Ordinance No. 14,987 ORDINANCE NO. 14,987
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING A CONSULTING SERVICES AGREEMENT WITH ACCESSOLOGY
TOO, LLC, FOR PERFORMANCE OF SERVICES RELATED TO THE ADA SELF-
EVALUATION AND TRANSITION PLAN REQUIRED BY THE DEPARTMENT OF
JUSTICE; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN
AMOUNT NOT TO EXCEED SIX HUNDRED FIFTY THOUSAND AND N01100
DOLLARS ($650,000.00); MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown,Texas,hereby authorizes and directs
the City Manager to execute and the City Clerk to attest to a Consulting Services Agreement with
Accessology Too, LLC, for performance of services related to the ADA Self-Evaluation and Transition
Plan required by the Department of Justice. A copy of said agreement is attached hereto as Exhibit "A"
and incorporated herein for all intents and purposes.
Section 2: That the City Council of the City of Baytown authorizes payment to Accessology
Too, LLC, in an amount not to exceed SIX HUNDRED FIFTY THOUSAND AND NO1100 DOLLARS
($550,000.00) for consulting services in accordance with the agreement authorized in, Section 1
hereinabove.
Section 3: That the City Manager is hereby granted general authority to approve a decrease
or an increase in costs by FIFTY THOUSAND AND NOI100 DOLLARS ($50,000.00) or less, provided
that the amount authorized in Section 2 hereof may not be increased or decreased by more than twenty-five
percent (25%).
Section 4: This ordinance shall take effect immediately from and after its passage by the City
Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the Ci ouncil of the City of
Baytown this the 9t1'day of December, 2021.
R ND N CAPETIL O, Mayor
AM: e'ojo�'1,4'
Ot��o���°ase��•��T�
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ANGELA CKSON, City lurk 4
APPROVED AS TO FORM: AAA"`'
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ORNER, City Attorney
RAKaren Anderson\ORDINANCES\202112021.12.091AccessologyTooPSA-ADASelf-EvaluationandTransitionPlan.doex
EXHIBIT "A"
CONSULTING SERVICES AGREEMENT
STATE OF TEXAS §
COUNTY OF HARRIS §
This Consulting Services Agreement (the "Agreement") is made this 2nd day of
December , 2021, by and between the City of Baytown, Texas, acting by and through
the City Council of the City of Baytown, Texas, hereinafter referred to as the "City," and
Accessology Too, LLC, a Texas limited liability company, hereinafter referred to as the
"Consultant." The City and Consultant do hereby make and enter into the following agreement:
ARTICLE I.
Consultant
1.1 The Consultant, as an independent contractor, covenants and agrees to draft and provide
an ADA Self-Evaluation and Transition Plans, as well as all services and deliverables
described in Article II (collectively the "Project"),
1.2 The Consultant's services shall be performed by the Consultant in accordance with the
terms of this Agreement and for the consideration herein stated. The Consultant
covenants and agrees to perform the services in a professional manner. The Consultant
shall complete the scope of work described in Article II and shall submit reports to the
City as required.
1.3 The Consultant shall provide its services tinder this Agreement with the same degree of
care, skill and diligence as is ordinarily provided by such professional under similar
circumstances for the preparation of the Project and to which this Agreement applies.
The Consultant will further give professional consultations and advice to the City during
the performance of the services under this Agreement.
ARTICLE II.
Scone of Work
2.1 The Consultant will perform the professional services related to the Project as set forth in
Exhibit "A," which is attached hereto and made a part of this Agreement for all intents
and purposes.
2.2 Pursuant to this Agreement, the City shall have the option to obtain the services of the
Consultant to perform additional services. Such additional services shall be described in
a written amendment to this Agreement, as agreed upon mutually by the City and the
Consultant, including a description of the additional work, associated compensation, and
time schedule as applicable.
Consulting Services Agreement,Page I
ARTICLE III.
Consultant Personnel
3.1 The Consultant represents that it has or will secure, at its own expense, all personnel
required in performing the services under this Agreement. Such personnel shall not be
employees of or have any contractual relationship with the City.
ARTICLE IV.
Support Services
4.1 The City agrees to provide the Consultant with minimal support services during conduct
of the services listed in Article II. The Consultant must have the resources and abilities
to fully develop the Project.
4.2 The City will provide Consultant with any legal and reasonable access to areas,
personnel,and information relevant to the Project as determined by City management.
4.3 To the extent authorized by law, the readily available existing data and documentation
obtained by the City that are relevant to the accomplishment of the Scope of Work
specified in Article II shall be made available by the City for use by the Consultant.
However, in providing such data and documentation, the City makes no warranty as to
the accuracy or reliability of the same. Nothing contained herein shall be construed to
require the City to provide existing data and documentation in any certain format,
including shapefile format, etc. The format in which the existing data and documentation
will be provided shall be at the sole discretion of the City.
4.4 The City shall consider and act on all documents and project work items submitted by the
Consultant that require review, comments or approval by the City within a reasonable
period of time so as to enable the Consultant to complete the work on schedule as
provided in Article V of this Agreement.
4.5 The City agrees to provide the Consultant with support services needed to organize,
schedule, notify, provide, meet, locate, and conduct meetings for the Project. The
Consultant will advise and coordinate with the City to accomplish these support services.
ARTICLE V.
Time of Performance
5.1 The Consultant shall commence services upon execution of this Agreement and receipt of
written notice to proceed from die City.
5.2 The Consultant shall complete the services described in Article II in accordance with the
timeline in Exhibit "B," which is attached hereto and made a part of this Agreement,
Consulting Services Agreement,Page 2
unless the scope of work and time of performance are changed in accordance with Article
X.
5.3 The completion schedule set forth in Section 5.2 may not be subject to causes that result
in delay over which neither the Consultant nor the City has any control. Notification and
justification of any such delays identified by the Consultant must be made in writing and
approved by the City. The schedule of work will be extended to include any such delays
pursuant to Article X.
5.4 Except for the indemnity, release, and the tail coverage required in Article XIII, this
Agreement shall terminate upon the City's final acceptance of work completed by the
Consultant, unless otherwise terminated or modified as hereinafter provided.
ARTICLE VI.
Compensation to Consultant
6.1 The City shall compensate the Consultant for the professional services performed under
this Agreement. For the basic services and supplemental engagement activities described
in Exhibit "A," the City shall pay the Consultant for services rendered in an amount not
to exceed SIX HUNDRED THIRTY-FOUR THOUSAND AND N01100 DOLLARS
($634,000.00)based upon the following:
Amount Not
to Exceed
Accessology......................................................................$255,000.00
Kim ley-Horn.....................................................................$134,300.00
IMS ...................................................................................$244,700.00
The maximum amount is contained in Exhibit "C," which is attached hereto and made a
part of this Agreement for all intents and purposes. The maximum amount may be
modified pursuant to Article X in the event of increased costs, change in the scope of
work, time of performance, delays or increase or decrease in the complexity or character
of the work.
6.2 For additional services rendered pursuant to Section 2.2, the City shall compensate the
Consultant in the manner similar to the basic services and in accordance with the
maximum amount of payment and other terms as specified in the amendatory agreement
providing for the additional services.
6.3 Payment shall be made only after receipt of a detailed statement showing the percentage
of the project completion and the amount of payment, less any previous payment made
by the City, and a monthly progress report letter containing a report of work completed
and the percentage of completion by task and for the overall project. The progress report
letter will describe the basic or additional services performed and the work accomplished
during the report period, as well as any problems or delays encountered and actions taken
to remedy them. Each statement shall be certified as true and correct by an officer of the
Consulting Services Agreement,Page 3
Consultant. Each invoice is due and payable by the City within thirty(30)days following
the date of its receipt by the City or within thirty (30) days of receipt of the invoiced
services, whichever is later. However, the City shall not be obligated to pay the full
amount of an invoice if there is a dispute in the bill tendered by the Consultant to the City
for payment. In such case,the City shall pay only the undisputed amount.
When approximately 60 percent of the sum specified in Section 6.1 has been invoiced by
the Consultant, the Consultant shall provide with the monthly progress report an
assessment of the project to date, including recommended modifications to the scope of
work and/or the expected need for additional authorizations, if any. The Consultant will
not exceed the maxiinum fee specified in Section 6.1 unless authorized in writing by the
City.
6.4 The terms of this Agreement are contingent upon sufficient appropriations and
authorization being made by the City for the performance of this Agreement. If at any
time during the period of performance tinder this Agreement the City does not make
sufficient appropriations and authorizations, this Agreement shall terminate upon written
notice being given by the City to the Consultant. The City's decision as to whether
sufficient appropriations are available shall be accepted by the Consultant and shall be
final.
ARTICLE VII.
Product of Services,Copyright
7.1 The Consultant and the City mutually agree that reports, maps and materials prepared or
developed under the terms of this Agreement shall be delivered to and become the
property of the City. The Consultant shall have the right to retain copies and to utilize the
product of its services for marketing purposes, except for any confidential information, as
defined in Article XI hereof.
7.2 The Consultant shall furnish the City with the number of copies of reports as required in
Exhibit"A."
7.3 Nothing produced in whole or in part by the Consultant under this Agreement shall be
subject to application for copyright by or for the Consultant.
7.4 The Consultant hereby grants and conveys an ownership interest to the City in all work
products relating to the services required to be performed in this Agreement without
additional compensation.
Consulting Services Agreement,Page 4
ARTICLE VIII.
Private Interest of Public Officials and Consultant
8.1 No employee, agent or member of the City Council of the City shall have any financial
interest,direct or indirect, in this Agreement or the proceeds thereof-.
ARTICLE IX.
Certifications of Consultant
9.1 The Consultant has not employed or retained any company or person, other than a bona
fide employee working solely for the Consultant, to solicit or secure this Agreement, and
it has not been paid or agreed to pay any company or person, other than a bona fide
employee working solely for the Consultant, any fee, commission, percentage, brokerage
fee, or any other consideration contingent upon or resulting from the award or making of
this Agreement.
9.2 The Consultant presently has no interest and shall not acquire any interest, direct or
indirect, which would conflict in any manner or degree with the performance of services
under this Agreement.
ARTICLE X.
Chanties ot•Termination
10.1 This Agreement may not be altered, changed or amended except by instrument in writing
executed by the parties hereto.
10.2 The City may, from time to time, request changes in the scope of work and time of
performance for the services of the Consultant to be performed hereunder. Such changes,
including any increase or decrease in the amount of the Consultant's compensation,which
are mutually agreed upon by and between the City and the Consultant, shall be
incorporated in written amendments to this Agreement.
10.3 This Agreement, with the exception of the indemnity, release and tail coverage required
in Article XIII, may be terminated before the expiration date specified in Article V by
any of the following conditions:
a. Right of either party to terminate for cause. This Agreement may be terminated
by either of the parties hereto for failure by the other party to perform in a timely
and proper manner its obligations under this Agreement. A signed, written notice
of such termination shall be delivered to the other party by registered or certified
mail, and such termination shall take effect twenty (20) days after the notice is
deposited in the mail; provided that the failure to perform has not been remedied
in frill prior to the expiration of the twenty (20)-day period. By such termination,
Consulting Services Agreement,Page 5
either party may nullify obligations already incurred for the performances or
failure to perform before the termination date.
b. Right of the City to terminate for convenience. This Agreement may also be
terminated by the City for reasons other than failure by the Consultant to perform
in a timely and proper manner its obligations under this Agreement. A signed,
written notice of such termination shall be delivered to Consultant by registered or
certified mail, and such termination shall take effect not less than seven (7) days
following the date that the notice is deposited in the mail or at 5:00 p.m. on the
date the notice is received by the Consultant, whichever is sooner.
10.4 Upon receipt of a notice of termination under any of the conditions under Section 10.3,
the Consultant shall, unless the notice otherwise directs, immediately discontinue all
services in connection with the performance of this Agreement. Within thirty (30) days
after the conditions specified in Section 10.3 being met or within thirty (30) days after the
Consultant submits a statement of the actual services performed and payment is
requested, or within thirty (30) days after the City's receipt of all data, study products and
all other work products required to be tendered to the City, whichever is later, the City
shall pay the Consultant allowable costs incurred, less previous payments. The City will
only be obligated to compensate the Consultant in a just and equitable manner for those
services actually performed prior to the effective date of termination. Data, study
products and all other work product prepared by Consultant under this Agreement shall
be delivered to the City within thirty (30) days after the receipt of the notice of
termination if terminated by the City or within thirty (30) days after tendering the notice
of termination if terminated by the Consultant.
10.5 Notwithstanding the provisions of Section 10.3 above, Consultant shall not be relieved of
liability to the City for damages sustained by the City by virtue of any negligent act or
omission or any breach of the Agreement.
ARTICLE XI.
Confidentiality
1 l.1 Any information determined by the City to be confidential pursuant to the Texas Public
Information Act that is provided to or developed by the Consultant in the performance of
this Agreement shall be kept confidential and shall not be made available to any
individual or organization by the Consultant without prior written approval of the City.
ARTICLE XII.
Inspection of Records
12.1 The Consultant shall maintain accounts and records, including personnel, property and
financial records, adequate to identify and account for all costs pertaining to this
Agreement and such other records as may be deemed necessary by the City to assure
Consulting Services Agreement,Page 6
proper accounting for all project funds. These records will be retained for five (5) years
after the expiration of this Agreement.
12.2 Any time during normal business hours and as requested by the City, the Consultant shall
make available to the City for examination all of its project records with respect to all
matters covered by this Agreement and will allow the City to review, examine and make
excerpts from such records, and to make copies of all contracts, invoices, materials,
payrolls, records of personnel, conditions of employment and other data relating to all
matters covered by this Agreement. Upon request by the City's representative, the
financial records of the Consultant will be available in a timely manner for audit purposes
to the City or its authorized representative at the Baytown City Hall, located at 2401
Market Street, Baytown, TX 77520. In any event, the financial records shall be made
available to the City within ten (10) days of the City's request for the same. All copies
made by the City pursuant to this section shall be made at the sole cost and expense of the
Consultant.
ARTICLE XIII.
Insurance and Indemnification
13.1 Throughout the term of this Agreement, the Consultant, at its own expense, shall
purchase, maintain and keep in frill force and effect insurance against claims for injuries
to or death of persons or damages to property which may arise out of or resulting from
the Consultant's services, whether such services be by the Consultant, its agents,
representatives, volunteers, employees oi• subconsultants or by anyone directly or
indirectly employed by any of them, or by anyone for whose acts any of them may be
liable.
I3.2 The Consultant's insurance coverage shall be primary insurance with respect to the City,
its officers, agents and employees. Any insurance or self-insurance maintained by the
City, its officials, agents and employees shall be considered in excess of the Consultant's
insurance and shall not contribute to it. All coverage for subconsultants shall be subject
to all of the requirements stated herein.
13.3 The insurance coverage herein shall,at a minimum, meet the following requirements:
I. Commercial General Liability
® General Aggregate: $1,000,000
® Per Occurrence: $500,000
® Coverage shall be broad form CGL
® No coverage shall be deleted from standard policy without notification of
individual exclusions being attached for review and acceptance
® Waiver of Subrogation required.
2. Business Automobile Policy
® Combined Single Limits: $1,000,000
Consulting Services Agreement,Page 7
® Coverage for"Any Auto"
® Waiver of Subrogation required.
3. Professional Liability
® Limit: $1,000,000
® Claims-made form is acceptable
® Coverage will be in force for two (2)years after construction of the project
is completed.
4. Workers' Compensation
® Statutory Limits
® Employer's Liability$1,000,000
® Waiver of Subrogation required.
13.4 Prior to any work being performed on the site, the Consultant shall file with the City
valid certificates of insurance and endorsements acceptable to the City. Such certificates
shall contain a provision that coverage afforded under the policies will not be canceled,
suspended, voided, or reduced until at least thirty (30) days' prior written notice has been
given to the City via certified mail, return receipt requested.
13.5 The Consultant shall also file with the City valid certificates of insurance covering all
subconsultants.
13.6 The following are general requirements applicable to all policies:
➢ All liability policies shall have an AM Best Rating of A-: VII or better.
➢ Insurance carriers licensed and admitted to do business in the State of Texas wiII be
accepted.
➢ The City, its officers, agents and employees are to be added as Additional Insureds to
all liability policies, with the exception of the Errors and Omissions Policy required
herein.
➢ Upon request of and without cost to City of Baytown, certified copies of all insurance
policies and/or certificates of insurance shall be furnished to City of Baytown's
representative. Certificates of insurance showing evidence of insurance coverage
shall be provided to City of Baytown's representative prior to any work being
performed at the site.
➢ Upon request of and without cost to City of Baytown, loss runs(claims listing) of any
and/or all insurance coverage shall be furnished to City of Baytown's representative.
13.7
THE CONSULTANT AGREES TO AND SHALL INDEMNIFY AND
HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS,
AGENTS, AND EMPLOYEES (HEREINAFTER REFERRED TO AS
THE "CITY") FROM AND AGAINST ANY AND ALL CLAIMS,
LOSSES, DAMAGES, CAUSES OF ACTION, SUITS AND
LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF
Consulting Services Agreement,Page 8
LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR
INJURY TO OR DEATH OF ANY PERSON, FOR DAMAGE TO
ANY PROPERTY, OR FOR ANY BREACH OF CONTRACT,
ARISING OUT OF OR IN CONNECTION WITH THE SERVICES
PERFORMED BY THE CONSULTANT UNDER THIS
AGREEMENT CAUSED, IN WHOLE OR IN PART, BY THE
CONCURRENT NEGLIGENCE OF THE CITY AND THE
CONSULTANT AND/OR CAUSED BY THE SOLE OR JOINT
NEGLIGENCE OF THE CONSULTANT. IT IS THE EXPRESS
INTENTION OF THE PARTIES HERETO, BOTH THE
CONSULTANT AND THE CITY, THAT THE INDEMNITY
PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY THE
CONSULTANT TO INDEMNIFY AND PROTECT THE CITY
FROM THE CONSEQUENCES OF THE CITY'S OWN
NEGLIGENCE, WHERE THAT NEGLIGENCE IS A
CONCURRING CAUSE WITH THAT OF THE CONSULTANT OF
THE INJURY, DEATH OR DAMAGE AND FROM THE
CONSEQUENCES OF THE CONSULTANT'S OWN NEGLIGENCE,
WHERE THAT NEGLIGENCE IS THE SOLE OR CONCURRING
CAUSE OF THE INJURY, DEATH, OR DAMAGE. SUCH
INDEMNITY SHALL NOT APPLY, HOWEVER, TO LIABILITY
ARISING FROM THE INJURY, DEATH, OR DAMAGE OF
PERSONS THAT IS CAUSED BY OR RESULTS FROM (I) THE
SOLE NEGLIGENCE OF THE CITY OR (II) THE CONCURRENT
NEGLIGENCE OF THE CITY IF THE CONSULTANT IS NOT
JOINTLY NEGLIGENT. IN THE EVENT THAT ANY ACTION OR
PROCEEDING IS BROUGHT AGAINST THE CITY FROM WHICH
THE CITY IS INDEMNIFIED, THE CONSULTANT FURTHER
AGREES AND COVENANTS TO DEFEND THE ACTION OR
PROCEEDING BY LEGAL COUNSEL ACCEPTABLE TO THE
CITY.
The indemnity provided hereinabove shall survive the termination and/or
expiration of this Agreement.
13.8 By this Agreement, the City does not consent to litigation or suit, and the City
hereby expressly revokes any consent to litigation that it may have granted by the
terms of this Agreement or any other contract or agreement, any charter, or
applicable state law. Nothing herein shall be construed so as to limit or waive the
City's sovereign immunity. The Consultant assumes full responsibility for its work
and services performed hereunder and hereby releases, relinquishes and discharges
Consulting Services Agreement,Page 9
the City, its officers, agents, and employees from all claims, demands, and causes of
action of every kind and character, including the cost of defense thereof, for any
injury to or death of any person (whether they be either of the parties hereto, their
employees, or other third parties) and any loss of or damage to property (whether
the property be that of either of the parties hereto, their employees, or other third
parties) that is caused by or alleged to be caused by, arising out of, or in connection
with the Consultant's work and/or services to be performed hereunder. This release
shall apply with respect to the Consultant's work and/or services regardless of
whether said claims, demands, and causes of action are covered in whole or in part
by insurance.
ARTICLE XIV.
Miscellaneous Provisions
14.I Neither the City nor Consultant shall be required to perform any term, condition or
covenant of this Agreement while such performance is delayed or interrupted by acts of
God, material or labor restrictions by any governmental authority, civil riot, flood,
hurricanes or other natural disasters, any other cause not within the control of the City or
Consultant that by the exercise of due diligence the City or Consultant is unable to,
wholly or in part, prevent or overcome and supersedes all prior agreements and
understandings between City and Consultant concerning the subject matter of this
Agreement. Any such delay in performance shall be excused only for the same amount
of time as the occurrence giving rise to the delay shall have lasted or such period of time
as is reasonably necessary after such occurrence abates for the effects thereof to have
dissipated as determined in tine sole discretion of the City.
14.2 This Agreement constitutes the entire agreement between the City and Consultant and
supersedes all offers, negotiations, and other agreements of any kind. There are no
representations or understandings of any kind not set forth herein. No agreements,
amendments, modifications, implied or otherwise, shall be binding on any of the parties
unless set forth in writing and signed by both parties.
14.3 If one or more of the provisions of this Agreement or the application of any provision to
any party or circumstance is held invalid, unenforceable or illegal in any respect, tine
remainder of this Agreement and the application of the provision to other parties or
circumstances shall remain valid and in full force and effect.
14.4 Any notice required to be given pursuant to the terms and provisions of this Agreement
shall be in writing and shall be mailed by certified or registered mail addressed as set
forth below or at such other address as may be specified by written notice:
CONSULTANT
Accessology, LLC
Attn: Kristi J. Avalos
1407 W. University Drive
McKinney, TX 75069
Consulting Services Agreement,Page 10
CITY
City of Baytown
Attn: City Manager
P.O. Box 424
Baytown, TX 77522
14.5 The waiver by either party of a breach of any provision of this Agreement shall not
constitute a waiver of any subsequent breach of this Agreement.
14.6 The Consultant shall not assign any interest in this Agreement and shall not transfer any
interest in the same without the prior written consent of the City thereto.
14.7 This Agreement shall not bestow any rights upon any third party, but rather, shall bind
and benefit the Consultant and the City only.
14.8 The parties agree that this Agreement shall not be construed in favor of or against any
party on the basis that the party did or did not author this Agreement.
14.9 The City and Consultant each bind itself and its successors, executors and administrators
and assigns of such other parties in respect to all covenants of this Agreement. Nothing
herein shall be construed as creating any personal liability on the part of any officer,
board member, commissioner, employee or agent of the City.
14.10 The Consultant, at such times and in such forms as the City may require,shall furnish the
City such periodic reports as it may request pertaining to the work or services undertaken
pursuant to this Agreement.
14.11 Each provision and clause required by law to be inserted into the Agreement shall be
deemed to be included herein, and this Agreement shall be read and enforced as though
each were included herein. If, through mistake or otherwise, any such provision is not
inserted or is not correctly inserted, the Agreement shall be amended to make such
insertion on application by either party.
14.12 The failure on the part of any party herein at any time to require the performance by the
other party of any portion of this Agreement shall not be deemed a waiver of or in any
way affect that party's rights to enforce such provision or another provision in the future.
Any waiver by any party herein of any provision hereof shall not be taken or held to be a
waiver of any other provision hereof or any other breach hereof
I4.13 Any and all representations and conditions made by the Consultant under this Agreement
are of the essence of this Agreement and shall survive the execution, delivery and
termination of it, and all statements contained in any documents required by the City,
whether delivered at the time of execution or at a later date, shall constitute
representations hereunder.
Consulting Services Agreement,Page 11
14.14 All Exhibits hereto are incorporated into and made part of this Agreement. In the event
of any inconsistency among this Professional Services Agreement and the Exhibits, they
shall control in the following order of priority:
This Agreement
Exhibit A-Scope of Work
Exhibit B-Timeline
Exhibit C-Fees and Expenses
14.15 This Agreement is performed in Harris County, Texas, and is subject to all applicable
Federal and State laws, statutes, codes, and any applicable permits, ordinances, rules,
orders and regulations of any local, state or federal government authority having or
asserting jurisdiction.
14.16 In the performance of this Agreement, the Consultant will not discriminate against any
employee or applicant for employment because of race, color, religion, age, sex or
national origin. The Consultant will, in all solicitations or advertisements for employees
placed by or on behalf of it,state that it is an equal opportunity employer.
14.17 Notwithstanding anything to the contrary contained in this Agreement, the City and
Consultant hereby agree that no claim or dispute between the City and Consultant arising
out of or relating to this Agreement shall be decided by any arbitration proceeding,
including, without limitation, any proceeding under the Federal Arbitration Act(9 U.S.C.
Sections 1-14), or any applicable State arbitration statute, including, but not limited to,
the Texas General Arbitration Act, provided that in the event that the City is subjected to
an arbitration proceeding notwithstanding this provision, Consultant consents to be joined
in the arbitration proceeding if Consultant's presence is required or requested by the City
for complete relief to be recorded in the arbitration proceeding,
14.18 It is understood and agreed that this Agreement may be executed in a number of identical
counterparts,each of which shall be deemed an original for all purposes.
14.19 The parties acknowledge that they have read, understand and intend to be bound by the
terms and conditions of this Agreement.
14.20 The section headings are used in this Agreement for convenience and reference purposes
only and are not intended to define, lit-nit or describe the scope or intent of any provision
of this Agreement and shall have no meaning or effect upon its interpretation.
14.21 Words of any gender used in this Agreement shall be held and construed to include any
other gender, and words in the singular number shall be held to include the plural, and
vice versa, unless context requires otherwise.
14.22 The officers executing this Agreement on behalf of the parties hereby confirm that such
officers have full authority to execute this Agreement and to bind the party he/she
represents.
Consulting Services Agreement,Page 12
IN WITNESS WHEREOF, the undersigned have executed this Agreement effective the
date first referenced hereinabove.
CITY OF BAYTOWN
ATTEST: RICHARD L. DAVIS, City Manager
ANGEL JACKSON, City Clerk
APPROVED AS TO FORM:
KAREN L. HORNER, City Attorney
CCE S TOO,LLC
( ature)
Kristi J. Avalos
(Printed Name)
President/CEO
(Title)
STATE OF TEXAS §
COUNTY OF Collin §
Before me, Jennifer Brandon , the undersigned notary public, on this day personally
appeared Kristi J. Avalos as President/CEO of Accessology Too,
LLC,
X known to me;
proved to me on the oath of or
proved to me through his/her current
{description of identification card or other document issued by the federal
government or any state government that contains the photograph and signature of
the acknowledging person)
(check one)
to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me
that he/she executed that instrument for the purposes and consideration therein expressed.
Consulting Services Agreement,Page 13
Given under my hand and seal of office this 2nd day of December , 2021.
vrI, rNNIFER B
Notary Public,Stateate of of Texas
:h': .•'Q� Comm. Expires 05-31-2023
N#ry Public in id for the State of Texas
Notary ID 132034430 MykQefnmission expires: 4 J/_9�o a-��
RATrevo r\enn Ira etsUDA Comp(Accessology)\ProressionalScrvicesAgreement draft 1.4.doe
Consulting Services Agreement,Page 14
Exhibit "A"
SCOPE OF WORK
i
• Develop the procedures and Forms needed to conduct a Self-Evaluation
and Transition Plan;
• Insure the Transition Plan includes all requisite information necessary to
comply with Title It of the ADA and Section 504 of the Rehabilitation
Act of 1973, including, but not limited to:
The Methodology for the self-evaluation of existing barriers to
accessibility;
• Summary of the findings of the self-Evaluation of facilities,
Self-Evaluation and policies,programs,and practices;
Transition Plan Recommendations of remedial measures to correct deficiencies
and a methodology for the prioritization of barrier remediation
• Cost estimates of remediation measures;
• Implementation schedule that includes milestones or treasures of
achievement for monitoring implementation;
• Procedure for periodically reviewing and updating the Transition
Plan;
• Development of procedures for grievances; and
• Assignment of responsibilities for repair/replacement.
• Conduct field investigations of public facilities, including an evaluation
of the City's sidewalks,street intersections(curb ramps&crosswalks),
pedestrian signals, parking lots and parks;
• Train City staff on how to conduct these field investigations with
recommended equipment;
• Identify how data will be collected,and provide equipment list that will
be used;
• Develop city-wide reference map using GIS for curb ramps,including
associated database with condition data, ramp type,slope, landing area,
warning surface and other compliance information to include:
Sidewalk and • Grass over Sidewalk;
Curb Ramp • Offsetjoints;
Evaluation • Cracked panels;
• Exceeds max cross slope;
• Exceeds max running slope;
• Missing barrier free ramp;
• Non-compliant Barrier Free Ramp.
• GIS connectivity would be achieved through CityWorks. Database
solutions not involving the CityWorks platform must be based on a
Microsoft platform(Windows Server,MS SQL Server,Office,
Sharepoint,etc.)with a web interface.Custom desktop deployed client
solutions will not be considered.GIS connectivity will be required to
ArcGIS Version 10;
• Inventory all signalized intersections.
Consulting Services Agreement,Exhibit"A"Page I
• Determine the level of ADA compliance required for each City building;
• Conduct necessary investigations of the areas of each building open to
public access;
Building • Identify physical barriers within the public areas of City buildings and
Evaluation the public right-of-way that limit accessibility and compare facilities for
compliance with the Texas Building Standards Code and the Federal
ADA Accessibility Guidelines(ADAAG).
• Review and evaluate current City policies,programs(including,but not
limited to,recreation programs), and practices in order to identify issues
which may be discriminatory to people with disabilities;
Policy Y Evaluate the current level of program accessibility,including eligibility
Review requirements,participation requirements,facilities used,staffing,
transportation,communication,grievance procedures and emergency
procedures.
• Develop a database for the ADA Self-Evaluation using City-approved
Project Database software;
• Ensure the Transition Plan correlates all components of the Transition
Plan, including,but not limited to,compliance and facility reports,
facility diagrams,Transition Plan,reference drawings,standard
drawings,and photographs.
• Attend at least three meetings with City staff, including a kick-off
meeting,interim progress meeting and a final completion meeting, in
Meetings addition to any required site visits and staff meetings needed for self-
evaluation investigation, and document research;
• Attend and present the ADA Transition Plan to the City Council at a
public meeting.
• Lead an outreach program via Baytown Engage to assist the City in
advising the public of the ADA Self-Evaluation and Transition Plan
project and to provide an opportunity for interested persons, individuals
with disabilities,or organizations representing persons with disabilities
Outreach Program to participate in the self-evaluation process;
• Organize a project community meeting(or meetings)to inform the
community of the project and receive input on the process, maintain a
record of the proceedings and comments and be prepared to answer
questions within their area of expertise.
Consulting Services Agreement.Exhibit"A"Page 2
• Furnish monthly progress reports each month to include technical and
financial progress,the percentage completed,and a description of the
Progress Reports work accomplished,difficulties encountered, and remedial action taken
during the reporting period;
• Reports should include anticipated activity with a schedule of
deliverables for the subsequent reporting period.
• Assist the City in designating an ADA Coordinator and ADA liaisons
from relevant departments to serve as an ongoing work group;
• Train designated City staff in the following areas:
• Applicable government code, statutes and regulations;
• Performing field investigations and inspections;
Training • Preparation of ADA Compliance Assessment Reports;
• Using and maintaining the database;
• Using and maintaining the project snap;
• Monitoring and updating the ADA Self-Evaluation and Transition Plan;
• Internal procedures for granting exemptions for City projects.
• Provide meeting minutes,action items and deliverables log, progress
schedules, monthly progress reports,and staff surveys in prescribed
formats;
• Inventory list and mapping,facility diagram, and physical surveys in
PDF, Excel and ArcGIS formats;
• Draft and final ADA Self-Evaluation and Transition Plans, including an
executive summary,shall be provided,as well as editable electronic
Deliverables copies in both Microsoft Word and PDF formats;
• A GIS database of barriers, with georeferenced pictures of the barriers
for ongoing monitoring and updating;
• All data files,project maps and graphics,audit results and related
materials associated with the field investigations and facility
evaluations;
• All materials and reports generated by this project become the sole
property of the City,and any use and control of these materials shall be
at the discretion of the City.
Consulting Services Aereement,Exhibit"A"Page 3
Exhibit "B"
TIMELINE
March 23,2022 Completion of the Self Evaluation
May 25,2022 Completion of City staff training
June 15,2022 Completion of the final ADA Transition Plan
2021 2022
TASK OCT NOV DEC JAN FEB MAR APR MAY JUN
Project Management
Project Kick Off Meeting
Self-Evaluation
Transition Plan Development
Documentation
Training
Meetings
Consulting Services Agreement.Exhibit"B" Page Solo
Exhibit "C"
EXPENSES
ccesso o rm a orn IMS
Project Management 3 5.900 5 6.265
Self Evaluation
Programs,Services and Activities S 58,100
Buildings S 10.470
ParkarTrails S 46.260
Sidewalk S 3.150 $ 117.100
Curb Ramps S 3.150 S 127.800
Pedestrian Signal^and Signalized IntercecWns S 29.550
Transit Stops 5 6,925
Reporting
Buildings 5 18.425
Parks/Trawc S 24.045
Sidewalk S 11.165
Curb Rams S 8.865
Pedestrian Signals and Signalized Intercechons S 10.095
Transit Stops S 4.630
G1S Reference Map for Curb Ramps 5 1.630
Transition Plan Deveio ment
Pnontizabon S 1,500 S 095
Budget Development for Remediation S 1,600 S 1.095
Draft Transition Plan S 7.40D 5 5.875
Final Tian.7tlon Plan. 5 5.800 5 2.830
Meetings
Pro' ct Nick Off Meeting S 3,500 S 3.505
ADA Adv)cojy Committee Meeting $ 3.000
Progress Meetings(2) 3 7.600 S 5.000
City Councs Meeting S 5,400 5 2,740
Conference Calla S 1,800
Public Outreach
Virual Outreach with onfine curve rmap S 3,750 S 1,660
Public Meeting S 3.750 $ 3.155
City Staff Training(16 hours) $ 7.600 S 5.320
Applicable government codes,etc.
Performing Treldinvesb afions
Preparation of ADA compiiance reports
Using the p ct database
Using and maintaining the project map
Expenses 3 32.00D S 10.100
Labor Totals 3 223.000 S 124.200 S 244.700
SubTota/s S 2 . S 134.31JU IE 244,7 0
Project Total 5 634,000
Consulting Services Agreement, Exhibit "C Pale Solo