13 Staff Report. DAC Second Contract Amendment
PREPARED BY: Gary Heap
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: 12/19/2023 ITEM NO: 13
DATE: December 5, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Approve the Following Actions for Americans with Disabilities Act (ADA)
Transition Plan (CIP No. 812-0129):
a. Authorize the Town Manager to Execute a Second Amendment to the
Agreement for Consultant Services with Disability Access Consultants, LLC
for Additional Services, in an Amount of $50,000 for a Total Agreement
Not to Exceed $220,000; and
b. Authorize An Expenditure Budget Transfer in an Amount of $35,150 from
Project #411-813-9921 (Curb, Gutter & Sidewalk Maintenance).
RECOMMENDATION:
Approve the following actions for the Americans with Disabilities Act (ADA) Transition Plan (CIP
No. 812-0129):
a. Authorize the Town Manager to execute a second amendment to the agreement for
consultant services with Disability Access Consultants, LLC (Attachment 1) for additional
services, in an amount of $50,000 for a total agreement not to exceed $220,000; and
b. Authorize an expenditure budget transfer in an amount of $35,150 from project #411-813-
9921 (Curb, Gutter & Sidewalk Maintenance).
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 4 SUBJECT: Americans with Disabilities Act Transition Plan (CIP No. 812-0129) DATE: December 5, 2023
BACKGROUND (continued):
The Town’s previous ADA Transition Plan (the 1993 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. After adoption of the 1993 Plan, the Town constructed
numerous projects and infrastructure to address the ADA requirements identified. However,
ADA standards are ever evolving at the Federal and State levels with broader rulings and
regulation requirements.
On April 5, 2021, the Town entered into an agreement with Disability Access Consultants (DAC)
to develop an updated American with Disabilities Act (ADA) Transition Plan (the 2023 Transition
Plan). The legally required 2023 Transition Plan identifies required improvements to the
Town’s programs, services, activities, and assets to achieve compliance with the ADA. The 2023
Plan was completed in spring 2023 and has not yet been scheduled for formal adoption by the
Town Council because of changes in staffing, and the need for ongoing coordination with the
consultant to determine the best way to communicate the information. Staff intends to bring it
for formal adoption in February 2024. The original agreement was for $130,000 with term
ending December 31, 2022.
Amendment 1 to the agreement extended the term through December 31, 2023 and increased
the compensation by $40,000 for a total contract amount of $170,000. The additional services
included evaluation of the Town owned rights-of-way (e.g., sidewalks, curb ramps, etc.) and on-
call services related to implementing the Transition Plan. Compliance with the Americans with
Disabilities Act and implementation of the 2023 Transition Plan is an ongoing process that staff
consistently endeavors to undertake. As such, staff has continued to implement the Plan as
needs arise and capital projects are implemented despite the 2023 Transition Plan having not
been formally adopted by Town Council.
DISCUSSION:
Since the execution of Amendment 1, staff has begun implementing the necessary
improvements when possible. Examples of this include the Annual Curb, Gutter, Sidewalk
Project (CIP 813-9921) where select sidewalks and curb ramps are replaced annually to comply
with ADA standards. In 2023, the Town also contracted to remove trip hazards on sidewalks in
the downtown, parks and around schools. In completing this work, staff coordinates with DAC
to update the database of required improvements and demonstrate compliance with the ADA.
With the requested action, staff is proposing a second amendment for additional services from
DAC. Under this amendment, DAC will recommend and prioritize future Town programs and
projects and provide as-needed consultation services to support implementation of the 2023
Transition Plan. The requested action will increase the total compensation from $170,000 to
$220,000 and extend the agreement term to December 31, 2024.
PAGE 3 OF 4 SUBJECT: Americans with Disabilities Act Transition Plan (CIP No. 812-0129) DATE: December 5, 2023
CONCLUSION:
The Town Council’s authorization of the second amendment for the ADA Transition Plan
agreement would allow DAC to provide additional ADA consulting services for future Town
program and projects to implement the 2023 Transition Plan.
COORDINATION:
This report is coordinated with Community Development and the Finance Department.
FISCAL IMPACT:
On March 15, 2021, Council authorized a revenue and expenditure budget adjustment for CIP
project #812-0129 to recognize a Joint Powers Authority Liability Assurance Network grant in
the amount of $35,000. The grant fund was spent in a prior year and staff has recently
discovered that the grant funding had not been previously received and the funds are no longer
available for the project. Staff will analyze a new funding plan for the $35,000 and bring the
action item to Council as part of the mid-year budget process.
With the proposed budget transfer, there are sufficient funds in the project budget to cover the
amendment to the consultant services agreement for the American with Disabilities Act (ADA)
Transition Plan project. Staff recommends that Town Council authorize the transfer of available
funds from #411-813-9921 (Curb, Gutter & Sidewalk Maintenance) to 411-812-0129 (ADA
Transition Plan).
Budget Costs
GFAR 150,000$
JPA Grant Funding 35,000$
Transfer from CIP #411-813-9921 – Curb Gutter Sidewalk
Maintenance (Proposed with this Staff Report)35,150$
Total Budget 220,150$
Costs
Prior Consultant Services 170,000$
Consultant Services Second Amendment to Agreement with
DAC (Proposed with this Staff Report)50,000$
Misc. Project Costs 150$
Total Costs 220,150$
Available Balance -$
American with Disabilities Act (ADA) Transition Plan
CIP No. 812-0129
PAGE 4 OF 4 SUBJECT: Americans with Disabilities Act Transition Plan (CIP No. 812-0129) DATE: December 5, 2023
ENVIRONMENTAL ASSESSMENT:
The actions associated with this item are not a project defined under CEQA, and no further
action is required.
Attachment:
1. Second Amendment – Agreement for Consultant Services - Disability Access Consultants,
LLC with Exhibit A (Original Agreement and Previous Amendments) and Exhibit B (Updated
Scope of Services)