By Chris Smith

The Americans with Disabilities Act (ADA), enacted in 1990, ensures equal access to public spaces, jobs, transportation, and services. Cities must consider ADA compliance in contracts to mitigate risks and uphold requirements. Beyond legality, compliance reflects a commitment to equitable access to facilities, services, and programs for all.

Contracts incorporating ADA provisions include the following:

• Services. Contracts with vendors, consultants, or other service providers should include provisions requiring ADA compliance in the delivery of services.
• Construction. Contracts for building or renovating public facilities should include provisions mandating compliance with ADA accessibility guidelines.
• Architectural design. Agreements with architects or engineers should specify adherence to ADA standards.
• Leases. Lease agreements should include provisions outlining responsibility for ensuring the property meets ADA standards, including shared spaces like entrances, parking, and restrooms.
• Events and programs. Contracts for public events and programs should require the event to be accessible to individuals with disabilities.
• IT and software. Agreements for website development, software, or digital tools, documents, or images should include language requiring compliance with accessibility standards such as Web Content Accessibility Guidelines (WCAG).

Depending on the nature of the contract, the following types of provisions may be included to ensure ADA compliance.

• Accessibility standards clause. Contracts should explicitly state that all services, facilities, and products must comply with ADA accessibility standards. This clause ensures that physical spaces, such as buildings and public areas, meet accessibility guidelines, and that digital platforms, such as websites, adhere to WCAG.
• Reasonable accommodation clause. Contracts should specify the obligation to provide reasonable accommodations for employees, citizens, and end-users with disabilities. This might include modifications to procedures, equipment, or facilities to ensure inclusivity.
• Indemnification clause. This clause shifts the liability for ADA noncompliance to third-party vendors and service providers.

There are some practical steps a city can take to help ensure ADA compliance.

• Conduct precontract assessments. Before entering into any agreement, assess the project’s potential impact on individuals with disabilities.
• Collaborate with legal and accessibility experts. Engage legal counsel and ADA compliance specialists to draft and review contract language.
• Establish clear accountability. Define roles and responsibilities for ADA compliance.
• Monitor and update provisions. ADA standards and interpretations can evolve. Periodically review and update contract provisions to reflect changes in the law or advancements in accessibility technology.

There are many benefits to incorporating ADA standards in contracts, including the following:

• Legal protection and risk mitigation. Noncompliance can lead to costly litigation, fines, and reputational damage. Including ADA-compliant provisions reduces the risk of litigation and penalties.
• Promoting inclusivity. Accessibility is fundamental in creating inclusive communities. ADA provisions ensure that public spaces and services are designed to accommodate individuals with varying needs. For example, public works contracts can require the construction of ADA-compliant sidewalks, ramps, and restrooms; and technology contracts can mandate compliance with WCAG standards, ensuring online services are usable by people with disabilities. By embedding these requirements in contracts, cities foster a culture of inclusion, allowing all residents to participate fully in civic life.
• Enhanced public trust and community engagement. When cities prioritize accessibility, they send a powerful message about their dedication to serving all residents. This commitment builds public trust and encourages greater community engagement. Residents with disabilities and their families are more likely to participate in public programs, use city services, and engage with cities when they feel valued and included.
• Supporting economic growth. Accessible communities are economically stronger. When public spaces and services are inclusive, they attract a broader range of visitors, residents, and businesses.
• Improved employee morale. Inclusive workplaces can enhance employee satisfaction and productivity by demonstrating a commitment to all people in your city.

ADA compliance is more than a legal requirement; it is a commitment to fostering inclusivity and fairness that empowers all residents, enhances trust, and promotes sustainable growth. As stewards of public resources, cities should lead the way in building communities that prioritize accessibility for everyone.

Contract review assistance

The League provides a free contract review service. Contracts and questions should be directed to Chris Smith, assistant general counsel — LMCIT programs, at csmith@lmc.org or (651) 281-1269.

Chris Smith is assistant general counsel of LMCIT programs at the League of Minnesota Cities. Contact: csmith@lmc.org or (651) 281-1269.