SETTLEMENT AGREEMENT BETWEEN

 

THE UNITED STATES OF AMERICA

 

AND

 

THE CITY OF CORAL GABLES, FLORIDA 

 

UNDER THE AMERICANS WITH DISABILITIES ACT

 

DJ 204-18-182

 

 

 

BACKGROUND

 

SCOPE OF THE INVESTIGATION

 

            The United States Department of Justice (Department) initiated this matter as a compliance review of the City of Coral Gables, Florida (the City) under title II of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12131-12134, and the Department's implementing regulation, 28 C.F.R. Part 35. Because the City receives financial assistance from the Department of Justice, the review was also conducted under the authority of section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and the Department's implementing regulation, 28 C.F.R. Part 42, Subpart G.

 

            The review was conducted by the Disability Rights Section of the Department's Civil Rights Division and focused on the City's compliance with the following title II requirements:

 

C           to conduct a self-evaluation of its services, policies, and practices by July 26, 1992, and make modifications necessary to comply with the Department's title II regulation, 28 C.F.R. § 35.105;

 

C           to notify applicants, participants, beneficiaries, and other interested persons of their rights and the City's obligations under title II and the Department's regulation, 28 C.F.R. § 35.106;

 

C           to designate a responsible employee to coordinate its efforts to comply with and carry out the City's ADA responsibilities, 28 C.F.R. § 35.107(a);

 

C           to establish a grievance procedure for resolving complaints of violations of title II, 28 C.F.R. § 35.107(b);

 

C           to operate each program, service, or activity so that, when viewed in its entirety, it is readily accessible to and usable by individuals with disabilities, 28 C.F.R. § 35.150, by:

 

• delivery of services, programs, or activities in alternate ways, including, for example, redesign of equipment, reassignment of services, assignment of aides, home visits, or other methods of compliance or, if these methods are not effective in making the programs accessible,

• physical changes to buildings (required to have been made by January 26, 1995), in accordance with the Department's title II regulation, 28 C.F.R. § 35.151, and the ADA Standards for Accessible Design (Standards), 28 C.F.R. pt. 36, App. A, or the Uniform Federal Accessibility Standards (UFAS), 41 C.F.R. § 101-19.6, App. A.

 

C           to ensure that facilities for which construction or alteration was begun after January 26, 1992, are readily accessible to and usable by people with disabilities, in accordance with 1) the Department's title II regulation and 2) the Standards or UFAS, 28 C.F.R. § 35.151;

 

C           to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others, including furnishing auxiliary aids and services when necessary, 28 C.F.R. § 35.160;

 

C           to provide direct access via TTY (text telephone) or computer-to-telephone emergency services, including 9-1-1 services, for persons who use TTY's and computer modems, 28 C.F.R. § 35.162;

 

C           to provide information for interested persons with disabilities concerning the existence and location of the City's accessible services, activities, and facilities, 28 C.F.R. § 35.163(a); and

 

C           to provide signage at all inaccessible entrances to each of its facilities, directing users to an accessible entrance or to information about accessible facilities, 28 C.F.R. § 35.163(b).

 

            As part of its compliance review, the Department reviewed the following facilities,  which – because construction or alterations commenced after January 26, 1992 – must comply with the ADA's new construction or alterations requirements:

 

                                                The Maintenance and Storage Facility

                                                Fire Station # 3

                                                The Trolley Station

                                                The Biltmore Hotel

                                                Biltmore Hotel Golf and Pro Shop

                                                Biltmore Kerdyk Tennis center

                                                City Hall

                                                City Hall Annex

                                                The Granada Golf Course

                                                Central Fire and Police

                                                Fire Station # 2

                                                Coral Gables War Memorial Youth Center

                                                Salvadore Park and Tennis Center

                                                Coral Bay Park

                                                Jaycee Park

                                                Phillips Park

                                                Pierce Park

                                                Sunrise Park

 

 

            The Department's program access review covered those of the City's programs, services, and activities that operate in the following facilities:

                                               

                                                Venetian Pool

 

            The Department conducted a program access review of the following parking garages and lots places:

                                               

                                                Garage 1

                                                Garage 4

                                                Garage 5

                                                Garage 6

                                                Lot 2

                                                Lot 3

                                                Lot 6

                                                Lot 7

                                                Lot 8

                                                Lot 9

                                                Lot 10

                                                Lot 11

                                                Lot 13

                                                Lot 17

                                                Lot 18

                                                Lot 19

                                                Lot 20

                                                Lot 21

                                                Lot 22

                                                Lot 23

                                                Lot 25

                                                Lot 30

                                                Lot 31

                                                Lot 33

                                                Lot 40a

                                                Lot 40b

                                                Lot 40c

                                                Lot 41

           

            Finally, the Department reviewed the City Police Department's policies and procedures regarding providing effective communication to persons who are deaf or hard-of-hearing.

 

JURISDICTION

 

1.         The ADA applies to the City because it is a "public entity" as defined by title II.  42 U.S.C. § 12131(1).

 

2.         The Department is authorized under 28 C.F.R. Part 35, Subpart F, to determine the compliance of the City with title II of the ADA and the Department's title II implementing regulation, to issue findings, and, where appropriate, to negotiate and secure voluntary compliance agreements.  Furthermore, the Attorney General is authorized, under 42 U.S.C. § 12133, to bring a civil action enforcing title II of the ADA should the Department fail to secure voluntary compliance pursuant to Subpart F.

 

3.         The Department is authorized under 28 C.F.R. Part 42, Subpart G, to determine the City's compliance with section 504 of the Rehabilitation Act of 1973, to issue findings, and, where appropriate, to negotiate and secure voluntary compliance agreements.  Furthermore, the Attorney General is authorized, under 29 U.S.C. § 794 and 28 C.F.R. §§ 42.530 and 42.108-110, to suspend or terminate financial assistance to the City provided by the Department of Justice should the Department fail to secure voluntary compliance pursuant to Subpart G or to bring a civil suit to enforce the rights of the United States under applicable federal, state, or local law.

 

4.         The parties to this Agreement are the United States of America and the City of Coral Gables, Florida.

 

5.         In order to avoid the burdens and expenses of an investigation and possible litigation, the parties enter into this Agreement.

 

6.         In consideration of, and consistent with, the terms of this Agreement, the Attorney General agrees to refrain from filing a civil suit in this matter regarding all matters contained within this Agreement, except as provided in the section entitled "Implementation and Enforcement."

 

7.         By entering into this Agreement, the City does not admit liability on any issue.

 

 

ACTIONS TAKEN BY CORAL GABLES, FLORIDA

 

8.         Before the Department's compliance review, the City, on its own initiative, took the following actions and has agreed to continue doing so for the life of this Agreement:

 

A.        The City has a designated ADA Coordinator.  Grievances are brought to the attention of the Coordinator who then works towards a resolution of the matter.  Recommendations are made to the City Manager.

 

B.        The City has a brand new Trolley which is fully accessible to people with disabilities.

 

C.        The City has a great deal of accessible playground equipment at its numerous parks.

 

D.        The City's sidewalks have ample curb cuts, making accessibility easier for persons with mobility impairments.  The City has also implemented a process for soliciting and receiving input from persons with disabilities regarding the accessibility of its sidewalks, including, for example, requests to add curb cuts to particular locations.

 

E.         The City has adopted an appropriate Notice of ADA Rights and has posted it prominently throughout its facilities.

 

F.         The City has adopted an ADA grievance procedure that enables persons with disabilities to bring issues to the attention of the ADA Coordinator or his or her alternate, and to appeal decisions to the City Manager.

 

G.        The City has identified sources of qualified sign language and oral interpreters, real-time transcription services, and vendors that can put documents in Braille.

 

H.        Each of the City's 9-1-1 call stations are equipped with a TTY or computer equivalent.

 

I.          The City monitors its incoming 9-1-1 TTY calls to ensure they are answered as quickly and accurately as other calls received.

 

J.         The City's employment policies have been amended to comply with the regulations of the U.S. Equal Employment Opportunity Commission implementing title I of the Americans with Disabilities Act of 1990, codified at 29 C.F.R. Part 1630.

 

 

REMEDIAL ACTION

 

9-1-1

 

9.         Within three months of the effective date of this Agreement, the City will retrain all call takers to use a TTY to take 9-1-1 calls, to recognize a "silent" open line as a potential TTY call and respond by TTY, and to ensure that TTY calls are answered as quickly as other calls received.

 

LAW ENFORCEMENT AND EFFECTIVE COMMUNICATION

 

10.       Within three months of the effective date of this Agreement, the City will adapt for its own use and implement the City of Coral Gables Police Department's Policy Statement on Effective Communication with People Who are Deaf or Hard of Hearing [Attachment A] and distribute to all police officers the Guide for Law Enforcement Officers When in Contact with People Who are Deaf or Hard of Hearing [Attachment B].

 

11.       Within three months of the effective date of this Agreement, the City will contract with one or more local qualified oral/sign language interpreter agencies to ensure that the interpreting services will be available on a priority basis, twenty-four hours per day, seven days a week, to its police or make other appropriate arrangements (such as contracting directly with or hiring qualified interpreters).

 

12.       Within three months of the effective date of this Agreement, the City will ensure that the police station is equipped with a working TTY to enable persons who are deaf, hard of hearing, or who have speech impairments to make outgoing telephone calls.

 

 

SIDEWALKS

 

13.       Within three months of the effective date of this Agreement, the City will identify and report to the Department all streets, roads, and highways that have been constructed or altered since January 26, 1992.  Paving, re-paving, or resurfacing a street, road, or highway is considered an alteration for the purposes of this Agreement.  Filling a pothole is not considered an alteration for the purposes of this Agreement.  Within three years of the effective date of this Agreement, the City will provide curb ramps or other sloped areas complying with the Standards or UFAS at all intersections of the streets, roads, and highways identified under this paragraph having curbs or other barriers to entry from a street level pedestrian walkway.

 

14.       Beginning no later than three months after the effective date of this Agreement, the City will provide curb ramps or other sloped areas complying with the Standards or UFAS at any intersection having curbs or other barriers to entry from a street level pedestrian walkway, whenever a new street, road, or highway is constructed or altered.

 

15.       Within three months of the effective date of this Agreement, the City will identify all street level pedestrian walkways that have been constructed or altered since January 26, 1992.  Paving, re-paving, or resurfacing a walkway is considered an alteration for the purposes of this Agreement.  Within three years of the effective date of this Agreement, the City will provide curb ramps or other sloped areas complying with the Standards or UFAS at all places where a street level pedestrian walkway identified under this paragraph intersects with a street, road, or highway.

 

16.       Beginning no later than three months after the effective date of this Agreement, the City will provide curb ramps or other sloped areas complying with the Standards or UFAS at all newly constructed or altered pedestrian walkways where they intersect a street, road, or highway.

 

WEB-BASED SERVICES AND PROGRAMS

 

17.       Within 1 month of the effective date of this Agreement, and on subsequent anniversaries of the effective date of this Agreement, the City will distribute to all persons – employees and contractors – who design, develop, maintain, or otherwise have responsibility for content and format of its website(s) or third party websites used by the City (Internet Personnel) the technical assistance document, "Accessibility of State and Local Government Websites to People with Disabilities," which is Attachment C to this Agreement (it is also available at www.ada.gov/websites2.htm).

 

18.       Within 30 months of the effective date of this Agreement, and throughout the life of the Agreement, the City will do the following:

 

A.        Establish, implement, and post online a policy that its web pages will be accessible and create a process for implementation;

 

B.        Ensure that all new and modified web pages and content are accessible;

 

C.        Develop and implement a plan for making existing web content more accessible;

 

D.        Provide a way for online visitors to request accessible information or services by posting a telephone number or e-mail address on its home page; and

 

E.         Periodically (at least annually) enlist persons with disabilities to test its pages for ease of use.

 

 

PHYSICAL CHANGES TO FACILITIES

 

19.       The elements or features of the City's facilities that do not comply with the Standards, including those listed in Attachments D, E, F, and G, could prevent persons with disabilities from fully and equally enjoying the City's services, programs, or activities and could constitute discrimination on the basis of disability within the meaning of 42 U.S.C. § 12132 and 28 C.F.R. §§ 35.149 and 35.150.

 

20.       It is the Department's position that the elements or features of the City's facilities that do not comply with the Standards, including those listed in Attachments D, E, F and G, could prevent persons with disabilities from fully and equally enjoying the City's services, programs, or activities and could constitute discrimination on the basis of disability within the meaning of 42 U.S.C. § 12132 and 28 C.F.R. §§ 35.149 and 35.150.  The City contests this position and enters into this Agreement and agrees to take the actions described herein in order to avoid the expense of litigation.

 

21.       Within three months of the effective date of this Agreement, the City will install signage as necessary to comply with 28 C.F.R. § 35.163(b), after having surveyed all facilities that are the subject of this Agreement for the purpose of identifying those that have multiple entrances not all of which are accessible.

 

22.       Newly Constructed Facilities:  In order to ensure that the following spaces and elements in City facilities, for which construction was commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the City will take the actions listed in Attachment D.

 

23.       Altered Facilities:  In order to ensure that the following spaces and elements in City facilities, for which alterations commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the City will take the actions listed in Attachment E.            

 

24.       Program Access in City's Existing Facilities:  In order to ensure that each of the City's programs, services, and activities operating at a facility that is the subject of this Agreement, when viewed in its entirety, is readily accessible to and usable by persons with mobility impairments, the City will take the actions listed in Attachment F.

                     

25.       Access to City Parking Garages and Lots:  In order to ensure that the City's facilities are accessible and usable by persons with mobility impairments, the City will take the actions in its parking facilities listed in Attachment G.  The actions set forth in Attachment G will be completed within 30 months of the effective date of this Agreement

 

MISCELLANEOUS PROVISIONS

 

26.       Except as otherwise specified in this Agreement, at yearly anniversaries of the effective date of this Agreement until it expires, the City will submit written reports to the Department summarizing the actions the City has taken pursuant to this Agreement.  Reports will include detailed photographs showing measurements, architectural plans, work orders, notices published in the newspaper, copies of adopted policies, and proof of efforts to secure funding/assistance for structural renovations or equipment.

 

27.       Throughout the life of this Agreement, consistent with 28 C.F.R. § 35.133(a), the City will maintain the accessibility of its programs, activities, services, facilities, and equipment, and will take whatever actions are necessary (such as routine testing of accessibility equipment and routine accessibility audits of its programs and facilities) to do so.  This provision does not prohibit isolated or temporary interruptions in service or access due to maintenance or repairs.  28 C.F.R. § 35.133(b).

 

28.       Within six months of the effective date of this Agreement, the City will develop or procure a two-hour training program on the requirements of the ADA and appropriate ways of serving persons with disabilities.  The City will use the ADA technical assistance materials developed by the Department and will consult with interested persons, including individuals with disabilities, in developing or procuring the ADA training program.  In addition to other topics, the training will ensure that all appropriate employees are trained and practiced in using the Relay Service to make and receive calls.

 

29.       Within one year of the effective date of this Agreement, the City will deliver its training program to all City employees who have direct contact with members of the public.  At the end of that period, the City will submit a copy of its training curriculum and materials to the Department, along with a list of employees trained and the name, title, and address of the trainer.

 

 

IMPLEMENTATION AND ENFORCEMENT

 

30.       If at any time the City desires to modify any portion of this Agreement because of changed conditions making performance impossible or impractical or for any other reason, it will promptly notify the Department in writing, setting forth the facts and circumstances thought to justify modification and the substance of the proposed modification.  Until there is written Agreement by the Department to the proposed modification, the proposed modification will not take effect.  These actions must receive the prior written approval of the Department, which approval will not be unreasonably withheld or delayed.

 

31.       The Department may review compliance with this Agreement at any time.  If the Department believes that the City has failed to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department for a modification of the relevant terms, the Department will so notify the City in writing and it will attempt to resolve the issue or issues in good faith.  If the Department is unable to reach a satisfactory resolution of the issue or issues raised within 30 days of the date it provides notice to the City, it may institute a civil action in federal district court to enforce the terms of this Agreement, or it may initiate appropriate steps to enforce title II and section 504 of the Rehabilitation Act.  In the event that the City believes a request for extension has been unreasonably withheld, the City may seek relief from the deadline(s) set forth in the Agreement by filing a request for relief in the United States District Court for the Southern District of Florida.  The Department agrees that it will not raise any jurisdictional issue if such action is filed.  Additionally, if there is a disaster, natural or otherwise, affecting the City, the Department agrees to renegotiate the terms of this Agreement and its deadlines.

 

32.       For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the City to fail to comply in a timely manner with any of its requirements without obtaining sufficient advance written agreement with the Department for an extension of the relevant time frame imposed by the Agreement.

 

33.       Failure by the Department to enforce this entire Agreement or any provision thereof with regard to any deadline or any other provision herein will not be construed as a waiver of the Department's right to enforce other deadlines and provisions of this Agreement.

 

34.       This Agreement is a public document.  A copy of this document or any information contained in it will be made available to any person by the City or the Department on request.  This Agreement, however, shall not be used as an admission of liability on the part of the City or as a finding of a violation of the laws referenced herein.

 

35.       This Agreement constitutes the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written Agreement (including its Attachments, which are hereby incorporated by reference), will be enforceable.  This Agreement does not purport to remedy any other potential violations of the ADA or any other federal law.  This Agreement does not affect the City's continuing responsibility to comply with all aspects of the ADA and section 504 of the Rehabilitation Act.

 

36.       This Agreement will remain in effect for three years.