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HomeMy WebLinkAboutCC Resolution 11621 (ADA Access Compliance Services)RESOLUTION NO. 11621 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AN AGREEMENT WITH SALLY SWANSON ARCHITECTS, INC. FOR AMERICANS WITH DISABILITIES (ADA) ACCESS COMPLIANCE SERVICES (Commencing 09/07/04 and terminating on 06/30/06; upon approval of City Manager agreement may be extended for additional period of one-year) WHEREAS, The City of San Rafael has entered into a Settlement Agreement with the Department of Justice, requiring that the City undertake numerous actions in order to improve access to the City's facilities, programs and services under the ADA, and WHEREAS, the City has needs to respond to various technical requirements and individual requests regarding the removal of barriers that currently limit program, service and facility access to the disabled community, and WHEREAS, the City desires to have a diverse group of expertise that can be available to respond to ADA issues, including consulting expertise when needed. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: The City Manager and City Clerk are authorized to execute, on behalf of the City of San Rafael, an agreement with Sally Swanson Architects, Inc., for Americans with Disabilities Act Access Compliance Services, a copy of which is hereby attached and by this reference made a part hereof. I, Jeanne M. Leoncini, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on the 7th day of September, 2004, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miller AJAN M. LEONCM, City Clerk WAManagement services- WorkFile\Finance- WorkFile\Council Material\Resolutions\2004\City\swanson reso.doc Page 1 of 1 This Agreement is made and entered into as of the 7th day of September 2004, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and Sally Swanson Architects, Inc. (hereinafter "CONTRACTOR"). WHEREAS, the CITY Attorney's Office desires professional access compliance consulting services in connection with the Department of Justice's Project Civic Access Settlement Agreement, as well as overall compliance, access reviews and assistance with ADA laws and related compliance under Federal and State regulations; and WHEREAS, CONTRACTOR has the expertise to provide the required ADA and access compliance consulting services. NOW, THEREFORE, the parties hereby agree as follows: fflmmm�hl • ► NA A. CITY. The City Attorney shall be the representative of the CITY for all purposes under this Agreement. The Deputy City Attorney, or his designee, is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONTRACTOR. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. Jurgen Dostert is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR for any reason, the CONTRACTOR shall notify the CITY within ten (10) business days of the substitution. CONTRACTOR shall perform the duties and/or provide services (as more fully described in Exhibit A) as follows: ■ Providing general ADA and California Title 24 technical assistance. ■ Surveying and/or inspecting facilities for ADA/Title 24 compliance. Swanson Architects Agreeiiient • Conducting ADA/Title 24 plan reviews, and conducting ADA/Title 24 training and workshops. ■ Providing code research, collect and present data to allow city officials to make decisions. ■ Providing assistance in the development of policies, practices, and procedures, as well as ADA/Title 24 guidelines, standards, and forms. ■ Providing assistance in the analysis and resolution of ADA/Title 24 complaints. ■ Providing assistance in implementation of the Project Civic Access settlement agreement. 4. DT TTMq (lF ( :TTY. CITY shall pay the compensation as provided in Paragraph 5, and cooperate with the CONTRACTOR in the performance of its duties. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR for the services rendered and expenditures incurred, and at the hourly rates set forth in Exhibit A, in a total amount not to exceed $50,000. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. r.111111BURLTAIrels WINu WON The term of this Agreement shall commence on the date set forth at the top of this Agreement and shall terminate on June 30, 2006, unless terminated earlier as provided in Section 7 hereafter. Upon mutual agreement of the parties, and subject to the approval of the City Manager, the term of this Agreement shall be extended for an additional period of one year. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) daytime period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. 2 Swanson Architects Agreement D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. � 0I"AWIVI .y111�7�7�7Ni1�1�1�fIK`� The written documents and materials prepared by the CONTRACTOR in connection with the performance of its duties under this Agreement shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. 9. INSPECTIONS AND AT TDTT. Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. 10. ASSTGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 1► `Cil7_�[M� A. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to CITY, the following insurance policies: 1. A comprehensive general liability insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence for death, bodily injury, personal injury, or property damage; 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence; 3. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million ($1,000,000) dollars to cover any claims arising out of the CONTRACTOR's performance of services under this Agreement. B. The insurance coverage required of the CONTRACTOR by section 11. A., shall also meet the following requirements: 3 Swanson Architects Agreement 1. The insurance shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or coverage for any contribution. 2. Except for professional liability insurance, the insurance policies shall be endorsed for contractual liability and personal injury. 3. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. 4. CONTRACTOR shall provide to City's Risk Manager, (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming CITY, its officers, agents, employees, and volunteers, as additional named insureds under the policies. 5. The insurance policies shall provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon thirty (3 0) days written notice to City's Risk Manager. 6. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 7. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 8. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. C. If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. D. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the City's Risk Manager and the City Attorney. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. 12. RM1MNfMWATTO . CONTRACTOR shall indemnify, release, defend and hold harmless CITY, its officers, agents, employees, and volunteers, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees and administrative costs, arising out of or resulting in 4 Swanson Architects Agreement any way, in whole or in part, from any acts or omissions, intentional or negligent, of CONTRACTOR or CONTRACTOR'S officers, agents and employees in the performance of their duties and obligations under this Agreement. WNMM 81 LIEN M lu 110. •► CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. • LVA I U M WINkilo MMILTA IN: W-111 ME CONTRACTOR shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 15. LMLO THTRT) PARTY BF.NF.FTC'TARTF.S. CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 16. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY: Eric Davis, Deputy City Attorney City of San Rafael 1400 Fifth Ave. (P.O. Box 151560) San Rafael, CA 94915-1560 TO CONTRACTOR: Jurgen Dostert Project Director Sally Swanson Architects, Inc. 490 Post Street, Suite 830 San Francisco, CA 94102 5 Swanson Architects Agreement For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. ON 11.ul ON 18 1► A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 19. SF.T-nFF AGATNRT T)FRTS. CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 6 Swanson Architects Agreement PA •R% NW -1110 I D • : ►1 thUlbs The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 1►1 ►111115 1.1 A CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code. CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes. CONTRACTOR's taxpayer identification number is 01-0600856, and CONTRACTOR certifies under penalty of perjury that said taxpayer identification number is correct. The laws of the State of California shall govern this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL RO GOULD, City Manager ATTEST: JEVJqNE M. LEONCE- I, City Clerk APPROVED, A�� TO ORM: GARY T. GGH"TI, City Attorney 0 0 I I MIX 11C•y7 rte' _Name: Title: W:\City Managers- WorkFileWgreements & Contracts\04\Swanson Architects Agm.doc 7 EXHIBIT "A" August 4, 2004 Ken Nordhoff Assistant City Manager; ADA Coordinator City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 RE: Access Compliance Services Dear Mr. Nordhoff: SALLY SwAxsav ARCHITEX S, INC. Architecture, Planning, ,Accessible Design 490 POST Slreel, Sllite 830 Scnt Francisco, C4 94102 Phone: 415-445-3045 Far: 415-445-3055 ssa� is � c u Anna i •r11. cou r SSA Proj.: 24056-300 Per your request, please find enclosed Sally Swanson Architects', Inc. (SSA) proposed retainer agreement for Access Compliance Services upon request for the City of San Rafael. SSA has assisted clients such as cities, counties, and the state to successfully resolve complex accessibility matters. Over the years, we have established ourselves as highly skilled professionals, respected by both the public and private sector, and the disabled community. We look forward to continue to work with the City of San Rafael on these important issues. If you have and questions about our proposal, please give us a call at 415-445-3045. Sincerely, Sally Swanson, AIA, President Sally Swanson Architects, Inc. Ken Nordhoff, City of San Rai..;i Access Compliance Services Page 2 SCOPE OF WORK Under the proposed agreement, the City of San Rafael shall retain Sally Swanson Architects, Inc. (SSA) as an access compliance expert, available upon request, to assist designated City staff with a variety of general and specific access compliance issues. Tasks may include, but are not limited to: ■ Providing general ADA and California Title 24 technical assistance ■ Surveying and/or inspecting facilities for ADA/Title 24 compliance ■ Conducting ADA/Title 24 plan reviews ■ Conducting ADA/Title 24 training and workshops ■ Providing code research, collect and present data to allow city officials to make decisions ■ Providing assistance in the development of policies, practices, and procedures ■ Providing assistance in the development of ADA/Title 24 guidelines, standards, and forms ■ Providing assistance in the analysis and resolution of ADA/Title 24 complaints ■ Providing assistance in implementation of the Project Civic Access settlement agreement FEE INFORMATION Under this Retainer Agreement, SSA shall work under the direction of designated City staff only. Designated City staff may initiate tasks under this retainer agreement by communicating the relevant details of the task(s) to SSA's assigned Project Director. Hourly Billing Rates for Access Compliance Services: - Principal $160.00 - Project Director $140.00 - Access Surveyor $90.00 - Technical Staff $65.00 List Of Reimbursable Expenses (if applicable): ■ Project travel expenses ■ Rental car plus gas ■ Expense of reproduction, postage and delivery of documents ■ Long distance telephone calls, faxes, and telexes ■ Special delivery and messenger services Reimbursable expenses are reimbursable at 115% of the actual amounts incurred.