HomeMy WebLinkAboutC-9923-1 - PSA for Annual and On-Call Disability Access EducationM
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PROFESSIONAL SERVICES AGREEMENT
WITH JOHN ROBERT CAPRARELLI DBA ACCESS TOOLKIT
FOR ANNUAL AND ON -CALL DISABILITY ACCESS EDUCATION
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 18th day of June, 2025 ("Effective Date"), by and between the CITY
OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and
JOHN ROBERT CAPRARELLI, a sole proprietor, doing business as ("DBA") ACCESS
TOOLKIT ("Consultant"), whose address is 29758 Castlebury Place, Castaic, CA 91384,
and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide annual, and on -call, disability access
education services ("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
11140kyi
The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 17, 2029, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Consultant shall perform the services described in the Scope of Services
attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work").
Consultant shall perform the Services: (a) pursuant to the yearly schedule of services,
and (b) on -call upon written request from the Project Administrator as defined herein. In
response to a written request to provide on -call Services from the Project Administrator,
Consultant shall provide a letter proposal for on -call Services as requested by the City
(hereinafter referred to as the "Letter Proposal"). The Letter Proposal shall include the
following:
2.1.1 A detailed description of the on -call Services to be provided;
2.1.2 The position of each person to be assigned to perform the on -call
Services, and the name of the individuals to be assigned, if available;
2.1.3 The estimated number of hours and cost to complete the on -call
Services; and
2.1.4 The time needed to finish the specific project.
2.2 No on -call Services shall be provided until the Project Administrator has
provided written acceptance of the Letter Proposal. Once authorized to proceed,
Consultant shall diligently perform the on -call Services in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A, and for on -call Services, the Letter Proposal. In the absence of a specific
schedule, the Services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, and the
Letter Proposal, if any, or perform the Services in a diligent and timely manner may result
in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant a fixed fee for the annual Services, and shall pay
Consultant on a time and expense not -to -exceed basis for the on -call Services, in
accordance with the provisions of this Section, the Letter Proposal, if any, and the
Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by
reference. Consultant's compensation for all Work performed in accordance with this
Agreement, including the annual services, on -call services, and all reimbursable items
and subconsultant fees, shall not exceed Sixty Two Thousand Five Hundred Eighty
Dollars and 00/100 ($62,580.00), without prior written authorization from City. No billing
rate changes shall be made during the term of this Agreement without the prior written
approval of City.
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4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement, the Letter Proposal, if any, or specifically
approved in writing in advance by City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B, and for on -call Services, the Letter
Proposal.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated John Caprarelli to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Community Development Department.
City's Deputy Community Development Director/Chief Building Official or designee shall
be the Project Administrator and shall have the authority to act for City under this
Agreement. The Project Administrator shall represent City in all matters pertaining to the
Services to be rendered pursuant to this Agreement.
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7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate
(directly or indirectly) to any breach of the terms and conditions of this Agreement, any
Work performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Consultant's presence or activities conducted on
the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions
of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable, or any or all of them).
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9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
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15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A, and for on -call Services, the Letter Proposal. Consultant shall be
fully responsible to City for all acts and omissions of any subcontractor. Nothing in this
Agreement shall create any contractual relationship between City and any subcontractor
nor shall it create any obligation on the part of City to pay or to see to the payment of any
monies due to any such subcontractor other than as otherwise required by law. City is
an intended beneficiary of any Work performed by the subcontractor for purposes of
establishing a duty of care between the subcontractor and City. Except as specifically
authorized herein, the Services to be provided under this Agreement shall not be
otherwise assigned, transferred, contracted or subcontracted out without the prior written
approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
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17.3 All written documents shall be transmitted to City in formats compatible with
Microsoft Office and/or viewable with Adobe Acrobat.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
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23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Deputy Community Development Director/Chief Building Official
Community Development Department
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: John Caprarelli
John Robert Caprarelli dba Access Toolkit
Post Office Box 800245
Santa Clarita, CA 91380
26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Consultant's
acceptance of the final payment shall constitute a waiver of all claims for compensation
John Robert Caprarelli dba Access Toolkit Page 8
under or arising out of this Agreement except those previously made in writing and
identified by Consultant in writing as unsettled at the time of its final request for payment.
Consultant and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Consultant shall be required to file any claim Consultant may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
28.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
28.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
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28.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
28.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
28.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By:
a n C. Harp �S
City Attorney
CITY OF NEWPORT BEACH,
a California�7134PZF
al ration
Date:
By: 14M64M42 L-4
Seimone Jurjis
Assistant City Manager
ATTEST: CONSULTANT: JOHN ROBERT
Date: %' CAPRARELLI, a sole proprietor, doing
P(c))� business a/sue("DBA") ACCESS TOOLKIT
T Date:
Molly Perry = - 5n Caprarelli
Interim City Cle cq<r�u��°' Sole Proprietor
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
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EXHIBIT A
SCOPE OF SERVICES
John Robert Caprarelli dba Access Toolkit Page A-1
Scope of Services
DISABLED ACCESS TECHNICAL TRAINING
Access Toolkit trainings are designed to give attendees a practical understanding of disabled access
regulations through detailed illustrations, photos, animations, and examples. The trainings include
answers to the tough disabled access questions and information that will help attendees navigate
complex real -world situations.
Access Toolkit offers in -person and online training courses which are approved by the International
Code Council for Continuing Education Units (CEUs).
Accessibility for Public Buildings, Public Accommodations, and Commercial Facilities
Access Toolkit provides in-depth accessibility training on federal and state laws and regulations
pertaining to accessibility for public buildings, public accommodations, and commercial facilities.
This training focuses primarily on California Building Code (CBC) Chapter 11B. This course includes:
• A study of the history of federal and California accessibility regulations pertaining to public
buildings, public accommodations, commercial facilities, and public housing
• A review of the Americans with Disabilities Act (ADA)
A detailed study of the 2022 California Building Code (CBC) accessibility provisions for public
buildings, public accommodations, commercial facilities, and public housing (primarily CBC
Chapter 11B)
ICC Course # 32770, 32771, 33437, and 33438
Accessibility for Public Housing
Access Toolkit provides in-depth accessibility training on federal and state laws and regulations
pertaining to privately -funded multifamily housing. This training focuses primarily on California
Building Code (CBC) Chapter 11B. This training includes:
• A study of the history of federal and California accessibility regulations pertaining to public
housing developments
• A review of the Americans with Disabilities Act (ADA) and Fair Housing Act (FHA) as they
pertain to accessibility for public housing developments
• A detailed study of the 2022 California Building Code (CBC) accessibility provisions for
privately funded multifamily developments (primarily CBC Chapter 11B), and the DSA Guide
to Public Housing.
Accessibility for Privately -Funded Multifamily Housing
Access Toolkit provides in-depth accessibility training on federal and state laws and regulations
pertaining to public housing. This training focuses primarily on California Building Code (CBC)
Chapter 11A. This training includes:
• A study of the history of federal and California accessibility regulations pertaining to privately
funded multifamily developments
• A review of the Fair Housing Act (FHA) as it pertains to accessibility for privately funded
multifamily developments
ACCESS TOOLKIT
PO BOX 800245, SANTA CLARITA, CA 91380 Page 1
661-857-2742, john@accesstoolkit coin
• A detailed study of the 2022 California Building Code (CBC) accessibility provisions for
privately funded multifamily developments (primarily CBC Chapter 11A)
ICC Course # 32747, 38173, and 32748
Accessibility for the Public Right -of -Way
Access Toolkit provides training focused on accessibility in the public right-of-way. This training
includes:
• A study of the history of federal and California accessibility regulations pertaining to the
public right-of-way
• A review of the Americans with Disabilities Act (ADA) and Public Right -Of -Way Access
Guidelines (RPOWAG)
• A detailed study of the 2022 California Building Code (CBC) accessibility provisions for
elements in the public right-of-way (primarily CBC Chapter 11B)
Certified Access Specialist (CASp) Examination Preparation
In addition to the courses above, Access Toolkit provides training focused on preparation for the
Certified Access Specialist (CASp) examination. This training includes:
• A study of federal and state laws pertaining to disabled access as listed in the DSA CASp
Examination, Certification, and Practice Standards Handbook
• A study of the state laws pertaining to the CASp program
• Practice questions and test taking skills
DISABLED ACCESS BUSINESS WORKSHOPS
Access Toolkit provides workshops for local businesses and business organizations (chambers of
commerce, industry associations, etc.) to gain awareness of accessibility laws and regulations, the
potential liabilities for noncompliance, and the benefits of the CASp program. These workshops consist
of a presentation, question and answer session, and one-on-one dialogue to assist businesses with
navigating their unique circumstances.
DISABLED ACCESS ONLINE TOOLS
Access Toolkit Online (www.AccessTooIkit.com) is the ultimate web -based disabled access software for
commercial and residential construction in California. The site contains the following tools and features:
• Hundreds of interactive illustrations
• A well -organized and searchable index of CBC Chapters 11A and 11B
• Links between related topics make finding information quick and easy
• Clickable code sections link to the code language
• Commentary and advisories shed additional light on the code
• Interactive guides to walk users through the scoping requirements
• Includes numerous reference documents and multimedia
• Runs in all major browsers from a PC, tablet, or smartphone
• Practice exams to prepare users for certification
Trial versions of Access Toolkit Online are provided for all training attendees. Yearly licenses are
available as a subscription. See the Cost of Services section for more information.
ACCESS TOOLKIT
PO BOX 800'-4S, SANTA CLARITA, CA 91380 P2 age
6G1-857-2742, john@accesstoolkit.com
DISABLED ACCESS PRINTED MATERIALS
Access Toolkit offers printed training manuals for CBC Chapters 11A and 11B. Manuals have a clear
laminated cover and are spiral bound.
SERVICES TO BE PROVIDED TO CITY OF NEWPORT BEACH
Access Toolkit shall provide the annual sevices set forth on the Schedule of Billing Rates,
and shall provide on -call services upon request and approval of a Letter Proposal.
ACCESS TOOLKIT
PO BOX 800245, SANTA CLARITA, CA91380 Page 3
661-857-2742, john@accesstoolkit.com
EXHIBIT B
SCHEDULE OF BILLING RATES
John Robert Caprarelli dba Access Toolkit Page B-1
Cost of Services
The following table includes one-time costs for Access Toolkit services and resources.
Service
Fee
Disabled Access Technical Training
$3,675 plus applicable travel
expenses for one -day 7-hour
course, or
$525 / hr plus applicable
travel expenses.
Disabled Access Business Workshop
$2,000 plus applicable travel
expenses for half -day
workshop.
$3,675 plus applicable travel
expenses for full -day
workshop.
Disabled Access Online Tools (Access Toolkit Online)
$199 / year (per user)
$119 / year (per user) with 20
or more accounts
Disabled Access Printed Training Manuals
• Access Toolkit —11A
$30 per manual*
• Access Toolkit — 11B
$40 per manual*
*plus shipping expenses,
where applicable
Travel expenses for the City of Newport Beach shall be based on
$0.67 per mile (2024)
the current IRS mileage reimbursement rate.
Accessibility consultation services (site evaluation, plan review,
$250 / hr
code application and alternate design review)
**Travel Expenses shall not exceed $240.00 per on -call service
ACCESS TOOLKIT
P
PO BOX 800345, SANTA CLAPITA, CA 91330
661-857-2742, john@accesstoolkit.com
Annual Service Schedule
Access Toolkit proposes the following yearly schedule of services for the City of Newport Beach:
Service
Yearly Fee
Semi -Annual Disabled Access Technical Training (2 Full Days)
$7,350 plus applicable travel
expenses estimated at $480.
Total = $7,830
Annual Full -Day Disabled Access Business Workshops
$3,675 plus applicable travel
expenses estimated at $240.
Total = $3,915
Disabled Access Online Tools (Access Toolkit Online)
(20 user accounts included at
no additional cost)
Disabled Access Printed Training Manuals
• Access Toolkit — 11A (50 copies)
$1,500
• Access Toolkit —11B (60 copies)
$2,400
Total = $3,900
Estimated Total Yearly Expense =
$15,645
Estimated Total Four -Year Expense =
$62,580
The proposed yearly schedule of services is only recommended. Alternate and/or additional services can
be requested by the City and will incur the costs listed in the Cost of Services schedule.
Limitations and City Resources
Access Toolkit will strive to provide prompt service and meet the City's goals for providing high -quality
disabled access training and associated resources. When contacting Access Toolkit with requests for
service, the City should expect a lead time for scheduling training. Access Toolkit can usually schedule
training events within 30 days. However, lead times can vary and may extend up to 60 days. Access
Toolkit can assist with planning events and creating flyers. The City will provide the necessary building
space and personnel needed to reserve the space and provide entry.
Subcontractors
Access Toolkit does not foresee the need to use subcontractors.
Conflict of Interest
Access Toolkit does not have current or potential conflicts of interest to disclose.
Insurance
Access Toolkit is covered by a $1 million commercial general liability insurance policy through Hiscox
Insurance Company, Inc. (policy # P101.578.397.3)
ACCESS TOOLKIT
PO BOX 800245. SANTA CLARITA, CA 91380 P2 age
661-857-2742, john@accesstooll�it.com
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City,
and prior to commencement of Work, Consultant shall obtain, provide and
maintain at its own expense during the term of this Contract, policies of
insurance of the type and amounts described below and in a form satisfactory
to City. Consultant agrees to provide insurance in accordance with
requirements set forth here. If Consultant uses existing coverage to comply and
that coverage does not meet these requirements, Consultant agrees to amend,
supplement or endorse the existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance providing statutory benefits and Employer's
Liability Insurance with limits of at least one million dollars ($1,000,000)
each employee for bodily injury by accident and each employee for
bodily injury by disease in accordance with the laws of the State of
California.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council,
boards and commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Consultant shall maintain commercial
general liability insurance, and if necessary excess/umbrella liability
insurance, with coverage at least as broad as provided by Insurance
Services Office form CG 00 01, in an amount not less than one million
dollars ($1,000,000) per occurrence, two million dollars ($2,000,000)
general aggregate. The policy shall cover liability arising from bodily
injury, property damage, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of another
assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
John Robert Caprarelli dba Access Toolkit Page C-1
Contract, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit for each accident.
D. Professional (Errors & Omissions) Insurance. Consultant shall maintain
professional liability insurance that covers the Services to be performed
in connection with this Agreement, in the minimum amount of one million
dollars ($1,000,000) per claim and two million dollars ($2,000,000) in the
aggregate. Any policy inception date, continuity date, or retroactive date
must be before the Effective Date of this Agreement and Consultant
agrees to maintain continuous coverage through a period no less than
three years after completion of the Services required by this Agreement.
E. Excess/Umbrella Liability Insurance. If any Excess or Umbrella Liability
policies are used to meet the limits of liability required by this contract,
then said policies shall be "following form" of the underlying policy
coverage, terms, conditions, and provisions and shall meet all of the
insurance requirements stated in this contract, including, but not limited
to, the additional insured and primary & non-contributory insurance
requirements stated herein. No insurance policies maintained by the
City, whether primary or excess, and which also apply to a loss covered
hereunder, shall be called upon to contribute to a loss until the
Consultant's primary and excess/umbrella liability policies are
exhausted.
4. Other Insurance Requirements. The policies are to contain, or be endorsed
to contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Contract shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents,
volunteers and employees, or shall specifically allow Consultant or
others providing insurance evidence in compliance with these
requirements to waive their right of recovery prior to a loss. Consultant
hereby waives its own right of recovery against City, and shall require
similar written express waivers and insurance clauses from each of its
subcontractors.
B. Additional Insured Status. All liability policies including general liability,
excess/umbrella liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide
that City, its City Council, boards and commissions, officers, agents,
volunteers and employees shall be included as additional insureds
under such policies.
C. Primary and Non -Contributory. Consultant's insurance coverage shall
be primary insurance and/or the primary source of recovery with respect
to the City, its City Council, boards and commissions, officers, agents,
John Robert Caprarelli dba Access Toolkit Page C-2
volunteers and employees. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation or nonrenewal of coverage (except
for nonpayment for which ten (10) calendar days' notice is required) for
each required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to
the following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along
with a waiver of subrogation endorsement for workers' compensation
and other endorsements as specified herein for each coverage. All of
the executed documents referenced in this Contract must be returned
to City within ten (10) regular City business days after the date on the
"Notification of Award". Insurance certificates and endorsements must
be approved by City's Risk Manager prior to commencement of
performance. Current certification of insurance shall be kept on file with
City at all times during the term of this Contract. The certificates and
endorsements for each insurance policy shall be signed by a person
authorized by that insurer to bind coverage on its behalf. At least fifteen
(15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Consultant shall, within ten (10) days after receipt of written
notice of such cancellation or reduction of coverage, file with the City
evidence of insurance showing that the required insurance has been
reinstated or has been provided through another insurance company or
companies. City reserves the right to require complete, certified copies
of all required insurance policies, at any time.
B. City's Right to Revise Requirements. The City reserves the right at any
time during the term of the Contract to change the amounts and types
of insurance required by giving Consultant ninety (90) calendar days'
advance written notice of such change. If such change results in
substantial additional cost to Consultant, City and Consultant may
renegotiate Consultant's compensation.
C. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters
into contracts with on behalf of City will be submitted to City for review.
Failure of City to request copies of such agreements will not impose any
liability on City, or its employees. Consultant shall require and verify that
all subcontractors maintain insurance meeting all the requirements
stated herein, and Consultant shall ensure that City is an additional
John Robert Caprarelli dba Access Toolkit Page C-3
insured on insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as
CG 20 38 04 13.
D. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no
additional obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
Consultant maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits
maintained by the Consultant. Any available proceeds in excess of
specified minimum limits of insurance and coverage shall be available
to the City.
F. Self -Insured Retentions. Any self -insured retentions must be declared
to and approved by City. City reserves the right to require that self -
insured retentions be eliminated, lowered, or replaced by a deductible.
Self-insurance will not be considered to comply with these requirements
unless approved by City.
G. City Remedies for Non -Compliance. If Consultant or any subconsultant
fails to provide and maintain insurance as required herein, then City
shall have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Consultant's right to proceed
until proper evidence of insurance is provided. Any amounts paid by
City shall, at City's sole option, be deducted from amounts payable to
Consultant or reimbursed by Consultant upon demand.
H. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Consultant's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City
assumes no obligation or liability by such notice, but has the right (but
not the duty) to monitor the handling of any such claim or claims if they
are likely to involve City.
Consultant's Insurance. Consultant shall also procure and maintain, at
its own cost and expense, any additional kinds of insurance, which in its
own judgment may be necessary for its proper protection and
prosecution of the Work.
John Robert Caprarelli dba Access Toolkit Page C-4
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