Placentia City Council
May 7, 2024

4. Find that approval of Zoning Code Amendment (ZCA) No. 2024-01 is exempt from environmental review and direct Staff to file a Notice of Exemption, pursuant to CEQA Section 15061(b)(3); and

5. Waive full reading, by title only, and introduce for first reading, Ordinance No. O-2024-04, an Ordinance of the City Council of the City of Placentia, California, finding that approval of Zoning Code Amendment No. 2024-01 is exempt from the California Environmental Quality Act (CEQA) pursuant To CEQA Section 15061(b)(3) and approving Zoning Code Amendment No. 2024-01 amending the Placentia Municipal Code, Chapter 23.111 regarding amortization of uses and preservation of property rights related to legal non- conforming uses; and, to amend the Placentia Municipal Code to omit Chapter 23.37 titled "Sf-C Santa Fe -Commercial District" and to make conforming amendments to the Placentia Municipal Code Chapter 23.08, Chapter 23.82, Chapter 23.90, And Chapter 22.24 omitting references to the "SF -C Santa Fe -Commercial District".

STRATEGIC PLAN STATEMENT:

This item is consistent with the City Council approved 5 -Year Strategic Goal to achieve:

Implementation of Housing Element Strategies, Objective Number 3.10. This agenda item is related to a Zoning Code Amendment which will result in the creation of opportunities for the development of more housing in the City, including a mix of housing at various price points.

BACKGROUND:

On February 6, 2024, City Council adopted General Plan Amendment No. GPA 2023-01 and Zone Change No. ZCA 2023-01. This action expanded the TOD land use designation and TOD zone by approximately 14.5 acres as shown below:

WM OM TOD Boundary
TOD Expansion Area

City Council Agenda
April 16, 2024
ZCA No. 2024-01

When City Council approved GPA 2023-01 and conducted first reading of Ordinance O-2024-01 related to ZCA 2023-01 on February 6, 2024, they gave additional direction to Staff related to the item. As part of their action, City Council directed staff to amend PMC Chapter 23.111 as it relates to amortization and the treatment of existing uses within the TOD Zone, including the expanded TOD Zone. City Council direction included the intent that existing uses be entitled to continue in accordance with PMC Chapter 23.84 (Nonconforming Uses and Buildings) and retaining the secondary use rights set forth in PMC Chapter 23.111.060(c). Staff was directed to work with the City Attorney to prepare an ordinance amending Chapter 23.111 to clarify that intent, and to return at the earliest opportunity.

In 2017, the Old Town Placentia Revitalization Plan and Old Town (OT) Zoning standards were adopted. Most of what is now zoned OT used to be zoned Santa Fe -Commercial (SF -C). As part of ZCA 2024-01, Staff proposes omitting the SF -C language throughout the Municipal Code.

DISCUSSION:

ZCA 2024-01 has been prepared to address the February 6, 2024 City Council direction related to the TOD Zone and address Code consistency issues unrelated to the TOD Zone:

TOD Zone
ZCA 2024-01 would amend the Placentia Municipal Code (PMC) Chapter 23.111 as it relates to amortization of uses and preservation of property rights related to legal non -conforming uses. On February 6, 2024, City Council directed Staff to amend PMC Chapter 23.111 as it relates to amortization and the treatment of existing uses within the TOD Zone, including the expanded TOD Zone. City Council direction included the intent that uses existing under the previous zoning be entitled to continue in accordance with PMC Chapter 23.84 (Nonconforming Uses and Buildings).

City Council direction also included the intent that property owners retain the secondary use rights set forth in PMC Chapter 23.111.060(c). As directed, Staff has prepared a Zoning Code Amendment to clarify that intent (Attachment 1, Exhibit A).

SF -C Zone
Secondly, Staff has initiated an amendment to the Placentia Municipal Code (PMC) to omit Chapter 23.37 titled "SF -C Santa Fe -Commercial District" and to make conforming amendments to the Placentia Municipal Code (PMC) Chapter 23.08, Chapter 23.82, Chapter 23.90, and Chapter 22.24 omitting references to the "SF -C Santa Fe -Commercial District". In 2017, the Old Town Placentia Revitalization Plan and Old Town (OT) Zoning standards were adopted. Most of what is now zoned OT used to be zoned Santa Fe -Commercial (SF -C). As part of ZCA 2024-01, Staff proposes omitting the SF -C language throughout the Municipal Code. No properties in the City of Placentia are now zoned SF -C, therefore Staff proposes omitting this from the City's list of Zones and omitting all references to the SF -C (Attachment 1, Exhibit B).

City Council Agenda
April 16, 2024
ZCA No. 2024-01

CEQA:

In accordance with the California Environmental Quality Act (CEQA) and State and local Environmental Guidelines, Staff and the City of Placentia Planning Commission recommend that City Council adopt a Common Sense Exemption pursuant to Section 15061 (b)(3) of the State CEQA Guidelines in that the proposed project (Zoning Code Amendment) will not result in changes to the existing physical environment, and the physical environment will not be modified as a result of its adoption. Upon City Council adoption of a finding of a Common Sense exemption, a Notice of Exemption will be filed.

Recommending Body Determination
On March 12, 2024, the Planning Commission conducted a Public Hearing regarding Zoning Code Amendment (ZCA) No. 2024-01 and recommended approval of the Staff recommended actions to City Council. It should also be noted that as of April 9, 2024, Staff has received one comment letter in support of the ZCA, attached.

Prepared by: Reviewed and approved:

Joseph M. Lambert Damien R. Arrula
Director of Development Services City Administrator
Attachments:

1. Ordinance No. O-2024-04
a. Exhibit A: Revisions to PMC related to Chapter 23.111.060 (TOD) b. Exhibit B: Revisions to PMC related to SF -C

2. Correspondence Received

ORDINANCE NO. O-2024-04

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

PLACENTIA, CALIFORNIA, FINDING THAT APPROVAL OF
ZONING CODE AMENDMENT NO. 2024-01 IS EXEMPT FROM

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
PURSUANT TO CEQA SECTION 15061(B)(3) AND APPROVING
ZONING CODE AMENDMENT NO. 2024-01 AMENDING THE
PLACENTIA MUNICIPAL CODE, CHAPTER 23.111

REGARDING AMORTIZATION OF USES AND PRESERVATION

OF PROPERTY RIGHTS RELATED TO LEGAL NON-
CONFORMING USES; AND, TO AMEND THE PLACENTIA
MUNICIPAL CODE TO OMIT CHAPTER 23.37 TITLED "SF -C
SANTA FE -COMMERCIAL DISTRICT" AND TO MAKE

CONFORMING AMENDMENTS TO THE PLACENTIA
MUNICIPAL CODE CHAPTER 23.08, CHAPTER 23.82,
CHAPTER 23.90, AND CHAPTER 22.24 OMITTING
REFERENCES TO THE "SF -C SANTA FE COMMERCIAL
DISTRICT"
City Attorney's Summary
This Ordinance would result in an amendment to the Placentia Municipal Code Chapter

23.111 as it relates to amortization and the treatment of existing uses within the TOD Zone; and would amend the Placentia Municipal Code to omit Chapter 23.37 titled "SF -C Santa Fe -Commercial District" and to make conforming amendments to the Placentia Municipal Code Chapter 23.08, Chapter 23.82, Chapter 23.90, and Chapter 22.24 omitting references to the "SF -C Santa Fe Commercial District" WHEREAS, the City of Placentia wishes to amend 23.111 of the Placentia Municipal Code as it relates to amortization and the treatment of existing uses within the TOD Zone and wishes to amend the Placentia Municipal Code to omit Chapter 23.37 titled "SF -C Santa Fe -Commercial District" and to make conforming amendments to the Placentia Municipal Code Chapter 23.08, Chapter 23.82, Chapter 23.90, and Chapter

22.24 omitting references to the "SF -C Santa Fe -wishes to Commercial District"; and WHEREAS, on March 12, 2024, the Planning Commission of the City of Placentia conducted, and concluded a duly public hearing, as required by law, to review and take action on Zoning Code Amendment (ZCA) No. 2024-01, at which time it considered all evidence presented, whether written or oral. The Planning Commission recommended that the City Council of the City of Placentia adopt a "Common Sense" exemption under Section 15061 (b)(3) of the State CEQA Guidelines and the City of Placentia Environmental Guidelines regarding Zoning Code Amendment (ZCA) No. 2024-01; and WHEREAS, on April 16, 2024, the City Council of the City of Placentia conducted, and concluded a duly public hearing, as required by law, to review and take action on Zoning Code Amendment (ZCA) No. 2024-01, at which time it considered all evidence presented, whether written or oral; and
Ordinance O-2024-04

WHEREAS, the City of Placentia provided notice of the City Council's public hearing in accordance with California Government Code Section 65090 and the City of Placentia Municipal Code Section 23.96.030; and
WHEREAS, all other prerequisites to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF PLACENTIA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. In all respects as set forth in the Recitals of this Ordinance.

SECTION 2. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, or invalid, or ineffective, provided the basic purposes of this Ordinance and the benefits to the City and the public are not substantially impaired.

SECTION 3. CEQA. The City Council certifies that the City has complied with all requirements of the California Environmental Quality Act and the City of Placentia Environmental Guidelines as codified in Title 14 of the California Code of Regulations ("CCR") Section 15000 et. seq., Public Resources Code Section 21000 et. seq. and the City of Placentia Environmental Guidelines, and the City Council finds as follows:

Regarding project no. Zoning Code Amendment (ZCA) No. 2024-01, in accordance with the California Environmental Quality Act (CEQA) and State and local Environmental Guidelines, the City of Placentia City Council hereby adopts a Statutory Exemption from CEQA pursuant to the "Common Sense" exemption under Section 15061 (b)(3) of the State CEQA Guidelines, which states: "A project is exempt from CEQA if: the activity is covered by the Common Sense exemption that CEQA applies only to projects which have the potential for causing significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." SECTION 4. The City Council hereby approves Zoning Code Amendment (ZCA) No. 2024-01 amending the text of a portion of the Placentia Municipal Code as follows:
a. Approve an amendment to the Official Zoning Code, Title 23 of the Placentia Municipal Code of the City of Placentia, attached hereto as Exhibit "A" (Zoning Code Amendment 2024-01) and incorporated herein by this reference, whereby Chapter 23.111 is amended regarding amortization of uses and preservation of property rights related to legal non -conforming uses.
b. Approve an amendment to the Placentia Municipal Code of the City of Placentia, attached hereto as Exhibit "B" (Zoning Code Amendment 2024-01) and Ordinance O-2024-04

incorporated herein by this reference, whereby the Placentia Municipal Code is amended to omit Chapter 23.37 titled "SF -C Santa Fe -Commercial District" and to make conforming amendments to the Placentia Municipal Code Chapter 23.08, Chapter 23.82, Chapter 23.90, And Chapter 22.24 omitting references to the "SF - C Santa Fe -Commercial District".

SECTION 5. The City Council finds, in accordance with the requirements of Chapter 23.96 ("Amendments") of the Placentia Municipal Code, that the proposed amendments to the Municipal Code will not be detrimental to the health, safety or general welfare of the persons residing or working within the city, and that it will not be injurious to property or improvements within the city. The City Council also finds that the amendment is consistent with the latest adopted General Plan.

SECTION 6. Effective Date. This Ordinance shall take effect on the 31st day after adoption.

SECTION 7. Certification. The City Clerk shall certify the passage of this ordinance and shall cause the same to be entered in the book of original ordinances of said City; shall make a minute passage and adoption thereof in the records of the meeting at which time the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published as required by law, in a publication of general circulation.

INTRODUCED at a regular meeting of the City Council of the City of Placentia held on April 16th, 2024.

PASSED, APPROVED AND ADOPTED this 7th day of May 2024.

Jeremy Yamaguchi, Mayor
ATTEST:

Robert S. McKinnell, City Clerk
I, Robert S. McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Placentia, held on the 16th day of April 2024, and adopted at a regular meeting of the City Council of the City of Placentia, held on the 7th day of May 2024 by the following vote:

AYES:

NOES:

Councilmembers:

Councilmembers:

Ordinance O-2024-04

ABSENT: Councilmembers:

ABSTAINED: Councilmembers:

ATTEST:

Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:

Christian L. Bettenhausen, City Attorney
Attachments:

Exhibit A: Ordinance language amending Placentia Municipal Code (Zoning Code Amendment 2024-01) revising Chapter 23.111.060 related to amortization of uses and preservation of property rights related to legal non -conforming uses.

Exhibit B: Ordinance language amending Placentia Municipal Code (Zoning Code Amendment 2024-01) omitting Chapter 23.37 titled "Sf-C Santa Fe -Commercial District" and to make conforming amendments to the Placentia Municipal Code Chapter 23.08, Chapter 23.82, Chapter 23.90, And Chapter 22.24 omitting references to the "SF -C Santa Fe -Commercial District".

Ordinance O-2024-04

EXHIBIT "A"
Ordinance language amending Placentia Municipal Code (Zoning Code Amendment 2024-01) revising Chapter 23.111.060 related to amortization of uses and preservation of property rights related to legal non -conforming uses Ordinance O-2024-04

§ Chapter 23.111.060Amortization and eExisting uses.
(a) In order to preserve private property rights, all legal uses, buildings or structures in cxiscncc immcdia-c y vcccding -hc c--cctivc da-c o: •hc ordinancc codi-icd in .his chap-er, may be con -inued -o opera -e as a ega nonconforming use, bui ding or struc-ure.

The definitions for Nonconforming Use and Nonconforming Building, as well as the provisions of sections 23.84.010 and 23.84.020, shall be applicable to the TOD zone. { ) Five (5) years after the e -ec ive da e o •hc ordinancc codi icd in this chap cr, •hc property may be sod or trans-ered and the ega y noncon'o ming use, bui ding, or cructurc may con-inuc in -hc fo owing circums ances:
{ ) The business/property is rans-eTed -'om a parent o his/her chi d, om a chi d o his or her paren- as defined in Chap-er 23.04 o- -he municipa code. (2) The business/property is transferred from an owner to his or her employee(s) such that the ownership does not change as defined in Chapter 23.04 of the municipa code.
(c) No wi hs .anding
codified in his chap
he
er,
orcgoing, -ivc (5) y a's a- cr hc cffcc ivc da
he excep ion se orth in subsec ion Li sha
{ ) The same use in exis ence as o -ive (5) years
codified in his chap er wi con inue o opera e.
rom
he effec
co
on
ive da
hc ordinancc
y app y i-:
eo
-he o
dinance
(b) If the primary use of the business/property (not accessory uses), remains unchanged, then the secondary uses may change. Secondary uses are defined in the definitions section of this chapter. Secondary uses may also be "accessory uses" as defined in Chapter 23.04 of the PMC and which means "a use incidental, appropriate, subordinate and devoted exclusively to the main use of the lot or building"; and
(2-1) The building or structure is not modified or expanded; and (3-2) The use, building or structure is not abandoned or discontinued for twelve (12) months or more.
( c) The provisions of this section shall not apply to the Packing House, located at 341 S. Melrose Street, identified in the California Register of Historical Resources as eligible for designation as a historic resource. Due to its historical significance and the additional costs associated with bringing a historic resource that requires adaptive reuse into compliance with the TOD standards, the Packing House is exempt from amortization requirements as set forth herein. ( ) The ci-y sha give no -ice -o a property owners o- properties wi hin he TOD regarding his chapter in the -o owing manner:
(1) Within one hundred eighty (180) days of adoption of the ordinance codified in this chap .er;
(2) Within three (3) years after adoption of the ordinance codified in this chapter; and (3) At least four (4) years after adoption of the ordinance codified in this chapter.

Failure to provide any of the notices above shall not prevent the city from enforcing the requiremen s o -his chap er."
Ordinance O-2024-04

EXHIBIT "B"
Ordinance language amending Placentia Municipal Code (Zoning Code Amendment 2024-01) omitting Chapter 23.37 titled "SF -C Santa Fe -Commercial District" and to make conforming amendments to the Placentia Municipal Code Chapter 23.08, Chapter 23.82, Chapter 23.90, And Chapter 22.24 omitting references to the "SF -C Santa Fe -Commercial District"
Ordinance O-2024-04

§ 23.37 "SF C" San
§ 23.37.0
0 Purpose.
a Fe Commercia
Dis
ric
The "Santa Fe Commercia " distric- sha be the mechanism to enhance and promo e -he economic revitalization of Placentia's original business district. Goals of the district are:
(1) Promote the use of architectural design consistent with the city's historical and cu -ura heritage as evidenced in the area's bui ding and improvemen-s. (2) Foster civic pride in -he area and hereby s abi ize and improve property va ues. (3) Encourage new uses and se -vices to ocate in the area. (4) Prohibit those uses which are not compatible with the historic and commercial character of -he dis -net.
(5) Encourage the concept of "mixed" commercial and residential uses in order to foster a gr -e- sense o community wi-hin -he distict.
§ 23.37.020 Bounda-ies.

The "Santa Fe Comme-cia " district sha
o- the ordinance codi led in this chapter.
§ 23.37.030 Permi
ed Uses.
inc
ude a
those properties shown on Exhibit 1
Permi ed uses in -he "SF C" zone sha consist of businesses which are conducted wi-hin a comp c -c y enc osed bui ding, excep i pe-mi--ed by Sec ions 23.37.016 and 23.8' .' 65.

Such uses shall include:
{' ) Appare s ores;
{2) App iance s -ores;
{3) Bicyc e shops;
{1) Drugs ores;
{5) Food se -es, inc uding bateries, hea -h ood es-ab ishmen s, candy s -o -es, vi amin shops;
{6) Genera me-chandise sores;
{7) Hardware stoes;
{8) Hobby supp y s -o -es;
{9) Househo d app iance repair;
{' 0) Jewe Ty s ores;
(11) Media shops, including books oyes, newss ands, video ape ou e s, e c.; (12) Offices including financial institutions, real estate and insurance firms, and travel agencies; offices shall remain incidental and subordinate to the intended retail use; (13) Personal service establishments including barber and beauty shops, and tailors; (11) Pho-ography s-udios;
{' 5) Res -auran s and ea ing p aces and as -ood es ab ishmen s exc uding d ive hrough es ab ishmen-s;
{' 6) Sma ou-doo sea-ing a eas per Sec -ion 23.8' .' 65; {17) Sporting goods sores;
{' 8) S -a loney and o --ice supp y sores;
{19) Toy shops;
Ordinance O-2024-04

{20) Variety sores;
{2' ) Vehic c parts sa cs;
(22) Other uses that the planning commission finds to be in accord with the purpose of this chapter and have characteristics similar to those uses in this section. § 23.37.0/0 Uses pe
mi
ed sub'ec
-o ob
aining a use permit.
{a) The ciy-ecognizes ha certain uses, a -hough consis en wi-h hc pu-pose o- hc "SF C" zone, have specia characteristics which have -he po en is -o adverse y affec adjoining businesses and/or property owners. These uses shall therefore be reviewed individually pursuant to the provisions of Chapter 23.87; these uses include the following:
{' ) Dry c eaners;
(2) Establishments that sell alcoholic beverages including on -sale and off sale; (3) Large outdoor seating areas per Section 23.81.165;
(4) Laundroma
(5) Music sores;
{6) Pe- shops;
{7) Poo rooms;
{8) Mixed residen -ia and commercia uses provided, however, ha :
(A) There is or will be commercial space on the ground floor adjacent to the public righ o- way (s -reet -rontage),
(B) The parcel is of adequate size and shape to ensure compliance with all code requiremen-s (par<ing, se bac<s, provision or -rash encosure, e -c.), {C) The-esiden -ial units are directly attached to or are set back a minimum of ten (10) -ee • -rom -he commercia uni -s;
Exception: If a parcel cannot accommodate a viable commercial use, the planning commission may approve only a residential use on the parcel. {9) S-udios inc uding dance and music;
{10) Ve-erinary c inics (comp e -e y enc osed);
{") Other uses tha- the panning commission finds o be in acco-dance wi h he pu-pose of this chapter and having characteristics similar to those uses listed in this section. (b) In approving the use permit, the planning commission shall consider the following in addition to the findings required by Chapp-cr 23.87: operating hours; impac-s on ad'acen business and/o- impac-s on ci y se -vices; concenTalons o- Simi ar uses. A so, where large assemblages of people are involved, the planning commission shall consider the abi i y o he opera -o -s to provide services for and control the subject number of persons. § 23.37.0/6 Ou
door sa
es areas.

Outdoor sales area shall be permitted within the district on a permanent basis only if at ini-ia cons ruction he st-uc ure(s) was origina y and speci-ica y designed o accommodae a designa -ed ou-door sa cs a a. -ems sod in he sa cs a a sha be c ear y re a -ed o -he primary commercia use.
§ 23.37.050 Deve
{a) Heigh
dis ric sha
opmen
S
: The maximum a
be -hirty (30)
andards.
owab
ee
e height o- any s
rue
ure in
he "San
a Fe Commercia
Ordinance O-2024-04

(b) Setbacks: there shall be no required setbacks except adjacent to an alley, in which case no structure shall be located closer than five (5) feet to the edge of alley right-of- way.
(c) Parking: the provisions of Chapter 23.78 shall apply to parking facilities in the "Santa Fe Commercial" district. Parking areas shall remain visibly striped, readily accessible and ree -rom encroachmen- by other uses.
{d) Signs: the provisions o Chap er 23.90 sha appy -o signs in -he "San -a Fe Commercia " distric
{e) Trash: rash enc osures sha be provided per ciy s -andards on -i e in -he bui ding department and shall be suitably maintained for as long as the use continues. (f) S -orage: ou-door s orage sha be prohibi -ed in -he "San -a Fe Commercia " distric {g) A uses sha be conduced wi -hin a comp e -e y enc osed bui ding. (h) No overhead doors shall be permitted along street frontages and all street doors shall be for pedestrian access only.
§ 23.37.060 Design guide incs.

Buildings in the "Santa Fe Commercial (SF C)" district can be grouped into three (3) broad design categories; Main Street, Early California and Spanish Modern. The city recognizes ha- -his dis-ric- is unique and in orde- -o encou-age i s continued improvement and insure compatibility, all new construction, additions or exterior modifications shall follow one of he •hemes is ed be ow in subsec ions (')(A) •hrough (C) o- his sec ion. {) Design Themes.
{A) Main S -ree - Theme. Key e emen s sha inc ude:
(i) Brick facades with decorative inserts;
{ii) Cornices and corbe s;
{iii) Doub e hung windows on -he second soy;
(iv) Display windows with raised sills (minimum two (2) feet six (6) inches from floor) along s -ore fron -s;
(v) Transoms;
{vi) Recessed en ries.
(B) Early California Theme. Key elements shall include:
(i) Heavi y -ex-ured s-ucco -acades;
{ii) "Massive" wood en -ry doors;
{iii) Tie and/o- rough sawn wood -o- -im enhancemen ,
(iv) Brick lined arches highlighting windows;
(v) Earth -tone colors.
{C) Spanish Modern Theme. Key e emen s sha inc ude:
(i) Accent colored paint to highlight fascias, cornices, corbels, columns, window frames and sore -rants;
(ii) Accent colored paint or decorative tile banding to highlight and wrap building facades, particu ar y be-ween ground and be eve ;
{iii) Thin tube neon igh -ing -o accen ma'or bui ding e emen-s such as ascias o -op edges o bui ding parape-s;
(iv) Canopy/awnings to accentuate storefronts, entrances and windows. Second floor window awnings are speci-ica y encouraged.

Ordinance O-2024-04

{2) Addi -iona Requiremens. A new cons rue -ion, addi ions or exterior modifications o bui dings in he "San a Fe Comme-cia " dis let sha be sub'ec o he -o owing requiremen s:
(A) Screening: all exterior mechanical and electrical equipment and roof appurtenances sha be screened. The screen sha be designed as an in -egra part o- he s ruc ure. (B) Pedestrian Elements.
{i) Storefronts: entrances sha be designed and enhanced -o no- on y add identity -o -hc business but be easi y idcnti-iab c o the pub ic. R r cnt-anccs sha receive -hc same attention and detail of design as front entrances. Storefronts shall contain large display windows.
(ii) Canopies: canopies are encouraged a ong zero se-bac< sidewa -o provide pedestrian protection and also deemphasize the long, unbroken, horizontal facade associa -ed wi-h zero se-bac< deve opmen
(iii) Lighting: pedestrian areas shall be sufficiently lighted to promote safety and security. (C) Landscape E emen-s: andscaping sha be used -o enhance -he design and appearance of all structures. Planters and/or planter boxes shall especially be utilized to emphasize entrances. All landscaping shall be maintained in good condition for as long as the use of any structure continues.
§ 23.08.010 Established.

Zoning districts are established as follows:

R -A Residential agricultural district
R-1 Single-family residential district
R-2 Low -medium density multiple -family district
R -G Medium density multiple -family district
R-3 High density multiple -family district
RPC Residential planned community district
T -C Town center district
P -V Combining parkway vista district
C-0 Commercial office district
C-1 Neighborhood commercial district
C-2 Community commercial district
SF -C Santa Fe commercial district
C -M Commercial manufacturing district
M Manufacturing district
PMD Combining planned manufacturing district
MHP Combining mobile home park district
O Combining oil district
O-1 Combining oil district
PUD Planned unit development district
SP -1 Specific Plan 1 district
Ordinance O-2024-04

SP -2 Specific Plan 2 district
SP -3 Specific Plan 3 district
SP -4 Specific Plan 4 district
SP -5 Specific Plan 5 district
SP -6 Specific Plan 6 district
SP -7 Specific Plan 7 district
SP -8 Specific Plan 8 district
TOD Packing House district
OT Old Town Placentia
§ 23.82.050 Location.
(a) No major or minor wireless communication facility shall be established:
(1) Within any residentially zoned or residentially designated areas of the specific plans, except upon public property that is not residential in character, including city parkland, school district property, or other public property located in a residential zoning district and provided that such communication facility is designed so as to blend in with the existing environment; or
(2) On any property that contains any legally -established residential use; or (3) Within the Santa Fe -Commercial (SF -C) or Town Center (T -C) zoning district; or (4) On any property that is designated as "Historic" by the city council. (b) Providers requesting permission to establish wireless communication facilities in the city are encouraged to find sites that are separated from residential areas to the greatest extent feasible. There shall be a minimum one hundred (100) feet of horizontal distance between any residential structure and a free-standing wireless communication facility. (c) Major wireless communication facilities shall be encouraged to locate on properties which are located within the manufacturing (M) and commercial -manufacturing (C -M) districts.
§ 23.90.' 90 Signs in
he San
a Fe commercia
dis
ric
The following regulations shall apply to all signs and outdoor advertising structures in the "SF C" dis
(1) No sign shall be permitted that does not pertain directly to an approved business conduced on -he prcmiscs.
{2) A signs, except hose provided or in Section 23.90.'20, emporary signs, sha be permanent in nature and shall be consistent with and reflect the architectural design of he bui ding wi •h which -hey are associa •ed.
(3) The total sign area permitted per building frontage shall not exceed one (1) square oo per inea 'co- o: •he bui ding :ron-age on which -he sign is oca ed, sub'ec o -he o owing:
(A) Building frontages may not be combined to permit a large sign on any one (1) building ron -age.
{B) Signs sha be a --ached to the bui ding or canopy, para e -o -he bui ding -ace. No portion of a channel letter or nonilluminated sign shall project more than six (6) inches, and no portion of a cabinet sign shall project more than twelve (12) inches from the face o 'he bui ding or s rucure -o which i - is a --ached, except ha • on -wo s o bui dings, a Ordinance O-2024-04

prejec ing sign may be subs i u ed in p ace of -he business iden-i-ica ion sign permitted pu-suan- -o subsecion (1) o his sec -ion sub'ect -o he -o owing:
(i) The total sign area permitted shall not exceed one (1) square foot per lineal foot of bui ding -ron-age --om which .he sign pro'ec-s.
(ii) Each face of a double faced projecting sign may be one (1) square foot per linear foot o- bui ding -rontage.
(iii) A projecting sign shall maintain a minimum distance of twelve (12) inches between he bui ding -ace and the sign.
{iv) A pro'ec ing sign sha no- extend more -han -hree (3) -ee rom he bui ding face. {v) An encroachmen permit sha be required, whe-e signs ex end in o -he pub is right o- way.
(4) Business identification signs shall consist of one (1) of the following:
{A) Sandb as -ed wood or equiva ent synthe lc ma eria ; {B) nterna y i umina-ed individua channc ctcrs;
{C) Noni umina -ed individua e ers such as die cut meta , foam or channe e-ters; {D) Canopy signs;
{E) Signs painted direc ly on bui dings excep or bui ding ron ages a ong San -a Fe and B-ad-ord Avenues.
(5) Window signs, including signs painted on windows and banners, shall be permitted sub'ec- to the -o owing:
(A) They shall be permitted only inside a window of the business to which such signs pertain;
{B) Tota area occupied by said signs sha no exceed more -han wenty five (25) percen of -the window area through which they are displayed;
(C) Signs shall be displayed in a neat and orderly manner; (D) Painted signs shall consist of lettering and/or random figures, the painting of solid areas shall be prohibited, except for seasonal holiday displays. § 22.24.020 Widths.

Minimum alley widths shall be as follows:
(1) Alleys only in industrial or commercial zones: Right-of-way and pavement widths shall be 28 feet.
(2) Alleys only in residential zones: Right-of-way and pavement widths shall be 20 feet. (3) Alleys abutting various zones: Right-of-way and pavement widths shall be a minimum of 20 feet and a maximum of 28 feet. Actual width to be determined by the city engineer based on the approved land use for the abutting property. (4) Santa Fe Commercial District: The following alleys shall be a minimum of 15 feet in right-of-way and pavement width. The city council may increase this width upon recommendation of the city engineer where such additional width is required to improve access to abutting properties.
(A) The alley running north and south from Chapman Avenue to Center Street between Melrose Street and Main Street;
(B) The alley running north and south from approximately 200 feet south of Chapman Avenue to Center Street between Main Street and Bradford Avenue; (C) The alleys running north and south from Center Street to the alley approximately 100 feet north of Santa Fe Avenue between Melrose Street and Main Street and between Main Street and Bradford Avenue;
Ordinance O-2024-04

(D) The alleys running north and south from Santa Fe Avenue to 100 feet north of and 100 feet south of Santa Fe Avenue between Walnut Avenue and Melrose Street; (E) The alleys running north and south from approximately 400 feet north of Center Street to Santa Fe Avenue between Bradford Avenue and Alta Street.

Ordinance O-2024-04

TO:

VIA:

FROM:

DATE:

Placentia City Council

CITY COUNCIL

CITY ADMINISTRATOR

ACTING DIRECTOR OF PUBLIC WORKS
MAY 7, 2024

AGENDA REPORT
SUBJECT: AGREEMENT FOR FUEL SALES BETWEEN THE PLACENTIA-YORBA LINDA

UNIFIED SCHOOL DISTRICT AND THE CITY OF PLACENTIA
FISCAL
IMPACT: AVAILABLE BUDGET: $ 111,636 FY 2023-24 (103658-6345) SUMMARY:

The City's unleaded fuel tank was taken out of service in December 2023 due to a leak. Staff explored options to allow for continued fueling of the unleaded fleet, such as a commercial fuel card program and fueling at the Placentia-Yorba Linda Unified School District (District) Education Center. Fueling at the District allows the City to benefit from bulk fuel pricing. The City will incur a 10 -cent admin fee per gallon to account for District staff time in administering the program for the City. Staff recommends the City Council approve the fuel sales agreement between the City and the District to allow the City to fuel its fleet at the District's fuel station. Separately, Staff is evaluating various options with respect to a long-term solution for fueling the City's fleet which could entail reconstructing the City's fuel island or continuing to fuel the City's fleet at the School District's facility or other retail fueling stations.

RECOMMENDATION
It is recommended that the City Council take the following actions:

1. Approve the agreement between the Placentia-Yorba Linda Unified School District and the City of Placentia for fuel sales; and

2. Authorize the City Administrator and/or his designee to execute all necessary documents, in a form approved by the City Attorney; and

3. Authorize the City Administrator to approve future contract term extensions as may be needed.

STRATEGIC PLAN STATEMENT:

There is no specific Strategic Planning Goal or Objective associated with this agenda item

1.e.

May 7, 2024

City Council Agenda
May 7, 2024

DISCUSSION:

The City's unleaded fuel tank was taken out of service in December 2023 due to a leak. Staff explored options to continue unleaded fueling of its fleet and one of those options is fueling at the Placentia-Yorba Linda Unified School District (District) yard. The District has offered to allow the City to fuel its fleet at the District's yard and benefit from the District's bulk fuel pricing. The City will incur a 10 -cent admin surcharge per gallon, to cover costs associated with fuel management, programming codes, card systems and invoicing. Based upon the most recent month of fuel purchases, the City has been paying an average of $4.59 per gallon for fuel. According to the District's FY 2023-24 fuel purchases to date, the average cost per gallon is $4.11 per gallon.

Based on these figures and including the 10 -cent admin surcharge, the average cost to the City would be $4.21 per gallon, which is an average savings of .38 cents per gallon.

The City utilizes an average of 5,500 gallons per month of unleaded fuel. Purchasing fuel from the District would save the City approximately $25,000 per year versus purchasing through retail fuel stations. The City currently has an account with SC Fuels to fuel the City's fleet at SC Fuels stations and other retail fuel stations, and there are no card fees, transaction fees or reporting fees. There is no time commitment and the City has the option to close the fuel card account at any time without penalty. Staff recommends the City Council enter into an agreement with the District to allow the City to purchase fuel from the District while additional analysis is conducted to determine a long-term solution which could include reconstructing the City's fuel island or continuing to fuel the City's fleet at the District's yard or other retail fueling stations.

FISCAL IMPACT:

A total of $415,000 was budgeted for fleet fuel in the FY 2023-24 Operating Budget. As such, sufficient funds exist for the recommended actions.

Prepared by: Reviewed and approved:

S.cumavitzt.1���c (,a�
Samantha Byfield
Public Works Manager
z)4/ Lim
Jennifer'.ampman
Director of Finance
Reviewed and approved: . Reviewed and _approved:

Christopher Tanio
Acting Director of Public Works
Damien R. Arrula
City Administrator

City Council Agenda
May 7, 2024

Attachment:

Agreement for Fuel Sales Between the Placentia-Yorba Linda Unified School District and the City of Placentia

AGREEMENT FOR FUEL SALES

BETWEEN THE PLACENTIA-YORBA LINDA UNIFIED SCHOOL DISTRICT AND

THE CITY OF PLACENTIA
THIS AGREEMENT, dated the day of , in the County of Orange, State of California, is by and between Placentia-Yorba Linda Unified School District (hereinafter referred to as "DISTRICT"), and the City of Placentia, (hereinafter referred to as "CITY").

RECITALS
A. The District's Transportation Department maintains a central fuel site located at the District's Education Center, 1301 E. Orangethorpe Ave., Placentia, Ca. 92870 B. This site provides fuel for District vehicles that are assigned to various departments.

C. The Placentia-Yorba Linda Unified School District has the capability to sell fuel to other government agencies, including, but not limited to federal, State, county, and city agencies and special districts.

D. The District wishes to sell fuel to City, and City wishes to purchase fuel from District, subject to the terms of this Agreement.

NOW THEREFORE, the District and City agree as follows:

1. Purchase of Fuel, Use of District's Fuel Location: The District will allow the City to purchase fuel for the City's owned, leased, or operated vehicles and equipment at the District's Education Center. Vehicles exceeding the weight that District fuel area can accommodate will not be fueled at the District Education Center. The City's cost for fuel shall be the District's current cost per gallon, plus a $0.10 per gallon surcharge that will be used to cover costs associated with fuel management, programming codes, card systems and invoicing. The City shall pay invoices received by the District within thirty (30) days of invoice receipt.

Only authorized City vehicles will be fueled at the fueling location. Under no circumstances will City employees be allowed to fuel their personal vehicles under this Agreement.

2. Fuel Access Devices: The District fuel site is controlled by an automated fuel system utilizing a key card system that tracks usage of each vehicle. The District will provide sufficient fuel access keys as requested by the City for assigned vehicles. Additionally, the District will provide gate access codes to be used by the City for after-hours, weekend and holiday access to the fuel location. Upon termination of the agreement for any reason, the City will return all fuel access devices within thirty (30) days.

3. Duties of City: The City shall exercise reasonable care in using the District's fueling equipment and entering District property to obtain fuel. The City shall reimburse the District for all loss or damage to fueling equipment, including but not limited to fuel 1 Fuel Agreement
City of Placentia

access devices, caused by City or its employees. The City agrees to pay any costs incurred by the District for the cleanup and disposal of hazardous waste that may result from negligent operation of equipment by City employees. The City must immediately report to District any system malfunctions or fuel spills at the fuel site.

4. Security Requirements: The City agrees to take all reasonable measures to maintain site security by ensuring access gates are closed after using the fueling facility, reporting suspicious activities, and any other action deemed necessary to maintain a secure location and fuel supply.

5. No Warranty or Representation: The District makes no warranty or representation regarding the availability of fuel and reserves the right to restrict access to fuel or fueling facility. However, the District will make reasonable efforts to supply fuel in emergency situations.

6. Indemnity: The City shall be responsible for acts or omissions of the City, its officers, representatives, agents, employees or third party users under contract with the City arising out of this Agreement and which have caused or which are claimed to have caused accident, loss, injury, death or any other damage to persons or real or personal property, and shall indemnify, defend and save harmless the District, its officers, agents and employees, from and against all claims, actions, damages, liabilities and expenses, including attorneys' fees in connection therewith, without any right of contribution or indemnity from the District, its officers, representatives, agents or employees.

The District shall be responsible for acts or omissions of the District, its officers, representatives, agents, employees or third party users under contract with the District arising out of this Agreement and which have caused or which are claimed to have caused accident, loss, injury, death or any other damage to persons or real or personal property, and shall indemnify, defend and save harmless the City, its officers, agents and employees, from and against all claims, actions, damages, liabilities and expenses, including attorneys' fees in connection therewith, without any right of contribution or indemnity from the City, its officers, representatives, agents or employees.

No Indemnity for Punitive Damages. The indemnity provisions set forth in this section shall not be construed to obligate the District or City to pay any liability, including but not limited to punitive damages, which by law would be contrary to public policy or otherwise unlawful.

7. Tort Liability: Government Code section 895.2 imposes certain tort liability jointly upon public agencies solely by reason of such public agencies being parties to an agreement defined in Government Code section 895. Therefore, the District and City, as between themselves, pursuant to the authorization contained in Government Code sections 895.4 and 895.6, each assumes the full liability imposed upon it or any of its officers, agents, representatives or employees by law for injury caused by a negligent or wrongful act or omission occurring in the performance of this Agreement, to the same extent that such liability would be imposed in the absence of Government Code section 895.2. To achieve 2 Fuel Agreement
City of Placentia

this purpose, the District and City indemnifies and holds harmless each other for any loss, cost, or expense, including reasonable attorneys' fees that may be imposed upon or incurred by the District or City solely by virtue of Government Code section 895.2.

8. Term and Termination: The term of this Agreement shall be from March 13, 2024 through December 31, 2025, and may be extended for multiple years at the approval of the District and City. Either party may terminate this agreement for any reason upon ninety (90) days' notice to the other party.

9. Audit: Pursuant to California Government Code Section 8546.7, District and City acknowledge that every contract involving the expenditure of public funds in excess of $10,000.00 shall be subject to audit by the State Auditor.

10. Insurance: City must obtain at its own expense and keep in force and effect during the term of the Agreement, including all extensions, policies of insurance or programs of self- insurance with policy limits in sufficient amounts to cover any and all potential liabilities of City hereunder. The applicable minimum limits shall in no way limit the City's indemnification obligations.

11. Maintenance: The fuel system shall be operated and maintained by the District, and all costs, including but not limited to maintenance costs, fees, and expenses, including any permit fees, associated therewith shall be borne by the District. Any damages to the fueling system, caused by the City, shall be paid by the City.

12. Inspection: The City has the right, upon not less than forty-eight (48) hours' notice to the District, to inspect all fuel records pertaining to this agreement.

13. Parties Use: Because of the business nature of the District, the City will have access to the District fuel pumps Monday through Friday, before 7:00 A.M., after 4:15 P.M. and between 11:00 A.M. to 1:00 P.M. Fuel pumps will be accessible Saturday, Sundays and Holidays at any time, provided there is no maintenance being performed on the pumps.

14. Amendment: This Agreement may be amended or modified only by an Agreement in writing approved by the governing body of the District and City.

15. Conflict of Interest: No director, officer, official, representative, agent or employee of the District or the City shall any financial interest, direct or indirect, in this Agreement.

16. Notices: All formal notices, demands, and communications between the District and City shall be given either by (i) personal service, (ii) delivery by reputable document delivery service such as Federal Express that provides a receipt showing date and time of delivery, or (iii) mailing in the United States mail, certified mail, postage prepaid, return receipt requested, addressed to:
3 Fuel Agreement
City of Placentia

If to District: Placentia-Yorba Linda Unified School District 1301 E. Orangethorpe Ave.

Placentia, CA 92870
Attn: Gary Stine, Assistant Superintendent
If to City: City of Placentia
401 E. Chapman Ave.

Placentia, CA 92870
Attn:

17. Severability: If any term, condition or provision of this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force and effect, and shall not be affected, impaired or invalidated in any way.

18. Assignment: The Agreement shall not be assignable by the District or City without the expressed written consent of the other Party, which consent shall not be unreasonably withheld. Any attempted assignment of this Agreement not in compliance with the terms of this Agreement shall be null and void and shall confer no rights or benefits upon the assignee.

19. Waivers: All waivers of any term or condition of this Agreement shall be in writing. No waiver of any term or condition shall be a waiver of any term or condition or the same term or condition at a different time.

20. Nondiscrimination: There shall be no discrimination by the District or City against any person on account of race, color, religion, sex, marital status, national origin, or ancestry in the performance of its obligation under this Agreement.

21. Applicable Law: This Agreement is executed and is to be performed in the City of Placentia, Orange County, California. This Agreement shall be governed and construed under the laws of the State of California and as if drafted by both parties hereto.

22. Binding Effect: This Agreement shall be binding upon and inure to the benefit of the parties and their successors and assigns.

23. Attorney Fees: Should litigation be necessary to enforce any terms or provisions of this Agreement, then each party shall bear its own litigation and collection expenses, witness fees, court costs, and attorneys' fees.

24. Entire Agreement: This Agreement and any exhibits attached hereto constitute the entire agreement among the parties to it and supersedes any prior or contemporaneous understanding or agreement with respect to the services contemplated, and may be amended only by written notification executed by both parties to the Agreement. 4 Fuel Agreement
City of Placentia

In Witness Whereof the parties hereto have executed this Agreement as of the date first above written:

Placentia-Yorba Linda Unified School District City of Placentia Gary Stine
Assistant Superintendent City Manager
Date Date
City Attorney
Date
5 Fuel Agreement
City of Placentia

TO:

VIA:

FROM:

DATE:

CITY COUNCIL

CITY ADMINISTRATOR

DIRECTOR OF FINANCE
MAY 7, 2024
Placentia City Council
SUBJECT: FY 2023-24 THIRD QUARTER BUDGET REPORT
FISCAL
IMPACT:

AGENDA REPORT
Fund
Revenues
(Including Transfers-
In;
Appropriations
(Including Capital &
Transfers -Out)
General Fund
($700,595)
$-
Special Revenue
-
-
Total
($700,595)
$-
SUMMARY:

The City's Operating Budget is reviewed and presented to the City Council quarterly for recommended amendments and to provide current information on the financial activities of the City. Additionally, these types of quarterly reports assist City departments in communicating their financial operations throughout the fiscal year including any program changes and significant impacts to their annual budgets, as well as ensuring spending and revenues received throughout the year closely align with the adopted budget.

RECOMMENDATION:

It is recommended that the City Council take the following action:

1. Approve the Third Quarter Budget Report and adopt Resolution No. R-2024-24, amending the City's FY 2023-24 Budget.

STRATEGIC PLAN STATEMENT:

This item is consistent with the City Council approved 5 -Year Strategic Goal to Ensure Long -Term Fiscal Sustainability, under Objective #1.6 Update the existing 10 -Year Financial Plan.

DISCUSSION:

At the June 6, 2023 City Council meeting, City Council approved the FY 2023-24 budget which included $86.4 million in expenditures supported by $84.9 million in revenues, with the difference supported by the use of one-time monies in various funds to address capital improvement projects. The General Fund's expenditures accounted for $52.3 million of those expenditures, with

1.f.

Mav 7e 2024

City Council Agenda
May 7, 2024

General Fund revenues adopted at $49.8 million. Subsequently, at the Mid -Year Budget review the City Council approved proposed adjustments to the General Fund budget bringing the total expenditures to $71.4 million, with $64.5 million in revenues, inclusive of carryover funding from FY 2022-23 approved in the first quarter.

Since the Mid -Year report, the City has received three additional months' sales tax allocations.

Through it's April allocation, sales tax is down $388,000, or 7.2% compared to April 2023 and Staff has learned of the closure or future closure of several sales tax producers within the City, further reducing the amount of sales tax expected this fiscal year. Staff is now projecting to receive $7.75 million in sales tax for FY 2023-24 compared to the current amended budget of $8.25 million.

Similarly to sales tax, Measure U is also projected to be lower than its $9.2 million budget, with the City now expecting $8.7 million, compared to $8.9 million last fiscal year. While managed in a separate fund, this reduction will negatively impact the transfer made to the General Fund from the Measure U fund per Policy 460 by $200,000.

For the third quarter of FY 2023-24 there are no proposed adjustments to the expense budget.

To mitigate against the further loss of revenue, the City Administrator gave direction to issue the annual Stop Spending Order, which went into effect March 21st requiring departments to cease all unnecessary spending (not contractually obligated, directly supported by revenue, or required for public safety) for the remainder of the fiscal year.

FY 2024/25 Budget
Budget preparation for the 2024-25 fiscal year is actively underway and the Proposed FY 2024/25 Budget is scheduled to be presented to the City Council on May 21, 2024. Projections for our largest revenue source, property tax, is projected to increase by approximately 9% from the Adopted FY 2023-24 budget. Offsetting this increase, however, is a continued decline in sales tax with our sales tax consultant, HdL, projecting $8.0 million for the upcoming fiscal year, down $767,000, or 9% from the Adopted FY 2023-24 budget.

On the expense side, costs continue to increase, several of which are outside the City's control.

Known increases for FY 2024-25 include increased insurance costs, an unfunded actuarial liability (UAL) payment required to CaIPERS resulting from their recent rate of returns being lower than the discount rate, countywide cost increases for the public safety 800 MHz radio system, and cost of living adjustments per negotiated Memoranda of Understanding. These are in addition to citywide increases in contract and software costs, gasoline, utilities and an overall higher cost of goods and services.

The graphic below illustrates the challenge the City is facing in preparing a balanced budget for the upcoming fiscal year(s). While the most recent CPI figure, 3.5% is lower than peak CPI figures experienced in 2022, it only represents the change consumer costs in one twelve-month period.

However when looking at the cumulative impact of each month's CPI increase on the second graph below, it illustrates how the overall cost of doing business has increased dramatically since 2021.

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$110.52 ININ
SIN $111.74
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$113. 28
$113.26
$113.22
$113.47 MEM
$113. 93
$113.81:

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$114.37
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MIR
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$116. 64
$116.86
$117. 37
$117.66
$117. 62
$117.38
$117.27
$117.90
$118.63
GEM. $119.40
$115.39
$115.97
$116.26
45 C-)
S_)
Source: US Bureau of Labor Statistics
n
'CJ
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C C)
rsJ rj� .i
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".e. MEM 5.4%
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C) <)
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7 .9%

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8 .3%
I MMINI NIMMINI MI 8.5%

9.1%
8 .5%

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NM= MP 8.2%
7 .7%

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It 6.4°%

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6.0%

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iiiiiiiiir 4 .0%
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_ 3.7%
-. 3.7%
_. 3.2%
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_ 3.4%
- 3.1%
_. 3.2%
gilt 3.5%
C)
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00 n
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UPI

7.3 Di
0 City Council Agenda
May 7, 2024

Fund
Revenues
(Including Transfers-
In)
Appropriations
(Including Capital &
Transfers -Out)
$-
General Fund
($700,595)
Special Revenue
-
-
Total
($700,595
$-
Prepared by:

Jennifer Lampman
Director of Finance
Reviewed and approved:

Damien R. Arrula
City Administrator
Attachment:

Resolution R-2024-24 — Authorizing a Budget Amendment in Fiscal Year 2023-24 a. Exhibit A — Detailed Budget Adjustments

RESOLUTION NO. R-2024-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PLACENTIA, CALIFORNIA AUTHORIZING A BUDGET
AMENDMENT IN FISCAL YEAR 2023-24 IN COMPLIANCE

WITH CITY CHARTER OF THE CITY OF PLACENTIA
SECTION 1206 PERTAINING TO APPROPRIATIONS FOR

ACTUAL EXPENDITURES
A. Recitals.
(i). The adopted budget for the 2023-24 Fiscal Year sets out estimated appropriations for City expenses throughout the year.
(ii). From time to time the adopted budget must be adjusted when precise expenditures are finally determined or when estimated expenditures exceed projected costs allocated.
(iii). ('ity ('h,rter of the ('ity of Placentia R 1206 authorizes the City c'ounnil to `111/. r LAILL/I of Llll.. FIL)I of 1 ICAVL..IILIG ILVV UULIIVIILLiO LIIL, LJIL)I VLJUIIL..II L.J amend or supplement the budget by motion adopted by the affirmative votes of at least three members so as to authorize the transfer of unused balances appropriated for one purpose to another purpose, or to appropriate available revenues not included in the budget. All other legal prerequisites to the adoption of this Resolution have occurred.

B. Resolution.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:

1. In all respects as set forth in the Recitals, Part A., of this Resolution.

2. The adopted budget for Fiscal Year 2023-24, Resolution No. R-2024-42, is hereby amended to reflect the following modifications to the FY2023-24 budget in the accounts specified:

Fund
See Exhibit A
Description
Department
GL Account
Amount
Type

3. The Mayor shall sign this resolution, and the City Clerk shall attest and certify to the passage and adoption thereof.

Resolution R-2024-24

PASSED, ADOPTED AND APPROVED THIS 7th DAY OF MAY 2024.

Jeremy Yamaguchi, Mayor
ATTEST:

Robert S. McKinnell, City Clerk

STATE OF CALIFORNIA

COUNTY OF ORANGE
I, Robert S. McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Placentia held on the 7th day of May 2024 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:

Christian Bettenhausen, City Attorney
Resolution R-2024-24

Budget Reporting Fund Fund Description
Proposed FY 2023-24
Key Object Object Description Q3 Adjustment
Revenues
Budget Reporting
General Fund Revenue
General Fund Revenue
General Fund Revenue
Fund Fund Description
101 General Fund (0010)
101 General Fund (0010)
101 General Fund (0010)
Key Object Object Description
100000 4060 General Sales & Use Taxes
100000 7052 Transfer In From Measure U
100000 7090 Transfer in Measure U Reserve
General Fund Total
Midyear Requests
(500,000)
(150,595)
(50,000)
(700,595)
General Fund Total
Internal Service Funds Total
Special Revenue Funds Total
Grand Total (700,595)
(700,595)

TO:

VIA:

FROM:

DATE:

SUBJECT:

FISCAL
IMPACT:

SUMMARY:

Placentia Cit Council

AGENDA REPORT

CITY COUNCIL

CITY ADMINISTRATOR

DIRECTOR OF DEVELOPMENT SERVICES
MAY 7, 2024

CONSIDERATION OF A RESOLUTION AUTHORIZING APPLICATION TO, AND

PARTICIPATION IN THE PROHOUSING DESIGNATION PROGRAM WITH THE

STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
(HCD).

NO IMMEDIATE FISCAL IMPACT; HOWEVER LIKELY POSITIVE FISCAL IMPACT FOR AFFORDABLE HOUSING DEVELOPMENT RELATED GRANTS.

PROHOUSING DESIGNATION QUALIFIES CITY TO APPLY FOR STATE

FUNDING IN AN AMOUNT TO BE DETERMINED ONCE THE STATE RELEASES INFORMATION IN AUGUST 2024.

The City of Placentia is in the process of applying to the State Department of Housing and Community Development (HCD) and the Southern California Association of Governments (SCAG) to obtain a Prohousing designation. The attached Resolution will authorize application to and participation in the Prohousing Designation Program and will make Placentia eligible to apply for the Prohousing Incentive Program grant funds. The amount of eligible funds has yet to be determined by the State. The last round of funding was in a total amount not to exceed $1,000,000.

RECOMMENDATION:

It is recommended that the City Council take the following actions:

1. Adopt Resolution No. R-2024-25, a Resolution of the City Council of the City of Placentia, California, authorizing application to and participation in the Prohousing Designation Program.

1.g.

May 7, 2024

City Council Agenda
May 7, 2024

STRATEGIC PLAN STATEMENT:

This item is consistent with the City Council approved 5 -Year Strategic Goal to achieve the following:

Implementation of Housing Element Strategies, Objective Number 3.10. This agenda item will specifically create opportunities for the development of more housing within the city, including a mix of housing at various price points. Also, this item will serve to enhance affordable housing production efforts in general as it will create potential funding mechanisms and other incentives to attract and promote affordable housing within the community.

BACKGROUND:

The City of Placentia is in the process of applying to the State to obtain a Prohousing designation.

Staff submitted an application last year, however the Housing Element was not certified by the State, and thus, the City did not qualify. With the State certification of the City's 6th Cycle Housing Element in February 2024, the City is now eligible to apply for the Prohousing designation. Staff would like to pursue a Prohousing designation due to its potential to open up a multitude of funding opportunities for the City and will assist the City in fulfilling is regional housing needs assessment (RHNA) requirements.

The State has determined that increasing the availability of housing is critical to bettering the quality of life for all Californians. The 2019-2020 Budget Act provided a spectrum of support, incentives, and accountability measures to meet California's housing goals, and provided for the establishment of the Prohousing Designation Program. The intent of this State program is to encourage jurisdictions to enact regulations, adopt policies, and establish local programs which go beyond current state laws and conventional standards and will accelerate the production of housing, both market rate and affordable at all density levels.

In return for adopting such pro -housing regulations, policies, and programs, local governments can receive an official designation and receive an advantage such as priority processing or funding points when applying for various funding programs. Current eligible funding programs that prioritize those with Prohousing designation include Affordable Housing & Sustainable Communities (AHSC), Infill Infrastructure Grant (IIG), and Transformative Climate Communities (TCC). However, the State is actively looking to add additional programs, particularly those that are only open to those with a Prohousing designation. A successful Prohousing designation could potentially lead to receipt of Prohousing Incentive Program funds. The amount of those funds has yet to be determined by the State.

DISCUSSION:

The attached Resolution (attachment 1) is a required component of the application. Upon the City Council's approval of the Resolution, City staff will submit the entire Prohousing Designation Program application to HCD for review and approval. City Staff has been working with SCAG staff in crafting this application to HCD.

Lesley W ttaker
Associat Planner
City Council Agenda
May 7, 2024

If the City application for a Prohousing designation is awarded by HCD, staff will be able to apply for Prohousing Incentive (PIP) Program funds once the application window opens in August 2024.

Receipt of the funds is contingent upon receiving the Prohousing Designation from HCD. The application for PIP will require Staff to return to Council for approval to apply. Said funds may be used for the development, acquisition, rehabilitation, and preservation of multifamily, residential live -work, rental housing that is affordable to low- and moderate -income households, including necessary operating subsidies. The funds could be utilized to help finance an affordable housing development in Placentia, or for assisting those at risk of homelessness, including funding for navigation centers and emergency shelters, among other eligible expenses.

FISCAL IMPACT:

The approval of a Prohousing designation will qualify the City to apply for PIP grant funds, which can be utilized to generate affordable housing as well as increase scoring for the City and its developers on other HCD and housing grants. The available amount of the PIP grants has not been released by the State. The last round of PIP funds alone was up to $1,000,000 per jurisdiction and funds from the other grants vary by project.

Prepared -by:\ Reviewed and approved:

Reviewed and approved:

Jennifer Lampman
Director of Finance
oieph M. Lambert
Director of Development Services
1 Damien R. Arrula
City Administrator
Attachment:

Resolution No. R-2024-25, a Resolution of the City Council of the City of Placentia, California, authorizing application to and participation in the Prohousing Designation Program

RESOLUTION NO. R-2024-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLACENTIA,

AUTHORIZING APPLICATION TO AND PARTICIPATION IN THE PROHOUSING

DESIGNATION PROGRAM
WHEREAS, Government Code section 65589.9 established the Prohousing Designation Program ("Program"), which creates incentives for jurisdictions that are compliant with state housing element requirements and that have enacted Prohousing local policies; and
WHEREAS, such jurisdictions will be designated Prohousing, and, as such, will receive additional points or other preference during the scoring of their competitive applications for specified housing and infrastructure funding; and WHEREAS, the California Department of Housing and Community Development ("Department") has adopted regulations (Cal. Code Regs., tit. 25, § 6600 et seq.) to implement the Program ("Program Regulations"), as authorized by Government Code section 65589.9, subdivision (d); and
WHEREAS, the CITY OF PLACENTIA ("Applicant") desires to submit an Application for a Prohousing Designation ("Application").

THEREFORE, IT IS RESOLVED THAT:

1. Applicant is hereby authorized and directed to submit an Application to the Department.

2. Applicant acknowledges and confirms that it is currently in compliance with applicable state housing law.

3. Applicant acknowledges and confirms that it will continue to comply with applicable housing laws and to refrain from enacting laws, developing policies, or taking other local governmental actions that may or do inhibit or constrain housing production.

Examples of such local laws, policies, and actions include moratoriums on development; local voter approval requirements related to housing production; downzoning; and unduly restrictive or onerous zoning regulations, development standards, or permit procedures. Applicant further acknowledges and confirms that the Prohousing Policies in its Application comply with its duty to Affirmatively Further Fair Housing pursuant to Government Code sections 8899.50 and 65583.

Applicant further acknowledges and confirms that its general plan is in alignment with an adopted sustainable communities strategy pursuant to Public Resources Code sections 21155- 21155.4. Applicant further acknowledges and confirms that its policies for the treatment of homeless encampments on public property comply

do and will continue to comply with the Constitution and that it has enacted best practices in its jurisdiction that are consistent with the United States Interagency Council on Homelessness' "7 Principles for Addressing Encampments" (June 17, 2022, update).

4. If the Application is approved, Applicant is hereby authorized and directed to enter into, execute, and deliver all documents required or deemed necessary or appropriate to participate in the Program, and all amendments thereto (the "Program Documents").

5. Applicant acknowledges and agrees that it shall be subject to the Application; the terms and conditions specified in the Program Documents; the Program Regulations; and any and all other applicable law.

6. The CITY ADMINISTRATOR is authorized to execute and deliver the Application and the Program Documents on behalf of the Applicant for participation in the Program.

PASSED, ADOPTED and APPROVED this 7th day of May 2024.

Jeremy Yamaguchi, Mayor
ATTEST:

Robert S. McKinnell, City Clerk

STATE OF CALIFORNIA

COUNTY OF ORANGE
I, Robert S. McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Placentia, held on the 7th day of May 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmembers:

Councilmembers:

Councilmembers:

Councilmembers:

Robert S. McKinnell, City Clerk

APPROVED AS TO FORM:

Christian Bettenhausen, City Attorney

TO:

VIA:

FROM:

DATE:

Placentia City Council

CITY COUNCIL

CITY ADMINISTRATOR

ACTING DIRECTOR OF PUBLIC WORKS
MAY 7, 2024

AGENDA REPORT
SUBJECT: PROFESSIONAL SERVICES AGREEMENT FOR THE AMERICANS WITH

DISABILITY ACT (ADA) SELF -EVALUATION AND TRANSITION PLAN FISCAL
IMPACT: EXPENSE: $174,790 PROFESSIONAL SERVICES AGREEMENT BUDGETED: $150,000 FY 2023-24 CIP BUDGET (109800-6770 JL 24901- 6770)
$24,790 BUDGET TRANSFER (109800-6770 JL 24901-
6770)
SUMMARY:

The Federal Americans with Disabilities Act (ADA) has been in place since 1990 and the Code of Federal Regulations mandates public agencies to comply by maintaining an up-to-date ADA Self Evaluation and Transition Plan for the facilities it owns and maintains. The City prepared an ADA report for the City Hall in 2009.

On November 15, 2023, Staff issued a Request for Proposals ("RFP") for professional service to develop an ADA Self Evaluation and Transition Plan. The scope of services for this effort will include the compilation of a comprehensive ADA Self -Evaluation and Transition Plan for City buildings, parks, and public right-of-way, including parking lots, street intersections, and sidewalks. The Self Evaluation will evaluate the City's services, practices, and policies. The Transition Plan will evaluate the physical barriers at all City -owned facilities and public right-of- way and provide the basis for prioritizing, budgeting, implementing, and removing identified barriers. A comprehensive City ADA Transition Plan will ensure that City facilities are accessible to all members of the public.

Staff received five (5) proposals for this project and after a thorough review, are recommending Disability Access Consultants (DAC), based upon their qualifications, experience, and technical expertise. DAC has assisted business and public entities in compliance with local, state and federal laws and regulations since 1998.

RECOMMENDATION:

It is recommended that City Council take the following actions:

1.h.

May 7, 2024

City Council Agenda
May 7, 2024

1. Award a Professional Services Agreement for Americans with Disabilities Act (ADA) Self Evaluation and Transition Plan to Disability Access Consultants, LLC. for a not -to -exceed amount of $158,900; and

2. Authorize the City Administrator to approve contract change orders up to 10% or $15,890; and

3. Authorize the City Administrator and/or his designee to execute all the necessary documents, in a form approved by the City Attorney.

STRATEGIC PLAN STATEMENT:

There is no specific strategic planning goal or objective associated with this agenda item.

DISCUSSION:

On November of 2023, a Request for Proposals (RFP) was issued for professional services to prepare an ADA Self -Evaluation and Transition Plan. The scope of services for this effort will include the compilation of a comprehensive ADA Self -Evaluation and Transition Plan for City buildings, parks, and public right-of-way, including parking lots, street intersections, and sidewalks. The Self Evaluation will evaluate the City's services, practices, and policies. The Transition Plan will evaluate the physical barriers at all City -owned facilities and public right-of- way and provide the basis for prioritizing, budgeting, implementing, and removing identified barriers. A comprehensive City ADA Transition Plan will ensure that City facilities are accessible to the public.

On January 18, 2024, a total of five (5) firms submitted proposals for the project. The proposals were reviewed by a selection team comprised of Staff in the Public Works and Development Services Departments and evaluated based upon criteria established for consultant selection.

DAC ranked first based upon their overall experience and expertise with similar projects and their proposed approach to the project.

CONSULTANT

RFP SCORE

RANKING
Disability Access Consultants
(DAC)
93 1
SZS Engineering
88 2
Bureau Veritas
83 3
Sally Swanson
79 4
ARCOR
66 5
DAC will be performing field investigations within the City's right-of-way and at City facilities and parks in order to identify obstacles limiting accessibility, describe methods to improve accessibility and recommend a schedule for achieving ADA compliance. In addition, the Self Evaluation will evaluate the City's services, practices, and policies. The Transition Plan component will evaluate physical barriers at all City -owned facilities and public right-of-way. Ultimately, the plan will

City Council Agenda
May 7, 2024

provide recommendations for removing identified barriers and complying with accessibility requirements as mandated by the ADA and State of California Access codes.

DAC has prepared numerous Self Evaluations and Transition Plans throughout California and is well versed in current ADA regulations. In addition, DAC is committing experienced staff to the project which have prepared similar plans for other cities in Southern California. DAC will be engaged with the City throughout the process to ensure that City input is considered in all aspects of the plan and how it is set up for implementation. Lastly, DAC has also committed to project deliverables within a 12 -month time frame.

FISCAL IMPACT:

The total cost for the professional services amounts to $174,790. A total of $150,000 was budgeted in the FY 2023-24 Capital Improvement Program for this project. Staff is recommending an additional $24,790 be transferred from the Public Works Operating Budget to cover the remainder of the cost. As such, sufficient funds exist for the recommended actions.

Prepared by:
//J'! 142-
Kyra Tao
Transportation Manager
Reviewed and approved:

Reviewed and approved:

Jennifer L'ampman
Director of Finance
Reviewed and approved:

Chris Tanio Damien _ R. Arrula
Deputy Director of Public Works/City Engineer City Administrator Attachment:

Professional Services Agreement

CITY OF PLACENTIA

PROFESSIONAL SERVICES AGREEMENT
WITH

DISABILITY ACCESS CONSULTANTS, LLC (DAC)
THIS AGREEMENT is made and entered into this 7TH day of May, 2024 ("Effective Date"), by and between the CITY OF PLACENTIA, a municipal corporation ("City"), and Disability Access Consultants, a California corporation ("Consultant").

WITNESSETH:

A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor for Americans with Disabilities Act (ADA) Self -Evaluation and Transition Plan, as more fully described herein; and
B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit "A" (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:

1.0. SERVICES PROVIDED BY CONSULTANT

1.1. Scope of Services. Consultant shall provide the professional services described in the Consultant's Proposal ("Proposal"), attached hereto as Exhibit "A" and incorporated herein by this reference.

1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. Officers and employees shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.

1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the City Administrator or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:

(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.

1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above -mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement.

1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Such actions shall include, but not be limited to the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.

Consultant shall, in all solicitations and advertisements for employees placed by, or on behalf of Consultant shall state that all qualified applicants will receive consideration for employment without regard to age, race, color, religion, sex, marital status, national origin, or mental or physical disability. Consultant shall cause the paragraphs contained in this Section to be inserted in all subcontracts for any work covered by the Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.

1.6. Non -Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.

1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense. All insurance requirements contained in this Agreement are independantly applicable to any and all subcontractors that Consultant may engage during the term of this Agreement.
2 Disability Access Consultants, LLC (DAC)

1.8. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement.

2.0. COMPENSATION AND BILLING

2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "A". Consultant's total compensation shall not exceed One Hundred Fifty Eight Thousand and Nine Hundred Dollars ($ 158,900.00).

2.2. Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum as set forth in Section 3.1, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of ten percent (10%) or less of the Contract Sum, or in the time to perform of one hundred eighty (180) days or less, may be approved by the Contract Officer. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore.

2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice.

Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices.

2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date.

3.0. TIME OF PERFORMANCE

3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit "A."

3.2. Excusable Delays. Neither party shall be responsible for delays or lack of 3 Disability Access Consultants, LLC (DAC)

performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Consultant is encountered, a time extension may be mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension.

4.0. TERM AND TERMINATION

4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of 36 months, ending on May 7, 2027, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties.

4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement.

If the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

The City shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement, immediately upon service of written notice of termination on the Consultant, if the latter should:
a. Be adjudged a bankrupt;
b. Become insolvent or have a receiver of its assets or property appointed because of insolvency;
c. Make a general assignment for the benefit of creditors; d. Default in the performance of any obligation or payment of any indebtedness under this Agreement;
e. Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or
f. Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs.

4.3. Compensation. In the event of termination, City shall pay Consultant for 4 Disability Access Consultants, LLC (DAC)

reasonable costs incurred and professional services satisfactorily performed up to and including the date of City's written notice of termination within thirty-five (35) days after service of the notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. City shall not be liable for any claim of lost profits.

4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant.

5.0. INSURANCE

5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated "A," Class X, or better in the most recent Best's Key Insurance Rating Guide, and approved by City:
(a) Broad -form commercial general liability, in a form at least as broad as ISO from #CG 00 01 04 13, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. If Consultant maintains higher limits that the spedified minimum limits, City requires and shall be entitled to coverage for the high limits maintained by the Consultant.
(b) Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, each incident for bodily injury and property damage.
(c) Workers' compensation insurance as required by the State of California and Employers Liability Insurance with a minimum limit of $1,000,000 per accident for any employee or employees of Consultant. Consultant agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. 5 Disability Access Consultants, LLC (DAC)

Before execution of this Agreement by the City, the Consultant shall file with the Public Works Director/City Engineer the following signed certification:

I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers' Compensation or to undertake self-insurance before commencing any of the work.

The Consultant shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Public Works Director/City Engineer before execution of this Agreement by the City.

The City, its officers and employees shall not be responsible for any claims in law or equity occasioned by failure of the consultant to comply with this section.
(d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects' and engineers' coverage shall be endorsed to include contractual liability. If the policy is written as a "claims made" policy, the retro date shall be prior to the start of the contract work. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder.

Neither the CITY nor any of its elected or appointed officials, officers, agents, employees, or volunteers makes any representation that the types of insurance and the limits specified to be carried by Consultant under this Agreement are adequate to protect Consultant.

If Consultant believes that any such insurance coverage is insufficient, Consultant shall provide, at its own expense, such additional insurance as Consultant deems adequate.

5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions:
(a) Additional insureds: "The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are addition- al insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant."
(b) Notice: "Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Consultant shall forthwith obtain and submit proof of substitute insurance. Should Consultant fail to immediately procure other insurance, as specified, to substitute for any 6 Disability Access Consultants, LLC (DAC)

canceled policy, the City may procure such insurance at Consultant's sole cost and expense."
(c)
Other insurance: "The Consultant's insurance coverage shall be primary insurance as respects the City of Placentia, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Placentia shall be excess and not contributing with the insurance provided by this policy."
(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Placentia, its officers, officials, agents, employees, and volunteers.
(e) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible or self -insured retention to provide such coverage, the amount of such deductible or self -insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self -insured retention.

5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance and endorsements shall be attached hereto as Exhibit "B" and incorporated herein by this reference.

5.5. Non -limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.

6.0. GENERAL PROVISIONS

6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.

6.2. Representatives. The City Administrator or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.

Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement.
7 Disability Access Consultants, LLC (DAC)

6.3. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. It shall be the Consultant's responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decision, which must be made by City, to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager.

Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement and who shall not be changed by Consultant without the express written approval by the City. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City.

6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or if mailed, shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.

IF TO CONSULTANT: IF TO CITY:

Disability Access Consultants, LLC
2862 Olive Highway
Suite D
Oroville, CA 95966
Tel: 800-743-7067
Fax: 530-533-3001
Attn: Tim Mahoney
City of Placentia
401 E. Chapman
Placentia, CA 92870
Tel: 714-993-8148
Fax:

Attn: Kyra Tao

6.5. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.

6.6. Governinc Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California. Consultant agrees to submit to the personal jurisdiction of such court in the event of such action.

6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant 8 Disability Access Consultants, LLC (DAC)

hereunder for the term of this Agreement.

6.8. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Consultant's sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against the City, its elected and appointed officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Consultant's Proposal, which shall be of no force and effect.

6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.

6.10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to 9 Disability Access Consultants, LLC (DAC)

any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

6.11. Cooperation. In the event any claim or action is brought against City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.

6.12. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, preliminary notes, working documents, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City, but shall be made available to the City within ten (10) days of request or within ten (10) days of termination. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant.

Consultant shall deliver to City any findings, reports, documents, information, data, preliminary notes and working documents, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. Consultant or Consultant's agents shall execute such documents as may be necessary from time to time to confirm City's ownership of the copyright in such documents.

6.13. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.).

Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.

6.14. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.

6.15. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this 10 Disability Access Consultants, LLC (DAC)

Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.

6.16. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect.

6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, the conflict shall be resolved by giving precedence in the following order, if applicable: This Agreement, the City's Request for Proposals, the Consultant's Proposal.

6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

6.19. No Third Party Beneficiary Richts. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.

6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

6.21. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

6.22. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.

6.23. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

6.24. Severability. If any provision of this Agreement is determined by a court of 11 Disability Access Consultants, LLC (DAC)

competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.

6.25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

6.26. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.

CITY OF PLACENTIA,
A municipal corporation
Date:

Damien R. Arrula, City Administrator
ATTEST:

Robert S. McKinnell, City Clerk
CONSULTANT — Disability Access Consultants, LLC
Tim M.a th
Signature
Tim Mahoney
Name and Title
Managing Member
Social Security or Taxpayer ID Number
Date: 4/12/2024
12 Disability Access Consultants, LLC (DAC)

APPROVED AS TO FORM:

Date:

Christian L. Bettenhausen, City Attorney
APPROVED AS TO INSURANCE:

Date:

Krystle Murillo, Risk Manager
APPROVED AS TO CONTENT:

Kyra Tao, Project Manager

DEPARTMENTAL APPROVAL
()Axis 1-a t&io
Chris Tanio, City Engineer
Deputy Director of Public Works
Date: 4/15/2024
4/15/2024
Date:
13 Disability Access Consultants, LLC (DAC)

EXHIBIT A

CONSULTANT'S PROPOSAL
14 Disability Access Consultants, LLC (DAC)

EXHIBIT B

CERTIFICATES OF INSURANCE AND ENDORSEMENTS
15 Disability Access Consultants, LLC (DAC)

A� o® CERTIFICATE OF LIABILITY INSURANCE

DATE(MM/DD/YYYY)
04/24/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER
AssuredPartners of Minnesota LLC
2685 Long Lake Road
St. Paul MN 55113
CONTACT Stacie Schwartzbauer
NAME:

PHONE Ext): (651) 644-7200 FA (651) No) (651) 644-9137
E-MAIL [email protected]
ADDRESS:

INSURER(S) AFFORDING COVERAGE
NAIC #
INSURERA: Employers Mutual Casualty Co
21415"

INSURED
Disability Access Consultants, LLC
2862 Olive Highway
Suite D
Oroville CA 95966
INSURER B : Continental Ins Co
35289
INSURER C : Berkley Specialty Insurance Company
INSURER D : The Sentinel Insurance Company
11000
INSURER E : QBE Insurance Company
INSURER F :

COVERAGES
CERTIFICATE NUMBER: 24-25
REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR
LTR

TYPE OF INSURANCE
ADDL
INSD
SUBR
WVD

POLICY NUMBER

POLICY EFF
(MM/DDIYYYY)

POLICY EXP

MM/DDIYYYY)
LIMITS
A
X

COMMERCIAL GENERAL LIABILITY
Y
BBB4018
03/01/2024
03/01/2025

EACH OCCURRENCE
$ 1,000,000

CLAIMS -MADE X OCCUR

DAMAGE TO
PREMISES (Ea occuErrrence)
$ 500,000
MED EXP (Any one person)
S 10,000

PERSONAL &ADV INJURY
S 1,000,000

GENERAL AGGREGATE
$ 2,000,000
GEN'L

AGGREGATE
POLICY
OTHER:

X

LIMIT APPLIES

PRO LOC
28--
PER:

PRODUCTS - COMP/OPAGG
$ 2000,000
S
B

AUTOMOBILE
X
- X

LIABILITY

ANY AUTO
OWNED

AUTOS ONLY
HIRED

AUTOS ONLY
X

SCHEDULED
AUTOS

NON -OWNED

AUTOS ONLY
Y
BUA6020004782
01/01/2024
01/01/2025

COMBINED SINGLE LIMIT
(Ea accident)
$ 1,000,000
BODILY INJURY (Per person)
5 BODILYINJURY(Peraccident)
$

PROPERTY DAMAGE
(Per accident)
$
$
C
X

UMBRELLA LIAB

EXCESS LIAB
X
OCCUR

CLAIMS -MADE
CX0212941
03/01/2024
03/01/2025

EACH OCCURRENCE
S 5000000

AGGREGATE
s 5000,000
DED
RETENTION $
$
D

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y I N
Y
N /A
Y
41 WBC AC5W3P
01/08/2024
01/08/2025

X STATUTE
EORH
E.L. EACH ACCIDENT
S 1,000,000
E.L, DISEASE- EA EMPLOYEE
$ 1,000,000
E.L. DISEASE - POLICY LIMIT
1 ,0 000
$ ,
E
Professional Liab/E&O - Claims Made
Retro Date: 9-9-1999
130000005
03/13/2024
03/01/2025
Each Claim
Aggregate
Deductible
$5,000,000
$5,000,000
$25,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Additional Insureds on Primary & Non -Contributory basis: The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant.
30 days notice of cancellation will be mailed to the certificate holder.

CERTIFICATE HOLDER

CANCELLATION
City of Placentia and its elected and appointed boards, officers, volunteers
401 E. Chapman Ave.

Placentia
CA 92870

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

ANA
Insured Name

DISABILITY ACCESS CONSULTANTS, LLC
2862 OLIVE HIGHWAY
OROVILLE, CA 95966
Policy Number
BUA 6020004782
Policy Period
01 /01 /2024 to 01/01/2025
Endorsement
Producer Information

ASSUREDPARTNERS OF MINNESOTA LLC
2685 LONG LAKE RD
SAINT PAUL, MN 55113-1117
Producer Processing Code
410-060068
CNA Branch

MINNEAPOLIS
5600 W. 83rd Street
The 8200 Tower at Normandale, Suite 500
Bloomington, MN 55437
Thank you for choosing CNA!
With your Business Auto Policy, you have insurance coverage tailored to meet the needs of your business.

The international network of insurance professionals and the financial strength of CNA, rated "A" by A.M.

Best, provide the resources to help you manage the daily risks of your organization so that you may focus on what's most important to you.

Claim Services
. To report a loss go to www.FNOLCNA.com or send an email to [email protected], or call 833-FNOL-CNA (833-366-5262)
▪ To find a network provider, go to www.FNOLCNA.com
. To request loss runs send an email to [email protected] . For additional questions call CNA Customer Service at (877)-574-0540, or contact your independent CNA Insurance Agent.

Commercial Automobile Identification Cards
Evidence of automobile insurance is required and must be produced upon request by law enforcement.

Enclosed you will find your Automobile Insurance Identification Cards for each insured auto. The applicable Card must be carried in the insured auto at all times. If you are not the person directly responsible for having these Automobile Identification Cards displayed in each vehicle, please direct these cards to the appropriate person within your organization. The information displayed on the individual card(s) and the quantity supplied is based on the vehicle information provided by your independent CNA Insurance Agent.

Quality Assurance
Questions pertaining to this transaction should be referred to CNA Customer Interaction Center at 877-574-0540, Option 3. Please submit endorsements through www.cnacentral.com , send endorsement requests to [email protected] or fax 877-363-8669.
© Copyright CNA All Rights Reserved.

CNA
Business Auto Policy
'olic j Sch-i.4du
It is understood and agreed as follows:

I. ADDITION OF FORMS OR ENDORSEMENTS
The Forms and Endorsements Schedule is amended to add the following forms of the date set forth in such form or endorsement.
or endorsements effective as
Endorsement Form or Endorsement Name
Number
84 85
86 AMENDMENT OF FORMS

AND ENDORSEMENTS

SCHEDULE ADDITION OR

DELETION OF

ENDORSEMENTS

ADDITIONAL INSURED -

PRIMARY AND

NON-CONTRIBUTORY

CANCELLATION BY US

NOTICE TO DESIGNATED

PERSONS
Form Number
CNA62673XX
CNA71527XX
G -140327-B
Edition Date Effective
Date
06-2017
04/11/2024
10-2012
04/11/2024
07-201 1
04/11/2024
Expiration
Date
01/01/2025
01/01/2025
01/01/2025
II. DELETION OF FORMS OR ENDORSEMENTS
The Forms and Endorsements Schedule is amended to delete the following forms or endorsements effective as of the "deletion date" indicated below.

The net premium change, if any, for the above endorsements in Sections I. and II. is:

Surcharge Taxes and Fees changes are:

Total change is:

All other terms and conditions of the policy remain unchanged. $0.00
$0.00
This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below.

Form No: CNA62673XX (06-2017)
Endorsement Effective Date: 04/11/2024 Endorsement Expiration Date:

Endorsement No: 84; Page: 1 of 1
Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy No: BUA 6020004782
Policy Effective Date: 01/01/2024
© Copyright CNA All Rights Reserved.

ANA
Business Auto Policy
!J,o!icyi Endorsement
!rremillM111r
It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows:

Name of Additional Insured Person Or Organization

1. In conformance with paragraph A.1.c. of Who Is An Insured of Section II - LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy.

2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident" for which the additional insured seeks coverage under this policy.

All other terms and conditions of the policy remain unchanged This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy.

Form No: CNA71527XX (10-2012)
Endorsement Effective Date: 04/11/2024 Endorsement Expiration Date:

Endorsement No: 85; Page: 1 of 1
Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy No: BUA 6020004782
Policy Effective Date: 01/01/2024
Copyright CNA All Rights Reserved.

CNA
Business Auto Policy
'olio,/ Endo.

A
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

This endorsement modifies insurance provided under the following:

THE COMMON POLICY CONDITIONS OF THE BUSINESS AUTO COVERAGE FORM The following is added to Paragraph A. CANCELLATION:

A.7.In the event we cancel your policy in accordance with your policy's terms and conditions, we will mail written notice of cancellation to the designated persons named below within the stated time frames. a. 10 days before the effective date of cancellation if we cancel for non-payment of premium, or b. 30 days before the effective date of cancellation if we cancel for any other reason.

Designated Person(s):

Address:

CITY OF PLACENTIA
401 E CHAPMAN AVE
PLACENTIA, CA 92870-6101
All other terms and conditions of the policy remain unchanged This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy.

Form No: G -140327-B (07-201 1)
Endorsement Effective Date: 04/11/2024 Endorsement Expiration Date:

Endorsement No: 86; Page: 1 of 1
Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy No: BUA 6020004782
Policy Effective Date: 01/01/2024
© Copyright CNA All Rights Reserved.

CNA
Business Auto Policy
-7,1! Endorsement
l_≥i: eis easAB 1.s'y q0171filitii X113
I i�s'6 TOIIa1'l�elDir etir itAllII
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.

The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to any person(s) or organization(s) for whom you are required to waive subrogation with respect to the coverage provided under this Coverage Form, but only to the extent that subrogation is waived; A. Under a written contact or agreement with such person(s) or organization(s); and B. Prior to the "accident" or the "loss."
Form No: CA 04 43 11 20
Endorsement Effective Date: Endorsement Expiration Date:

Endorsement No: 6; Page: 1 of 1
Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy No: BUA 6020004782
Policy Effective Date: 01/01/2024
Policy Page: 53 of 146
L
Copyright Insurance Services Office, Inc., 2019

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S)
Policy Number: 41 WBC AC5W3P Endorsement Number:

Effective Date: 01/08/24 Effective hour is the same as stated on the Information Page of the policy.

Named Insured and Address: Disability Access Consulants, LLC 2862 OLIVE HWY
OROVILLE CA 95966
This policy is subject to the following additional
Conditions:

A. If this policy is cancelled by the Company, other than for non-payment of premium, notice of such
cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the
certificate holder(s) with mailing addresses on file
with the agent of record or the Company.

B. If this policy is cancelled by the Company for
non-payment of premium, or by the insured, notice
of such cancellation will be provided within ten (10)
days of the cancellation effective date to the
certificate holder(s) with mailing addresses on file
with the agent of record or the Company.

Form WC 99 03 94 Printed in U.S.A.

Process Date: 11/29/23
If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient
proof of notice.

Any notification rights provided by this endorsement
apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term.

Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation
becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or
representatives.

Policy Expiration Date: 01/08/25
© 2011, The Hartford

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S)
Policy Number: 41 WBC AC5W3P Endorsement Number:

Effective Date: 01/08/24 Effective hour is the same as stated on the Information Page of the policy.

Named Insured and Address: Disability Access Consulants, LLC 2862 OLIVE HWY
OROVILLE CA 95966
This policy is subject to the following additional
Condition:

A. If this policy is cancelled by the Company for non-
payment of premium, or by the insured, notice of
such cancellation will be provided within ten (10)
days of the cancellation effective date to the
certificate holder(s) with mailing addresses on file
with the agent of record or the Company.

If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient
proof of notice.

Form WC 99 05 31 Printed in U.S.A.

Process Date: 11/29/23
Any notification rights provided by this endorsement
apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term.

Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation
becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or
representatives.

Policy Expiration Date: 01/08/25
© 2011, The Hartford

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF OUR RIGHT TO RECOVER

FROM OTHERS ENDORSEMENT
Policy Number: 41 WBC AC5W3P Endorsement Number:

Effective Date: 01/08/24 Effective hour is the same as stated on the Information Page of the policy.

Named Insured and Address: Disability Access Consulants, LLC 2862 OLIVE HWY
OROVILLE CA 95966
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule.

This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.

SCHEDULE
Any person or organization for whom you are required by contract or agreement to obtain this waiver from us.

Endorsement is not applicable in KY, NH, NJ or for any MO construction risk Countersigned by
Authorized Representative
Form WC 00 03 13 Printed in U.S.A.

Process Date: 11/29/23 Policy Expiration Date: 01/08/25

POLICY NUMBER: 41 WBC AC5W3P
NAME OF INSURER: Hartford Casualty Insurance Company
Our President and Secretary have signed this policy. Where required by law, the Information Page has been countersigned by our duly authorized representative.
�r-
Kevin Barnett, Secretary
M. Ross Fisher, President
Includes copyright material of the National Council on Compensation Insurance, Inc. used with its permission. © 2000 National Council on Compensation Insurance, Inc. All Rights Reserved.

DELAWARE:

Delaware forms have been copyrighted by the Delaware Compensation Rating Bureau Inc.

NEW YORK:

Includes copyrighted material of the New York Compensation Insurance Rating Board, used with its permission. © 2021 New York Compensation Insurance Rating Board, all rights reserved.

NORTH CAROLINA:

Includes copyrighted material of the North Carolina Rate Bureau, used with its permission.

PENNSYLVANIA:

Pennsylvania forms have been copyrighted by the Pennsylvania Compensation Rating Bureau.

Form WC 99 00 01 K Printed in U.S.A. Page 1 of 1
Process Date: 11/29/23 Policy Expiration Date: 01/08/25

Kevin Barnett, Secretary

WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY

INSURANCE POLICY SIGNATURE PAGE
POLICY NUMBER: 41 WBC AC5W3P
NAME OF INSURER: Hartford Casualty Insurance Company
Our President and Secretary have signed this policy. Where required by law, the Information Page has been countersigned by our duly authorized representative.

M. Ross Fisher, President
Form WC 99 06 96 Printed in U.S.A. Page 1 of 1
Process Date: 11/29/23 Policy Expiration Date: 01/08/25

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF OUR RIGHT TO RECOVER FROM

OTHERS ENDORSEMENT - CALIFORNIA
Policy Number: 41 WBC AC5W3P Endorsement Number:

Effective Date: 01/08/24 Effective hour is the same as stated on the Information Page of the policy.

Named Insured and Address: Disability Access Consulants, LLC 2862 OLIVE HWY
OROVILLE CA 95966
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration.

SCHEDULE
Person or Organization Job Description
Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from us
Countersigned by
Authorized Representative
Form WC 04 03 06 (1) Printed in U.S.A.

Process Date: 11/29/23 Policy Expiration Date: 01/08/25

Kevin Barnett, Secretary
POLICY NUMBER: 41 WBC AC5W3P
NAME OF INSURER: Hartford Casualty Insurance Company
Our President and Secretary have signed this policy. Where required by law, the Information Page has been countersigned by our duly authorized representative.

M. Ross Fisher, President
Includes copyright material of the National Council on Compensation Insurance, Inc. used with its permission. © 2000 National Council on Compensation Insurance, Inc. All Rights Reserved.

DELAWARE:

Delaware forms have been copyrighted by the Delaware Compensation Rating Bureau Inc.

NEW YORK:

Includes copyrighted material of the New York Compensation Insurance Rating Board, used with its permission. © 2021 New York Compensation Insurance Rating Board, all rights reserved.

NORTH CAROLINA:

Includes copyrighted material of the North Carolina Rate Bureau, used with its permission.

PENNSYLVANIA:

Pennsylvania forms have been copyrighted by the Pennsylvania Compensation Rating Bureau.

Form WC 99 00 01 K Printed in U.S.A. Page 1 of 1
Process Date: 11/29/23 Policy Expiration Date: 01/08/25

WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY

INSURANCE POLICY SIGNATURE PAGE
POLICY NUMBER: 41 WBC AC5W3P
NAME OF INSURER: Hartford Casualty Insurance Company
Our President and Secretary have signed this policy. Where required by law, the Information Page has been countersigned by our duly authorized representative.
gK/-- t'ri,--
Kevin Barnett, Secretary M. Ross Fisher, President
Form WC 99 06 96 Printed in U.S.A. Page 1 of 1
Process Date: 11/29/23 Policy Expiration Date: 01/08/25

COMMERCIAL GENERAL LIABILITY
CG 00 01 04 13

COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Various provisions in this policy restrict coverage.

Read the entire policy carefully to determine rights,
duties and what is and is not covered.

Throughout this policy the words "you" and "your"
refer to the Named Insured shown in the Declarations,
and any other person or organization qualifying as a
Named Insured under this policy. The words "we",
"us" and "our" refer to the company providing this
insurance.

The word "insured" means any person or organization
qualifying as such under Section II — Who Is An
Insured.

Other words and phrases that appear in quotation
marks have special meaning. Refer to Section V —
Definitions.

SECTION I - COVERAGES
COVERAGE A — BODILY INJURY AND PROPERTY

DAMAGE LIABILITY

1. Insuring Agreement
a. We will pay those sums that the insured
becomes legally obligated to pay as damages
because of "bodily injury" or "property damage"
to which this insurance applies. We will have
the right and duty to defend the insured against
any "suit" seeking those damages. However,
we will have no duty to defend the insured
against any "suit" seeking damages for "bodily
injury" or "property damage" to which this
insurance does not apply. We may, at our
discretion, investigate any "occurrence" and
settle any claim or "suit" that may result. But:
(1) The amount we will pay for damages is
limited as described in Section III — Limits
Of Insurance; and
(2) Our right and duty to defend ends when we
have used up the applicable limit of
insurance in the payment of judgments or
settlements under Coverages A or B or
medical expenses under Coverage C.

No other obligation or liability to pay sums or
perform acts or services is covered unless
explicitly provided for under Supplementary
Payments — Coverages A and B.
b. This insurance applies to "bodily injury" and
"property damage" only if:
(1) The "bodily injury" or "property damage" is
caused by an "occurrence" that takes place
in the "coverage territory";
(2) The "bodily injury" or "property damage"
occurs during the policy period; and
Prior to the policy period, no insured listed
under Paragraph 1. of Section II — Who Is
An Insured and no "employee" authorized
by you to give or receive notice of an
"occurrence" or claim, knew that the "bodily
injury" or "property damage" had occurred,
in whole or in part. If such a listed insured
or authorized "employee" knew, prior to the
policy period, that the "bodily injury" or
"property damage" occurred, then any
continuation, change or resumption of such
"bodily injury" or "property damage" during
or after the policy period will be deemed to
have been known prior to the policy period.
c. "Bodily injury" or "property damage" which
occurs during the policy period and was not,
prior to the policy period, known to have
occurred by any insured listed under
Paragraph 1. of Section II — Who Is An Insured
or any "employee" authorized by you to give or
receive notice of an "occurrence" or claim,
includes any continuation, change or
resumption of that "bodily injury" or "property
damage" after the end of the policy period,
d. "Bodily injury" or "property damage" will be
deemed to have been known to have occurred
at the earliest time when any insured listed
under Paragraph 1. of Section II — Who Is An
Insured or any "employee" authorized by you to
give or receive notice of an "occurrence" or
claim:
(1) Reports all, or any part, of the "bodily injury"
or "property damage" to us or any other
insurer;
(2) Receives a written or verbal demand or
claim for damages because of the "bodily
injury" or "property damage"; or
Becomes aware by any other means that
"bodily injury" or "property damage" has
occurred or has begun to occur.
e. Damages because of "bodily injury" include
damages claimed by any person or
organization for care, loss of services or death
resulting at any time from the "bodily injury".
(3)
(3)
CG 00 01 04 13
© Insurance Services Office, Inc., 2012 Page 1 of 16

2. Exclusions
This insurance does not apply to:
a. Expected Or Intended Injury
"Bodily injury" or "property damage" expected
or intended from the standpoint of the insured.

This exclusion does not apply to "bodily injury"
resulting from the use of reasonable force to
protect persons or property.
b. Contractual Liability
"Bodily injury" or "property damage" for which
the insured is obligated to pay damages by
reason of the assumption of liability in a
contract or agreement. This exclusion does not
apply to liability for damages:
(1) That the insured would have in the absence
of the contract or agreement; or
(2) Assumed in a contract or agreement that is
an "insured contract", provided the "bodily
injury" or "property damage" occurs
subsequent to the execution of the contract
or agreement. Solely for the purposes of
liability assumed in an "insured contract",
reasonable attorneys' fees and necessary
litigation expenses incurred by or for a party
other than an insured are deemed to be
damages because of "bodily injury" or
"property damage", provided:
(a) Liability to such party for, or for the cost
of, that party's defense has also been
assumed in the same "insured contract";
and
(b) Such attorneys' fees and litigation
expenses are for defense of that party
against a civil or alternative dispute
resolution proceeding in which damages
to which this insurance applies are
alleged.
c. Liquor Liability
"Bodily injury" or "property damage" for which
any insured may be held liable by reason of:
(1) Causing or contributing to the intoxication of
any person;
(2) The furnishing of alcoholic beverages to a
person under the legal drinking age or
under the influence of alcohol; or
(3) Any statute, ordinance or regulation relating
to the sale, gift, distribution or use of
alcoholic beverages.

This exclusion applies even if the claims
against any insured allege negligence or other
wrongdoing in:
(a) The supervision, hiring, employment,
training or monitoring of others by that
insured; or
(b) Providing or failing to provide
transportation with respect to any
person that may be under the influence
of alcohol;
if the "occurrence" which caused the "bodily
injury" or "property damage", involved that
which is described in Paragraph (1), (2) or (3)
above.

However, this exclusion applies only if you are
in the business of manufacturing, distributing,
selling, serving or furnishing alcoholic
beverages. For the purposes of this exclusion,
permitting a person to bring alcoholic
beverages on your premises, for consumption
on your premises, whether or not a fee is
charged or a license is required for such
activity, is not by itself considered the business
of selling, serving or furnishing alcoholic
beverages.
d. Workers' Compensation And Similar Laws
Any obligation of the insured under a workers'
compensation, disability benefits or
unemployment compensation law or any
similar law.
e. Employer's Liability
"Bodily injury" to:
(1) An "employee" of the insured arising out of
and in the course of:
(a) Employment by the insured; or
(b) Performing duties related to the conduct
of the insured's business; or
(2) The spouse, child, parent, brother or sister
of that "employee" as a consequence of
Paragraph (1) above.

This exclusion applies whether the insured
may be liable as an employer or in any other
capacity and to any obligation to share
damages with or repay someone else who
must pay damages because of the injury.

This exclusion does not apply to liability
assumed by the insured under an "insured
contract".

© Insurance Services Office, Inc., 2012 CG 00 01 04 13

f. Pollution
(1) "Bodily injury" or "property damage" arising
out of the actual, alleged or threatened
discharge, dispersal, seepage, migration,
release or escape of "pollutants":
(a) At or from any premises, site or location
which is or was at any time owned or
occupied by, or rented or loaned to, any
insured. However, this subparagraph
does not apply to:
(i) "Bodily injury" if sustained within a
building and caused by smoke,
fumes, vapor or soot produced by or
originating from equipment that is
used to heat, cool or dehumidify the
building, or equipment that is used to
heat water for personal use, by the
building's occupants or their guests;
(ii) "Bodily injury" or "property damage"
for which you may be held liable, if
you are a contractor and the owner
or lessee of such premises, site or
location has been added to your
policy as an additional insured with
respect to your ongoing operations
performed for that additional insured
at that premises, site or location and
such premises, site or location is not
and never was owned or occupied
by, or rented or loaned to, any
insured, other than that additional
insured; or
(iii) "Bodily injury" or "property damage"
arising out of heat, smoke or fumes
from a "hostile fire";
(b) At or from any premises, site or location
which is or was at any time used by or
for any insured or others for the
handling, storage, disposal, processing
or treatment of waste;
(c) Which are or were at any time
transported, handled, stored, treated,
disposed of, or processed as waste by
or for:
(i) Any insured; or
(ii) Any person or organization for whom
you may be legally responsible; or
(d) At or from any premises, site or location
on which any insured or any contractors
or subcontractors working directly or
indirectly on any insured's behalf are
performing operations if the "pollutants"
are brought on or to the premises, site
or location in connection with such
operations by such insured, contractor
or subcontractor. However, this
subparagraph does not apply to:
(i)
"Bodily injury" or "property damage"
arising out of the escape of fuels,
lubricants or other operating fluids
which are needed to perform the
normal electrical, hydraulic or
mechanical functions necessary for
the operation of "mobile equipment"
or its parts, if such fuels, lubricants
or other operating fluids escape from
a vehicle part designed to hold, store
or receive them. This exception does
not apply if the "bodily injury" or
"property damage" arises out of the
intentional discharge, dispersal or
release of the fuels, lubricants or
other operating fluids, or if such
fuels, lubricants or other operating
fluids are brought on or to the
premises, site or location with the
intent that they be discharged,
dispersed or released as part of the
operations being performed by such
insured, contractor or subcontractor;
(ii) "Bodily injury" or "property damage"
sustained within a building and
caused by the release of gases,
fumes or vapors from materials
brought into that building in
connection with operations being
performed by you or on your behalf
by a contractor or subcontractor; or
(iii) "Bodily injury" or "property damage"
arising out of heat, smoke or fumes
from a "hostile fire".
(e) At or from any premises, site or location
on which any insured or any contractors
or subcontractors working directly or
indirectly on any insured's behalf are
performing operations if the operations
are to test for, monitor, clean up,
remove, contain, treat, detoxify or
neutralize, or in any way respond to, or
assess the effects of, "pollutants".

CG 00 01 04 13
© Insurance Services Office, Inc., 2012 Page 3 of 16

g.
(2) Any loss, cost or expense arising out of
any:
(a) Request, demand, order or statutory or
regulatory requirement that any insured
or others test for, monitor, clean up,
remove, contain, treat, detoxify or
neutralize, or in any way respond to, or
assess the effects of, "pollutants"; or
(b) Claim or suit by or on behalf of a
governmental authority for damages
because of testing for, monitoring,
cleaning up, removing, containing,
treating, detoxifying or neutralizing, or in
any way responding to, or assessing the
effects of, "pollutants".

However, this paragraph does not apply to
liability for damages because of "property
damage" that the insured would have in the
absence of such request, demand, order or
statutory or regulatory requirement, or such
claim or "suit" by or on behalf of a
governmental authority.

Aircraft, Auto Or Watercraft
"Bodily injury" or "property damage" arising out
of the ownership, maintenance, use or
entrustment to others of any aircraft, "auto" or
watercraft owned or operated by or rented or
loaned to any insured. Use includes operation
and "loading or unloading".

This exclusion applies even if the claims
against any insured allege negligence or other
wrongdoing in the supervision, hiring,
employment, training or monitoring of others by
that insured, if the "occurrence" which caused
the "bodily injury" or "property damage"
involved the ownership, maintenance, use or
entrustment to others of any aircraft, "auto" or
watercraft that is owned or operated by or
rented or loaned to any insured.

This exclusion does not apply to:
(1) A watercraft while ashore on premises you
own or rent;
(2) A watercraft you do not own that is:
(a) Less than 26 feet long; and
(b) Not being used to carry persons or
property for a charge;
Parking an "auto" on, or on the ways next
to, premises you own or rent, provided the
"auto" is not owned by or rented or loaned
to you or the insured;
(4) Liability assumed under any "insured
contract" for the ownership, maintenance or
use of aircraft or watercraft; or
(3)
(5)
"Bodily injury" or "property damage" arising
out of:
(a) The operation of machinery or
equipment that is attached to, or part of,
a land vehicle that would qualify under
the definition of "mobile equipment" if it
were not subject to a compulsory or
financial responsibility law or other
motor vehicle insurance law where it is
licensed or principally garaged; or
(b) The operation of any of the machinery
or equipment listed in Paragraph f.(2) or
f.(3) of the definition of "mobile
equipment".
h. Mobile Equipment
"Bodily injury" or "property damage" arising out
of:
(1) The transportation of "mobile equipment" by
an "auto" owned or operated by or rented or
loaned to any insured; or
(2) The use of "mobile equipment" in, or while
in practice for, or while being prepared for,
any prearranged racing, speed, demolition,
or stunting activity.
i. War
"Bodily injury" or "property damage", however
caused, arising, directly or indirectly, out of:
(1) War, including undeclared or civil war;
(2) Warlike action by a military force, including
action in hindering or defending against an
actual or expected attack, by any
government, sovereign or other authority
using military personnel or other agents; or
(3) Insurrection, rebellion, revolution, usurped
power, or action taken by governmental
authority in hindering or defending against
any of these.
j. Damage To Property
"Property damage" to:
(1) Property you own, rent, or occupy, including
any costs or expenses incurred by you, or
any other person, organization or entity, for
repair, replacement, enhancement,
restoration or maintenance of such property
for any reason, including prevention of
injury to a person or damage to another's
property;
(2) Premises you sell, give away or abandon, if
the "property damage" arises out of any
part of those premises;
Property loaned to you;
(3)

© Insurance Services Office, Inc., 2012 CG 00 01 04 13

(4) Personal property in the care, custody or
control of the insured;
(5) That particular part of real property on
which you or any contractors or
subcontractors working directly or indirectly
on your behalf are performing operations, if
the "property damage" arises out of those
operations; or
(6) That particular part of any property that
must be restored, repaired or replaced
because "your work" was incorrectly
performed on it.

Paragraphs (1), (3) and (4) of this exclusion do
not apply to "property damage" (other than
damage by fire) to premises, including the
contents of such premises, rented to you for a
period of seven or fewer consecutive days. A
separate limit of insurance applies to Damage
To Premises Rented To You as described in
Section III — Limits Of Insurance.

Paragraph (2) of this exclusion does not apply
if the premises are "your work" and were never
occupied, rented or held for rental by you.

Paragraphs (3), (4), (5) and (6) of this
exclusion do not apply to liability assumed
under a sidetrack agreement.

Paragraph (6) of this exclusion does not apply
to "property damage" included in the "products -
completed operations hazard".
k. Damage To Your Product
"Property damage" to "your product" arising out
of it or any part of it.

I. Damage To Your Work
"Property damage" to "your work" arising out of
it or any part of it and included in the "products -
completed operations hazard".

This exclusion does not apply if the damaged
work or the work out of which the damage
arises was performed on your behalf by a
subcontractor.
m. Damage To Impaired Property Or Property
Not Physically Injured
"Property damage" to "impaired property" or
property that has not been physically injured,
arising out of:
(1) A defect, deficiency, inadequacy or
dangerous condition in "your product" or
"your work"; or
(2) A delay or failure by you or anyone acting
on your behalf to perform a contract or
agreement in accordance with its terms.

This exclusion does not apply to the loss of use
of other property arising out of sudden and
accidental physical injury to "your product" or
"your work" after it has been put to its intended
use.
n. Recall Of Products, Work Or Impaired
Property
Damages claimed for any loss, cost or
expense incurred by you or others for the loss
of use, withdrawal, recall, inspection, repair,
replacement, adjustment, removal or disposal
of:
(1) "Your product";
(2) "Your work"; or
(3) "Impaired property";
if such product, work, or property is withdrawn
or recalled from the market or from use by any
person or organization because of a known or
suspected defect, deficiency, inadequacy or
dangerous condition in it.
o. Personal And Advertising Injury
"Bodily injury" arising out of "personal and
advertising injury".
p. Electronic Data
Damages arising out of the loss of, loss of use
of, damage to, corruption of, inability to access,
or inability to manipulate electronic data.

However, this exclusion does not apply to
liability for damages because of "bodily injury".

As used in this exclusion, electronic data
means information, facts or programs stored as
or on, created or used on, or transmitted to or
from computer software, including systems and
applications software, hard or floppy disks, CD-
ROMs, tapes, drives, cells, data processing
devices or any other media which are used
with electronically controlled equipment.
q. Recording And Distribution Of Material Or
Information In Violation Of Law
"Bodily injury" or "property damage" arising
directly or indirectly out of any action or
omission that violates or is alleged to violate:
(1) The Telephone Consumer Protection Act
(TCPA), including any amendment of or
addition to such law;
(2) The CAN-SPAM Act of 2003, including any
amendment of or addition to such law;
(3) The Fair Credit Reporting Act (FCRA), and
any amendment of or addition to such law,
including the Fair and Accurate Credit
Transactions Act (FACTA); or
CG 00 01 04 13
© Insurance Services Office, Inc., 2012 Page 5 of 16

(4) Any federal, state or local statute,
ordinance or regulation, other than the
TCPA, CAN-SPAM Act of 2003 or FCRA
and their amendments and additions, that
addresses, prohibits, or limits the printing,
dissemination, disposal, collecting,
recording, sending, transmitting,
communicating or distribution of material or
information.

Exclusions c. through n. do not apply to damage
by fire to premises while rented to you or
temporarily occupied by you with permission of the
owner. A separate limit of insurance applies to this
coverage as described in Section III — Limits Of
Insurance.

COVERAGE B — PERSONAL AND ADVERTISING

INJURY LIABILITY

1. Insuring Agreement
a. We will pay those sums that the insured
becomes legally obligated to pay as damages
because of "personal and advertising injury" to
which this insurance applies. We will have the
right and duty to defend the insured against
any "suit" seeking those damages. However,
we will have no duty to defend the insured
against any "suit" seeking damages for
"personal and advertising injury" to which this
insurance does not apply. We may, at our
discretion, investigate any offense and settle
any claim or "suit" that may result. But:
(1) The amount we will pay for damages is
limited as described in Section III — Limits
Of Insurance; and
(2) Our right and duty to defend end when we
have used up the applicable limit of
insurance in the payment of judgments or
settlements under Coverages A or B or
medical expenses under Coverage C.

No other obligation or liability to pay sums or
perform acts or services is covered unless
explicitly provided for under Supplementary
Payments — Coverages A and B.
b. This insurance applies to "personal and
advertising injury" caused by an offense arising
out of your business but only if the offense was
committed in the "coverage territory" during the
policy period.

2. Exclusions
This insurance does not apply to:
a. Knowing Violation Of Rights Of Another
"Personal and advertising injury" caused by or
at the direction of the insured with the
knowledge that the act would violate the rights
of another and would inflict "personal and
advertising injury".
b. Material Published With Knowledge Of
Falsity
"Personal and advertising injury" arising out of
oral or written publication, in any manner, of
material, if done by or at the direction of the
insured with knowledge of its falsity.
c. Material Published Prior To Policy Period
"Personal and advertising injury" arising out of
oral or written publication, in any manner, of
material whose first publication took place
before the beginning of the policy period.
d. Criminal Acts
"Personal and advertising injury" arising out of
a criminal act committed by or at the direction
of the insured.
e. Contractual Liability
"Personal and advertising injury" for which the
insured has assumed liability in a contract or
agreement. This exclusion does not apply to
liability for damages that the insured would
have in the absence of the contract or
agreement.
f. Breach Of Contract
"Personal and advertising injury" arising out of
a breach of contract, except an implied
contract to use another's advertising idea in
your "advertisement".

Quality Or Performance Of Goods — Failure
To Conform To Statements
"Personal and advertising injury" arising out of
the failure of goods, products or services to
conform with any statement of quality or
performance made in your "advertisement".
h. Wrong Description Of Prices
"Personal and advertising injury" arising out of
the wrong description of the price of goods,
products or services stated in your
"advertisement".
g.

© Insurance Services Office, Inc., 2012 CG 00 01 04 13

i. Infringement Of Copyright, Patent,
Trademark Or Trade Secret
"Personal and advertising injury" arising out of
the infringement of copyright, patent,
trademark, trade secret or other intellectual
property rights. Under this exclusion, such
other intellectual property rights do not include
the use of another's advertising idea in your
"advertisement".

However, this exclusion does not apply to
infringement, in your "advertisement", of
copyright, trade dress or slogan.

Insureds In Media And Internet Type
Businesses
"Personal and advertising injury" committed by
an insured whose business is:
(1) Advertising, broadcasting, publishing or
telecasting;
(2) Designing or determining content of web
sites for others; or
(3) An Internet search, access, content or
service provider.

However, this exclusion does not apply to
Paragraphs 14.a., b. and c. of "personal and
advertising injury" under the Definitions
section.

For the purposes of this exclusion, the placing
of frames, borders or links, or advertising, for
you or others anywhere on the Internet, is not
by itself, considered the business of
advertising, broadcasting, publishing or
telecasting.
k. Electronic Chatrooms Or Bulletin Boards
"Personal and advertising injury" arising out of
an electronic chatroom or bulletin board the
insured hosts, owns, or over which the insured
exercises control.

I. Unauthorized Use Of Another's Name Or
Product
"Personal and advertising injury" arising out of
the unauthorized use of another's name or
product in your e-mail address, domain name
or metatag, or any other similar tactics to
mislead another's potential customers.
m. Pollution
"Personal and advertising injury" arising out of
the actual, alleged or threatened discharge,
dispersal, seepage, migration, release or
escape of "pollutants" at any time.
j•
n. Pollution -related
Any loss, cost or expense arising out of any:
(1) Request, demand, order or statutory or
regulatory requirement that any insured or
others test for, monitor, clean up, remove,
contain, treat, detoxify or neutralize, or in
any way respond to, or assess the effects
of, "pollutants"; or
(2) Claim or suit by or on behalf of a
governmental authority for damages
because of testing for, monitoring, cleaning
up, removing, containing, treating,
detoxifying or neutralizing, or in any way
responding to, or assessing the effects of,
"pollutants".
o. War
"Personal and advertising injury", however
caused, arising, directly or indirectly, out of:
(1) War, including undeclared or civil war;
(2) Warlike action by a military force, including
action in hindering or defending against an
actual or expected attack, by any
government, sovereign or other authority
using military personnel or other agents; or
Insurrection, rebellion, revolution, usurped
power, or action taken by governmental
authority in hindering or defending against
any of these.
p. Recording And Distribution Of Material Or
Information In Violation Of Law
"Personal and advertising injury" arising
directly or indirectly out of any action or
omission that violates or is alleged to violate:
(1)
The Telephone Consumer Protection Act
(TCPA), including any amendment of or
addition to such law;
(2) The CAN-SPAM Act of 2003, including any
amendment of or addition to such law;
The Fair Credit Reporting Act (FCRA), and
any amendment of or addition to such law,
including the Fair and Accurate Credit
Transactions Act (FACTA); or
(4) Any federal, state or local statute,
ordinance or regulation, other than the
TCPA, CAN-SPAM Act of 2003 or FCRA
and their amendments and additions, that
addresses, prohibits, or limits the printing,
dissemination, disposal, collecting,
recording, sending, transmitting,
communicating or distribution of material or
information.
(3)
(3)
CG 00 01 04 13
© Insurance Services Office, Inc., 2012 Page 7 of 16

COVERAGE C - MEDICAL PAYMENTS

1. Insuring Agreement
a. We will pay medical expenses as described
below for "bodily injury" caused by an accident:
(1) On premises you own or rent;
(2) On ways next to premises you own or rent;
or
(3) Because of your operations;
provided that:
(a) The accident takes place in the
"coverage territory" and during the policy
period;
(b) The expenses are incurred and reported
to us within one year of the date of the
accident; and
(c) The injured person submits to
examination, at our expense, by
physicians of our choice as often as we
reasonably require.
b. We will make these payments regardless of
fault. These payments will not exceed the
applicable limit of insurance. We will pay
reasonable expenses for:
(1) First aid administered at the time of an
accident;
(2) Necessary medical, surgical, X-ray and
dental services, including prosthetic
devices; and
(3) Necessary ambulance, hospital,
professional nursing and funeral services.

2. Exclusions
We will not pay expenses for "bodily injury":
a. Any Insured
To any insured, except "volunteer workers".
b. Hired Person
To a person hired to do work for or on behalf of
any insured or a tenant of any insured.
c. Injury On Normally Occupied Premises
To a person injured on that part of premises
you own or rent that the person normally
occupies.
d. Workers' Compensation And Similar Laws
To a person, whether or not an "employee" of
any insured, if benefits for the "bodily injury"
are payable or must be provided under a
workers' compensation or disability benefits
law or a similar law.
e. Athletics Activities
To a person injured while practicing, instructing
or participating in any physical exercises or
games, sports, or athletic contests.
f. Products -Completed Operations Hazard
Included within the "products -completed
operations hazard".

Coverage A Exclusions
Excluded under Coverage A.

SUPPLEMENTARY PAYMENTS - COVERAGES A
AND B

1. We will pay, with respect to any claim we
investigate or settle, or any "suit" against an
insured we defend:
a. All expenses we incur.
b. Up to $250 for cost of bail bonds required
because of accidents or traffic law violations
arising out of the use of any vehicle to which
the Bodily Injury Liability Coverage applies. We
do not have to furnish these bonds.
c. The cost of bonds to release attachments, but
only for bond amounts within the applicable
limit of insurance. We do not have to furnish
these bonds.
d. All reasonable expenses incurred by the
insured at our request to assist us in the
investigation or defense of the claim or "suit",
including actual loss of earnings up to $250 a
day because of time off from work.
e. All court costs taxed against the insured in the
"suit". However, these payments do not include
attorneys' fees or attorneys' expenses taxed
against the insured.
f. Prejudgment interest awarded against the
insured on that part of the judgment we pay. If
we make an offer to pay the applicable limit of
insurance, we will not pay any prejudgment
interest based on that period of time after the
offer.
g.

@ Insurance Services Office, Inc., 2012 CG 00 01 04 13

g. All interest on the full amount of any judgment
that accrues after entry of the judgment and
before we have paid, offered to pay, or
deposited in court the part of the judgment that
is within the applicable limit of insurance.

These payments will not reduce the limits of
insurance.

2. If we defend an insured against a "suit" and an
indemnitee of the insured is also named as a party
to the "suit", we will defend that indemnitee if all of the following conditions are met:
a. The "suit" against the indemnitee seeks
damages for which the insured has assumed
the liability of the indemnitee in a contract or
agreement that is an "insured contract";
b. This insurance applies to such liability
assumed by the insured;
c. The obligation to defend, or the cost of the
defense of, that indemnitee, has also been
assumed by the insured in the same "insured
contract";
d. The allegations in the "suit" and the information
we know about the "occurrence" are such that
no conflict appears to exist between the
interests of the insured and the interests of the
indemnitee;
e. The indemnitee and the insured ask us to
conduct and control the defense of that
indemnitee against such "suit" and agree that
we can assign the same counsel to defend the
insured and the indemnitee; and
f. The indemnitee:
(1) Agrees in writing to:
(a) Cooperate with us in the investigation,
settlement or defense of the "suit";
(b) Immediately send us copies of any
demands, notices, summonses or legal
papers received in connection with the
"suit";
(c) Notify any other insurer whose coverage
is available to the indemnitee; and
(d) Cooperate with us with respect to
coordinating other applicable insurance
available to the indemnitee; and
(2) Provides us with written authorization to:
(a) Obtain records and other information
related to the "suit"; and
(b) Conduct and control the defense of the
indemnitee in such "suit".

So long as the above conditions are met,
attorneys' fees incurred by us in the defense of
that indemnitee, necessary litigation expenses
incurred by us and necessary litigation expenses
incurred by the indemnitee at our request will be
paid as Supplementary Payments.

Notwithstanding the provisions of Paragraph

2.b.(2) of Section I — Coverage A — Bodily Injury
And Property Damage Liability, such payments will
not be deemed to be damages for "bodily injury"
and "property damage" and will not reduce the
limits of insurance.

Our obligation to defend an insured's indemnitee
and to pay for attorneys' fees and necessary
litigation expenses as Supplementary Payments
ends when we have used up the applicable limit of
insurance in the payment of judgments or
settlements or the conditions set forth above, or
the terms of the agreement described in
Paragraph f. above, are no longer met.

SECTION II - WHO IS AN INSURED

1. If you are designated in the Declarations as:
a. An individual, you and your spouse are
insureds, but only with respect to the conduct
of a business of which you are the sole owner.
b. A partnership or joint venture, you are an
insured. Your members, your partners, and
their spouses are also insureds, but only with
respect to the conduct of your business.
c. A limited liability company, you are an insured.

Your members are also insureds, but only with
respect to the conduct of your business. Your
managers are insureds, but only with respect
to their duties as your managers.
d. An organization other than a partnership, joint
venture or limited liability company, you are an
insured. Your "executive officers" and directors
are insureds, but only with respect to their
duties as your officers or directors. Your
stockholders are also insureds, but only with
respect to their liability as stockholders.
e. A trust, you are an insured. Your trustees are
also insureds, but only with respect to their
duties as trustees.

CG 00 01 04 13
© Insurance Services Office, Inc., 2012 Page 9 of 16

2. Each of the following is also an insured:
a. Your "volunteer workers" only while performing
duties related to the conduct of your business,
or your "employees", other than either your
"executive officers" (if you are an organization
other than a partnership, joint venture or limited
liability company) or your managers (if you are
a limited liability company), but only for acts
within the scope of their employment by you or
while performing duties related to the conduct
of your business. However, none of these
"employees" or "volunteer workers" are
insureds for:
(1) "Bodily injury" or "personal and advertising
injury":
(a) To you, to your partners or members (if
you are a partnership or joint venture),
to your members (if you are a limited
liability company), to a co -"employee"
while in the course of his or her
employment or performing duties related
to the conduct of your business, or to
your other "volunteer workers" while
performing duties related to the conduct
of your business;
(b) To the spouse, child, parent, brother or
sister of that co -"employee" or
"volunteer worker" as a consequence of
Paragraph (1)(a) above;
(c) For which there is any obligation to
share damages with or repay someone
else who must pay damages because of
the injury described in Paragraph (1)(a)
or (b) above; or
(d) Arising out of his or her providing or
failing to provide professional health
care services.
(2) "Property damage" to property:
(a) Owned, occupied or used by;
(b) Rented to, in the care, custody or
control of, or over which physical control
is being exercised for any purpose by;
you, any of your "employees", "volunteer
workers", any partner or member (if you are
a partnership or joint venture), or any
member (if you are a limited liability
company).
b. Any person (other than your "employee" or
"volunteer worker"), or any organization while
acting as your real estate manager.
c. Any person or organization having proper
temporary custody of your property if you die,
but only:
(1) With respect to liability arising out of the
maintenance or use of that property; and
(2) Until your legal representative has been
appointed.
d. Your legal representative if you die, but only
with respect to duties as such. That
representative will have all your rights and
duties under this Coverage Part.

3. Any organization you newly acquire or form, other
than a partnership, joint venture or limited liability
company, and over which you maintain ownership
or majority interest, will qualify as a Named
Insured if there is no other similar insurance
available to that organization. However:
a. Coverage under this provision is afforded only
until the 90th day after you acquire or form the
organization or the end of the policy period,
whichever is earlier;
b. Coverage A does not apply to "bodily injury" or
"property damage" that occurred before you
acquired or formed the organization; and
c. Coverage B does not apply to "personal and
advertising injury" arising out of an offense
committed before you acquired or formed the
organization.

No person or organization is an insured with respect
to the conduct of any current or past partnership, joint venture or limited liability company that is not shown
as a Named Insured in the Declarations.

SECTION III - LIMITS OF INSURANCE

1. The Limits of Insurance shown in the Declarations
and the rules below fix the most we will pay
regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suits".

2. The General Aggregate Limit is the most we will
pay for the sum of:
a. Medical expenses under Coverage C;
b. Damages under Coverage A, except damages
because of "bodily injury" or "property damage"
included in the "products -completed operations
hazard"; and
c. Damages under Coverage B.

© Insurance Services Office, Inc., 2012 CG 00 01 04 13

3. The Products -Completed Operations Aggregate
Limit is the most we will pay under Coverage A for
damages because of "bodily injury" and "property
damage" included in the "products -completed
operations hazard".

4. Subject to Paragraph 2. above, the Personal And
Advertising Injury Limit is the most we will pay
under Coverage B for the sum of all damages
because of all "personal and advertising injury"
sustained by any one person or organization.

5. Subject to Paragraph 2. or 3. above, whichever
applies, the Each Occurrence Limit is the most we
will pay for the sum of:
a. Damages under Coverage A; and
b. Medical expenses under Coverage C
because of all "bodily injury" and "property
damage" arising out of any one "occurrence".

6. Subject to Paragraph 5. above, the Damage To
Premises Rented To You Limit is the most we will
pay under Coverage A for damages because of
"property damage" to any one premises, while
rented to you, or in the case of damage by fire,
while rented to you or temporarily occupied by you
with permission of the owner.

7. Subject to Paragraph 5. above, the Medical
Expense Limit is the most we will pay under
Coverage C for all medical expenses because of
"bodily injury" sustained by any one person.

The Limits of Insurance of this Coverage Part apply
separately to each consecutive annual period and to
any remaining period of less than 12 months, starting
with the beginning of the policy period shown in the
Declarations, unless the policy period is extended
after issuance for an additional period of less than 12 months. In that case, the additional period will be
deemed part of the last preceding period for purposes
of determining the Limits of Insurance.

SECTION IV - COMMERCIAL GENERAL LIABILITY

CONDITIONS

1. Bankruptcy
Bankruptcy or insolvency of the insured or of the
insured's estate will not relieve us of our
obligations under this Coverage Part.

2. Duties In The Event Of Occurrence, Offense,
Claim Or Suit
a. You must see to it that we are notified as soon
as practicable of an "occurrence" or an offense
which may result in a claim. To the extent
possible, notice should include:
(1) How, when and where the "occurrence" or
offense took place;
(2) The names and addresses of any injured
persons and witnesses; and
(3) The nature and location of any injury or
damage arising out of the "occurrence" or
offense.
b. If a claim is made or "suit" is brought against
any insured, you must:
(1) Immediately record the specifics of the
claim or "suit" and the date received; and
(2) Notify us as soon as practicable.

You must see to it that we receive written
notice of the claim or "suit" as soon as
practicable.
c. You and any other involved insured must:
(1)
Immediately send us copies of any
demands, notices, summonses or legal
papers received in connection with the
claim or "suit";
(2) Authorize us to obtain records and other
information;
Cooperate with us in the investigation or
settlement of the claim or defense against
the "suit"; and
(4) Assist us, upon our request, in the
enforcement of any right against any
person or organization which may be liable
to the insured because of injury or damage
to which this insurance may also apply.
d. No insured will, except at that insured's own
cost, voluntarily make a payment, assume any
obligation, or incur any expense, other than for
first aid, without our consent.

3. Legal Action Against Us
No person or organization has a right under this
Coverage Part:
a. To join us as a party or otherwise bring us into
a "suit" asking for damages from an insured; or
b. To sue us on this Coverage Part unless all of
its terms have been fully complied with.

A person or organization may sue us to recover on
an agreed settlement or on a final judgment
against an insured; but we will not be liable for
damages that are not payable under the terms of
this Coverage Part or that are in excess of the
applicable limit of insurance. An agreed settlement
means a settlement and release of liability signed
by us, the insured and the claimant or the
claimant's legal representative.
(3)
CG 00 01 04 13
© Insurance Services Office, Inc., 2012 Page 11 of 16

4. Other Insurance
If other valid and collectible insurance is available
to the insured for a loss we cover under
Coverages A or B of this Coverage Part, our
obligations are limited as follows:
a. Primary Insurance
This insurance is primary except when
Paragraph b. below applies. If this insurance is
primary, our obligations are not affected unless
any of the other insurance is also primary.

Then, we will share with all that other
insurance by the method described in
Paragraph c. below.
b. Excess Insurance
(1) This insurance is excess over:
(a) Any of the other insurance, whether
primary, excess, contingent or on any
other basis:
(i)
That is Fire, Extended Coverage,
Builder's Risk, Installation Risk or
similar coverage for "your work";
(ii) That is Fire insurance for premises
rented to you or temporarily
occupied by you with permission of
the owner;
(iii) That is insurance purchased by you
to cover your liability as a tenant for
"property damage" to premises
rented to you or temporarily
occupied by you with permission of
the owner; or
(iv) If the loss arises out of the
maintenance or use of aircraft,
"autos" or watercraft to the extent not
subject to Exclusion g. of Section I —
Coverage A — Bodily Injury And
Property Damage Liability.
(b) Any other primary insurance available to
you covering liability for damages
arising out of the premises or
operations, or the products and
completed operations, for which you
have been added as an additional
insured.
(2) When this insurance is excess, we will have
no duty under Coverages A or B to defend
the insured against any "suit" if any other
insurer has a duty to defend the insured
against that "suit". If no other insurer
defends, we will undertake to do so, but we
will be entitled to the insured's rights
against all those other insurers.
(3) When this insurance is excess over other
insurance, we will pay only our share of the
amount of the loss, if any, that exceeds the
sum of:
(a) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(b) The total of all deductible and self -
insured amounts under all that other
insurance.
(4) We will share the remaining loss, if any,
with any other insurance that is not
described in this Excess Insurance
provision and was not bought specifically to
apply in excess of the Limits of Insurance
shown in the Declarations of this Coverage
Part.
c. Method Of Sharing
If all of the other insurance permits contribution
by equal shares, we will follow this method
also. Under this approach each insurer
contributes equal amounts until it has paid its
applicable limit of insurance or none of the loss
remains, whichever comes first.

If any of the other insurance does not permit
contribution by equal shares, we will contribute
by limits. Under this method, each insurer's
share is based on the ratio of its applicable
limit of insurance to the total applicable limits of
insurance of all insurers.

5. Premium Audit
a. We will compute all premiums for this
Coverage Part in accordance with our rules
and rates.
b. Premium shown in this Coverage Part as
advance premium is a deposit premium only.

At the close of each audit period we will
compute the earned premium for that period
and send notice to the first Named Insured.

The due date for audit and retrospective
premiums is the date shown as the due date
on the bill. If the sum of the advance and audit
premiums paid for the policy period is greater
than the earned premium, we will return the
excess to the first Named Insured.
c. The first Named Insured must keep records of
the information we need for premium
computation, and send us copies at such times
as we may request.

6. Representations
By accepting this policy, you agree:
a. The statements in the Declarations are
accurate and complete;

© Insurance Services Office, Inc., 2012 CG 00 01 04 13

b. Those statements are based upon
representations you made to us; and
c. We have issued this policy in reliance upon
your representations.

7. Separation Of Insureds
Except with respect to the Limits of Insurance, and
any rights or duties specifically assigned in this
Coverage Part to the first Named Insured, this
insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom claim
is made or "suit" is brought.

8. Transfer Of Rights Of Recovery Against Others
To Us
If the insured has rights to recover all or part of
any payment we have made under this Coverage
Part, those rights are transferred to us. The
insured must do nothing after loss to impair them.

At our request, the insured will bring "suit" or
transfer those rights to us and help us enforce
them.

9. When We Do Not Renew
If we decide not to renew this Coverage Part, we
will mail or deliver to the first Named Insured
shown in the Declarations written notice of the
nonrenewal not less than 30 days before the
expiration date.

If notice is mailed, proof of mailing will be sufficient proof of notice.

SECTION V - DEFINITIONS

1. "Advertisement" means a notice that is broadcast
or published to the general public or specific
market segments about your goods, products or
services for the purpose of attracting customers or
supporters. For the purposes of this definition:
a. Notices that are published include material
placed on the Internet or on similar electronic
means of communication; and
b. Regarding web sites, only that part of a web
site that is about your goods, products or
services for the purposes of attracting
customers or supporters is considered an
advertisement.

2. "Auto" means:
a. A land motor vehicle, trailer or semitrailer
designed for travel on public roads, including
any attached machinery or equipment; or
b. Any other land vehicle that is subject to a
compulsory or financial responsibility law or
other motor vehicle insurance law where it is
licensed or principally garaged.

However, "auto" does not include "mobile
equipment".

3. "Bodily injury" means bodily injury, sickness or
disease sustained by a person, including death
resulting from any of these at any time.

4. "Coverage territory" means:
a. The United States of America (including its
territories and possessions), Puerto Rico and
Canada;
b. International waters or airspace, but only if the
injury or damage occurs in the course of travel
or transportation between any places included
in Paragraph a. above; or
c. All other parts of the world if the injury or
damage arises out of:
(1) Goods or products made or sold by you in
the territory described in Paragraph a.
above;
(2) The activities of a person whose home is in
the territory described in Paragraph a.
above, but is away for a short time on your
business; or
"Personal and advertising injury" offenses
that take place through the Internet or
similar electronic means of communication;
provided the insured's responsibility to pay
damages is determined in a "suit" on the merits, in
the territory described in Paragraph a. above or in
a settlement we agree to.
(3)

5. "Employee" includes a "leased worker".
"Employee" does not include a "temporary
worker".

6. "Executive officer" means a person holding any of
the officer positions created by your charter,
constitution, bylaws or any other similar governing
document.

7. "Hostile fire" means one which becomes
uncontrollable or breaks out from where it was
intended to be.

8. "Impaired property" means tangible property, other
than "your product" or "your work", that cannot be
used or is less useful because:
a. It incorporates "your product" or "your work"
that is known or thought to be defective,
deficient, inadequate or dangerous; or
b. You have failed to fulfill the terms of a contract
or agreement;
if such property can be restored to use by the
repair, replacement, adjustment or removal of
"your product" or "your work" or your fulfilling the
terms of the contract or agreement.

CG 00 01 04 13
© Insurance Services Office, Inc., 2012 Page 13 of 16

9. "Insured contract" means:
a. A contract for a lease of premises. However,
that portion of the contract for a lease of
premises that indemnifies any person or
organization for damage by fire to premises
while rented to you or temporarily occupied by
you with permission of the owner is not an
"insured contract";
b. A sidetrack agreement;
c. Any easement or license agreement, except in
connection with construction or demolition
operations on or within 50 feet of a railroad;
d. An obligation, as required by ordinance, to
indemnify a municipality, except in connection
with work for a municipality;
e. An elevator maintenance agreement;
f. That part of any other contract or agreement
pertaining to your business (including an
indemnification of a municipality in connection
with work performed for a municipality) under
which you assume the tort liability of another
party to pay for "bodily injury" or "property
damage" to a third person or organization. Tort
liability means a liability that would be imposed
by law in the absence of any contract or
agreement.

Paragraph f. does not include that part of any
contract or agreement:
(1)
That indemnifies a railroad for "bodily injury"
or "property damage" arising out of
construction or demolition operations, within
50 feet of any railroad property and
affecting any railroad bridge or trestle,
tracks, road -beds, tunnel, underpass or
crossing;
(2) That indemnifies an architect, engineer or
surveyor for injury or damage arising out of:
(a) Preparing, approving, or failing to
prepare or approve, maps, shop
drawings, opinions, reports, surveys,
field orders, change orders or drawings
and specifications; or
(b) Giving directions or instructions, or
failing to give them, if that is the primary
cause of the injury or damage; or
Under which the insured, if an architect,
engineer or surveyor, assumes liability for
an injury or damage arising out of the
insured's rendering or failure to render
professional services, including those listed
in (2) above and supervisory, inspection,
architectural or engineering activities.
(3)

10."Leased worker" means a person leased to you by
a labor leasing firm under an agreement between
you and the labor leasing firm, to perform duties
related to the conduct of your business. "Leased
worker" does not include a "temporary worker".

11."Loading or unloading" means the handling of
property:
a. After it is moved from the place where it is
accepted for movement into or onto an aircraft,
watercraft or "auto";
b. While it is in or on an aircraft, watercraft or
"auto"; or
c. While it is being moved from an aircraft,
watercraft or "auto" to the place where it is
finally delivered;
but "loading or unloading" does not include the
movement of property by means of a mechanical
device, other than a hand truck, that is not
attached to the aircraft, watercraft or "auto".

12."Mobile equipment" means any of the following
types of land vehicles, including any attached
machinery or equipment:
a. Bulldozers, farm machinery, forklifts and other
vehicles designed for use principally off public
roads;
b. Vehicles maintained for use solely on or next to
premises you own or rent;
c. Vehicles that travel on crawler treads;
d. Vehicles, whether self-propelled or not,
maintained primarily to provide mobility to
permanently mounted:
(1) Power cranes, shovels, loaders, diggers or
drills; or
(2) Road construction or resurfacing equipment
such as graders, scrapers or rollers;
e. Vehicles not described in Paragraph a., b., c.
or d. above that are not self-propelled and are
maintained primarily to provide mobility to
permanently attached equipment of the
following types:
(1) Air compressors, pumps and generators,
including spraying, welding, building
cleaning, geophysical exploration, lighting
and well servicing equipment; or
(2) Cherry pickers and similar devices used to
raise or lower workers;
f. Vehicles not described in Paragraph a., b., c.
or d. above maintained primarily for purposes
other than the transportation of persons or
cargo.

© Insurance Services Office, Inc., 2012 CG 00 01 04 13

However, self-propelled vehicles with the
following types of permanently attached
equipment are not "mobile equipment" but will
be considered "autos":
(1) Equipment designed primarily for:
(a) Snow removal;
(b) Road maintenance, but not construction
or resurfacing; or
(c) Street cleaning;
(2) Cherry pickers and similar devices mounted
on automobile or truck chassis and used to
raise or lower workers; and
(3) Air compressors, pumps and generators,
including spraying, welding, building
cleaning, geophysical exploration, lighting
and well servicing equipment.

However, "mobile equipment" does not include
any land vehicles that are subject to a compulsory
or financial responsibility law or other motor
vehicle insurance law where it is licensed or
principally garaged. Land vehicles subject to a
compulsory or financial responsibility law or other
motor vehicle insurance law are considered
"autos".

13."Occurrence" means an accident, including
continuous or repeated exposure to substantially
the same general harmful conditions.

14."Personal and advertising injury" means injury,
including consequential "bodily injury", arising out
of one or more of the following offenses:
a. False arrest, detention or imprisonment;
b. Malicious prosecution;
c. The wrongful eviction from, wrongful entry into,
or invasion of the right of private occupancy of
a room, dwelling or premises that a person
occupies, committed by or on behalf of its
owner, landlord or lessor;
d. Oral or written publication, in any manner,
material that slanders or libels a person
organization or disparages a person's
organization's goods, products or services;
e. Oral or written publication, in any manner, of
material that violates a person's right of
privacy;
f. The use of another's advertising idea in your
"advertisement"; or
Infringing upon another's copyright, trade dress
or slogan in your "advertisement".

15."Pollutants" mean any solid, liquid, gaseous or
thermal irritant or contaminant, including smoke,
vapor, soot, fumes, acids, alkalis, chemicals and
waste. Waste includes materials to be recycled,
reconditioned or reclaimed.
g.
of
or
or

16."Products-completed operations hazard":
a. Includes all "bodily injury" and "property
damage" occurring away from premises you
own or rent and arising out of "your product" or
"your work" except:
(1) Products that are still in your physical
possession; or
(2) Work that has not yet been completed or
abandoned. However, "your work" will be
deemed completed at the earliest of the
following times:
(a) When all of the work called for in your
contract has been completed.
(b) When all of the work to be done at the
job site has been completed if your
contract calls for work at more than one
job site.
(c) When that part of the work done at a job
site has been put to its intended use by
any person or organization other than
another contractor or subcontractor
working on the same project.

Work that may need service, maintenance,
correction, repair or replacement, but which
is otherwise complete, will be treated as
completed.
b. Does not include "bodily injury" or "property
damage" arising out of:
(1)
The transportation of property, unless the
injury or damage arises out of a condition in
or on a vehicle not owned or operated by
you, and that condition was created by the
"loading or unloading" of that vehicle by any
insured;
(2) The existence of tools, uninstalled
equipment or abandoned or unused
materials; or
Products or operations for which the
classification, listed in the Declarations or in
a policy Schedule, states that products -
completed operations are subject to the
General Aggregate Limit.

17."Property damage" means:
a. Physical injury to tangible property, including
all resulting loss of use of that property. All
such loss of use shall be deemed to occur at
the time of the physical injury that caused it; or
b. Loss of use of tangible property that is not
physically injured. All such loss of use shall be
deemed to occur at the time of the
"occurrence" that caused it.

For the purposes of this insurance, electronic data
is not tangible property.
(3)
CG 00 01 04 13
© Insurance Services Office, Inc., 2012 Page 15 of 16

As used in this definition, electronic data means
information, facts or programs stored as or on,
created or used on, or transmitted to or from
computer software, including systems and
applications software, hard or floppy disks, CD-
ROMs, tapes, drives, cells, data processing
devices or any other media which are used with
electronically controlled equipment.

18."Suit" means a civil proceeding in which damages
because of "bodily injury", "property damage" or
"personal and advertising injury" to which this
insurance applies are alleged. "Suit" includes:
a. An arbitration proceeding in which such
damages are claimed and to which the insured
must submit or does submit with our consent;
or
b. Any other alternative dispute resolution
proceeding in which such damages are
claimed and to which the insured submits with
our consent.

19. "Temporary worker" means a person who is
furnished to you to substitute for a permanent
"employee" on leave or to meet seasonal or short-
term workload conditions.

20."Volunteer worker" means a person who is not
your "employee", and who donates his or her work
and acts at the direction of and within the scope of
duties determined by you, and is not paid a fee,
salary or other compensation by you or anyone
else for their work performed for you.

21."Your product":
a. Means:
(1) Any goods or products, other than real
property, manufactured, sold, handled,
distributed or disposed of by:
(a) You;
(b) Others trading under your name; or
(c) A person or organization whose
business or assets you have acquired;
and
(2) Containers (other than vehicles), materials,
parts or equipment furnished in connection
with such goods or products.
b. Includes:
(1)
Warranties or representations made at any
time with respect to the fitness, quality,
durability, performance or use of "your
product"; and
(2) The providing of or failure to provide
warnings or instructions.
c. Does not include vending machines or other
property rented to or located for the use of
others but not sold.

22."Your work":
a. Means:
(1) Work or operations performed by you or on
your behalf; and
(2) Materials, parts or equipment furnished in
connection with such work or operations.
b. Includes:
(1) Warranties or representations made at any
time with respect to the fitness, quality,
durability, performance or use of "your
work"; and
(2) The providing of or failure to provide
warnings or instructions.

© Insurance Services Office, Inc., 2012 CG 00 01 04 13

COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

GENERAL LIABILITY ELITE EXTENSION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE FORM
The COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended to include the following clarifications and extensions of coverage. The provisions of the Coverage Form apply unless modified by endorsement.

A. EXPECTED OR INTENDED INJURY
Section I — Coverage A, Exclusion a. is amended
as follows:
a. "Bodily injury" or "property damage" expected
or intended from the standpoint of an insured.

This exclusion does not apply to "bodily injury"
or "property damage" resulting from the use of
reasonable force to protect persons or property.

B. NON -OWNED WATERCRAFT
Section I — Coverage A, Exclusion g.(2) is
amended as follows:
(2) A watercraft you do not own that is:
(a) Less than 60 feet long; and
(b) Not being used to carry person(s) or
property for a charge;
C. EXTENDED PROPERTY DAMAGE COVERAGE
Section I — Coverage A, Exclusions j.(3) and (4) is
amended to add the following:

Paragraphs (3) and (4) of this exclusion do not
apply to tools or equipment loaned to you, provided
they are not being used to perform operations at
the time of loss.

SCHEDULE
Limits Of Insurance
Deductible
$5,000 Each Occurrence
$250 Per Claim
$10,000 Annual Agcrecate
a. The each occurrence limit listed above is the
most we will pay for all damages because of
"property damage" to property in the care,
custody and control of or property loaned to an
insured as the result of any one "occurrence",
regardless of the number of:
(1) insureds;
(2) claims made or "suits" brought;
(3) persons or organizations making claims or
bringing "suits".

The aggregate limit listed above is the most we will
pay for all damages because of "property damage"
to property in the care custody and control of or
property loaned to an insured during the policy
period.

Any payment we make for damages because of
"property damage" to property in the care, custody
and control of or property loaned to an insured will
apply against the General Aggregate Limit shown in
the declarations.
b. Our obligation to pay damages on your behalf
applies only to the amount of damages in
excess of the deductible amount listed above.

We may pay any part or all of the deductible
amount listed above. We may pay any part or
all of the deductible amount to effect settlement
of any claim or "suit" and upon notification by
us, you will promptly reimburse us for that part
of the deductible we paid.
c. If two or more coverages apply under one
"occurrence", only the highest per claim
deductible applicable to these coverages will
apply.
d. Insurance provided by this provision is excess
over any other insurance, whether primary,
excess, contingent or any other basis. Since
insurance provided by this endorsement is
excess, we will have no duty to defend any
claim or "suit" to which insurance provided by
this endorsement applies if any other insurer
has a duty to defend such a claim or "suit". If
no other insurer defends, we will undertake to
do so, but we will be entitled to the insured's
rights against all those other insurers.

D. PROPERTY DAMAGE — ELEVATORS
Section I — Coverage A.2. Exclusions paragraphs
j.(3), j.(4), j.(6) and k. do not apply to use of
elevators. This insurance afforded by this provision
is excess over any valid and collectible property
insurance (including any deductible) available to
the insured and Section IV — Commercial General
Liability Conditions Paragraph 4. Other
Insurance is changed accordingly.

CG7578(2-19)
Includes copyrighted material of ISO Properties, Inc. with its permission. Page 1 of 6

E. FIRE, LIGHTNING OR EXPLOSION DAMAGE
Except where it is used in the term "hostile fire", the word fire includes fire, lightning or explosion wherever it appears in the Coverage Form.

Under Section I — Coverage A, the last paragraph
(after the exclusions) is replaced with the following:

Exclusions c. through n. do not apply to damage by
fire, smoke or leakage from automatic fire protection
systems to premises while rented to you or
temporarily occupied by you with permission of the
owner. A separate limit of insurance applies to this
coverage as described in Section III — Limits of
Insurance.

F. MEDICAL PAYMENTS
If Section I — Coverage C. Medical Payments
Coverage is not otherwise excluded from this
Coverage Form:

The requirement, in the Insuring Agreement of
Coverage C., that expenses must be incurred and
reported to us within one year of the accident date is
changed to three years.

G. SUPPLEMENTARY PAYMENTS
Supplementary Payments — Coverages A and B
Paragraphs 1.b. and 1.d. are replaced by the
following:

1.b. Up to $5,000 for cost of bail bonds required
because of accidents or traffic law violations
arising out of the use of any vehicle to which the
Bodily Injury Liability Coverage applies. We do
not have to furnish these bonds.

1.d.All reasonable expenses incurred by the insured
at our request to assist us in the investigation or
defense of the claim or "suit", including actual
loss of earnings up to $500 a day because of
time off from work.

H. SUBSIDIARIES AS INSUREDS
Section II — Who Is An Insured is amended to add
the following:

1.f. Any legally incorporated subsidiary in which you
own more than 50% of the voting stock on the
effective date of this policy. However, insured
does not include any subsidiary that is an insured
under any other general liability policy, or would
have been an insured under such a policy but for
termination of that policy or the exhaustion of that
policy's limits of liability.

I. BLANKET ADDITIONAL INSUREDS - AS

REQUIRED BY CONTRACT

1. Section II — Who Is An Insured is amended to
include as an additional insured any person(s) or
organization(s) subject to provisions in Paragraph

2. below, (hereinafter referred to as additional
insured) when you and such person(s) or
organization(s) have agreed in a written contract
or written agreement that such person(s) or
organization(s) be added as an additional insured
on your policy provided that the written contract or
agreement is:
a. Currently in effect or becomes effective
during the policy period; and
b. Executed prior to an "occurrence" or
offense to which this insurance would
apply.

However, the insurance afforded to such
additional insured:
a. Only applies to the extent permitted by law;
and
b. Will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured; and
c. Applies only if the person or organization is
not specifically named as an additional
insured under any other provision of, or
endorsement added to, Section H — Who
Is An Insured of this policy.

2. As provided herein, the insurance coverage
provided to such additional insureds is limited
to:
a. Any Controlling Interest, but only with
respect to their liability arising out of their
financial control of you; or premises they
own, maintain, or control while you lease or
occupy these premises.

This insurance does not apply to structural
alterations, new construction and
demolition operations performed by or for
that person or organization.
b. Any architect, engineer, or surveyor
engaged by you but only with respect to
liability for "bodily injury", "property
damage" or "personal and advertising
injury" caused, in whole or in part, by your
acts or omissions or the acts or omissions
of those acting on your behalf:
(1) In connection with your premises; or
(2) In the performance of your ongoing
operations.

With respect to the insurance afforded to
these additional insureds, the following
additional exclusion applies:

This insurance does not apply to "bodily
injury", "property damage" or "personal and
advertising injury" arising out of the
rendering of or the failure to render any
professional services by or for you,
including:
(1) The preparing, approving, or failing to
prepare or approve, maps, shop
drawings, opinions, reports, surveys,
field orders, change orders or drawings
and specifications; or
(2) Supervisory, inspection, architectural or
engineering activities.
0G7578(2-19)
Includes copyrighted material of ISO Properties, Inc. with its permission.

This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision, hiring,
employment, training or monitoring of
others by that insured, if the "occurrence"
which caused the "bodily injury" or
"property damage", or the offense which
caused the "personal and advertising
injury", involved the rendering of or the
failure to render any professional services
by or for you.
c. Any manager or lessor of a premises
leased to you, but only with respect to
liability arising out of the ownership,
maintenance or use of that part of a
premises leased to you, subject to the
following additional exclusions:

This insurance does not apply to:
(1) Any "occurrence" which takes place
after you cease to be a tenant in that
premises.
(2) Structural alterations, new construction
or demolition operations performed by
or on behalf of such additional insured.
d. Any state or governmental agency or
subdivision or political subdivision, subject to
the following:
(1) This insurance applies only with respect
to the following hazards for which any
state or governmental agency or
subdivision or political subdivision has
issued a permit or authorization in
connection with premises you own, rent
or control and to which this insurance
applies:
(a) The existence, maintenance, repair,
construction, erection or removal of
advertising signs, awnings,
canopies, cellar entrances, coal
holes, driveways, manholes,
marquees, hoist away openings,
sidewalk vaults, street banners or
decorations and similar exposures;
or
(b) The construction, erection or
removal of elevators; or
(c) The ownership, maintenance or use
of any elevators covered by this
insurance.
(2) This insurance applies only with respect
to operations performed by you or on
your behalf for which any state or
governmental agency or subdivision or
political subdivision has issued a permit
or authorization.

This insurance does not apply to:
(a) "Bodily injury", "property damage" or
"personal and advertising injury"
arising out of operations performed
for the federal government, state or
municipality; or
(b) "Bodily injury" or "property damage"
included within the "products -
completed operations hazard".
e. Any vendor, but only with respect to "bodily
injury" or "property damage" arising out of
"your products" which are distributed or sold
in the regular course of the vendor's
business.

With respect to the insurance afforded to
these vendors, the following additional
exclusions apply:
(1) The insurance afforded any vendor does
not apply to:
(a) "Bodily injury" or "property damage"
for which any vendor is obligated to
pay damages by reason of the
assumption of liability in a contract or
agreement. This exclusion does not
apply to liability for damages that any
vendor would have in the absence of
the contract or agreement;
(b) Any express warranty unauthorized
by you;
(c) Any physical or chemical change in
the product made intentionally by
any vendor;
(d) Repackaging, except when
unpacked solely for the purpose of
inspection, demonstration, testing,
or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the original
container;
(e) Any failure to make such
inspections, adjustments, tests or
servicing as any vendor has
agreed to make or normally
undertakes to make in the usual
course of business, in connection
with the distribution or sale of the
products;
(f) Demonstration, installation,
servicing or repair operations,
except such operations performed
at any vendor's premises in
connection with the sale of the
product;
Products which, after distribution or
sale by you, have been labeled or
relabeled or used as a container,
part or ingredient of any other thing
or substance by or for any vendor;
or
(g)
CG7578(2-19) Includes copyrighted material of ISO Properties, Inc. with its permission.

(h) "Bodily injury" or "property
damage" arising out of the sole
negligence of any vendor for its
own acts or omissions or those of
its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
(i) The exceptions contained in
Subparagraphs (d) or (f); or
(ii) Such inspections, adjustments,
tests or servicing as any
vendor has agreed to make or
normally undertakes to make in
the usual course of business,
in connection with the
distribution or sale of the
products.
(2) This insurance does not apply to any
insured person or organization, from
whom you have acquired such
products, or any ingredient, part or
container, entering into, accompanying
or containing such products.
f. Any Mortgagee, Assignee Or Receiver, but
only with respect to their liability as
mortgagee, assignee, or receiver and
arising out of the ownership, maintenance,
or use of the premises by you.

This insurance does not apply to structural
alterations, new construction and
demolition operations performed by or for
that person or organization.

Any Owners Or Other Interests From
Whom Land Has Been Leased, but only
with respect to liability arising out of the
ownership, maintenance or use of that part
of the land leased to you.

With respect to the insurance afforded to
these additional insureds, the following
additional exclusions apply:
(1) This insurance does not apply to:
(a) Any "occurrence" which takes
place after you cease to lease that
land; or
(b) Structural alterations, new
construction or demolition
operations performed by or on
behalf of such additional insured.
h. Any person or organization from whom you
lease equipment, but only with respect to
liability for "bodily injury", "property
damage" or "personal and advertising
injury" caused, in whole or in part by your
maintenance, operation or use of
equipment leased to you by such person(s)
or organization(s).
g.

A person's or organization's status as an
additional insured under this endorsement
ends when their contract or agreement with
you for such leased equipment ends.

With respect to the insurance afforded to
these additional insureds, this insurance
does not apply to any "occurrence" which
takes place after the equipment lease
expires.
i. Any Owners, Lessees, or Contractors for
whom you are performing operations, but
only with respect to liability for "bodily
injury", "property damage" or "personal and
advertising injury" caused, in whole or in
part, by:
(1) Your acts or omissions; or
(2) The acts or omissions of those acting
on your behalf;
in the performance of your ongoing
operations for the additional insured.

A person's or organization's status as an
additional insured under this endorsement
ends when your operations for that
additional insured are completed.

With respect to the insurance afforded to
these additional insureds, the following
additional exclusions apply:

This insurance does not apply to:
(1) "Bodily injury", "property damage" or
"personal and advertising injury" arising
out of the rendering of, or the failure to
render, any professional architectural,
engineering or surveying services,
including:
(a) The preparing, approving, or failing
to prepare or approve, maps, shop
drawings, opinions, reports, surveys,
field orders, change orders or
drawings and specifications; or
(b) Supervisory, inspection, architectural
or engineering activities.

This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision, hiring,
employment, training or monitoring of
others by that insured, if the "occurrence"
which caused the "bodily injury" or
"property damage", or the offense which
caused the "personal and advertising
injury", involved the rendering of or the
failure to render any professional
architectural, engineering or surveying
services.
(2) "Bodily injury" or "property damage"
occurring after:

CG7578(2-19) Includes copyrighted material of ISO Properties, Inc. with its permission.

(a) All work, including materials, parts
or equipment furnished in
connection with such work, on the
project (other than service,
maintenance or repairs) to be
performed by or on behalf of the
additional insured(s) at the location
of the covered operations has been
completed; or
(b) That portion of "your work" out of
which the injury or damage arises
has been put to its intended use by
any person or organization other
than another contractor or
subcontractor engaged in
performing operations for a
principal as a part of the same
project.
j. Any Grantor of Licenses to you, but only
with respect to their liability as grantor of
licenses to you.

Their status as additional insured under
this endorsement ends when:

1. The license granted to you by such
person(s) or organization(s) expires; or

2. Your license is terminated or revoked
by such person(s) or organization(s)
prior to expiration of the license as
stipulated by the contract or
agreement.
k. Any Grantor of Franchise, but only with
respect to their liability as grantor of a
franchise to you.

I. Any Co-owner of Insured Premises, but
only with respect to their liability as co-
owner of any insured premises.
m. Any Concessionaires Trading Under Your
Name, but only with respect to their liability
as a concessionaire trading under your
name.

3. Any insurance provided to any additional
insured does not apply to "bodily injury",
"property damage" or "personal and advertising
injury" arising out of the sole negligence or
willful misconduct of the additional insured or its
agents, "employees" or any other
representative of the additional insured.

4. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits of Insurance:

If coverage provided to any additional insured
is required by a contract or agreement, the
most we will pay on behalf of the additional
insured is the amount of insurance:
a. Required by the contract or agreement; or
b. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.

J. COVERAGE FOR INJURY TO CO -EMPLOYEES

AND/OR YOUR OTHER VOLUNTEER WORKERS
Section II — Who is an Insured, Paragraph 2.a. (1) is
amended to add the following:
e. Paragraphs (a), (b), and (c) do not apply to your
"employees" or "volunteer workers" with respect
to "bodily injury" to a co -"employee" or other
"volunteer worker".

Damages owed to an injured co -"employee" or
"volunteer worker" will be reduced by any
amount paid or available to the injured co -
"employee" or "volunteer worker" under any
other valid and collectible insurance.

K. HEALTH CARE SERVICE PROFESSIONALS AS

INSUREDS - INCIDENTAL MALPRACTICE
Section II — Who is an Insured, Paragraph 2.a. (1)
(d) is amended as follows:

This provision does not apply to Nurses, Emergency
Medical Technicians, or Paramedics who provide
professional health care services on your behalf.

However this exception does not apply if you are in
the business or occupation of providing any such
professional services.

L. NEWLY FORMED OR ACQUIRED

ORGANIZATIONS
Section II — Who Is An Insured, Paragraph 3.a. is
replaced by the following:

3.a. Coverage under this provision is afforded until
the end of the policy period.

This provision does not apply if newly formed or
acquired organizations coverage is excluded either by
the provisions of the Coverage Form or by
endorsements.

M. DAMAGE TO PREMISES RENTED TO YOU
Section III — Limits of Insurance, Paragraph 6. is
replaced by the following:

Subject to 5.a. above, the Damage To Premises
Rented To You Limit, or $500,000, whichever is
higher, is the most we will pay under Coverage A for
damages because of "property damage" to any one
premises, while rented to you, or in the case of
damage by fire, smoke or leakage from automatic
protection systems, while rented to you or temporarily
occupied by you with permission of the owner.

N. MEDICAL PAYMENTS - INCREASED LIMITS
Section III — Limits of Insurance, Paragraph 7. is
replaced by the following:

7. Subject to Paragraph 5. above, $10,000 is the
Medical Expense Limit we will pay under
Coverage C for all medical expenses because of
"bodily injury" sustained by any one person,
unless the amount shown on the Declarations of
this Coverage Part for Medical Expense Limit
states:
0G7578(2-19)
Includes copyrighted material of ISO Properties, Inc. with its permission. Page 5 of 6

(a) No Coverage; or
(b) $1,000; or
(c) $5,000; or
(d) A limit higher than $10,000.

O. DUTIES IN THE EVENT OF OCCURRENCE,

OFFENSE, CLAIM OR SUIT
Section IV — Commercial General Liability
Conditions Paragraph 2. is amended to add the
following:
e. The requirement in Condition 2.a. that you must
see to it that we are notified as soon as
practicable of an "occurrence" or an offense
which may result in a claim, applies only when the
"occurrence" or offense is known to:
(1) You, if you are an individual or a limited
liability company;
(2) A partner, if you are a partnership;
(3) A member or manager, if you are a limited
liability company;
(4) An "executive officer" or insurance manager,
if you are a corporation; or
(5) A trustee, if you are a trust.
f. The requirement in Condition 2.b. that you must
see to it that we receive notice of a claim or "suit"
as soon as practicable will not be considered
breached unless the breach occurs after such
claim or "suit" is known to:
(1)
(2)
(3)
You, if you are an individual or a limited
liability company;
A partner, if you are a partnership;
A member or manager, if you are a limited
liability company;
(4) An "executive officer" or insurance manager,
if you are a corporation; or
(5) A trustee, if you are a trust.

P. PRIMARY AND NONCONTRIBUTORY

ADDITIONAL INSURED EXTENSION
Section IV — Commercial General Liability
Conditions Paragraph 4. Other Insurance is
amended to add the following:

This insurance is primary to and will not seek
contribution from any other insurance available to an
additional insured under your policy provided that:
(1) The additional insured is a Named Insured under
such other insurance; and
(2) You have agreed in writing in a contract or
agreement that this insurance would be primary
and would not seek contribution from any other
insurance available to the additional insured.

However, if the additional insured has been
added as an additional insured on other policies,
whether primary, excess, contingent or on any
other basis, this insurance is excess over any
other insurance regardless of the written
agreement between you and an additional
insured.

Q. UNINTENTIONAL FAILURE TO DISCLOSE

EXPOSURES
Section IV — Commercial General Liability
Conditions Paragraph 6. Representations is
amended to add the following:

If you unintentionally fail to disclose any exposures
existing at the inception date of your policy, we will not deny coverage under the Coverage Form solely
because of such failure to disclose. However, this
provision does not affect our right to collect additional premium or exercise our right of cancellation or non -
renewal.

This provision does not apply to any known injury
or damage which is excluded under any other
provision of this policy.

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T. LIBERALIZATION
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0G7578(2-19)
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IL7447(5-15)
Includes copyrighted material of ISO Properties, Inc. with its permission. Page 1 of 1

REQUEST FOR PROPOSAL

PROFESSIONAL SERVICES
FOR

AMERICANS WITH DISABILITIES ACT (ADA) SELF -

EVALUATION AND TRANSTION PLAN
Submitted by:

Disability Access Consultants, LLC (DAC)
January 17, 2024
DAC

DISABILITY ACCESS

CONSULTANTS

DC

2.1 Cover Letter
Date:

To:

Re:

DAC Headquarters:

Project Managers:

January 17, 2024
Kyra Tao, Transportation Manager
City of Placentia
Request for Proposal: Professional Consulting Services for Americans with Disabilities Act (ADA) Self -Evaluation and Transition Plan 2862 Olive Highway, Suite D, Oroville, CA 95966
Tim Mahoney, General Manager
[email protected]
Phone: (800) 743-7067
Fax: (530) 533-3001

2.3 Executive Summary
Barbara Thorpe, President
[email protected]
Phone: (800) 743-7067
Fax: (530) 533-3001
Disability Access Consultants, LLC (DAC) understands that the City of Placentia is seeking to enter into a professional services agreement with a qualified and experienced firm to provide a comprehensive Americans with Disabilities Act (ADA) Self -Evaluation and Transition Plan for the City facilities, parks, and parking structures and public rights -of -way. (PROW).

The effort and work for this project will be performed and/or overseen by DAC's Certified Access Specialist (CASp) and proven management team.

As a key component of the development of this plan, DAC will build and update the efforts of the 2009 Plan.

Also, DAC will review the City's programs, services, activities, policies for compliance with the American with Disabilities Act (ADA), State of California Building Codes, Caltrans Standards, federal codes such as Section 504 of the Rehabilitation Act, and civil rights regulations, federal highway and related local regulations. DAC will collaborate with the City and provide best practices to assist the City in the updates of these compliance requirements.

Disability Access Consultants, LLC (DAC) has extensive experience in the evaluation of program and facility accessibility and provides a full continuum of Americans with Disabilities Act (ADA) and accessibility services for public entities, such as the City of Placentia.

Founded as a California company in 1998, DAC has provided services for the past 26 years to assist public entities to comply and implement accessibility requirements in accordance with the ADA, Title 24 of the California Building Code, Section 504 and related federal, state and local disability -related nondiscrimination laws and regulations.

DAC has conducted over 29,000 building inspections, surveyed thousands of parks and playgrounds, over 25,000 thousand miles of public rights -of -way and performed hundreds of programmatic reviews and self -evaluations to study the accessibility of programs, services, activities, events and related areas.

DAC Proposal to the City of Placentia for ADA Consultant Services

DC
DAC has a team of 25 staff, including CASp certified inspectors, dedicated to assisting public entities, such as the City of Placentia, with ADA compliance. DAC has a comprehensive understanding of applicable standards, regulations and requirements under Title II of the ADA, California Building Code and related state accessibility standards.

DAC has successfully completed over 400 similar projects throughout the US over the past 26 years and has a clear understanding of the necessary requirements and deliverables that the City is seeking.

DAC has a clear understanding of the requirements of this RFP and has successfully completed projects in similar size and scope to the City. DAC is currently assisting or has recently completed similar studies for numerous city and county governments, including cities in proximity to the City of Placentia, such as the City of Manhattan Beach, City of Redondo Beach, City of La Canada Flintridge, City of Rolling Hills Estates, City of Lawndale, City of Oceanside, City of Carlsbad, City of San Juan Capistrano, City of La Habra and the City of Fullerton.

To provide for easy management of the transition plan and documentation of compliance efforts, DAC has developed online software called DACTrak. DACTrak is a powerful tool to manage and update the transition plan, project costs and document progress. Custom reports can be printed in a variety of formats. The use of DACTrak provides for a better quality and finished product for easy and cost-effective management of the ADA plans.

Tim Mahoney, General Manager, has the authority to negotiate on behalf of and to contractually bind DAC. DAC has received and reviewed Addendum No. 1 published on January 8, 2024, as well as questions and answers posted by the City on January 3, 2024, January 12, 2024 and January 16, 2024 and has included the information in preparation of our response.

Declarations:

DAC does not use sub -contractors and will be the prime for the contract. DAC will adhere to the requirements of the RFP and the addenda described above.

DAC will not substitute members of your designated team without approval by the City of Placentia staff.

DAC declares there are no conflicts of interest with the City or City staff.

DAC attests that there is no collusion with other proposing firms.

If awarded, DAC will fulfill the indemnification and insurance requirements as part of this RFP.

This proposal is firm for a minimum of one hundred twenty (120) days following the closing date for the receipt of proposals.

Respectfully submitted by Tim Mahoney
DAC Proposal to the City of Placentia for ADA Consultant Services i i

DC
Table of Contents

2.1 COVER LETTER

2.3 EXECUTIVE SUMMARY

TABLE OF CONTENTS III

2.4 PROJECT TEAM ORGANIZATION 1

2.5 RELEVANT EXPERIENCE AND REFERENCES 3

2.6 PROJECT UNDERSTANDING AND APPROACH 8
TASK 2.0: INITIAL INVESTIGATION AND DOCUMENT REVIEW 8
TASK 3.0: FIELD SURVEY AND SELF -EVALUATION 9
TASK 4.0: GIS INTEGRATION 15
TASK 5.0: PUBLIC INVOLVEMENT AND OUTREACH 17
TASK 6.0: PROJECT DATABASE 17
TASK 7.0 PRELIMINARY COST ESTIMATES 17
TASK 8.O FINAL ADA SELF -EVALUATION AND TRANSITION PLAN 17

2.7 SCOPE OF WORK 18
PROJECT MANAGEMENT AND MEETINGS 18
Project Manager 18
Kick -Off Meeting 18
Project Coordination Meetings 18
Progress Reporting 19
Project Management Plan (PMP) 19

2.8 SCHEDULE 19
PRICING PROPOSAL 19

APPENDIX A - SAMPLE SCREEN SHOTS OF DACTRAK ACCESSIBILITY MANAGEMENT

SOFTWARE

APPENIX B - RESUMES OF PROJECT MANAGER AND CASP QUALITY CONTROL

MANAGER
DAC Proposal to the City of Placentia for ADA Consultant Services i i i

DC

2.4 Project Team Organization
DAC has experienced team members who have worked with public entities for successful and on time completion of numerous projects. Necessary staff members have ICC, NPSI, and CASp certification.

A CASp certified Team Leader will be involved with the project and field evaluations. The project team is organized to provide a representation of skills needed to accomplish the project objectives.

In addition, teams that have worked together previously will be assigned to the City Placentia project.

Please see the following descriptions of key team members' qualifications and their assigned roles.

DAC does not use sub -contractors and is the prime for the project.

City of Placentia
City Contacts
Barbara Thorpe
President
Project Manager
Tim Mahoney
General Manager
Srikant Talasila
Director of IT
Michael Boga
CASp-152, ICC
Senior Director of Accessibility Services
Candice Pursch, ICC
Director of Accessibility Services
Field Inspectors (4-6)
Jennie Grover
Director of
Administrative Services
Barbara Thorpe, M.Ed., LOT
DAC President and Project Manager
As DAC Project Manager, Barbara will coordinate activities and schedules and report to the City's Project Manager or designee. Barbara will serve in the leadership role regarding the ADA self - evaluation of programs, services, activities and events along with the review of policies and procedures. The public input process will be coordinated by Barbara in collaboration with the City.

Barbara brings 19 years of experience in public entity administration prior to founding DAC in 1998.

With an additional 26 years of experience with DAC working with school districts, city, town and county governments nationally, Barbara provides unparalleled understanding of the application of the Americans with Disabilities Act and related legislation for accessibility compliance.

In addition to assisting public entities with compliance with the ADA, Barbara has conducted compliance reviews for the California Department of Transportation (Caltrans) and the Department of the Interior to audit for compliance with the ADA, Section 504 of the Rehabilitation Act and related civil rights laws and regulations. Barbara has served as an expert witness for the Department of Justice, Office of the Attorney General. Additionally, Barbara is a licensed occupational therapist.

Barbara served on the Division of State Architect Advisory Board and served as the vice -chair for the DSA Access Compliance Committee. Barbara has successfully spearheaded and completed over 400 public entity self -evaluation and transition plan projects that are similar the City of Placentia's project.

DAC Proposal to the City of Placentia for ADA Consultant Services 1

DC
Michael Boga, B.A. Education, California Certified Access Specialist (CASp #152), ICC Accessibility, Usability and Plans Examiner
Senior Director of Accessibility Services and Quality Control As manager of the production and the field survey teams, Michael brings a unique blend of experience in the building industry along with his understanding of individuals with disabilities to the accessibility team. Michael is a certified accessibility specialist through the International Conference of Building Officials (ICC), certified in Accessibility, Usability and Plans examination and is a California Certified CASp inspector (# 152). Michael has completed the updated DSA courses regarding the California Building Code. Michael has provided numerous staff development sessions to public entities regarding accessibility requirements for facilities, parks and public rights -of -way. If requested, Michael would provide training, assist with plan reviews and review new construction and renovations completed for compliance. Michael has worked on over 400 projects that are similar to the City of Placentia's ADA Self -evaluation and Transition Plan project.

DSA

DIVISION OF THE STATE ARCHITECT
This is to verify that
Michael Boga
Having given satisfactory demonstration of competence of the laws and regulations mandating non -discriminating access to the built environment by persons with disabilities, is hereby granted status as a
Certified Access Specialist
Certification No: CASp-152
Ida A. Clair, AIA
State Architect
Certification Date: September 24, 2009
Expiration Date: September 24. 202,I
Candice Pursch, A.S. Building Inspection Technology, ICC Accessibility, Usability and Plans Examiner, Accessibility Trainer
Director of Accessibility Services
Candice's 19 years of experience with DAC includes accessibility surveys of thousands of public facilities while employed by DAC as an accessibility specialist. Her educational background includes a degree in Building Inspection Technology from Butte College and coursework in Architectural Project Management at California State University with emphasis on construction plans and specifications, construction materials and systems, building codes, construction graphics and architectural design. Candice has completed the updated DSA courses regarding the California Building Code that include CBC Amendments, Plan Review, Accessible Public Housing Regulations, Transient Lodging, Housing and Social Service Enter Establishments. Candice also has International Code Council (ICC) Certification for Accessibility, Usability and Plans Examiner. Candice is a Certified Combination Building Inspector. As a volunteer for Habitat for Humanity, Candice volunteers to help build residential homes. Candice provides oversight of accessibility specialists and performs quality control checks.

DAC Proposal to the City of Placentia for ADA Consultant Services 2

DC
Jennie Grover, B.A. Corporate Communications
Director of Administrative Services
Jennie has worked in administration for DAC for the past 16 years. Jennie draws on her experience in technical writing to provide leadership and management of the production and technical writing team, organizing the completion of technical reports, as well as managing production schedules, staff and timelines. Jennie also organizes the process and procedure for providing opportunities for public input, as well as collecting and compiling the information received into the self -evaluation and transition plan. Jennie also provides training and help desk support for DACTrak users.

Tim Mahoney, B.S.

General Manager
Tim brings twenty-eight years of executive management experience in consulting, IT, manufacturing and the construction industries. Additionally, Tim has provided program development and management for members of professional associations for twenty years. Tim has also assisted in the design and construction of hundreds of ADA, CPSC and ASTM compliant outdoor recreation areas.

As General Manager of DAC, Tim conducts quality assurance project management reviews and helps ensure contract fulfillment. Tim also provides ADA and Section 504 compliance consultation services for public entities, and staff training and development activities for public entities, businesses, and associations.

Srikant Talasila, M.S. Computer and Internet Applications Director, Information Technology
Srikant has worked in DAC's IT Department for the past 16 years and has a total of 25 years in the field of Information Technology, holding a master's degree in Computer Science. Srikant is very proficient in numerous software technologies, including but not limited to all modules of .Net, Java, SQL Server and Oracle. Srikant is also a Microsoft Certified Azure Solutions Architect Expert. Srikant oversees DAC's entire IT department, including infrastructure and applications, as well as managing and overseeing all stages of the development lifecycle for new software. In addition to maintaining existing software, Srikant also ensures that all necessary software updates and version enhancements are completed. Srikant also oversees the maintenance of all hardware and verifies that all reported IT related issues are resolved quickly and efficiently.

In -House Abilities and Experience of the Team
All staff are direct employees of DAC and represent a strong in-house team that has worked together on the majority of our projects. Due to our in-house capabilities, DAC does not have a need to subcontract with other companies or individuals. Having all team members for the project under one roof provides for clearer communication and accountability within the DAC team and between the City and DAC.

Background Checks
All employees of Disability Access Consultants, LLC have background checks from the FBI and DOJ on file with DAC. We have conducted studies for school districts, state and local governments, the Federal Government, Judicial Chambers and Correctional Institutions that require background checks.

2.5 Relevant Experience and References
Company Qualifications
DAC's staff is highly qualified to provide the services requested by the City of Placentia. DAC has provided services to public and private entities for the past 26 years to assist them in enhancing their compliance with the ADA and related state accessibility codes. DAC staff have necessary CASp and ICC certifications and have provided similar services to hundreds of public entities, including cities, counties, towns, school districts, universities and park districts. DAC has also developed DACTrak software, which allows for consistent and efficient data collection in the field and seamless DAC Proposal to the City of Placentia for ADA Consultant Services 3

DAC
processing of data into usable and manageable online reports. DAC proposes to use DACTrak software to provide the requested transition plan services to the City of Placentia.

As our founder, Barbara Thorpe, worked with a public entity for nineteen years as the ADA Coordinator, 504 Coordinator and Director of Planning and Compliance, she has extensive experience working with individuals with disabilities and organizations representing individuals with disabilities.

In addition, she has collaborated with individuals with disabilities and organizations that represent individuals with disabilities in a facilitative manner that has benefited city governments during her work with other municipalities. Barbara and the DAC team members have demonstrated the ability to engage and interact with individuals and organizations to assist with the prioritization, long range planning and implementation of the ADA plan. Barbara would serve as the project manager.

Professional Services Provided by DAC
DAC provides a full continuum of professional services that include, but are not limited to:
• Facility inspections
• Self -evaluations for ADA and Section 504 of the Rehabilitation act • Policy review and development
• Transition plans
• Public rights -of -way surveys
• Consultation
• Accessibility compliance intake and management software — DACTrak • DACTrak training to conduct your own inspections
• Expert witness services
• Plan reviews
• ADA Plan implementation assistance and consultation
• Outdoor developed and recreational areas (pools, parks, trails, camping areas) • NPSI playground safety inspections
• ADA playground inspections
DAC utilizes the appropriate standard(s) for the inspection that may include, but is not limited to:
• ADA 2010 Standards
• California Building Code
• ADA-ABA
• UFAS
• ANSI
• Section 504 of the Rehabilitation Act
• Outdoor developed and recreational standards
• National Playground Safety Institute (NPSI) standards • PROWAG — Federal Public Rights -of -way Guidelines
• Manual on Uniform Traffic Control Devices (MUTCD)
DAC has been assisting several Joint Power Authorities throughout the State of California since 2000 and currently provides updates, consultation, plan reviews and expert witness services. DAC has worked with public entities of all sizes, from a single site to more than 500 sites and over 700 miles of sidewalks and curb ramps.

Members of the DAC team have also served as expert witnesses to assist public entities to defend their current practices and ADA plan. DAC has only served on the side to assist public entities to defend their practices and plan and has never assisted with litigation against a public entity. Our mission statement and philosophy embrace the enhancement and assistance to our clients to build an ADA accessibility plan while documenting previous and current compliance methods.

Our firm stands out in the public entity arena due to proven performance in a wide range of services, from programmatic and policy reviews, facility inspections, transition plans, consultation, plan reviews and expert witness services. We excel at providing a comprehensive assessment of our DAC Proposal to the City of Placentia for ADA Consultant Services 4

DC
clients' current status by preparing a study of all areas related to accessibility in different departments to document ongoing compliance.

DAC has a reputation for being responsive to the client's needs, providing project completion on time within budgets. DAC has a proven track record for comprehensive experience in conducting ADA self -evaluations and transition plans, implementation and related services.

DACTrak - Innovative Tools, Strategies and Best Practices Based on experience and knowledge of the accessibility field and best practices, DAC continues to develop innovative methodologies, easy to use ADA management tools, and proven, successful strategies for evaluating programs, services, activities, events, facilities, parks and public rights -of - way. DACTrak was developed by DAC for the purpose of easy and useful importing and management of the accessibility data collected in the field. DACTrak is interactive online software and is not an enhanced excel spread sheet. The ability to collect, compile, analyze and use report data in a practical format was one of the driving forces to develop the DACTrak intake and management software. Our DAC accessibility management software, DACTrak, provides our clients with a powerful management tool to document compliance, project costs, print custom reports and record progress. DACTrak is not an excel spreadsheet, but actual software that has been developed by our company to assist with the implementation and documentation of the City's ADA plan and provides photographs of as -is site conditions, which has proven to be valuable documentation. Findings and recommendations, in addition to other data are preloaded into the DACTrak software. As DAC owns and licenses the DACTrak software, we can make custom modifications for our clients.

The DACTrak program is accessed through a secure website that is compatible with all current major internet browsers. There is no software program file to download or install on the City's servers or computers in order to access and manage report data on DACTrak. All maintenance and updates to the DACTrak software are performed by DAC's in-house IT Team, therefore there is no burden on the City's IT staff to maintain or administer any software, programs or databases.

The data contained in the database shall be the property of the City when the ADA Transition Plan compilation is complete. DAC proposes that the City use DACTrak to facilitate ongoing monitoring and updating of the final transition plan. If the City chooses not to use the DACTrak online management software, DAC can provide reports to the City in a compatible format such as Excel and PDF.

Client References
DAC has performed hundreds of ADA self -evaluation and transition plans for cities, counties, towns, and park districts nationwide and has worked with approximately 250 public entities in the state of California.

The following are a few recently completed references for scopes of work similar to the City of Placentia that include city and county governments. Numerous other references are available. All DAC staff proposed to provide services to the City of Placentia have worked on all projects listed in their assigned roles.

City of Manhattan Beach
Tim Birthisel, Sr. Civil Engineer
1400 Highland Avenue
Manhattan Beach, CA 90266
Phone: (310) 802-5368
Email: [email protected]
Project Description DAC performed a phased ADA self -
evaluation and transition plan for City facilities, parks and public right-of-way, as well as a review of policies, procedures, programs 5 DAC Proposal to the City of Placentia for ADA Consultant Services

DAC
and services. DAC provided a review of the City's website for accessibility and assisted the City to complete an opportunity for public input. DAC is currently providing on -call compliance consulting.

The City is using DACTrak online accessibility management software to implement the City's transition plan.

Project Start Date: September 2018 Project End Date: current, on -going consultation Project Manager: Barb Thorpe Project Size: $120,000
City of Fullerton
Jose Medina, Associate Engineer I Public Works
Project Design & Construction Division
303 W Commonwealth Ave
Fullerton CA 92832
(Phone) 714-738- 6863
Email: [email protected]
DAC is performing a phased ADA self -evaluation and transition plan for City facilities, parks and public right-of-way, as well as a review of policies, procedures, programs and services. DAC provided a review of the City's website for accessibility and assisted the City to complete an opportunity for public input. The City is using DACTrak online accessibility management software to implement the City's transition plan. DAC also assisting City with a Department of Justice (DOJ) Audit.

Project Start Date: October 2019 Project End Date: current, on -going consultation Project Manager: Barb Thorpe Project Size: $150,000
City of Carlsbad
Ed Garbo
Risk Manager
1635 Faraday Avenue
Carlsbad, CA 92008
Phone: (760) 602-2471
[email protected]
Project name: ADA Self -Evaluation and Transition Plan
• DAC conducted an ADA self -evaluation and transition
plan for City buildings, facilities, and parks.
• DAC has also assisted the City to successfully prepare and respond to a Caltrans audit.
• DAC also assisted the City to perform a self -evaluation of services, policies, programs and practices.
• DAC is providing ongoing, as needed additional consultation such • The City is currently using DACTrak to implement their transition plan. as plans review.
• Project Manager: Barb Thorpe Project Size: $120,000
City of Livermore
Julie Chiu, Community Development, Engineering Division 1052 S Livermore Avenue
Livermore, CA 94550
Phone: (408) 500-5479
Project name: ADA Self -Evaluation and Transition Plan
DAC Proposal to the City of Placentia for ADA Consultant Services 6

DAC
• DAC completed an ADA self -evaluation and transition plan for City buildings, parks and 620 linear miles of public rights -of -way.
• DAC assisted the City to complete their public input
process
• DAC conducted the ADA self -evaluation of programs,
services and activities to determine if any may be
considered discriminatory for individuals with
disabilities and has provide the City with an Executive Summary detailing the results and recommendations.
• The City is currently using DACTrak to implement their transition plan.

Start Date: July 2020 Completion Date:

Current project
Project Manager: Barb Thorpe Project Size: $250,000
Below is a map that illustrates the locations of DAC public entity city clients near to the City of Placentia.
rLa Canada Elinlndge
Red r ch"
'cr -
Garsc
Pales Verdes Estates
cmrta
RPllditg Hills
Rubir:g
Rancho Palos --Verdes
Critical Items for Success
The most critical step in performing a successful assessment project is planning. Verifying facility information, organizing access and confirming contact information prior to the onsite surveys commencing is vital to the success of the project.

Another issue that is critical is the consistency and accuracy of the data gathered during the survey phase. In order to ensure this, DAC has developed DACTrak, which supports accurate and complete data collection. Using the DACTrak software in the field, our surveyors collect data and measurements in a specific order to ensure that elements are not missed. The data and photographs that are collected in the field are processed by our servers against all applicable accessibility codes, which provides our clients with consistent and accurate reports. Since the data collected in the field is automatically uploaded to our processing servers, reports are available to our clients within a short turnaround time, following our multi -step editing and quality control process.

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2.6 Project Understanding and Approach
Task 2.0: Initial Investigation and Document Review
The document review by DAC will include previous plans, as -built drawings, accessibility standards and City regulatory policies related to accessibility. DAC will develop the process, procedure and forms needed to conduct the self -evaluation of the City's programs, activities and services for ADA compliance and compile the findings and recommendations into a City ADA Self -evaluation and Transition plan Executive Summary.

DAC will review the City's 2009 Self -Evaluation Reports, previous compliance efforts and reports, property condition assessment reports, as -built drawings, and any other relevant land development reports.

DAC will develop a master list of City programs, services, and activities; accessibility policies; disability customer service training; communication practices and any additional available information regarding program accessibility. DAC will review appropriate and existing City transition plans, master plans, reports, and programs, as well as meet with City staff to gain insight into the City's facilities and programs in order to identify issues, which may be discriminatory to people with disabilities.

The review will also include City policy and program accessibility, including eligibility requirements, participation requirements, facilities used, transportation, communication, grievance procedures and emergency procedures. DAC will review, analyze and make recommendations based on current or plans. DAC will conduct barrier assessment surveys to collect information on each program and activity. Based on the barrier assessment surveys and policy reviews, DAC will evaluate the access of existing programs and services and provide recommendations where deficiencies are identified.

DAC will provide the City with an Executive Summary report that will summarize the data and findings from the ADA self -evaluation and transition plan for City buildings, parks, parking, programs, communications, and open spaces.

DAC has provided training to hundreds of public entities and is also the selected consultant of the California Joint Powers Insurance Authority (CJPIA) to provide regular training sessions to their members. DAC has also recently provided training to the California Association of Joint Powers Authorities (CAJPA) regarding requirements for compliant websites. In addition to CJPIA members, DAC has provided customized individual training regarding ADA requirements for facilities, public right-of-way, policies, special events, grievances and other related Title II topics.

DAC will assist the City in designating an ADA coordinator and ADA liaisons for relevant City departments and provide training to City staff described in the City's RFP and additional areas.

DAC will also provide a one day training seminar to assist and further educate the ADA coordinator, ADA liaisons and select City staff in the following areas:
• Applicable government code, statutes and regulations; • Procedures and forms to be used for performing field investigations and inspections; • Procedures and forms to conduct Self -Evaluation
• Preparation of ADA Compliance Assessment Reports;
• Using and maintaining the project map
• Monitoring and updating the ADA Self -Evaluation and Transition Plan; • Internal procedures for granting exemptions for City Projects DAC has also provided training courses to many public entities with customized curriculums for the department or staff receiving the training, including:
• Roles and Responsibilities of the ADA Coordinator
• ADA Roles and Responsibilities for Front Line Staff
• ADA Roles and Responsibilities for Executive and Management Staff DAC Proposal to the City of Placentia for ADA Consultant Services 8

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• Maintenance of Accessible Facilities
• Maintenance of Accessible Public Rights -of -Way
DAC has also trained public entity staff to perform their own surveys of public rights -of -way and facilities using the DACTrak software.

Task 3.0: Field Survey and Self -Evaluation
DAC will oversee and conduct the surveys of the interior and exterior areas of each City building, facility, park, parking and public right-of-way identified in the RFP and confirmed at the kickoff meeting.

DAC will prepare reports identifying each physical element within the public areas of each of the City buildings, facilities, recreational areas and public right-of-way that is out of compliance with the ADA and related codes and regulations or otherwise hinders or prevents access to persons with disabilities.

1. Public Rights -of -Way — Phase 1
a. In consultation with the City, DAC will identify which City -owned public rights -of -way, including, but not limited to cross walks, pathways, sidewalks and curb ramps are subject to the requirements of the ADA and perform assessments of all areas within the identified public rights -of -way facilities. The reports prepared from the assessments will include details of all elements surveyed.
b. DAC will conduct barrier assessment surveys with field reviews of the identified public rights -of -way owned by the City of Placentia, as appropriate. The surveys will identify physical barriers in the public rights -of -way that could limit accessibility. The information collected in the field will be compared to the Federal ADA codes as well as applicable state codes and the standard that provides the greater level of accessibility utilized. i. Based on the results of the barrier assessment surveys, DAC will develop access compliance assessment reports issued through our DACTrak online accessibility management software in order to provide the City with comprehensive assessment results. The reports will include:

1. as -is condition measurements and verifications as they relate to ADA access;

2. a detailed barrier description and initial priority order related to relative impact to access;

3. at least one digital photograph for documentation of each barrier;

4. detailed location description identifying the location of the barrier, maps will also be provided for findings where GIS coordinates can be collected for available outdoor findings;

5. a proposed solution to eliminate the barrier; and

6. individual cost estimates for each solution.
c. DAC will provide the City with access to DACTrak, allowing the City's users to generate details reports in multiple formats, including PDF and Excel, as well as map style formats of KML and Shapefile for available exterior areas where GIS coordinates can be collected.

The DACTrak online accessibility management software will provide the City with comprehensive reports for the interior and exterior of each facility. DACTrak also includes tools that will allow the City to plan a schedule of barrier removal, adjust priorities and update the implementation of the transition plan. Many report options are available in DACTrak that can show detailed information for every noncompliant finding along each area of sidewalk, through high level summary reports that can offer a concise synopsis of noncompliant findings by category across all public rights -of -way facilities City-wide.

Estimated costs are available in all reports, however a DACTrak user can choose to generate a report without estimated costs if needed.
d. DAC will survey all City -owned public rights -of -way included as Appendix A and confirmed at the project kick off meeting.

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2. Public Buildings — Phase 2
a. In consultation with the City, DAC will identify which City buildings are subject to the requirements of the ADA, and perform assessments of all interior and exterior elements, including the path of travel as well as common areas throughout City owned and tenant occupied buildings. The reports prepared from the assessments will include details of all elements surveyed.
b. DAC will conduct barrier assessment surveys with field reviews of all City -owned public buildings that provide programs, services or activities to the public, as appropriate. The surveys will identify physical barriers at each facility that could limit accessibility. The information collected in the field will be compared to the Federal ADA codes as well as applicable state codes and the standard that provides the greater level of accessibility utilized.
i. Based on the results of the barrier assessment surveys, DAC will develop access compliance assessment reports issued through our DACTrak online accessibility management software in order to provide the City with comprehensive assessment results. The reports will include:

1. as -is condition measurements and verifications as they relate to ADA access;

2. a detailed barrier description and initial priority order related to relative impact to access;

3. at least one digital photograph for documentation of each barrier;

4. detailed location description identifying the location of the barrier, maps will also be provided for findings where GIS coordinates can be collected for available outdoor findings;

5. a proposed solution to eliminate the barrier; and

6. individual cost estimates for each solution.
c. DAC will provide the City with access to DACTrak, allowing the City's users to generate details reports in multiple formats, including PDF and Excel, as well as map style formats of KML and Shapefile for available exterior areas where GIS coordinates can be collected.

The DACTrak online accessibility management software will provide the City with comprehensive reports for the interior and exterior of each facility. DACTrak also includes tools that will allow the City to plan a schedule of barrier removal, adjust priorities and update the implementation of the transition plan. Many report options are available in DACTrak that can show detailed information for every noncompliant finding in each building, through high level summary reports that can offer a concise synopsis of noncompliant findings by category across all facilities City-wide. Estimated costs are available in all reports, however a DACTrak user can choose to generate a report without estimated costs if needed.
d. DAC will survey all City -owned buildings included in Appendix B included with the RFP and confirmed at the project kick off meeting.

3. Parks and Open Spaces- Phase 3
a. In consultation with the City, DAC will identify which City -owned parks, trails, outdoor facilities and open spaces are subject to the requirements of the ADA and perform assessments of all areas within the recreational facilities. The reports prepared from the assessments will include details of all elements surveyed. b. DAC will conduct barrier assessment surveys with field reviews of all parks, trails, outdoor facilities and open spaces owned by the City of Placentia and included in Appendix C that provide programs, services or activities to the public, as appropriate. The surveys will identify physical barriers at each City -owned parks, trails, outdoor facility and open space that could limit accessibility. The information collected in the field will be compared to the Federal ADA codes as well as applicable state codes and the standard that provides the greater level of accessibility utilized.

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i. Based on the results of the barrier assessment surveys, DAC will develop access compliance assessment reports issued through our DACTrak online accessibility management software in order to provide the City with comprehensive assessment results. The reports will include:

1. as -is condition measurements and verifications as they relate to ADA access;

2. a detailed barrier description and initial priority order related to relative impact to access;

3. at least one digital photograph for documentation of each barrier;

4. detailed location description
identifying the location of the
barrier, maps will also be provided
for findings where GIS coordinates
can be collected for available
outdoor findings;

5. a proposed solution to eliminate the
barrier; and

6. individual cost estimates for each
solution.
c. DAC will provide the City with access to
DACTrak, allowing the City's users to generate
details reports in multiple formats, including PDF and Excel, as well as map style formats of KML and Shapefile for available exterior areas where GIS coordinates can be collected.

The DACTrak online accessibility management software will provide the City with comprehensive reports for the interior and exterior of each facility. DACTrak also includes tools that will allow the City to plan a schedule of barrier removal, adjust priorities and update the implementation of the transition plan. Many report options are available in DACTrak that can show detailed information for every noncompliant finding in each recreational facility, through high level summary reports that can offer a concise synopsis of noncompliant findings by category across all facilities City-wide. Estimated costs are available in all reports, however a DACTrak user can choose to generate a report without estimated costs if needed.
d. DAC will survey all City -owned parks and park facilities included in Appendix C included with the RFP and confirmed at the project kick off meeting.

4. City Programs and Services
As part of Tasks 2.0 and 3.0, DAC will conduct an accessibility review of City programs, services, activities and policies to comply with a core requirement of an ADA Self -Evaluation and Transition Plan.
a. In consultation with the City, DAC will identify which City programs and services are subject to the requirements of the ADA, including but not limited to, classes, workshops, meetings, and events. DAC will perform reviews of program policies, procedures, including but not limited to eligibility requirements, location(s) of services, methods of providing information and procedure for processing requests for accommodations. The information prepared from the programmatic assessments will be included in the self -evaluation and transition plan Executive Summary.
b. DAC will conduct programmatic barrier assessment surveys of City programs and services, as appropriate and available. The reviews will identify programmatic barriers in City programs and services that could limit accessibility or be considered potentially discriminatory.
c. Based on the programmatic barrier assessment surveys, DAC will provide the City with suggestions and recommendations as needed to ensure or enhance compliance in the City's DAC Proposal to the City of Placentia for ADA Consultant Services 11

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programs and services. The findings and recommendations will be included in the ADA Self -evaluation and Transition Plan report.
d. The ADA self -evaluation and transition plan report will identify issues that may limit physical or other access to individuals with disabilities to City Programs and Services. The report will include a feasible solution and cost estimate for eliminating each barrier if applicable.

Most programmatic changes to enhance compliance would have little to no cost associated. e. Although the ADA self -evaluation and transition plan project will focus on Title II, the report will also include a cursory review of the City's employment and recruitment practices related to accessibility and reasonable accommodations.

5. City Webpages
a. While the City did not expressly request this deliverable, DAC would recommend a compliance review of the City's website and web pages.
b. In consultation with the City, DAC will identify which City communications and webpages, including but not limited to, sign-up forms, registration forms and public facing website pages, are subject to the requirements of the ADA. DAC will provide the City with a programmatic review that will identify all communications items that are not compliant or are potentially discriminatory. The City's website will be reviewed for compliance with the standard required for Title II entities, Web Content Accessibility Guidelines (WCAG) 2.1 Level AA.
c. DAC will conduct barrier assessment surveys to review all City public communications and webpages, as appropriate. The surveys will identify accessibility barriers in City communications and webpages as well as potential language or procedures that could be considered discriminatory.
d. DAC will provide the City with a report that includes the findings are recommendations from the reviews of the City's communications and website review. The report will include a synopsis of the comprehensive website review which will be issued separately as a related and referenced report. The report will identify programmatic issues found in public communications and the City's public facing website that limit accessibility.

Detailed Approach for a Successful Pro'ect
In addition to the previous scope of work summary, tasks will also include, but are not limited to the following:

Orientation/Project Meeting and Clarification of Project Scope and Schedule DAC will conduct an initial project kickoff meeting with selected City staff to clarify roles and lines of communication, refine project goals, review the overall project schedule, schedule surveys of City facilities, recreational areas and public rights -of -way and identify key City personnel related to the project scope. To ensure an efficient commencement of the project in order to meet the deadline requirements, the kickoff meeting may be held via teleconference. More specific activities will include:
❑ Information that is needed will be clarified at the initial orientation meeting. The initial meeting will also clarify proposed activities and provide a collaborative framework to discuss project strategies. The project methodology is generally designed to develop a comprehensive plan without placing additional activities and impact upon City staff. ❑ Barbara Thorpe will be designated as the project manager and will also serve as policy and program analyst. She will be the DAC contact for the project and serve as the point of contact for the City. The designated team members that will coordinate the inspection team during the facility reviews will be Michael Boga and Candice Pursch. The management approach will include coordination and assistance from DAC office staff under the direction of Jennie Grover, Director of Administrative Services, Tim Mahoney, General Manager and Candice Pursch, Director of Accessibility Services.

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❑ Specific methodologies and data collection will be clarified. Timelines and benchmarks will be developed. Operational and procedural requirements will be reviewed, such as coordination of schedules, name tags, project dates and other relevant information. DAC staff members wear DAC uniform shirts and have DAC identification badges.
❑ The initial orientation meeting will include an assessment of any previous compliance activities and areas of current or potential litigation. The review of compliance activities and high priority areas will assist with the development of an overall project plan. The review and documentation of prior initiatives will also build a more defensible plan if the City is challenged by litigation. ❑ Project objectives will be clarified and elements that may be unique or of importance for the City will be discussed.
❑ Hours of operation, schedules and City activities by location will be discussed.

Survey of Facilities, Parks and PROW, Software for Transition Plans ❑ DAC will conduct the surveys of the interior and exterior areas of each City building, facility recreational area and public right-of-way identified in the RFP and confirmed at the kickoff meeting.
❑ DAC will prepare reports identifying each physical element within the public areas of each of the City buildings, facilities, recreational areas and public right-of-way that is out of compliance with the ADA and related codes and regulations or otherwise hinders or prevents access to persons with disabilities.
❑ As required by the ADA, the 2010 ADA Standards will be compared with state codes and the standard that provides the greater level of accessibility utilized. As DAC collects actual measurements of as -is field conditions and records all information, data can be reprocessed if codes change without conducting a re -inspection, thus resulting in a significant savings when codes change, and the plan needs to be updated.
❑ DAC will provide the City with DACTrak online accessibility management software for City staff to generate reports in multiple styles and file formats. DACTrak reports will include, but may not be limited to the following:
❑ DAC collects as -built dimensions as they relate to ADA and other relevant code and guideline access;
o Initial prioritizing of non -compliant findings relative to the level of impact to access; o Reference to code or codes defining the barrier to access; o Proposed solution(s) to eliminate the barrier;
o Individual detailed cost estimate for each solution;
o At least one digital photograph of each barrier to access; o Detailed location description, including GIS coordinates for available outdoor areas, to further identify the barrier when available.
❑ Assessments and reports will include a high degree of detail with photographs, code references, cost estimates and GIS information when applicable. The DACTrak software provides the user with the capability to generate reports in multiple formats such as progress reports, additional prioritizations, preset reporting features and other custom reports. The inclusion of photographs showing the as -is condition has proven to be valuable assistance to clients in the formulation of the decisions regarding barrier removal priorities. The DACTrak software provides an easy to use accessibility management platform that exceeds the ability to manage the plan by hard copies and binders. The assessment report of each facility will include cost estimates to correct deficiencies in accordance with the ADA or other applicable federal or state accessibility codes. ❑ Barriers are identified by building, floor or location and given a unique identifier record number to assist with navigation in the accessibility software and location of the finding and recommendation by area and site. Estimated applicable costs will be given by item and element in accordance with industry standards. Costs can be easily adjusted to adhere to any cost estimates the City may utilize.

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❑ Physical access problems that require structural solutions will be documented in the compliance assessment reports that will be used to develop the transition plan. The proposed method for barrier removal will be provided. The transition plan will identify physical barriers that may limit accessibility of the City programs, services or activities for individuals with disabilities. The schedule for removal of barriers and appropriate timelines will be developed in consultation with the City. ❑ Identified barriers and obstacles will be prioritized as discussed in the Scope of Work. Use of the DACTrak software will provide the City with an additional tool to reprioritize items depending upon the unique and ongoing needs of the City and public comments during the public input process. Public and nonpublic areas will be identified, if requested. Employee only areas, for example, are usually given a lower priority for barrier removal. ❑ Detailed findings, inspection intake records and digital photos are recorded during the intake process. Findings are incorporated into the transition/barrier removal plans. Information collected during the survey process is preloaded by DAC into our DACTrak accessibility management software.

The DAC surveys of the public rights -of -way may include, but would not be limited to:

Sidewalks
• Width
• Cross Slope
• Running slope
• Changes in elevation greater than 1/4 inch and changes in elevation that are not beveled up to 1/2 inch
• Any obstructions in the sidewalk that obstruct or narrow the path of travel such as protruding objects and items that narrow the required width
• Street furniture
• Collection of GIS location information and photographs Signalized Intersections
• Crosswalks
• Pedestrian ramps -curb ramps; width, slope, side flares, grooved borders, truncated domes, alignment with the crosswalk
• Accessible pedestrian signals
• Traffic stop bars
DAC uses a comprehensive approach to inspecting public rights - of -way. In order to conduct an assessment of all of the requirements in the PROW, DAC accessibility specialists walk each mile of sidewalk to record manual measurements and
photographs of the field conditions and enter the information into our DACTrak tablet in the field. DAC has found that the use of automated equipment for running slopes on sidewalks, such as ultra -light profilers, do not provide an actual measurement, but only provide a chart showing ranges. In some cases, if a change in level is greater than 1/2 inch, no actual quantifiable information is reported of how much greater the severity. In order to get the actual measurements for the sidewalks, the use of a"profiler" does not provide the measurements needed for items such as vertical clearance and street furniture.

The on -site facility team leader conducts a quality assurance review and contacts the field inspector regarding any items in the report that may need further investigation. The on -site facility team leader completes any necessary edits, and the final quality control editor is notified that the report is ready for the final edit.

Cost estimates are provided by DACTrak and then can be refined by DAC in collaboration with the City. If the City has utilized cost estimates for standard nonaccessible items or elements, then the City's costs can be entered into the DACTrak program.

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As is the case with most public entities, due to the limited City staff availability it is the intent of DAC to conduct the surveys with as little burden on the City staff as possible.

DAC team members will conduct on -site inspections on our DACTrak tablets and export the on -site field conditions for processing by our servers the same day of the inspection while located in the City. Thus, the draft report is ready the same day or at the end of the inspection of the site. Cost estimates are then refined by Michael Boga, Senior Director of Accessibility Services, in collaboration with the City. If the City has utilized cost estimates for standard nonaccessible items or elements, then the City's costs can be entered into the DACTrak program.

The on -site facility team leader conducts a quality assurance review and contacts the field inspector regarding any items in the report that may need further investigation. The on -site facility team leader completes any necessary edits and the final quality control editor is notified that the report is ready for the final edit.

As is the case with most public entities, due to the limited City staff availability it is the intent of DAC to conduct the surveys with as little burden to the City staff as possible.

Task 4.0: GIS Integration
As part of the inspection process and required by the ADA, the 2010 ADA Standards will be compared with state codes and the standard that provides the greater level of accessibility utilized.

As DAC collects actual measurements of as -is field conditions and records all information, data can be reprocessed if codes change without conducting a re -inspection, thus resulting in a significant savings when codes change, and the plan needs to be updated.

DAC will provide the City with DACTrak online accessibility management software for City staff to generate reports in multiple styles and file formats. DACTrak reports will include but may not be limited to as -built dimensions as they relate to the ADA and other relevant code and guideline access, initial prioritizing of noncompliant findings relative to the level of impact to access, reference to accessibility codes, proposed solution(s) to eliminate the barrier, cost estimate for each solution, at least one digital photograph of each barrier to access, and a detailed location description, including GIS coordinates and mapping.

The DACTrak software provides the user with the capability to generate reports in multiple formats such as progress reports, additional prioritizations, preset reporting features and other custom reports. The inclusion of photographs showing the as -is condition has proven to be valuable assistance to clients in the formulation of the decisions regarding barrier removal priorities. The DACTrak software provides an easy -to -use accessibility management platform that exceeds the ability to manage the plan by hard copies and binders. The assessment report of each facility will include cost estimates to correct deficiencies in accordance with the ADA or other applicable federal or state accessibility codes.

Barriers are identified by building, floor or location and given a unique identifier record number to assist with navigation in the accessibility software and location of the finding and recommendation by area and site. Estimated applicable costs will be given by item and element in accordance with industry standards. Costs can be easily adjusted to adhere to any cost estimates the City may utilize.

The proposed method for barrier removal will be provided. The transition plan will identify physical barriers that may limit accessibility of the City programs, services or activities for individuals with disabilities. The schedule for removal of barriers and appropriate timelines will be developed in collaboration with the City. Identified barriers and obstacles will be initially prioritized.

Use of the DACTrak software will provide the City with an additional tool to update prioritizations, budget, implement and monitor barrier removal. DAC uses a comprehensive approach to inspecting public rights -of -way and records actual as -is measurements, not just an indicator of compliant or not compliant. DAC has found that the use of automated equipment for compliance measurements DAC Proposal to the City of Placentia for ADA Consultant Services 15

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of sidewalks does not provide actual comprehensive measurement of areas required to be assessed, such as protruding objects.

DAC team members will conduct onsite inspections on our DACTrak tablets and export the on -site field conditions for processing by our servers the same day of the inspection. An Executive Summary of the entire project will also be provided to the City. DAC will provide the City with access to DACTrak, allowing the City's users to generate details reports in multiple formats, including PDF and Excel, as well as map style formats of KML and Shapefile for available exterior areas where GIS coordinates can be collected.

The DACTrak online accessibility management software will provide the City with comprehensive reports for the interior and exterior of each facility. DACTrak also includes tools that will allow the City to plan a schedule of barrier removal, adjust priorities and update the implementation of the transition plan. Many report options are available in DACTrak that can show detailed information for every noncompliant finding along each area of sidewalk, through high level summary reports that can offer a concise synopsis of noncompliant City-wide findings by category.

Buildings, parks and open space assessments will include an assessment of all interior and exterior elements. The reports prepared from the assessments will include details of all elements surveyed.

DAC will conduct barrier assessment surveys with field reviews of all City -owned public buildings that provide programs, services or activities to the public, as appropriate. The surveys will identify physical barriers at each facility that could limit accessibility. The information collected in the field will be compared to the Federal ADA codes as well as applicable state codes and the standard that provides the greater level of accessibility utilized.

DAC will provide the City with access to DACTrak, allowing the City's users to generate details reports in multiple formats, including PDF and Excel, as well as map style formats of KML and Shapefile for available exterior areas where GIS coordinates can be collected. The DACTrak online accessibility management software will provide the City with comprehensive reports for the interior and exterior of each facility. DACTrak also includes tools that will allow the City to plan a schedule of barrier removal, adjust priorities and update the implementation of the transition plan.

Many report options are available in DACTrak that can show detailed information for every noncompliant finding in each building, through high level summary reports that can offer a concise synopsis of noncompliant findings by category across all facilities City-wide. Estimated costs are available in all reports, however a DACTrak user can choose to generate a report without estimated costs if needed.

Report information for public rights -of -way, buildings and parks will include: as -is condition measurements and verifications as they relate to ADA access, a detailed barrier description and initial priority order related to relative impact to access, at least one digital photograph for documentation of each barrier, detailed location description identifying the location of the barrier, maps will also be provided for findings where GIS coordinates can be collected for available outdoor findings, a proposed solution to eliminate the barrier; and individual cost estimates for each solution. An Executive Summary of the entire project will also be provided to the City that will include the method and process for conducting the self -evaluation and developing the transition plan, as well as an overview of the barriers found in the City's parks and open spaces. All exterior paths of travel, curb ramps, and sidewalks providing access and are adjacent to the facilities will be inspected.

Facility Diagrams and Inventory
DAC will provide the integration of the collected GIS data of the City where applicable, and will include the phases and tasks identified in the RFP. Data will include reference maps, curb ramp condition data and GIS location information. As DAC developed and maintains DACTrak, custom fields can be added. A city-wide reference map will be included with ramp conditions and GIS coordinates. Notes can be added in the DACTrak software.

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Task 5.0: Public Involvement and Outreach
The City is required to provide opportunities for public input into the ADA plan. DAC will recommend and lead a public participation and outreach process that will incorporate the requirements of the ADA. The outreach portion of the self -evaluation and transition plan project will include multiple methods to provide opportunities for public input from members of the community as well as area organizations that provide services to persons with disabilities. The surveys that will be prepared for use in acquiring public input will encourage respondents to describe current accessibility needs and challenges to assist the City in developing accessible programs and facilities. DAC will work with the City to determine the most effective methods to gather input from individuals and groups who would like to participate in the development of the plan. DAC will compile all comments and feedback from public outreach efforts to be incorporated in the final transition plan.

Task 6.0: Project Database
Based on experience and knowledge of the accessibility field and best practices, DAC continues to develop innovative methodologies, easy to use ADA management tools, and proven, successful strategies for evaluating programs, services, activities, events, facilities, parks and public rights -of - way. DACTrak was developed by DAC for the purpose of easy and useful importing and management of the accessibility data collected in the field.

DACTrak is interactive online software and is not an enhanced excel spread sheet. The ability to collect, compile, analyze and use report data in a practical format was one of the driving forces to develop the DACTrak intake and management software. Our DAC accessibility management software, DACTrak, provides our clients with a powerful management tool to document compliance, project costs, print custom reports and record progress. Findings and recommendations, in addition to other data are preloaded into the DACTrak software.

DAC owns and licenses the DACTrak online software which is accessed through a secure website compatible with all current major Windows based internet browsers. There is no software program file to download or install on the City's servers or computers in order to access and manage report data on DACTrak. All maintenance and updates to the DACTrak software are performed by DAC's in-house IT Team, therefore there is no burden on the City's IT staff to maintain or administer any software, programs or databases.

The data contained in the database shall be the property of the City. DAC proposes that the City use DACTrak to facilitate ongoing monitoring and updating of the final transition plan. If the City chooses not to use the DACTrak online management software, DAC can provide reports to the City in a compatible format such as Excel and PDF.

Task 7.0 Preliminary Cost Estimates
DAC via the DACTrak software can provide preliminary cost estimates for each barrier identified in the inspection process. DAC will also collaborate with City staff to determine both local and long- term costing and costing contingencies.

Task 8.0 Final ADA Self -Evaluation and Transition Plan DAC will assist the City to develop a comprehensive ADA Self -evaluation and Transition plan and will include at a minimum a summary of findings of the self -evaluation of facilities, policies, programs, and practices, the recommendations for remedial measures to correct deficiencies and a methodology for prioritizing barrier remediation, cost estimates for recommended remediation measures, assistance with an implementation schedule that includes milestones or measures of achievement for monitoring implementation, recommendations for procedures and forms for monitoring implementation, recommendations for procedures for periodically reviewing and updating the ADA transition plan, recommendations for procedures and forms for performing evaluations of additional barriers, recommendations for procedures and forms for filing requests for accommodation, a list of references and contact information for ADA and accessibility related resources; and identification of the City official(s) with overall responsibility for implementation of DAC Proposal to the City of Placentia for ADA Consultant Services 17

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the plan. DAC will present the draft ADA transition plan and subsequently, the final proposed ADA transition plan findings to City Staff by issuing logins to the DACTrak accessibility management software and conducting and interactive training session via teleconference. DAC can also present the final document to the City Council.

DAC will provide the City with DACTrak online accessibility management software which will allow City staff to review and print standard and custom reports on demand, as well as implement and update the transition plan and schedule of barrier removal overtime. There are no per user seat licenses to access DACTrak, DAC can establish password protected logins to as many City staff as needed. In addition to providing the City with access to DACTrak to view and download reports, DAC can deliver the final self -evaluation and transition plan to the City in multiple formats such as in PDF, Microsoft Excel, KML and ESRI Shapefile for available exterior reports. The Executive Summary will be provided to the City in both Word and PDF formats and can also be printed if requested. If the City chooses not to use DACTrak, all data files and project maps and drawings associated with the self -evaluation report and transition plan will be provided to the City in a mutually agreed format.

All data collected will be property of the City.

DAC will collaborate with the City to assist in the development of a 10 -year CIP budget for accessibility.

2.7 Scope of Work
DAC will complete, at a minimum, the scope of services described in the City's request for proposal.

Project Management and Meetings
Project Manager
Barbara Thorpe will be designated as the project manager for this project and will manage and coordinate DAC's services and deliverables to the City.

Kick -Off Meeting
DAC will conduct an initial project kickoff meeting with selected City staff and provide a project management plan.

The kick-off will clarify roles and lines of communication, refine project goals, review the overall project schedule scope and schedule surveys of City facilities, recreational areas and public rights - of -way. The kick-off meeting will also identify key City and DAC personnel related to the project scope. The City's project Manager and project team will be formally introduced at the kick-off meeting. Information that is needed will be clarified at the initial orientation meeting.

Project Coordination Meetings
DAC will organize multiple meetings with City staff to complete the project requirements. DAC will collaborate and determine optimal number of project coordination meetings with the City that will be completed during the project. These meetings will include the preparation of meeting agendas and distribution of meeting minutes. Progress and Project meetings, agendas, and monthly status meeting schedule will be generated by DAC.

At a minimum DAC shall plan to attend at least three status meetings with City staff. A kick-off meeting, interim progress meeting and a final completions meeting shall be held at a minimum, in addition to any required site visits and City staff meetings needed for self -evaluation investigations and document research. The Consultant shall also plan to attend and present the ADA Transition Plan to the City Councill at a public City Council meeting.

Barbara Thorpe will be designated as the project manager and will also serve as policy and program analyst. She will be the DAC contact for the project and serve as the point of contact for the City.

The designated team members that will coordinate the inspection team during the facility reviews will be Michael Boga, Senior Director of Accessibility Services, and Candice Pursch, Director of Accessibility Services. The management approach will include coordination and assistance from DAC DAC Proposal to the City of Placentia for ADA Consultant Services 18

office staff under the direction of Jennie Grover, Director of Administrative Services, and Tim Mahoney, General Manager.

Progress Reporting
DAC will provide monthly progress reports to designated City staff members to provide an overview of the progress, milestones, next steps and remaining items to be completed. Progress reports will accompany monthly invoices.

Project Manacement Plan (PMP)
A project management plan (PMP) will be provided by DAC at the project kick-off meeting. The PMP will include, but not be limited to:
• Introduction: background, objectives, approach, project overview • Project Organization: key personnel, project manager, and discipline leaders' responsibilities and contact information
• Scope of services & contract document: scope, approach, prime contract, and subcontract documents
• Project design procedures: design standards and criteria, report and drawing list, specification list, design reviews
• Project administrative procedures: filing system, communication protocol, etc. • Project budget, fee schedule and invoicing formats
• Prevailing wage rates (if applicable)
• City's RFP
• DAC's proposal
• Professional Services Agreement
• Any other related project information

2.8 Schedule
Based on experience with similar projects, it is estimated that the project completion time will be within 12 months.

Scope of Service —Activity or Task
Months
2 3
4 5
6 7
8 9
10 11
12 DAC kickoff meeting; survey methodologies,
deliverables and schedule confirmation.

Project planning, survey and activity
schedulinc, procedures review
Surveys of City buildings, recreational
facilities and public rights -of -way
Opportunities for public input
Review of policies and procedures; analysis
of existing plan
Draft self -evaluation of services, policies,
programs and practices for City review
r
Transition plan project database and
accessibility reports prepared for City
DACTrak software presented to City and
logins created, training on use of DACTrak
to implement the transition plan
Deliverables completed and provided to the
City
__]
Pricing Proposal
Per the requirements of the RFP, the pricing proposal is provided in a separate document to the City.

DAC Proposal to the City of Placentia for ADA Consultant Services 19 Appendix A — Sample Screen Shots of DACTrak Accessibility Management Software In addition to the photographs included throughout our proposal, we are also providing additional sample screen shots generated from the DACTrak accessibility management online software program prepared for several public entity clients.

DAC
Clients:

Reports Tools
City of Downey
Projects:

Facilities and Parks v
Apollo Park
Barbara J Riley Community Center
Brookshire Childrens Park
Chamber of Commerce
City Hail
Crawford Park
Dennis The Menace Park
Discovery Sports Complex Park
Downey Civic Theatre
Furman Park
Gary P. McCaughan Gymnasium
12544 Rives Avenue
Downey, CA 90242
7810 Quill Drive
Downey, CA 90240
12520 Brookshire Avenue
Downey, CA 90240
11131 Brookshire Avenue
Downey, CA 90240
11111 Brookshire Avenue
Downey, CA 90240
7000 Dinwiddie Street
Downey, CA 90240
9125 Arrington Avenue
Downey, CA 90240
12400 Columbia Way
Downey, CA 90242
8435 Firestone Boulevard
Downey, CA 90240
10419 Rives Avenue
Downey, CA 90241
12544 Reves Avenue
Downey, CA 90242
DAC
Reports
Tools
Clients:

City of Downey
Apollo Park
Barbara J Riley Community Center
Brookshire Childrens Park
Chamber of Commerce
City Hail
Crawford Park
Dennis The Menace Park
Discovery Sports Complex Park
Downey Civic Theatre
Furman Park
Gary P. McCaughan Gymnasium
Golden Park
Independence Park
Parking Structure
Police Department
Public Works Maintenance Yard
Public Works Utility Yard
Rio Hondo Golf Course
Excel Report
PDF Report
KML Report
Shape File Report
Text Report
Basic Photo Report
Dual Photo Report
Summary Report
Transition Plan Report
Total Unit Cost Report
Corrected Items Report
Map Overlay
Summary and Chart Report
Compliance Debil Report
84 Dc
19 Dc
12 Dc
88 Dc
12 Dc
2n
Dc
19 Dc
12 Dc
92 Dc
19 Downey, CA 90240
Projects:

Facilities and Parks
44 Rives Avenue
wney, CA 90242
10 Quill Drive
wney, CA 90240
20 Brookshire Avenue
wney, CA 90240
131 Brookshire Avenue
wney, CA 90240
111 Brookshire Avenue
wney, CA 90240
o Dinwiddie Street
wney, CA 90240
5 Arrington Avenue
wney, CA 90240
Excel Report
Total Estimated Cost Report
PDF Report
KML Report
Shape Fie Report
Text Report
Dual Photo Report
Transition Plan Report
Map Overlay Report
Summary and Chart Report
Compliance Detail Report
Compliance Summary Report
Intake Type Summary Report
Sidewalk Change in Elevation Report
Compliant Items Report
Upon logging in to
the secure
DACTrak website,
you are able to
choose the facility
you would like to
view and manage.

This screen shot is
an example of a
facility list for a
recent public entity
transition plan
project.

After choosing a
facility, you are
able to use
Reports drop
down menu to
choose which
report style to
view. You may
also choose to
view multiple
facilities in one
report.

DAC Proposal to the City of Placentia for ADA Consultant Services Appendix

The Single Finding and Dual Finding Photo Reports may be exported to an Excel workbook for easy management of the transition plan data. The Excel workbook exports into a pre -formatted table with the filter function atop each data column. The report is a fully functioning Excel spreadsheet that may be sorted, filtered and manipulated by the user. The column for Picture identification numbers includes cells that are live links to the second tab of the workbook which contains report photos. Clicking the cell for a particular report finding will bring up the associated picture on the Photos tab.
.w rlers Mt$M P. ley. rere4, 0. Par. W. X.

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aaPt•.R 5 Mum. F.
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lilt
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ti
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c
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23.3 1135]
LLa
Me
u umc
ION
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If Me
17 LIM.
. 1113 Parklry .. r.
ni, r 04
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helUnd Fawn
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[eneetAtxtSrnle spate Parkr!{SPate slap.
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taupe Sane
we[ aaFaaaN 4rara
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lwFtq FranF,aanWate1e
arann Fan.era a4.aaainN
IFO
m Park, U.:0
kk,ekl En.

Wsk VFF.P...Tr.a.tn.W4
S.. to FMfr.. Ft... wa4tPry Valeng UFa Cr. SM.
o
PaMri loofa Flats
cnarya rn la..i
PUP, or Pleas Obrnrin
Wm..h r ..I. Wel vu,,r Yr...,
WayM .ar[rwLka
Prsay 5.e.Pe
City HaII
Parking : Parking Space Length
Parking Lot Next To Police Department
Center Accessible Space
Finding
The accessible parking space does not meet
the minimum requirement For length.

On -Site Finding 196.00 inches
Recommendation
Re -stripe the accessible parking space.

Recommendation At [east 216-00 inches
Estimated Cost
Re -stripe existing parking space $350
Code Reference
Progress
CA 11B- 502.2
Not Set
Four
06/30/2022
Record Number
Progress
Actual Date
Actual Cost
Comments
Assignment
Designated Staff
410258
Not_Started
$0.00
No Comments
Not. Set
Resolution
Priority
Projected Date
Contractor
New Value
0 This screenshot is an example
of a finding page in a Single
Finding Photo Report. This
type of report shows the user
the finding, with accompanying
recommendation to correct the
non -compliant item, the
associated photo, code
reference(s), estimated cost to
remove the barrier, and any
progress that has been added
to update the transition plan.

DAC Proposal to the City of Placentia for ADA Consultant Services Appendix

DAC
Reports Sort and Filter Panel
Users are able to customize the report that is generated by making selections in the drop down menus and choice fields.

DAC
Reports Tools
Basic Photo Report
Please select the filter criteria and click 'Generate Report" to view the Report.

Clients:

Facilities:

Categories:

Key Word:

City of Downey
City Hall
v
All Categories
Accessible Showers
Adaptable Dwelling Units
Aisles
Sort By: O O O O
Priority Category Location Description
Progress:

Projected
Date From:

All
Not Started
In Progress
Completed -
M To:

Projects:

Locations:

Priority:

Resolution:

Actual
Date
From:

Facilities and Parks v
All Locations v
All
1 2
3 All
Corrected
Not Corrected
Not Applicable -
Assignment:

Cost
Responsibility:

To:

Category 1
Category 2
Category 3
All
Landlord/Owner
Tenant
Both
Generate Report
Single Facility PDF Report Options
DACTrak offers users many different styles of reports to view in a PDF file which can be exported from DACTrak and saved offline for viewing, printing or emailing.

PDF Report
Please select the filter criteria and click "Generate PDF" to download the Report.

Clients:

Facilities:

Categories:

Key Word:

City of Downey
City Hall
All Categories
Accessible Showers
Adaptable Dwelling Units
Aisles
Sort By: 0O O O
Priority Category Location Description
Progress:

Projected
Date From:

All
Not Started
In Progress
Completed -
Ell To:

Projects:

Locations:

Priority:

Resolution:

Actual
Date
From:

Facilities and Parks
All Locations v
Ali
1 2
3 All
Corrected
Not Corrected
Not Applicable -
Assignment:

Cost
Responsibility:

To:

All
Category 1
Category 2
Category 3
Ail
Landord/Owner
Tenant
Both
Generate PDF
Include Costing Information in this Report
Please select a type of report from the list below and click on Generate PDF :
()Text Report
O Basic Photo Report
O Dual Photo Report
O Summary Report
OTransition Plan Report
OTotal Unit Cost Report
O Corrected Items Report
DAC Proposal to the City of Placentia for ADA Consultant Services Appendix

DC
Single Facility Excel Report Options
DACTrak also contains options to export reports to an Excel format, which can be customized using the drop down menus and selection fields. The exported Excel report is a fully functioning workbook which can be further manipulated to suit the needs of the user.

Excel Report
Please select the filter criteria and click "Generate Excel" to download the Report.

Clients:

Facilities:

Categories:

Key Word.

City of Downey
City Hall
v
All Categories
Accessible Showers
Adaptable Dwelling Units
Aisles
Sort By: OO O O O
Priority Category Location Description
Progress:

Projected
Date From:

All
Not Started
In Progress
Completed
® To:

Projects:

Locations:

Priority:

Resolution:

Actual
Date
From:

Facilities and Parks
All Locations `••
All
1 2
3 All
Corrected
Not Corrected
Not Applicable
Assignment:

Cost
Responsibility:

To:

All
Category 1
Category 2
Category 3
All
Landlord/Owner
Tenant
Both
Generate Excel
❑ Include Photos in this Report
D Include Costing Information in this Report
Multi Facility Excel Report Options
Excel reports may also be generated to contain findings for more than one facility by using the Multi Facility Report option in DACTrak. This report is able to be customized using the available filter fields. If the user requires a small file size for storage or emailing, the option is available to exclude photos in the generated report.

Multi Facility Excel Report
Please select the filter criteria and click "Generate Report" to view the Report. Press and hold the "Ctrl" button to select multiple facilities.

Clients:

Facilities:

Priority:

Progress:

Projected
Date
From:

File
Type:

City of Downey
Apollo Park
Barbara ] Riley Community Center,
Brookshire Childrens Park
Chamber of Commerce
City Hall
Crawford Park
All
1 2
3 All
Not Started
In Progress
Completed -
To:

O Single O Individual(Zip File)
gm
Projects:

Categories:

Assignment:

Resolution:

Actual Date
From:

Facilities and Parks
Ail Categories
Accessible Showers
Adaptable Dwelling Units
Aisles
Areas of Rescue Assistance
Assembly Areas
u
All
Category 1
Category 2
Category 3 -
All
Corrected
Not Corrected
Not Applicable -
Key Word:

Cost
Responsibility:

To:

All
Landlord/Owner
Tenant
Both
Generate Excel
Include Photos in this Report
DAC Proposal to the City of Placentia for ADA Consultant Services Appendix

DAC
Map Overlay Report
Aerial map reports of non -compliant findings can be viewed in DACTrak. This report plots the locations of the findings on an interactive map. Unique icons identify the different types of findings.

Clients:

Faeilltle`.

Categories:

Key Word:
sort Br:

Progress,
City of Palm Springs
_r
Alejo Road
All c_ategon¢y
J
Prladry
0 Category
0 0
Location Entity
Projects:

Locations:

Priority:
eeooliti0fi:

Sidewalks
•!,
all Locations
Nor
A
2 v
•Assiynnieot:

Generale Report
Drilled Down View of Map Overlay Report
Each icon in the map overlay report is a clickable link that will expand to a pop up window identifying the finding. The individual finding information may also be printed from this feature.

Clients: City of Dow•riey
Faukbes:

Downey Aven.;e - Stewart S Gray Road to Texas Street
MI Categories
0ategories: Rooms
Ad ble Showers
Adaptable Dwelling Units
Key Word
Sort PI,, • Priority • category -.•LO.:a:-:n Geer Me'
All •
Progress' Not Started
In Progress
Projected
Date From:
ed
IA,:

A
Projects: Pubic Rights of
• Locations, All Loeabors
Prionty:

None
3 None
Resolution: Corrected
Not Corre abl
le
Actual
Date
From:

Css gnTe-t
Cast
Responsibility.

To:

None
Category 1
Category 2
Category 3
All
Landlord
Tenant
Both
A
Generate Report
rSIMNS
Map Legend:

Y 0us Stop ® Curb Rainy ® Drake -is Fount ant'
Play Area 8 Pole Stop g Path of Travel In
Ss* -Sart Sick
clangs in level south of Plata resat 3393173'55354.1.1'lat36W Change in level Non !leveled
Prism Finding so, inches
menda:on- Ens,. Thar the charge in elevation is whin the tecommendea vale.

Recommended value- Jp tc 025 inches
Record No-. 0.36
Fishing Pier Intersection ip Parking
6l Trail ©Viewing Area
DAC Proposal to the City of Placentia for ADA Consultant Services Appendix

DAC
Global Progress Editor
Many records are able to be managed and updated with identical information from one screen using the Global Progress Editor. Users choose the records to update and the information that they would like to apply to all chosen records. Once information is entered, the user needs only to click the "Submit" button once to update all chosen records.

Global Progress Editor
Please select the filter rdtena a-.ddick "Generate Report" to view thede`d arc=_s 201.1 die she .c skis ants: I City of Downey
acilibes. (City Hall
categories
All Categories
Accessible Showers
Adaptable Swelling Units
Aisles
Key Word: jjj
Sort 0y: Location
:a[egory ion Description
cription
Progress.

Projected
ate From•
All
Not Started
In Progress
Completed
®To:

I Projects: I Facilities and Parks
Locations: IAll Locations,'I
Pnodty:

Resolution
Actual
Date
From:

All
3 Corrected
Not corrected •
Not Applicable e
Assignment'.

Cost
Responsibility'.

To:

All
Category 1
Category 2
Category 3
All
Landlord/Owner
Tenant
Bath
Generale Rectal
Click the excel loon to export the document Q"
• Ncordber '-ration Element
um De cription
D 323632 3rd Floor Men. Restr°om
Next To Council
Office - Shelf
Projected Actual
Finding Srte DeviationProgress Resolution Pnr RV'ComDatplefionCompletionRespCOrt Contractor0 I Code Reference [inspector Not. Comments �nding e pea Costbffity ? N
The leading edge 0.00
of the Rem Inches
Protrudes into
the circulation
route grearer
than permitted.
+4.00
Inches
In Not Set
Progress
1 6/30/2010
❑ 323663 2nd Floor Mens Restro°m The leading edge 8.25 +4.25 In N ut Set 1 6/30/2010 Credit of the item inches. Progress
union — s inches
protrudes into
the druiation
note greater
than permitted.
❑ 323638 3rd Floor women The leading edge 0.00 +4.00 In Not Set 1 6/30/2010 nestrooni nem of the item inches inches Progress
To Into To Information protrudes into
Technology- the circulation
Shen to greater
man permitted.
❑ 4102431st Flour 1st Floor North The door +6.00 In Not set 2 12/31(2018 Stairwell opening forte for pounds pounds Progress
Entrance- Lever this door is
arenter than
l owed.
❑ 4102391st Boor 1st Floor West The door 12.00
Stairwell opening force for pounds
Entrance - Lever this door is
greater than
allowed.
+7.00 In Not set 2 12/31/2018
Pounds Progress
ABA 307, 007 2, CA
11B-307.2
ADA 307, 307 2, CA
ABA 307, 307 2, CA
11B-307.2
No Comments
No Comments
No Comments
404209 116- No Comments
ABA 909.2, CA 118- No Comments
404.2
Priority Manager
Priority Manger allows users to manage many records on one page, but individually update each record with unique information. Once all selections are made, the user clicks "Submit" to apply all updates.

Priority Manager
Please select the Hiner criteria and dick ^Generate Report" to view the deficiencies you are able to erh Clients:

Facilities:

City of 0021302
City Hall
All Categories
sslble showers
Adaptable Dwelling Units
Aisles
Rey word:

Sort By: On O O O
only category Location Description
Progress:

Projected
Date From•
bet trtes
ProgressIn
Completed
Oro:

Projects:

Priority:

Resolution:

Actual
Date
Facilities and Parks R
An Location:

All
Corrected
Not Corrected
Not Applicable
Assignment:

Cost
Responsibility:

All
Cate, y 2
Category 1
Landlord/Owner
tenant
Both
Generate Report
Click the icon to export to excel :

Select deficiencies from the list below, enter new values, scroll to Me bottom and hit Save. To erase a value, leave the field blank. ■ . b°
L catron Element
umber Description
❑ 323637 3rd Floor Mens Nestroem The leading edge 8.00
Next To Council of the item Inches
Office —Shelf protrudes into
the circulation
route greater
than permitted.
p 323033 2nd Floormens Restroom The leading edge 8.25 .25 Next To Credit of the item inches inchesOnion —Shelf protrudes into the circulation
route greater
than permitted.
❑ 323636 3rd Floor women The leading edge 8.00
Restroom Next of the item inches inches
To Information protrudes into
Technology - the circulation
Shelf route greater
than permitted.
❑ 410243 1st Floor 1st Floor North The door
Stairwell opening force for pounds pounds
Entrance -Levr this door is
greater than
allowed.

Projected Actual Fi iregaated
nding FOinding Deviation Pnarity Assignment Progress Resolution Completion Completion Responsibility Contractor ff Measurement Code Reference
Date Date
Inspector Notes
inches
R NW 23
e e.rna
6/602018
I None
I II 'set ',Ili, g -IlRotsa
61302018
rte
I II Notset
6/302018
la Natset R II E Progress v "or Rat
ADA 367, 307.2, CA
11,307.2
ADA 307, 307.2, cA
ADA 307, 307.2, CA
404.2
DAC Proposal to the City of Placentia for ADA Consultant Services Appendix

D.C
Heat Map
DACTrak also provides an option for viewing locations where there is a high or low concentration of noncompliant findings in a heatmap. The following example shows locations of noncompliant exterior findings at a park, using colored icons. Information about the noncompliant findings can be viewed by clicking on each colored icon to launch an interior window with the descriptions of the findings.

The following two examples are heat maps for a park viewed in DACTrak and a signalized intersection exported to Google Earth.

Map Legend: Fully Compliant Y f� 1-5 Findings IP 6-10 Findings IP 10+ Findings {
College Avenue A Ashby Avenue
Total Numeer of F4ndings = 22
Curb Ramps -southeast Corner of Ashby /'enue rgo 37a50277120595. -122.252959907055 Curb Ramp - Grose Slope
Finding -The Mess slope is greater than allowed.

Onalte Flnoing'- dab percent
Recommendation- Provide a °ampllant curb ramp.

Recommended Value . Up 10 2 U6 percent
Record No_ 22451
nda'xntr�enre &nb 4.]7. CA 1, &xcnsb
Curb Ramps - Southeast Corner of Ashby Avenue g 37 0560777260K -122.252059907065 Deco lable Warnings
Finding -The curb ramp does not provide a delectable warning surface which includes buncated domes.
once Firding.- Not Found
Reccmmendaton- Prbvl da compll ant detectable warnings to suds re_ Recommended Value - See Recommendafion
Record No _-22450
Code Reference' -0004 .7 T, CA�18-406.512
DAC Proposal to the City of Placentia for ADA Consultant Services Appendix

DC
Appendix B - Resumes of Project Manager and CASp Quality Control Manager BARBARA THORPE, DAC President and Project Manager
Americans with Disabilities Act, Section 504 and Related Experience • President of Disability Access Consultants, LLC, a woman founded small business with an extensive history of accessibility compliance consulting since 1998 • Conducted hundreds of Americans with Disabilities Act self -evaluations for public entities, City and County governments, school districts, colleges, universities and outdoor developed areas • Provided consultation regarding access to programs, services and activities to public entities and businesses
• Conducts quality control audits of projects for compliance with the ADA and Section 504 of the Rehabilitation Act including public rights -of -way, facilities and outdoor developed areas • Assisted with the development of thousands of transition/barrier removal plans for public entities regarding facilities and public rights -of -way
• Performed compliance audits for the Department of the Interior • Served as an expert witness for the Department of Justice, public entities and other businesses • Served on advisory boards for disability issues for public entities • Provided consultation to numerous state and local government entities and the federal government regarding ADA and Section 504 compliance
• Assisted with ADA implementation plans and consent decrees for public entities • Provided staff development activities for public entities, businesses and associations Professional Experience
• Occupational Therapist
• Teacher for special needs and persons with disabilities • Program Staffing Specialist
• Administrator for Special Services
• Director of Special Education and Student Services
• Director of Planning and Compliance
• ADA Coordinator, 504 Coordinator and Equity Officer
• Accessibility Consultant
Education
• Colorado State University, Bachelor of Science - Occupational Therapy • University of South Florida, Master's Degree — Administration and Supervision, Educational Leadership
Presentations and Training Sessions
• ADA Litigation Trends for Public Works -Public Works Academy • Parks and Recreation Training for CAPRI Members
• California Association for Park and Recreation Indemnity • California Association of Joint Powers Authorities
• ADA Coordinator's Training for Public Entities
• Roles and Responsibilities for ADA Compliance for Public Entities • Public Works Academy — California Joint Powers Insurance Authority • CJPIA ADA Risks and Litigation
• Indiana Parks and Recreation Association — Annual Conference • Public Entity Risk Management Authority
• City of San Clemente
• Minnesota School Board Association
• California School Board Association
DAC Proposal to the City of Placentia for ADA Consultant Services Appendix

DAC
• Association of Defense Counsel of Northern California and Nevada • Public Agencies Risk Managers Association
• School and College Legal Services
• Council of Public Entity Attorneys
• California Defense Counsel
• McNeese State University, Louisiana
• Louisiana Association of Physical Plant Administrators • California Council of School Attorneys
• San Diego County Office of Education JPA
• Tuolumne Joint Power Authority
• Fairfield County Risk Management Group
• North Bay School Insurance Authority
• California Association for School Housing
• California Association of School Business Officials
• Joint Powers Authorities
• California School Board Association
• School Insurance Authority
• California Risk Management Authority
• Alameda County Facility Planners
• Rental Housing Association
• Western Fairs Association
• Contra Costa County Office of Education
• California Joint Power Insurance Authority
• South Orange County Community College District
Publications
• ADA Changes: Get a Head Start on Pending Accessibility Guidelines: September 2001 - Maintenance Solutions Magazine
• A Gameplan for Access: Strategies and Tactics to help managers develop a successful barrier removal plan for public facilities: March 2003 — Maintenance Solutions Magazine • Accessible Toilet Rooms: June 2006 —American Schools & Health Facilities Publication Boards
• Served on the California Division of the State Architect State Advisory Board • Served as the vice chairperson for the California Division of the State Architect Access Compliance Advisory Committee
• Served on the California Division of State Architect Education and Training Committee Other Activities
• Appointed by the Office of the Independent Monitor regarding Chandra Smith vs. Los Angeles Unified School District Modified Consent Decree
• Appointed as a neutral monitor regarding implementation of a consent decree for a public entity
• Currently assisting with the resolution of an ADA complaints for several City and County Governments
• Currently assisting a public entity to resolve a complaint by the US Department of Justice DAC Proposal to the City of Placentia for ADA Consultant Services Appendix

DC
MICHAEL BOGA, CASp-152, DAC Senior Director of Accessibility Services and Head of Quality Control
Americans with Disabilities Act and Related Experience
• Inspected over two thousand facilities for compliance with federal and state accessibility standards
• Assisted with the development and implementation of transition/barrier removal plans • Provided consultation regarding Title II and Title III accessibility requirements • Performed compliance audits for federal agencies
• Provided accessibility training activities for public entities and businesses • Served as an expert witness for Title II and Title III • Provided numerous training sessions and seminars regarding the requirements of state and federal accessibility standards for Title II and Title III Professional Experience
• Contractor
• Work Training Program Coordinator
• Special Education Teacher
• Accessibility Inspector (1998 to Present)
Certifications and Training
• Certified Accessibility Specialist (Certificate No. CASp-152) • Certified International Council (ICC)
• Accessibility/Usability/Plans Examiner (No. 1108082-21) • Division of State Architect Academy-Accessibility/Plan Review/Fair Housing • Division of the State Architect Academy —CBC Amendments — Accessibility • Division of the State Architect Academy —CBC Amendments — Accessibility • Division of the State Architect Academy — Plan Review • Division of the State Architect Academy — Accessible Public Housing Regulations • Division of the State Architect Academy — Transient Lodging, Housing at a Place of Education and Social Service Center Establishments
• Texas Department of Licensing and Regulation Compliance Division - Texas Accessibility Academy
• Texas Department of Licensing and Regulation Compliance Division — Elimination of Architectural Barriers in the Public Right-of-way
Education
• St. Leo College, Bachelor of Science
Publications
• Articles for Maintenance Solutions Magazine
"Opportunities for Access", March 2004
"Clearing a Path for Access", February 2005
Presentations and Training
• California Association for Park and Recreation Indemnity • Indiana Parks and Recreation Annual Conference
• Public Risk Managers Association
• Council of Public Entity Attorneys
• California Building Authority
• California Joint Powers insurance Authority
DAC Proposal to the City of Placentia for ADA Consultant Services Appendix

DAC
• Alliance of Schools for Cooperative Insurance Programs • Schools Insurance Group
• Schools Insurance Authority
• Tri County Schools Insurance Group
• California School Board Association
• San Diego County Office of Education JPA
• California Council of School Attorneys
• Tuolumne County Joint Powers Authority
• California Association of School Housing
• California Association of School Business Officials
• School and College Legal Services
• Southern California AIA
• Oroville Chamber of Commerce
• Rental Housing Authority
• Western Fairs Association of Defense Counsel of Northern California and Nevada • California Defense Counsel
• Independent Living of Northern California
Other Activities
• Appointed by the Office of the Independent Monitor regarding Chandra Smith vs. Los Angeles Unified School District Modified Consent Decree
• Appointed as a neutral monitor regarding implementation of a consent decree for a public entity
• Currently assisting a public entity with resolution of an ADA complaint • Currently assisting a public entity to resolve a complaint by the US Department of Justice DSA

DIVISION OF TIE STATE ARCHITECT
nrGARTMFNT !,F GENERAL SEA'vi['GE
This is to verify that
Michael Boga
Having given satisfactory demonstration of competence of the laws and regulations mandating non-ciscriminating access to the built environment by persons with disabilities. is hereby granted status as a
Certified Access Specialist
Certification No: CASp-152
Ida A. Clair, AIA
State Architect
Certification Date: September 24, 2009
Expiration Date: September 24, 2024
DAC Proposal to the City of Placentia for ADA Consultant Services Appendix

TO:

VIA:

FROM:

DATE:

Placentia Cit Council

CITY COUNCIL

CITY ADMINISTRATOR

DEPUTY CITY ADMINISTRATOR
MAY 7, 2024

AGENDA REPORT
SUBJECT: APPOINTMENTS TO FILL VACANCIES ON ONE (1) CITY COMMISSION AND THREE (3) CITY COMMITTEES
FISCAL
IMPACT: NONE
SUMMARY:

There are currently six (6) vacancies on the City's ten (10) Commissions and Committees. The City received a total of six (6) applications. To ensure that these advisory bodies can operate effectively and with a full complement of members, Staff recommends City Council consider the actions listed below.

RECOMMENDATION:

It is recommended that the City Council consider the following actions:

1. Make the necessary appointments to fill the vacancies listed below:
a. One (1) vacancy on the Parks, Arts & Recreation Commission for a four-year term b. One (1) vacancy on the Heritage Committee for a non -expiring term c. Two (2) vacancies on the Historical Committee for a non -expiring term d. Two (2) vacancies on the Veterans Committee for a non -expiring term; and

2. Direct Staff to update the City's master Commission and Committee vacancy list; and

3. Continue the Commission and Committee Application/Recruitment process for any remaining vacancies for future consideration of appointments.

DISCUSSION:

The City Clerk's Office received a total of six (6) applications. Attached is a summary of applicants for consideration of appointment to the current vacancies (Attachment 1). At a Special Meeting held on May 7, 2024, the City Council interviewed six (6) applicants for these vacant positions.

Staff recommends the City Council consider appointments to the Parks, Arts & Recreation Commission and the Heritage, Historical and Veterans Committees and continue the recruitment process for any future vacancies.

3.a.

May 7, 2024

City Council Agenda
May 7, 2024