Staff Report. DAC First Contract Amendment
PREPARED BY: WooJae Kim
Town Engineer
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Director
of Parks and Public Works
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 4/5/2022 ITEM NO: 5
DATE: March 18, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Americans with Disabilities Act Transition Plan (CIP No. 812-0129):
a. Authorize the Town Manager to Execute a First Contract Amendment to
the Consultant Services Agreement with Disability Access Consultants, LLC
for Additional Services, in an Amount of $40,000 for a Total Agreement
Not to Exceed $170,000; and
b. Authorize An Expenditure Budget Adjustment in the Amount of $40,000
to the Project from Available General Fund Appropriated Reserve (GFAR)
for Fiscal Year 2021/22.
RECOMMENDATION:
Staff recommends that the Town Council take the following actions for the Americans with
Disabilities Act (ADA) Transition Plan (CIP No. 812-0129):
a. Authorize the Town Manager to execute a first contract amendment to the consultant
services agreement with Disability Access Consultants, LLC for additional services, in an
amount of $40,000 for a total agreement not to exceed $170,000; and
b. Authorize an expenditure budget adjustment in the amount of $40,000 to the project from
available General Fund Appropriated Reserve (GFAR) for Fiscal Year (FY) 2021/22.
BACKGROUND:
The federal statute on Nondiscrimination on the Basis of Disability in State and Local
Government Services (28 CFR § 35.150 – Existing Facilities) requires a public entity that employs
50 or more persons to develop a transition plan setting forth the steps necessary to achieve
program accessibility and reasonable modifications to eliminate barriers for persons with
disabilities. In addition, Section 504 of the Rehabilitation Act of 1973 prohibits discrimination
against people with disabilities in programs that receive federal financial assistance.
PAGE 2 OF 3 SUBJECT: Americans with Disabilities Act Transition Plan (CIP No. 812-0129) DATE: March 18, 2022
BACKGROUND (continued):
The Town’s last ADA Transition Plan was adopted by Council in 1993, which identified
improvements needed for accessibility compliance and prioritized them to occur over a three-
year time frame. Since then, the Town has constructed numerous projects and infrastructure
keeping up with ADA requirements at the time of the project. However, ADA standards are
ever evolving at the federal and state levels with broader rulings and regulation requirements.
On March 16, 2021, the Town Council authorize the Town Manager to negotiate and execute a
consultant services agreement with Disability Access Consultants (DAC), LLC for the ADA
Transition Plan Project in an amount not to exceed $130,000 to complete the self-evaluation of
the Town programs, services, activities, and assets for ADA compliance and assist staff with the
preparation of a transition plan per federal laws and regulations. The agreement was funded
through GFAR and a $35,000 Joint Powers Authority Liability Assurance Network (PLAN) Grant
approved for the project by Council.
DISCUSSION:
In June 2021, DAC initiated the surveys and assessments of the Town’s programs, services,
activities, and assets and collected feedback from staff and the public as part of the self-
evaluation process. During the process, DAC identified additional quantities of sidewalk and
curb ramps in the Town’s public right-of-way beyond what was identified in the original scope
and proposal. An increase to the original agreement amount would be required for DAC to
complete the survey and assessment of all remaining Town assets in the public right-of-way and
identify ADA deficiencies for a comprehensive self-evaluation report.
As part of the first contract amendment (Attachment 1), staff also recommends including
additional services for DAC to provide further assessments, evaluations, and recommendations
of future Town programs and projects, and as-needed consultation services to formulate a
viable long term transition plan to address deficiencies identified. The term of the consultant
services agreement would be extended to June 30, 2023.
CONCLUSION:
The Town Council’s authorization of the first contract amendment for the ADA Transition Plan
agreement would allow DAC to finalize the self-evaluation report, continue with the contracted
services, and provide additional ADA consulting services for future Town program and project
needs and the transition plan.
COORDINATION:
This report is coordinated with the Finance Department.
PAGE 3 OF 3 SUBJECT: Americans with Disabilities Act Transition Plan (CIP No. 812-0129) DATE: March 18, 2022
FISCAL IMPACT:
Appropriation of $40,000 from GFAR available in FY 2021/22 and corresponding budget
adjustment would be needed for the first contract amendment with DAC for the ADA Transition
Plan.
ADA Transition Plan
CIP No. 812-0129
Budget Costs
GFAR $ 110,000
TDA Fund Allocation $ 35,000
GFAR $ 40,000
Total Budget $ 185,000
Consultant Service Agreement $ 130,000
First Contract Amendment $ 40,000
Other Project Delivery Costs $ 15,000
Total Expenditures $ 185,000
Available Balance $ 0
ENVIRONMENTAL ASSESSMENT:
The actions associated with this item are not a project defined under CEQA, and no further
action is required.
Attachment:
1. First Contract Amendment including Original Agreement