,
and approvals as may be required by law for the performance of the Services required by
this Agreement, including a City of La Quinta business license. Contracting Party and its
employees, agents, and subcontractors shall, at their sole cost and expense, keep in
effect at all times during the term of this Agreement any licenses, permits, and approvals
that are legally required for the performance of the Services required by this Agreement.
Contracting Party shall have the sole obligation to pay for any fees, assessments, and
taxes, plus applicable penalties and interest, which may be imposed by law and arise
from or are necessary for the performance of the Services required by this Agreement,
and shall indemnify, defend (with counsel selected by City), and hold City, its elected
officials, officers, employees, and agents, free and harmless against any such fees,
assessments, taxes, penalties, or interest levied, assessed, or imposed against City
hereunder. Contracting Party shall be responsible for all subcontractors' compliance with
this Section.
Revised — Sept. 2025
1.5 Familiarity with Work. By executing this Agreement, Contracting Party
warrants that (a) it has thoroughly investigated and considered the Services to be
performed, (b) it has investigated the site where the Services are to be performed, if any,
and fully acquainted itself with the conditions there existing, (c) it has carefully considered
how the Services should be performed, and (d) it fully understands the facilities,
difficulties, and restrictions attending performance of the Services under this Agreement.
Should Contracting Party discover any latent or unknown conditions materially differing
from those inherent in the Services or as represented by City, Contracting Party shall
immediately inform City of such fact and shall not proceed except at Contracting Party's
risk until written instructions are received from the Contract Officer, or assigned
designee (as defined in Section 4.2 hereof).
1.6 Standard of Care. Contracting Party acknowledges and understands that
the Services contracted for under this Agreement require specialized skills and abilities
and that, consistent with this understanding, Contracting Party's work will be held to an
industry standard of quality and workmanship. Consistent with Section 1.5 hereinabove,
Contracting Party represents to City that it holds the necessary skills and abilities to satisfy
the industry standard of quality as set forth in this Agreement. Contracting Party shall
adopt reasonable methods during the life of this Agreement to furnish continuous
protection to the Services performed by Contracting Party, and the equipment, materials,
papers, and other components thereof to prevent losses or damages, and shall be
responsible for all such damages, to persons or property, until acceptance of the Services
by City, except such losses or damages as may be caused by City's own negligence.
The performance of Services by Contracting Party shall not relieve Contracting Party from
any obligation to correct any incomplete, inaccurate, or defective work at no further cost
to City, when such inaccuracies are due to the negligence of Contracting Party.
1.7 Additional Services. In accordance with the terms and conditions of this
Agreement, Contracting Party shall perform services in addition to those specified in the
Scope of Services ("Additional Services") only when directed to do so by the Contract
Officer, or assigned designee, provided that Contracting Party shall not be required to
perform any Additional Services without compensation. Contracting Party shall not
perform any Additional Services until receiving prior written authorization through a duly
executed written amendment or change order from the Contract Officer, or assigned
designee, incorporating therein any adjustment in (i) the Contract Sum, in accordance
with Section 2.3 of this Agreement, and/or (ii) the time to perform this Agreement, which
said adjustments are subject to the written approval of Contracting Party. It is expressly
understood by Contracting Party that the provisions of this Section shall not apply to the
Services specifically set forth in the Scope of Services or reasonably contemplated
therein. It is specifically understood and agreed that oral requests and/or approvals of
Additional Services shall be barred and are unenforceable. Failure of Contracting Party
to secure the Contract Officer's, or assigned designee's written, authorization for
Additional Services shall constitute a waiver of any and all right to adjustment of the
Contract Sum or time to perform this Agreement, whether by way of compensation,
restitution, quantum meruit, or the like, for Additional Services provided without the
appropriate authorization from the Contract Officer, or assigned designee.
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1.8 Special Requirements. Additional terms and conditions of this Agreement,
if any, which are made a part hereof are set forth in "Exhibit D" (the "Special
Requirements"), which is incorporated herein by this reference and expressly made a part
hereof. In the event of a conflict between the provisions of the Special Requirements and
any other provisions of this Agreement, the provisions of the Special Requirements shall
govern.
2.1 Contract Sum. For the Services rendered pursuant to this Agreement,
Contracting Party shall be compensated in accordance with "Exhibit B" (the "Schedule of
Compensation") in a total amount not to exceed Two Hundred and Fifty Thousand Dollars
($250,000), for the life of the Agreement, encompassing the Initial and any Extended
Terms (the "Contract Sum"), except as provided in Section 1.7. The method of
compensation set forth in the Schedule of Compensation may include a lump sum
payment upon completion, payment in accordance with the percentage of completion of
the Services, payment for time and materials based upon Contracting Party's rate
schedule, but not exceeding the Contract Sum, or such other reasonable methods as may
be specified in the Schedule of Compensation. The Contract Sum shall include the
attendance of Contracting Party at all project meetings reasonably deemed necessary by
City; Contracting Party shall not be entitled to any additional compensation for attending
said meetings. Compensation may include reimbursement for actual and necessary
expenditures for reproduction costs, transportation expense, telephone expense, and
similar costs and expenses when and if specified in the Schedule of Compensation.
Regardless of the method of compensation set forth in the Schedule of Compensation,
Contracting Party's overall compensation shall not exceed the Contract Sum, except as
provided in Section 1.7 of this Agreement.
2.2 Method of Billing & Payment. Any month in which Contracting Party wishes
to receive payment, Contracting Party shall submit to City no later than the tenth
(10th) working day of such month, in the form approved by City's Finance Director, an
invoice for Services rendered prior to the date of the invoice. Such invoice shall
(1) describe in detail the Services provided, including time and materials, and (2) specify
each staff member who has provided Services and the number of hours assigned to each
such staff member. Such invoice shall contain a certification by a principal member of
Contracting Party specifying that the payment requested is for Services performed in
accordance with the terms of this Agreement. Upon approval in writing by the Contract
Officer, or assigned designee, and subject to retention pursuant to Section 8.3, City will
pay Contracting Party for all items stated thereon which are approved by City pursuant to
this Agreement no later than thirty (30) days after invoices are received by the City's
Finance Department.
2.3 Compensation for Additional Services. Additional Services approved in
advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this
Agreement shall be paid for in an amount agreed to in writing through a duly executed
amendment or change order by both City and Contracting Party in advance of the
Additional Services being rendered by Contracting Party. Any compensation for
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Additional Services amounting to five percent (5%) of the Contract Sum or Fifteen
Thousand Dollars ($15,000), whichever is less, may be approved by the Contract Officer,
or assigned designee. Any greater amount of compensation for Additional Services must
be approved by the La Quinta City Council, the City Manager, or Department Director,
depending upon City laws, regulations, rules and procedures concerning public
contracting. Under no circumstances shall Contracting Party receive compensation for
any Additional Services without prior written approval through a duly executed
amendment or change order for the Additional Services is obtained from the Contract
Officer, or assigned designee, pursuant to Section 1.7 of this Agreement.
3. PERFORMANCE SCHEDULE.
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement. If the Services are not completed in accordance with the Schedule of
Performance, as set forth in Section 3.2 and "Exhibit C", it is understood that the City will
suffer damage.
3.2 Schedule of Performance. All Services rendered pursuant to this
Agreement shall be performed diligently and within the time period established in "Exhibit
C" (the "Schedule of Performance"). Extensions to the time period specified in the
Schedule of Performance may be approved in writing by the Contract Officer, or
assigned designee.
3.3 Force Majeure. The time period specified in the Schedule of Performance
for performance of the Services rendered pursuant to this Agreement shall be extended
because of any delays due to unforeseeable causes beyond the control and without the
fault or negligence of Contracting Party, including, but not restricted to, acts of God or of
the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots,
strikes, freight embargoes, acts of any governmental agency other than City, and
unusually severe weather, if Contracting Party shall within ten (10) days of the
commencement of such delay notify the Contract Officer, or assigned designee, in
writing of the causes of the delay. The Contract Officer, or assigned designee, shall
ascertain the facts and the extent of delay, and extend the time for performing the
Services for the period of the forced delay when and if in the Contract Officer's judgment
such delay is justified, and the Contract Officer's determination, or assigned designee,
shall be final and conclusive upon the parties to this Agreement. Extensions to time
period in the Schedule of Performance which are determined by the Contract Officer, or
assigned designee, to be justified pursuant to this Section shall not entitle the
Contracting Party to additional compensation in excess of the Contract Sum.
3.4 Term. Unless earlier terminated in accordance with the provisions in
Article 8.0 of this Agreement, the term of this agreement shall commence on July 22,
2026, and terminate on June 30, 2028 ("Initial Term"). This Agreement may be extended
for one (1) additional year upon mutual agreement by both parties ("Extended Term"),
and executed in writing.
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4. COORDINATION OF WORK.
4.1 Representative of Contracting Party. The following principals of Contracting
Party ("Principals") are hereby designated as being the principals and representatives of
Contracting Party authorized to act in its behalf with respect to the Services specified
herein and make all decisions in connection therewith:
(a) Tim Mahoney, General Manager
Telephone No.: (800) 743-7067
Email: tmahoney(a dac-corp.com
(b) Barbara Thorpe, President
Telephone No.: (800) 743-7067
Email: bthorpe dac-corp.com
It is expressly understood that the experience, knowledge, capability, and
reputation of the foregoing Principals were a substantial inducement for City to enter into
this Agreement. Therefore, the foregoing Principals shall be responsible during the term
of this Agreement for directing all activities of Contracting Party and devoting sufficient
time to personally supervise the Services hereunder. For purposes of this Agreement,
the foregoing Principals may not be changed by Contracting Party and no other personnel
may be assigned to perform the Services required hereunder without the express written
approval of City.
4.2 Contract Officer. The "Contract Officer", otherwise known as Bryan
McKinney, Public Works Director/City Engineer or assigned designee may be designated
in writing by the City Manager of the City. It shall be Contracting Party's responsibility to
assure that the Contract Officer, or assigned designee, is kept informed of the progress
of the performance of the Services, and Contracting Party shall refer any decisions, that
must be made by City to the Contract Officer, or assigned designee. Unless otherwise
specified herein, any approval of City required hereunder shall mean the approval of the
Contract Officer, or assigned designee. The Contract Officer, or assigned designee,
shall have authority to sign all documents on behalf of City required hereunder to carry
out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability, and reputation of Contracting Party, its principals, and its
employees were a substantial inducement for City to enter into this Agreement. Except
as set forth in this Agreement, Contracting Party shall not contract or subcontract with
any other entity to perform in whole or in part the Services required hereunder without the
express written approval of City. In addition, neither this Agreement nor any interest
herein may be transferred, assigned, conveyed, hypothecated, or encumbered,
voluntarily or by operation of law, without the prior written approval of City. Transfers
restricted hereunder shall include the transfer to any person or group of persons acting in
concert of more than twenty five percent (25%) of the present ownership and/or control
of Contracting Party, taking all transfers into account on a cumulative basis. Any
attempted or purported assignment or contracting or subcontracting by Contracting Party
without City's express written approval shall be null, void, and of no effect. No approved
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transfer shall release Contracting Party of any liability hereunder without the express
consent of City.
4.4 Independent Contractor. Neither City nor any of its employees shall have
any control over the manner, mode, or means by which Contracting Party, its agents, or
its employees, perform the Services required herein, except as otherwise set forth herein.
City shall have no voice in the selection, discharge, supervision, or control of Contracting
Party's employees, servants, representatives, or agents, or in fixing their number or hours
of service. Contracting Party shall perform all Services required herein as an independent
contractor of City and shall remain at all times as to City a wholly independent contractor
with only such obligations as are consistent with that role. Contracting Party shall not at
any time or in any manner represent that it or any of its agents or employees are agents
or employees of City. City shall not in any way or for any purpose become or be deemed
to be a partner of Contracting Party in its business or otherwise or a joint venture or a
member of any joint enterprise with Contracting Party. Contracting Party shall have no
power to incur any debt, obligation, or liability on behalf of City. Contracting Party shall
not at any time or in any manner represent that it or any of its agents or employees are
agents or employees of City. Except for the Contract Sum paid to Contracting Party as
provided in this Agreement, City shall not pay salaries, wages, or other compensation to
Contracting Party for performing the Services hereunder for City. City shall not be liable
for compensation or indemnification to Contracting Party for injury or sickness arising out
of performing the Services hereunder. Notwithstanding any other City, state, or federal
policy, rule, regulation, law, or ordinance to the contrary, Contracting Party and any of its
employees, agents, and subcontractors providing services under this Agreement shall not
qualify for or become entitled to any compensation, benefit, or any incident of employment
by City, including but not limited to eligibility to enroll in the California Public Employees
Retirement System (TERS") as an employee of City and entitlement to any contribution
to be paid by City for employer contributions and/or employee contributions for PERS
benefits. Contracting Party agrees to pay all required taxes on amounts paid to
Contracting Party under this Agreement, and to indemnify and hold City harmless from
any and all taxes, assessments, penalties, and interest asserted against City by reason
of the independent contractor relationship created by this Agreement. Contracting Party
shall fully comply with the workers' compensation laws regarding Contracting Party and
Contracting Party's employees. Contracting Party further agrees to indemnify and hold
City harmless from any failure of Contracting Party to comply with applicable workers'
compensation laws. City shall have the right to offset against the amount of any payment
due to Contracting Party under this Agreement any amount due to City from Contracting
Party as a result of Contracting Party's failure to promptly pay to City any reimbursement
or indemnification arising under this Section.
4.5 Identity of Persons Performing Work. Contracting Party represents that it
employs or will employ at its own expense all personnel required for the satisfactory
performance of any and all of the Services set forth herein. Contracting Party represents
that the Services required herein will be performed by Contracting Party or under its direct
supervision, and that all personnel engaged in such work shall be fully qualified and shall
be authorized and permitted under applicable State and local law to perform such tasks
and services.
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4.6 City Cooperation. City shall provide Contracting Party with any plans,
publications, reports, statistics, records, or other data or information pertinent to the
Services to be performed hereunder which are reasonably available to Contracting Party
only from or through action by City.
5. INSURANCE.
5.1 Insurance. Prior to the beginning of any Services under this Agreement and
throughout the duration of the term of this Agreement, Contracting Party shall procure
and maintain, at its sole cost and expense, and submit concurrently with its execution of
this Agreement, policies of insurance as set forth in "Exhibit E" (the "Insurance
Requirements") which is incorporated herein by this reference and expressly made a part
hereof.
5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance
to Agency along with all required endorsements. Certificate of Insurance and
endorsements must be approved by Agency's Risk Manager prior to commencement of
performance.
6. INDEMNIFICATION.
6.1 Indemnification. To the fullest extent permitted by law, Contracting Party
shall indemnify, protect, defend (with counsel selected by City), and hold harmless City
and any and all of its officers, employees, agents, and volunteers as set forth in "Exhibit
F" ("Indemnification") which is incorporated herein by this reference and expressly made
a part hereof.
7. RECORDS AND REPORTS
7.1 Reports. Contracting Party shall periodically prepare and submit to the
Contract Officer, or assigned designee, such reports concerning Contracting Party's
performance of the Services required by this Agreement as the Contract Officer, or
assigned designee, shall require. Contracting Party hereby acknowledges that City is
greatly concerned about the cost of the Services to be performed pursuant to this
Agreement. For this reason, Contracting Party agrees that if Contracting Party becomes
aware of any facts, circumstances, techniques, or events that may or will materially
increase or decrease the cost of the Services contemplated herein or, if Contracting Party
is providing design services, the cost of the project being designed, Contracting Party
shall promptly notify the Contract Officer, or assigned designee, of said fact,
circumstance, technique, or event and the estimated increased or decreased cost related
thereto and, if Contracting Party is providing design services, the estimated increased or
decreased cost estimate for the project being designed.
7.2 Records. Contracting Party shall keep, and require any subcontractors to
keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports
(including but not limited to payroll reports), studies, or other documents relating to the
disbursements charged to City and the Services performed hereunder (the "Books and
Records"), as shall be necessary to perform the Services required by this Agreement and
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enable the Contract Officer, or assigned designee, to evaluate the performance of such
Services. Any and all such Books and Records shall be maintained in accordance with
generally accepted accounting principles and shall be complete and detailed. The
Contract Officer, or assigned designee, shall have full and free access to such Books
and Records at all times during normal business hours of City, including the right to
inspect, copy, audit, and make records and transcripts from such Books and Records.
Such Books and Records shall be maintained for a period of three (3) years following
completion of the Services hereunder, and City shall have access to such Books and
Records in the event any audit is required. In the event of dissolution of Contracting
Party's business, custody of the Books and Records may be given to City, and access
shall be provided by Contracting Party's successor in interest. Under California
Government Code Section 8546.7, if the amount of public funds expended under this
Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject
to the examination and audit of the State Auditor, at the request of City or as part of any
audit of City, for a period of three (3) years after final payment under this Agreement.
7.3 Ownership of Documents. All drawings, specifications, maps, designs,
photographs, studies, surveys, data, notes, computer files, reports, records, documents,
and other materials plans, drawings, estimates, test data, survey results, models,
renderings, and other documents or works of authorship fixed in any tangible medium of
expression, including but not limited to, physical drawings, digital renderings, or data
stored digitally, magnetically, or in any other medium prepared or caused to be prepared
by Contracting Party, its employees, subcontractors, and agents in the performance of
this Agreement (the "Documents and Materials") shall be the property of City and shall be
delivered to City upon request of the Contract Officer, or assigned designee, or upon
the expiration or termination of this Agreement, and Contracting Party shall have no claim
for further employment or additional compensation as a result of the exercise by City of
its full rights of ownership use, reuse, or assignment of the Documents and Materials
hereunder. Any use, reuse or assignment of such completed Documents and Materials
for other projects and/or use of uncompleted documents without specific written
authorization by Contracting Party will be at City's sole risk and without liability to
Contracting Party, and Contracting Party's guarantee and warranties shall not extend to
such use, revise, or assignment. Contracting Party may retain copies of such Documents
and Materials for its own use. Contracting Party shall have an unrestricted right to use
the concepts embodied therein. All subcontractors shall provide for assignment to City
of any Documents and Materials prepared by them, and in the event Contracting Party
fails to secure such assignment, Contracting Party shall indemnify City for all damages
resulting therefrom.
7.4 In the event City or any person, firm, or corporation authorized by City
reuses said Documents and Materials without written verification or adaptation by
Contracting Party for the specific purpose intended and causes to be made or makes any
changes or alterations in said Documents and Materials, City hereby releases,
discharges, and exonerates Contracting Party from liability resulting from said change.
The provisions of this clause shall survive the termination or expiration of this Agreement
and shall thereafter remain in full force and effect.
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7.5 Licensing of Intellectual Property. This Agreement creates a non-exclusive
and perpetual license for City to copy, use, modify, reuse, or sublicense any and all
copyrights, designs, rights of reproduction, and other intellectual property embodied in
the Documents and Materials. Contracting Party shall require all subcontractors, if any,
to agree in writing that City is granted a non-exclusive and perpetual license for the
Documents and Materials the subcontractor prepares under this Agreement. Contracting
Party represents and warrants that Contracting Party has the legal right to license any
and all of the Documents and Materials. Contracting Party makes no such representation
and warranty in regard to the Documents and Materials which were prepared by design
professionals other than Contracting Party or provided to Contracting Party by City. City
shall not be limited in any way in its use of the Documents and Materials at any time,
provided that any such use not within the purposes intended by this Agreement shall be
at City's sole risk.
7.6 Release of Documents. The Documents and Materials shall not be
released publicly without the prior written approval of the Contract Officer, or assigned
designee, or as required by law. Contracting Party shall not disclose to any other entity
or person any information regarding the activities of City, except as required by law or as
authorized by City.
7.7 Confidential or Personal Identifying Information. Contracting Party
covenants that all City data, data lists, trade secrets, documents with personal identifying
information, documents that are not public records, draft documents, discussion notes, or
other information, if any, developed or received by Contracting Party or provided for
performance of this Agreement are deemed confidential and shall not be disclosed by
Contracting Party to any person or entity without prior written authorization by City or
unless required by law. City shall grant authorization for disclosure if required by any
lawful administrative or legal proceeding, court order, or similar directive with the force of
law. All City data, data lists, trade secrets, documents with personal identifying
information, documents that are not public records, draft documents, discussions, or other
information shall be returned to City upon the termination or expiration of this Agreement.
Contracting Party's covenant under this section shall survive the termination or expiration
of this Agreement.
8. ENFORCEMENT OF AGREEMENT.
8.1 California Law. This Agreement shall be interpreted, construed, and
governed both as to validity and to performance of the parties in accordance with the laws
of the State of California. Legal actions concerning any dispute, claim, or matter arising
out of or in relation to this Agreement shall be instituted in the Superior Court of the County
of Riverside, State of California, or any other appropriate court in such county, and
Contracting Party covenants and agrees to submit to the personal jurisdiction of such
court in the event of such action.
8.2 Disputes. In the event of any dispute arising under this Agreement, the
injured party shall notify the injuring party in writing of its contentions by submitting a claim
therefore. The injured party shall continue performing its obligations hereunder so long
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as the injuring party commences to cure such default within ten (10) days of service of
such notice and completes the cure of such default within forty-five (45) days after service
of the notice, or such longer period as may be permitted by the Contract Officer, or
assigned designee; provided that if the default is an immediate danger to the health,
safety, or general welfare, City may take such immediate action as City deems warranted.
Compliance with the provisions of this Section shall be a condition precedent to
termination of this Agreement for cause and to any legal action, and such compliance
shall not be a waiver of any party's right to take legal action in the event that the dispute
is not cured, provided that nothing herein shall limit City's right to terminate this
Agreement without cause pursuant to this Article 8.0. During the period of time that
Contracting Party is in default, City shall hold all invoices and shall, when the default is
cured, proceed with payment on the invoices. In the alternative, City may, in its sole
discretion, elect to pay some or all of the outstanding invoices during any period of default.
8.3 Retention of Funds. City may withhold from any monies payable to
Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or
damages it reasonably believes were suffered by City due to the default of Contracting
Party in the performance of the Services required by this Agreement.
8.4 Waiver. No delay or omission in the exercise of any right or remedy of a
non -defaulting party on any default shall impair such right or remedy or be construed as
a waiver. City's consent or approval of any act by Contracting Party requiring City's
consent or approval shall not be deemed to waive or render unnecessary City's consent
to or approval of any subsequent act of Contracting Party. Any waiver by either party of
any default must be in writing and shall not be a waiver of any other default concerning
the same or any other provision of this Agreement.
8.5 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies
of the parties are cumulative and the exercise by either party of one or more of such rights
or remedies shall not preclude the exercise by it, at the same or different times, of any
other rights or remedies for the same default or any other default by the other party.
8.6 Legal Action. In addition to any other rights or remedies, either party may
take legal action, at law or at equity, to cure, correct, or remedy any default, to recover
damages for any default, to compel specific performance of this Agreement, to obtain
declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes
of this Agreement.
8.7 Termination Prior To Expiration of Term. This Section shall govern any
termination of this Agreement, except as specifically provided in the following Section for
termination for cause. City reserves the right to terminate this Agreement at any time,
with or without cause, upon thirty (30) days' written notice to Contracting Party. Upon
receipt of any notice of termination, Contracting Party shall immediately cease all
Services hereunder except such as may be specifically approved by the Contract Officer,
or assigned designee. Contracting Party shall be entitled to compensation for all
Services rendered prior to receipt of the notice of termination and for any Services
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authorized by the Contract Officer, or assigned designee, thereafter in accordance with
the Schedule of Compensation or such as may be approved by the Contract Officer, or
assigned designee, except amounts held as a retention pursuant to this Agreement.
8.8 Termination for Default of Contracting Party. If termination is due to the
failure of Contracting Party to fulfill its obligations under this Agreement, Contracting Party
shall vacate any City -owned property which Contracting Party is permitted to occupy
hereunder and City may, after compliance with the provisions of Section 8.2, take over
the Services and prosecute the same to completion by contract or otherwise, and
Contracting Party shall be liable to the extent that the total cost for completion of the
Services required hereunder exceeds the compensation herein stipulated (provided that
City shall use reasonable efforts to mitigate such damages), and City may withhold any
payments to Contracting Party for the purpose of setoff or partial payment of the amounts
owed City.
8.9 Attorneys' Fees. If either party to this Agreement is required to initiate or
defend or made a party to any action or proceeding in any way connected with this
Agreement, the prevailing party in such action or proceeding, in addition to any other relief
which may be granted, whether legal or equitable, shall be entitled to reasonable
attorneys' fees; provided, however, that the attorneys' fees awarded pursuant to this
Section shall not exceed the hourly rate paid by City for legal services multiplied by the
reasonable number of hours spent by the prevailing party in the conduct of the litigation.
Attorneys' fees shall include attorneys' fees on any appeal, and in addition a party entitled
to attorneys' fees shall be entitled to all other reasonable costs for investigating such
action, taking depositions and discovery, and all other necessary costs the court allows
which are incurred in such litigation. All such fees shall be deemed to have accrued on
commencement of such action and shall be enforceable whether or not such action is
prosecuted to judgment. The court may set such fees in the same action or in a separate
action brought for that purpose.
9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.
9.1 Non -liability of City Officers and Employees. No officer, official, employee,
agent, representative, or volunteer of City shall be personally liable to Contracting Party,
or any successor in interest, in the event or any default or breach by City or for any amount
which may become due to Contracting Party or to its successor, or for breach of any
obligation of the terms of this Agreement.
9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any
officer or principal of it, has or shall acquire any interest, directly or indirectly, which would
conflict in any manner with the interests of City or which would in any way hinder
Contracting Party's performance of the Services under this Agreement. Contracting Party
further covenants that in the performance of this Agreement, no person having any such
interest shall be employed by it as an officer, employee, agent, or subcontractor without
the express written consent of the Contract Officer, or assigned designee. Contracting
Party agrees to at all times avoid conflicts of interest or the appearance of any conflicts
of interest with the interests of City in the performance of this Agreement.
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No officer or employee of City shall have any financial interest, direct or
indirect, in this Agreement nor shall any such officer or employee participate in any
decision relating to this Agreement which effects his financial interest or the financial
interest of any corporation, partnership or association in which he is, directly or indirectly,
interested, in violation of any State statute or regulation. Contracting Party warrants that
it has not paid or given and will not pay or give any third party any money or other
consideration for obtaining this Agreement.
9.3 Covenant against Discrimination. Contracting Party covenants that, by and
for itself, its heirs, executors, assigns, and all persons claiming under or through them,
that there shall be no discrimination against or segregation of, any person or group of
persons on account of any impermissible classification including, but not limited to, race,
color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry in
the performance of this Agreement. Contracting Party shall take affirmative action to
ensure that applicants are employed and that employees are treated during employment
without regard to their race, color, creed, religion, sex, marital status, sexual orientation,
national origin, or ancestry.
10. MISCELLANEOUS PROVISIONS.
10.1 Notice. Any notice, demand, request, consent, approval, or communication
either party desires or is required to give the other party or any other person shall be in
writing and either served personally or sent by prepaid, first-class mail to the address set
forth below. Either party may change its address by notifying the other party of the change
of address in writing. Notice shall be deemed communicated forty-eight (48) hours from
the time of mailing if mailed as provided in this Section.
To City:
To Contracting Party:
CITY OF LA QUINTA DISABILITY ACCESS CONSULTANTS,
Attention: Monika Radeva, City Clerk LLC
78495 Calle Tampico Attention: Tim Mahoney
La Quinta, California 92253 2862 Olive Highway, Suite D, Oroville,
CA 95966
10.2 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of this Agreement or any other rule of
construction which might otherwise apply.
10.3 Section Headings and Subheadings. The section headings and
subheadings contained in this Agreement are included for convenience only and shall not
limit or otherwise affect the terms of this Agreement.
10.4 Counterparts. This Agreement may be executed in counterparts, each of
which shall be deemed to be an original, and such counterparts shall constitute one and
the same instrument.
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10.5 Integrated Agreement. This Agreement including the exhibits hereto is the
entire, complete, and exclusive expression of the understanding of the parties. It is
understood that there are no oral agreements between the parties hereto affecting this
Agreement and this Agreement supersedes and cancels any and all previous
negotiations, arrangements, agreements, and understandings, if any, between the
parties, and none shall be used to interpret this Agreement.
10.6 Amendment. No amendment to or modification of this Agreement shall be
valid unless made in writing and approved by Contracting Party and by the City Council
of City. The parties agree that this requirement for written modifications cannot be waived
and that any attempted waiver shall be void.
10.7 Severability. In the event that any one or more of the articles, phrases,
sentences, clauses, paragraphs, or sections contained in this Agreement shall be
declared invalid or unenforceable, such invalidity or unenforceability shall not affect any
of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this
Agreement which are hereby declared as severable and shall be interpreted to carry out
the intent of the parties hereunder unless the invalid provision is so material that its
invalidity deprives either party of the basic benefit of their bargain or renders this
Agreement meaningless.
10.8 Unfair Business Practices Claims. In entering into this Agreement,
Contracting Party offers and agrees to assign to City all rights, title, and interest in and to
all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or
under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of
Division 7 of the Business and Professions Code), arising from purchases of goods,
services, or materials related to this Agreement. This assignment shall be made and
become effective at the time City renders final payment to Contracting Party without
further acknowledgment of the parties.
10.9 No Third -Party Beneficiaries. With the exception of the specific provisions
set forth in this Agreement, there are no intended third -party beneficiaries under this
Agreement and no such other third parties shall have any rights or obligations hereunder.
10.10 Authority. The persons executing this Agreement on behalf of each of the
parties hereto represent and warrant that (i) such party is duly organized and existing,
(ii) they are duly authorized to execute and deliver this Agreement on behalf of said party,
(iii) by so executing this Agreement, such party is formally bound to the provisions of this
Agreement, and (iv) that entering into this Agreement does not violate any provision of
any other Agreement to which said party is bound. This Agreement shall be binding upon
the heirs, executors, administrators, successors, and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
stated below.
CITY OF LA QUINTA,
a California Municipal Corporation
JON ILLEN, City Manager
Ity of La Quinta, California
Dated: -2- 20
ATTEST:
MONIKA RADEV , CifClerk
City of La Quinta, California
APPROVED AS TO FORM:
&C' r`
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
-14-
DISABILITY ACCESS CONSULTANTS,
LLC:
SIGNED IN COUNTERPART
TIM MAHONEY, General Manager
SIGNED IN COUNTERPART
BARBARA THORPE, President
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
stated below.
CITY OF LA QUINTA,
a California Municipal Corporation
SIGNED IN COUNTERPART
JON MCMILLEN, City Manager
City of La Quinta, California
Dated:
ATTEST:
SIGNED IN COUNTERPART
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
SIGNED IN COUNTERPART
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
DISABILITY ACCESS CONSULTANTS,
LLC:
TI( �104 �N' 11�
M HONEY, General Manager
�a J�
BARBARA THORPE, President
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Exhibit A
Scope of Services
1. Services to be Provided:
Disability Access Consultants, LLC (DAC) shall provide the following professional
services related to a comprehensive Americans with Disabilities Act (ADA) Self -
Evaluation and Transition Plan for the City facilities, parks, digital assets and public rights -
of -way (PROW); as well as a digital accessibility review and action plan for WCAG 2.1
AA conformance, identified in Tasks 1 through 9 listed below (Project).
The effort and work for this Project will be performed and/or overseen by DAC's Certified
Access Specialists (CASp), DAC's quality control and management team.
1. Task 1. Project Management and Meetings and Coordination
A critical step in performing a successful assessment project is planning and
communication. Verifying facility information, organizing access and confirming contact
information prior to the onsite surveys commencing is vital to the success of the project.
DAC will collaborate with the ADA Coordinator, departmental ADA liaisons and selected
City of La Quinta staff.
Another issue that is critical is the consistency and accuracy of the data gathered during
the survey phase. In order to ensure this, DAC has developed DACTrak, which supports
accurate and complete data collection.
Using the DACTrak software in the field, DAC surveyors collect data and measurements
in a specific order to ensure that elements are not missed. The data and photographs
that are collected in the field are processed by DAC servers against all applicable
accessibility codes, which provides clients with consistent and accurate reports. Since
the data collected in the field is automatically uploaded to DAC processing servers,
reports are available to clients within a short turnaround time, following DAC's multi -step
editing and quality control process.
The use of DAC-Ally digital accessibility software will allow the City and DAC to
appropriately audit the City's digital assets for conformance as assist in on -going
remediation efforts with City's software vendors and assets.
Project Management
DAC will propose the Project Management Plan at the project kick-off meeting. The plan
will include but may not be limited to:
• Introduction: background, objectives, requirements, approach, strategies and
recommendations;
• Project organization: identification and introduction of key personnel, including the
project manager, and each DAC staff member's responsibility and role in the
project with contact information;
• Verification of the scope of work & contract documents: scope, approach, prime
Exhibit A
Page 1 of 19 Last revised summer 2017
contact, contract documents and overall timeline;
• Project design procedures: design standards and criteria, report and drawing list,
specification list, design reviews;
• Project administrative procedures: such as methods for document transfers and
means of communication;
• Project budget, fee schedule, and invoicing method;
• Review and clarification of items in the proposal;
• Discussion of all other related project information and deliverable(s) that DAC will
provide, such as:
o The Project Management Plan
o Meeting notices, agendas, handouts, as appropriate;
o Initial project schedule provided at the kick-off meeting and updated
throughout the project;
o Monthly progress reports to accompany each monthly invoice;
Meetings
The kick-off meeting will clarify roles and lines of communication, refine project goals,
review the overall project schedule scope and, schedule surveys of City facilities,
recreational areas and public rights -of -way and identify key City personnel related to the
project scope.
Information that is needed will be clarified at the initial orientation meeting. Progress
meetings, agendas, and monthly status meeting schedule will be generated by DAC. Tim
Mahoney and Barbara Thorpe will be designated as the project managers and serve as
the points of contact for the City.
The designated team members that will coordinate the inspection team during the facility
reviews will be Michael Boga and Candice Pursch. The management approach will
include coordination and assistance from DAC office staff under the direction of Barb
Thorpe, Project Manager, Jennie Grover, Director of Administrative Services and Tim
Mahoney, General Manager and Project Manager.
DAC suggests scheduling monthly, virtual progress meetings, with key City staff to ensure
scheduled and timelines are being met. Furthermore, DAC plans to attend at least three
meetings with City staff, per the RFP requirements. DAC will schedule a remote kick-off
meeting, interim progress meeting, and a final completion meeting along with any
required site visits and City staff meetings needed for Self -Evaluation investigations and
document research.
Progress Reporting
DAC will provide monthly progress reports on all tasks and deliverables of the project.
These reports will be provided in conjunction with the monthly invoice. The monthly
progress report format will include, but not be limited to the following:
A. Task and Deliverables — Provide an update on the percentage of project
completion
B. Meetings: List of upcoming and completed meetings, along with meeting
Exhibit A
Page 2 of 19
minutes and content for the previous month
C. Requests for Information: DAC will provide reminders and updates on
information requested or needed from the City
D. Estimates on commencement and completion of tasks: Updated refreshed
estimates and timelines on when activities related to the project tasks and
deliverables will begin or be completed
E. Questions/Needs: Any special needs or questions that have come up since the
prior update will be asked.
2. Task 2: ADA Self -Evaluation of City Policies, Procedures and Programs
Citywide Programs, Policies and Procedures
DAC will conduct an accessibility review of City programs, services, activities and policies
to comply with a core requirement of an ADA Self -Evaluation and Transition Plan.
In consultation with the City, DAC will identify which City programs and services
are subject to the requirements of the ADA. DAC will perform reviews of program
policies, procedures, including but not limited to eligibility requirements,
location(s) of services, methods of providing information and procedure for
processing requests for accommodations. The information prepared from the
programmatic assessments will be included in the self -evaluation and transition
plan Executive Summary.
2. As part of the public input process, staff will be encouraged to complete surveys,
which will help to determine if staff and officials understand the City's ADA
obligations, including, but not limited to; reasonable modifications, identity of the
ADA Coordinator, accommodation procedures, ADA policies, practices, and
procedures, including providing reasonable accommodations. Reasonable
accommodations can include auxiliary aids, American Sign Language
interpreters, large font documents, braille, and other alternative communications
3. DAC will conduct programmatic barrier assessment surveys of City programs and
services, as appropriate and available. The reviews will identify programmatic
barriers in City programs and services that could limit accessibility or be
considered potentially discriminatory. These include, but are not limited to
eligibility requirements, participation requirements, participation requirements,
facility use, staffing, transportation, communication, grievance policies and
procedures, emergency procedure, required notices and postings, staffing,
transportation, and facility use.
4. Based on the programmatic barrier assessment surveys, DAC will provide the City
with suggestions and recommendations as needed to ensure or enhance
compliance in the City's programs and services. The findings and
recommendations will be included in the ADA Self -evaluation and Transition Plan
report.
5. The ADA self -evaluation and transition plan report will identify issues that may
Exhibit A
Page 3 of 19
limit physical or other access to individuals with disabilities to City Programs and
Services. The report will include a feasible solution and cost estimate for
eliminating each barrier if applicable. Non-structural solutions will be considered.
Most programmatic changes to enhance compliance would have little to no cost
associated.
6. Review and recommendation of City's ADA Design exception form with
consideration of safe harbor and technically infeasible provisions.
DAC will perform reviews of programs, policies, procedures, including but not limited to
eligibility requirements, location(s) of services, methods of providing information, and
procedures for processing requests for accommodations. The information prepared from
the programmatic assessments will be included in the self -evaluation and transition plan
Executive Summary.
As part of Task 2 and Task 4, DAC will complete a current accessibility review of the
City's public -facing website and web pages. The assessment will identify accessibility
barriers in City communications and webpages, as well as potential language or
procedures that could be considered discriminatory. The City's website will be reviewed
for compliance with the standard required for Title II entities, Web Content Accessibility
Guidelines (WCAG) 2.1 Level AA. DAC will identify which City communications and
webpages, including but not limited to sign-up forms, registration forms, and public -facing
website pages, are subject to the requirements of the ADA. DAC will provide more
information of the Digital Accessibility efforts in Task 4 "Digital Accessibility." DAC has
many digital conformance offerings to assist the City with its digital accessibility,
document accessibility and Section 508 conformance.
The programmatic review will identify all communications items that are not compliant or
are potentially discriminatory, such as auxiliary aids and services. DAC will provide the
City with a report that includes the findings and recommendations from the reviews of the
City's communications and website review. The report will consist of a synopsis of the
comprehensive website review, which will be issued separately as a related and
referenced report. The report will identify programmatic issues found in public
communications and the City's public -facing website that limit accessibility.
As part of the of this Task and Task 5 (public input process), staff will be encouraged to
complete surveys, which will help to determine if staff and officials understand the City's
ADA obligations, including, but not limited to; reasonable modifications, identity of the
ADA Coordinator, accommodation procedures, ADA policies, practices, and procedures,
including providing reasonable accommodations. Reasonable accommodations can
include auxiliary aids, American Sign Language interpreters, large font documents,
braille, and other alternative communications.
DAC will conduct programmatic barrier assessment surveys of City programs and
services, as appropriate and available. The reviews will identify programmatic barriers in
City programs and services that could limit accessibility or be considered potentially
Exhibit A
Page 4 of 19
discriminatory. These include, but are not limited to, eligibility requirements, participation
requirements, facility use, staffing, transportation, communication, grievance policies and
procedures, emergency procedures, required notices and postings, and other relevant
operational policies.
Based on the programmatic barrier assessment surveys, DAC will provide the City with
suggestions and recommendations as needed to ensure or enhance compliance in the
City's programs and services. The findings and recommendations will be included in the
ADA Self -evaluation and Transition Plan report.
To better support the City-wide ADA initiatives, DAC will collaborate with the City's ADA
coordinator, ADA liaisons and other designated City to determine what training options
would be most relevant for City staff.
DAC has provided training to hundreds of public entities and is also the selected
consultant of many risk management pools to provide regular training sessions to their
members. DAC has provided customized individual training regarding ADA requirements
for facilities, public right-of-way, policies, special events, grievances and other related
Title II topics.
As part of the deliverables DAC will provide the City with an Executive Summary report
that will summarize the data and findings from the ADA self -evaluation and transition plan
for City buildings, parks, parking, programs, trails and open spaces.
3. Task 3: ADA Assessment of City Facilities and Public Rights -of -Way
A. City of La Quinta Buildings, Facilities, and Sites (including parks and outdoor
facilities)
1. In consultation with the City, DAC will identify which City buildings are subject to the
requirements of the ADA, and perform assessments of all interior and exterior
elements, including the parking lots, path of travel as well as common areas
throughout City owned and tenant occupied buildings. The reports prepared from the
assessments will include details of all elements surveyed.
2. In consultation with the City, DAC will identify which City -owned parks, trails, outdoor
facilities and open spaces are subject to the requirements of the ADA and perform
assessments of all areas within the recreational facilities. The reports prepared from
the assessments will include details of all elements surveyed.
3. DAC will conduct barrier assessment surveys with field reviews of all City -owned
public buildings, facilities, parks and open spaces that provide programs, services or
activities to the public, as appropriate. The surveys will identify physical barriers at
each facility that could limit accessibility. The information collected in the field will be
compared to the Federal ADA codes as well as applicable state codes and the
standard that provides the greater level of accessibility will be utilized.
Exhibit A
Page 5 of 19
4. Based on the results of the barrier assessment surveys, DAC will develop access
compliance assessment reports issued through DACTrak online accessibility
management software in order to provide the City with comprehensive assessment
results. The reports will include:
• as -is condition measurements and verifications as they relate to ADA access;
• a detailed barrier description;
• photographs for documentation of each barrier;
• detailed location description identifying the location of the barrier, maps will also
be provided for findings where GIS coordinates can be collected for available
outdoor findings;
• a proposed solution to eliminate the barrier; and
• individual cost estimates for each solution.
5. DAC will provide the City with access to DACTrak, allowing the City's users to
generate details reports in multiple formats, including PDF and Excel, as well as map
style formats of KML and Shapefile for available exterior areas where GIS coordinates
can be collected. The DACTrak online accessibility management software will
provide the City with comprehensive reports for the interior and exterior of each
facility. DACTrak also includes tools that will allow the City to plan a schedule of
barrier removal, adjust priorities and update the implementation of the transition plan.
Many report options are available in DACTrak that can show detailed information for
every noncompliant finding in each building, through high level summary reports that
can offer a concise synopsis of noncompliant findings by category across all facilities
City-wide. Estimated costs are available in all reports, however a DACTrak user can
choose to generate a report without estimated costs if needed.
6. DAC will survey all City -owned buildings listed included with the RFP and will be
confirmed at the project kick-off meeting
B. Public Rights -of -Way
In consultation with the City, DAC will identify which City -owned public rights -of -way,
including, but not limited to cross walks, pathways, sidewalks, on -street parking, bus
stops, and curb ramps are subject to the requirements of the ADA and perform
assessments of all areas within the identified public rights -of -way facilities. The
reports prepared from the assessments will include details of all elements surveyed.
2. DAC will conduct barrier assessment surveys with field reviews of the identified public
rights -of -way owned by the City, as appropriate. The surveys will identify physical
barriers in the public rights -of -way that could limit accessibility. The information
collected in the field will be compared to the Federal ADA codes as well as applicable
state codes and the standard that provides the greater level of accessibility utilized.
3. DAC will provide the City with access to DACTrak, allowing the City's users to
generate details reports in multiple formats, including PDF and Excel, as well as map
style formats of KML and Shapefile for available exterior areas where GIS coordinates
Exhibit A
Page 6 of 19
can be collected. The DACTrak online accessibility management software will
provide the City with comprehensive reports for the interior and exterior of each
facility. DACTrak also includes tools that will allow the City to plan a schedule of
barrier removal, adjust priorities and update the implementation of the transition plan.
Many report options are available in DACTrak that can show detailed information for
every noncompliant finding along each area of sidewalk, through high level summary
reports that can offer a concise synopsis of noncompliant findings by category across
all public rights -of -way facilities City-wide. Estimated costs are available in all reports,
however a DACTrak user can choose to generate a report without estimated costs if
needed.
4. DAC will survey all City -owned public rights -of -way that will be confirmed at the
project kick off meeting. Per the Q&A document published by the City on June 4,
2026, the City has approximately 121 linear sidewalk miles.
5. During the kick-off meeting, DAC will ask that the City identify City -owned public
rights -of -way, Caltrans-owned streets and intersections, and areas that are private
and not City -owned. The surveys will identify physical barriers in the public rights -of -
way that could limit accessibility and are the responsibility of the City. The
information collected in the field will be compared to the Federal ADA codes as well
as applicable California state codes applying the standard that provides the greater
level of accessibility as required by the ADA.
6. Standards and codes to be utilized will include:
• PROWAG — Public Rights of Way Accessibility Public Guidelines
• California Manual on Uniform Traffic Control Devices (CAMUTCD)
• Standard specifications for Public Works Construction (SSPWC)
• Other local codes as applicable.
7. DAC will complete the field accessibility survey of selected public right-of-way within
City limits. Mike Boga, Candice Pursch and the Accessibility Specialist team will
complete these efforts. The accessibility survey scope will include, but would not be
limited to:
Sidewalks
• Width
• Cross slope
• Running slope
• Changes in elevation greater than 1/4 inch and changes in elevation that are
not beveled up to inch
• Any obstructions in the sidewalk that obstruct or narrow the path of travel, such
as protruding objects and items that narrow the required width
• Street furniture
• Collection of GIS location information and photographs
Signalized Intersections
Exhibit A
Page 7 of 19
• Crosswalks
• Pedestrian ramps -curb ramps; width, slope, side flares, grooved borders,
truncated domes, alignment with the crosswalk
• Accessible pedestrian signals
• Traffic stop bars
Based on the results of the barrier assessment surveys, DAC will develop access
compliance assessment reports issued through DACTrak online accessibility
management software to provide the City with comprehensive assessment results. The
reports will include:
• As -is condition measurements and verifications as they relate to ADA access;
• A detailed barrier description;
• Photographs for documentation of each barrier;
• Detailed location description identifying the location of the barrier, maps will
also be provided for findings where GIS coordinates can be collected for
available outdoor findings;
• A proposed solution to eliminate the barrier; and
• Individual cost estimates, as available, using industry standards for each
solution.
DACTrak - Project Database
DAC will provide the City with access to DACTrak, allowing the City's users to generate
detailed reports in multiple formats, including PDF and Excel, as well as map style formats
of KML and Shapefile for available exterior areas where GIS coordinates can be collected.
The DACTrak online accessibility management software will provide the City with
comprehensive reports for the interior and exterior of each facility. DACTrak also includes
tools that will allow the City to plan a schedule of barrier removal, adjust priorities and
update the implementation of the transition plan. Many report options are available in
DACTrak that can show detailed information for every noncompliant finding along each
area of sidewalk, through high-level summary reports that can offer a concise synopsis
of noncompliant findings by category across all public rights -of -way facilities City-wide.
Estimated costs are available in all reports; however, a DACTrak user can choose to
generate a report without estimated costs if needed.
City -Wide GIS Reference
With the use of DACTrak field assessments and reports will include a high degree of detail
with photographs, code references, cost estimates and GIS information when applicable.
DACTrak will provide a GIS location for all exterior findings of facilities and for all findings
along the City's public right-of-way.
4. Task 4: Web and Digital Accessibility Assessment
The City has stated in the Q&A addendum of June 4, 2026 that, "The firm selected under
this RFP is expected to conduct a comprehensive review of all digital content and identify
accessibility barriers, recommend appropriate remediation measures, prepare a digital
Exhibit A
Page 8 of 19
accessibility Transition Plan, and collaborate with City staff to develop a roadmap for
achieving compliance."
DAC understands this request and has proven professional services, planning options
and digital accessibility scanning and remediation technology for the City to meet their
Digital Accessibility conformance requirements.
Furthermore, DAC has already provided numerous California JPIA members with Digital
Accessibility training for prudent and attainable conformance outcomes.
DAC understands the City's goals to assess the City Web and digital assess and develop
an accessibility transition and action plan with the following tasks, including but not limited
to-
o Inventory City web and digital assets, including all public -facing websites, subsites,
web applications and portals, online forms and payment systems, documents
(PDFs, Word, etc.), multimedia content, and mobile applications.
o Evaluate the accessibility of these digital platforms pursuant to WCAG 2.1 Level
AA and applicable Section 508 standards, using a combination of automated tools
and manual testing.
o Assess compatibility with assistive technologies (screen readers, screen
magnifiers, keyboard -only navigation) and test with common browsers and
devices.
o Review the City's existing website accessibility statement, notices, and processes
for reporting issues or requesting accommodations; recommend updates or new
content as needed.
o Identify and document digital accessibility issues, categorize them by severity and
impact, and provide remediation recommendations that can be integrated into the
overall transition plan.
As the City is aware, there are four (4) digital accessibility areas that the City should be
evaluating and planning for compliance:
1. City Website(s)
2. Digital Documents
3. Third Party Applications
4. Mobile Applications
The City is also aware of the Department of Justice's Digital Accessibility "New Rule" and
will be required to be conformant with the new rule and Web Content Accessibility
Guidelines 2.1 AA (WCAG 2.1 AA) by April of 2028 as the City's population is under
50,000.
Similar to a traditional ADA Self -Evaluation and Transition Plan for both program and
infrastructure barrier review and remediation, the City's digital accessibility transition and
action plan must first identify where barriers to access exist within its digital asset
inventory.
Once the digital accessibility barriers are understood, in comprehensive manner, in each
Exhibit A
Page 9 of 19
of the (4) categories described previously, the City and DAC will collaborate on the
development and deployment of digital accessibility action plan.
As part of this plan the City will better understand what areas they have control to
remediate (City created web content and new documents) areas where they will need to
communicate and verify conformance with outside vendors (websites, third part
applications and mobile apps).
DAC and the City will develop a multi -pronged and phased approach through the use of
DAC's planning methodologies and technology to assist the City in meeting its
conformance efforts.
A key first step in the process is to understand the contracts the City has in place with its
digital, web and third -party application providers. Once understood, this provides key next
steps of communication, planning and digital scanning of these vendors.
DAC will assist the City is communicating with these vendors to ask for their VPAT
(Voluntary Product Accessibility Template) and ACR (Accessibility Conformance Report)
to ensure they understand the City's and the vendor's Section 508 requirements.
DAC can also provide the City the use of DAC-Al ly Digital Accessibility Software Suite
to assist the City in its needed accessibility conformance scanning to determine
accessibility deficiencies with the City's websites, documents, third party applications and
mobile apps.
In fairness to the City, the overall cost of digital accessibility conformance is not known at
this stage as the breadth of deficiencies is unknown.
However, for the purposes of this RFP, DAC is providing initial budget pricing for the
development of a digital accessibility plan with allocation for consulting, plan
development, website, 3rd party software and document scanning.
At this time, the City and DAC do not know the amount of on -going audit and remediation
scanning that will be required by the City, moving forward. However, DAC will be providing
budget pricing for the development of a conformant digital accessibility action plan.
Certainly, there are offerings and options that the City may not utilize or need immediately,
however, with our on -going discussions, we wanted to ensure that the City understands
what services and tools are available. Please see an overview of offerings:
Website and Documents:
1. DAC Web Inventory: is an initial scan of the City website to determine how many web
pages and document links exist on your site. This can assist in building a budget scope
of how many items need to scanned. This step is not required but does provide data to
build a budget scope.
Exhibit A
Page 10 of 19
2. DAC Web: Scan(s) and Report: Once the City knows how many pages exist on the
website, a cost for a full web scan is easily known. DAC Web provides multiple options
for scanning websites to verify compliance with Web Content Accessibility Guidelines
(WCAG 2.1 AA) and receive reports for areas that require remediation by the developer
or webmaster for compliance.
3. DAC Docs (two options)
• Preliminary Scan: DAC Docs offers a preliminary scan audit of PDF, Word, Excel
and PowerPoint documents that will provide a page count for each document
scanned, as well as a rating for the remediation difficulty with the explanation for
the rating. This feature is offered to assist with determining which documents
should be considered for automated remediation.
• Remediation and Scan: Automated Remediation of PDF, Word, Excel and ppt.
Files.
4. DAC-Al 1 y Private Server Space: Dedicated containerized client server space for timed
retention of client documents and reports.
Third Party and Mobile Applications
The City is required to obtain Voluntary Product Accessibility Templates (VPAT) and
Accessibility Conformance Reports (ACR) from third party developers of mobile
applications and websites that the City offers to the public. DAC can provide verification
reviews, which require DAC staff to manually scan and review the applications and upon
completion, a compliance report is provided.
General Consultation
DAC can also assist with the following:
• Document Archive and exemption options
• Prioritization
• Documentation and Reporting
• Technical communication with 3rd party developers
Initial scope and deliverable will include, but not be limited to the following:
1. DAC Web: Full report and Scan of City Website(s). Provide report to vendor(s).
2. DAC Docs: Scan and Report of Website Digital Documents
• Identify targeted remediation of City documents and discuss options with City.
• Understand and assist City's plans for archiving of documents
• Explore staff training options for accessible documents
3. DAC Check: Section 508 and WCAG 2.1 AA Voluntary Product Accessibility
Template (VPAT) and Accessibility Conformance Report (ACR) verification and audit.
Scan, Report, and DAC staff audit of VPAT, ACR reports of selected 3rd Party Applications
and Mobile App's. City has provided list of 3rd party software
Exhibit A
Page 11 of 19
4. Vendor Communication: Work with City to communicate with 3rd party vendors to
ensure remediation and compliance efforts and outcomes
5. Digital Accessibility: Policy and procedure review and creation
6. Contract Review: Review City digital technology contracts
7. Meetings/Updates: Monthly Staff Meetings and Updates
8. Annual Report: Annual Report showing benchmarks and objectives met and
intended plans for upcoming year.
DAC will provide instruction and training for ADA Coordinator, ADA Liaisons, IT Team
and designated City of La Quinta Staff on software and database for updating and
maintaining final transition plan and digital accessibility plan.
5. Task 5: Public and Stakeholder Engagement
As mentioned previously, the City is required to provide opportunities for the public to
provide input to assist with prioritizing the schedule of barrier removal of the ADA
transition plan. DAC will recommend and lead a public input, public outreach process and
overall plan that will incorporate the requirements of the ADA. DAC understands that this
plan needs to be approved by the City.
The outreach portion of the self -evaluation and transition plan project will include multiple
methods to provide opportunities for public input from members of the community as well
as area organizations that provide services to persons with disabilities. The surveys that
will be prepared for use in acquiring public input will encourage respondents to describe
current accessibility needs and challenges to assist the City in developing accessible
programs and facilities. DAC will work with the City to determine the most effective
methods to gather input from individuals and groups who would like to participate in the
development of the plan. DAC will compile all comments and feedback from public
outreach efforts to be incorporated in the final transition plan.
DAC will develop and implement a public engagement plan that includes outreach to
individuals with disabilities, advocacy organizations, advisory bodies, and the broader
community.
DAC will collaborate with the City to determine appropriate options and efficacy of hosting
a public meeting or workshop.
DAC will summarize public input comments and incorporate the results into the self -
evaluation findings and transition plan recommendations.
6. Task 6: Transition Plan Development and Update
Analytical Methods and Tools: Intake Methods and DACTrak Accessibility
Management Software
Exhibit A
Page 12 of 19
As a key management tool for the City, DAC will provide the City with DACTrak online
accessibility management software for City staff to better manage its ADA Self -Evaluation
and Transition plan. DACTrak is an interactive online software and is not an enhanced
Excel spreadsheet. 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. DACTrak provides clients with a powerful management tool to
document compliance, project costs, print custom reports and record progress.
By collecting actual measurements of as -is field conditions (instead of merely noting
compliant or noncompliant findings without measurements) and recording all relevant
information, DAC can reprocess data if codes change without the need for a re -inspection.
This approach results in significant savings when codes change and the plan needs to be
updated. As part of the inspection process and required by the ADA, the 2010 ADA
Standards will be compared with the CBC and the standard that provides the greater level
of accessibility utilized.
DACTrak reports will include but may not be limited to as -built dimensions as they relate
to the ADA and other relevant code and guideline access, reference to accessibility
codes, proposed solution(s) to eliminate the barrier, cost estimate for each solution, at
least one digital photograph of each barrier to access, and a detailed location description,
including GIS coordinates and mapping.
The inclusion of photographs for each noncompliant finding showing the as -is condition
has proven to be valuable in assisting clients in the formulation of decisions regarding
barrier removal priorities. The DACTrak software offers an intuitive accessibility
management platform that surpasses the limitations of managing plans through hard
copies and binders. The assessment report of each facility will include cost estimates to
correct deficiencies in accordance with the ADA or other applicable federal or state
accessibility codes.
Barriers are identified by building, floor, or location and given a unique identifier record
number 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. The proposed method for barrier removal
will be provided. The transition plan will identify physical barriers that may limit accessibility
of the City programs, services or activities for individuals with disabilities. The schedule for
removal of barriers and appropriate timelines will be developed in collaboration with the City.
Identified barriers and obstacles will be initially prioritized.
Use of the DACTrak software will provide the City with an additional tool to update
prioritizations, budget, implement and monitor barrier removal. DAC uses a
comprehensive approach to inspecting public rights -of -way and records actual as -is
measurements, not just an indicator of compliant or not compliant. DAC has found that
the use of automated equipment for compliance measurements of sidewalks does not
Exhibit A
Page 13 of 19
provide an actual comprehensive measurement of areas required to be assessed, such
as protruding objects.
DAC team members will conduct onsite inspections on DACTrak tablets and export the
onsite field conditions for processing by DAC servers the same day of the inspection. The
use of the DACTrak tablet provides for consistency of what items to measure and
evaluates the quality of the measurements.
Preliminary Cost Estimates
The DACTrak online software proposed for use by the City includes estimated costs for
removing physical barriers identified in the transition plan. Through use of the DACTrak
software, the City is able to generate numerous custom reports that can calculate costs
on demand for all facilities City-wide or filtered to specific categories of items for select
facilities. Additionally, since DAC's in-house IT team maintains and manages the entire
DACTrak platform, custom costs that may be provided by the City can be added to the
DACTrak software for the City's project. Reports for custom cost estimates can be
generated from the DACTrak software in the City's preferred Excel file format.
7. Task 7: Tools Training and Implementation Support
DAC understands the City's request to provide tools, best practices and support to assist
in the development and implementation of the City's ADA Self -Evaluation and Transition
Plan, along with the City's digital accessibility plan.
DAC can provide the City with two state of the art software tools to assist the City in these
efforts.
1. DACTrak Accessibility Management Software will be provided to assist the City
with its transition plan management and implementation
2. DAC-Ally Digital Accessibility and Scanning software can be provided to the City
to assist the City in its digital accessibility audits and document remediation.
DAC will assist the City to develop or refine policies, procedures, and templates related
to ADA coordination, grievance processes, notices, effective communication, and digital
accessibility governance.
DAC will also provide training to City staff on ADA obligations, use of the transition plan
tools, and best practices for ongoing accessibility, including accessible content creation
and vendor management for digital platforms.
8. Task 8: Deliverables: Final ADA Self -Evaluation and Transition Plan
DAC will assist the City to develop a comprehensive ADA Self -evaluation and Transition
plan and will include at a minimum:
• a summary of findings of the self -evaluation of facilities, policies, programs, and
practices,
• the recommendations for remedial measures to correct deficiencies and a
methodology for prioritizing barrier remediation, cost estimates for recommended
remediation measures,
Exhibit A
Page 14 of 19
• assistance with an implementation schedule that includes milestones or measures
of achievement for monitoring implementation,
• recommendations for procedures and forms for monitoring implementation,
recommendations for procedures for periodically reviewing and updating the ADA
transition plan,
• recommendations for procedures and forms for performing evaluations of
additional barriers, recommendations for procedures and forms for filing requests
for accommodation, a list of references and,
• contact information for ADA and accessibility related resources; and identification
of the City official(s) with overall responsibility for implementation of the plan.
DAC will provide the City with strategies for implementation of the City's Transition Plan.
Timelines, funding, and action plans will be discussed with the City, using CIP and other
achievable funding options. The final proposed ADA transition plan findings will be
provided to City staff by issuing logins to the DACTrak accessibility management software
and conducting an interactive training session via teleconference.
DAC will provide the City with DACTrak online accessibility management software which
will allow City staff to review and print standard and custom reports on demand, as well
as implement and update the transition plan and schedule of barrier removal overtime.
There are no per user seat licenses to access DACTrak, DAC can establish password
protected logins to as many City staff as needed. In addition to providing the City with
access to DACTrak to view and download reports, DAC can deliver the final self -
evaluation and transition plan to the City in multiple formats, such as PDF, Microsoft
Excel, KML, and ESRI Shapefile for available exterior reports.
The Executive Summary will be provided to the City in both Word and PDF formats. If the
City chooses not to use DACTrak, all data files, project maps and drawings associated
with the self -evaluation report and transition plan will be provided to the City in a mutually
agreed format. All data collected will be property of the City.
Technical Requirements - Compliance with Regulations
DAC utilizes the appropriate governing standards as indicated:
• ADA 2010 Standards for Accessible Design
• Department of Justice's Revised Final Title II Ruling for State and Local
Governments
• California Building Code (CBC)
• California Department of General Services Access Compliance Materials
• ABA -Architectural Barriers Act
• UFAS-Uniform Federal Accessibility Standards
• ANSI -American National Standards Institute
• Section 504 and Section 508 of the Rehabilitation Act
• World Wide Web Content Accessibility Guidelines (W3C WCAG Version 2.1AA
and 2.2AA)
• Outdoor developed and recreational standards
• National Playground Safety Institute (NPSI) standards
Exhibit A
Page 15 of 19
• PROWAG — Public Rights of Way Accessibility Public Guidelines
• California Manual on Uniform Traffic Control Devices (CAMUTCD)
• Standard specifications for Public Works Construction (SSPWC)
• California Disability Laws and Regulations
9. Optional Task: City Staff Training
DAC has provided training to hundreds of public entities and is also the selected
consultant of the California Joint Powers Insurance Authority (CJPIA) to provide regular
training sessions to their members. In addition to CJPIA members, DAC has provided
customized individual training regarding ADA requirements for facilities, public right-of-
way, policies, special events, grievances and other related Title II topics.
In addition to Project Tasks 1 through 9 detailed in this Exhibit A; DAC shall provide the
following complementary services listed below:
• Facility inspections
• CASp reviews of field data
• Self -evaluations for ADA and Section 504 of the Rehabilitation Act
• Section 508 and WCAG conformance
• Transition plans
• Public rights -of -way surveys
• Accessibility Consultation and Professional Services
o Complaint and Grievance Support
o Accessibility related policy review and update
o Reasonable accommodation requests and review.
o Reasonable accommodation solutions - research and options (braille, TTY,
ASL interpreter, etc.)
o Complaint or grievance review and response
o Review and update notices and postings
o Review and update of City's accessibility policies, procedures and practices
o Review and update of City's accommodation statements and policies
o Review and update of City's grievance policy and procedures
o Review and update of City's accessibility training practices
o Assistance with Caltrans, FHWA, HUD, CDBG audits, inquiries and
responses
• ADA Technical support for Public Records Requests
• Accessibility compliance intake and management software — DACTrak
• Digital accessibility scanning and remediation software — DAC-Al ly
• Expert witness services
• Accessibility plan reviews
• ADA Plan implementation assistance and consultation
• Outdoor developed and recreational areas (pools, parks, trails, camping areas)
• NPSI playground safety inspections
• ADA playground inspections
Exhibit A
Page 16 of 19
ADDENDUM TO AGREEMENT
Re: Scope of Services
If the Scope of Services include construction, alteration, demolition, installation,
repair, or maintenance affecting real property or structures or improvements of any kind
appurtenant to real property, the following apply:
1. Prevailing Wage Compliance. If Contracting Party is a contractor
performing public works and maintenance projects, as described in this Section 1.3,
Contracting Party shall comply with applicable Federal, State, and local laws. Contracting
Party is aware of the requirements of California Labor Code Sections 1720, et seq., and
1770, et seq., as well as California Code of Regulations, Title 8, Sections 16000, et seq.,
(collectively, the "Prevailing Wage Laws"), and La Quinta Municipal Code
Section 3.12.040, which require the payment of prevailing wage rates and the
performance of other requirements on "Public works" and "Maintenance" projects. If the
Services are being performed as part of an applicable "Public works" or "Maintenance"
project, as defined by the Prevailing Wage Laws, and if construction work over twenty-
five thousand dollars ($25,000.00) and/or alterations, demolition, repair or maintenance
work over fifteen thousand dollars ($15,000.00) is entered into or extended on or after
January 1, 2015 by this Agreement, Contracting Party agrees to fully comply with such
Prevailing Wage Laws including, but not limited to, requirements related to the
maintenance of payroll records and the employment of apprentices. Pursuant to
California Labor Code Section 1725.5, no contractor or subcontractor may be awarded a
contract for public work on a "Public works" project unless registered with the California
Department of Industrial Relations ("DIR") at the time the contract is awarded. If the
Services are being performed as part of an applicable "Public works" or "Maintenance"
project, as defined by the Prevailing Wage Laws, this project is subject to compliance
monitoring and enforcement by the DIR. Contracting Party will maintain and will require
all subcontractors to maintain valid and current DIR Public Works contractor registration
during the term of this Agreement. Contracting Party shall notify City in writing
immediately, and in no case more than twenty-four (24) hours, after receiving any
information that Contracting Party's or any of its subcontractor's DIR registration status
has been suspended, revoked, expired, or otherwise changed. It is understood that it is
the responsibility of Contracting Party to determine the correct salary scale. Contracting
Party shall make copies of the prevailing rates of per diem wages for each craft,
classification, or type of worker needed to execute the Services available to interested
parties upon request, and shall post copies at Contracting Party's principal place of
business and at the project site, if any. The statutory penalties for failure to pay prevailing
wage or to comply with State wage and hour laws will be enforced. Contracting Party
must forfeit to City TWENTY-FIVE DOLLARS ($25.00) per day for each worker who
works in excess of the minimum working hours when Contracting Party does not pay
overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight
(8) hours is the legal working day. Contracting Party also shall comply with State law
requirements to maintain payroll records and shall provide for certified records and
inspection of records as required by California Labor Code Section 1770 et seq., including
Section 1776. In addition to the other indemnities provided under this Agreement,
Exhibit A
Page 17 of 19
Contracting Party shall defend (with counsel selected by City), indemnify, and hold City,
its elected officials, officers, employees, and agents free and harmless from any claim or
liability arising out of any failure or alleged failure to comply with the Prevailing Wage
Laws. It is agreed by the parties that, in connection with performance of the Services,
including, without limitation, any and all "Public works" (as defined by the Prevailing Wage
Laws), Contracting Party shall bear all risks of payment or non-payment of prevailing
wages under California law and/or the implementation of Labor Code Section 1781, as
the same may be amended from time to time, and/or any other similar law. Contracting
Party acknowledges and agrees that it shall be independently responsible for reviewing
the applicable laws and regulations and effectuating compliance with such laws.
Contracting Party shall require the same of all subcontractors.
2. Retention. Payments shall be made in accordance with the provisions of
Article 2.0 of the Agreement. In accordance with said Sections, City shall pay Contracting
Party a sum based upon ninety-five percent (95%) of the Contract Sum apportionment of
the labor and materials incorporated into the Services under this Agreement during the
month covered by said invoice. The remaining five percent (5%) thereof shall be retained
as performance security to be paid to Contracting Party within sixty (60) days after final
acceptance of the Services by the City Council of City, after Contracting Party has
furnished City with a full release of all undisputed payments under this Agreement, if
required by City. In the event there are any claims specifically excluded by Contracting
Party from the operation of the release, City may retain proceeds (per Public Contract
Code § 7107) of up to one hundred fifty percent (150%) of the amount in dispute. City's
failure to deduct or withhold shall not affect Contracting Party's obligations under the
Agreement.
3. Utility Relocation. City is responsible for removal, relocation, or protection
of existing main or trunk -line utilities to the extent such utilities were not identified in the
invitation for bids or specifications. City shall reimburse Contracting Party for any costs
incurred in locating, repairing damage not caused by Contracting Party, and removing or
relocating such unidentified utility facilities. Contracting Party shall not be assessed
liquidated damages for delay arising from the removal or relocation of such unidentified
utility facilities.
4. Trenches or Excavations. Pursuant to California Public Contract Code
Section 7104, in the event the work included in this Agreement requires excavations more
than four (4) feet in depth, the following shall apply:
(a) Contracting Party shall promptly, and before the following conditions
are disturbed, notify City, in writing, of any: (1) material that Contracting Party believes
may be material that is hazardous waste, as defined in Section 25117 of the Health and
Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site
in accordance with provisions of existing law; (2) subsurface or latent physical conditions
at the site different from those indicated by information about the site made available to
bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the
site of any unusual nature, different materially from those ordinarily encountered and
generally recognized as inherent in work of the character provided for in the Agreement.
Exhibit A
Page 18 of 19
(b) City shall promptly investigate the conditions, and if it finds that the
conditions do materially so differ, or do involve hazardous waste, and cause a decrease
or increase in Contracting Party's cost of, or the time required for, performance of any
part of the work shall issue a change order per Section 1.8 of the Agreement.
(c) in the event that a dispute arises between City and Contracting Party
whether the conditions materially differ, or involve hazardous waste, or cause a decrease
or increase in Contracting Party's cost of, or time required for, performance of any part of
the work, Contracting Party shall not be excused from any scheduled completion date
provided for by this Agreement, but shall proceed with all work to be performed under this
Agreement. Contracting Party shall retain any and all rights provided either by contract
or by law which pertain to the resolution of disputes and protests between the contracting
Parties.
5. Safety. Contracting Party shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out the Services, Contracting
Party shall at all times be in compliance with all applicable local, state, and federal laws,
rules and regulations, and shall exercise all necessary precautions for the safety of
employees appropriate to the nature of the work and the conditions under which the work
is to be performed. Safety precautions as applicable shall include, but shall not be limited
to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions
in accident prevention for all employees and subcontractors, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipment and other safety devices, equipment and wearing
apparel as are necessary or lawfully required to prevent accidents or injuries; and
(C) adequate facilities for the proper inspection and maintenance of all safety measures.
6. Liquidated Damages. Since the determination of actual damages for any
delay in performance of the Agreement would be extremely difficult or impractical to
determine in the event of a breach of this Agreement, Contracting Party shall be liable for
and shall pay to City the sum of One Thousand dollars ($1,000.00) as liquidated damages
for each working day of delay in the performance of any of the Services required
hereunder, as specified in the Schedule of Performance. In addition, liquidated damages
may be assessed for failure to comply with the emergency call out requirements, if any,
described in the Scope of Services. City may withhold from any moneys payable on
account of the Services performed by Contracting Party any accrued liquidated damages.
Exhibit A
Page 19 of 19
Exhibit B
Schedule of Compensation
For the avoidance of doubt, the compensation thresholds o
compensation for Additional Services (if any) authorized
compensated pursuant to Section 2.3 of this Agreement.
Contract Sum
n this Exhibit B do not include
pursuant to Section 1.7 and
Compensation for Services shall not exceed the following Contract Sum for the entire life
of this Agreement including the Initial and Extended terms: Two Hundred and Fifty Thousand
Dollars ($ 250,000), to be paid for duly authorized Services performed consistent with the terms
and conditions of this Agreement.
The Contract Sum shall be paid to Contracting Party in installment payments made on a
monthly basis and in an amount identified in Contracting Party's schedule of compensation
attached hereto for the work tasks performed and properly invoiced by Contracting Party in
conformance with Section 2.2 of this Agreement.
Project Tasks
Cost
1.
Project Management
$ 5,400
2.
City -Wide Program, Policy and Procedure Review
$ 5,400
3.
Accessibility Surveys of Facilities, Parks and Parkin Lots
$ 98,500
4.
Accessibility Surveys of Public Right -of -Way
$ 80,000
5.
Web and Digital Accessibility Assessment
$ 31,800
6.
Public and Stakeholder Outreach and Engagement
$ 4,800
7.
Transition Plan Development
$ 6,600
8.
Tools, Training and Implementation Support
Included
9.
Final Deliverables
$ 4,800
10.
Contingency - approximately 5%
$ 12,400
Totals
$ 250,000
Additional hours will be billed at the hourly rates for DAC's professional services at the negotiated
rates as a California Joint Powers Insurance Authority member listed below:
DAC Staff Title
DAC
Staff
Hourly
Rate
Lead Consultant
Barb Thorpe
$ 150
Senior Director of Accessibility Services, CASp
Mike Boga
$ 150
Director of Accessibility Services, CASp
Candice Pursch
$ 150
General Manager
Tim Mahoney
$ 150
Director of Administrative Services
Jennie Grover
$ 150
Digital Accessibility Specialists
Various
$ 110
Lead Technology Consultant
Sri Talasila
$ 150
Accessibility Specialists
Various
$ 100
Administrative Analysts
Various
$ 100
Exhibit B
Page 1 of 1
Exhibit C
Schedule of Performance
Contracting Party shall complete all services identified in the Scope of Services,
Exhibit A of this Agreement., in accordance with the Project Schedule.
Timelines are estimates and may vary due to weather, and requests by the City for
modifications and other factors. The start may vary from the above chart pending approval
by the City Council. The project schedule will be coordinated to comply with the project
timelines established by the City but will be completed by April 2028.
Exhibit C
Page 1 of 1
None.
Exhibit D
Special Requirements
Exhibit D
Page 1 of 1
Exhibit E
Insurance Requirements
E.1 Insurance. Prior to the beginning of and throughout the duration of this
Agreement, the following policies checked below shall be maintained and kept in full force
and effect providing insurance with minimum limits as indicated below and issued by
insurers with A.M. Best ratings of no less than A -VI:
Commercial General Liability (at least as broad as ISO CG 0001):
❑ $1,000,000 per occurrence/$2,000,000 aggregate OR
❑ $2,000,000 per occurrence/$4,000,000 aggregate
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Non-contributory
Commercial Automobile Liability (at least as broad as ISO CA 0001):
® $1,000,000 combined single limit for bodily injury and property damage
® Auto Liability Additional Insured
Workers' Compensation (per statutory requirements):
® Statutory Limits / Employer's Liability $1,000,000 per accident or disease OR
Must include the following endorsements:
Workers' Compensation Endorsement with Waiver of Subrogation
❑ Workers' Compensation Declaration of Sole Proprietor
❑ California Workers' Compensation Requirements Acknowledgement
Professional Liability (Errors and Omissions):
® Errors and Omissions liability insurance with a limit of not less than $1,000,000
per claim
Cyber Liability
❑ $1,000,000 per occurrence/$2,000,000 aggregate
Contracting Party shall procure and maintain, at its cost, and submit concurrently
with its execution of this Agreement, Commercial General Liability insurance against all
claims for injuries against persons or damages to property resulting from Contracting
Party's acts or omissions rising out of or related to Contracting Party's performance under
this Agreement. The insurance policy shall contain a severability of interest clause
Exhibit E
Page 1 of 6
providing that the coverage shall be primary for losses arising out of Contracting Party's
performance hereunder and neither City nor its insurers shall be required to contribute to
any such loss. An endorsement evidencing the foregoing and naming the City and its
officers and employees as additional insured (on the Commercial General Liability policy
only) must be submitted concurrently with the execution of this Agreement and approved
by City prior to commencement of the services hereunder.
Contracting Party shall carry automobile liability insurance of $1,000,000 per
accident against all claims for injuries against persons or damages to property arising out
of the use of any automobile by Contracting Party, its officers, any person directly or
indirectly employed by Contracting Party, any subcontractor or agent, or anyone for
whose acts any of them may be liable, arising directly or indirectly out of or related to
Contracting Party's performance under this Agreement. If Contracting Party or
Contracting Party's employees will use personal autos in any way on this project,
Contracting Party shall provide evidence of personal auto liability coverage for each such
person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer
or semi -trailer designed for travel on public roads. The automobile insurance policy shall
contain a severability of interest clause providing that coverage shall be primary for losses
arising out of Contracting Party's performance hereunder and neither City nor its insurers
shall be required to contribute to such loss.
Contracting Party shall carry Workers' Compensation Insurance in
accordance with State Worker's Compensation laws with employer's liability limits no less
than $1,000,000 per accident or disease.
Professional Liability or Errors and Omissions Insurance as appropriate shall
be written on a policy form coverage specifically designed to protect against acts, errors
or omissions of the Contracting Party and "Covered Professional Services" as designated
in the policy must specifically include work performed under this agreement. The policy
limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must
"pay on behalf of" the insured and must include a provision establishing the insurer's duty
to defend. The policy retroactive date shall be on or before the effective date of this
agreement.
Contracting Party shall procure and maintain Cyber Liability insurance with
limits of $1,000,000 per occurrence/loss which shall include the following coverage:
a. Liability arising from the theft, dissemination and/or use of confidential or
personally identifiable information; including credit monitoring and
regulatory fines arising from such theft, dissemination or use of the
confidential information.
b. Network security liability arising from the unauthorized use of, access to,
or tampering with computer systems.
c. Liability arising from the failure of technology products (software) required
under the contract for Consultant to properly perform the services
Exhibit E
Page 2 of 6
intended.
d. Electronic Media Liability arising from personal injury, plagiarism or
misappropriation of ideas, domain name infringement or improper deep -
linking or framing, and infringement or violation of intellectual property
rights.
e. Liability arising from the failure to render professional services.
If coverage is maintained on a claims -made basis, Contracting Party shall maintain such
coverage for an additional period of three (3) years following termination of the contract.
Contracting Party shall provide written notice to City within ten (10) working
days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the
required polices are reduced; or (3) the deductible or self -insured retention is increased.
In the event any of said policies of insurance are cancelled, Contracting Party shall, prior
to the cancellation date, submit new evidence of insurance in conformance with this
Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies
or certificates evidencing the same shall not be construed as a limitation of Contracting
Party's obligation to indemnify City, its officers, employees, contractors, subcontractors,
or agents.
E.2 Remedies. In addition to any other remedies City may have if Contracting
Party fails to provide or maintain any insurance policies or policy endorsements to the
extent and within the time herein required, City may, at its sole option:
a. Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under this Agreement.
b. Order Contracting Party to stop work under this Agreement and/or
withhold any payment(s) which become due to Contracting Party hereunder until
Contracting Party demonstrates compliance with the requirements hereof.
C. Terminate this Agreement.
Exercise any of the above remedies, however, is an alternative to any other
remedies City may have. The above remedies are not the exclusive remedies for
Contracting Party's failure to maintain or secure appropriate policies or endorsements.
Nothing herein contained shall be construed as limiting in any way the extent to which
Contracting Party may be held responsible for payments of damages to persons or
property resulting from Contracting Party's or its subcontractors' performance of work
under this Agreement.
E.3 General Conditions Pertaining
Contracting Party. Contracting Party and
insurance provided by Contracting Party:
to Provisions of Insurance Coverage by
City agree to the following with respect to
Exhibit E
Page 3 of 6
1. Contracting Party agrees to have its insurer endorse the third party general
liability coverage required herein to include as additional insureds City, its officials,
employees, and agents, using standard ISO endorsement No. CG 2010 with an edition
prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors
to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Contracting Party, or Contracting Party's employees, or agents, from waiving the
right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights
against City regardless of the applicability of any insurance proceeds, and to require all
contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contracting Party and
available or applicable to this Agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement relating to City or
its operations limits the application of such insurance coverage.
4. 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 City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve
to eliminate so-called "third party action over" claims, including any exclusion for bodily
injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification
and additional requirements by the City, as the need arises. Contracting Party shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability or
reduction of discovery period) that may affect City's protection without City's prior written
consent.
7. Proof of compliance with these insurance requirements, consisting of
certificates of insurance evidencing all the coverages required and an additional insured
endorsement to Contracting Party's general liability policy, shall be delivered to City at or
prior to the execution of this Agreement. In the event such proof of any insurance is not
delivered as required, or in the event such insurance is canceled at any time and no
replacement coverage is provided, City has the right, but not the duty, to obtain any
insurance it deems necessary to protect its interests under this or any other agreement
and to pay the premium. Any premium so paid by City shall be charged to and promptly
paid by Contracting Party or deducted from sums due Contracting Party, at City option.
8. It is acknowledged by the parties of this agreement that all insurance
coverage required to be provided by Contracting Party or any subcontractor, is intended
to apply first and on a primary, non-contributing basis in relation to any other insurance
or self-insurance available to City.
9. Contracting Party agrees to ensure that subcontractors, and any other party
involved with the project that is brought onto or involved in the project by Contracting
Exhibit E
Page 4 of 6
Party, provide the same minimum insurance coverage required of Contracting Party.
Contracting Party 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. Contracting Party agrees that upon request, all agreements
with subcontractors and others engaged in the project will be submitted to City for review.
10. Contracting Party agrees not to self -insure or to use any self -insured
retentions or deductibles on any portion of the insurance required herein (with the
exception of professional liability coverage, if required) and further agrees that it will not
allow any contractor, subcontractor, Architect, Engineer or other entity or person in any
way involved in the performance of work on the project contemplated by this agreement
to self -insure its obligations to City. If Contracting Party's existing coverage includes a
deductible or self -insured retention, the deductible or self -insured retention must be
declared to the City. At that time the City shall review options with the Contracting Party,
which may include reduction or elimination of the deductible or self -insured retention,
substitution of other coverage, or other solutions.
11. The City reserves the right at any time during the term of this Agreement to
change the amounts and types of insurance required by giving the Contracting Party
ninety (90) days advance written notice of such change. If such change results in
substantial additional cost to the Contracting Party, the City will negotiate additional
compensation proportional to the increased benefit to City.
12. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any steps that
can be deemed to be in furtherance of or towards performance of this Agreement.
13. Contracting Party acknowledges and agrees that any actual or alleged
failure on the part of City to inform Contracting Party of non-compliance with any
insurance requirement in no way imposes any additional obligations on City nor does it
waive any rights hereunder in this or any other regard.
14. Contracting Party will renew the required coverage annually as long as City,
or its employees or agents face an exposure from operations of any type pursuant to this
agreement. This obligation applies whether the agreement is canceled or terminated for
any reason. Termination of this obligation is not effective until City executes a written
statement to that effect.
15. Contracting Party shall provide proof that policies of insurance required
herein expiring during the term of this Agreement have been renewed or replaced with
other policies providing at least the same coverage. Proof that such coverage has been
ordered shall be submitted prior to expiration. A coverage binder or letter from
Contracting Party's insurance agent to this effect is acceptable. A certificate of insurance
and an additional insured endorsement is required in these specifications applicable to
the renewing or new coverage must be provided to City within five (5) days of the
expiration of coverages.
Exhibit E
Page 5 of 6
16. The provisions of any workers' compensation or similar act will not limit the
obligations of Contracting Party under this agreement. Contracting Party expressly
agrees not to use any statutory immunity defenses under such laws with respect to City,
its employees, officials, and agents.
17. Requirements of specific coverage features, or limits contained in this
section are not intended as limitations on coverage, limits or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference to a
given coverage feature is for purposes of clarification only as it pertains to a given issue
and is not intended by any party or insured to be limiting or all-inclusive.
18. These insurance requirements are intended to be separate and distinct from
any other provision in this Agreement and are intended by the parties here to be
interpreted as such.
19. The requirements in this Exhibit supersede all other sections and provisions
of this Agreement to the extent that any other section or provision conflicts with or impairs
the provisions of this Exhibit.
20. Contracting Party agrees to be responsible for ensuring that no contract
used by any party involved in any way with the project reserves the right to charge City
or Contracting Party for the cost of additional insurance coverage required by this
agreement. Any such provisions are to be deleted with reference to City. It is not the
intent of City to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against City for payment of premiums or other
amounts with respect thereto.
21. Contracting Party agrees to provide immediate notice to City of any claim
or loss against Contracting Party arising out of the work performed under this agreement.
City assumes no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to involve City.
Exhibit E
Page 6 of 6
Exhibit F
Indemnification
F.1 Indemnity for the Benefit of City.
a. Indemnification for Professional Liability. When the law establishes a
professional standard of care for Contracting Party's Services, to the fullest extent
permitted by law, Contracting Party shall indemnify, protect, defend (with counsel
selected by City), and hold harmless City and any and all of its officials, employees, and
agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of
every kind, nature, and description, damages, injury (including, without limitation, injury
to or death of an employee of Contracting Party or of any subcontractor), costs and
expenses of any kind, whether actual, alleged or threatened, including, without limitation,
incidental and consequential damages, court costs, attorneys' fees, litigation expenses,
and fees of expert consultants or expert witnesses incurred in connection therewith and
costs of investigation, to the extent same are caused in whole or in part by any negligent
or wrongful act, error or omission of Contracting Party, its officers, agents, employees or
subcontractors (or any entity or individual that Contracting Party shall bear the legal
liability thereof) in the performance of professional services under this agreement. With
respect to the design of public improvements, the Contracting Party shall not be liable for
any injuries or property damage resulting from the reuse of the design at a location other
than that specified in Exhibit A without the written consent of the Contracting Party.
b. Indemnification for Other Than Professional Liability. Other than in the
performance of professional services and to the full extent permitted by law, Contracting
Party shall indemnify, defend (with counsel selected by City), and hold harmless the
Indemnified Parties from and against any liability (including liability for claims, suits,
actions, arbitration proceedings, administrative proceedings, regulatory proceedings,
losses, expenses or costs of any kind, whether actual, alleged or threatened, including,
without limitation, incidental and consequential damages, court costs, attorneys' fees,
litigation expenses, and fees of expert consultants or expert witnesses) incurred in
connection therewith and costs of investigation, 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 by Contracting Party or by any individual or entity for which Contracting
Party is legally liable, including but not limited to officers, agents, employees, or
subcontractors of Contracting Party.
C. Indemnity Provisions for Contracts Related to Construction (Limitation on
Indemnity). Without affecting the rights of City under any provision of this agreement,
Contracting Party shall not be required to indemnify and hold harmless City for liability
attributable to the active negligence of City, provided such active negligence is
determined by agreement between the parties or by the findings of a court of competent
jurisdiction. In instances where City is shown to have been actively negligent and where
City's active negligence accounts for only a percentage of the liability involved, the
obligation of Contracting Party will be for that entire portion or percentage of liability not
attributable to the active negligence of City.
Exhibit F
Page 1 of 2
d. Indemnification Provision for Desian Professionals.
1. Applicability of this Section F.1(d). Notwithstanding Section F.1(a)
hereinabove, the following indemnification provision shall apply to a Contracting Party
who constitutes a "design professional" as the term is defined in paragraph 3 below.
2. Scope of Indemnification. When the law establishes a professional
standard of care for Contracting Party's Services, to the fullest extent permitted by law,
Contracting Party shall indemnify and hold harmless City and any and all of its officials,
employees, and agents ("Indemnified Parties") from and against any and all losses,
liabilities of every kind, nature, and description, damages, injury (including, without
limitation, injury to or death of an employee of Contracting Party or of any subcontractor),
costs and expenses, including, without limitation, incidental and consequential damages,
court costs, reimbursement of attorneys' fees, litigation expenses, and fees of expert
consultants or expert witnesses incurred in connection therewith and costs of
investigation, to the extent same are caused by any negligent or wrongful act, error or
omission of Contracting Party, its officers, agents, employees or subcontractors (or any
entity or individual that Contracting Party shall bear the legal liability thereof) in the
performance of professional services under this agreement. With respect to the design
of public improvements, the Contracting Party shall not be liable for any injuries or
property damage resulting from the reuse of the design at a location other than that
specified in Exhibit A without the written consent of the Contracting Party.
3. Design Professional Defined. As used in this Section F.1(d), the
term "design professional" shall be limited to licensed architects, registered professional
engineers, licensed professional land surveyors and landscape architects, all as defined
under current law, and as may be amended from time to time by Civil Code § 2782.8.
F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees
to obtain executed indemnity agreements with provisions identical to those set forth
herein this Exhibit F, as applicable to the Contracting Party, from each and every
subcontractor or any other person or entity involved by, for, with or on behalf of
Contracting Party in the performance of this Agreement. In the event Contracting Party
fails to obtain such indemnity obligations from others as required herein, Contracting
Party agrees to be fully responsible according to the terms of this Exhibit. Failure of City
to monitor compliance with these requirements imposes no additional obligations on City
and will in no way act as a waiver of any rights hereunder. This obligation to indemnify
and defend City as set forth in this Agreement are binding on the successors, assigns or
heirs of Contracting Party and shall survive the termination of this Agreement.
Exhibit F
Page 2 of 2
CONSENT CALENDAR ITEM NO. 13
City of La Quinta
CITY COUNCIL MEETING July 21, 2026
STAFF REPORT
AGENDA TITLE- APPROPRIATE FUNDING AND APPROVE AGREEMENT FOR
CONTRACT SERVICES WITH DISABILITY ACCESS CONSULTANTS, LLC FOR
AMERICANS WITH DISABILITIES ACT COMPLIANCE ASSESSMENTAND TRANSITION
PLAN CONSULTING SERVICES
RECOMMENDATION
Appropriate funding and approve Agreement for Contract Services with Disability Access
Consultants, LLC for Americans with Disabilities Act compliance assessment and transition
plan consulting services, for a total not to exceed amount of $250,000; and authorize the
City Manager to execute the agreement.
EXECUTIVE SUMMARY
• Title II of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12131-
12134, requires cities to ensure that individuals with disabilities are not excluded
from participation in, denied the benefits of, or subjected to discrimination by any
service, program, or activity.
• The City is committed to providing accessible programs, services, facilities, and
public rights -of -way in compliance with the ADA and related accessibility
requirements.
• In May 2026, staff published a Request for Proposals (RFP) seeking qualified firms
to provide ADA accessibility compliance assessment and transition plan consulting
services; and received 10 proposals. Disability Access Consultants, LLC (DAC) was
selected as most qualified.
• Proposed is an Agreement for Contract Services (Attachment 1) with DAC to
complete the compliance assessments and transition plan fora 2-yearterm through
June 30, 2028, with an optional 1-year extension through June 30, 2029.
FISCAL IMPACT
The proposed agreement is for not to exceed total compensation of $250,000, as detailed
in the table below, for an initial 2-year term through June 30, 2028, with an optional one-
year extension. If approved, an appropriation of $250,000 from General Fund Unassigned
Reserves is needed in the City Clerk Department's Professional Services budget (Account
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no. 101-1005-60103). The appropriation will remain available through the term of the
agreement, and any remaining funds will be carried over year over year until the
assessment and transition plans are completed.
ADA Assessment Tasks
Cost
1.
Project Mana ement
$ 5,400
2.
City -Wide Program, Policy and Procedure Review
$ 5,400
3.
Accessibility Surveys of Facilities, Parks and Parkin Lots
$ 98,500
4.
Accessibility Surveys of Public Right -of -Way
$ 80,000
5.
Web and Digital Accessibility Assessment
$ 31,800
6.
Public and Stakeholder Outreach and Engagement
$ 4,800
7.
Transition Plan Development
$ 6,600
8.
Tools, Training and Implementation Support
Included
9.
Final Deliverables
$ 4,800
10.
Contingency - approximately 5%
$ 12,400
Totals
$ 250,000
BACKGROUND/ANALYSIS
In accordance with the requirements of Title 11 of the Americans with Disabilities Act of 1990
(ADA), 42 U.S.C. §§ 12131-12134, the City is required to ensure that individuals with
disabilities are not excluded from participation in, denied the benefits of, or subjected to
discrimination by any service, program, or activity.
Physical accessibility
The City is looking to continue its commitment to providing accessible programs, services,
facilities, and public rights -of -way, by updating a previously completed ADA transition plan,
self -evaluation and assessment, and reviewing all City policies and procedures to ensure
accessibility.
The ADA compliance assessment will include evaluation of all interior and exterior
elements, including the parking lots, path of travel, common areas throughout City -owned
and tenant occupied buildings, as well as City -owned parks, trails, outdoor facilities and
open spaces which are subject to the requirements of the ADA, and will perform
assessments of all areas within City -owned recreational facilities. The assessment will
provide a comprehensive plan that identifies physical barriers at each facility and will
propose solutions to ensure accessibility for individuals with disabilities to City facilities,
sidewalks, programs, services, activities, and events.
Digital Accessibility
Additionally, Title II includes digital accessibility requirements to ensure that websites and
mobile applications through which members of the public access programs, services, and
activities are accessible to individuals with disabilities. The generally recognized technical
standard for accessibility for people with disabilities is Web Content Accessibility Guidelines
(WCAG) 2.1 Level AA. WCAG requires that accessible content should be perceivable,
operable, understandable, and robust.
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To establish a roadmap for achieving digital compliance in accordance with Title II, the City
is looking to conduct a comprehensive review of its digital content, including City websites,
digital documents, third party applications, and mobile applications. This review will identify
accessibility barriers, determine appropriate remediation measures, and support the
development of a digital accessibility transition plan to ensure all content meets required
standards.
In May 2026, staff published an RFP seeking proposals from qualified firms to provide ADA
accessibility compliance assessment and transition plan consulting services; received 10
proposals; and selected DAC as most qualified and responsive.
DAC will develop a comprehensive ADA self -evaluation and transition plan for both
physical and digital compliance of Title II requirements including a summary of the
self -evaluation findings for City facilities, policies, programs, and practices, along with
recommendations for remediation measures to correct identified deficiencies, a
methodology for prioritizing barrier removal, and cost estimates for the recommended
actions, as well as assist the City with developing an implementation schedule that includes
measurable steps for monitoring progress through DAC's many software solutions.
The proposed agreement with DAC is for a total not to exceed amount of $250,000 for an
initial 1-year term through June 30, 2028, with an optional 1-year extension, to complete
the physical and digital compliance assessments and transition plans. Upon completion of
both ADA assessments, staff will evaluate any further remediation steps recommended and
bring to Council any additional requests to ensure the City is in compliance, if necessary.
ALTERNATIVES
Council may elect not to modify or not approve this Agreement, however, as ADA
regulations are required, this is not recommended.
Prepared by: Oscar Mojica, Deputy City Clerk
Approved by: Monika Radeva, City Clerk
Attachment: 1. Agreement for Contract Services with DAC
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