Anaheim City Council
February 13, 2024

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28 OFFICE OF THE CITY ATTORNEY

CITY OF ANAHEIM
200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123

A G R E E M E N T
THIS AGREEMENT (“Agreement”), dated for purposes of identification only this____________day of________________, 2024, is made and entered into by and between the CITY OF ANAHEIM, a municipal corporation,
hereinafter referred to as "ANAHEIM",
A
N
D

BLUE ACCESSIBILITY CONSULTANTS, LLC,
a California limited liability company,
hereinafter referred to as "CONSULTANT".

ANAHEIM and CONSULTANT are someti mes individually referred to herein as “Party” and collectively as “Parties.”
W I T N E S S E T H:

WHEREAS, ANAHEIM is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City of Anaheim; and
WHEREAS, ANAHEIM desires to engage CONSULTANT to
perform professional consulting (“Services”) related to the American s with Disabilities Act (ADA), Title 504 of the Rehabilitation Act, and Title VI of the Civil Right Act for all City Departments (the “Project”); and
WHEREAS, CONSULTANT possesses the skill, experience, ability, background, certification and knowledge to provide the services for the Project as described in this Agreement; and
WHEREAS, ANAHEI M ha s solicite d and rece ived a proposa l from CONSULTANT, ha s reviewe d the previous experience a nd evaluate d the expe rtise of CONSULTANT, and desires to retain CONSULTANT to render professional services under the terms and conditions set forth in this Agreement.
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28 OFFICE OF THE CITY ATTORNEY

CITY OF ANAHEIM
200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123

NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL

PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS:

1. SERVICES TO BE PROVIDED BY CONSULTANT
In compliance with all of the terms and conditions of this Agreement, CONSULTANT shall provide to ANAHEIM all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional consulting services necessary for the Project (“Services”). The Services are more particularly described in CONSULTANT’s Proposal dated October 23, 2023, attached hereto as Exhibit A and incorporated herein by this reference (“Proposal”), but essentially consists of the following tasks:

2. TERM
The term of thi s Agreement shall commence on the date this Agreement is executed by ANAHEM and shall terminate one (1) year thereafter , unless sooner terminated as provided herein ("Initial Term"). The Director is hereby authorized to renew this Agreement upon the same terms and conditions for no more than three (3) additional one (1) year terms after the Initial Term ("Renewal Term"), unless CONSULTANT provides written notice of termination no less than thirty (30) days prior to completion of the term in progress (herein after the phrases “Initial Term” and “Renewal Term,” if any, shall be collectively referred to as the “Term").

3. TIME OF PERFORMANCE

3.1 Time is of the essence in the performance of this Agreement and the Services shall be performed to completion in a diligent and timely manner. The failur e by CONSULTANT to perform the S ervices in a diligent and timely manner may result in termination of this Agreement by ANAHEIM.

3.2 The time period(s) specified 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 CONSULTANT, including, but not

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28 OFFICE OF THE CITY ATTORNEY

CITY OF ANAHEIM
200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123
restricted to, acts of God or of the public enemy, unusually severe weather, fi res, earthquakes, floods, pestilence, and other natural catastrophes, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, civil disturbance or disobedience, labor dispute, labor or material shortage, sabotage, government priorities, restraint by court order or public authority and action or non -action by or inability to obtain the necessary authorization or approvals from any governmental agency or authority, and/or acts of any governmental agency, including ANAHEIM, which by the exercise of due diligence such Party could not reasonably have been expected to avoid and which by exercise of due diligence has been unable to overcome, if CONSULTANT shall within ten (10) days of the commencement of such delay notify the Project Administrator identified below in writing of the causes of the delay. The Project Administrator shall ascertain the facts and the extent of delay, and may extend the time for performing the Services for the period of the enforced d elay if, in the judgment of the Project Administrator , such delay is justified. The Project Administrator’s determination shall be final and conclusive upon the Parties to this Agreement. In the event of delay, however caused, CONSULTANT’s sole remedy sh all be an extension of the Agreement , pursuant to this Section , and CONSULTANT shall not be entitled to recover damages against ANAHEIM.

4. COMPENSATION

4.1 ANAHEIM shall pay CONSULTANT for the Services rendered, pursuant to this Agreement, in the amou nt of One Hundred Ninety -Four Thousand, One Hundred Sixty - Five Dollars and 00/100 Cents ($194,165.00 ) per year, pursuant to the fee proposal set forth in Exhibit A and incorporated herein by reference (“Schedule of Compensation").

CONSULTANT and ANAHEIM agree that no changes to the fee proposal set forth in Exhibit A shall be made during the term of this Agreement without the prior written approval of ANAHEIM.

4.2 Extra Work. The Director of Public Works is authorized to approve additional expenditures to be paid to CONSULTANT, pursuant to this Agreement, for Extra Work not included in the Scope of Services, in the amount of Twenty-Nine Thousand, Five Hundred Dollars and 00/100 Cents ($29,500.00) if the Director of Public Works determines, in hi s or her

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28 OFFICE OF THE CITY ATTORNEY

CITY OF ANAHEIM
200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123
sole discretion, that the additional Extra Work is necessary for the successful completion of the Services.
.01 In no event shall CONSULTANT render Extra Work beyond the scope of this Agreement without the written authorization of the Director of Public Works. .02 All Extra Work approved in writing by the Director of Public Works shall be billed at either the rates set forth in the Schedule of Compensation or at a fixed price, at ANAHEIM’s sole discretion. If billed at a fixed price, CONSU LTANT shall provide ANAHEIM with general description of the Extra Work to be performed with a proposed price.

At such time as the Director of Public Works has approved the Extra Work, has agreed to a fixed price for the services, and has notified CONSULTA NT of such approval and agreement in writing, CONSULTANT shall perform the Extra Work.
.03 Except as specifically provided herein, no additional Services or Extra Work beyond the scope of this Agreement shall be rendered by CONSULTANT unless previously authorized in writing by the Director of Public Works. .04 As used herein, “Extra Work” means any work that is determined by ANAHEIM to be necessary for the proper completion of the Services, but which is not included within the Scope of Services and which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

4.3 It is understood by and agreed between the Parties to this Agreement that full and complete payment for all Services provided in accordance wit h this Agreement, including, but not limited to, all Extra Work, reimbursable expenses and subconsultant fees, if any, shall not exceed Two Hundred Twenty -Three Thousand, Six Hundred Sixty -Five Dollars and 00/100 Cents ($223,665.00) per year for the Term of the Agreement.

4.4. CONSULTANT shall submit monthly invoices to ANAHEIM describing the work performed the preceding month. CONSULTANT’s bills shall include the name of the person who performed the work, a brief description of the Services performed a nd/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any

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CITY OF ANAHEIM
200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123
reimbursable expenditures. ANAHEIM shall pay CONSULTANT n o later than thirty (30) days after approval of the monthly invoice by ANAHEIM staff.

4.5 All Parties recognize that the continuation of this Agreement after the close of any fiscal year of ANAHEIM, which fiscal year ends on June 30 of each year, shal l be subject to budget approval providing for or covering such contract items as an expenditure in said budget. ANAHEIM does not represent that said budget item will be actually adopted, said determination being the determination of the City Council at th e time of the adoption of the budget herein. No penalty shall accrue to ANAHEIM in the event this provision shall be exercised. Should termination be accomplished in accordance with this Section, a settlement shall be negotiated by the Parties based on i tems delivered, services provided, monies paid and monies due.

5. PROJECT MANAGER

5.1 CONSULTANT has designated a Project Manager with respect to the Services provided pursuant to this Agreement . The Project Manager shall be available to ANAHEIM at all reasonable times during the Term of this Agreement. It is expressly understood that the experience, knowledge, capability and reputation of the Project Manager are a substantial inducement for ANAHEIM to enter into this Agr eement. Therefore, the Project Manger shall be responsible during the Term of this Agreement for directing all activities of CONSULTANT and devoting sufficient time to personally supervise the provision of Services hereunder. The Project Manager may not be changed by C ONSULTANT and no o ther personnel may be assigned to supervise the Services to be provided hereunder without the express written consent of ANAHEIM.

5.2 Any personnel or subconsultant, if any, who fail or refuse to perform the Services in a manner acceptable to ANAHEIM, or who are determined by ANAHEIM, in its sole discretion, to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, or a threat to the safety of persons or property, shall be promptly removed from the Project by CONSULTANT at the request of ANAHEIM. CONSULTANT warrants that it will continuously furnish the necessary personnel to complete the Services on a timely basis as

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CITY OF ANAHEIM
200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123
contemplated by this Agreement.

6. ADMINISTRATION
This Agreement wil l be administered by the Publi c Works Department of ANAHEIM. The Deputy Public Works Director, or designee, shall be the Project Administrator.

The Project Administrator shall have the power to act on behalf of ANAHEIM for review and approval of all Services performed by CONSULTANT und er this Agreement. The Public Works Director is authorized to take any action delegated to the Project Administrator under this Agreement, as well as to replace the Project Administrator , approve Extra Work under the Agreement, and/or terminate Services in accordance with Section 25 of this Agreement.

7. STANDARD OF CARE

7.1 CONSULTANT shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. CONSULTANT represents and maintains that it is skilled in the professional calling necessary to perform the Services. CONSULTANT warrants that all employees and subconsultants, if any, shall have sufficient skill and experience to perform the Services assigned to them. By delivery of completed work, CONSULTANT certifies that the work conforms to the requirements of this Agreement; all applicable federal, state and local laws; and the professional standard of care.

7.2 CONSULTANT represents and warrants to ANAHEIM that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatso ever nature that is legally required of CONSULTANT to practice its profession. CONSULTANT shall maintain a City of Anaheim business license during the term of this Agreement.

8. FAMILIARITY WITH WORK
By executing this Agreement, CONSULTANT represents an d warrants that CONSULTANT: (i) has thoroughly investigated and considered the Services to be performed; (ii) has carefully considered how the S ervices should be provided; and (iii) fully understands the facilities, difficulties and restrictions attending the provision of the S ervices under this

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28 OFFICE OF THE CITY ATTORNEY

CITY OF ANAHEIM
200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123
Agreement. Should CONSULTANT discover any latent or unknown conditions materially differing from those inherent in the provision of such S ervices or as represented by ANAHEIM, CONSULTANT shall immediately inform ANAHEIM of such fact and shall not proceed except at CONSULTANT’s risk until written instructions are received from ANAHEIM.

9. INDEPENDENT CONTRACTOR

9.1 Neither ANAHEIM nor any of its employees shall have any control over the manner, mode or means by whi ch CONSULTANT, its agents or employees, perform the services required herein, except as otherwise set forth herein. Except as expressly provided herein, ANAHEIM shall have no voice in the selection, discharge, supervision or control of CONSULTANT’s employ ees, servants, representatives or agents, or in fixing their number, compensation or hours of service. CONSULTANT shall perform all services required herein as an independent contractor of ANAHEIM and shall remain at all times, as to ANAHEIM, a wholly inde pendent contractor with only such obligations as are consistent with that role.

CONSULTANT shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of ANAHEIM. ANAHEIM shall not in any way or for an y purpose become or be deemed to be a partner of CONSULTANT in its business or otherwise or a joint venturer or a member of any joint enterprise with CONSULTANT.

9.2 In consideration for the compensation paid to CONSULTANT by ANAHEIM, CONSULTANT agrees t hat ANAHEIM shall not be liable or responsible for any benefits, including, but not limited to, worker’s compensation, disability, retirement, life, unemployment, health or any other benefits, and CONSULTANT agrees that it shall not sue or file a claim, petition or application therefor against ANAHEIM or any of its officers, employees, agents, representatives or sureties.

10. INSURANCE

10.1 Without limiting ANAHEIM’S right to indemnification, it is agreed that CONSULTANT shall secure, prior to commencing any activities under this Agreement, and maintain, during the term of this Agreement, insurance coverage as follows:
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28 OFFICE OF THE CITY ATTORNEY

CITY OF ANAHEIM
200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123
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.01 Workers’ Compensation Insurance as required by California law and Employers Liability Insurance in an amount not less th an $1,000,000 per occurrence/accident/illness/injury.
.02 Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability, as well as Indepen dent CONSULTANT’S Liability where appropriate, in an amount not less than $2,000,000 per occurrence, $4,000,000 annual aggregate, written on an occurrence form. Such insurance shall be written on a primary basis but may include a deductible or self -insured retention of more than $10,000 per occurrence, provided that such deductible or self-insured retention is disclosed to ANAHEIM, in writing, at the inception of this Agreement.
.03 Commercial Automobile Liability Coverage including —as applicable—owned, non-owned, and hired autos, in an amount not less than $2,000,000 per occurrence, combined single limit, as required by California law. .04 Professional Liability Insurance, inclusive of Cyber Liability Insurance, in an amount not less than $2,000,000 per occurrence or per claim. Such insurance shall be written on a primary basis but may include a deductible or self -insured retention of more than $10,000 per occurrence, provided that such deductible or self -insured retention is disclosed to ANAHEIM, in writing, at the inception of this Agreement.

10.2 Any required coverage written with primary and excess layers to satisfy the minimum requirements of this Agreement must be submitted for approval by ANAHEIM’s Risk Manager prior to the inception of the final Agreement.

CONSULTANT agrees that this insurance shall not be voluntarily cancelled by CONSULTANT or limited in scope or coverage by CONSULTANT until after thirty (30) days prior written notice has been given to the Cit y Clerk, City of Anaheim, 200 S. Anaheim Blvd., Anaheim, CA 92805. This does not apply to cancellation for non -payment of premium, which requires notice of not less than ten (10) days.

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CITY OF ANAHEIM
200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123

10.3 Each insurance policy required by this Agreement, excepting policies for Professional Liability and Workers’ Compensation, shall contain the following clauses or shall otherwise provide for the following conditions:
.01 It is agreed that any insurance maintained by CONSULTANT, pursuant to this Agreement, shall be primary to, and not contribute with, any insurance or self - insurance maintained by the City of Anaheim.
.02 The City of Anaheim, its officers, agents, employees, representatives, and ANAHEIM - designated volunteers are added as additional insured as respects the acts, omissions, operations and activities of, or on behalf of, the named insured, in regard to products supplied to, or work or services performed for, or related to, the City of Anaheim.

10.4 Prior to commencing any work under this Agreement, CO NSULTANT shall deliver to ANAHEIM insurance certificates confirming the existence of the insurance required under this Agreement, and including the applicable clauses referenced above. Also, within thirty (30) days of the execution date of this Agreemen t, CONSULTANT shall provide ANAHEIM (i) endorsements to the insurance policies that add to these policies the applicable clauses referenced above, or (ii) in lieu of said endorsements, documentation acceptable to ANAHEIM evidencing that the cove rage, terms, and conditions set forth in the above-referenced clauses are otherwise included in said insurance policies. Insurance required hereunder shall be placed with insurers (i) admitted to write insurance in California, (ii) possessing an A. M. Best’s rating of A VII or higher, or (iii) otherwise acceptable to ANAHEIM, with prior written permission from ANAHEIM. In the event that a claim or other legal action is filed against ANAHEIM, and if ANAHEIM, in its good faith opinion, believes it may hav e coverage under any of the insurance required herein, then ANAHEIM has the right to demand, and to receive within a reasonable time period, copies of the insurance policies related to such required insurance; provided, however, that this provi sion shall not apply if the parties agree that CONSULTANT shall fully defend, hold harmless, and indemnify ANAHEIM against any such claim or other legal action.

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CITY OF ANAHEIM
200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123
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10.5 In addition to other remedies ANAHEIM may have if CONSULTANT fails to provide or maint ain any insurance policies or policy endorsements to the extent and within the time herein required, ANAHEIM may, at its sole option:
.01 Order CONSULTANT to stop work under this Agreement and/or withhold any payment(s) that become due to CONSULTANT her eunder until CONSULTANT demonstrates compliance with the requirements hereof.
.02 Terminate this Agreement.

Exercise of any of the above remedies, however, is an alternative to other remedies ANAHEIM may have and is not the exclusive remedy for CONSULT ANT’S failure to maintain insurance or secure appropriate endorsements.

10.6 Nothing herein contained shall be construed in any way as limiting the extent that an CONSULTANT may be held responsible for payments of damages to persons or property resulting from CONSULTANT’S, (or CONSULTANT’S AGENT or SUB -AGENT, if any) performance of the work covered under this Agreement.

10.7 In the event CONSULTANT hires other persons or firms to perform some of the work related to this Agreement, CONSULTANT s hall ensure (i) that the acts or omissions of such persons or firms are covered under the above -referenced liability insurance, or (ii) that such firms maintain insurance equal to or better than, and subject to the same limits, terms and conditions as, the insurance required of CONSULTANT under this Agreement (except for firms that are not performing professional services —such firms shall not be required to carry the above-referenced professional liability insurance); and in either instance, CONSULTANT shal l provide, or cause to be provided, evidence of such insurance coverage, reasonably acceptable to ANAHEIM.

10.8 ANAHEIM’S Risk Manager is hereby authorized to amend the requirements set forth herein in the event that such reduction is in ANAHEIM’S best in terest.

11. INDEMNIFICATION

11.1 As respects acts, errors or omissions in the performance of professional

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CITY OF ANAHEIM
200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123
services, CONSULTANT agrees to indemnify and hold harmless ANAHEIM, its officials, officers, and employees from and against any and all claims, loss es, damages, defense costs, or liability, of any kind or nature, directly arising out of the negligent acts, errors or omissions of the CONSULTANT or any SUB -AGENT in the performance of professional services under this Agreement.

11.2 As respects all a cts, errors or omissions that do not arise directly out of the performance of professional services, including but not limited to those acts, errors or omissions typically covered by general and automobile liability insurance, CONSULTANT agrees to indemnify, defend (at ANAHEIM'S option), and hold harmless ANAHEIM, its officials, officers, employees, agents, and representatives from and against any and all claims, losses, damages, defense costs, or liability, of any kind or nature (collectively referred to hereinafter as “Claims”), arising out of or in connection with CONSULTANT’S (or CONSULTANT'S AGENT or SUB-AGENT, if any) acts, errors, omissions, or work, relative to this Agreement; except for those Claims that arise out of the sole negligence or willful misconduct of ANAHEIM.

11.3 The obligations set forth in this indemnification provision (i) shall be in effect without regard to whether or not ANAHEIM, CONSULTANT, or any other person maintains, or fails to maintain, insurance coverage, or a self -insurance program, for any such Claims; and (ii) shall survive the termination of this Agreement.

12. PREVAILING WAGES
CONSULTANT is aware of the requirements of California Labor Code Sections 1720 et seq and 1770 et seq, the California Code of Regulations, Title 8, Section 16000 et seq and the Davis-Bacon Act (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” projects. It shall be CONSULTANT ’s sole obligation to determine whether, and to what extent if any, the Prevailing Wage Laws apply to the Project. CONSULTANT is aware and agrees that i f both the Davis-Bacon Act and State of California prevailing wage laws apply , and the federal and state prevailing rate of per diem wages differ, CONSULTANT or its employees, agents , contractors,

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200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123
and subcontractors, if any, shall pay the higher of the two rates. Said prevailing rate of per diem wages are on file at the City of Anaheim, Office of the City C lerk, 200 South Anaheim Boulevard, Anaheim, California 92803, and are available to any interested party on request.

CONSULTANT shall defend, indemnify and hold ANAHEIM, its elected officials, officers, employees and agents free and harmless from any claims , liabilities, costs, penalties or interest arising out of any actual or alleged failure by C ONSULTANT or its employees, agents , contractors, and subcontractors to comply with the Prevailing Wage Laws, if applicable to the Project.

13. PROGRESS
CONSULTANT is responsible for keeping the Project Administrator and/or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Services, activities performed and planned, and any meetings that have been scheduled or are desired.

14. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
The P arties recognize that a substantial inducement to ANAHEIM for entering into this Agreement is the professional reputation, experience and competence of CONSULTANT. Neither the whole nor any interest in, nor any of the rights or privileges granted under this Agreement shall be assign ed, transferred or encumbered in any way without the prior written consent of ANAHEIM. Any such purported assignment, transfer, encumbrance, pledge, subuse, or permission given without such consent shall be void as to A NAHEIM. If ANAHEIM approves an assignment or transfer, this Agreement and the covenants and conditions contained herein shall be binding upon and inure to the benefit of and shall apply to the permitted successors and assigns of CONSULTANT.

15. SUBCONTRACTING
Except for those subcontractors set forth in the Proposal, if any, CONSULTANT shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of ANAHEIM. CONSULTANT shall be fully responsible to ANAHEIM for all acts and omissions of any approved subcontractor. Nothing in this

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CITY OF ANAHEIM
200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123
Agreement shall create any contractual relationship between ANAHEIM and subcontractor nor shall it creat e any obligation on the part of ANAHEIM to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. ANAHEIM is an intended beneficiary of any work performed by any subcontractor for purposes of esta blishing a duty of care between the subcontractor and ANAHEIM pursuant to this Agreement.

16. USE AND OWNERSHIP OF DOCUMENTS AND DATA

16.1 ANAHEIM shall furnish to C ONSULTANT such documents and materials as may be relevant and pertinent to the provisi on of services hereunder as ANAHEIM may possess or acquire.

16.2 All documents and materials furnished by ANAHEIM to CONSULTANT, Section 16.1, shall remain the property of ANAHEIM and shall be returned to ANAHEIM upon termination of this Agreement , for any reason. All documents or material prepared or caused to be prepared by CONSULTANT, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of ANAHEIM, and ANAHEIM shall hav e the sole right to use such materials in its discretion without further compensation to CONSULTANT or any other party. C ONSULTANT shall, at CONSULTANT’s sole cost and expense, provide such documents and material to ANAHEIM upon prior written request.

16.3 Documents and material prepared by C ONSULTANT, pursuant to this Agreement, are not intended or represented to be suitable for reuse by ANAHEIM or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from C ONSULTANT will be at ANAHEIM’s sole risk and without liability to CONSULTANT. Further, any and all liability arising out of changes made to CONSULTANT’s deliverables under this Agreement by ANAHEIM or persons other than C ONSULTANT, is waived against C ONSULTANT and ANAHEIM assumes full responsibility for such changes unless ANAHEIM has given C ONSULTANT prior notice and has received from CONSULTANT written consent for such changes.

17. CONFIDENTIALITY

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CITY OF ANAHEIM
200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123
All documents, including drafts, preliminary drawings or plans, notes , ideas and communications that result from the Services provided under this Agreement, shall be kept confidential by CONSULTANT unless ANAHEIM authorizes, in writing , the release of said information.

18. INTELLECTUAL PROPERTY INDEMNITY
CONSULTANT shall defend and indemnify ANAHEIM, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States’ letters paten t, trademark, or copyright infringement, including costs, contained in the work product or documents provided by CONSULTANT to ANAHEIM pursuant to this Agreement.

19. RECORDS
CONSULTANT shall keep records and invoices in connection with the work to be performed under this Agreement. CONSULTANT shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to ANAHEIM, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to CONSULTANT under this Agreement. All such records and invoices shall be clearly identifiable. CONSULTANT shall allow a representative of ANAHEIM to examine, audit and make transc ripts or copies of such records and any other documents created , pursuant to this Agreement , during regular business hours. CONSULTANT shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to CONSULTANT under this Agreement.

20. WITHHOLDINGS
ANAHEIM may withhold payment to CONSULTANT of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shal l not be deemed to constitute a failure to pay according to the terms of this Agreement. CONSULTANT shall not discontinue work as a result of such withholding. CONSULTANT shall have an immediate right to appeal to the City Manager or his/her designee wit h respect to such disputed sums.

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200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123
CONSULTANT shall be entitled to receive interest on any withheld sums at the rate of return that ANAHEIM earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld.

21. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional inexperience of CONSULTANT which result in expense to ANAHEIM greater than what would have resulted if there were not errors or omissions in the work accomplished by CONSULTANT, the additional cost and expense shall be borne by CONSULTANT. Nothing in this paragraph is intended to limit ANAHEIM’s rights under the law or any other sections of this Agreement.

22. ANAHEIM'S RIGHT TO EMPLOY OTHER CONSULTANTS
CONSULTANT acknowledges and agrees that this Agreement and the provision of services hereunder are nonexclusive and that ANAHEIM may enter into similar agreements with other entities for the provision of similar services.

23. CONFLICTS OF INTEREST
The CONSULTANT or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which: (1) requires such persons to disclose any financial interest that may foreseeably be materially affect ed by the work performed under this Agreement; and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest.

If subject to the Act, CONSULTANT shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by ANAHEIM. CONSULTANT shall indemnify and hold harmless ANAHEIM for any and all claims for damages resulting from CONSULTANT’s violation of this Section.

24. NOTICES
All notices, demands or other writings to be made, given or sent hereunder, or which may be so given or made or sent by either ANAHEIM or CONSULTANT to the other shall be deemed to have been given when in writing and personall y delivered or if mailed on the

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CITY OF ANAHEIM
200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123
third (3rd) day after being deposited in the United States mail, certified or registered, postage prepaid, and addressed to the respective Parties at the following addresses:

If to ANAHEIM: ANAHEIM City Clerk
City of Anaheim
200 S. Anaheim Boulevard, 2nd Floor
Anaheim, California 92805
FAX No. (714) 765-4105

With copies to: Public Works Department
Public Works Director
City of Anaheim
200 S. Anaheim Blvd, 6th Floor
Anaheim, California 92805
FAX No. (714) 765-5260

To CONSULTANT: Blue Accessibility Consultants
3225 Templeton Gap Road, Suite 208
Colorado Springs, Colorado 80907
Phone No. (719) 235-8917

25. ENFORCEMENT OF AGREEMENT

25.1 Events of Default.
.01 For purposes of this Section 2 5, the word “Default” shall mean the failure of CONSULTANT to perform any of CONSULTANT’s duties or obligations or the breach by CONSULTANT of any of the terms and conditions set forth in this Agreement. In addition, CONSULT ANT shall be deemed to be in Default upon CONSULTANT’s (i) application for, consent to, or suffering of, the appointment of a receiver, trustee or liquidator for all or a su bstantial portion of its assets; (ii) making a general assignment for the benefit o f creditors; (iii) being adjudged bankrupt ; (iv) filing a voluntary petition or suffering an involuntary petition under any bankruptcy, arrangement, reorganization or insolvency law (unless in the case of an involuntary petition, the same is dismissed with in thirty (30) days of such filing) ; or (v) suffering or permitting to continue unstayed and in effect for fifteen (15) consecutive days any attachment, levy, execution or seizure of all or a substantial portion of CONSULTANT’s assets or of CONSULTANT’s interests hereunder. .02 ANAHEIM shall not be deemed to be in Default in the performance of any obligation required to be performed by ANAHEIM hereunder unless and

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CITY OF ANAHEIM
200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123
until ANAHEIM has failed to perform such obligation for a period of thirty (30) days afte r receipt of written notice from CONSULTANT specifying in reasonable detail the nature and extent of any such failure; provided, however, that if the nature of ANAHEIM’s obligation is such that more than thirty (30) days are required for its performance, t hen ANAHEIM shall not be deemed to be in Default if ANAHEIM shall commence to cure such performance within such thirty (30) day period and thereafter diligently prosecute the same to completion.

25.2 Immediate Termination for CONSULTANT’s Default. In th e event of any Default by CONSULTANT, ANAHEIM may immediately terminate this Agreement. Such termination shall be effective immediately upon receipt by CONSULTANT of written notice from ANAHEIM. In such event, CONSULTANT shall h ave no further rights here under, and ANAHEIM shall have all other rights and remedies as provided by law.

25.3 Termination Without Cause. ANAHEIM may terminate this Agreement at any time without the necessity of cause or Default by giving seven (7) days notice in writing to CONSULTANT. In such event, the Parties shall have no further rights hereunder, except that CONSULTANT shall be paid for all services adequately rendered prior to such termination.

CONSULTANT may not terminate this Agreement except for cause.

26. COMPLIANCE WITH ALL LAWS
CONSULTANT shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by CONSULTANT shall conform to applicable local , county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator.

27. WAIVER
A waiver by either Party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character.

28. INTEGRATED CONTRACT
This Agreement and the E xhibits hereto cont ain the entire agreement of

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CITY OF ANAHEIM
200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123
ANAHEIM and CONSULTANT with respect to the matters covered hereby, and no agreement, statement or promise made by either ANAHEIM or CONSULTANT which is not contained herein, shall be valid or binding. No prior agreement, understanding or representation pertaining to any such matter shall be effective for any purpose.

29. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement and the Exhibits, or any other attachments attached hereto, the terms of this Agreement shall govern.

30. INTERPRETATION
Each Party acknowledges that he/she/it has had the benefit of advice of competent legal counsel with respect to its decision to enter this Agreement. The provisions of this Agreement shall be interpreted to give effect to their fair meaning and shall be construed as prepared by both Parties.

31. AMENDMENTS
This Agreement may be modified or amended only by a written document executed by both CONSULTANT and ANAHEIM and approved as to form by the City Attorney.

32. SEVERABILITY
If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforcea ble, the remainder of this Agreement, or the application of its terms and provisions to persons and circumstances other than those to which it has been held invalid or unenforceable shall not be affected thereby, and each term and provision of this Agreeme nt shall be valid and enforceable to the fullest extent permitted by law.

33. REMEDIES CUMULATIVE
The remedies given to ANAHEIM and C ONSULTANT herein shall be cumulative and are given without impairing any other rights given A NAHEIM or CONSULTANT by statute or law now existing or hereafter enacted and the exercise on any one (1) remedy by A NAHEIM or C ONSULTANT shall not exclude t he exercise of any other

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200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123
remedy.

34. NO THIRD PARTY BENEFICIARIES
The Parties intend that neither rights nor remedies be granted to any third party as a beneficiary of this Agreement or of any covenant, duty, obligation or undertaking established herein.

35. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange.

36. DISCRIMINATION
CONSULTANT agrees not to discriminate against any person or class of persons by reason of sex, color, race, creed, religion, marital status, handicap, ancestry, national origin or other prohibited basis in its provision of S ervices or hiring of subcontractors or employees. To the extent this Agreement provides that CONSULTANT offer accommodations or services to the public, such accommodations or servic es shall be offered by CONSULTANT to the public on fair and reasonable terms.

37. AUTHORITY
Each individual executing this Agreement on behalf of a corporation, nonprofit corporation, partnership or oth er entity or organization, represents and warrants the he or she is duly authorized to execute and deliver this Agreement on behalf of such entity or organization and that this Agreement is binding upon the same in accordance with its terms. CONSULTANT shall, at ANAHEIM’s request, deliver a certified copy of it governing board’s resolution or certificate authorizing or evidencing such execution.

38. EFFECTIVE DATE
This Agreement shall be effective on the date on which t his Agreement is executed by ANAHEIM (“Effective Date”).

[SIGNATURES ON FOLLOWING PAGE]

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CITY OF ANAHEIM
200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on the dates hereinafter respectively set forth.

CITY OF ANAHEIM,
DATE: ______________________ a municipal corporation

By:___________________________________
Rudy Emami, Director of Public Works
ATTEST:

By:

City Clerk of Anaheim

BLUE ACCESSIBILITY CONSULTANTS, LLC,
a California limited liability company

DATE: ______________________ By: _____________________________ Title:___________________________
Print Name: _____________________

APPROVED AS TO FORM:

ROBERT FABELA, CITY ATTORNEY

By: __________________________________
Bryn M. Morley
Deputy City Attorney

Attachments: Exhibit A – Proposal
150908

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CITY OF ANAHEIM
200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123

EXHIBIT A

PROPOSAL
(To be attached)
0 | Page

CITY OF

ANAHEIM

ADA, REHABILITATION ACT, AND CIVIL

RIGHTS ACT CONSULTANT
RFP: ADA-2023
October 23, 2023

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TITLE PAGE

ADA, REHABILITATION ACT, AND CIVIL RIGHTS ACT

CONSULTANT

City of Anaheim
955 S. Melrose Ave Anaheim, California 92805

Blue Accessibility Consultants

421 Colyton Street, 2nd Floor, Los Angeles, CA 90013
Point of Contact: Nick Kelley | Project Manager
Email: [email protected] | Phone: 719.659.6412 Date: October 23, 2023

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COVER LETTER

Kevin Miako, Project Manager
City of Anaheim, Risk Management Office
955 S. Melrose Ave
Anaheim, California 92805

Blue Accessibility Consultants is pleased to present our comprehensive proposal in response to your RFP for ensuring ADA compliance across services, programs, facilities, built environments, and applicable websites in the vibrant City of Anaheim, C alifornia. Recognizing Anaheim's commitment to inclusivity, we see the paramount importance of this project in promoting a culture of non-discrimination and accommodation for individuals with disabilities.

Our seasoned team is a blend of Certified Access Specialists (CASp), Registered Accessibility Specialists (RAS), and Certified ADA Coordinators, all of whom profoundly understand ADA requirements nationally and within California. We take pride in our longstanding partnerships with prestigious organizations, including the Department of Justice and the U.S. Access Board.

The BLUE Team is prepared to diligently review the city's recent Self Evaluation and Transition Plan Assessment, identifying and addressing any deficiencies while collaborating closely with the respective departments to implement necessary corrections and updates. Our collaboration with the city's IT Division will ensure that website content and communications related to ADA compliance are up-to-date. Simultaneously, we will develop a comprehensive citywide Transition Plan that encompasses all aspects of your requirements in relation to ADA and CB 11B guidelines. We will take on the critical task of reviewing and updating all c ity documents related to ADA, Section 504 of the Rehabilitation Act, and Title VI of the Civil Rights Act. Our commitment to this task extends to providing comprehensive training to all Department Liaisons to guarantee a robust understanding of ADA, CBC 11B, Section 504, and Title VI requirements. We will establish an annual training regimen complemented by quarterly meetings to address current issues or developments. Our dedication to a streamlined approach includes the development of uniform policies and procedures across all City Departments to address complaints and concerns.

Handling public grievances is also a key focus, with a commitment to a 48- hour response time upon receipt of a grievance. This process will involve coordinating with Department Liaisons for pertinent information, updates, and status and liaising with the city attorney and/or Risk Management when necessary.

BLUE is not just a firm; we are a partner dedicated to achieving the City of Anaheim’s vision for an accessible, inclusive future. Our team's proficiency and dedication make us the ideal choice to lead this transformative endeavor. Together, we will create an ADA Transition Plan that sets new standards for accessibility and inclusivity in the public realm.

Best Regards,

Nick Kelley
Nick Kelley
Project Manager, Blue Accessibility Consultants
[email protected]| 719.659.6412

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TABLE OF CONTENTS
TITLE PAGE ............................................................................................................................................... 1 COVER LETTER ........................................................................................................................................ 2 FIRM PROFILE........................................................................................................................................... 4 Why Partner with Blue ........................................................................................................................... 4 State and Local Government Experience ........................................................................................... 6 PROPOSED PROJECT TEAM ................................................................................................................ 7 Project Management Approach Ensuring Quality Assurance and Control ................................. 15 Project Delays ....................................................................................................................................... 16 RELEVANT PROJECT EXPERIENCE ................................................................................................. 17 PROJECT UNDERSTANDING .............................................................................................................. 18 Requirements Under Title II of the ADA ........................................................................................... 19 Self-Evaluation Requirements ............................................................................................................ 19 Transition Plan Requirements ............................................................................................................ 20 SCOPE OF SERVICES ........................................................................................................................... 20 TO CONCLUDE ....................................................................................................................................... 24

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FIRM PROFILE
Blue Accessibility is a comprehensive ADA consulting firm rooted in California , and while we operate nationally, our deep connection to our home state gives us a nuanced understanding of the region's unique needs. We are dedicated to assisting individuals and organizations responsible for compliance under federal disability rights laws. Our mission is to equip the City of Anaheim with the knowledge and resources necessary to navigate and overcome all disability law challenges, ultimately enhancing accessibility for individuals with diverse abilities.

As a proud subsidiary of the esteemed Relativity Architects, our partnership seamlessly integrates architectural services, augmenting our capacity to identify and address barriers effectively. Blue Accessibility Consultants and Relativity Architects offer a comprehensive suite of accessibility and architectural solutions, delivering unparalleled services to our clientele.

Blue Accessibility Consultants is devoted to resolving disability law compliance challenges, an experience shared by towns, cities, counties, and states nationwide.

Our wide-ranging services encompass:
» Thorough Self-Evaluation and Transition
Plans
» Comprehensive Public Right-of-Way
Audits
» Detailed Park and Recreation Audits
» Inclusive Outdoor Recreation Area
Assessments
» Facilitation of DOJ Project Civic Access
Responses
» Accurate DOJ Photo Verification
Reports
» ADA Settlement Resolution Consulting
for the DOJ
» Rigorous Multi-housing FHA
Compliance Audits
» Expert Testimony from Seasoned
Professionals
» Tailored Disability Laws Training
» Strategic ADA Lawsuit Consulting
» Meticulous Facility Audits
» Insightful Website Accessibility Audits
» Thorough ADA Architectural Plan
ReviewsComprehensive Public Right-of-
Way Audits
With Blue Accessibility Consultants at your side, you will confidently navigate the path to accessibility and inclusivity, fostering a positive impact on the lives of individuals throughout the community.

Why Partner with Blue
The BLUE team are experts in understanding the complexities of the ADA. We maintain certifications in various accessibility specialties, and our team has extensive accessibility knowledge and hands-on experience. Below is a list of our certificates.
» Certified Accessibility Specialists (CASp)
» Registered Accessibility Specialists (RAS) Certifications » Certified ADA Coordinators (ADAC)
» Certified Geospatial Information System (GIS) specialists

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Our combined experience in ADA is over 30 years, specializing in the following standards and regulations:
» ADA Titles (I) (II) (III)
» Architectural Barriers Act (ABA)
» California Building Code (CBC) Sections 11A and
11B
» Public Right-of-Way Accessibility Guidelines
(PROWAG)
» Manual on Uniform Traffic Control Devices for
Streets and Highways (MUTCD)
» Fair Housing Act (FHA)
» Outdoor Developed Areas (ODA)
» Web Content Accessibility Guidelines (WCAG)

BENEFITS OF BLUE

» Nationally
Recognized ADA
Certification
We hold prestigious national accessibility certifications, showcasing our expertise in diverse disability laws and ensuring top- tier accessibility compliance consulting.

» Extensive ADA
Consulting
Experience
With 30 years of combined accessibility consulting experience, our team offers valuable insights and solutions to tackle diverse compliance challenges across industries.

» Broad Knowledge
Base
We're experts in ADA, CBC 11B, ANSI, ABA, ODA, PROWAG, and MUTCD regulations, enabling us to offer all -inclusive accessibility consulting tailored to your project's needs.

» Client-Centric
Approach
Our priority is our clients, we aim for trust, collaboration, and results above all else. Our approach involves understanding your needs, tailoring recommendations, and delivering compliance solutions.

» Commitment to
Excellence
We maintain top professionalism, accuracy, and quality in our accessibility services. Our attention to detail and commitment to staying current with disability laws deliver exceptional results.

» Comprehensive
Solutions
We provide end -to-end accessibility consulting, covering assessments, audits, planning, design reviews, and ongoing compliance support. Our aim is to help clients create inclusive, accessible environments through comprehensive solutions.

» Trusted Advisor
Status
Our premier accessibility consulting firm is known for helping many clients achieve and maintain compliance. We're trusted advisors to organizations of all sizes, offering support to ensure peace of mind and reduce legal risks.

» Proactive Approach
to Compliance
We proactively approach ADA and CBC 11 compliance, staying ahead of regulatory changes and industry best practices. Our team keeps abreast of evolving accessibility standards, ensuring that our clients remain compliant now and in the future.

» Nationally
Recognized ADA
Certification
We hold prestigious national accessibility certifications, showcasing our expertise in diverse disability laws and ensuring top- tier accessibility compliance consulting.

When you partner with BLUE,
you will receive our extensive
experience in understanding
the ADA requirements and the
methods to identify, mitigate,
and reduce the risk
of liability
pertaining to
the ADA.

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State and Local Government Experience
With a remarkable track record of successfully completing over 20 ADA Self -Evaluation and transition plan projects, Blue Accessibility has earned a reputation for outstanding work with state and local governments across the United States. Our projects span a broad spectrum, ranging from proactive self -evaluation initiatives undertaken by state and local governments to comply with the ADA to projects mandated by Department of Justice enforcement actions, leading to impactful Project Civic Access settlement agreements.

As a national authority on ADA Title II regulations, which govern state and local governments, Blue Accessibility has garnered recognition for our expertise in this field. Over the past decade, we have provided ADA technical assistance, training, and implementation support to hundreds of Title II entities and tens of thousands of individuals. Many of these projects and training endeavors have been contracted following U.S. Department of Justice enforcement actions or settlement agreements. Through our commitment to excellence, we have played a significant role in enhancing ADA accessibility, benefiting diverse communities totaling over 25 million people.

Our experience and knowledge enable us to navigate the intricacies of ADA and CBC 11B compliance, tailoring our approach to meet the unique needs and challenges of each community we serve. With a steadfast
dedication to making public
spaces more inclusive and
accessible, Blue Accessibility is
a trusted partner for state and
local governments seeking to
fulfill their ADA obligations
effectively and achieve a more
equitable future for all citizens.

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PROPOSED PROJECT TEAM

Scott Sullivan - AIA,
NCARB
Founding Principal
Architect
Zack Kelley - ADAC
Depurty Project Manager
Accessibilty Specialist
Philip Williams - MN-RAS
Expert ADA Technical
Advisor
Bryce Coop - ADAC
Accessibility Specialist
Nick Kelley - ADAC, RAS, GIS
Project Manager
Expert ADA Technical Advisor
Glenn Staton - CASp
Vice President
Expert ADA Tecnical Advisor

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Scott Sullivan

FOUNDING PRINCIPAL - ARCHITECT

PROFILE
Scott began his professional architecture career by building a house for an organic farmer in San Diego. He has helped rehabilitate over 5,000 multi-family and affordable housing units, several civic projects, and hospitality resorts across North America. Scott has an excellent eye for detailing and is well -versed in standard and alternative building methods. He values honesty and simplicity in architecture and strives to make multidimensional buildings that work beyond their required level of programmatic or aesthetic requirements. He holds a B.A. from Harvey Mudd College and a Master of Architecture from SCI-Arc. He is a licensed architect in California (#C 33139).

AREAS OF EXPERTISE
Served as architect and project manager on high- end residential, commercial and hospitality projects for notable firms, including:
• ID Groups
• Marmol Radziner and Associates
• Robert York Crockett Architects
• Fer Studio

BACKGROUND
• 23+ Years of Experience as an Architect
• Education – Master of Architecture Southern California Institute of Architecture • Bachelor of Science Engineering Harvey Mudd College
• License – CA License #A33139

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Glenn Staton

VICE PRESIDENT - EXPERT ADA TECHNICAL ADVISOR

PROFILE
Glenn Staton is the Vice President and a licensed Certified Accessibility Specialist (CASp) No: CASp-868 with over 12 years of experience. Glenn is responsible for providing guidance and interpretation of rights and responsibilities related to all disability rights laws for government agencies, architects, engineers, attorneys, and business owners.

His responsibilities include project management, project planning, scheduling, coordinating, and communication, as well as field data collection, data analysis, and report generation for physical accessibility survey under a variety of disability rights laws.

AREAS OF EXPERTISE
• Project Management
• Parks and Recreation Accessibility
• Pedestrian Facilities
• Public Right-of-Way Audits
• ADA Self-Evaluations and Transition
Plans
• California Building Code Chapters 11A
and 11B
• ABA Accessibility Guidelines
• 2010 ADA Standards for Accessible
Design

MAJOR PROJECTS
• City of Arvada, CO – ADA Self-evaluation and Transition Plan • City of Loveland, CO – ADA Self-evaluation and Transition Plan • City of Centennial, CO – ADA Self-evaluation and Transition Plan • City and County of Denver, CO – ADA Self-evaluation and Transition Plan • State of Georgia DNR – ADA Self-evaluation and Transition Plan • Cheyenne, WY – Civic Center Facility Audit
• State of Colorado – Kaiser Permanente Facilities Audits • Denver International Airport – Great Hall Renovation
• Naropa University – ADA Transition Plan
• Foothills Park and Recreation District – ADA Transition Plan • Memorial Health System – ADA Transition Plan
• United States Olympic Training Center – Site Audit

BACKGROUND
• 10 Years of Experience as an Accessibility Consultant • Education - Master of Science in Biology University of Colorado • Certification – CASp-868

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Nick Kelley
PROJECT MANANGER/GIS SPECIALIST – EXPERT ADA ADVISOR

PROFILE
Nick Kelley is a certified ADA Coordinator, Registered
Accessibility Specialist (RAS) NO: RAS-1703, and GIS Specialist with over eight years of experience developing ADA Transition Plans for facilities and public right-of-way. He specializes in the 2010 ADA Standards for Accessible Design and PROWAG. Nick is exceptional in providing guidance and interpreting rights and responsibilities related to all disability rights laws for government agencies, architects, engineers, attorneys, and business owners. Nick has extensive experience in analyzing data pertaining to facility and PROW assessments. Nick is our primary trainer for the development of ADA Coordinators.

AREAS OF EXPERTISE
• Project Management
• Architectural Plan Review
Accessibility
• Public Right-of-Way Audits
• 2010 ADA Standards for Accessible
Design
• ADA Self-Evaluations and Transition
Plans
• ADAAG, PROWAG, and Fair Housing Act
• ABA Accessibility Guidelines

MAJOR PROJECTS
• City of Arvada, CO – ADA Self-evaluation and Transition Plan • City of Loveland, CO – ADA Self-evaluation and Transition Plan • City of Centennial, CO – ADA Self-evaluation and Transition Plan • City of Highlands Ranch, CO – ADA Self-Evaluation and Transition Plan • Town of Castle Rock, CO – ADA Self-Evaluation and Transition Plan • Boulder County, Multiple Locations, CO – ADA Self-Evaluation and Transition Plan • City and County of Denver, CO – ADA Self-Evaluation and Transition Plan • Larimer County, CO – ADA Self-Evaluation and Transition Plan

BACKGROUND
• 8 Years of Experience as an Accessibility Consultant
• Certification – RAS-1703
• Certified ADA Coordinator
• GIS Certification(s)

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Zach Kelley

DEPUTY PROJECT MANAGER - ACCESSIBILITY SPECIALIST

PROFILE
Zack Kelley boasts extensive expertise in Title II and Title III accessibility guidelines, with a career in ADA spanning over five years. He focuses on applying the 2010 ADA Standards for Accessible Design and the Proposed Guidelines for Pedestrians in the Public Right-of-Way. Furthermore, Zack demonstrates a strong command of the Fair Housing Act and actively pursues certification as a Certified Specialist in Fair Housing. In addition to his broad knowledge base, Zack possesses valuable hands-on experience in data collection and analysis, encompassing both facility assessments and evaluations of the Public Right-of-Way (PROW).

His expertise in these areas equips him with a holistic understanding of accessibility requirements and allows him to provide comprehensive solutions to his clients.

AREAS OF EXPERTISE
• Deputy Project Management
• Public Right-of-Way Audits
• 2010 ADA Standards for Accessible
Design
• ADA Self-Evaluations and Transition
Plans
• ADAAG, PROWAG, and Fair Housing Act
• ABA Accessibility Guidelines

MAJOR PROJECTS
• City of Arvada, CO – ADA Self-evaluation and Transition Plan • City of Loveland, CO – ADA Self-evaluation and Transition Plan • City of Centennial, CO – ADA Self-evaluation and Transition Plan • City of Highlands Ranch, CO – ADA Self-evaluation and Transition Plan • Town of Castle Rock, CO – ADA Self-evaluation and Transition Plan • Boulder County, Multiple Locations, CO – ADA Self-evaluation and Transition Plan • City and County of Denver, CO – ADA Self-Evaluation and Transition Plan • Larimer County, CO – ADA Self-Evaluation and Transition Plan

BACKGROUND
• 5 Years of Experience as an Accessibility Consultant

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Philip Williams

EXPERT ADA TECHNICAL ADVISOR

PROFILE
Philip Williams is a Minnesota Registered Accessibility Specialist (MN-RAS) No. AS757919 with ten years of expertise in Title ll and Title III accessibility guidelines. Philip specializes in architectural plan reviews, the Fair Housing Act, the 2010 ADA Standards for Accessible Design, the Architectural Barriers Act, and Proposed Guidelines for Pedestrians in the Public Right-of-Way. Philip leads our team in Architectural Plan Review services, identifying ADA compliance concerns at various stages of the architectural design process, including final site inspections upon construction completion.

AREAS OF EXPERTISE
• Project Management
• Architectural Plan Review
Accessibility
• Public Right-of-Way Audits
• 2010 ADA Standards for Accessible
Design
• MN-ADA Self-Evaluations and Transition
Plans
• ADAAG, PROWAG, and Fair Housing Act
• ABA Accessibility Guidelines

MAJOR PROJECTS
• City of Arvada, CO – ADA Self-evaluation and Transition Plan • City of Loveland, CO – ADA Self-evaluation and Transition Plan • City of Centennial, CO – ADA Self-evaluation and Transition Plan • City and County of Denver, CO – ADA Self-evaluation and Transition Plan • Colorado Springs, CO – ADA Architectural Plan Review
• Kaiser Permanente Various Locations in Denver, CO – ADA Self-evaluation and Transition Plan
• New York City, NY – ADA Compliance Reviews
• Various Cities and Counties of CO – ADA Self-evaluation and Transition Plan • Denver, CO – ADA Architectural Plan Review

BACKGROUND
• 10 Years of Experience as an Accessibility Consultant • Education – Bachelor of Arts, Architecture, Iowa State University • Certification – MN-RAS-AS757919

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Bryce Coop

ACCESSIBILITY SPECIALIST

PROFILE
Bryce Coop brings extensive expertise and a proven track record in data collection, data analysis, and report writing, with over three years of professional experience. His specialization lies in accessibility, particularly the 2010 ADA Standards for Accessible Design and Public Right-of-Way Accessibility Guidelines. Bryce possesses exceptional skills in assessing and comparing on-site barriers against the corresponding accessibility guidelines. In addition to his practical experience, Bryce recently obtained his ADA Coordinator Certification, which further enhances his skillset in ensuring compliance with accessibility standards.

AREAS OF EXPERTISE
• Deputy Project Management
• Architectural Plan Review
Accessibility
• Public Right-of-Way Audits
• 2010 ADA Standards for Accessible
Design
• ADA Self-Evaluations and Transition
Plans
• ADAAG, PROWAG, and Fair Housing Act
• ABA Accessibility Guidelines

MAJOR PROJECTS
• City of Arvada, CO – ADA Self-evaluation and Transition Plan • Loveland, CO – ADA Self-evaluation and Transition Plan • Centennial, CO – ADA Self-evaluation and Transition Plan • Murrieta, CA – ADA Self-evaluation and Transition Plan • University of Oklahoma Medical Campus – ADA Self-evaluation and Transition Plan

BACKGROUND
• 3 Years of Experience as an Accessibility Consultant
Certification – ADAC

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Sean Sullivan

ACCESSIBILITY SPECIALIST

PROFILE
Sean Sullivan boasts a diverse skill set, merging seven years of home inspection experience with two years of specialized in accessibility consulting. His in-depth understanding of residential safety is complemented by an 18-year career in sales at Essential Addictions, equipping him with strong client relations and project management skills.

Furthermore, his lifetime involvement in agriculture adds a unique, detail- oriented perspective. Sean's multifaceted background allows him to offer comprehensive, tailored solutions in accessibility, making him a versatile asset in residential inspections and accessibility consulting.

AREAS OF EXPERTISE
• 2010 ADA Standards for Accessible
Design
• ADA Self-Evaluations and Transition
Plans

• ADAAG, PROWAG, and Fair Housing Act
• ABA Accessibility Guidelines

MAJOR PROJECTS
Possesses a wealth of ADA expertise, showcasing an exceptional track record in diverse sectors such as hospitality, multi-family housing, and the intricate nuances of path of travel compliance within these domains. With an unwavering commitment to ensuring accessibility for all, Sean has consistently excelled in delivering comprehensive solutions that not only meet but often exceed expectations. His in-depth knowledge of ADA regulations and passion for creating inclusive spaces have allowed him to play a pivotal role in transforming businesses and communities, leaving an indelible mark on the landscape of accessible design.

BACKGROUND
• 3 Years of Experience as an Accessibility Consultant

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Project Management Approach Ensuring Quality Assurance and Control

Our project management and control mechanisms ensure effective oversight and successful project execution.

Staff Organization Structure: Our well-defined staff organization structure ensures clear lines of communication and accountability. Our project team will be led by Nick Kelley, who will serve as the primary point of contact for all project -related activities. The project manager will oversee the team of experienced professionals with specialized expertise in accessibility assessments, data analysis, and report generation. Each team member will be assigned specific roles and responsibilities to ensure efficient project coordination.

Status Meeting: BLUE understands the importance of regular status meetings to keep stakeholders informed and ensure transparency. Our project management approach includes regular meeting intervals, which may be customized based on the preferences of the city. We will provide comprehensive progress updates highlighting key milestones, accomplishments, challenges, risks, and any project schedule and scope changes. These meetings will serve as a valuable tool for monitoring project progress and facilitating ef fective decision-making. Status meetings will be conducted every four weeks.

Major Decision-Making: Significant decisions may arise during the project; the project manager will stay on top of these decisions by collaborating closely with the city to identify essential decision points and establish a timely and informed decision- making process. This process will involve consultation, evaluating options, and presenting recommendations based on our expertise and understanding of the project requirements.

Sign-off Procedures: The BLUE team has extensive document review processes and sign- off procedures for all project deliverables. These procedures involve a thorough review and approval process, where relevant stakeholders, including the city, will have the opportunity to provide input and verify the accuracy and completeness of the deliverables. This step will help mitigate errors and ensure that the final deliverables meet the required standards and expectations.

Internal Control Procedures: Robust internal control procedures are maintained to safeguard the integrity of our work products, including all data collected during the assessment to ensure compliance with project requirements. Our internal control procedures encompass rigorous quality assurance processes, document management protocols, and data security measures. We are committed to maintaining the highest standards of professionalism and adhering to best practices in project management.

Flexibility and Problem Resolution: BLUE understands that program requirements may evolve, and unexpected challenges may arise during the project. Our proposal emphasizes our flexibility in adapting to changes and our ability to address problems proactively. Our dedicated project management team is experienced in handling unforeseen circumstances and proposing practical solutions. We will work closely with the city to promptly address any issues, implement necessary adjustments, and ensure the successful completion of the project.

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Project Delays
To effectively address project delays that may arise during the review of the city’s prior ADA Self- Evaluation Plan, the review and updates of the city’s website content and communications, as well as the creation of a new ADA Transition Plan for the City of Anaheim, our proposal includes a comprehensive strategy ensuring timely task completion and sufficient resources. We recognize that unforeseen circumstances such as weather conditions, time- off, sick days, or other unexpected events may impact the project timeline. To mitigate these potential delays, we have devised the following measures:

Resource Allocation: Our project team is comprised of ten employees, of which four will be dedicated to working on specific tasks at any given time. This intentional allocation of resources allows us the flexibility to pull in additional highly qualified staff members if the need arises. By leveraging our resources of knowledgeable and experienced personnel, we will promptly address any unexpected disruptions and maintain progress toward project milestones.

Contingency Planning: As part of our project management approach, BLUE develops detailed contingency plans to anticipate and mitigate potential delays. This plan will outline alternative courses of action and backup resources in emergencies or unanticipated situations. By proactively identifying potential risks and establishing contingency measures, we ensure that project delays are swiftly addressed and minimized. BLUE recognizes the importance of the project scope and that it be completed in a timely manner in accordance with a future agreed upon timeframe.

Communication and Collaboration: Effective communication and collaboration among team members are crucial in managing project delays. BLUE has a robust communication framework that fosters transparency, facilitates coordination, and ensures all team members know the project's status and any changes to the schedule. This enables us to quickly identify and resolve issues and make informed decisions to prevent delays from impacting the overall project timeline.

Any project delays will be discussed with the City of Anaheim’s team promptly.

Ongoing Monitoring and Adjustment: Throughout the project, we continuously monitor progress and assess potential risks to identify any early signs of delay. By closely tracking key performance indicators and milestones, we proactively address challenges and implement necessary adjustments to keep the project on track. Our team conducts regular evaluations to ensure that resources are effectively utilized and appropriately distributed to mitigate delays.

With these strategies in place, we are confident in our ability to address project delays promptly and effectively. Our emphasis on resource allocation, contingency planning, communication, and monitoring demonstrates our commitment to meeting project schedules while maintaining the highest standards of quality and expertise.

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CLIENTS
The Blue Accessibility Team has been involved in accessibility projects with the following clients.

1. Arapahoe County, CO (SETP)

2. Arvada, CO (SETP)

3. Boulder County, CO (SETP)

4. Castle Rock, CO (SETP)

5. Colorado Dept of Labor

6. Colorado Dept of Transportation (Training)

7. Colorado Parks & Wildlife- Arkansas Headwater
Recreation Area

8. Commerce City, CO (SETP)

9. Denver City and County, CO (SETP)

10. El Paso County, CO (Consulting)

11. Fort Morgan, CO (SETP)

12. Golden, CO (SETP)

13. Greenwood Village, CO (SETP)

14. Ken Caryl, CO (FAC)

15. Lakewood, CO (SETP)

16. Larimer County, CO

17. Littleton, CO (SETP-PROW)

18. Longmont, CO (Training)

19. Loveland, CO (SETP)

20. Louisville CO (SETP)

21. Lumpkin County, GA (SETP)

22. Timnath, CO

23. Trinidad, CO

24. Seattle, WA (SETP)

25. Vail, CO (SETP)

RELEVANT PROJECT EXPERIENCE

Jeffrey L Green, ARM-P
Risk Manager
970.498.5962 | [email protected]

Project Completed: 2020
Cost: $156,000.00

Larimer County in conjunction with Blue Accessibility executed a comprehensive ADA Self-Evaluation and Transition Plan. BLUE analyzed existing ADA policies, and gauged staff knowledge through interviews and surveys. The audit covered 16 facilities, 14 parks, 207 intersections, and 150 miles of sidewalk. Results were compiled into a comprehensive Transition Plan Database for guiding ADA implementation and tracking barrier removal progress.

207
Intersections
150
Miles of
Sidewalk
19 Facilities
14 Parks

LARIMER COUNTY, COLORADO

ADA SELF-EVALUATION AND TRANSITION PLAN

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Dannie York
ADA Coordinator
970.547.3127 |
[email protected]

Project: In Progress
Cost: $235,022.00

The Blue Accessibility Team collaborated with The Town of Breckenridge's ADA Advisory Team to develop an extensive Self-Evaluation and Transition Plan (SETP) covering 56 facilities, 10 parks, 1 trail, and 26 miles of sidewalk. Our focus was to identify and address both physical and procedural barriers affecting individuals with disabilities. We refined ADA-related policies to align with Title II regulations, provided targeted training to town staff, and engaged the disability community through public outreach and stakeholder consultations.

Billy Cooper
ADA Coordinator
303.987.7612 | [email protected]

Project: In Progress
Cost: Phase I & II - SETP & PROWAG -
$955,927.00

The Blue Accessibility Team joined forces with Lakewood's ADA Advisory Team to create an all - encompassing Self -Evaluation and Transition Plan (SETP) as part of phase I of the project , which encompasses 38 facilities, 75 parks, and one trail. Currently, we are diligently working on phase II, the examination of Lakewood's sidewalk infrastructure, with the primary goal of pinpointing and rectifying any hindrances. We have also fine-tuned our ADA-related policies to ensure alignment with Title II regulations.

Moreover, we've imparted specialized training to Lakewood staff and actively engaged with the disability community through extensive public outreach and meaningful stakeholder consultations.

TOWN OF BRECKENRIDGE, COLORADO

ADA SELF-EVALUATION AND TRANSISTION PLAN
56 Facilities
10 Parks/Rec
Facilities
1 Trails

LAKEWOOD, COLORADO

ADA SELF-EVALUATION AND TRANSITION PLAN
26 Miles of
Sidewalk

869
Miles of
Sidewalk

38 Facilities
75 Parks/Rec
Facilities
1 Trails

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PROJECT UNDERSTANDING

Requirements Under Title II of the ADA
The Blue Accessibility team has an impressive track record of assisting numerous state and local government entities in achieving compliance with the Americans with Disabilities Act (ADA) Title II requirements for Self -Evaluation and Transition Plans. Whil e these requirements are specified as distinct processes in separate sections of the Title II regulations, it is essential to complete the Self-Evaluation and Transition Plan concurrently.

Recognizing local governments' budgetary constraints, Blue Accessibility works closely with clients to define a scope of work that meets the Self -Evaluation and Transition Plan requirements while staying within their financial limitations.

Self-Evaluation Requirements
According to ADA regulations, a public entity must assess its existing services, policies, and practices to ensure they align with the requirements of Title II. If modifications are necessary, the public entity must implement the required changes.

In addition, the public entity must allow interested
individuals, including people with disabilities and
organizations representing them, to participate in the
Self-Evaluation process by providing their comments.

For public entities with 50 or more employees, it is
crucial to maintain the Self -Evaluation on file, make it available for public inspection, and include the following information:
» A list of the consulted interested parties
» A description of the areas examined and any
identified issues.
» A description of the modifications made.

Aside from removing architectural barriers, one effective alternative for providing access to various programs is to offer virtual access through a website. With technological advancements, many interactions and transactions that previously required face- to-face contact at public facilities can now be conveniently conducted online.

To fulfill the requirement for public input, Blue Accessibility recommends publishing the Self-Evaluation findings and proposed actions to address those findings. Moreover, we suggest involving community organizations that can solicit public comments and feedback from people with disabilities on the self-evaluation and transition plan.

At Blue Accessibility, we are dedicated to ensuring compliance with ADA Title II requirements, fostering accessibility and inclusivity within communities. By working together, we can create a more inclusive environment for all individuals, irrespective of their abilities.

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Transition Plan Requirements

When a public entity has responsibility or authority over facilities, parks, trails , or walkways within these spaces, it must develop a comprehensive transition plan. This plan should delineate a schedule for implementing accessibility features such as curb ramps or sloped areas at locations where pedestrians may encounter challenges. Special attention should be given to parks and facilities that serve entities covered by the Act .

These include state and local government offices, public transportation hubs, places of public accommodation, and employers to ensure accessibility for all. Following the prioritization of these spaces, attention can then be shifted towards enhancing accessibility in other recreational and public areas within the community. This strategic approach ensures that essential services and spaces remain inclusive and accessible, promoting a sense of community and equality for all citizens.

The plan must, at the very least—

I. Identify any physical barriers in the public entity's facilities that hinder access for individuals with
disabilities to its programs or activities.

II. Provide a detailed description of the methods
employed to ensure accessibility within the
facilities.

III. Clearly state the timeline for achieving
compliance with this section. If the transition
period exceeds one year, it should outline the
steps to be taken during each year of the
transition process.

IV. Designate the responsible official who will oversee the plan's implementation.

SCOPE OF SERVICES
Task 1: Review City’s Current Self-Evaluation Transition Plan BLUE, in its review of the City of Anaheim's current ADA SETP, will conduct a thorough and comprehensive examination of the plan. This review will involve assessing the plan's current status, its adherence to ADA and CBC 11B guidelines, and its effectiveness in addressing accessibility issues within the city. The goal of this review is to ensure that the ADA SETP is robust, efficient, and in compliance with ADA, CBC 11B, Section 504, and Title VI requirements, ultimately enhancing accessibility and inclusivity in Anaheim.

The significance of
barrier placement
lies in
comprehending
the demand and
extent of program
utilization. A slightly non-
compliant sidewalk or curb ramp
situated in a heavily frequented
area takes precedence in terms
of mitigation over a corner
lacking a curb ramp in a tranquil
residential neighborhood.

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Task 2: Creation of Steps for Correcting Deficiencies and Making Updates The deficiencies in Anaheim's current Self -Evaluation and Transition Plan (SETP) for ADA and CBC 11B compliance will be addressed through a systematic approach. We'll assess and prioritize the issues, working closely with subject departments to develop correction plans and provide necessary training. Implementation, testing, and feedback integration will be ongoing, with thorough documentation and progress reporting. Our commitment to monitoring and continuous improvement ensures long- term compliance and a more accessible and inclusive Anaheim.

Task 3: Website Review and Audit with the City’s IT Division Our team will work closely with the City of Anaheim's IT Division to meticulously review all pertinent websites, which includes website content and communications, to ensure compliance with ADA, Section 504, and Title VI standards. This comprehensive review involves an assessment, audit, and proposal for enhancements.

The assessment team will evaluate the city’s websites for adherence to WCAG digital accessibility guidelines, alongside conducting functional and usability testing. To aid in this audit, Blue Accessibility will bring on a team of individuals with various disabilities who will access specific URLs within the website domain. They will conduct scenario-based testing to validate accessibility and usability.

Task 4: Develop a New Citywide ADA Transition Plan
BLUE will create an all-encompassing ADA transition plan for Anaheim, employing a structured process that involves assessing existing facilities and services, collaborating with city departments, engaging the community, and establishing a clear plan for correc tive actions and training. Through ongoing oversight, testing, and feedback integration, we'll ensure compliance with ADA and the stringent CBC B11 standards.

Task 5: Review and Update all City Documents
All city documents related to ADA, Section 504 of the Rehabilitation Act, and Title VI of the Civil Rights Act will be systematically reviewed and updated by the BLUE team . This process will include a compliance assessment, gap analysis, content revision for accessibility. Our objective is to ensure all documents align with the latest legal standards, fostering inclusivity, accessibility, and compliance.

Task 6: Provide On-going Training for City Staff
The team at BLUE will provide comprehensive training sessions for city staff members involved in design, construction, or facility management, with a minimum of one annual training. These sessions will significantly increase awareness about ADA, CBC 11B , Section 504, and Title VI 22 | Page
requirements, fostering an understanding of the latest standards and ensuring ongoing compliance in future projects. Additionally, we'll offer supplemental training to keep staff up to date with evolving regulations, thus guaranteeing a commitment to acces sibility, inclusivity, and legal compliance.

Task 7: Comprehensive Development of Uniform Policies and Procedures Blue Accessibility will take on the critical task of establishing comprehensive and consistent policies and procedures to handle complaints and concerns across all city departments. Their mission includes not only creating these policies but also designating accessibility liaisons and developing clear reporting channels. These initiatives are geared towards ensuring a standardized process for investigating and resolving ac cessibility-related complaints, all while maintaining a commitment to transparency and accessibility within the framework.

As part of their comprehensive approach, Blue Accessibility will conduct a thorough review of the existing ADA policies provided by the City of Anaheim . This review aims to determine whether the city's policies align with the essential requirements outlined in the ADA guidelines and CBC 11B.

The CBC (California Building Code) 11B guidelines, officially titled the California Building Code, Chapter 11B, provide a detailed framework for accessibility and barrier removal in buildings and facilities within California. These regulations, established under Title 24 of the California Code of Regulations, encompass specific provisions such as door clearances (Section 11B -404), accessible restroom design (Section 11B -603), parking space requirements (Section 11B -502), and many other critical aspects of accessible design. Adhering to these CBC 11B codes is imperative for architects, builders, and property owners to ensure that their projects align with the state's accessibility standards, fostering inclusivity and ensuring that everyone, including individuals with disabilities, can access public spaces and services with ease.

Task 8: Comprehensive Public Grievance Handling as an ADA Expert Consultant Blue Accessibility will provide prompt responses to public grievances within a 48-hour time window, coordinating with department liaisons for information, updates, and liaising with the ci ty attorney and risk management as needed. As requested, we will offer remote consultations or be available for on-site visits within 48 hours for urgent ADA, CBC 11B, 504, or Title VI issues. As the subject matter expert, BLUE will assist with legal matters alongside the city attorney's office and risk m anagement, while also providing professional services related to ADA, CBC 11B, Section 504, and Title VI as required.

Beneficial Options for the City to Consider
In addition to the core services outlined above, we propose the following options which are beneficial for the city and should be considered as out of scope of the project and included in the allowable $50,000.00 line item.:
23 | Page
a) Knowledge Assessment
The Knowledge Assessment task of the Self-Evaluation is to collect information from the City of Anaheim employees to assess their understanding of the Americans with Disability Act and how it pertains to your city’s programs, services, activities, communications, and websites. Additionally, employees will be assessed on their interactions with individuals with disabilities. We use two methods to gather this information using Management Surveys and Staff Surveys. The management surveys will be delivered to 12 key stakeholders to be st understand their knowledge of the ADA both Title I and Title II , c
onsisting of 12 pointed questions. The staff survey is a thirty 30 question, anonymous questionnaire used to understand the employee’s knowledge of the ADA along with their understanding of the City of Anaheim’s programs, services and activities. A report is provided detailing the knowledge assessment results in addition to recommendations for training modules for the City of Anaheim’s staff.
b) Facilities Assessment
BLUE will uncover locations of high priority and conduct assessments focusing on identifying barriers to community programs and services while taking into account the proposed budget. Upon analyzing the collected data in relation to ADA and CBC 11B compliance the prioritization process will be based on various factors, including t he ant
icipated level of public presence and program activity at each location, as well as the potential renovation or improvement costs. The end result is a detailed report that emphasizes findings and recommendations for barrier removal at these high-priority sites, ensuring that they fit within the allocated budget.
c) Public Outreach
Public input is an essential component of the Self - Evaluation. Blue Accessibility will facilitate public outreach meetings with the City of Anaheim and assist in the solicitati on
of
public input by inviting community representatives to participate in the Self -Evaluation process. Blue Accessibility considers public input when developing priorities for removing barriers to accessibility.

SUSTAINABILITY/ TBL METHODOLOGY
Blue Accessibility’s focus on the Triple Bottom Line (TBL) sustainable practices is key to establishing an impact to the people in our communities, to the greater good of our planet and the profits or economic impacts to business and clients. B LUE takes great pride that everything we do is to make the world more accessible. BLUE’s greatest impact is toward the social aspects of our community. Our services reach a greater amount of our population to ensure that all programs, services, and activities provided by municipalities are accessible to all community members especially those that are disabled. Often our society only sees physical disabilities. Our services focus on all disabilities even those unseen.

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The environmental impact is seen through our assessments of all programs, services, and activities. Our collection methods have reduced our carbon footprint by incorporating electric mobility devices to aid in collection of data. Our assessments identify n on-compliant elements and attributes which are barriers to accessibility. Our identification and prioritization of findings allows for detailed and targeted solutions to the remediation of barriers to ensure that those barriers that impact the highest pedestrian areas are removed. This ensures that a logical plan is developed and managed through completion to ensure the best value in accessibility.

Each of the sustainable practices are important, and the economy is probably the greatest risk to overcome. BLUE’s approach is to provide the best products and services to our clients at cost effective means. As taxpayers , we are extremely conscience of the financial impact of accessibility. Often our services are requested from communities who have experienced an audit from the Department of Justice (Project Civic Ac cess). Once the DOJ conducts an audit, the remediation effort is implemented almost immediately. The cost of services increases for assessments and the rapid response from the municipality to remove all barriers also goes up.

Any time there is an immediate need it incurs increased costs which impact services throughout our communities to redirect funds from one effort to the identification and removal of barriers. Blue Accessibility is extremely conscience of the economic impact to accessibility. We ensure that our services are cost-effective, which encourages more remediations.

TO CONCLUDE

Thank you for considering Blue Accessibility Consultants for your ADA Self Evaluation and Transition Plan project in Anaheim. We recognize the critical importance of timely and effective project completion and are fully committed to meeting your expectations.

Blue Accessibility brings unparalleled expertise to this endeavor. Our extensive experience crafting ADA Self-Evaluations and Transition Plans for various municipalities uniquely qualifies us to serve Anaheim’s specific needs.

By choosing Blue Accessibility Consultants for your project, you ensure that a final product is delivered on time, within budget, and fully compliant with the ADA. Moreover, the resulting Self-Evaluation and Transition Plan will be easy to understand and straightforward to implement, helping the City of Anaheim take meaningful steps toward improved accessibility.

We look forward to the possibility of partnering with the City of Anaheim to make your programs, services, and activities more accessible and inclusive for everyone.

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CITY OF

ANAHEIM

FEE PROPOSAL
RFP: ADA-20 23
October 23, 2023
Revised December 5, 2023

COVER LETTER
Kev
in Miako, Project Manager
City of Anaheim, Risk Management Office
955 S. Melrose Ave
Anaheim, California 92805
Bl
ue Accessibility Consultants is pleased to present our comprehensive proposal in response to your RFP for ensuring ADA compliance across services, programs, facilities, built environments, and applicable websites in the vibrant City of Anaheim, C alifornia. Recognizing Anaheim 's commitment to inclusivity, we see the paramount importance of this project in promoting a culture of non-discrimination and accommodation for individuals with disabilities.

Our
seasoned team is a blend of Certified Access Specialists (CASp), Registered Accessibility Specialists (RAS), and Certified ADA Coordinators, all of whom profoundly understand ADA requirements nationally and within California. We take pride in our longstanding partnerships with prestigious organizations, including the Department of Justice and the U.S. Access Board.

The BLU
E Team is prepared to diligently review the city's recent Self Evaluation and Transition Plan Assessment, identifying, and addressing any deficiencies while collaborating closely with the respective departments to implement necessary corrections and updates. Our collaboration with the city's IT Division will ensure that website content and communications related to ADA compliance are up-to-date. Simultaneously, we will develop a comprehensive citywide Transition Plan that encompasses all aspects of your requirements in relation to ADA and CB 11B guidelines. We will take on the critical task of reviewing and updating all c ity documents related to ADA, Section 504 of the Rehabilitation Act, and Title VI of the Civil Rights Act. Our commitment to this task extends to providing comprehensive training to all Department Liaisons to guarantee a robust understanding of ADA, CBC 11 B, Section 504, and Title VI requirements. We will establish an annual training regimen, complemented by quarterly meetings to address current issues or developments. Our dedication to a streamlined approach includes the development of uniform policies and procedures across all City Departments to address complaints and concerns.

Handling public grievances is also a key focus, with a commitment to a 48- hour response time upon receipt of a grievance. This process will involve coordinating with Department Liaisons for pertinent information, updates, and status, as well as liaising with the city attorney and/or Risk Management when necessary.

BLU
E is not just a firm; we are a partner dedicated to achieving the City of Anaheim’s vision for an accessible, inclusive future. Our team's proficiency and dedication make us the ideal choice to lead this transformative endeavor. Together, we will create an ADA Transition Plan that sets new standards for accessibility and inclusivity in the public realm.

Bes
t Regards,
Nick Kelley
Nick Kelley
Project Manager, Blue Accessibility Consultants
[email protected]| 719.659.6412

SELF-EVALUATION ASSESSMENT COST
Evaluation of Current Transition Plan
• Remediation Plan
• Website Content Creation
$ 60,000.00
Policies and Practices Assessment $ 15,000.00
Training $ 20,000.00

TRANSITION PLAN
Transition Plan $ 15,000.00

PROJECT MANAGEMENT/ADMINISTRATION
Project Management/Quality/Admin $ 34,165.00
SUBTOTAL $ 144,165.00

OPTIONAL SERVICES
For any items/services that are out of scope, including but not limited to staff knowledge assessment, facility assessment, public outreach, etc... This item shall be
paid on a Time and Material basis not to exceed in
accordance with the rate sheet provided to the City as
part of the agreement as approved by written
authorization of the City.
$ 50,000.00
TOTAL $ 194,165.00
Project Cost
The cost to complete all items addressed in the RFP is $194,165.00. Below are the costs associated with each task of the project. The city will be invoiced on a monthly basis for the tasks completed.

Note: The price quoted in the proposal is effective for 120 days from the date of this proposal.

Understanding of Fee Structure
The fee structure employed by BLUE for their services is influenced by our wealth of experience and expertise across various key categories, including remediation plans, policies and practices assessment, training, transition planning, and project management/administration. This multifaceted fee structure is tailored to accommodate the distinct needs and complexities inherent in each of these categories. The city can expect pricing that reflects the level of effort, resources, and specialized knowledge required for their specific service needs.

Blue Accessibility Consultants | 421 Colyton Street. 2nd Floor, Los Angeles, CA 90013 | Tel: 719.659.6412 Key Personnel

KEY PERSONNEL RATE
Vice President $210.00
Expert ADA Technical Advisor $175.00
Project Manager $145.00
Accessibility Specialist $95.00
Blue Accessibility Consultants | 421 Colyton Street, 2nd Floor, Los Angeles, CA 90013 | Tel: 719.659.6412

TO CONCLUDE
Thank you for considering Blue Accessibility Consultants for your ADA Self Evaluation and Transition Plan project in Anaheim. We recognize the critical importance of timely and effective project completion and are fully committed to meeting your expectations.

Blue Accessibility brings unparalleled expertise to this endeavor. Our extensive experience crafting ADA Self-Evaluations and Transition Plans for various municipalities uniquely qualifies us to serve Anaheim’s specific needs.

By choosing Blue Accessibility Consultants for your project, you ensure that a final product is delivered on time, within budget, and fully compliant with the ADA. Moreover, the resulting Self-Evaluation and Transition Plan will be easy to understand and straightforward to implement, helping the City of Anaheim take meaningful steps toward improved accessibility.

We look f orward to the possibility of p artnering with the City o f Anaheim to mak e your programs, services, and activities more accessible and inclusive for everyone.